| Abstract [eng] |
Conclusion, Performance and Termination of Employment Contracts with Executives In this work, there are analysed the topics of the concluding, performance and termination of employment contracts with managerial employees. The work consists of three parts. In order to reveal the conception of managerial employees, in the first part of the work, there are analysed the specifics of the status of a juridical person’s single-person management body and of the other managerial employees. In this part, there are analysed the legal position of the juridical person’s single-person management body, its capacity and specifics of status according to different legal forms of juridical persons. In the first part of the work, there is also discussed the concept of the heads of divisions (branches and representative offices) of a juridical person, the members of the collegial management or supervisory bodies, and other managerial employees, who have the right to give mandatory instructions to subordinate employees, and there are analysed and compared the specifics of the legal status of different groups of managerial employees. In the second part of the work, there is provided the analysis of questions of concluding and performance of employment contracts with managerial employees. In this part, there are described cases when it is obligatory to conclude an employment contract with the managerial employees of different groups and the question of representation when concluding an employment contract is analysed. In order to reveal the specifics of performance of the employment contract of the managerial employees, the specifics of working time accounting, payment, dispute settlement and other labour relations are analysed, as well as the question of the responsibility of the managerial employees for the damage caused to the juridical person is analysed. In the third part of the work, there are analysed the specifics of the termination of employment contracts with the managerial employees, separately distinguishing the general grounds for termination of employment contracts and the institution of removal from appointment. According to the case-law, in the third part of the work, the discretionary right to use the removal, the removal procedure and the question of fault are analysed too. |
