This paper briefly analyses the legislation of the state’s liability for the measures adopted in relation to the epidemic of coronavirus in the period of the state of emergency, it especially deals with the state’s liability for damage accrued upon entrepreneurs in a casual relation to the restriction of the right to engage in enterprise. The aim of the paper is to carry out a legal analysis of liability for damage according to the Crisis Act on one hand, and of liability for damage caused by the terminated measures of the state according to the Act referring to the protection of public health, on the other hand. The paper provides a practical guideline for claiming damages and draws attention to the limits of such claims.
Research background: The paper outlines selected problem areas of the legislative - legal environment and administrative burdens for SMEs. Data for this paper were obtained within the scientific activities at the University of Technology and Business in Ceske Budejovice Project TL01000349 Stabilization and development of SMEs in rural areas. The primary objective of the paper is to demonstrate that small and medium-sized enterprises are overburdened both from an administrative point of view. The theoretical part of the paper is devoted to the presentation of experts on a given topic and from these views the logical conclusion and recommendations for the methodological part of the paper are based. The following, practical part, explains each hypothesis and outlines the whole course of calculation. Each hypothesis is then rejected or confirmed. All findings are verbally analysed in the discussion of the results. Purpose of the article: The main purpose of the research is to prove that small and medium-sized enterprises are overburdened with administrative burdens and taxes. Methods: Primary data for the area of legislative-legal and administrative burden were obtained through a questionnaire survey in SMEs. The data will be evaluated using a statistical method comparing the mean value, specifically using a one-sample t-test. Findings & Value added: The results of the paper will confirm or reject the predetermined hypotheses that apply to small and medium-sized enterprises. This knowledge will be important for further analysis and will outline the administrative complexity of the business of these companies.
Purpose The purpose of this paper is to provide a legal analysis of some chosen aspects of protection of privacy of employee as one of its personal (personality) rights in labour-law relations so how to follow from the actual legal state of legislation of property protection and other rightful interest of an employer. Design/methodology/approach Current legislation, in general, provides adequate privacy protection to employees in labour-law relations, but in the opinion of the authors is not quite adequately balanced with adequate legislative protection of property rights and employer private in the current legislative status of employee privacy protection. Employee privacy protection should be balanced by the increased protection of employer the interests who bears responsibility for the results of productive activities towards third parties and public power bodies, but responsible for any damage incurred to his employees. Authors of the paper are aware that the constitutional order of the Czech Republic, the Civil Code, EU legislation and the legal norms of labour law provides, in general, a sufficient guide for the fair and equitable application and interpretation of relevant law norms in the monitored area, next suggest realized legislative changes or additions in the area of employers protection of the interests and property in labour-law relations on the background of employee privacy protection. Findings The authors are of the opinion that the proposed change is not a denial of constitutional rules and legal provisions for the protection of personality under the Civil Code and consider it to be a balanced and professional experience to apply. Its purpose is to exhaustively identify the reasons for the introduction of control mechanisms, without prejudice to the principle of use only to the extent necessary and proportionate manner. Research limitations/implications Re-codified private law after 1st January 2014 is in many cases very a cased interpretation. For the issue of the interests and property protection of the employer on the backgrounds of the employee privacy protection would be appropriate to legislative more elaborate the particular legal passages and chapters of the legal text, and thus reduce the scope interpretation of the court decision. To stimulate discussion on the topic authors propose the following legislative adjustment provisions of §316 paragraph 1 and 3 of the Labor Code. The proposal allows for even that is rarely possible to get an audio recording that an employee in the course of his work, even without prior notice, if it is a compelling reason for involving the exercise and protection of employees. Practical implications Employees may not, without the consent of the employer to use it for their personal use, production and employment employer resources including computers nor its telecommunications equipment. Compliance with the ban in the first sentence, the employer is entitled to adequate controls. The employer shall not, except as noted below, interfere with the privacy of employees in workplaces and public areas of the employer that the employee undergoing open or covert surveillance, interception and recording of his telephone calls, checking e-mail or check the correspondence addressed to employees or making video and audiovisual recordings employee during his employment. These control mechanisms employer is entitled to a proportionate manner and to the extent necessary in the following cases: on grounds of legitimate interests and property of the employer against the threat or violation, on grounds of health and property and other employees and other serious reasons. If it is for the employer is no reason that justifies the implementation of control mechanisms under paragraph 2, the employer is obliged to inform employees directly about the extent of control by way of implementation. The obligation to inform employees not arise in cases where there is an imminent risk of injury to the health or property of the employer, the employee, other employees or third parties or in the case of sound recording employees when acquired or used for the exercise or protection of other rights or legally protected interests of others people. Originality/value The weaker subordination position of the employee in labour-law relations requires consistent protection and its personal interests towards employer follow from labour-law relations. These regulations have to have particular legal limits so that there was no threatened or even directly touched personal and personality rights of the employee such as honour, human dignity, ethics, morality, reverence, mutual tolerance and labour-law relations in relation to equality with participants with that employer carry responsibility for performance and results do work and it even towards to third persons when it has right to provide effectual protection property and personality rights. The proposal allows for even that is rarely possible to get an audio recording that an employee in the course of his work, even without prior notice, if it is a compelling reason for involving the exercise and protection of employees.
This paper analyses the use and management of web portals of the Czech industries. This paper investigates which industries have the highest shares of foreign language portals. This share is compared to the number of hired IT professionals. This paper is based on the thesis that competing in global markets requires skilled labour force in the form of IT specialist. The analysis will be split into two parts because the management of web portals can be done in-house or outsourced. The statistical evaluation will be based on the contingency table analysis and detailed summary statistics. Foreign language web portals are essential to world market opportunities. Czech labour market provides only a limited number of IT specialist to hire. Results suggest that there are differences between industries (services, trade, manufacturing) in the management of web portals (in-house vs. outsourcing) and the number of IT specialist depends on the use of foreign language web portals. The outsourcing of international management of web portals or joining the global value chains is starting to be a more affordable and interesting option because the labour costs of IT specialist are raising in the Czech labour market.
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