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Protection of Employees upon Termination of the Employment
Benešová, Lucie ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The theme of this thesis is the protection of the eployees upon termination of the employment. The aim is to comprehensively assess the current legislation of termination of empoyment, with regard to the degree of protection that is provided to employees. It deals with the protection of employees, their position but also the claims related to the termination of the employment relationship. This thesis is dividend into five chapters, the first of which relates to the functions of labor law with an emphasis on the function of protection as a core function of labor law. With regard to weaker position of the employee to the employer, it is clear that labor law generally tries to balance this inequality or in some way eliminate it in order to provide the highest level of security. The second charter presents the core of this thesis and deals with the varoius types of termination of employment. It contains their assessement in relation to ensure adequate protection of employees but also the positives and negatives of legislation including possible aplication problems that are occured in practice. The emphasis is placed primarily on the termination of the employment relationship in view of the fact that the need to ensure a sufficient level of protection of employees in this unilateral termination method...
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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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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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Level of protection for employee by termination of employment relationship
Cibulková, Markéta
UNIVERZITA KARLOVA V PRAZE PRÁVNICKÁ FAKULTA KATEDRA PRACOVNÍHO PRÁVA A PRÁVA SOCIÁLNÍHO ZABEZPEČENÍ __________________________________________________________________ Míra ochrany zaměstnance při rozvazování pracovního poměru Level of protection for employee by termination of employment relationship Disertační práce Abstrakt v anglickém jazyce duben 2012 Autor: Mgr. Markéta Klánová Školitel: Prof. JUDr. Miroslav Bělina, CSc. Abstrakt v anglickém jazyce Level of protection for employee be termination of employment relationship This dissertation thesis deals with the level of protection awarded to employees who have their employment terminated in the Czech Republic. The first part of this thesis focuses on the functions of labor law as it pertains to an employee's termination, particularly the protective function, as well as the development of the protective labor legislation. A majority of the thesis is devoted to several aspects of an employer's decision to terminate the employment relationship. First, the thesis discusses the primary protection for employees who have their employment terminated. Second, the thesis examines the different ways and reasons for the dismissal of an employee, Third, the thesis describes the different provisions that protect employees, such as, the participation in trade unions,...
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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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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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Protection of Employees upon Termination of the Employment
Benešová, Lucie ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The theme of this thesis is the protection of the eployees upon termination of the employment. The aim is to comprehensively assess the current legislation of termination of empoyment, with regard to the degree of protection that is provided to employees. It deals with the protection of employees, their position but also the claims related to the termination of the employment relationship. This thesis is dividend into five chapters, the first of which relates to the functions of labor law with an emphasis on the function of protection as a core function of labor law. With regard to weaker position of the employee to the employer, it is clear that labor law generally tries to balance this inequality or in some way eliminate it in order to provide the highest level of security. The second charter presents the core of this thesis and deals with the varoius types of termination of employment. It contains their assessement in relation to ensure adequate protection of employees but also the positives and negatives of legislation including possible aplication problems that are occured in practice. The emphasis is placed primarily on the termination of the employment relationship in view of the fact that the need to ensure a sufficient level of protection of employees in this unilateral termination method...
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Flexicurity in the Netherlands - possible implementation of the concept in comparative perspective
Králíček, Jan ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
Flexicurity in the Netherlands - possible implementation of the concept in comparative perspective This diploma thesis deals with the concept of Flexicurity in the European and Dutch context with possible implications for the Czech Labour Law. The first part is concerned with a short historical overview of the matter, discovering presence of the notion of flexible and secure Labour arrangements in the contemporary Czech legislation. Second part analyses the understanding of Flexicurity as a strategy on European level, promoted in an open method of coordination. The next part focuses on the theoretical concept of security and flexibility of the Labour relations, inevitably combining these integral parts in the strategy of Flexicurity. Dutch concept of Flexicurity, heavily diverging from the former Danish model, is the main focus of the fourth chapter. The Dutch regulation is approached with keen focus on ideas which were behind the recodification. Central pieces of legislation are discussed. Sample areas with importance for the comparison are selected from Czech and Dutch legal systems and then considered in detail in the fifth part. Position of Trade Unions, job security with regards to protection from dismissal and use of atypical labour contracts are compared and analyzed. The main differences...
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Level of protection for employee by termination of employment relationship
Cibulková, Markéta ; Bělina, Miroslav (advisor) ; Drápal, Ljubomír (referee) ; Pichrt, Jan (referee)
UNIVERZITA KARLOVA V PRAZE PRÁVNICKÁ FAKULTA KATEDRA PRACOVNÍHO PRÁVA A PRÁVA SOCIÁLNÍHO ZABEZPEČENÍ __________________________________________________________________ Míra ochrany zaměstnance při rozvazování pracovního poměru Level of protection for employee by termination of employment relationship Disertační práce Abstrakt v anglickém jazyce duben 2012 Autor: Mgr. Markéta Klánová Školitel: Prof. JUDr. Miroslav Bělina, CSc. Abstrakt v anglickém jazyce Level of protection for employee be termination of employment relationship This dissertation thesis deals with the level of protection awarded to employees who have their employment terminated in the Czech Republic. The first part of this thesis focuses on the functions of labor law as it pertains to an employee's termination, particularly the protective function, as well as the development of the protective labor legislation. A majority of the thesis is devoted to several aspects of an employer's decision to terminate the employment relationship. First, the thesis discusses the primary protection for employees who have their employment terminated. Second, the thesis examines the different ways and reasons for the dismissal of an employee, Third, the thesis describes the different provisions that protect employees, such as, the participation in trade unions,...
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