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Нетипичните форми на трудова заетост се нуждаят от правна уредба

Author(s): Krassimira Sredkova / Language(s): Bulgarian Publication Year: 0

The study is dedicated to the need for regulation of atypical forms of employment that are entering the Bulgarian practice. The article examines in details the individual forms of this kind of employment. Their common features are outlined. A proposal has been made that the mentioned in the article, as well as other forms of untypical employment, to receive legal regulation in the relevant groups of normative acts - normative acts on the promotion of employment and the Labour Code.

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Права на осигурените лица в допълнителното доброволно пенсионно осигуряване

Author(s): Ilian Shotlekov / Language(s): Bulgarian Publication Year: 0

The development of the additional voluntary pension security in the Republic of Bulgaria is the reason why hundreds of thousands of people are included in it. The article makes a detailed analysis of the rights of the secured persons in the additional voluntary pension security. The author divides these rights into two groups according to the moment of their implementation under the security legal relationship - rights that may be exercised before the realization of the covered social risk and those when the covered social risk is realized. Proposals have been made for changes in the legal regulatory, with the aim of stimulating the individuals to make additional security.

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За глобите и осигурителните вноски

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

The article deals with the differences between the fines and the social security contributions which are normally clear in the theory of administrative and social security law and no confusion is possible. But the topic became interesting in the light of the amendment of the Labour code made in the beginning of 2012. It provided a special fine for the worker engaged without the mandatory written contract of labour. The new rule provided also that the amount of the fine paid by the worker would equal the contributions due for his social security coverage for three months and be transferred to the Budget of the State Pension Funds. But no relation with the social security rules were made by the legislator and the real contributions for the whole period of illegal work still stood dues. what were the juridical sense and the practical utility of such a measure and why a fine was provided for the purpose of financing the Social Security? Despite of the fact that the Constitutional Court later declared the amendment anti-constitutional, the discussion about the different nature of fines and social security contributions keeps its importance in order future strange and confounding legal decisions to be avoided.

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Задължителното здравно осигуряване в България - от договорното начало до публичното право

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

The health Insurance Act (HIA) (effective 01.01.1999) introduced the compulsory (obligatory) health insurance and regulated the supplementary health insurance in Bulgaria. One of the major principles of compulsory health insurance is the negotiating between the NHIF and the medical care providers. According to the health Insurance Act, the financial relations between NHIF and the medical care providers are negotiated at two levels - national (by signing a National framework contract with the professional organisations of physicians and dentists) and individual (by signing individual contracts). The amendments in the HIA and the jurisprudence manifested the development of obligatory health insurance – from contractual to administrative character. The SAC defined (2003) the National framework contract as a part of insurance legislation. The HIA (amended 2010) determined the National framework contract as a normative administrative act. The contracts according to the HIA are typical administrative contracts despite the lack of legal definition in Bulgarian legislation.

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VPLYV FAKTOROV PRÁVNEHO PROSTREDIA NA RODINNÉ PODNIKY V REGIÓNOCH SLOVENSKEJ REPUBLIKY

Author(s): František Vojtech,Jarmila Mižičková,Michal Levický / Language(s): Slovak Publication Year: 0

The aim of the paper is to diagnose the situation of small and medium-sized enterprises in Slovakia, specifically in the family business segment, with an emphasis on the impact of the legislative environment on them. The article deals with the development of small and medium-sized enterprises and family business in Slovakia in general. Furthermore, despite the lack of a legal basis for family business, we compare the status of family businesses in the regions according to the selected criteria. Subsequently, through specific questions, we find out the preferences of family businesses in relation to the issue. In addition to general theoretical research methods, we also used specific scientific methods and techniques related to the processing of questionnaire data. Family businesses have difficulty applying multiple laws independently of the region in which they reside. To a large extent, they cause problems for businesses to apply the Labor Code, the Value Added Tax Act, and the Occupational Safety and Health Act. Despite this, we have further found that respondents did not consider the legislative environment as the greatest threat to their family business, but problems and conflicts in the family, succession and family tragedies. As regards the government's aid requirements in the near future, it can be stated that family business preferences vary depending on the region in which they reside.

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Considerații privind noile reglementări ale instituției reprezentanților salariaților din legea dialogului social

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

At the end of 2022, the situation of employee representatives has changed, being much detailed at the regulatory level, through the new social dialogue law. At the employer where there are at least 10 employees/workers and where there is no union, the interests of the employees/workers can be promoted and defended by their representatives. It is established, in the absence of the agreement of the parties, the number of representatives considered optimal, and their attributions have been specified. The representatives of employees/workers cannot carry out activities that are recognized by law exclusively for trade unions. It is assumed that in the new legislative framework, the activity of employee representatives will increase through effective participation in the procedures for information, consultation, and resolution of collective labor disputes.

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Avatarurile termenelor substanțiale și procedurale în dreptul muncii

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

Labour relationship has its entire existence decisively marked by both substantial and procedural terms. A thorough regulation of terms is the premise of a harmonious development of labor relations. Unfortunately, the present legal frame is far from being accurate and comprehensive enough, therefore divergent doctrine and jurisprudence have fertile soil to develop. The present study aims to underline certain major deficiencies in respect of terms and their consequences, hoping for legilastive initiative in order to fix the reproted problems.

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МОРСКАТА КВАЛИФИКАЦИЯ НА МЛАДИТЕ ХОРА – ГАРАНТ ЗА БЪДЕЩОТО РАЗВИТИЕ НА СИНЯТА ИКОНОМИКА

Author(s): Deyan DIMITROV,Veronika Stoilova / Language(s): Bulgarian Publication Year: 0

Oceans and waterways are established engines forthe global and European economies, respectively, because they havegreat potential to ensure sustainability and growth. In addition to thetraditional maritime sectors, it is important to create the conditionsfor promoting sustainable career opportunities in the blue economy,such as coastal tourism, aquaculture, ocean energy and marine biotechnology.

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Respectarea de către angajat a obligației de fidelitate față de angajatori în condițiile cumulului de funcții ca urmare a transpunerii Directivei (UE) 2019/1152 a Parlamentului European și a Consiliului din 20 iunie 2019

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

By Law no. 283 of October 17, 2022 for the amendment and completion of Law no. 53/2003- Labor Code, as well as Government Emergency Ordinance no. 57/2019 regarding the Administrative Code published in the Official Gazette no. 1013 of October 19, 2022, the transposition of Directive (EU) 2019/1152 of the European Parliament and of the Council of June 20, 2019 on the transparency and predictability of working conditions in the European Union was desired. Directive (EU) 2019/1152 does not provide for the obligation of loyalty to the employer among the information that must be communicated to the employee, although the Directive specifies in Article 9 of its content, the parallel exercise of another professional activity by the same employee, including within another employer. In the version prior to the entry into force of Law no. 283/17.10.2022, this possibility of the employee was regulated in the Labor Code, through the amendment made adding an additional condition and an absolute prohibition to the employer, as a result of the transposition of the Directive. The problem that arises is the way in which the employee will respect his obligation of loyalty to the employers, given that the Labor Code does not provide for express limitations regarding the conclusion of several employment contracts with different employers, although the Directive states that the states members may impose restrictions in this respect. Thus, by law ferenda, the amendment of art. 36 of the Labor Code by precisely defining the terms and establishing limits in which the employee can have the same position (activities, professions, trades) within several employers with respect for the obligation of loyalty and with respect for his freedom of work.

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Международноправни източници на правото на работниците и служителите на информиране и консултиране

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

The right to inform and consult employees and their representatives has been fundamentally elevated through their establishment in a number of international and regional acts. The exhibition reviews fundamental conventions of the International Labour Organisation as well as European Union law in this field.

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Редът за приемане на работа като израз на специалната закрила на труда на непълнолетните

Author(s): Iliyana Sabinova / Language(s): Bulgarian Publication Year: 0

Due to their young age minors are more vulnerable as employees. They need enhanced and thorough care. The special protection of minor labour manifests itself throughout the whole existence of the individual employment relationship. Even more. The protection of youth labour begins even before the employment relationship is established and in a temporal aspect this is the first element of the increased legislative attention to young people as carriers of labour force. The special legal regime which precedes the emergence of the employment relationship is expressed in the special procedure for employment of minors. The latter includes a mandatory preliminary thorough medical examination and a prior permission from the Labour inspectorate. Thus the special rules about the protection of youth labour are a guarantee that the labour process will not endanger the life, health and overall development of minors.

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За някои предизвикателства пред управлението на хора при дистанционните методи на работа

Author(s): Marin Paunov / Language(s): Bulgarian Publication Year: 0

The current Covid-19 pandemic provoked alternative work arrangements and a large proportion of employees started to work from home. Despite the initial technological euphoria, this change started showing not positive, but serious negative phenomena in terms not only of organization and daily practices, but also of psychological and managerial nature. It brought a lot of new questions and problems concerning all soft management elements especially in the domains of corporate cultures, work motivation and individual psychological responses. This report provides an overview of some major issues of this type and offers ways of tackling them. While there is no doubt that the future will offer a lot more flexibility and various options for combined distant and office work arrangements, this article explains why the current extent of working from home should rather remain as a transitory element responding to the exceptional circumstances.

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Системна промяна към компетентностен подход и дигитална трансформация

Author(s): Neno Pavlov / Language(s): Bulgarian Publication Year: 0

In the growing uncertainty and dynamism of the today’s changing turbulent environment, with the strength of a strategic priority goal and indispensable part of the key policies of the modern organization, a growing integration of the competency based approach and the benefits of systemic digital transformation in human resource management is demonstrated. This requires the knowledge of the intercomplementary good practices as well as the technology of their implementation in the key HR functional activities that generate significant sustainable competitive advantages for the businesses in the digital environment.

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Защита на покупателната сила на доходите от социални помощи

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

Objective of the report is to examine the protection of the purchasing power of welfare incomes in Bulgaria over the last 14 years. The research tasks are: (1) to carry out a synthesized analysis of the evolution of real social assistance incomes; (2) to provide an analytical review of approaches and mechanisms for anti-inflationary protection of social benefits; (3) to propose conclusions, assessments and recommendations. The paper is focused on the following social assistance incomes: one-off social assistance benefits, monthly social assistance benefits and heating allowances.

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Рискове и гаранции за пенсионерите във фазата на изплащане от универсалните пенсионни фондове

Author(s): Bisser Petkov / Language(s): Bulgarian Publication Year: 0

The publication analyzes the risks for pensioners and assesses their manifestation and management by the pension insurance companies in the first full year (2022) of the payout phase from the universal pension funds (UPF). Taking into account the risk characteristics of the retirement products regulated in the Bulgarian legislation and the dominant trends of the financial markets in 2022, the conclusion is substantiated that pensioners from the UPF are the most unprotected from inflation and annuitization risks.

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5.00 €

Нов отпуск за бащите в Кодекса на труда

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

With the last amendments to the Labour Code, made only this summer, a new leave has been introduced, as a right for fathers of children up to 8 years of age. It is a paid leave. This comes from the obligation of transposing Directive 2019/1158 that Bulgaria has as an EU Member State. The article deals with the conditions for using the leave but also raises the question whether that kind of leave is the best way to cope with the requirements of the Directive.

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Недействителност на споразуменията при упражняване на колективни трудови права

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

The Labour Code regulates cases where, in order to establish certain rights and obligations, or to fulfill a statutory procedure, it is necessary to conclude an agreement between statutory parties. These agreements are regulated by labour legislation, the content of which should correspond to the law, not circumvent it and not contradict good morals. These agreements do not in all cases have the characteristics of contracts. The paper studies the agreements under Art. 3, Para 4, Art. 7c, Para 4, Art. 130, Para 5, Art. 51b, Para 2 and Para 4 of the Labour Code, concluded in connection with the exercise of collective labour rights.

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Гаранции за защита на работника и служителя при прекратяване на трудовото правоотношение на плоскостта на европейското и националното законодателство

Author(s): Vanya Miteva / Language(s): Bulgarian Publication Year: 0

The termination of the employment relationship, along with its origination, is one of the most important and key issues of Labour law. It may have significant consequences for the employee, initially recognized as the weaker party in the employment relationship. Their release from work can reflect both on their financial and social status. This necessitates the introduction of mandatory legal restrictions to ensure a balance between the interests of the employer and the employee. Employees’ protection upon employment termination, although often associated with the legislative mechanisms for implementing the preliminary protection in case of dismissal under Art. 333 of the Labour Code (LC) and the subsequent methods for contesting the legality of dismissal under Art. 344 of the LC, also includes a number of other protective mechanisms. These can be found both in European Union law and in national employment legislation regulations related to: the right to reasonable notice period, the right not to be dismissed from work without a valid reason, the right to non-discrimination upon dismissal, the right to advance protection in case of dismissal, the right to compensation upon termination of the employment relationship, the right to appeal to an independent authority, the right to request reinstatement.

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4.50 €

Декларациите на международната организация на труда

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

The subject of the scientific analysis is the nature and significance of declarations as acts adopted by the International Labour Organization. The paper deals with the six solemn declarations that were adopted at sessions of the International Labour Conference (the General Conference).

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4.50 €

Dylematy podstaw prawnych i ochrony nietypowych form zatrudnienia

Author(s): Małgorzata Gersdorf / Language(s): Polish Publication Year: 0

The analysis tends to predict the future of employment and the scope of subordination. It also underlines the need for research on the types of employment contracts.

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