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Illegal work - performance of work outside the basic employment relationship
Benešová, Romana ; Tomšej, Jakub (referee)
Illegal work - performance of work outside the basic employment relationship Abstract The topic of this diploma thesis is illegal employment according to the provisions of § 5 letter e) point 1 of Act No. 435/2006 Coll., on employment, as amended. The thesis deals exclusively with the fulfillment of the definition of illegal work by performing work outside the employment relationship, ie situations where there is either a concealment of dependent work, its performance without a valid employment contract or the performance of work on examination. The main goal of this work is to connect the field of employment with the field of administrative punishment and thus gain comprehensive knowledge about illegal work and its punishment. The thesis provides a detailed analysis of the current legislation on illegal work and links its wording with selected case law, thus creating a comprehensive overview of the issues addressed. This diploma thesis is divided into four main chapters. In the first part, the graduate focuses on the definition of the terms dependent activity and dependent work, which are necessary for understanding the issues of work outside the employment relationship. The second part of this work describes in detail the possibilities of fulfilling the definition of illegal work, while its important...
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Legal analysis of "švarcsystém" and related issues
Řehounek, Miroslav ; Matějka Řehořová, Lucie (advisor) ; Tomšej, Jakub (referee)
Legal analysis of "švarcsystém" and related issues Abstract This thesis aims to provide a comprehensive overview of a labour law phenomenon known as "švarcsystém" in the Czech Republic. This practice can be described as the performance of dependent work as a self-employed person rather than an employee in a regular employment relationship. Though enough attention is paid to its historical roots and its development from the early 1990's, the thesis also later presents ideas on how to deal with this practice. To give the aforementioned and promised "comprehensive overview", the thesis first summarises the developing understanding of what exactly constitutes švarcsystém and where its boundaries lie by analysing the related statute law and case-law up to the time of the thesis' writing. The author describes the latest crucial conclusions of the Czech highest courts on how to distinguish between genuine self-employment and cases of illegal work as that is how švarcsystém is legally understood in the statute-law. What follows is a comparison of an employment relationship and a business relationship of a self-employed person, from both the legal and economic perspective from which the motivation to use this type of legal framework is more clearly visible. The thesis then also pays attention to the downsides of...
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Illegal work - performance of work outside the basic employment relationship
Benešová, Romana ; Tomšej, Jakub (referee)
Illegal work - performance of work outside the basic employment relationship Abstract The topic of this diploma thesis is illegal employment according to the provisions of § 5 letter e) point 1 of Act No. 435/2006 Coll., on employment, as amended. The thesis deals exclusively with the fulfillment of the definition of illegal work by performing work outside the employment relationship, ie situations where there is either a concealment of dependent work, its performance without a valid employment contract or the performance of work on examination. The main goal of this work is to connect the field of employment with the field of administrative punishment and thus gain comprehensive knowledge about illegal work and its punishment. The thesis provides a detailed analysis of the current legislation on illegal work and links its wording with selected case law, thus creating a comprehensive overview of the issues addressed. This diploma thesis is divided into four main chapters. In the first part, the graduate focuses on the definition of the terms dependent activity and dependent work, which are necessary for understanding the issues of work outside the employment relationship. The second part of this work describes in detail the possibilities of fulfilling the definition of illegal work, while its important...
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Illegal work and penalties for such work
Kmínek, Petr ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
This thesis deals with selected issues of illegal work and its punishment, especially in terms of administrative offences. It focuses, in particular, on terminology related to illegal work, inspection activities of the labour inspection office and punishment of illegal work in administrative proceedings. The main reason why I have selected this topic is because I have been interested in labour law ever since I was studying it as a compulsory subject. There is a broad range of topics to choose from in labour law, but I have chosen the area of illegal work because of my previous experience from working in regional inspectorate of the State Labour Inspection Office, based in Ústí nad Labem, as this topic falls into its scope of authority. The main goal of this thesis is to provide a theoretical definition of illegal work, to describe the inspection procedure of employers and administrative procedure regarding the inspected entities. Furthermore, one of the goals of this thesis is to point out certain deficiency in current legal framework, especially regarding practical problems with the application of law. The prologue introduces the topic of illegal work, defines structure of this thesis and its mains goals. The thesis itself is then divided into four chapters. The first chapter focuses on dependent...
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Illegal work - performance of work outside the basic employment relationship
Benešová, Romana ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Illegal work - performance of work outside the basic employment relationship Abstract The topic of this diploma thesis is illegal employment according to the provisions of § 5 letter e) point 1 of Act No. 435/2006 Coll., on employment, as amended. The thesis deals exclusively with the fulfillment of the definition of illegal work by performing work outside the employment relationship, ie situations where there is either a concealment of dependent work, its performance without a valid employment contract or the performance of work on examination. The main goal of this work is to connect the field of employment with the field of administrative punishment and thus gain comprehensive knowledge about illegal work and its punishment. The thesis provides a detailed analysis of the current legislation on illegal work and links its wording with selected case law, thus creating a comprehensive overview of the issues addressed. This diploma thesis is divided into four main chapters. In the first part, the graduate focuses on the definition of the terms dependent activity and dependent work, which are necessary for understanding the issues of work outside the employment relationship. The second part of this work describes in detail the possibilities of fulfilling the definition of illegal work, while its important...
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Identifying obscured employment or: how to avert the associated risks
Doležal, Radim ; Morávek, Jakub (referee)
Identifying obscured employment or: How to avert the associated risks Summary The thesis explores the issue of obscured employment and obscured agency employment. Its roots are in practical experience and real needs of actual subjects. In practice, the issue of obscured employment and obscured agency employment is particularly important in relation to outsourcing of one's business activities to another person. However, the current legal regulation is not perfectly clear when it comes to definition of these two legal problems and their identification in practice. This is true especially in relation to the issue of obscured employment. Thus, the goal of this thesis is to identify the elements defining obscured employment and obscured agency employment. Added value of this thesis is then introduction of possible ways of how to organize an outsourcing relationship so that the relevant authorities do not assess such relationship to be obscured employment or obscured agency employment. In other words, how to avert the risks associated with obscured employment and obscured agency employment. This follows straight from the defining elements of these two legal issues identified in the thesis. The foundations of this thesis are laid in analytical definition of fundamental, mostly labour law, concepts used herein....
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Nelegálna práca v Českej republike a na Slovensku
Galková, Miroslava
In my thesis, I deal with the whole-society problem called illegal work which negatively affects the state and, in the end, the citizens themselves. The main purpose of the thesis is to identify factors, which can affect the extent of illegal work. Knowledge of these factors is necessary in order to fight against illegal work, even by weakening the impact of these factors themselves. Through the usage of comparative method, the extent of illegal work and its differences in the Czech Republic as compared to Slovakia are assessed. In my thesis, I found out that people were looking for undeclared work in traditional sectors of illegal work such as construction sector, accommodation and food services, and the manufacturing industry. Among the identified factors that have led these people to work illegally, we can include, for example, economic motivation, i.e. income increase, low minimum wage or poverty.
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Employment of Foreigners
Hrdina, Tomáš ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
69 Abstract The main goal of the diploma thesis "Employment of foreigners" is to summarize and critically evaluate the current legislation regarding the employment of foreigners in the Czech Republic, both for foreigners from countries which are not Member States of the European Union and also employment of citizens of the European Union since a separate regime applies to each of these groups under the Czech law. The thesis itself is divided into the introduction, four main chapters and a conclusion. The first chapter defines the most important legal terms which are crucial for the elaboration of the thesis, i.e. in particular a foreigner - as a general term as well as the legal definition stipulated in the Act on Residence of Foreign Nationals in the Czech Republic, a family member of an EU citizen or a Czech citizen respectively, an employee, an employer and employment. The second chapter deals with the current legal status and concept of employment of foreigners in the Czech Republic with focus on individual types of residence permits, types of individual work permits as well as on employers' obligations and necessary steps when employing EU citizens or foreigners in the Czech Republic. The third chapter defines the term "illegal work" and deals with its impact on the Czech environment, not only from a...
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Illegal work and its persecution
Šuda, Marek ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
The topic of this diploma thesis is the illegal work and its persecution, whereas the main goal is to point out and analyze the most important institutes relating to the illegal work, to identify the relevant legislation and to point out problematic issues of the regulation and its application. The text is systematically divided into three main chapters, in particular the field of dependent work, illegal work and finally the sanctioning of illegal work. The introductory chapter of this thesis deals with dependent work, the definition of which is a necessary condition for further interpretation of illegal work and its persecution. After a brief introduction to the legislative history and the legal definition of this term, the particular characteristics of the legal definition and, subsequently, the conditions of performance of dependent work are discussed. Further, the case law of the Supreme Administrative Court and the related additional characteristics of the dependent work which the court has defined beyond the legal definition are mentioned. The second chapter finally deals with the main topic of the thesis which is the illegal work. After defining the legal definition of illegal work and a short reminder of its legislative development, the further text is divided according to the different...
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