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Kontrowersje w zakresie stosowania konstrukcji nadużycia prawa w prawie pracy indywidualnym i zbiorowym

Author(s): Małgorzata Gersdorf / Language(s): Polish Issue: 3/2015

The concept of the abuse of law has been continuously present it the practice of labour law. It remains needed as long as there exists a risk of the abuse of the dominant position of the employer over the employee. However more and more often the clause is called to justify employers’ claims to the employee. Also the activities of the parties of collective labour relations tend to be assessed as and abuse of law. The broad use of this concept must be criticized as it weakens the certainty of law, often without firm reasons.

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Problem mobbingu w orzecznictwie sądów polskich z perspektywy dziesięciolecia obowiązywania art. 943 k.p.

Author(s): Maria Bosak / Language(s): Polish Issue: 3/2015

The article is devoted to mobbing issue carried out from the perspective of decade of rule in the body of the Polish Labour code. The development has been enriched with a wealth of case law and judicial views of doctrine, clarifying doubt emerging on the occasion of the practical use of these regulations. In the summary, but the position of the author, recourse was made to statistics compiled by the Ministry of Justice of the last few years, which were the subject of lawsuits concerning mobbing.

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Z problematyki prawnej zatrudnienia w niepełnym wymiarze czasu pracy

Author(s): Jerzy Wratny / Language(s): Polish Issue: 3/2015

The author discusses problems of part time work pointing out protection against discrimination of part time workers, the employee’s right to change working hours at his request, and the problem of employment of these workers in the hours exceeding working time agreed in employment contract. Proposals to amend existing legislation have been made, in particular the recognition of all number of hours worked over the agreed working time as overtime hours with all consequences.

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Rola Kodeksu pracy w ochronie dóbr osobistych stron stosunku pracy

Author(s): Teresa Wyka / Language(s): Polish Issue: 3/2015

According to the thesis proposed in the article the Labour code does not ensure equal level of protection for both parties to the employment contract. It evidently gives preferential treatment to the employee, for the protection of employees’ personal value is a fundamental rule of labour law. It is suggested to introduce the rule of the employer’s personal values protection as one of the de lege ferenda conclusions. It would lead to a change in the perception of the protective role of labour law as a factor ensuring protection for both parties to the employment contract.

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ADJUSTMENT OF PENSIONS TO ECONOMIC TREND (IN YUGOSLAVIA)

Author(s): Milan J. Pješčić / Language(s): English Issue: 2/1972

The Basic Pension Insurance Act (Osnovni zakon o penzijskom osiguranju — OZOPO) of 1964, which is still in force, lays down new criteria for determining the level of pension benefits and provides for obligatory adjustment of pensions to economic trends.

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Персонално подручје примене радног законодавства – (не)поузданост критеријумâ за квалификацију субјеката радноправне заштите

Author(s): Ljubinka Kovačević / Language(s): Serbian Issue: 152/2015

Establishing the personal scope of labour legislation is a delicate task, primarily because of the need to make labour law protection available to all people, who actually perform dependent work. Labour law protection is therefore traditionally limited to people working under the power of another, although, depending on the nature of their work, the degree of their subordination to the employer’s (managerial, normative and disciplinary) prerogatives may vary. This is the main reason why legal subordination was developed as a reliable criterion for the qualification of employees. However, certain legal systems have recently started defining this term based on other characteristics of subordinated work, which leads to dilution of the traditional concept of subordination. Besides, the dilution of this concept is also caused by the introduction of legal fiction regarding employee status in favour of certain categories of workers. Although these changes have been implemented in court practices of certain countries, there is no reason to conclude that the subordination concept has been diluted beyond recognition. In this regards, one should be aware of the need to protect the persons who are engaged in a disguised employment relationship, which is why the principle of primacy of fact should be applied here. On the other hand, the emergence of new forms of work significantly dulls the edge that delineates the dependent from independent work, especially if we take into account the self-employed persons whose means of subsistence come predominantly from one employer, making them economically dependent and thereby creating the need for their special protection.

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Korišćenje i zaštita pojedinih instituta prava intelektualne svojine kod franšizing ugovora

Author(s): Ivanka Spasić / Language(s): Serbian Issue: 1/2014

Franchising business concept, realized in practice by franchising contracts, has the elements of many legal institutes. Among the most important, crucial for its realization, are the institutes of intellectual property rights. In the corpus of intellectual property rights, generally used in franchising, the most important ones are kinds of undisclosed informations; at first, the institute of know-how, and, the other rights very similar to it. These institutes are trade secrets (generally considered as a special part of know-how). This article is dealing with use of know-how and the trade secrets in franchising contracts, at first in the master franchising contracts (because the master franchising contract is the most interesting and the most complicated of all franchising agreements), but into the franchising contract in general, also. Besides the use of know-how and trade secrets, as the most important institutes of intellectual property rights for franchising method of business, author is analyzing the question of the protection of those institutes in franchising contracts.

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Transitions Online_Around the Bloc-Baltic States Fear Demographic Collapse

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Transitions Online_Around the Bloc-Baltic States Fear Demographic Collapse

Author(s): TOL TOL / Language(s): English Issue: 10/31/2017

Will economic migrants heed the calls by Lithuania and Latvia to come home?

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Diskriminacija na radu – zakonodavstvo i iskustva SAD

Author(s): Mario Reljanović / Language(s): Serbian Issue: 1/2009

Faced with various forms of discrimination of some vulnerable groups in the sphere of employment, working relations and working condition, USA started in 1960’s to shape up antidiscrimination system in employment practices. During last four decades, the system grew and evolved, with continuous adoptions of new pieces of legislation. Central organ in proceedings for elimination and punishing of discrimination practices is independent body elected by the President of the USA and Senat, Equal Employment Opportunity Commission (EEOC). EEOC practice, as well as the judiciary practice of competent district courts, led to broad interpretation of the regulation and evolution of the perception of the discrimination phenomenon, as well as to highly rigorous system for punishing employers whom discriminated their employees. However, this system present some obvious shortcomings, since the discrimination rate over last two decades stays equally high, while employment discrimination hasn’t been eradicated even in the fields of sex, racial and ethnic discrimination, which were the first vulnerable groups to be protected by the antidiscrimination laws. Also, in recent years significant attention is dedicated to education of both employers and employees, as the most efficient way to prevent employment discrimination practice of developing at the first place. This paper tries to make an overview of all these different aspects of employment discrimination and various ways of its prevention and suppression, but also to make some valuable lessons for the future Serbian legislation in this area.

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THE INFLUENCE OF LEADERSHIP STYLES ON EMPLOYEE’S PERFORMANCE

Author(s): Liridon Veliu,Mímoza Manxhari,Visar Demiri,Liridon Jahaj / Language(s): English Issue: 2/2017

The Leadership style is the most prevalent factors that influence employees’ attitudes and behaviors including organizational commitment. Organizations need employees who are committed in their work so that they can contribute to the survival of the organization in the marketplace competition. The emphasis is on how managers in organizations can get effective leadership style to achieve set goals. The study has examined the leadership style and their effect on employee performance.The purpose of this study is to understand the effect of different leadership styles on employee performance in an organization. This paper is intended to identify which leadership style achieves positive influence on employee’s performance. The population of the study were the private enterprise manager (Medium and Large sized enterprise) in Kosovo. Data collection was made through questionnaires, and the constructs used were adapted from prior research and already tested for reliability. For the study we used a structured questionaries’ and the data analyses where made through statistical package for social sciences. Finally analysis will be made to identify which leadership style achieves best in terms of employee’s performance.

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SKILLED SEAPORT WORKER’S PROFESSIONAL VOCATION MANAGEMENT AT THE ANTHROPOLOGICAL LEVEL OF THE SEASHORE ENVIRONMENT

Author(s): Saulius Lileikis / Language(s): English Issue: 2/2017

One of possibilities to develop and naturally manage the professional vocation of a future skilled seaport worker is the knowledge of the natural vocation as an automatic expression of the human nature. The environment of the seaport as a seashore helps the personality perceive oneself in his/her own natural existence, discover the anthropological similarities and human symbols of the seashore related to the natural human ambivalence. The object of the research is an anthropological interpretation of the seashore in order to develop the natural professional vocation of a future skilled seaport worker. The main methods of the research are as follows: scientific literature analysis, interpretation, heuristic method and systemization. The methodological principles are existentialism, humanism, symbolic interactionism and psychoanalysis. The type of the research is theoretically descriptive. The anthropological level of the natural professional vocation of a future skilled seaport worker is discussed in the paper by revealing four dimensions - the limit, the creative decision-making, the professional identity and ecology. The results of the research can be applied by preparing skilled seaport workers at the anthropological, psychoanalytical and ecological levels.

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Залучення профспілок до здійснення нагляду і контролю за додержанням законодавства про працю у період установлення радянської влади в Україні

Author(s): H. V. Terela / Language(s): Ukrainian Issue: 139/2017

In the article, on the basis of the conducted analysis of the resolutions, instructions, subtitles of the People’s Commissariat of Labor of the UkrSSR, the memoranda of the local departments of labor as well known and for the first time discovered in the archival funds, it was determined that the factory and plant committees and local service committees, being primary centers of All-Russian Central Council of Trade Unions, served as a low authority to legislation on labor legislation maintenance. For this purpose, under the factory committees and trade unions permanent commissions were established for labor protection. The order of the involvement of trade unions to the election of labor (legal), out of district and sanitary labor inspectors, controllers of the People’s Committee of state control is analyzed. It was clarified that in practice the involvement of trade unions in the activity of supervision and control bodies in the field of labor was not as active as it was decreed, and was partially replaced by the party representation. It is confirmed that due to proclaimed at the tenth congress of the Russian Communist Party (Bolsheviks) the necessity of full transfer of functions on labor protection from the People’s Commissariat of Labor to the All-Russian Central Council of Trade Unions, the Labor inspectorate joined the board of trade unions with the preservation of all its state-compulsory functions, including control over the implementation of labor service, the fight against desertion. It is concluded that after the events of 1917, trade unions lost the role of antipodes of state power and began to play the role of its active ally, which stemmed from the class nature of the state of the proletariat, which was declared as a defender of the interests of workers.

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Competences of a Career Advisor – European Implications

Author(s): Małgorzata Krawczyk-Blicharska / Language(s): English Issue: 28/2016

The dynamic development compelled to greater flexibility and transformation of the labor structures and to transmission from management based on the job and workplace idea to competence-based systems. The era of knowledge-based economy changed the market from the “labor market” to the “competence market”. Those changes entailed implications for the competence profile, i.e. the type of required skills of an individual wishing to live, work and develop now and in the future. The objective of this article is to present the competitive values promoted in the contemporary society, paying special attention to the competences of a career advisory in the multicultural European social space.

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A New Function of Prison Industry and Private Prisons in Developed Countries, and the Possibility of their Implementation in the Republic of Serbia

Author(s): Emil Turković / Language(s): English Issue: 4/2017

In the 1990s, various countries had a different approach to the problems related to prisoners’ labor. In the United States, the concept of prison labor could survive only in such developed states as New York, Pennsylvania and Massachusetts which could cope with the burden of keeping unproductive prisons. Under the impact of the penal reform and upon the adoption of new penal legislation in these states, the old American tradition of labor prisons gave way to a new standard which implied that convicted offenders had to learn different crafts while in prison but they were excluded from the public labor market when at large. The new industrial program, which was thus engendered, has significantly contributed to spreading the reformist functions of prison labor. Organized prison labor had always been strongly supported by penal reformers in the north of the United States but, in the mid-1980s, as the penal reformers moved away from that part of the United States, the concept of organized prison labor no longer had a significant political and legislative impact. The influence of penal reformers and the idea of instituting convict labor (but without competition in the labor market) had a strong influence on government politicians both at the federal and state government levels. The reformers endeavored to ensure the prisoners’ welfare and enable all prisoners to work and participate in the labor market as competitive workforce, both by leasing their labor and through the sale of final products on the free market.

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Wykorzystanie laboratorium innowacji i-Lab2 w rozwijaniu kompetencji kluczowych potrzebnych na współczesnym rynku pracy

Author(s): Agnieszka Długosz,Anna Koziorowska / Language(s): Polish Issue: 1/2017

The contemporary labor market is very demanding for employees. Nowadays, it is important for an employee to have not only knowledge and practical skills needed for the job, but also many special features which translate into key competences. Mastering them can help young people adapt to the changing demands of the labor market. In developing key competences needed in today's job market (i.e. communication skills, group work, creative thinking, learning, initiative, creativity, IT competencies) the i-Lab2 Innovation Laboratory, which was created at the University of Rzeszów within the framework of the Leonardo da Vinci project in the years 2013-2014, can be successfully used

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Kwestionowanie ważności umowy o pracę przez ZUS w aspekcie prawidłowości ustalania obowiązku ubezpieczenia społecznego

Author(s): Michał Czarnecki / Language(s): Polish Issue: 3/2016

The paper analyses challenging the validity of an employment contract by the Social Insurance Institution, in the course of a control of correctness of the determination of the social insurance obligation that results from the employee status. In the first part, the author analyses the problem of a fictitious contract and acting against the law or with the intention to circumvent the law, or contrary to the principles of community life. He indicates documents and information that are most often requested by ZUS, and describes the situations which are most thoroughly examined. In the next part, following issues are examined: the existence of an employment relation, salary, employing relatives, concluding the employment contract in order to register for insurance purposes and the situation of pregnant employees or employees shortly before retirement. The paper is concluded with the most frequent arguments for, or against the existence of employment and the most advantageous practices to litigate with the ZUS are described.

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Monitoring w miejscu pracy – refleksje na tle aktualnego stanu prawnego

Author(s): Magdalena Kuba / Language(s): Polish Issue: 1/2014

The purpose of this paper is to attempt an evaluation of the legal regulations relating to the issue of monitoring in the workplace. The Author defines sources of the employer’s right to control the employee and analyses the limits of this right. Finally, the Author states some provisions of conducting monitoring in the workplace.

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Długoterminowa umowa o pracę na czas określony

Author(s): Michał Kacprzyk / Language(s): Polish Issue: 1/2014

One of the main provisions in shaping legal obligations between the parties is the freedom of contract. Although the parties are free to choose the provisions of their agreement, the content and the aim of the contract cannot contradict the essence and nature of the contract of employment, the act and the principles of the community life. Thereby, in order to engage an employee based on a long term contract of employment for a specified period, along with a short, two weeks notice termination period, justified and rational presumptions should be in place. In other words, taking into consideration current provisions of law, long term contract of employment is acceptable; however its validity is depended on the circumstances of each individual case.

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Insurance against accidents at work and occupational diseases: the EU regulation and case law

Author(s): Valentina Ranaldi / Language(s): English Issue: 4/2017

The matter of accidents at work and occupational diseases, as the subject of insurance protection, falls within the aims of various EU rules. This is part of a more general interest of the European Union’s legislator and judges for safety and health in the workplace. In this regard, the present paper aims at analyzing the capacity for the implementation and development of an occupational safety and health management approach in the European Union. The analysis is conducted through the examination of the European legal framework governing the matter, as well as the most recent and relevant case law of the Court of Justice of the European Union on insurance and compensation of damages for accidents at work and occupational diseases. From this research an effort emerges, at the European level, to ensure safety and health standards. However, such efforts are inadequate with respect to a constantly changing labour market, characterized by less and less stable employment relationships, new working patterns and an ageing workforce. Nor are all the people concerned by those changes adequately covered by the existing health, safety and insurance legislation, as well as the increasing number of temporary workers and workers with atypical contracts.

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Equal Treatment in Employment – in Wages and Seniority

Author(s): Grzegorz Orłowski / Language(s): English Issue: 1/2011

Equal treatment in employment and the complementary prohibition of discrimination constitute basic principles of labor law (Art. 112 and 113 of the Labor Code (LC).

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