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The topic of the thesis is agency employment. Due to its flexibility and the current situation on the Czech labour market struggling with a labour shortage, agency employment is a frequently used and necessary part of the Czech legal system. In the Czech legal regulation of agency employment, however, we find a number of problematic areas, as a result of which, among other things, the rights of employees temporarily assigned by employment agencies may be jeopardized and insufficiently ensured, or, on the contrary, entrepreneurs operating employment agencies may be unnecessarily burdened. The main goal of this diploma thesis is to describe the problematic aspects of the Czech legislation in the field of agency employment with an emphasis on the legal regulation of the establishment and operation of employment agencies and selected frequently violated or problematic obligations in the field of agency employment relations, in relevant cases to compare these problematic aspects with foreign legal systems and propose a possible corresponding amendments to the Czech legislation. The diploma thesis is divided into six main chapters, which are further divided into individual subsections. The first chapter deals with the general characteristics of agency employment and further briefly describes the subjects...

Alternative resolution of labour disputes Abstract This thesis discusses the issue of alternative dispute resolution methods in terms of suitability of their use in the context of individual labour disputes. Alternative dispute resolution methods typically represent a fast, informal, and less costly alternative to court litigation. In the field of individual labour law, they are expected to help maintain the employment relationships between employers and employees, which are characterized by their longevity. The thesis provides a structured analysis of the applicability of alternative dispute resolution methods to disputes arising from individual employment relationships. Subsequently, the thesis focuses in more detail on mediation, which is regulated in act No. 202/2012 Coll., on mediation. The existing Czech legal framework is critically analysed and compared with foreign legislation and practice. Based on the findings acquired through legal and comparative analysis, new legislative measures and non-legislative tools are proposed. These include in particular proposals for the improvement of the expertise of registered mediators and its guarantees, for the extension of the legal duty of confidentiality, for adoption of new motivational and informational tools, and for the implementation of non-legislative...

Foreigners in the labor market in the Czech Republic Abstract The rigorous thesis deals with the position of foreigners on the labor market in the Czech Republic. At the beginning, the basic terms related to the topic of the thesis are defined and legal regulations governing the employment of foreigners in the Czech Republic, namely national, international and European, are analyzed. The third chapter is a key chapter, which is devoted to the legal regulation of individual types of residence permits in the Czech Republic, which are issued to foreign nationals, and the related issue of access of these foreign nationals to the labor market of the Czech Republic. In the next chapters, the author of thesis deals with interesting or problematic areas and institutes from her point of view. Chapter four is devoted to government- approved programs in the field of employment of foreigners, which have become an integral part of my law practice in the law firm due to the Covid-19 pandemic. Furthermore, in this thesis the author deals with the differences and similarities between card of an internally transferred employee and posting of foreign workers in the Czech Republic. From the point of view of the topic of the thesis, it is important to pay attention to the institute of notification of a change of employer or a...

Mediation and its use in labor disputes Abstract This diploma thesis deals with the topic of mediation, which is one of the alternative ways of resolving disputes. Mediation is currently a very current issue, as it has been incorporated into the Czech legal system relatively recently and also because of its great potential due to the benefits it brings primarily to litigants. Such benefits include, for example, the voluntary nature of the whole process, non-publicity of the mediation or the placing of responsibility in the hands of the disputing parties themselves. The thesis in the first chapter defines the concept of mediation, introduces the history of mediation, current legislation at the European level and within the Czech legal system, further deals with conflict theory, the mediator, his education, techniques, participants in mediation and mediation directions. The second chapter focuses on labor law and the relationships arising within labor law. It also explains what types of labor law disputes may arise and does not omit the ways in which such disputes can be resolved. It then focuses in more detail on the benefits of using mediation in labor disputes. The third part, so-called practical part, consists of information that was obtained through research on the use of the mediation in the Czech...

The topic of this rigorous thesis is comparison of social security systems for disabled people in the United Kingdom and the Czech Republic. The purpose was to analyse systems of both countries, compare them and evaluate quality of their setting with regard to effect that the help provided through these systems has on lives of disabled people. The thesis is divided into four chapters. The first chapter is focusing on social security system in a broader context, including a brief historical overview of the development of these systems in the United Kingdom and the Czech Republic. The second chapter is describing the social security system for disabled people in the United Kingdom. This chapter defines not only individual benefits provided by the government, but also other forms of help that are provided in the UK. The individual benefits that are described within this chapter are Personal Independence Payment, Disability Living Allowance, Attendance Allowance and Carer's Allowance. Furthermore this chapter also includes description of assitance provided for disabled people by the relevant authorities and a brief description of the issue of the parking badge provided for disabled people to help them with their mobility. The third chapter is dealing with the social security system for disabled people...

Transfer of rights and obligations from employment relationships Abstract This thesis examines the legal area of the transfer of rights and obligations arising from employment relationships, which has, in some aspects, been significantly amended with effect from 30 July 2020. The main objective of the thesis is to provide an analysis of the legislation on the transfer of rights and obligations from employment relationships in force until the end of July 2020, including the identification of any shortcomings of this legislation. Subsequently, the thesis assesses whether the adopted amendment (Act No. 285/2020 Coll., amending Act No. 262/2006 Coll., the Labour Code, as amended, and certain other related acts) deals with these problematic areas appropriately and sufficiently. In this analysis, particular emphasis is placed on achieving the asserted purpose of the legal regulation and balancing the interests of the concerned parties. After a historical outline and definition of the purpose of the legislation, the thesis concentrates on the identification of the transfer of rights and obligations arising from employment relationships in the national legislation of the Czech Republic, specifically the legal grounds of the transfer under Section 338 Subsections 2 and 3 of the Labour Code before and after the...

In his thesis, the author deals with the transfer of rights and obligations arising from employment relationships. In the Czech law, the regulation of transfer of rights and obligations is governed in substantial part by the Act No. 262/2006 Coll., the Labour Code, as amended, and in other statutes. The Czech legislation is based on harmonised regulation in the law of the European Union, which is provided for in 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. In his thesis, the author examines the current regulation in the Czech law and the decision- making practice of the Czech courts and compares it with the decision-making practice of the Court of Justice of the European Union. The author also deals with the amendment of transfer of rights and obligations implemented by the Act No. 285/2020 Coll., amending the Act No. 262/2006 Coll., the Labour Code, as amended, and several other related acts, and compares the applicable law with the preceding. The thesis also deals with the history of regulation of transfer of rights and obligations in the Czech Republic, then it deals with the general definition...

1 Abstract Legal regulation of employment termination The rigorous thesis focuses on the legal regulation of employment termination. The author set himself the goal to prepare a comprehensive analysis of the legislation in question, to draw attention to application problems and, in the end, to evaluate it in terms of de lege lata and de lege ferenda. The thesis is divided into 10 separate chapters, most of which are further divided internally. The introductory part is followed by a chapter on the sources of labour law. The next chapter describes labour law facts, including defects in labour law practices. The third chapter deals with the employment relationship, subjects, objects and briefly also with the creation of an employment relationship on the basis of an employment contract and appointment. In the fourth chapter, the author generally deals with the termination of employment. In accordance with the labour law theory, the author divided the following key chapters into termination of employment on the basis of legal conduct, further into termination of employment on the basis of a legal event, and finally into termination of employment in special cases. Within the most comprehensive chapter on the termination of employment on the basis of legal conduct, all methods of employment termination listed in...

1 Compensation of Pecuniary and Non-pecuniary Damage Caused by Occupational Injury or Occupational Disease Abstract The thesis deals with the topic of compensation of pecuniary and non-pecuniary damage caused by occupational injury or occupational disease whereas its main sources comprise of Czech and foreign literature and mainly of vast range of court decisions. The introduction researches the topic of concept of damage compensation as a part of tort law, both from the general private law and specific labour law perspective. Further, the dissertation explores the historical development of the legal rules concerning compensation of damage caused by occupational injury or occupational disease focusing on the most significant legal regulations valid on the territory of the Czech Republic. The brief summary concerning subjects of the relevant liability closes the introduction part of the thesis. The merits of the dissertation cover detailed research of assumptions of the liability of employer for damage caused by occupational injury or occupational disease, i.e. detailed research of the terms "damage" (pecuniary and non-pecuniary), "occupational injury", "occupational disease" and "causation" between damage and occupational injury or occupational disease. Although fault does not belong to the assumptions of...

JUDr. Ing. Miloslav Kaše, CSc., Selected Aspects of Pension Reform in the Czech Re- public, Doctoral Thesis, Charles University, Faculty of Law, Department of Labor Law and Social Security Law, Prague, 2020. Number of pages of doctoral thesis is 205. The dissertation topic evolves around certain selected aspects of the pension reform in the Czech Republic, which is the most discussed in the preparation phase of the Czech pension system reform. The chosen topic acknowledges the current problems of the Czech pension system, consisting mainly of the unfavorable development of demographic struc- ture and population aging, which is characterized by a large and irregular number of peaks and troughs on the demographic chart of the Czech Republic, connected to historical events and migration. The thesis focuses on the issue of developing and determining the retirement age and insurance coverage required for entitlement to pension and analyzes the pitfalls of increas- ing the retirement age and the length of insurance coverage required to qualify for a retirement pension. At the same time, it considers the possibilities of establishing an ad- justable retirement age range and flexibility of the whole pension system. The possibility of active economic earning vitality of pensioners is closely related to the...

This diploma thesis focuses on atypical forms of employment, which have recently been frequently discussed also in the Czech Republic. Popularity of atypical forms of employment is increasing, because employees want better balance between family and work life. Thesis presents various trends in employment such as flexibility, which is described regarding the European Union policy and labour law principles. It also includes a historical excursion into the emergence and functioning of the phenomenon of flexicurity and explains the concept of work-life balance in terms of its use within the Czech Republic. The core part of the diploma thesis revolves around two atypical forms of employment: employee sharing and job sharing. It explains their functioning, maps their occurrence in the Czech Republic and appreciates their advantages and disadvantages. Also portrays how employee sharing is regulated and works in the Federal Republic of Germany along with usage and legal means of job sharing in the United Kingdom. Diploma thesis is concluded by suggestions for legal regulation and application of employee sharing and job sharing in the Czech Republic based on the evaluation with the German and British regulations. Keywords atypical forms of employment, job sharing, employee sharing, flexicurity, work-life...

The principle of equal treatment and non-discrimination in labor relations Abstract This dissertation focuses on the analysis of the legal regulation of the Czech Republic containing the principle of equal treatment of employees and the prohibition of their discrimination in labor relations. The other objective is to compare the legal regulations of other European Union Member States and to apply the principle of equal treatment and non- discrimination in practice, including the abundant case law of The Court of Justice of the European Union, the European Court of Human Rights and the less case law of the Czech courts. The content of this dissertation above all is an introduction of the principle of equal treatment and non- discrimination, differentiation of material and formal equality including specification of individual discriminatory reasons and an introduction of the most important legal sources in the international legislation, standards of the European anti-discriminatory law and domestic legal adjustment. Another part describes the rules of equal treatment and the ban of discrimination applied in real life in the area of remuneration in terms of rewarding somebody the same amount for the work of same value, and a possibility of achieving a functional or other types of promotion without...

The aim of this rigorous thesis was to analyze the legal regulation of flexible forms of performance of work in the Czech Republic, through which it is possible to achieve harmony between personal and working life of employees. Therefore, the institutes of flexible forms of performance of work that employees use to harmonize their personal activities and work, are described in the thesis together with their advantages and disadvantages, their legal regulation including potential insufficiency of their current legal regulation and proposals for modification of such regulation and further, there are some recommendations for their contractual arrangements. There is a general description of flexibility of performance of work in the first chapter of the thesis, including its division, connected directory and imperative character of the labor law and approaches of the European Union and the Czech Republic. In the second chapter, there is explained how the working hours and their scheduling work because that is a key topic for the other chapters of the thesis. Following chapters are dedicated to the institutes of the flexible forms of the performance of work, concretely to the uneven distribution of working hours, reduced working hours, part time, flexible working time pattern, job sharing, working time...

This diploma thesis with its subject on Comparison of legal regulation of the annual leave in the Czech Republic and other member states of the EU with respect to current judgements of the European Court of Justice offers a comparative view of legal regulations of the institute of annual leave in chosen member states of the European union and its comparison with the legal regulation of the institute of annual leave in the Czech Republic. In the first chapter this diploma thesis talks about the history and legal roots of legal regulation of annual leave in the Czech Republic with regards to legal regulation of annual leave in the legal documents of the European union. Furthermore, the first chapter of this diploma thesis provides a view of the current legal regulation of annual leave in the Czech Republic and describes individual types of the annual leave in the Czech Republic. The second chapter of this diploma thesis contains the main comparison between the legal regulations of annual leave of chosen member states and the legal regulations of annual leave of the Czech Republic. This diploma thesis seeks the similar and the different elements in the legal regulations of annual leave of the chosen member states of the European union and the legal regulation of annual leave of the Czech Republic....

Harmonization of the professional and personal lives of employees Abstract The content of this thesis is the harmonization of professional and family life from a legal perspective. Especially with regard to the family life of the individual. This is a topic that both women and men related to. This is a current issue, as it resonates with the whole society and influences its development and growth. Appropriate balance of these two areas can lead to a happier life of the individual, higher work performance and an increase in birth rates. The aim was to comprehensively and structurally compile the area of harmonization of professional and personal life, to point out possible problems or discrepancies in legislation in this area. This is done by describing the legal regulation of individual institutes and by providing proposals de lege ferenda. I proceeded from the basic hypothesis that this is an area where gender inequality is still visible and that the process of development in this area is still not complete. The work is divided into five chapters. The first chapter deals with the basic legal regulations governing the harmonization of personal and professional life from an international and national perspective. The second chapter is devoted to the basic institutes of this area, their definition, their pros...

The principle of equal treatment and prohibition of discrimination in labour relations Abstract The principle of equal treatment and prohibition of discrimination is considered as one of the most important principles of labor law. The aim of this thesis is to give a comprehensive informational overview on this topic and showcase its projection into legal documents and decision-making practice. The text itself is divided into six chapters, which precede the introduction and conclude the conclusion. The first chapter deals with the key terms such as equality, equal treatment, discrimination and other related concepts. It also contains classification of these terms and their definition. The second chapter focuses on the projection of the equal treatment and non- discrimination principles at the international level. The basis of international organizations such as the United Nations, the International Labor Organization and the Council of Europe are the examined subjects. Detailed descriptions of the various international documents dealing with this matter are discussed further in this chapter as well. The third chapter specifies the regulation at European level, with a comprehensive list of the most important documents of European law, both primary and secondary. The main Treaty on the Functioning of the...

Compensation of damage to property and intangible damage resulting from a work injury or occupational disease Abstract The thesis discusses compensation of damage to property and of intangible damage that has resulted from a work injury or an occupational disease. This is an important legal institute regulated primarily by Act No. 262/2006 Coll., the Labour Code, as amended, further referred to as the "Labour Code, however also by a range of other laws further elaborating the matter. When discussing the matter, it is impossible not to also discuss the regulation of Act No. 89/2012 Coll., the Civil Code, as amended, further referred to as the "Civil Code", since the Civil Code applies in the cases that are not expressly addressed in the Labour Code and since it is valuable to compare the rights of the damaged person under the general civil law and the labour law. The analysis of the laws is supplemented by selected case law, namely produced by the Supreme Court and the Supreme Administrative Court of the Czech Republic, in particular such case law that provides answers to certain questions of interpretation. The thesis not only discusses the obligations of the employer in the event the employee injures himself during work or contracts a disease during work and the related rights of the employee but also...

Work Life Balance in Czech and European Union law Abstract Work-life balance is an important political and legal instrument with a significant impact on the employment rate, birth rate, work productivity and other key indicators. This thesis deals with the concept of work-life balance in the legal framework of the Czech Republic as well as the European Union, focusing on workers with care responsibilities. The aim of the thesis is to analyze legal instruments in favour of work-life balance, identify their shortcomings, consider possible ways of overcoming such limitations and assess the EU legal framework's impact on the national legal framework. Work-life balance is closely linked to the concept of equal treatment between women and men. For this reason, the thesis focuses on legal instruments that are gender-neutral or that can contribute to overcoming the traditional perception of women as primary carers. The examined legal instruments were also selected based on their relevance in terms of ongoing discussions on both national and EU level. The first part of the thesis should facilitate the reader's understanding of the EU work-life balance legal framework by exploring the origin and development of the concept, legislative and non-legislative instruments and case law of the Court of Justice of the EU. The...

1 Duties of the employee resulting from employment relationship Abstract This thesis focuses on duties of the employee resulting from employment relationship according to Labour Code. Duties of the employee were included already in general Austrian civil code, but in very limited range. Act No. 65/1965 Coll., the Labour Code, followed general Austrian civil code and provided more complex and wide portfolio of duties. Many of them can be found in the current law. In the present the duties of the employee resulting from employment relationship are regulated by the Act No. 262/2006 Coll. the Labour Code. According to current Labour Code it is possible to distinguish between basic duties and other duties of the employee such as duty to respect working hours, duties tied to work health and safety, duties tied to long- term inability to work, duty to deepen qualification, duty to duly use employer's means, prevention duty, duty to abstain from profitable and competitive activities, duty to inform about obstacle in work on the employee's side and duties of the senior employees. Some groups of the employees working in public sphere have increased duties. The sources of duties are except Labour Code other laws. As example of duties resulting from other laws are described duties of the civil servants of regional and...

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;...

Selected Legal Aspects of Personality Assessment in the Recruitment Process Martina Černá This thesis deals with some essential legal aspects of personality assessment (also called "personality testing") in the recruitment process, focusing on the cases when personality testing (or any other form of psychodiagnostics) is not specifically regulated by a respective profession-specific law. This is of particular importance as the personality tests are capable to reveal private and often sensitive data about the job applicant, while their use is only regulated by the most general provisions of the applicable law. While personality assessment has been part of the recruitment process in many companies, there is no standard practice setting out when and to what extent its use is necessary or useful. As a result, the employers are left to rely only on their own judgment, which does not always appear to be sound. Some experts in psychology warn against inappropriate use of psychodiagnostics methods (not only) in recruitment and human resources advisory, pointing out that there's not enough regulation to protect psychodiagnostics against misuse. In order to seek potential answers to this issue, I addressed a broader legal context of personality testing and analysed the existing relevant law to assess to what...

In her PhD thesis, the author deals with the legal regulation of the international element in labour relations which is supplemented by the dimension of the regulation of the social security and the protection of personal data in order to create a complex view of the examined issue. The international element within the respective legal branches is regulated at the EU level by a different methodology approach - harmonization (labour law), coordination (social security law) and unification (protection of personal data). The fundamental role in the regulation of the international element in labour relations is played by EU legislation, especially the Regulations Rome I, Rome II and Brussels I (bis), which is complemented by the legal regulation of the international element in labour law relations within the Czech law system. The international element in social security law is governed by Coordination Regulations Nos. 883/2004 and 957/2009, the Czech legislation does not contain, in this respect, its own legal regulation of an international element and refers to the EU regulation. In the area of personal data protection, the harmonization legislation of Directive No. 95/46/EC and Czech Act No. 101/2000 Coll., on Data Protection, will be replaced as of 25.05.2018 by the GDPR Regulation. The EU...

The thesis aims to present to its reader all social law instruments currently available in the Czech legal system, serving to adjust the employment relationship individually, particularly working conditions. The intention here is to introduce the widest possible spectrum of flexible opportunities of work and to inspire employers and employees to negotiate working conditions most favourable for them. This step should change the labour market in a way that the knowledge of flexible instruments leads to the expected growth of potential employees, and consequently to greater economic prosperity of employers. The basis of the whole proposed adjustment lies in the idea of satisfied employees who are more efficient and capable of maintaining their position on the labour market for the longest possible period of their working life solely because of appropriate individual arrangements. Let us assume that an employee who gains more freedom due to flexible conditions, leading in turn to a reconciliation of his/her work and personal life, will be more satisfied, stable and less stressed at work then another employee who has to choose between these two essential parts of his/her life and give preference to one of them on a day-to-day basis. Cases like the latter end up in burnout, as well as in physical and...

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...

This thesis titled "The Relevance of Medical Opinion at the Commencement and Termination of Employment" deals with the need and use of medical opinions in employment relations issues. The introductory chapter briefly describes the employer's duty to take care of his employees' health as it is a part of Occupational Health and Safety rules. The following part is dedicated to the general legislation on company health care services, mainly to the Specific Health care Services Act (373/2011 Sb.). The chapters describe the system of relations between the employer and the company health care services provider which is a business relation. Then the author describes company medical examinations, specifically entrance and extraordinary medical examinations. Also formal requirements of medical opinions and their issue terms can be found it this part. The final chapter of the first part is dedicated to the possibility of medical opinions to be reviewed at administrative procedure or others; important case law is presented. The second part of the thesis is dedicated to medical opinions at commencement of employment and their relevance. The opening chapter of this second part deals with the legal situation as it was effective until October 31st , 2017 when the law required to undergo the entrance medical...

Equal treatment and prohibition of discrimination in employment relations and social security systems in Czech and European law Abstract The dissertation deals with equal treatment and prohibition of discrimination in employment relations and social security systems in Czech and European law. In the introductory section the historical context of anchoring the principle of equality into the legal regulation is outlined. The attention is paid on one hand to the social changes in the first half of the 20th century, which led to the protection of equality in Europe, and on the other to the legislative initiatives and the role of justice in the second half of the 20th century. The second part explains the concepts of equality, discrimination, employment relations and social security systems, which are the central motifs of the dissertation. It analyses how these concepts were viewed in the past, how they evolved, and in what forms and manifestations we can come across them today. The third part introduces the Czech and European legislation, which constitute the current Anti-Discrimination law. Emphasis is placed on the assessment of the Czech Anti- Discrimination Act with regard to its almost ten years of effectiveness in the Czech legal order. The author concludes that despite the facts that the protection...

5 Abstract Legal regulation of healthcare in the Czech Republic The subject matter of this thesis is legal analysis of provision of healthcare in the Czech Republic and outline of basic problems of provision of healthcare, including proposals for their possible solution and comparison with Supreme Court and Constitutional Court jurisprudence. The thesis deals not only with the specific legal regulations in which the provision of healthcare is regulated, but also with the interpretation of their content, as well as with the legal relations between the entities involved in the provision of healthcare. In addition, the thesis discusses the introduction of the electronization of healthcare, which has the potential to improve the healthcare system in the Czech Republic and make the provided healthcare better, cheaper and more accessible. The thesis is divided into five chapters, which are further subdivided into subchapters. The first chapter is about the basic sources of legal regulation of healthcare at international, European and national level. The second chapter deals with the methods of financing the provided healthcare with a particular emphasis on the public health insurance system in the Czech Republic. Subsequently, chapter three deals more closely with healthcare itself and with the interpretation of...

v anglickém jazyce The dissertation thesis deals with a very substantial and permanent part of the labour law's field and labour law-related and the other connected relationships, i.e. the issue of the work accidents and occupational diseases, mainly from the perspective of that arised reponsability's relationship, resp. the employer's obligations to damages' compensation in relation to employee and his individual rights (claims) to the damages' compensation due to the incurred accidents in the form of a work accident or occupational disease. The author's impetus to the choise of the working accidents and occupational diseases' topic (resp. the employer's responsability for damages caused to emploees due to working accidents and occupational diseases) for the purposes of the dissertation thesis is owed to (permanently) a very substantial importance of the issue in the terms of labour law-related relationships and generally and essentially society-wide relationships, even if in despite of a very substantial importance of the issue the expert's litterature to the issue of the working accidents and occupational diseases is not to be considered as sufficient. The purpose of the dissertation thesis to analyse and evaluate the actual state of the legal regulation regarding the working accidents and...

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...

1 ABSTRACT The current European family is based on the ideal of gender equality and considers the interest of the child to be fundamental. The European Union strategy is to involve as many women as possible in the labour market and encourages national governments to adopt measures to enable women to reconcile their work and care for children. Developed countries also promote both parents being equally involved in the care of children, including preschool children. Czech legislation conforms to European standards and creates the preconditions for reconciling family and work life. In practice, the conservative attitude of both parents and employers persists. The mother usually stays at home with a child under the age of three and employers are not very accommodating to flexible forms of work that enable mothers of young children to get involved in the work process. The way to change the situation is to increase corporate social responsibility and family friendliness and to change the attitudes of parents themselves, increasing the involvement of fathers in care of children in particular. Solutions to the protection and support of pregnancy, maternity and parenthood, as well as the protection of the child in the Czech Republic can be considered as above-standard and comparable to the situation in the most...

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...

Thesis title: The responsibility of an employee for damage The subject of the thesis is the responsibility of an employee for damage. The thesis offers in the first place a comprehensive summary of the current legislation of the topic. The main purpose of the thesis is to summarize the legislation of the labor- law and of the employee`s responsibility for any damage done to the employer where for this purpose there are analyzed particular sorts of the responsibility distinguished by the Labor Code. In details there are described first of all specific conditions that must be fulfilled to claim the responsibility on the employee for the damage, the possibility of the employee to disclaim it is not neglected either. The thesis focuses on the main differences that distinguish the particular sorts of the responsibility from each other. An attention is given to the links between labor law and other legal codes, especially the civil one where the connection is the closest whereas the understanding of this mutual relation is very essential to understand the stated topic. The thesis is not formulated as only theoretical however there is a practical view of the topic included which is mingled mostly by decision-making practice of courts which generates some answers to unclear explanation of the legislations,...

Prohibition of discrimination against women in labor law relations Abstract This diploma thesis deals with the issue of women's discrimination in labor law relations. The aim of this thesis is a complex conception of the issue, especially the examination of women's position in labor law market in the context of selected socio-cultural problems and the historical genesis of women's position, definition of terms related to discrimination and analysis of relevant legislation, including case law. The thesis also deals with historical context, the current situation of women's position in the labor market and also the legal basis of equal treatment and non-discrimination principles. The thesis consists of an introduction, four chapters and a conclusion. Each chapter focuses on various aspects of the position of women in the labor market related to the principles of equal treatment and non- discrimination. The first chapter discusses the historical development of the position of women in society. The chapter is divided into four subchapters. The first subchapter is devoted to the beginnings of the Czech emancipation movement, which laid the foundations for further development of the feminist stream in our country. The second and third subchapter deals with the position of women in the interwar and socialistic...

Termination of Employment after Civil Re-Codification Abstract The thesis deals with different means of termination of employment, which may occur either as an expression of the will of a party or both parties to an employment contract, i.e. the employee or the employer, or as a consequence of another kind of legal occurrence. The paper further researches the impact of the Civil Code, as a general civil law regulation, and amendments to the Labour Code implemented due the Civil Code coming into force on termination of employment and its consequences. Primary focus is on the application of the general regulation of ineffectiveness and voidability of termination as well as on interpretation of employment-related legal conduct under the Civil Code. The thesis also explores the influence of civil-law regulation of time limits and lapse of time on counting of time in labour law. The thesis reflects court decisions related to the Labour Code issued since 2014 when the Civil Code came into force. Following an overview of all means of termination of employment, the paper focuses on individual means of termination by the parties consisting in the unilateral or bilateral expression of will of the parties to an employment contract. These means include agreements to terminate employment, dismissal, summary dismissal...

1 Abstract This diploma thesis deals with the termination of an employment relationship. Its aim is to aptly depict and characterize individual ways of terminating an employment relationship with a focus on the termination of an employment relationship by labor-juridical acts, also to call attention to some application difficulties and to mention proposals de lege ferenda. Firstly, the thesis is focused on the different areas of labor law, its functions and also on the relation between labor law and civil law. The attention is further paid to the explication relating to the employment relationship as well as to labor-juridical acts and some consequences of their defects. The focus of the thesis lies in the analysis of individual ways of terminating an employment relationship. The employment relationship can be terminated either on the basis of labor-juridical acts, on the basis of a labor-juridical event, or on the basis of official decisions. Labor-juridical acts leading to the termination of an employment relationship are agreement on the termination of an employment relationship, the notice of termination, the immediate termination of an employment relationship and termination of en employment relationship during the probationary period. The labor-juridical events on the basis of which the employment...

Material welfare of families with children Abstract This thesis deals with material welfare of families with children from its history to the present. This subject matter is highly discussed topic nowadays. Thesis focuses on comprehensive presentation of this issue, points on some problems in practice and proposes recommended alternations "de lege ferenda". Solidarity was noticed in Neolitic age, in antient Greece and Rome already. In the Middle Ages we can mention mutuality. Security system as we know has been formed in the modern history since 1848. International law was reflected in internal legislation during the half of 20th century due to effort of raising social rights level. Social rights are embedded in either primary and secondary law in European law. Social security law unification is not required in European secondary law and method of convergence is applied. Thesis focuses on benefits provided in case of social events, pregnancy and maternity, parenthood, dependent child, insufficient income, sickness and death. Social insurance consists of sickness insurance, health and pension insurance. Benefits provided by sickness insurance are based on insurance principle, concerning sickness benefit, attendance allowance, maternity benefit, compensatory benefit in pregnancy and maternity, paternity...

Working hours, its lenght and distribution, with the focus on part-time Abstract The thesis deals with the issue of working hours and its distribution with a special focus on part-time. The thesis also introduces the legislation of part-time in the foreign law system, particularly in the Netherlands. The aim of this thesis is to analyze the current legal regulation of working hours, its length and distribution, focusing on part-time. The thesis is divided into six chapters, which represent labor law in the system of law, historical development of working hours, sources of labor law, legal regulation of working hours and rest periods and distribution of working hours. The fifth chapter deals with labor law institutes in which part-time deviate from the set weekly working hours. The chapter defines persons that are entitled to apply for part-time or another suitable adjustment of their working hours, forms of these suitable adjustments and the interpretation of the concept of operational reasons by the Supreme Court of the Czech Republic. The thesis also describes the method of calculating and remunerating overtime work for part-time employees and the calculation of the leave of those part-time employees whose working hours are unequally spread over several working days per week. The chapter also describes...

Presented rigorous thesis deals with legislation of employment termination and also institutions included in the employment termination. The termination notice is very frequented way of ending the employment although this unilateral juridical proceedings may be find as complications free, questions are arising during its application in place, and this thesis is trying to find satisfactory answers. It can be considered, that application of the institute has been carrying on contra legem, especially in terms of application by the employer, as we can find in rich court juridical. Employers do not hesitate to terminate employment by using termination notice even though, they did not meet legal conditions or they just simply feign meeting legal conditions. It depends on the employee and his willingness with strength to undergo law enforcement of his claims at independent courts. This thesis examines in detail the institute of dismissal, pointing out the historical adjustments and adjustments in international documents, closely devoting the employment itself, object, subject, content, commencement and duration of the employment and also employer duties connected to the employment. Thereafter the thesis deals with legal actions and their validity or otherwise. Delivering, typical for directed legal...

The legal regulation of the transfer of rights and obligations from employment relationships A Comparative Study of the European and Czech Legal Approach ABSTRACT The thesis contains a legal analysis of the transfer of rights and obligations from employment relationships. Since it is a comparative study of the European and Czech legal approach, the author compares the legal regulation of the transfer of rights and obligations from employment relationships contained in 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 ("Directive") with the Czech legal regulation contained in the Czech Labour Code, as well as in other special laws. The analysis of the respective rulings of the European Court of Justice forms a substantial part of the thesis, as these explain and complete the legal regulation contained in the Directive and are also to be observed when applying the transfer of rights and obligations from employment relationships under the Czech law. The author's references to numerous discrepancies that had arisen in the process of transposition of the Directive into the Czech legal system and which give rise to...

The subject of this Master's Thesis is to present some legal aspects of employment of persons with disabilities. This thesis deals with the subject particularly with respect to national policy of employment and individual labour-law relations. The largest part of text is devoted to the efforts of the state to reach higher employment rate of persons with disabilities and to compensate their inherent handicaps. This thesis is divided into seven thematic parts. The introduction is followed by part that defines basic terms of employment of people with disabilities which are not legally defined. The issue concerns the terms which are regularly mistaken in common conversation such as disability and handicap. The third part contains an overview of the most important documents, of significant international organizations, which contain the definition of persons with disabilities. These most significant international organizations are the International Labour Organisation, the World Health Organization, the United Nations, the Council of Europe and the European Union. The fourth part contains the definitions of person with disabilities according to five acts of Czech legislation. Every act uses different legal term for persons with disabilities and it defines them in different way. Some acts do not contain...

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...

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...

1 Intellectual property objects created in labour-law relationships in the Czech Republic and selected countries of the European Union Abstract The contemporary modern period of 21st century is characterised by a constantly developing progress, new information technologies as well as innovative tendencies in all spheres of human life, allowing individuals their own self-fulfilment through their own intellectual activity. It is not unusual for an intangible property to be created as a result of human intellectual activity carried out during a labour-law relationship. As a result thereof, a legal regulation of the mutual relationships of the contractual parties, i.e. the employee and the employer, with respect to the result of such a human intellectual activity, is necessary. The submitted dissertation thesis deals with a legal regulation of the intellectual property objects created by employees in the course of labour-law relationships de lege lata in the Czech Republic and in the selected countries of the European Union, i.e. the France and the United Kingdom of the Great Britain and Northern Ireland. The dissertation thesis is composed of five coherent chapters, whereby the third chapter dealing with the legal regulation de lege lata of selected intellectual property objects created by employees in the...

1 Employment contract and the establishment of an employment relationship Abstract This diploma thesis deals with an employment contract and the establishment of an employment relationship. The aim is to provide a comprehensive outlook on the issue of employment contract and the establishment of an employment relationship, analyze the current legislative framework including the case law and point out some challenges regarding the application in practice. The thesis is divided into four main chapters that are further segmented. The first chapter provides a basic overview of the labor law, its function, and position within the legal framework. Next, it analyzes the relationship between the labor law and the civil law post recodification, labor law relationships, and their basic principles and the dependent work as a subject matter of the individual employment relationship. The second chapter is devoted to an employment contract. It first analyzes the process before the employment relationship is established. Next, it deals with the establishment of the employment relationship itself, appointment and the issue of the so-called factual employment relationship. The third chapter is devoted to the employment contract in general. It provides the characteristics of the employment contract, which is one of the basic...

Thesis title: Employing Foreigners The aim of the diploma thesis is an analysis of the legal conditions concerning the employment of foreign nationals in the Czech Republic. The second goal is the detection of the situation regarding employing foreigners in Great Britain. The analysis is followed by a comparison thanks to which the thesis offers possible inspiration for Czech laws. Part of the thesis also deals with the effects of Brexit on foreign workers. The diploma thesis is mainly based on the study of laws and connected regulations, related publications, commentaries and present articles. In the thesis, there were used descriptive and analytical methods followed at the end by comparative one. Thesis is divided into four main chapters further split into subchapters. In the first part, the thesis deals with the distinction of fundamental terms which are used in subsequent chapters. The introductory subchapters describe the international elements in labour-law relationships and residency types for foreigners in the Czech Republic, which are closely related to their employment. Second chapter is devoted to possibilities how to legally work as a foreigner. Three main topics cover work permits, employee and blue card. This chapter includes a short overview of historical development in the Czech...

This diploma thesis deals with a termination of employment. Its aim is to analyze legal framework for the individual means of termination of employment with the emphasis on the termination of employment by legal action and to point out some problems in the application practice. The thesis consists of an introduction, six chapters, which are further internally divided apart from the fifth chapter, and the conclusion. The first chapter contains the general characteristics of the institute of termination of employment, also the principles of its legal regulation are mentioned in this chapter, and it deals with the termination of the employment in general terms. Termination grounds may be divided into three groups, depending on the type of legal situation based on which the employment ends: termination of employment by legal action, by legal event and by decision of the competent public authority. The focus of the thesis is on the second, the most extensive, chapter on termination of employment by legal action, which can be found in practice most often. In addition to the individual ways of terminating the employment, this chapter also discusses the issue of invalidity claims, which are closely linked to the termination of employment. The third chapter deals with the termination of employment by legal...

Name of the thesis: Termination of employment relationship for violation of labour law obligations in the Czech Republic and Germany The thesis deals with the comparison of legal regulations of the Czech Republic and the Federal Republic of Germany on the termination of employment relationship for violation of employment obligations. Its main objective is to describe this legislation so that a critical analysis of certain conclusions of supreme courts of both countries can be carried with regard to terms of employee protection as well as the flexibility of employment, i.e. the basic principles of labour law. The thesis can be divided into four parts. In the first (introductory) part, the labour law of the Czech Republic and the Federal Republic of Germany are generally described. This chapter is followed by a description of the current legislation on the termination of employment in both the countries with emphasis on termination and immediate cancellation in case of the Czech Republic. In the case of the Federal Republic of Germany, the description of the applicable legal provisions relating to ordinary and extraordinary denunciations is emphasised. In the final part of the thesis, the findings obtained from previous chapters are compared to each other. From this comparison, conclusions are...

Reimbursement of healthcare from the health insurance The subject matter of this thesis is a legal analysis of the conditions under which the healthcare provided to insured persons is reimbursed from the public health insurance funds. The author analyses how the constitutional right of the insured persons stipulated in the Article 31 of the Czech Charter of Fundamental Rights and Freedoms to free healthcare is applied in practice. For the purposes of this theses, the author perceives healthcare in its entire complex  the work therefore focuses on legal assessment of the conditions under which medical procedures, medical devices and medicinal products are reimbursed from the public health insurance. Part of the thesis is also dedicated to the analysis of the basic principles of the German and Slovak healthcare system; with the focus on healthcare reimbursed from the health insurance. This thesis is divided into four chapters. The introductory chapter focuses on a comprehensive introduction on the legal framework that establishes the system of public health insurance in the Czech Republic. This chapter analyzes the issue of legal relationships arising between health insurance companies, healthcare providers and insured persons within the framework of the public health insurance system. The main part...

The main goal of this thesis is to provide coherent, comprehensible and transparent view on the issues of termination of basic employment relationships by unilateral legal act, it is based on relevant legal rules (including relevant case law on to this issue). Although this institute was the principal topic of this work, I considered it necessary to pay attention to other questions which are connected with termination of basic employment relationships. In my thesis I tried to focus on individual forms of termination of employment relationship, but I also included the issue of employment relationship itself, labor law in general, and I tried to show that this law, as well as entire legislation of the Czech Republic is in harmony with sources of various international organizations and legislation of the European Union.