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Uprawnienia opiekunów dzieci przyznawane przez pracodawców jako przejaw realizacji celów wynikających z dyrektywy 2019/1158

Author(s): Krzysztof Walczak / Language(s): Polish Issue: 4/2023

Directive 2019/1158 obliges Member States to facilitate the reconciliation of work and family life for workers. This task can be carried out directly by the state as well as by employers. In the first case, it is necessary to issue laws. On the other hand, employers can help employees in the implementation of childcare through collective labour agreements, regulations and the so-called soft law. The information contained in the article is based on the research conducted by the author together with Barbara Godlewska-Bujok on the rights of employees in relation to parenthood granted by employers.

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Current Issues of the Service Relationship of Security Forces Members in the Court of Justice Case Law and the Impact on Public Service Practice

Author(s): Zdeněk Fiala,Kristyna Mlezivova,Olga Sovová / Language(s): English Issue: 2/2023

The paper examines selected decisions of the European Court of Justice concerning the dismissal from service of members of the security forces. The article focuses on members' health capacity loss. The paper also highlights related issues such as ordering and reimbursing overtime work and duty readiness. The paper points out how the European Court of Justice case law influences the decision-making activity of service officials in general. The Czech armed corps practice and case law exemplify research issues. The authors place the solution to individual questions in the broader context of legal regulation to enable a more comprehensive understanding. The authors underline the critical attributes on which the service relationship of members of the security forces is conceptually built and controlled. Considering the most significant judgments of the European Court of Justice, the authors pond over the implementation of service relationship principles into European member states' legal and managerial practice. The authors examine the mentioned challenges through desk research and analyses of European and national legal legislation and case law. In conclusion, the authors evaluate the practical service needs of the security forces concerning the medical fitness of their members. Future legislation should consider the demands for physical fitness and psychological resilience, as well as the need for digital literacy of a public servant.

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Critical analysis of the failure of labour law to adequately protect atypical workers and its impact on human rights and fair labour practice

Author(s): Mojapelo Mogohloro Raguel,Kola O. Odeku / Language(s): English Issue: 1/2023

In the workplaces, the work force being employed by private entities and contract workers are facing various unfair labour practices and as such excluded from labour protection law. Instances of human rights abuses abound, and these have severe socioeconomic implications on atypical workers. This paper examines how atypical workers face inhuman treatment, discrimination and denial of basic labour rights and benefits in the workplace. The paper also looks at whether there is any semblance of labour protection extended to atypical workers. It is observed that such interventions have not provided strong protection for atypical workers hence they are still exposed to various labour vulnerabilities, discrimination, mistreatment, abuses and denial of benefits and socio and economic securities.

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Home office z perspektywy postpandemicznej - szanse i zagrożenia. Analiza pracy zdalnej w ujęciu prawnym i społecznym

Author(s): Julia Bernacka / Language(s): Polish Issue: 9/2023

The growing interest in remote work and flexible forms of employment is undoubtedly due to technological development (including changes in the labour market) and measures taken to counteract the COVID-19 pandemic. The experience of this period allowed us to observe certain regularities in the field of remote work, revealing its pros and cons. This article aims to summarize the current state of remote work regulations and the possibilities opened up by the home office model. The first part describes the remote work regulations laid out in Polish legislation and the current state of the labour market, which affects the interest in flexible forms of employment. The article then details the new part of the Labour Code, which also influences the current shape of remote work. Focusing on the home office form (i.e., working from home), the author presents an exemplary enumeration of the advantages and disadvantages of the flexible employment models observable today, noting the opportunities and threats resulting from their use. Due to the impact of remote work on various areas of an employee’s life, considerations are conducted on both legal and social grounds. The last section is a summary of flexible forms of work and the chances of their success in the light of post pandemic achievements. It also briefly presents the hybrid work model as a solution that takes advantage of remote employment opportunities while minimizing the visible risks.

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EXERCIȚIUL ABUZIV AL DREPTULUI LA GREVĂ

Author(s): Daniela Pojar / Language(s): Romanian Issue: 1/2023

Trade union organizations/elected representatives of employees, in their capacity as subject of collective labor relations, may abusively exercise their subjective rights both at the time of conclusion and at the time of modification, suspension and termination of the collective labor contract. A special situation emerges in the case of the abusive exercise of the right to the association and the abusive exercise of the right to strike and the rights of trade union organizations, of the elected representatives of employees, as the case may be. The right to strike, being a means of ensuring collective negotiations, cannot abusively harm the interests of the other party. In the following article, those situations of abusive exercise of the right to strike will be highlighted, wherein the limits of the exercise of this right are intentionally exceeded by the elected representatives of the employees. Starting from the idea that the strike is declared in order to protect the social interests of employees, the abusive exercise of the right to strike must be evaluated taking into account the prejudicial result of the strike in relation to the organizers' intention and interest to produce this result.

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ОБЩЕСТВЕНИ НАГЛАСИ СПРЯМО ФАКТОРИТЕ, ВЛИЯЕЩИ ВЪРХУ ПОТЕНЦИАЛА НА РАБОТНАТА СИЛА И ЕФЕКТИВНОСТТА НА СОЦИАЛНИЯ ДИАЛОГ В БЪЛГАРИЯ

Author(s): Desislava Yaneva / Language(s): Bulgarian Issue: 01/2024

This article develops the conceptual idea that for successful regulation of labor relations, a clear and objective mechanism for information security of the process is needed, which leads to an advantage over the environment, to improvement of regulation function of the state to the public need and to increase of the social security in society.

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NEW LABOUR CHALLENGES IN POLISH AND EUROPEAN AGRICULTURAL LAW

Author(s): Agata Niewiadomska / Language(s): English Issue: 101/2023

New technologies, artificial intelligence, or the digitalisation of the economy are challenging lawyers in terms of the functioning of the existing legal instruments as well as the creation of completely new ones. The challenges of the digitalisation era mainly concern labour law. Traditional work performed at the employer’s premises is still of great importance, while at the same time the legislator, if only in Poland, regulates new types of employment relationships, such as remote working. However, there is a problem, which is analysed in the article, of how these new legal mechanisms can be applied in various sectors of the economy. One example where this seems to pose difficulties is agriculture. Because some activities in traditional agriculture have to be done physically, the new legal mechanisms may prove ineffective. The article identifies contemporary challenges to labour and agricultural law that need to be implemented, due to technological advances. De lege ferenda postulates have been identified in relation to remote working in agriculture, precision farming, agriculture 4.0, or the Smart Village concept. At the same time, it is emphasised that the implementation of all these mechanisms and legal solutions will not be effective without adequate funding.

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Sex Workers’ Professional Experiences in the Interplay of Structure and Agency in Croatia

Author(s): Ivana Radačić,Marija Antić,Mirjana Adamović / Language(s): English Issue: 04/2023

There are still relatively few studies on job satisfaction and the quality of work among sex workers, partly due to the ideologies surrounding sex work. In this paper we move away from dichotomous thinking and investigate the professional experiences of indoor independent sex workers in Croatia against the background of criminalised context and gendered socio-economic realities. We look into sex workers’ motivations, perceptions and experiences, their control and safety strategies. The study shows that despite many structural constraints on the sex workers’ agency, all participants exercise some degree of autonomy and control over their working lives. The factors that seem to be the most relevant in terms of their ability to set up their own conditions, which in turn influences their experiences, are their economic situation, motivation and self-perception. Negative experiences mostly stem from criminalisation and stigmatisation of sex work, which affects women primarily, and creates more risks to their health and safety. The results of the study call for integrative policy approaches, which presuppose full decriminalisation of adult voluntary sex work.

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Survival Sex (Work) in Croatia

Author(s): Marija Antić,Rašeljka Krnić,Tihana Štojs Brajković / Language(s): English Issue: 04/2023

This paper explores experiences of persons engaging in survival sex in Croatia. While research on commercial sex in Croatia is generally scarce, there is an absence of qualitative inquires into the life stories and experiences of persons selling sexual services for subsistence needs. The study is grounded in a thematic analysis of interviews conducted with adult persons engaging in survival sex across the three largest Croatian cities. It examines their life stories marked by difficult childhood and drug use, and explores the conditions and risks associated with their engagement in survival sex. It also discusses agency in this specific setting, pointing at possible policy implications. In conclusion, the authors advocate for a more nuanced understanding of agency in this context and call for future research to be directed towards a more in-depth exploration of this issue.

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Znaczenie nadzoru właścicielskiego w spółkach z udziałem Skarbu Państwa w systemie corporate governance

Author(s): Jakub Marchewka / Language(s): Polish Issue: 19/2024

Corporate governance is a complex issue of a practical nature that is of interest to such sciences as law, management, economics and accounting. Corporate governance refers to a system of complementary institutions (legal and economics) to ensure the proper and effective functioning of companies. The purpose of this article is to demonstrate whether corporate governance mechanisms provide the State Treasury with adequate instruments to influence companies with its shareholding. The supervision mechanisms resulting from the regulation contained in the Act on the Principles of State Property Management statute special solutions in relation to the general supervision mechanisms resulting from the Commercial Companies Code. The article uses the formal-dogmatic method.

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Riziko diskriminace uchazečů o zaměstnání při využívání AI systémů k jejich hodnocení

Author(s): Šimon Svoboda / Language(s): Czech Issue: 29/2024

The study examines the use of artificial intelligence (AI) in recruitment and selection processes and the associated risk of discrimination against job applicants. The study describes the potential use of AI in these processes and analyses the related discrimination and data protection legislation. The problem of discrimination by artificial intelligence is presented in general and, on this basis, the risk areas of using AI in recruitment and selection processes are subsequently identified and the possibilities of defending against discriminatory AI decisions are discussed. The aim of the study is to assess whether the current legislation is an appropriate and proper regulation of AI to ensure equal treatment and prohibition of discrimination against job applicants when using AI systems for their assessment.

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Prawo do pracy w międzynarodowych systemach ochrony praw człowieka

Author(s): Krzysztof Jarczyński / Language(s): Polish Issue: 1/2023

Unemployment related to the Great Depression was one of the factors which brought the Nazi Party to power in Germany and, consequently, one of the causes of World War II and the crisis of human rights protection. After this experience, the international community worked to establish auniversal law system to protect human rights, including the right to work. This article is an overview of the most significant legal acts of international law regarding the right to work existing in the global, specialized, and regional human rights protection systems. This paper pre-sents regulations related to the right to work, the right to annual leave, shift patterns, participation in unions, and protection from discrimination.

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Rozwój nowoczesnych technologii w zatrudnieniu a konieczność wprowadzenia odrębnej instytucji prawnej, jaką jest prawo do bycia offline

Author(s): Krzysztof Walczak,Maciej Chakowski / Language(s): Polish Issue: 3/2024

The subject of the article is the assessment of the legitimacy of introducing a new institution to Polish law, which is the right to be disconnected. According to the authors, this is unnecessary. Based on the analysis of the regulations and the jurisprudence of the Supreme Court, they show that the Labour Code guarantees people who use modern technologies the right to rest. However, the authors agree, that the problem is the practical application of these provisions. Therefore, in their opinion, instead of introducing a new legal institution, it is necessary to increase the legal awareness of workers so that they know what their rights are in this area and, if deemed appropriate, to increase the sanctions for non-compliance.

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LABOR MARKET DISCRIMINATION IN ROMANIA

Author(s): Ingrid Ileana Nicolau / Language(s): Romanian Issue: 37/2024

Labor market is a complex and organized system having a special characteristic – proximity, meaning that labor market services are organized as close to the human capital as possible. At the same time, labor market is developing and functioning in a complete lack of harmony with the educational system, identifying disadvantageous moments regarding training, development and keeping the human capital connected with the national economy.Discrimination in Romania, for a long time, has not been a topic open for debate or research field worthy to take into consideration. During the post-revolutionary period some steps were taken but ample research started only after joining the EU.

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ZMIANA ZEZWOLENIA NA PROWADZENIE APTEKI OGÓLNODOSTĘPNEJ A ZMIANA LOKALIZACJI APTEKI

Author(s): TOMASZ KOWOLIK / Language(s): Polish Issue: 1/2023

A public pharmacy may be operated only on the basis of a pharmacy license. The owner of the pharmacy must have the right to the premises in which the pharmacy is located, and the pharmacy premises must be a separate building or part of the building separated from other premises and other activities. The license to operate a public pharmacy specifi es who, where and under what conditions may run a pharmacy. The license is granted in administrative decision by the provincial pharmaceutical inspector. One of the elements of the license is the pharmacy’s address. The data in the license may change, but the provisions of the law do not limit the scope of changes that may occur. Changes of data in the license may occur for various reasons and do so often regardless of the entrepreneur’s will. In the event of a data change, the entrepreneur is only obliged to notify the authority about these changes. The practice of the State Pharmaceutical Inspectorate is that any change to the data contained in the license requires the issuance of an amending decision. Changes to license to operate pharmacies should be divided into: 1) declaratory changes resulting from various legal events and not requiring the issuance of a constitutive amending decision, but only a declaratory decision confi rming the change, and 2) constitutive changes, which may occur only on the basis of a fi nal decision on amendment of license, issued pursuant to Article 155 of the Code of Administrative Procedure. Amendment of a decision of granting a license, including changing the pharmacy premises, will be possible if the public interest or justifi able interest of the party is involved. According to currently applicable legal provisions, but contrary to the jurisprudence of the Pharmaceutical Inspection authorities, changing the location of a pharmacy should be allowed by amendment of decision on grant a license, pursuant to Article 155 of the Code of Administrative Procedure.

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Realizacja artykułu 47 pkt. 7a Ustawy o prawach pacjenta i Rzeczniku Praw Pacjenta na przykładzie publikacji: „nawigator pacjenta”

Author(s): Katarzyna Julia Kowalska / Language(s): Polish Issue: 1/2024

The publication is intended as a text of a dual nature, on the one hand the Author refers to the current legislation on patients’ rights, also citing reports of the Supreme Audit Office, as well as medical law literature, and on the other hand, by describing the initiatives of the Patient Ombudsman carried out within the framework of statutory tasks, the Author spreads knowledge about the sources of information available to patients and their relatives in Poland. Particularly described is the Patient Navigator. A practical guide to the health care system as an example of the implementation of Article 47a point 7a of the Law on Patients’ Rights and the Ombudsman for Patients’ Rights.The publication is intended as a text of a dual nature, on the one hand the Author refers to the current legislation on patients’ rights, also citing reports of the Supreme Audit Office, as well as medical law literature, and on the other hand, by describing the initiatives of the Patient Ombudsman carried out within the framework of statutory tasks, the Author spreads knowledge about the sources of information available to patients and their relatives in Poland. Particularly described is the Patient Navigator. A practical guide to the health care system as an example of the implementation of Article 47a point 7a of the Law on Patients’ Rights and the Ombudsman for Patients’ Rights.

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The Urgency of Protection for Women Workers Against Sexual Violence in the Company Environment

Author(s): Nia Shalshabila Audria Nugraha Putri,Nurini Aprilianda,Faizin Sulistio / Language(s): English Issue: 8/2023

This paper examines the inclusion of verbally displaying sexual acts (commonly known as catcalling) within the framework of criminal law in Indonesia. It also analyzes the legal protections afforded to victims of such actions under Law No 12 of 2022 concerning Crimes of Sexual Violence (TPKS Law). Verbal sexual concealment, or catcalling, involves the non-physical expression of sexual acts directed at an individual's body, sexual desires, and/or reproductive organs. This undermines the person's dignity based on their sexuality and/or modesty. Under the TPKS Law, victims of verbal sexual harassment, or catcalling, are granted specific legal protections. These include the right to be shielded from acts of violence and the right to be free from any treatment that undermines their dignity. These protective measures encompass the fulfilment of ownership and the provision of assistance to ensure the victims' sense of security. The LPSK or other relevant institutions are responsible for carrying out these protective measures by the requirements outlined in the law.

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PRAVO NA RAD: POSLEDICE VIRUSA COVID 19 U REPUBLICI SRBIJI

Author(s): Marina Mijatovic / Language(s): Serbian Issue: 1/2023

The year 2020 was marked by the beginning of the Covid 19 virus pandemic, which manifested its effect at the global level and stopped the affirmative processes of every single country. The consequences of the virus affected the economy, everyday life, the work of institutions, the availability of various goods and services. The Covid 19 pandemic has caused significant changes in the landscape of labor law, which require adaptation in order to protect the rights of employees and respond to new challenges in the world, in the form of appropriate adaptations and needs of workers and employers. This paper includes changes in the field of employment, as well as the psychological characteristics of people and the way they behave after the Covid 19 virus. The author gives an interpretation using the method of observation and comparative analysis and tries to answer the problematic question: "Did the pandemic of the Covid 19 virus affect changes in the labor market and to what extent?" Every social segment is affected, especially the field of jobs, where the previous economic success largely suffers adverse consequences. The focus that is pursued in the pandemic but also in the post pandemic time is precisely empathy and human solidarity, especially in social and economic terms. Through empirical research, the paper aims to present the devastating character of the Covid 19 virus on the labor market in the Republic of Serbia, as well as the emerging trends consequently caused by the aforementioned virus.

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Трудов договор с прекратително условие

Author(s): Atanas Vassilev / Language(s): Bulgarian Issue: 1/2023

The article is dedicated to an important topic in the field of Labor law with significant practical application - employment contracts with a resolutive condition, which the legislator mistakenly classifies as fixed-term employment contracts in Article 68, paragraph 1 of the Labor Code.

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ІMAGО IMPERII. ЗА ХРИСТОС, КЕСАРЕВИЯ ДЕНАРИЙ И ИМПЕРАТОРСКИЯ КУЛТ ПРЕЗ ПРИЗМАТА НА АНТИЧНАТА ПОЛИТИЧЕСКА ТЕОЛОГИЯ

Author(s): Simeon Efimov Groysman / Language(s): Bulgarian Issue: 1/2024

This paper offers an overview of the relationship between Christianity and the Roman imperial cult through the lens of the idea of the use of political theology as an immediate governing ideology in Antiquity. To do so, I turn to Carl Schmitt's conceptual apparatus and place it in the context of the first princeps, Octavian Augustus, receiving divine honors for the "miracle" of enthroning peace and security in the Empire. In order to establish the origins of these processes and their proximity to the ruler-religious practices of the time (especially as they relate to the legacy of Alexander the Great), the emergence of the cult during the Roman civil wars in the last century of the old era is reviewed. The main theses of the biblical school of 'imperial criticism', formed around Richard Horsley and exploring the New Testament messages in their Roman context, including with regard to the clash between Christian preaching and the official propagation of the imperial cult, are presented. This conflict is explored in the conclusion through an analysis of Christ's response to the rendering of the caesarian denarius, which can reasonably be assumed to have carried the symbolism of the imperial cult. In a paradoxical way, the Son of God, it turns out, holds in his hands the "icon" of the imperial cult, and must rule, in addition to on the relation of civil and religious duties, on the claim of making Roman emperors into earthly gods.

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