The Regulation of Workplace Sexual Harassment in Greece: Legislation and Case Law Analysis

2005 ◽  
Vol 7 (1-4) ◽  
pp. 169-186
Author(s):  
Konstantinos D. Magliveras
Keyword(s):  
Sexual Harassment ◽  
Present Article ◽  
Case Law ◽  
Legal Framework ◽  
Criminal Code ◽  
Civil Code ◽  
The State ◽  
Labour Law ◽  
Employment Contracts ◽  
Legislative Measures

Although it is a well-known fact that sexual harassment is a common practice in Greek workplaces carried out both by employers and fellow employees, the State has not adopted any relevant civil and/or criminal legislative measures specifically to deal with it. However, there exists a general legal framework consisting of provisions in the Constitution, in the Civil Code, in the Criminal Code, and in various collective employment contracts, as well as general principles of Labour Law. Arguably, this framework does not afford to victims of sexual harassment a satisfactory regime for seeking redress. The present article analyses this legal framework and, on the basis of the applicable case law, shows how it has been applied in practice and how, on occasion, the courts have expanded its scope to overcome legislative shortcomings.

scholarly journals KLASYFIKACJA ŚRODKÓW PRAWNYCH PRZECIWDZIAŁANIA BEZROBOCIU – WYBRANE ZAGADNIENIA

2016 ◽  
Vol 12 (2) ◽  
pp. 127
Author(s):  
Ewa Staszewska
Keyword(s):  
Labour Market ◽  
Present Article ◽  
Legal Framework ◽  
The State ◽  
Market Institutions ◽  
Labour Law ◽  
Labour Market Institutions ◽  
The Unemployed ◽  
New Jobs

CLASSIFICATION OF LEGAL MEASURES TO COUNTERACT UNEMPLOYMENT: SELECTED ASPECTSSummary In order to effectively counteract unemployment the state needs to adopt and pursue an appropriate policy. The law is obviously one of the instruments which the state can use to curb unemployment. In particular, labour law regulations serve as an institutional and legal framework used by the state to achieve its goals within the area of fighting unemployment. The present article focuses on the classification of legal measures of counteracting unemployment as defined by the Polish Act of 20th April 2004 on the Promotion of Employment and Labour Market Institutions. The author defines two areas of fighting unemployment. The first area comprises measures taken by the state to assist the unemployed in finding new jobs and help them to adapt to the requirements of the labour market. The second area includes the state’s actions to create new jobs and the occupational activation of the unemployed. The author emphasises the fact that certain measures for counteracting unemployment are addressed specifically to groups whose social and demographic status puts them at greater risk of unemployment.

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.

Freedom of Religion in the Workplace

2021 ◽  
pp. 1-21
Author(s):  
Nedim Begović
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Case Law ◽  
Legal Framework ◽  
The State ◽  
European Convention ◽  
Freedom Of Religion ◽  
European Court

Abstract The article analyses the case law of the European Court of Human Rights on accommodation of Islamic observances in the workplace. The author argues that the Court has not hitherto provided adequate incentives to the states party to the European Convention on Human Rights to accommodate the religious needs of Muslim employees in the workplace. Given this finding, the author proposes that the accommodation of Islam in the workplace should, as a matter of priority, be provided within a national legal framework. In Bosnia and Herzegovina, this could be achieved through an instrument of contracting agreement between the state and the Islamic Community in Bosnia and Herzegovina.

Tätigkeitsbezug als Sachgrund der Befristung des Arbeitsvertrags

2020 ◽  
Author(s):  
Christian Roth
Keyword(s):  
German Law ◽  
Case Law ◽  
Eu Law ◽  
Labour Law ◽  
Assessment Criterion ◽  
Employment Contracts ◽  
Substantial Modification ◽  
Time Work ◽  
Part Time ◽  
Part Time Work

Based on a new, comprehensive approach, this work places the objective reasons for fixed-term employment contracts in German labour law under intense scrutiny. As a result of the author considering ECJ case law in this respect, a legally certain assessment criterion for every potential objective reason arises: their specific relation to the occupational context. By comparing this criterion with German law (§ 14 (1) of the TzBfG, Germany’s law on part-time work and fixed-term employment) and the case law in this respect, the author reveals the selective need for substantial modification of the law in question. He points out ways and means to deal with those necessary modifications to ensure that the objective reasons for fixed-term employment contracts in German law conform with EU law.

scholarly journals COVID 19 – Terminanition of Employment Contracts Due to Business Reasons

2021 ◽  
Vol 11 (11) ◽  
Author(s):  
Nana Weber
Keyword(s):  
Economic Crisis ◽  
Case Law ◽  
The State ◽  
Employment Contracts ◽  
Employment Contract ◽  
The Moment

The article deals with Slovenian regulation of the termination of employment contracts due to business reasons. According to settled case law, any termination of an employment contract is ultima ratio of the employer. In addition to pre-redundancy alternatives in ZDR-1 and a review of measures from the PKP packages, the options offered to employers by the state to prevent redundancies, at least at the moment do not provide a sufficient basis for the legality of redundancies solely because of an economic crisis due to the pandemic.

Labour Law

1990 ◽  
Vol 24 (3-4) ◽  
pp. 696-701
Author(s):  
Itzhak Eliasoff
Keyword(s):  
Social Security ◽  
Case Law ◽  
International Community ◽  
The State ◽  
International Norms ◽  
The Political ◽  
Labour Law ◽  
Labour Legislation

Anyone wishing to survey and evaluate the principal developments in Israeli labour law since the establishment of the State must relate both to the whole range of labour legislation, including legislation in the area of social security, and to the case law which has grown up alongside this legislation, which has interpreted it, and has completed and developed norms lacking in the legislation.Labour legislation in Israel, particularly in its initial stages, as Prof. Raday mentioned, was the outcome of a planned initiative. The legislation was designed to express the political and social independence of the State, to adopt the accepted international norms in this area, and to integrate Israel into the international community.

Is There a Right to Human Dignity? The Example of the Right to Education of Refugees

2019 ◽  
Vol 21 (2) ◽  
pp. 261-279
Author(s):  
Anna-Maria Konsta
Keyword(s):  
Present Article ◽  
Human Dignity ◽  
Asylum Seekers ◽  
Case Law ◽  
Legal Framework ◽  
European Law ◽  
Right To Education ◽  
The Right

Abstract The present article attempts a brief presentation of the legal framework in relation to the protection of the right to education and the protection of the human dignity of refugees, with reference to international and emphasis on European law, in an effort to recognize the inviolability of the right to education of refugees. At the same time, the question is raised if there is an independent right to human dignity or if human dignity is merely a framework term in light of which one could interpret, for example, the right to education of refugees. Through the discussed case-law of the European judicial and quasi-judicial bodies, which use the concept of human dignity, in order to protect asylum seekers, a European concept of human dignity has emerged, which may be acknowledged as an absolute fundamental right.

‘Plural Sharīʿah’. A Liberal Interpretation of the Sharīʿah Constitutional Clause of the 2014 Egyptian Constitution

2017 ◽  
Vol 31 (1) ◽  
pp. 74-88
Author(s):  
Giancarlo Anello
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Civil Code ◽  
Arab Countries ◽  
The State ◽  
Constitutional Court ◽  
Islamic Religion

This article addresses the Egyptian Constitution issued in 2014 (dustūr ǧumhūriyyah miṣr al-ʿarabiyyah). Article 2 declares that Islam is the religion of the State and that the Sharīʿah is the main source of legislation. The aim of the author is to interpret this provision considering the role that the Islamic religion plays in the cultural and legal framework of Arab countries, notably in Egypt. Furthermore, this article tries to develop a pluralistic interpretation of the norm, taking into account some foundational aspects of the Egyptian legal system including the Civil Code of 1948, the particular tradition of Arab Constitutionalism, and the former jurisprudence of the Supreme Constitutional Court.

scholarly journals Cross-Border Conversions in the European Union After the Polbud Case

2018 ◽  
Vol 1 (1) ◽  
pp. 63-77
Author(s):  
Iryna Basova
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Framework ◽  
The European Union ◽  
Freedom Of Establishment ◽  
Member States ◽  
Cross Border ◽  
Court Of Justice ◽  
A Company ◽  
Legislative Measures

Cross-border conversions may be considered as an achievement of the Court of Justice of the European Union (CJEU, Court) since its case law paves the way towards acceptance of such cross-border operations in all Member States. In the Polbud case, the CJEU clarified the scope of the freedom of establishment in regard to cross-border conversions. That judgement should give an impulse to those Member States whose law remains silent on the issue, lacks regulation or is not in line with the provisions on the freedom of establishment, to take appropriate legislative measures. However, a creation of a legal framework at the European level is still needed to provide a commonly-accepted procedure for such operations, to secure protection for vulnerable constituencies of a company, to prevent abusive practices and to regulate cooperation between the states which are involved in cross-border conversions.

scholarly journals Likums runā latviski: cīņas par juridisko valodu “Tieslietu Ministrijas Vēstneša” lappusēs

2021 ◽  
pp. 370-377
Author(s):  
Dina Gailīte ◽  
Keyword(s):  
Public Administration ◽  
Legal System ◽  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
The State ◽  
Penal Law ◽  
The Law ◽  
State Language

Until the establishment of the Latvian state, the Latvian language was not used in public administration, laws, and the legal system. After the establishment of the state, the Latvian language became the state language, and there was an urgent need to develop terminology in numerous spheres, including justice. The authors of the publications of the law journal “Tieslietu Ministrijas Vēstnesis” (Journal of the Ministry of Justice) actively participated in this process. The discussions about terminology of two major codes, the Penal Law (Criminal Code) and the Civil Law (Civil Code), were particularly extensive.

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