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Competition clause in the CR and selected EU Member States
Hořáková, Jitka ; Pichrt, Jan (advisor) ; Bělina, Miroslav (referee)
Non-competition clause in the Czech Republic and in chosen states of the European Union Resumé The employee has a duty of faithful service and is obliged not to compete with his employer in the course of their labour relationship. Once the relationship has come to an end, the employer could have interest to protect his business and his proprietary rights, such as a trade secret, a secret process, confidential information or customer connections, since the disclosure of them by his ex-employee could damage his business and his position in the labour market. That is the reason why the contractual parties conclude the non-competition clause (or restrictive covenant) within a contract of employment (or within a special contract) whereby the employee undertakes that he will accept a restraint about where he works and for whom, for a period of time after he has left the employment relationship. Generally the employer has a duty to pay monetary compensation in order to compensate such a restraint of the employee. The purpose of my thesis is primarily to provide readers with the legal background of basic principles related to the employee's duty of loyalty and prohibition of a concurrence in the course of the labour relation with his employer.Furthermore, to outline and describe the legal regulation of the...
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Unfair competition and false advertisement
Jakubíčková, Věra ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
Nekalá soutěž a klamavá reklama IV Resumé Unfair competition and misleading advertising My thesis deals with the law against unfair competition with an emphasis on misleading advertising. The first chapter of the thesis is concerned with the development of the law against unfair competition. Originally, the law against unfair competition was incorporated into the Law No. 111/1927. This law contained civil, administrative and criminal provisions and therefore the whole law against unfair competition was very transparent in contrast to present legal regulation. Not only was the pre-war law transparent, but also very skillfully written and applied, so it is a great source of inspiration even for contemporary lawmakers and judges. The second chapter deals with the subjects participating in unfair competition, i.e. competitors, consumers, legal entities entitled to protect the rights of competitors or consumers, etc. The third chapter outlines the crucial term "general clause" of unfair competition, which is nowadays contained in sec. 44 par. 1 of the Commercial Code (Law No. 513/1991 with subsequent amendments - hereinafter only CC). One of the special factual constellations of unfair competition - misleading advertising - is discussed in the next chapter. As misleading advertising can be classified only such...
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Non-compete clause in the employment law
Zúberová, Dominika ; Soušková, Milena (advisor) ; Spirit, Michal (referee)
This thesis examines the legal regulation of the competitive behavior of employees with the emphasis on non-competition clause. This thesis aims to critically evaluate the status of the current legislation regarding the non-compete clauses and suggest what changes should be made in order to the non-compete clause would be used effectively and fulfill its purpose. The thesis analyzes in detail the historical development of non-competition clauses in the Czech republic and further explores this institute in the light of current legislation, case law and expert opinions. It also compares the legislation of this clause in four foreing countries - France, Great Britain, Germany and Slovakia. Finally, this thesis shows how non-comptete clauses are used in practice and if employers believe in their effectiveness as a tool for the protection of know-how.
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Financial reporting quality control for internal control implementation
Gafarov, Timur ; Hanušová, Helena (advisor)
Though at the enterprises the estimation of a financial condition is annually, it is necessary to develop, to improve constantly and to evaluate the system of the internal control, necessary to develop a technique of the reporting quality estimation of the enterprise specially for the certain enterprise in view of all features, to take advantage of statistical data and to draw corresponding conclusions, to make constant monitoring. The purpose of development of the mechanism - detection of deviations of data in the reporting from actual results of activity, definition of clauses causing distortion of a real financial condition of the enterprise, revealing of size of influence of the given distortions and qualities of the reporting as a whole on decision-making, and also revealing of the reasons causing these deviations and distortions, and development of recommendations on corresponding correction separate directions for improvement of quality of the reporting. How can high reporting quality and internal control create an advantage? In survey of institutional investors is reported that investors apply a penalty if they believe a company’s internal control to be insufficient. Sixty-one percent of respondents said they had avoided investing in companies and 48% had de-invested in companies where internal control was considered inadequate. As additional support, they study went on to report that 82% of respondents agreed that good internal control was worth a premium on share price. These institutional investors are pushing for greater transparency on risk issues and related internal control efforts. Simply put, an organization’s ability to implement and maintain a leading-class control framework can create competitive advantage in today’s market. A system of the financial reporting conducting with strong management, quality control and good legislative base is the key factor of economic development. The trust of investors in the financial and not financial information is based on strong Internal Control, high-quality standards of the financial reporting, audit and ethics, thus, standards and Internal Control play the leading part in assistance of economic growth and financial stability in the country. Nevertheless, every company meets the problems of implementation of the internal control. Among them there can be problems in labor qualification, legislation and so on. It is also necessary to examine the successful experience at the micro level.
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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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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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Comparative, false and hidden advertisement
Bartl, Aleš ; Černá, Stanislava (advisor) ; Macek, Jiří (referee) ; Patěk, Daniel (referee)
RESUME This thesis deals with the Czech, French and EU regulation of the Misleading, Comparative and Hidden advertisement. I described imperfection and non-consistency of the Czech regulation. The Czech regulation of the Misleading, Comparative and Hidden advertisement is to the great extent result of the implementation of the EU Directives. Nevertheless, these directives have been implemented imperfectly and incompletely. This fact relates namely to the implementation of the Directive of the European Parliament and Councel No. 2005/29/EC, on the Unfair commercial practices towards consumers. One of the key issues that the Czech Academia had to deal with was the possibility of consumer to use for its defence against unfair commercial practice stipulations of the General Clause of the Unfair Competition set by the Commercial Code. The broadly accepted answer is that the consumer is entitled to use for its defence against unfair commercial practice the General Clause of Unfair Competition, under the condition that the practice passes through the "unfair practice" test accordingly to the Consumer Protection Act. In this thesis I am defending an opinion that the Czech legislator chose relatively easy, but incorrect way to achieve this implementation. Among other, it ignored a challenge to recodify Czech...
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Selected issues of unfair competition and legal protection against such conduct
Mrzena, Miroslav ; Patěk, Daniel (advisor) ; Horáček, Vít (referee)
Selected issues of unfair competition and legal protection against such conduct The purpose of my thesis is to analyse one of the most frequent unfair competition practice, the misleading advertising and the possibilities of legal protection against this practice. The thesis is composed of six chapters, each of them dealing with different aspects of unfair competition. The first chapter describes various attempts on the definition of the economic competition and explains the terms as economic aspect and benefit. The legal regulation of the economic competition includes direct and indirect regulation. Indirect regulation is based on exclusion of certain items or goods from the trading and on supervision of another category of items. Direct regulation is devided into antitrust law, that prevents elimination, restriction or another violation of economic competition, and into competition law, that prohibits the competitors from using unfair practices in the battle for customer. In the second chapter the unfair competition, its development and its subjects are covered. One of the most essential elements of an unfair competition, the "general clause" concept, is outlined in this chapter by characterization of its attributes and its relationship to special states of facts of an unfair competition. Certain...
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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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