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Documentația muncii maritime-amendament privind durata ambarcării marinarilor

Author(s): Olivier Lebrun / Language(s): Romanian Issue: 01/2023

The COVID-19 pandemic has greatly restricted crew changes and has led to Long periods of shipboard service in many cases. The Maritime Labour Convention is unclear on this matter and could be improved to ensure a tight control on cases where the maximum duration of shipboard service periods may go beyond eleven months. A proposal for amendment was discussed at the International Labour Office in May 2022. lt has not been adopted but remains a relevant plea to take action.

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Rabigán fél évezreden át: a roma rabszolgaság vizsgálata Havasalföldön és Moldvában jogtörténeti szempontból

Author(s): Bence Zsolt Kovács / Language(s): Hungarian Issue: 1/2024

The Romani community experienced a unique and overlooked chapter in world history through their enslavement in the two Romanian principalities, a status that persisted from their arrival until the mid-19th century. This phenomenon is currently unknown to the larger Romanian society as well as the majority of the descendants of the liberated Romanis. The article presents a comprehensive legal-historical examination of this nearly 500-year period of enslavement, exploring the theories surrounding the emergence of this legal institution, the various criteria used to classify the Romanis, the norms that governed their enslavement, their legal status, and their eventual legal emancipation at the dawn of the modern era.

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A család és anyaság védelmének munkajogi és társadalombiztosítási eszközei a 2019/1158. irányelv harmonizációjának tükrében

Author(s): Magdolna Vallasek / Language(s): Hungarian Issue: 1/2024

The transposition of the provisions of Directive 2019/1158 on work–life balance for parents and carers intonational law was completed in the last months of 2022 in Romania, Hungary, and other EU countries. The implementation of the transposition has resulted in new labour law and social security provisions that are inevitable for the protection of women and families through labour law and social security in struments. These new or partly renewed provisions are of particular importance in determining the direction of development of labour law, which is constantly changing in line with social and economic changes. The aim of our study is to examine the changes that the implementation process has brought about in Romanian labour law and the extent to which the legislative changes contribute to the possibility of achieving a work–life balance.

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Women in the Military Negotiating Work and Family Conflicts While Reproducing Gender Inequality

Author(s): Chelli Plummer / Language(s): English Issue: 2/2023

Through a qualitative study of military women who are mothers, this article examines decision-making processes mothers undergo while negotiating the competing devotions of work and family. Subjective experience and the women’s individual life worlds are often overlooked in research on juggling work and family. The military and family are competing institutions (Segal 1986) and consequently, women confront contradictory expectations of the roles they play. This article addresses the following questions: What is the lived experience of the women interviewed in this study as mothers and soldiers? How do they negotiate the competing demands of work and family, and how do they justify not meeting the demands when compromise is necessary? These questions are important as this segment of the population is both growing and ignored. Research on women in the military as mothers is virtually nonexistent. The limited literature that does exist focuses on gender discrimination (Harris 2009) and ignores mothers all together.

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THE DIGITALISATION AND THE EMPLOYMENT RELATIONSHIP

Author(s): Dana Volosevici / Language(s): English Issue: 18/2022

This paper is a review of some possible consequences that digitization has on the employment relationship. Thus, were considered the need to clarify the division of responsibilities between man and technology, the importance of training and professional conversion and aspects related to the redefinition of performance assessment and responsibility, in cases where there is a significant involvement of technology in the execution of job duties. Platform work was also considered.

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Socijalni damping

Author(s): Ana Ostrovidov Jakšić / Language(s): Croatian Issue: 1-2/2024

The paper analyses social dumping. For the last couple of years this term has been increasingly used in public discourse in the context of possible competitive advantage within EU due to low wages and low levels of social security of certain groups of workers. This paper analyses the main characteristics, causes, classification and possible consequences of social dumping. The analysis is based on the existing empirical findings and assumptions of many authors and thus attempts to create a general understanding of social dumping. A single and generally accepted definition of social dumping does not exist, nor is there any prospect of defining such a complex term. In accordance with this and since it is clear that exact measurement of social dumping is not possible, this paper aims to summarize the current knowledge and scientific findings on social dumping and, based on this, to propose a general framework for monitoring the workforce for which is more likely to work in conditions of social dumping.

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THE PARENTAL ACCOMMODATION LEAVE AND BENEFIT IN ROMANIA, IN THE LIGHT OF THE EUROPEAN UNION SOCIAL SECURITY COORDINATION FRAMEWORK

Author(s): Daniela PANC / Language(s): English Issue: 20/2023

The current paper analyses whether the parental accommodation leave and benefit regulated in the Romanian legislation qualifies as social security benefit, specifically a family benefit, under EU law, meeting the criteria set out in the Court of Justice of the European Union relevant case-law.

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DISCRIMINATION IN THE WORKPLACE - AN ANALYSIS OF THE CASE LAW OF THE ROMANIAN NATIONAL COUNCIL FOR COMBATING DISCRIMINATION ON WRONGFUL TERMINATION OF THE INDIVIDUAL EMPLOYMENT CONTRACT

Author(s): Dana Volosevici / Language(s): English Issue: 20/2023

Discrimination in the workplace takes the form of a variety of behaviours, which could come from colleagues, subordinates and superiors. The acts are all the more serious in cases where the employer, taking advantage of the inequality of the parties in the legal employment relationship, distorts the provisions of the Labour Code, using them to create a situation affecting the employee's rights or an intimidating, hostile, degrading or offensive environment, in order to force the employee to terminate the employment relationship. This article presents the case law of the Romanian National Council for Combating Discrimination in the field of access to employment and profession, presenting some relevant cases of discrimination perpetrated by abusive application of the legal provisions on dismissal for reasons unrelated to the person of the employee, disciplinary dismissal, reinstatement of the unlawfully dismissed employee and termination of the employment contract at the initiative of the employee.

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FAILURE TO TAKE PROTECTION MEASURES AT WORK-RISKS AND CRIMINAL LIABILITY

Author(s): Dragana Lazić,Snežana MAKSIMOVIĆ / Language(s): English Issue: 22/2024

The article deals with the problem of safety and health at work, the assessment of the risks involved in the realization of a fundamental human right (the right to work) in the territory of the Republic of Serbia, as well as determining the responsibility of those involved in work processes.

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Charakter prawny rady społecznej w samodzielnym publicznym zakładzie opieki zdrowotnej

Author(s): Michał Gornowicz / Language(s): Polish Issue: 20/2024

The basis of the conducted research is a desire to determine the legal character of social councils in independent public health care institutions, which will consequently make it possible to formulate de lege ferenda postulates improving and strengthening the exercised control over the indicated medical institutions. De lege lata, the current manner of legal shaping of social councils makes it a facade, deprived of any authority enabling effective implementation of statutory objectives accompanying their establishment within the broadly understood social control of independent public healthcare institutions. The aim of this publication is to determine their position and the importance of social councils. As a research thesis, it was assumed that the competences granted to the social councils do not favour the realisation of the statutory objective of ensuring effective social supervision over the activities of independent public social care institutions. The research thesis formulated requires answers to several intermediate questions. One is to confirm the legal nature of the social councils assumed above. Another aim of the article is to indicate the scope of competence and the effectiveness of the influence of social councils on the activities of the director of an independent public health care institution. The realization of the indicated research objective will take place on the basis of the dogmatic-legal method consisting in the analysis of the previous doctrinal and judicial jurisprudence, which will consequently allow for the assessment of the scale of the usefulness of the social councils in the current activity of the health care entity. The research carried out leads to the conclusion that the shape of the current provisions regulating the functioning of social councils does not fulfil the original intention of the legislator - i.e. to ensure effective social supervision over the activities of independent public health care institutions. In view of the above, the repeal of the provisions on social councils should be submitted for consideration, with the simultaneous tightening of the provisions on the discipline of public finances in terms of the proper spending of funds in the operation of public health care institutions. An alternative to the presented solution to the problem may be a change in the provisions consisting in replacing social councils with control and supervisory bodies, e.g. audit commissions, which would comprise specialised members duly prepared for the powers exercised, and which would have a binding and not an opinion character. Thus, the control exercised over a particular healthcare entity would be of a real and not fictitious nature, while at the same time improving the decision-making process within the healthcare entity.

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Проблемні питання запровадження і здійснення заходів правового режиму воєнного стану, які впливають на адміністративно-правовий статус громадян

Author(s): Oleksandr І. Korentsov / Language(s): Ukrainian Issue: 166/2024

The relevance of the topic is determined by the insufficient study of the issue concerning the protection of citizens’ rights and freedoms under martial law. The article provides a systematic analysis of the provisions of the Law of Ukraine No. 389-VIII " On the Legal Regime of Martial Law" (hereinafter – Law No. 389-VIII), particularly focusing on the measures under the legal regime of martial law that directly impact the administrative and legal status of citizens during the period of martial law and It examines the application of these measures in the context of their compliance with the norms of the Constitution of Ukraine and international legal instruments ratified by Ukraine, which establish fundamental human and civil rights. The aim of the article is to analyze the impact of legal measures under martial law on the administrative and legal status of citizens during the period of martial law, in the context of their compliance with the norms of the Constitution of Ukraine and international legal instruments. The article explores the factors and conditions that, under the martial law regime, affect citizens; rights and obligations. It is noted that when introducing and implementing martial law measures, it is necessary to take into account not only their presence in the law, but also the ways of their application, and the author concludes that if the introduction and implementation of martial law measures violate or potentially violate fundamental human rights and freedoms, which, according to the Constitution of Ukraine (Article 64, Part 2) and international legal acts, cannot be restricted under any circumstances, then such measures should not be applied. The validity of this conclusion is supported by the fact that most of the measures under the legal regime of martial law, which restrict citizens; rights and may be implemented according to Law No. 389-VIII, have not been applied in Ukraine during the period of martial law. The article emphasizes that Law No. 389-VIII requires substantial amendments, particularly regarding the grounds for its implementation and the introduction of most martial law measures that restrict citizens; rights or impose new obligations on them, which should be excluded from the law, since they cannot be applied without violating the rights and freedoms of a person who, for one reason or another, refuses to comply with them, i.e. they can be implemented only with the consent of the person whose rights are restricted, which is consistent with the provisions of Article 22 of Law No. 389-VIII, according to Part 1 of which "the introduction of martial law cannot serve as a basis for the use of torture, cruel, or degrading treatment or punishment". The study employs both specialized and general scientific methods of inquiry, including the dialectical, historical, formal-logical, systemic analysis, and dogmatic methods.

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DAO-Based Society-In-The-Loop Model: Redesigning Society-In-The-Loop Framework to Concrete Social Dialogue Key Measurement for Platform Workers

Author(s): Tanel Kerikmäe,Şaban İbrahim Göksal,Archil Chochia / Language(s): English Issue: 166/2024

The advancements in Information Communication Technologies (ICT) have caused widespread adoption of immersive technologies throughout society. Among these, artificial intelligence (AI) is the most popular, increasingly integrated into various business practices. The capacity of this technology to process large volumes of data has made it indispensable for businesses, driving efficiency and innovation across sectors. Despite the benefits of these technologies, AI technology often compromises employee rights due to biased automated decision-making and pervasive monitoring processes. In response, the European Commission took a decisive step to protect platform workers with its proposal for the Directive on Improving Working Conditions in Platform Work (2021/0414 COD). This directive aims to ensure fairness, transparency, and accountability within digital labour platforms by introducing four crucial measures designed to counteract biased decision-making and intrusive monitoring in its algorithmic management chapter. However, one of these measures "social dialogue" remains abstract. This paper proposes a blockchain-based AI feedback loop model: DAO-based Society-In-The-Loop (DAO-SITL) Model to concrete this key measurement by redesigning the Society-In-The-Loop (SITL) framework through Decentralized Autonomous Organizations (DAO) governance approach.

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THE RIGHT TO DISCONNECT

Author(s): Izabella BOKOR-SZŐCS / Language(s): English Issue: 29/2023

The right to disconnect is an increasingly urgent issue in the context of labor law and human resources because in the digital age, connectivity often has negative effects on the mental health of employees. The phenomenon is not new, but in the 1990s, what started naively with an urgent telephone conversation once a week between the employer and the employee outside working hours quickly progressed into dozens of e-mails or conversations on WhatsApp groups between the company's employees, the pursuit of which is of course not a contractual obligation, but rather an expectation from the employer. This paper is focusing on the existing legal framework on the European Union level, Romania, and other member state,s and the directive proposal regarding the right to disconnect.

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INSTITUCIONALNA SOCIJALNA ZAŠTITA PORODICA NESTALIH OSOBA

Author(s): Nijaz Karić,Mahir Huremović / Language(s): Bosnian Issue: 16/2024

The aim of this research was to examine the institutional social protection of families of missing persons in the area of Tuzla Canton. The research method, content analysis, comparative method, and statistical method were applied, and the instrument was a questionnaire. The research sample consisted of 80 respondents who were heads of households from families of missing persons who have a permanent place of residence in the Tuzla Canton. The research results show that the psycho-social consequences of war and the loss of a family member, trauma, slowness and poor results in searching for missing family members, unemployment, and social exclusion are the most common social problems and psycho-social risks faced by the family members of the missing. The largest number of family members of the missing have the right to family disability benefits and the right to health care. In addition to monetary income, more than two-thirds of the family members of the missing receive counseling assistance from the Center for Social Work. The existing monetary income for one fifth of the family members of the missing is not sufficient to meet basic social needs. In professional social work with the families of the missing, methodical procedures and services of social and other professional work, such as: home visits, information, empowerment, representation, and especially mediation and psychosocial assistance, are absent or rarely used. Based on the results, it can be concluded that the existing institutional social protection is not sufficiently developed to solve the social needs of the majority of families of missing persons more permanently. The improvement of the overall social position can be improved by better cooperation of social protection institutions with non-governmental organizations, by increasing monetary benefits and by implementing programs of employment and psycho-social assistance and programs of social inclusion and empowerment of family members of the missing.

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The Response of Labour Law to COVID-19 Related Dismissal in South Africa

Author(s): Sandisiwe Mntwelizwe,Paul S. Masumbe / Language(s): English Issue: 3/2024

The outbreak of the COVID-19 pandemic in 2020 imposed sudden and severe hardship on several businesses. It not only resulted in fatalities, but it also caused significant numbers of job losses. As a result of the COVID-19 outbreak employees in the workplace had to adapt to the new normal and certain constitutional rights were limited. Many employees were retrenched, and as a result, these COVID-19 retrenchments were not procedurally or substantively fair. The post COVID-19 period has highlighted that much work needs to be done to reform our existing labour laws. During pandemics, current labour regulations do not help. As a result, the question arises as to how far the Labour Relations Act 66 of 1995 protects employees in the workplace in times of public health emergencies. This article will look at how labour laws responded to COVID-19 retrenchments. It will also go over the forms of dismissal and important judicial decisions handed down during the COVID-19 period that support the idea that retrenchments made during the COVID-19 period were unfair. Thus, the authors will examine how to maintain the promotion of justice in the workplace and provide a discussion of law reform ideas that can be used to address the employment law-related flaws of the COVID-19 period will be presented in order to avoid the same challenges during pandemic periods that the country may face in future.

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DIREKTIVA (EU) 2023/2668 EUROPSKOG PARLAMENTA I VIJEĆA O IZMJENI DIREKTIVE 2009/148/EZ O ZAŠTITI RADNIKA OD RIZIKA POVEZANIH S IZLAGANJEM AZBESTU NA RADU

Author(s): Marinko Učur / Language(s): Croatian Issue: 29/2024

On November 22, 2023, the European Parliament and the Council of the European Union (hereinafter: EU) adopted Directive (EU) 2023/2668 amending Directive 2009/148/EC on the protection of workers from the risks associated with exposure to asbestos at work (hereinafter: Directive (EU ) 2023/2668). It is a new content related to the protection of workers from the risks associated with exposure to asbestos at work, established in a special procedure prescribed by the Treaty on the Functioning of the European Union, which, together with other designations, constitutes objective nomotechnical assumptions for the drafting of regulations, in general and emphasized in the EU. This paper describes: the reasons for amending Directive 2009/48/EC on the protection of workers from the risks associated with exposure to asbestos at work (further: Directive 2009/48/EC); the content of basic issues and relationships in Directive (EU) 2023/2668), and in particular on the consistent protection of workers' health in the application of the minimum requirements established in the aforementioned Directive and the obligations of member states and employers in activities that represent the realization of their business activities, as well as of other subjects.

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The Protection of the Rights of Employees amid Business Transfers: A South African Perspective

Author(s): Daisy Van Rensburg,Kola O. Odeku / Language(s): English Issue: 4/2024

In South Africa, section 197 of the Labour Relations Act 66 of 1995 (LRA) plays a crucial role in safeguarding the rights of employees during business transfers. This provision aims to ensure job security and protect the terms and conditions of employment for employees affected by such transfers. Section 197 imposes an obligation on the new employer to retain the existing employees’ contracts of employment, preserving their rights and benefits. It mandates that the new employer step into the shoes of the previous employer concerning all employment-related matters. The intricacies of Section 197 extend to various aspects, including continuity of service, preservation of benefits, and protection against unfair dismissal. Employees are shielded from arbitrary termination or detrimental changes to their working conditions due to a transfer of business ownership. Despite its protective intent, challenges arise in interpreting and applying section 197. Issues such as defining a ‘transfer,’ determining who qualifies as an employee covered by the provision, and addressing disputes over compliance can complicate its implementation. Section 197 of the LRA serves as a vital mechanism for upholding employee rights in the context of business transfers. Understanding its nuances is essential for both employers and employees to navigate these transitions while ensuring fairness and adherence to legal requirements.

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EUROPEAN ROMANIA TRIP IN THE 17 YEARS OF INTEGRATION

Author(s): Cristian Popa,Veronica Mihalache / Language(s): English Issue: 4/2024

This paper highlights a synthetic balance of the 17 years of European Romania, a period in which, we believe, Romania has learned to be one of the most active promoters of the continuation and deepening of the integration process in the great European family. From this perspective, we aim to highlight brief empirical observations on some of the most relevant dimensions (political, economic, social and security) that define this integration process. At the same time, the reference year marks a temporal “boundary” that, on the one hand, delimits pre- and post-pandemic Europe and, on the other hand, makes it a witness to a military conflict that is unacceptable and incomprehensible in this century. There are two new challenges that "test" the capacity for adaptation and European decision-making, but, above all, unity on the future of the community. We appreciate that the “Much more together” scenario - promoted by Jean Claude Juncker, in 2017, shows us that the commitments to the established political, economic, military and security priorities can only be achieved through complementarity and further deepening the accession process. So, we need a more united, stronger and more cooperative community, especially in the current context of insecurity on its eastern border.

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Distincția dintre vârstă și vechime în muncă/în serviciu, vechime în funcție/specialitate, vechime la același angajator, din perspectiva instituției discriminării

Author(s): Elena Daniela Oprescu / Language(s): Romanian Issue: 01/2025

Establishing rights in employment relationships based on age is not allowed, as it constitutesindirect discrimination.In matters of discrimination, it is important to distinguish the criterion of age from concepts suchas length of service, time in service, time in a position/specialization, or time with the same employer.These notions may be considered synonymous with age, given the important role age plays in theirscope. However, their use in determining rights for employees does not lead to age-baseddiscrimination.For example, the CJEU has established that professional experience or loyalty to an employerare not inextricably or determinately linked to age, and it cannot be concluded that any difference intreatment based on loyalty or professional experience constitutes age discrimination. Additionally, ithas ruled that granting annual salary increases (seniority bonuses) is legal, as these serve to rewardthe worker’s loyalty and experience, representing a legitimate aim of wage policy. The Court notedthat, generally, the use of the length of service criterion for awarding salary increases can be accepted,as seniority corresponds to professional experience.Both national and European law have aimed to preserve traditional age-based institutionsexisting in the labor market, such as: pay based on length of service, recruitment based on professionalexperience or seniority in a specific field, and the selection of candidates in competitions based onexperience in the profession.

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Dualizm odpowiedzialności przewoźników w przewozach kabotażowych

Author(s): Marek Białkowski / Language(s): Polish Issue: 50 (4)/2024

The subject of this article is an attempt to present the problem of proper performance of an international contract of carriage of goods by cabotage on the basis of regulations common to all Member States of the European Union which are parties to the Convention on the Contract for the International Carriage of Goods by Road (CMR), but which do not operate as a European entity. However, the subject of the study itself oscillates around a number of legal aspects that relate to the operation of freight cabotage and the liability that this entails. The issues of performance of an international cabotage contract are so crucial, that they may involve duel liability for many hauliers. On the one hand, it is civil liability for not performing the transport contract on time and, on the other hand, it may give rise to liability for committing offences during its execution. Interestingly, the answer to the question of who is responsible for committing them is not clear. There is no doubt that the consequences of failure to perform the transport contract on time are borne by the carrier, however, the responsibility for the traffic offences committed lies with the driver (employed by the carrier), who performs it on the orders of his employer. In extreme cases, this liability may be imposed only on the carrier, who is at the same time the owner of the transport company, as well as the driver performing the transport service, which in Polish conditions is not an uncommon case. The basis for this duality of liability of a transport undertaking performing cabotage transport is provided for both in the national law with regard to foreign hauliers and in international law with regard to national hauliers performing cabotage transport outside their home coutnry. For the most part, however, it is the case that the administrative and police authorities of European countries impose various types of penalties, making it very difficult to provide this type of service within the European Union. The present study aims at indicating only certain aspects of the interpretation of EU rules in the context of national rules, aimed at avoiding liability for drivers when performing cabotage services within the European transport space.

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