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Non-competition clause
Zajíček, Jan ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
The main objective of the thesis is to focus on the institute of a non-competition clause within the Czech legal system. A special emphasis is put on the analysis of each of the aspects of a non-competition clause and the inclusion of a non-competition clause not only in the labour law, but also in the civil law as a whole. The thesis is divided into four chapters. These chapters are the History of a non- competition clause, Basic terms, Current legislation of a non-competition clause in the labour law and the Legislation of other institutes that regulate competitive conduct. The chapters are further divided into subchapters. Chapter One explains the historical development of a non-competition clause from the nineteenth century to the present day. The most important period was the 1990s, when a non- competition clause slowly began to return into the Czech legal system with the assistance of jurisprudence and legal literature. Chapter Two enumerates the most important terms, which occur in connection with a non-competition clause. This chapter includes, for example, the definition of the labour law. The chapter concludes with defining the terms competition and non-competition clause. Chapter Three focuses on the current legislation of a non-competition clause, which is based on linking the Labour...
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Comparison of legal regulation of notice of termination in the Czech Republic and Poland
Szopová, Magdalena ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
Title: Comparison of legal regulation of notice of termination in the Czech Republic and Poland The aim of this master thesis is the comparison of legal regulation of notice of termination of employment relationship in the Czech Republic and Poland. This paper provides an overview of the legislation of notice of termination in these two states and in the end contains the comparison and evaluation of legal regulations concerned. The work consists of eight chapters, introduction and conclusion. The first chapter outlines the international and European legislation related to labour law with emphasis on termination of employment. The chapter contains a number of international conventions adopted in particular within the ILO as well as European legislation which deals with this issue. The second chapter contains treatise on termination of employment relationship in general, where the basic sources of national labour law in each country and a brief description of all forms of termination of employment relationship are stated. This chapter also contains a brief description of the relationship between civil and labour law and its development. The third chapter discusses the substantive aspects of notice of termination. It starts with general commentary on the concept of notice of termination, continues by...
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Employee liability for property damage and harm to a person
Dařílková, Linda ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
Name of the thesis: Employee Liability for Property Damage and Harm To a Person The aim of this thesis is to analyze employee's liability for damage in a broader historical context, extending also to the theory of law, to distinguish the specifics of labour law liability from the civil law liability and to define the prerequisites for the emergence of different types of employee's liability for damages and to elaborate on them in detail, especially through scientific literature and case law. In the first chapter, I describe labour law in brief historical context relevant for the topic, with reference to key changes in the development of labour law legislation. In accordance with aforementioned, in chapter two I then focus on the theory of liability, namely liability for damage, and then in chapter three I analyze in detail the liability for damage as regulated in the Act No. 262/2006 Coll., Labour Code. Chapter four strives to outline the functions of liability for damage in employment relationships and defines the prevention of damage. Chapter five then enumerates the prerequisites for arising of the employee's liability for damage and also focuses on definition of related legal terms. Chapter six analyzes different types of employee's liability for damage: General liability, liability for...
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Company health-care services
Tomšej, Jakub ; Pichrt, Jan (advisor) ; Chvátalová, Iva (referee) ; Drápal, Ljubomír (referee)
- 193 - Abstract This dissertation theses describes the topic of company health-care services. The thesis provides a complex analysis of providing company health-care services with particular focus on the connection of these services with the employment relations and the legal instruments governed by the Labour Code. The thesis focuses in particular on the topic of medical examinations and medical reports, as well as the unfitness to work due to health-related reasons as a reason for termination of employment or other employment-law consequences. Besides an analysis of the current legislation, the theses further deals with the current case law, and in particular the judicial decisions on medical reports and their review by administrative and civil courts. The thesis also describes related legal instruments in the field of personal data protection and liability for damages, and provides a short comparison of the analysed legal regulation and the regulation of public service.
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Workplace Injury
Sembol, Jakub ; Drápal, Ljubomír (advisor) ; Bělina, Miroslav (referee)
66 Summary The topic of my work is workplace injury. The goal of this work is comparison of two main approaches to this topic that have been discussed over the past years, namely - the employer`s responsibility versus accidental insurance of employees. The first one mentioned is effective in Czech republic and the second was meant to be effective from 1st January 2008 but it was postponed three times (last time to 1st January 2015) and it is now considered to be canceled. The goal is to understand why and to determine which of the systems better suits the purposes of a workplace injury regulation in Czech Republic. At the beginning I start with a brief historical background (from the year 1989) of the regulation for better understanding of the need for new legislation. Next I am going to achieve the goal of this work by describing the first system by detailed analysis of the effective regulation - explaining terms such as liability, workplace injury, exemptions from liability, types of compensation and also present few a court decisions on the matter. Then I am going to describe the second system by explaining the differences that the accidental insurance of employees act (266/2006 Coll.) would bring if it ever becomes effective. For a more detailed description I would also present the regulation of a...
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Employment tribunals and courts in selected EU member states
Bezděková, Barbora ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
The thesis deals with the regulation of individual labour disputes settlement provided for in the law systems of the EU member states. The law systems chosen for comparison are the ones of the Czech Republic, England and France. In the first chapter there is an outline of the obligations resulting from the international and European legislation in the area of labour disputes settlement. In the following three chapters the Czech, English and French regulations are described subsequently. The individual regulations of the above mentioned countries are analyzed with reference to the institutions endowed with authority to settle individual labour disputes, the participation of lay members in the process of decision making, the proceedings at the courts of first instance as well as the proceedings at the higher courts and last but not least with reference to the means of alternative dispute settlement. In the second chapter dedicated to the Czech regulation the historical context is also mentioned. In the final part of the thesis the results of the analysis are compared and suggestions for the future Czech regulation of labour disputes settlement are offered.
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Work injury and occupational disease
Šourek, Filip ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
The aim of the thesis is to give a comprehensive view on the issue of occupational accidents and occupational diseases. The work uses the descriptive method, the method of analysis and the comparative method. The entire text is structured into chapters and subchapters. The main focus is on the work with the judicial decisions that are closer discussed and analyzed. The work defines the basic concepts of occupational accidents and related occupational diseases, such as an accident at work, occupational disease, pain or social impairment, discusses the conditions of employer liability for damage at work accidents and occupational diseases, the possibility of exemption the employer for damage and employers liability insurance for damage. The greatest attention in the thesis is paid to types of compensation related to accidents at work and occupational diseases provided to injured employees or bereaved persons. Neglected is not even forthcoming amendment to Act no. 262/2006 Coll., the labor code and long-delayed law no. 266/2006 Sb., of casualty insurance employees.
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Immediate Termination of an Employment Relationship
Sedláček, Jiří ; Bělina, Miroslav (advisor) ; Drápal, Ljubomír (referee)
The thesis covers the matter of immediate termination of an employment relationship as the one way of finishing the employment in the legal system of the Czech Republic. It presents the conditions for its validity and compares the reasons for those the employer and employee can immediately terminate their employment relationship. It also covers the theme of nullity of termination of an employment relationship by immediate dismissal or resignation, outlines the steps leading to its nullity and defines all the claims coming out from its nullity. Finally, it compares the immediate termination of an employment relationship as the way of termination the agreements on work performed outside an employment relationship.
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Non-competition Clause
Kopsová, Adéla ; Drápal, Ljubomír (advisor) ; Bělina, Miroslav (referee)
The aim of the thesis is to be a comprehensive analysis of the non-competition clause in Czech Labour law. The reason for my research is to examine the non-competition clause, compare and contrast its advantages and disadvantages and to make a conclusion, whether the current legislation meets the requirements of both contracting parties. The thesis is composed of four chapters, each of them dealing with different aspects of non-competition clause, its history and its current problems. Chapter One is introductory and describes the competition in general and in Labour law. The chapter is subdivided into two parts. Part One describes the difference between the competition during the employment relationship and after termination of the employment. Part Two describes the basic terminology and the current state of a non-competition clause. Chapter Two focuses on the history of the non-competition clause in our legislation and illustrates the evolution of such institute. This chapter is subdivided into three parts. Each of them focuses on a specific historical period in the evolution of the non-competition clause. Chapter Three examines non-competition clause in the recent legislative history and comprises of four parts. Part One contains the wording of a non-competition clause in the Labour law legislation...
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Reasons for notice of termination of employment relationship according to Sec. 52 (g) and (h) of the Labour Code
Hořejší, Lucie ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
The topic of my thesis is the analysis of two selected reasons for notice of termination given by an employer to an employee as stated by the Labour Code. The first reason (according to Sec. 52 (g) of the Labour Code) consists in violation of employee's duties and obligation ensuing from the legal regulation applying on the work performed by the employee. The second reason (according to Sec. 52 (h) of the Labour Code), which was implemented into the Labour Code with its effectiveness as of 1 January 2012, introduces a so-called "other duty of an employee" consisting in violation of the regime of an employee who is temporarily unfit to perform work for the employer due to his/her sickness or injury as set by the Act on Sickness Insurance. The analysis will be based primarily on the case law of the Supreme Court of the Czech Republic which, in the long term, tends to shape the legal regulation of the analyzed issue. Although not being a formal source of law, the case law of the Supreme Court is of a great importance in the area of termination of employment relationships in the Czech labour law in practice.
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