We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

Download

The Impact of International Migration on sub-Saharan African Women to the Middle East

Author(s): Estella Achinko / Language(s): English Publication Year: 0

Recently, there has been a surge in female immigration from Africa to the Middle East, joining the global movement of migrants, while, constituting the dangers and feminist dilemmas posed by the rise in African women’s migration. Sub-Saharan African women face challenges as labor migrants in the process of leaving their home countries to the Middle East in search for job opportunities and to better their lives and families. At the center of these challenges have involved extreme dehumanization through slave labor, human trafficking, sexual exploitation while impacting their psychological and mental well being. This study analyzes the various factors that affect the migration and employment of sub-Saharan African women domestic workers in the Middle East, based on both pull and push factors. The work further examines and shows how gender inequalities play a role in shaping women’s experiences in migration, and how States/governments in both the Middle East and Africa remain complicit in worsening women’s migratory experiences through laws that are being established. This empirical based and theoretical discussion exposes the experiences of sub-Saharan African women through a transnational feminist lens and analysis. Also, it leads to a larger based discussion on transnational feminism and how we can construct a transnational platform that draws attention to the relationship between globalization and the international division of gendered labor. My overarching goal through this study is to draw attention to pursuing and expanding our discussions on feminist migration studies through diverse perspectives that are directed towards the empowerment of women in Africa in particular, and around the world in general.

More...

Download

The Deontology of Social Worker Assistant in Romania

Author(s): Georgeta Stoica-Marcu / Language(s): English Publication Year: 0

The Law no 292/2011 of social assistance framework law recognizes the profession of social worker assistant has a protected field and clearly described in the article 47 paragraph 1 “The initial evaluation and the intervention plan are made by the social assistant worker” after continue to the article 121 paragraph 1 “in the field of social assistance activates social worker assistants, other professionals in social assistance, as well as staff with various professions, qualifications and skills, but in paragraph 2 from the same article”. The social assistance staff in accordance with the status of the profession and in accordance with the provisions of the Labor Code, as well as other legal provisions by case. According to the Deontological Code no 1/December 14, 2007 of the social worker assistant, profession and based on the provisions of the article 27 (a) from The Law no 466/2004 of the Status of the social worker assistants in Romania establishes the obligatory norms of deontology represents a set of norms, rules, prescriptions and dispositions conduct of the social worker assistant, as well as members of the National College of Social Worker Assistants in Romania.

More...

Download

Предпоставки за изменение на трудовия договор за неопределено време в договор за определен срок

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

This paper draws attention to the amendments to the Labour Code of March 2001, which aim to overcome the established practice of mass and widespread use of fixed-term employment contracts. With the entering into force of the prerequisite of written declaration of the worker or employee, provided in Art. 67, Para. 3 of the Labour Code, an opportunity was created to successfully counteract the incorrect employer's practice. On the other hand, it was found that the desire of the worker or employee is not a sufficient condition for the parties to the employment contract for an indefinite period into one for a fixed period.

More...

Download

Информиране и консултиране на работниците и служителите в предприятието

Author(s): Vassil Mrachkov / Language(s): Bulgarian Publication Year: 0

An emerging issue in Bulgarian labour law is the employee information and consultation. Consideration is given to issues pertaining to the notion, their societal roles, relevant bodies, and how information and consultation are conducted.

More...

Download

Agencijski rad: diskrepancija između tumačenja propisa i praktične primjene instituta

Author(s): Armina Čunjalo / Language(s): Serbian Publication Year: 0

Globalization and the development of law inevitably entail the emergence of certain specificities and the need to create something new. The appearance of the so-called agency workers in the field of labor law opened numerous questions that needed and still need to be answered. Before agency workers and the term agency work first appeared, the employment relationship was concluded exclusively between the employer and the employee. The situation changes with the introduction of a third entity-an agency for the temporary employment of workers. Therefore, it has become necessary to define the relations between the worker and the mediation agency, the mediation agency and the user's company, and between the user's company and the worker, and to regulate these relations. The aim of the research is to determine the extent of divergence in practice between national legislations and their application with Directive 2008/104/EC on temporary agency workers. The comparative law method will show to what degree the agency work facilitates business operations for companies, users, and workers, which will answer the question of the expediency of a labor-law institute of agency work. In connection with that, and considering the closeness and inflexibility of labor legislation in Bosnia and Herzegovina, the paper will also describe the practice of incomplete incorrect interpretation of legal norms and point to a significant gap between legal regulation of a particular institute and its practical application. The author of the paper will show the danger of incorrect interpretation of norms and the repercussions that such an interpretation can have on the development and creation of rights.

More...

4.50 €

Nadużycie prawa do zawierania terminowych umów o pracę w kontekście ich społeczno-gospodarczego przeznaczenia

Author(s): Sebastian Koczur / Language(s): Polish Publication Year: 0

Although the legislator in Art. 25¹ of the Labor Code indicates the limits within which it is permissible to conclude an employment contract for a definite period of time, however, the above does not mean that in each such case the conclusion of this type of contract will be correct. It should be taken into account that fixed-term contracts are a breach in the labor law in the guarantee of stable employment, performed on the basis of an indefinite employment contract. Therefore, for the use of a fixed-term employment contract to be correct, the parties must have a justification for choosing this type of contract. Otherwise, such an agreement will be concluded in violation of its socio-economic purpose, and as a consequence, constituting a manifestation of abuse of the law, it will not benefit from protection. Given the above assumptions, the author in this study considers under what circumstances the conclusion of a fixed-term employment contract may be contrary to its socio-economic purpose and what will be the consequences of such recognition.

More...

4.50 €

Stosowanie umowy o pracę na okres próbny w świetle przepisów unijnych i krajowych

Author(s): Paulina Matyjas-Łysakowska,Anna Maroń / Language(s): Polish Publication Year: 0

On July 11, 2019, Directive 2019/1152 of June 20, 2019 on transparent and predictable working conditions in the EU was published. It replaced Directive 91/533/EEC on the employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship of 14 October 1991. Directive 2019/1152 establishes minimum standards for informing employees about the essential aspects of the employment relationship and working conditions and guarantees all employees an adequate level of transparency and predictability of future employment conditions. The prepared study presents the assumptions of the directive with regard to a contract for a trial period and the method of implementing these assumptions adopted in the act amending the Labor Code act of March 9, 2023 amending the Labor Code and certain other acts (Journal of Laws, item 641). The latest changes to the Labor Code, which entered into force on April 26, 2023, pursuant to the Act of March 9, 2023 amending the Labor Code Act and certain other acts, are aimed at, among others: implementation of Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union.

More...

4.50 €

Semi-dependent self-employment under conditions characteristic of the employment relationship

Author(s): Łucja Kobroń-Gąsiorowska / Language(s): English Publication Year: 0

The expansion of non-standard forms of work-self-employment or work through online platforms-has created competition between the traditional contract labor model and the non-standard form, which also creates an employee-employer relationship. This article aims to suggest a different, complementary rather than antagonistic relationship between employment and labor law. However, I state that it is only a prelude to the polemic that is about to begin. In this article, I examine the legal construction of the relationship between traditional contract employment and semi-independent self-employment, which is based on the conceptualization of these two forms of labor as separate and at the same time having in common the labor entitlements derived from the principle of decent work.

More...

4.50 €

Stosowanie samozatrudnienia z naruszeniem przepisów BHP i ustawy o minimalnym wynagrodzeniu za pracę – wnioski z projektu NCN nr 2018/29/B/HS5/02534

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

The purpose of this article is to show the causes and circumstances of the use of self-employment in violation of health and safety regulations and the Minimum Wage Act, and to try to find solutions to effectively and efficiently combat this pathology. The legal solutions in force in this respect are not sufficient and the scale of abuse appears to be significant. De lege lata, the Polish legislator does not guarantee gainfully self-employed people an adequate level of protection in such fundamental areas for every working person as life and health and remuneration – the pillars of a safe, honest and fair working environment. The presented considerations constitute a fragment of the research conducted under the supervision of Prof. Tomasz Duraj, PhD, of the University of Łódź, within the framework of a scientific grant financed from the funds of the National Science Centre (contract no. UMO- 2018/29/B/HS5/02534 for research project no. 2018/29/B/HS5/02534).

More...

4.50 €

Zasady zatrudniania pracowników cudzoziemskich – przykłady naruszeń prawa pracy

Author(s): Michał Skałka / Language(s): Polish Publication Year: 0

This article examines the principles of employing foreign workers in the Polish and European labor markets, identifying violations of labor law. The regulations regarding the legalization of employment, flexible forms of engaging foreign workers, and the enforcement of labor rights are discussed. Special attention is given to examples of unfair practices by employers and temporary employment agencies, along with the consequences of violations. The article emphasizes the role of supervisory institutions and non-governmental organizations in safeguarding the rights of foreign workers.

More...

Download

Stosowanie outsourcingu z naruszeniem przepisów o zatrudnieniu tymczasowym

Author(s): Ernestyna Pachała-Szymczyk / Language(s): Polish Publication Year: 0

Outsourcing is increasingly used in business practice. It is noted that due to fewer regulations and restrictions, this mechanism is beginning to displace temporary employment. At the same time, a significant problem arises with regard to the use of outsourcing, which is actually performed under conditions characteristic of temporary agency work. The author analyses selected elements of outsourcing (in particular the structure of employee subordination), the occurrence of which may indicate a breach of the temporary work regulations. She also attempts to identify the reasons why temporary work is being replaced by improperly applied outsourcing. She demonstrates that, although there remains space in the Polish legal system for both constructions to function, this involves the risk of violating temporary work regulations.

More...

4.50 €

Outsourcing a leasing pracowniczy – zagadnienia praktyczne i formy naruszeń

Author(s): Monika Jurkiewicz / Language(s): Polish Publication Year: 0

This study aims to show the reader the differences between employee outsourcing and employee leasing, focusing on the practical aspects of the differences between these institutions, while also showing what the potential consequences associated with the improper use of these solutions may be. Thus, the purpose of this text is to show readers that the way to effective and efficient use of outsourcing or employee leasing is to have a good understanding of the differences between them. In this way, entrepreneurs can apply these solutions effectively gaining not only cost optimization, but also speed and flexibility in obtaining resources to execute the acquired contracts.

More...

4.50 €

Labor outsourcing in Brazil: an atypical contract that legitimizes the legal and social setback

Author(s): Marta Zbucka-Gargas,Cláudio Iannotti da Rocha / Language(s): English Publication Year: 0

Labor law reform in Brazil has fundamentally changed the archetype of labor law, both in terms of substantive law and procedural law, from an individual and collective perspective. The new regulations have introduced the normative regulation of outsourcing in Brazil, which was previously absent. The issue identified in the following article is: labor outsourcing resulting from the Labor Reform can be considered a Brazilian legal advance or failure. Practice shows that Law No. 13,429 lowered the level of labor rights and allowing outsourcing in the main business of the borrowing company, without equalizing rights between the employees.

More...

4.50 €

Praca platformowa – kontrowersje wokół praktyki jej stosowania

Author(s): Grażyna Spytek-Bandurska / Language(s): Polish Publication Year: 0

The aim of the article is to present the uniqueness of platform work as an element of the sharing economy. Platform work is one of the unusual forms of employment that is developing dynamically on the labour market as a result of progressing computerization and the emergence of modern technologies. Its essence is to connect (match) customers with service providers via mobile applications and online platforms. It is usually associated with on-demand passenger transport and food delivery. In fact, it covers a wide variety of specialized assignments. The complexity of platform work is evidenced by the difficulties in defining its conceptual scope and giving the performers the appropriate legal status. The role of algorithms is unclear. As a result, it does not seem possible to regulate this form in an unambiguous, precise and universal manner, which is confirmed by the long-lasting EU negotiations.

More...

4.50 €

Ochrona przed mobbingiem w niepracowniczych stosunkach zatrudnienia

Author(s): Beata Dzięgo / Language(s): Polish Publication Year: 0

Raising popularity of atypical forms of employment begs the question of applying standard regulations to them, such as the protection of worker’s rights, job security. One of the aspects is the use of regulations of mobbing and whether it can be used when it comes to other forms of employment. Character of this institution allows it to be used only in typical form of employment, which does not deprive others of the protection of their rights. It is possible to assert claims based violation on values protected by law, such as dignity or health. The legal definition of mobbing can be used as help to understand the situation of the individual and recognise the violation of one’s rights.

More...

4.50 €

Nietypowe stosunki zatrudnienia a status sygnalisty w świetle aksjologii whistleblowingu

Author(s): Łukasz Łaguna / Language(s): Polish Publication Year: 0

Narrowing the phenomenon of atypical employment relations to civil law employment, the author poses the following research hypotheses, which will be analyzed in this text: “Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of whistleblowers does not distinguish between the rights of employees and those providing paid work on a basis other than an employment contract” and “The axiology, as well as the laws that are the source of whistleblowing and the Directive itself guarantee the right to report violations to allpersons, regardless of the basis of employment.” Equally importantly, despite the introduction of analogous mechanisms at the substantive legal level, neither the Directive nor the Code of Civil Procedure guarantees non-employees preferential rights of redress compared to employees’ procedural rights. The study’s analysis shows that all of the above research hypotheses are true.

More...

4.50 €

Granice rozszerzenia gwarancyjnych instytucji prawa pracy na zatrudnienie w stosunkach cywilnoprawnych

Author(s): Monika Banaś / Language(s): Polish Publication Year: 0

Given the everchanging nature of today’s reality as well as the inevitable evolution of the understanding of a typical relationship of employment, we continue to search for new solutions, that would enable a paradigm shift. The primary means of rendering it more flexible is the gradual decrease in adopting the model of work in strict subordination. In the following article we raise the question whether there exist a possibility of enlargement of the scope of application of certain labor law institutions to individuals performing work on a basis different than employment contract.

More...

4.50 €

Nietypowe formy zatrudnienia w praktyce kontrolnej Państwowej Inspekcji Pracy

Author(s): Bartosz Kopeć / Language(s): Polish Publication Year: 0

Specific challenges of the labour market in the recent years favor the evolution of new forms of performance and organization of work, also known as atypical employment. Undoubtedly, the new solutions, together with the progressing robotization and algorithmization, currently constitute oneof the most important challenges for the labour market as their emergence provides for a number of opportunities and threats, for both workers and employers. It should be emphasized that non-typical employment contributes to making the labour market and new forms of professional activity more attractive, but on the other hand, it hinders respecting and protection of workers’ rights. Therefore, besides analyzing the pros and cons of new forms of working, it is necessary to raise the awareness of the fact that the lack of appropriate legislation not only limits the protection of the stakeholders but also prevents the activities of inspection authorities, including the National Labour Inspectorate. The importance of the issue is highlighted by the fact that the topic constitutes a challenge not only for Poland but also other EU Member States and other countries around the world. In this context, particular emphasis should be placed on the proposed Directive of the European Parliament and of the Council on improving working conditions in platform work, which could serve as the basis for discussions on national-level solutions.

More...

4.50 €

Multiplikowanie odpowiedzialności karnej związanej z nieterminowym wypłacaniem wynagrodzenia za pracę z perspektywy podstawy prawnej zatrudnienia

Author(s): Sebastian Kowalski / Language(s): Polish Publication Year: 0

The article is devoted to the criminal liability related to the non-payment of remuneration for work on time, as well as the non-payment of public tributes closely related to remuneration. The author analyses the scope of this protection depending on the basis of employment of the person whom the employing party has failed to pay the wages due.

More...

Download

Dreptul la muncă - drept fundamental al omului

Author(s): Adrian-Cornel Boaje / Language(s): Romanian Publication Year: 0

Regulating the freedom of work of any person and their right to choose their profession and workplace, the Constitution took into account, first of all, the possibility of giving every able-bodied person the opportunity to perform work as they see fit. Assuming the status of an employee, implicitly contributing monthly to the social insurance fund, the employed person has the right to a series of social protection measures, considering the fact that the justification, which is the fundamental principle, of the establishment of social insurance funds is that of the solidarity of the members who contribute to them. Also, the same article establishes the fundamental right to collective negotiations, as well as the binding nature, guaranteed by the Constitution, of the negotiations and the contracts/agreements concluded following these negotiations between employers' organizations as well as union organizations. Starting from these three fundamental rights (the right to work, the right to benefit from social assistance and the right to collective bargaining), a unitary, interdependent framework is created, through which the state, through the representative authorities and institutions, has the constitutional obligation to protect and guarantee the appropriate remuneration of work, to protect, in difficult situations, the employees who contributed monthly to the creation of social protection funds. The European Convention on Human Rights established only a few of the economic and social rights, most of the guarantees established by the Convention regarding the civil and political rights. The economic and social dimension of the fundamental rights imposed the regulation of some of the social rights in the body of the Convention at the time of its drafting and justifies the addition of some economic rights through additional protocols. The right to work is not established in the European Convention. However, evaluating the ECHR law in its evolution, we identify an indirect protection of social rights, namely in close connection with the right to a fair trial (the applicability of art. 6 in the case of the dismissal of an employee of a private enterprise) or non-discrimination (in terms of social benefits) or even in connection with the right to life, private or family life, or the prohibition of ill-treatment (right to health, environmental protection, indirect protection of social rights from the standpoint of art. 3 of the Convention.)

More...