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Remuneration of members of the governing bodies of joint stock companies
Zahradníček, Jaroslav ; Černá, Stanislava (advisor) ; Horáček, Tomáš (referee)
1 Abstract Remuneration of members of the governing bodies of joint stock companies The goal of this thesis is to analyze the law regarding remuneration of members of the governing bodies of joint stock companies. The topic is a timely one, since high bonuses were one of the causes of the financial crisis. The thesis primarily devotes its attention to the law contained in the Commercial Code. The amendments to the Act on Business on the Capital Market are also mentioned. The recommendations of the European Commission and Directive of the European Parliament and Council are then subjected to analysis. Basic issues are addressed in the introduction to the thesis. The governing body of a joint stock company is the Board of Directors and deciding on its remuneration falls within the competence of the General Meeting. Frequently members of the Board of Directors also hold concurrent office in the company as employees. The difference between claimable and non-claimable bonuses and fixed and variable bonuses is explained. A member of the Board of Directors is in principle entitled to at least the usual bonus for performing his or her office according to the average use of the mandate contract. If the parties so agree or the law so stipulates, performance of the office is not paid. The actual declaration of the...
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Personality and personal data protection in employment law relationships
Zahradníček, Jaroslav ; Štefko, Martin (referee)
Personality and personal data protection in employment law relationships This dissertation deals with the topic of personality and personal data protection in employment law relationships. This is a very topical subject, as the development of information technology has made it easier for employers to infringe on their employees' privacy. Today, the widespread use of information technology and the related process automation in the workplace makes it easy to monitor employee performance, to track when an employee takes a break and how long it lasts, to monitor how the employee cooperates with other employees, and how the employee uses entrusted resources. Apart from that, a new regulation on personal data protection has also recently contributed to the popularity of the topic: the adoption of the General Data Protection Regulation (GDPR). Although this regulation does not bring many new legal rules compared to the previous legislation, it severely and significantly toughens the penalties for violating the rules. This dissertation is divided into 4 parts. The first part deals with the legal framework and legal sources of the analysed topic and further describes the general basis for examining the personality protection, including privacy protection, and the protection of personal data, which is...
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Personality and personal data protection in employment law relationships
Zahradníček, Jaroslav ; Hůrka, Petr (advisor) ; Chvátalová, Iva (referee) ; Morávek, Jakub (referee)
Personality and personal data protection in employment law relationships This dissertation deals with the topic of personality and personal data protection in employment law relationships. This is a very topical subject, as the development of information technology has made it easier for employers to infringe on their employees' privacy. Today, the widespread use of information technology and the related process automation in the workplace makes it easy to monitor employee performance, to track when an employee takes a break and how long it lasts, to monitor how the employee cooperates with other employees, and how the employee uses entrusted resources. Apart from that, a new regulation on personal data protection has also recently contributed to the popularity of the topic: the adoption of the General Data Protection Regulation (GDPR). Although this regulation does not bring many new legal rules compared to the previous legislation, it severely and significantly toughens the penalties for violating the rules. This dissertation is divided into 4 parts. The first part deals with the legal framework and legal sources of the analysed topic and further describes the general basis for examining the personality protection, including privacy protection, and the protection of personal data, which is...
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Remuneration of members of the governing bodies of joint stock companies
Zahradníček, Jaroslav ; Černá, Stanislava (advisor) ; Horáček, Tomáš (referee)
1 Abstract Remuneration of members of the governing bodies of joint stock companies The goal of this thesis is to analyze the law regarding remuneration of members of the governing bodies of joint stock companies. The topic is a timely one, since high bonuses were one of the causes of the financial crisis. The thesis primarily devotes its attention to the law contained in the Commercial Code. The amendments to the Act on Business on the Capital Market are also mentioned. The recommendations of the European Commission and Directive of the European Parliament and Council are then subjected to analysis. Basic issues are addressed in the introduction to the thesis. The governing body of a joint stock company is the Board of Directors and deciding on its remuneration falls within the competence of the General Meeting. Frequently members of the Board of Directors also hold concurrent office in the company as employees. The difference between claimable and non-claimable bonuses and fixed and variable bonuses is explained. A member of the Board of Directors is in principle entitled to at least the usual bonus for performing his or her office according to the average use of the mandate contract. If the parties so agree or the law so stipulates, performance of the office is not paid. The actual declaration of the...
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Genome size variation and evolution of Hieracium L.
Zahradníček, Jaroslav ; Suda, Jan (referee) ; Chrtek, Jindřich (advisor)
In this study, 43 "main" species (Zahn) of the subgenus Hieracium and 3 species of the subgenus Chionoracium were studied karyologically and cytometrically. Triploid cyto- types predominate in the whole of Europe. Diploid cytotypes are mainly concentrated in specific areas of presumed glacial refugia in southern Europe. Chromosome counts of plants from the subgenus Chionoracium are congruent with all values published so far. The measured monoploid genome size in subgen. Hieracium correlated with the concurrently produced molecular phylogeny (ETS), which also separated two main lineages of species that correspond to their geographic distribution. Both these lineages differed significantly in genome size (Cx). On average, members of the "eastern" group had over 1 pg more DNA members of the "western" group. Some of the "main" species were marked as hybridogeneous/hybrid between the two lineages by ETS markers. The genome size of these hybridogeneous species was surprisingly higher than the average genome size of both main lineages. Intraspecies variability in genome size was found in seven species. It has been explained by the presence of populations of hybridogeneous origin, multiple polyploidization events and, in one species, turned out to be a methodical artifact. Both subgenera under study markedly...
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Risk of hybridization of threatened P. fruticosa with cultivated Prunus species
Musilová, Lenka ; Vít, Petr (advisor) ; Zahradníček, Jaroslav (referee)
Many agriculturally important fruit trees occur in the genus Prunus, among other also Sour cherry (Prunus cerasus) and Sweet cherry (Prunus avium). P. cerasus is considered to be an allopolyploid hybrid originated by hybridization of Prunus fruticosa (2n = 4x = 32) and P. avium (2n = 2x = 16). The world production of sour cherry fruit (P. cerasus) in 2008 is estimated to be more than 1, 15 million tones. Prunus fruticosa is a steppe (forest steppe) relict species, severely endangered in the Czech Republic (C2). The main threat of P. fruticosa are both the direct and indirect human activities, causing, above all the loss of natural biotopes and hybridization with cultivated species that ran wild to the nature. P. fruticosa hybridizes all over its occurrence area with wild P. cerasus (Sour cherry; which is not primary species of the Czech Republic) and originates fertile hybrid Prunus × eminens. The results of existing studies indicate that the hybrids are more common in the central Europe and that the frequency of hybridization rises towards the west. Such phenomenon is related to human activities (cherries cultivation and landscape changes). Many authors consider hybridization to be the main cause of endangerment of this species and noticed that in many habitats the hybrids could totally replace...
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Legal status of shareholder pursuant to the Business Corporations Act
Zahradníček, Jaroslav ; Kříž, Radim (advisor) ; Pihera, Vlastimil (referee)
Shareholder is an essential part of a joint stock company. No joint stock company can exist without its shareholders. Although, due to the nature of a joint stock company shareholders are not entitled to direct exercise of executive functions in the company, they may influence the operation of the join-stock company using their shareholder's rights. In connection with participation in the company, shareholders have also other rights, in particular right to a profit share or to a liquidation share. Special rights are granted to a minority shareholders (or qualified shareholders), due to their weaker position in the company. In addition, shareholders must fulfill certain obligations towards the company, in particular to fulfill a contribution obligation and to behave loyally towards the company. The aim of this thesis is to describe in general all the rights and obligations of shareholders, i.e. to describe its legal status in the company pursuant to the Business Corporations Act. The Business Corporations Act is effective for a relatively short time (as of 1 January 2014) and though it is largely based on the repealed Commercial Code, the interpretation of certain provisions may raise more questions than answers. Therefore, this thesis also seeks to point out possible ambiguities of this new legislation and to offer a solution to them.
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Limited liability company – comparison of existing legislation with the legislation pursuant to the Act on Commercial Corporations
Zahradníček, Jaroslav ; Kříž, Radim (advisor) ; Hrnčíř, Petr (referee)
Due to the recodification of private law new act governing commercial companies shall apply from January 1, 2014 in the territory of the Czech Republic. The aim of this thesis is to compare existing legislation of limited liability company with the legislation pursuant to the Act on Commercial Corporations. The legislation of limited liability company should be significantly changed with many practical implications. Examples are removal of the minimal registered capital's concept, reduction of minimal investment contribution to CZK 1, the possibility to issue securities on business share, permission of more types of shares, permission of withdrawal of shareholder out of the company, new methods of voting at a general meeting including the cumulative voting, removal of the duty to create a reserve fund, the removal of the prohibition to create more companies in a row, changes in regulation of an association's agreement and many others. Major changes are not only presented, but also partially evaluated. Also many legislative deficiencies, new (and wrong) formulations in the legislation and other factors which should not appear in the legislation are pointed out. Evaluated are also relevant temporary provisions and also the impact of new legislation on limited liability companies founded pursuant to the Commercial Code.
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