Reglementarea juridică a grevelor în actuala configurație legislativă din România

Author(s): Aurelia Gidro / Language(s): Romanian Issue: 2/2018

After analyzing the plurality of conditions that must be complied with in order to legally initiate a strike, the authors acknowledge that the Romanian legislation is so restrictive that the right to initiate a strike is practically nothing but a constitutional statement because the current applicable law in force (Law no. 62/2011) actually blocks the opportunity of those entitled to use the strike as means of fight (protest). The laws that regulated the strike and the right to a strike after the fall of communism in Romania (Law no. 15/1991 and Law no. 168/1999) also revealed a certain amount of formalism which became excessive under the current settlement of regulations, intolerably multiplying the reasons of illegality related to a strike. The authors of the present study believe that the legitimacy and the content of the political strike notion must be imperatively reviewed.

Aplicabilitatea interdicțiilor temporare de concediere în cazul încetării contractului individual de muncă pe durata sau la sfârșitul perioadei de probă

Author(s): Maria Violeta Duca / Language(s): Romanian Issue: 03/2021

The interpretation and the application of the provisions of Article 31 (3) and Article 60 of the Labour Code have led to the existence of a non-unitary judicial practice and to the expression of some divergent positions in the doctrine as regards the applicability of the temporary prohibitions on dismissal in case of termination of the individual labour contract at the initiative of the employer, during or at the end of the period of probation. In a first doctrinal and jurisprudential orientation it is argued that Article 60 of the Labour Code is not applicable, because we are not in the presence of a dismissal, but of a separate case of termination of the individual labour contract at the initiative of the employer. The second opinion argues the thesis according to which the termination of the individual labour contract at the initiative of the employer during or at the end of the period of probation is also a case of dismissal, the legislative derogations aiming only at simplifying the dismissal procedure during the period of probation, and not at removing the temporary prohibitions on dismissal provided by Article 60 of the Labour Code. The paper emphasizes that, by applying the rules of interpretation of the domestic legal norms and the principle of interpretation in compliance of the national law with European Union law, it follows that the termination of the individual labour contract at the initiative of the employer during or at the end of the period of probation must be qualified as dismissal. In accordance with the principle of equal treatment and in order to ensure the useful effect of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, the corroborated interpretation of the provisions of Article 60 and Article 31 (3) of the Labour Code reflects the applicability of the temporary prohibitions on dismissal and in case of termination of the individual labour contract of the employee during the period of probation.The employees on probation enjoy the right to health and safety at work and the right to annual rest leave under the same conditions as the employees whose labour relations have been strengthened, with no express legal derogation as concerns the benefit of these rights. De lege lata, the difference in treatment is enshrined in law only for restricting the right to protection against dismissal, not for the restrictions brought to these fundamental rights as well.

RESPECTAREA PRINCIPIULUI TRATAMENTULUI EGAL ÎN RELAȚIILE DE MUNCĂ

Author(s): Dragoş Lucian Rădulescu / Language(s): English Issue: 45/2021

The institution of discrimination presupposes the application of differentiations between employees, respectively of unequal treatments in the labor relations, which will lead to the non-recognition of the fundamental rights of the respective persons.The existence of acts of discrimination requires the knowledge of their subjects, usually in comparable situations as attributions, on which unequal treatment is applied or even in different situations, this time the treatment applied being similar. Discrimination involves the non-recognition of protected criteria, which are established either in the case of provisions of European law or in a non-limiting manner in national legal systems. In this respect, if the primary non-discrimination legislation is found in the European treaties, similar provisions have been transposed in the European directives, but also in the relevant national legislation. The article contains an analysis of the main criteria of discrimination, including the right of employers to objectively justify non-discrimination.

CONSIDERAȚII ASUPRA CAUZELOR CEDO PRIVIND MALPRAXIS-UL. DISPOZIȚII LEGALE INCIDENTE ÎN LEGEA NAȚIONALĂ

Author(s): Doian Chiriță / Language(s): Romanian Issue: 45/2021

Malpractice is a relatively recent institution in Romanian law, and can be categorized, at present, as a bitter reality of our society, which is increasingly faced by both medical professionals and beneficiaries of medical services. Unlike other legal systems, in which the term malpractice refers to negligence or incompetence on the part of a professional, in the national legislation we encounter the term malpractice defined in art. 653 of Law no. 95/2006 on the health care reform as “a professional error committed in the exercise of the medical or medico-pharmaceutical act, generating damages on the patient, involving the civil liability of the medical staff and the provider of medical, sanitary and pharmaceutical products and services” . As such, we can say that in the national legislation, when we talk about malpractice, we refer to medical malpractice.

Пенсионната система на Украйна: проблеми на реформата

Author(s): Mihaylo Shumilo / Language(s): Bulgarian Issue: 5/2012

Evoluția legislației muncii în spațiul românesc

Author(s): Alexandru Țiclea / Language(s): Romanian Issue: 04/2021

The labour law – a branch and science of the Romanian law system – has come a long way to the present days, when it fully manifests its specificity and autonomy that characterizes it. The doctrine evokes a „labour contract” concluded according to rules of the Roman law. In the Middle Ages, the Romanian principalities did not know regulations regarding legal labour relations. It was only in the Civil Code of 1864 that there were established specific regulations of some civil contracts which included some elements of some labour relations.The appearance and development of the industry determined, at the end of the 19th century and the beginning of the 20th century, the adoption of some legal norms aimed at the protection of workers. The labour legislation was invigorated due to the rules of the International Labour Organization, established in 1919. Our country, as a founding member, has ratified the essential conventions of this organization in the interwar period, but also later, to the present days.About a labour law, distinct, autonomous in Romania, one can speak only after the entry into force of the Labour Code of 1950. The development of the Romanian society, its economic and social level have also determined the evolution of the labour legislation and of the labour law, as it will be shown in the elaborated study.

THE LABOR INSPECTOR SEARCHING FOR …GODOT: UNDECLARED DISTANCE WORK

Author(s): Panainte Septimiu,Ramona Daniela Stangaciu / Language(s): English Issue: 3 (52)/2021

Undeclared labor has become an increasingly present phenomenonnowadays. Due to the pandemic context, there has been a transition towards working fromhome or under telework regime. These particular forms of individual labor contracts allow forgreater flexibility in terms of the place where a natural person works but, on the downside,they allow the parties to disguise the agreement or to avoid fulfilling the formalities imposedby the Law, such as concluding the contract in a written form and registering its elements inthe General Record of Employees. In light of the aforementioned, we aim to identify if the laborinspectors have effective means of identifying the cases of undeclared labor when naturalpersons are working remotely. Through this paper, in the first section, we discuss the legalbackground both at the national as well as at the international level, in order to shed light onthe concept of undeclared work. The following two sections will be dedicated to analysing ifthe inspection has any perspective of being an effective mean of identifying the situations ofundeclared labor. Finally, several directions of action are contoured – as de lege ferendaproposals – so as to tackle the issue of undeclared work.

THE CONTRACT OF EMPLOYMENT AND THE RIGHTS OF EMPLOYEES IN ALBANIA

Author(s): Tiri Edvana / Language(s): English Issue: 3 (52)/2021

The purpose of this paper is precisely the theoretical-practical treatment of theemployment contract under the Labor Code. The employment contract is an important legalinstrument. The parties in agreement with each other determine their rights and obligations.The contract has great importance for the employer and it is necessary for him to berecognized with his position in the company and institution. This paper will try to express theconcept and the importance of the employment contract and the rights of employees byregulating their relationship through the employment contract.

WORKING FROM HOME AND TELEWORKING FROM A FISCAL PERSPECTIVE

Author(s): Ada Hurbean,Bogdan Florea / Language(s): English Issue: 3 (52)/2021

The pandemic triggered by the Sars-Cov-2 virus generated a reconsiderationof labor relations. Before the pandemic, working from home and teleworking were theexception, the rule being the work organized at the employer's workstation or headquarters.The states of alert and emergency established on the Romanian territory forced the employersto look towards the organization of work from home and teleworking for their employees. Whileteleworking is regulated by a special law, working from home is regulated by several articlesof the Labor Code. The Romanian tax legislation establishes some rules regarding thesettlement and deduction by the employer of the expenses with the utilities of the teleworkersbut does not contain provisions regarding the similar expenses made by the employee whoare working from home.

FREEDOM OF CONTRACT IN LABOR RELATIONS

Author(s): Lireza Linert / Language(s): English Issue: 3 (52)/2021

The development of new technologies and recent changes in the economyhas made necessary a change of labour relations, to ensure their compatibility with the latestdevelopments. The aim of this article is to present the evolution and characteristics of thelabor contract and its effects on the Albanian practice. The theoretical analysis of thesecontracts is succeeded by the interviews, which intend to introduce the relation of thesecontracts with the principle of contractual freedom and to highlight several problems thatemerge in this legal action. The state mechanisms aiming to guarantee this principle seemweak. Consequently, the article makes several recommendations which will enable theapplication of this legal action guaranteeing at once the rights of the contractual parties.

Fleksibilizacija radnog prava — izazovi i granice

Author(s): Milica Kovač Orlandić / Language(s): Serbian Issue: 1/2019

Flexibilisation of labour law represents a complex process that brings with it numerous challenges. Generally speaking, it implies the abandonment of certain legal solutions in order to allow employers to freely manage their workforce. Flexibilisation has, to a greater or lesser extent, affected numerous labour law institutes, but has, in the first place, influenced the increase in the number of atypical forms of work and the possibility of terminating employment contracts. According to the original idea, this process should have been followed by a guarantee of a certain level of employees’ rights, that is, in addition to flexibility for the employer, it should have also provided certain safety for an employee, but this idea has been lost. The paper, thus, points out that it is necessary to rethink the relationship between the issues of the economic market, on the one hand and lowering the standards that protect the rights of employees, on the other hand. It also points out that flexibilisation must not lead to the abolition of historically realised values and complete deregulation. The author considers the flexibilisation process from the perspective of the challenges it brought with it, primarily, with regard to the protection of employees and the labour market segmentation, therefore, in this context, seeks to determine the flexibilisation limits, bearing in mind that further lowering of labour standards will not significantly improve the economic market.

Evoluții ale conceptului de flexicuritate în materia telemuncii

Author(s): Maria Violeta Duca / Language(s): Romanian Issue: 07/2021

As a result of the measures taken at the level of the Member States in order to combat the COVID-19 pandemic, the statistics show that the number of teleworkers has increased and, at the same time, telework can become an „endless job” with negative effects on the mental and physical health condition of teleworkers.In this context, at the level of the European Union, it was appreciated that it is necessary to secure the labour relations of teleworkers by unification of the legislations of the Member States in terms of the right to disconnect. The implicit way of regulating this right, which also exists in Romania, does not create an adequate protection for teleworkers.Exercising the right to disconnect implies a clear delimitation of the working time and of the rest time and the obligation of employers to monitor and measure the daily working time provided by teleworkers, as it results from the case law of the Court of Justice of the European Union.The role of the social partners is essential for the implementation of the right to disconnect and appropriate individual information measures must be taken in order to ensure that the employee is sensitized and made aware of the risks associated with permanent availability.Artificial intelligence creates the premises for telework to evolve into smartworking, which gives the teleworker full autonomy in choosing the place where he performs work.

THEORETICAL AND PRACTICAL ASPECTS REGARDING THE INTERACTION BETWEEN HUMAN WORKERS AND ROBOTS AT WORK

Author(s): Dan Ţop / Language(s): English Issue: 4 (53)/2021

Faced as we are by an unpredictable world of work, we have a greater need than ever for empirical studies on new and imaginative ways of organizing, rewarding, and managing work – matched with scientific knowledge about causality and complexity. Economic reality denotes that society is in a “digital revolution” and more and more activities previously carried out directly by human force are now being replaced by various computer programs, or by automating technical processes. It is expected that by 2030 many jobs will be filled by robots or devices, people will be replaced, but new types of jobs will be created. Among the jobs that will disappear in the next 25 years are accountants, agricultural workers and even construction workers. Soon, humans will compete with robots in the job market. The job market is changing radically in the next decade. Robots are increasingly present in our lives and we must prepare for the time when they will take over some of our jobs.

Wirusy enteropatogenne w środowisku pracy pracowników oczyszczalni ścieków

Author(s): Agata Stobnicka-Kupiec,Rafał Longin Górny / Language(s): Polish Issue: 6/2021

Wastewater is a potential source of pathogenic viruses. Hence, wastewater treatment plants’ workers may be exposed to these harmful biological agents during their occupational activities. The sources of these pathogens may be bioaerosols, emitted during technological processes, as well as sewage, sewage sludge or contaminated industrial surfaces. Exposure to viral pathogens may cause various diseases and adverse health effects including both intestinal and parenteral infections. Therefore, a reliable risk assessment and an appropriate containment measures are considered key factors in the prevention of occupational hazards among this group of workers.

Pole elektromagnetyczne emitowane przez systemy radiokomunikacyjne – zmiany na terenie Warszawy w XXI wieku

Author(s): Krzysztof Gryz,Jolanta Karpowicz,Patryk Zradziński / Language(s): Polish Issue: 7/2021

The common use of radiocommunication systems and their dynamic development affects the exposure of people to the electromagnetic field emitted by devices operating in these systems. Due to the large number of users in the urban environment, there is the highest density of radiocommunication antennas and the electromagnetic field with the most complex frequency spectrum. The article presents the results of the recognition and assessment of exposure to electromagnetic field emitted by radiocommunication systems, based on the results of own research, characterizing the evolution of the parameters of this exposure over nearly twenty years in the center of Warsaw. The results of discussed investigations shown, that till 2020 in considered locations in public buildings and outdoor urban spaces, there was no exposure of workers to electromagnetic field in Warsaw at levels requiring a periodic inspection with respect to the labour law provisions. Discussed investigations did not cover the evaluation of locally stronger electromagnetic field exposure in the proximity of emitting antennas located usually at the building roofs or free-standing constructions.

Szczepienia ochronne w Polsce

Author(s): Małgorzata Gołofit-Szymczak,Rafał Longin Górny / Language(s): Polish Issue: 7/2021

Vaccinations are the most effective prophylactic method in control of infectious diseases. Vaccination allows both the supervision of infectious diseases’ dissemination and, in many cases, their eradication. This paper introduces the reader to the knowledge of the history of vaccination, types of immunity and vaccines. The legal regulations concerning mandatory and recommended vaccinations in Poland were also analyzed.

Wpływ ekspozycji na zimno na sprawność manualną pracownika używającego rękawic ochronnych

Author(s): Magdalena Młynarczyk,Joanna Orysiak,Emilia Irzmańska / Language(s): Polish Issue: 7/2021

Exposure to a cold environment may have a negative effect on the worker's body. Unfavorable conditions can lead to the cooling of the distal parts as well as the body, and even to hypothermia. The following article focuses on one of the elements of the influence of the cold environment on the human body – on manual skills. It presents the influence of the cold environment on changes in hand dexterity, which in turn may translate into e.g. to increase the number of accidents, and therefore work safety.

Praktyczne aspekty stosowania sprzętu ochrony układu oddechowego przed zagrożeniami biologicznymi. Uregulowania prawne i analiza badań ankietowych

Author(s): Katarzyna Majchrzycka,Małgorzata Okrasa / Language(s): Polish Issue: 8/2021

The occurrence of biological hazards in the work and life environment often necessitates the use of appropriate respiratory protection equipment. This requires knowledge of both the basic issues arising from EU legislation and the specificity of the selection of this equipment, taking into account its protection lass and the time of its safe use. In this regard, a widely available and easy-to-use mobile application will be helpful, as it was designed for the selection and monitoring of the duration of use of respiratory protection equipment by individual users. The article describes in a synthetic way the basic legal requirements for respiratory protective equipment and the results of surveys regarding the experiences of users of such equipment and their expectations as to the functionality of the application. General assumptions for the development of the application were also presented.

Charakterystyka służb bhp w Polsce – wyniki badania

Author(s): Magdalena Dobrzyńska / Language(s): Polish Issue: 8/2021

The article presents selected results of the study entitled “Diagnosis and prognosis of OSH services and a characterization of OSH professionals” carried out in 2020. The study included telephone questionnaire interviews on a sample of 500 representatives of the in-house OSH service and OSH specialists from outside a workplace. The article focuses on the results concerning: the structure of the health and safety service, conditions for entering the profession and professional promotion, as well as employment conditions, sources of satisfaction and professional difficulties.

Obudowy dźwiękochłonno-izolacyjne urządzeń ultradźwiękowych, ograniczające poziom hałasu przenikającego do środowiska. Wyniki badań własnych

Author(s): Witold Mikulski / Language(s): Polish Issue: 9/2021

The article discusses the technical solutions of sound-absorbing and sound-insulating enclosures for devices that are sources of ultrasonic noise (sound frequencies range of 10-40 kHz). Due to the high health risk of employees operating ultrasonic technological devices and the fact that they are in close proximity to these devices, it is necessary to use an effective measure to reduce this risk, i.e. sound-insulating enclosures. So far, however, the rules for the use of such casings and the sound-insulating and sound-absorbing properties of their materials (in this frequency range) have not been defined. The article presents the results of own research on the impact of the materials used to make enclosures, linings of casings and the presence of openings (hole) in casings on the level of noise emitted by ultrasonic devices that penetrates into the environment.