ESF:MPP_PPPP Labour Law - Course Information

MPP_PPPP Labour Law

Extent and Intensity

2/0/0. 4 credit(s). Type of Completion: zk (examination).

Teacher(s)

JUDr. Jana Mervartová (lecturer)
Carole LEFRANC-HAMONIAUX (lecturer)
Ing. Zuzana Kotherová, Ph.D. (assistant)

Guaranteed by

prof. JUDr. Miloslav Máša, DrSc.
Department of Law – Faculty of Economics and Administration
Contact Person: Ing. Šárka Horáková
Supplier department: Department of Law – Faculty of Economics and Administration

Timetable

Tue 9:20–12:45 S307

Prerequisites

! PPPP Labour Law
The course builds on the basic knowledge and skills in the area teory of the law.
Students get the knowledge in the Basic Law course.

Course Enrolment Limitations

The course is only offered to the students of the study fields the course is directly associated with.

fields of study / plans the course is directly associated with

• Public Administration (programme ESF, N-HPS)

Course objectives

Labour law is one of the law branches of the Czech system of law. It comprises a complex of legal norms regulating labour relations that arise between employers and employees. The goal of the regulation is particularly the realization of an individual's right for a job, and setting up basic working conditions, rights and duties of labour-law relations participants. The objective of the course is to make students familiar with basic institutes of labour law and provide them with a survey of valid legal regulations in this field.

At the end of this course students will:
- be able to study labour-law regulations;
- become familiar with respective legal norms;
- be able to draft certain labour-law documents;
- be able to resolve possible labour problems in practice.

Syllabus

• One topic per week:
• 1.Introduction to labour law
• - principles of labour law in connection with Charter of basic rights and freedoms (Convention no. 111 WLO dealing with a ban on job and profession discrimination, regulation of Council no. 76/207/EEC on the implementation of equal treatment for men and women)
• - Conventions by the International Labour Organisation, EU regulations on legal form convergence
• - domestic sources, their amendments, new conception of the Labour Code
• 2. Subjects of labour law
• - labour-law competence of employees, employees as members of a statutory body of a trading company
• - employers – differences between an individual and a corporate body
• - employer's rights and duties in the course of employment
• - written documents submitted by an employee when entering employment
• 3. Employment, origination, changes
• - election, appointment, managerial contract
• - examples of labour contracts, their essentials – legal and agreed (emphasis on probation and chaining of a certain lifetime)
• - types of changes in employment (transfer, displacement)
• 4. Termination of employment
• - ways of termination
• - cases of a notice to quit with an application of notice reasons used in practice
• - legal action for determining nullity of an employment termination
• - compensation money, certificate of employment
• 5. Additional labour-law relations
• - differences between contracts for work carried out outside an employment
• - practicalities of enetring into an agreement for company's practice
• - performance of additional work as another gainful activity (law of cross interests)
• 6. Working time
• - length and apportionment of working time
• - use of flexi time in a company
• - regulation of overtime limits and its remuneration (EU regulation no. 93/104/EC)
• - breaks at work, incessant rest between shifts and within a week
• - significance of a working time account in the new Labour Code
• 7. Recovery holiday
• - basic determination of a holiday and other determinations of a holiday in a business and non-business sphere
• - calculation of a proportion of a holiday for the time of a year spent by working
• - terms of going for a holiday, possibility of a transfer of unused holiday
• 8. Remuneration for work
• - differences between a wage and a salary
• - minimum wage and minimum wage tariffs in comparison with the substinence minimum
• - protection of employees in cases of an employer's insolvency (regulation 2002/74/EC)
• - unpaid wage claims and their exercising in connection with the insolvency law
• - governmental regulation 330/2003 on wage rates of employees in public services and administration
• 9.Safety and health protection at work
• - risk prevention (regulation 89/391/EEC)
• - requirements for a workplace and working environment – governmental regulation 178/2001 Coll.
• - work injuries registration – governmental regulation 494/2001 Coll.
• - regulation of smoking ban and alcohol consumption at workplaces
• - working conditions for women, banned work
• - law 251/2005 Coll., about work inspection
• 10. Employee's and employer's liability for damages
• - liability function
• - terms for an origination of liability for damages, differences from civil law
• - employee's general liability, compensatory damages
• - agreement on material responsibility in a company practice
• - compensation for work injuries and professional diseases, conversion to the concept of law on casualty insurance with the Czech Social Security Administration
• 11. Collective bargaining
• - function and structure of labour unions, tripartite
• - foundation of unions and European Councels of Employees
• - making collective treaties, solving collective disputes
• - strike in the concept of the Czech legal order
• 12. Legal regulation of employment
• - WLO Convention no. 168 on employment support
• - tools of active policy in employment and their implementation in regions
• - problems of illegal work
• - right for employment
• - procedure for work mediation at employment offices
• - conditions for getting an unemployment benefit and its amount
• - agency employment
• - employing people with disabilities (WLO Convention no. 159), working physiotherapy, protected working position and a protected working workshop, allowance for employment support, employer's payments for employees
• 13. Labour law in the European Communities
• - free movement of labour force and sending employees within the EU (Council regulation no. 1612/68 on free movement of workers within the community)
• - member states' administrative requirements, legalisation of stay, employment of EU citizens and foreigners in the Czech Republic
• - bilateral agreements in the field of social security
• - Eures system

Literature

required literature
• Mervartová, J. Studijní texty „Pracovní právo“. ESF 2012. Portál výuky právních předmětů ESF: Webová adresa: pravoesf.econ.muni.cz. Oprávnění ke vstupu do webové aplikace je k dispozici ve Stud. materiálech předmětu v IS ESF MU.
• Mervartová, J. Pracovní právo. Distanční studijní opora, ESF MU, Brno, 2008, ISBN 80-210-3383

recommended literature
• Bělina,, M. Pracovní právo. 2.dopl. a přeprac. vyd. Praha : C.H.BECH, 2007. 475 s. ISBN 80-7179-521-6
• GALVAS,, M. Pracovní právo. 2.aktual. a dopl. vyd. Brno: Masarykova univerzita, 2004, 671 pp. ISBN 80-210-358-7. info

Teaching methods

The course takes the form of lectures.

Assessment methods

The course finishes with a written exam.

Language of instruction

Czech

Further comments (probably available only in Czech)

The course is taught annually.
General note: Část výuky probíhá ve francouzštině. Nezapisují si studenti, kteří absolvovali předmět PPPP.

• Enrolment Statistics (Spring 2013, recent)
  
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