The area of a sickness insurance, I have chosen for my diploma thesis, is not only important for me in terms of my working life, but as well as for my private life, because a temporary working incapacity and a title for sickness insurance benefits accompanies a life of each of us, either directly in our family circle or among friends or colleagues. The working incapacity, as a social event, is familiar to all of us. Someone meets it more often, someone less often, however it always influences our private as well as working life from a financial perspective, it has an impact on our working duties and it strikes our family groove. At the same time it has a very human dimension, since it concerns the most valuable we have ? it is our health. It deepens solidarity among people, mutual support and empathy. I have chosen the above topic also for the reason that I had already been working in the area of the sickness insurance for five years. I am interested whether there have been met the main objectives from the new legislation especially in terms of savings in financial means, a decrease of a number of temporary incapacities and a prevention of a misusage of the temporary working incapacities. The main aim of this thesis is to analyze individual areas of an implementation of the sickness insurance and on the basis of obtained results and statistical data to evaluate whether the main objectives of the sickness insurance legislation from January 1st, 2009 in the region of Jindřichův Hradec were met. Three hypotheses were presented in the thesis. The first premise said that with the effectiveness of this law financial means had spent on the sickness insurance benefits had been saved. The second premise was a decrease of the temporary incapacities and the third proven one was the meeting of the main objectives of the legislation in the whole implementation range of the sickness insurance in the region of Jindřichův Hradec. Two research methods were chosen; an analysis of documents, a technique of a secondary analysis and a content analysis. The second method was a semi-structured interview with professionals in the area of the sickness insurance. Defined hypotheses were confirmed by the carried out research. Financial means spent on the sickness insurance benefits were saved very dramatically already in the first half of the effectiveness of this law and the number of temporary incapacities decreased by one third of cases in that period. The third hypothesis was also confirmed by both chosen research methods and defined objectives of the new legislation were met in the region of Jindřichův Hradec. The defined aims of the diploma thesis were achieved, hypotheses were verified, there were mentioned important remarks and changes and provisions, which would lead to another streamlining of the sickness insurance system, were proposed. The obtained results are beneficial for my work in this area and they are a motivation as well as a challenge to other research activities.

Submitted by Marcia Silva (marcia@latec.uff.br) on 2016-05-31T20:44:50Z No. of bitstreams: 1 Dissert Filomena Maria Bastos Gomes.pdf: 3730181 bytes, checksum: ac30057bf94dc5cb2bfe53f9f108555d (MD5) / Made available in DSpace on 2016-05-31T20:44:50Z (GMT). No. of bitstreams: 1 Dissert Filomena Maria Bastos Gomes.pdf: 3730181 bytes, checksum: ac30057bf94dc5cb2bfe53f9f108555d (MD5) Previous issue date: 2016-02-02 / A Previdência Social é um direito garantido na Constituição do Brasil. Encontra-se entre os maiores sistemas do mundo, com uma cobertura acima de 53 milhões de trabalhadores. É gerida pelo Instituto Nacional de Seguro Social e, em novembro de 2014, pagou 27,7 milhões de benefícios, sendo que quase 20% desses benefícios corresponderam a benefícios por incapacidade laborativa. Um dos requisitos, para o reconhecimento de direito ao benefício por incapacidade laboral, é a avaliação pela perícia médica do INSS da existência/persistência da incapacidade laboral. O objetivo deste estudo é verificar se as diretrizes de apoio à decisão médico-pericial relativas às principais patologias, elaboradas pela autarquia, colaboraram na uniformização de condutas na área da perícia médica previdenciária no INSS. Foi realizado um levantamento das 20 patologias mais frequentes que geraram benefícios por incapacidade temporários em 2014. Foram selecionadas oito patologias cuja decisão médico-pericial estava bem delimitada, objetiva e com fixação de tempo para a recuperação da capacidade laborativa bem clara nas diretrizes publicadas. O resultado encontrado foi que as decisões médico-periciais não seguem as diretrizes em sua plenitude, e os tempos propostos pelos peritos médicos, na maioria das vezes, é superior ao estipulado nas mesmas. Além disso, se constatou que não houve uma melhora significativa dos tempos estipulados após a publicação das diretrizes nas patologias estudadas, exceto no caso de depressão grave, que atingiu 74% em 2013 e 2014, em consonância com as diretrizes. / Social Security benefits are granted to all citizens by the Brazilian Constitution. The Brazilian Social Security System is among the largest in the world, covering more than 53 million workers, and is under the management of the National Social Security Institute (INSS). Last November 2014, 27,7 million benefits were paid, of which almost 20% were due to incapacity to work. One of the major INSS requirements for the approval of labor incapacity claims is the evaluation of the claimants’ condition by a panel of INSS medical experts, which will assess whether the alleged incapacity condition exists or remains. This work aims to explore on how much the proposed guidelines have helped INSS medical experts to standardize their recommendations in face of similar claimant conditions. Twenty pathologies were investigated which were the most relevant causes for issuance of temporary work incapacity benefits in year 2014. Of those, eight were selected for further evaluation, for all of which medical assessment guidelines had already been issued, which include clear definitions as to the expected recovery time lapse. The study concluded that the medical evaluation panel decisions do not fully comply with the approved INSS parameters and that the expected recovery times were in most cases set longer than those specified in the guidelines. It was also found that the issuing of guidelines did not lead to a significant curtailment in the number of days allowed for recovery, before returning to work, with the exception of the pathology “severe depression” which reached 74% in 2013 and 2014, in line with the respective guideline.

Analysis of work incapacity in the Czech Republic: trends and determinants Abstract The thesis addresses trends of work incapacity in the Czech Republic after the establishment of the independent Czech state on 1st January 1993 up to the present. In the theoretical part it focuses on the legislative changes affecting work incapacity during the period under study. Furthermore, it describes work incapacity using demographic indicators of work incapacity and focuses on the structure of work incapacity according to the international classification of diseases (MKN-10), according to the age, region, seasonal trends and occupational classification (CZ-ISCO). This part mainly shows the development of the average percentage of incapacity for work, terminated cases of incapacity for work per 100 000 insured people and the analysis of the average length of incapacity for work. The next chapter is based on the advanced data analysis of the Labor Force Survey. The last chapter is dedicated to the international comparison of work incapacity. Keywords: temporary incapacity for work, terminated cases of incapacity for work, Czech Republic, sickness insurance, sickness rate, sickness benefit

Employee's Health Incapacity to Work and Legal Nature of Medical Certificates Abstract This thesis is named "Employee's Health Incapacity to Work and Legal Nature of Medical Certificates." Employee's health incapacity to work has significant consequences for the master-servant relationship and these consequences are visible in the areas of creation, modification and termination of the master-servant relationship. This incapacity can also have various causes and every cause can have different labour-law consequences. Employee's health incapacity can, however, be declared only by a medical certificate or by a decision of an administrative authority, which reviews the medical certificate. Only on the basis of the above mentioned medical certificate or decision of an administrative authority which reviews the medical certificate are the employer and employee entitled to actions predicted by legislation. In recent years, there has been a change in how medical certificates are viewed upon in terms of their legal nature. Today, medical certificates are not considered as legally binding, but only as a non-binding opinion. The objective of this thesis is to describe and analyse the legal regulation of medical certificates, with extra attention being paid to the legal nature of those certificates. The goal is also to...

Quando o ato de consumir deixa de ser normal? A questão é muito antiga e antiga também é a resposta, bem como a consequência jurídica. Muito embora, hoje, discorrer sobre a normalidade seja tarefa inglória, no que toca ao consumo, argumenta-se ainda, gastar muito, desordenadamente, sem finalidade, como um louco, em resumo, deixa de ser normal. Quem assim procede é denominado pródigo e o direito, historicamente, reduz sua capacidade de agir. Mas seria o pródigo alguém que, deliberadamente, gasta o que é seu, gozando da liberdade sobre seus atos e bens, ou o faz em decorrência de doença mental? Seria, assim, essa redução de capacidade imposta pelo direito, mera ficção pautada em regras morais ou necessária medida de proteção? Diversas e sempre inconclusivas foram as respostas. Posto que, mesmo sem uma conclusão, o debate tenha cessado e a doutrina atual só faz repetir as reflexões inconclusas do passado, o presente trabalho retoma a discussão sobre essa figura ainda enigmática através de um enfrentamento interdisciplinar. Direito, psiquiatria, sociologia e economia devem ser observados de forma conjunta para que se possa entender a prodigalidade, seja pelo inafastável respeito às liberdades individuais, seja pelas novas descobertas no campo da psiquiatria, uma ciência recente, como a identificação sintomática de gastos exacerbados em algumas doenças como o transtorno bipolar, seja pela nova cultura da sociedade de consumo, que colocou ponto final aos valores experimentados pela geração passada, seja, ainda, em decorrência das políticas governamentais de incentivo ao consumo. Tudo isso a demonstrar, por fim, a necessária revisão do tratamento jurídico dado ao pródigo. / When the consuming act ceases to be normal? The question is very old and ancient is also the answer as well is the legal consequence. Although talk about normality is an inglorious task today, when the matter is consumption, it is argued that spend a lot, disorderly, without purpose, like a madman, in short, this is abnormal. Who acts in that way is called spendthrift and, historically, has ability to act reduced by the law. Is the spendthrift someone who deliberately spend what is his, enjoying the freedom of his actions and possessions, or act in this way because of a mental illness? So is this ability to act reduction imposed by law a mere fiction grounded in moral rules or a necessary protective measure? The answers were diverse and always inconclusive. Since the debate has finished even without a final conclusion and the current doctrine only repeats the inconclusive reflections of the past, the present work takes up the discussion of this still enigmatic figure through an interdisciplinary confrontation. Law, psychiatry, sociology and economics should be observed jointly so that one can understand the prodigality respecting to the irremovable individual freedoms, the new discoveries in the psychiatric field, a new science, as, for example, the extravagant spending like a symptom in some diseases such as the bipolar disorder, the new consumer society culture, which placed end to the values experienced by the previous generation, and the government policies to stimulate consumption. All with the goal of demonstrating the necessary revision of the spendthrift legal treatment.

The article focuses on a new problem that requires an adequate legal answer that respects the rights of the persons with disabilities: are all persons with disabilities incapacitated for work? This question tries to make a critical assessment of the traditional systems of social security that assumed that any disability led to the end of the productive life. However, that differs completely from the view of the social model of disability that states that disability comes from the social barriers and not from the persons. If disability is not the same as incapacity to work, how and when should this latter figure be applied? The existence of both figures requires us to differentiate them. The hypothesis is that these figures are different but may coexist at the same time. / El presente artículo intentará enfocarse en una problemática que comienza a presentarse en la realidad y que requiere una respuesta jurídica adecuada y respetuosa de los derechos de las personas con discapacidad: ¿todas las personas con discapacidad tienen incapacidad para el trabajo? Esta pregunta busca realizar una valoración crítica de los tradicionales sistemas de seguridad social que entendieron que toda discapacidad llevaba al fin de la vida productiva. No obstante, esto confronta directamente los postulados del modelo social de la discapacidad que proclaman que las imposibilidades de las personas con discapacidad provienen de barreras sociales y no de las personas. Si la discapacidad no equivale a la incapacidad, ¿cómo debe entenderse y aplicarse dicha figura? La existencia de ambas figuras nos reta a plantear cuáles son las diferencias y similitudes entre ambas. Esta investigación se guía bajo la hipótesis de que ambos términos denotan situaciones distintas aunque estas pueden presentarse de manera simultánea.

The diploma thesis deals with the topic of insurance system in the Czech Republic and its transformations since 2009. Analysis of social and economic effect that was brought by alternation in legislation in code 187 / 2006 has become the objective of this work. The reasons for issuing the legislation alternation were struggles to change negative trends in sick insurance, to avoid unjustified costs and to ensure financial stability of the system. The introduction mentions theoretical concepts concerning the topic of the work and methods and procedures used while composing this diploma thesis. The area of the sick insurance is characterized by basic principles, terms and conditions in claim system and brief history of social protection institute in Czech Republic is also covered. The empiric part describes individual changes as a part of public finance reform. Specific impact on selected actors was subsequently analyzed. Three possible sceneries of resolving sick insurance issue are designed in the final part of the work.

This study focuses on the impact of legal representation in general as well as on CCMA proceedings involving unfair dismissals relating to conduction on capacity. The study also touches on the common law position before the enactment of Labour Relations Act 28 of 1956 and Labour Relations Act 66 of 1995. Rule 25 of CCMA rules which makes provision that legal representation at CCMA arbitration proceedings relating to fairness of dismissal and party has alleged that the reason for dismissal relates to the employees conduct on capacity, the party is not entitled to be represented by a legal practitioner. The dissertation analyses the effect of this provision on the Constitutional rights to legal representations well as rights relating to fair procedure. Refusal of legal representation in certain instances is justified in the right of legislative requirements on obligation placed particularly on the arbitrator legislative measures which, justifies refusal of legal representation at CCMA that cannot be imposed without giving consideration to the Constitution. The study will highlight the South African case on position with regards to legal representation at CCMA. A literature study will be done using current and researched sources such as textbooks, law journals, and legislation, case law, conferences papers and internet sources. Different rights will be weighed up through literature sources. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

This study focuses on the impact of legal representation in general as well as on CCMA proceedings involving unfair dismissals relating to conduction on capacity. The study also touches on the common law position before the enactment of Labour Relations Act 28 of 1956 and Labour Relations Act 66 of 1995. Rule 25 of CCMA rules which makes provision that legal representation at CCMA arbitration proceedings relating to fairness of dismissal and party has alleged that the reason for dismissal relates to the employees conduct on capacity, the party is not entitled to be represented by a legal practitioner. The dissertation analyses the effect of this provision on the Constitutional rights to legal representations well as rights relating to fair procedure. Refusal of legal representation in certain instances is justified in the right of legislative requirements on obligation placed particularly on the arbitrator legislative measures which, justifies refusal of legal representation at CCMA that cannot be imposed without giving consideration to the Constitution. The study will highlight the South African case on position with regards to legal representation at CCMA. A literature study will be done using current and researched sources such as textbooks, law journals, and legislation, case law, conferences papers and internet sources. Different rights will be weighed up through literature sources. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

Text in Afrikaans / Werknemers is benewens sekere hoogs uitsonderlike gevalle altyd voor ontslag op substantiewe - en prosessuele billikheid geregtig, hetsy in 'n individuele ofkollektiewe verband. Prosessuele billikheid in besonder het 'n inherente waarde, o.a. omdat die uiteinde van 'n proses nie voorspel kan word nie. Die werkgewer word ook daardeur in staat gestel om die feite te bekom, en arbeidsvrede word daardeur gehandhaaf. Van verdere belang vir prosessuele billikheid is die nakoming van eie of ooreengekome prosedures, die beskikbaarstelling van genoegsame inligting, voorafkennisgewing en bona fide optrede deur die werkgewer. Die primere remedie in die geval van 'n onbillike ontslag is herindiensstelling, alhoewel herindiensstelling nie in die geval van 'n prosessuele onbillike ontslag beveel behoort te word nie. Die riglyne soos in die verlede deur die howe en arbiters ontwikkel is grootliks in die Konsepwet op Arbeids= verhoudinge, soos bevestig in die Wet op Arbeidsverhoudinge, 1995, gekodifiseer. / Prior to dismissal employees are always entitled to substantive - and procedural fairness, be it in an individual or a collective context, subject to highly exceptional circumstances. Procedural fairness in particular has an inherent value, inter alia because the outcome of a process cannot be predicted. The employer also thereby establishes the facts and by conducting a process, labour peace is promoted. Also of importance for procedural fairness is adherance to own or agreed procedures, providing the employee with sufficient information, prior notification and bona fide conduct by the employer. The primary remedy in the case of an unfair dismissal is reinstatement, though reinstatement should not follow in the case of a dismissal which is (only) procedurally unfair. The guidelines as developed by the courts and arbitrators have largely been codified in the Draft Labour Relations Bill, as subsequently confirmed in the Labour Relations Act, 1995. / Mercentile Law / LL. M.