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...

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...

Magdalena Danielová Non-competition clause The main aim of this diploma thesis is to provide complete summary on a non-competition clause as an institute of labour law. This issue is up-to-date and primarily serves for the protection of employer's information, knowledge and procedures from potential misuse by its employees. The current legislation involves some ambiguous and imprecise formulations which may cause problems within use of a non-competition clause in practise. The first chapter is devoted to determination of fundamental legal terms in labour law which are associated with the limitation of competitive activities and non-competition clause. In the end of this chapter the definition of a limitation of competitive activities within employment and non-competition clause will be given. The second chapter describes historical development of the legislation on non-competition clause which appeared for the first time in the Czech legislation in the half of the 19th century. Modern legislation brought ambiguous views on its sre-introduction and content of a non- competition clause. The third chapter is focused on the current legislation of a non-competition clause in Act No. 262/2006 Coll., Labour Code. Except for the amendments which have been approved since the effectiveness of new Labour Code, the...

TITLE: Non-competition clause AUTHOR: Kryštof Šťastný DEPARTMENT: Department of Labour Law and Social Security Law SUPERVISOR: JUDr. Ljubomír Drápal ABSTRACT: The aim of this thesis is to present a comprehensive description of the historical development of legal regulation of the non-competition clause from 1910 onwards, to point out the most important aspects of the current legal regulation, and to compare Czech legal regulation of this institute with its equivalent in German legal system. To achieve this aim, an analysis of the historical regulation of the non-competition clause is conducted and the positives and negatives of each regulation are presented. Emphasis is nevertheless put on the analysis of the present legal regulation of the non-competition clause in the Labour code. To put the Czech regulation of the non-competition clause into international context, a comparative analysis of Czech and German regulation is conducted, and the positives and negatives of the German regulation are assessed. The most important terms and concepts are introduced and defined in the first chapter to make their usage clear for the rest of the thesis. The second chapter is dedicated to the historical development of the regulation of the non-competition clause in the present-day Czech Republic. The historical...

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

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...

The aim of the thesis is to be a comprehensive analysis of the non-competition clause in Czech Labour law. The reason for my research is to examine the non-competition clause, compare and contrast its advantages and disadvantages and to make a conclusion, whether the current legislation meets the requirements of both contracting parties. The thesis is composed of four chapters, each of them dealing with different aspects of non-competition clause, its history and its current problems. Chapter One is introductory and describes the competition in general and in Labour law. The chapter is subdivided into two parts. Part One describes the difference between the competition during the employment relationship and after termination of the employment. Part Two describes the basic terminology and the current state of a non-competition clause. Chapter Two focuses on the history of the non-competition clause in our legislation and illustrates the evolution of such institute. This chapter is subdivided into three parts. Each of them focuses on a specific historical period in the evolution of the non-competition clause. Chapter Three examines non-competition clause in the recent legislative history and comprises of four parts. Part One contains the wording of a non-competition clause in the Labour law legislation...

Made available in DSpace on 2016-04-26T20:25:46Z (GMT). No. of bitstreams: 1 Catia Guimaraes Raposo Novo.pdf: 555202 bytes, checksum: e44448aea27be28bf94d52f9a43c0f9c (MD5) Previous issue date: 2007-06-29 / With economic globalization and new technologies, know-how and researches developed became more relevant for the economic development of the societies. In addition to the capital and to labor, knowledge became an essential factor in the manufacturing process and generation of wealth, which in this new economic model ensures a company´s competitiveness and, in many cases, its own survival. The aforementioned changes have an impact on the working relationships as the inclusion of specialized employees in strategic areas of the company, including their access to privileged knowledge and information brought the need of new demands for regulating the employment agreement. Notwithstanding the foregoing, the inclusion of the non-competition clause in the employment agreement generates, theoretical deadlocks because it covers a period subsequent to the end of the employment relationship and addresses antagonic interests, particularly, the exercise of full employment in opposition to the property. Furthermore, this discussion covers the issue of the free will principle (autonomia da vontade) vis-à-vis the protectionism typical of the employment agreement. Therefore, considering the lack of laws regulating this theme, this study examines the applicability and prerequisites for the enforceability of the non-competition clause in the Brazilian law system, taking into account historic aspects; principles guiding the employment relationship; and those regulating agreements in general, compared right and the parties´ interest in including this clause. In short, after the analysis of the aforementioned topics, the conclusion was that the non-competition clause included in the employment agreement is an important instrument to safeguard the rights of both parties: employers and employees, and an applicable alternative to prevent conflicts related to manufacturing forms, management of knowledge and business competition practices / Com a globalização econômica e as novas tecnologias, o know how e as pesquisas desenvolvidas se tornaram mais relevantes para o desenvolvimento econômico das sociedades. Além do capital e do trabalho, o conhecimento passou a ser fator essencial ao processo de produção e geração de riqueza, o que, nesse novo modelo econômico, garante competitividade a uma empresa e, em muitos casos, sua própria sobrevivência. Tais mudanças têm impacto nas relações de trabalho, uma vez que a inserção de empregados especializados em áreas estratégicas da empresa, inclusive com acesso a conhecimento e informações privilegiadas trouxe a necessidade de novas demandas de regulamentação ao contrato de trabalho. A inclusão da cláusula de não-concorrência no contrato de trabalho gera, porém, impasses teóricos, haja vista que abrange período posterior à extinção do liame empregatício e trata de interesses antagônicos, notadamente, o exercício do pleno emprego em face do direito à propriedade. Ademais, a discussão passa pela questão da autonomia da vontade frente à rigidez do protecionismo inerente ao contrato de trabalho. Assim, considerando a lacuna legislativa quanto ao tema, são analisados no presente estudo a aplicabilidade e pressupostos de validade da cláusula de não-concorrência no direito pátrio, levando em conta aspectos históricos; princípios que norteiam a relação de trabalho, bem como os que regem os contratos em geral; o direito comparado; e os interesses das partes para sua pactuação. Em síntese, após a análise dos tópicos mencionados, foi concluído que a cláusula de não-concorrência inserida no contrato de trabalho é importante instrumento para garantia de direitos recíprocos entre empregados e empregadores, e meio hábil a se evitar conflitos concernentes às novas formas de produção, gestão do conhecimento e de práticas de concorrência empresarial

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...

Made available in DSpace on 2016-04-26T20:21:09Z (GMT). No. of bitstreams: 1 Aldo Augusto Martinez Neto.pdf: 757911 bytes, checksum: 1c69678c8e3179bcd8642b3584bfe737 (MD5) Previous issue date: 2012-09-18 / The overcoming of legal positivism, as well as recognition of the normative force of the Constitution of the Federative Republic of Brazil, led the incidence of human rights in private relations, among them labor relations with emphasis on employment agreement. As employees and employers are both holders of human rights, there are situations in which it checks for collision between the opposing fundamental rights. In order to solve the contradiction of human rights it is necessary to apply the principle of proportionality (adequacy, necessity and proportionality in the strict sense). We applied the principle of proportionality to reexamine the assumptions of non-compete clause to be effective after employment agreement termination in view of the collision between employees‟ human rights of freedom of work and employer's human rights of property. Applying the principle of proportionality it is possible to conclude that non-competition clause is in compliance with Brazilian labor legislation if the agreement observes the following assumptions: (i) justification for the restriction cause, (ii) temporal and geographical limitations, (iii) description of the activities and constraint of the object and (iv) financial compensation / A superação do positivismo jurídico, bem como o reconhecimento da força normativa da Constituição da República Federativa do Brasil (CRFB), propiciaram a incidência dos direitos fundamentais nas relações privadas, dentre elas as relações trabalhistas, com ênfase no contrato individual do trabalho. Como empregados e empregadores são ambos titulares de direitos fundamentais, há situações em que se verifica a existência de colisão entre os direitos fundamentais opostos. Para solucionar esta antinomia de direitos fundamentais recorre-se ao princípio da proporcionalidade (adequação, necessidade e proporcionalidade em sentido estrito). Aplicou-se o princípio da proporcionalidade para examinar os pressupostos de licitude da cláusula de não concorrência com vigência após o encerramento do contrato individual do trabalho em vistas à colisão entre os direitos fundamentais de liberdade de trabalho do empregado e de propriedade do empregador. Através do princípio da proporcionalidade chega-se à conclusão da licitude da cláusula de não concorrência desde que observados os seguintes pressupostos: (i) motivação da restrição, (ii) limitação temporal e geográfica, (iii) descrição das atividades objeto da restrição e (iv) compensação financeira