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The employer's obligation to compensate for the damage caused to the employee
Štěpánková, Kateřina ; Štefko, Martin (advisor) ; Vysokajová, Margerita (referee) ; Šimečková, Eva (referee)
The employer's obligation to compensate for the damage caused to the employee Abstract In the submitted dissertation, the author deals with the topic of the employer's obligation to compensate for the damage caused to the employee. This issue is highly actual, as in the past there have arised, and these days still continue to arise new and new connected questions to discuss, and sometimes the re-opening of questions that have already been settled occurs as well. At the same time, it is also a common-sense oriented topic, as almost every employer has at some point been in a position where they were forced to fulfil this legal obligation towards their employee. Within the scope of this dissertation, fundamental attention is devoted to the analysis of individual types of the employer's liability for damage caused to the employee and to a critical insight into the complexity of their legal provisions and their real usability. International comparisons are also provided in places, where it is appropriate and useful. A number of concrete suggestions de lege ferenda are also provided. The first part is devoted to a basic insight into this issue, but in addition to it, it also contains a clear statistic comparison of the amount of court decisions carried out in cases of lawsuits on fulfilment of the relevant types...
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Liability for damage regarding occupational accidents and illness
Lachnit, Ondřej ; Štefko, Martin (advisor) ; Koldinská, Kristina (referee)
Ondřej Lachnit Liability for Damage Regarding Occupational Accidents and Illness The following thesis deals with the issue of liability for damage regarding occupational accidents and illness in the Czech Republic. At the present time, employer's liability conforms to the Labour Code from 2006, which builds on the preceding Labour Code from the year 1965. A rich judicature concerning occupational accidents and illness has been formed since the 1960s. In this thesis, I often quote from this judicature. The current Labour Code, however, only provisionally deals with this issue; an ensuing change is about to take place due to the passing of a new law concerning the workers' compensation insurance. This law is already valid, but has yet to become operative. The law will come into effect on January 1st, 2013. Whether the law will become operative is questionable as its legal effect depends on the political situation in the Czech Republic. Currently, the right-wing government does not favour the new law, since it would burden the state budget more than the current system. In the Czech Republic, the employer's liability for damage regarding occupational accidents is defined very broadly:...
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Work injury and occupational disease
Šourek, Filip ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
The aim of the thesis is to give a comprehensive view on the issue of occupational accidents and occupational diseases. The work uses the descriptive method, the method of analysis and the comparative method. The entire text is structured into chapters and subchapters. The main focus is on the work with the judicial decisions that are closer discussed and analyzed. The work defines the basic concepts of occupational accidents and related occupational diseases, such as an accident at work, occupational disease, pain or social impairment, discusses the conditions of employer liability for damage at work accidents and occupational diseases, the possibility of exemption the employer for damage and employers liability insurance for damage. The greatest attention in the thesis is paid to types of compensation related to accidents at work and occupational diseases provided to injured employees or bereaved persons. Neglected is not even forthcoming amendment to Act no. 262/2006 Coll., the labor code and long-delayed law no. 266/2006 Sb., of casualty insurance employees.
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Compensation for Occupational Accidents and Deseases
Kubínová, Petra ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
English abstract Compensation for Occupational Accidents and Diseases The aim of this thesis is to give a comprehensive view of problematics related to occupational accidents and occupational diseases with attention to the types of compensation of injury and their comparation with legislation of compensation of accidents in civil law. According to author's opinion a deference between legislation of compensation of injury in civil law and in labour law can have a big influence on a victim status. Because of that the author of this work suggest to harmonize legislation of compensation of injury for all cases. The text is structured into chapters and subchapters. In this thesis author defines the basic concepts as occupational accidents, occupational diseases, duties of employers and employees in connection with an accident at work or occupational disease, employer's liability for damage and system of employer's liability insurance for damage. A large part of this work is also paid to the system of work injury insurance, which was to be run through the Czech Social Security Administration in the form of provision of social benefits to employees injured by work injury or occupational disease. Besides that the main attention is paid to forms of compensation for injured employees or in the event of employee death...
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Compensation for Occupational Accidents and Deseases
Kubínová, Petra ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
English abstract Compensation for Occupational Accidents and Diseases The aim of this thesis is to give a comprehensive view of problematics related to occupational accidents and occupational diseases with attention to the types of compensation of injury and their comparation with legislation of compensation of accidents in civil law. According to author's opinion a deference between legislation of compensation of injury in civil law and in labour law can have a big influence on a victim status. Because of that the author of this work suggest to harmonize legislation of compensation of injury for all cases. The text is structured into chapters and subchapters. In this thesis author defines the basic concepts as occupational accidents, occupational diseases, duties of employers and employees in connection with an accident at work or occupational disease, employer's liability for damage and system of employer's liability insurance for damage. A large part of this work is also paid to the system of work injury insurance, which was to be run through the Czech Social Security Administration in the form of provision of social benefits to employees injured by work injury or occupational disease. Besides that the main attention is paid to forms of compensation for injured employees or in the event of employee death...
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Liability for damage regarding occupational accidents and diseases
Kyslíková, Kristýna ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
Název práce v anglickém jazyce: Liability for damage regarding occupational accidents and diseases The aim of this thesis is to analyze liability for damages regarding accupational accidents and diseases as a part of employer's liability and the evaluation of the current regulation in this area. This thesis is devided to eight chapters. First part of this thesis is a theoretical introduction to the matter of occupational accidents and diseases and the liability for damages caused by them. The target of the first part is to define the institutes of the labor law, which are crucial for the regulation of material and non-material damages in labor law. The theoretical first part consists of Chapter One, Chapter Two and Chapter Three. Chapter One is introductory and defines basic terminology used in the thesis, with the main term being liability in labour law. Chapter Two enumerates various types of liability, such as material liability, non-material liability and other types of liability. Chapter Three defines material and non-material damage in the light of new Civil Code. Chapter Four and Chapter Five are specifying the issue of damage liability, on both sides - employee's and employer's. Chapter Six provides outlines of the relevant Czech case law and is therefore subdivided into four parts. Part One...
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Work injury and occupational disease
Šourek, Filip ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
The aim of the thesis is to give a comprehensive view on the issue of occupational accidents and occupational diseases. The work uses the descriptive method, the method of analysis and the comparative method. The entire text is structured into chapters and subchapters. The main focus is on the work with the judicial decisions that are closer discussed and analyzed. The work defines the basic concepts of occupational accidents and related occupational diseases, such as an accident at work, occupational disease, pain or social impairment, discusses the conditions of employer liability for damage at work accidents and occupational diseases, the possibility of exemption the employer for damage and employers liability insurance for damage. The greatest attention in the thesis is paid to types of compensation related to accidents at work and occupational diseases provided to injured employees or bereaved persons. Neglected is not even forthcoming amendment to Act no. 262/2006 Coll., the labor code and long-delayed law no. 266/2006 Sb., of casualty insurance employees.
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Occupational accidents and occupational diseases
Štaňková, Helena ; Vysokajová, Margerita (advisor) ; Drápal, Ljubomír (referee)
Occupational accidents and occupational deseases The purpose of my thesis is to analyze the legal regulation of occupational accidents and occupational diseaseses. I focused mainly on legal regulation of employer liability for damage to health workers, the revised in the act 262/2006 Sb., Labour Code. Effective regulation of the issue is highly fragmented, extends to more legal fields. As of 1.1.2013 is expected entry into force of Act 266/2006 Sb., about accident insurance of employees. Accident Insurance Act brings major changes. Workmen's compensation insurance for damage in an industrial accident or occupational disease will be replaced by a new form of social insurance - injury insurance policy with its own system of benefits. The monopoly of two commercial insurance companies, which now carries out mandatory insurance, will be abolished. It entrusts the Czech Social Security Administration, that carries out other types of social insurance. The financial demands, lack of preparedness of the Czech Social Security a ministration and other complications have led repeatedly to postpone the entry into force of the Act. Now underway to further intensive work on amendment of this Act. The question remains whether the Act takes effect at all and, what results this will bring. The thesis deals with the...
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Liability for damage regarding occupational accidents and illness
Lachnit, Ondřej ; Štefko, Martin (advisor) ; Koldinská, Kristina (referee)
Ondřej Lachnit Liability for Damage Regarding Occupational Accidents and Illness The following thesis deals with the issue of liability for damage regarding occupational accidents and illness in the Czech Republic. At the present time, employer's liability conforms to the Labour Code from 2006, which builds on the preceding Labour Code from the year 1965. A rich judicature concerning occupational accidents and illness has been formed since the 1960s. In this thesis, I often quote from this judicature. The current Labour Code, however, only provisionally deals with this issue; an ensuing change is about to take place due to the passing of a new law concerning the workers' compensation insurance. This law is already valid, but has yet to become operative. The law will come into effect on January 1st, 2013. Whether the law will become operative is questionable as its legal effect depends on the political situation in the Czech Republic. Currently, the right-wing government does not favour the new law, since it would burden the state budget more than the current system. In the Czech Republic, the employer's liability for damage regarding occupational accidents is defined very broadly:...
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Employers' Liability for Employees' Personal Injuries
Štaňková, Helena ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
Employer's lability for damages of an employee's health The purpose of my thesis is to analyze contemporary legal regulation of employer's lability for damages of employee's health with its former regulation in the labor code from 1965 and its future regulation in the code 266/2006 Sb. The thesis is composed of eleven chapters. Chapter one is introductory and characterises the basic sources of law in this sphere. The chapter is subdivided into three parts - International agreements, European law and National legal regulation. Chapter two examines a description of terms occupational accident and occupational diseases. This chapter is subdivided into trhree parts. Part one gives a description of occupational accident, damage and causality between occupational accident and damage, which are necessary preconditions of employer's lability for occupational accident. The subsequent part is about occupatinal diseases and the employer's lability for them. In this part is also a list of occupational diseases. The third part of the chapter gives an attention to special institute of endangerment by occupational disease. The subsequent chapter is about dues of employer and employee by the occupational accidents and diseases. Chapter Four concentrates on problem for employer's liability and the employer's...
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