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The relationship between supervisor support and work-family conflict and the mediating role of work overload perception on this relationship

The relationship between supervisor support and work-family conflict and the mediating role of work overload perception on this relationship

Author(s): Muhammed Sabri Şirin,İlhami Yücel / Language(s): English Issue: 1/2021

Purpose: This study aims to investigate the mediating effect of work overload perception on the relationship between supervisor support and work-family conflict experienced by employees.Methodology: The created models and hypotheses were tested on a sample comprising 401 research assistants working at a public university. The data obtained were analyzed using statistical programs.Results: According to the results of the analyses, it was concluded that supervisor support had negative correlation with work-family conflict and work overload perception. In addition, a positive relationship between work overload perception and work-family conflict was observed.Conclusion: Based on the mediation model that was used to test the main hypothesis, it was concluded that work overload perception has a partially mediating effect on the relationship between supervisor support and work-family conflict.

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Collective Rights of Persons Engaged in Gainful Employment Outside the Employment Relationship – en Outline of the Issue

Collective Rights of Persons Engaged in Gainful Employment Outside the Employment Relationship – en Outline of the Issue

Author(s): Tomasz Duraj / Language(s): English Issue: 95/2021

The main objective of the following study is to introduce readers to the issue of the 2nd National Scientific Conference in the series “Atypical Employment Relations” organized on 3 October 2019 by the Centre for Atypical Employment Relations of the University of Lodz. The consequence of extending the right of coalition to persons performing paid work outside the employment relationship was that they were guaranteed important collective rights, which until 1 January 2019 were reserved primarily for employees. The rights which Polish legislator ensured to non-employees include the right to equal treatment in employment due to membership in a trade union or performing trade union functions; the right to bargain with a view to the conclusion of collective agreement and other collective agreements; the right to bargain to resolve collective disputes and the right to organize strikes and other forms of protest, as well as the right to protect union activists. The author positively assesses the extension of collective rights to people engaged in gainful employment outside the employment relationship, noting a number of flaws and shortcomings of the analyzed norms. The manner of regulating this matter, through the mechanism of referring to the relevant provisions regulating the situation of employees, the statutory equalization of the scope of collective rights of non-employees with the situation of employees, the lack of criteria differentiating these rights, as well as the adopted model of trade union representation based on company trade unions, not taking into account the specific situation of people working for profit outside the employment relationship, are the reasons why the amendment to the trade union law is seen critically and requires further changes.

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The Concept of Employer and the Extension of the Subjective (Ratione Personae) Scope of Collective Labour Law

The Concept of Employer and the Extension of the Subjective (Ratione Personae) Scope of Collective Labour Law

Author(s): Zbigniew Hajn / Language(s): English Issue: 95/2021

In accordance with the changes in the provisions of the collective labour law in force since January 1, 2019, an employer within their meaning is also an organizational unit without civil law subjectivity, if it employs work contractors engaged in paid work engaged in paid work other than employees. This leads to the dualism of the notion and legal construction of the entity employing non-employee contractors on the basis of individual and collective relations. In individual legal relations, the entity employing contractors on the basis of civil law contracts may only be a civil law entity. On the other hand, in collective labour relations, organizational unit without civil law capacity may be regarded as their employer. The purpose of this study is to give the reasons for the thesis that such regulation leads to legal confusion, and the most appropriate way to remove it is to link the employer’s subjectivity with civil law subjectivity in individual and collective labour law.

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Open Coalition Law, Necessity or Threat?

Open Coalition Law, Necessity or Threat?

Author(s): Błażej Mądrzycki / Language(s): English Issue: 95/2021

From January 1, 2019. Amendments to the Act of July 5, 2018 amending the provisions on trade unions and some other acts apply (almost in full). Amendments to the Polish act are a consequence of the Committee for the Freedom of Association, Labor Law Organizations and the judgment of the Polish Constitutional Tribunal. The main and expected effect of the amendment is the extension of coalition freedom in trade unions. This issue is important not only for the consistency of the legal system with international law, but also for social reasons. Concluding civil law contracts in the place of employee forms of employment is a common practice in Polish conditions. The main problem is that the civil law contract has a purpose other than the employment contract. Contracts of mandate and provision of services are the basis for the implementation of actual and legal activities.Besides, the legislator does not have any real actions aimed at eliminating the defective practice. The text is an attempt to synthetically summarize the motives of the amendment, as well as its effects and tests.

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The Issue of Representativeness in the Lights of the Amended Trade Unions Act

The Issue of Representativeness in the Lights of the Amended Trade Unions Act

Author(s): Iwona Sierocka / Language(s): English Issue: 95/2021

The subject of the deliberations are issues regarding the representativeness and size of workplace trade union organisations after the changes introduced in the Trade Unions Act in 2018. According to the obligatory provisions, the “representativeness” of a trade union organisation is traditionally conditional on its size, but not only the employees, but also other categories of the employed are taken into account. It is, inter alia, about persons providing work under a contract of mandate or a specific work contract and sole proprietors. By expanding the full rights of coalition onto persons performing work on the basis other than employment relationship, the legislator increased the percentage limits decisive in the matter of representativeness. At present, the representative trade union organisation above the workplace level is also an organisation uniting at least 15% of all people performing gainful work under the articles of association, not fewer, however, than 10,000 persons performing gainful work. It works similarly at the workplace level. With reference to workplace trade union organisations which belong to organisations above the workplace level which meet the criteria for representativeness as specified in the Social Dialogue Council Act, at least 8% of the staff of the given employer is required. In the case of workplace trade union organisations which do not participate in such structures, the representativeness is conditional on uniting of at least 15% of persons performing gainful work for the given employer (7% and 10%, respectively, were required earlier). Determining the number of the staff, the employees and persons providing gainful work under other bases being employed for at least 6 months before the commencement of negotiations or arrangements must be included. A significant novelty is the necessity to select a joint representation of the representative organisations at the workplace level that belong to the same Trade Union Federation or National Trade Union Confederation in matters regarding collective rights and interests of the persons performing gainful work.

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Will ‘Yellow’ Unions Disappear After the Amendment to Act on Trade Unions?

Will ‘Yellow’ Unions Disappear After the Amendment to Act on Trade Unions?

Author(s): Magdalena Rycak / Language(s): English Issue: 95/2021

The article aims to answer the question whether, after the amendment to the provisions of Act on trade unions, which entered into force on 1 January 2019, the phenomenon of creating and practical functioning of the so-called ‘yellow’ unions that, although developed as a workers’ organisation but in fact function mainly for the purpose of protecting an employer’s interests, will disappear. The article explains the concept of ‘yellow’ unions, discusses the most important recent amendments to the provisions of Act on trade unions, and analyses the binding provisions with regard to potential ‘profitability’ of the development of yellow unions from the point of view of employers’ interests.

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The Right to Strike and Other Forms of Protest of Persons Performing Gainful Employment Under Civil Law

The Right to Strike and Other Forms of Protest of Persons Performing Gainful Employment Under Civil Law

Author(s): Artur Tomanek / Language(s): English Issue: 95/2021

This article deals with the issue of extending the right to conduct a collective labour dispute to persons performing paid work under civil law contracts, after the entry into force of the Act of 5 July 2018 amending the Act on Trade Unions and Certain Other Acts (Journal of Laws 2018, item 1608). The author considers the question whether and to what extent the right to strike and to take industrial action, provided for in the Act of 23 May 1991 on Resolution of Collective Disputes (consolidated text: Journal of Laws 2020, item 123), extends to civil lawful contractors. The position is presented that the proper application of the above mentioned law to the indicated circle of work contractors cannot mean the deprivation or limitation of their right to strike and to take industrial action. The solutions implemented by the Polish legislator with regard to persons performing work outside the employment relationship are more advantageous and far-reaching in comparison with the requirements resulting from the international labour law acts binding on Poland. However, there are specific problems with applying to these persons some of the regulations included in the Act on Resolution of Collective Disputes. These problems results from the fact that the individual legal relationship between these persons and the entities employing them is based on the provisions of civil law, and not on the Labour Code.

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Staff Representation Rights Related to The Creation Of Employee Capital Plans (PPK)

Staff Representation Rights Related to The Creation Of Employee Capital Plans (PPK)

Author(s): Marcin Krajewski / Language(s): English Issue: 95/2021

The article presents the role of the staff representation under the Act of 4 October 2018 on Employee Capital Plans. Employee Capital Plans (PPK) are the part of third pillar of polish pension system. By creating the PPK, the legislature placed the staff representation and the employer under an obligation to co-decide on the form of the created capital plan. The method of identifying the staff representation, as defined in the Act on Employee Capital Plans, is modelled on the regulation contained in the Act on Occupational Pension Schemes. The Act on Employee Capital Plans states, that an occupational trade union organisation operating within the premises of the company excludes the competence of representation of employees. The legitimacy of the primacy of the trade union over the non-union representation of the staff stems, first of all, from the possibility of guaranteeing the employees’ effective participation in the selection of the financial institution.

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Collective Labour Rights of Self-Employed Persons on the Example of Spain: is There any Lesson for Poland?

Collective Labour Rights of Self-Employed Persons on the Example of Spain: is There any Lesson for Poland?

Author(s): Aneta Tyc / Language(s): English Issue: 95/2021

This paper aims to analyse collective labour rights of both “classic” selfemployed persons and economically dependent self-employed workers under the Spanish Statute of Self-Employed Workers (Ley 20/2007 del Estatuto del Trabajo Autónomo). The author applies comparative analysis and critical reasoning with a view to answering the questions: is the scope of protection wide enough, and can Poland draw a lesson from it? The paper presents evidence that demonstrates that among all self-employed workers, only economically dependent self-employed workers are granted the right to bargain collectively. However, findings suggest that in practice, collective bargaining is stymied mainly because it takes place only at the enterprise level, and because the number of economically dependent self-employed workers is minimal. The paper concludes that collective labour rights under the Statute of Self-Employed Workers could be better protected (especially as regards “classic” self-employed persons). On the other hand, however, in Poland, the lack of any criteria that would enable a diversification of the scope of collective rights granted to self-employed persons is subject to criticism. It appears that in some areas the legislator should differentiate the scope of protection. The criterion of economic dependence, which exists in Spanish law, could be successfully used for this purpose.

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Munca pe platformele digitale de livrare din România

Munca pe platformele digitale de livrare din România

Author(s): Delia Bădoi / Language(s): Romanian Issue: 4/2020

This paper shortly presents the research project “Employment strategies in the context of new vulnerabilities of the digitalisation process” GAR-UM- 2019- XI – 5.4 – 1, financed by the GAR-UM- 2019 Romanian Academy Programme, 2019–2022.

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PROŠIRENO DEJSTVO KOLEKTIVNOG UGOVORA KAO NAČIN UNAPREĐENJA KOLEKTIVNOG PREGOVARANJA

PROŠIRENO DEJSTVO KOLEKTIVNOG UGOVORA KAO NAČIN UNAPREĐENJA KOLEKTIVNOG PREGOVARANJA

Author(s): Bojan Urdarević / Language(s): Serbian Issue: 2/2021

Collective bargaining is a process of joint decision-making in which the social partners, representing the interests of their membership, try, in good faith, to determine the content and conclude the collective agreement. In this sense, collective bargaining is a way to resolve many issues related to the work process, to the satisfaction of all parties.In a context in which labour markets are characterized by inequality and uncertainty, the extension of the collective agreement is a key public policy instrument for the promotion of collective bargaining in general. However, certain principles must be represented to allow as many workers as possible to be covered by the extended effect of the collective agreement. These principles are set out in Collective Agreements Recommendation no. 91 of International Labour Organization and need to be followed to ensure respect for the free and voluntary nature of collective bargaining.With the fourth industrial revolution, the world of work changed radically, but the institute of the extended effect of the collective agreement can offer some answers to new circumstances, such as the increase of flexible forms of work and employment, migrant workers, or posted workers.

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(NE)OPRAVDANOST PRIMENE RADNOPRAVNIH PRAVILA O ZAŠTITI OD OTKAZA NA SAMOZAPOSLENA LICA

(NE)OPRAVDANOST PRIMENE RADNOPRAVNIH PRAVILA O ZAŠTITI OD OTKAZA NA SAMOZAPOSLENA LICA

Author(s): Katarina Vidanović / Language(s): Serbian Issue: 2/2021

In this paper the rights of employees and self-employed persons and the distinction between them are analysed, with the special focus on dismissal protection. Using the comparative and normative method, the author analyses these legal questions in legal systems in Spain, Austria, the United Kingdom of Great Britain and Nothern Ireland, and the United States of America, including the existence of the mid-category of semi-dependent self-employed persons in the first three abovementioned jurisdictions and practical consequences of their existence.Dismissal protection of self-employed persons represents a legal question that is not sufficiently researched in comparison to the dismissal protection of employees. The hypothesis of the author in this paper has been based on the opinion that self-employed persons who work for others are justifiably deprived of dismissal protection, unlike semi-dependent self-employed persons who are unjustifiably deprived of it, especially because the second mentioned category does not experience entrepreneurial risks and chances. Also, the question of dismissal protection of self-employed persons is very relevant when we consider the amount of misuse of this occurrence and cost savings which employers often have when employing them. In the end, de lege ferenda solutions and their implications for other legal systems are proposed by the author of the paper.

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CRIZA COVID-19: PROVOCĂRI PENTRU PIAŢA MUNCII DIN ROMÂNIA

CRIZA COVID-19: PROVOCĂRI PENTRU PIAŢA MUNCII DIN ROMÂNIA

Author(s): Simona Ilie / Language(s): Romanian Issue: 2/2020

The paper draws attention to the impact of the COVID-19 context on the labor market. Based on the secondary data analysis, a classification of the economic branches regarding the risk of affecting the activity is sketched. The higher risk tends to complement other employment vulnerabilities (lower wage level, higher share of selfemployment). The Romanian protective measures of employment and incomes fit the European practices of the current context. However, there is a risk of not being able to respond adequately to the increase of poverty and inequality.

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OCUPAREA PE PLATFORMELE DIGITALE ÎN CONTEXTUL CRIZEI COVID-19: STUDIU DE CAZ ASUPRA PERSONALULUI DE LIVRARE

OCUPAREA PE PLATFORMELE DIGITALE ÎN CONTEXTUL CRIZEI COVID-19: STUDIU DE CAZ ASUPRA PERSONALULUI DE LIVRARE

Author(s): Delia Bădoi / Language(s): Romanian Issue: 2/2020

The article intends to critically analyse the implications of economic precariousness integrated into the platform work of food-delivery sector. The recent context of labour market crisis caused by the COVID-19 virus and assisted by the labour policy changes have brought recently on the public agenda the subject of digital employment. However, at the academic level, this subject has been sporadically analysed, marginalizing the dimensions related to the risks and vulnerabilities associated with the precarization effect on digital work. Therefore, by combining different analytical angles, focusing on the socio-economic conditions and vulnerability of workers from the food-delivery sector, the article aims a synthetic analysis of the association between precarious work, the accelerated digitization of work caused by COVID-19 and the phenomenon of flexible employment. Thus, there are two approaches in the proposed article demonstration: first, the article will provide information on the political and economic context of the Romanian labour market before the COVID-19 pandemic crisis and will present the current situation of precarious employment and minimum wage policy. Secondly, the analysis will be focused on digital employment in the platform-based food-delivery sector in Romania, with a case study on the delivery staff situated in the first line exposure to the COVID-19 virus.

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An Exploratory Study on American- Born Imams: Negotiating Pastoral Responsibilities and Expectations

An Exploratory Study on American- Born Imams: Negotiating Pastoral Responsibilities and Expectations

Author(s): Anas Askar / Language(s): English Issue: 3/2021

Symbolic interactionism, applied in the context of Muslim clerics, suggests that society is constructed based on lived experiences and shared symbolic meanings where people see themselves and the social environment through the eyes of others. For this study, data collected from in-depth interviews were examined to investigate the viewpoints and occupational pathways of American born imams. Thus, this study explored the responsibilities assigned to imams and their communal objectives. Overall, this study found several challenges that imams experienced, professional and organizational. Utilizing symbolic interactionism, these issues were explicated, and the following overarching themes were generated: imams received inadequate training as religious leaders in their communities, relationships between the mosque board and an imam can directly reinforce or mitigate a challenging work environment, and it is most advantageous for American communities to hire American-born imams over foreign-born imams. The findings indicate that organizational support extended to imams from mosque boards leads to not only an amicable relationship but more productive community engagement.

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Bezrobocie instytucjonalne w teorii i praktyce gospodarowania

Bezrobocie instytucjonalne w teorii i praktyce gospodarowania

Author(s): Wacław Jarmołowicz,Beata Woźniak-Jęchorek / Language(s): Polish Issue: 1/2011

The Institutional approach contributes significantly to the contemporary science of economy. It brings new ideas regarding fundamental aspects of the role of this science in society in general and its position in the social process of taking economic decisions in particular. An important part of this field is everything that can be related to the labour market and unemployment. The main target of this dissertation is therefore to determine the nature as well as causes and effects of so-called institutional unemployment. This phenomenon will be analyzed based on the main thesis and assumptions of institutional theory in the science of economics.

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The European Trade Union Confederation – more than the sum of its parts?

The European Trade Union Confederation – more than the sum of its parts?

Author(s): Barry Colfer / Language(s): English Issue: Spec 7/2019

The European Trade Union Confederation (ETUC) represents some 45 million trade union members from eighty-nine national trade union confederations and ten European Industry Federations from thirty-nine countries. In 2019, ETUC entered its forty-sixth year and marked its fourteenth quadrennial Congress in Vienna where delegates intervened to shape the work plan and direction of the organisation for the coming four years and to elect a new Executive Committee. This article takes stock of ETUC’s background and primary activities and considers whether ETUC enhances the power and influence of its members, despite the challenging environment in which trade unions in Europe reside in the 21st century. In so doing, the article assesses the strengths, weaknesses, opportunities and threats facing the organisation, which remains the largest civil society organisation in Europe.

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Strengthening the links between education and the labour market.

Strengthening the links between education and the labour market.

Author(s): Varvara Lalioti / Language(s): English Issue: Spec 7/2019

In the wake of the financial crisis and the associated austerity measures, the relationship between education and the labour market and, more specifically, the means for strengthening this, have attracted the attention of various groups of stakeholders at European and national level. This growing interest, which, among other things, has put skills and the skills mismatch at the centre of debate, is largely associated with the view that the absence of strong links between education and the labour market is a source of multiple negative outcomes, such as higher inequality and lower social cohesion. In contrast, a closer connection between the two fields is often regarded as crucial to attaining positive outcomes, such as improvements in the labour market integration of individuals and increased job satisfaction. Against this backdrop, the present paper sheds light on the case of Greece in a European context. Drawing on extensive desk research, the analysis reveals, first, that the country has long suffered as a result of poor links between education and the labour market, as exemplified by the relatively high rates of unemployment among graduates of higher educational institutions. Moreover, the foregoing relationship appears to have deteriorated during the years of crisis and austerity. Second, it is argued that the same period saw the start of a debate on strengthening the ties between education and the labour market, as reflected, inter alia, in the growing importance attached to identifying skills needs and tackling the skills mismatch, and to the promotion of policies in this area. Overall, this trend is in line with broader trends at the European level that favour strong(-er) links between education and the labour market, illustrative of which is the increasing attention paid to ways of dealing with the skills mismatch and the establishment of relevant mechanisms to assist with this. Further action needs to be taken in Greece, however, in order not to jeopardize the progress made and to guarantee that new mechanisms and other existing policies are capable of fulfilling their declared goals.

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Opozycje aksjologiczne w wybranych uchwałach Izby Pracy i Ubezpieczeń Społecznych Sądu Najwyższego kwestionowanych złożonym votum separatum

Opozycje aksjologiczne w wybranych uchwałach Izby Pracy i Ubezpieczeń Społecznych Sądu Najwyższego kwestionowanych złożonym votum separatum

Author(s): Maciej Wojciechowski / Language(s): Polish Issue: 4/2020

The object of the study the findings of which are presented in this article is the written statements of reasons of selected resolutions issued by the Polish Supreme Court and the dissenting opinions submitted in opposition to them. The situation of this type constitutes a relationship of two or more standpoints regarding a problem presented to a bench, referred to in the text as an opposition. The aim of the article is to offer a typology of opposition that can be reconstructed as a result of a dissenting opinion being submitted. It encompasses axiological oppositions in the strong sense and interpretation oppositions (axiological in the weak sense). Axiological oppositions in the strong sense take the form of unipolar or bipolar opposites. The examined group of resolutions has given grounds to also isolate doctrinal disputes as well as disputes over the legal nature of a given institution. The article, however, focuses only on axiological opposites. The cognitive value of the conducted analyses lies: (1) in the identification of the limited role of interpretation guidelines on the level of written statements of reasons, and (2) in the identification of the dissimilarity of situations where a votum separatum becomes an expression of an equal standpoint on the grounds of ius interpretandi considered in broad terms and situations where a votum separatum is a dissenting opinion not so much against a decision that has been made but against the legal regulation that has required this decision to be as it is.

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Ochrona danych osobowych w działalności społecznej inspekcji pracy

Ochrona danych osobowych w działalności społecznej inspekcji pracy

Author(s): Teresa Wyka / Language(s): Polish Issue: 1/2021

Social labour inspectorate, as a special form of unionised representation of employees’ interests, has the right to control employers in the field of their compliance with the provisions of the labour law in place. Exercising this controlling function involves the need for a social labour inspector to access the information and documents that may contain personal data of employees. The study advances a thesis that a social labour inspector is an entity processing personal data of employees on behalf of a company trade union organisation – who is the controller of these data, and the grounds for the processing of personal data of employees are the relevant provisions of the GDPR. The theses proposed in the study aim to challenge the Constitutional Tribunal’s standpoint regarding a social labour inspector’s right to obtain personal data. The problems addressed in the study have not been a subject of the existing views of legal academics and commentators, nor have they been covered in the established line of judicial decisions yet.

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