scholarly journals Návrh nové právní úpravy zákoníku práce v otázce přechodu práv a povinností z pracovněprávních vztahů

2021 ◽  
Vol 6 (1) ◽  
pp. 53-64
Author(s):  
Jiří Novotný
Keyword(s):  
Czech Republic ◽  
Labor Relations ◽  
Case Law ◽  
Legal Regulation ◽  
The Czech Republic ◽  
Employment Relationships ◽  
National Legislation ◽  
Eu Legislation ◽  
The Government ◽  
Chamber Of Deputies

On 2 January 2020, the Government of the Czech Republic submitted a bill to the Chamber of Deputies amending the Labor Code. The bill was sent to deputies as press 689/0 on 2 January 2020. The proposed amendment to the Labor Code was compiled by the Ministry of Labor and Social Aff airs of the Czech Republic, among other objectives, with the aim of achieving compliance with national legislation with EU regulations and case law. The proposed amendment to the Labor Code should explicitly regulate the conditions for the transfer of the employer's activities, and further specify the conditions for giving notice by an employee pursuant to Section 51a of the Labor Code when transferring rights and obligations from employment relationships. It is precisely in the issue of conditions for the transfer of the employer's activities that the current legal regulation has been repeatedly criticized due to insuffi cient use of EU legislation for the national legal regulation of the transfer of rights and obligations from labor relations.

Adversary Voting in the Czech Chamber of Deputies (1993–2013)

2017 ◽  
Vol 13 (1) ◽  
pp. 99-122
Author(s):  
Petr Dvořák
Keyword(s):  
Time Series ◽  
Czech Republic ◽  
Success Rate ◽  
Major Change ◽  
The Czech Republic ◽  
Discrimination Capacity ◽  
High Concentrations ◽  
The Government ◽  
Chamber Of Deputies

AbstractThe paper explores the legislative unity of government and opposition blocs in the Czech Chamber of Deputies over a period of 20 years. As voting unity is usually rather low in the Czech Republic, temporarily high concentrations of votes by these blocs are linked to higher rates of conflict between the government and opposition. I use the Rice and UNITY indices to compare average unity scores of individual cabinets and also explorative time series of unity vectors in order to analyse bloc concentration, success rate, and increased conflict. The outcomes are relevant both as comprising a case study and methodological observations: (1) Broad differences in the logic of interaction are confirmed (e.g. caretaker cabinets show less conflict than standard cabinets). Although no universal trend (e.g. no transition from consensual to conflictual practice) is found, the Czech opposition became more concentrated and resorted to serial blocking tactics in the second decade; thus, a major change of behavior occurred after all. (2) The Rice and UNITY indices correlate considerably; UNITY’s discrimination capacity is not distorted significantly despite the nature of equilibria in the Chamber. Moreover; the UNITY index is able to easily distinguish contested votes not detectable by the Rice index alone.

scholarly journals Statutory Bar on the Right to Exercise a Mortgage Under the Conditions Applicable in the Slovak Republic and Comparison with the Legal Regulation of the Czech Republic

2021 ◽  
Vol 12 (3) ◽  
pp. 224-238
Author(s):  
Nikola Pacalajová ◽  
Martin Kubinec
Keyword(s):  
Czech Republic ◽  
Real Estate ◽  
Slovak Republic ◽  
Case Law ◽  
Legal Regulation ◽  
Judicial Activism ◽  
Public Records ◽  
The Czech Republic ◽  
The Real Estate ◽  
The Right

Abstract Based on the analysis and comparison of legal regulation and existing case law, the authors present in the paper their opinion on the issue of deleting mortgage with statute-barred claim from public records (Land Registry). The Slovak legal regulation, in contrast with the Czech one, does not include an explicit provision enabling the deletion of mortgage with statute-barred claim from Land Registry. Taking into consideration the aspect of justice, the authors reached the conclusion that even without a normative platform, it is necessary to allow the mortgagor to apply to court to determine that the real estate is not mortgaged and subsequently use the court’s decision as a basis for deletion. However, since the courts decide in this case, using judicial activism, knowingly contrary to the purpose and content of the institute of statutory bar, the authors consider it essential that legislation be adopted as soon as possible to regulate this situation.

Urážka prezidenta republiky po roce 1945 až do současnosti

2021 ◽  
Author(s):  
Pavel Vetešník
Keyword(s):  
Czech Republic ◽  
Criminal Law ◽  
Case Law ◽  
Legal Regulation ◽  
Legal Regulations ◽  
Related Case ◽  
The Czech Republic ◽  
The Republic ◽  
Definition Of ◽  
The Individual

The article deals with the definition of the legal regulation of insult of the President of the Republic and its punishment in the territory of the Czech Republic after 1945 up to the present. Due to the fact that such a definition has not always been made exclusively by legislation of a criminal law nature, the contribution will also focus on legislation of an administrative and private nature. During the elaboration of the contribution, mainly explanatory memoranda to the laws that introduced, changed or deleted the legal regulation of insulting the President of the Republic will be drawn. Periodical comments explaining the individual starting points of these legal regulations and related case law will also be a necessary helper. This will show an overall view of the legal regulation of insults of the President of the Republic in the period under review.

scholarly journals The Rules and Practice of the Investiture Vote in the Czech Republic

2011 ◽  
Vol 11 (2) ◽  
pp. 43-62
Author(s):  
Robert Zbíral
Keyword(s):  
Czech Republic ◽  
Political Practice ◽  
The Czech Republic ◽  
Legal Situation ◽  
The Government ◽  
Chamber Of Deputies

Abstract Text analyzes in detail legal situation dealing with the Czech government investiture vote. Constitutional foundations are tested against political practice, which is oft en quite different. The Results confirms the construction of investiture vote is less important that notorious weakness of the government majority in the Chamber of Deputies.

Office Allocation in the Czech Government and Chamber of Deputies in Light of Coalition Theory

2011 ◽  
Vol 7 (1) ◽  
Author(s):  
Petra Svačinová ◽  
Roman Chytilek
Keyword(s):  
Czech Republic ◽  
Theoretical Discussion ◽  
Natural Numbers ◽  
The Czech Republic ◽  
Voting Weights ◽  
Theoretical Assumptions ◽  
Decimal Numbers ◽  
The Government ◽  
Chamber Of Deputies

The article presented is theoretically grounded in the office-seeking approach to the study of coalitions. It takes the most influential theories of portfolio distribution in the executive and legislature (voting weights, proportionality, formateur) and tests it on the data pertaining to coalition negotiations in the Czech Republic between 1992 and 2010. We follow the distribution of portfolios in the government, in the presidium of the Chamber of Deputies, as well as in the presidiums of permanent parliamentary committees. The approach based on voting weights seems best for studying portfolio distribution in the Czech Republic, although it is not entirely satisfactory. In the theoretical discussion of the results, we also point out that the voting weights approach is somewhat less rigorous than others. At the same time, we show that even ostensibly exact approaches to the study of coalitions can lead to arbitrariness on the part of the researcher, as theoretical assumptions about portfolio distribution operate with decimal numbers, whereas in reality one operates with natural numbers.

scholarly journals Konflikt v hlasování Poslanecké sněmovny PČR (1993–2013)

2015 ◽  
Vol 17 (1) ◽  
pp. 57-87 ◽  
Author(s):  
Petr Dvořák
Keyword(s):  
Time Series ◽  
Czech Republic ◽  
Success Rate ◽  
Major Change ◽  
The Czech Republic ◽  
Discrimination Capacity ◽  
High Concentrations ◽  
The Government ◽  
Chamber Of Deputies

The paper explores the legislative unity of government and opposition blocs in the Czech Chamber of Deputies over a period of twenty years. As voting unity is usually rather low in the Czech Republic, temporarily high concentrations of the respective blocks’ votes are linked to higher rates of conflict between the government and opposition. I use the Rice and UNITY indices to compare average unity scores of individual cabinets and also explorative time series of unity vectors in order to analyse bloc concentration, success rate, and increased conflict. The outcomes are relevant as both a case study and a methodological observation: (1) Broad differences in the logic of interaction are confirmed (e.g. caretaker cabinets show less conflict than standard cabinets). Although no universal trend (e.g. a transition from consensual to conflictual practice) is found, the Czech opposition became more concentrated and resorted to the tactics of serial blocking in the second decade; thus, a major change of behaviour occurred after all. (2) The Rice and UNITY indices correlate considerably; UNITY’s discrimination capacity is not distorted significantly despite the nature of equilibria in the Chamber. Moreover; the UNITY index is able easily to distinguish contested votes which are not detectable by the Rice index alone.

scholarly journals Previerka osoby od roku 2022

AEROjournal ◽  
2021 ◽  
Vol 17 (1) ◽  
pp. 28-32
Author(s):  
Karol Lysina ◽  
◽  
Branislav Kandera
Keyword(s):  
Czech Republic ◽  
Slovak Republic ◽  
Aviation Security ◽  
Practical Experience ◽  
Civil Aviation ◽  
The Czech Republic ◽  
National Legislation ◽  
Eu Legislation ◽  
The Past ◽  
Background Check

Civil aviation is constantly evolving, undergoing various changes. A background check of a person as a part of aviation security processes is no exception. This paper which deals with the issue of background check of a person in civil aviation in the conditions of the Slovak Republic and is divided into three main parts. The first part is focused on the basic definitions and requirements for background check of a person that are based on current EU and national legislation and on comparison with the legislation in the Czech Republic. The second part deals with changes in EU legislation in the field of background check of a person. The last part presents the necessary need for changes in national legislation caused by changes in EU regulations and a proposal for changes in national legislation in conjunction with practical experience in the process of background check of a person in the past and present.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.

scholarly journals Evaluation of the adequacy of government minimum wage valorization policy in the Czech Republic in 2017 in the European context

2017 ◽  
Vol 8 (1) ◽  
pp. 21 ◽  
Author(s):  
Martin Pernica
Keyword(s):  
Czech Republic ◽  
Minimum Wage ◽  
Minimum Wages ◽  
Income Poverty ◽  
The Czech Republic ◽  
Eu Countries ◽  
Macroeconomic Indicators ◽  
Per Capita ◽  
The Government ◽  
Workforce Productivity

Research background: The government of the Czech Republic has agreed to an increase in the minimum monthly wage as of the beginning of 2017 to 11,000 CZK, which represents a year-over-year increase of over 11 %. The government is thus fulfilling its objective set out in February 2014 and stipulated in the Government Statement of Purpose, i.e. to approximate the minimum wage to 40 % of average wages. Purpose of the article: The purpose of the article is to assess the adequacy of the Government Minimum Wage Valorization Policy, in particular from two points of view. Firstly, in view of selected macroeconomic indicators in the Czech Republic — the development of consumer prices, average gross wages, economic growth and workforce productivity. Secondly, in comparison with other EU member states which have introduced the institution of a minimum wage. Methods: In order to assess the adequacy of government policy to improve the social protection of the rights of the working population, a background research was conducted into the literature of important studies on the effects of minimum wages on unemployment, while the development of average gross wages in the CR, the minimum monthly wages in the CR and the Kaitz index were also analyzed. Furthermore, an evaluation of selected macroeconomic indicators in the Czech Republic was performed by means of time lines and the percentage representation of employees in the individual gross wage bands according to sex and type of economic activity. Last, but not least, a comparison was made of minimum wages, real gross domestic product per capita and workforce productivity in Euros and in purchasing power standards between the Czech Republic and countries which have enacted the institution of minimum wages. Findings and Value added: The minimum wage in the Czech Republic is the fifth lowest in the EU. In the long term, it is earned by approximately 3% of employees, which is less than the rate common in other EU countries. Currently, the amount of the minimum wage is below the threshold of income poverty. In comparison with the GDP per capita in PPS and real labour productivity per person employed in other EU countries, the position of the Czech Republic is significantly better, although other EU countries offer higher minimum wages. The decision of the current government to significantly increase the minimum wage as of 2017 is correct.

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