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Non-competition clause
Zajíček, Jan ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
The main objective of the thesis is to focus on the institute of a non-competition clause within the Czech legal system. A special emphasis is put on the analysis of each of the aspects of a non-competition clause and the inclusion of a non-competition clause not only in the labour law, but also in the civil law as a whole. The thesis is divided into four chapters. These chapters are the History of a non- competition clause, Basic terms, Current legislation of a non-competition clause in the labour law and the Legislation of other institutes that regulate competitive conduct. The chapters are further divided into subchapters. Chapter One explains the historical development of a non-competition clause from the nineteenth century to the present day. The most important period was the 1990s, when a non- competition clause slowly began to return into the Czech legal system with the assistance of jurisprudence and legal literature. Chapter Two enumerates the most important terms, which occur in connection with a non-competition clause. This chapter includes, for example, the definition of the labour law. The chapter concludes with defining the terms competition and non-competition clause. Chapter Three focuses on the current legislation of a non-competition clause, which is based on linking the Labour...
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The Equal Treatment and the Prohibition of Discrimination of Employees
Jarotková, Kateřina ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
RESUMÉ This thesis is concerned with equal treatment and prohibition of employment discrimination. I deal with international, European and Czech antidiscrimination law. The text is divided into an introduction, four main chapters, divided into subchapters, and a conclusion. The first chapter defines the fundamental terms, which are equality and discrimination. At first, I distinguish formal and substantive equality. In context of substantive equality, I explain the concepts of equal opportunity and equality of outcome. In the following part of the chapter I deal with the concept of discrimination. I describe the basic forms of discrimination: Direct and indirect discrimination. I also briefly discuss the issue of multiple discrimination. The second chapter concerns the most important international conventions that are related to my thesis topic. Those are the conventions of United Nations, Council of Europe and International Labour Organization. The third chapter focuses on the European Union law. First, I review the development of primary law. Further, I focus on the secondary law and three main anti-discrimination directives. The relevant case law of the Court of Justice of the European Union is regarded here as well. Great attention is given to the issue of discrimination against persons with...
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Covenant not to compete in the legal system of Czech republic and the USA
Vraždová, Michaela ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
The aim of this thesis is to describe the current legal regulations of covenant not to compete in the Czech Republic and the USA - particularly in the states of New York and California, to refer to the advantages and disadvantages of these regulations and to think if these very different regulations could inspire each other in some areas. I decided to write half of the thesis about covenant not to compete in the USA because of my study experience in American law school where I understood more closely the common law system of law and because I did not find any Czech article which would write about this topic in the USA and I wanted to fill in this blank space. This thesis is devided into three parts. The first chapter is dedicated to the current wording of covenant not to compete in the Czech Republic. In the particular subchapters there are described the constitutional roots of covenant not to compete, which activities can be banned by the covenant not to compete, which information the employee must have acquired, with what types of employess the covenant can be entered into and in what area scope, what is the maximum time period during which the employee can be banned, what compensation the employer has to pay to the employee and how the covenant can be terminated. The sources for this chapter...
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Selected legal aspects of the hiring of employees
Kubková, Petra ; Štefko, Martin (advisor) ; Kotous, Jan (referee)
The topic of this thesis are selected legal aspects of the hiring of employees. During the lifetime, possibly every one of us experiences the selection process and therefore it is worth knowing all the rights and duties of both parties to the process, either rights and duties of an employer or a job applicant. Particular aspects chosen are the equal treatment and the prohibition of discrimination and the protection of personal data and especially related to the proceedings before the commencement of the employment relationship. Both aspects are closely related to each other and therefore they are described in one work, so it is easier to understand the whole content and meaning of them. The thesis is divided into five chapters, including the introduction and the conclusion. The second chapter of this work is dedicated firstly to the selection of employees in general. At the beginning it brings a description of the development of the human resource management, then it describes the process of the selection, what comes before it, what are the possible methods of selection and what principles ought to be adhered. The third chapter is about equal treatment and the prohibition of discrimination during the selection process. Firstly, the fundamental terms are described such as equality and especially the...
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Illegal work and its persecution
Stonjek, Patrik ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
The topic of this diploma thesis is illegal work and its persecution. Unconditional predisposition for discussion about this topic is an analysis and definition of dependent work. Therefore, this problematic is discussed in the first - introductory chapter of the presented text. In the following chapter the author is concerned with illegal work and its forms. The accent is put especially on administrative delict of enabling of illegal work, its legislative development in the past years and the role of negative law-maker - the Constitutional Court correcting the sanctions given for this administrative delict. The third chapter focuses on administrative delicts related to illegal work that are included in the Act of Employment and Act on State Labour Inspection. The last chapter is dedicated to illegal work in the context of the whole Czech legal system, which means on the commercial law, criminal law, tax law and statutory deductions level. In the summary the findings acquired in the prior chapters are concluded and the author expresses his opinion on the possible future development of regulation of illegal employment in the Czech Republic.
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Modes of termination of employment
Popluhárová, Marie ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
76 ABSTRACT Modes of termination of employment Termination of employment is a legal concept, which leads to the termination of basic employment relationship between employer and employee - for termination of employment. Employment could be terminated in several ways, which are listed in the Labour Code. Therefore I decided to describe general the various ways, and then I will deal with just one of them - the immediate termination of employment. The immediate termination of employment is exceptional way how to terminate the employment. It regards to one-sided legal act by which the employment can be terminated quite exceptionally. This instrument can be used by employer and by employee as well. But because it regards to significant interference with working contract, the employment can be ended only by realizable strict conditions which are determined by law. My paper work is divided into nine chapters, in every of these chapters I am dedicating to different aspects. In first chapter I have tried to define the conception, function and position of working law, as well as to describe the relationship between the labour code and new code of civil law. The second chapter describes what is working contract and especially how it is possible to end it and the third chapter is devoted to various ways of termination...
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Sanctions for breaching the obligations within employment law relationships
Černá, Michaela ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
1 Summary Topic of this Master's thesis are sanctions for breaches of obligations of participants of labor law relationships. The first and the second chapter focus on the introduction into researched issue of legal sanctions. The author defines basic concepts which are relevant for the thesis. Then the author deals with the definition of the legal sanction and analyzes the relationship between the legal sanction and the legal liability. The author furthermore explains the basic behavior of the legal sanction and its significance. The third chapter follows on term definition from the first part of the thesis. It consists of brief interpretation of chosen private law sanctions in the labour law. It presents sanctions as nullity of legal act, relative inefficacy of legal act, limitation of actions and preclusion and liability. The main part of this thesis focuses on liability of employee for damage. The fourth chapter describes the division of labour law liability into different kinds. It also introduces the issue of liability for damage. In the fifth chapter the author introduces the employee liability in context of legal sanctions and a detailed explanation of the valid legal regulation of employee liability for damage. It focuses on the General Liability, Liability for Non-Fulfilment of the Duty to Prevent...
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The Analysis of the Pension Systems and Pension Reforms and their Possible Applications in the CR
Hrdý, Milan ; Štefko, Martin (advisor) ; Bělina, Miroslav (referee)
The submitted thesis deals with the analysis of pension systems with possible application of acquired knowledge on the conditions of the Czech Republic. Theoretically, the work is based on analysis of pension insurance and pension systems, as well as on the analysis of possible ways of implementation of pension reforms. From a practical point of view pension systems and reforms in selected countries are analyzed. These theoretical and practical bases are subsequently used for a comprehensive analysis of the pension system in the Czech Republic, including an analysis yet undertaken pension reforms. The knowledge gained is then synthesized into the appropriate conclusions and some concrete suggestions are made for specific adjustments to the system in the future. The pension system in the Czech Republic is a modern pension scheme which includes elements of solidarity and merit and excluding state pay system enables the system of additional forms of security under the third pillar of the pension system. Problems occur in conformity political representation on systemic changes in the pension system which had a negative impact in the initial implementation and subsequent cancellation of the second pension pillar. For the future, it is recommended primarily to use the Pan-European pension system with the...
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The Status of a Professional sportsman in terms of Labour Law
Baťhová, Lucie ; Vysokajová, Margerita (referee) ; Štefko, Martin (referee)
This Thesis deals with the issue of a status of a professional sportsman in terms of labour law. First chapters are dedicated on the definition of dependent work in terms of the Labour Code and the questions of basic institutes of labour law, which are essential for proper comparing with the status of a professional sportsman. Further the key concepts of a professional sportsman and sport club are defined from the view of Czech Law. This Thesis continues with a treatise on legal relations between professional sportsman and sports clubs as well as detailed analysis of legal contracts between professional sportsman and sports clubs. After analysing the fundamental questions of the legal relationship between a professional sportsman and a sports club, this work focuses on the question of comparison of the labour section with the section dealing with professional sportsman. Primarily to answer a fundamental question, whether the performance of sports activities can be considered as a dependent work according to the Labour Code. Even though it is an essential question, it is problematic within the scope of Czech legal system, because there is no proper legislation. We don't even find support in the Czech case law, which doesn't contain clear definition of this issue. At the end of my thesis I deal with...
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Transfer of rights and obligations arising from labour relations
Blaha, Martin ; Lang, Roman (advisor) ; Štefko, Martin (referee)
This diploma thesis deals with the institute Transfer of rights and obligations arising from the labour relations under the Czech legal system in comparison with European legislation and namely in the light of the Czech and EU's judicial decisions. The text is divided into three main parts. In the first part there are generally determined the labour relations, their elements and possible change of them. The second part describes the institute, the impact on the concerned employees and all rights and obligations with the transfer related. The third part is about the situations, when the Transfer of undertaking occurs in accordance with special regulations. There are raised the questions in the text, which could occur in this context with the change of the employer, and the author attempts them more or less to answer with the assistance of the decisions of courts.
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