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ROLA ZWIĄZKÓW ZAWODOWYCH W TWORZENIU AUTONOMICZNYCH ŹRÓDEŁ PRAWA PRACY — ZWIĄZEK KONFRONTACYJNY CZY KOOPERUJĄCY?

Author(s): Łukasz Pisarczyk / Language(s): Polish Issue: 1/2024

The subject of the article is an analysis of the role of trade unions in creating autonomous sources of labor law. The condition for building a stable compromise is the existence of strong trade unions capable of confronting the employer and, on the other hand, the will to cooperate and work for the common good. The role of the state and the law is to create formal conditions to achieve such conditions. The existing legal solutions are analyzed from the perspective of the actual position of social partners and the state of relations between them.

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ZAKŁADOWE SPORY ZBIOROWE A ROLA PAŃSTWOWEJ INSPEKCJI PRACY

Author(s): Justyna TOMALSKA / Language(s): Polish Issue: 1/2024

Available statistics indicate that there are still company collective disputes in Poland, but thenumber of such disputes has been changing over the years, which causes us to reflect on the currentregulations in this regard, the possible direction of their changes, and to analyze whether the StateLabour Inspection has the authority to resolve company collective disputes. The above issues arethe subject of analysis of this article, since often the parties to a dispute turn to the State Labour In-spection with the belief that, being an authority established to supervise and control the observanceof labour law, it can take actions interfering in the course of company collective disputes. In thisarticle, the author asseses whether the above-mentioned thesis has legal justification, what are theexpectations of the parties to the company collective disputes regarding the role of the State LabourInspection in this dispute, and what changes in the legal provisions should be undertaken. Analysisof the topic leads to the conclusion that, apart from the employer’s information obligation to informthe District Labour Inspector about the initiation of company collective disputes in the light of the Article 8 of the Act of 23 May 1991 on solving collective labour disputes, the law does not grant tothe District Labour Inspector or to the inspectors of the State Labour Inspection any explicit powersand legal instruments to influence the course of an ongoing company collective dispute

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PROTECTION OF THE MINOR THROUGH THE PROTECTION ORDER

Author(s): Roxana Topor / Language(s): Romanian Issue: 38/2024

The protection of the minor through the protection order is an essential legal tool in the prevention of domestic violence and abuse. The national and international legislative framework, the principle of the best interest of the child and the challenges in the effective application of these measures underline the need for inter-institutional collaboration and effective monitoring mechanisms.

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ILO’s Convention 182 on the Worst Forms of Child Labour: Challenges for Its Application in Latin America

Author(s): Cecilia Zsögön / Language(s): English Issue: 3/2024

Child labour, including its “worst forms”, is spread in Latin America. According to the UnitedNations Children’s Fund, the number of children engaged in work increased by 8.4 million between2016 and 2020, marking the first rise since 2000, with millions more are at risk due to the impact ofthe COVID-19 pandemic. In this scenario, what is the role of the conventions of the InternationalLabour Organization (ILO) related to child labour, specifically Convention 182 related to its worstforms? Even though this Convention was the first to achieve universal ratification its real impact onthe situation of vulnerable children is not straightforward. This paper analyses the role of ILO con-ventions on child labour in the post-COVID scenario in Latin America and how they could contributeto improve the situation of vulnerable children in the region. A right-based approach is a valuabletool to monitor child labour, but the reinforcement of legal instruments requires an interdisciplinaryapproach together with social and economic policies. Finally, due to the specificity of the region,other issues like the naturalization of child labour demand a cultural change along with sufficientlyeffective and dissuasive penalties.

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Udzielanie i finansowanie terapii spoza katalogu świadczeń gwarantowanych w niemieckim ubezpieczeniu zdrowotnym

Author(s): Daniel Eryk Lach / Language(s): Polish Issue: 81/2024

The subject of the study is to discuss the admissibility of providing and financing therapies outside the catalog of benefits guaranteed in the German health insurance. The starting point is the analysis of the so-called St. Nicholas' Day resolution of the German Federal Constitutional Court (BVerfG) and the judgments of the Federal Social Court (BSG) specifying the guidelines contained therein. Then, against this background, will be presented the regulation of § 2 sec. 1a of Book Five of the German Social Code (SGB V), stipulating – on an exceptional basis – the right of insured persons to health care services not covered by the system guarantee.

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The Contract on the Transfer of Agricultural Holdings

Author(s): Tibor Kiss / Language(s): English Issue: 1/2023

At the end of 2021, the Hungarian Parliament adopted Act CXLIII of 2021 on the Transfer of Agricultural Holdings, which entered into force on 1 January 2023. The Act codified the agricultural holding transfer contract, defining its concept, essential elements, and types. This article presents and describes the rules of this new type of contract. The article also discusses the theories developed in Hungarian case law and jurisprudence on the classification of the contract. The author attempts to classify the new type of contract within the existing categories of contracts. The author points out that the practical application of the new type of contract as an atypical contract outside the Civil Code may raise problems, especially in view of the combined application of the provisions of several different legal norms and the mixed nature of the contract. Problems may arise from the fact that, in addition to the statutory provisions on business transfer contracts, the provisions of the Civil Code, the Act on the Turnover of Agricultural Land, and the Family Farm Act also apply.

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COMPETENȚA GENERALĂ A INSTANȚELOR JUDECĂTOREȘTI LA SOLUȚIONAREA CAUZELOR CE REZULTĂ DIN RAPORTURILE JURIDICE DE MUNCĂ

Author(s): Alexandru Prisac / Language(s): Romanian Issue: 01/2024

This article analyzes the regulations regarding the general competence of the courts to resolve labor disputes. The way of delimiting the powers of the courts from other jurisdictional bodies when solving these civil cases was highlighted. In particular, these regulations were researched both for the examination of individual labor disputes and for the resolution of collective labor conflicts. The problem existing in the judicial practice regarding the delimitation of the powers of the jurisdictional bodies in the settlement of civil cases resulting from legal employment relations was highlighted. In order to improve the regulations in this field, proposals were submitted to supplement and modify the legislative framework.

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РЕАЛИЗАЦИЯ КОНСТИТУЦИОННЫХ ГАРАНТИЙ ЗАЩИТЫ ДЕТЕЙ В НОРМАХ ОТРАСЛЕВОГО ЗАКОНОДАТЕЛЬСТВА

Author(s): Natalia Sciuchina / Language(s): Russian Issue: 01/2024

Constitutional guarantees are considered, their impact on the norms of industry legislation in terms of defining and consolidating guarantees in the sphere of labor for children, as well as in connection with motherhood, the presence of children, guarantees enshrined in the norms of family law, as well as some norms of administrative and criminal law. The guarantee nature of constitutional principles in relation to labor relations involving minor workers is substantiated. A classification of guarantee standards in the labor sphere is given. A classification of constitutional guarantees for the protection of children is proposed.

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LABOR MARKET IN THE CONTEXT OF KARL POLANYI'S APPROACH TO THE CONCEPT OF EMBEDDEDNESS

Author(s): İsa YEŞİLDAĞ,Bogdan Nicolae Mucea / Language(s): English Issue: 2/2022

KARL POLANYI STATED THAT ECONOMIC SYSTEM WAS EMBEDDED IN THE SOCIAL STRUCTURE IN PRIMITIVE SOCIETY, HOWEVER, WITH THE TRANSITION TO MODERN SOCIETY AND THE EMERGENCE OF MARKET ECONOMY, THE SOCIAL STRUCTURE BECAME EMBEDDED IN THE ECONOMIC SYSTEM. ALTHOUGH INDIVIDUALS SEEM TO MAKE ECONOMIC DECISIONS BY TURNING A BLIND EYE TO SOCIAL RELATIONS IN A MARKET ECONOMY, THERE ARE SOCIAL RELATIONS UNDERLYING INDIVIDUALS' CONDUCT TOWARDS EACH OTHER. THE LABOR MARKET, AS OTHER MARKETS, FUNDAMENTALLY EXPRESSES A SYSTEM THAT OPERATES IN THE DIRECTION OF SUPPLY AND DEMAND, HOWEVER, THE DETERMINATION OF THE LABOR COST BETWEEN EMPLOYEE AND EMPLOYER IN THE LABOR MARKET IS THE MOST OBVIOUS FORM OF THE COMBINATION OF ECONOMIC AND SOCIAL BEHAVIORS IN THE LABOR MARKET. ACCORDING TO POLANYI, THE ENTITY OF MARKETS IN THE LIBERAL SYSTEM AND THE COMMODIFICATION OF LABOR, LAND, AND MONEY ARE INDICATIONS THAT THE SOCIAL STRUCTURE IS "EMBEDDED" IN THE ECONOMIC SYSTEM. THE AIM OF THIS STUDY IS TO THEORETICALLY DISCUSS THE EFFECTIVENESS OF SOCIAL RELATIONS IN THE FUNCTIONING OF THE LABOR MARKET.

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Political and Economic Dimensions of the Dominance of Selected Asian Recycling Yards in the World

Author(s): Małgorzata Kamola-Cieślik / Language(s): English Issue: 2/2024

India, Bangladesh, and Pakistan have dominated the global ship recycling market in the 21st century. A recycled ship provides steel and other metals for industrial reuse. In addition to economic gains, ship recycling affects the environment and workers’ health. The article compares the changes in the policies of the governments of India, Bangladesh, and Pakistan regarding recycling shipyard operations from 2009-2022 in the context of international and EU law standards. It also shows the impact of international organizations, shipbuilding trade unions, Shipbreaking Platform non-governmental, Maersk shipping company, and Norway on the decisions of South Asian countries to make them ratify the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships. Analysis of the collected research material allows us to conclude that the governments of India, Bangladesh, and Pakistan have shown varying degrees of understanding of introducing legal regulations for safe ship recycling.

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Protection of Workers’ Rights in Bankruptcy Proceeding in Serbian and Western Balkans Legislation

Author(s): Marija Mijatović,Zoran Vavan,Tamara Gajinov / Language(s): English Issue: 3/2024

The protection of workers’ rights in bankruptcy proceedings is a matter of supreme importance in every country. Comparing national laws, one could conclude that the predominant solution is to grant workers the position of privileged creditors. In Serbia, workers are protected by means of two laws: the Labour Law, which is the lex generalis for this area, and the Bankruptcy Law, which has the role of lex specialis. In addition to protection during bankruptcy proceedings before commercial courts, workers can appeal to the state’s national guarantee institution, namely, the Solidarity Fund. Serbia is, therefore, among the countries which employ a mixed – protectionist system. By analysing the legal solutions related to these issues, the authors want to determine the correlation between national legal solutions and those at the European Union level, and to consider the problems in bringing these claims in legal practice. They have also reviewed the current legislation in some Western Balkans countries including Croatia as a member of the EU, and Bosnia and Herzegovina, which has candidate status akin to Serbia. The authors conclude that Serbian law has a modern, hybrid approach in securing the rights of workers in bankruptcy proceedings, but that there is room for improving regulations in this area. This could be achieved by, inter alia, increasing the volume of claims guaranteed to workers, restricting the reasons for initiating bankruptcy proceedings, making preliminary payments to workers in the initial stages of the proceedings, and keeping court records on the percentage of workers’ claims being realised in bankruptcy proceedings.

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THEORETICAL COORDINATES ON EXTERNAL MIGRATION AND LABOR MOBILITY

Author(s): Dumitru Otovescu,Veronica DINUȚ / Language(s): English Issue: 3/2021

The topic of this article is migration as a social phenomenon, analyzed both globally and in Romania. International migration is today a phenomenon that takes many forms, produces effects and shapes national societies. This phenomenon leads to migratory behavior and globalization, causing essential changes in the traditional way of life. In the contemporary world, international migration is a common reality of everyday life, the variety of forms and causal factors requiring a dynamic analytical approach, according to the particularities of each category of migrants. In this article we will outline the main theoretical coordinates related to external migration, with emphasis on the specifics of the sociological perspective of approaching this phenomenon.

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CYBER SECURITY’S NEW CHALLENGES UNDER COVID-19 PANDEMIC: BETWEEN TECHNIQUE AND LAW

Author(s): Corina DODI / Language(s): English Issue: 2/2021

COVID-19 has changed the way cyber security is viewed by corporations in the global community. “Data is the new oil” — the value of information has become comparable to the value of raw materials. Information becomes especially important in the context of its processing using machine learning and other modern technologies. The more valuable information is for a business and civil society, the greater the need to protect it. Cybersecurity refers to one of the branches of information security and covers the protection of data in the networks of companies and organizations, as well as the protection of private information of individuals. Cybersecurity has a huge importance to business, civil society, governments, national and international critical infrastructure and includes protecting information systems and data from cyber threats such as computer fraud, espionage, sabotage or vandalism.

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Особенности правового статуса руководителя представительства иностранной компании в России

Author(s): Maria Kaurakova,Venera Davlieva / Language(s): Russian Issue: 2/2021

The choice between various forms of presence on the Russian markets to meet the goals of foreign companies is the main problem that they currently face. And traditionally this choice is not made in favour of representative offices for the lack of knowledge of their phenomenon and meaning for further development of law and relations bringing together different legal orders in a predictable and efficient manner. In this paper we will try to answer distinct issues that inevitably arise in practice when considering relations on the opening, functioning and closing of foreign companies’ representative offices in Russia and characterize the legal status of the persons managing them.

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ABORDĂRI TEORETICO-PRACTICE PRIVIND MĂSURILE EDUCATIVE APLICABILE MINORILOR AFLAŢI ÎN CONFLICT CU LEGEA

Author(s): Irina Bodareva-Solomon / Language(s): Romanian Issue: 1/2022

The topicality of the addressed topic resides in the interest shown in knowing the importance of educational measures applicable to minors in conflict with the law. Criminal minors are one of the major and permanent concerns of criminal policy in all modern states. Criminal manifestations in the age range that characterizes minors raise very special and specific problems of prevention and combat, due, on the one hand, to the multitude and diversity of factors that can negatively mark the ability of minors to adapt to the demands of socially accepted norms of conduct , and on the other hand, the extremely fragile and influenceable character of their personality. Unlike some foreign legislation (such as the French one), where educational measures can be taken even without establishing criminal responsibility, in the Moldovan criminal system they can only be consequences of concrete criminal responsibility and can only be taken against the minor who committed a crime. The moments exposed in the content of this article are useful, in particular, in terms of the practical applicability of the educational measures applicable to minors in conflict with the law.

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Manipularea calitativă și cantitativă a conflictelor colective de muncă și a grevelor cu ajutorul inteligenței artificiale: o abordare teoretică inter– și trans-disciplinară asupra relațiilor de muncă moderne

Author(s): Gioni Popa-Roman,Iurie FRUNZĂ / Language(s): Romanian Issue: 2/2023

In today’s context of rapid technological evolution, this article explores from a purely theoretical perspective how artificial intelligence (AI) can be used as a tool for qualitative and quantitative manipulation of collective labor disputes and strikes. Beyond the simple use of modern technologies, this article examines the theoretical and epistemological foundations of integration (IA) in the analysis and prediction of labor conflicts. A theoretical framework is proposed that combines the theory of social conflict and the theory of industrial relations with contemporary approaches in the field of artificial intelligence, thus offering a new way to conceptualize and understand the dynamics of labor relations in the global economy. In conclusion, the paper discusses the epistemological, ethical and social implications of such an interdisciplinary approach.

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Zpráva z mezinárodní vědecké konference Zákoník práce a sociální zabezpečení 2024

Author(s): Kateřina Štěpánková / Language(s): Czech Issue: 4/2024

The document reports on the International Scientific Conference 'Zpráva z mezinárodní vědecké konference Zákoník práce a sociální zabezpečení 2024 (Labour Code and Social Security 2024),' held from September 25-27, 2024, in Třešť. Organized by the Czech Society for Labour Law and Social Security Law, in collaboration with the Institute of State and Law of the Academy of Sciences and the Faculty of Law at Charles University, the conference addressed current issues in social dialogue, employment law, and social protection. Key topics included amendments to the Employment Act, legal definitions of dependent work, and contemporary Supreme Court jurisprudence. The event featured presentations from representatives of the Ministry of Labour and Social Affairs, the Confederation of Industry, and trade unions, followed by discussions on collective bargaining and the plurality of trade union organizations. The final day focused on the impact of EU law on social protection in the Czech Republic, covering social security coordination, discrimination, and sustainable healthcare. The conference concluded with a lecture on pension reform in the Czech Republic and a joint discussion.

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Eludarea bugetului de stat pentru neplata CAS, CASS şi a impozitului pe venit, prin intermediul unui centru financiar offshore

Author(s): Diana-Gabriela Pohață / Language(s): Romanian Issue: 5/2024

This paper aims to analyze the impact of undeclared work on the state budget at the level of 2023, as well as on the citizen. Over the years, undeclared work has been defined by a number of terms, such as «undeclared work», «illegal work», «undeclared work», «gray work”. Irrespective of the formula specified in the specialized jargon, its consequences are devastating for a country’s budget, having a significant influence on the collection of the contribution due to the state budget by the employee and the employer. Another important aspect is the repercussions on citizens, limiting their access to certain rights, i.e. a fair employment contract, social security, pension. Therefore, in the short, medium and long term, the repercussions of this scourge are significant. For this reason, I will analyze the impact of undeclared work in the case of a Romanian-owned company with 200 employees. This paper aims to study the influence of informal work on the state budget, as well as the consequences of this phenomenon on the employee. With this theme we want to bring back into discussion one of the issues that Romania is facing both in the past and in the present, namely - undeclared work / illicit work / gray work / untaxed work, at the level of 2023 and the way to evade the state budget by not paying social security contributions (CAS, 25%), health insurance contributions (CASS, 10%), income tax (IP, 10%), and the contribution to the insurance contribution for work (CAM, 2.25%).

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Cauza C-204/90, Bachmann

Author(s): Laura Lazăr / Language(s): Romanian Issue: 5/2023

The Bachmann case law represents a landmark in the jurisprudence of the Court of Justice of the European Union concerning derogations from the free movement of persons and services in order to ensure the coherence of national tax systems. The ruling emphasizes the importance of maintaining the integrity of national tax regimes and clarifies the conditions under which derogations are acceptable. The case reflects the complexity of the interaction between national tax legislation and EU law, highlighting the need for a clear and fair framework to address these issues. The CJEU’s decision in this case remains relevant to contemporary discussions on tax harmonization and the limits of fiscal sovereignty of the Member States within the European Union.

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Social Ordering and Welfare Conditionality, or Benevolence and Opportunity? Experiences of Poor Relief in England in the Nineteenth Century

Author(s): Tony Murphy / Language(s): English Issue: 2/2024

This paper is concerned with how poor relief in the nineteenth century - poor relief in its broadest sense - was experienced by those at the margins of society by exploring working-class autobiographies. This is primarily in the context of London, but it is also set within the wider national context. A critical paradigm of welfare is utilised to explore the extent to which those writing about their lives understood their engagement with poor relief processes akin to the arguments of critical writers on social welfare. The findings suggest that experiences of poor relief tended to be negative, or at least those writing about their experiences had critical points to make. Themes of social control and ordering, hierarchy, and conditioning are reflected within the autobiographies.

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