Designation of the General Concept of Compensation for Work in English and Lithuanian

Author(s): Aušra Tekoriūtė / Language(s): English Issue: 13/2020

As part of a systematic knowledge-based analysis of terms related to regulation of wages, the paper analyzes the meaning, usage, and translation of terms designating the general concept of compensation for work in English and Lithuanian. The analysis is based mainly on Chapter IX of the Labour Code of the Republic of Lithuania and its translation into English, as well as the translation of conventions of the International Labour Organization (ILO) and some other legal texts related to wages into Lithuanian. It has been established that while some English and Lithuanian terms with the general meaning of compensation for work are very similar both semantically and functionally, it is possible to trace certain smaller or greater differences between them.

THE BOARD AS AN EXAMPLE OF JAPANESE CORPORATE GOVERNANCE SYSTEM HYBRIDIZATION: AN OUTLINE OF THE PROBLEM

Author(s): Magdalena Jerzemowska,Yoji Koyama / Language(s): English Issue: 3/2020

This paper argues that hybridization is a process that has been going on for decades in Japan and has contributed to improvement of Japanese corporate governance, and that the regulations regarding the board of directors are a good example of this hybridization process. The paper outlines the main changes within Japanese corporate governance system and identifies their determinants. Three main waves of hybridization of Japanese regulations and corporate governance are identified, along with three functioning structures of Japanese boards, and their strong and weak points. The company with statutory auditors (with Kansayaku Board), the company with Three Committees - nomination, audit, and remuneration - and the company with an Audit and Supervisory Committee are presented as evidence of this hybridization process. The paper addresses the research question: why has hybridization rather than convergence resulted in an improvement of Japanese corporate governance? The method of critical analysis is applied to academic literature sources, legal acts, and corporate governance regulations. The article contributes to a reduction in the research gap in Polish academic literature in the field of Japanese corporate governance, especially with respect to Japanese boards.

Union activity in subsidiaries of multinational corporations in Republic of Croatia

Author(s): Najla Podrug,Mario Filipović,Valentina Kuča / Language(s): English Issue: 3/2015

Multinational corporations as the primary holders of foreign direct investments have a significant impact on the national economy with a well-developed and prepared institutional infrastructure, but they have even stronger impact on the transition economies and developing countries. Expanding into new markets, multinational corporations create new jobs; therefore unions have an important role in protecting employees' rights and their representation towards employers. The role of unions in the lives of all employees is even more noticeable because the situation on the labor market is extremely unfavourable and in many countries employees' rights are threatened. But researches also show that the proportion of union membership in the developed countries is decreasing, and also in developing countries and this trend has not bypassed Croatia. The aim of this paper is to investigate the role of unions in the subsidiaries of multinational corporations in Croatia. In more than half of the analyzed subsidiaries of multinational corporations we identified one hundred percent coverage of employees by collective agreements. We analyzed the most common reasons for joining the union and evaluated the relationship between unions and human resource management departments.

Sunkiomis ir nepagydomomis ligomis sergančių asmenų orumo apsaugos reikalavimas – tarptautinės ir nacionalinės teisės normos bei praktiniai jų taikymo aspektai

Author(s): Kristina Astromskė,Rūta Butkevičienė,Jolanta Kuznecovienė,Eimantas Peičius,Gvidas Urbonas / Language(s): Lithuanian Issue: 1(23)/2021

The issues concerning human rights and freedoms in the field of health care are of utmost relevance and require particular attention. Especially as ageing of population, advancement of biomedicine, a better quality of health services and a whole range of other factors lead to longer life expectancy, require more health resources and, at the same time, open new legal and ethical dilemmas in dealing with the decisions about the end-of-life care. At the last stage of illness and life of patients, the aspects of quality of life, the burden of caregivers, social and financial needs cannot be ignored. Various studies show that people stricken with serious and incurable diseases also face obstacles to the implementation of human rights, such as exclusion, discrimination, inaccessible essential care, and other healthcare services. Therefore, one of the fundamental issues in this area is finding the best way to ensure the dignity of patients in the final stages of life, which is an essential background to the full application of fundamental rights and freedoms of every person. In line with the Council of Europe's recommendations on the protection of the human rights and dignity of the terminally ill and the dying, we sought to clarify the application of the measures proposed in the recommendations in accordance with international and national law as well as with the ethical principles of medical practice. When assessing research studies, health policy, and the development of legal regulation in Lithuania, it was found that the actual protection of human rights and dignity in health care requires, first of all, unambiguous legal provisions and subsequently sufficient organizational measures, the continuous education of medical practitioners, in order that human rights and non-degrading conditions for human dignity are guaranteed by ensuring good quality of health care, including acceptable and accessible palliative care. According to the obligations of the State to protect human rights and the case-law of the European Court of Human Rights, there must be a balance found between respect for human dignity and the right to self-determination while establishing the regulation of options and procedures relating to end-of-life decisions. At the same time, the need for preserving other interests of vulnerable persons and society cannot be ignored. That is why the prevention of the abuse of seriously ill persons, which may arise in the care system while pursuing the objectives incompatible with human dignity, is also essential. It is necessary to agree on the precise and unified use of legal concepts when determining the possibilities to refuse treatment, life support, or resuscitation procedures, and to establish a regulation that meets the needs of society, which can be disclosed through the public debate and research. A comprehensive integration of societal values and conditions, that meet the needs of patients and their caregivers, into the provision of health services, and into the legal rules, governing the relationship of patients and healthcare providers, could make a significant contribution to the implementation and the protection of human dignity, not only in the provision of palliative care, but also in all other areas of health care services.

Gender Equality in the Field of Economic and Social Rights

Author(s): Delila Hasanbegović / Language(s): English Issue: 6/2021

With respect to the protection against direct and indirect discrimination, The Law on Gender Equality refers the parties to use the anti-discrimination protection mechanisms defined by the Law on Prohibition of Discrimination. Sexual harassment and gender-based harassment are criminal offenses, and the Law on Gender Equality and the Law on Prohibition of Discrimination require employers to ensure all effective measures aimed at preventing the same. Bosnia and Herzegovina has also committed to harmonizing all general and special collective agreements with the provisions of the Law on Gender Equality, and an important role of unions and employers' associations in securing the protection of equal right to work regardless of gender is emphasized.

Rodna ravnopravnost u oblasti ekonomskih i socijalnih prava

Author(s): Delila Hasanbegović / Language(s): Bosnian Issue: 6/2021

U pogledu zaštite od direktne i indirektne diskriminacije, Zakon o ravnopravnosti spolova upućuje stranke na korištenje anti-diskriminacijskih mehanizama zaštite iz Zakona o zabrani diskriminacije. Seksualno uznemiravanje i uznemiravanje no osnovu spola su krivična djela, a ZoRS i ZoZD zahtijevaju od poslodavaca da osiguraju sve efikasne mjere radi njihovog sprečavanja. BiH se također obavezalo na usklađivanje svih općih i posebnih kolektivnih ugovora s odredbama ZoRS-a, te se ističe važna uloga sindikata i udruženja poslodavaca u osiguranju jednake zaštite prava na rad bez obzira na spol.

Dobre praktyki popularyzacji wiedzy o koordynacji systemów emerytalnych w wybranych państwach Unii Europejskiej

Author(s): Monika Gzik / Language(s): Polish Issue: 66/2020

More and more Poles are using EU regulations coordinating pension systems. These are both people who currently live in another EU country as well as people who return to Poland after working abroad. The method of analysing the literature on the subject was used and the studies on the knowledge, opinions and attitudes of Poles regarding social insurance in Poland and the coordination of pension benefits were reviewed. An analysis of current national surveys indicates that the level of this knowledge is very low. Knowledge about EU legislation functions at the expert and scientific level. The use of European experience regarding the dissemination of knowledge on the coordination of pensions seems to be necessary; therefore, selected initiatives of popularization of the knowledge in selected EU Member States were presented, thus creating recommendations for Poland.

ANONYMITY AND OPENNESS IN GAMETE DONATION: THE RUSSIAN POLICY ON THE THIRD-PARTY REPRODUCTION

Author(s): Rafał Łukasiewicz,Angelo Viglianisi Ferraro / Language(s): English Issue: 3/2021

The Russian Federation is one of the few jurisdictions where recipients and gamete donors have a wide scope of choice between anonymous, identifiable, and known donations. This paper examines how the Russian law regulates this sphere and how it is applied in practice basing on data collected in the largest reproductive cells bank in Russia. It demonstrates that the Russian Federation should be regarded as a country in which there is no single dominant approach to the matter of donor anonymity. The assessment of this ‘freedom of choice’ is not unambiguous. It gives recipients and donors the right to decide which option is the most suitable for their needs and motivations, simultaneously not resolving which values take precedence over others. The donor-conceived persons’ right to disclose donor’s identifying data sometimes may conflict with the donor’s right to protect their privacy and usually, jurisdictions decide which one has the priority.

Pomniejszenie podstawy wymiaru emerytury powszechnej kobiet urodzonych w latach 1949–1952, pobierających emeryturę wcześniejszą

Author(s): Celina Siermińska-Warczak / Language(s): Polish Issue: 52/2021

On 1 January 2013, the provision of Article 25 section 1b of the Pension Benefits from the Social Insurance Fund Act entered into force. This provision provides for the reduction of the amount of the pension awarded upon reaching the required retirement age by the sum of the amounts received by the insured person within the framework of early retirement pensions. This article presents the problem of applying the above regulations to women born in 1949–1952, who received early retirement pension and acquired the right to retirement pension at the universal retirement age before 1 January 2013, but submitted the application for establishing the eligibility to retirement pension after that date. The aim of the article is to analyse the existing jurisprudence of the Supreme Court and the Constitutional Tribunal on this issue. These regulations are also assessed for their compliance with the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms. It shows that the issue of applying the mechanism of reducing the basis for calculating the general retirement pension by the sum of the amounts received within the framework of early retirement pensions to women born in 1949–1952 by social security organ and then by Polish courts is decided, but this group of insured persons still has a chance to pursue their rights in the European Court of Human Rights in Strasbourg.

POLICE COOPERATION DETERMINANTS WITH THE NATIONAL LABOUR INSPECTORATE

Author(s): Marian Andrzej Liwo / Language(s): English Issue: 31/2020

Cooperation is one of the forms of impact having a significant impact on increasing the efficiency of the implementation of tasks by cooperating entities. It can result either from legal regulations as specific initiatives of specific entities, also taking the form of an agreement. The Police cooperation with the National Labour Inspectorate is the result of specific normative regulations and the concluded Agreement, which includes a wide range of topics. An analysis of the parties’ activities against the background of the concluded Agreement indicates appreciation of its provisions by the Police and the National Labour Inspectorate to ensure the rule of law in employment and in other matters to which it relates.

The taxpayer’s claim under the tax law relationship of a tax overpayment

Author(s): Adam Drozdek / Language(s): English Issue: 33 (1)/2021

The purpose of the research undertaken in this paper is to analyse the tax claim. It is an institution that has its source in a subjective right. As part of a tax claim, a taxable entity may assert its rights resulting from the obligation-involving tax law relationship of a tax overpayment. The institution of crediting overpayments towards tax arrears and current obligations is a special type of tax claims securing the exercise of the rights of taxable entities under the tax law relationship. The basic research method used for the purposes of the analysis undertaken in this publication is a comprehensive analysis of the normative status of the issues analysed and of selected views of legal commentators and of judicial and administrative decisions.

Annuity and life annuity contract used as a home reversion

Author(s): Katarzyna Dziewulska / Language(s): English Issue: 33 (1)/2021

Equity release services are becoming increasingly popular nowadays. They are a remedy for the financial problems of seniors who do not have enough money to support themselves and cannot count on family support. In practice, these services are provided under a sales model and the entrepreneurs offering them (mortgage funds) treat their business activities commercially as a way to increase their profits. The credit model, despite its regulation, does not work in practice. At the same time, the basis for the economic activity of these funds are the regulations governing annuity (Pl: renta) and life annuity (Pl: dożywocie) contracts – legal institutions with a maintenance function, whose aim is to help with maintenance. The importance of this function means that the debtor, as a party to annuity contracts, should not focus on making a profit, but on the material or personal support of the recipient. A discrepancy has therefore arisen between the maintenance function of annuity and life annuity and the commercial nature of the business of home reversion service providers, which distorts the essence of the former. Therefore, the legitimacy of invoking Articles 903-916 of the Civil Code to home reversion services should be questioned and the aim of this paper is to examine such legitimacy. The analysis leads to the conclusion that annuity and life annuity contracts, due to their maintenance function, are not an appropriate legal basis for a reverse mortgage. The discussion is based on the theoretical method, in particular on a causal and critical analysis.

ГРИЖИТЕ ЗА ДЕЦА В РАННА ДЕТСКА ВЪЗРАСТ, КАТО ФАКТОР ЗА СЪВМЕСТЯВАНЕТО НА ПРОФЕСИОНАЛНИЯ И ЛИЧНИЯ ЖИВОТ

Author(s): Mariya Mancheva / Language(s): Bulgarian Issue: 4/2021

Reconciling of work and private life and gender equality are two of the principles of the European Pillar of Social Rights. The balance between work and family is becoming increasingly difficult to achieve in the context of rapidly evolving technologies, the need to increase digital skills and knowledge, adaptation to new realities in social and economic life. Providing quality care and education for children in early childhood enable parents to better realize themselves in the labor market.

Wyjątki od zakazu dyskryminacji ze względu na religię lub przekonania w zatrudnieniu pracowniczym na gruncie art. 4 dyrektywy 2000/78/WE

Author(s): Łukasz Wacław / Language(s): Polish Issue: 24/2021

Equal treatment and the prohibition of discrimination are among the fundamental principles of EU law. This also applies to equal treatment on the grounds of religion or belief in employment. In this area, these values have been secured by Council Directive 2000/78/EC of 27 November 2000, establishing a general framework for equal treatment in employment and occupation. However, the Directive provides for certain exceptions to these general rules. There are circumstances in which the employer’s actions create the appearance of discrimination, but in their essence they do not constitute discrimination. Such a situation occurs when, due to the type of occupational activities or the conditions in which they are carried out, the characteristics related to religion or belief constitute a genuine and determining occupational requirement, and the objective is legitimate and the requirement is proportionate (art. 4 (1)). Such a situation also occurs when, due to the nature or context in which the occupational activities of a church or other organization whose ethos is based on religion or belief are carried out, religion or belief constitute a genuine, legitimate and justified occupational requirement, having regard to the organization’s ethos (art. 4 (2) para. 1). Finally, this is also the case with the requirement of acting in good faith and with loyalty to the organization’s ethos that churches or other organizations whose ethos is based on religion or belief may impose on their employees (art. 4 (2) para. 2). These three situations constitute, as it were, three separate exceptions to the prohibition of discrimination. However, this classification, with which the Author of this study agrees, is not always accepted in jurisprudence and doctrine. Therefore, apart from a detailed analysis of the above-mentioned exceptions to the prohibition of discrimination, the article also presents the existing discrepancies in this matter.

Wyrok Sądu Apelacyjnego w Szczecinie III Wydział Pracy i Ubezpieczeń Społecznych z dnia 30 czerwca 2020 roku (III AUa 129/20)

Author(s): Not Specified Author / Language(s): Polish Issue: 34 (2)/2021

Wyrok Sądu Apelacyjnego w Szczecinie III Wydział Pracy i Ubezpieczeń Społecznych z dnia 30 lipca 2020 roku (III AUa 248/20)

Author(s): Not Specified Author / Language(s): Polish Issue: 35 (3)/2021

Mariusz Nawrocki – Odpowiedzialność dyscyplinarna komornika sądowego, Currenda, Sopot 2020

Author(s): Barbara Janusz-Pohl / Language(s): Polish Issue: 35 (3)/2021

I ogólnopolska konferencja naukowa prawa pracy „Elastyczne formy zatrudnienia”, Szczecin, 16 marca 2021 roku

Author(s): Jakub Waszkiewicz / Language(s): Polish Issue: 35 (3)/2021

Türkiye’nin Avrupa Birliği Sosyal Politikasına Uyumu: Genel Bir Değerlendirme

Author(s): Mehmet Muharrem Kasapoğlu / Language(s): Turkish Issue: 16/2021

Turkey’s half-century-long membership initiatives to the European Union (EU) is a long and controversial process. This process gained new momentum in 1999, and the EU initiated many different negotiation chapters, where Turkey’s progress in the membership process and its efforts to cohering with the union were/are being monitored closely. One of the noticeable achievements of Turkey in this process is undoubtedly the social development thanks to its determination and efforts to transform its social policy legislation and practices to keep up the EU. In addition to the other conditions required for full membership, all countries in the membership process are expected to adapt their social policy legislation and practices to union practices and acquis. Accordingly, Turkey has modified or revised most of its employment and social legislation. Ultimately, the present study discusses Turkey’s efforts to cohere the leading indicators and regulations in social policy, labor law, occupational health and safety, social dialogue, social protection, union rights and freedoms, employment strategies, and combating gender discrimination to EU and offers policy recommendations for further development and cohesion. The acquis comparison may lead us to assert that the full membership process of Turkey has substantial contributions to the generation of laws with social issues and that such contributions have been realized at rather unprecedented levels in the degree of social protection to individuals by laws and the expansion of the scope of the laws.

Work-Life Balance, Upward Career Mobility and Further Education: The Case for Working Mothers

Author(s): Marisabelle Camilleri,Damian Spiteri / Language(s): English Issue: 1/2021

Purpose: This paper aims to explore how working mothers make sense and respond to their professional desires, responsibilities and expectations within the context of motherhood. It also seeks to explore what it takes for mothers to live up to their potential at work, what it takes for mothers to reach top positions in their field of work and the challenges they face. All of this with the ultimate aim of pooling opinions as to which incentives, strategies or measures can help reduce the conflict between family life and work. Study design/methodology/approach: Via a phenomenological approach and through the lens of social constructivism, this qualitative study is based on interviews with seven mothers holding executive or managerial positions in Malta. Findings: Balancing family and work proves to be extremely difficult, especially when the mother holds executive or managerial roles, and this comes with much stress and requires constant planning and organisation, time management, perseverance, resilience, spousal and parental support, and completely sacrificing one's time for hobbies or similar interests. Mothers' innate drive to prioritise their families caused all of the interviewees to shape their careers or studies around family responsibilities, with all but one opting for career breaks when their children were still young, yet such a decision was never regretted. All the interviewees chose to pursue self-actualising roles at work at some point or another. Such an intrinsic drive to reach their full potential caused almost all of the interviewees to further their studies up to a certain extent. Originality/value: This paper provides raw insights into the struggles working mothers face when balancing work and family life, primarily if the mother seeks to actualise herself via a fulfilling career. The paper presents recommendations for policymakers, employers and society as a whole on how mothers' potential in the workforce can be cultivated.