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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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Liability for a damage in the practise of the courts
Gergeľová, Zuzana ; Drápal, Ljubomír (advisor) ; Pichrt, Jan (referee)
Liability for a damage in the practise of the courts: The aim of the thesis is to analyse liability for damage in the Czech labour law with an emphasis on the case law. The thesis contains examination of various aspects of liability for a damage in the labour law with the highlight on a practice of the courts. There are five chapters included in the thesis. The first one begins with the general conception of the liability in the Czech law. The liability for damage with the specification of its basis is described next. The next part points out that there are basically two kinds of the liability for damage: the liability of an employee and the liability of an employer. The ending of the first chapter is dealing with the significance of the case law in the continental Europe system, particularly in the Czech law. The second chapter characterises the liability for a damage of an employee. The General liability of an employee with a detail analysis of the basis of the liability, which can be found through the whole thesis, is presented firstly. In the next part focuses on the basic requirements for the formation of the distinctive liabilities for a damage, the Liability for a shortfall in things entrusted to an employee and the Liability for a loss of the things entrusted to an employee. The last part of...
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Liability for damage in case-law
Mikolajová, Miroslava ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
The aim of this thesis is to give an analysis of liability for damage in the Czech labour law, viewed by the practise of the courts. The thesis is composed of seven chapters, each of them dealing with different aspects of liability for damage in labour law. Chapter one is subdivided into two parts. Part one describes liability for damage in general and it's specifics and functions in labour law. Part two deals with how the Labour Code governs prevention of damage. Chapter two looks at binding nature of case-law in the civil law from a different point of view. Chapter three deals with all kinds of the liability of an employee. It is subdivided therefore into four parts. The first one that explores General liability of an employee, is divided into another six parts, each focused on one of the basic conditions of liability for damage in labour law, namely: employment relationship, breach of legal obligation, damage, causal connection, fault and performance of working tasks (together with following acts in direct connection with it). The following three parts focus on special kinds of the employee's liability. Part two is concerned with Liability for a shortfall in things entrusted to an employee, part three looks at Liability for loss of things entrusted to an employee and, eventually, part four biefly...
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Notice of termination due to organizational reasons under Section 52(a) through (c) of the Labour Code
Zábranský, Petr ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
The aim of this thesis is to deal with the notice of termination due to organizational reasons under Section 52(a) through (c) of the Labour code. The topic of the thesis does not consist only in organizational changes and a notice of termination linked to them, its purpose is to describe the whole picture of the process of giving the notice to an employee and details which an employer must remember to keep the notice valid. The thesis is composed of ten chapters not counting the Introduction describing the motive for choosing the topic of the thesis and the aims of the thesis and the Conclusion containing the brief evaluation of the legal regulation. Chapter One deals with the labour-law relations, their concept and the distinctions between the individual labour-law relations and the collective labour-law relations. Chapter Two is concerned with the termination of employment in general and describes the division of the ways in which employment may be terminated, i.e. legal acts, legal events or authoritative decisions. Chapter Three elaborates the issues common to all reasons for the notice, which means that the attention is paid to these reasons, the written form of notice, delivering and the withdrawal of the notice and the participation of trade unions in a termination of employment. Special attention...
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Occupational accidents and occupational diseases
Štaňková, Helena ; Vysokajová, Margerita (advisor) ; Drápal, Ljubomír (referee)
Occupational accidents and occupational deseases The purpose of my thesis is to analyze the legal regulation of occupational accidents and occupational diseaseses. I focused mainly on legal regulation of employer liability for damage to health workers, the revised in the act 262/2006 Sb., Labour Code. Effective regulation of the issue is highly fragmented, extends to more legal fields. As of 1.1.2013 is expected entry into force of Act 266/2006 Sb., about accident insurance of employees. Accident Insurance Act brings major changes. Workmen's compensation insurance for damage in an industrial accident or occupational disease will be replaced by a new form of social insurance - injury insurance policy with its own system of benefits. The monopoly of two commercial insurance companies, which now carries out mandatory insurance, will be abolished. It entrusts the Czech Social Security Administration, that carries out other types of social insurance. The financial demands, lack of preparedness of the Czech Social Security a ministration and other complications have led repeatedly to postpone the entry into force of the Act. Now underway to further intensive work on amendment of this Act. The question remains whether the Act takes effect at all and, what results this will bring. The thesis deals with the...
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Scheduling of Working Hours
Juzová, Jitka ; Štefko, Martin (advisor) ; Drápal, Ljubomír (referee)
The thesis summarizes legal regulation of working hours and their scheduling in the Czech legal order. The aim of this thesis was to describe and evaluate various types of working patterns, which are addressed in the Labour Code, as well as to highlight some problems that can cause their application in practice. In addition to the current regulation, this paper deals with modifications proposed by the amendment to the Labour Code, which would come into effect January 1, 2012, and its influence on the organization of working time (the main change is the proposed unification of regulation of even and uneven schedule of working time and reducing the administrative burden and complexity of account of working time). The thesis can be divided into five main parts. The first part is devoted to the very definition of working time in European and Czech legislation and records of working hours. The second part focuses on the main topic of the thesis - the organization of working hours. In the individual sub-sections I describe the various patterns of working hours with an indication of potential problems in practice. I also mention the possible changes in the regulation of working time, which would bring the already mentioned proposed amendment to the the Labour Code. Schedule of working hours is related to work...
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