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Transfer of rights and obligations arising from employment relationships
Ševců, Dominik ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Transfer of rights and obligations arising from employment relationships Abstract The thesis deals with the legal institute of transfer of rights and obligations arising from employment relationships, which is regulated both at European and national level. At the European level, this institute is regulated under Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses. At the national level, the institute is regulated under Act No. 262/2006 Coll., the Labour Code, which has recently been amended by Act No. 285/2020 Coll. amending Act No. 262/2006 Coll., the Labour Code, as amended, and certain other related acts. This amendment has fundamentally changed the Czech regulation thereof. The main objective of the thesis is to compare the Czech regulation on the transfer of rights and obligations in the wording prior to and after the aforesaid amendment, with the legislation at the European level. The author also offers his assessment of the current Czech legislation regarding the transfer of rights and obligations and possible de lege ferenda solutions. The thesis is divided into 5 chapters. In the first chapter, the author deals...
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The transfer of rights and obligations arising from employment relationship
Kůsová, Šárka ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
The thesis focuses on regulation of transfer of undertakings in the European Union and Czech law as defined by the Directive 2001/23/EC, the so called Acquired Rights Directive. Transfer of undertaking is a term used in labour law to describe a situation of change of employer as a result of legal transfer or merger. The aim of this thesis is to analyse the EU and Czech legal regulation of transfer of undertaking, especially with respect to the case law, its employment consequences, to mutually compare both regulations and finally to examine whether the Czech implementation complies with the Directive. The thesis is composed of four chapters. The first chapter is introductory and analyses the basic terminology of Czech labour law regarding employment relationship, its components and alterations, in particular the alteration of parties to employment relationship. The second chapter deals with the EU regulation of transfer of undertakings under the Acquired Rights Directive and abundant case law of the Court of Justice of the European Union. It starts with brief description of history of respective legal regulation and then describes the temporal, personal and territorial scope of the Directive. However, the scope that is the most complicated to define is the material scope, i.e. the range of cases to...
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Transfer of rights and obligations from employment relationships
Uhrinová, Zuzana ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
Transfer of rights and obligations from employment relationships Abstract This thesis examines the legal area of the transfer of rights and obligations arising from employment relationships, which has, in some aspects, been significantly amended with effect from 30 July 2020. The main objective of the thesis is to provide an analysis of the legislation on the transfer of rights and obligations from employment relationships in force until the end of July 2020, including the identification of any shortcomings of this legislation. Subsequently, the thesis assesses whether the adopted amendment (Act No. 285/2020 Coll., amending Act No. 262/2006 Coll., the Labour Code, as amended, and certain other related acts) deals with these problematic areas appropriately and sufficiently. In this analysis, particular emphasis is placed on achieving the asserted purpose of the legal regulation and balancing the interests of the concerned parties. After a historical outline and definition of the purpose of the legislation, the thesis concentrates on the identification of the transfer of rights and obligations arising from employment relationships in the national legislation of the Czech Republic, specifically the legal grounds of the transfer under Section 338 Subsections 2 and 3 of the Labour Code before and after the...
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Transfer of Undertakings
Havlík, Jakub ; Hůrka, Petr (advisor) ; Matějka Řehořová, Lucie (referee)
Transfer of Undertakings Abstract This thesis elaborates on the transfer of undertakings safeguarding employees, rooted in the European legislation in the Council Directive 77/187/EEC of 19 February 1977, replaced by the Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses. Firstly, the European legislation on the transfer of undertakings is briefly analyzed, including its historical transposition into the Czech legal system and an analysis of its interpretation in the case-law of the Court of Justice of the European Union. The analysis of this legislation focuses in particular on the general nature of this institute of transfer of undertakings and on its basic pillars, such as the automaticity of the transfer, the economic unit preserving its identity, the preservation of working conditions and others. The next part of the thesis analyses the Czech regulation anchored in Act No. 262/2006 Coll., the Labour Code, as amended until 29 July 2020, which is gradually compared with the regulation at the European level, highlighting the fundamental differences caused by the somewhat loose transposition of the European regulation...
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Protection of employees in the event of transfer of employer
Koubková, Barbora ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
Protection of employees in the event of transfer of employer The master's theses deals with the topic of the transfer of rights and obligations from employment relationships and related institutes of protection of the employees affected by the transfer. The topic is regulated at the European Union tier by Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, which has been transposed into national law as Section XV of Part Thirteen of Act No. 262/2006 Coll., the Labour Code. The thesis introduces both tiers of legislation, the relevant case law of the Court of Justice of the European Union and the Supreme Court of the Czech Republic and evaluates the implementation of the Directive 2001/23/EC into the national system. The first part of the work is an explanatory one as it describes the meaning of some of the fundamental labour law terms and contexts for the purposes of the following text. The second part introduces the transfer of an undertaking, business or part thereof under the Directive 2001/23/EC and formation of the rules by the Court of Justice of the European Union, in particular the development of the...
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The transfer of an undertaking/business in Czech and European Labour Law
Reichmann, Lukáš ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
The transfer of an undertaking/business in Czech and European Labour Law The aim of my thesis is to thoroughly analyse the regulation of transfers of undertakings, businesses or parts of undertakings or businesses in the perspective of Czech and European Labour Law. The reasons for choosing this topic are my genuine interest in Labour Law and the fact that this area of Labour Law is relatively overlooked by most authors in the Czech Republic. Aside from the general introduction and conclusion, this master thesis will consist of three main parts, each of them dealing with different aspects of the topic concerned. The introductory part defines basic terminology used in the thesis and describes my motivation for choosing this topic. The first part gives a brief historical overview of the development in this area of Labour Law both in European Law and Czech Law. The second part deals with transfers of undertakings/businesses within European Law, so the Council Directive No. 2001/23/EC and the respective case law of the Court of Justice of the European Union are mostly discussed there. Therefore, this part focuses on various aspects of this topic such as legal transfer, merger or identity of economic entity. Then, several methods of the transfer of undertaking/business within the sense of the directive...
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Transfer of rights and obligations arising from employment relations
Košnar, Michael ; Štangová, Věra (referee)
The thesis focuses on the transfer of rights and obligations arising from employment relations. This legal institute is primarily aimed at the protection of employees during the transfer of undertakings, which can negatively affect their employment relations. The matter is regulated under the Transfers of Undertaking Directive 2001/23/EC. In addition, it is regulated under Czech law, mostly by articles 338-342 of the Czech Labour Code No. 262/2006 Coll. The thesis involves critical assessment of the EU and Czech regulation of the issue including relevant case law of the Supreme Court of the Czech Republic and the Court of Justice of the European Union(CJEU). Furthermore, it aspires to identify the possible problems arising from the current regulation and aims to find their possible solutions. The most essential questions are; when the transfer of rights and obligations occurs according to legislation currently in force and when it should occur in the case the legislation is to be amended. The thesis consists of three chapters. The first introductory chapter provides the reader with a necessary theoretical background. The second chapter contemplates the Directive 2001/23/EC and predominantly focuses on the material scope of the Directive in the light of the relevant case law of the CJEU. Finally,...
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Section 338 par. 2 of the Labour Code as the reason of transference of rights and duties arising from labour relations
Jirkovská, Kateřina ; Štefko, Martin (referee) ; Vysokajová, Margerita (referee)
Section 338 par. 2 of the Labour Code as the reason of transference of rights and duties arising from labour relations This Thesis deals with the issue of legal transference of rights and duties arising from labour relations, which occurs due to the transfer of an employer's business activity or its part, or of an employer's tasks, or some of them, to another employer. The first chapters are devoted to the issues related to the moment of transfer of rights and duties arising from labour relations. Among these issues, identification of employees affected by the transfer and identification of transferred rights and duties including the possibility of their change may be regarded as the most important. The issues of equal treatment, possibility of termination of employment and obligation to inform and to consult are also discussed. After analyzing problematic areas associated with the transfer of rights and duties arising from labour relations, the Thesis focuses on the question of the interpretation of a "transfer" under Section 338 par. 2 of the Labour Code, with which the legal transfer of rights and duties is associated. Although the proper interpretation of a "transfer" is essential, the Czech legislation has not yet given definite answer on this question. Under the Czech legislation the...
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Transfer of rights and obligations arising from employment relations
Košnar, Michael ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
The thesis focuses on the transfer of rights and obligations arising from employment relations. This legal institute is primarily aimed at the protection of employees during the transfer of undertakings, which can negatively affect their employment relations. The matter is regulated under the Transfers of Undertaking Directive 2001/23/EC. In addition, it is regulated under Czech law, mostly by articles 338-342 of the Czech Labour Code No. 262/2006 Coll. The thesis involves critical assessment of the EU and Czech regulation of the issue including relevant case law of the Supreme Court of the Czech Republic and the Court of Justice of the European Union(CJEU). Furthermore, it aspires to identify the possible problems arising from the current regulation and aims to find their possible solutions. The most essential questions are; when the transfer of rights and obligations occurs according to legislation currently in force and when it should occur in the case the legislation is to be amended. The thesis consists of three chapters. The first introductory chapter provides the reader with a necessary theoretical background. The second chapter contemplates the Directive 2001/23/EC and predominantly focuses on the material scope of the Directive in the light of the relevant case law of the CJEU. Finally,...
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Transfer of rights and obligations arising from labour relations
Blaha, Martin ; Lang, Roman (advisor) ; Štefko, Martin (referee)
This diploma thesis deals with the institute Transfer of rights and obligations arising from the labour relations under the Czech legal system in comparison with European legislation and namely in the light of the Czech and EU's judicial decisions. The text is divided into three main parts. In the first part there are generally determined the labour relations, their elements and possible change of them. The second part describes the institute, the impact on the concerned employees and all rights and obligations with the transfer related. The third part is about the situations, when the Transfer of undertaking occurs in accordance with special regulations. There are raised the questions in the text, which could occur in this context with the change of the employer, and the author attempts them more or less to answer with the assistance of the decisions of courts.
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