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Laskavý průvodce po sociálních dávkách

Laskavý průvodce po sociálních dávkách

Author(s): Rudolf Červený / Language(s): Czech Issue: 2/2020

Review of the book: Libuše Čeledová - Rostislav Čevela: Laskavý průvodce po sociálních dávkách /„A Friendly Guide to Social Benefits“. Praha: Karolinum, 2019, 253 stran, ISBN 978-80-246-4410-3. This previewed book aims to assist and provide advice for patients, doctors, students and social services workers on how to proceed with the submission of applications to public administration authorities with regard to the assessment issue. The publication provides comprehensive information on the health and pension insurance systems, various social benefits and state-provided social support and assistance. The guide also describes the structures of the Ministry of Labour and Social Affairs and the Czech Social Security Administration from their establishment up to the present day.

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Paradigmele axiologice ale Dreptului muncii
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Paradigmele axiologice ale Dreptului muncii

Author(s): Claudia-Ana Moarcăş / Language(s): Romanian Issue: 03-04/2020

This paper aims at a brief analysis of the labour relationship in the 21st century while relying on the consecrated paradigms of the labour law. It focuses on the transformations of work (smart work) and their impact on the legal labour relationship and the worker’s/employee’s status as it attempts to emphasize the autonomy of the labour law as a specific branch of law and its mixed character even as it faces new paradigms mainly emerging from the intermediary workers’ category performing their jobs in atypical forms, including, inter alia, by resorting to new technologies.

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Důchodová reforma: Návod, jak smířit ekvivalenci s fiskální diciplínou

Důchodová reforma: Návod, jak smířit ekvivalenci s fiskální diciplínou

Author(s): Martin Potůček,Veronika Rudolfova / Language(s): Czech Issue: 5/2016

One of important changes in the Czech Republic pension system was induced by a petition submitted to the Constitutional Court, which contested the setting of bend points for determining the amount of pensions depending on the previous earnings of the insured in that it discriminates against higher income categories. The Constitutional Court agreed with the complainant. The result was an approval and implementation of the amendment to the Act No. 155/1995 Coll., on Pension Insurance, that for the purposes of calculating the level of old-age pensions favoured the highest income decile at the expense of most other insureds, namely those with middle incomes. Lawmakers thus simultaneously applied the political criterion of fiscal discipline in ensuring the financial sustainability of the pension system. Within analysis of this case, we apply, as an explanatory framework, the theory of actor-centered institutionalism and the theory of the policy cycle. In contrast with analyses based on economic or legal aspects of this part of the Czech pension reform, we pay attention mainly to the policy process itself.

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Český důchodový (ne)systém vyžaduje zásadní reformu

Český důchodový (ne)systém vyžaduje zásadní reformu

Author(s): Jaroslav Vostatek / Language(s): Czech Issue: 1/2020

The complicated and incomprehensible Czech pension system appears to provide ideal material for the marketing pension policy and for lobbying. Thus, we have a public „pension insurance“ which is an insurance at a rate of around 30% and we have a further allegedly „third“ pension pillar, „supplementary pension savings“ which is, due to high rate of state support (or rather lobbying and, possibly, corruption), in fact a „second“ pension pillar which the superfluous pension companies would like to refine via e.g. the introduction of mandatory employer contributions in line with, for example, the latest Polish model. Will Czechia be successful in reversing these trends? Hopes remain alive in connection with the aim of the Commission for Fair Pensions to split „pension insurance“ into a flat rate pension and a true social pension insurance. In the interests of the implementation of such a reform, at least partly, before the next general election, the paper focuses on the scheduling of this reform by means of the introduction of small and large pension reforms. We also devote attention to the related reform of the social security contributions and personal income taxation and the reform of the supplementary pension savings and building (Bauspar) savings schemes. The reform of the significantly deformed Czech pension system involves considerable responses in the state budget revenues. Our target is to develop an efficient pension system structure within a broader social policy framework.

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Bude na důchodovou reformu dost sil a konsensu?

Bude na důchodovou reformu dost sil a konsensu?

Author(s): Jaroslav Šulc / Language(s): Czech Issue: 1/2020

The article responds to a reviewed article by Jaroslav Vostatek in this issue of Social Policy Forum devoted to the pension system, proposals for pension reform and related areas. The author presents a number of arguments that support the reform proposals suggested by Jaroslav Vostatek and stresses the need for careful structuring, interdependence and the harmonisation of individual reform phases. At the same time, however, the author considers complexity to present a key threat to the reform process, not only because of its complex nature and the difficulty of finding the necessary consensus, but also because of the anticipated resistance of the various lobbying parties that have benefitted over the long-term from the present chaotic (non)system.

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Sociální determinanty prekarizace práce v evropských zemích

Sociální determinanty prekarizace práce v evropských zemích

Author(s): Tomáš Katrňák,Tomáš Doseděl / Language(s): Czech Issue: 4/2017

The article deals with the problem of precarious work in the European Union countries. According to International Labor Organization definition, the work is precarious when the employee doesn't have appropriate job security. This includes for example temporary, part-time and short-term jobs. The utilized data come from the European Union Labor Force Survey (years 2000−2015) and support the hypothesis that the percentage of precarious work across European Union countries has risen from about 20% up to approximately 24% in the above mentioned period. In the times of financial crisis, the percentage of precarious work surprisingly fell, probably because the parttime employees are the easily expendable and thus easily displaceable - this supports the definitional premise that the precarious work doesn't give the employee sufficient job security. The second part of the analysis deals with the social determinants of precarious work. The authors analyze data from the European Union Labor Force Survey using logistic regression and find out that the most precarised groups of employees are women and people with lower education. This supports the technological change theory which proposes that even in the times of educational expansion is the labor market able to absorb rising number of university educated employees because new occupational positions have higher qualification requirements. Even the narrowing of the educational gender gap hasn't equalized the occupational gender gap yep. For women, the risk of precarization rises with their marriage and maternity, which supports the hypothesis concerning the persistent gender discrimination by employers. The average percentage of precarised jobs is slightly lower in the new European Union countries.

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Poskytování sociálních služeb v kontextu novely zákona o úpadku a způsobech jeho řešení (insolvenční zákon)

Poskytování sociálních služeb v kontextu novely zákona o úpadku a způsobech jeho řešení (insolvenční zákon)

Author(s): Not Specified Author / Language(s): Czech Issue: 2/2019

Cílem této informace je upřesnění role poskytovatelů sociálních služeb odborného sociálního poradentství při podávání návrhů na povolení oddlužení a poskytování dluhového poradenství. Materiál byl zpracován Ministerstvem práce a sociálních věcí ve spolupráci se zástupci Ministerstva spravedlnosti.

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Zvýšení minimální mzdy od 1. ledna 2019

Zvýšení minimální mzdy od 1. ledna 2019

Author(s): Olga Bičáková / Language(s): Czech Issue: 1/2019

The minimum wage is the lowest amount of remuneration that employers are allowed to provide for work performed by their employees. It concerns all types of employment relationships - regular employment contracts and legal relationships based on agreements for work performed outside an employment relationship. The basic legal regulation of the minimum wage and lowest guaranteed wage levels are set out in Sections 111 and 112 of Act No. 262/2006 Coll., the Labour Code, as amended. The amount of the basic minimum wage, the conditions for the provision thereof and the amount of guaranteed wage rates are set by means of Government Decree No. 567/2006 Coll. New legislation, with effect from 1 January 2019, increased the basic rate of the minimum wage for a fixed weekly working time of 40 hours from the previous CZK 12,200 to CZK 13,350, i.e. by CZK 1,150 - a year-on-year increase of 9,4 %.

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Motivační funkce minimální mzdy: případová studie České republiky

Motivační funkce minimální mzdy: případová studie České republiky

Author(s): Jaroslav Schulz / Language(s): Czech Issue: 6/2018

Article deals with the motivation function of minimum wage under current legislation setting in the Czech Republic in relation to income taxation as well as social benefits. Emphasis is put on housing benefits which belong to significant component of current social system. This corresponds to importance of housing cost for households. The main aim is to consider whether current minimum wage provides sufficient incentives for standardized household to work in an employment relationship. Study is focused on low-income households earning just the minimum wage. As a measure serves disposable household income calculated in relation to their occupational status. Calculations unambiguously point to fact that generally minimum wage in current setting does not provide motivation incentive for households to work. Relative largest incentives have households with children due to generous child EITC.

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Impactul taxării suplimentare a contractelor de muncă part-time în economia românească pe fondul unui cumul de recesiuni

Impactul taxării suplimentare a contractelor de muncă part-time în economia românească pe fondul unui cumul de recesiuni

Author(s): Antonia-Cătălina Horvat / Language(s): Romanian Issue: 1/2023

For the business entities, especially for micro-entities, the year 2022 has represented an economic collapse due to fiscal changes. One of the most controversial measures adopted by the Government aims overtaxing of the employees who obtain income based on a part-time individual employment contract. The article hereby aims to draw attention to the impact of the Fiscal Code changes on the income from salaries for the part-time employment contracts, changes overlapped against the background of the world energy crisis and the military crisis at the Romanian border.

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EL DERECHO DIGITAL. ANALISIS DE LA ENSEÑANZA DISRUPTIVA EN LA CARRERA DE DERECHO

EL DERECHO DIGITAL. ANALISIS DE LA ENSEÑANZA DISRUPTIVA EN LA CARRERA DE DERECHO

Author(s): Sánchez Alcides Antúnez,Matos Hidalgo Leaned,González Cabrales Yamilé / Language(s): Spanish Issue: 2/2023

The article aims to analyse how the training process has been developed through disruptive teaching in the Law degree, with the use of computer technologies as mediators in the teaching-learning process in the period 2020-2021 in the during the COVID-19 pandemic, which had an impact on the promotion of the use of digital platforms and tools at the University of Granma within the Ministry of Higher Education, for the development of digital skills in teachers and students. The 21st century, the Knowledge Society is characterized by the appearance of digitization, leaving analog technologies behind and is based on the use of Information and Communication Technologies, telecommunications and the Internet on the web 2.0 platform. This paradigm shift has given way to the generation of an increasing volume of information; opening up a wide spectrum of new methods and techniques for the management of information and processes in dissimilar sectors, of which the university is no stranger in its training processes. Access to information changes, therefore, teaching methods must adjust to the new digital environment in which teachers and students operate in the 21st century, where the teacher is no longer the center of the class.

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Protecția salariaților în cazul insolvenței angajatorului
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Protecția salariaților în cazul insolvenței angajatorului

Author(s): George Doru Lucaciu / Language(s): Romanian Issue: 1-2/2021

The year of 2020 was an atypical year in what concerns both the employer-employee relationship, but also when looking to the ordinary performance of the labour agreements. No matter if it was a suspension or temporary cessation of the normal business activity, the revenues reduction was mainly felt by employees whose labour agreements were adjusted accordingly and whose income decreased during the pandemic period. This is also the reason why, in line with the mandatory case law of the CJEU, Member States shall continue to work toward the clearest possible fulfillment of the obligation to guarantee the employees’ rights. We will analyze in the following paragraphs, the main means and methods for protecting the employees’ rights in the context where the employer is facing an insolvency procedure. The state of insolvency, as a factual matter, means giving the employer a chance of effective and real recovery, with the possibility of reintegrating the employer into ordinary civil circuit. It is clear that, in the course of insolvency proceedings, the employees working for the affected company will be the first ones to suffer from the lack of financial resources of the employer, who, in this case will not be able to pay their salaries. Of course, this situation requires adequate protection of the employees’ rights and interests.

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Consideraţii privind introducerea unui salariu minim european adecvat
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Consideraţii privind introducerea unui salariu minim european adecvat

Author(s): Claudia-Ana Moarcăş,Matei Midan / Language(s): Romanian Issue: 03/2021

This paper aims to present the impact of the minimum wage on adjusting and determining the methods used in remunerating workers, regardless of the adopted mechanism: through normative acts adopted by the competent authorities or through collective bargaining between the social partners. Through a historical, teleological, logical and comparative analysis and the approach of the subject, the thesis aims to highlight: (i) the topicality and importance of the minimum wage, proven by the current debates at the EU level on the establishment of a an adequate minimum wage in the Member States; (ii) the variety of its transparent mechanisms of establishment; (iii) the dynamic evolution of its establishment (from a simple temporary measure of national economy improvement to a fundamental instrument of social protection, necessary to insure a decent standard of living for the active population); (iv) the result of the research, under the form of lege ferenda proposals.

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PUBLIC ADMINISTRATION IN A EUROPEAN CONTEXT. CASE STUDY: POSSIBILITIES TO COMPLETE THE TRIAL PERIOD – PRACTICE AT NATIONAL LEVEL VERSUS PRACTICE OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

PUBLIC ADMINISTRATION IN A EUROPEAN CONTEXT. CASE STUDY: POSSIBILITIES TO COMPLETE THE TRIAL PERIOD – PRACTICE AT NATIONAL LEVEL VERSUS PRACTICE OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Author(s): Camelia Daciana Stoian,Eugenia Iovănaş / Language(s): English Issue: 3/2022

As social policy is outlined and its objectives stated in the provisions of Article 151 of the Treaty on the Functioning of the European Union, both the Union and the member states must be responsible for respecting "fundamental social rights such as those stated in the European Social Charter signed in Turin on 18 October 1961 and in the Community Charter of Fundamental Social Rights of Workers adopted in 1989". In the light of these goals, we are concerned with an analysis aimed at a legal and fair promotion and harmonization of the procedure for filling positions at the public administration level, with an emphasis on the protection of social rights and the harmonization of good practices developed, in conditions of honest social protection and combating exclusion and discrimination of any kind. It is therefore necessary, at a theoretical level, to take it for granted that the Union and all its member states implement practices aimed at favoring the harmonization of social systems. Concretely, however, we find that the applied procedures neglect the approximation of the issued administrative documents and any kind of common methodology, as long as a report is not regulated or applied at the national level that reproduces the conclusions of the verification of the professional skills of the employee at the end of the trial period. We propose in this article a substantiated analysis of the methods of termination of trial periods, so that the termination of employment contracts concluded during the trial period exclusively through a written notification, without notice and without any motivation, is no longer the concern of the courts, because the court cannot verify the existence or not of the professional aptitude in the absence of the presentation of some arguments by the employer that aim to fulfill or not within reasonable terms the assigned duties, certain difficulties in the service relationship or the degree of accommodation with the administrative and hierarchical system.

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Dreptul securității sociale. Protecția salariaților în cazul transferului întreprinderii, al unității sau al unor părți ale acestora. Dreptul Uniunii Europene și legislația națională
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Dreptul securității sociale. Protecția salariaților în cazul transferului întreprinderii, al unității sau al unor părți ale acestora. Dreptul Uniunii Europene și legislația națională

Author(s): George Doru Lucaciu / Language(s): Romanian Issue: 04/2021

The evolution of modern society, the economic changes, and the acceleration of the formation of new companies have required, among other things, the adoption of rules to protect employees in the event of transfer of companies. In its case-law, the European Court of Justice has clarified the objectives related to whom the Member States must respond in order to give adequate protection to workers’ rights. The transfer may not affect the principle of legal certainty, social employment relations or the workers’ rights provided for in the applicable individual employment contract and collective bargaining agreement. The transfer itself cannot constitute a reason for individual or collective dismissal, as shown in several European and national court rulings.

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Examen selectiv din practica judiciară a Secției de contencios administrativ și fiscal a Înaltei Curți de Casație și Justiție
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Examen selectiv din practica judiciară a Secției de contencios administrativ și fiscal a Înaltei Curți de Casație și Justiție

Author(s): Eugenia Marin / Language(s): Romanian Issue: 01/2022

Decizia nr. 7 din 15 ianuarie 2018 – Înalta Curte de Casație și Justiție, Secția de contencios administrativ și fiscal Decizia nr. 2 din 15 ianuarie 2018 – Înalta Curte de Casație și Justiție, Secția de contencios administrativ și fiscal Decizia nr. 6 din 15 ianuarie 2018 – Înalta Curte de Casație și Justiție, Secția de contencios administrativ și fiscal Decizia nr. 4 din 15 ianuarie 2018 – Înalta Curte de Casație și Justiție, Secția de contencios administrativ și fiscal

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Salarizarea personalului plătit din fonduri publice. Privire specială asupra salarizării din administrația publică locală
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Salarizarea personalului plătit din fonduri publice. Privire specială asupra salarizării din administrația publică locală

Author(s): Adrian Sorin Budescu / Language(s): Romanian Issue: 02/2022

The remuneration of staff paid from public funds has been and is a major topic of interest for both public opinion and public policy promoters. What characterizes the post-December period is the permanent desire for reform in the field of public administration in general, but especially in the field of pay, being claimed, at least at the declarative level, the desire to achieve a normative framework with a unitary salary. The main objective that of having an organic law as a statute and a special law for civil servants could not be achieved. The categories of staff (dignitaries, civil servants, and contract staff) that have benefited over time from separate pay systems whose integration into a unitary system have proved difficult for the legislator. The local public administration has always been in the basement of payroll systems. In the face of these legislative optimism, even through the liberalization of salaries in the local public administration, the Government came up with the idea of outsourcing public policies in the field by putting up for auction the unitary salary project. Currently, the most affected sector of the budget salary is that of the local public administration. There are differences generated by the liberalization of the salary system at this level of public administration, through the possibility for local authorities to establish salaries at the level of administrative units by decisions of local councils. The annual capping of salaries by government decisions has led to the non-unitary application of salaries, some local councils considering that it is the entire staff of the Administration family, others not. The understanding of the legislative context, of the mechanisms and principles of remuneration is made starting from the intention of the legislator to implement a modern remuneration system through the Framework Law no. 153/2017, which, in compliance with the principle of local autonomy, tried to implement for the first time the principle of wage liberalization on meritocratic criteria in the local public administration. This follows from the systemic and teleological interpretation of the normative acts invoked above. We appreciate that both the mayor's and the deputy mayor's allowance, as well as the salaries of civil servants and contract staff in the „Administration” occupational family, are established by multiplying the corresponding coefficients with the last value of the minimum gross salary, as established by regulations in force. The lack of unitary points of view, the lack of a coherent judicial practice, the systematic cutting (over 135 changes in 5 years!) Of a newly created normative framework, all these, potentiated by economic restrictions or public policies without continuity, led to the total failure of the unitary system of remuneration of the personnel paid from public funds, with the demotivation, indignation and artificial antagonism of the personnel categories.

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SCURTE CONSIDERAȚII PRIVIND TELEMUNCA

SCURTE CONSIDERAȚII PRIVIND TELEMUNCA

Author(s): Livia Florentina Pașcu / Language(s): Romanian Issue: 53/2023

The global phenomenon of digitalisation and robotisation has a significant impact on working conditions and labour markets. Teleworking, a form of remote work organization, represents a more flexible approach to work organization, which in the current economic context brings clear benefits to employers, workers and jobseekers, it leads to increased productivity and employment and to job retention.The legal regulation of telework must ensure equal treatment between teleworkers and employees who continue to work on the employer’s premises. This principle is based on the fact that remote work does not create a special professional status for teleworkers, even if, the way of organizing work changes.The teleworker, like any employee who performs work at the workplace indicated by the employer, enjoys the right to disconnect, respect for health and safety at work, is guaranteed the right to private life, to balance between professional and private life.

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СОЦИАЛЕН ДИАЛОГ НА ОСНОВАТА НА ИЗМЕРИМИ ИНДИКАТОРИ

СОЦИАЛЕН ДИАЛОГ НА ОСНОВАТА НА ИЗМЕРИМИ ИНДИКАТОРИ

Author(s): Desislava Yaneva,Vasil Kirov / Language(s): Bulgarian Issue: 1/2023

Improving the industrial relations regulation is a key factor for dealing with the challenges in a dynamically changing environment, influenced by various globalization processes. The social dialogue might play an important role for such regulation, but in the Bulgarian context it doesn’t rely on data and measurable indicators on which base the tripartite partners to take informed decisions. The analysis of the results of an author’s research with semi-structured interview and survey shows the expectations of the social partners and formulates examples of indicators to lead to an evidence - based dialogue.

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