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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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The notice of termination of employment, comparation ČR and SR
Kalužáková, Mária ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
The purpose of my thesis is to compare the legal regulation of notice of termination of employment in the legal systems of the Czech Republic and Slovakia. The thesis consists of the introduction, conclusion and six chapters, each of which contains a comparison of various aspects of the two regulations. The introduction sets out the reasons for which I chose this topic and the method of processing my thesis. The first chapter characterises notice in general, its cancellation and requirements, i.e. the written form and the delivery of the notice. The second chapter focuses on the notice given by an employee and on particularities of the Czech regulation of the notice related to the transfer of rights and obligations arising from the employment relationship and the counterpart of such notice in Slovak labour law, which is the termination by agreement. Notice given by the employer is discussed in the third chapter. This chapter consists of three parts. The first part highlights the comparison of individual reasons of the notice, the second focuses on cases in which the notice is prohibited, and the third on the substantive conditions of the notice. The fourth chapter is divided into two parts. The first part discusses the differences in the regulation of redundancy payment accordance to the Labour...
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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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