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Људска права у Босни и Херцеговини (кроз призму односа Устава Босне и Херцеговине и Европске конвенције за заштиту људских права и основних слобода)

Author(s): Sanja Kreštalica / Language(s): Serbian Publication Year: 0

The European Convention on Human Rights occupies a significant place in the legal system of Bosnia and Herzegovina. Its significance and legal force in the internal order of Bosnia and Herzegovina derive from the Constitution itself. However, the constitutional rules are not clearly defined. The main dilemma that the paper points out concerns the rank that the European Convention on Human Rights has in the hierarchy of legal acts in the legal order of Bosnia and Herzegovina. The dilemma is mainly reduced to the question whether the Convention has a supra-constitutional character, or it is an act of greater legal force than the law, but less than the Constitution. This issue, which is extremely important, has so far received insufficient attention in scientific circles. Although it is unique in Europe in terms of its solution, numerous studies on the status of the European Convention in the internal legal orders of the signatory states do not pay enough attention to the solution in Bosnia and Herzegovina. Therefore, emphasizing the importance of the Convention in the internal order of Bosnia and Herzegovina, the author seeks to contribute to resolving the controversy over the interpretation of the Constitution of Bosnia and Herzegovina and its relationship to the Convention. Analyzing the disputable parts of the Bosnia and Herzegovina Constitution, and the arguments of two groups of theorists who observe the relationship between the Convention and the Constitution exclusively from the internal, constitutional aspect, the author concludes that when one tries to find the answer to this question it is necessary to consider the effects of the ratification. Our goal is to show that on the line between the two extremes to which the domestic theory is prone, there is still a solution that is closest to the Austrian model, and according to which the European Convention in the domestic legal space of Bosnia and Herzegovina actually has the rank of a constitution.

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4.50 €

Praca tymczasowa w epoce postindustrialnej

Author(s): Andrzej Marian Świątkowski / Language(s): Polish Publication Year: 0

The author reflects on the usefulness of temporary work in the post-industrial era. He believes that this form of atypical employment can be replaced by electronic employment technologies.

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4.50 €

Konsekwencje i ocena nowelizacji Ustawy o zatrudnianiu pracowników tymczasowych

Author(s): Anna Reda-Ciszewska / Language(s): Polish Publication Year: 0

The subject of the article is the analysis of the regulations in the field of temporary agency work. Introduction of the Act on the Employment of Temporary Agency Workers in 2003 showed that the law was ineffective in terms of protecting the temporary worker. In practice, doubts have arisen regarding the application of the maximum period of temporary agency work or assignment to temporary work on the basis of a civil law contract. In 2017, the provisions of the Temporary Agency Employment Act were amended and their aim was to remove the shortcomings of the Act. The author evaluates the solutions introduced by the amendment.

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Podstawy prawne działalności agencji pracy tymczasowej

Author(s): Grażyna Spytek-Bandurska / Language(s): Polish Publication Year: 0

The aim of the article is to present the legal basis for the functioning of temporary employment agencies. Their specificity lies in the fact that they are economic entities and at the same time labour market institutions. The services provided by the agencies constitute a regulated activity and are subject to many administrative requirements, which have been discussed in detail by the Author. A distinguishing property of agencies is temporary work classified as an atypical form of employment, due to the characteristic features assigned to it, mainly the tripartite legal structure and limited duration, which are presented later in this article.

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Wątpliwości wokół podziału obowiązków bhp w zatrudnieniu tymczasowym

Author(s): Marta Zbucka-Gargas / Language(s): Polish Publication Year: 0

The publication addresses the issue of occupational safety in temporary employment. It discusses the liability of the parties, including issues of accidents at work and occupational diseases. In practice, these issues raise numerous doubts, but also the question arises as to whether the division of duties between two entities does not reduce the level of safety of the employed.

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Zagadnienie czasu pracy w zatrudnieniu tymczasowym

Author(s): Iwona Jaroszewska-Ignatowska / Language(s): Polish Publication Year: 0

The article presents the scope of the rights and obligations of the employer-user and the temporarywork agency regarding a temporary worker in the field of working time.

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Prawo do urlopu wypoczynkowego pracownika tymczasowego

Author(s): Krzysztof Krysiak / Language(s): Polish Publication Year: 0

The holiday entitlement of temporary agency workers is an important issue in temporary work. Standards concerning the leave of temporary workers should correspond to and comply with the higher-level standards, which are ratified international agreements, EU law and norms contained in the Constitution of the Republic of Poland. This article addresses the issues of this institution in comparison to employees of model employment. The author tries to find an answer to confirm the thesis that it is necessary to amend the holiday regulations concerning temporary workers and to increase the equality of their rights in this respect with employees employed on the basis of an employment relationship. At the same time, he is aware of the fact that the atypical nature of this form of work and its demand causes diversity by its very nature, but it should not be so extreme and diverse. All the more so because the right to rest is a fundamental principle of labour law, with which the discussed issues should not be contradictory. The issue of interpretation of complex meanings of notions which the legislator has not defined is also discussed. The de lege ferenda postulates of future changes to be made in this matter were also presented.

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Zasada równego traktowania w zatrudnieniu tymczasowym

Author(s): Liliana Strupp / Language(s): Polish Publication Year: 0

The principle of equal treatment of temporary workers is derived from the EU Directive on temporary work. The implementation of this principle in the Polish legal system is guaranteed both by general provisions of the labour law relating to equal treatment and non-discrimination of employees, as well as the provisions of the Act of July 9, 2003 on Employment of Temporary Workers, in particular Art. 15 sec. 1 of this act. The obligation of equal treatment applies to temporary employees assigned to perform work for the user employer and employees directly employed by this employer in the same or similar job position, and concerns two areas: “working conditions” and “other employment conditions”. These two terms have not been explicitly defined in the Polish legal system, while their correct definition and interpretation constitute the basis for the proper understanding and implementation of this principle.

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Pracownik tymczasowy a ZFŚS pracodawcy użytkownika i równe traktowanie w zatrudnieniu – uwagi de lege ferenda

Author(s): Wojciech Bigaj / Language(s): Polish Publication Year: 0

The author analyses the current legal status concerning the possibility for temporary employees to use the Company Social Benefits Fund in cases where such a fund has been created by the employer-user. It also presents the practice of employer-users in this field and proposes legislative changes to increase the level of equal treatment of employees and temporary workers providing work for the same employer.

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Koszty świadczeń o charakterze społecznym w zatrudnieniu tymczasowym

Author(s): Małgorzata Mędrala / Language(s): Polish Publication Year: 0

The aim of the article is to analyze the distribution of social benefits costs in temporary employment. The author points out that some of the social benefits typical for traditional employment have been completely excluded in temporary employment (severance payments for termination for reasons not related to employees), and the method of calculation of some cash benefits (holiday pay, equivalent for annual leave) has been modified for the purposes of temporary employment. To a large extent, the social burden of employment is transferred by the legislator to the temporary employment agency. Such solutions are justified by the short duration and subsidiarity of temporary employment as compared to traditional employment. The doubts are raised by the lack of access to benefits from the company’s social benefit fund for temporary employees on the same terms as ordinary employees of the user employer.

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Komu opłaca się praca tymczasowa? Pole do nadużyć czy realne ułatwienie zawierania krótkookresowych umów?

Author(s): Olga Maczasek / Language(s): Polish Publication Year: 0

Temporary agency work was introduced by the Act of 10 May 2003. Temporary employment was to be used in the event of the need to commission tasks of a seasonal, periodic, ad hoc nature or the timely performance of which by employees employed by the user’s employer would not be possible, or the performance of which is one of the duties of an absent employee employed by the user’s employer. The author attempts to find out whether the law is really used for the purposes for which it was created? Is the conclusion of such contracts as beneficial for the temporary worker as it is for the employer or temporary employment agency?

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Outsourcing pracowniczy – analiza pojęcia

Author(s): Barbara Antczak / Language(s): Polish Publication Year: 0

The concept of employee outsourcing has raised numerous doubts for years, mainly due to its identification with the notorious practices of employers aimed at evading the fulfillment of public law obligations related to the employment of employees. In this article, doctrinal and juridical definitions of this term will be confronted with the characteristics of the concept of outsourcing developed on the basis of management sciences. The remarks made in this way will serve to create an author’s definition of the concept of “employee outsourcing”.

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Zatrudnienie tymczasowe w praktyce funkcjonowania Państwowej Inspekcji Pracy

Author(s): Dariusz Górski / Language(s): Polish Publication Year: 0

The article written by a representative of the National Labour Inspectorate presents infringements of regulations exposed during inspections and examples of circumvention of the applicable legal regulations which misinterpret the nature of temporary employment, with particular focus on outsourcing bearing the characteristics of temporary employment. The author analyses the reasons of negative phenomena on the temporary employment market, discusses the procedures used by labour inspectors when finding violations of provisions in this area, and also indicates proposals for changes in the applicable law that would facilitate the National Labour Inspectorate to combat the irregularities revealed and could contribute to restoring the proper meaning of temporary work, in accordance with its essence. Such proposals include, the possibility for labour inspectors to issue administrative decisions establishing the existence of an employment relationship between a person performing temporary work and the employer-user and introducing consequences in the form of removing the entity from the register of employment agencies in the case of outsourcing in fact being temporary employment.

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Postępowanie w sprawie ustalenia właściwego płatnika składek na ubezpieczenia społeczne

Author(s): Joanna Ceglarska-Jóźwiak / Language(s): Polish Publication Year: 0

The study discusses the most important issues regarding the determination of the appropriate payer of social insurance contributions. The payer, as a co-contractor of social insurance, performs a number of important tasks related to both the collection of contributions and the implementation of the right to insurance benefits. For this reason, it is important that the entity acting as the payer is correctly identified. In case of doubts, the Social Insurance Institution carries out proceedings to determine the appropriate payer taking into account the factual findings.

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Kontrola agencji pracy tymczasowej zatrudniających pracowników delegowanych

Author(s): Agnieszka Kiełbowicz-Dziwulska / Language(s): Polish Publication Year: 0

Article presents the principles for performing the control of social contribution payers and analysis of atypical forms of employment within the range of employment provided via private temporary employment agencies, with particular regard to seconded workers, assigned to perform the work abroad. The growing number of civil-law contracts and registered private temporary employment agencies indicate the need for increasing flexibility on the labour market. The study presents the scale of the phenomenon, as well as the analysis of the causes of the changes taking place. The trend of a deepening diversity of forms of employment precedes legislative changes in relation to the provisions governing the social security system, not only in Poland, but also in the provisions of EU law. As a consequence, market changes and legal provisions that are not adapted to them often cause misunderstanding, and may also be a potential source of abuse in the field of social security. The issue was presented from the perspective of the control of payers of contributions carried out by the Social Insurance Institution, in particular the rights of inspectors of the Inspection of the Institution and the obligations of payers of contributions specified in the provisions of the Act on the social insurance system. The author presents potential examples of irregularities that can be disclosed as a result of control of activity of private temporary employment agencies on example of seconded employees as well as financial consequences in aspect of obligation to pay the social contributions, including negative consequences for the course of insurance of the employed persons.

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A fixed-term contract as a threat to the rights of temporary workers

Author(s): Łucja Kobroń-Gąsiorowska / Language(s): English Publication Year: 0

Temporary work was regulated in the Act of 9 July 2003 on the Employment of Temporary Workers (Journal of Laws of 2003, No. 166, item 1608) allowing to hire a temporary worker based on a fixed-term employment contract and a civil law contract. According to the provisions of labour law, these persons are employees and on this basis “have the right to employee privileges” and “social security benefits”. The problem analyzed by the author concerns the issue of concluding one-day fixed-term contracts with temporary employees. From the point of view of the provisions of the above-mentioned Act on the Employment of Temporary Workers and the Labour Code, there are no contraindications to concluding such short-term contracts. In the event of illness, the temporary worker does not acquire, for example, the right to sickness benefit or sickness benefit itself.

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Припадници ЛГБТ заједнице у оквиру члана 11 Европске конвенције о заштити људских права

Author(s): Darko Dimovski / Language(s): Serbian Publication Year: 0

The problem faced by members of sexual minorities are numerous. The violation of rights enshrined in the European Convention for the Protection of Human Rights and Fundamental Freedoms are particularly directed against members of LGBT community. A special area of violation of their rights refers to Article 11, where they are discriminated against in relation to members of the heterosexual majority. As Article 11 of the Convention protects the right to freedom of expression, due to restrictions on the length of the scientific article of the decision of the European Court of Human Rights in which the victims of a violation of Article 11 of the Convention were members of the LGBT community; the applicant attacked the rights of members of the LGBT community.

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EXECUTIVE SUMMARY

Author(s): Author Not Specified / Language(s): English Publication Year: 0

Education is without question a basic value for every individual, as well as the capital upon which contemporary society is built. But education also has a significant human rights dimension. Article 33, Paragraph 1 of the Charter states that each person has the right to an education. It may be more precise to speak of a right to being educated, in the (strict) sense of having the opportunity and creating the conditions for obtaining an education, without implying any guarantee to one or notion of a right of attaining to such an education. But in any event, this right may only be enforced within the limited set of laws implementing the provision (Art. 41 Par. 1 of the Charter).

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Слобода изражавања и ауторско право

Author(s): Svjetlana Ivanović / Language(s): Serbian Publication Year: 0

The purpose of copyright is to protect creative expression of ideas and to encourage creativity. A work of authorship is individual creation which expresses author's opinion, attitudes and feelings, regardless of the quality or permissibility of the content. On the one hand copyright enables freedom of expression, and on the other hand, it is possible to ask whether freedom of expression can endanger copyright. The use of copyright work in order to make alterations can violate the right to integrity of the work, and the copyright protection could impose constraints on artistic freedom. The latent conflict between copyright and freedom of expression exists particularly in the online environment, in the era of social networks and various online platforms. Copyright enforcement measures on the internet, such as blocking access, filtering and removing content, raise the question of protecting one right and infringing the other. The European Union Directive on Copyright and Related Rights in the Digital Single Market imposes obligations on internet intermediaries, which could potentially restrict freedom of expression on the global network, an issue that should be decided by The Court of Justice of the European Union. It is questionable whether copyright is gaining a new role in the digital environment and is becoming and is becoming a tool for censorship on the internet. The analysis of the interplay between copyright and freedom of expression on the internet will be presented in this paper.

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Правата на непълнолетните извършители в актовете на Съвета на Европа и възстановителното правосъдие

Author(s): Gergana Andonova / Language(s): Bulgarian Publication Year: 0

Juvenile offenders do not lose and should not lose their right to be treated as children. It is no coincidence that a wide range of their rights are enshrined in acts of the Council of Europe. Punishment is not always the best approach to rehabilitating young offenders and reintegrating them into society. In many cases; it is appropriate and necessary to implement alternative measures that are not in conflict; but more fully guarantee the rights of juvenile offenders; such as restorative justice.

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