|
|
Informal carers in Czech social law
Hemerová, Lucie ; Koldinská, Kristina (advisor) ; Matějka Řehořová, Lucie (referee)
Informal carers in Czech social law Abstract Majority of long-term care for elderly persons is provided by informal carers, i.e. by relatives of other close persons. Despite informal care has significant value either for economy and society, it is omitted by the legislator over a long period. Therefore, the objective of this diploma thesis is to map the legislation affecting the situation of informal carers, to analyse it and to propose changes resulting from confronting the legislation with the actual situation of informal carers. This thesis is structured into six chapters. The purpose of first chapter is to present basic background which briefly describes the most important social and demographic phenomena accelerating the need to address legal status of informal carers and in perspective of which the relevant legislation should be analysed. In particular, such phenomena are population ageing, gender equality, financing of social welfare systems and the situation of informal carers on labour market. In the second chapter, given the topic of this thesis, the social law is defined and areas of law affecting informal carers the most are described in more detail, i.e. social welfare law and labour law. Third, fourth and fifth chapters relevant legislation is described. Chapter three is devoted to...
|
|
|
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...
|
|
|
Protection of Employees in the Event of the Insolvency of their Employer from the Perspective of the EU Law
Seidl, Petr ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
The objective of this thesis, entitled "Protection of Employees in the Event of the Insolvency of their Employer from the Perspective of the EU Law" is to analyse European legislation in the field of protection of workers with regard to selected aspects and specifics of Czech national regulations. One of the main reasons for the adoption of national Act No. 118/2000 Coll. was the transposition of the Directive 2008/94/EC, which represents European legislation in this area. While protection of employees in the event of the insolvency of their employer was adopted at the community level in the early eighties, in the Czech Republic, the Act No. 118/2000 Coll. entered into force on the 1st July 2000. The thesis also deals with the broader context of the EU law, case law of the Court of Justice of the European Union, and selected legislation on the field of protection of employees in the event of the insolvency of their employer in certain Member States of the EU. The aim of this thesis also lies in description of not only the European legal framework, but also in an analysis of the area of protection of employees in the of employer's insolvency, which may have not been adequately transposed at all or has been transposed too widely. The typical case is, in my opinion, section 2, paragraph 5 of the Act...
|
|
|
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...
|
|
|
Protection of Employees in the Event of the Insolvency of their Employer from the Perspective of the EU Law
Seidl, Petr ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
The objective of this thesis, entitled "Protection of Employees in the Event of the Insolvency of their Employer from the Perspective of the EU Law" is to analyse European legislation in the field of protection of workers with regard to selected aspects and specifics of Czech national regulations. One of the main reasons for the adoption of national Act No. 118/2000 Coll. was the transposition of the Directive 2008/94/EC, which represents European legislation in this area. While protection of employees in the event of the insolvency of their employer was adopted at the community level in the early eighties, in the Czech Republic, the Act No. 118/2000 Coll. entered into force on the 1st July 2000. The thesis also deals with the broader context of the EU law, case law of the Court of Justice of the European Union, and selected legislation on the field of protection of employees in the event of the insolvency of their employer in certain Member States of the EU. The aim of this thesis also lies in description of not only the European legal framework, but also in an analysis of the area of protection of employees in the of employer's insolvency, which may have not been adequately transposed at all or has been transposed too widely. The typical case is, in my opinion, section 2, paragraph 5 of the Act...
|
|
|
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...
|
|
|
Contractual freedom versus protection of employees
Kotula, Tomáš ; Hůrka, Petr (advisor) ; Lang, Roman (referee)
This diploma thesis deals with the problematics of the contractual freedom and the protection of employees in labour law relations and the concept of flexicurity which seeks to find balance between these two opposing notions. Its main objective is to evaluate the applicable Czech legislation regulating formation and termination of an employment relationship from the view of flexicurity, including by proposing possible changes of legal instruments within the framework of reflections de lege ferenda. The first part characterizes the contemporary Czech labour law legislation and the concept of flexicurity, followed by its reflection into the Czech Labour Code. This part concludes with an introduction of successful flexicurity models. The following part analyses both development and understanding of flexicurity at European level with the focus on impacts of EU strategy for the Member States. The key parts of this thesis are parts number three and four which deal with the legislation regulating formation and termination of the employment relationship in the Czech Republic. In these parts, relevant legal instruments are first defined and then evaluated with respect to their flexibility and security. The third part defines the course of formation of the employment relationship, particularly on the basis...
|
|
|
Act on Personal Data Protection and Legal Relations
Bošková, Markéta ; Hejda, Jan (advisor) ; Zachová, Jitka (referee)
Personal data protection is a very today's topic, which affects every aspect of our public life. With the increasing amount of data one shares in connection to social relationships, there is also an increasing interference in one's private life. Therefore there is an increasing probability that these personal data can be misused. The aim of this essay is to point out the importance of this topic and to explain, how this issue is referred to from the legal point of view. Further and even more to this matter, it will show how the rule of law translates into everyday situations. Based on the factual life experiences, this assignment should serve as a basic guide of helpful advice and suggestions, which one should to a point observe.
|
guest ::
