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Labour law changes after the entry of the Czech Republic into the EU
JÁNOVÁ, Romana
The aim of my bachelor{\crq}s thesis was to find out changes in the Czech labour law and labour relations between employees, employers and trade unions caused by the accession of the Czech Republic to the European Union. I focused on the EC directives that had to be implemented into the Czech judicial code because of the compatibility with the EC law. I focused on the mediation of employment abroad by Czech employment bureau for Czech workers in practical part of my thesis.
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Sport and labour law
Novák, Tomáš ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Title of the thesis: Sport and labour law Abstract This thesis deals with the legal status of professional athletes in team sports in the Czech Republic and primarily focuses on the question of whether the activity of professional athletes in team sports is dependent work and whether the current practice, where contractual relations between sports clubs and players as self-employed persons are mostly other than labour relations, is long-applied and by the public authorities tolerated false self-employment (in Czech the so-called "švarcsystém"). The first chapter initially deals with the definition of sport and its division, as well as the functions that sport has in society. It also provides a brief explanation of sports law, its basic principles and, last but not least, an insight into the current state of the legal regulation of sport in the Czech Republic. The second chapter of the thesis describes the position and activities of some entities with a significant influence on the functioning of the sports sector with the ambition to provide at least a basic insight into the organizational structure and the daily operation of professional sport. The following two chapters are the main part of this thesis. In the third chapter, the author presents the legal status of the professional athlete in team sports...
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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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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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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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Termination of the labour contract - comparison of the Czech and Spanish law
Stanzel, Jakub ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The aim of this paper is the comparison of the Czech and Spanish labour law focused on the law dealing with the termination of the labour contract, forms and methods of this termination in Czech and Spanish law and description of law connected with that plus description of some groups of employees who deserve a special protection of their labour contracts and special labour conditions. This paper tries to highlight some differences in law of these two countries and the consequences of these differences. This paper can be divided into three parts. In the first part, composed by first three chapters, there is the general concept of the labour law, its' position in the system of law and its' historical development, including changes in the relation between labour law and civil law. There are here the basic terms and principles of Czech labour law and Spanish labour law as well. There is possible to see the origin of the labour law and changes in this law until nowadays by following the historical context, than it is easier to understand the differences of both legal systems. The second part of this paper describes in the fourth chapter the particular forms of termination of the labour contract in the Czech and Spanish law and the differences of these forms in law of both countries. This shows that...
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Non-competition clause
Šťastný, Kryštof ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
TITLE: Non-competition clause AUTHOR: Kryštof Šťastný DEPARTMENT: Department of Labour Law and Social Security Law SUPERVISOR: JUDr. Ljubomír Drápal ABSTRACT: The aim of this thesis is to present a comprehensive description of the historical development of legal regulation of the non-competition clause from 1910 onwards, to point out the most important aspects of the current legal regulation, and to compare Czech legal regulation of this institute with its equivalent in German legal system. To achieve this aim, an analysis of the historical regulation of the non-competition clause is conducted and the positives and negatives of each regulation are presented. Emphasis is nevertheless put on the analysis of the present legal regulation of the non-competition clause in the Labour code. To put the Czech regulation of the non-competition clause into international context, a comparative analysis of Czech and German regulation is conducted, and the positives and negatives of the German regulation are assessed. The most important terms and concepts are introduced and defined in the first chapter to make their usage clear for the rest of the thesis. The second chapter is dedicated to the historical development of the regulation of the non-competition clause in the present-day Czech Republic. The historical...
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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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Notice of termination of employment
Šmídová, Klára ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
This diploma thesis deals with the topic of the notice of termination of employment in the Czech labour law. The thesis sets out multiple primary goals. The first goal is to introduce the reader to the context of the legal framework of the notice of termination of employment, including an analysis of selected case law relevant to the topic. The second goal is to provide a comparative outline via the exploration of Belgian labour law and its legal regulation of the notice of termination of employment. Thirdly, the author reflects the findings gathered throughout the thesis and offers some amendments de lege ferenda. The diploma thesis is divided into eleven parts. The first three parts relate to the general description of the matter - the first is devoted to the labour law in the context of the legal system of the Czech Republic, the second is devoted to specific characteristics of an employment relationship and its subject and object. The third part discusses the termination of employment in general and it also takes into account the strategy of flexicurity. The fourth part aims at enlightening the effect of the international law and the law of the European Union on the legal regulation of the notice of termination of employment. The fifth part is devoted to the notice of termination of employment...
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