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Інтеграція України в Європейський соціальний простір: проблеми та перспективи

Інтеграція України в Європейський соціальний простір: проблеми та перспективи

Author(s): Dmitro Boichuk,Denys Chyzhov,Ihor Protsiuk / Language(s): Ukrainian Issue: 160/2023

The article is devoted to the analysis of the essence and purpose of the social state, as a state of general well-being, which is one of the key aspects of the perception of the state based on the principle of the rule of law (rule of law). The subject of the research is the following categories of jurisprudence: social legal state, European social model, European social space, social policy of the state. The purpose of the article is to analyze the main features of the social state as a model of the ideal state, the social policy of the state, the European social model, domestic achievements, problems and providing proposals for the fastest entry of Ukraine into the European social space. The research uses dialectical, systemic, structural-functional, logical, historical, comparative-legal, theoretical modeling and other methods traditional for jurisprudence. Some aspects of the development of social statehood in Ukraine are studied, namely the activity of such an institution of civil society as the volunteer movement and its influence on the formation of such a state, as well as the implementation of the social function of the state in relation to persons with disabilities. The experience of the European Union in the spheres of social protection and environmental human rights is considered. The need for further adaptation of the main foundations of the country's social direction of our state to the European social space has been identified. Based on the conducted research, the following conclusions were formulated: the welfare state marks a certain historical stage in the development of the concept of a democratic, legal state; the functioning of such a state, at the current stage of society's development, is possible in the presence of an appropriate model of the social market economy, which ensures the stability of modern society and its sustainable development; the improvement of the legal foundations of the social state at the current stage should take place taking into account the tendency to ′′green′′ the democratic, legal state, as well as the formation of the European social model and integration into the European social space; within the social sphere of such a state, the implementation of socio-economic and environmental rights enshrined at the constitutional level should be guaranteed. Recommendations are given on borrowing the experience of European countries in building a social state in Ukraine, ensuring the rights of vulnerable categories of Ukrainian citizens, along with state authorities and local self government bodies, as well as civil society institutions.

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РАДНОПРАВНИ АСПЕКТИ ОСТВАРИВАЊА И ЗАШТИТЕ ПРАВА НА ПОШТОВАЊЕ ПРИВАТНОГ ЖИВОТА РАДНИКА

Author(s): Radislav Lale / Language(s): Serbian Issue: 1/2020

The paper systematically discusses the exercise and protection of the right to respect for the private life of workers in domestic, comparative and international law. The author analyzed the positive regulation of the key aspects of respecting the privacy of employees and candidates for employment, with special reference to some specific employer control and supervision measures over the work of employees (control of the use of official means of communication and video surveillance). The author concludes that through the future amendment of primarily cogent, but also autonomous labour legislation, it is necessary to improve the protection of workers from excessive and unjustified use of different techniques and methods in exercising supervisory powers by employers, in a more comprehensive, stricter and more thorough manner. standardizing supervisory measures with appropriate administrative and judicial control.

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Tajemnica zawodowa radcy prawnego (i adwokata) a wykorzystywanie w pracy profesjonalnego pełnomocnika komunikatorów internetowych

Tajemnica zawodowa radcy prawnego (i adwokata) a wykorzystywanie w pracy profesjonalnego pełnomocnika komunikatorów internetowych

Author(s): Kamil Stępniak / Language(s): Polish Issue: 4/2022

Practicing as an attorney-at-law (or an attorney) as a profession of public trust is associated with higher standards regarding professional deontological codes. The ratio legis of such a regulation is related to the fact of providing services of the highest possible quality and fulfilling the constitutional role related to the legal protection of citizens. In order to ensure the possibility of effective practice of the profession, the legislator provided for the institution of professional secrecy. It obliges not only state authorities not to interfere with the knowledge made available by individuals to their lawyers but also obliges attorneys-at-law (and attorneys) themselves to take all measures to protect this secrecy. Instant messaging is one of the most convenient forms of communication between a lawyer and a client. However, there are doubts about the confidentiality of the messages (and other data) sent. This article answers the question regarding the disciplinary liability of a professional attorney for the use of instant messaging to transmit information covered by professional secrecy. The author analyzed data transfer security on the basis of the two most popular messengers in Poland: Messenger and WhatsApp.

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Zadłużenie składkowe jako przyczyna przedawnienia prawa do świadczeń z ubezpieczenia chorobowego przysługującego przedsiębiorcy

Zadłużenie składkowe jako przyczyna przedawnienia prawa do świadczeń z ubezpieczenia chorobowego przysługującego przedsiębiorcy

Author(s): Andrzej Kurzych / Language(s): Polish Issue: 4/2022

As of January 1, 2022, the act on monetary benefits from social security in case of sickness and maternity was amended, consisting, amongst other things, of the introduction of Article 2a, which modified the mechanism for acquiring the right to sickness insurance benefits for persons who are contributors to their own insurance. The purpose of the new regulation was to connect the acquisition of the right to benefits with the absence of a contributory debt exceeding 1% of the minimum wage, under the pain of the statute of limitations in the event of failure to settle the debt within six months from the date the right to benefits arises. The article presents the subject and object scope of the new legal regulation, discusses the concept of contributory debt, analyzes the legal nature of the statute of limitations and also points out the circumstances that may affect its course. The study makes extensive use of court case decisions regarding Article 6(2) and (3) of the act on social insurance for accidents at work and occupational diseases.

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Infrastruktura delegowania pracowników: przykład transgranicznego sektora opieki domowej

Infrastruktura delegowania pracowników: przykład transgranicznego sektora opieki domowej

Author(s): Kamil Matuszczyk,Justyna Salamońska,Anita Brzozowska / Language(s): Polish Issue: 3/2022

Although the scale of the posting of workers under the free movement of services is much lower than that of the free movement of workers, the issues around posting of workers have become increasingly important in the last few years. In particular, employers developed strategies for circumventing the law and adapting to the changing legal reality after 2014. The aim of this article is to explain the conditions under which employers, including temporary work agencies, post workers from Poland to other countries of the European Economic Area. We pose the question about the strategies and daily practices undertaken by those employers posting workers in the home care sector. Poland is an key country in terms of the number of workers posted to other countries. Employing the concept of migration infrastructure (Xiang, Lindquist 2014), we describe five main dimensions conditioning how employers post workers: social, commercial, non-governmental, regulatory and technological dimensions. The analysis of the empirical material gathered between 2018 and 2021 shows that despite the barriers and impediments in the process of posting workers, companies take advantage of particular circumstances and support offered by commercial actors. The strategies taken by employers are also influenced by the specificity of the home care industry itself, which is dominated by informal practices, temporariness and a deficit of skilled workers.

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The Experience of Citizenship and Acculturation Among Slavic Migrants in Poland

The Experience of Citizenship and Acculturation Among Slavic Migrants in Poland

Author(s): Jan Bazyli Klakla / Language(s): English Issue: 3/2022

This paper presents an excerpt from the results of research on the relationship between the experience of the legal and institutional environment by long-term Slavic migrants living in Poland and their acculturation process. It concentrates on the experience of citizenship and its connection to acculturation processes. Template analysis (TA) was conducted on data from (A) five in-depth expert interviews with migration professionals, (B) 20 biographical and narrative interviews with migrants from European Slavic countries who came to Poland between 1989 and 2010, and (C) legal and policy documents. The findings provide information about (A) migrants’perceived irrelevance of citizenship, (B) their perceived importance of citizenship, (C) the presence of formal and informal barriers to accessing citizenship status, and (D) the sense of obligation that citizenship evokes. The research argues that it is unjustified to treat citizenship uncritically as the main indicator of the effects of the acculturation process or only as an instrument that inevitably supports this process.

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Exploring the Model of Legal Consciousness Formation Among Foreigners Working in Poland. Preliminary Insights

Exploring the Model of Legal Consciousness Formation Among Foreigners Working in Poland. Preliminary Insights

Author(s): Jakub, Krzysztof Adamski,Izabela Florczak / Language(s): English Issue: 3/2022

The article focuses on the formation of legal consciousness among economic migrants from third countries to Poland as an important factor that contributes to their integration in the host country. First, the concept of legal consciousness is discussed, and a migration-adjusted model of how it is formed is proposed. As special emphasis is put on legal knowledge, an overview of the legal provisions of migration employment law is presented. Finally, based on articles and reports on economic migration to Poland, we ascertain how migrants acquire legal knowledge, what the flow of information is, where interferences are and how they impact migrants’legal consciousness. Based on articles and reports, we identify possible breakdowns in the information flow between key labour market actors (e.g. employers, public offices that manage the formal side of the employment process, and intermediaries, such as temporary employment agencies) and migrants. The complexity of regulations often leaves employers and foreign workers dependent on intermediaries. Without knowing the applicable legal provisions, much less understanding them, migrants tend to lack all types of legal knowledge. Thus, they may develop attitudes and legal consciousness based on false premises, further impacting their legal status in the host country. Even if they acquire knowledge, its quality can be questioned due to the fraud and deception that are often reported. Particularly troublesome is the limited contact between public offices and migrants, depriving them of reliable legal information.

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Музеј у кризи: распродаја прошлости

Музеј у кризи: распродаја прошлости

Author(s): Nikola Krstović / Language(s): Serbian Issue: 2/2023

The paper focuses on the critical analysis of structural and value deficiencies of the museum scene in Serbia evident in the transfer of the elements of strategic and legislation documents when applied to practical solutions. The position from which the deficiencies are observed is in the current ICOM Strategic plan and its motto “Independence, integrity, professionalism”. These three components of museum work represent the backbone of the musealisation process if it is considered as an activity of museum experts. The paper is structured in the way that follows strategic and legislation documents that are partially or in full considering the museum work in Serbia, and particularly in the segments of decision making. Deficiencies are vertically deliberated—from the concepts in (unacknowledged) the Strategy of Culture Development in Serbia, via in effect the Act on Culture and the Act on Museums to the resulted system of governance and management and, finally, insufficiently developed system of valorisation of basic museum expertise and professional promotion. Through these instances one can observe limitations and inabilities of this socially responsible activity—care for collective memory—to reach its full estimated potential. The reason is easier to verbalize then to argue—almost complete political influence on governance and management of museum institutions followed by incompetence and/or lack of (political) will of decision makers to structure the filed according to contemporary principals of the profession.

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НЕЗАПОСЛЕНОСТ КАО РИЗИК У СОЦИЈАЛНОМ ОСИГУРАЊУ

НЕЗАПОСЛЕНОСТ КАО РИЗИК У СОЦИЈАЛНОМ ОСИГУРАЊУ

Author(s): Radislav Lale / Language(s): Serbian Issue: 50/2017

The paper on a comprehensive and systematic way discusses the risk of unemployment as one of the most difficult and complex social case sin the social insurance system. The author gives an explanation of the concept and meaning of social insurance, the legal concept of the risk of unemployment, the basic assumptions of unemployment, a special attention was paid to important elements of social risk. The author concludes that domestic law does not ensure workers who are in a state of partial unemployment. However, security of workers in case of partial unemployment, in fact, exceed ,,opportunities”of our social insurance system. The author also points up that our current law overemphasized the importance of the will or guilt with regard to unemployment insurance. The behavior of worker in connection with the termination of employment is important, but at the same time one should not ignore the fact that he pays contributions in case of unemployment. If due to objective reasons (high unemployment rate, health insurance, etc.) to limit the scope of protection of the unemployed, then the basis for this should be the kind of employment or certain categories of workers, but not his will or fault. This is one of the conditions for the development of protection of the unemployed and that the system of financial insurance exceeds the social insurance system in the true sense of the term.

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ЗАШТИТА ЖЕНА И МАЈЧИНСТВА У НОВОМ РАДНОМ
ЗАКОНОДАВСТВУ ФЕДЕРАЦИЈЕ БиХ

ЗАШТИТА ЖЕНА И МАЈЧИНСТВА У НОВОМ РАДНОМ ЗАКОНОДАВСТВУ ФЕДЕРАЦИЈЕ БиХ

Author(s): Boris Krešić,Edina Šehrić / Language(s): Serbian Issue: 50/2017

The paper analyzes the protection of women and motherhood in the labor legislation of the Federation of Bosnia and Herzegovina. From the biological, social and humanitairan reasons, protection of motherhood is realized on several levels, with the entire area of social protection of families with children mainly under the jurisdiction of the entities. The situation is particularly specific in the Federation of Bosnia and Herzegovina, where the area is under joint jurisdiction of the federal and cantonal authorities. This creates certain difficulties in regulating, exercising and financing of working mothers in labor. The paper points out the disparity of the solutions in cantonal regulations regarding the exercise of such rights, and thus the unequal status of women, with regard of canton they live in. This paper provides an overview of the most important international documents regulating the issues of protection of motherhood and points out the importance and the need to harmonize national legislation with international standards. Starting from the fact that the field of protection of families with children is area of special public interest, it is necessary to take action to improve the situation in this area.

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Виклики як рушійна сила модернізації соціальної державності в Європі

Виклики як рушійна сила модернізації соціальної державності в Європі

Author(s): Alla Fedorova,Olha Holovashchenko / Language(s): Ukrainian Issue: 161/2023

One of the most significant social achievements of the twentieth century was the development and implementation of the welfare state concept within the framework of the theory of a democratic, rule-of-law state which ensures the best option for social and economic development, as well as political stability in society. It is proved that although, since the 1970s, some economists, political scientists and lawyers have periodically sharply criticized the concept of the welfare State, predicting its decline, the positive results of its transformation in European countries, as well as the development of the European Social Community within the European Union, show that the welfare State has a chance not only to survive, but also to remain one of the fundamental principles of statehood in democratic countries, and an element of the supranational organization of power embodied in the European Union. The purpose of the article is to analyze the traditional and new challenges to the welfare state which determine the change of approaches to its functioning and priorities at the current stage of development of state-legal and interstate (integration) relations. The key idea that structures the study is the thesis that European states that form a united Europe or aspire to join it, such as Ukraine, despite belonging to the same civilizational community, retain the right to choose how to respond to the economic, social, demographic, migration, environmental and climate challenges of our time. This choice determines the future of national welfare state models. In accordance with the stated goal, the article identifies two groups of major challenges: established (demographic changes, in particular, population aging; changes in the position of women in society and in the labor market; changes in the labor market; poverty and social exclusion) and new (rapid growth of emigration of Ukrainian doctors and nurses; introduction of artificial intelligence technologies; uncontrolled mass immigration; rapid growth of disability in society) faced by the welfare state and, mainly, the social security system, which is its foundation. While the established challenges require adjustments to the priorities and tasks of the welfare state, the newest ones require a significant modernization of the welfare state, adapting it to the new political, economic and social conditions of society. Further research on the selected issues should be conducted taking into account the existence of certain models of the welfare state that unite European states either by geographical (Scandinavian, continental, Anglo-Saxon, Southern European) or ideological (liberal, conservative, social democratic, corporate, solidarity) criteria. The problem of the welfare state's response to the challenges of environmental and climate crises deserves separate development, and in the context of this consideration, the correlation between the social and environmental (“green”) state.

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ОБОВ’ЯЗКОВЕ МЕДИЧНЕ СТРАХУВАННЯ ЯК ЕЛЕМЕНТ СИСТЕМИ СОЦІАЛЬНОЇ БЕЗПЕКИ НАСЕЛЕННЯ

ОБОВ’ЯЗКОВЕ МЕДИЧНЕ СТРАХУВАННЯ ЯК ЕЛЕМЕНТ СИСТЕМИ СОЦІАЛЬНОЇ БЕЗПЕКИ НАСЕЛЕННЯ

Author(s): Liliia Barannyk,Svitlana Kachula / Language(s): Ukrainian Issue: 56/2023

The subject of the study is the main theoretical and practical issues of the implementation and effective functioning of compulsory health insurance as an important element of the social security system. The purpose of the article is to study the theoretical postulates that reveal the essence and peculiarities of the functioning of mandatory health insurance, as well as to clarify the problems of its implementation in Ukraine. The hypothesis of the study is put forward that the introduction of a new financial mechanism by the state - mandatory health insurance - will allow the Ukrainian economy to use the potential of market institutions more in the formation of budget resources and will lead to a significant strengthening of the social security system of the population Methods of the research. In accordance with the logic of the scientific search, the article used theoretical analysis, including consideration of individual traits and identification of new characteristics of problems, comparison, mathematical and statistical methods. Highlighting unexplored parts of the general problem. Compulsory health insurance has not been introduced in Ukraine, which indicates the incompleteness of the medical reform started in 2017. Research result. It is shown that in the hierarchy of human needs, safety occupies a leading place. It means protection of health, living and working conditions and is the quintessence of social security of the population. In global practice, there are various models of health care organization. It has been proven that one of the most requested is mandatory health insurance. It provides financing of the volume of medical services at the level of social guarantees of the state; and the size of the insurance premium is not related to the amount of medical care and the state of health of the insured. Voluntary health insurance is an alternative to compulsory health insurance. It is private and inferior to compulsory health insurance in terms of the share of the population covered and the amount of resources involved. It has been proven that the compulsory health insurance is an important tool for the country's economic development. It is proposed to consider the compulsory health insurance not only as an element of the financial system, which has a powerful investment sense, but also as a component of the social protection system of the population, which is responsible for maintaining the social security of the population. The main features and advantages of compulsory health insurance are named. A balanced approach to the further reform of the health care system in Ukraine and the implementation of the commitments made by Ukraine for joining the EU requires finding ways to attract funds to the industry. One of them, and the most effective one, should be the introduction of the compulsory health insurance in Ukraine. Sphere of application. The bodies of the financial system and social security system, local authorities. Conclusions. The compulsory health insurance, which is used in the world, has demonstrated itself as a powerful tool for economic development. The compulsory health insurance should be considered not only as an element of the financial system, which has a strong investment sense, but also as a component of the social protection system of the population, which is responsible for maintaining the social security of the population in the state. Ukraine needs to continue political and economic reforms, resolutely fight corruption, actively implement privatization, deepen the reform of the health care system, including the introduction of mandatory health insurance.

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Дозвіл на роботу для іноземців: правове регулювання адміністративної процедури в Чеській Республіці

Дозвіл на роботу для іноземців: правове регулювання адміністративної процедури в Чеській Республіці

Author(s): Valeriia O. Riadinska,Olga O. Dmytryk,Nataliia Ya. Iakymchuk / Language(s): Ukrainian Issue: 23/2023

The adoption of the Law of Ukraine No. 2073-IX «On Administrative Procedure» dated February 17, 2022 laid the foundation for the further development of a modern European state. The mentioned Law introduces universal rules of interaction between citizens, businesses and the state. Taking into account the European integration course of Ukraine, various types of administrative procedures require improvement, among which the procedure for granting work permits for foreigners requires special attention, taking into account the positive experience of legal regulation of administrative relations to ensure the right to work for foreigners in European countries. General scientific and special methods of cognition are used to conduct research, formulate specific conclusions and proposals. Dialectical and logical analysis became the main general scientific methods. With the help of the system-structural method, the scientific legal literature was elaborated. The methods of analysis, synthesis, induction, and deduction helped to formulate the conclusions. The comparativist method was used during the study of the domestic and international regulatory framework and the analysis of the positive experience of European countries regarding the legal regulation of administrative relations to ensure the right to work, which could be useful for Ukraine. The administrative procedure for granting a work permit for foreigners in the Czech Republic attracts special attention, therefore, consideration of the legal regulation of this procedure and its stages in the specified country is the goal of our study. The article analyzes the issue of the administrative procedure for issuing a work permit for foreigners. The legal regulation, the stages of the administrative procedure of granting a work permit in the Czech Republic are analyzed. The requirements for obtaining a work permit for foreigners in the Czech Republic are summarized. It is determined that a work permit for foreigners in the Czech Republic can be issued only on the condition that the foreigner is legally staying in the country and is issued a corresponding residence permit. It is determined that a work permit for foreigners in the Czech Republic can be issued only on the condition that the foreigner is legally staying in the country and is issued a corresponding residence permit. It is emphasized that the legal regulation of relations in the field of employment of foreigners in the Czech Republic is regulated by the law, which establishes the legal status of foreigners in this country, a number of other laws, the norms of which in one way or another affect the regulation of this status, and a number of by-laws developed by the relevant ministries and departments entrusted with the functions of directly granting residence and work permits to foreign citizens.

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EUROPEAN UNION POLICY IN THE FIELD OF SEARCH AND RESCUE AT SEA WITHIN THE ROMANIAN MARITIME COORDINATION CENTER’ ACTIVITY IN THE CONTEXT OF SECURING ROMANIAN’S PRESIDENCY AT IMO LONDON 2019

EUROPEAN UNION POLICY IN THE FIELD OF SEARCH AND RESCUE AT SEA WITHIN THE ROMANIAN MARITIME COORDINATION CENTER’ ACTIVITY IN THE CONTEXT OF SECURING ROMANIAN’S PRESIDENCY AT IMO LONDON 2019

Author(s): Anca Gabriela Glogoveanu / Language(s): Romanian Issue: 25/2021

The laws of nature have shown that great civilizations were born and prospered as a result of the exploitation of fertile lands and inland and sea waterways, which were established as means of communication and trade between different parts of the world, and the marine environment was one of the factors that favored this. Over time, the Black Sea has been a bridge between the mysterious and promising East rich in resources and the civilized West of old Europe. The sea, this blue window opens to the world, with which Romanian was blessed allowed the inhabitants of these lands to establish solid bridges of communication with many of the peoples of the world. Owen the years, across the Planetary Ocean in general and in the Black Sea in particular, the Romanian Navy has not been bypassed by storms, catastrophes and naval accidents, resulting in the sinking of dozens of ships and significant loss of life. Globally, rescue at sea has been and will be a constant concern, given that human resources are the most valuable assets and taking into account the time needed to train educate seafarers. These concerns have materialized over time by improving the buoyancy, unsinkability and stability of ships built, equipping them with modern rescue, survival and communications facilities and equipment, establishing bodies and services for surveillance, warning and intervention, in emergencies, and last but not least, the initial and international regulations on maritime safety, the shipbuilding industry has to face a factor that remains critical in the occurrence of maritime accidents, human error.

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Доц. др Александра Вуковић, АНТИДИСКРИМИНАЦИЈСКО РАДНО ЗАКОНОДАВСТВО У БОСНИ И ХЕРЦЕГОВИНИ

Доц. др Александра Вуковић, АНТИДИСКРИМИНАЦИЈСКО РАДНО ЗАКОНОДАВСТВО У БОСНИ И ХЕРЦЕГОВИНИ

Author(s): Milan Pilipović / Language(s): Serbian Issue: 50/2017

Review of: Доц. др Александра Вуковић, АНТИДИСКРИМИНАЦИЈСКО РАДНО ЗАКОНОДАВСТВО У БОСНИ И ХЕРЦЕГОВИНИ „ГРАФОМАРК“ ЛАКТАШИ, 2016.

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Intervention and Role of the Engineer in the Disputes between the Contractor and the Employer

Intervention and Role of the Engineer in the Disputes between the Contractor and the Employer

Author(s): Bazil Oglindă,Andrada Laura Tarmigan / Language(s): English Issue: 4/2019

The prevalence of disputes in construction projects has made dispute management and resolution a major preoccupation of industry participants and their advisors. This preoccupation currently involves, in addition to a focus on dispute avoidance processes, a reliance on arbitration as the principal dispenser of justice. Arbitration provides construction disputants with important advantages that were previously unavailable in the law courts: flexibility, finality, enforceability advantages and procedural advantages, to name but a few. However, two implications of the status quo give rise to concerns. First, there is the consideration of the future of construction law in the age of private dispute resolution and the threat posed to the rule of law by such processes. Secondly, when considering the costs of dispute resolution through private processes, particularly arbitration, there appears to be noticeable and growing disenchantment with the arbitration model. This paper argues that these implications highlight the need for an alternative to arbitration in the resolution of international construction disputes. Over the last few decades, courts have shown a remarkable ability to innovate and respond to the needs of the dispute resolution community and can provide this alternative.

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The International Dimension of Contemporary Labour Relations. A Special Look on Construction Industry

The International Dimension of Contemporary Labour Relations. A Special Look on Construction Industry

Author(s): Raluca Dimitriu / Language(s): English Issue: 3/2018

Globalization and openness to international of the construction industry generates an intra-European mobility, but also enhances the presence of workers from outside the European Union. The paper is aiming to deal with two of the fundamental problems accompanying the internationalization of employment: on the one hand the social and psychological vulnerability shown by migrant workers, on the other hand the reluctance expressed by local workers who perceive them as competitors for occupying a limited number of jobs. Policies and strategies to address these two issues – are often contradictory. The role of labour law may be here, above all, an ethical one.

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Considerations of the Possibility of changes During Individual Labor Contract for Construction Works

Considerations of the Possibility of changes During Individual Labor Contract for Construction Works

Author(s): Ana Vidat / Language(s): English Issue: 3/2018

It is inconceivable that a contract executed by definition in time, could remain in all aspects, in its original form in which the parties have concluded (in writing).Flexicurity requirements during the execution of the individual labor contract is not, in reality, only a requirement of the legislature – which translates options employer organizations – it is an objective necessity determined that occur after the conclusion of the contract a number of circumstances, situations, goals or subjective, requiring modification of.Adapting a gainful economic or technological developments may require modification of the individual employment contract under which the activity is performed, taking into account the intrinsic dynamism of employment.

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Șomajul în rândul tinerilor din România. Cauze, provocări și potențiale soluții
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Șomajul în rândul tinerilor din România. Cauze, provocări și potențiale soluții

Author(s): Valentina Lidia Zărnescu / Language(s): Romanian Issue: 02/2023

Romania is one of the European Union Member States with the highest rates of youth unemployment and NEETs, which affects both our economy and the future of our young people. This article analyses the main causes of youth unemployment, the current policies at EU and national level to tackle unemployment and integrate young people into the labour market, and possible solutions to facilitate the integration of young people into the labour market.

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CONCEDIUL DE ODIHNĂ-FORMĂ A TIMPULUI LIBER

CONCEDIUL DE ODIHNĂ-FORMĂ A TIMPULUI LIBER

Author(s): Ioan Micle / Language(s): Romanian Issue: 27/2021

In essence, in the first period, that of industrialization, the employees were concerned with ensuring the time necessary for the recovery of the labor force; later, during the period of economic growth (in the sixth and seventh decades of the last century) their interest was more focused on leisure (in the sense of recreational activities), while in the last two decades of the same century, as in the present, emphasis has been placed on the flexibility of organizing working time. In this context, the types of employment contracts diversified and gained ground and part-time work and other forms of working time organization. The reduction in normal working time has led to and often leads to an increase in the number of overtime hours. However, overtime is usually paid at a higher level - compared to normal working hours - which, together with other factors, has a surprising effect: overtime pay is more expensive than recruiting and hiring additional staff. The debate over the effects of reduced working hours is extremely serious worldwide. However, it is clear that the reduction in working time, applied as a single measure, does not prevent long-term unemployment. To achieve this goal, correlated measures are required on several levels, with special emphasis on dialogue between the social partners. The International Labor Organization can be the forum for reviving the debate on the correlation between work and leisure time. The aim would be to analyze and extend positive practices. Simultaneously with the reduction of working time, the last decades of the last century have brought with them, as a novelty, long paid leave and sabbatical leave (paid leave for professional training, scientific research, granted after a period of work, usually for seven years). But neither long-term leave nor the extension of other forms of leave- paid or unpaid - have had obvious favorable consequences for job creation. Romania's membership in the European Union also implies the direct application of certain rules regarding working time and rest for certain categories of employees. Thus, Regulation (C.E.) no. 561/2006 on the harmonization of certain provisions in the social field regarding road transport, amending Regulation (C.E.E.) no. 3821/85 and Regulation (C.E.) no. 2135/98, repealing Regulation (C.E.E.) no. 3820/85 or road transport operations which are the subject of the European Agreement concerning the activity of the crews of vehicles engaged in international road transport (A.E.T.P.R.).

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