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The article is aimed at presenting the linkage and interrelation between the rule of law and the artificial intelligence in some critical aspects as the autonomy of the AI systems, the quality of the data, the lack of transparency, as well the problem for protection of human rights and fundamental freedoms in the time of COVID-19 pandemic.
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The article deals with the labor-law related issues of the newly regulated “dual education system” in Bulgaria. This system is a specific combination of practical training in a company and lessons at a vocational school (mostly known in Germany and Austria). The study addresses the recent amendments to the Professional Training and Education Act and to the Labour Code (respectively, to the relevant secondary legislation), implementing the dual education system. The practical problems of the implementation of the discussed model are critically analysed in the article. As a result, some improvements of the regulation are proposed.
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The article is a follow-up to the article “Practical issues related to the postponement of use of the annual paid leave and the void by prescription of the entitlement to use it by lapse of time, as well as postponement of use of other types of paid leaves”, published in the Contemporary Law Journal, issue No. 6 of 2014. The present study focuses on the recent amendments to the legal regime of using and postponing paid annual leave, as promulgated in the State Gazette No. 54 of 17 July 2015.
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The application of double taxation treaties presupposes that the potential cases of dual residence have been previously resolved. For this purpose, the major model-conventions on the basis of which double taxation treaties around the globe are negotiated contain the so-called tie-breaker rule. In the wake of the recent revision of the international tax system resulting from the OECD’s Base Erosion and Profit Shifting Action Plan, the existing tie-breaker rule for companies has been thoroughly amended. Instead of determining companies’ residence based on the place of the effective management criterion, the new approach stipulates that such cases will be decided through the application of the Mutual Agreement Procedure, between the competent authorities of the relevant contracting states. After outlining the historical development of the said mechanism in the context of dual residence resolution, this article purports to critically assess its desirability, with a special focus on its implementation in Serbia.
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The report examines in general term the thematic of the liability in Labour law in case of incidents, connected to the use of artificial intellect. The examination analyses the traditional labour-law institute liability, but in its contemporary light connected to the possibility of responsibility in case of incidents on the workplace, in context of the challenges, generated through the incorporation of automated systems in the working process. The accent is on the regulatory norms and principles, laid down in the frame of European documents, outlining the tendencies in the development of the institute. Based on the analysis are made conclusions and marked tendencies of the development of the institute in the new conditions of digital revolution.
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The independent existence of different regimes of final deprivation of property, gained through an offence or other illegal activity, puts up the question about the legal nature of these measures. Defending the concept of the punitive nature of deprivation of the proceeds of crime requires to be studied the accompanying its imposition fundamental guarantees. The burden of this article is to put the focus of attention on a certain number of decisions of the ECHR, which show good base for analyzing whether the different procedures of deprivation of proceeds of crime can be reconciled with the fundamental legal principles and human rights.
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From a juridical point of view, virtual legal reality consists of events, conditions and specialized legal mechanisms by which law exists and functions in the virtual space. These are the ideal parts of the legal system such as normative legal structures and legal procedures, integrated regulatory and organizational formations and related phenomena such electronic records, legal documents and other legal phenomena. From a technological point of view, virtual legal reality includes interconnected and interoperable information systems and technologies, databases, tools for sharing and authentication of electronic communications technologies for identification. In order to be recognized by the law, all of them are created by legal means and function to provide legal validity of the actions of legal subjects in the virtual space.
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The article is devoted to the study of the subject of settlement of the collective labor agreement, in the opinion of a provision of Art. 50 Labour Code. In the article draws conclusions and recommendations, substantiated by case law, regarding the necessary changes in the labour legislation to specify the included in the subject of regulation of the collective labor agreement and other relations besides the labour and insurance ones. The limits of regulation of the collective labor agreement are outlined and a recommendation is made for normative establishment of the principle of favorableness of the collective labor agreements in force in relation to one legal relationship at different levels.
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The exposition focuses on one of the basic elements of social security law, namely, social assistance. It is connected with the regulation of relationships in the provision of aids and services (material and factual reliefs) for ensuring a decent life for those people who cannot ensure them either on their own or with the help of their relatives. An analysis is made of the historical roots and contemporary functions of social assistance – the protective function and the stimulating one. Matters related to the content of social assistance are discussed, and, on the basis thereof, its legal characteristics are presented. Recommendations are given regarding the scientific research in this field and the utmost need for the examination of social assistance.
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The exposition analyzes the existing legal possibilities and the procedure for determining and reporting the working time in remote work. On the grounds of the understanding of working time as a generally established measure of work performed and an obligation under the employment relationship, and the specificity of the organization of work through information technology, conclusions are made regarding the required restrictions on the employer’s rights to extend the working time and the worker’s or employee’s obligation to be available and to work while the employer is in a communication connection. Along with the advantages of this form of organization – flexibility of working time and an opportunity for combining work with other activities – attention is also drawn to the unfavourable effects upon the right to advance determination of working time duration and awareness of changes in the working time regime, as well as upon the right to rest and the need for recognition of the right to breaking away from the work process.
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The article summarises the development of the legal regulation of the health insured persons’ access to hospital care. The analysis addresses the extension of the health insurance coverage and of the statutory provisions on the wage funds in the medical institutions for hospital care, which are companies. It is argued that the additional quarterly financial remuneration, which people working in these medical institutions receive, is not permanent in nature and is therefore not included in the amount of the average daily gross wage, which serves as the basis for calculating the compensation under Art. 177 of the Labor Code. The aims of the article are to clarify the nature of the discussed bonus in aid of employment negotiations, as well as to justify the lawfullness of the acts of employers in the hospital healthcare sector, when allotting the wages funds of their companies, regardless of the reasoning to certain court decisions.
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CURRENTLY, A SERIES OF SPECIAL INDIVIDUAL EMPLOYMENT CONTRACTS, WHICH ENJOY BOTH DOMESTIC AND INTERNATIONAL REGULATIONS, ARE BEING MENTIONED IN THE LEGAL DOCTRINE. IN THE PAST, THESE SPECIAL EMPLOYMENT CONTRACTS WERE NOT GIVEN MORE ATTENTION, BUT THE DIVERSIFICATION OF LABOR RELATIONS AND THE POLITICAL, SOCIOLOGICAL, IDEOLOGICAL CHANGES FACING TODAY'S SOCIETY, DETERMINED THE ROMANIAN LEGISLATOR TO BEND MORE TO THEM. IT SHOULD NOT BE NEGLECTED THAT THE CURRENT PROVISIONS OF THE ROMANIAN LABOR CODE ARE AT LEAST PARTIALLY IN LINE WITH REGULATIONS FROM OTHER EUROPEAN COUNTRIES AND, AT THE SAME TIME, THE COMPETENT INSTITUTIONS IN THE FIELD ARE REQUIRED TO MAKE EVERY EFFORT TO HARMONIZE THE LEGISLATION IN OUR COUNTRY WITH EUROPEAN UNION LEGISLATION. IN ORDER TO LEGALLY STRENGTHEN THESE INDIVIDUAL EMPLOYMENT CONTRACTS, THE ROMANIAN LEGISLATOR IMPOSED THAT THE WRITTEN FORM BE IMPERATIVE FOR THEIR VALID CONCLUSION.
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The specifics of the employment contract of a employee, on whom a restraining measure detaining in custody is imposed, are due to the special subject of this contact. When an employee has been remanded in custody, employers have often wrongly terminated their employment pursuant to Article 330, paragraph 1 of the Labour Code, and Article 330, paragraph 2, itеm 1 of the Labour Code. These grounds can not apply in the discussed case. According to the established court practice,,an employee can not be dismissed for disciplinary reasons, if the only reason for this is their failure to appear at work due to their detention, as it is not their fault. If neither a mutual agreement to terminate the contract of employment has been achieved, nor the employee has taken a paid or unpaid leave, it would be appropriate to terminate the employment contract by reason of objective impossibility to implement it. In this case, the employer is protected from the adverse effects of the termination of their employment by the provisions of the Labour Code, the Civil Code and the State and Municipalities Responsibility for Damage.
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The study aims to reveal the reasons that may trigger the adjustments of some employees for misuse of their labour rights. The issue has rarely been subject of research in the legal theory. The article, therefore, makes an attempt to definr the concept of „misuse of rights“ as a violation of the principle of bona fides in the exercising of labour rights and obligations. The analysis focuses also on some practical examples of unfair actions. The difference between the culpable non-performance of labour obligations and the misuse of labour rights is examined. In conclusion, some possible measures for counteraction against such type of behavior are proposed.
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The article deals with the preservation of the status and the functions of the elected representatives of the employees under Art. 7, para. 2 and Art. 7a of the Labour Code in the event of change of employer. The analysis outlines some general aspects of the issue which are typical for the internal legislations of all EU Member States, harmonized with the provisions of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses. Some specific problems of the Bulgarian labour legislation, caused mainly by the incorrect transfer of the Directive’s provisions into the national legislation, have also been examined. De lege ferenda proposals for the elimination of these omissions have been provided.
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Every science can be regarded as a complex self-regulating mechanism, the aim of which is to develop and deepen the knowledge on the laws of nature, society and thinking. From a philosophical perspective, the system of scientific knowledge can be examined in the light of its constituent elements: notions, categories, hypotheses, concepts, theories, principles and doctrines.A profound exploration of theoretical concepts in the article became a methodological basis for treating the issues of the structural elements of the studied branch of legal science. The analysis of the structural elements of the social security law science, such as hypotheses, concepts and theories, provides an opportunity for addressing the most urgent problems, which have not yet found a solution, and which will be the object of numerous scientific discussions.
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Since its adoption, the UN Convention on Mediation has been signed by 58 states. It provides an important legal framework for resolving commercial disputes and allows for the cross-border enforcement of such agreements. The less formal, less expensive, and more confidential nature of the process makes its use even more attractive to potential parties compared to other instruments. Once a settlement agreement is reached, the Convention also enables the parties to enforce it without the need for complex recognition proceedings. Due to these characteristics, mediation can be used as an instrument for restructuring and preventing insolvency. The purpose of this paper is to highlight the advantages of using mediation in cross-border restructuring under the rules set by the UN Convention on Mediation. The authors analyze the application of mediation agreements in practice throughout each stage of the process, as well as the advantages and disadvantages of mediation and their effects on cross-border restructuring proceedings. This paper employs dogmatic, normative, comparative, and case study methods.
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The author discusses the scope of the notification obligation of trade union organisations. Thecompany-based organisations are obliged to inform the employer of the number of working mem-bers employed by the employer. In order to be able to exercise the rights set out in the Trade UnionAct, the organisation must have at least ten such members and provide the relevant information tothe employer in a timely manner. The consequence of failing to comply with this obligation is theloss of the rights to which the trade union organisation is entitled — until the obligation is fulfilled.Additional doubts as to the scope of this obligation arise in the case of inter-enterprise trade unionorganisations. According to the author, they are obliged to provide information on the total numberof working members in order to benefit from the rights granted to a trade union organisation. In thecase of a plurality of trade union organisations within one employer, it may be necessary to provideadditional information on the number of working members employed by the employer in order toadditionally obtain the attribute of representativeness. Failure to provide such more detailed infor-mation, however, does not deprive the inter-union organisation of all rights, but only those for whichthere is a requirement of representativeness.
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