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Claims arising from invalid employment termination
Šulc, Radim ; Tomšej, Jakub (advisor) ; Lang, Roman (referee)
Claims arising from invalid employment termination Abstract in English language The goal of this Master thesis is to discuss and analyse the law and case law surrounding invalid employment termination and claims arising from such disputes. An unseparable part of this issue is the distinction whether such an action taken by a party is valid, invalid, or putative. In the introducion i describe the goals and themes of this Master thesis in more detail. In the first chapter I describe employment itself, it's features and it's importance in the context of Labour Code. I also discuss the difference between it and other types of labour contracts, and I try to find an answer to why there is such a few cases of parties pursuing legal action in response in invalid termination of these contracts. The second chapter contains the ways employment can be lawfully terminated, where I focus primarily on unilateral termination. I describe the relatively uncomplicated mutually agreed employment termination, dismissal both from the employer's end and the employee's end, including all legal grounds for dismissal. Then I briefly describe severance pay, an important claim of the employee. The next subchapter deals with immediate termination of employment, within the duration of probatory period or not, with emphasis on the...
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Claims arising from invalid termination of employment
Holubová, Veronika ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
Claims arising from invalid termination of employment Abstract The aim of this Master thesis is to analyse legislation concerning the invalid employment termination, to distinguish the invalid employment termination from putative employment termination established by Act No. 89/2012 Coll., Civil Code, as amended, and especially to summarize the legislation and case law concerning claims arising from invalid employment termination. The introductory chapter contains the aims of this thesis and represents the reasons why I think this topic is still relevant. Chapter two explains the employment briefly. Chapter three provides the brief introduction to employment termination and individual subchapters present the essentials of individual types of employment termination. Chapter four analyses invalid employment termination, and relation between the Civil Code and Labour Code and defines conditions necessary to qualify the employment termination as the act. Subchapter two analyses putative employment termination and its results in employment termination field. Subchapter three concerns the invalid employment termination, distinguishes between the void termination and voidable termination and represents its grounds. Chapter five summarizes selected aspects of court proceeding. Particular subchapters therefore...
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