Kriza sindikata i mogući pravci njihove reforme

Author(s): Mario Reljanović / Language(s): Serbian Publication Year: 0

Trade union membership has been declining in recent decades. They are becoming less popular for several reasons: the nature of jobs that dominate is changing and new professions are often individualistic; predominant forms of work are becoming flexible and geared towards reducing workers’ rights (especially collective ones); trade unions are cumbersome bureaucratized structures that cannot respond effectively to labour market challenges and changes. The research follows the stated causes of the trade union crisis from the perspective of the countries of Southeast Europe, a region that sees its future mainly in the »race to the bottom«. The implications of such state policies are multiple and they are felt in the trade unions themselves, ie union–active workers. Identifying the causes and finding an alternative are the main goals of the research. The initial hypotheses are pointed in two directions. On the one hand, it is shown that the existing symbiosis of state policy makers and owners of capital, significantly affects the possibilities of realization of collective rights of workers. On the other hand, a theoretical model of a »new union« is being introduced in order to respond to some of the challenges posed, making the idea of collective strength and solidarity attractive to workers again, while adapting to the new reality of social relations, labour market movements and aggressive neoliberal policies of diminishing labour rights. The research begins with a brief review of the legacy of the previous system of socialist self-governing relations in Yugoslavia. Then, a cross-section of normative solutions and the factual state of trade unions is made in selected countries - Croatia, Serbia and Hungary. In the next part of the research, based on the previous review, the most important conclusions concerning the trade union crisis in this region are sublimated. Finally, the last part of the research is devoted to concluding remarks, and alternative solution to the actions of the trade union in the existing unfavorable circumstances is offered.

Socijalno ekonomski savet i sindikat

Author(s): Duško Radosavljević / Language(s): Serbian Publication Year: 0

This paper discusses the participation of Serbian trade unions in political processes, focusing on their attempt to restrain capitalism through the participation in the activities and functions of the Social and Economic Council. One of the main objectives of this paper is to establish whether the Social and Economic Council is an agent in the promotion and support of a different model of social and economic relations in which trade unions are actively involved, or a tool which the government and employers use to manipulate trade unions. Another aspect of the paper is the power (or the lack of it) of Serbian trade unions in general. This opens a host of questions related to various issues, from the current situation in Serbia, organization and functioning of the state, rule of law, to Serbian involvement in the Euro-Atlantic integrations, to whether there is a genuine desire among the political, economic and intellectual elite to support the transformation of Serbian society into one governed by rule of law and informed by social dialogue.

Da li su sindikati u Srbiji zmaj od papira?

Author(s): Aleksa Nešić / Language(s): Serbian Publication Year: 0

The changes and additions to the Labour law of the Republic of Serbia in 2014 were a legal turnpoint regarding labour related rights in Serbia. The changes of the law that were adopted in 2014 have enabled easier lay off of workers and they had the general characteristics of neoliberal deregulation. The privatisation process in Serbia has been accelerated by the changes of the Labour law, enabling investors to hire and fi re workers much easier. In this study we shall take a look at the specifics of the socialist social organization of Yugoslavia and how did it influence the development of the privatisation process in Serbia and what was the role of unions in the period after the political turmoil of October the fifth 2000. and whether the unions defended the interests of the working class, with special focus on the case of the adoption of changes to the Labour law in 2014. The unions we will focus on are the largest, so called representative unions that have the leading role in the workers movement of Serbia. Through the example of union activities surrounding the period when the changes to the Labour law were adopted, and also through the analysis of the general activity of these unions we will try to reach an understanding of the methods these unions use and how do they affect the socioeconomic position of the working class in Serbia. It is important to emphasize that this is an area with extremely scarce sources for studying, especially regarding the events from 2014 and unfortunately there are almost no archive materials that would enable a concrete insight into the specific circumstances that surrounded the period around the adoption of the changes of the Labour law. This is why this study uses many media reports and other publicly available resources as it’s main source for informations about this topic.

Caring for Carers: an Analysis of Informal Care Policies in Bosnia and Herzegovina

Author(s): Not Specified Author / Language(s): English

Informal care comprises unpaid care services provided in the private sphere of the home, as part of pre-existing relationships with relatives, spouses, friends or neighbours. Informal care is often the only form of long-term care which many persons in need of care can access at all, and is a significant, and internationally increasingly widespread component of long-term care.ii As the formal long-term care system in Bosnia and Herzegovina is underdeveloped and plagued with many shortcomings, primarily manifested in the form of limited access to services and insufficient allowances for the users, the burden of caring for care-dependent persons has been shifted for the most part into the sphere of informal care. Yet informal carers are completely neglected in long-term care policies and receive no support – whether in the form of services or financial compensation – to make the task of providing care easier or improve the informal carers’ well-being.

Poglavlje 19: Socijalna politika i zapošljavanje

Author(s): Snežana Kaluđerović / Language(s): Montenegrine Publication Year: 0

Zvanični podaci ukazuju da je u Crnoj Gori najviše nezapošljenih visokoškolaca u starosnoj grupi 18-25 godina i to 1.708 ili 37,32%, a zatim u starosnoj grupi 25-30 godina 1.429 ili 31,22%. Takođe, na tržištu rada je i više od 100 magistranata kao i 5 doktora nauka. Cilj EU je da se svakoj mladoj osobi koja završi školu ili fakultet ponudi posao, pripravnički staž ili dodatno usavršavanje u roku od šest mjeseci od trenutka završetka škole odnosno studija. Stopa nezapošljenosti u Uniji je u maju 2011. iznosila 8,3%, dok je stopa nezapošljenosti u Crnoj Gori u rastu, i iznosi po zvaničnim pokazateljima više je od 12%.

Brief Considerations on the International Dimension of Amending an Individual Employment Contract

Author(s): Ana Vidat / Language(s): English Publication Year: 0

The aim of the paper is to analyse how the legal institution of the modification of the individual employment contract is regulated in (comparative) international law – so as to facilitate labour mobility and remove restrictions based on nationality or other specifically national reasons. The desire to highlight the features of amending an individual employment contract was motivated by the fact that labour mobility – with migration as the main outcome – has a particular impact on the development of the labour market. In order to achieve the objective of analysing various legal systems from a comparative perspective – with a view to identifying the specific features – it should be pointed out that adapting a work activity to technological or economic change may require changes to the individual employment contract under which that activity is carried out, given the inherent dynamism of employment relationships.

Katılım ve Konvansiyonel Sigortacılığının Belirleyicileri

Author(s): Muhammed Hadin Öner / Language(s): Turkish Publication Year: 0

The financial system has become a complementary and indispensable actor of the economies of the countries. The insurance sector, which is included in the financial system, has an important place especially in developed countries. Insurance in developing countries has reached a high growth volume. The interest of investors in the sector is increasing. At the same time, researchers and academics are also working intensively on insurance. The analysis of the factors affecting the development of insurance is important for the development of the sector and to reach its expected potential. This study focused on examining the factors affecting the development of the participation and conventional insurance sector in Turkey. Panel data analysis method was used the data of 2009Q4-2022Q2 period. According to the findings of the research, it was seen that gdp, bank size, foreign trade volume, interest rate and social security expenditures had a positive effect on the insurance sector. COVID-19 had a negative effect. It was determined that the inflation variable affected the insurance sector both positively and negatively. Participation and the development of the conventional insurance industry will gain importance through in-depth analysis of these findings.

Elderly Services Policies of Emerging Markets withinside the Context of Silver Economy (The Case of the Ministry of Family and Social Services of the Republic of Türkiye)

Author(s): Adnan Söylemez,Hakkı M. AY / Language(s): English Publication Year: 0

As one of the essential political troubles of the twenty first century, populace getting older brings with it various demanding situations and possibilities for all societies. Keeping human beings lively and healthful is essential to maximize the capability contribution of the aged populace and combine paintings into social and monetary lifestyles and be capable of deal successfully with rising problems. As people’s life expectancy gets longer, issues related to aging have begun to be discussed and talked about more. The concept of active aging is one of them. With this concept, it is aimed to maximize the opportunities of the elderly, who have completed their long working life and retired with their own income, in terms of health, security and participation in social life. The Turkish government transfers a share of its budget to the elderly in terms of services and aids. In addition, thanks to the social policies implemented by local governments for the elderly, elderly citizens benefit from all services, especially transportation. Thanks to these services, elderly people continue their lives without being separated from the society.

Diskriminacija žena migrantkinja na tržištu rada

Author(s): Dušan Lazić,Snježana Vasiljević / Language(s): Croatian Publication Year: 0

Uslijed visokog stepena diskriminacije i rodne neravnopravnosti, u svijetu se stvorila izuzetno velika razlika između muškaraca i žena u pogledu zapošljavanja, što izgledno dovodi do poremećaja i nepravde na tržištu rada. U uvodu autor razmatra sam pojam rodne ravnopravnosti, zatim analizira njegove bitne elemente. Centralni dio rada posvećen je analizi žena migrantktinja na tržištu rada, kroz prikaz uporednog zakonodavstva i analizu empirijskih istraživanja u različitim pravnim sistemima, kao i sudsku praksu. Također, autor nastoji da u radu identifikuje probleme koji su specifični za žene migrantkinje i njihov položaj u odnosu na muškarce migrante, a sve s aspekta diskriminacije prije svega na osnovu spola.

Предизвикателства пред индустриалните отношения в условията на дигитализация

Author(s): Valeri Apostolov / Language(s): Bulgarian Publication Year: 0

From its inception to the present day, Industrial relations are constantly undergoing changes caused both by changes and the development of technology and the organization of work. The COVID-19 pandemic has accelerated the uptake and use of digitization opportunities even faster, covering almost all spheres of work. Digitization, on the one hand, creates opportunities related to the creation of new technologies and organizational processes, but on the other hand, in terms of employment, it creates uncertainty and a threat to rental capital, specifically in relation to the production, distribution and consumption of labor. The accelerated implementation of digitization is a challenge for industrial relations because it puts pressure on labor and places a number of priorities for resolution in the field of labor law, insurance and health and safety at work.

ACTIVIST-ARTISTIC ENGAGEMENT IN CREATING A FEMINIST-ANTIMILITARIST SECURITY CONCEPT

Author(s): / Language(s): English Publication Year: 0

Problems of Administration of Disputes Arising in Connection with the Public Service: Jurisdiction and the Possibility of Mediation

Author(s): Mariia Karmalita,Maryna Pyzhova / Language(s): English Publication Year: 0

The purpose of the publication is to clarify the legal grounds for delimiting the jurisdiction over disputes arising in connection with public service and the legal grounds for applying the institution of mediation in the field of labor relations. The article examines the legal basis for determining the jurisdiction of labor disputes in Ukraine based on their subject matter and peculiarities of the subject composition of the dispute, as well as the prospects for using mediation, especially in the context of the challenges posed by COVID-19 and martial law in Ukraine. It is stated that 1) labor disputes arising in connection with public service may be considered within the framework of administrative proceedings; 2) globalization of the economy, in particular, the integration of the Ukrainian economy, requires the introduction of new effective institutions regulating market relations, and thanks to mediation, the institution of labor disputes has been able to develop in a new vector. The author analyzes the correlation between the concepts of "civil service" and "public service" and offers recommendations for their differentiation. The author formulates the concept of "dispute in the field of labor relations and public service". The legal grounds for the use of mediation in the field of labor relations and public service are substantiated. The methodological basis of the research is such methods of scientific knowledge as: dialectical, comparative legal, dogmatic, logical methods of scientific knowledge.

Brief Considerations Regarding the Work on Digital Platforms

Author(s): Ana Vidat / Language(s): English Publication Year: 0

The European Commission's recent concerns include measures to improve working conditions for working on platforms and to support the sustainable growth of digital work platforms in the EU. There is a need to regulate the area of work on digital platforms – ensuring that people working through digital work platforms can enjoy their employment rights and social benefits. Workers will also benefit from additional protection for the use of algorithmic management (i.e., automated systems that support or replace managerial functions in the workplace). A common set of EU rules will provide greater legal certainty - enabling digital work platforms to fully benefit from the economic potential of the single market and a level playing field.

ОСТВАРУВАЊЕТО НА ПРАВОТО НА ЗДРАВСТВЕНА ЗАШТИТА КАКО ГАРАНЦИЈА ЗА ПОЧИТУВАЊЕ НА ЧОВЕКОВИТЕ ПРАВА НА ЛИЦАТА ЗАВИСНИ ОД ДРОГИ ВО ДЕМОКРАТСКИТЕ ОПШТЕСТВА

Author(s): Sofka Hadžijevska / Language(s): Macedonian Publication Year: 0

Зависноста од дроги како општествен феномен постои уште многу одамна и е неодминлив процес од развојот на секое општество. Со оглед на штетните последици кои се јавуваат како резултат на користењето на дроги, зависноста од дроги речиси секогаш претставува негативна појава која го разорува не само поединецот туку и целокупното општество. Давајќи ѝ негативен предзнак на оваа општествена појава, на лицата кои користат дроги или на лицата кај кои е веќе развиена зависноста од дроги исто така се гледа како на непосакувани лица, отфрлени од општеството. Според тоа, иако гарантирањето и почитувањето на човековите слободи и права претставува темелна вредност на секое демократско општество и воопшто на градењето и функционирањето на демократските држави, лицата зависни од дроги најчесто се ограничени во остварувањето на своите права токму поради негативниот став на општеството кон нив. Со други зборови овие лица влегуваат во една од најмаргинализираните категории на лица, кои се соочуваат со социјална исклученост предизвикана од постоењето на предрасудите, стереотипите и високиот степен на дискриминација и стигматизација од страна на општеството. Иако голем дел од државите преземаат разновидни институционални мерки и активности за надминување на овој проблем, водејќи полиберални политики за дроги со цел да се подигне свеста на населението за овој секојдневен феномен, сепак фактот дека лицата зависни од дроги се ограничени во остварувањето на своите права, останува карактеристика на демократското општество. Не земајќи го предвид нарушувањето на личниот интегритет и достоинство на лицата зависни од дроги поради дискриминирачкиот однос од севкупното население, а во голем дел и од државниот апарат, овие лица првенствено имаат потреба од остварување на правото на здравствена заштита токму поради последиците кои користењето на дроги ги предиз- викува по здравјето на поединците од една страна и потребата од третман и лекување на зависноста од дроги од друга страна. Според тоа, остварувањето на правото на здравствена заштита од страна на државата, на -- лицата зависни од дроги не само што ќе им овозможи достоинствен и квалитетен живот, туку ќе придонесе и кон намалувањето на зависноста од дроги како масовна општествена појава.

Относно специалната закрила на труда на непълнолетните в областта на платения годишен отпуск

Author(s): Iliyana Sabinova / Language(s): Bulgarian Publication Year: 0

In the present research the paid annual leave of the minor worker or employee is considered as a part of the special protection of the adolescent labour. The preconditions of the emergence of the right of paid annual leave, its duration, the different opinions expressed about its type and its use with priority in the summer have been analyzed. In relation to minors, a conclusion has been reached about the necessity of change of the legal requirement for minimum work experience as a condition for the use of paid annual leave.

Защитата на правото на синдикално сдружаване като специфичен вид предварителна престъпна дейност

Author(s): Yanaki Yanakiev / Language(s): Bulgarian Publication Year: 0

The protection of the right to join a trade union was established in the penalty code for the first time with the changes of August 2023. The report draws attention to the issues related to the historical development of the right to trade union and those concerning the international and domestic legal framework in which it develops. In the second part, the legal characteristics of the right to trade union association and its peculiarities are examined. The third part is devoted to the norm of Art. 174b, the signs of composition regarding its object, objective side, subject, subjective side were researched. Some shortcomings in the text are noted, as well as an option to overcome them. In the last part, the norm of para. 2, Art. 174b is considered as a specific type of preliminary criminal activity.

How can the reform of the State Labour Inspectorate help combat undeclared work?

Author(s): Stas Madan / Language(s): English

Informal employment and envelope wages are still part of the economic reality of the Republic of Moldova. This is manifested by the fact that almost every 4th employed person works informally. Societal perceptions of envelope wages point to around 30 percent of the labour remuneration fund, and as a result the revenue lost to the public budget exceeds 7 percent of GDP. From a self-interest point of view, it suits both employees (desire for higher income, people's distrust of the social contract, perceptions regarding the quality of public services) and companies (permanence of cash flows, perceptions regarding high compliance costs, low costs of non-compliance). The low costs of non-compliance are also due to the fact that the State Labour Inspectorate (SLI) has no real leverage to fight informal work. This institution may not carry out unannounced checks and may not impose any penalty, which is also in contradiction with the international conventions of the World Labour Organization to which the Republic of Moldova is a party. Thus, the analysis addresses institutional vulnerabilities in countering undeclared and under-declared work and the provisions of the ongoing reform of the State Labour Inspectorate. At the same time, recommendations for the successful and impactful implementation of the given reform are presented.

ПРАВОТО И БИЗНЕСЪТ В СЪВРЕМЕННОТО ОБЩЕСТВО

Author(s): / Language(s): Bulgarian

The book is published as a result of a national scientific conference “The law and the business in the contemporary society”, which took place at 19 October 2023 in the University of Economics – Varna. The scientific forum was organized by the Legal sciences Department – project SPF – KC 24 - LBCS, pursuant to contract for partial financing of scientific forum according to Regulation for the conditions and order of evaluation, planning, distribution and spending of funds from the state budget for financing of the inherent for the state higher schools scientific or artistic activity, promulgated State Gazette 73/16.09.2016, effective of 01.01.2017, adopted by decree of the Council of ministers № 233 /10.09.2016 г.

The 2018 Special Law for State Housing Construction and its Implementation

Author(s): Nemanja Nenadić / Language(s): English

The government’s decision in 2017 to embark upon a programme to build housing for members of the security forces was followed by the adoption of a “special law” that governs the implementation of this programme somewhat differently to existing regulations.The government’s decision was not properly justified: either in terms of considering the various financial approaches to solving the same problem, or from the point of view of legal proceedings.A special law was passed in Serbia to legislate construction of government-subsidised flats across Serbia, which employees in the security forces would buy under standard market prices. The government has justified this legislative approach by calling upon national security. However, the Government’s decision to address the housing needs of security sector employees in this way and not through some other measures, was not properly justified. The special law has foreseen numerous deviations from the public procurement legislation for the sake of urgency, but in practice, there have been significant delays in the project implementation. Also, by comparing initial announcements and actual contract values, it could be estimated that the project costs would be up to 20% higher than was envisaged at the beginning. Procurement of construction services was marred by insufficient transparency and dubious phenomena such as discriminatory capacity requirements from bidders and low competition.

Visit to the Serb Enclaves - Report of the Helsinki Committee for Human Rights In Serbia - Priština Office (March 2009)

Author(s): Not Specified Author / Language(s): English

Many Serb returnees in Klina face unresolved property and compensation issues, such as taxation during displacement, lack of documentation, and exclusion from privatized employment opportunities. Despite financial and infrastructural support from local and international institutions, high unemployment and limited Albanian engagement hinder sustainable return. However, projects like the repatriation to Klinavac, supported by dialogue and investments, have shown promise, with returnees reporting positive interethnic relations and improved living conditions.