We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
The article discusses the redistributive (distributive) function of labour law. Labour law standards are a fundamental instrument in the primary distribution of national income and are of vital importance for the quality of life of wide groups of employees. Their formation is an important factor in maintaining the homeostasis in employment relationships.
More...
The article presents the rules of overlapping of pension and disability insurance titles in Poland. The Act on the Social Insurance System makes it possible to be subject to pension and disability insurance under more than one insurance title. The introduced model is not immune to the multiplication of insurance titles. The multiplication, the purpose of which is to divide the insurance title, makes it possible to pay lower premiums, but it also significantly reduces the level of protection of the insured and the income of the Social Insurance Fund. The author puts forward a proposal for simplifying the rules governing pension and disability insurance. The article also assesses the introduction of changes resulting from the KPOiZO aimed at equalising the social protection granted to persons employed on the basis of an employment relationship and civil law contracts.
More...
Judgments of the Polish Supreme Court on the subject of social insurance for performing artists have caused controversy in the doctrine. It was criticized that the Court avoided assessing the creative or artistic nature of the work, because these are not elements determining the legal nature of the contract covered by the insurance. In this text, the author analyzes the views of the doctrine expressed in response to the judgments of the Supreme Court. He presents the opinion that the assessment of the legal qualification of a contract the subject of which is artistic activity is the domain of civil law. Neither copyright law nor social security law justify an autonomous interpretation of this agreement.
More...
The goal of this article is to show the basic interpretation of applicable legislation providing volunteer services, to define the concept of volunteerism, document an overview of various forms of volunteerism focusing on social services. The analysis of volunteerism and participation of persons 50+ in volunteer activities in the Czech Republic from 2015 formulates volunteering from the perspective of Czech population older than 50, when the SHARE research study takes into account the issue of ageing population in Europe which aims to create a pan-European data set involving 50-year-old persons and their families. The output of the SHARE study is to analyze in two-year intervals (in 2015 the 5th collection of data in a sample of 20 European countries was finished) the topics of education, demographic development, physical and mental health, health care, social support, activities and quality of life, social security, partnership assistance and housing support, but also the expectations of the development and potential of progress of democratic society in social integration, in accordance with trends and prospects for future.
More...
Starting from the positive law of the Republic of Serbia and provisions falling under the purview of general labor relations and business entities, the aim of this paper is to explore the two fundamental stages of engaging directors, which involve director appointment and the conclusion of contracts with the director, and to highlight potential enhancements to the legal provisions in this area. Through the normative method, legal provisions governing the engagement of directors will be analyzed, while in certain instances, the advantages and disadvantages of existing legal provisions will be explored through the historical-legal method and comparative analysis. Director appointment constitutes a mandatory stage in the engagement of directors. The second step in engaging a director is the execution of an employment contract or a contract defining mutual rights, obligations, and responsibilities. In this context, the written form of these contracts, for the purpose of valid director engagement, can be substituted by the director commencing work. In addition to the aforementioned, a third possible legal basis for director engagement arises in the form of a supplementary work contract. Regarding the commencement of a director’s mandate, there is a legal gap concerning the regulation of the relationship between the start of the mandate and the day the director commences work. Therefore, the current Law on Business Entities, concerning the rule that the mandate of a limited liability company’s director begins on the day of the decision unless another start date is specified, neglects the provision that rights, obligations, as well as responsibilities, can only be realized on the day the director commences work.
More...
This paper discusses the wage policy. Specifically, it evaluates the influence of frequent changes in the wage policy on the labour market and its supply. It covers the development of determining the actual amount of net wages as the main source of income for an employee between 2002 and 2016 within. The main objective of this paper is to highlight the frequent changes in the wage policy and the subsequent evaluation of these changes’ impact on people’s decisions whether to participate in the work process. A partial objective is to compare the values of an individual’s living wage with the minimum wage as a further factor influencing the labour supply. The analysis proves that the frequent changes in the wage policy affect the labour supply to a minimum extent. This conclusion was also supported by a questionnaire survey, further pointing out that employees would prefer an increase in the standard tax deduction, worth CZK 3,170 (by 2005), than a next year (2017) planned increase in the child tax benefit for the second and third child, respectively.
More...
To keep their employees nowadays, it is necessary for companies to take care of them properly. It is done not just by paying them properly and timely their salaries that they deserve for the work done, but additionally, by getting them what they never get in another company. Employee benefits provided by companies for this purpose can get a good name for them in the society, but also in particular, gain a competitive advantage over other companies that do not offer their employees these benefits, and gain the respect of their employees and attract new, qualified employees. This article is focused on providing employee benefits. The first part of the paper is devoted to the characteristics of employee benefits, their classification and their way of providing. The second part is devoted to the evaluation of employee benefits by popularity with employees, and, according to the frequency of the provision by the employers in the Region of South Bohemia, their evaluation from a tax perspective for employees.
More...
The contribution deals with actual problems of reform of pension insurance, its usefulness and opinions of Czech political parties, how could be this problem solved.
More...
The study provides an answer to the interpretative question posed in interpretative case No. 2 of 2021 at the General Assembly of judges from the collegiums of the Supreme Administrative Court. Based on positive legal and logical arguments, it is justified that the provision of Article 1, paragraph 1 of the Act on State and Municipal Liability for Damages is not applicable in the event of a claim for compensation for non-pecuniary damages caused by an order to terminate an employment relationship that was annulled as illegal, when a special law provides for the right to compensation in the amount of the remuneration received.
More...
The article aims to assess if women’s problems are specifically identified in labour legislation relating to digitalisation. Women appear in preparatory phases of legislative procedures (reports, motives), while usually they are not explicitly addressed in final drafts or acts. Digitalisation of work of women as such, referring to biological features of the gender itself is not perceived as a specific problem to be solved. Female workers are not treated as a vulnerable group which should benefit from additional guarantees in the process of digitalisation. It proves that in digitalised work, sex is not a distinctive feature: both sexes are able and skilled to work with digital devices. Criteria used to identify vulnerable groups refer to social situations rather than sex itself (e.g. education and training, caring responsibilities). However, women tend to constitute the majority of such groups. Therefore, respective ‘horizontal’ protective provisions and standards (e.g. working time, right to disconnect, work-life balance or non-discrimination) are particularly important for women.
More...
Review of: “Jurisdiction of employment relations. Legislation, doctrine, jurisprudence”, Alexandru ŢICLEA and Adelina DUȚU, “Universul Juridic”, Bucharest in 2021.
More...
This study determined the level of social support and victimization among young adults in Barangay Mana, Malita, Davao Occidental. It employed a descriptive-correlational research design with complete enumeration to determine the relationship between the level of social support and victimization, and the domains of social support that negatively influenced victimization among young adults with aid of a survey questionnaire. Thirty (30) young adults from different sitios in Barangay Mana, Malita, and Davao Occidental were included in the study that has reported incidences of victimization (ages between 18 to 24). The Mean, Spearman’s Rank-Order Correlation Analysis, and Step-Wise Multiple Regression Analysis were the statistical tools used in the study to analyze the data. There was a significant relationship found between social support and victimization. Among the four (4) predictors, only self-esteem was found to significantly influence victimization. Thus, there is a need to strengthen self-esteem to reduce incidences of victimization.
More...
Family businesses, with their unique structure and culture, can play a pivotal role in simultaneously building and maintaining both economic activity and social capital. According to Janusz Gierszewski's concept, social security is largely dependent on the social capital formed through social values and norms. In family businesses, it is this social capital and family values that are the source of competitive advantage, shaping their identity and ensuring the multigenerational endurance of the family business. The distinctiveness of family businesses is also significant from a research perspective, as the established functioning patterns and structures of SMEs do not align with those of family businesses, necessitating a deeper exploration of the dynamics and obstacles to the development of family businesses. The aim of the article was to identify and systematize the problems of family businesses in relation to their organizational, legal-institutional, financial, and psychological security, and to attempt to answer whether the identified problems are merely challenges that the company can overcome independently, or if they represent a serious barrier to the development of family businesses, insurmountable without external assistance. To answer these questions, we conducted qualitative and quantitative research among family businesses in the Pomeranian Voivodeship participating in the 'Succession with Success' project. The research findings confirmed the long-term approach of family businesses to conducting business and the specificity of their decision-making processes. The research also revealed the particular role of the leader in the enterprise development process and the importance of social capital in shaping its success. It also identified certain management gaps in family businesses that could hinder their further development and economic security. These include a casual approach to procedures, a dominant management model based on interpersonal relationships, and a lack of knowledge about modern management methods. The research results indicate the need for multidimensional support for family businesses in management and the need for in-depth research in the field of social and economic security in the local environment. The practical value of the article lies in formulating recommendations for shaping appropriate tools to support the development and economic security of family businesses, which should be addressed to entities creating the local and institutional environment of enterprises, especially local government bodies.
More...
The purpose of the article is to demonstrate the flaws in the institutional construction of the external supervision of the Minister of Justice over the administrative activity of common courts. The main research method used in the study was a comparative analysis of the Constitution of the Republic of Poland, laws and other legal acts. The paper presents the supreme supervision of the Minister of Justice over the administrative activity of common courts introduced by the legislator, which compromises the independence of judges asymmetrically to the efficiency of the judiciary. The institutional construction of the supreme supervision of common courts equips the Minister of Justice with arbitrary and discretionary authority over the administrative activities of the courts, which violates the constitutional principle of the tripartite division of power. The problem of institutional construction and the balancing of powers from the perspective of the Constitution is extremely important. The first doubt is shown in Article 183(1) of the Constitution of the Republic of Poland that the Supreme Court supervises the activities of the common and military courts in the field of adjudication. Thus, in principle, the question of supervision of jurisdictional activities is clarified, whereas there is no explicitly expressed supervision of judicial administration in the Constitution. Nevertheless, such supervision is necessary, since the court is the disposer of budgetary funds, movable and immovable property, in matters of economic administration such supervision is necessary from the point of view of legality, economy, expediency and reliability. First of all, this study indicates what the administrative activity of common courts is. Then, the evolution of the external supervision of the Minister of Justice over the administrative activity of common courts is presented. In the next part of the paper, the Constitutional prerequisites for excessive interference in the independence of common courts are shown. In the final part, the urgent need for reform in the area of the Minister of Justice’s external supervision over the administrative activity of common courts is indicated.
More...
The new Polish act on social economy includes certain cooperatives as social enterprises. A social cooperative, agricultural production cooperative and workers’ cooperative (including cooperatives of disabled people and cooperatives of the blind) can acquire a status of a social enterprise. This results in expanding the cooperative’s statutory purpose from solely conducting economic activity in the interest of its members to also social and professional reintegration of people at risk of social exclusion or provision of social services. As a result a cooperative can became a general interest cooperative because social services can be provided not only to its members. Another result is that cooperative had to conduct not for profit activity. However, this does not complies with the purpose of workers’ cooperative and agricultural production cooperatives.
More...
The present article discusses the problematic aspects pertaining to the disciplinary sanctions applicable to employees who commit breaches of the rules defining work discipline. It contains an analysis of the categories of disciplinary sanctions provided for by the Labour Code: written warning; demotion, with the salary corresponding to the position to which the demotion was ordered, for a period not exceeding 60 days; reduction of the basic salary for a period of 1-3 months by 5-10%; reduction of the basic salary and, where applicable, of the management allowance for a period of 1-3 months by 5-10%; disciplinary termination of the individual employment contract. The article highlights, on the one hand, the specifics of domestic regulations with consideration of the most important aspects of case law, and on the other hand, it offers elements of comparative law with reference to countries such as Belgium, Dominican Republic, France, Cyprus in order to provide the legislative optics of other countries as well as reveal the problems in this field of labour law.
More...
The United Nations (UN) has come up with several Sustainable Development Goals (SDGs) for its 2030 vision. One of these SDGs deals with the need for all countries to promote gender equality. The gender equality goal is premised on empowering women and girls with various economic opportunities. The assumption is that in many countries, including in South Africa, women and girls are marginalised socially, culturally, economically, and politically. To this end, it should be noted that the South African constitution promotes equality for all persons. It also provides for fair labour practices. Labour statutes such as the Labour Relations Act 66 of 1995 (LRA), the Employment Equity Act 55 of 1998 (EEA) and the Basic Conditions of Employment Act 75 of 1997 (BCEA) provide for, inter alia, the realisation of gender equality in the South African workplace. This includes promoting a health balance between work and care obligations for women. While gender equality is a noble goal, its pursuit exposes some of the underlying inequalities that have not been fully addressed in South Africa. Historically, labour rights have been skewed against African or black men in the South African workplace. In the euphoria of a democratic South Africa, the new push has been to promote equality of men and women in the workplace. This tends to overlook the fact that African men have hardly enjoyed work-care obligations. In this regard, the South African labour laws offer very little for the African men. Consequently, little has been done to provide men with better work-care conditions in the South African workplace. Thus, despite efforts to promote gender equality, women still disproportionately shoulder the care burden in South Africa. This article provides that a lot needs to be done to promote gender equality and balance how the rights of both women and men are protected in the South African workplace.
More...
The Violent strikes are serious problems in South Africa. However, the international and regional legal frameworks, the Constitution as well as the national legislation provide for the protection of the right to strike for employees. Workers are therefore entitled to exercise their right to strike under the prescribed legal frameworks. The strikes are frequently characterised by violence and harm in every sector. There are compelling reasons for employees to embark on strikes and they are discouraged from engaging in acts of misconduct during strikes. Violent strikes have devastating effects on the fundamental rights of individuals. They usually cause injury to members of the community and non-striking workers. Therefore,they unreasonable and unjustifiably limit the freedom to exercise the fundamental rights. The use of violence during strikes is a major concern as it negatively defeats the purpose of strikes. Such violence has a negative impact on the lives of non-striking employees and undermine the rights to property, dignity, trade, freedom and security of the person. Striking employees must take reasonable steps to avoid violence and ensure the protection of fundamental rights of all other persons during the strikes.
More...
The option of complete or partial deprivation of legal capacity, exercised almost as a rule for certain groups of persons with disabilities and standardized in the current legislation of Bosnia and Herzegovina, violates not just the fundamental principle of human rights protection, that of equality before the law, but also violates the principle of diversity as one of the key principles in the professional social work practice. In this regard, the legally prescribed obligation of the guardianship body to place under guardianship a person whose legal capacity has been completely or partially removed by a court decision and to appoint a guardian for this person puts professional social workers in a highly unenviable position, especially in the domain of ethics, namely the respect for innate human dignity and the principle of diversity. Following the above, the question arises: is there a way to respect both the principle of diversity and the value of human dignity in this particular case? Since the answer to this question is negative, this paper provides a comparative legal analysis of the relevant provisions of all three Family Laws in Bosnia and Herzegovina in order to see how, according to the legal powers and duties of the guardians of persons fully or partially deprived of legal capacity, the rights, interests and preferences of the wards are protected.
More...
The need to achieve a work-life balance and the option for employers to motivate and increase the productivity of employees are the justification for necessary legislative amendments in the future. EU Directive 2019/1158 on worklife balance defines in art. 3 para. 1 (f) the concept of "flexible working arrangements" which refers to "the possibility for workers to adapt their working hours – including through the use of telework, flexible working arrangements or reduced working time schemes". EU Directive 2019/1152 on the transparency and predictability of working conditions in the European Union specifies – in art. 1 (1) – that it aims to improve working conditions by promoting more transparent and predictable forms of work, while ensuring the adaptability of the labour market.
More...
