Title: Leave Legislation in Czech Republic, Slovakia and Poland Author: Iveta Niemiec Abstract: There are three neighbouring states in the spotlight of this thesis: Czech Republic, Slovakia and Poland. Approach of the annual leave legislation in those countries and mutual comparison could be defined as a main goal. Adumbration of annual leave as a significant part of labour law legislation and its purpose definition, which consists mainly in creating space for recovery and longer rest, is followed by short excursion into the history of legislation development. In this regard the year 1918 is found to be a breakthrough, which opened up the possibility of own legislation in Czechoslovakia and Poland. Getting closer to the leave legislation of particular states is preparation for a comparison of particular institutes and sub-institutes of leave of each labour code. Subsequenlty stated judicature provides an overview of application of legal rules related to the leave. Investigation is concluded by impact of the EU legislation on the particular institutes of the leave. The thesis is finalized by adumbration of inspirational parts of slovak and polish leave legislation. Key words: labour code, leave, recovery, leave entitlement, comparison, inspiration

The purpose of this thesis is to analyse not only the general topic of the europeanisation but also the topic of the legal europeanisation as such. This thesis is divided into eight parts. Chapter I provides a general introduction of the europeanisation and it also sets down the goals of this thesis. Chapter II aims at the general overview of the labour law. Chapter III deals with the European Union and the European law. This chapter is divided into two subchapters. The first subchapter goes in mainly for the development of the European Union. This is followed by the second subchapter dealing with the development of the labour law in the European Union. European labour law has been developing long time and can be divided into three time lines. Chapter IV engages with the topic of the europeanisation. Firstly, the terminology is reconciled and afterwards it continues with the europeanisation in common sense. Also some definitions and opinions from authors dealing with the Europeanisation are taken into consideration and pointed out. Then, the legal europeanisation introduction come after with regard to reasons which lead the member states of the European Union to harmonize their own legal order or which tools are used to harmonize the legal orders. The following Chapter V targets the europeanisation...

The thesis deals with the dismissals of employees for organizational changes. This area of laubor law become very important in connection with the economic crisis beginning in the year of 2008. The main goal of this thesis therefore is, using various methods of law interpretation and relevant judicature, to find the content of very brief law regulation of artical 52 letter a) to c) Labour code. Finding that, the thesis could be used by the public as a manual for solving unclear law questions. The secondary aim of this disertation is to propose reasonable changes into the law regulation of dismissals of employees for organizational changes.

Termination of employment in an international comparison - a comparison of the Czech republic and the Slovakia Resumé: The aim of this thesis is to discuss the termination of employment contract from the multinational perspective, ČR a SR. Thesis is thematically divided into 4 large groups containing the termination of employment contract on international, Czech and Slovak legal grounds respectively alongside with the comparison of individual dissolution acts. Labor law is a legal discipline which is dynamically evolving and modernized whilst there are apparent differences in the comparison of labor law regulation within the EU member states. ČR and SR both approach the modernization of labor law in a different manner and the necessary flexibility of the labor market, employee protection and social security are incorporated in their systems of law with certain differences. The beginning of the thesis provides a brief excursus to the history of labor law. The following part aims to describe the institute of termination of employment contract in the context of international law regulation and its impact on Czech and Slovak labor law. Prior to the description of the individual means of termination of employment contract according to national regulations, there is a brief introduction into the issues of...

The thesis summarizes legal regulation of working hours and their scheduling in the Czech legal order. The aim of this thesis was to describe and evaluate various types of working patterns, which are addressed in the Labour Code, as well as to highlight some problems that can cause their application in practice. In addition to the current regulation, this paper deals with modifications proposed by the amendment to the Labour Code, which would come into effect January 1, 2012, and its influence on the organization of working time (the main change is the proposed unification of regulation of even and uneven schedule of working time and reducing the administrative burden and complexity of account of working time). The thesis can be divided into five main parts. The first part is devoted to the very definition of working time in European and Czech legislation and records of working hours. The second part focuses on the main topic of the thesis - the organization of working hours. In the individual sub-sections I describe the various patterns of working hours with an indication of potential problems in practice. I also mention the possible changes in the regulation of working time, which would bring the already mentioned proposed amendment to the the Labour Code. Schedule of working hours is related to work...

Univerzita Karlova v Praze Právnická fakulta Diplomová práce Povinnosti zaměstnavatele při skončení pracovního poměru Katedra pracovního práva a práva sociálního zabezpečení Vedoucí diplomové práce: doc. JUDr. Věra Štangová, CSc. Vypracoval: Oldřich Konfršt Text této diplomové práce je ukončen k právnímu stavu odpovídajícímu ke dni 31. prosince 2013. Odevzdáno květen 2014 Abstract The title of this thesis is: "Obligations of the Employer upon Termination of the Employment." The aim of the thesis is to analyze the obligations of the employer upon termination of the employment legislation. I want to stress in this paper, that when the employer terminates the employment, he still may have several obligations towards his former employee. These obligations may be of financial as well as administrative origin. Employers obligations are based on statutes and contracts. The study deals mainly with severance payment, employment statement and employment reference. The First chapter describes the concept of the labour law. The relationship of the labour law to private law and public law is mentioned here. The next chapter is concerned with the labour law development. Several historical milestones related to the labour law are mentioned there. Sources of the law are presented in the Third chapter. There are several...

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 thesis is written in the field of labor law. Content is the dismantling of the individual provisions of the existing legislation relating to the scheduling of working hours laid down in the Act no. 262/2006 Coll., The Labour Code, as amended, and other related regulations of the Czech legal order. The work is divided into ten chapters, which focus on individual provisions relating to the regulation of working hours and provisions linked. Work includes historical development of legal regulation of working time, the definition of working time, analyzing provisions relating to individual species scheduling of working hours, breaks and rest periods, overtime, night work and availability. Further, a working time under specific working conditions for employees caring for a child or another individual, especially the attitude of employers towards complying workers' requests for shorter working hours. In the second half discusses the regulation of working time of employees working on the basis of agreements on work performed outside employment, employees are governed by special regulations, employees working offsite or overseas employers and posted workers. The last chapter deals with records of working hours. Powered by TCPDF (www.tcpdf.org)

Magdalena Danielová Non-competition clause The main aim of this diploma thesis is to provide complete summary on a non-competition clause as an institute of labour law. This issue is up-to-date and primarily serves for the protection of employer's information, knowledge and procedures from potential misuse by its employees. The current legislation involves some ambiguous and imprecise formulations which may cause problems within use of a non-competition clause in practise. The first chapter is devoted to determination of fundamental legal terms in labour law which are associated with the limitation of competitive activities and non-competition clause. In the end of this chapter the definition of a limitation of competitive activities within employment and non-competition clause will be given. The second chapter describes historical development of the legislation on non-competition clause which appeared for the first time in the Czech legislation in the half of the 19th century. Modern legislation brought ambiguous views on its sre-introduction and content of a non- competition clause. The third chapter is focused on the current legislation of a non-competition clause in Act No. 262/2006 Coll., Labour Code. Except for the amendments which have been approved since the effectiveness of new Labour Code, the...

The topic of contract of employment is still contemporary issue of czech labour law. Nowadays contract of employment is under the influence of a technical and societal progress which demands frequent and important legal changes. There is also the substantial influence of contemporary European tendency to make labour law more flexible with maintaining the high level of social security standards of employees. This tendency is widely known as "flexicurity". The thesis is divided into three chapters. The chapter deals with common principles of labour law which are crucially important for understanding the issue of contract of employment. For this reason, the charter contains explaining the term "labour law" and its object, principals of labour law, the relations between the Labour Code and Civil Code, the defining the term of dependent work. This term is strongly connected with the issue of disimulation of legal act. The Chapter Two discuss a contract of employment as an agreement between employees and their employers, which have some autonomy of will which is limited by law. One section deals with nullity of contract of employment or articles of contract, in other part I try to explain the legal form of contract of employment. The last chapter is concerned with content of contract of employment. In subsection...