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employment contract
OTTENSCHLÄGEROVÁ, Lenka
The target of baccalaureate work is to access the basic conception of occupational law, the description of occupational service and questions of occupational contract. The most common way when you establish employment is occupational contract. volition of employee and employer to create employment.We can define it as a bilateral legal act, which is based on an affirmative voluntary act of will employee and employers to create employment. The Labour law plays an important role in our lives. Each one of us is going to become employed one day and is going to enclose occupational contract with his employer. Not everybody understand clearly the contract.The dilemma of the whole process of negotiation or resignation of the contract is very complicated. Nobody should underestimate. The contract of employment should be an agreement of both parties and should contain just those arrangements which comply and can be suited to both subjects.
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Legal consequences with respect to the breach of contract under civil law
Hoder, Jan ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
- 54 - 6. Resumé Consequences of breaking the contract in civil law - Most of the relations is in civil law established by the contract. Contractual freedom is one of the basic freedoms provided by modern democtratic state. But unfortunately with the increasing amount of contracts there is also increasing number of cases when the contract is breached (intentionaly or not) by one of the contractual partners. The law presumes such cases and provides particular consequences. These consequences are the subject of this thesis. According to the Czech civil law there are following istitutes which can follow after breaching the contract: Default, the interest on the sum in arrears, a late payment charge, damages, penalty clause, liability for defects. The thesis is divided into several parts according to the described consequence. At the beginning of the thesis, there is an introduction into the problem, then there is described the contract. There is explained the term, then the process of making the contract (proposal and its acceptation). After clarifying the basic term of the thesis follows the description of mentioned consequences. The first is damages, it is placed in the front place because of its importance and many variations and possibilities of use. It comes after fulfilling certain conditions: Breaching...
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Agreements and contracts within copyright law
Skoupá, Linda ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
Agreements and contracts within Copyright Law This thesis examines the Contractual Copyright Law, which is a part of the Intellectual Property Law. The aim of the thesis is to analyze the valid legislation dealing with license agreement in the Czech Republic. The thesis is composed of eleven chapters. Chapter One is introductory, it explains the importance of the Copyright Law and briefly describes the structure of the thesis. Chapter Two examines the sources of the Contractual Copyright Law on Czech, European and international level. Chapter Three provides the initial introduction to the Copyright and Intellectual Property Law in general. It explains specific terms of this branch of law, such as "the work" and "constitutive transfer of rights", which are crucial for understanding of the topic of thesis. Chapter Four describes the License Agreement itself and the legal relationship arising out of it, its purpose, subjects, object and content, while chapter Five examines the ways of classification of License Agreements. Chapter Six concentrates on problems of principles governing the License Agreement and its elements. Chapter Seven deals with the transfer of the license and chapter Eight with the special ways of a legal relationship termination based on the License Agreement. Chapter Nine contains...
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Innominate Contracts in Business Relations
Horčicová, Iva ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
Diploma thesis Innominate Contracts in Business Relations deals with a legal basis of innominate contracts in the Czech private law. It focuses mainly on so the called Modern innominate contracts. The purpose of the thesis was to answer whether leasing, factoring and franchising contracts should be codified. Consequently, it aimed to prove or disprove that the Czech legal regulation does not reflect the recent developments in business environment. The thesis is divided into two parts. In the first chapter an analysis is carried out on the legal regulation of innominate contracts in the Czech business law, civil law, labour law and international private law. The legality of innominate contracts and the applicability of an analogy is discussed in this part. Based on the Czech legal regulations and court decisions it was concluded that innominate contracts were valid and that courts may use analogy when deciding on civil or commercial contracts. The second chapter deals with the contents of leasing, factoring and franchising contracts. It concludes that there are reasons against the codification of the above mentioned contracts. The content of an operating leasing agreement very much resembles a rental contract which might be used for this kind of leasing contract.A leasing purchase contract does not present any new answers to issues which had already been dealt with by court decisions. The substance of a factoring contract -- assignment of a receivable is already regulated by the Civil Code. A franchising agreement involves parts of many types of codified contracts and interlocks with multiple legal areas. Moreover, all the above mentioned contracts are challenged by a fast pace of development therefore a codification could hamper the progress or it could become obsolete. Based on the above mentioned facts the thesis concludes that leasing, factoring and franchising contracts should not be codified in the Czech private law as separate contract types and therefore disproves the primary proposition of this thesis and subsequently infers that the Czech legal regulations do not reflect a recent business development.
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True and fair view of the acounts to Czech Financial Standard and IFRS
POLÁKOVÁ, Jana
The aim of the bachelor´s work was the comparison of accounting reports of the chosen company, which shows final accounts according to ČÚP (Czech accounting regulati-ons), but for its parent company in France shows final accounts according to IFRS. In the first part of the work there are described the accounting methods, principles, the content, the composition of final accounts according to Czech accounting regulations and according to international accounting standards including the description of chosen accounting cases in IFRS financial lease, small long-lived assets and construction con-tracts. The second part is concentrated on the real accounting cases, with the comparison of showing in the company reports according to ČÚP and IFRS. Due to the limited extent of the work there is only the comparison of balance sheet and income statement. On the basis of the work result there was a recommendation to the company how to correct accounting of construction contracts in IFRS.
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Informing employees about terms and conditions of employment contract
Čapková, Barbora ; Soušková, Milena (advisor) ; Spirit, Michal (referee)
The bachelor thesis examines the situation of the statutory obligation to inform about terms and conditions of employment contract regarding both its development and its current legislative state with practical compliance. It analyzes in detail the emergence of this obligation and follows its evolution in the legislative norms. It also includes a summary of points about which the employee should be informed in connection with the creation of employment and a dividing of these according to the statutory announcement time. In the practical part are described the results of work inspections conducted in 2010 focused on the aforesaid obligation. The issue of breaches of the obligation to inform about terms and conditions of employment contract is examined in a questionnaire survey too. Finally also an outline of options solving the non-compliance and circumvention of this obligation is included in the conclusion.
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Zastřený pracovní poměr
Kouřilová, Iveta
This bachelor's thesis deals with the issue of a disguised employment relationship, otherwise known as the Svarc system. The theoretical part first introduces the main features and legal environment of self-employment and of dependent work, which are terms closely connected with the Svarc system. The Svarc system itself and contracts for work are also mentioned, because these contracts are often used to disguise employment. The practical part analyses examples from practice and on the basis of these develops recommendations for entrepreneurs about how to proceed when concluding contracts so as not to break the law. These recommendations are also accompanied by a model employment contract. Finally, the bachelor's thesis evaluates the Svarc system from an economic point of view.
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Withdrawal from a contract in business relations (preconditions and consequences)
Veselý, Jan ; Plíva, Stanislav (referee) ; Čech, Petr (advisor)
62 Grounds for termination of a commercial contract: summary and keywords The thesis you are about to read deals with the concept of termination of a contract (sometimes referred to as withdrawal from a contract, "odstoupení od smlouvy" in Czech) under the general provisions of the Czech Commercial Code concerning commercial contractual obligations. This concept is generally perceived as a unilateral remedy designated to resolve the situations of fundamental non-performance of the contract and as such it presents an exception from the principle of preservation of the contract. The thesis focuses namely on general and particular grounds for termination. The purpose of the thesis is to compare the scope in which this remedy is available to the aggrieved party under the general provisions of the Czech Commercial Code as interpreted by relevant doctrine and case law with the standard scope under various international legal documents. The thesis consists of four chapters. The first chapter characterizes the concept of termination in general and outlines its' role within the contract law. The main functions of termination (protection of the aggrieved party, motivation and penalty of the other party, possible way of escape from the contract) are described. A brief introduction of the compared international legal...
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