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Notice of termination of employment served by employer for employee's health reasons
Svatošová, Leontina ; Matějka Řehořová, Lucie (advisor) ; Morávek, Jakub (referee)
Notice of termination of employment served by employer for employee's health reasons Abstract The thesis deals with the topic of termination for health reasons, i.e., termination based on the causes contained in Section 52 (d) and (e) of the Czech Labour Code. The author's aim is not only to provide a comprehensive examination of the topic itself but also to provide an overview of the most important challenges associated with the termination grounds in question. This purpose is achieved in particular through a thorough analysis and comparison of the rich case law, which is absolutely crucial to the chosen topic and the rapid development of which has been subject to much critical reflection. The secondary aim is to outline possible solutions according to the designed law, both on the basis of professional literature cited in the thesis as well as the author's own conclusions. These suggestions are presented in a comprehensive way, especially in the final chapter of the thesis, but partial ideas can also be found throughout the whole work. Due to the key position of the medical statement in relation to the examined grounds for termination, the thesis also pays sufficient attention to this legal institute and its development over the years with regard to relevant decisions of higher courts. To illustrate the...
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Notice of employment
Homolková, Simona ; Pichrt, Jan (advisor) ; Bělina, Miroslav (referee)
The Notice of Employment The main reason I have chosen this topic for my diploma thesis is that we have to deal with questions of labour law in our everyday lives. Generally speaking it is a common issue and I believe that it is therefore very important to understand it correctly. The notice of employment can bring serious economic and social consequences into the life of every employee and at the same time have an impact on his family members. On the other hand the employers should be able to terminate employment with such employees who are irresponsible or incompetent. Hence, the aim of this thesis is to analyse the regulation of the notice of termination of employment in the legal order of the Czech Republic, explain the essential principles of this regulation and point out various options of its interpretation. The paper is divided into seven chapters. First, there is a general outline of the examinated issue followed by chapters dealing with the historical evolution of legal regulation and the European Communities` regulation of the notice of employment. Further passages are in regards to a closer analysis of the notice of employment in general, notice given by the employee, notice given by the employer and their legal reasons. Relevant judicial decisions were also incorporated in each of...
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Notice of termination of employment
Šmídová, Klára ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
This diploma thesis deals with the topic of the notice of termination of employment in the Czech labour law. The thesis sets out multiple primary goals. The first goal is to introduce the reader to the context of the legal framework of the notice of termination of employment, including an analysis of selected case law relevant to the topic. The second goal is to provide a comparative outline via the exploration of Belgian labour law and its legal regulation of the notice of termination of employment. Thirdly, the author reflects the findings gathered throughout the thesis and offers some amendments de lege ferenda. The diploma thesis is divided into eleven parts. The first three parts relate to the general description of the matter - the first is devoted to the labour law in the context of the legal system of the Czech Republic, the second is devoted to specific characteristics of an employment relationship and its subject and object. The third part discusses the termination of employment in general and it also takes into account the strategy of flexicurity. The fourth part aims at enlightening the effect of the international law and the law of the European Union on the legal regulation of the notice of termination of employment. The fifth part is devoted to the notice of termination of employment...
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Notice of termination of employment relationship
Štosek, Milan ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
v anglickém jazyce Notice of termination of employment relationship The aim of this thesis is to provide a summary of the legal regulation of notice of employment relationship in the Czech Republic. Notice of employment relationship has a huge impact on both employees and employer and therefore important attention should be paid to it. This thesis not only deals with a summary of the Czech current legal regulation of notice of employment relationship de lege lata but also pays attention to potential problems connected with it and gives some proposals de lege ferenda. Furthermore the final part is dedicated to a short legal overview of the foreign legal regulations of termination of employment relationship in two European countries - the Slovakia Republic and the Spanish Kingdom. The thesis is composed of 13 chapters. The first chapter is dedicated to the most important international and European documents dealing with termination of employment relationship. The second chapter deals with a term of employment relationship, gives its explanation and briefly describes all types of termination of employment relationship as well. The main matter of this thesis is discussed in the third and following chapters. The third chapter is dedicated to notice of employment relationship in general and its...
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The notice of termination
Škopek, Petr ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The purpose of the thesis is to provide a summary of the legal regulation and to point out legal problems connected with the Notice of termination in the Czech Republic. The thesis is composed of eleven chapters, the introduction and the conclusion. Chapter One is introductory and defines concept and position of Labour law in the system of law in the Czech Republic and function of Labour law. Chapter Two examines, in general relation, between Civil law and Labour law. In chapter Three, author tries to explain legal regulation of legal acts. The chapter consists of two parts. Part one focuses on legal regulation of legal acts in the Civil Code and Part two focuses on legal regulation of legal acts in the Labour Code. Chapter Four describes basic principles of Labour law. In chapter Five is short excursion to the history of labour legislation in our territory. This chapter is divided into three subchapters according to some important historical events of our labour legislation. Chapter Six concentrates on domestic source of law in the area of notice of termination. This chapter is divided into three parts. First part is about constitutional acts, second part is about statutes and third part is about case law in the Czech Republic. In chapter Seven are described international source of law in the area...
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Notice od termination of employment
Zvonař, Adam ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
Notice od termination of employment Abstract The aim of the diploma thesis is to analyze the valid legal regulation of the institute of termination of employment. The thesis further defines other reasons leading to termination of employment in general and other institutes, which are inextricably linked with the termination of the employment relationship. The second goal is to think about a possible amendment to the existing legislation, which has brought more flexible elements to the issue of termination. The work is based on professional literature, court decisions of the Supreme Court of the Czech Republic and legal regulations, and the most important standard - the Labor Code. The diploma thesis is divided into six chapters. The first chapter deals with labor law in its general conception in the system of law and its relationship to civil law, where it deals in more detail with the principle of delegation and subsidiarity. The second chapter generally deals with all the ways in which the employment of termination of the institute can be terminated, which is discussed in more detail in the next chapter. The third chapter is crucial, as it comprehensively examines the institute of termination of employment. It includes subchapters that deal with other institutes that are inextricably linked to the...
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Notice of termination of employment
Horvát, Martin ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
102 Notice of termination of employment Abstract The aim of this thesis is to present an integrated view of a current regulation of notice of termination of employment and to use the knowledge acquired for considerations and suggestions de lege ferenda. The thesis is divided into nine chapters covering a theoretical classification of labour law within the legal system, evolution of labour law, international context of labour law and the core of the thesis concerning the current regulation of notice of termination of employment. The final part of the thesis is concerning with considerations de lege ferenda, aiming to present possible legislative amendments able to enhance the current regulation. The proposed amendments are confronted with the principle of flexicurity. The key regulation in relation to notice of termination of employment is labour code. Relevant provisions of labour code are thoroughly analyzed in the thesis. However, the thesis also refers to other regulations which are important in connection with the thesis' subject. In certain passages, there is a comparison of the effective regulation with labour code of 1965 and Slovak labour code. Concerning the sources, the thesis is primarily based on literature complemented by relevant case-law. Within the case-law, the author is focused on the...
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Notice of termination of employment relationship
Štosek, Milan ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
v anglickém jazyce Notice of termination of employment relationship The aim of this thesis is to provide a summary of the legal regulation of notice of employment relationship in the Czech Republic. Notice of employment relationship has a huge impact on both employees and employer and therefore important attention should be paid to it. This thesis not only deals with a summary of the Czech current legal regulation of notice of employment relationship de lege lata but also pays attention to potential problems connected with it and gives some proposals de lege ferenda. Furthermore the final part is dedicated to a short legal overview of the foreign legal regulations of termination of employment relationship in two European countries - the Slovakia Republic and the Spanish Kingdom. The thesis is composed of 13 chapters. The first chapter is dedicated to the most important international and European documents dealing with termination of employment relationship. The second chapter deals with a term of employment relationship, gives its explanation and briefly describes all types of termination of employment relationship as well. The main matter of this thesis is discussed in the third and following chapters. The third chapter is dedicated to notice of employment relationship in general and its...
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Notice of termination of employment
Šmídová, Klára ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
This diploma thesis deals with the topic of the notice of termination of employment in the Czech labour law. The thesis sets out multiple primary goals. The first goal is to introduce the reader to the context of the legal framework of the notice of termination of employment, including an analysis of selected case law relevant to the topic. The second goal is to provide a comparative outline via the exploration of Belgian labour law and its legal regulation of the notice of termination of employment. Thirdly, the author reflects the findings gathered throughout the thesis and offers some amendments de lege ferenda. The diploma thesis is divided into eleven parts. The first three parts relate to the general description of the matter - the first is devoted to the labour law in the context of the legal system of the Czech Republic, the second is devoted to specific characteristics of an employment relationship and its subject and object. The third part discusses the termination of employment in general and it also takes into account the strategy of flexicurity. The fourth part aims at enlightening the effect of the international law and the law of the European Union on the legal regulation of the notice of termination of employment. The fifth part is devoted to the notice of termination of employment...
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Notice of termination of employment after restatement of private law
Skovajsa, Marián ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
Notice of termination of employment relationship after private law recodification Main theme of my thesis is notice of termination of employment relationship after private law recodification. I have chosen this topic, because every labour relationship termination and especially notice of termination, can have essential influence to every single person in productive age and even to his family. Law provides protection to both employers and employees, but to employees, as a weaker contracting party, is protection provided in wider range. I have divided my thesis into seven chapters, many of them are divided further. The first chapter is about labour law in general. The second chapter describes relationship between labour and civil law, from the Labour Code from 1965 to present time and also the principle of delgation and its change by Constitutional Court of the Czech republic fading into the principle of subsidiarity. In the third chapter I have stated the most important international documents, which are regulating notice of termination of employment relationship. Fourth part of my thesis describes employment relationship in general, ways of its termination and legal facts, which are leading to the termination of employment relationship in general. Key chapter is chapter number five, in which I am...
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