The topic of this diploma thesis is illegal work and its persecution. Unconditional predisposition for discussion about this topic is an analysis and definition of dependent work. Therefore, this problematic is discussed in the first - introductory chapter of the presented text. In the following chapter the author is concerned with illegal work and its forms. The accent is put especially on administrative delict of enabling of illegal work, its legislative development in the past years and the role of negative law-maker - the Constitutional Court correcting the sanctions given for this administrative delict. The third chapter focuses on administrative delicts related to illegal work that are included in the Act of Employment and Act on State Labour Inspection. The last chapter is dedicated to illegal work in the context of the whole Czech legal system, which means on the commercial law, criminal law, tax law and statutory deductions level. In the summary the findings acquired in the prior chapters are concluded and the author expresses his opinion on the possible future development of regulation of illegal employment in the Czech Republic.

The topic of this diploma thesis is the illegal work and its persecution, whereas the main goal is to point out and analyze the most important institutes relating to the illegal work, to identify the relevant legislation and to point out problematic issues of the regulation and its application. The text is systematically divided into three main chapters, in particular the field of dependent work, illegal work and finally the sanctioning of illegal work. The introductory chapter of this thesis deals with dependent work, the definition of which is a necessary condition for further interpretation of illegal work and its persecution. After a brief introduction to the legislative history and the legal definition of this term, the particular characteristics of the legal definition and, subsequently, the conditions of performance of dependent work are discussed. Further, the case law of the Supreme Administrative Court and the related additional characteristics of the dependent work which the court has defined beyond the legal definition are mentioned. The second chapter finally deals with the main topic of the thesis which is the illegal work. After defining the legal definition of illegal work and a short reminder of its legislative development, the further text is divided according to the different...

The aim of this diploma thesis called The dependent work is to assess a current legal regulation of the dependent work and consequences of its performance outside a labour law relationship. This practice that is also known as a so-called švarcsystém, i.e. the mutual relationship between two parties in which a natural person performs the dependent work for another natural person or legal entity on grounds of a commercial- law or civil law agreement and therefore outside a labour-law relationship, has been as of 1 January 2012 regarded as illegal work. The regulation of labour law in the Czech Republic has been significantly changed as of 1 January 2012, including amendments to Labour Code and Act on Employment. The amendment to the Labour Code changed a legal definition of the dependent work that is one of the main terms of the Czech labour law. The performance of the dependent work outside the labour law relationship has been regarded as the illegal work due to the amendment of the Act on Employment. In this diploma thesis the definition of the dependent work as well as of a related term, a dependent activity, is explained based on the current legal regulation as well as the decision-making practice of the Czech courts. These terms are crucial for regarding a certain activity as an illegal work....

This diploma thesis concerns legal relations in the modeling sector, particularly between models and their agencies. Its aim is to analyze present contracts, rights and duties and to discuss them from the perspective of labor law. A hypothesis is presented which assumes that those relations are de facto relations between workers and their employers despite the form and name of the agreement between contract parties, which refers to it as a business deal. The thesis consists of two main chapters. The first of them introduces the concept of "dependent work," which is used by the Czech legislation to determine which relations should be regulated by the labor law. It covers the reasons for such a concept, argues with the present legal criteria of dependent work and offers other approaches for identifying it. The second chapter deals with the practical problems present in the professional modeling branch. It shows the display of standard modeling work in the Czech Republic and the poor legal standing of models. By exploring the contracts and content of practical modeling work and judging whether they meet the criteria of dependent work, the thesis proves its hypothesis, namely that modeling in the context of the Czech legal system should be considered an employer-employee relationship. At the end of the...

<p>The purpose of this thesis is to broadly determine the influence of the Constitution on the South African labour environment and to do so from the perspective of the labour rights of workers who fall outside the ambit of the traditional common law contract of employment. An examination of the Constitution&rsquo / s influence will involve a consideration of various aspects including: (i) The evolution of the concept of employee and the contract of employment / (ii) The impact of the Constitution on South African labour relations and labour laws / (iii) The purposive interpretation of legislation / (iv) An outline of the &lsquo / Kylie&rsquo / CCMA ruling and Labour Court judgment / (v) The current legal position of prostitution in South Africa / (vi) The requirements for a meaningful transformation in the legal treatment of sex workers particularly as regards their entitlement to the protections afforded to vulnerable workers provided in the LRA.</p>

<p>The purpose of this thesis is to broadly determine the influence of the Constitution on the South African labour environment and to do so from the perspective of the labour rights of workers who fall outside the ambit of the traditional common law contract of employment. An examination of the Constitution&rsquo / s influence will involve a consideration of various aspects including: (i) The evolution of the concept of employee and the contract of employment / (ii) The impact of the Constitution on South African labour relations and labour laws / (iii) The purposive interpretation of legislation / (iv) An outline of the &lsquo / Kylie&rsquo / CCMA ruling and Labour Court judgment / (v) The current legal position of prostitution in South Africa / (vi) The requirements for a meaningful transformation in the legal treatment of sex workers particularly as regards their entitlement to the protections afforded to vulnerable workers provided in the LRA.</p>

The purpose of this thesis is to broadly determine the influence of the Constitution on the South African labour environment and to do so from the perspective of the labour rights of workers who fall outside the ambit of the traditional common law contract of employment. An examination of the Constitution&rsquo;s influence will involve a consideration of various aspects including: (i) The evolution of the concept of employee and the contract of employment; (ii) The impact of the Constitution on South African labour relations and labour laws; (iii) The purposive interpretation of legislation; (iv) An outline of the 'Kylie' CCMA ruling and Labour Court judgment; (v) The current legal position of prostitution in South Africa; (vi) The requirements for a meaningful transformation in the legal treatment of sex workers particularly as regards their entitlement to the protections afforded to vulnerable workers provided in the LRA. / Magister Philosophiae - MPhil

This thesis deals with selected issues of illegal work and its punishment, especially in terms of administrative offences. It focuses, in particular, on terminology related to illegal work, inspection activities of the labour inspection office and punishment of illegal work in administrative proceedings. The main reason why I have selected this topic is because I have been interested in labour law ever since I was studying it as a compulsory subject. There is a broad range of topics to choose from in labour law, but I have chosen the area of illegal work because of my previous experience from working in regional inspectorate of the State Labour Inspection Office, based in Ústí nad Labem, as this topic falls into its scope of authority. The main goal of this thesis is to provide a theoretical definition of illegal work, to describe the inspection procedure of employers and administrative procedure regarding the inspected entities. Furthermore, one of the goals of this thesis is to point out certain deficiency in current legal framework, especially regarding practical problems with the application of law. The prologue introduces the topic of illegal work, defines structure of this thesis and its mains goals. The thesis itself is then divided into four chapters. The first chapter focuses on dependent...

The topic of this diploma thesis is legal and illegal work of foreigners in Czech Republic. Both legal and illegal work are related to the performance of dependent work. Therefore, the thesis begins with the definition of this term when the author describes the individual characters of dependent work stipulated not only by the law but also by applicable case law. At the end of the first part, several tests of employment which are helpful for the identification of the performance of dependent work are explained. The second part is devoted to the conditions of foreigners' stay and employment in the Czech Republic, divided into two groups of foreigners. Firstly, the citizens of the EU, EEA and Switzerland and their family members, especially regarding the free movement of workes stipulated by the Treaty on the Functioning of the European Union and the topic of posting workers in the context of the transnational provision of services. Secondly, the third-country nationals who may obtain a work permit, an employee's card, a blue card or a card of an internally transferred employee for the purpose of their employment on a certain working position within a certain employer, unless they have free acces to the czech labour market. The author presents also the governmental programmes of economic migration....

69 Abstract The main goal of the diploma thesis "Employment of foreigners" is to summarize and critically evaluate the current legislation regarding the employment of foreigners in the Czech Republic, both for foreigners from countries which are not Member States of the European Union and also employment of citizens of the European Union since a separate regime applies to each of these groups under the Czech law. The thesis itself is divided into the introduction, four main chapters and a conclusion. The first chapter defines the most important legal terms which are crucial for the elaboration of the thesis, i.e. in particular a foreigner - as a general term as well as the legal definition stipulated in the Act on Residence of Foreign Nationals in the Czech Republic, a family member of an EU citizen or a Czech citizen respectively, an employee, an employer and employment. The second chapter deals with the current legal status and concept of employment of foreigners in the Czech Republic with focus on individual types of residence permits, types of individual work permits as well as on employers' obligations and necessary steps when employing EU citizens or foreigners in the Czech Republic. The third chapter defines the term "illegal work" and deals with its impact on the Czech environment, not only from a...