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Działalność gospodarcza i ochrona praw przedsiębiorców w świetle regulacji Konstytucji Biznesu

Działalność gospodarcza i ochrona praw przedsiębiorców w świetle regulacji Konstytucji Biznesu

Author(s): Mariusz Macudziński / Language(s): Polish Issue: 8/2020

This publication considers key guarantees in the economic law of the rights of entrepreneurs regulated by the content of the package of laws creating the so-called. The starting point is, however, the location of economic activity and the social market economy in the regulations of the Constitution of the Republic of Poland and the basic principles, rights and freedoms derived there from, constituting the basis for the free undertaking of this activity. It also seemed necessary to refer to the general concept of economic activity, as well as various definitions defined by the legislator, depending on the normative act used, in order to understand the subjectivity of economic law participants more widely. As a consequence, the above allowed for a broad display of the principles and rights of conducting business activity guaranteed in the Act – Entrepreneurs' Law and the consequences arising from them. The institution of the Ombudsman for Small and Medium-sized Enterprises was also subject to a detailed assessment, as an additional element of ensuring protection of the rights of entrepreneurs in business transactions and in relations with public administration bodies.

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UBEZPIECZENIE SPOŁECZNE OSÓB DUCHOWNYCH W III RZECZYPOSPOLITEJ POLSKIEJ – WYBRANE ASPEKTY

UBEZPIECZENIE SPOŁECZNE OSÓB DUCHOWNYCH W III RZECZYPOSPOLITEJ POLSKIEJ – WYBRANE ASPEKTY

Author(s): Konrad Żurek / Language(s): Polish Issue: 39/2022

Social security is the basic form of social security provided by the Constitution and is an important instrument in the conduct of social policy by the state. The reformed social security system in Poland has been in operation for over 20 years, when it entered into force on 1 January 1999. It also extended to clergy. The aim of this article is to present and discuss the legal issues related to social insurance for clergy in the period of the Third Polish Republic. The thesis uses the dogmatic and legal method necessary to discuss the issue in question.

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Pot fi actorii „reprezentaţi” de inteligenţa artificială?

Pot fi actorii „reprezentaţi” de inteligenţa artificială?

Author(s): Alexandru Chistruga / Language(s): Romanian Issue: 1/2024

American actors and screenwriters went on strike in July 2023, refusing to take part in any activities associated with the creation and promotion of movies and series. They were motivated to take this action by their „fear" of the development of artificial intelligence. For instance, an increasing number of screenwriters are being asked to adapt a text created by a chatbot (like ChatGtp) so that the ideas can be visualized. As a result, fewer screenwriters are requiered to work on the production of a movie, and those who are still employed are paid less for their efforts. In terms of actors, background actors appear to be the most vulnerable. Thus, companies that are part of Alliance of Motion Picture and Television Producers (such as Netflix, HBO, etc.) give background actors the option to „sell" their digital copy so that it can later be adjusted by AI to appear in any film or series. In other words, digital copies could be used in numerous movies instead of paying for background actors. The future of voice actors is also uncertain because of AI-based tools that can replicate and translate the person's voice into almost every language.

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WĄTPLIWOŚCI NA TLE STRATEGII NA RZECZ OSÓB Z NIEPEŁNOSPRAWNOŚCIAMI 2021–2030

WĄTPLIWOŚCI NA TLE STRATEGII NA RZECZ OSÓB Z NIEPEŁNOSPRAWNOŚCIAMI 2021–2030

Author(s): Ewa Bonusiak / Language(s): Polish Issue: 42/2023

The National Action Programme for Equal Treatment for the years 2022–2030, adopted by the Council of Ministers, is an important document shaping policies and actions for persons with disabilities. Its main goal is to ensure that eligible persons fully participate in society and improve their quality of life. This article highlights several key concerns that may affect the effectiveness and implementation of this Programme. Among other things, it points to a key instrument for achieving the Strategy’s goals – the draft act on equal opportunities, which will provide the legal framework and tools needed to achieve the Programme’s goals.

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KONSTYTUCYJNY OBOWIĄZEK PAŃSTWA OCHRONY RODZINY

KONSTYTUCYJNY OBOWIĄZEK PAŃSTWA OCHRONY RODZINY

Author(s): Sylwia Osiczko-Dec / Language(s): Polish Issue: 43/2023

The article discusses the definition of family, marriage, motherhood, and parenthood as outlined in the provisions of labor law and the Constitution. It highlights legal regulations that guarantee legal protection and social security. The subjects of the dissertation are examined through an analysis of relevant employment laws and associated judicial decisions related to the topic. Employment law provisions grant significant rights and guarantees to married couples and families, specifically in the area of childcare, ensuring decent material conditions for their daily lives. The primary purpose of this article is to examine and assess the effectiveness of legal regulations within the context of family protection. Among the specific objectives are regulations that encompass various aspects of family protection, including marriage, parenthood, and maternity. The key research questions conducted in this study aim to investigate the impact of the Labor Code provisions on the effective functioning of families, specifically concerning maternity, child-rearing, and ensuring the family has essential material foundations for life.

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CHALLENGES AND PERSPECTIVES IN MEDIATING WORK CONFLICTS

CHALLENGES AND PERSPECTIVES IN MEDIATING WORK CONFLICTS

Author(s): Roxana Topor / Language(s): Romanian Issue: 36/2024

The mediation of work conflicts in the Romanian legislative and cultural context represents an essential approach for an efficient solving of the disputes in the field of work, promoting the dialogue and cooperation between employers and employees. The exploration of current challenges and of the perspective of mediation development offers a deep understanding on the role and efficacy of medication as an instrument of amiable solving of work conflicts in an European context.

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Flexibility’ and ‘security’ from rivals to teammates: a short history of flexicurity

Author(s): Marina FERENT-PIPAS / Language(s): English Issue: 2/2023

This article provides a short yet comprehensive historical review of ‘flexicurity,’ an equally acclaimed and debated public policy of the first two decades of the 20th century. Early understandings of ‘flexibility’ and ‘security’ in labor economics placed the two terms in antithetic positions, generally defining ‘flexibility’ as the lack of ‘security’ or considering ‘security’ as the cause for the lack of ‘flexibility.’ The change in social standards in the early 1990s generated the emergence of ‘transitional labor markets,’ a concept that further facilitated the appearance of a new labor market policy – ‘flexicurity.’ The article presents each of these stages in the development of flexicurity. It describes the stories of the three most influential flexicurity cases - the Dutch, the Danish, and the European Union.

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EXPLORING LEGAL AND NON-LEGAL APPROACHES TO ELIMINATING CHILD LABOR IN THE COCOA INDUSTRY IN GHANA

EXPLORING LEGAL AND NON-LEGAL APPROACHES TO ELIMINATING CHILD LABOR IN THE COCOA INDUSTRY IN GHANA

Author(s): Alex Ansong,Kingsley S. Agomor / Language(s): English Issue: 47/2024

The problem of child labor in cocoa-producing countries like Ghana and Ivory Coast has been projected into the international limelight due to coverage by notable international media organizations like CNN, BBC, and Al Jazeera. The incidence of child labor in the cocoa industry raises legal and ethical issues in the production and manufacturing processes that feed into international trade. This paper explores the international legal framework on child labor under the Minimum Age Convention and the consistency of Ghanaian domestic law with the Convention. It further discusses empirical data collected from Anyinam, a cocoa farming community in the Eastern Region of Ghana and the sustainability programme of Federated Commodities Ltd. (FEDCO), as a private sector responsible business initiative aimed at addressing the problem of child labor from a holistic approach.

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DISCRIMINATION UNDER POLITICAL OR OTHER OPINIONS IN PRE-CONTRACTUAL LABOR RELATIONSHIP

DISCRIMINATION UNDER POLITICAL OR OTHER OPINIONS IN PRE-CONTRACTUAL LABOR RELATIONSHIP

Author(s): Simoni Takashvili / Language(s): English Issue: 47/2024

The legislative changes implemented in the Labor Code of Georgia fundamentally changed the regulations governing the prohibition of discrimination. In order to bring them closer to the law of the European Union, a number of important issues were identified that require scientific processing and comparative legal research. One of the current and problematic types of discrimination in Georgian reality is not hiring a person and/or dismissing him/her due to political or other opinions. Case law regarding these topics practically does not exist. The present article deals with the existing regulation related to discrimination due to political or other opinions in pre-contractual relationships. The present paper examines whether Georgian legislation complies with acts of ILO and European law.

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Clauza de mobilitate - facilităţi fiscale reale, de aplicat cu atenţie
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Clauza de mobilitate - facilităţi fiscale reale, de aplicat cu atenţie

Author(s): Horațiu Sasu / Language(s): Romanian Issue: 1/2024

The mobility clause, which has been legislated in the Labour Code since 2003, and to which a tax facility has been attached for the period 2022-2023, is less well known. We set out to analyse this "competitor" to the daily allowance, with significantly superior organisational and fiscal facilities, and which survived the legislative changes in the latter part of 2023 and early 2024. We conclude our analysis with the ANAF and ITM's conception of the subject, given that per diems have been "in the sights" of the ANAF for some time.

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Organizirano slobodno vrijeme radnika brodogradilišta „3. maj“ u okviru politike socijalističkoga samoupravljanja 1980-ih godina

Organizirano slobodno vrijeme radnika brodogradilišta „3. maj“ u okviru politike socijalističkoga samoupravljanja 1980-ih godina

Author(s): Daniela Špoljarić,Sanja Puljar D'Alessio / Language(s): Croatian Issue: 35/2023

This paper examines the topic of organized leisure time within the framework of workers' self-management in the Socialist Federal Republic of Yugoslavia in the 1980s, using the example of the shipyard 3.MAJ in Rijeka. The first part of the paper defines organized leisure time and places it in the context of the shipyard 3. MAJ, while the second part focuses on its depiction from two perspectives – that of the workers on one side, and the company on the other. The aim of the paper is to present the ways in which the workers of 3.MAJ spend their organized leisure time, and subsequently demonstrate its significance for both the workers and the company, thus also revealing the (in)direct reasons for its encouragement.

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SIROMAŠTVO I SOCIJALNA ISKLJUČENOST NEZAPOSLENIH OSOBA: PERSPEKTIVA SOCIJALNOG RADA

SIROMAŠTVO I SOCIJALNA ISKLJUČENOST NEZAPOSLENIH OSOBA: PERSPEKTIVA SOCIJALNOG RADA

Author(s): Katarina Marošević,Anita Barišić,Barbara Cafuk / Language(s): Croatian Issue: 3-4/2023

There are numerous challenges that economies face today. Unemployment has many negative outcomes, with poverty and social exclusion being among the most severe. Due to the pronounced instability of economies in the world, generally as a consequence of the pandemic, the consequences of the war in Ukraine, currency changes, and other social issues, the question is raised as to how many employees are under the potential threat of some type of poverty or unemployment. People who do not have enough resources to meet their material needs can be considered to be living in poverty. Therefore, unemployment is not only a cause but also a consequence of poverty and social exclusion. Social exclusion implies the inability to participate in social, economic, cultural, and political life and can be considered a multifaceted process in which a person’s opportunities for employment, access to health care, inclusion in social networks, and other social processes are reduced. This paper aims to analyse the share of people living in poverty and social exclusion in the Republic of Croatia for the period from 2015 to 2021. It also aims to analyse the most frequently used topics discussed in the fields of unemployment as a macroeconomic field and social work as a social field. In that manner, an interdisciplinary approach has been taken. The paper will analyse the trends of the unemployed as a part of the population that, due to non-participation in the labour market, is in potential danger of poverty and social exclusion. Therefore, the tools used in the Republic of Croatia in order to influence the reduction of poverty and social exclusion of unemployed persons are analysed as well as the disproportion expressed at the county level in the Republic of Croatia. Special emphasis is placed on the role of the social work profession in advocating for and representing vulnerable groups and on the measures by which the social welfare system responds to the problems of poverty, social exclusion and, indirectly, unemployment. The paper presents comments and recommendations for potential successful tools for reducing the problem of poverty and social exclusion.

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THE PATIENT'S RIGHT TO SELF-DETERMINATION
 IN HUNGARY

THE PATIENT'S RIGHT TO SELF-DETERMINATION IN HUNGARY

Author(s): Judit Zákány / Language(s): English Issue: 1/2024

The aim of the study is to examine, interpret, and explain the Hungarian legal regulations related to the patients' right to self-determination. The right to self-determination is one of the most extensively regulated patient right in the Healthcare Act. This right is of utmost importance, since it – together with the right to information – assists the patients in being able to make responsible decisions regarding their treatment. The article presents what the right to self-determination means, outlines its limitations, and also addresses who is entitled to give consent to healthcare interventions. The examination of the right to self-determination is considered a current topicactual, as evidenced by the legal disputes related to it in the courts.

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Противоконституционност на чл. 129, ал. 6 от Данъчно – осигурителния процесуален кодекс в частта „с изключение на задължителните осигурителни вноски“

Противоконституционност на чл. 129, ал. 6 от Данъчно – осигурителния процесуален кодекс в частта „с изключение на задължителните осигурителни вноски“

Author(s): Ani Miteva / Language(s): English,Bulgarian Issue: 1/2024

According to the provision of Art. 129(6) of the Bulgarian Tax and Social Insurance Procedure Code (TSIPC), unduly paid or collected sums, with the exception of mandatory insurance contributions, shall be returned with the legal interest for the expired period when they were paid or collected based on an act of a revenue authority. In other cases, the amounts shall be returned with the legal interest from the day on which they should have been reimbursed. This study presents arguments for the unconstitutionality of the provision of Art. 129(6) of the TSIPC in the part “with the exception of mandatory insurance contributions” due to the contradiction of this provision with Art. 4(1), Art. 6(2), Art. 7 and Art. 17(1)(3) of the Constitution of the Republic of Bulgaria.

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Има ли място добросъвестността при обявяване съществуването на трудово правоотношение?

Има ли място добросъвестността при обявяване съществуването на трудово правоотношение?

Author(s): Rumen Antonov / Language(s): English,Bulgarian Issue: 1/2024

When the labour force is given in a relationship which is a non-employment one, Bulgarian labour legislation shall empower the control authorities of the Labour Inspectorate to declare the existence of an employment relationship by means of administrative coercion. This article analyzes the impact of the conduct of the person who illegally gives their labour force over these relationships.

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Peculiarities of Labour Rights Protection in the Case Law of the European Court of Human Rights

Peculiarities of Labour Rights Protection in the Case Law of the European Court of Human Rights

Author(s): O. M. Yaroshenko,Hanna V. Anisimova,Roman Ye. PROKOPIEV,Ivan P. Zhygalkin,Oleksandr A. YAKOVLYEV / Language(s): English Issue: 2/2023

The practice of defence of labour disputes is quite dynamic. That is why the analysis of labour rights protection in the European Court of Human Rights (ECtHR) is quite relevant. The purpose of the study is to analyse the current case law of the European Court of Human Rights on the protection of labour rights; to analyse the ECtHR's interpretation of the concept of forced labour and the right to form trade unions; to summarise the problematic issues of the ECtHR's case law in the field of labour rights protection and ways to resolve them. The methodological basis of the study is general and special methods and techniques of cognition. The article substantiates that one cannot complain directly to the ECtHR about deprivation of the opportunity to work, denial of access to the workplace, or refusal to hire. The European Convention explicitly states only 2 rights: the right to form and join trade unions and the prohibition of forced and compulsory labour. The author explains the concepts of forced labour and the right to form trade unions and outlines the problematic issues of the European Court of Human Rights case law in the field of labour rights protection and ways to resolve them.

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Blockchain jako nowoczesne narzędzie prawa pracy i zarządzania pracą – wymiar ogólnoteoretyczny i praktyczny

Blockchain jako nowoczesne narzędzie prawa pracy i zarządzania pracą – wymiar ogólnoteoretyczny i praktyczny

Author(s): Janusz Żołyński,Krzysztof Brzostek / Language(s): Polish Issue: 2/2024

The article presents a theoretical and practical analysis of the application of blockchain in the field of labor law, also in connection with the branch of science, which is management. Therefore, adopt- ing such a research objective made it necessary to analyze this issue in the axiological, praxeological, and practical dimensions, with reference to the sphere of management. Consequently, the chosen research method will not be a formal-dogmatic method, which mainly involves the analysis of legal norms, but a general theoretical analysis and reasoning.

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Termin wypowiedzenia umowy o pracę zawartej z nauczycielem akademickim

Termin wypowiedzenia umowy o pracę zawartej z nauczycielem akademickim

Author(s): Beata Rutkowska / Language(s): Polish Issue: 2/2024

The subject of the article is the termination date of an academic teacher’s employment contract. The Law on Higher Education and Science binds this date to the end of the semester. While the regula- tion provided for in the pragmatics allows for a precise determination of the end of the summer semester (30 September), it does not provide grounds for an unambiguous determination of the end of the winter semester. This is confirmed by the differing views of the doctrine on the matter and the practice, as well as the first statements of the judicature. The interpretative dispute boils down to whether the end of the winter semester is determined at the university level or has been uniformly defined in the Law on Higher Education and Science. In view of the significant discrepancies in in- terpretation and the objections raised to the various positions taken in this dispute, it seems justified to call for a clearer regulation of when the end of the winter semester falls, so that the termination date of an academic teacher’s employment contract does not raise any doubts.

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Rola systemów eksperckich opartych na SI w interpretacji przepisów prawa pracy

Rola systemów eksperckich opartych na SI w interpretacji przepisów prawa pracy

Author(s): Paweł Nowik / Language(s): Polish Issue: 3/2024

This article explores the potential of expert systems based on generative artificial intelligence (AI) models in the context of interpreting AI-related labour legislation. The research hypothesis is that these systems can significantly support interpretive processes by automating the analysis of legal texts, identifying interpretive conflicts and facilitating access to information.

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Polskie związki zawodowe w procesie zarządzania algorytmicznego w środowisku pracy

Polskie związki zawodowe w procesie zarządzania algorytmicznego w środowisku pracy

Author(s): Miłosz Barłóg,Łukasz Pisarczyk / Language(s): Polish Issue: 3/2024

The article concerns the role of Polish trade unions in creating a legal framework for the tech-based employment. The authors discuss the impact of the algorithmic management on the structure of the employment relationship and justify the need to protect workers. Social partners can play an important role in shaping this protection. The article discusses the legal instruments which can be used by trade unions. The text outlines the actual picture of collective relations in the technological area. The authors consider the reasons of the weakness of the social dialogue and analyze solutions which could contribute to improving the situation.

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