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Notice of termination of employment served by employer for employee's health reasons
Svatošová, Leontina ; Matějka Řehořová, Lucie (advisor) ; Morávek, Jakub (referee)
Notice of termination of employment served by employer for employee's health reasons Abstract The thesis deals with the topic of termination for health reasons, i.e., termination based on the causes contained in Section 52 (d) and (e) of the Czech Labour Code. The author's aim is not only to provide a comprehensive examination of the topic itself but also to provide an overview of the most important challenges associated with the termination grounds in question. This purpose is achieved in particular through a thorough analysis and comparison of the rich case law, which is absolutely crucial to the chosen topic and the rapid development of which has been subject to much critical reflection. The secondary aim is to outline possible solutions according to the designed law, both on the basis of professional literature cited in the thesis as well as the author's own conclusions. These suggestions are presented in a comprehensive way, especially in the final chapter of the thesis, but partial ideas can also be found throughout the whole work. Due to the key position of the medical statement in relation to the examined grounds for termination, the thesis also pays sufficient attention to this legal institute and its development over the years with regard to relevant decisions of higher courts. To illustrate the...
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Transfer of an employee to alternative work due to health reasons
Čermáková, Anna ; Tomšej, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
1 Transfer of an employee to alternative work due to health reasons Abstract This thesis deals with the legal regulation of the institute of transferring an employee to alternative work due to health reasons and its related labor law contexts. The introductory chapter briefly describes the development and legal regulation of the institute of transfer of an employee to alternative work. Attention is focused on the compliance of unilateral transposition with the Charter of Fundamental Rights and Freedoms and the obligations arising from international treaties, as well as the principles of labor and civil law. In addition to that, essential terms for the further discussion of the institute of transfer of an employee are being defined: the type of work, specific description of the type of work and the employer's dispositional power. The second part of the thesis is dedicated to the legal regulation of changes in the content of the employment by agreement and unilateral legal action and in particular, by transfer. The third part focuses on the introduction of basic occupational health concepts, which are used in the following chapters focusing on transfers due to health reasons. Attention is focused mainly on the medical opinion, which is one of the most common and problematic reasons for transferring employees...
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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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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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Optimisation of the medical examination process in Foxconn
Dopitová, Markéta ; Legnerová, Kateřina (advisor) ; Palíšková, Marcela (referee)
The main aim of this study is to describe and compare the process of medical examination in selected divisions of the Foxconn company on the basis of my personal working experience. The goal is to obtain comprehensive knowledge of strengths and weaknesses, opportunities and threats of the medical examination procedure and to present a suitable optimisation of the process. The theoretical part of the study elaborates on the expert knowledge focusing on personnel management development, particular personnel processes, benefits for employees with the emphasis on medical examinations and international employment. The practical part is divided into two parts. The first part describes the company Foxconn and its selected divisions. The second part contains the medical examination outcomes, a research consisting of the medical check-up monitoring and SWOT analysis of the individual processes, a proposal for process optimisation including software installation, costs, staffing and training courses. A description of research methodology is also included. In order to achieve the aim of this study qualitative methods of collecting data were used. Monitoring the whole process of medical examinations was carried out by methods of observation and half-structured dialogues with human resources officers.
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