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Restrictions of competition in Czech Labour Law
Krajíčková, Markéta ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
Restrictions of competition in Czech Labour Law The thesis deals with competition restrictions, primarily in the field of Labour Law, both during the term of employment, as well as after its termination. Further, an overview of the competition restrictions in a field of Corporate Law and in other related areas is also provided. The thesis also takes a look at the evolution of the regulation of competition restrictions by law. A chapter dealing with the restricting competition in the United Kingdom of Great Britain and Northern Ireland is included as well, to provide a comparative perspective on the topic. An analysis of the changes introduced by the recodification of Czech private law (e.g. by the adoption of the new Civil Code and the Act on Business Corporations) is provided. The author expresses her thoughts de lege ferenda on potential amendments and improvements to current law within the constitutional framework of competition restrictions.
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Collective bargaining
Kavan, David ; Pichrt, Jan (referee) ; Tröster, Petr (referee)
Rigorózní práce Kolektivní vyjednávání Mgr. David Kavan Abstract The thesis deals with the collective bargaining as it is nowadays (the thesis reflects the status as of September 1, 2014) understood and regulated by the Czech law. This understanding and regulation has been compared to the understanding of the collective bargaining under the documents of the public international law. The thesis focuses on the legal regulation of the collective bargaining and of other legal issues that are of importance for the collective bargaining as they can be found in the Czech national law, in the public international law and in the sources of the European law. The author has been dealing with the persons and entities that are concerned by or involved in the collective bargaining and with the different levels the collective bargaining can take place at. He has been describing also the procedure of the collective bargaining and the proceedings that apply within its framework. The author has been concentrating on the collective agreement as well, as it is the typical and most important outcome of the collective bargaining. At the end the thesis focuses on the situation where the parties to the collective bargaining are not able to reach their consensus on the collective agreement and on the legal instruments they can use...
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Selected issues of status of a professional athlete
Pospíšil, Daniel ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
v anglickém jazyce (abstract in English) This thesis discusses the very topical issue of the status of professional athletes. The answer to the question whether the exercise of a professional sporting activity falls within the definition of dependent work in accordance with the Labor Code is currently still unresolved. Although there are strong arguments in favor of the subordination of at least part of the legal relations in professional sports under the labor legislation, the current situation is exactly the opposite. The vast majority of athletes today carry out their activities as self-employed persons. In this respect, the practice in the Czech Republic differs from the majority of other, not only European, countries where athletes normally have the status of an employee and possess the corresponding rights. This practice was recently explicitly allowed by the Supreme Administrative Court, stating that despite all the similarities, such activity is so specific that it defies the notion of dependent work. Czech law does not currently include any regulation of this issue, whilst it is evident that the current wording of the Labor Code is in fact inapplicable to the specific relationships in professional sports. It is therefore no wonder that the Czech sport clubs take advantage of the option not...
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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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Labour law aspects of non-competition
Brončková, Hana ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
This presented thesis deals with the issue of prohibition of employee's competitive conduct during and after the employment relationship. The purpose of the thesis is to analyze the provisions of the affected legislation and to refer to some related court decisions. The thesis is composed of five separate chapters, the main part is elaborated in Chapter Three (legal regulations of the prohibition of competitive conduct during the employment relationship) and Chapter Four (non-competitive clauses). Labour law states the conflict of employers and employees in economic competition and the related collision of fundamental right to freedom of trade and choice of profession with protection to ownership, but legal regulations of trade law may be applied. The thesis deals with both of these areas and also related criminal legislation. Attention is also paid to the historical survey of these issues and the thesis briefly describes some of the general context of the current Labour Code. Changes which are connected with the New Civil Code are mentioned as comments. The thesis also focuses on legal regulations of the prohibition of competition in Slovak labour law, in which it refers to the positive and negative aspects of the relevant sections of the Act as well as recent experiences of practical application.
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Protection of personal data in the labour-law relations
Pošvářová, Tereza ; Štefko, Martin (advisor) ; Pichrt, Jan (referee)
The key objective of this thesis is to introduce a comprehensive analysis of the issue on personal data protection in employment relations, including the set of regulations taken within the European Union. Later, the work also outlines the issue from the perspective of the employer and its protection of property interests. The major information sources from on which the thesis is based are represented by laws, judicial decisions, official documents and Czech/foreign professional literature related to the topic. In order to achieve the appointed objectives, it was necessary to define various research methods, such as description, analysis and synthesis. The work consists of ten chapters. The introductory part is followed by the analysis of legal regulations in the Czech Republic and the European Union. Later, the analysis of the concepts of privacy and personal data, their interconnection, followed by the analysis of specific elements in the area of personal data protection is described. The second part of the thesis focuses on the issue of personal data protection in the employment relations. Finally, the conclusion of the work concentrates on the property interests of the employer. The aforesaid analysis of information sources revealed that the system of personal data protection in employment...
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Trade union organization in employment relations
Čeledová, Jaroslava ; Bělina, Miroslav (advisor) ; Pichrt, Jan (referee)
This thesis is dealing with trade unions within relations in labour law. The goal of the thesis is to describe the general difficulty of the unions. This means the process of founding a union, conditions of functioning within an employer and its individual rights. In greater detail it is focusing on collective bargaining by a trade union and further the current and the former legal position of the trade unions is being compared and eventual changes are highlighted. The strong position is demonstrated and it is being pointed on the importance of the trade union for the employees.
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Level of protection for employee by termination of employment relationship
Cibulková, Markéta ; Bělina, Miroslav (advisor) ; Drápal, Ljubomír (referee) ; Pichrt, Jan (referee)
UNIVERZITA KARLOVA V PRAZE PRÁVNICKÁ FAKULTA KATEDRA PRACOVNÍHO PRÁVA A PRÁVA SOCIÁLNÍHO ZABEZPEČENÍ __________________________________________________________________ Míra ochrany zaměstnance při rozvazování pracovního poměru Level of protection for employee by termination of employment relationship Disertační práce Abstrakt v anglickém jazyce duben 2012 Autor: Mgr. Markéta Klánová Školitel: Prof. JUDr. Miroslav Bělina, CSc. Abstrakt v anglickém jazyce Level of protection for employee be termination of employment relationship This dissertation thesis deals with the level of protection awarded to employees who have their employment terminated in the Czech Republic. The first part of this thesis focuses on the functions of labor law as it pertains to an employee's termination, particularly the protective function, as well as the development of the protective labor legislation. A majority of the thesis is devoted to several aspects of an employer's decision to terminate the employment relationship. First, the thesis discusses the primary protection for employees who have their employment terminated. Second, the thesis examines the different ways and reasons for the dismissal of an employee, Third, the thesis describes the different provisions that protect employees, such as, the participation in trade unions,...
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Dependent labour, including the issue of so-called "Švarc systém"
Slavík, Nikola ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
The master's thesis focuses on one aspect of labour law in the Czech Republic. Specifically, it provides a thorough interpretation of the Czech legal regulation of dependent labour, including the issue of the so-called švarcsystem. In order to achieve such purpose, the thesis uses information from the Act No. 262/2006 Coll., the Labour Code, as amended, the Act No. 435/2004 Coll., The Employment Act, as amended, available doctrinal literature and case law of Czech courts and the European Court of Justice. The interpretation is performed by a comparision of the past and present Czech regulation, as well as the theoretical background and practical implications, which is the core of the focus of the master's thesis.
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Competitive clause in labour law
Kudela, Tomáš ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
Competitive clause in labour law The purpose of the thesis is an analysis of competitive clause (non-competition clause) in the Czech labour law. The thesis also contains a comparison of attributes competitive clause with the legislation in other European countries. The author of the thesis recommends changes to be made in Czech legislation. The thesis is composed of three chapters, which are Definition of basic terms, History and evolution of competitive clause and Current legislation of non-competition clause in the Czech Labour Code. Each chapter is divided into subchapters according to the relevant issues. Chapter One consists of six parts. The first four parts deal with the explanation of basic terms used in the thesis. These are labour law, employment law relationship, employee and employer and the concept of competition. In the fifth section is briefly introduced competition legislation in commercial law. The last subchapter focuses on competitive activity in labour law with an emphasis on competitive activity of the employee for the duration of the basic employment law relationship. The second chapter examines the history and evolution of non-competition clause in the area of current Czech Republic. This chapter is divided into subchapters according to the periods, in which is described the...
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