Remunerarea „specială” a magistraților. Un argument inedit

Author(s): Ferdinand Secoşan / Language(s): Romanian Issue: 01/2020

The issue of the service pensions of magistrates is part of the wider problem of the remuneration of this profession. The amount of service pensions and the salary level of magistrates is, at present, clearly "exceptional” in relation to the overall income level in Romania. The subject of this article is the justification of this special amount in relation to a regulatory context unexpected for most readers: that of national security. We will conclude with some references to the extent to which other fields of activity (administrative, educational, health) can base their future claims on national security Arguments.

Concediere pentru necorespundere profesională efectuată cu respectarea condițiilor de fond și de formă ale deciziei de concediere. Concediere având la bază evaluarea profesională efectută conform procedurii stabilite prin Regulamentul Intern

Author(s): Dragoș Brezeanu / Language(s): Romanian Issue: 01/2020

The article aims to analyze the dismissal for professional misconduct ordered by an employer in accordance with the conditions of substance and form provided by the Labor Code and which, following the appeal in the labour court, was found legal and well-founded.

Обезщетението при трудоустрояване поради бременност, кърмене или напреднал етап на лечение ин-витро по чл. 48 КСО

Author(s): Rayna Koycheva / Language(s): Bulgarian Issue: 3/2012

The use of women’s labor in harsh or dangerous conditions makes it necessary to provide safeguards in the legislation, in order to avoid adverse effects of working conditions on the health of the unborn or newborn child. Therefore, the Labor Code provides job reassignment of pregnant women, nursing mothers and women in an advanced stage of IVF treatment, who have a job, unsuitable for their condition. Аrticle 48 of the Social Security Code provides compensation equal to the difference in wages before and after job reassignment. The article addresses the circle of the persons concerned, the prerequisites for the right to such compensation, the amount and duration of the payment and the procedure for exercising this right.

Маловажното нарушение на трудовото законодателство след промяната на Кодекса на труда от януари 2012 г.

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 2/2012

The article deals with the current legal regulation of administrative criminal responsibility for minor administrative violations of the labour legislation (Art. 415c of the Labour Code) after the last amendments to the Labour Code adopted at the end of January 2012. A comparison between the legal regulation in force and the previous one is made. The study includes a commentary of many court decisions and emphasizes on the contents and considerations of the interpretative decision of the Supreme Administrative Court, as well as on its relevance after the adoption of the last amendment to Art. 415c of the Labour Code.

Към въпроса за максималния размер на пенсиите

Author(s): Krassimira Sredkova / Language(s): Bulgarian Issue: 6/2011

The article treats the issue of the maximum amount of pensions under Bulgarian law. The historical and comparative analysis of this issue shows various legal regulations. The idea of the article is that the provision of § 6 (1) SIC does not contradict to the Constitution, to Convention No. 37 of the International Labour Organization and to the Additional Protocol to the International Covenant for Economic, Social and Cultural Rights. This provision is in accordance with the principles of the social state, of solidarity and with the pay-as-you-go principle of the basic obligatory pension’s insurance.

Practică judiciară neunitară. Admisibilitatea căii de atac a recursului în cauze având ca obiect litigii de muncă ori drepturi de asigurări sociale soluţionate în primă instanţă de judecătorii şi în apel de tribunale

Author(s): Claudia Bodean / Language(s): Romanian Issue: 03/2020

In judicial practice, it has been found that there is no uniform view on the admissibility of a second appeal against the decision of the tribunal on first appeal, where the local court has declared itself competent to settle the case in view of the nature of the dispute to be a civil one, assessable in money, although it is, in reality, a labor dispute or a social insurance dispute, the case being resolved (in the first instance and on appeal) according to the special rules of substantive law contained in the Labor Code or, as the case may be, according to those contained in the Law no. 263/2010 on the unitary public pension system.

Общественото осигуряване се нуждае от осигуряване на стабилни и качествени закони

Author(s): Krassimira Sredkova / Language(s): Bulgarian Issue: 1/2011

Bulgarian social insurance legislation is very dynamic during the last 20 years. The lots of amendments of the social security laws do not improve the legal regulation. One of the clearest examples is the last Law on the Amendment of the Social Insurance Code, of November 2010. The law introduced some positive rules, but its negative characteristics prevail. It contains provisions which contradict to the Constitution as well as to international treaties in force for Bulgaria. Some regulations of the law are regressive; others demonstrate the retreat of the welfare state or do not correspond to the national legal traditions, etc. Unfortunately, some of the provisions are also real legal nonsense. The article focuses on these shortcomings of the law in question and gives proposals for their removing as well as for the general improvement of the Bulgarian social insurance legislation.

Прилагането на конвенциите на Международната организация на труда в практиката на Конституционния съд на Република България

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 6/2010

The Constitutional Court (CC) has had the opportunity to apply ILO Conventions in connection with the exercise of two of its constitutional powers – when ruling upon a request for the ascertainment of unconstitutionality of an Act and when ruling upon the consistency of an Act with the generally accepted norms of the international law and the international treaties to which Bulgaria is a signatory party. It is before the CC that provisions of Acts – that are either labour or social security ones by their legal nature – have been challenged as unconstitutional, and respectively, as inconsistent with the provisions of the ILO Conventions. In certain cases, the CC has applied the ILO Conventions where Acts of other nature were challenged but the specific legal provisions concerned the exercise of basic socio-economic rights (labour and social security ones). In cases of a request for declaring a legal provision unconstitutional, those filing the request often ground it not only on a conflict with a specific constitutional norm – they also draw arguments from international instruments, in this case from ILO Conventions, even though the matter in issue in the constitutional case might not involve a request for ruling upon the consistency of the challenged legal provisions with the generally accepted norms of the international law or the international treaties. The exposition follows chronologically those CC decisions which concern the application of ILO Conventions or the invocation thereof. On the grounds of the analysis, the respective legal conclusions are drawn.

SOME CONSIDERATIONS REGARDING THE TERMINATION OF THE INDIVIDUAL EMPLOYMENT CONTRACT ON THE DATE OF FULFILLMENT OF THE RETIREMENT CONDITIONS IN THE CASE OF THE EMPLOYED WOMAN

Author(s): Ion Păducel / Language(s): English Issue: XIV/2020

In this topic, an analysis of the current regulations regarding art. 56 par. (1) lit. c) the first thesis of the republished Labor Code. The analysis of this text of law took into account the amendment brought by O.U.G. no.96 / 2018 which considers the termination of the individual employment contract at the time when the employed woman has reached the standard age and the minimum contribution period according to Law no. 263/2010 on the unitary public pension system. The current amendments of art. 56 para. (1) lit. c) the first sentence of the republished Labor Code, entitles the employee to opt for, either for the opening of the right to pension and termination of the individual employment contract in progress, or for the continuation of the employment contract until reaching the legal retirement age provided for men at the same date. These changes give the possibility to grant the employee the right to opt in writing for the continuation of the legal employment relations, within 60 calendar days prior to the fulfillment of the retirement conditions (age and internship) at the age of 65.

FUNDAMENTAL LANDMARKS ON PUBLIC POLICIES IN THE FIELD OF EDUCATION

Author(s): Roxana Elena Vișan / Language(s): English Issue: 2/2020

Despre unele contracte de muncă total atipice

Author(s): Aurelia Gidro / Language(s): Romanian Issue: 1/2020

The process of flexibility in the field of labor relations, as well as the technological and scientific explosion worldwide has also had its effects in the field of forms of employment where employers are looking for solutions on how to conclude employment agreements in unconventional forms, some completely different. of the classic standard contracts. The new forms of employment have in view a less close link between the employer and the employee, a greater so-called freedom granted to the worker, but all this comes at the cost of increasing the risks of precariousness for employees. In this content we have made a brief analysis of new types of very atypical contracts, emphasizing that it would be a mistake to ignore them and not seek legal regulations that would benefit both parties.

Scurte considerații privind specificul noilor forme de angajare în muncă și influența lor asupra trăsăturilor fundamentale ale raportului juridic de muncă clasic

Author(s): Lavinia Onica-Chipea / Language(s): Romanian Issue: 1/2020

The scientific endeavor aims to briefly analyze the new forms of employment / performance of the activity by employees in close connection with the introduction of new technologies, such as: work through temporary work agent, individual contract of fixed-term work, ”tele work”, „part-time work”. The existence of these new forms of employing / rendering the activity by the employees, generates the necessity of analyzing the way in which their legal regime, derogating from the one of the standard working relationship, influences its fundamental characteristic features, such as: the character with its successive execution, the indeterminate character, the intuitu personae character, the subordination, etc. Without contesting the importance of the emergence and development of these new forms of employment / performance of the employees, obviously, in full agreement with the technical-scientific process of the company, it is necessary to emphasize the risks generated by the mitigation, respectively the removal of the fundamental features of the report of standard work, features that, somewhat circumscribe the essence of subordinate work.

A new concept in the Turkish legal system: Mobbing

Author(s): Nuray Çelik,Melike Yaman / Language(s): English Issue: 18/2020

Mobbing is a phenomenon which has existed since employment relationships were established in business life. But this issue has been taken into consideration as a legal problem only relatively recently. Thus, within the scope of our work, the definition of mobbing shall be clarified. Moreover, Turkish legislation and judicial opinion regarding mobbing will be analysed.

Dyskryminacja pracowników wypełniających obowiązki rodzicielskie

Author(s): Justyna Czerniak-Swędzioł / Language(s): Polish Issue: 18/2020

Discrimination of employees who, apart from their professional duties, perform also parental duties, remains highly exceptionable. Professional life, as well as family life, constitute the most important spheres of a person’s life, inextricably connected and interdependent, but also highly competitive. The protection of such a parent-employee should entail not only granting them appropriate privileges, but also creating effective countermeasures (legal, extralegal) against discrimination. If being granted numerous privileges becomes the source of unequal treatment, then what occurs is unsanctioned discrimination on account of being a parent. The life choice of becoming a parent, and consequently, the fulfillment of related duties can have substantial impact on the employee’s treatment and position in their professional environment, and thus should be, de lege ferenda, included in the rules as a forbidden differentiation criterion. However, such protection against discrimination should encompass not only the current, but also prospective and former employees. The legislator has created several possibilities for the parent-employee to utilize in case of discrimination, such as immediate resignation with no notice (though not applicable in all cases) or compensatory measures, though these are by no means sufficient when it comes to real, actual protection from discrimination. Such protection from discrimination against parent-employees will not be comprehensive if it remains restricted only to the Employment Code solutions. Without specific solutions with regard to obligatory introduction of appropriate antidiscrimination policies by the employers, it will be impossible to guarantee full and effective protection measures. However, in order to be able to implement the protective solutions delineated by the Code, they should first be regulated so that there remains no question of their legal character as well as scope. Therefore, a change in the already functioning regulations is necessary.

Atypical work as flexible work: The rise of labour instability in the Spanish labour market

Author(s): Anna Ginès i Fabrellas / Language(s): English Issue: 18/2020

The aim of the article is to analyze the Spanish labour law reforms adopted in a period of ten years and their impact in terms of increasing or decreasing employment precariousness; particularly, in terms of increasing or decreasing labour instability through the promotion of atypical forms of work. The paper concludes that the legislative efforts aimed at promoting permanent employment mainly through reductions on Social Security contributions on behalf of the employer have been offset with other reforms that promote and favour atypical forms of work, such as fixed-term, training, internship, part-time contracts, and self-employment. As a result, atypical forms of work have significantly increased and become flexible forms of work, thus, increasing labour instability.

Сравнителноправна характеристика на Трудовия кодекс на Руската федерация и Кодекса на труда на Република България

Author(s): Anna Neverova / Language(s): Bulgarian Issue: 5/2009

Място на правото на социално обезпечаване в системата на руското право

Author(s): Alla Blagodir / Language(s): Bulgarian Issue: 2/2009

Еволюция, съвременно състояние иперспективи на руското законодателство за представителството на трудещите се в предприятието

Author(s): Nikita Lyutov / Language(s): Bulgarian Issue: 1/2009

Задължението на осигурителя по осигурителното правоотношение по набиране на средствата за задължителното здравно осигуряване за предоставяне на информация

Author(s): Atliana Nedkova / Language(s): Bulgarian Issue: 4/2008

This article explores one of the obligations of the social insurer under the funds raising statutory social health insurance relationship with the National Health Insurance Fund (NHIF), namely the obligation to provide the latter with information. The content of the obligation includes the provision of the NHIF with the legally required information in the relevant terms. The obligation is explored in different perspectives. Firstly, the object of the obligation, namely the type of the required information, is analysed. The information includes data about the social insurer, the socially insured person, the legal grounds for the social insurance, the monthly social insurance income, the social insurance contributions due, the social insurance period, etc. Secondly, the article explores the modes and the terms for the obligation’s execution. The information is provided via specific written declarations, whose sample is legally approved by the NHIF and the National Revenue Agency (NRA). Formally, the declarations are filed with the NRA, but it has the obligation to transmit the information to the NHIF. The significance of the provided information is highlighted in the article as it determines the scope of socially insured persons to whom the NHIF owes the provision of health care. The legal consequences in case of different types of non-performance of the obligation to provide information are also explored. Finally, the article treats the cross-obligation of the NHIF to protect the information dully provided by the social insurer.

Уведомителна процедура по чл. 62, ал. 4 КТ при промяна на работодателя

Author(s): Andrey Alexandrov / Language(s): Bulgarian Issue: 2/2008