Authors: Igor Tomeš, and the team

The impetus for the creation of this publication was the discussion of representatives of the professional workplaces of four universities of the Czech Republic on the topic of the emergence of social law as a result of the gradual convergence of labor law and social law with the social context of the right to education and health. This creates a new field of public law, the content of which is mandatory social solidarity organized by the state with citizens who exercise their inalienable social rights towards the state and society.

The authors try to define and describe the social and legal institutions that make up the content of this emerging field of public law. Its system organization is based on Beveridge's concept of the inalienable social rights of citizens and the corresponding indispensable obligations of a European-style welfare state, which include the right to education, health, gainful employment, social support and assistance, and addressing the social backwardness of certain population groups. This is a new concept of social law, which has not yet been processed in this way.

The monograph should serve as an aid in the teaching of social law at universities and secondary vocational schools educating experts for work in the fields of social protection, especially for the education of social workers. Introduction

After the Second World War, much has changed in social protection and its legal regulation. From poor care, based on voluntary solidarity, a system of facultative social care and then mandatory solidarity in various forms of compulsory social security developed. Added to this was the public law intervention for the protection of work in working, or. service conditions. Labor law and social security law began to be taught at universities, specialized workplaces (departments, institutes) were created and textbooks were published. Gradually, a distinction was made between the protection of work (labour law) and the mandatory protection of non-working citizens (social insurance or security) and their optional protection (social assistance and services).

With the adoption of the Amsterdam and especially Lisbon amendments to the Treaty of Rome and the transformation of the European Economic Community (EEC) into the European Union (EU), the situation changed significantly. Today, there is a convergence of social security and social care in Europe and integral systems of public social protection of citizens, both working and non-working, are being created as an expression of mandatory social solidarity, which the state is obliged to ensure in accordance with the ratified international treaties of the United Nations of Nations (UN), the International Labor Organization (ILO), the Council of Europe (RE) and the communitarian law of the European Union (EU). These contracts gave a firm framework and standards for the content and scope of mandatory social protection. This is how international social law and the concept of mandatory social solidarity arose. (1)

The social rights of citizens are enshrined in the constitutions of individual European states and thus create national social norms and the basis for social doctrines. The concept of mandatory solidarity in the modern European welfare state is emerging. The degree of his generosity varies according to economic possibilities and prevailing social doctrines of which state, but their quality is the same, defined by European social values (human dignity, freedom and rights, mandatory solidarity between citizens at least at a decent standard of living and active participation in political and social processes).

This significant shift in the quality of social protection, which also took place in the Czech Republic (CR, (2), inspired the authors to analyze this development and its reflection in the legislation of the Czech Republic and subsequently to write this monograph. The ambition of this collective is to justify the existence of social law as an independent legal branch in the Czech democratic society, integrating all public law instruments of social protection of citizens.

In the monograph, we adapted the legal interpretation according to the systematics of the social protection sector of work and social events that may happen to citizens, as defined internationally by the Charter of Fundamental Rights of the EU and other international conventions. The proposed concept of social law is based on Beveridge's declared concept of social obligations of a democratic state towards its citizens, i.e. the obligation of the state to strive for their health, education, gainful activity, social security and against the social consequences of the neglect of some of them. This monograph is not a systematic and detailed interpretation of the provisions of individual laws. This is done by (i) textbooks for lawyers developed by collectives led by M. Bělina, (3) P. Tröstrem(4) and Z. Gregorová with M. Gavlas, (5) (ii) law textbooks for non-lawyers6 and (iii) various commentaries on laws, which are also published by the Linde publishing house. We are not trying to replace them or compete with them. This cannot even be proven within the limited scope of this monograph, and it is not our purpose either. Rather, we will try to interpret the institutions that are part of the social law system, their roles and place in the social law system. It is therefore an explanation of the system, not a detailed description of the legislation. The monograph can serve as a textbook of introduction to social law for master's students in social policy and social work and for social workers in practice, i.e. for non-lawyers working in social protection sectors.

In our view, social law falls within the framework of public law. It is essentially public law intervention in private law relations to protect citizens. Therefore, the system will not discuss the employment contract, which by its systemic nature belongs to private law and, according to our belief, should be regulated in the Civil Code. On the other hand, any independent legal regulation of the service conditions of state and public employees would belong to social protection, because it is indisputably part of administrative, i.e. public law, and does not apply to employees of private entities.

Social policy and social work are taught as a field at more than 15 universities and higher professional schools, and in public administration alone, over 20 thousand workers make a living from this field. The selection of institutions and questions will be subject to what the social worker should know about institutions of social law, with reference to relevant laws, so it is not a detailed interpretation of legislation. It is an attempt to justify the existence of social law and to develop an understandable text for the target group, which consists of non-lawyers in social administration.

I would like to thank everyone who cooperated in the preparation of the publication, all the authors: doc. JUDr. to Milan Galvas, CSc.; JUDr. Miroslav Mitlöhner, CSc.; doc. PhDr. Adéle Mojžíšová, Ph.D.; JUDr. Jiří Veselý, Ph.D. and Ing. Petar Víšek. Furthermore, expert editor Linda Praha Ing. Teresa Stingers. I also thank the reviewers doc. JUDr. Kristina Koldinská, Ph.D. from the Faculty of Law of Charles University and JUDr. Jiří Biskup, to the chief director of the Ministry of Internal Affairs and Communications, for their beneficial suggestions.

For the authors Igor Tomeš

Contents

  1. The concept of social law and its system 1.1 Concept of social law 1.2 The development that led to the emergence of social law 1.3 Concept of social law 1.4 Basic international starting points of contemporary social law 1.5 The social law system of the Czech Republic 1.6 Sources of social law 1.7 Basic principles of social law 1.7.1 The principle of equality and the prohibition of discrimination 1.7.2 Dignity 1.7.3 Freedoms and rights 1.7.4 Solidarity 1.7.5 Participation

  2. The right to education 2.1 Availability of basic education 2.1.1 Social support for educational processes 2.1.2 Availability of primary and secondary education 2.1.3 Financial availability 2.1.4 Hygiene in a common environment for children and youth 2.2 Support for students with disabilities 2.3 Social worker in schools and other schools devices

  3. Social context of the right to health and health care 3.1 Availability of health care 3.2 Protection of patient rights 3.3 Financing of health care 3.4 Social work at health care providers 3.5 Social environment of the health care client

  4. Employment legislation 4.1 The right to work 4.2 Employment policy 4.2.1 Long-term unemployed persons 4.2.2 Persons with disabilities 4.2.3 Employment mediation 4.2.4 Unemployment support 4.3 Employee protection at the end of work ratio 4.3.1 Termination of employment 4.3.2 Collective dismissal

  5. Social dimension of working conditions 5.1 Safety and health protection at work 5.1.1. Work safety 5.1.2 Safety break 5.2 Working hours and rest periods 5.2.1 Basic amount of working time 5.2.2 Overtime work 5.2.3 Schedule of working hours 5.2.4 Flexible working hours 5.2.5 Work at night 5.2.6 Working readiness 5.3 Rest periods 5.3.1 Break for food and rest 5.3.3 Continuous rest between shifts 5.3.4 Continuous rest during the week 5.3.5 Days off from work 5.4 Vacation 5.5 Social aspects of labor remuneration 5.5.1 Contract principle in remuneration 5.5.2 Minimum wage 5.5.3 Guaranteed Wage 5.5.4 Statutory surcharges 5.5.5 Due and payment of wages and salary 5.5.6 Method and detailed conditions of salary payment 5.5.7 Deductions from income from employment relations 5.5.8 Insolvency of the employer 5.6 Collective defense 5.6.1 Trade union organization 5.6.2 Staff Council 5.6.3 Obligation to provide transnational information 5.7 Protection in multinational organizations

  6. Family policy 6.1 State social support 6.2 Protection and support of pregnancy and motherhood 6.3 Protection and assistance to neglected children 6.4 Socio-legal protection of children 6.5 Criminal protection of children

  7. Social insurance 7.1 Basics of social insurance 7.1.1 Legal relations 7.1.2 Financing of social insurance 7.1.3 Administration of social insurance 7.2 Short-term benefits 7.2.1 International legal context 7.2.2 Personal Scope 7.2.3 Material scope 7.2.3.1 Sick leave 7.2.3.2 Hospital fees 7.2.3.3 Cash assistance in maternity 7.2.3.4 Compensation allowance during pregnancy and motherhood 7.2.4 Organization 7.3 Long-term benefits 7.3.1 Characteristics of the long-term system insurance 7.3.2 Financing of long-term insurance 7.3.3 Legal regulation 7.3.4 Types of pensions 7.3.5 Long-term illness insurance 7.3.5.1 International legal context 7.3.5.2 Personal scope 7.3.5.3 Material scope 7.3.5.4 Organization 7.3.6 Insurance in old age 7.3.6.1 International legal context 7.3.6.2 Personal scope 7.3.6.3 Material scope 7.3.6.4 Organization 7.3.7 Insurance in case of loss of breadwinner 7.3.7.1 International legal context 7.3.7.2 Personal scope 7.3.7.3 Material scope 7.3.7.4 Organization 7.4 Supplementary insurance in old age 7.4.1 International legal context 7.4.2. Personal range 7.4.3 Material scope 7.4.4 Organization

  8. Care for the long-term disabled and the dying 8.1 Care for the long-term physically disabled 8.2 Care of long-term mentally disabled 8.3 Care of persons in the terminal phase of life

  9. Support of the poor 9.1 Living and subsistence minimum and assistance in material need 9.2 Support and assistance to the long-term unemployed 9.3 Homelessness

  10. Support and assistance to "neglected" persons 10.1 Drug addiction and the fight against distribution and drug use 10.2 Alcohol dependence and anti-alcoholism efforts 10.3 Tobacco addiction and the fight against smoking 10.4 Pathological gambling and efforts to reduce it 10.5 Prostitution 10.6 Care of prisoners before release and after release

  11. Minorities, ethnic groups and foreigners in our country 11.1 National minorities 11.2 Roma 11.3 Social context of migration

  12. Social services 12.1 System of social services 12.2 Financing 12.3. Social worker

Chapter 1. – prof. JUDr. Igor Tomeš, CSc. Chapter 2. – doc. PhDr. Adéla Mojžíšová, Ph.D.; prof. JUDr. Igor Tomeš, CSc. Chapter 3. – doc. PhDr. Adéla Mojžíšová, Ph.D. Chapter 4. – doc. JUDr. Milan Galvas, CSc. Chapter 5. – doc. JUDr. Milan Galvas, CSc. Chapter 6. – JUDr. Miroslav Mitlöhner, CSc.; doc. PhDr. Adéla Mojžíšová, Ph.D.; prof. JUDr. Igor Tomeš, CSc. Chapter 7. – JUDr. Jiří Veselý, Ph.D. Chapter 8. – JUDr. Miroslav Mitlöhner, CSc.; prof. JUDr. Igor Tomeš, CSc. Chapter 9. – prof. JUDr. Igor Tomeš, CSc. Chapter 10. – prof. JUDr. Igor Tomeš, CSc. Chapter 11. – prof. JUDr. Igor Tomeš, CSc.; Ing. Petr Víšek Chapter 12. – prof. JUDr. Igor Tomeš, CSc.

Reviewers: doc. JUDr. Kristina Koldinská, Ph.D. JUDr. Jiří Biskup

Prof. JUDr. Igor Tomeš, CSc. and the collective Social law of the Czech Republic

The cover was designed by: ARTEDIT, spol. with r. o., Prague Published by: Linde Praha Akciová Společnost, in 2014 as its 990th publication. Responsible editor: Ing. Tereza Píchalová Publisher's address: Opletalova 35, 115 51 Prague 1 phone/fax: 224 211 073 e-mail: redakce@linde.cz, www.linde.cz Rate: Dr. Josef Ženka st., Prague 8 Printing: Triangl, a.s., Prague

(1) See TOMEŠ, I., Issues in the implementation of mandatory social solidarity by the welfare state, in journal Forum of social work. 2012, no. 2, p. 49 – 71. (2) RÁKOSNÍK, J., TOMEŠ, I., Social State in Czechoslovakia, Legal and Institutional Development in the years 1918 – 1992. Prague Auditorium, 2013, p. 416. (3) BĚLINA, M. et al., Labor law. 5th edition, Prague C. H. Beck, 2012, p. 599. (4) TROSTER, P. et al., Social Security Law. 6th edition, Prague C.H. Beck, 2013, with 379. (5) GREGOROVÁ, Z., GAVLAS, M., Social security. 2nd edition, Masaryk University Brno, 2000, p. 280. (6) KOLDINSKÁ, K., Social law, C. H. Beck Prague, 2007, p. 165.