scholarly journals Adapting Labour Law to Complex Organisational Settings of the Enterprise: Why Rethinking the Concept of the Employer is Not Enough

2020 ◽  
Author(s):  
Giovanni Gaudio
Keyword(s):  
Legal Framework ◽  
Employment Relationship ◽  
Variable Geometry ◽  
Labour Law ◽  
Regulatory Domains ◽  
Vertical Disintegration ◽  
Regulatory Strategies ◽  
Analytical Response ◽  
The Subject ◽  
Unitary Concept

Abstract Labour law struggles to deal with the vertical disintegration of the enterprise, a phenomenon that questions the traditional bilateral and contractual analysis of the employment relationship and the unitary concept of the employer. Multiple employer patterns have been proposed by the Italian and English scholarship to try to sidestep the current impasse. However, these seem to be inconsistent with the existing legal framework and, in addition, it is debatable that they can be always instrumental in addressing the issues arising from the vertical disintegration of the enterprise. Nevertheless, an alternative and more nuanced analytical path can be followed. Labour law mostly takes the view that the employer is the contractual counterparty to the employee. Yet it also recognises that other entities can assume certain responsibilities of the employer in certain specific regulatory domains, where legislators recur to particular regulatory strategies often independent of a contractual analysis of the employment relationship. This article argues that the law takes this step not because these other legal entities are functionally akin to employers, but precisely in spite of the differences between them and the employer form. Rather than seeking to redefine the concept of employer, a better understanding of the subject must recognise that employment law consists of a kaleidoscopic blend of different regulatory domains, characterised by a range of different purposes, the achievement of which requires the adoption of different and even non-contractual normative tools. Adopting a variable geometry approach to frame the scope of labour laws would constitute a better analytical response to potentially restore the coherence and completeness of the scope of employment protective norms.

THE RULES OF REMUNERATION OF THE WORKER COOPERATIVE MEMBERS

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 377-386
Author(s):  
Tomasz Duraj
Keyword(s):  
Employment Relationship ◽  
Labour Law ◽  
The Subject ◽  
The Right ◽  
Worker Cooperative ◽  
Economic Risks

The subject of the foregoing study is an analysis of the specific rules for the remuneration of members of a worker cooperative who, by contributing to the organisation, participate in the economic risks associated with its operation. Each member of a worker cooperative is guaranteed the right to participate in the profit (balance surplus) of the cooperative, but at the same time participates in covering its losses up to the amount of the declared contribution. This special status of members of a worker cooperative, together with the obligation to work for that organisation on the basis of an employment relationship, has an impact on the remuneration of that category of workers. This can be seen in the structure of their remuneration, which consists of the current salary and the share of the balance surplus to be distributed among the members in accordance with the rules laid down in the statutes. Moreover, the current salary of a member of a worker cooperative and his share of the balance surplus are under protection provided by labour law for the remuneration of the employees.

scholarly journals Is there a need to introduce a presumption of an employment relationship into the Polish legal system?

2021 ◽  
Vol 35 ◽  
pp. 201-217
Author(s):  
Karol Stanioch
Keyword(s):  
The Netherlands ◽  
Legal System ◽  
Labor Law ◽  
Employment Relationship ◽  
Labour Law ◽  
The Subject

The article contains reflections on the legitimacy of introducing the presumption of the employment contract’s labor law character into the polish legal system, the possible shape of such a regulation and the manner of its introduction in relation to the axiological assumptions of the labour law. The author joins the discussion on the presumption by referring to the views presented by legal scholars on the subject and analyzing the presumptions existing in the Netherlands, Switzerland, and Slovenia. In his conclusions, he supports the introduction of the presumption in material and rebuttable form.

Work-Life Balance in Italy pre-, during and post-COVID-19

2021 ◽  
Vol 28 (1) ◽  
pp. 37-46
Author(s):  
Olga Rymkevich
Keyword(s):  
Parental Leave ◽  
Domestic Workers ◽  
Legal Framework ◽  
Work Life ◽  
Work Life Balance ◽  
Organizational Changes ◽  
Labour Law ◽  
Life Balance ◽  
The Impact ◽  
Legislative Measures

The COVID-19 pandemic is bringing immense pressure to bear on labour law and social security institutions in all countries of the world, while having a major impact on work-life balance. The total lockdown, also of schools and higher education, the unprecedented fall in the level of production, the reduced possibility of relying on other family members, friends and domestic workers, traditionally constituting the essential pillars of formal and informal caring, in addition to working from home with children doing their schooling online (in large part on the parents’ shoulders) have compelled families to face new and abrupt organizational changes. The aim of this article is to investigate the legislative measures such as parental leave (ordinary and emergency) adopted in Italy aimed at supporting families during the pandemic, with a view to assessing their effectiveness and the impact on the Italian labour market during and after the pandemic. For this purpose, the socio-economic and legal framework dealing with parental leave before the COVID-19 emergency will be outlined, followed an the analysis of the emergency measures to provide support for parents, concluding with some reflections on possible future developments.

scholarly journals Distributed generation of photovoltaic solar energy: impacts of ANEEL`s new regulation proposal on investment attractiveness

2021 ◽  
Vol 14 (2) ◽  
pp. 423-442
Author(s):  
Diego Silva Cardoso ◽  
Pedro Sartori Locatelli ◽  
Wanderley Ramalho ◽  
Nader Asgary
Keyword(s):  
Solar Energy ◽  
Distributed Generation ◽  
Energy Generation ◽  
Legal Framework ◽  
Government Policies ◽  
Solar Irradiation ◽  
Industrial Plant ◽  
The Subject ◽  
Photovoltaic Solar Energy ◽  
Practical Implications

Purpose – The production of photovoltaic solar energy has gained international prominence, being the subject of government policies aimed at its development. The purpose of this study is to analyze the profitability of a shared photovoltaic solar energy project, located in the national territory, resulting from changes in regulatory framework of the sector represented by different tariff levels.Design/methodology/approach – It is a quantitative study based on corporate finance as its theoretical-conceptual substrate. Simulations were carried out using different energy price and tariff scenarios.Findings - The results reveal that, under current conditions, distributed photovoltaic solar energy generation is financially very attractive to investors. In addition, it was found that significant changes in the tariff regime for this type of energy might prevent new investments in the segment. Practical implications – The evidence suggests caution in changing the legal framework of a segment that is still incipient in the country, which generates clean and renewable energy, and with enormous growth potential.Originality/value - The study presents, in a systematic way, the possible impacts of changes in the price and tariff scenarios on the attractiveness of investment in the distributed generation of photovoltaic solar energy generation. In this sense, it can be easily adapted to evaluate industrial plant projects of different sizes in regions with distinct levels of solar irradiation.           

scholarly journals Ethical Development of Artificial Amniotic Sac and Placenta Technology: A Roadmap

2021 ◽  
Vol 9 ◽  
Author(s):  
E. J. Verweij ◽  
Lien De Proost ◽  
Judith O. E. H. van Laar ◽  
Lily Frank ◽  
Sylvia A. Obermann-Borstn ◽  
...  
Keyword(s):  
Research Ethics ◽  
Stakeholder Engagement ◽  
Legal Framework ◽  
Value Sensitive Design ◽  
Ethical Development ◽  
Legal Research ◽  
Research Setting ◽  
The Status ◽  
The Subject ◽  
Study Participants

In this paper we present an initial roadmap for the ethical development and eventual implementation of artificial amniotic sac and placenta technology in clinical practice. We consider four elements of attention: (1) framing and societal dialogue; (2) value sensitive design, (3) research ethics and (4) ethical and legal research resulting in the development of an adequate moral and legal framework. Attention to all elements is a necessary requirement for ethically responsible development of this technology. The first element concerns the importance of framing and societal dialogue. This should involve all relevant stakeholders as well as the general public. We also identify the need to consider carefully the use of terminology and how this influences the understanding of the technology. Second, we elaborate on value sensitive design: the technology should be designed based upon the principles and values that emerge in the first step: societal dialogue. Third, research ethics deserves attention: for proceeding with first-in-human research with the technology, the process of recruiting and counseling eventual study participants and assuring their informed consent deserves careful attention. Fourth, ethical and legal research should concern the status of the subject in the AAPT. An eventual robust moral and legal framework for developing and implementing the technology in a research setting should combine all previous elements. With this roadmap, we emphasize the importance of stakeholder engagement throughout the process of developing and implementing the technology; this will contribute to ethically and responsibly innovating health care.

scholarly journals MEDICAL AND PROCEDURAL-LEGAL ASPECTS OF INPATIENT AND OUTPATIENT FORENSIC PSYCHIATRIC EXAMINATION

2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova
Keyword(s):  
Medical Practitioner ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Psychiatric Examination ◽  
Legal Norms ◽  
The Subject ◽  
Forensic Psychiatric

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

scholarly journals The Influence of Atypical Employment on Socioeconomic Development

2020 ◽  
Vol 16 (1) ◽  
pp. 43-50
Author(s):  
Nikita L. Lyutov
Keyword(s):  
Market Segmentation ◽  
Socioeconomic Development ◽  
Employment Relations ◽  
Negative Consequences ◽  
Labour Law ◽  
Labour Market Segmentation ◽  
The Subject ◽  
Labour Legislation ◽  
Atypical Employment ◽  
Positive Effect

The Subject of the Study. The article deals with an issue of impact of atypical employment on the socioeconomic development on micro- and macro levels. The Purpose of the Study is to discover the links between the introduction of atypical forms of employment and socioeconomic development. The Main Theoretical and Empirical Aspects of Study: as the implementation of various forms of atypical employment is one of the aspects of flexibility in employment relations’ regulation, the author starts with a general analysis of impact of general flexibility of employment on the economy. This section of the article contains the conclusion that a thesis about positive effect of labour law flexibility on the economic effectiveness remains unproven; – the second part of the article contains an analysis of the relations between the specific forms of atypical employment and the state of economy. The conclusion has been made that ill-considered implementation of such forms into the labour legislation leads to such negative consequences to the economy as the labour market segmentation and volatility, rising incomes gap and lowering the purchasing power. – the thesis is made that Russian labour legislation modification in the field of atypical employment development is only acceptable with a view to make the already existing atypical employment come out of informal sector, and in a way that takes into account the interests of both parties of the employment relationship.

Protecting Genetic Privacy in Biobanking through Data Protection Law

2021 ◽  
Author(s):  
Dara Hallinan
Keyword(s):  
Data Protection ◽  
Critical Infrastructure ◽  
Legal Framework ◽  
Privacy Rights ◽  
Genetic Privacy ◽  
General Data Protection Regulation ◽  
General Data ◽  
Research Biobanks ◽  
The Subject ◽  
Data Protection Law

Biobanks are critical infrastructure for medical research. Biobanks, however, are also the subject of considerable ethical and legal uncertainty. Given that biobanks process large quantities of genomic data, questions have emerged as to how genetic privacy should be protected. What types of genetic privacy rights and rights holders should be protected and to what extent? Since 25 May 2018, the General Data Protection Regulation (GDPR) has applied and now occupies a key position in the European legal framework for the regulation of biobanking. This book takes an in-depth look at the function, problems, and opportunities presented by European data protection law under the GDPR as a framework for the protection of genetic privacy in biobanking. It argues that the substantive framework presented by the GDPR already offers an admirable baseline level of protection for the range of genetic privacy rights engaged by biobanking. The book further contends that while numerous problems with this standard of protection are indeed identifiable, the GDPR offers the flexibility to accommodate solutions to these problems, as well as the procedural mechanisms to realise these solutions.

THE EMPLOYER’S RISK PRINCIPLE

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 83-91
Author(s):  
Łukasz Pisarczyk
Keyword(s):  
Employment Relationship ◽  
Strict Sense ◽  
Labour Law ◽  
Personal Risk ◽  
Normative Principle ◽  
Risk Principle ◽  
Application Scope

The article discusses the employer’s risk as a principle of labour law. The idea of employer’s risk is that the employer bears the consequences of obstacles in the performance of the employment relationship that it has not caused. The author distinguishes the obstacles: not related (the employer’s risk in a strict sense) and related to the employee (personal risk). As a rule, the employer bears the risk of circumstances not related to the employee. The nature as well as the application scope of regulations allow to formulate a normative principle of the labour law. At the same time the employer bears the risk of the obstacles related to the employee only in cases specified in the labour law, both: statutory standards as well as autonomous provisions. As a result, the personal risk of the employer cannot be considered to be a normative principle of the labour law.

On some issues of legislation harmonization on legal proceedings and representation: comparative legal characteristics

2021 ◽  
pp. 373-387
Author(s):  
Valentina M. Bolshakova
Keyword(s):  
Social Activity ◽  
Legal Framework ◽  
Judicial System ◽  
Access To Justice ◽  
Legal Doctrine ◽  
Basic Principles ◽  
Legal Proceedings ◽  
Social Trends ◽  
The Subject ◽  
Judicial Protection

The subject of research is the issues of improving the legislation on the judicial system, legal proceedings types, further unification of duties of general jurisdiction courts and analysis of requirements for a procedural representative. The modern legal doctrine contains legislative regulations governing various spheres of social activity. One of these areas is the regula-tion of the structure and regulatory legal framework of the activities of judi-ciary, administering justice and implementing in practice the basic principles of the legal state. Method, research methodology: we illustrate the need to improve the legislation on the judicial system and legal proceedings based on the application of comparative legal and systemic research methods. The novelty of research, main conclusions: we consider social trends leading to judicial changes, we present the corresponding opinions of scientists on this issue. As a result of the conducted scientific research, we establish that some normative legal acts regulating the types of legal proceedings, the duties of general jurisdiction courts, as well as the institution of procedural representation, need to be amended in order to bring them into line with constitutional provisions and establish precise legal and technical formulations. We especially note that this study makes it possible to assess how optimal the judicial and procedural legislation is at present and how effectively it allows for judicial protection of violated or disputed rights and simplifies citizens' access to justice.

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