LEGAL CONDITIONS NEEDED FOR ENGAGING THE DISCIPLINARY RESPONSIBILITY OF THE TEACHING STAFF

Author(s): Adrian Nicolescu / Language(s): English Issue: 2/2019

In the international context, the Romanian society evolves at an energetic rate determined by the amplification and diversification of social, economic and, finally, political relations. At the same time, it can be easily observed that the constantly changing and evolving legislation is being improved by new regulations and, to the same extent, by the transposition of European norms into the national legal system. The teaching staff, the auxiliary teaching staff, as well as the management, guidance and control staff in the preuniversity education are disciplinary responsible for violating the obligations arising from the individual employment contract and by disregarding the behavioural rules that affect the interest of the education and the prestige of the institution according to laws. The disciplinary liability, as well as the criminal responsibility, fulfils the functions of sanctioning, prevention and education, but it is especially different from the patrimonial responsibility, which mainly fulfils a reparative function. Once a disciplinary offense has been committed, the teaching staff is likely to be applied a special disciplinary sanction regulated by the National Education Law no. 1/2011. The disciplinary sanction is carried out with the strict observance of the legal provisions, respectively of the principle of the legality of the sanction, and the application of the disciplinary sanctions is made gradually, from the mildest to the most severe. In conclusion, the disciplinary offence from the individual employment contract, from the internal regulations, from the decisions of the employer is the engine of engaging the disciplinary responsibility, in compliance with the legal conditions.

Protection of the rights of persons with disabilities under the European Social Charter

Author(s): Monika Smusz-Kulesza / Language(s): English Issue: 31 (3)/2020

The aim of the study is to discuss the protection of the rights of persons with disabilities under the system of law of the Council of Europe. In particular, the focus is on the rights of persons with disabilities to independence, social integration, and participation in the life of the community under the European Social Charter (ESC). This paper covers both an analysis of the Charter, with special attention paid to Article 15, and an examination of the decisions of the European Committee of Social Rights (ECSR) with respect to this provision. Besides the regulation of these rights at the European level, this paper also discusses different examples of state regulations’ conformity or non-conformity with Article 15 ESC.

PAY DETERMINATION IN RELATION TO LABOUR MARKET AND PAY STRATEGIES

Author(s): Ali M. M. S. Alajmi / Language(s): English Issue: 16/2020

In industrial companies, business strategy enhances the reward policy. In other words, the surrounding internal and external factors impact it. This essay focuses on three areas: pay industrial relation differentials, how pay determination relates to the labour market and organizational pay strategies, and how other institutions, such as trade unions and states, determine pay. In industrial relations, the various pay determination systems and structures must be understood and linked to worker pay methods, pay distribution across the labour market and employer attitude in recruiting and retaining employees. Controversies relating to pay negotiations have emerged due to concerns among employees, employers, trade unions and the state. Employers have created pay strategies, including pay grading systems, time and performance-based payment structures, to increase production and organizational performance and boost their managerial right to control. Nevertheless, those pay policies have faced barriers in accomplishing manager objectives since labour market costs remain challenging to quantify and measure. This essay outlines employee expectations and their response to employer pay decisions and whether job satisfaction or dissatisfaction affects productivity, motivating or demotivating workers. It presents the negotiations exercised individually or collectively with trade unions. Finally, this essay demonstrates how some pay policies, such as time-based pay structure, are easy to form, whereas other ones, such as performance-based structures, are not so easy to develop.

Reflections on the Integration of Migrants within the Labour Market

Author(s): Brîndușa Marian / Language(s): English Issue: 2/2019

Within the context of migration, a current and widespread phenomenon, it is necessary to permanently adapt the legislation in order to facilitate the mobility of workers and the development of employment. The labour shortage faced by the European Member States determines the adoption of measures meant to attract this labour force, as well as to integrate migrants into the host states. The integration of migrants into the labour market is one of the major problems the European Member States are faced with. The integration process is a complex, long-lasting one, with an impact on the living standard of both the migrants and of the citizens of the host state. In Romania, the relevant legislation provides for the rights of migrants and the ways in which they can access the labour market. The effective exercise of these rights highlights the problems that they face, as well as the need for new regulations.

THE SPECIFICITY OF THE PROCEDURE OF WORK CONTEST AT THE BASIC COURT IN TETOVO DURING THE PERIOD 2013-2016

Author(s): Bukurije Etemi-Ademi / Language(s): English Issue: 10/2018

The Article 32 of the Constitution of Macedonia guarantees its citizens the right to establish employment relations, the right to choose the job and enjoy protection of their rights under the Law and Collective Agreements. This protection can normally be realized by citizens in different forms, but the study will only approach the protection of subjective civil rights in civil litigation as a separate procedure. The procedure of labour contest is specific due to many reasons which will be dealt with in the study, whereas we will also focus in explaining them besides the analysis of the cases that were selected at the Basic Court of Tetovo in 2013-2016. In the Republic of Macedonia, the Law on Contested Procedure in 2005, unlike the previous law, brought changes in terms of procedural guarantees from labor disputes, for example: increasing procedural discipline; anticipating deadlines related to procedural actions; the maximum duration of the procedure; main screening and other circumstances that include the maximum period of months in the first instance and 2 months in the second instance court etc. This is only one of the specifics of this procedure, which results in disappointing data regarding the length of the procedure, data that have emerged from the controversial proceedings from dismissal of the employment relationship, establishment of employment relationship, disputes concerning the placement and resettlement of the employee at work, and other cases not highly pronounced but still present in Basic Courts.

O Senjskom statutu iz 1527. godine

Author(s): Željko Bartulović,Loretta Hill Ivanković / Language(s): Croatian Issue: 1/2013

The Senj Statute from 1388 has been the subject of detailed research by Croatian lawyers and historians. However, in the legal tradition of Senj there still exists one more important legal source which has not been used enough in the research of the history of Senj, its structure and development of legal institutes in Croatian legal areas in the 18th century. It is the Senj Statute from 1757 which was introduced by the ruler Maria Theresa. The statute is written in Italian and German languages. At that time Senj was exempt from the administration of the ban and parliament and was in the system of the Military Border and its authorities. However, Senj had the status of a free royal city and after complaints of the Croatian parliament about the violation of rights of the city its status, organisation and privileges were set with the Statute. Senj was still not under the authority of the ban and parliament, but it found itself in the system of the Commercial Intendancy (the socalled Austrian Littoral from Trieste to Karlobag). The statute contains a number of regulations about the structure of the governing organs in the city (Minor Council, Chancellor), election methods, government, court (city and noble judge), physician, surgeon and chemist, office of cleanliness, trading privileges of the city, court procedure, lawyers, family and inheritance rights, maritime law, forest protection etc.

Population and Labor Dynamics in Large Informal Markets: Implications for Pension Systems with Evidence from Ecuador

Author(s): Margarita Velín-Fárez / Language(s): English Issue: 2/2021

This paper reviews Ecuador’s population structure and labor market dynamics with a focus on the causes of inequality, particularly among older adults receiving contributory pensions. This serves as a basis for characterizing the main restrictions that the Ecuadorian pension system must address. This analysis is valuable for three key reasons. First, the population structure of many less developed countries is converging toward that of developed countries, with older age groups increasing in proportion. Second, Ecuador is among the countries in Latin America and the Caribbean with the highest degree of informality in the labor market, which lowers the coverage of contributory pension schemes. Third, regarding gender inequality, the rate of women’s labor participation in 2010 was among the lowest in South America. The findings suggest that a younger population structure will not be the main solution to financial problems and the pension inadequacy that are facing most pension systems worldwide. Improvements in labor market institutions are required to increase the pension system’s insurance. The study concludes by discussing several proposals aimed at increasing pension coverage and reducing inequality.

GERMANY’S RESPONSE TO THE COVID-19 PANDEMIC – A REVIEW OF THE MAIN LEGAL SOURCES, THEIR APPLICATION AND LEGAL QUESTIONS DERIVING THEREFROM

Author(s): Renate Penßel / Language(s): English Issue: 1/2020

The Federal Republic of Germany and its Länder responded to the uncontrolled spread of COVID-19 in March 2020 by ordering the most severe encroachments on fundamental rights in their previous history (like the prohibition of all events and gatherings of people, the closure of community and recreational facilities, of gastronomy and most shops, partially even a general curfew). The debate about the legality of these measures lead to a parliamentary reversion of their legal basis, the general clause for measures to fight an infectious disease, included in the “Protection against Infection Act”. This article examines how this general clause and other provisions in German law have been developed and applied during the course of the crisis in order to obtain control over the spread of COIVD-19. It reflects the conformity of these developments and application with the requirements of the German constitution (especially with the guarantee of fundamental rights, the rule of law and the requirement of democratic legitimation) and documents, how they have been reviewed by jurisdiction up to now.

THE IMPACT OF COVID-19 ON PORTUGUESE PUBLIC SERVICES: MINISTRY OF JUSTICE

Author(s): Pimenta Martins Chandra / Language(s): English Issue: 1/2020

The present paper aims to analyse the measures which were taken during the last five months by the Portuguese Government in order to face the disease caused by the new coronavirus (SARS-COV-2). The official name assigned to it by the World Health Org

WEAKNESSES IN THE PROTECTION OF VULNERABLE PERSONS UNDERGOING CLINICAL TRIALS

Author(s): Cătălina Georgeta Dinu / Language(s): English Issue: 1/2020

The article seeks to highlight certain shortcomings at the legislative level in a certain area of health – clinical trials, referring to the protection of vulnerable patients and their rights. Conducting clinical trials on patients with mental illness raises several questions, in terms of obtaining Informed Consent. Thus, chronic patients with mental illness, that are hospitalized in medical units can be subjected to clinical tests for drugs for human use only in exceptional conditions, they are integrated into the category of vulnerable patients, which requires special care in terms of meeting the legal conditions for their participation in clinical trials performed. Are their protection mechanisms sufficient so that chronic patients understand the risks and consequences of participating in such tests?

The Protection of Employers’ Interests during the Coronavirus Pandemic. The Case of Poland

Author(s): Monika Latos-Miłkowska / Language(s): English Issue: 1/2021

The aim of this study is to offer a critical analysis and assessment of the solutions introduced to the Polish labour law in order to protect employers’ interests during the coronavirus pandemic and of the economic crisis the pandemic has caused. The solutions introduced by the Polish legislator in connection with the coronavirus pandemic within the framework of the so-called Anti-Crisis Shield have been thoroughly examined. The conducted analysis, however, is part of a broader trend of research on the solutions incorporated into the labour law in force in connection with the pandemic, implemented on the basis of the legislation of particular European countries. The author proposes a thesis that the introduced solutions, assessed collectively, have fulfilled their purpose – they have made it possible for employers to survive in spite of the restrictions on the way they conduct their business and have curbed the increase in unemployment. However, the analysis of particular solutions that were applied reveals their numerous shortcomings, including those related to compliance with European law and the Polish Constitution. The results of the research are original and may be a valuable contribution to further, more in-depth scientific studies, becoming a point of reference for comparative legal research. The drawn conclusions indicate also the directions of changes occurring in regulations.

ON THE MANUFACTURER’S LIABILITY FOR NON-FUNCTIONAL, PERISHABLE AND/OR REPLACEABLE MEDICAL COMPONENTS OF MEDICAL DEVICES

Author(s): Maria-Magdalena Cardis / Language(s): English Issue: 1/2020

As many other industries, the industry of medical devices has also been severely affected by the SARS-CoV-2 pandemics. In this context, every medical device became more than necessary because they were all supposed to be working on their highest level. Still, as it often happens in practice, a crisis is not something which is very well anticipated, so one is to be found in the middle of it, not exactly knowing what to do. The present article aims to set a simple legal framework in which some aspects on the manufacturer’s liability for non-functional, perishable and/or replaceable medical components of medical devices are discussed.

BRIEF CONSIDERATIONS ON TELEWORK DURING PANDEMIC

Author(s): Dana Volosevici / Language(s): English Issue: 1/2020

The COVID-19 pandemic has caused an unprecedented health and economic crisis worldwide and at this date it is still too early to have the complete picture of the consequences. Employers were forced to implement efficient measures to contain and mitigate the virus, while maintaining economic activity. In many European countries, authorities imposed or at least urged the employers to telework, in order to ensure the employees’ health protection. The paper addresses some aspects of teleworking, inviting to further developments

APPLICATION OF THE DISCIPLINARY OFFENSE OF THE WRITTEN REPRIMAND. CASE STUDY

Author(s): Dragos Lucian Radulescu / Language(s): English Issue: 2/2020

Labor discipline is a legal institution related to the obligation of employees to comply with the system of internal rules of employers, as well as those resulting from the content of the individual employment contract. The legal relationship between the employee and the employer is one of subordination, this implying specific rights and obligations, imposed by the work discipline, their non-observance leading to the possibility of applying disciplinary sanctions. In the context of the COVID-19 pandemic, the obligation of the civil servant to comply with the superior's order becomes essential, the county public health directorates being in the forefront of the fight against the virus. The article refers to the disciplinary sanction of the warning, applied to the civil servant for violating the work discipline, in the context of blocking the activity of the department, by non-compliance with the internal audit service, with reference to internal regulations, labor agreements, and individualization of the sanction, motivation and procedural approach.

Gender roles of Polish female emigrants and their paths of self-realization in relation to work-life balance policy

Author(s): Karolina Zalewska-Łunkiewicz,Agata Zygmunt / Language(s): English Issue: 20/2018

A numerous previous reports on Polish women’s emigration provided information on their passive role in the decision making process concerning leaving Poland, obtaining employment predominantly in the sector of household services or their marriage-oriented strategy of survival in the foreign country. The current picture of women’s roles in emigration has been changed. The purpose of the presented research was to explore the paths of self-realization of Polish female emigrants regarding the gender roles realised by them in the field of the work-life balance idea. The research was conducted in psycho-sociological approach. There were 113 adult Polish female emigrants, who had spent a period of time exceeding one year on emigration in Europe, North America, Australia and Asia admitted to the research. This project was realised on the basis of quantitative data gathered throughout online survey and supplemented by qualitative data in the shape of 15 semi-structured interviews. The obtained results showed that the examined Polish women declare to undertake gender roles compliant with the new cultural model, and to lesser extent compliant to the traditional one. They demonstrated proactiveness in the phase of decision-making about emigration and as they attempted to combine their family life with the professional sphere in the country they have arrived in what corresponds with the WLB idea promoted in developed countries.

ECONOMIC VIOLENCE AS A TYPE OF DOMESTIC VIOLENCE: STATUTORY REGULATION AND THE FIRST EXPERIENCE OF APPLICATION OF THE CRIMINAL LEGISLATION OF UKRAINE

Author(s): Oleksandr Bilovol / Language(s): English Issue: 48/2020

The criminal liability for economic violence in Ukraine as one of the types of domestic violence was analyzed in the article. Interpretations of such types of economic violence as intentional deprivation of housing, food, clothes, other property, money and documents or opportunity to use them, leaving without care or guardianship, preventing in receipt of necessary services in treatment or rehabilitation, ban to work, coercion to work, ban to study and also other offenses of economic nature. It was established that the intentional deprivation of housing, food, clothes, other property, money or documents should be understood as conditions under which the victim cannot use this property in full because it has been spent on the guilty person’s own needs, transferred to third parties, destroyed or damaged, etc. It was noted that the relevant property may belong to the offender or the victim. In turn, deprivation of the opportunity to use this property means that the victim is either limited in time to use these items, that is cannot use them constantly, but only for a certain time or with a certain frequency and/or cannot use this property to the extent which deems it necessary. Separation of these types of economic violence from crimes such as abuse of guardianship rights, evasion of alimony payment for child support, evasion of money payment for keeping of disabled parents, and malicious failure to care for a child or a person in custody or care was done. It was stated that committing such a type of economic violence as a ban on work or unlawful force to work, the offender against the will of the victim at his own discretion determines whether the victim has the right to realize his right to work or vice versa to force the victim against his will to work or overwork or perform the work chosen by the offender himself, not the victim. In this case, the aggressor may not work himself at all. This type of economic violence was separated from such crimes provided by other articles of the Criminal Code of Ukraine as the exploitation of children and the use of a minor child for begging. The attention was focused on the fact that the list of types of economic violence for which criminal liability may occur has an open character. This approach of the legislator makes the norm more flexible in application but significantly complicates its interpretation.

Zbigniew Ofiarski, Indywidualne konta emerytalne. Aspekty podatkowoprawne i organizacyjno-funkcjonalne, Wydawnictwo Difin, Warszawa 2020

Author(s): Patrycja Zawadzka / Language(s): Polish Issue: 33 (1)/2021

Świadczenie pracy poza miejscem jej stałego wykonywania – uwagi na tle ustawy z dnia 2 marca 2020 r. o szczególnych rozwiązaniach związanych z zapobieganiem, przeciwdziałaniem i zwalczaniem COVID-19

Author(s): Mateusz Hypiak / Language(s): Polish Issue: 36 (4)/2021

The purpose of this article is to explore the doubts raised after the legislator’s adoption of a new labour law measure in the Act of 2 March 2020 on special solutions related to the prevention, counteracting and combating of COVID-19 – the order to perform work outside the permanent workplace. First, a detailed analysis of said order is presented, followed by an examination of practical problematic issues in applying the law. Selected normative acts and relevant literature are reviewed to this end. It is ultimately concluded that employers need to consider specific health and safety obligations and GDPR when ordering remote working. It is also highlighted that work-related accidents are a critical problem in the context of health and safety regulations and remote work. The issue of disrupting the work-life balance is discussed, too. The article also demonstrates that the introduction of the order to perform work outside the permanent workplace into the Labour Code is a matter of time.

Devlet Denetleme Kurulunun İdari Teşkilat Üzerinde Etkinliği Hakkında: Raporlarının İcrailiği

Author(s): Azer Ebru Mutlu,Fazıl Hüsnü Erdem / Language(s): Turkish Issue: 1/2022

The State Supervisory Board was regulated by the Presidential Decree No. 5 after the Constitutional Amendment Law No. 6771. The Board, which is also given the duty and authority to investigate, can prepare investigation and emergency reports. The execution of the reports of the Board has been discussed from past to present. Transactions, actions and reports prepared by the Board as an auxiliary institution, which takes action upon the direct instruction of the President, are considered preparatory. Preparatory operations are not enforceable as they are not final and executable. However, there are some measures that the Board can take in investigations and emergency reports. One of these measures is the measure of removal from office explicitly regulated in Decree No. 5. These are enforceable measures and can be prosecuted. In addition, these measures and their having enforceable power are a great innovation for the Board.

Библиотеката на СЮБ представя

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 10/2021