CEEOL - Browse Subjects Result

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.

Návrh nové právní úpravy zákoníku práce v otázce přechodu práv a povinností z pracovněprávních vztahů

Author(s): Jiří Novotný / Language(s): Czech Issue: 1/2021

On 2 January 2020, the Government of the Czech Republic submitted a bill to the Chamber of Deputies amending the Labor Code. The bill was sent to deputies as press 689/0 on 2 January 2020. The proposed amendment to the Labor Code was compiled by the Ministry of Labor and Social Affairs of the Czech Republic, among other objectives, with the aim of achieving compliance with national legislation with EU regulations and case law. The proposed amendment to the Labor Code should explicitly regulate the conditions for the transfer of the employer's activities, and further specify the conditions for giving notice by an employee pursuant to Section 51a of the Labor Code when transferring rights and obligations from employment relationships. It is precisely in the issue of conditions for the transfer of the employer's activities that the current legal regulation has been repeatedly criticized due to insufficient use of EU legislation for the national legal regulation of the transfer of rights and obligations from labor relations.

More...

Metody oceny ryzyka zawodowego przy stosowaniu nanomateriałów

Author(s): Małgorzata Pośniak / Language(s): Polish Issue: 8/2021

The use of nanomaterials in the different areas of the national economy, on one hand, contributes to the manufacture of products that make human life easier and more comfortable, but on the other, if the risk is not properly managed, it can pose a threat to the workers’ health. Therefore, it is necessary to identify, assess and reduce the risk of occupational exposure to these hazardous materials. Presented in the article methods for estimation of the occupational risk are now the sole solution to properly manage the risk posed by engineering nanomaterials (ENMs) and to take appropriate measures to reduce it. Their application will enable Polish employers to comply with the recommendations of Directive 98/24 EC in the area of occupational risk management related to these specific chemical substances. The main means to solving the problem of occupational risk assessment, posed by nanomaterials, are control banding methods (CB methods), that take into account the physicochemical properties and specific impact of nanoparticles on living organisms. These methods are increasingly used in EU countries, in the USA and Canada, and are recommended by the International Labour Organisation, the World Health Organisation and the European Agency for Safety and Health at Work.

More...

Czy promieniowanie optyczne pochodzące z urządzeń rzeczywistości wirtualnej i rozszerzonej może stanowić zagrożenie dla zdrowia?

Author(s): Mariusz Wisełka,Agnieszka Wolska / Language(s): Polish Issue: 9/2021

Virtual reality (VR) and originating augmented reality (AR) devices are increasingly used not only for entertainment purposes, but also as elements supporting training or rehabilitation. Considering the development of this technology in recent years, it can be assumed that in the near future these devices will become part of some workplaces. However, in order to ensure the safety of employees using virtual and augmented reality devices, make sure that they do not pose a threat to human health, and in particular they do not cause eye damage or circadian rhythm disturbances related to optical radiation emitted by displays.

More...

Porównanie wybranych parametrów biomechanicznych osób po upadku oraz osób, które nie uległy upadkowi

Author(s): Tomasz Tokarski / Language(s): Polish Issue: 9/2021

Falling out of balance is a very common cause of accidents at work. Older workers are particularly affected by this problem. It turns out that each year nearly 1/3 of people over 65 experience a fall. Particularly vulnerable are, inter alia, people with impaired physical parameters. These unfavourable changes occur along with the progressive aging process and as a result of damage to the locomotor system. Thus, the frequency of falls increases with age, and the effects on health become more severe. The article describes research on people in the 60-67 age group. Their aim was: firstly – to compare selected biomechanical parameters (i.e. parameters of walking, eye-hand coordination, muscle strength and the ability to maintain balance) of people after a fall and people who did not fall, and secondly – to indicate those parameters that may have an influence on a greater tendency to fall. Meanwhile, the differences between the parameters obtained for both studied groups turned out to be small and statistically insignificant.

More...

RADNOPRAVNI POLOŽAJ DIGITALNIH RADNIKA – ISKUSTVA EVROPSKIH ZEMALJA

Author(s): Mario Reljanović,Jovana Misailović / Language(s): Serbian Issue: 3/2021

The use of information and communication technologies in the work process introduced significant innovations, as well as the emergence of new occupations and professions. This digitalisation of work affects the increase of efficiency and easier performance of a number of jobs, but also the precarisation of labour and shifting the focus of employers from employment to other, atypical forms of labour relations. At the same time, employed digital workers exercise some of their labour rights in a specific way. In most cases, digital work implies physical separation from the employer, which raises a number of questions: how to organise working hours, how to supervise the work of digital workers, how they can exercise their collective rights, how the employer can arrange a safe working environment outside its premises, and similar. On the other hand, workers who work outside the employment relationship, among which platform self-employed workers and freelancers stand out, are in a significantly more difficult position when it comes to exercising basic labour rights. The emergence of false self-employment, which is expanding along with the growth of the use of ICT in the work process in various occupations, as well as the virtually unresolved status of the „freelancers“ working exclusively in short-term employment for multiple employers simultaneously or successively, are some of the most pressing problems in modern labour law. The research is focused on the analysis of all these issues; it does not largely deal with the basic clarification of the concepts and development of certain categories of employment - these issues are treated only superficially - but it rather indicates the upgrade of the initial tendencies of changes in the understanding of labour and employment, with particular emphasis on returning to classical form of labour relation, which has been refined and modernised with new elements resulting from the digitalisation of work.

More...

PRAVNI REŽIM RADA OD KUĆE U DOMAĆEM I MEĐUNARODNOM PRAVU

Author(s): Slađana Gligorić / Language(s): Serbian Issue: 3/2021

In the conditions of pandemic Covid 19, there was an expansion of work from home, which includes various forms of informal work that is performed outside of business premises of the employer. Such work includes “reduced” control power of the employer, calls into question the legal subrogation in the employment relationship, and has negative consequences for the realization of the rights of employee (primarily for safety and protection at work and privacy). Therefore, the paper lists the most important international documents of International Labour Organization applicable to work from home. It can be noticed that the modern concept of work from home differs from the former, in a way that it is limited to intellectual jobs or services that are performed in the digital environment. Regulation of work from home in the main Labour Law of the Republic of Serbia is incomplete, while the current Law on Health and Safety at Work does not recognize this form of work, which de lege ferenda requires amendment and harmonization of provisions, all with the aim of ensuring fuller protection of fundamental rights to work and in connection with work, as well as regulating the status of employees.

More...

Laický soudce − historický relikt či funkční garant pracovněprávní ochrany?

Author(s): Petr Frischmann / Language(s): Czech Issue: 5/2021

The article addresses the issue of the participation of lay arbitrators in the labour justice system. According to the author, the specifics of employment legislation serve to legitimise the participation of lay persons, as evidenced by experience abroad. However, in order to increase the functionality and the necessary generational change of such arbitrators, it will be necessary to strengthen the independence of the process via the systemic adjustment of both the length of the arbitration mandate and the appointment mechanism. Such changes have the potential to enhance the quality and functionality of the participation of arbitrators in labour disputes, especially with respect to training and increases in remuneration.

More...

KRIVIČNO DELO POVREDE PRAVA PO OSNOVU RADA I PRAVA IZ SOCIJALNOG OSIGURANJA: PROBLEMI U PRAKSI I POTREBA ZA NOVELIRANJEM

Author(s): Aleksandar Stevanović / Language(s): Serbian Issue: 2/2021

The aim of the paper is to determine the main characteristics of the crime in question. It was pointed out that this is a criminal norm that provides protection to labor relations in a general way, i.e. workers’ rights. Therefore, there are numerous ambiguities in judicial practice, mostly concerning the legal qualification of the violation of labor regulations and issues of proper application of the ne bis in idem principle. The paper specifically points to de lege ferenda legal solutions that would aim to more clearly determine the scope of labor rights that are protected by the relevant criminal norm.

More...

Działania wspierające zatrudnienie osób z chorobami przewlekłymi

Author(s): Joanna Bugajska,Elżbieta Łastowiecka-Moras / Language(s): Polish Issue: 10/2021

Chronic diseases are progressively limiting the functioning of persons suffering from them in everyday life, including work activity. They have a great impact on the ability to perform work, and thus the earnings. The etiology of chronic diseases is multifactorial. Occupational factors and lifestyle play an important role in their formation. Influencing these factors is one of the most important measures supporting the employment of people suffering from chronic diseases. The article discusses the main activities in promoting a healthy lifestyle and adjusting working conditions to the needs of people with osteoarthritis, selected diseases of the cardiovascular system (coronary artery disease and hypertension), and diabetes.

More...

Systemy umożliwiające identyfikację upadku z wysokości

Author(s): Marcin Jachowicz,Grzegorz Owczarek / Language(s): Polish Issue: 10/2021

The article discusses two types of systems developed at CIOP-PIB, which enable the identification of human falls from a height. The operation of the first system is based on an accelerometric measuring system implemented in the hip belt, which is an element of the equipment protecting against falls from a height. The operation of the second system is based on the analysis of the recorded video. The methods and results of calibration and verification tests of both designed systems, which were used for the preliminary tests, were presented. During these tests, the participant performed specific exercises: sitting down and simulating falling. The comparison of the test results showed a high convergence between the values measured with the acceleration sensors and the values obtained on the basis of the image analysis. The described systems can therefore be used for fall identification and as initiators of devices for dynamic shortening of the fall path, which will reduce the forces acting on a person during restraining his fall from a height.

More...

Możliwości wykorzystania egzoszkieletów do wspomagania pracowników w czynnościach wymagających siły, wirtualnych szkoleniach czy rehabilitacji

Author(s): Andrzej Grabowski / Language(s): Polish Issue: 11/2021

The automation and robotization of industrial production processes goes hand in hand with the use of similar technological solutions, such as wearable robots, to support workers. The most technologically advanced example of a wearable robot, i.e. a full-body active exoskeleton, is only one of many possible application of various types of exoskeletons. They can also be used to support workers training, remote control of robots and support the process of physiotherapy and rehabilitation.

More...

Propozycje rozwiązań filtrowania sygnału w elektronicznych systemach przekazywania dźwięku

Author(s): Rafał Młyński,Emil Kozłowski,Leszek Morzyński,Adam Swidziński / Language(s): Polish Issue: 11/2021

Proper perception of sounds in the work environment, most often auditory danger signals, but also verbal warnings from co-workers, increases the degree of safe stay in the workplace. Hence, it is important that the properties of the sound transmitted to an employee with the use of electronic systems are as best as possible adapted to the possibility of its perception by that employee, taking into account the acoustic conditions in the place of use of such systems. Adjusting the sound properties can be realized by influencing the frequency response of the signal, i.e. its filtering. The aim of the article is to propose solutions that could potentially be used in an electronic system of transmitting sound to an employee, enabling filtering of the signal in frequency bands. The requirements for the properties of measurement octave-wide band filters were analysed. The implementation of filters with a centre frequency ranging from 125 Hz to 8 kHz with the use of digital filters in the sound processor was carried out. The high degree of compliance of the characteristics obtained in the implemented solution with the standardized measurement characteristics indicates the suitability of the proposed solution for use in sound transmission systems to an employee.

More...

CRIMINAL LABOUR LAW-LOOK IN TIME

Author(s): Cristian Dumitrescu / Language(s): English Issue: 1 (54)/2022

The Criminal Labour law appeared and developed in states with a traditionalsensitivity to health and labour security problems (France, Italy, Belgium) due to increasingimportance of the social and human relations which affects the working system. The lack ofefficiency in the labour law regulations led to penal sentence application. The relativeinefficiency of the civil and disciplinary sentences was noticed during time, when the labourlaw regulations became more ample, and the penal sentences were applied more often. Inorder to make a correct analyses of the consequences of the penal law, the doctrine took intodiscussion the possibility of the existence of criminal labour law.

More...

Aspecte privind obligația de fidelitate a salariaților

Author(s): Raluca Dimitriu / Language(s): Romanian Issue: 3/2019

The paper includes a series of assessments regarding the current regulation of the fidelity obligation, with special regard to its component consisting of the non-competition obligation. The analysis starts from the finding that, among the disciplinary violations, the breach of the fidelity obligation presents some peculiarities, which are not sufficiently reflected in the current Romanian labor law. The reality is that identifying such an infringement is difficult, and then even more difficult is the sanctioning of the employee and, even more, obtaining compensation. The law makes no distinction between employees with executive functions and those with management positions, or between employees in the commercial sphere and those in state institutions or in the non-profit sector. Employees in the probationary period do not enjoy any nuance of the fidelity obligation and no differentiations between full-time and part-time employees are foreseen. The whistleblowers are the only exceptions, although not by a general law, which would cover all employees, but only by special rules that target civil servants and budget employees. As a result, some de lege ferenda proposals are formulated in order to introduce distinctions and nuances within the present regulation.

More...

Lucrătorul, dincolo de contractul de muncă

Author(s): Raluca Dimitriu / Language(s): Romanian Issue: 1/2021

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.

More...

Intermedierea muncii prin platformele digitale. Privire specială asupra transportului urban

Author(s): Alexandru Țiclea / Language(s): Romanian Issue: 4/2021

A new (flexible) form of work is rapidly emerging in some European countries, as well as in our country. It is about the activity provided through digital platforms. Given that the start was given by the launch of the Uber application (in the US in 2010), the term uberization was invented, a term that designates a new economic model. This implies a triangular relationship in which the digital platform, the beneficiary of the intermediate service, the service provider are involved. The digital platform is a way of contracting through which legal or natural persons access other people (workers or organizations) in order to perform tasks or services in exchange for a price. Special attention has been paid in case law and legislation to alternative urban transport. The Court of Justice of the European Union (Grand Chamber), in its judgment of 20 December 2017 in Case C-434/15, ruled that European rules relevant to such a case must be interpreted as meaning that an alternative transport brokerage service using an application for Smartphones must be qualified as a „transport service” and not one of „online commerce services”. The Romanian legislator, considering the rulings of the European Court, adopted the O.U.G. no. 49/2019 on alternative transport activities with car and driver, normative act analyzed in this study.

More...

Flexible forms of work and work engagement

Author(s): Sladjana Gligorić M,Sanja Škorić / Language(s): English Issue: 4/2021

Global trends in the working world clearly show the changes in the character of labor relations with a significant representation of flexible forms of work. It is an atypical form of work organization that arises as a consequence of strong globalization flows, economic crisis, information and technological revolution, and which stands against the labor law standard of a classical employment, being represented in the form of the employment contract for an indefinite period of time with full time employment. Starting from the concept of flexicurity as the dominant concept in the EU, flexicurity seeks to establish a balance between flexibility in the organization of work in order to preserve stability. Through the flexible organization of work and working hours, there establishes a kind of balance between working hours, the rest time and time for socialization and social activity. However, on the other hand, a flexible organization of work can reduce the rights of the employees and workers outside the employment relationship, especially if this form of work is abused in practice by the contracts concluded contrary to their essence or legal norm. The authors use the historical, comparative- legal and sociological method, as well as the statistical data in the analysis of research subjects with the aim of providing the concrete proposals for the improvement of the existing normative framework.

More...

The employment of the minors in the context of exercising the child’s right to work

Author(s): Milena Banić,MIloš Filić / Language(s): English Issue: 4/2021

Exercising the child’s right to work requires a good legislative framework for labour relations and a set of conditions prescribed to ensure that the minors work in a way that does not harm their safety, health, physical, mental and moral development and does not interfere with their education. The aim of this paper is to consider both the international and national standards regulating the children’s work and challenges in their application in practice. It also points out the necessary actions aimed at improving the position of the minors in the labour law environment. A special attention is paid to the issues related to the prohibition of discrimination against children in the field of work, the consent for employment including the regulation of the minimum age for employment and protection at work. The paper focuses in particular on the issue of the implementation of labour legislation in practice of Republic of Serbia, especially in the context of the efficiency of control mechanisms and the results of inspections conducted in 2019 by the Labour Inspectorate of the Ministry of Labour, Employment, Veteran and Social Affairs, which revealed a series of violations of the child’s right to work. In this paper, in order to grasp an insight into this issue, there have been used the historical comparative-legal and theoretical-analytical methods. The research findings indicate that the national labour legislation regulating the minors` work is harmonised with the international standards to a significant extent, but there is a room for their improvement. It is also necessary to improve the mechanisms of inspection and the efficiency of the application of legislative provisions in practice.

More...

Социјално осигурање грађана у Европској унији и у Србији

Author(s): Marijana Dukić Mijatović,Željko Vojinović,Aleksandra Lukić / Language(s): Serbian Issue: 61-62/2017

Social risks, as a part of the social environment with a negative impact, can have a great influence not only on satisfying the needs of individuals but also on the level of the whole society. Taking above-mentioned into consideration, one of the major tasks of social politics is to ensure the channelling of those risks through the system of social insurance. Bearing in mind that social risks represent the inevitable phenomenon in every country, the main task of this research paper is to show and explain the nature of social risks appearing in the European Union and Serbia, and also the way in which Serbia and certain EU countries prevent and resolve these risks through the policy of social insurance.

More...

Мобинг - појавни облици и мере заштите

Author(s): Dragan Čović,Ana Čović / Language(s): Serbian Issue: 58/2016

This paper is about the causes of mobbing, the conditions in which mobbing occurs, the consequences of mobbing on the bodily and mental health of employees, how to prevent mobbing, national mechanisms for the protection and the response to this ubiquitous phenomenon. It examines the existing legislation of the Republic of Serbia in this field with emphasis on jurisprudence and possible improvement of existing legislation. Whether the recognition of mobbing as a phenomenon that requires legal regulation and raising awareness of the population is enough for its elimination from everyday life or it is just the first step in a complex process to protect workers and their rights.

More...