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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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Contractual freedom versus protection of employees
Kotula, Tomáš ; Hůrka, Petr (advisor) ; Lang, Roman (referee)
This diploma thesis deals with the problematics of the contractual freedom and the protection of employees in labour law relations and the concept of flexicurity which seeks to find balance between these two opposing notions. Its main objective is to evaluate the applicable Czech legislation regulating formation and termination of an employment relationship from the view of flexicurity, including by proposing possible changes of legal instruments within the framework of reflections de lege ferenda. The first part characterizes the contemporary Czech labour law legislation and the concept of flexicurity, followed by its reflection into the Czech Labour Code. This part concludes with an introduction of successful flexicurity models. The following part analyses both development and understanding of flexicurity at European level with the focus on impacts of EU strategy for the Member States. The key parts of this thesis are parts number three and four which deal with the legislation regulating formation and termination of the employment relationship in the Czech Republic. In these parts, relevant legal instruments are first defined and then evaluated with respect to their flexibility and security. The third part defines the course of formation of the employment relationship, particularly on the basis...
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Prevention of risks in OSH to focus on work accidents
Abíková, Klára ; Hůlová, Marie (advisor) ; Hůrka, Petr (referee)
The bachelor thesis deals with the prevention of risks to safety and health (OSH) and further deals with the problem of occupational accidents. The theoretical part focuses on work-related accident, the resulting obligations for both employers and employees, and possible ways of compensation based on the legislation. The practical part deals with the specific case of an accident at work, with its analysis and possible solving situations.
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