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ДЕСЕТ ГОДИНИ СЛЕД РЕФОРМАТА В ПРАВНИЯ РЕЖИМ НА ПОЛЗВАНЕТО НА ПЛАТЕНИЯ ГОДИШЕН ОТПУСК: ОПРАВДАХА ЛИ СЕ „СОЦИАЛНИТЕ“ МОТИВИ НА ИЗМЕНЕНИЯТА?

Author(s): Andrey Aleksandrov / Language(s): Bulgarian Publication Year: 0

Exactly 10 years ago the Bulgarian legislator reverted to a decision known in the wording of the Labor Code until 1993: the right to use annual paid leave should be extinguished after a certain period of time in which it was not effectively exercised. The reasons for the amendments were generally limited to the need to preserve and restore the working capacity of employees and to ensure that the holidays are actually used. The dynamics of the regime created in the last years and the constant practical difficulties provoked by it make it very doubtful to achieve such a goal. The purpose of the study is to trace some of the changes related to the use of paid annual leave and to answer the question of whether the interests of the employees are now more protected than they were before.

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ОТРАЖЕНИЕ НА ДИГИТАЛИЗАЦИЯТА ВЪРХУ ТРУДОВИЯ ПРОЦЕС – РИСКОВЕ И ПЕРСПЕКТИВИ

Author(s): Andriyana Andreeva / Language(s): Bulgarian Publication Year: 0

The report examines the influence of the digitalization on the employment process. Examination objects are the sources of the national labour legislation and related acts of the EU. The main directions of the reflection of the digitalization on the employment process are outlined. On the one side are marked the risks, conditioned by the introduction of the new technologies, on the other are presented the perspectives and the connected to them challenges in front of the legal doctrine and in front of the labour legislation. Based on the analysis are made conclusions and summaries.

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ПРИНЦИПИ НА ЕЛЕКТРОННОТО ЗДРАВЕОПАЗВАНЕ – ПРАВНИ РАМКИ И ЕТИЧНИ АСПЕКТИ

Author(s): Galina Yolova / Language(s): Bulgarian Publication Year: 0

The report analyses the essence of the principles of electronic healthcare as a priority European politics. Though clarification of the leading and stated in the strategic documents tendencies and directions of establishing and development are clarified their character, specificities and application guarantees. Based on the exposition are made conclusions for the importance of the principles, in the frames of their normative regulation as well as guaranteeing of ethic norms in social relations.

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ИНТЕРДИСЦИПЛИНАРНИТЕ НАУЧНИ ИЗСЛЕДВАНИЯ И ПУБЛИКАЦИИ В КОНТЕКСТА НА АКАДЕМИЧНОТО РАЗВИТИЕ

Author(s): Darina Dimitrova / Language(s): Bulgarian Publication Year: 0

The work examines the advantages and the problems of the interdisciplinary scientific researches. The analysis of these questions is made in the context of the requirements for holding an academic post. Based on the scientific research are made summaries and conclusions about the applicable legal regulations – the Development of the academic staff in the Republic of Bulgaria act and the Rules for its implementation.

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БЕЗОПАСНИТЕ И ЗДРАВОСЛОВНИ УСЛОВИЯ НА ТРУД – АНГАЖИМЕНТ НА РАБОТОДАТЕЛЯ И КОНТРОЛ ЗА СПАЗВАНЕ

Author(s): Diana Dimtrova / Language(s): Bulgarian Publication Year: 0

The report analyses the problems of the healthy and safe working conditions as engagement of the employer as well as the control for the observance performed by the General Labour Inspectorate Executive agency. Accent is put on the administrative-law aspects of the control by the General Labour Inspectorate Executive agency for performance of the employers obligation for the insurance of the healthy and safe working conditions. Based on the analysis the author makes conclusions.

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The Liability of the Employees who Commit Acts or Deeds of Moral Harassment at Work

Author(s): Nicoleta-Elena Heghes / Language(s): English Publication Year: 0

After numerous studies and debates at European and national level, the Romanian Parliament has adopted a series of legislative amendments aimed at complementing existing legislation on discrimination in the workplace and strengthening the levers needed to prevent and combat moral harassment in the workplace. Considered by specialists to be the most harmful source of stress at work, since 2000, moral harassment at work or “mobbing” has become a phenomenon that has caught the attention of both European Union institutions and the Romanian state.

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Post-Pandemic: The Working from Home Aspect

Author(s): Robert ȘERBĂNESCU / Language(s): English Publication Year: 0

The SARS-CoV-2 pandemic which hit the world at the beginning of 2020 has forced humanity to implement many changes in a lot of domains. From the simple everyday grocery shop activities to the way one can perform his work for an employer. As a result, life as we know it suffered a series of transformations, both positive and negative. The current paperwork will analyze the consequences raised by the virus in the area represented by the workforce. By this line of approach, we will take into consideration the legal dispositions that had to be adopted and put into practice, the strategy implemented by both companies and institutions in order to protect the health of their employees, alongside the benefits and the negative results derived from these actions. It is certain that moving the work to an individual`s domain has offered him/her an extra amount of time, however the lack of social interaction has left scars on a psychological level. Since one cannot do all the tasks on his own, the work is usually split between team members, but a team cannot be a correct social construct unless social contact is present in real life.

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Conceptul de „securitate națională” – sublimul exercițiu al valorilor democratice ale statului de drept

Author(s): Viorel Gheorghe / Language(s): Romanian Publication Year: 0

I think that, as the national judicial system enters a new stage, we are inclined to set benchmarks of the enforcing the law, generated by obvious requirements of social realities. In this respect, the more complex variety of risks, threats and vulnerabilities against the states, in general, and against the Romanian state in particular, generates more and more debates at the level of the legal theoreticians and practitioners, regarding the role and importance of the judicial norms having criminal and procedural character, considering the sensitive balance between security and law, as main pillars, without which the notion of state would be against the democratic life itself. The ongoing need for protection, directly proportional to the state function of social regulation, impose, both externally and internally, a „mediation”, thus the society is often provoked to debate and criticize them, generating the interventions of legal courts of the highest level, through decisions and legal solutions, having the role of harmonizing and guiding or resolving conflicts of a constitutional nature. At the national level, based on the activity of the criminal law and the criminal procedure, the roles of the Constitutional Court and the Highest Court of Casation and Justice have generated vivid legal disputes, having social consequences. Apart from these cases - sometimes of maximum visibility - one must take into consideration that these decisions and solutions are only a small part of a much broader process, whose overview must be noted from the assessment of the whole forms of solving the cases, including the „solving of some law issues” related to the philosophy and importance of the state of national security

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Rolul deciziilor pronunțate de Înalta Curte de Casaţie şi Justiţie pentru dezlegarea unor probleme de drept în interpretarea unor dispoziții ale Codului muncii

Author(s): Dan Ţop,Ana Maria Alexandra Iancu / Language(s): Romanian Publication Year: 0

The previous judgments given by the High Court of Cassation and Justice for the unraveling of some questions of law, without creating by themselves new legal norms , obligingly impose a certain interpretation of the legal provision for the courts. The interest in ensuring a unitary practice of the courts through this institution is not without criticism. Even if, in relation to our system of law (of the continental type) it was refused to recognize the Romanian jurisprudence the role of source of law, it should be noted that in particular cases the identification of the need for normation of certain social relations was notified by the courts, and subsequently the law took over as such the legal institutions as they were configured during the court practice. In this context, some texts of the Labor Code - Law no. 53/2003, they were given a jurisprudential interpretation, meant to ensure a unitary practice.

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MUNKAJOG A VILÁGJÁRVÁNY IDEJÉN. RÉGI DILEMMÁK, ÚJ MEGOLDÁSOK?

Author(s): Magdolna Vallasek / Language(s): Hungarian Publication Year: 0

2020 will for sure be remembered in history as the year of the Covid-19 pandemic. However, its effects will affect the social, societal, political, and economic situation of the world for many years to come, and it will be a research topic for scholars of various disciplines. The long-term or irreversible effects of the pandemic will therefore be most debated. But can we really say that the world around us has fundamentally changed and everything will be different from now on as a result of the recent evolutions?In our study, we examine the above issue in the context of labour law. The regulatory constraints and challenges caused by the coronavirus pandemic have found labour law in a critical stage of development and transformation. At the same time, regulatory solutions have become necessary to meet the needs of crisis management and the effective protection of workers in the short and long term. Therefore, our initial hypothesis is that basically labour law regulation will necessarily be different after the pandemic subsides, but the changes are actually only amplified by the legal measures taken to deal with the current situation, as they are rooted in deeper causes. Therefore, it is not a cause but much more a catalyst. However, this does not detract from its significance.

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Zjawiska niepożądane w zatrudnieniu z perspektywy prawa pracy – wybrane zagadnienia

Author(s): / Language(s): Polish

The monograph 'Undesirable Phenomena in Employment from the Perspective of Labour Law - Selected Issues' has been prepared by students of the Faculty of Law and Administration of the University of Lodz - members of the Students' Scientific Circle of Labour Law operating at the Labour Law Department of the University of Lodz. The publication contains a collection of studies on undesirable phenomena in the work environment, in which the authors analyse legal solutions concerning, among others, mobbing or discrimination, drawing attention to their imperfection and formulating de lege ferenda postulates. The considerations are set not only on the grounds of Polish labour law, but also take into account international documents - including, in particular, the International Labour Organisation Convention No. 190 of 2019 on the Elimination of Violence and Harassment in the World of Work, around which lively scientific discussions have recently been taking place. The threat of the emergence of new undesirable phenomena in employment, which may be a consequence of, among other things, the development of modern technologies, has not escaped the authors' attention either. The preparation of the study by the youngest researchers of labour law, allows for a slightly different perspective on the perception of the issue in question, which may enliven the scientific discourse in this area.

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Principiul nediscriminării. Note privind hărțuirea la locul de muncă

Author(s): Raluca Dimitriu / Language(s): Romanian Publication Year: 0

The Romanian Constitution, numerous international and European norms, as well as abundant national legislation, enshrine the principle of equal rights and the prohibition of discrimination. This principle is especially important in the workplace. Indeed, labour relations being power relations, asymmetric relations of subordination, they constitute a special space for the manifestation of discriminatory acts. This paper concerns a specific form of discrimination, namely harassment. This has the particularity that it does not require a comparator. The Romanian legislation includes a detailed regulation of this subject, the usefulness of which can be jeopardized by non-compliance with the rules of legislative technique. The new methodology for preventing and combating harassment based on sex, as well as moral harassment at work, far from shedding light on the controversial issue of workplace harassment, ends up introducing confusion and ambiguities.

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Considerații privind acordarea indemnizației pentru deținerea titlului științific de doctor începând cu 1 ianuarie 2024

Author(s): Dan Ţop / Language(s): Romanian Publication Year: 0

Starting with the date of entry into force of the provisions of Law 153/2017, for the scientific title of doctor, an allowance is established in a fixed amount, respectively in the amount of 50% of the level of the minimum gross basic salary per country guaranteed in payment. In addition to the condition that the person holding the scientific title of doctor should carry out his activity in the field for which he holds the title, through O.U.G. no. 115/2023, a new one was introduced for the granting of the related allowance, the introduction of a set of objective and quantifiable duties in the job description, which would allow the monthly verification of the way in which his activity is additionally capitalized. In order to reflect the recent changes, the heads of public authorities and institutions, regardless of the way of financing and subordination, have the obligation to order the modification of the job descriptions. The amount of the increase, however, remained unchanged for years in a row, being in 2024 also reported at half of the gross minimum salary from 2018, because it was capped, along with other increases, by successive ordinances.

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Libera dezvoltare a personalității umane vs. dreptul angajatorului de a controla activitatea salariatului, în era monitorizării generalizate

Author(s): Dana Volosevici / Language(s): Romanian Publication Year: 0

The Romanian Constitution upholds the free development of human personality as a paramount state value. This principle asserts every individual's right to cultivate and express their personal characteristics, beliefs, talents, and goals without undue interference from others, including employers or the state. Within the employment context, this principle underscores the necessity of balancing employees' rights to personal development with employers' legitimate needs to manage their activities for organizational objectives. However, we find ourselves in an era where technology enables unprecedented levels of human surveillance, potentially influencing behavior and altering cultural norms. This surveillance extends beyond employment, often justified by public interest. Thus, the human being of today must evolve under the conditions of a technology capable of monitoring and analyzing them like never before. This raises the question of how much of the surveillance conducted by employers can be justified by the new technological reality and social norms, and where it begins to infringe upon the free development of human personality.

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Obligația de fidelitate și clauza de neconcurență – limite ale dreptului constituțional la muncă

Author(s): Corina Mihaela Şiman / Language(s): Romanian Publication Year: 0

The right to work, as a constitutional fundamental right, is not absolute and may be subjected to legal and conventional limitations such as the fidelity obligation and the non-competition clause. The present study aims to analyse the extent to wich the right to work can be affected by clauses as such, as well as to underline the characteristic features of the two clauses mentioned above.

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Efectele Deciziei nr. 79 din 11 decembrie 2023 pronunțate de Înalta Curte de Casație și Justiție - Completul pentru dezlegarea unei chestiuni de drept

Author(s): Gabriela Petruţa Ştirbu / Language(s): Romanian Publication Year: 0

By Decision no.79 of December 11, 2023, the High Court of Cassation and Justice decided, among other things, that the phrase "harmful conditions" in GD no.250/1992 and from Law no.31/1991 does not have an identical content to the same phrase from the framework laws on unitary remuneration of personnel paid from public funds, with the consequence that the issuance of the expert report for the assessment of occupational risks at the workplace carried out in application of GD no.118/2018 is not sufficient to establish the existence of harmful conditions within the meaning of art.3 of Law no.31/1991. But, art.34 of the Romanian Constitution, in conjunction with art.41 of the Romanian Constitution, enshrines the employee's right to social protection measures, respectively, to health and safety at work. From the economics of the aforementioned decision, it follows that, in order to benefit from additional days of leave, it is necessary that the assessment be made according to Law no.31/1991. But, this assessment is strictly the prerogative of the employer. In this sense, several questions are raised: how are the two articles of the country's fundamental law respected, as a result of the ICCJ decision, respectively, how are the principles of equality and non-discrimination respected within the same professional category, given that some people have their right to additional days of leave/related allowance recognized by final court rulings, before the pronouncement of the decision by the ICCJ?

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Reflectarea drepturilor constituționale fundamentale în dreptul muncii

Author(s): Valentin-Lucian Flueraru / Language(s): Romanian Publication Year: 0

This work presents the concrete way in which the fundamental constitutional principles applicable in the matter of labor relations are reflected in the legislation specific to labor law. Both those constitutional principles common to the entire Romanian legal system and which, as a consequence, also have an influence on legal labor relations, are analyzed, such as, for example, the principle of universality, the principle of free access to justice or the principle of equality, as well as the constitutional principles specific to the law work: the right to work, the right to association, the right to social protection or the right to strike.

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Efectele suspendării contractului individual de muncă asupra perioadei de probă

Author(s): Gabriela Petruţa Ştirbu / Language(s): Romanian Publication Year: 0

Suspension of the individual employment contract during the trial period can have significant implications for employees and employers. This can occur for a variety of reasons, for example: medical leaves, maternity leaves, or other situations that temporarily prevent the employee from fulfilling his contractual duties. During the suspension, the employment contract is maintained, but the obligations of the parties are temporarily suspended. As for the trial period, it represents a method of verifying professional skills, the verified person having the same rights and obligations as any employee. Considering this aspect, in the article we will address the effects of the suspension of the individual employment contract on the trial period in relation to the national legislation but also to the fundamental principles enshrined in the Universal Declaration of Human Rights, namely the right to life, liberty and personal security (article 3), the right to equality before the law (Article 7), the right to work and protection against unemployment (Article 23), as well as the prohibition of discrimination in the exercise of these rights (Article 7). Thus, it is essential that all parties involved pay attention to these aspects in order to protect both the rights of the employee and the employer in any situation of suspension of the individual employment contract during the trial period.

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Dreptul la apărare al salariatului, în contextul răspunderii disciplinare

Author(s): Loredana Nicolae / Language(s): Romanian Publication Year: 0

The right to defense, in labor disputes, includes all the rights and procedural rules that give the person the opportunity to defend himself against the accusations brought against him, to contest the accusations and to reveal his innocence. This project aims, without an exhaustive treatment, to show that the right to defense is a fundamental human right enshrined in international documents referring to fundamental human rights, as well as in the fundamental law of ech state.

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Contractul colectiv de muncă la nivel național, garantul drepturilor lucrătorilor și păcii sociale

Author(s): Iacob-Emanuel Baciu / Language(s): Romanian Publication Year: 0

In the context of recent legislative evolution in Romania, the reintroduction of the national collective labor contract represents significant progress in strengthening workers' rights and promoting social peace, contributing to the creation of a stable working environment and preventing conflicts. The promotion of structured social dialogue and collective negotiations facilitates the peaceful resolution of disputes and the promotion of equitable working conditions. However, the exclusion of the negotiation regarding the guaranteed minimum wage in the national collective labor contract and the fact that it no longer applies 'erga omnes' raises questions about its practical effectiveness. These restrictions are reflected in diminished interest from social partners in national-level negotiations, one year after the reintroduction of the national collective labor contract, with the stage of negotiations being in an incipient phase.

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