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Contractual restriction of performance of other gainful activity of an employee
Štěpánová, Lucie ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
Contractual restriction of performance of other gainful activity of an employee This thesis has three main purposes. The first purpose of this thesis is to analyse the non-competition clause in the Labour Code, which is the only means of contractual restriction of performance of other gainful activity of an employee. I also focus on identification of eventual problems that might occur when applying this legislation. The second purpose of this thesis is to compare selected questions concerning the non-competition clause in Czech and German law. The third purpose of this thesis is to present suggestions de lege ferenda and to propose amendments to the Labour Code. The thesis is divided into five main chapters. The first chapter is followed by the second chapter, which is subdivided into four subchapters. The first subchapter deals with the restriction of other gainful activity of an employee identical with the scope of business of the employer for the duration of employment. This restriction arises directly from the Labour Code. The second subchapter focuses on the restriction of business activities of the employees employed in public administration. The third and the fourth subchapter contain a general description of non-competition clause in the Labour Code and prohibited non-competition clause in...
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Non-competition clause
Rozner, Jan ; Pichrt, Jan (advisor) ; Tröster, Petr (referee)
TITLE: Non-Competition Clause AUTHOR: Jan Rozner DEPARTMENT: Department of Labor Law and Social Security Law SUPERVISOR: doc. JUDr. Jan Pichrt, Ph.D. ABSTRACT: This thesis provides a comprehensive overview of the Labour Law Institute Non-Competition Clause. The thesis is written on the basis of the case law and numerous specialized literature relevant to the legal provisions. Due to clear developement trends, one chapter is devoted to the history of Non-Competition Clause. De lege lata the Non-Competititon Clause is generally successfully and comprehensively regulated in Act No. 262/2006 Coll., the Labour Code, although the Non-Competition Clause remains a heavily debated topic among members of the professional public. Published opinions are analyzed and assessed, including the context of the foreign legislation relevant to the Non-Competition Clause. In closing, I propose a course of action inspired by foreign Non-Competition Clause regulation, specifically that of Sweden, in terms of the de lege ferenda. KEYWORDS: labour law, non-competition clause, ban of competition, termination of an employment
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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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Non-compete clause in Labour Law
Hlaváčková, Marcela ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
The subject of this paper is the regulation of a non-compete clause in labour law. The key question in this issue is whether there is a boundary between what is a person's own ability (foresight, enterprise, flexibility), that is, what is a part of their personality and what is a part of a business as an intangible asset, in the form of rights or other intellectual property - know- how, trade secret, information, network of contacts, etc., as values that will enable certain entities to gain an edge and, in combination with other aspects, ultimately to accomplish a goal ahead of the others. The non-compete clause in labour law has been evolving from the early 20th century until today. In this paper, I also wanted to point out the broader concept of a ban on competition, i.e. a ban beyond the boundaries of labour law. The paper covers basic terminology, development and history of a non-compete clause, the applicable legislation as well as the period during which the applicable legislation did not completely respond to the need for regulation of the relationship between an employer and an employee, the areas extending beyond the strict boundaries of labour law as well as the current applicable legislation; last but not least, the paper also provides comparison with foreign applicable legislations....
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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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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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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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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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Non competition clause
Kopsová, Adéla ; Hůrka, Petr (referee) ; Vysokajová, Margerita (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...
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