Applying the prohibition of discrimination in employment relations. Abstract This thesis is about discrimination in employment relations. The objective of the text is to concentrate on applying the prohibition of discrimination in fields, where disparate treatment is most common, on the legal means of protection against employment discrimination and on the activities of public institutions, which have been entrusted with supervision over compliance with the principle of equal treatment. The thesis is divided into introduction, five separate sections, which are further divided into chapters, and conclusion. The first two sections are rather theoretical, containing definitions of basic terms, important for overall understanding of the thesis (such as equality, discrimination, harassment and others) and introduction of the EU and Czech Republic anti- discrimination law in employment relations. In the third section I focus more closely to employment relations, where the problem of discrimination is widespread, or where it is highly undesirable. In individual chapters of this section applying for a job (including advertisements), remuneration or termination of employment are examined. The next section concerns the discrimination victim's right to claim before the court that the discrimination be refrained from,...

The aim of my thesis entitled Equal treatment and prohibited discrimination against employees is to provide a complete view of international, European and Czech legislation on this topic and inform about how to protect oneself against discrimination. The thesis is divided into four chapters. The first chapter is general. It deals with basic concepts relevant to this area, such as equality, equal treatment, discrimination and its types and others. The second chapter focuses on the most important international treaties regulating equal treatment and discrimination in labour-management relations. It has three parts and each part consists of conventions adopted by one international organization - The United Nations, International Labour Organization and Council of Europe. The third chapter concentrates on the legislation of European Union, both primary and secondary legislation and also deals with judgements of European Court of Justice. The fourth chapter is concentrated on Czech legislation which deals with the principles of equal treatment and prohibition of discrimination of employees, at first place on Anti - discrimination Act. This chapter also treats with various means of protection available to victims of discrimination.

The dynamic interpretation of EU citizenship as a 'fundamental status of all Member State nationals' has opened the door for more horizontal conceptions of equality in European Union law. At the same time, the meaning and purpose of equal treatment in the case of economically inactive and dependent EU citizens has remained ambiguous. The objective of this study is to clarify what normative justifications, other than to eradicate the obstacles to the internal market, can be offered for more just and equal relationships between EU citizens within the existing constitutional order of the EU. What defines EU citizenship as an equal status is how those individuals who hold this status are treated in relation to one another. The thesis discusses in detail how the rationale for discrimination analysis under Article 18 TFEU has changed in parallel with the evolution of EU citizenship. The question of how unlawful discrimination differs from legitimate differential treatment under the so-called 'real link' case law leads to a more theoretical question of what philosophical justifications underlie the EU principle of equality. The democratic theory of equality is used to support the argument that the current bias in favour of 'activity' at the expense of ‘status’ in EU equality law is rooted in a narrow and individualistic view of agency. The thesis, then, argues that recognizing the inherent connection between EU citizens' agency and their subjectivity can provide a justification for a more relational conception of equality even in the absence of a full democratic pedigree in EU law. This analysis contributes a perspective which is usually not there by examining how EU citizenship can benefit from the psycho-dynamic theories of subjectivity that underlie the feminist critique of 'citizenship as agency'.

My thesis is focused on the prohibition of discrimination in labor relations. This topic is very large and in future its content will continue to expand. Discrimination occurs in all areas of human life, dangerous a frequently occurring is in the area of labor relations. The aim of this thesis is to analyze legislation of anti-discrimination law in area of labor relations. I will also deal with analyzes of important judgments of the Court of justice of the EU and of the Czech courts. The first chapter defines the basic concepts, which related to the topic of thesis. The second chapter deals with issue of discrimination in labor relations in international law. International legislation is divided on the basis of international organizations that issued these rules. It's mainly United Nations, the Council of Europe and from the area of international organizations which related with labor law, it is International Labour Organization. The third chapter presents anti-discrimination law and case law in the European Union and its impact on the law of the Czech Republic. The fourth chapter deals with the prohibition of discrimination in labor relations in the framework of the legislation in the Czech Republic. There is also described the development of the prohibition of discrimination in Czech legislation. I will...

Resumé " The equal treatment and prohibition of discrimination in Labour law" This thesis deals with the principles of equal treatment and prohibition of discrimination, which belong to the most substantial principles of European and international law as well as in todays Czech law. These principles are dealt with in many international treaties, in the legislation of the European Union and also in the so called Czech Antidiscrimination Act 2009. Special emphasis is placed particularly on equal treatment between men and women and on the prohibition of discrimination on grounds of gender. The thesis is composed of introduction and seven chapters, each of them deals with different aspects of prohibition of discrimination and equal treatment. Chapter One and Two is introduction into the Czech Labour law and basic principles of Labour law. Chapter Three defines basic terminology used in the thesis: discrimination (direct and indirect discrimination, positive and negative discrimination, harassment, sexual harassment, instruction to discriminate, etc.). Chapter Four tries to analyze international treaties which deal with the prohibition of discrimination and equal treatment. The Chapter is divided into three parts, which reflects three main international organizations: the United Nations, Organization, the...

In my thesis I concentrate on the topic of the equal treatment and the prohibition of discrimination. The reason why I have chosen this subject matter is for its topicality and constantly increasing significance. The equal treatment, as well as the prohibition of discrimination, has to be respected in labour relations to create respectable conditions for employees and equal opportunities for job applicants. In practice, these principles support also better productivity in a workplace, because the work environment, where the law is maintained, is the healthy and prosperous one. However, the reality is different and these principles are not always enforced. That is the reason why discrimination or unequal treatment still exist today and it is not phenomenon, which would be typical only for relations between employers and employees or job applicants. Therefore, the international, European and interstate legislation is evolving constantly in this area and it is changing in an effort to reach more efficient application in practice. The aim of this thesis is to analyse applicable legislation of the equal treatment and the prohibition of discrimination and its influence on labour relations. The whole thesis is divided into introduction, four separate chapters, which are subdivided into particular...

Equal treatment and prohibition of discrimination Abstract My diploma thesis deals with the topic of equal treatment and non discrimination in employment relations, which form one of the areas where the impacts of discrimination can be perceived most intensely, as such behaviour denies the freedom of making decisions about one's profession, which is highly important for the self-fulfilment of each individual. Within the context of the Czech Republic, the urgency of the topic of the thesis is given by the need to adopt new principles and tools brought by the transposition of the EU anti-discrimination legislation into the Czech legal system. Sufficient public awareness of its contents and possibilities it brings is a prerequisite for effective application of the new legislation. For that reason, the purpose of my thesis is primarily to outline gradual shifts in the understanding of the principle of equal treatment in the European area and to describe the development of the EU anti-discrimination legislation. The thesis should also present plentiful judgments of the Court of Justice of the European Union (CJEU) interpreting the meaning of individual provisions of both primary and secondary EU legislation. The first chapter defines the terms of equality and discrimination and distinguishes two main approaches...

The purpose of my thesis is to provide a comprehensive view on the issue of discrimination based on sex in labour-law relations. The aim of my thesis is to investigate why discrimination is still present in society despite all the effort made by the international organisations, legislators and non-governmental organizations. Therefore, the main objective of this work is to analyse the current position of women in society, the causes of why discrimination based on sex is emerging and to find out whether the status of women has improved over the decades and in which direction it is developing. The thesis is composed of seven chapters, each discussing different aspects of gender discrimination. The first chapter is an introductory part providing a brief look at the historical developments of the issue in the Czech Republic and abroad. It also examines individual areas of labour-law relations in which discrimination often occurs. The second chapter defines basic terminology used in the thesis, i.e. "equality", "direct and indirect discrimination", "sex", "gender" and "labour-law relations". The third chapter describes various international organisations such as The United Nations, The International Labour Organization and The Council of Europe that are active in the field of fighting discrimination and...

Non-discrimination and equal treatment in Employment relationships in the Czech Republic and in selected EU countries Abstract Principles of equality, respectively equal treatment and prohibition of discrimination, are prominent in public discourse as well as in practical life, specifically in relationships between employees and employers. It is typical that these principles and their precise content and scope may vary in accordance with cultural, local and historical contexts. In the Czech Republic, arguments relating to equal treatment and prohibition of discrimination in employment relations are not very often heard and resolved by courts; that however does not mean that problems relating to unequal treatment or discrimination would be absent. Employment laws are in many respects driven and influenced by European Union law; ban on discrimination is subject to regulation by a number of Directives, which each Member State must transpose into its national legal framework. When these national laws are interpreted and applied, the primary concern must rest in maintaining consistency with the original regulation while considering any relevant case law passed down by the Court of Justice of the European Union. For the same reasons, it may be interesting to compare, from legislative standpoint and in application...

Legislation of the women's position on labor market Abstract The aim of this thesis called "Legislation of the women's situation on labor market" is to describe not only current situation but also historic progression of women's position in employment relations. It is focused on the regulation of equal treatment and the prohibition of discrimination in international law, European law and Czech law and also on special working conditions of women, which are established for protection of female employees during pregnancy and maternity. I also try to acquaint readers with judicial decisions in this area. Women's situation on labor market was not always great and they had to fought for better position. Traditional arrangement where house keeping and raising kids is naturally considered as women's responsibility is still common in most families. That is why lots of women have to learn how to coordinate mother's role and their job. My thesis is divided into five chapters. First chapter is dedicated to evolution of women's position in society and on labor market from 19th century to the period after Velvet revolution in 1989. Second and third chapters are focused on equal treatment and the prohibition of discrimination. While the purpose of the second chapter is to define these expressions, the third chapter serves...