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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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Liability of the employee for damage
Blažek, Vojtěch ; Bělina, Miroslav (advisor) ; Štefko, Martin (referee)
The thesis deals with institution of liability of the employee for damage caused to employer. I proceed from the theoretical groundings, over the characteristic of labour-law liability to the analysis of the types of employee's liability for damage. Legal regulation is contained in Act No. 262/2006 Coll., the Labour code, as later amended. The Labour code recognizes general type of liability and three special types of liability - employee's liability for failure to fullfill his duty to prevent rise of damage, liability for the deficit on the values entrusted to the employee and finally liability of the employee for the loss of items entrusted to him. The thesis uses relevant judicial decisions. Considerations on the future amendments aren't neglected.
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Termination of Employment - Notice
Baťhová, Lucie ; Bělina, Miroslav (advisor) ; Štefko, Martin (referee)
The title: The termination of employment agreement - the notice The aim of this thesis is to illustrate one part of Czech labour law - the institute of termination of employment agreement - the notice. My reasons for choosing this topic are following. This topic is current and it is the object of many disputes. It is interesting part of labour law, which step in to the employee's life significantly. My thesis is composed of 13 chapters, each of them dealing with different aspects of notice. Chapter One is the introduction to the thesis and it contains the reasons why I chose this topic. Chapter Two outlines the ways of termination of employment agreement and it is subdivided into three parts. Part One describes the termination of contract of employment by legal event. Part Two concerns the termination of employment agreement by official decision. And finally part Thee explains the termination of contract of employment by legal act. Chapter Three focuses on notice in general way. This chapter has also three parts. Part One deals with subjects of notice. Part Two contains the requirements of the notice - mainly the written form and the delivery. And part Three mentions the cancellation of the notice and the approval with this cancellation. Chapter Four deals with the notice which is given by employee. Chapter...
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The liability of the employee for the damage caused to the employer
Drahovzal, Jaroslav ; Bělina, Miroslav (advisor) ; Drápal, Ljubomír (referee)
The rigorosum thesis is focussed on the responsibility of an employee for damages caused to the employer. The work firstly describes the problem of the law responsibility in general and then responsibility for the damage. The main part of this work is shaped by the description of individual kinds of the responsibility of an employee for the loss and by the question of the extend of compensation. Attention is also paid to the prevention of the damage, labour law of the European Union and the options of the employee to insure against liability for any material damage caused to the employer.
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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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Violation of employment duties by employees
Balíčková, Eva ; Pichrt, Jan (advisor) ; Bělina, Miroslav (referee)
1 Abstract Theme of this paper is breaking of employee duties. It's very actual issue, because, although it's basically negative phenomen, which disturbs due runnig of working process, it's common part of labour relations. In addition though only one breach of employee duty can be cause of quite serious consequences for employee as well as for employer. The purpose of my thesis is to provide comprehensive information about breaking of employee duties, analyze recent legal regulation and highlight eventual deficiencies and problems related to interpretation. The starting point for it is recent legislation as well as judicature related to this field. Prepared legislative changes are taken into account too. The thesis is composed of five chapters which are subdived into subchapters and parts. The First Chapter is introductory. It describes history of legal regulation of work discipline within ours territory and explains meaning of concept "breaking of employee duties" pursuant to recent legislation. The Second Chapter deals with employee duties. Firstly there is mentioned obligation of employers to inform employees about their duties and possible ways how employee duties can be created, eventually concretized. After that follows mere characterization of particular employee duties. The Third Chapter...
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Agency employment
Tomčíková, Ilona ; Pichrt, Jan (advisor) ; Bělina, Miroslav (referee)
- Agency Employment For my thesis topic, I have chosen "Agency Employment". It's a relatively young institute, which was incorporated into our legal system only on October 1st, 2004. I believe that Agency Employment topic can be always considered current and positive, because it allows us to flexibly react to the needs of the job market. Since the topic is very broad, the goal of this paper is not a detailed analysis of all aspects of this institute, but only a few of them that I consider to be most important. I shall present and evaluate current law governing the subject and also try to point out its flaws. I have structured the thesis into 4 chapters, further divided into subchapters. The conclusion contains summary and de lege ferenda reflections. At the beginning it is appropriate to introduce the topic, therefore the first chapter is dedicated to the Agency Employment concept and other connected topics. That includes employment mediation, license for employment mediation and dependent work. In the second chapter I examine the progress of Agency Employment law in the Czech Republic. Firstly I present the state, when this institute wasn't included in our legal system, then I put mind to the current law. This chapter includes also a detailed analysis of the International Labour Organisation...
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Notice of employment
Homolková, Simona ; Pichrt, Jan (advisor) ; Bělina, Miroslav (referee)
The Notice of Employment The main reason I have chosen this topic for my diploma thesis is that we have to deal with questions of labour law in our everyday lives. Generally speaking it is a common issue and I believe that it is therefore very important to understand it correctly. The notice of employment can bring serious economic and social consequences into the life of every employee and at the same time have an impact on his family members. On the other hand the employers should be able to terminate employment with such employees who are irresponsible or incompetent. Hence, the aim of this thesis is to analyse the regulation of the notice of termination of employment in the legal order of the Czech Republic, explain the essential principles of this regulation and point out various options of its interpretation. The paper is divided into seven chapters. First, there is a general outline of the examinated issue followed by chapters dealing with the historical evolution of legal regulation and the European Communities` regulation of the notice of employment. Further passages are in regards to a closer analysis of the notice of employment in general, notice given by the employee, notice given by the employer and their legal reasons. Relevant judicial decisions were also incorporated in each of...
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The termination of the employment relationship
Hušek, ; ; Bělina, Miroslav (advisor) ; Pichrt, Jan (referee)
In my rigorous work I deal with questions of an employment discharge. It is a conventional labour -law institute that is a very important way of employment termination. In my rigorous work I try to span the given questions on a large scale. At the beginning, I engage in historical rootage of the given institute and point out its development. I state particular legal regulations which had in general the importance to development of labour law, however, especially for the field of employment termination. In this part I also deal with the legal regulations of an employment discharge, just as it was contained in the labour code from 1965. In the successive chapter I already devote to the employment discharge in terms of the valid legal regulations. I cl arify here the term of discharge, its essentials, form, content, delivering, appeal, cancellation time, periods for claiming the discharge. I also deal here with subjects of the discharge and their competence to perform legal acts. I also describe here the discharge given by the employee and the discharge given by the employer in detail. In other two parts I point out the cases of discharge prohibition and I discourse briefly about the institute of collective redundancies of employees. Consequently, I solv e the questions connected with the employment...
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