Význam vzdělávání pracovníků veřejné správy a jeho odraz v právním řádu České republiky

Author(s): Soňa Skulová / Language(s): Czech Issue: 1/1999

The problems concerning jurther education of ci­vil servants bring on questions concerning reforming the public service in the Czech Republic, i. e. ques­tion the discussion of which is gaining greater and greater intensity. The questions concerning the personnel equip­ment of the public service subjects, and the questions of professional knowledge and skills of the civil servants belong to the set of questions that are dealt with by the administrative science. Professional knowledge and skills of the civil ser­vants consist of a number of aspects that can be ei­ther extended or newly acquired during the course of further education. This is the case with e.g. knowled­ge of the problems concerning our association to the EU (within the particular spheres of public servi­ce), knowledge of the problems concerning the EU, knowledge of ethical principles application, knowled­ge and skills in the spheres of management, econo­mics, computing and information technologies, abi­lities to communicate, negotiate, manage crisis in­stitutions, etc. It is obvious that the education of civil servants cannot be viewed as the one and only means that will ensure the efficiency of public service, nonetheless, it can be viewed as representing one of the funda­mental bricks in the building of public service.

Náhrada majetkové a nemajetkové újmy v agenturním zaměstnávání

Author(s): Vojtěch Jirásko / Language(s): Czech Issue: 3/2021

The article presents an analysis of the issue of compensation for pecuniary and non-pecuniary damage in temporary agency work. The individual civil law and labour law principles as well as individual relationships within the framework of temporary agency work are analyzed. Special attention is paid to the demands of individual entities and their interconnectedness. The article examines the relationships between the employment agency and the temporary agency worker, between the employment agency and the user, and lastly also the relationship between the user and the temporary agency worker. Emphasis is placed on a thorough analysis of the last-mentioned factual relationship between the user and the temporary agency worker. In this area, the concept of de lege ferenda was proposed, according to which it would be possible to consider making a special contract with the user extending his or her liabilities beyond those stipulated in a contract made between the employee and the employer (i.e. the temporary agency worker and the employment agency) Hence, the provisions of Section 309 (7) of Act No. 262/2006 Sb., the Czech Labour Code, are considered which contain the option of making an agreement between the user and the temporary agency worker concerning measures to better protect the user’s property. This provision has been provoking debate among the professional public for some time, and it is therefore necessary to answer questions that have not yet been sufficiently answered. It is crucial that the individual measures must not be less advantageous for temporarily assigned workers of the employment agency than for long-term employees. The article aims to provide a comprehensive overview of the responsibilities in temporary agency work, taking into account certain specifics that arise from this concept (temporary agency work).

Vybrané problematické okruhy agenturního zaměstnávání v poměrech české a německé právní úpravy

Author(s): Vojtěch Jirásko / Language(s): Czech Issue: 1/2022

The article analyses the pivotal parameters of temporary agency work in Act no. 262/2006 Sb. [Czech collection of laws], the Labour Code, and it follows up with the analysis of temporary agency work in German law. The feasibility of transferring some of the instruments of German labour law to our national legislation both within the meaning of de lege ferenda, and in the law interpretation and gap-filling de lege lata is thoroughly examined here. The attention is mainly paid to the issues of temporary assignment duration, employment duration or the phenomenon of employment fiction in agency relationships. The article presents reflections on further normative development in this area and it extends beyond the theoretical level as its conclusions and recommendations are supported with specific empirical research data. It intentionally provokes thoughts about the current practice and seeks to find suitable juristic solutions using legal methodology. In its conclusion, the article compares the individual values in question from the perspective of the proportionality principle and it recommends strengthening the position of temporary agency workers especially by deducing employment between a temporary agency worker and a user by legal fiction.

ОДЛУКЕ СУДА УДРУЖЕНОГ РАДА СРБИЈЕ

Author(s): / Language(s): Serbian Issue: 1-2/1990

UGOVOR O RADU NA ODREĐENO VREME U NEMAČKOM PRAVU

Author(s): Tijana Kovačević / Language(s): Serbian Issue: 2/2022

In this paper, the author analyzes the fixed-term employment contract in German law highlighting the importance of this contract in a flexible employment environment. However, making a fixed-term employment contract is considered to be an exception, thus the objective reason which justifies its use is established in German law. This indicates that a fixed-term employment contract is a desirable means for creating an employment relationship only if the conditions provided by law are met. Therefore, the conditions under which the fixed-term contract can be used, the number of renewals and the maximum length of the total duration are mentioned. Additionally, the paper presents ‘legislative history’ of the fixed-term employment contract after its conceptual definition. At the end, the author points to the prohibition of discrimination against atypical employees stating that those employees must not have any less rights compared to the rest of the employees working for the same employer, especially those with the standard employment contract.

ОДЛУКЕ СУДА УЦРУЖЕНОГ РАДА СРБИЈЕ

Author(s): / Language(s): Serbian Issue: 6/1989

ОДЛУКЕ СУДА УДРУЖЕНОГ РАДА СРБИЈЕ

Author(s): / Language(s): Serbian Issue: 5/1989

ОДРЕДБЕ О ТРГОВАЧКИМ ДРУШТВИМА У ЗАКОНУ О ПРЕДУЗЕЋИМА

Author(s): Radoje Prica / Language(s): Serbian Issue: 4/1989

The Law on Enterprises, which entered into force in January of this year, regulates also mixed enterprises, i.e. the ones operating with mixed social and private capital. These enterprises can be established in one of the forms available for companies. The study is limited to the joint- stock companies and limited liability companies. The draftsmen of the Law used as a model the provisions of the Commercial Law of the Kingdom of Yugoslavia of 1937, which never came into force, and which was made under the influence of the 1897. German Commercial Code. This entire complex matter has been reduced to only 51 articles. The defect of this legal text is not only in its incompleteness, but also in a defective remaking of certain provisions which were used as a model. The latter is caused by incomprehension and certain ideological and political stanдрoints which cannot be reconciled with the principles of company law. The criticized provisions concern the establishment and financing of the companies as well as their management structure. This ineludes provisions according to which a company may be established only after the entire nominal capital had been paid up, which is rarely known in the comparative law. The most outstanding defect among the provisions concerning the management structure is in Article 131, according to which the workers’ council is entitled to oppose the most important decisions of the meeting of shareholders and board of directors, including decisions concerning technical-technological and organizational procedures. Possible dispute which cannot be settled amiably is to be submitted to the arbitration committee constituted by the signatories of the collective labor agreement. This provision shall be especially repulsive to potential foreign investors. It is also centrary to the provisions of the Law on Foreign Investments, which proclaim that foreign persons are entitled to take part in the management of enterprises in proportion to their investment. The criticized provisions should be urgently amended, and later on the complete provisions of company law should be enacted, which would be based on the results achieved in theory and practice of the comparative law.

ОДЛУКЕ СУДА УДРУЖЕНОГ РАДА СРБИЈЕ

Author(s): Radmila Šarkić / Language(s): Serbian Issue: 4/1989

Employee’s work on the grounds of Polish Copyright Law

Author(s): Monika Szymura / Language(s): English Issue: 4/2021

Motivation: Employees’ works are crucial in practice. The validity and need for discussions on the rights of the employer to the employee’s work is justified by the increasing concern for the observance of copyright, and also for employee–employer relations. By entering into an employment relationship, both parties must be aware of their rights and obligations. Aim: This article presents the issue of copyright status of an employee’s work regulated in the Article 12 and 13 of the Act on copyright and related rights. The considerations focus on the legal relationship between the employer and the employee-author, and the issue of acquiring author’s economic rights to the work created by the employee within the employment relationship. The article is based on the analysis of legal regulations and judicial decisions. Results: Regulating rights to the work created by the employee is dependent on the will of the parties. It is only the absence of contractual terms in this respect that results in a reference to the statutory provisions, which define the rules of transferring copyright for the employee’s work to the employer. Article 12 of the Act on copyright and related rights specifies grounds for secondary acquisition of copyright by the employer. One should remember that this regulation concerns solely author’s economic rights because author’s moral rights, which due to their nature are non-transferable, remain with the author or employee

Legal Regulation of Remote Work in Slovakia and the Covid-19 Pandemic

Author(s): Martin Bulla / Language(s): English Issue: 2/2021

This paper aims to examine the development of the legal regulation of remote working arrangements in Slovak labour law and to determine the main legal issues that keep this type of work from being more widely utilised in practice. To this end, the article analyses the applicable provisions of the Slovak Labour code, as they developed throughout the years, in particular the changes implemented in connection with the Covid-19n pandemic. It also investigates other applicable sources of law, as well as case law and relevant literature. The main issues identified by the article that need to be addressed by the legislator, involve three areas: (i.) formulation of the place of work in the employment agreement, (ii.) working time and rest periods of remote workers and (iii.) the range of supervisory powers of the employer vis-à-vis remote workers. The author argues that the legislator ought to create more favourable and clear legal conditions for remote work and to enable this type of work to be performed under all contractual types recognised by Slovak labour law, not just in the (standard) employment relationship.

Social Protection of Digital Platform Workers under Norwegian Law

Author(s): Tine Eidsvaag / Language(s): English Issue: 2/2021

The main aim of this article is to investigate some encounters between the Norwegian system of economic risk-pooling for labour engaging individuals, and the emerging digital platform economy. The author argues that Norwegian labour and employment law, as well as social insurance law, may fall short in alleviating the economic strains of the typical digital platform worker in cases of loss of income. This is partly due to legal classification: Where Norwegian labour and employment law operates with two categories of labour engaging individuals: employees and non-employees, Norwegian social insurance law includes three categories: employees, freelancers, and self-employed persons. Employees are entitled to the most comprehensive and high-level coverage of income losses. The legal status of digital platform workers is basically unclear, and they may belong to each of the three categories, depending on contract terms. It is also argued that the Covid 19-pandemic has reinforced the differences between salaried, full-time, employees, and atypical workers such as digital platform workers. The compensation measures issued by the Norwegian state to cover income losses in relation to the pandemic did not meet the needs of the typical – freelance – digital platform worker to the same extent as those of undertakings and ‘traditional’ employees. The article suggests some measures to clarify the legal position and to give a better coverage for digital platform workers in cases of loss of income.

VIENODO DARBO UŽMOKESČIO PRINCIPAS UŽTIKRINANT LYGIAS MOTERŲ GALIMYBES DARBO SANTYKIUOSE

Author(s): Kristina Ambrazevičiūtė / Language(s): Lithuanian Issue: 2/2022

Although the employment gap between men and women in Lithuania is insignificant and cannot be considered a relevant social problem, the same cannot be said about their wages. Women’s wages are significantly lower than those of men. Lower wages lead to lower pensions after active participation in the labour market ends and increase the risk of poverty for women. This article analyses the legal measures enshrined in the legislation of the European Union and Lithuania aimed at reducing the wage gap between men and women and identifies problematic legal provisions.From a formal point of view, the principle of equal pay is sufficiently regulated in Lithuanian national law, and no significant problems have been identified in Lithuanian case law – which is mainly in line with the objectives and direction of legal regulation. On the other hand, despite considerable efforts that have been made in recent years to implement transparency in the wage system, there are still some unresolved issues. One of them is additional guarantees for pregnant women, those who have recently given birth, and breastfeeding mothers, which limit the opportunities for these employees to receive higher wages. The implementation of the Labour Code norm, which ensures the right of women to receive adequate wages after pregnancy, childbirth, and childcare leave, also causes legal uncertainty.

New Challenges for Trade Unions in the Face of Algorithmic Management in the Work Environment

Author(s): Paweł Nowik / Language(s): English Issue: 2/2022

Algorithmic management is the subject of numerous scientific studies. This article attempts to answer the question of what kinds of new competencies and skills should be acquired by trade unions in the face of challenges related to algorithmic management. The author indicates two main areas of trade union activities: The first concerns the challenges associated with the process of explaining and transplanting artificial intelligence. The second concerns participation in the AI certification process. Considering that artificial intelligence algorithms’certification process is an entirely new undertaking, it should be based on a pragmatic search for peaceful solutions, encourage compliance with the law and limit the possibility of stiff administrative and criminal sanctions. For this purpose, the author considers using the theory of responsive regulation as a pragmatic approach for certification agencies and trade unions. The author considers the cooperation of artificial intelligence to be the main principle. In the working environment, there should be a principle of human importance—the focus of personalism.

Legal and Factual Barriers to the Termination of Employment of a Disabled Employee in the Slovak Republic

Author(s): Marcel Dolobáč,Ivan Kundrát / Language(s): English Issue: 2/2022

In the first part of the article, the authors analyse the legislation of the Slovak Republic relating to the termination of employment of an employee with disabilities. In that regard, in the main part of the article, they point to the fundamental contradiction of the case-law and practice of public authorities in the question of defining a disabled employee as well as in the question of the authority of a public authority which creates fundamental practical barriers for the employer in the intended termination of employment with such an employee. The conclusion goes from practical problems to theoretical considerations of the justifiability of the legislation in question which aims to protect groups of disabled workers at particular risk.

Scope of Reference of Employees’ Right to Daily and Weekly Rest (A Discussion Article)

Author(s): Beata Rutkowska / Language(s): English Issue: 2/2022

The paper attempts to answer the question of whether periods of daily and weekly rest provided for in Art. 132 and 133 of the Labour Code Act of 26 June 1974 are to be accounted for with reference to the employment relationship, employer, or employee. Determinations in this respect were made by analysing various situations occurring in practice—employment of an employee with one employer on the basis of one employment relationship, simultaneous employment of an employee in several employment relationships with that employer, and parallel employment of an employee by more than one employer. This takes into account the need to ensure that the employee is afforded rest periods within strictly defined legal limits, as well as the nature of the right to daily and weekly rest and the purposes of this right.

Podnoszenie kwalifikacji zawodowych jako środek zwiększania poziomu kompetencji zawodowych członków korpusu służby cywilnej

Author(s): Antoni Dral / Language(s): Polish Issue: 2/2022

The author of the present article broadly analyzes the principles of improving professional qualifications by members of the civil service corps, including both the obligation to develop professional knowledge as well as other factors affecting the level of professional competence of corps members, such as the requirement to be qualified to hold a specific position and to serve a preparatory service. In particular, the study indicates requirements for establishing obligation to develop professional knowledge as one of the main duties of members of the civil service corps, introduces its legal nature and, separate from the principles provided for under the Labor Code, rules for its implementation through the absolute obligation of a corps member to participate in the civil service training system. The author also emphasizes the non-exhaustive nature of the regulation provided for by the Civil Service Act and points to the possibility of improving professional qualifications by members of the civil service corps, on the basis of the provisions of the Labor Code, at the initiative of the employer or with his consent.

The Legal Status of the Savings and Loan Associations in the System of Polish Legislation

Author(s): Krzysztof Baran / Language(s): English Issue: 2/2022

Aid and loan funds are a self-help institution in the work environment. The Act of 11 August 2021 on aid and loan funds regulates their status for the first time in a comprehensive manner. The article presents issues related to their organization and functioning in the Polish legal system.

Praca na własny rachunek a ochrona wynagrodzenia za pracę

Author(s): Artur Tomanek / Language(s): Polish Issue: 3/2022

The Act of 10 October 2002 of the minimum wage, as amended in 2016, has granted a right of minimum hourly wage to natural persons who carry out economic activity and employ neither employees nor mandataries. Minimum hourly wage is a subject of protection based on a concept of employees’ wage protection which is laid down in Polish Labour Code. In this text the aspects of protection laid down in the amended Act of the minimum wage are analysed, not excluding the protection against execution in the meaning of the Civil Procedure Code. In conclusion the author states that the subjective scope of above-mentioned protection goes too far taking into account that natural persons who carry out economic activity on the real market do not need a protection based on labour law concept.

Status prawny działacza związkowego wykonującego pracę zarobkową na innej podstawie niż stosunek pracy

Author(s): Krzysztof Walczak / Language(s): Polish Issue: 3/2022

As a result of the amendment to the Act on Trade Unions, people performing work based on a civil law contracts may become trade union activists. However, this raises significant questions. First of all, it is doubtful to grant compensation to person who was dismissed without the consent of the trade union in the case where the termination of contract is objectively justified. Secondly, it is doubtful to grant these people the right to remuneration while they are released from the obligation to perform work.