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Rozvázání pracovního poměru ze strany zaměstnavatele / Termination of employment by employerPlašil, Jakub January 2014 (has links)
My dissertation´s topic is termination of employment from employer´s side. It includes determination of possibilities and recommendations how to properly terminate employment with employer without any legal consequences in practice. The basic terms in relation to given topic such as employment, importance of employment contract, its requirements and participants of labor-law relations are defined and described in first part of dissertation. Next part deals with termination of employment methods and compares mutual differences. It also takes reasons leading to termination of employment by employer into account. Practical part of dissertation is aimed at the issue of termination of employment by employer in chosen company. The process evaluation of this termination is performed both from general and company´s point of view in dissertation´s next part. Assessment and evaluation of legal reasons for termination of employment is present in the last part, in which the actual problems of dismissing employees are solved with help of real court decisions.
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Právní úkony směřující ke skončení pracovního poměru / Legal acts aimed at the termination of employmentMrázková, Hana January 2012 (has links)
TITLE: Legal Acts Aimed at the Termination of Employment SUMMARY: The reason why I choose for my thesis the theme Legal Acts Aimed at the Termination of Employment is that I think that this theme is very topic and important. I suppose that almost everybody has experience with termination of employment but not everybody knows the effective legal regulation. The purpose and goal of my thesis is to summarize the effective legal regulation of legal acts aimed at the termination of employment regarding to substantial changes which contains the amendment of Labour Code No. 365/2011 Coll., and to point to various problems and disputed questions which might arise in the practice of law. In the conclusion I try to evaluate the effective legal regulation of legal acts at the termination of employment and to propose some possible changes of this legal regulation. The thesis is consists of seven chapters, introductory and conclusion. Most of them dealing with different types of legal acts aimed at the termination of employment. I pay attention to legal regulation of the delivering of these legal acts and to problems of legal claims concerning the invalid termination of employment as well. In the introductory I would like to explain why I chose as a theme of my thesis Legal Acts Aimed at the Termination of Employment. I...
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Skončení pracovního poměru v mezinárodním srovnání - komparace ČR a SR / Termination of employment in an international comparison - a comparison of the CR and the SRŠvecová, Lucia January 2011 (has links)
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...
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Strategie flexikurity při skončení pracovního poměru v právní úpravě České republiky a Švédského království / Strategy of Flexicurity in the Termination of the Employment contract in the Legislation of the Czech Republic and the Kingdom of SwedenRandová, Jana January 2015 (has links)
The thesis deals with the concept of flexicurity and its effects in the termination of the employment contract in the Czech Republic and the Kingdom of Sweden. The main aim of the thesis is to describe and compare both legislations from flexicurity perspective and suggest changes in the czech legislation. Strategy of flexicurity is one of the most discussed topics not only in the field of labour law but also in the field of social security systems and active labour market policies during the past few years. The concept of flexicurity can in a simplified way be characterized as a policy approach that tries to combine the flexibility of labor markets and job security for employees. According to the experts, flexicurity could help solve issues such as globalization or effects of economic crisis and higher unemployment occured due to the crisis. The thesis is composed of five chapters, each of them dealing with different aspect of the concept of flexicurity and its application in the Czech Reoublic and the Kingdom of Sweden. Chapter One defines and explaines the concept of flexicurity as such, followed by examples of succesful European flexicurity models. The chapter concludes with a brief outline of current development of flexicurity at European level. Chapter Two describes the individual components...
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Smluvní závazkové vztahy v mezinárodním právu soukromém / Contractual obligations in private international lawGospodinová, Vanda January 2015 (has links)
80 Summary The theme of this thesis is "Contractual Obligations in Private International Law" and the subtopic is "Employment contract". Within such a defined theme, the thesis examines how Czech courts interpret employment contracts established under the US law. The first chapter outlines the different conceptions of the law in the Czech Republic and the United States of America as a result of different legal and historical development. The second chapter discusses the Czech Private International Law and its position within the Czech Private Law, because a Czech court basically applies Czech conflict rules. The third chapter focuses on two particular disputes of private relationships with an international elements that Czech courts discussed and decided. The subject of both disputes were to assess the termination of employment and other related issues. The aim of the last chapter is to consider these disputes in the light of current legislation. In order to do that I apply Act on Private International Law, as well as Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis), then Act on Private International and Procedure and the US Labour Law. Furthermore, I also apply mandatory rules of Regulation on the law applicable to contractual...
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Povinnosti zaměstnavatele při skončení pracovního poměru / Obligations of the Employer upon Termination of the EmploymentKonfršt, Oldřich January 2014 (has links)
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...
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Výpověď z pracovního poměru / The notice of terminationŠkopek, Petr January 2013 (has links)
The purpose of the thesis is to provide a summary of the legal regulation and to point out legal problems connected with the Notice of termination in the Czech Republic. The thesis is composed of eleven chapters, the introduction and the conclusion. Chapter One is introductory and defines concept and position of Labour law in the system of law in the Czech Republic and function of Labour law. Chapter Two examines, in general relation, between Civil law and Labour law. In chapter Three, author tries to explain legal regulation of legal acts. The chapter consists of two parts. Part one focuses on legal regulation of legal acts in the Civil Code and Part two focuses on legal regulation of legal acts in the Labour Code. Chapter Four describes basic principles of Labour law. In chapter Five is short excursion to the history of labour legislation in our territory. This chapter is divided into three subchapters according to some important historical events of our labour legislation. Chapter Six concentrates on domestic source of law in the area of notice of termination. This chapter is divided into three parts. First part is about constitutional acts, second part is about statutes and third part is about case law in the Czech Republic. In chapter Seven are described international source of law in the area...
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Výpověď z pracovního poměru ve vybraných členských státech EU / Notice of termination of employment in selected EU member statesMihálik, Matej January 2014 (has links)
Notice of termination of employment in selected EU member states The aim of this thesis is comparison of legal regulation of the notice of termination of employment in three legal systems within the EU: Slovak, English and Swedish. The thesis deals with the notices of employers and in the conclusion it contains comparison and evaluation of the legal systems. The thesis comprises four chapters. The first chapter deals with international and european legal regulation of employment termination, in particular regulation of notice of termination. The chapter contains description of international treaties and conventions concluded mainly within International Labour Organisation as well as european legal regulations and directives dealing with this matter. The second chapter deals with the Slovak regulation. At the beginning, it starts with general description of employment termination, it continues with the general requirements on notice and notice period. In the next part, the chapter describes specific notice reasons, special duties of the employer during the termination of employment and ban on the dismissal for protected groups of employees. The final part of the chapter focuses on the remedies of an employee in the case the notice of termination is declared invalid. The third chapter contains the...
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Skončení pracovního poměru v českém a anglickém právu / Termination of Employment in Czech and English Legal SystemVochtová, Tereza January 2013 (has links)
Termination of employment in Czech and English law This final thesis deals with the subject of termination of employment in the Czech Republic and England. The comparison is of interest for two main reasons. The first reason is a difference in the level of regulation of the labour market in England and the Czech Republic. England has the least regulated labour market in the European Union and the third least regulated labour market in the world. The Czech Republic on the other hand has one of the most tightly regulated labour markets in the world. The second reason of interest is that there is a fundamental difference in the legal culture in both countries. England is the birthplace of the Anglo-American legal culture, and the Czech Republic is the perfect example of the continental legal culture. These reasons are a reflection of the fundamentally different ways in which the English and Czech employment law and its instruments evolved. There are three main parts of the thesis. The first part of the thesis describes the legal ways in which the employment relationship may be terminated in the Czech Republic. Every single way of terminating the employment relationship is enshrined in the Czech Labour Code. These include legal acts, legal facts and official decisions. Much of the first part of the final thesis...
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Ochrana zaměstnance při skončení pracovního poměru / Protection of Employees upon Termination of the EmploymentBenešová, Lucie January 2016 (has links)
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...
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