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Atypical Forms of Employment from the Perspective of Flexicurity
Kvapilová, Monika ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Atypical Forms of Employment from the Perspective of Flexicurity Abstract The aim of this thesis is the assessment of the legal regulations of selected types of atypical employment from the perspective of the concept of flexicurity. It aims is to analyze the legal regulations of selected types of employment, to identify key elements of flexibility, security and employee protection, and critically evaluate whether the current legal framework meets the requirements of the Czech labor market or not. In case of the requirements not being met, possible solutions shall be proposed within the considerations de lege ferenda. This thesis consists of an introduction, four main parts, which are further divided into chapters and subchapters, and a conclusion. The first part offers a brief introduction to labor law. The second part focuses on the concept of flexicurity, its origin, various interpretations of different professionals, and its utilization in employment policies. It describes several different types of flexibility, security, and employee protection, and their reflection in labor law institutions. The third part is concerned with employment, dependent work, and the distinction between typical and atypical employment. The key part of this thesis is the fourth part, which examines specific forms of atypical...
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Flexicurity on the Czech Labour Market: An Application in European Context
Matoušek, Jindřich ; Mysíková, Martina (advisor) ; Šolc, Jan (referee)
UNIVERZITA KARLOVA V PRAZE FAKULTA SOCIÁLNÍCH VĚD Institut ekonomických studií Jindřich Matoušek Flexicurity on the Czech Labour Market: An Application in European Context Abstract of Bachelor Thesis Praha 2011 Abstract During the course of my bachelor thesis, I deal with a concept of flexicurity in the Czech Republic. The concept merges two apparently opposite components of labour market, i.e. flexibility and security. Furthermore, this approach has been spontaneously developed in Denmark and the Netherlands and became an inherent part of socio-legal labour market policies promoted by European Union at the beginning of the twentieth century. First part of this paper reviews a situation of both components of flexicurity in the Czech Republic at the time when this thesis is formed. It describes the evolution of unemployment as well as the degree of flexibility and security on the Czech labour market and compares them with current situation in the rest of European states. Second part analyses flexible forms of employment in the Czech Republic, such as part-time jobs and its microeconomic implications. In the final section, I focus on the evaluation of elements which affected the unemployment rate in the Czech Republic from 1993 to 2008. Title: Flexicurity on the Czech Labour Market: An Application in European...
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Contractual freedom and its limitation in the formation, changes and termination of the employment relationship
Lach, Vlastimil ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
This thesis is focused on a contractual freedom in employment relations, especially upon formation, changes and termination of the employment relationship. The contractual freedom is the key principle of private law, therefore also of labor law, and the expression of the contractual freedom is the freedom of an individual in his choice whether to enter into an employment relationship, who to enter with, what content would the employment relationship have and when and how to terminate this relationship. The contractual freedom upon formation, changes and termination of an employment relationship is necessary to be limited due to protection, safety and certainty of employees and also in the public interest. One of the objectives of this thesis is to think about how should be this restriction of the contractual freedom limited. In this work there is also a description of a historical development of a regulatory autonomy of the will of the parties and a description of a statutory regulation of the formation, changes and termination of an employment relationship. Another objective of this thesis is to reflect on the impact of extensive recodification of private law, that occurred in recent years, on the formation, changes and termination of the employment relationship. This thesis consists of an introduction, 8...
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Contractual freedom versus employee protection
Steininger, Jan ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
The central theme of this diploma thesis is the mutual relationship between the employee protection and the contractual freedom as legal principles standing against each other. This relationship must be balanced as much as possible within the framework of legislation on labour law relationships, which is the task of labour law. This diploma thesis deals with the assessment of the level of flexibility against the legal instruments used to protect the employee. In other words, this diploma thesis attempts to outline the operation of the modern principle of flexicurity in the Czech law, while also explaining what the flexicurity itself means. The first part of this diploma thesis describes labour law in general terms as a legal branch, its aims and its object. At the same time, it outlines the historical development of labour law relationships with a focus on the operation of the contractual freedom and the employee protection in order to better understand the whole matters. The second part deals with the explanation of the concept of flexicurity and the meaning of its particular parts, which form this concept. The notional first half of this work dealing with the general definition of flexibility and the employee protection is then completed by the third and fourth parts dealing with both the concept...
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Contractual freedom versus employee protection
Steininger, Jan ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
The central theme of this diploma thesis is the mutual relationship between the employee protection and the contractual freedom as legal principles standing against each other. This relationship must be balanced as much as possible within the framework of legislation on labour law relationships, which is the task of labour law. This diploma thesis deals with the assessment of the level of flexibility against the legal instruments used to protect the employee. In other words, this diploma thesis attempts to outline the operation of the modern principle of flexicurity in the Czech law, while also explaining what the flexicurity itself means. The first part of this diploma thesis describes labour law in general terms as a legal branch, its aims and its object. At the same time, it outlines the historical development of labour law relationships with a focus on the operation of the contractual freedom and the employee protection in order to better understand the whole matters. The second part deals with the explanation of the concept of flexicurity and the meaning of its particular parts, which form this concept. The notional first half of this work dealing with the general definition of flexibility and the employee protection is then completed by the third and fourth parts dealing with both the concept...
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Flexicurity and its effects on the Czech labour law
Čapková, Martina ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
Flexicurity and its effects on the Czech labour law This diploma thesis deals with the topic of flexicurity and its effects on the Czech labour law. After the first chapter, which is focused on the common understanding of the basic concepts of labour law, concentration on the topic itself - the principle of flexicurity - is given. It is a concept that aims to achieve harmony between the flexible arrangements of subjects of employment relationships and the guarantee of a certain level of working conditions for employees. Also the basic elements of flexicurity are explained: employment flexibility and protection of employees. By the introduction to principles of flexicurity also the European Union position to this new concept is explained. The third chapter is focused on the effects of flexicurity in the Czech labour law. In this chapter, also the possible approaches for creating of the legal environment in compliance with principles of flexicurity are explained. This part also deals with the subjects of flexicurity, that can dispose of the flexibility as well as protection of the labour law. In the next section, the employment from the perspective of flexicurity is analysed, as the employment represents the most common labour relation. The chapter deals also with the institutions associated with the...
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Atypical forms of employment
Kaše, Miloslav ; Štangová, Věra (advisor) ; Štefko, Martin (referee)
Mgr. Ing. Miloslav Kaše, CSc., Atypical forms of employment, Rigorous thesis, Charles University in Prague, Faculty of Law, Department of Labor Law and Social Security Law, Prague, 2017. Number of pages 134. The topics of rigorous thesis are some selected atypical forms of employment and flexible working arrangements that the Czech labor law not yet fully knows and uses. The chosen theme is based on current trends in labor law highlighting flexicurity as a mutual individual employment relationship between employer and employee, which through atypical forms of employment and flexible working arrangements allows the freedom and flexibility for the employer and the guarantee and protection by minimum labor standards on the part of the employee. This paper also briefly compares atypical forms of employment and flexible working arrangement with Slovak labor legislation. This paper describes and evaluates selected atypical forms of employment and flexible working arrangements - homeworking, job sharing, interim management, on call work, labor pooling and voucher system - both from the perspective of employers, who often promote greater freedom and flexibility of labor legislation and from the perspective of employees who are more interested in the introduction of atypical forms of employment and flexible...
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Flexicurity in the scope of formation and termination of employment relationship
Hiblerová, Aneta ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
My diploma thesis is dealing with the legal issue of formation and termination of employment in the terms of flexicurity, focusing on the individual expressions of flexibility and employee protection in these legal institutes. The issue of flexibility and employee protection in the scope of formation and termination of employment is often discussed on the national as well as European level. Discussion emerges mostly due to the different preferences when the employer could rather benefit from flexibility, while for the employee the employee protection could be more important. To understand the institute of employment easily, the first chapter of my thesis describes Labour law in general and its subject. It slowly follows with the second chapter which is trying to give an explanation of flexicurity concept as well as a description of individual expressions of flexibility and employee protection. To illustrate the up-to-date and still higher importance of this strategy, including the European level, trends and attempts to integrate the flexicurity model into Member States' legislation are analysed. The third and the fourth are the key chapters of my thesis. The individual expressions of flexibility and employee protection are discussed there. The case of termination of employment provides the greatest...
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Notice of termination of employment in selected EU member states
Bišof, Petr ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
This master's dissertation deals with notice of termination of employment in three countries, specifically Czech Republic, Federal Republic of Germany and Great Britain, specifically England. The Federal Republic of Germany has been selected because Germany is a country with highly developed economy, however the social function of which is very fundamental that is also reflected in the notice of termination of employment legal regulation. Great Britain was selected because it represents different legal system to Czech republic or Germany, so called common law. British legal system can be further divided into legal systems of England and Wales, Northern Ireland and Scotland. This master's essay deals with the enactment in England. At the same time, it is also one of the economically most developed country in the framework of the European Union and a country in which a great number of Czech citizens seek their work opportunities. As far as structure of the individual Chapters is concerned, they are not arranged herein in the same scheme, because the legal form of the notice in the legal regulations differs so much, as far as conception or legal sources is concerned, that even the breakdown of the individual Chapters respects reflects such differences. Hence, the Chapter describing the notice in the Republic...
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Individual protection of employees in Czech and Slovak labor law
Masnik, Kamil ; Tröster, Petr (advisor) ; Štefko, Martin (referee)
The work deals with individual protection of employees in the Czech and Slovak labor law. Given that still have not been made any implementation of EU directives, including their respective transpositions into labor law is the difference in labor codes in both State concerned. Diferencema topics in the field of protection of individual employees This thesis deals, analyzes it, and not only from the aspect of substantive legislation but also in terms of process, because different jurisprudence us completes a comprehensive overview of the application practice. This work also provides the reader with the necessary insight to the new concept of flexicurity in the labor law in both countries. Finally, we This thesis presents a comparison of the two labor codes from the perspective of an individual employee protection under the influence of flexicurity.
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