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The article highlights the amendments to the Labour Code and the Law on the Settlement of Collective Labour Disputes, adopted in March 2001, which developed further the collective labour law. The focus is on the new and enriched legal regulation of such fundamental institutes of Bulgarian collective labour law as the social dialogue, tripartite cooperation, collective bargaining and collective agreements, representatives of workers and officers, chosen by the general meeting of workers and officers as well as the role of the mediation, conciliation and arbitration in voluntary settlement of the collective labour disputes.
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Extension of working hours over the established normal or reduced duration of the working time was introduced in Bulgarian labour legislation by the Amendments of the Labour Code Act of March 2001. This is possible due to reasons connected to the production process and aims better opportunities for the employers to use effective the working force. Several limitations are established by the law for exercising this right of the employer - maximal duration of the working day; not more than 60 extended working days in a year from which not more than 20 consecutive days etc. The extended duration of working hours has to be compensated by reduction of working time in a period not more than 4 months. The employer should consult the workers representatives and inform the Labour inspection before introducing such a regime of work. These and other topics as well as the experiences of other industrialized countries are surveyed in this article.
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The article focuses on the origin of the term ‘working time’ and the stages in the development of its regulation. Consideration is given to those factors which bring about the interference of the State in the private relationships between the employee and the employer through the limitation on the maximum duration of working time. At the very beginning, the legislation regarding the limitation on the duration of working time is adopted in the industrialized countries with respect to some vulnerable groups of employees (e.g. women and children). Later on, working hours limit for all employees is arrived at. Special attention is given to the importance of the international standards that are adopted by the International Labour Organization. The subsequent important stage is the establishment of the 40-hour work week, which is assumed to be the normal duration. The concept of flexibility, which has been dominant since the seventies of the 20th century, and its impact on working time have also been examined. When considering the separate stages, an obvious constant tendency to a decrease in working time duration is observed, although this tendency has its specific manifestation in the various sectors of the economy and the separate regions of the world.
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The article deals with the insurer under Bulgarian law. The insurer is a branch-type legal subject because it is only in Bulgarian social security law that he is called ‘insurer’. This thesis partially contravenes Art. 5, para. 1 of the Social Security Code (SSC), yet it is consistent with the Constitution, which is ‘... the supreme law and the other laws may not contravene it ...’ and the norms of which ‘... have a direct effect ...’ (Art. 5, para. 1 and para. 2 Const.). Consideration is given to the insurer that may be either an individual or a legal entity, and arguments in favour thereof are put forward. A comparison is made between the concept of ‘insurer’ and other similar legal figures.
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According to the Constitution of 1991 and the Health Insurance Act of 1998 a health insurance system has to be introduced in Bulgaria. A lot of legal provisions of the latter act are not typical for the social security systems. The insured income is a basis only for determination of the contributions to the National Health Insurance Funds but this income and the contributions are of no importance for the services due by the Funds. In such a way the contributions are more similar to taxes than to social security contributions. Furthermore the insured person has to pay additional fees — for every visit to a doctor and for every day spent in a hospital. This is another reason for a doubt as to the insurance character of the Bulgarian health insurance system.
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The following research goal is to compare the state of research and scientific findings concerning the human rights of a “working man” in Poland and in France, with the use of a library search. After reviewing the French manuals on employment law it is known that the subject of the “working man’s” human rights is a subject which is common in the academic field there, subject to much attention (Dockes 2018). Even a cursory lecture of the legal bibliography entries confirms the weighty importance of the issue of human rights in labour law (Didry 2018, pp. 241–264). Meanwhile in Poland the state of research is saddening. Not only there are no studies, but there is even no academic discussion in the field, moreover, it is even actively avoided. Of course one has to ask: why? What is the reason for this approach of the Polish legal science to the key subject of “working man’s” human rights in Poland? These are the questions that I try to answer herein.
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Any legislation must be assessed from the point of view of its practicability. Legislation and the application of law are closely correlated. The law must be the law in action. Based on this assumption, the overall assessment of the statutory model of the powers vested in a trade union organization is largely negative. The legislator did not provide effective tools, i.e. legal mechanisms enabling the functioning of company trade union organizations at the majority of Polish employers, and thus did not create the legal conditions for the functioning of proper and intended relations between the entities of collective employment relationships. This results, among other things, from a failure to adapt trade union legislation to the dynamically changing socio-economic conditions and needs of the modern labour market. Lack of the legislator’s activity in this respect raises concerns as to the future of the trade union movement in Poland.
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The article aims at presenting the reconsidered model of association of public servants under the Polish legal system. In the past, there was a statutory imposed limiting monism in the trade union movement of military services officers. Since 2019 trade union pluralism has been introduced for the Police, Border Guard, and Prison Service officers, which is analyzed in the paper. Another issue discussed in this article is the right of association of persons employed in civil public administration.
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This article is devoted to the inter-company trade union organization after the amendment to the Trade Union Act. The inter-company trade union organization is relatively rarely subject of studies in labour law. Usually it is considered that the arrangements made for the company trade union organizations relate also to intercompany trade union organisation. Meanwhile, a more detailed analysis shows that the inter-company trade union organization is characterized by far-reaching specificity, and its regulation based largely on references to regulations governing the legal status of the company trade union organization is not always adequate. This generates numerous practical problems. In this text, the author analyzes several particularly important issues regarding intercompany trade union organization in connection with the amendment to the Trade Union Act, which entered into force on January 1, 2019.
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Migration of people is a multidimensional phenomenon that combines various aspects. Complexity of migration processes, its variability in time, diversity of economic, demographic, political or cultural determinants pose considerable challenges on the European labour market on many levels, starting from theoretical ones—related to the adoption of a uniform definition of migrant workers, and ending with the practical ones—relating to the establishment of the sustainable migration policy measures that would aim at safeguarding their fully-fledged participation in it guaranteed by various regulatory norms and standards. The article aims at presenting a rudimentary analysis of the specificity of labour migration in Poland against the background of European countries, in order to elucidate the deficiencies of the present regulatory approaches in addressing the phenomenon of sui generis peripherilization of migrant workforce in Poland. Its content has been enriched with comparative overview of the results of the case studies conducted in one of the key sectors for European labour market exposed to this phenomenon—namely pork meat value chain. Notably, problems related to wage levels and working conditions of migrant workers observed in this sector are as much industry-specific, as exemplary of wider global trends in industries that offer low pay, low status, little career advancement and stressful work environment.
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The European Social Charter, the EU Charter of Fundamental Rights and the European Pillar of Social Rights, are tied by mutual interactions and inspirations. The aim of this study is to present the institution of solidarity action, lockout and protection of workers’ elected representatives, and reflection on which instruments of international law can be applied in these areas.
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The amendment to the trade union act, which entered into force on January 1, 2019, has undoubtedly made the most far-reaching changes in collective labour law since at least the late 1980s and early 1990s. One of the structures that has undergone transformations is the representativeness of trade unions at various levels. At the same time, the legislator amended the Act on the settlement of collective disputes, however, he has not decided to introduce representativeness to it as one of the requirements for conducting a collective dispute. The study is intended to attempt to answer the question whether this abstinence is justified or whether further changes to this act should be postulated, including in terms of taking into account the diversity of rights of trade union structures due to having representativeness.
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The subject of the study is the impact of the amendment to the Act on trade unions on the procedure for concluding an agreement regarding employee participation in the management of European business entities. The author concentrates cosiderations primarily on European company, which is called the “flagship of European company law”. In connection with a similar regulation, considerations were also referred to the European cooperative and the company formed as a result of a cross- order merger. Due to the size of the issue and the separate nature of the regulations, the participation of employees in European works committee in community-wide enterprises and groups of these enterprises was omitted. The author intends to determine whether the regulations introduced by the amendment to the Act on trade unions are consistent with the other solutions provided for in the laws concerning European business entities. For this purpose, she examines some examples of regulations leading to the conclusion of an agreement on the participation of workers in management of the company in Europe.
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In the context of recent GSP changes, especially the Trump Administration’s steps relating to certain beneficiary countries, it is timely to assess the effectiveness of this unilateral mechanism. In particular, the academic question connected to the impact of the GSP on social development and human rights in the beneficiary countries is the key issue. It is also interesting to what extent the threat of blocking imports or the withdrawal from the scheme can give rise to policy change regarding labour standards. This article aims to analyse the legal basis, and compare the EU’s and the US’s GSP labour provisions. The author applies critical reasoning and comparative analysis with a view to showing the differences between both countries. She focuses her attention on advantages and disadvantages of the GSP schemes—not only those currently in effect in the US and the EU, but also from a historical perspective.
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Outsourcing is a phenomenon that combines business strategies, structural characteristics of companies and working relationships. In Italy outsourcing is widespread, facilitated by a legislation that has removed limits and made the outsourced production and the management of the workforce easier. As a result, employment, working conditions and industrial relations in the value chain have been affected by this phenomenon in terms of high fragmentation and work protection. In this scenario the industries which have been more negatively impacted by the phenomenon are the ones under high pressure from large retailers and the demand for low cost goods, such as the logistics and the meat sector. The article aims at presenting the analysis of outsourcing phenomenon in Italy, by examining its causes, its mechanism and its consequences on workers and their trade unions. In this context, an inadequacy of the present regulatory approaches in addressing the phenomenon of outsourcing has been observed. Its content has been enriched with the analysis of a case study, called “Modena system,” which unveils the weaknesses of outsourcing in a specific sector, the meat industry, and the concrete responses taken by the public actors and trade unions to deal with them.
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This article deals with the misdemeanour liability which may be imposed in the event of a lack of payment of a remuneration to a posting worker when a due amount of money for such a remuneration is regulated by a Member Stater other than Poland. The authors analyse the aforementioned problem from the perspective of the Polish misdemeanour law. Having done so, the authors have perceived two problems: lex loci of an act and availability of an interpretation of a legal penalizing norm stemming from the EU directive. The former problem was solved by accepting the proposition that lex loci for a negligent default of payment of a remuneration by an employer of a posting worker is always the country of her principal office which in practise is always the country from which a posting worker is being posted. The latter, by accepting the proposition that a regulation on remuneration for posting workers, which is a body of law of a foreign country, should be deemed as comprising of overriding mandatory provisions, in turn those provisions may be used to interpret a legal norm encompassed with a misdemeanour sanction because those overriding mandatory provisions have theirs base in the EU law that is part the Polish legal system.
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Given that the civil service legislation is quite restrictive when it comes to the workplace of the civil servant, the question arises, what similar regulatory situations in the labor law could be applied in the field of civil service to meet the current conditions on the Romanian labor market.
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