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...

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.

Notice of termination of employment relationship after private law recodification Main theme of my thesis is notice of termination of employment relationship after private law recodification. I have chosen this topic, because every labour relationship termination and especially notice of termination, can have essential influence to every single person in productive age and even to his family. Law provides protection to both employers and employees, but to employees, as a weaker contracting party, is protection provided in wider range. I have divided my thesis into seven chapters, many of them are divided further. The first chapter is about labour law in general. The second chapter describes relationship between labour and civil law, from the Labour Code from 1965 to present time and also the principle of delgation and its change by Constitutional Court of the Czech republic fading into the principle of subsidiarity. In the third chapter I have stated the most important international documents, which are regulating notice of termination of employment relationship. Fourth part of my thesis describes employment relationship in general, ways of its termination and legal facts, which are leading to the termination of employment relationship in general. Key chapter is chapter number five, in which I am...

A presente dissertação estuda a participação de pessoas com deficiências no mercado de trabalho. No primeiro capítulo, ventila-se a trajetória histórica da pessoa com deficiência desde a Idade Antiga até a Idade Contemporânea. A seguir, analisa-se a terminologia apropriada para denominar a pessoa que possui alguma forma de deficiência. No segundo capítulo, abordam-se as principais normas do Direito Internacional atinentes ao tema. A seguir, analisa-se o modo como a relação de emprego das pessoas com deficiência é abordada pelo Direito estrangeiro. No terceiro capítulo, discorre-se sobre a evolução do ordenamento jurídico brasileiro diante do tema, ponderando-se a aplicação da Constituição Federal e da Lei n. 8.213/91, bem como o papel do Ministério Público do Trabalho e do Ministério do Trabalho e Emprego e, ainda, os mecanismos e incentivos para o cumprimento da legislação. No quarto capítulo, são verificadas as peculiaridades do contrato de trabalho das pessoas com deficiência, analisando-se se a realidade brasileira observa os direitos assegurados pelas leis e pelo texto constitucional vigente, sopesando-se a existência de meios eficazes de fiscalização, incentivo e, até mesmo, exigência de contratação. Para a elaboração do presente estudo, utilizam-se os métodos indutivo com a coleta de elementos para análise e elaboração do tema para posterior discussão e conclusão , analítico-sintético com o exame de textos jurídicos e não jurídicos e comparativo com a análise das características e da influência de diversas legislações nas condições de trabalho das pessoas com deficiência em momentos cronológicos distintos. São utilizadas a pesquisa bibliográfica e jurisprudencial, bem como a efetiva análise de textos legais. / This dissertation studies the participation of people with disabilities in the labor market. The first chapter talks about the historical trajectory of people with disabilities, from the Ancient Age to the Contemporary Age. Next, we analyze the appropriate terminology to describe the person who has some form of disability. In the second chapter we discuss the main rules of international law relating to the theme. Next, we analyze how the ratio of employment of people with disabilities is addressed by foreign law. The third chapter discusses the evolution of Brazilian law on the subject, considering the application of the Constitution and the Law 8.213/91, as well as the role of the Public Ministry of Labor and the Ministry of Labor and Employment, and also the mechanisms and incentives for compliance. In the fourth chapter, we investigate the peculiarities of employment of people with disabilities by analyzing if the Brazilian reality observes the rights guaranteed by the Constitution and laws in force, weighing up the existence of effective means of enforcement, encouragement, and even hiring requirement. In this study, we use the inductive method collecting elements for analysis and preparation of the issue for further discussion and conclusion , analytic-synthetic method examining legal and non-legal texts , and comparative method analyzing the characteristics and influence of various laws in working conditions of disabled people in different chronological moments. We searched the literature and jurisprudence, as well as the effective analysis of legal texts.

A presente dissertação intitulada O princípio de proteção em face da flexibilização dos direitos trabalhistas tem o objetivo de analisar a proteção do trabalhador no atual contexto brasileiro, através do método apresentado pela teoria de direito como integridade, formulada por Ronald Dworkin. O diferencial desta teoria é a adoção do novo paradigma de objetividade, em oposição ao conceito moderno de objetividade científica, em que o objeto deve ser conhecido necessariamente desvinculado da perspectiva do sujeito cognoscente. Conforme o novo paradigma de objetividade, nenhum conceito pode ser determinado a priori, mas somente dentro de um contexto determinado. O mesmo acontece com o conceito de direito. Não é possível a priori descrevê-lo por completo. O conceito se constrói na própria resolução dos casos concretos, ainda que reconheçamos casos paradigmáticos. Dessa forma, diante de um caso difícil, ou seja, sobre o qual há controvérsia, o juiz utilizará sempre padrões jurídicos interpretados com base na teoria que melhor justifica a prática jurídica como um todo. Assim, não há discricionariedade no sentido de ausência de padrão para julgamento. O direito determina a decisão correta, a qual constitui direito subjetivo do cidadão, e obrigação jurídica do juiz. A discussão sobre o princípio da proteção do trabalhador presente no direito brasileiro na atualidade é bem compreendida como um caso difícil conforme o modelo descrito por Ronald Dworkin. É reconhecida a desigualdade entre as partes da relação de emprego, entretanto, diverge-se sobre a melhor forma de equilibrar esse contrato. A corrente que defende a proteção do trabalhador pela via da negociação coletiva entende que o protecionismo estatal não mais atente à finalidade do direito de trabalho de equilibrar a relação de emprego, sendo necessária a flexibilização dos direitos trabalhistas. Enquanto a corrente oposta entende que a finalidade do direito do trabalho é melhor alcançada justamente pela proteção do empregado pelo Estado. A divergência é sobre qual a melhor concepção de proteção do trabalhador, ou seja, o que é a igualdade no campo das relações de emprego. A análise dos argumentos das duas correntes demonstra que a argumentação da corrente que defende a proteção estatal é mais forte, pois não faz sentido atribuir aos sindicatos a função de proteger os trabalhadores no momento em que essas entidades estão mais frágeis. Essa fragilidade é causada justamente pelos mesmos fatores que os juristas apontam como motivo para flexibilização dos direitos trabalhistas. São exatamente o atual modelo de produção e o desemprego as maiores causas da fragilidade do sindicato. Essa disputa doutrinária ressoa na jurisprudência. A análise de acórdãos do Tribunal Superior do Trabalho mostra que o Tribunal resguarda direitos mínimos do trabalhador e direitos que representam normas de ordem pública, os quais não podem ser negociados. Além disso, exige concessões recíprocas para a validade da negociação coletiva. Por outro lado, permite a flexibilização dos direitos trabalhistas nos casos previstos na Constituição e nos casos de direitos disponíveis. / The purpose of this paper, entitled Principle of protection under labor rights flexibility, is to analyze the protection of employees in the current Brazilian context, by means of the method presented by the theory of law as integrity, formulated by Ronald Dworkin. This theorys differential factor is the adoption of a new objectivity standard, as opposed to the modern scientific objectivity concept, in which the object must be necessarily known as detached from the cognoscent subject perspective. According to the new objectivity standard, no concept may be determined a priori, but only within a determined context. The same happens with the law concept. It is not possible to completely describe it a priori, the concept is created to the extent concrete cases are resolved, although we recognize paradigmatic cases. Thus, in face of a difficult case, that is, which presents controversies, the judge will always use legal standards interpreted based on the theory that best justifies the legal practice as a whole. In this way, there is no discretion in regards to the lack of standard for judgment. The law determines the correct decision, which constitutes the citizens subjective right, and the judges legal obligation. The discussion on the employees protection principle present in the Brazilian law nowadays is understood as a difficult case, according to the model described by Ronald Dworkin. The unequal character between the parties in an employment relationship is recognized, however, there are divergences in regards to the best way to achieve balance threrein. The stream defending the protection of employees by collective negotiation understands that the state protectionism no longer meets the purpose of labor law to provide balance to employment relationships, being necessary to turn labor rights flexible. The opposed stream, at its turn, understands that the purpose of labor law is better achieved exactly by the protection of the employee by the State. The divergence arises when it comes to decide which is the best employee protection concept, that is, what does equality mean within the scope of employment relationships. Upon analysis of the arguments of both streams, it is found to be stronger the stream defending state protection, because it does not make much sense to give unions the function to protect employees at the moment such entities are more fragile. Such fragility is specially caused by the same factors described by jurists as the reason to turn labor rights flexible. The current production model and unemployment are the greatest causes of union fragility. This doctrinaire dispute has an influence upon the case law. The analysis of the decisions rendered by the Labor Supreme Court demonstrates that the Court protects the minimum rights of employees and the rights representing public order rules, which may not be negotiated. In addition, it requires reciprocal concessions to make the collective negotiation valid. On the other hand, it allows the flexibility of labor rights in the cases se forth in the Constitution and available case law.