There appears to be a vacillation from the original intent of the Employment Act of 1946. It was originally intended to serve as a tool whereby the smoothing and the easing of cyclical fluctuations of the business cycle could be facilitated. It now seems as though this tool has become one which is being used to correct those structural weaknesses which exist in the economy.

Legal regulation of employment and security against unemployment At the present time of economical recession many countries battle against high unemployment, which can contribute to many economical and social problems. The purpose of my thesis is to describe legal regulation of employment and security against unemployment in the Czech Republic. I focused on main parts of legal regulation and also thought over some institutes. When I came to the conclusion, that the legal regulation has some drawbacks, I suggested that an amendment should be passed. The thesis is composed of eight chapters. Chapter one defines unemployment and its kinds and elucidates, what full employment means, because it is the aim of legal regulation of employment in many countries. At the end of this chapter I sumarize developement of unemployment in Czech Republic from 1990 to present. Chapter two deals with right to work. I enumerate most important international documents, where right to work is regulated. Full employment was also soon mentioned as the basic aim of countries. Similar developement in Community law is described in part four. At the end of chapter is comparison between the right to work under Charter of Fundamental Rights and Freedoms and right to work under Employment Act. Chapter three deals with employment policy in...

Název diplomové práce v anglickém jazyce, resumé, klíčová slova Employment of people with a disability This thesis sets out to introduce legislation in the employment of disabled persons in the Czech legal system. The thesis is devided into seven parts. The first part deals with the history of the relationship of disabled persons and the society as it recorded the oldest Greek and Roman sources of law as well as sources in our country. It describes several measures that have been introduced to make the lives of the poor and the sick better until 1948 . The second part provides an overview of the most important international sources and sources of the European Union. It describes the protection that these sources provide to basic human rights, the principle of equality and non-discrimination and to regulate the rights and status of persons with disabilities. In the third part the basic principle enabling people with disabilities to full participation in society is analyzed in detail - the principle of equal treatment and non- discrimination. In this part is described the importance of these concepts and their national legislation in the Charter of Fundamental Rights and Freedoms, anti- discrimination laws, labor and employment law. The fourth part describes the employment of persons with disabilities as...

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The relationship between workers and employers in South Africa is governed by various labour statutes such as the Basic Conditions of Employment Act (BCEA). The Basic Conditions of Employment Act regulates the working conditions of employees, including working hours, leave, particulars of employment and remuneration and termination of employment, etc. The purpose is to ensure that employees are not exploited and that they do not have to negotiate for these basic conditions of service. The BCEA does not prescribe the minimum remuneration that an employer must pay an employee, so the BCEA empowers the Minister of Labour to make sectoral determinations for sectors or areas of the economy that are typically in a weak bargaining position or not well organised by trade unions. Sectoral determinations are a means to protect vulnerable employees by fixing conditions of employment as well as minimum wages of employees that would otherwise have to be secured through collective bargaining. Employers and employees as well as their representatives are fully consulted during the process of making sectoral determinations. These consultations are held occasionally and the employers and employees can participate in the making of a sectoral determination that will regulate their employment relationship, either by making written submissions to the Department of Labour or by giving input at the public hearings that are usually held by the Department. The Minister is also advised in this regard by a body called Employment Conditions Commission (ECC), which is an independent statutory body established in terms of section 59(1) of the Basic Conditions of Employment Act. The Minister of Labour, after consultation with NEDLAC appoints the commissioners. The ECC’s mandate is a broad one, with its primary function being to advise the Minister of Labour on various matters concerning the BCEA. These include among others, the making of sectoral determinations, monitoring trends in collective bargaining for their possible impact on the BCEA. The issues highlighted above will be dealt with in detail in this paper.

The aim of this thesis is to explore the area of unemployment and see how the unemployment rate has been affected by legislative changes in recent years. The first part deals with unemployment in general, describes the problems most vulnerable groups in the labor market have to face, illustrates the progress of the unemployment rate, but mostly relates to new legislation adopted in recent years, particularly changes in the Employment Act. The second part is focused on the newly established institution of public service. It deals not only with its own legislation, but also alludes to the practical problems that appeared after the introduction of public services. And for comparison, I also describe solutions from abroad and possible suggestions for improvement.

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Magister Legum - LLM / Chapter 2 of the Constitution contains the Bill of Rights, which ‘enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.’1 By rights being afforded to the employee in the workplace, such rights need to be protected (legislation being implemented by legislature is subjugated by the Bill of Rights).2 Labour legislation being implemented in order to protect the rights afforded to the employees,therefore creating fair labour practice in terms of section 23 of the Constitution. Such legislation needs to take in regards various rights of an employee, such as the right to privacy3 of an employee. This resulted in creating domestic legislation in order to protect employees’ rights to privacy. A detail discusses of how various domestic legislation were implemented to protect the right is discussed in Chapter 2. In addition to the implementation of domestic legislation giving effect to the right to fair labour practices, the Constitution requires that international law be considered when individual and a further international obligations with regards to international standards). Section 39(1)(b) provides that ‘when interpreting the Bill of Rights, a court, tribunal or forum must consider international law’. This means that standards set by the International Labour Organisation and Conventions must be considered when interpreting the right to fair labour practice.4 A detailed discussion is dealt with in Chapter 2. The primary research question of this thesis is ‘is an employee’s right to privacy infringed by requiring a medical condition to be disclosed on a sick note for purposes of statutory sick leave?’ In answering this question, a number of ancillary questions must be answered, including whether doctor and patient confidentiality is breached in disclosing such information on a sick note; to what extent medical information can be disclosed in the medical information; whether there is a potential for misuse of information disclosed on the medical certificate against the employee; whether such disclosure of information could lead to unfair labour practice where the employee can be unfairly discriminated against based on such disclosure and how is privacy is being protected and processed in terms of legislation domestically and foreign legislation.

A Job Seeker and the Labour Office of the Czech Republic Abstract The PhD thesis focuses primarily on the legal regulation of the Employment Act affecting the issue of job seekers within the activities of the Labour office, especially in the process of employment intermediation and in receiving unemployment benefits. The introductory theoretical interpretation of the fundamental social right guaranteed by the Charter of Fundamental Rights and Freedoms, i.e. the right to work, is followed by a treatise on unemployment and its development. A compact overview of this issue is given by a summary of the concept of employment policy in the Czech Republic and within the European Union and its state management within the Czech Republic. The main part of the thesis presents an analysis of individual provisions of the Employment Act from the practical point of view of the job seeker. It defines his rights and obligations starting by submitting an application for mediation of suitable employment to the Labor office register. These are discussed in detail in relation to the main instruments that the job seeker may encounter during registration, such as "appropriate employment", "serious reasons", "temporary incapacity to work", "non- conflicting employment", "illegal work", etc. The thesis contains a detailed analysis...