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The transfer of rights and obligations arising from employment relationship
Kůsová, Šárka ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
The thesis focuses on regulation of transfer of undertakings in the European Union and Czech law as defined by the Directive 2001/23/EC, the so called Acquired Rights Directive. Transfer of undertaking is a term used in labour law to describe a situation of change of employer as a result of legal transfer or merger. The aim of this thesis is to analyse the EU and Czech legal regulation of transfer of undertaking, especially with respect to the case law, its employment consequences, to mutually compare both regulations and finally to examine whether the Czech implementation complies with the Directive. The thesis is composed of four chapters. The first chapter is introductory and analyses the basic terminology of Czech labour law regarding employment relationship, its components and alterations, in particular the alteration of parties to employment relationship. The second chapter deals with the EU regulation of transfer of undertakings under the Acquired Rights Directive and abundant case law of the Court of Justice of the European Union. It starts with brief description of history of respective legal regulation and then describes the temporal, personal and territorial scope of the Directive. However, the scope that is the most complicated to define is the material scope, i.e. the range of cases to...
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Principle of flexicurity in legal regulation of transfer of rightsand obligations from the employment-law relations
Jouzová, Lada ; Hůrka, Petr (advisor) ; Štangová, Věra (referee) ; Tröster, Petr (referee)
1 Principle of flexicurity in legal regulation of transfer of rights and obligations from the employment-law relations Abstract In her PhD thesis, the author deals with the legal regulation of transfer of rights and obligations arising from employment-law relations in the Czech Republic, in the context of the European union law, from the point of view of the concept of flexicurity in the employment-law relations. This concept includes, on the one hand, elements of flexibility in the realization of employment-law relations, and, on the other hand, security (protection) of employees in these relations which is manifested in particular by the transfer of rights and obligations from their employment-law relations to the new employer itself. At present, when changes in the employers' organizational structure, transfers of activities or tasks, mergers, the purchase of a business or a business lease, but also so called outsourcing, insourcing, and change of suppliers are becoming more and more common in companies, the issue of change of the employer, and consequently, safeguarding and protection of the rights of employees, in particular safeguarding of their employment-law relations, is becoming more up to date. Protection of employees' rights during the transfers of undertakings and businesses is one of the...
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Transfer of undertaking and collective dismissals in a European perspective
Randlová, Nataša ; Bělina, Miroslav (advisor) ; Hůrka, Petr (referee) ; Bognárová, Věra (referee)
In her PhD thesis, the author deals with the legal regulation of transfer of undertaking (and the passage of the employees' rights and obligations it involves) and the frequent collective redundancy related to such transfers. Both sets of provisions dealing with these topics are embodied in the Czech Labour Code and are harmonised with the EU directives pertaining to these fields, specifically Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (originally, Council Directive 77/187/EEC of 14 February 1977 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses) and Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies. The two directives mentioned above were already transposed to the Czech Labour Code in 2001 by means of an amendment adopted under No. 155/2001 Coll. As regards the rules governing collective redundancies, it can be stated, in substance, that the original regulation of 2001 remained unchanged and...
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Transfer of rights and obligations arising from labour relations
Blaha, Martin ; Lang, Roman (advisor) ; Štefko, Martin (referee)
This diploma thesis deals with the institute Transfer of rights and obligations arising from the labour relations under the Czech legal system in comparison with European legislation and namely in the light of the Czech and EU's judicial decisions. The text is divided into three main parts. In the first part there are generally determined the labour relations, their elements and possible change of them. The second part describes the institute, the impact on the concerned employees and all rights and obligations with the transfer related. The third part is about the situations, when the Transfer of undertaking occurs in accordance with special regulations. There are raised the questions in the text, which could occur in this context with the change of the employer, and the author attempts them more or less to answer with the assistance of the decisions of courts.
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The transfer of rights and obligations arising from employment relationship
Kůsová, Šárka ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
The thesis focuses on regulation of transfer of undertakings in the European Union and Czech law as defined by the Directive 2001/23/EC, the so called Acquired Rights Directive. Transfer of undertaking is a term used in labour law to describe a situation of change of employer as a result of legal transfer or merger. The aim of this thesis is to analyse the EU and Czech legal regulation of transfer of undertaking, especially with respect to the case law, its employment consequences, to mutually compare both regulations and finally to examine whether the Czech implementation complies with the Directive. The thesis is composed of four chapters. The first chapter is introductory and analyses the basic terminology of Czech labour law regarding employment relationship, its components and alterations, in particular the alteration of parties to employment relationship. The second chapter deals with the EU regulation of transfer of undertakings under the Acquired Rights Directive and abundant case law of the Court of Justice of the European Union. It starts with brief description of history of respective legal regulation and then describes the temporal, personal and territorial scope of the Directive. However, the scope that is the most complicated to define is the material scope, i.e. the range of cases to...
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