Labour Law Regulations Research Articles

Liability for Health Damage – Public vs Private Area

The article deals with the comparison of refunds of non-material damage in public and private area. In the public area is analyzed legal regulation on health injuries in service relations, in private area is discussed legal regulation on health injuries in civil law and labour law. Particular attention will be focused on the transfer of compensation in the event of injury to the heirs – while in service relationships, such claims are extinguished by death (not transferred on the heirs), which was taken over from the 1960s legislation, in current private law, do not cease if they have been recognized or at least brought in court. The aim of the paper is a critical analysis for the current state of legal regulation and the proposals de lege ferenda (approximation to labour law regulation). The issue has increased importance for public finances and functioning of public sector and enforcement of the rule of law.

Intelligent search system for resume and labor law.

Labor and employment are important issues in social life. The demand for online job searching and searching for labor regulations in legal documents, particularly regarding the policy for unemployment benefits, is essential. Nowadays, each function has some programs for its working. However, there is no program that combines both functions. In practice, when users seek a job, they may be unemployed or want to transfer to another work. Thus, they are required to search for regulations about unemployment insurance policies and related information, as well as regulations about workers working smoothly and following labor law. Ontology is a useful technique for representing areas of practical knowledge. This article proposes an ontology-based method for solving labor and employment-related problems. First, we construct an ontology of job skills to match curriculum vitae (CV) and job descriptions (JD). In addition, an ontology for representing labor law documents is proposed to aid users in their search for legal labor law regulations. These ontologies are combined to construct the knowledge base of a job-searching and labor law-searching system. In addition, this integrated ontology is used to study several issues involving the matching of CVs and JDs and the search for labor law issues. A system for intelligent resume searching in information technology is developed using the proposed method. This system also incorporates queries pertaining to Vietnamese labor law policies regarding unemployment and healthcare benefits. The experimental results demonstrate that the method designed to assist job seekers and users searching for legal labor documents is effective.

Fókuszban a munkafeltételek transzparenciája – Jogharmonizációs kérdések a munka törvénykönyve 2023-as módosítása nyomán

The present paper focuses on some up-to-date questions of the social policy – in this regard: labour law – of the European Union. To be more precise, the current research is based on the key aspects of the harmonization of laws in this field based on Direc- tive (EU) 2019/1152 on transparent and predictable working conditions. Directive (EU) 2019/1158 on ensuring work-life balance is also mentioned in the paper. The paper analy- ses the directive from the perspective of harmonization of laws, especially the safeguard- ing of the workers’ fundamental rights. The examination is focused on some of the most recent developments in Hungarian labour law that resulted in significant amendments to the Hungarian Labour Code. The paper takes into consideration the general legisla- tive context of the new directives, the most fundamental prescriptions guaranteeing the workers’ rights and lawful interests and especially the new regulations regarding the burden of proof in related labour law disputes. The Hungarian examples are focused on these areas of harmonization emphasizing the new regulations of the prohibition of the wrongful exercise of rights. The findings of the research are summarised at the end of the study paying attention to the possible outcomes and concerns of the new labour law regulations.

Employment, Entrepreneurship, and the “Švarc-system” from the Social Development Point of View

Abstract Economic activity based on producing goods and services is essential for the development of any society. Individuals can carry out this economic activity in dependent activities (employment) or entrepreneurship (self-employment). A third way is the so-called „Švarc-system,” which is not legal in the Czech Republic. It is a situation where persons performing normal activities for the entrepreneur in a dependent relationship are not his employees but formally act as self-employment. There are currently discussions about the legalization of the system among politicians and experts. This article introduces how labor and tax law regulations influence attitudes toward economic activity and development. The research methods to achieve this aim include description, critical analysis, and synthesis. The findings described in this article are that the Švarc-system based on self-employment allows greater freedom for employers and employees and smaller payments to public budgets than forms of dependent activities. A high level of autonomy increases development in various areas and helps social development. The implication falls into practical rather than theoretical fields. Therefore, regulation in this area should be lowered to support further development. This article’s originality is that it reflects on the academic impacts of the legalization of the system from legal and economic points of view. These conclusions should help reflect on the regulation of legislation in this field.

EUROPEAN MODEL OF PERSONAL DATA PROTECTION (GDPR) IN THE PRACTICE OF EMPLOYEE REPRESENTATIVES WITH REGARD TO THE COMMUNICATION PROCESS

The authors deal with the issue of determining the appropriate legal bases for the processing of personal data by employee representatives. The main objective of this paper is to assess the use of the relatively new European legislation on the protection of personal data in the specific environment of individual and collective employment relationships on the part of employee representatives. In the paper, the authors try to confirm that employee representatives in addition to the consent of a natural person concerned are entitled to act in line with another legal basis - the public interest (or fulfillment of legal obligations) given their position in the implementation of individual and collective labor relations. According to the authors, the choice of a specific legal basis will be based on the assumption that the employee representatives process personal data of the natural persons concerned, e.g. for the purposes of exercising the competencies granted by the relevant labor law regulations or for the purposes of managing internal relations of employee representatives (trade union membership as a personal data of a special category, fulfillment of rights arising from the trade union membership by a natural person). The authors substantiate their claims with relevant references to the practice, international legal documents and subsequently emphasize their use within specific labor law institutes.

Assessment of legal solutions to facilitate work-life balance in the public services sector

The aim of this study is to present chosen aspects of assessing legal solutions facilitating reconciliation of work and private life for employees of the public services sector, based on empirical research conducted in five European countries. The research purpose was to indicate the role of labour law regulations in shaping the work-life balance and to determine the ways of their implementation, their usefulness and the needs that emerge in the changing socio-economic reality, as evidenced by the effects of the COVID-19 pandemic. The need to isolate people quickly popularised remote (online) work and the possibility of staying at home, which possibly had a positive impact on private matters. However, the general situation is different. Hence, the hypothesis was adopted that despite the variety of solutions, they are insufficiently used in the public services sector. Although there are noticeable facilitations in combining professional and family duties, they still have too little impact on the attractiveness of work and are not of an innovative nature. The specificity of the public services sector makes it difficult to freely choose solutions that increase the flexibility of employment and thus the activity of working parents, especially women on the labour market.

Divergent we fall: The challenges for welfare state - Social integration and unemployment policies in the Visegrad Countries

AbstractThis article examines the unemployment policy of Central-East-European countries applying mixed methods. First, fuzzy set analysis is used to determine the efficiency of unemployment measures for reducing the poverty gap. Three causal conditions are measured: the net replacement rate of unemployment benefits, labour law regulations related to job security, and public spending on labour-market programs. This analysis reveals two possible pathways: governments may either provide a high level of job security, or spend on active and passive labour-market measures. Second, the fuzzy set analysis was completed with a comparative legal analysis covering the Visegrad countries that examined the policy choices the Visegrad countries made after the economic crisis. The paper argues that due to the different approaches to the welfare state, any potential EU initiatives for regulating unemployment benefits under the European Pillar of Social Rights might put divergent adaptation pressure on the V4 states. The differences are significant, as they would not only challenge effective social integration but also hamper the envisioned political cooperation of the V4 countries in this policy area. Building on previous literature, this paper is written to contribute to research on the European Social Model and social integration within the European Union.

The social partners as actors in new labour law legislation in Sweden

This article focuses on the importance of the social partners in new labour law regulation where there is a weak parliamentary majority. The prevailing view in Sweden is that labour law regulation must be modernised as both companies and employees need improved opportunities in order to be able to adapt to changing conditions in the labour market. A Government inquiry and negotiations between the social partners in the private sector focused on these issues. The social partners reached two agreements: a Principle Agreement, including demands that the state provide new labour law regulation; and a Basic Agreement, which is a collective agreement about security, transition and employment protection. The Swedish Government decided to modernise the Swedish Employment Protection Act (LAS) 1 in line with the social partners’ suggestions. The government proposal covers three important labour law areas: (1) changes to the Swedish Employment Protection Act; (2) new state-financed public support for skills development; and (3) a new public transition organisation to provide basic transition support for employees not covered by a collective agreement. This article shows that the social partners have great power over new legislation and can create stability in labour law regulation in Sweden for the future. The government’s proposal implies that new regulation has moved from the provision of employment protection depending on length of service to better transition conditions for employees, and that the state is to take financial responsibility for the lifelong learning of professionals.

Looking Back at the Labour Law Legislation and Jurisprudence (Especially) during the Pandemic Years

The submitted paper offers an insight into the most fundamental changes in the Czech labour law legislation during the pandemics as well as points out what legislation, even though it should have happened with regard to the European regulations, was not adopted. In addition, several decisions of the high courts of the Czech Republic from (mainly) the pandemic years are referenced here, which significantly affect the labour law relations, interpretation and application (especially, but not only) of the labour law regulations.

Конституционный принцип уважения человека труда: проблемы реализации в российском законодательстве и правоприменительной практике

Respect for the working person is guaranteed by Article 75.1 of the updated Constitution of the Russian Federation. This constitutional guarantee has an external (formal) and an internal (substantive) side of implementation. On the basis of the theory of stability of labour law relations, the basic norms of this twofold system have been identified. 1. On the substantive side, the norms of stability of the employee as a party to the employment contract when the employer changes. The constitutional guarantee of respect for the human being at work is the stability of employment relations, secured mainly by Article 75 of the Labour Code of the Russian Federation. The provision of Article 75 of the Russian Labour Code is based on the theory of stability of the employment relationship, conditioned by the personal nature of the employment contract on the part of the employee, the foundations of which were laid at the turn of the 19th and 20th centuries. Today it guarantees the preservation of the employment relationship in the event of a change of ownership of the organisation, a change of subordination of the organisation or its reorganisation. Legislating the dependence of the employment contract on the employer's reorganisation measures would destroy the theory of stability and the system of constitutional and sectoral labour law guarantees of respect for the human rights of workers. Therefore, new forms of employment, the emergence of which is initially dictated by the needs of economic development and the state of society, should be consistently involved in the sphere of labour law regulation. The issues of the stability of the employment contract should be resolved exclusively based on the needs of the organization of production and in the interests of the enterprise. 2. From the external perspective, the basic provision in the system of guarantees of respect for the person at work is the form of the employment contract. Article 56 of the Russian Labour Code, defining the concept of an employment contract, as well as regulatory acts adopted in its development and the generally accepted practice of law do not comply with Article 75.1 of the Constitution of the Russian Federation and Article 57 of the Labour Code. The inclusion of information about the employee after information about the employer in the employment contract underlines the unequal position of the employee, even if formally, but clearly demonstrates the lack of respect for the employee not only on the part of the employer concluding the contract but also on the part of state authorities which have permitted the publication of regulations contrary to Article 57 of the LC RF. 57 of the Labour Code and provoking the employer to violate the guarantee of Article 75.1 of the Constitution of the Russian Federation. Considering the ethical nature of Russian legal understanding, Article 56 of the LC RF and the standard forms of employment contracts must be immediately brought into compliance with the requirements of Article 57 of the LC RF and Article 75.1 of the RF Constitution, which would be a formal, but obvious respect for the working person on the part of both the state and, subsequently, the employers. The author declares no conflicts of interests.

ON THE BASICS OF THE AXIOLOGY OF POLISH LABOR LAW IN THE REGULATION CONCERNING THE EMPLOYMENT AGREEMENT OF WHITE-COLLAR WORKERS

This study is an attempt to answer the question whether the issues that have the fundamental subject of the world of values were included in the first Polish unified labor law regulations. The article, that due to the temporal scope, should be treated, however, as a contribution to contemporary studies as well as the resulting extensive analyzes of axiology.

Admissibility of a medical staff strike from the employees’, employers’ and social interest perspective

The aim of the article is to assess the admissibility of a medical staff strike from the perspective of the employees’, employers’, and social interest. The applicable labor law regulations do not give an unambiguous answer to the question whether medical workers have the right to strike, since striking is a special instrumentality for employees to protect their rights. On the one hand, the labor law does not literally deprive medical staff of the right to strike. On the other hand, there are numerous arguments supporting the notion that a strike of medical staff causes a threat to the health and life of patients who are deprived of medical care during a strike. Regulating the issue is therefore of significant importance, not only social, but also to the employment relationship parties.

The Function of Social Constitucionalism Before Liberal Democracy

This paper aims to analyze the effectivity of Social Constitutionalism in the face of the movement so-called “liberal democracy”. This movement is responsible for the revitalization of the principle of legality into the Brazilian legal system. This outcome has started from legal amendment in Brazil Labor Code, which was introduced by Law 13,467/17. The new law enacted by National Congress has as its main purpose to increase the space of flexibility into labor law regulations. This proceeding allowed to use mandatory trade union negotiations upon several labor issues. There are some legal aspects that have breached specific constitutional commands, and these contradictions against the constitution should be controlled by the rules with social contend, namely Social Constitutionalism. Social Constitutionalism will be tested before the Brazilian courts as an effective framework to maintain the level of protection on social rights. This tool has been used to control the precarious scheme introduced into labor rules that has breached the constitutional principle of non regression on social rights. This new guidance is actually possible through the occasional congressional majorities formed in times of great political and economic turbulences, even though the law is the expression of liberal democracy represented by popular vote. The International Labor Organization (ILO), which celebrated its 100th anniversary in 2019, has dire predictions about how the Brazilian government will lead with these changes into the law.

‘The right to (decent) work. The right to everyone or “chosen” ones?’ The situation in Poland

Work represents a particular economical, social and psychological relevance to the worker. Because of a personal dimension of work, that involves human beings, it cannot be separated from workers. The approach to human labour as not a market product, but as a human being, is contained in the statement that ‘labour is not a commodity’, firstly expressed in the International Labour Organization’s 1944 Declaration of Philadelphia. The reference to this assumption more recently on the occasion of the 100th anniversary of ILO activities clearly evidence that the history of labour has come full circle and the idea of decent work for workers has returned to being the centre of labour law regulations. The concerns relating to the inadequate protection of workers coincided in time with the transformative change in the world of work. With this in mind, it is then worth considering more deeply whether a decent job is an ‘exclusive’ and ‘luxurious’ ideal, and leave outside its scope a number of workers who are in need of protection because of their unique situation. The position of Poland in this picture will be analysed.

Cross‐Border Social Dumping as a ‘Game of Jurisdiction’ – Towards a Legal Geography of Labour Relations in the EU Internal Market*

AbstractThe question of social dumping has again climbed the EU policy agenda. In this article, we call into question some established views of social dumping that conceptualize the relationship between EU internal market and Member States in binary terms. Based on an analysis of relevant case law, and drawing on the conceptual tools provided by critical legal geography, we show that the project of EU integration relies as much on the scalar differentiation of powers as it does on the ‘upward’ shift of powers from the national‐ to the supra‐national level. We propose an understanding of EU internal market law as productive of a ‘labour law patchwork’, defined by the simultaneous fragmentation and overlap of labour law regulations across and within EU Member States. Here, we re‐conceptualize cross‐border social dumping as a ‘game of jurisdiction’ – a set of strategic moves by actors within a multi‐scalar and multi‐jurisdictional space.

Az automatizálás munkaerőpiaci és munkajogi kérdései

The fundamental value of labour law at all times is that it provides security in the economic sense and thus creates predictability: on the one hand, with rules protecting the worker and, on the other hand, by building a social network on the part of the state in case the worker is unable to work. In addition, it is crucial that labour law regulations can properly adapt to the economic and social changes of the 21st century, to the emergence of new trends. The development of robotics and artificial intelligence will undoubtedly have an impact on the dynamic and static elements of the work environment, the labour market, and the labour relationship, thus generating new challenges.

Versenyjog vs. kollektív tárgyalás? – A munkajogi védelem a versenyképesség szempontjából

The constantly changing economic and social environment is of paramount importance to the environment of labour law regulation today given that the socio-economic definition of labour law can be considered on the basis of the current idea thereof. Adaptation to the changing environment requires that labour law regulations also adapt properly to the changes. As a result, we may encounter a number of new employment relationships today, which will generate additional problems to be resolved with regard to labour law.

Los vacíos jurídicos de los riesgos laborales del teletrabajo en Ecuador

The purpose of this article is to explain about of the legal vacuum within the current labour and social security law regulations. There are the labour risks in the telework and the recently introduction of this figure in the Ecuador Law, thetreatment is not the correct way, it does not have its own legal regime. These would be subject to the applied for the contingencies of the work risks in general. Because, if the work is do off of the work place dependences, any harmful eventuality is imminent, either as an accident at work or occupational disease. For the effect, is very important analyze the telework figure, the rights and sub rights which comprises and the possible risks of works that could happen for this way of do the work activities. Using a comparative analysis between of the Spanish Law and Colombia Law whose regulation about this topic is so extensive, reduced to manuals, prevention plans and sentences issued of the respective judicial authorities. With this, the need to generate specialized regulations for the coverage of labour risks of telework in Ecuador is exposed, given the particularities that this contractual modality entails.

The basics of Polish labour law

Polish legal system recognizes the difference between labour law and employment law. Labour law is the notion formally recognized by the name of its basic legal act — the Labour Code. Labour law regulates only part of the entire labour market, limited to subordinate forms of work conduct. Employment law is a wider notion, which has scientific rather, than legal basis. It contains labour law within, together with all other employment forms, such as civil contracts for services, self-employment etc. The article discusses the basic regulations of polish labour law. Remarks on polish labor law development after economic system change from centrally regulated to market economy introduce to the topic. After that the sources of law were presented. Those are particularly important for labour law system, which includes not only common sources, but also particular ones, like collective agreements. The article concentrates on presentation of polish individual labour law regulations which are the core of the employment system. This is the regulation of employment contract, which is contained mostly in the Labour Code. This part of article undertakes issues of employment contract types, forms, obligations of the parties and termination. Working time systems and limitations, guarantees of free time presented in the article, are very influential for the whole social system. The article presents also some atypical forms of employment, used in Poland, such as telework, temporary work and self-employment. At the end text presents the basic regulations of collective labour law: workers and employers representations and collective disputes.

Prevention of Employee’s Mental Health and Employment Law

The article is devoted to selected issues of protection of mental health of an employee. This issue has a very practical value, but so far, the proposed topic has not received too many scientific studies conducted through the prism of Polish labour law regulations. The text, in addition to the author’s thoughts, has been enriched with guidelines for the promotion of mental health published by the European Commission in 2014 in a document entitled Promoting Mental Health in the Workplace.