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Status of senior employees
Horáková, Karolína ; Matějka Řehořová, Lucie (advisor) ; Morávek, Jakub (referee)
Status of senior employees This thesis deals with a special category of employees who have the task of managing, organising and checking the work of subordinate employees. It is often crucial for the employer's operations to have these senior employees in the company, especially to better ensure the organisation of work, where the employer may not have sufficient overview of all their employees, especially if it employs a large number of people. Managers thus act as a necessary link between employers and rank-and-file employees, fulfilling the employer's will through their activities, thus facilitating the performance of the employer's activities, but also making it easier to manage a larger number of employees, which can also lead to greater success of the company. Since this is a significant part of (almost) every work group, it can be considered more than appropriate to define as much knowledge as possible regarding the position of senior employees within one specific job type, where for this purpose not only various professional articles in periodicals, the authors of which are used with senior employees have dealt with in the past, but above all in this work, court jurisprudence is processed, with regard to insight into employment relations in practice. Due to the nature of the chosen topic,...
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Concurrence of membership in governing body of a limited company and employment relationship
Lapáčková, Tereza ; Josková, Lucie (advisor) ; Eichlerová, Kateřina (referee)
Concurrence of the membership in the statutory body of a capital company and the employment relationship Abstract This thesis is focused on the concurrence of the membership in the statutory body of a limited liability company and a joint stock company and the employment relationship with the same company. The aim of this thesis is to analyse the issue of such concurrence in terms of both current and historical legislation, case law and professional discussion. Using the above, the author tries to define, whether and under what conditions is possible to operate both as an employee and a member of a statutory body in the same company. The content of this thesis is divided into an introduction, five chapters, which are further divided into relevant subchapters, and a conclusion. The first chapter is focused on the definition of legal concepts that are crucial for understanding the issue of concurrence of functions. At the same time the reasons which may lead to the occurrence of such concurrence are outlined. The main chapters of this thesis are the second and the third. These chapters are devoted to a recapitulation of the historical development of this issue from the time of the First Czechoslovak Republic to the present time. In those, the author deals not only with the various case law of the Czech courts...
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The Board of Directors of a joint stock company and the position of its members
Šula, Marek ; Eichlerová, Kateřina (advisor) ; Patěk, Daniel (referee)
Board of Directors of a joint-stock company and position of its members Board of Directors of a joint-stock company is a body whose powers can be divided in two major fields of activity. The first one is called business management and involves organization and conducting of business within the company. The second one includes the right to act on behalf of the company in relations to third parties. The aim of my thesis is to analyze issues related to the so called "concurrence of duties" which has recently become very relevant and there is still no generally accepted solution. Concurrence of duties can be defined as a situation, where a member of the Board of Directors performs, besides his duties, other duties for the company (different from his duties of a member of the Board of Directors) as an employee of the company. These concurrent duties are based on different legal rules, so e.g. the respective liability for damage in connection to the performance of such duties, possibilities of termination of the legal relationship between such person and the company or tax and insurance payment conditions are regulated differently. The problem is that it is unclear how such person is to be considered - whether he/she is a member of the Board of Directors or an employee. I tried to analyze the current...
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Concurrence of the function of a member of a statutory body and an employment relationship in the same corporation
Pulda, Tomáš ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Concurrence of the function of a member of a statutory body and an employment relationship in the same corporation Abstract The aim of this work is to comprehensively map the issue of concurrence of a member of a statutory body and an employment relationship in the same business corporation, both in terms of regulatory development and in terms of the most important court decisions concerning concurrence. The purpose is therefore to create an imaginary "timeline" that will reflect the various relevant provisions of the legislation and at the same time bring a selection of the most interesting court decisions. The more practical side of the matter is also not neglected, when the validity of employment contracts, which create concurrence, is analyzed. The first chapter is focused on the basic theoretical background of both the field of labor law and commercial law, which is worked with in other parts of the work and which are important for understanding the whole issue. In the third chapter, I focused on case law, which represents a key role in the issue of concurrence of a member of a statutory body with an employment relationship. A substantial part of this chapter is devoted to the analysis of the Constitutional Court's ruling from 2016, but several decisions of the Supreme Court are also mentioned, whose...
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Concurrence of membership in the governing body of a limited company and employment in the same company
Liška, Štěpán ; Čech, Petr (advisor) ; Eichlerová, Kateřina (referee)
Concurrence of membership in the governing body of a limited company and employment in the same company The purpose of this master thesis is to provide comprehensive answer to the question of the admissibility of the concurrence of the function of a member of the statutory body of a capital trading company and employment relationship with the same company (concurrence of functions), especially with regard to the change of legislation brought by the recodification of private law effective from 2014. With the concurrence of functions, it is necessary to distinguish between situations where the subject of the employment relationship are actions falling within the competence of the statutory body (identical concurrence) and when the subject of the employment relationship are other actions (non-identical concurrence). The question of the concurrence of functions is a frequently discussed topic. That is mainly for the reason that many companies have established relationships with members of their statutory body in this manner. The area of the concurrence of functions was in the past and still is insufficiently statutory regulated. Most of the rules in this area are, therefore, inferred by case-law. The thesis is divided into six chapters. In the first part of the thesis, the basic theoretical concepts...
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Comparison of approaches to the issue of the concurrence of performance of the function of a member of the statutory body and the employment relationship in commercial corporations in the French and Czech legal order
Babulíková, Kateřina ; Josková, Lucie (advisor) ; Pelikán, Robert (referee)
Comparison of approaches to the issue of the concurrence of the performance of the function of a member of the statutory body and the employment relationship in commercial corporations in the French and Czech legal order The possibility of concurrence of the performance of the function of a member of the statutory body and the employment relationship within one company is traditionally non regulated by Czech legal order. The solution is based on case law which, due its rigorous approach and poorly developed argumentation, does not offer neither clear answer to the question, nor the sufficient level of legal certainty. The thesis aims to analyse the approaches to the issue of the concurrence and its solution in France and the Czech Republic respectively, compare this approaches and propose possible adjustments in the approach of Czech justice to the issue, regarding the decision of the Czech Constitutional court from 13th September 2016, no. I. ÚS. 190/15. The thesis is divided into four parts. First part defines the basic legal notions in context of the legal orders of both countries. In the second and third part are described both approaches to the issue of concurrence of the performance of the function of a member of the statutory body and the employment relationship in France and the Czech...
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The concurrence of employment with function of the statutory body in the business corporation
Wejmelka, Radek ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
72 SUMMARY The concurrence of employment with function of the statutory body was many times resolved in the practice and the judicature but almost after 25 years of judicature development there is no united view, whether the concurrence of employment with function of the statutory body is permissible under the Czech law or not. The main purpose of this thesis is to submit an analysis of this legal problematics in terms of commercial and labour law with overlaps into social security law and tax law with summary of the relevant judicature. The first chapter of this thesis is focused on the general definition of legal entities and natural persons. The second chapter follows up the performance of function of the statutory body in terms of commercial law particularly regarding the conditions and the rights and obligations of member of the statutory body. The third chapter mainly focuses on the employment in terms of labour law and on comparisons of the labour law and commercial law legal relationship. The fourth chapter provides an overview of historical development of the judicature regarding possible solutions found in judicature of High Court in Prague and Supreme Court of the Czech Republic and the arguments for and against the admissibility of concurrence of employment and function of the statutory body in...
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Concurrence of duties of a member of the board of directors and an employee within a joint-stock company
Šula, Marek ; Horáček, Tomáš (referee) ; Zahradníčková, Marie (referee)
Concurrence of duties of a member of the Board of Directors and an employee within a joint-stock company The aim of this thesis is to describe a situation, where a member of the Board of Directors of a joint-stock company is simultaneously an employee of the same company (so called concurrence of duties) and to analyze problems arising from this situation. In this context it is important to show the differences between labour-law relationship and commercial-law relationship, as well as to look at concurrence of duties in the past. An amendment to the Commercial Code made performance of the business management in the framework of parallel labour-law relationship possible, but the recodification of Civil Law that shall come into effect as of January 1, 2014 does not take concurrence of duties into consideration. One of the most important parts of this thesis will be thus looking for an answer to the question, what the situation regarding concurrence of duties will be in the future. The second crucial problem, that this thesis is focused on, is issue of concurrence of the powers to act on behalf of the company, i.e. if a member of the Board of Directors is entitled to act even as a contractual or legal representative of a company. At the conclusion, the author reflects real advantage of concurrence of...
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The Board of Directors of a joint stock company and the position of its members
Šula, Marek ; Eichlerová, Kateřina (advisor) ; Patěk, Daniel (referee)
Board of Directors of a joint-stock company and position of its members Board of Directors of a joint-stock company is a body whose powers can be divided in two major fields of activity. The first one is called business management and involves organization and conducting of business within the company. The second one includes the right to act on behalf of the company in relations to third parties. The aim of my thesis is to analyze issues related to the so called "concurrence of duties" which has recently become very relevant and there is still no generally accepted solution. Concurrence of duties can be defined as a situation, where a member of the Board of Directors performs, besides his duties, other duties for the company (different from his duties of a member of the Board of Directors) as an employee of the company. These concurrent duties are based on different legal rules, so e.g. the respective liability for damage in connection to the performance of such duties, possibilities of termination of the legal relationship between such person and the company or tax and insurance payment conditions are regulated differently. The problem is that it is unclear how such person is to be considered - whether he/she is a member of the Board of Directors or an employee. I tried to analyze the current...
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