Instrumente de dreptul muncii utilizate în limitarea efectelor crizei Covid 19

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

During the Covid 19 pandemic, labour law provided some of the most effective levers for limiting the effects of the economic crisis that accompanied the sanitary crisis. It is further evidence that labour law, which is flexible and adaptable, can be used in crisis situations as a tool for restoring social and economic relations. Each Member State has implemented its own strategies, but some common elements can be easily identified. The study aims to highlight the Romanian options and their effects in terms of labour relations, in the context of a comparative law analysis of policies to reduce the economic consequences of the pandemic crisis. The main measures envisaged are the suspension of employment contracts and the reduction of working time, both of which aiming to avoid redundancies and to maintain a minimum level of workers' income.

Implicațiile pandemiei generate de virusul Sars-Cov-2 în ceea ce privește legislaţia muncii din România

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

The state of emergency established in Romania on March 16, 2020 by Decree no. 195/2020 and extended until May 14, 2020 by Decree no. 240/2020, was followed starting with May 15, 2020 by the state of alert at national level, for a period of 30 days, declared by Government Decision no. 24/2020, subsequently being extended successively. In this context, it has been necessary to adopt by law restrictive measures, essentially temporary and, where appropriate, gradual, proportionate to its predicted or manifested level of severity, necessary to prevent and eliminate imminent threats to conventional, Union and European rights. constitutionality to the life, physical integrity and health of persons, in a nondiscriminatory manner, and without prejudice to the existence of other fundamental rights or freedoms. Law no. 55/2020 on some measures to prevent and combat the effects of the COVID-19 pandemic, in section 3 (art. 16-31) established a series of measures to adequately protect labor relations. The following were considered: employment without examination or competition in the public sector; modification, suspension and termination of individual employment contracts; working time and rest time; granting days off to salaried parents for the supervision of children; prolongation of the validity of collective labor agreements and collective labor agreements, etc. Other normative acts developed during this period also regulated various situations, such as technical unemployment; reduced working week or temporary reduction of working hours (Kurtzarbeit) etc., aspects that we will analyze in this study

Zatrudnienie tymczasowe jako nietypowa forma świadczenia pracy – uwagi na tle obowiązującej regulacji prawnej

Author(s): Tomasz Duraj / Language(s): Polish Publication Year: 0

One of the atypical forms of work performance dynamically developing on the Polish labour market is temporary employment, under which a temporary employment agency as an employer (employing entity) engages employees or non-employees in order to direct them to perform temporary work for the user employer. According to the latest data compiled by the Polish HR Forum, the number of temporary employees increased from 433,000 in 2010 to 648,000 in 2021, and the estimated value of the entire Polish temporary labour market is now over PLN 3 billion. The aim of the study is to introduce the reader to the issue of temporary employment, which was the subject of the III National Scientific Conference from the series „Atypical employment relations” organized in Łódź by the Centre for Atypical Employment Relations of the Faculty of Law and Administration of the University of Lodz on December 3, 2020. The author will present his own reflections on the Act on the Employment of Temporary Workers after its amendment, which entered into force on 1 June 2017.

Приложение в трудовото право на принципите и критериите по чл. 20 от Закона за задълженията и договорите

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

A number of institutions of contractual law, established by the Law on Obligations and Contracts, find subsidiary application in labor law. The paper considers the principles and criteria established in Art. 20 of the Law on Obligations and Contracts, an analysis of some provisions of the Labor Code has been made, as well as of case law ruled on the occasion of resolving labor disputes, with reference to Art. 20 of the Law on Obligations and Contracts.

Договорноустановен неплатен отпуск

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Publication Year: 0

The scientific research analyzes the possibility in a collective labor agreement or in the employment contract to agree on a type of leave that is not regulated by law, and how this possibility fits into the provision of Art. 118, para. 1 of the Labor Code? The thesis is substantiated that it is completely admissible and lawful to agree on such leave – for example, unpaid leave. This leave may be called ‘contractual leave’, as opposed to the legal concept of ‘statutory leave’.

Посебна радноправна заштита инвалида и радника привремено спријечених за рад

Author(s): Radislav Lale / Language(s): Serbian Publication Year: 0

Employed women, young workers and the disabled enjoy special protection at work. The says protection is provided for in the legal regulations of international and domestic labor law. This paper will systematically analyze the issue of special protection of the disabled, as persons with reduced ability to work, given that their ability to find appropriate employment and to maintain that employment is greatly reduced, compared to other persons. Namely, the reasons for their special labor protection consist in the need to be equal with others and in the realization of their socio-economic rights and freedoms at work and in connection with work. Also, special attention will be paid to the protection of sick workers i.e. workers who are temporarily incapable of work in terms of health insurance regulations.

Националното споразумение за организацията и прилагането на дистанционна работа в Република България - прецедент в българското колективно преговаряне

Author(s): Yaroslava Genova / Language(s): Bulgarian Publication Year: 0

The subject of the article is the European impact on the collective labour law in the Republic of Bulgaria, through the Framework Agreement on Telework, signed on July 16, 2002. The author analyses in detail the mechanism by which the measures in the European Framework are implemented in our country, making a comparison with the mechanism by which they are implemented in other EU member states, according to the Report on the measures through which the agreement was implemented in the various European countries, adopted by the European Social Dialogue Committee on June 28, 2006.

ТРУДОВИ И ОСИГУРИТЕЛНИ ПРАВА ПРИ КОВИД-19

Author(s): Georgi Gochev / Language(s): Bulgarian Publication Year: 0

In 2020, the world faced a new global pandemic– the SARS-COV-2 virus, which causes COVID-19 disease. It ischaracterized by changing the lives of millions of people around theworld, directly affecting all sectors of the economy and limiting opportunitiesfor paid work. This has raised many questions about bothlabor and social security law. The present study focuses on some employmentand social security rights that arise from COVID-19 disease.On the one hand, the illness may appear as a legal, law changingor terminating legal fact for the employment relationship, and onthe other hand - it represents an social risk, reg ulated by the socialsecurity law. With the occurrence of the disease for a specific person,the social security relationship transforms from latent to activeform, because an social security case arises, which is the reason forthe payment of benefits from the social security funds in the form ofbenefits, allowances or supplements.

При липса на образование или професионална квалификация – прекратяване или недействителност на трудовия договор

Author(s): Janeta Hristova / Language(s): Bulgarian Publication Year: 0

The subject of the present study are the consequences for the employment relationship, if the employee does not have one of the prerequisites for the performance of the work: the necessary education or professional qualification. The arguments set forth in Interpretative Decision № 4/2017 of the General Assembly of the Civil Collegium of the Supreme Court of Cassation, ruled on February 1, 2021, are analyzed, and the peculiarities of the different hypotheses of discrepancy between required and available education or professional qualification of the employee are considered as a reason for invalidity, respectively for termination of the employment contract.

Słowo wstępne

Author(s): Magdalena Paluszkiewicz,Ewa Staszewska / Language(s): Polish Publication Year: 0

Przemoc w pracy i sposoby jej eliminowania w świetle Konwencji nr 190 MOP

Author(s): Zuzanna Bartosik / Language(s): Polish Publication Year: 0

This study investigates the new definition of violence and harassment included in ILO Convention No. 190 and selected measures for its elimination provided in the convention act. These proposals have been compared with the currently binding Polish regulations. The aim of the study is to conduct a comparison and to show how laconic and oftentimes imprecise – in relation to the demands formulated in the convention Polish regulations remain in many respects. The paper will highlight the most intriguing solutions provided for by the convention, yet not currently implemented in the Polish legal system.

Zjawiska patologiczne niesklasyfikowane jako mobbing – postulaty de lege ferenda

Author(s): Magdalena Fonderska,Damian Pietrzak / Language(s): Polish Publication Year: 0

The aim of the study is to examine the applicable legal regulations on mobbing in relation to the evolving forms provision of work and other pathological phenomena not classified as mobbing. The starting point for the considerations is the definition of mobbing contained in the applicable provisions of labor law. Personal rights were also subjected to a detailed analysis, the violation of which may be the basis for pathological behavior not classified as mobbing.

Wybrane środki realizacji obowiązku pracodawcy przeciwdziałania mobbingowi. Rola komisji antymobinggowych w świetle orzecznictwa sądowego

Author(s): Paulina Piątkowska,Agnieszka Zychla / Language(s): Polish Publication Year: 0

The study focuses on the issue of anti-mobbing proceedings. In this text, the Anti-Mobbing Committee was taken under the microscope in the light of jurisprudence. It is a special body because its members are selected by the employer, who may also turn out to be a mobber. This is controversial due to the possible lack of objectivity. The authors also noted that the anti-mobbing procedure itself is not widespread among employees, and it is the employer’s duty to define it. The paper also draws attention to e.g., for allowing the need to share protocols of specific proceedings of the Anti-mobbing Committee or its responsibility for tasks in situations where it was appointed by the employer. After analyzing the jurisprudence, the authors come to various conclusions and emphasize the importance of the existence of the Anti-Mobbing Committee and some aspects related to it, both with the committee itself and its role in the above-mentioned procedure.

Zjawisko wypalenia zawodowego i potrzeba jego regulacji w polskim prawie pracy

Author(s): Aleksandra Ficner,Adrian Szymanowski / Language(s): Polish Publication Year: 0

The article deals with the issue of the concept of occupational burnout. The work includes aspects of foreign solutions related to this term, as well as de lege ferenda postulates in the field of Polish labor law regulations relating to pathologies in the work environment that can lead to professional burnout.

Praca zdalna w dobie pandemii i związane z nią wyzwania dla pracowników

Author(s): Julia Bołdyrew / Language(s): Polish Publication Year: 0

In last three years, especially as an effect of COVID-19 pandemic, the remote work became commonly used solution, but implementation of this form of the work in many professions, with many workers at the same time with no previous preparations led to numerous problems, like necessity of providing access to equipment and Internet, need to reorganisation of working time and attempt to adaptation of tasks to a cyberspace. It created an occasion to abuses and misuses the uncompleted law regulations by some employers. It was aided by regulations of Labour Code norming the question of teleworking which was not enough for pandemic situation and regulations of so-called Anti-Crisis act which allowed the employers to implement the remote working without the consent of employees. Consequently, legislator devised the project of Labour Code amendment which aim was also to defining and implementing remote work to legal system in concordance with other labour law regulations. The aim of the study is an attempt to point main problems of employees in situation of remote work, analysis of teleworking and remote working regulations and evaluation of its utility as well as presentation regulations of Labours Code amendment and its role in improving the employees’ situation after pandemic.

Prawo do bycia offline podstawowym prawem pracowników pracujących zdalnie

Author(s): Katarzyna Olejnik / Language(s): Polish Publication Year: 0

More than three years ago, the world faced the COVID-19 pandemic. Most of the world’s countries have united to jointly counteract the spread of the SARS-CoV-2 virus. Many mandatory and optional solutions have been introduced to contain the pandemic. One of them was the recommendation addressed to employers to instruct employees – if possible – to work remotely (so-called home office). This allowed a large number of people to stay at home, which was supposed to minimize the risk of getting sick. Over time, this solution has become widely used as an alternative to traditional work, i.e. stationary work at the employer’s premises. While home-office working is intended to benefit both employers and employees, it is not without its disadvantages. These include, among others, the problem of protecting the employee’s privacy or his or her working time, especially with regard to the protection of his or her free time. The main part of the study will focus on the premises for the implementation of the right to be offline. The research methods used in the following study will be the literaturę analysis method and the formal-dogmatic method.

Понятието за работодател съгласно Закона за социалните услуги

Author(s): Maria Ivanova Radeva / Language(s): Bulgarian Publication Year: 0

The legal definition of the term employer is contained in the Labour Code. The Social Services Act defines the term as a ‘person who manages the activity of providing the service’. This is the person appointed by the social service provider to render management services. This is also the person who is the employer of the staff carrying out the activity of providing the service. Under this definition the person in charge of the social service, in his/her personal capacity, shall be the employer of the employees. The quoted norm poses a number of practical problems relating to the constitution of a proper defendant in legal employment disputes.

Kryteria efektywności prawa w rozważaniach nad nietypowymi formami zatrudnienia

Author(s): Krzysztof Brzostek / Language(s): Polish Publication Year: 0

An issue of the economic effectiveness of law is not often analysed. It can be caused by the elaborateness and multivocality of the term “effectiveness”. The incompatibility in the interpretation of the category of effectiveness can result from adopting different research perspectives. The lack of consensus on how to deal with the ambiguity of the term “effectiveness” creates a theoretical and cognitive gap that influences difficulties, including designing measurement systems. The research perspective of the economic analysis of law may be relevant to the consideration and analysis of atypical forms of employment carry out to determine the effectiveness of individual solutions.

Pracodawca jako zakład pracy informatyczny (cyfrowy) – stosowanie narzędzi matematycznych w nietypowych formach zatrudnienia

Author(s): Janusz Żołyński / Language(s): Polish Publication Year: 0

Currently, civilisation and the development of the modern world have generated new, extremely dynamic phenomena (which are not, however, the consequence of some political and legal idea), which will force the participants to use various solutions, as well as technological tools closely related to the field of mathematics. This phenomenon is often referred to as digitalisation, which in the narrow sense of the term is equated with digitisation, otherwise known as the digital world. This results in the Employer becoming an entity to which it is legitimate to adopt the terminology – that it is an IT establishment. Nowadays, one of the elementary conditions for proper functioning of such an entity are certain obligations imposed by ius cogens regulations, the implementation of which requires the application of permanent processes related to the acquisition, collection, processing, analysis, archiving, transmission, dissemination, deletion and management of information (data) in all social and economic areas related to labour relations. The consequence of this phenomenon is that the IT establishment is not an idea, but should be understood exclusively as an economic, social and legal phenomenon. As a commonality of the fate of the employer and the employees (or rather the employed, since in the workplace not only the employees provide de facto work) and the social private actors (unions) which are actively involved in a wide range of processes concerning social labour relations To this end, using IT tools and making appropriate numerical (mathematical) calculations, they make intensive use of all sets of data (information), not only in the strictly labour-related field, but also in the social, social economic, financial (tax), health, sport or even cultural and religious areas.

Wady konstrukcyjne umów o pracę na czas określony w polskim prawie pracy

Author(s): Jakub Stelina / Language(s): Polish Publication Year: 0

The author explains what the defects were in the legal construction of fixed-term employment contracts in Polish labour law. With the entry into force of the Labour Code in 1975, the principle was adopted that contracts of this type could be terminated earlier if the content of the contract provided for this possibility. This solution, after 1989, contributed to huge pathologies on the labour market related to the abuse of fixed-term contracts by employers. The legislator has repeatedly attempted to rectify this situation by, inter alia, introducing restrictions on the use of these contracts. These attempts were mostly ineffective, and the reason for the popularity of fixed-termcontracts was that they could be unilaterally terminated. For incomprehensible reasons, in 2016 the legislator extended the possibility of such terminations and thus completely distorted the essence of the contracts in question.