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4.50 €

За някои правни проблеми, свързани с професионалната квалификация според Кодекса на труда

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

The legal framework of the mechanisms for gaining and improving professional training and retraining in our labor legislation is dynamic, and assessments of its effectiveness have always been contradictory. The purpose of the study is to seek answers to some questions about the appropriateness of changes in this legal institution in recent years. A number of weaknesses in the legal decisions have been identified and proposals have been made to overcome them. The analysis of at least some of the problems caused by the legal uncertainty in this field is made in the hope of provoking new scientific discussions and preventing the recurrence of such mistakes in the future.

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Допълнително трудово възнаграждение за придобита научна степен, свързана с изпълняваната от работника или служителя работа

Author(s): Anna Bakalova / Language(s): Bulgarian Publication Year: 0

This article deals with the prerequisites for acquiring the right to additional labour remuneration for a gained educational and scientific degree ‘Doctor/PhD’ or academic degree ‘Doctor of Sciences’, regulated in Art. 11 of the Ordinance on the structure and organization of the salary. Particular attention is paid to the requirement that the degree gained should be related to the work performed by the employee, as well as to the employer’s ability to determine the prerequisites and the amount of the additional labour remuneration.

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O perspectivă teoretică și jurisprudențială asupra lucrătorului, ca titular al drepturilor omului

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

The paper addresses the controversial issue of interference between labor and human rights, bringing into question the possibility of protecting the worker not only as a contracting party, but as a person. From a structural point of view, the analysis is carried out on two levels: theoretically, by presenting doctrinal differences in the matter, and jurisprudentially, by referring to solutions of the ECHR, the Constitutional Court and labor courts in the matter. Somehow, we could say that the two approaches - the labor law and the human rights protection - meet in the jurisprudence in the middle of the road, no longer being differentiated by the purely collectivist character of the first and the purely individualizing of the second. The worker-citizen, as holder of the fundamental human rights, can claim, on this foundation, even specific rights, otherwise, to the labor relations. The problem remains open, but the reality is that human rights have enriched the figure of the employee-individual, by feeding the legal order by the rights and freedoms of the human person

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Decizii ale ÎCCJ privind noul cod de procedură civilă cu influență asupra Codului muncii

Author(s): Anca-Verginica Aldescu / Language(s): Romanian Publication Year: 0

In principle, the law is defined by the normative acts that regulate it. In the configuration of the law, the role of the High Court of Cassation and Justice, but also of the Constitutional Court are specified through the legal texts. They are called upon to rule where either the provisions of the supreme law of the country are violated, or the texts of the law are liable to different interpretations, thus giving rise to different solutions of the courts applying the law. That is why the role of the two courts, one judicial and the other constitutional, is particularly important in terms of the consequences it determines. What is established by a decision of the High Court or of the Constitutional Court can be contradicted only by another decision issued by the same court, or without effect by modifying the law. Starting with 2009 - the entry into force of the New Penal Code and continuing with the entry into force of the other codes: penal procedure, civil and civil procedure, on the one hand, the legal language used in the old codes was wanted, and on the one hand putting the law in line with the innovations and changes undergone over time. But the new codes were far from perfect, some of them even needed to be republished, and the High Court and the Constitutional Court were insistently called upon to cover all the shortcomings and illegality found, so me decisions having even interdisciplinary impact, such as the Procedural Code. in conjunction with the Labor Code.

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Telemunca în contextul pandemiei Covid 19

Author(s): Mariana Stan / Language(s): Romanian Publication Year: 0

The article analyzes the teleworking during the Covid-19 pandemic, a short history, conditions, benefits of teleworking, development, the need to ensure economic support in the pandemic period, and the unexpected growth of teleworking.

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Decent work and decent working hours in the world of modern technologies

Author(s): Anton Petričević / Language(s): English Publication Year: 0

Where human work has been used for centuries, new technologies have been imposed. Systems of generating new information and configurations that help solve problematic issues without human factor interference are imposed to us. Is this good for humanity? Some people believe that artificial intelligence will destroy jobs and human labor. Others, in studying history, believe that the stages of job loss were accompanied by the stages of job creation. We are facing a very rapid development of modern technologies today, and at the same time we have a situation where workers 'working hours are getting longer and are more difficult to handle, and we are far from decent working hours today. The method of online research was used in the paper. Basic hypotheses set during the research are: 1. The introduction of modern technologies makes the work easier, working hours become reduced and the work becomes more humane and more dignified. 2. More dignified work and shorter working hours leads to more stable family relation- ships. The purpose is to establish decent working relation and decent working hours. The goal is to protect the worker from hard labor and overtime work.

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Data protection in the context of employees’ performance appraisal

Author(s): Ioana Cristina Neagoe-Diniță / Language(s): English Publication Year: 0

By this study we propose to determine what are the conditions and limits of the collection and processing of personal data in the activity of professional evaluation of employees. Personal data are collected and processed in the context of employment relations also for the purpose of the appraisal of employees' professional activity. The monitoring of the employees' activity aims at evaluating the accomplishment of the specific responsibilities of the position, as well as the fulfillment of the individual and/or team goals. A discussion on personal data protection aims at the very analysis of the balance between the legitimate interests of employers in collecting and processing employees’ data and the reasonable expectations of employees when it comes to privacy. Facilities allowing real-time access of the employer to employee's location data via smart devices, that is considered less visible to employees, applications that record the time and pace of work, the facial expressions and gestures of employees provide more than a process diagnosis, but also the diagnosis and prediction of behaviors, automatically generating profiling.

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Правното качество на неплатения отпуск като неплатен

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

The scientific research discusses one of the most essential legal characteristics of the unpaid leave under Art. 160, para. 1 of the Labor Code, namely its unpaid nature. The legal conclusions made are relevant not only for this type of unpaid leave, but also for the type of “unpaid leave“ in general, through the prism of the comparison with paid leave.

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Postupanje centara za socijalni rad u slučajevima nasilja u porodici tokom pandemije COVID-19

Author(s): Dženana Lepirica / Language(s): Bosnian Publication Year: 0

Nasilje u porodici ozbiljan je društveni problem koji snažno pogađa sve zemlje svijeta bez obzira na stupanj njihove razvijenosti. Razlika među pojedinim zemljama sastoji se uglavnom u načinu odgovora institucija sistema na problem prevencije i postupanja u slučajevima nasilja u porodici koje predstavlja najočitiji primjer kršenja ljudskih prava i sloboda.

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Munca hibrid pe piața muncii post-pandemică

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

Remote work has grown exponentially during the alert state, when employers were not only encouraged but even required by law to order teleworking whenever possible. After the end of the alert state, the face-to-face activity was resumed, without abandoning the ways of carrying out the activity that have already proved to be advantageous. Hybrid work, carried out partly at the employer's premises and partly remotely, in a workplace organized by the employee, seems to be the perfect compromise for the current period. However, it comes not without its challenges and disadvantages, and this paper aims to explore them. We propose an analysis of labor law, but also of human resources management, of the potential of this type of work, not yet expressly regulated in the Romanian legislation, as well as the formulation of some proposals of lege ferenda in the matter of hybrid work.

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Трудово и служебно правоотношение

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

The article refers to issues regarding the common ground and the differences between labour and civil servant legal relationships according to the Constitution and the Labour code. The author examines legal status of the worker and the employee as well as legal aspects of continuing legal relationship, paid labour, legal authority, legal subordination, private interest and public interest.

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Актуални проблеми по прилагане на пенсионното законодателство

Author(s): Teodora Filipova / Language(s): Bulgarian Publication Year: 0

The subject of the present article are the recent cases of disputed law enforcement in the administrative phase of the pension proceedings by the competent administrative authority. Their increased number and frequency, as well as their persistent "repetition" in similar cases, even after the annulment of the administrative acts by the courts, are beginning to emerge as a dangerous and unacceptable trend for the legal order, seriously threatening the rights of Bulgarian citizens.

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Отражението на директива 96/71/ЕО върху института на командироването в българското трудово право

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

The article is a part of a larger study devoted to the impact of Directive 96/71/EC on the institution of posting in Bulgarian labor law. It consists of three sections.

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Недействителност на трудовия договор. Съдебно прогласяване. Проблеми

Author(s): Zhivko Boychev / Language(s): Bulgarian Publication Year: 0

This employment contract is one of the manifestations of the constitutional principle of freedom of labor in labor law. As a specific type of employment contract, it has many features, a large part of which are manifested upon its conclusion.

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Особености на сключването на трудов договор за обучение по време на работа

Author(s): Hristo Banov / Language(s): Bulgarian Publication Year: 0

This employment contract is one of the manifestations of the constitutional principle of freedom of labor in labor law. As a specific type of employment contract, it has many features, a large part of which are manifested upon its conclusion.

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Правни проблеми при прилагането на чл. 9 от Наредбата за структурата и организацията на работната заплата

Author(s): Anna Filcheva / Language(s): Bulgarian Publication Year: 0

The report analyses all paragraphs of Art. 9 of the Ordinance on the structure and organization of the salary. It was analyzed the legal nature of the payment of labor according to Art. 9, para. 1 and para. 3 of the Ordinance, and proposals de lege ferenda were also made.

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Тежестта на доказване на оставането без работа след незаконно уволнение на работник или служител

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

This paper is dedicated to the question of the burden of proof of the fact that after a wrongful dismissal the worker or employee has been left unemployed. As a result of the analysis made the conclusion that the fact of being left unemployed should not be proved by the worker or employee has been arrived at. It is accepted that if the employer objects that the worker or employee has found a job immediately after the dismissal the burden of proving that rests on the employer.

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Защита на основните трудови права от конституционния съд

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

Fundamental labour rights are regulated in the Constitution of the Republic of Bulgaria of 12 July 1991. Their regulation has been extended and enriched as part of the profound social changes that have taken place in Bulgaria since the end of 1989. Among the most important legal guarantees for the "protection of labour" under Article 16 of the Constitution is also the protection of basic labour rights by the Constitutional Court in its jurisprudence. It derives from Art. 149 para. 1, items 1, 2 and 4 of the Constitution, which define its powers. All provisions of the current labour law are to one degree or another directly or indirectly related to the general principles and fundamental labour rights set out in the Constitution and the Constitutional Court's case law on their application. The constitutional protection of fundamental labour rights has had a positive impact on the development of labour law. It is a guarantee for its observance, strengthening the protection of citizens' labour rights and for the establishment of the rule of law and the social state in Bulgaria.

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Административният акт на министъра на труда и социалната политика по чл. 51Б, ал. 4 от Кодекса на труда

Author(s): Vasil Petrov / Language(s): Bulgarian Publication Year: 0

This report focuses on the authority of the Minister of Labour and Social Policy to extend the effect of a collective labor agreement at the sectoral or branch level, regulated in Article 51B(4) of the Labour Code (LC), and the Act, issued in the exercise of that power. The legality (or rather the illegality) of one of these extensions has already been adjudicated by the Supreme Administrative Court (SAC), which in itself is sufficient as a justification for the consideration of the institute. The report is also addresses some of the questions raised by the existence of the institute of the extension of a collective agreement by an act of public authority.

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Трудовоправни проблеми при аутсорсинг на дейност от работодателя

Author(s): Teodora Filipova / Language(s): Bulgarian Publication Year: 0

The article examines the concept of outsourcing and the labour law problems that arise in its forms. The individual rights of workers and employees in this specific type of activity have been examined. The norms of the Labour Code and the case law in the Republic of Bulgaria and the Court of the European Union have been studied.

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