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Adjudication of individual labour disputes
Bohačík, Stanislav ; Pichrt, Jan (advisor) ; Matějka Řehořová, Lucie (referee)
Adjudication of individual labour disputes Abstract The thesis examines the adjudication of individual labour disputes and aims to provide an overview of the issue, including a historical background and presentation of selected foreign legislation, along with the author's own proposed solutions. The first chapter defines labour disputes and explores different ways to categorize them. The second chapter provides a historical overview of how individual labour disputes were handled in the Austro-Hungarian Empire, the first Czechoslovak Republic, the Protectorate, and the early post-war years. It covers the trade courts, the specialized Czechoslovak labour courts, and their disappearance due to the adoption of soviet doctrinal Law on the Humanization of the Judiciary. The third chapter discusses the period of turbulent changes in labour dispute arbitration after the communist takeover in 1948 and during the period of normalisation after the "Prague Spring" in 1968. It examines different methods used of resolving individual labour disputes, analyses their instruments, and explains the differences between the applied institutes. The fourth chapter focuses on the current international, European, and Czech legal regulations for individual labour disputes. It looks into the detail at the lay judge as a lay element...
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Alternative resolution of labour disputes
Černý, Martin ; Tomšej, Jakub (advisor) ; Vysokajová, Margerita (referee)
Alternative resolution of labour disputes Abstract This thesis discusses the issue of alternative dispute resolution methods in terms of suitability of their use in the context of individual labour disputes. Alternative dispute resolution methods typically represent a fast, informal, and less costly alternative to court litigation. In the field of individual labour law, they are expected to help maintain the employment relationships between employers and employees, which are characterized by their longevity. The thesis provides a structured analysis of the applicability of alternative dispute resolution methods to disputes arising from individual employment relationships. Subsequently, the thesis focuses in more detail on mediation, which is regulated in act No. 202/2012 Coll., on mediation. The existing Czech legal framework is critically analysed and compared with foreign legislation and practice. Based on the findings acquired through legal and comparative analysis, new legislative measures and non-legislative tools are proposed. These include in particular proposals for the improvement of the expertise of registered mediators and its guarantees, for the extension of the legal duty of confidentiality, for adoption of new motivational and informational tools, and for the implementation of non-legislative...
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Alternative resolution of individual labour disputes
Schořovská, Nikola ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Alternative resolution of individual labour disputes Abstract This thesis deals with alternative ways of solving individual labor disputes. The main reason for choosing this topic was the author's personal experience with alternative methods of dispute resolution in the field of labor conflicts and labor disputes, in particular with mediation, and also the author's opinion on non-fulfilment of the full potential of these methods in individual labor disputes. The work aims to provide a structured overview of the most commonly used alternative dispute resolution methods in the Czech Republic. At the same time, the author deals with hybrid methods that are rarely used in the czech dispute environment. For the sake of clarity, the author tried to maintain a similar structure in the individual chapters. The first two chapters focus on the definition of basic terms such as labor law dispute, ADR and their division and types. The next chapters already focus on the basic and hybrid ADR methods. Space is also devoted to both negotiation, its principles, phases and negotiation approaches, and other methods. The focus of the work lies in the fourth and fifth chapters focusing on mediation and arbitration. The author describes main conceptual features, principles and legislation including some problematic legal...
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Employment tribunals and courts in selected EU member states
Bezděková, Barbora ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
The thesis deals with the regulation of individual labour disputes settlement provided for in the law systems of the EU member states. The law systems chosen for comparison are the ones of the Czech Republic, England and France. In the first chapter there is an outline of the obligations resulting from the international and European legislation in the area of labour disputes settlement. In the following three chapters the Czech, English and French regulations are described subsequently. The individual regulations of the above mentioned countries are analyzed with reference to the institutions endowed with authority to settle individual labour disputes, the participation of lay members in the process of decision making, the proceedings at the courts of first instance as well as the proceedings at the higher courts and last but not least with reference to the means of alternative dispute settlement. In the second chapter dedicated to the Czech regulation the historical context is also mentioned. In the final part of the thesis the results of the analysis are compared and suggestions for the future Czech regulation of labour disputes settlement are offered.
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