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Company health-care services
Tomšej, Jakub ; Pichrt, Jan (advisor) ; Chvátalová, Iva (referee) ; Drápal, Ljubomír (referee)
- 193 - Abstract This dissertation theses describes the topic of company health-care services. The thesis provides a complex analysis of providing company health-care services with particular focus on the connection of these services with the employment relations and the legal instruments governed by the Labour Code. The thesis focuses in particular on the topic of medical examinations and medical reports, as well as the unfitness to work due to health-related reasons as a reason for termination of employment or other employment-law consequences. Besides an analysis of the current legislation, the theses further deals with the current case law, and in particular the judicial decisions on medical reports and their review by administrative and civil courts. The thesis also describes related legal instruments in the field of personal data protection and liability for damages, and provides a short comparison of the analysed legal regulation and the regulation of public service.
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Pracovnělékařské služby
Dostál, Filip ; Havelka, Josef ; Scheu, Lenka ; Štefko, Martin
Jednou z povinností zaměstnavatele je komplexně řídit rizika. Současně k jeho povinnostem podle ustanovení § 103 odst. 1 písm. a) zákona č. 262/2006 Sb., zákoník práce, ve znění pozdějších předpisů (dále jen „zákoník práce“) náleží i nepřipustit, aby zaměstnanci vykonávali zakázané práce, stejně jako práce, ve kterých by náročnost nebyla adekvátní jejich schopnostem a zdravotní způsobilosti. Ke splnění těchto povinností by měl být výrazně nápomocný poskytovatel pracovnělékařských služeb. Ten je obeznámen s problematikou bezpečnosti a ochrany zdraví při práci v takové míře, že by se měl podílet na snížení počtu pracovních úrazů a nemocí z povolání, což se týká především méně rizikových prací. S účinností od 1. dubna 2012 jsou pracovnělékařské služby definovány v ustanovení § 53 zákona č. 373/2011 Sb., o specifických zdravotních službách, ve znění pozdějších předpisů (dále jen „zákon o specifických zdravotních službách“). V této souvislosti je možné poznamenat, že podle Úmluvy ILO č. 161 o závodních zdravotních službách pojem závodní zdravotní služba přesahuje pouhé provádění pracovnělékařských prohlídek zaměstnanců. Závodní zdravotní služba je důležitá hlavně z pohledu prevence vzniku onemocnění. K tomu je nezbytná důkladná znalost pracovního prostředí. Ačkoliv pod pracovnělékařské služby spadá preventivní, diagnostická a konzultační péče, stěžejní je zvláště služba posudkové péče. V jejím rámci poskytovatel pracovnělékařské péče zjišťuje, je-li zaměstnanec schopen vykonávat dosavadní práci.
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Company health care services
Kramoliš, Vojtěch ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Company health care services Abstract The thesis is focused on the company health care services and its legal regulation. It aims to describe and analyse particular duties of an employer, an employee and a company health care services provider, hence the subjects which are of an imminent closeness to the company health services issues. The thesis is composed of five chapters. The first chapter is dedicated to the legislation, as the primary law source in the Czech Republic and further to the European and international law. The chapter also comprises basic definition of the term company health care services and its position in relation to the occupational medicine. Second chapter draws attention to the subjects, whose duties the thesis deals with, including their part in the labour law system. They are the company healthcare services provider, the employer, and the employee. Furthermore, the chapter reflects the exceptions based on the agency employment, providing the company health care services by employee's registering health care provider, and providing the health care services by employer's own staff. Third chapter depicts the analysis of the duties of the company healthcare services provider, especially the analysis of the duties set by the Act on the Special Medical Services. Beside the provider's...
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The legal significance of a medical opinion
Macasová, Karolína ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
This thesis deals with a topic of the legal significance of a medical opinion. The aim of the work is to analyse the current legal regulation of medical opinions, create a comprehensive interpretation and evaluate the sufficiency and unambiguity of their legal regulation. The topic connects two important and indispensable fields - law and medicine. In addition to the importance and practicality of the topic, the author also chose it because she had participated in a research within the project: "Medical opinions of occupational health service providers and their importance for ensuring safety and health at work of employees", identification sheet No. V11- S4. At the end of the work there is a brief summary of the information obtained in the research. The work is divided into four chapters, which follow each other in both content and logic. The introductory chapter introduces the legal framework of the issue of medical opinions. It does so by mentioning relevant national, international and European legislation. Chapter two marginally describes occupational health services, health care providers, occupational health examinations and a contract for the provision of occupational health services. The main subject of the medical opinions is comprised I chapters there and four. First of all, there is a...
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Occupational medical services
Švandelíková, Klára ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
This rigorous thesis deals with the institute of occupational medical services, enshrined in the legal order of the Czech Republic by Act No. 373/2011 Coll., on Specific Health Services. This Act was, together with some other acts, part of the so-called health reform and replaced the legal regulation of occupational preventive care, contained mainly in Act No. 20/1966 Coll., on Public Health Care. In spite of the fact that the Act came into effect almost eight years ago, the rules relating to the provision of occupational medical services still pose problems in practice, i.e. on the both sides of the individual employment relationship, as well as on the side of occupational medical services providers. The importance of occupational medical services and the orientation in the rights and obligations of these providers, employers and employees are underlined by the fact that the obligation to provide these services falls on all employers, regardless of their number of employees, turnover or any other parameter. In the light of the above mentioned, this thesis aims to map the legislation of occupational medical services taking into account the existing case law practice and to provide answers to some problematic questions arising from practice. For a broader context, the first part of the thesis is...
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Employee's Health Incapacity to Work and Legal Nature of Medical Certificates
Sadílek, Martin ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Employee's Health Incapacity to Work and Legal Nature of Medical Certificates Abstract This thesis is named "Employee's Health Incapacity to Work and Legal Nature of Medical Certificates." Employee's health incapacity to work has significant consequences for the master-servant relationship and these consequences are visible in the areas of creation, modification and termination of the master-servant relationship. This incapacity can also have various causes and every cause can have different labour-law consequences. Employee's health incapacity can, however, be declared only by a medical certificate or by a decision of an administrative authority, which reviews the medical certificate. Only on the basis of the above mentioned medical certificate or decision of an administrative authority which reviews the medical certificate are the employer and employee entitled to actions predicted by legislation. In recent years, there has been a change in how medical certificates are viewed upon in terms of their legal nature. Today, medical certificates are not considered as legally binding, but only as a non-binding opinion. The objective of this thesis is to describe and analyse the legal regulation of medical certificates, with extra attention being paid to the legal nature of those certificates. The goal is also to...
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Company health care services
Kheková, Tereza ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
Company health care services Abstract The thesis deals with the legal regulation of the company health care services. The thesis' aim is to describe and evaluate the current legislation of the basic institutes of the company health care services and to point out the changes brought by the amendment to the Act on Specific Health Services, which became effective on 1st November 2017. The main chapters of this work are dedicated to the parties of the company health care services and medical documentation/patients' summaries. The thesis is divided into five chapters. The first chapter provides a brief overview of the legislation, which governs the area of company health care services. This legislation includes not only the national legislation but also the international and European law. The second chapter explains the term of health care services. It further divides company health care services into expert care, advisory and supervisory activities. The third chapter deals with the parties of the company health care services, which are the company health care services provider, the employer and the employee, and also points out their rights and obligations in the provision of company health care services. The largest part of this chapter is devoted to the company health care services provider, who has an...
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Health Risk Assessment of Selected Factors of Working Environment and Occupational Health Services in the Field of Recycling and Processing of Secondary Raw Materials and Waste
DVOŘÁKOVÁ, Sára
This thesis deals with the evaluation of health risks of chosen factors in the work environment and medical services in the recycling and secondary raw materials and waste processing field. The goal of the thesis is to chart companies which handle recycling and secondary raw materials and waste processing in the South Bohemian Region, to find out the risk factors that go in hand with this work and to determine in which work category these workers belong. I have determined three hypotheses within the research. Hypothesis 1: The nature of the work activities does not correspond with suggested risks. Hypothesis 2: The workers are not equipped with tools in accordance with detected risks. Hypothesis 3: The workers of companies dealing with recycling and secondary raw materials and waste processing do not attend the necessary medical check-ups. The thesis consists of a theoretical and a practical part. In the theoretical part I have introduced the risk factors connected to recycling and secondary raw materials and waste processing. I have covered the problematics of medical services for the employees, occupational disease and the protection of health from unfavorable effects of the work environment. To reach my goal, I have utilized quantitative research methods. For data collecting I have used anonymous surveys in the area of the South Bohemian Region. In the survey, I have adressed scrapyards, composting plants, collection yards and waste dumps. The collected data were processed by the Microsoft Excel program. The obtained data may be used as an information source for students as well as for employers and employees in companies handling secondary raw materials and waste processing.
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Company health-care services
Tomšej, Jakub ; Pichrt, Jan (advisor) ; Chvátalová, Iva (referee) ; Drápal, Ljubomír (referee)
- 193 - Abstract This dissertation theses describes the topic of company health-care services. The thesis provides a complex analysis of providing company health-care services with particular focus on the connection of these services with the employment relations and the legal instruments governed by the Labour Code. The thesis focuses in particular on the topic of medical examinations and medical reports, as well as the unfitness to work due to health-related reasons as a reason for termination of employment or other employment-law consequences. Besides an analysis of the current legislation, the theses further deals with the current case law, and in particular the judicial decisions on medical reports and their review by administrative and civil courts. The thesis also describes related legal instruments in the field of personal data protection and liability for damages, and provides a short comparison of the analysed legal regulation and the regulation of public service.
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Employment of HIV positives
Tomšej, Jakub ; Hůrka, Petr (referee) ; Štefko, Martin (referee)
Prague - 12508472.1 Abstract of the thesis "Employment of HIV positives" - English The rigorous thesis "Employment of HIV positives" analyses certain aspects of individual employment relations which are particularly relevant from the viewpoint of employment of HIV positives. Based on information about HIV and AIDS, its development and transmission ways, it is concluded that HIV should not in most cases represent an obstacle to performance of work and/or establishment of employment relationship. The thesis examines certain important points regarding employment of HIV positives, such as the steps leading to establishment of employment relationship, determination of health fitness to work, protection of privacy of employees, protection against discrimination and employee protection in the process of termination of employment. The thesis also focuses on the specific regulation of employment of HIV positives in armed forces. Apart from the analysis of the current statutory and case law regulation, the thesis offers some suggestions for amendments of legislation from the de lege ferenda viewpoint as well as a comparison with some instruments of German law.
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