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Basic employment relations and their development tendencies
Štang, Michal ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee) ; Fischerová, Iva (referee)
Basic employment relations and their development tendencies Abstract The dissertation focuses on basic employment relations and tendencies in their development. First, attention is drawn to the conception of labour law and its position within the system of law. Second, basic employment relations are analysed, namely work performed under an employment contract, and work done under agreements other than an employment contract. Only such relations allow for what is called "dependent" work which is (a) subject to superiority of an employer and subordination of the employee, (b) done on behalf of an employer, (c) in compliance with an employer's instructions, and (d) the employee must do the work in person. Dependent work is the subject of individual employment relations. Legal regulation of employment relations is analyzed in the dissertation. A significant change was introduced by the Labour Code 2006. The main principle of the Code is that "everyone may do whatever is not prohibited by the Code, and no one may be forced to do what is not imposed by the Code" (or in other words "what is not prohibited is allowed"). Section 4 of the Labour Code expressly declares the principle of subsidiarity of the Civil Code in relation to the Labour Code, namely that employment relations are governed by the Labour Code;...
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Protective function of labour law in the case law orf Czech courts
Vopelka, Adam ; Pichrt, Jan (advisor) ; Tomšej, Jakub (referee)
The title of the thesis: Protective function of labour law in the case law of Czech courts Abstract: This thesis focuses on the protective function of labour law in the case law of Czech courts. The protective function of labour law is one of its essential functions and has a close relation to employee protection as the weaker party of employment relationships. Courts as public authorities and decisions-making bodies significantly affect the final form of the protective function, while providing protection to the rights of employees. Considering the fact that the protective function is immanent to labour law and the case law of Czech courts further develops, in my opinion, this thesis deals with a topical and evolving issue. The content of this thesis is divided into four chapters. The first chapter describes the meaning of protective function in labour law, its role as a fundamental principle of employment relationships, and legal consequences related to it. Its part is also the brief explanation of the concept of "flexicurity". The second, third and fourth chapter deal with three fields of labour law, in which the protective function is significantly reflected. These fields are remuneration, employee protection against dismissal and working conditions including OSH. In each of these chapters...
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Basic employment relations and their development tendencies
Štang, Michal ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee) ; Fischerová, Iva (referee)
Basic employment relations and their development tendencies Abstract The dissertation focuses on basic employment relations and tendencies in their development. First, attention is drawn to the conception of labour law and its position within the system of law. Second, basic employment relations are analysed, namely work performed under an employment contract, and work done under agreements other than an employment contract. Only such relations allow for what is called "dependent" work which is (a) subject to superiority of an employer and subordination of the employee, (b) done on behalf of an employer, (c) in compliance with an employer's instructions, and (d) the employee must do the work in person. Dependent work is the subject of individual employment relations. Legal regulation of employment relations is analyzed in the dissertation. A significant change was introduced by the Labour Code 2006. The main principle of the Code is that "everyone may do whatever is not prohibited by the Code, and no one may be forced to do what is not imposed by the Code" (or in other words "what is not prohibited is allowed"). Section 4 of the Labour Code expressly declares the principle of subsidiarity of the Civil Code in relation to the Labour Code, namely that employment relations are governed by the Labour Code;...
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