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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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Non-compete clauses and similar arrangements
Kozlová, Petra ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
Non-compete clauses and similar arrangements This diploma thesis is concerned with contractual arrangements between the employee and the employer restricting the employee from a certain action after the termination of his employment with the employer. The aim of this thesis is to provide a comprehensive overview of non-compete clauses and similar arrangements in labour law, to define their shortcomings and to evaluate the current legal framework and the future applicability of such arrangements in the Czech labour law. The thesis mainly describes the institute of restrictive covenants, consisting of non-compete clauses, non-disclosure agreements and non-solicitation clauses, for which it often uses foreign legislation as sources of inspiration. In order to fulfil these goals, the thesis is divided into three chapters, which are subsequently divided into subchapters. The first chapter is devoted to the history and development of non-compete clauses in the Czech Republic. The subchapters are divided chronologically, with the essential part being devoted to the period from the establishment of the independent Czech Republic to the date of effectiveness of the current Labour Code. The regulation of the non-compete clause reflected in the Labour Code is examined in the second chapter of the diploma...
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Non-compete clause in Labour Law
Hlaváčková, Marcela ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
The subject of this paper is the regulation of a non-compete clause in labour law. The key question in this issue is whether there is a boundary between what is a person's own ability (foresight, enterprise, flexibility), that is, what is a part of their personality and what is a part of a business as an intangible asset, in the form of rights or other intellectual property - know- how, trade secret, information, network of contacts, etc., as values that will enable certain entities to gain an edge and, in combination with other aspects, ultimately to accomplish a goal ahead of the others. The non-compete clause in labour law has been evolving from the early 20th century until today. In this paper, I also wanted to point out the broader concept of a ban on competition, i.e. a ban beyond the boundaries of labour law. The paper covers basic terminology, development and history of a non-compete clause, the applicable legislation as well as the period during which the applicable legislation did not completely respond to the need for regulation of the relationship between an employer and an employee, the areas extending beyond the strict boundaries of labour law as well as the current applicable legislation; last but not least, the paper also provides comparison with foreign applicable legislations....
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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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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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