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Legal regulation of a non-compete clause in the Czech Republic and other chosen countries
Božek, Michal ; Vysokajová, Margerita (advisor) ; Brádlerová, Libuše (referee)
This thesis focuses on a complex description of the legal regulation of a non- compete clause in the Czech labour law and also points out to the legal regulation within the labour law in the Slovak Republic and the Federal Republic of Germany. The non-compete clause in the Czech law system is contained not only in the labour law but also in the commercial law to which the author refers, as well. However, the main topic of this thesis is the legal regulation of the non-compete clause within the labour law. Nevertheless, in the Czech Republic there was not always the same opinion on whether this contract between an employer and an employee is valid. Non-compete clauses are frequently included in many other European countries, nevertheless, in some countries are not included at all or are prohibited. This fact, i.e. that the non-compete clause is regulated in many foreign legal systems differently than in the Czech labour law, is one of the reasons why the author chose this topic of the thesis. Moreover, it is an institute of the labour law that is not harmonized by the European Union so we can find plenty of different legal regulations all over the Europe. We can say that non-compete clause is a dynamically developing element of the labour law. With regard to what was already written it is necessary...
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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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