Souběh funkcí po rekodifikaci
Concurrence of Functions after Recodification

Summary/Abstract: This article examines the topic of concluding employment agreements with the members of bodies of Czech companies (such as, inter alia, executive directors of limited liability companies and members of the board of directors of joint stock companies) and simultaneous employment and directorship. The article describes case law and the development of legislation regarding this topic and provides an analysis of the topic under the current legislation (i.e. new Civil Code and Act on Corporations). The article comes to the conclusion that the current legal regulation does not support the idea that members of bodies of Czech companies should carry out their activity for the company on the basis of employment contract. This however does not necessarily mean that such employment agreement has to be deemed invalid. The article details certain examples of provisions in the employment agreements and analyses how these shall be interpreted in a given situation.

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