TITLE: Types Of Employment Termination SUMMARY: First of all I would like to answer the basic question why the theme of my thesis is Types Of Employment Termination. I assume that everyone has an experience with an employment and in consequence with employment termination so this theme is relevant for everyone, but not everyone knows the effective legal regulation. The aim of the thesis is to explain and summarize effective legal regulation of the labour law and also focus on controversial points. I made an effort at the conclusion to point out couple of disputed issues and to propose several amendments. The thesis is composed of six parts, introductory and conclusion. Most of them dealing with different types of employment termination, and the others look at related obligations and claims in case of invalidity of employment termination. In introductory of my thesis I explain why I choose exactly the theme about employment termination, mention how the thesis is systematically divided and what the parts are about. In part One I try to focus on employment termination generally and explain its basic terminology. Part Two is divided into several subparts. First subpart is concerned with an agreement on employment termination. Second subpart relates to a notice generally, notice period, notice given by an...

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 diploma thesis deals with the topic of the notice of termination of employment in the Czech labour law. The thesis sets out multiple primary goals. The first goal is to introduce the reader to the context of the legal framework of the notice of termination of employment, including an analysis of selected case law relevant to the topic. The second goal is to provide a comparative outline via the exploration of Belgian labour law and its legal regulation of the notice of termination of employment. Thirdly, the author reflects the findings gathered throughout the thesis and offers some amendments de lege ferenda. The diploma thesis is divided into eleven parts. The first three parts relate to the general description of the matter - the first is devoted to the labour law in the context of the legal system of the Czech Republic, the second is devoted to specific characteristics of an employment relationship and its subject and object. The third part discusses the termination of employment in general and it also takes into account the strategy of flexicurity. The fourth part aims at enlightening the effect of the international law and the law of the European Union on the legal regulation of the notice of termination of employment. The fifth part is devoted to the notice of termination of employment...

76 ABSTRACT Modes of termination of employment Termination of employment is a legal concept, which leads to the termination of basic employment relationship between employer and employee - for termination of employment. Employment could be terminated in several ways, which are listed in the Labour Code. Therefore I decided to describe general the various ways, and then I will deal with just one of them - the immediate termination of employment. The immediate termination of employment is exceptional way how to terminate the employment. It regards to one-sided legal act by which the employment can be terminated quite exceptionally. This instrument can be used by employer and by employee as well. But because it regards to significant interference with working contract, the employment can be ended only by realizable strict conditions which are determined by law. My paper work is divided into nine chapters, in every of these chapters I am dedicating to different aspects. In first chapter I have tried to define the conception, function and position of working law, as well as to describe the relationship between the labour code and new code of civil law. The second chapter describes what is working contract and especially how it is possible to end it and the third chapter is devoted to various ways of termination...

The aim of this thesis is to analyze current legislation of notice of termination and refer to some of the questionable area of this termination. The thesis also offers some of the proposals of amendments de lege ferenda. Reasons of these proposals are that notice of termination of employment as unilateral legal act brings negative aftermath mainly for employee, but in some cases also for employer and legislation should prevent these negative effects or at least minimized them. The thesis is divided into seven chapters. The first chapter deals with position of labor law and his relationship with the civil law, due to subsidiary using of the civil code. The second chapter describes the legal facts that lead to the notice of termination, with an emphasis on legal act, because notice of termination is an unilateral legal act which must fulfill the statutory requirements. The third chapter discusses national and international sources of law of regulation of notice of termination. The main part of the thesis is contained in chapter four, which deals with the current legislation of notice of termination. This chapter, with the help of the case law, deals with formal and content page of notice of termination, her delivery, notice of termination by employees and employers, prohibiting the possibility of...

The dissertation discusses problems of redundancy payments and other forms of compensation under labour law. Its focus is to describe in depth the current Czech law system's range of compensation which is related to employment termination. Every termination of employment comes with certain rights as well as obligations for either the employer or the employee. Among some of the obligations, provisions of different types of compensation are found, to which the rights are gained by termination of labour relations that are implied by the law as well as the agreement made by both sides. This dissertation is divided into five chapters. The introduction describes the labour law in general, because labour relations are ones of the most fundamental law relations in the life of almost every person. In the second chapter, we encounter the main topic of this dissertation - redundancy payments issues, what is their purpose, how one's rights to the payment are gained, on what legal grounds, what is the amount paid in specific cases of employment termination, and how it is calculated. The third chapter focuses on a specific clause and qualification agreement on improvement and deepening knowledge, and related labour compensation. Subsequently, in the fourth chapter, I discuss the severance issues as another...

In this Master's thesis there is discussed the subject of redundancy payment and other forms of compensation in labour-law relations. In individual chapters there are described different types of compensation, which the current labour law knows and at the same time there are mentioned even compensations for which employees shall have the right according to the previous legislation. Only marginally there are mentioned compensation provided within the civil service. The Master's thesis is divide into seven chapters. In the first chapter there is performed the systematic classification of compensations, which corresponds with the content of this thesis. Second chapter is focused on the general matters connected with severance payment such as the origin of claim for redundancy payment, difference between contractual and statutory redundancy payment, paying of redundancy payment or return of redundancy payment. There is perform also the comparison with redundancy payment according to the Act No. 65/1965 Coll., Labour Code in effect until 31st December 2006. Third chapter is focused on manners of the termination of labour relation establishing the claim for redundancy payment. In detail there are analysed manners of the termination of labour relation by an employer and termination of labour relation by...

Resumé Die Beendigung des Arbeitsverhältnisses in der Tschechischen Republik Das Thema dieser Diplomarbeit ist die Beendigung des Arbeitsverhältnisses in der Tschechischen Republik, also mit dem Ziel die Verfahren der Arbeitsverhältnisbeendigung und auch die Rechtsregelung im Zusammenhang mit der Arbeitnehmerschutz und der Vertragsfreiheit, die das Arbeitsgesetzbuch gewährleistet, zu erklären. Die Diplomarbeit gliedert sich in 4 Themenkapitel. Am Anfang gibt es den historischen Exkurs ins Arbeitsrecht, von Beginn seiner Entwicklung bis zur Gegenwart. Im Hinblick auf die internationale Zusammenarbeit und Verpflichtungen der Tschechischen Republik enthält diese Diplomarbeit auch das Kapitel betreffend das Arbeitsrecht im internationalen Kontext, also im Rahmen der internationalen Organisationen und von ihnen abgeschlossenen Vereinbarungen. Weiter kommt das Kapitel über die Arbeitsverhältnisse, hier beschäftige ich mich mit ihren allgemeinen Eigenschaften und ihren einzelnen Merkmalen (das Subjekt, das Objekt und der Inhalt des Arbeitsverhätnisses). Mit diesem Thema steht im engen Zusammenhang auch der Bereich der Arbeitsverhältnisentstehung und seiner Änderung. Das Hauptkapitel der Diplomarbeit ist das letzte Kapitel enthaltende die Erklärung zu den einzelnen Verfahren der Beendigung von Arbeitsverhältnissen....

The master's thesis deals with redundancy payment and other compensations that result from labour relations and service relations. The main task is a description of redundancy payment and notice reasons related to redundancy payment. The thesis describes redundancy payment in the Slovak Republic and compares it with redundancy payment in the Czech Republic. Compensation in the service relationship and officials of territorial self-governing units are discussed. The case law of the Supreme Court is included. The diploma thesis is divided into four chapters. The termination of employment is discussed in the first chapter. The chapter focuses on legal action towards termination of employment. The reasons for termination of employment under the Labour Code related to redundancy payment are described. The second chapter focuses on redundancy payment as the main topic of the thesis. The chapter contains definition and purpose of redundancy payment. The legal redundancy payment and its amount are defined. Further, the calculation of redundancy payment is explained. There is also an explanation of contractual redundancy payment where the parties can agree on redundancy payment. The third chapter describes the termination of employment, redundancy payment under the Slovak Labour Code. It also compares the...

This thesis deals with the various manners of termination of an employment relationship according to the laws of the Czech Republic and compares them with the legal regulation of the same or similar manners of termination of an employment relationship in the laws of the Austrian Republic. The thesis is divided into four main parts. The first part deals with the system of Austrian employment regulations. The second part of the thesis is dedicated to the concept of termination of an employment relationship in general and it divides the ways of termination of employment relationship into two basic groups; in particular, the first group is termination of employment relationship based on legal acts and the second group is termination of employment relationship based on legal event. Further, the second part of this thesis discusses the terms employer and employee. The third part of this thesis is devoted to individual legal acts based on which in the Austrian and Czech laws an employment relationship can be terminated which is a termination agreement, termination by notice, immediate cancellation of an employment relationship, respectively exit from employment relationship (in German: Austritt) and dismissal from employment (in German: Entlassung), cancellation of employment relationship during a...