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Non-competition clause
Božek, Michal ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
The aim of my thesis is to explain the meaning of the expression "non- competition clause" and to analyse its legal regulation in Czech labour law. The reason why I chose this topic is that non-competition clause is a very dynamic subject with a lot of changes in a historical point of view as you can see above. First of all, non-competition clause is an instrument of labour law which protects an employer against the abuse of the company's confidential information, knowledge and other know-how by the employee. According to the Czech legislation, non- competition clause means a voluntary agreement between employer and employee whose purpose is to protect employer's interests by reducing employee's job opportunities which would have a competitive character to the employer after the determination of an employment with the employee. There are several conditions need to be achieved in order to conclude a valid non- competition clause. For example, this contract needs to be agreed in writing. Secondly, the non-competition clause may be valid for only a certain period of time, not exceeding one year. Moreover, an employer is obliged to pay the employee some kind of a financial compensation every month. The amount of this compensation needs to be at least one average monthly salary of the employee. This...
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The Competition Clause within the Czech legal system featuring the Dutch labour law
Theunissen, Helena ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
The Abstract The competition clause is an instrument of legal protection for an employer against the abuse of the company's confidential information and know-how from the side of an employee to whom this information was introduced in his labour relation. The first and major part of the thesis deals with the concept of the competition clause within the Czech legal system in general. It presents its history in the Czech (Czechoslovak) legislature from the beginning of 20th century to the present date. It tries to determine four different basic stages after each relevant amendment in the development of the legal institute of the competition clause after 1989: a. The absence of the concept in the Labour code until amendment No. 155/2000 Coll.. b. Labour Code after the amendment No. 155/2000 Coll. c. Labour Code after the amendment. No. 46/2004 Coll. d. And finally, the new Labour Code, introduced as act No. 262/2006 Coll. The thesis further analyses particular problems of contemporary legal regulation of the competition clause. It presents just introduced proposal of amendment to Labour Code expected to come into force by January 1st 2012. It also brings a brief summary of the position of this institute in business law, act. No. 513/1999 Coll. and in economic competition act. No. 143/2001 Coll. Marginal...
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Non-competition clause
Blažek, Adam ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Non-competition clause Abstract This thesis deals with the institute of the non-competition clause. The main aim of this thesis is to describe this institute, evaluate how much is the current legislation corresponding to the 21st century's changes and whether it is still applicable in practice. In this work, the author is focusing not only on nowadays problems, but he is also considering historical problems, which he is examining and consequently also analysing properly. The author also offers the reader his solutions and considerations de lege ferenda with the aim of further good development of the competition clause as a functional and important institute of labour law. To achieve these goals, the author in the first part of this thesis gives a brief overview of the historical background of the ban on competitive conduct in the Czech lands, both during the period of employment and after its termination. In particular, the author focuses on the historical context of the emergence of a competition clause and its historical development where we can find an interesting historical paradox, as this institute often worked vividly in practice, despite the obvious outdated legislation at that time. The author wants to emphasize the important role of courts and judges in the development of the competition clause,...
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Duty of loyalty of the capital company members
Kaščáková, Dáša ; Černá, Stanislava (advisor) ; Pelikán, Robert (referee)
The topic of shareholder's duty of loyalty is an important aspect for the definition of most of the duties and obligations of the capital company members. Therefore, it is also very popular topic for the authors of professional literature, who tend to be interested in systematized distinction of the duties and obligations of the capital company members. Most authors, along with the jurisprudence, already admit considerable importance of principle of loyalty and consider it to be the rule of interpretation appropriate for its application to the other duties and obligations of company members. The principle of loyalty, having a regulatory function, may fill in particular gaps in the statutory regulation. As a derogatory rule it may avoid the application of other rules that would lead to unfair decisions. This work aims to demonstrate the possibility of application of the principle of loyalty in practice. The thesis is divided into two main parts, the first is meant to clarify the place of the duty of loyalty in Czech law. It describes how was the existence of the duty of loyalty inferred before its regulation in new Civil Code. Next chapters of the first part are devoted to current applicable regulation. The second part of the theses focuses on particular examples in order to demonstrate the...
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The Competition Clause within the Czech legal system featuring the Dutch labour law
Theunissen, Helena ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
The Abstract The competition clause is an instrument of legal protection for an employer against the abuse of the company's confidential information and know-how from the side of an employee to whom this information was introduced in his labour relation. The first and major part of the thesis deals with the concept of the competition clause within the Czech legal system in general. It presents its history in the Czech (Czechoslovak) legislature from the beginning of 20th century to the present date. It tries to determine four different basic stages after each relevant amendment in the development of the legal institute of the competition clause after 1989: a. The absence of the concept in the Labour code until amendment No. 155/2000 Coll.. b. Labour Code after the amendment No. 155/2000 Coll. c. Labour Code after the amendment. No. 46/2004 Coll. d. And finally, the new Labour Code, introduced as act No. 262/2006 Coll. The thesis further analyses particular problems of contemporary legal regulation of the competition clause. It presents just introduced proposal of amendment to Labour Code expected to come into force by January 1st 2012. It also brings a brief summary of the position of this institute in business law, act. No. 513/1999 Coll. and in economic competition act. No. 143/2001 Coll. Marginal...
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Non-competition clause
Božek, Michal ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
The aim of my thesis is to explain the meaning of the expression "non- competition clause" and to analyse its legal regulation in Czech labour law. The reason why I chose this topic is that non-competition clause is a very dynamic subject with a lot of changes in a historical point of view as you can see above. First of all, non-competition clause is an instrument of labour law which protects an employer against the abuse of the company's confidential information, knowledge and other know-how by the employee. According to the Czech legislation, non- competition clause means a voluntary agreement between employer and employee whose purpose is to protect employer's interests by reducing employee's job opportunities which would have a competitive character to the employer after the determination of an employment with the employee. There are several conditions need to be achieved in order to conclude a valid non- competition clause. For example, this contract needs to be agreed in writing. Secondly, the non-competition clause may be valid for only a certain period of time, not exceeding one year. Moreover, an employer is obliged to pay the employee some kind of a financial compensation every month. The amount of this compensation needs to be at least one average monthly salary of the employee. This...
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