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Severance pay
Svatošová, Leontina ; Matějka Řehořová, Lucie (advisor) ; Morávek, Jakub (referee)
Severance pay Abstract The submitted rigorous thesis explores in depth the legal institute of severance pay as a compensation provided to employees under the Labour Code in certain cases of termination of employment. Using the descriptive, analytical and comparative methods and with the help of rich literature and case law, the author provides not only a definition and description of the current labour law regulation of severance pay contained in the provisions of Section 67 (and others) of the Labour Code and its previous historical development after the Velvet Revolution, but also of the related institutes, which include, among others, the termination grounds related to severance pay, i.e. the grounds under Section 52(a) to (d) of the Labour Code, as well as the procedure for termination of employment in connection with the transfer of employment law rights and obligations under the provisions of Section 338 et seq. of the Labour Code. The author also compares the domestic regulation with legal systems relatively close to the Czech Republic, namely the Slovak and Hungarian legal systems. By focusing on the essential aspects of the regulation of severance pay in the respective countries (which the author considers to be, for the purposes of the relevant chapter, the amount of severance pay and the legal...
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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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Termination of the employment relationship by the employer
Mls, Tomáš ; Koldinská, Kristina (advisor) ; Fischerová, Iva (referee) ; Morávek, Jakub (referee)
Termination of the employment relationship by the employer Abstract The dissertation focuses on termination of employment relationship under Act No. 262/2006 Coll., Labour Code of the Czech Republic, namely termination by the employer. It therefore focuses on the notice of termination of the employment relationship, the immediate termination of the employment relationship, the cancellation of employment relationship during the probationary period and the closely related issue of invalidity of the above legal acts. The dissertation is divided into a general part and a special part. The general part (1-3) first gives an overview of the basic features of the applicable legislation on termination of employment relationship by the employer and considers its function (purpose), then offers a brief insight into the legislation regarding termination of the employment relationship by the employer in the Republic of Austria, the Federal Republic of Germany and the Slovak Republic and finally briefly summarizes the starting points of alternative approaches to termination of the employment relationship. The main focus of the dissertation is the special part (4-7), which focuses on the notice of termination, the immediate termination, the cancellation during the probationary period and the invalidity of the above legal...
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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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Putative and invalid termination of employment by the employee
Halalová, Veronika ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Putative and invalid termination of employment by the employee Abstract The aim of this diploma thesis was to provide the reader with a comprehensive explanation of the issue of putative and invalid termination of employment by the employee and to offer a suitable procedure for resolving such a situation, which the employer could use in these cases. For this purpose, this thesis was divided into four main chapters. The first of them is devoted to a brief definition of the relationship between the Labor Code and the Civil Code, its development in recent years, as well as the definition of the terms employment relationship, its termination and dismissal. Through this introduction to the issue, the exact scope of this thesis is defined, ie the putativeness and invalidity of juridical acts by which the employee unilaterally terminates the employment relationship, namely dismissal, immediate termination and termination of employment during the probationary period. The second chapter deals with juridical acts and their defects. First, the individual conceptual features and subsequently also the requisites of the juridical act are thoroughly analyzed, so that it is possible to deal in detail with individual cases of putativeness and invalidity of termination of employment, and then the concepts of putativeness and...
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Právní a ekonomické důsledky neplatně rozvázaného pracovního poměru ze strany zaměstnavatele
Tihonová, Monika
Tihonová, M. Legal and economic consequences of wrongfully terminated employment by the employer. Bachelor thesis. Brno: Mendel University, 2019. This bachelor thesis deals with the issue of termination of employment. It focuses on invalidly terminated employment by the employer and its consequences. The literature review gives an insight into the basics of the issue and the practical part demonstrates practical examples supported by the law cases of the Czech Republic.
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Legal status of managers when terminating employment
Kodeš, Jan ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
Legal status of managers when terminating employment This thesis deals with the topic of the legal status of a manager when terminating employment. The first chapter outlines the gradual evolution of a job position of an employee- manager in between the years 1918 to 2006 and shows conditions under which it was possible to terminate employment with an employee in a managerial position. The next chapter introduces the individual participants to the employment relationships that is an employee, manager and employer. The third chapter describes the two possible ways how to commence employment in case of a manager which is the appointment or the employment contract and defines all the requirements necessary to comply with so the employment is valid. The following chapter concentrates on the rights and obligations of ordinary employees and managers and the obligations of employers. Managers have the same rights and obligations as ordinary employees, but as they also have to fulfil the role of an intermediator between employer and ordinary employees, they enjoy additional rights and obligations. The fifth chapter focuses on the termination of employment of both managers and ordinary employees. The chapter illustrates in detail three ways how to terminate employment. Employment may be terminated by legal...
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Termination of an Employment Relationships on the basis of one-sided legal actions
Jindřich, Pavel ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
Termination of an Employment Relationships on the basis of one-sided legal actions Abstract This final thesis deals with the topic of termination of an Employment Relationships on the basis of one-sided legal actions. Its aim is to provide insight into the current legal regulation of labor law in the Czech Republic and to present a comprehensive overview of ways of termination of an Employment Relationships on the basis of one-sided legal actions using applicable legal regulations, legal literature and jurisprudence. This final thesis is based on the search of specialized literature and the jurisprudence of the Supreme Court of the Czech Republic, Supreme Administrative Court of the Czech Republic and Czech Constitutional Court. My final thesis in its first part explains terminology Employment Relationships, Employment Contract, Agreement to complete a job and Agreement to perform work. The main part analyses of applicable legal regulation of labor law and current jurisprudence in the field of termination of Employment Relationships on the basis of one- sided legal actions by Employer and by Employee, whose validity requires written form. The main part is dedicated to the termination by notice, immediate cancellation and cancellation of an Employment Contract during a probation period by both - by Employer...
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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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the termination of employment by the employer
Kratochvílová, Helena ; Soušková, Milena (advisor) ; Spirit, Michal (referee)
Bachelor thesis concerns the termination of employment by the employer. The first chapter generally characterized employment. A substantial part of the work consists of formal and content requirements of individual ways of termination of emplyment, ie termination of employment during the probationary period, immediate termination of employment and dismissal. In addition work has a separated chapter, which is devoted to the obligation of the employer after termination of employment. Theoretical considerations are interspersed with case law from the area. To compare the observance of the legislation in practice, I devote a chapter to personal experiences of different employers and mention the demands of an invalid termination. In conclusion, I evaluate the regulation of termination of employment at the base of my observations received from employers and presents proposals to improve legislation and recommendations to employers.
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