The aim of my thesis is to explain the meaning of the expression "non- competition clause" and to analyse its legal regulation in Czech labour law. The reason why I chose this topic is that non-competition clause is a very dynamic subject with a lot of changes in a historical point of view as you can see above. First of all, non-competition clause is an instrument of labour law which protects an employer against the abuse of the company's confidential information, knowledge and other know-how by the employee. According to the Czech legislation, non- competition clause means a voluntary agreement between employer and employee whose purpose is to protect employer's interests by reducing employee's job opportunities which would have a competitive character to the employer after the determination of an employment with the employee. There are several conditions need to be achieved in order to conclude a valid non- competition clause. For example, this contract needs to be agreed in writing. Secondly, the non-competition clause may be valid for only a certain period of time, not exceeding one year. Moreover, an employer is obliged to pay the employee some kind of a financial compensation every month. The amount of this compensation needs to be at least one average monthly salary of the employee. This...

The main theme of this thesis is bullying in labour-law relations which is called more precisely mobbing. There has always occurred some kind of psychological violence in the society, but mobbing is assumed to be relatively a new phenomenon. Features like constant pressure on job performance, increasing unemployment and the whole pace of modern life, they all cause the more frequent tendency of mobbing. First, the important terminology related to the theme is explained. This explanation is necessary for the content of next parts of the thesis. It is the definition of labour-law relations with their division, subjects, basic principles, content, origin and extinction. Next, there are definitions of known and also less usual terms related to bullying in the text, problems of relationship between terms bullying and mobbing included. Next parts of the thesis are oriented to causes, phases, methods and consequences of mobbing. Then, the text is concentrated on legislation of protection against mobbing. The most important regulation in this field of law is undoubtedly the anti- discrimination act which with Civil Code provides means of private-law protection against discrimination and defence against bullying. Control activities of Labour inspection authority and possible protection provided by Penal Code are...

The purpose of this thesis is to analyse not only the general topic of the europeanisation but also the topic of the legal europeanisation as such. This thesis is divided into eight parts. Chapter I provides a general introduction of the europeanisation and it also sets down the goals of this thesis. Chapter II aims at the general overview of the labour law. Chapter III deals with the European Union and the European law. This chapter is divided into two subchapters. The first subchapter goes in mainly for the development of the European Union. This is followed by the second subchapter dealing with the development of the labour law in the European Union. European labour law has been developing long time and can be divided into three time lines. Chapter IV engages with the topic of the europeanisation. Firstly, the terminology is reconciled and afterwards it continues with the europeanisation in common sense. Also some definitions and opinions from authors dealing with the Europeanisation are taken into consideration and pointed out. Then, the legal europeanisation introduction come after with regard to reasons which lead the member states of the European Union to harmonize their own legal order or which tools are used to harmonize the legal orders. The following Chapter V targets the europeanisation...

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...

Liability for a damage in the practise of the courts: The aim of the thesis is to analyse liability for damage in the Czech labour law with an emphasis on the case law. The thesis contains examination of various aspects of liability for a damage in the labour law with the highlight on a practice of the courts. There are five chapters included in the thesis. The first one begins with the general conception of the liability in the Czech law. The liability for damage with the specification of its basis is described next. The next part points out that there are basically two kinds of the liability for damage: the liability of an employee and the liability of an employer. The ending of the first chapter is dealing with the significance of the case law in the continental Europe system, particularly in the Czech law. The second chapter characterises the liability for a damage of an employee. The General liability of an employee with a detail analysis of the basis of the liability, which can be found through the whole thesis, is presented firstly. In the next part focuses on the basic requirements for the formation of the distinctive liabilities for a damage, the Liability for a shortfall in things entrusted to an employee and the Liability for a loss of the things entrusted to an employee. The last part of...

Competitive clause in labour law The purpose of the thesis is an analysis of competitive clause (non-competition clause) in the Czech labour law. The thesis also contains a comparison of attributes competitive clause with the legislation in other European countries. The author of the thesis recommends changes to be made in Czech legislation. The thesis is composed of three chapters, which are Definition of basic terms, History and evolution of competitive clause and Current legislation of non-competition clause in the Czech Labour Code. Each chapter is divided into subchapters according to the relevant issues. Chapter One consists of six parts. The first four parts deal with the explanation of basic terms used in the thesis. These are labour law, employment law relationship, employee and employer and the concept of competition. In the fifth section is briefly introduced competition legislation in commercial law. The last subchapter focuses on competitive activity in labour law with an emphasis on competitive activity of the employee for the duration of the basic employment law relationship. The second chapter examines the history and evolution of non-competition clause in the area of current Czech Republic. This chapter is divided into subchapters according to the periods, in which is described the...

Résumé Liability for damage in the judicial practice The intention of my thesis is to analyze the contemporary state of legal regulation concerning liability for damage in employment relations, considering not only the respective provisions of Act N. 262/2006 Sb., the Labour Code, as amended, but also with respect to the significant judicial practice. The composition of this topic basically follows the systematics of the Labour Code. The script is composed of six chapters, each of which is further subdivided in order to preserve a certain sequence and hierarchy. The opening chapter is dedicated to the theoretical conception of legal liability for damage in general, concluding with a brief article about the General liability for damage according to the Civil Code. Chapter two describes the integration and the purpose of the practice of the courts in relation to the Czech legal order. The third chapter provides a description of liability for damage in employment relations, including the explanation of the legal terms of "damage" and "immaterial harm". An article about the prevention from damage is attached as well. Chapter four focuses on the liability for damage of an employee. In the first place, it deals with the employee's general liability and then subsequently with all of the three special types of...

Developmental trends in labor law in light of automation, digitization and robotization Abstract This master thesis deals with developmental trends in labor law in the light of automation, digitization and robotization. It analyzes the individual trends and gives the evidence that the dynamic pace of the Fourth Industrial Revolution has a significant impact on labor law sub-institutes and the overall labor-law paradigm. The work itself is divided into four parts. The first and second part set out the starting points and basic concepts and analyze the developmental trends that have influenced the world of work since the beginning of human history. There is an emphasis on the similarity of historical development trends with current trends. The third part of the thesis analyzes the current developmental trends in labor law by prism of the values established in the first part of the thesis. It focuses on the ability of the Czech Labor Code to regulate flexible forms of employment. At the same time, it emphasizes the factual changes in labor relations and the legal status of their participants in the digital era. It also analyzes in detail the trend of shared economy and its influence on the form of labor relations with reference to the case law of the Court of Justice of the European Union. It also takes into...

The dissertation thesis deals with the regulation of the private international law matters within EU law focusing on the area of labour law.1 The thesis is divided into four basic parts, its centrepiece being parts II and III, which are devoted to relevant general issues related to the regulation of international private law within EU law and/or to the specific legal instruments adopted in this area. Part I is an introduction of the topic, while part IV brings a résumé and a summary of findings and conclusions made throughout the thesis. First of all, the introductory part brings about a justification as to why it was European private international law and/or its part concerning labour law relationships that became the subject matter of the thesis. Emphasis is placed upon the purpose of this legal regulation, its basic features as well as its practical importance. Also, the author explains her motivation to address the concerned topic (consisting in a quite unusual interconnection of international private law and labour law), brings about a justification as for the chosen approach to the topic and outlines the systemization of her thesis. Part II of the thesis, which is devoted primarily to some selected general issues of the legal regulation of European private international law, is divided into...

Thesis (LLM)--University of Limpopo, 2010 / The study evaluates the common law position regarding the principle of legitimate expectation at the workplace. Under the common law, the employer had the power to hire and to fire as he or she pleased. The employer could either fire for a good reason or for a bad one or for no reason at all, provided the dismissal was on notice. In other words the employer was not required to show good cause for terminating the contract or to inform them employee of such reasons as they may be or to follow any special procedures before termination. It was not possible for the employee to raise question of legitimate expectation by then. The study exposed the complexity of this principle in our current labour laws. The two schools of thoughts regarding the principle have been analysed herein and a proper recommendation was made.