ОЩЕ ПО ЗАДЪЛЖЕНИЕТО ЗА ЛОЯЛНОСТ КЪМ РАБОТОДАТЕЛЯ НА РАБОТНИКА ИЛИ СЛУЖИТЕЛЯ

Author(s): Mirolyub Topalov / Language(s): Bulgarian Issue: 1/2023

The article analyses the three elements of the duty of loyalty of the employee towards the employer. On the basis of this analysis the author formulates a proposal for its treatment as general obligation of the employee towards the employer, and not as an element of the main obligation for performance of the work. De lege ferenda it could be proposed the provision of Art. 124 of the Labor Code to be supplemented in that sense.

Urealnienie gwarancji RODO w zakresie zarządzania i nadzoru nad własnymi danymi osobowymi przetwarzanymi cyfrowo

Author(s): Bogusław Sołtys / Language(s): Polish Issue: 1/2022

The article points to the deficiencies of GDPR in the scope of regulating the frames for creating tools for managing one’s own personal data processed digitally as well as the supervision over their use. The lack of suitable legal and technical mechanisms in this area is seen as the main factor for the decrease of the effectiveness of digital personal data protection, what may sometimes lead to the degeneration or ostensibility of law, in particular as a consequence of processing personal data with the use of artificial intelligence technology.A solution to this problem might lie in introducing a standardised and interoperative form which would enable automatic saving, modifying, deleting, transferring, and searching on various devices for all the digitally processed personal data as well as for the information and the decisions made in accordance with the rights guaranteed by GDPR. The form with the mentioned functionalities, supplemented by the standardised codification of the purposes of personal data processing, could become the primary element of digital personal data management, the privacy of people to whom the data pertain, and the supervision over its use.Creating suitable legal frames for managing own personal data processed electronically and for supervising its use seems to be the essential condition for sustainable development and making the European Digital Transformation a reality.

Przepisywanie przez lekarza leków poza wskazaniami Charakterystyki Produktu Leczniczego (off-label) a odpowiedzialność karna

Author(s): Agata Sajnok / Language(s): Polish Issue: 1/2022

The article discusses the problem of the off-label treatment method widely used in relation to patients and the possible criminal liability for this kind of action. The author’s conclusion is that a doctor should not be held criminally liable for this practice if they acted in a reliable manner, respecting the current medical knowledge, which is constantly evolving. In specific cases, it would be possible to apply Art. 26 and 27 of the Polish Criminal Code.

EGALITATEA DE ȘANSE

Author(s): Oana Voica Nagy / Language(s): Romanian Issue: 28/2022

In this paper we propose an analysis of the equality of opportunities from different point of views, starting with the internal regulations and continuing with the international ones, in the domain of fundamental human rights. Equal opportunities, recognized to all people as fundamental human right is a topical issue. The United Nations as well as the European Union continuously fight against inequalities. Achieving equal opportunities for categories of vulnerable people is one of their main goals, which is included in their Agendas. In order to identify the steps taken in this matter, at national and international level we will analyze the legal dispositions adopted by the Romanian legislator, then the regulations contained in international conventions and finally the reports, the proposed work agendas and communications made by the mentioned international organizations, but not only. To be able to draw some pertinent conclusions, we will also perform a parallel between the efforts of the national authorities in comparison with those of the international institutions and organizations. Also, we intend to find out to which extent the proposals of international bodies are implemented internally.

PROFILAKTYKA ANTYMOBBINGOWA– FAKTYCZNE DZIAŁANIE PRACODAWCÓW CZY FIKCJA?

Author(s): Iwona Szczęsna / Language(s): Polish Issue: 66/2022

Mobbing as a pathological social phenomenon destroys the values that professional work offers people and violates their dignity. Therefore, the experience of mobbing in the workplace can without doubt be classified as a critical life event. Analysis of the mobbing situation in terms of a critical life event helps to conclude that it carries the risk of regression, destabilization in personal and professional life, and halts development if a person does not cope with the effects and consequences of the situation. That is why anti-mobbing prevention in the workplace is so important. Unfortunately, the provision of article 94 §1 of the Labor Code, regulating the employer’s obligations in the field of mobbing in the work environment, is relatively general and is limited to indicating that the employer is obliged to prevent mobbing. There is no need to look for a provision in the labor code that would specify exactly what the employer’s actions should be understood under the obligation defined in this way. The article presents the results that are part of a broader study on anti-mobbing prevention in the workplace. The narratives of the respondents were analyzed through the prism of the actual actions taken by employers in the context of anti-mobbing prevention. The research areas concerned: application of internal anti-mobbing policy, implementation of preventive training on mobbing and combating negative effects and other psychosocial risks in the workplace, and employers’ other anti-mobbing policies.

Godność osobowa embrionu a odmowa sprzedaży przez farmaceutę środków antykoncepcji awaryjnej

Author(s): Krzystof Nowicki / Language(s): Polish Issue: 1/2023

A group of pharmacists is calling for regulation of the applicability of the conscience clause when refusing to sell agents classified as emergency contraception. In the article it is shown that the proper reason for refusing to sell emergency contraception agents should be the implementation of the constitutional meta-axiology of human dignity, not the axiology of freedom of conscience. The proper implementation of legal dogmatics, which shows human dignity as a source of freedoms and rights, including freedom of conscience, should be applied. Personal dignity, which is inherent, inalienable, inviolable, equal, universal, and which is the foundation of the legal order, should be a sufficient reason for a pharmacist’s refusal to sell means classified as emergency contraception.

Міграційні процеси в Україні в період повномасштабної війни: безпекові гарантії та правові можливості

Author(s): Ljudmila Shimchenko / Language(s): Ukrainian Issue: 57/2023

The subject of the research is security guarantees and legal opportunities of Ukrainian migrants in the conditions of Russia's wars against Ukraine. The purpose of the study is to determine the elements of the phenomenon of Ukrainian migration processes in the conditions of Russia's aggression against Ukraine. Research methods. In order to solve the research tasks, a systematic approach, methods of generalization, analysis, and synthesis were used, which made it possible to ensure the conceptual unity of the research. The results of the work: The article substantiates the phenomenon of Ukrainian labor migration to European countries in the period preceding Russia's full-scale aggression against Ukraine; it was determined that the risk was, and in the period of 2022-2023, the problem of non-return of Ukrainian citizens to their homeland became even more apparent. The system of compliance with security guarantees by European countries for Ukrainian refugees, in accordance with the norms of Council Directive 2001/55/EC of July 20, 2001 on the right to residence, medical services and education, was analyzed. The phenomenon of large-scale assistance to Ukrainian refugees in accommodation, legal and financial protection has been determined; attention was paid to assistance in finding a job, learning the language of the country of residence, and providing educational services to the children of forced migrants. Attention is drawn to the deportation phenomenon applied by Russia in relation to the Ukrainian population of the occupied territories, especially children. Conclusions. Migration, as a person's willingness to move due to the contradiction between needs and opportunities, has become so acute that the phenomenon has manifested itself in the number 12-16 million people and the form of manifestation: internally displaced people and refugees to other countries. If before the beginning of the full-scale Russian invasion of Ukraine, the main motives were: dissatisfaction with the level of well-being, insufficient respect and recognition, the impossibility of self-realization in a permanent place of residence, then during the war the priority became the need for survival. The phenomenon was manifested in the level of acceptance of Ukrainian refugees in the world, especially European states: humanitarian support, provision of shelter in private homes, formation of housing challenges for relatives, friends, acquaintances and, even, foreign Ukrainians; assistance of the Ukrainian diaspora; joint rallies to condemn the war against Ukraine; financial assistance for the treatment of seriously injured Ukrainians... The very process of movement of Ukrainian refugees across the border during the beginning of the full-scale Russian invasion of Ukraine in February 2022 became a phenomenon of this time: the introduction by the European Union of the Directive on temporary protection in the event of a mass arrival of people; approved EU plan for ensuring preparedness for migration and crisis situations; operation of transport and information centers and temporary registration platforms, protection of children during displacement, development of a joint plan to combat human trafficking... All actions take place within the limits of legal guarantees.

Działanie zbiorowe pracowników concerted activity jako pozazwiązkowa forma organizacji i protestu pracowników w amerykańskim prawie pracy

Author(s): MARTA ROZMYSŁOWICZ / Language(s): Polish Issue: 12/2022

Concerted activity is a fundamental institution of United States federal labor law, which applies both to union and non-union employees in the private sector. This article outlines its main concepts and compares some of its tenets to Polish labor law, as it applies to industrial relations. A point of departure for this analysis is the recent attempts of Amazon employees to resolve workplace conflicts by means of concerted activity in the period 2020-2022.

Pogłębianie zjawiska medycyny defensywnej jako odpowiedź na bezpieczeństwo prawne lekarzy. Refleksje po lekturze recenzji Wojciecha Lisa

Author(s): JUSTYNA WĘGLIŃSKA / Language(s): Polish Issue: 1/2023

A review of the monograph entitled Realization of legal security in the institution of doctor’s liability for medical error by dr. hab. Wojciech Lis, prof. KUL was published in volume 14, issue 4/2022 of the journal “The Critique of Law”. This article is the answer of the monograph’s author to the above-mentioned review containing reflections on the reviewer’s comments and clarification of the review’s inaccuracies to the necessary extent.

Zwolnienie policjanta ze służby na podstawie art. 41 ust. 2 pkt 4 ustawy o Policji a zasada równego traktowania w zatrudnieniu

Author(s): Paweł Gacek / Language(s): Polish Issue: 42 (1)/2023

Zwolnienie policjanta ze służby na podstawie art. 41 ust. 2 pkt 4 ustawy o Policji a zasada równego traktowania w zatrudnieniu

Wyrok Sądu Apelacyjnego w Szczecinie III Wydział Pracy i Ubezpieczeń Społecznych z dnia 18 listopada 2020 roku (III AUa 233/20)

Author(s): Not Specified Author / Language(s): Polish Issue: 42 (1)/2023

SALARY TRANSPARENCY AND EQUAL PAY BETWEEN EMPLOYEES WITH INDIVIDUAL EMPLOYMENT CONTRACT FROM ROMANIA

Author(s): Dan Ţop / Language(s): English Issue: 4/2023

This year, Directive (EU) 2023/970 was adopted to strengthen the application of the principle of equal remuneration for the same work or for work of the same value between men and women through wage transparency and mechanisms to ensure compliance with the law aimed at ensuring wage transparency for to protect the right of employees to an equal salary, which will be applicable in both the public and private sectors, aiming at the elimination of wage differences between women and men in order to respect the principle of equal treatment. Employees will not be prevented from disclosing their salary if they do so to ensure the principle of equal pay between men and women for the same work or work of the same value. Obligations are established only for companies with more than 100 employees, the first reports required by the directive will have to be made by 2027, employers with less than 100 employees do not report on differences in remuneration. The implementation of the directive will bring new obligations for the business environment, employers being obliged to ensure salary transparency (both before employment and during the employment relationship), as well as the criteria used to establish the salary, respectively its increase over time, preparing periodic reporting and taking the necessary measures to limit those unjustified salary differences

EL TRABAJO 3.0 EN LA ECONOMÍA DE PLATAFORMAS EN CUBA

Author(s): Sánchez Alcides Antúnez / Language(s): Spanish Issue: 4/2023

The article analyses from the doctrine of Labor Law the labor legal relationship of work 3.0 in the collaborative economy on the web 2.0 platform to the digital worker. Part of the recognition in the 2019 Constitution of private business with the updating of the Cuban economic and social model, a study carried out from the social sciences with a bibliographic review, the use of analysis-synthesis, induction-deduction, legal comparison, and the historical, as methods of the social sciences. It was demonstrated that the digital worker has revolutionized the traditional way of the Right to Work in the labor legal relationship, with notes on employment, alienation, dependency, and autonomy. In need of theoretical and normative updating in the labor legal system. It will contribute in the Law career, to update and integrate contents in Labor Law, so that from their professional mode of action they provide the legal assistance service with competences.

Nowelizacja Kodeksu pracy wdrażająca dyrektywę 2019/1152 w sprawie przejrzystych i przewidywalnych warunków pracy w Unii Europejskiej – analiza i ocena regulacji

Author(s): Paulina Daniluk / Language(s): Polish Issue: 2/2023

The article aims to analyze the changes introduced on April 26, 2023, to the Polish Labor Code, adapting its regulations to the Directive (EU) 2019/1152 of the European Parliament and of the Council of June 20, 2019, on transparent and predictable working conditions in the Euro- pean Union. The objective scope of the article includes the obligation to provide information by the employer, parallel employment, the rules for concluding an employment contract for a probationary period, the request for a form of employment with more predictable and secure working conditions, and the requirements for terminating employment contracts. An attempt is also made to assess new regulations in terms of their compliance, accuracy and purposefulness with the recommendations of the Directive 2019/1152. In addition, attention was paid to the need for the introduction of an additional change in Polish regulations.

Uchylenie tajemnicy zawodowej w trybie art. 180 § 2 k.p.k. a niezależność zawodowa radcy prawnego. Uwagi polemiczne

Author(s): Piotr Krzysztof Sowiński / Language(s): Polish Issue: 2/2023

The subject of this publication is the professional independence of an attorney-at-law and its normative sources. The work attempts to answer the question to what extent the aforementioned independence is influenced by the professional secrecy and whether the exemption from this secrecy in the manner provided by separate regulations, including by the article 180 § 2 of the Polish Code of Criminal Procedure, decreases the professional independence of an attorney-at-law. The text is polemical in nature.

YARGITAY KARAR İNCELEMESİ “İŞE DAİR GİZLİ BİLGİLERİN PAYLAŞILDIĞI İDDİASI İLE YAPILAN SÖZLEŞME FESHİNİN İPTAL ve İŞE İADE DAVASI”

Author(s): Çağlasın YALDIZ / Language(s): Turkish Issue: 59/2023

Labor law is a mixed law branch that regulates the relations between worker-employer-state. One of the effects of the industrial revolution in the world is the emergence of the field of labor law and the working class. The business relationship that started with the Ottoman Ahi organization came into being with the Mecelle. In the Republic of Turkey, the first labor law was enacted in 1936. Labor law, in terms of its general characteristics, includes the principles of interpretation in favor of the worker and the protection of the worker, since the worker is dependent on the employer and earns his living with the wage he earns. In this study, the basic structure and concepts of labor law, the obligations of the parties to the employment contract, the reasons for termination with just cause and the obligation to declare a valid reason, finally, the decision of the 9th Civil Chamber of the Court of Cassation 2016/24041 E 2017/15069 K dated 05.10.2017 will be examined.

Социалната защита при безработица като елемент на системата за социална сигурност

Author(s): Lyudmila P. Vekova / Language(s): Bulgarian Issue: 1/2022

Unemployment, as an objective process related to the functioning and development of the labor market, has a serious impact on the material well-being and standard of living of people who have lost the opportunity to work for a short or long time. The need to limit the negative effects of unemployment on income and living standards is determined by the desire to develop a protection system that provides adequate support and to compensate to some extent the losses incurred in leaving the labor market. The article considers the issue related to unemployment protection as an element of the social security system from the standpoint of its importance for providing support to persons who have lost the opportunity to work for a certain period and in terms of its role in creating the necessary conditions for their social Included. Considered Social Security in Unemployment and Active Labor Market Policies as Interconnected and Complementary Elements of Social Protection in Unemployment.

Historijski kontekst nastanka i razvoja inspekcije rada u Bosni i Hercegovini

Author(s): Emir Mehmedović,Edina Šehrić / Language(s): Bosnian Issue: 28/2023

In the paper, the authors examine the historical context of the origin and development of labor inspection in Bosnia and Herzegovina. The periodization is divided into four periods: the period before the First World War, the period of the Kingdom of SHS/ Yugoslavia, the period of socialist Yugoslavia (FNRJ and SFRJ), and the contemporary period of labor inspection in Bosnia and Herzegovina as an independent state. The first period covers the time of Austro-Hungarian rule, starting from 1907 when the Trade Supervision was established by the Order on Trade Supervision. After that, in the newly formed Kingdom of SHS, the state Labor Inspection was established in 1920, and in 1921, the Regulation on Labor Inspection was adopted, followed by the Law on Labor Inspection in 1922. After the Second World War and the establishment of a new socialist government, inspection supervision over the implementation of hygienic and technical safety measures at work, as well as the application of regulations on labor relations and working conditions, began. This led to the passing of the Law on Labor Inspection in 1946. Changes in the concept of labor inspection occurred due to altered socio-political circumstances, such as the introduction of worker self-management, new communal arrangements, and decentralization of state administration, resulting in the passing of the new federal Labor Inspection Act in 1959. Instead of a special law on labor inspection, the status of labor inspection was regulated by the Basic Law on Occupational Safety in 1965. Following constitutional changes and the strengthening of decentralization in the 1970s, the competence to regulate labor inspection issues was transferred from the federal level to the republic level, and in 1984, the Law on Occupational Safety was adopted in SRBiH, which regulated the issue of labor inspection, among other things. This law was replaced by the new Law on Occupational Safety in 1990. In the modern period, after the independence of BiH, the organization of inspection services is usually regulated by special laws on inspections. Currently, the issue of labor inspections is regulated at 14 levels of government. The aforementioned historical review highlights the continuity and specific development of labor inspection throughout the observed time period.

Low Pay and Political Attitudes in Europe: Is There an East-West Divide?

Author(s): Kamila Fialová / Language(s): English Issue: 3/2023

Employing 2018 European Social Survey data in a multilevel framework, the paper aims to estimate the effect of working for low pay on a wide range of political attitudes and to explain the attitudinal differences between the Central and Eastern European (CEE) and Western European regions based on their differing socio- economic and political background. The results suggest that it is mainly the lower living standard of inhabitants together with widespread wage inequality and not the specific legacy of the communist regimes that undermine the individual’s perception of influence on politics, political confidence and satisfaction with democracy in CEE. The results also indicate that working for low pay has a significant positive effect on the individual’s trust in politicians, but the relationship is moderated by the country’s economic development and is only significant in rich countries.

Preventing and Combating the Crimes of Sexual Exploitation of Women and Children

Author(s): Iurie Larii,Oleg Pohilă / Language(s): English Issue: 2/2022

This scientific article reflects on the massive increase in the level of crime in the commercial sex industry which has beencaused by the accelerated process of globalization, global economic integration, the opening of borders, increasing migration,social inequality and economic stratification of society, the spread of poverty, etc. Therefore, it is clear that at this stagein theevolution of society, sexual exploitation, especially of women and children, is turning into a well-organised criminal businesswith a clearly transnational character, becoming one of the most profitable types of organised crime. For these reasons, it is veryimportant that as many states as possible intensify their efforts in the prevention of sexual exploitation. The scientific approachadopted in this study is a continuation of the research in this area, with some results reflected in the previous studies conductedby the authors