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...

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...

This diploma thesis provides comparison of the termination of employment relationship in the Czech Republic and in the UK. Within both legal systems this thesis focus on termination of employment relationship based on legal actions of the participants of the employment relationship as well as based on legal situations independent on the will of the participants of the employment relationship. This thesis also analyses sources of employment law in the UK and it provides an overview of the complex judiciary system in the British employment law matters.

The changes in the political landscape in South Africa have exacerbated major transformation of the society and all other aspects of life, including education. It is in this view that transformation of the education sector resulted in the changes within the employment relationship, as well as the psychological contract between educators and the Department of Education. This is further explained by the changes experienced in both the employer and employee's obligations. Furthermore, these changes have a tremendous influence on the degree of job satisfaction, organisational commitment, as well as an intention to quit among educators. The primary objective of this research is to investigate the employment-and psychological contract of educators in the Sedibeng West District of the Gauteng Department of Education. The measuring instruments, i.e. employer's obligations, employee's obligations, job satisfaction, organisational commitment, as well as intention to quit questionnaires, were used in the empirical study. A cross -sectional survey design was conducted among 298 educators (including school managers) in the Sedibeng West District. A response rate of 75% (224 respondents) was obtained. The results indicate a practically significant correlation coefficient of a medium effect between the employer and the employee's obligations, a negative correlation of medium effect between the employer's obligations and an employee's intention to quit, and no significant relationship between the employee's obligations and an employee's intention to quit. Furthermore, a practically significant correlation coefficient of medium effect was obtained between job satisfaction and an employee's intention to quit, and no significant relationship could be found between job satisfaction and organisational commitment. Lastly, a practically significant negative correlation of a medium effect was obtained between organisational commitment and an intention to quit. A multiple regression analysis indicates that 21% of the variance in the employee's intention to quit was predicted by both the employer and employee's obligations. Organisational commitment and job satisfaction predicted 33% of the total variance. Recommendations for the Department of Education, as well as future research were also made. / Thesis (M.A. (Industrial Sociology))--North-West University, Vaal Triangle Campus, 2008.

The thesis deals with notice of termination of employment relationship. It aims not only to analyse current Czech legislation including existing case law, but also to outline possible proposals of amendments (de lege ferenda considerations). It consists of eight chapters. The first chapter is concerned with general issues of labour law - its concept and function, its role in legal system, its relation to civil law and directory or mandatory nature of labour law rules. The second chapter provides a basic analysis of further ways of termination of employment relationship, which are further legal acts leading to termination of employment (i.e. agreement on termination of employment, instant termination of employment, termination of employment during the probationary period), termination of employment on the basis of an official decision and termination of employment by legal events. The third chapter to the sixth chapter deals with current Czech legislation regulating notice of termination of employment and with further related issues - prohibition of notice of termination during protective period and exemptions from this prohibition (chapter 4), invalidity of notice of termination (chapter 5) and employer's obligations consequent upon termination of employment (chapter 6). The third chapter mainly...

The theme of this thesis is to find the elements of flexicurity occurring in the various institutes of the Czech labor law and to study their interactions. The phrase flexicurity arises from the combination of two English words of opposite meaning, flexibility and security (safety, protection). Flexicurity is a certain concept of the labor market and may intervene in larger sense to the social security law and employment policy. The concept of flexicurity in the context of an employment relationship is an attempt to create a relationship between the employee and the employer, which will be flexible enough to contractual arrangements between employer and employee, while maintaining a sufficient level of protection for employees. This thesis is divided into several parts. It consists of an introduction, four chapters further divided into the subchapters and a conclusion. The first chapter deals with a general introduction to the labor law, its historical development and relationship to European Union's legislation. In the second chapter are mentioned the basic principles of labor law, the definition of labor law as a relatively independent branch of the law including the relationship to other branches of the law. The third chapter is devoted to the explanation of the concept of flexicurity, to the...

Fixed-term employment relationships as demarcated by Czech and French legal regulation Abstract The present paper analyzes fixed-term employment relationships as demarcated by Czech and French legal regulation. The purpose of the study is to discuss similarities and differences within the examined legislations, provide a basic historical background and reflect on whether the French legislation could be used as a source of inspiration for Czech law. In author's opinion, due to the frequent issues arising in connection with the application of the legal regulation of fixed-term employment relationships, this thesis could also serve as a source of interesting facts for both employees and employers. The paper is divided into four chapters. The introductory chapter looks briefly at labour law as a distinct legal branch, highlighting some of the issues which the doctrine of labour law must contend with in the context of the re-codification of private law and defining "an employment relationship" as the basic legal term of the thesis as a whole. The second and third chapters examine the legal regulation of fixed-term employment relationships. Firstly, the Czech legal regulation is reviewed and, subsequently, the French law is explored. The parallel structure of these chapters is such that any differences in the...

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...

The theme of this thesis is the protection of the eployees upon termination of the employment. The aim is to comprehensively assess the current legislation of termination of empoyment, with regard to the degree of protection that is provided to employees. It deals with the protection of employees, their position but also the claims related to the termination of the employment relationship. This thesis is dividend into five chapters, the first of which relates to the functions of labor law with an emphasis on the function of protection as a core function of labor law. With regard to weaker position of the employee to the employer, it is clear that labor law generally tries to balance this inequality or in some way eliminate it in order to provide the highest level of security. The second charter presents the core of this thesis and deals with the varoius types of termination of employment. It contains their assessement in relation to ensure adequate protection of employees but also the positives and negatives of legislation including possible aplication problems that are occured in practice. The emphasis is placed primarily on the termination of the employment relationship in view of the fact that the need to ensure a sufficient level of protection of employees in this unilateral termination method...

The aim of this thesis is to explore employment relations in young, growth-oriented, technology-driven (high-tech) start-ups. It takes a closer look at the exchange relationship between founders and their first employees in this specific context. At its core, the research is interested in employees motivation to work for a growth-oriented start-up and their understanding of the employment deal. The study uses the psychological contract as an analytical framework to gain deeper insights into individuals perceptions of this deal. The research is embedded within an interpretivist paradigm and includes eight case studies involving growth-oriented high-tech start-ups in Berlin and London. For each case, in-depth interviews with three full-time employees as well as the founder(s) were conducted. The findings of this thesis demonstrate that the employment deal in growth-oriented start-ups is a short-term, faith-driven contract, which differs substantially from the current understanding of the psychological contract. In contrast to the long-term or open-ended contract often offered by larger, more established organisations, this deal has a defined expiration date . Moreover, the findings challenge the current understandings on remuneration, relationship building and power dynamics within growth-oriented start-ups and add to the literature by offering a re-conceptualisation of the psychological contract. This thesis helps to inform prospective employees about the advantages and challenges of joining a start-up and encourages entrepreneurs to further tailor their management and compensation strategies.