Flexicurity in the Netherlands - possible implementation of the concept in comparative perspective This diploma thesis deals with the concept of Flexicurity in the European and Dutch context with possible implications for the Czech Labour Law. The first part is concerned with a short historical overview of the matter, discovering presence of the notion of flexible and secure Labour arrangements in the contemporary Czech legislation. Second part analyses the understanding of Flexicurity as a strategy on European level, promoted in an open method of coordination. The next part focuses on the theoretical concept of security and flexibility of the Labour relations, inevitably combining these integral parts in the strategy of Flexicurity. Dutch concept of Flexicurity, heavily diverging from the former Danish model, is the main focus of the fourth chapter. The Dutch regulation is approached with keen focus on ideas which were behind the recodification. Central pieces of legislation are discussed. Sample areas with importance for the comparison are selected from Czech and Dutch legal systems and then considered in detail in the fifth part. Position of Trade Unions, job security with regards to protection from dismissal and use of atypical labour contracts are compared and analyzed. The main differences...

The purpose of my thesis is to compare the legal regulation of notice of termination of employment in the legal systems of the Czech Republic and Slovakia. The thesis consists of the introduction, conclusion and six chapters, each of which contains a comparison of various aspects of the two regulations. The introduction sets out the reasons for which I chose this topic and the method of processing my thesis. The first chapter characterises notice in general, its cancellation and requirements, i.e. the written form and the delivery of the notice. The second chapter focuses on the notice given by an employee and on particularities of the Czech regulation of the notice related to the transfer of rights and obligations arising from the employment relationship and the counterpart of such notice in Slovak labour law, which is the termination by agreement. Notice given by the employer is discussed in the third chapter. This chapter consists of three parts. The first part highlights the comparison of individual reasons of the notice, the second focuses on cases in which the notice is prohibited, and the third on the substantive conditions of the notice. The fourth chapter is divided into two parts. The first part discusses the differences in the regulation of redundancy payment accordance to the Labour...

This thesis deals with the issue of personal law of employees. Above all, it focuses on protection of personal data, monitoring employees at workspace via camera systems and checking upon their e-mail communication or examining logs of websites. The work is divided into seven chapters, few of which are further separated to subchapters. The first half of the work is dedicated to theory; the following chapters describe the specific cases of interference into employees' privacy. The first chapter pictures history of law adjustment in the sphere of protection of privacy, respectively protection of personal data, which reaches not too far since its first development started after the Second World War. The second chapter contains definitions of the basic terms which are related to protection of personal data, for example the term personal data itself, subject of data or trustee and exekutor. In the third chapter there are the roots of laws to be found. This chapter is further divided to subchapters distinguishing particular types of law sources from the international, European and national sphere. The next, fourth chapter, describes the relation between personal data protection and labour law. It handles personal data processing in each phase of labour-law relations in separated subchapters, including the...

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 purpose of my thesis called Employment of EU Citizens in Spain and in the Czech Republic is to describe and analyze the legislation regarding employment of EU citizens in Spain and to compare it with the legislation in the Czech Republic. In relation to the selected topic I also briefly analyze the current situation at Spanish labour market after it has been severely influenced by the global economic crisis. The reason for my research is the fact that I consider migration within the EU a very actual topic and a dynamic field which keeps continuously developing. As the topic is considerably vast, I preferred to focus only on the selected countries. The thesis is composed of four chapters, each of them dealing with different aspects of employment in Spain and related issues. Chapter One is introductory and defines basic terminology used in the thesis. It provides explanation of the basic principles the employment in EU is based on. The chapter is subdivided into three parts. Part One describes the basic terms and explains them in the context of the topic of my thesis. Part Two deals with the principle of free movement of persons within the EU and Part Three briefly describes the EU's social policy and its policy of employment. Chapter Two examines the current situation at the Spanish labour...

The dissertation "Social policy of the EU and its impact on czech legislation" is dealing with the problem of the European social policy, as a policy with shared competences (that means that there are shared competences - between national states and it's authorities and the EU 's authorities), and it's increasing impact on the czech legislation. This growing influence of EU's authorities and EU primary and secondary law is caused by the czech EU membership (originated in 2004). In this dissertation, there were set two main goals. First of these two aims is to find out, in whitch scale is the czech legislation influenced by European Union's law, especially in the field of social policy. The second aim is to present particular changes and modifications of czech nation law, caused by the EU secondary law - by the regulations and implemented directives. The research methods used in this dissertation were: The European primary law analysis, witch led to the findings about the scale of EU authorities competences, in sence of czech national law transformation. The second half of this dissertation used the method of comparison. There were compared two labour law codes - the labour law code number 65/1965 and labour law code number 262/2006. As we should be able to find out, which chnages brought EU primary law, and...

This thesis deals with personal data protection, it focuses on labour law relationships, in particular. The aim of the thesis is to analyze regulation of personal data protection; also, the paper elaborates on difficulties that could be caused by the processing of personal data of employee on the part of employer. The first section of the thesis discusses general basis which represents a solution to concrete cases that are mentioned in the second part. The first two chapters examine sources of the regulation of personal data protection on both levels - on a statutory and constitutional level and also on an international and the European Union level. The third chapter deals with the Office for Personal Data Protection and with its scope of activity, in particular. The following three chapters specify particular definitions and introduce legal regulation of the rights of a data subject on the one hand, and the obligations of a controller or a processor on the other hand. In the general part, a few examples of the processing of personal data by an employer can be found. Those examples are mentioned there to clarify unclear concepts and their definitions. The aim of the last chapter is to capture a range of possible examples of the processing of personal data, which can take place and actually does...

Notice of termination of employment in selected EU member states The diploma thesis analyses the legal regulation of notice of termination from employer's side in the Czech Republic and its comparison with Austrian and German legal regulation of the same institute. Thanks to the comparison it will be possible to reach the aim of the thesis which is to find out how social is the Czech attitude regarding this topic and to discover all the possible differences and similarities among all the three legal regulations. The first chapter serves as an introduction to the particular national labour legal provisions including the development and describes the main sources of law concerning the labour law. The pivotal chapter concentrates on individual reasons for dismissal under section 52 of the Czech Labour Code to which the thesis searches for the same or similar legal regulation within the other two legal systems. This chapter is divided into the subchapters as every of them focuses on one group of reasons for dismissal. At the end of each subchapter examples from Austria and Germany are given which prove differences and similarities among the three legal systems. This logic of subchapter arrangement enables easier understanding of individual reasons for dismissal and their examples in all the three...

The topic of this final thesis is protection of personal rights of employee in general. The author of this work intends to describe legal regulation of protection of personal rights in labour Law in Czech Republic. Thesis is divided into three main chapters, while some of them are further divided into more detailed subchapters. The first chapter is mainly focused on general description of personal rights in the field of constitutional law. These articles are essential for the further legal regulation. Afterwards follows more detailed description of certain articles which are connected with the topic of this final thesis from Charter of Fundamental Rights and Freedoms. Then we can also find defined legislation included in Civil Code, with an accent to subsidiary relation between Labour Code and Civil Code. The main part is dedicated to legal protection in labour law. That means regulation of relations formed between the employer and the employee. A big emphasis is given to the term "privacy" and the term privacy at the workplace in particular. Furthermore is the thesis focused on monitoring employees at workplace and also describes the conflict of two fundamental human rights - the employee's right to privacy and the employer's right to own and protect his or her property. Subchapters are then aimed...

The submitted thesis deals with personal data protection in the context of labour-law relationships. This is an actual and discussed issue in current society, which has constitutional aspects as well. Due to the extensiveness of the topic, the aim of this thesis is not giving a comprehensive explanation of the personal data protection in labour-law relationships area. My effort is to perform the reader with this issue from the general introduction including a survey of the legislation and explanation of main concepts to outlining the fundamental principles of the legislation and focusing more thoroughly on the several selected questions. The thesis itself is divided into four chapters. In my thesis I am trying to point out to the most important court decisions and also the opinions of The Office for Personal Data Protection and The Article 29 Working Party. In the first chapter I deal with the concept of privacy, because I consider it to be a "foundation stone" of the whole issue of personal data protection. This chapter demonstrates how the concept of privacy has developed in the course of time, in the next chapter the legislation of privacy protection and, as well, a conflict with other values are pointed out. In the second chapter I focus on the legislation of privacy and personal data...