|
|
Contractual restriction of performance of other gainful activity of an employee
Štěpánová, Lucie ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
Contractual restriction of performance of other gainful activity of an employee This thesis has three main purposes. The first purpose of this thesis is to analyse the non-competition clause in the Labour Code, which is the only means of contractual restriction of performance of other gainful activity of an employee. I also focus on identification of eventual problems that might occur when applying this legislation. The second purpose of this thesis is to compare selected questions concerning the non-competition clause in Czech and German law. The third purpose of this thesis is to present suggestions de lege ferenda and to propose amendments to the Labour Code. The thesis is divided into five main chapters. The first chapter is followed by the second chapter, which is subdivided into four subchapters. The first subchapter deals with the restriction of other gainful activity of an employee identical with the scope of business of the employer for the duration of employment. This restriction arises directly from the Labour Code. The second subchapter focuses on the restriction of business activities of the employees employed in public administration. The third and the fourth subchapter contain a general description of non-competition clause in the Labour Code and prohibited non-competition clause in...
|
|
|
Contractual restriction of performance of other gainful activity of an employee
Štěpánová, Lucie ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
Contractual restriction of performance of other gainful activity of an employee This thesis has three main purposes. The first purpose of this thesis is to analyse the non-competition clause in the Labour Code, which is the only means of contractual restriction of performance of other gainful activity of an employee. I also focus on identification of eventual problems that might occur when applying this legislation. The second purpose of this thesis is to compare selected questions concerning the non-competition clause in Czech and German law. The third purpose of this thesis is to present suggestions de lege ferenda and to propose amendments to the Labour Code. The thesis is divided into five main chapters. The first chapter is followed by the second chapter, which is subdivided into four subchapters. The first subchapter deals with the restriction of other gainful activity of an employee identical with the scope of business of the employer for the duration of employment. This restriction arises directly from the Labour Code. The second subchapter focuses on the restriction of business activities of the employees employed in public administration. The third and the fourth subchapter contain a general description of non-competition clause in the Labour Code and prohibited non-competition clause in...
|
|
|
Non-competition clause
Rozner, Jan ; Pichrt, Jan (advisor) ; Tröster, Petr (referee)
TITLE: Non-Competition Clause AUTHOR: Jan Rozner DEPARTMENT: Department of Labor Law and Social Security Law SUPERVISOR: doc. JUDr. Jan Pichrt, Ph.D. ABSTRACT: This thesis provides a comprehensive overview of the Labour Law Institute Non-Competition Clause. The thesis is written on the basis of the case law and numerous specialized literature relevant to the legal provisions. Due to clear developement trends, one chapter is devoted to the history of Non-Competition Clause. De lege lata the Non-Competititon Clause is generally successfully and comprehensively regulated in Act No. 262/2006 Coll., the Labour Code, although the Non-Competition Clause remains a heavily debated topic among members of the professional public. Published opinions are analyzed and assessed, including the context of the foreign legislation relevant to the Non-Competition Clause. In closing, I propose a course of action inspired by foreign Non-Competition Clause regulation, specifically that of Sweden, in terms of the de lege ferenda. KEYWORDS: labour law, non-competition clause, ban of competition, termination of an employment
|
|
|
Duty of loyalty of the capital company members
Kaščáková, Dáša ; Černá, Stanislava (advisor) ; Pelikán, Robert (referee)
The topic of shareholder's duty of loyalty is an important aspect for the definition of most of the duties and obligations of the capital company members. Therefore, it is also very popular topic for the authors of professional literature, who tend to be interested in systematized distinction of the duties and obligations of the capital company members. Most authors, along with the jurisprudence, already admit considerable importance of principle of loyalty and consider it to be the rule of interpretation appropriate for its application to the other duties and obligations of company members. The principle of loyalty, having a regulatory function, may fill in particular gaps in the statutory regulation. As a derogatory rule it may avoid the application of other rules that would lead to unfair decisions. This work aims to demonstrate the possibility of application of the principle of loyalty in practice. The thesis is divided into two main parts, the first is meant to clarify the place of the duty of loyalty in Czech law. It describes how was the existence of the duty of loyalty inferred before its regulation in new Civil Code. Next chapters of the first part are devoted to current applicable regulation. The second part of the theses focuses on particular examples in order to demonstrate the...
|
|
|
Labour law aspects of non-competition
Brončková, Hana ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
This presented thesis deals with the issue of prohibition of employee's competitive conduct during and after the employment relationship. The purpose of the thesis is to analyze the provisions of the affected legislation and to refer to some related court decisions. The thesis is composed of five separate chapters, the main part is elaborated in Chapter Three (legal regulations of the prohibition of competitive conduct during the employment relationship) and Chapter Four (non-competitive clauses). Labour law states the conflict of employers and employees in economic competition and the related collision of fundamental right to freedom of trade and choice of profession with protection to ownership, but legal regulations of trade law may be applied. The thesis deals with both of these areas and also related criminal legislation. Attention is also paid to the historical survey of these issues and the thesis briefly describes some of the general context of the current Labour Code. Changes which are connected with the New Civil Code are mentioned as comments. The thesis also focuses on legal regulations of the prohibition of competition in Slovak labour law, in which it refers to the positive and negative aspects of the relevant sections of the Act as well as recent experiences of practical application.
|
|
|
Prohibition of a competition in labour relations
Hořáková, Jitka ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
This submitted thesis deals with a legal regulation of the prohibition of a competition in labour relations. The thesis is composed of six coherent chapters, the Fourth Chapter addressing the issue of current legal regulation applicable to prohibition of the competition in labour relations in the Czech Republic is the core part of the thesis. The purpose of the thesis is to analyse and to provide the comprehensive overview of the prohibition of the competition during the labour relation as well as after its termination (i.e. the non-competition clause). The thesis also briefly describes the legal concept of labour relations; the attention is also paid to the historical survey of the prohibition of the competition in labour relations. Furthermore, the thesis outlines the legal regulation of the prohibition of the competition in French and German labour systems. The main sources of information have been Czech and foreign publications, articles published in professional journals and court decisions. Due to the comparison of the various legal systems, the author has arrived to the conclusion that the legal regulations in all of the examined states are very similar, however some distinctions arising from the individuality of each state can be also found.
|
|
|
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.
|
|
|
Position of Statutory Bodies in Production Cooperatives
STEJSKALOVÁ, Naděžda
In 2012 a fundamental legislative change occurred and the new Civil Code and the Law on Commercial Corporations were brought into action, and thus the legal system of cooperatives was changed. This change affected an internal organisation, as well as a legal status of members of the Board of Directors, and explicitly specified a remuneration of members of statutory bodies. The position of a member of a statutory body is not and will not be easy. They can impact operation, functioning and management of cooperatives both positively and negatively, and their direct responsibility in case of failure threatens to exceed to a personal level.
|
|
|
State of the statutory body in companies
Nižníková, Andrea ; Kalinová, Miluše (advisor) ; Švarc, Zbyněk (referee)
The diploma thesis is focused on a state of the statutory body in companies. The legal regulation is set by the Act Nr. 513/1991 Coll. commercial code, as amended. The attention is given to the way to institute statutory bodies, duties and responsibility of members of statutory bodies and the way to act of companies. The new conception of the legal regulation of companies, especially of the state of statutory bodies, is mentioned at the conclusion.
|
guest ::
