SME Development in the Visegrad Area

2022

TBJ

The COVID-19 pandemic and lockdowns resulted in an unusual increase in electronic commerce not only in the conditions of the Slovak Republic. This fact also causes many unanswered questions in business practice, which bother entrepreneurs in ecommerce, especially in the context of consumer protection. The main goal of the article is to examine the current possibilities of electronic commerce in the conditions of the Slovak Republic and especially its limits in the context of consumer protection as a weaker part. Determining the goal of a scientific studye conceived in this way responds to the current practical problems in the business practice. Due to the nature of the researched topic, we have applied analysis, synthesis as well as comparison of legal regulations in the processing of this issue. However, in addition to the mentioned scientific methods of research, we also used scientific literature, case law and analogy of the law. In our scientific article, we strive for qualified answers to the needs of business practice. In conclusion, we critically point out the application problems we have identified and we proposed legislation.

Section: Consumer Protectionmentioning

confidence: 99%

E-commerce and its limits in the context of the consumer protection: the case of the Slovak Republic

2022

TBJ

“…If the executive commits a competitive act, then they are obliged to compensate the company for the incurred damage (actual damage + lost profit). A claim for damages, unlike the claims listed in §65 paragraph 2 of the Commercial Code, can be applied within the general four-year limitation period (Srebalová and Vojtech 2021).…”

Section: Non-competitionmentioning

confidence: 99%

A Critical Analysis of the Rights and Obligations of the Manager of a Limited Liability Company: Managerial Legislative Basis

KAŠŠAJ

2023

Laws

The rights and obligations of an executive as a top manager of a limited liability company seem to be a long-settled question. However, the opposite is true. We were particularly interested in the question of the rights and obligations of the manager as a statutory body of the most widespread type of business company. A very important issue is the definition of the relationship between the limited liability company and the manager. The reason for this is the fact that it is a business–legal relationship and the protection provided to the executive in relation to the business company is based only on their mutual contractual basis. In addition to the examination of managerial knowledge and skills, we focused primarily on a critical analysis of the legal definition of the rights and obligations of an executive and their responsibility towards a limited liability company. As part of our research, we analyzed extensive jurisprudence, which completed our understanding of the concept of an executive and also defined the framework of not only their actions, but especially their rights and obligations. To achieve our goal, we used several scientific methods designed for the study of law, such as analysis, synthesis, comparison, deduction, and description. We critically evaluated the results of our research and compared the development of Slovak and Czech jurisprudence in the context of its influence on the investigated issue. At the same time, we answered the research question of whether legislative intervention is necessary for the already existing rights and obligations of a manager in relation to their limited liability company. This analysis of the rights and obligations of the manager of a limited liability company has several implications for both managers and companies as a whole, such as managerial autonomy, accountability, responsibility, and the balance of power. The research findings highlighted the significant decision making authority granted to managers. The obligations identified in the analysis emphasized the need for managers to act responsibly and be accountable for their actions. The rights and obligations of managers need to be balanced with the interests of other stakeholders, particularly the company’s members. In conclusion, the critical analysis of the rights and obligations of the manager of a limited liability company, based on the managerial legislative basis, revealed that managers possess decision making authority, profit distribution rights, limited liability protection, and entitlement to compensation. However, they are also obligated to fulfill fiduciary duties, comply with laws and regulations, maintain proper records, and exercise due care. The research underscored the significance of managerial autonomy, accountability, and a balanced exercise of power in a limited liability company. By understanding and adhering to their rights and obligations, managers can effectively navigate their roles while contributing to the success and sustainability of the company

“…However, Srebalová and Vojtech (2021) understand the content of the employment relationship as the totality of rights and obligations of both the employer and the employee. According to these authors, an employer is generally obliged to allocate work to an employee according to the employment contract, pay for their performance, create conditions for the performance of the work tasks and comply with other legislation.…”

Section: Literature Reviewmentioning

confidence: 99%

Flexibility of creating and changing employment in the options of the Slovak Labor Code

Problems and Perspectives in Management

2021

Flexibility of the employer’s ability to manage human resources during the several-month “lockdown” due to the COVD-19 pandemic has proven crucial to the survival of a Slovak company. However, this flexibility, unlike other contractual relationships, is strictly regulated by the Slovak Labor Code. Given the scope of the problem, the paper focuses only on issues related to the possibility of creating and changing employment in the Slovak Republic, which must be addressed by the management of all companies. The main purpose of the study is to assess flexibility in creating and changing employment. In processing this managerial issue, analysis, synthesis, deduction, and comparison are used. It was found that the Slovak Labor Code is flexible enough and fulfills its purpose. Despite its flexibility, it also provides an employee with the necessary protection in employment relations and allows him, in agreement with an employer, to grant more rights than he himself guarantees. However, in the current information age, it does not allow for electronic conclusions of legal acts and still prefers the paper form. Another disadvantage is the finding that it does not regulate the institute of a management contract, which objectively causes problems between the employer and the manager, especially in the issue of stability of a managerial position.&nbsp; AcknowledgmentThis scientific paper was created within the project VEGA [1/0320/21] “The Role of Universities in Building the Knowledge Economy” and was supported by funds from Comenius University in Bratislava, Faculty of Management.