scholarly journals Blurring the Definition of Employment Relations in Russia: Case Law on the General Notion and Some Atypical Forms of Labor

Teisė ◽  
2019 ◽  
Vol 113 ◽  
pp. 190-204
Author(s):  
Nikita Lyutov
Keyword(s):  
Labor Relations ◽  
Case Law ◽  
General Notion ◽  
Employment Relations ◽  
Labour Law ◽  
Clear Trend ◽  
Employment Relationships ◽  
Temporary Agency Work ◽  
Definition Of

Transformation of Russian labour law in the last decades shows the clear trend to differentiation and fragmentation with constantly growing number of special norms covering specific (atypical) types of employment relationships. At the same time modern labour law reflects only some of recently appearing forms of employment, such as temporary agency work or telework. The paper deals with the definition of labor relations and some atypical forms of employment.

scholarly journals Návrh nové právní úpravy zákoníku práce v otázce přechodu práv a povinností z pracovněprávních vztahů

2021 ◽  
Vol 6 (1) ◽  
pp. 53-64
Author(s):  
Jiří Novotný
Keyword(s):  
Czech Republic ◽  
Labor Relations ◽  
Case Law ◽  
Legal Regulation ◽  
The Czech Republic ◽  
Employment Relationships ◽  
National Legislation ◽  
Eu Legislation ◽  
The Government ◽  
Chamber Of Deputies

On 2 January 2020, the Government of the Czech Republic submitted a bill to the Chamber of Deputies amending the Labor Code. The bill was sent to deputies as press 689/0 on 2 January 2020. The proposed amendment to the Labor Code was compiled by the Ministry of Labor and Social Aff airs of the Czech Republic, among other objectives, with the aim of achieving compliance with national legislation with EU regulations and case law. The proposed amendment to the Labor Code should explicitly regulate the conditions for the transfer of the employer's activities, and further specify the conditions for giving notice by an employee pursuant to Section 51a of the Labor Code when transferring rights and obligations from employment relationships. It is precisely in the issue of conditions for the transfer of the employer's activities that the current legal regulation has been repeatedly criticized due to insuffi cient use of EU legislation for the national legal regulation of the transfer of rights and obligations from labor relations.

EU Limits for the Personal Scope of Employment Law

2012 ◽  
Vol 3 (1) ◽  
pp. 35-53
Author(s):  
Taco Van Peijpe
Keyword(s):  
Case Law ◽  
Employment Law ◽  
Free Movement ◽  
Labour Law ◽  
Member States ◽  
Eu Member States ◽  
Self Employment ◽  
Narrow Definition ◽  
Definition Of ◽  
Scope Of Protection

EU Member States are obliged to protect all labourers who fall within the scope of EU labour law. The Member States are free, in principle, to extend the scope of protection by applying a worker concept which includes the economically dependent self-employed. EU free movement principles restrict this freedom of the Member States to apply their own worker concepts. The ECJ makes this freedom almost illusory through a strict application of the subordination criterion for the definition of the concept of ‘worker’, as laid down in its Lawrie-Blum case law. If the ECJ would develop a positive and narrow definition of the concept of self-employed persons, then the Member States would retain the freedom which is necessary to extend adequate protection to the economically dependent self-employed, and to combat bogus self-employment. A few judgments of the ECJ contain materials for the development of such a definition of self-employed persons.

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

2021 ◽  
Vol 3 (4) ◽  
pp. 49-62
Author(s):  
Nóra Jakab ◽  
Laura Berényi ◽  
Petra Skribanek
Keyword(s):  
Social Environment ◽  
Current Idea ◽  
Labour Law ◽  
Changing Environment ◽  
Employment Relationships ◽  
Definition Of ◽  
Law Regulation

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.

scholarly journals CONCEPTS AND THE ESSENCE OF TERMINATION OF LABOR RELATIONS

Social Law ◽  
2019 ◽  
pp. 160-169
Author(s):  
M. Komarnitskaya
Keyword(s):  
Labor Relations ◽  
Employment Relations ◽  
Employment Contract ◽  
Legal Literature ◽  
Labor Legislation ◽  
Legal Consequence ◽  
The Law ◽  
Definition Of ◽  
Lexical Content ◽  
Legal Meaning

The article analyzes the specifics of termination of labor relations. The author's definition of thislegal category is provided. The essence and importance of termination of labor relations are outlined,where it is established that it stipulates certain legal facts termination of legal relations between theemployer and the employee, which have arisen on the basis of the employment contract and wereformalized by it, as well as the legal consequence of the emergence and action of certain legal facts whichin the legal literature are called termination. It is clear that clarifying the concept under consideration, itis necessary to determine its separate components, such as "termination" and "labor relations. ". As forthe first component, it has less legal meaning than lexical content, and only in conjunction with thesecond component forms a separate legal category. In terminology dictionaries, termination is regardedas the action of the meaning of cease and desist, and the term "cease" is considered, in particular, how tocease to do something, to cease to happen, to remain without completion, to cease to exist, to refuse tocontinue, to put an end to any -Why; to achieve the rejection of something, the completion of something,the limit of something. It is determined that the essence of termination of employment is manifested in thefact that this category: implies, due to certain legal facts, the termination of legal relations between theemployer and the employee, which arose on the basis of an employment contract and were formalized byhim; is the legal consequence of the occurrence and action of certain legal facts, which are referred to aslawbreakers in legal literature. Accordingly, the legal connection between the employer and the employee regarding the object - work disappears, and the respective rights and obligations of the parties areterminated due to the reasons stipulated by the law. Termination of employment under any circumstancesmeans the termination of all rights and obligations of the subjects of employment relations, the conditionson which those relations were built, and always means the impossibility of maintaining the existing legalrelationship due to the absence of one or all elements of such relations. Such termination can be in threeways for the disappearance of the object of employment relations, the content of such relations, or for thesubjects of those relations. We consider it expedient and correct to use the concept of “termination ofemployment” in the draft Labor Code instead of the term “termination of employment contract” used inthe current labor legislation.

scholarly journals Restriction of Competition After Termination of Employment Relationships

2021 ◽  
Vol 14 ◽  
pp. 158-182
Author(s):  
Annija Kārkliņa ◽  
Keyword(s):  
Applied Research ◽  
Comparative Method ◽  
Case Law ◽  
Legal Framework ◽  
Professional Activity ◽  
The European Union ◽  
Labour Law ◽  
Employment Relationships ◽  
Historical Method ◽  
The Republic

The article analyses a legal instrument of restriction on competition after termination of employment relationships. The Labour Law of the Republic of Latvia (hereinafter – Labour Law) governs the restriction on professional activity under Articles 84 and 85. The article views the goal of restriction on competition, agreement forms, validity preconditions, including notions of professional activity and adequate compensation, term of restrictions, applicability preconditions, legal framework of responsibility where the restriction has been violated and reinforcements of liability. The article also outlines parties’ rights to unilateral withdrawal from an agreement to restrict competition. with the applied research methods include analytic method (by analysing the legislation and case law), comparative method (comparing regulation of competition restriction in different Member States of the European Union), and an insight was provided into development of regulation of restriction on competition by virtue of historical method.

In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights

ICL Journal ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 43-69
Author(s):  
Eszter Polgári
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Working Definition ◽  
European Court ◽  
Structured Analysis ◽  
Definition Of ◽  
Grand Chamber

AbstractThe present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.

Wage indexation as a means of ensuring that real wage levels are raised

2020 ◽  
pp. 40-47
Author(s):  
Е. A. Shapoval
Keyword(s):  
Real Wage ◽  
Labor Relations ◽  
Labor Law ◽  
The State ◽  
Judicial Practice ◽  
Wage Indexation ◽  
Definition Of

The article considers issues related to the state guarantee of ensuring an increase in the level of real wage content, the definition of the concept of “wage indexation”, the procedure for its implementation and the mechanisms for determining the amount based on the approaches developed in the science of labor law and judicial practice taking into account priorities in the field of social and labor relations.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

scholarly journals The concept and essence of the principle of inadmissibility of abuse of procedural rights in administrative judiciary

2021 ◽  
Vol 66 ◽  
pp. 135-141
Author(s):  
Yan Bernazyuk
Keyword(s):  
Case Law ◽  
Fair Use ◽  
Public Interests ◽  
Procedural Law ◽  
European Court ◽  
The Supreme Court ◽  
Legal Legitimacy ◽  
Definition Of ◽  
Administrative Proceedings ◽  
Procedural Rights

The article is devoted to the definition of the peculiarities of observance in administrative proceedings of the principle of inadmissibility of abuse of procedural rights. The concept and essence of abuse of procedural rights in administrative proceedings are clarified, the meaning of the principle of inadmissibility of abuse of procedural rights is established. The legal basis of the principle of inadmissibility of abuse of procedural rights in administrative proceedings is investigated. Based on the analysis of the case law of the Supreme Court, the European Court of Human Rights established the content of the principle of inadmissibility of abuse of procedural rights. The opinion that the abuse of procedural rights is opposed to the conscientious abuse of procedural rights by the parties is substantiated. The author argues that the abuse of procedural rights may be recognized as actions or omissions of a party to the case, which are characterized by a sign of apparent legal legitimacy, but are used for the opposite or inconsistent with the pursuit of the relevant procedural right or obligation. Based on the analysis of the Constitution of Ukraine, international acts, laws of Ukraine and case law, it is proved that the main purpose of the principle of inadmissibility of abuse of procedural rights is to guarantee the fair use of their procedural rights. The author discloses the content of the fair use of the parties' procedural rights, which includes the use of the relevant rights for the purpose for which these rights are granted, and in the manner prescribed by procedural law, as well as conscientious performance of duties specified by law or court. The study made it possible to state that the introduction of the principle of inadmissibility of abuse of procedural rights is important for improving the effectiveness of administrative courts to protect the rights and interests of individuals, public interests and the interests of the state.

scholarly journals A new concept in the Turkish legal system: Mobbing

2020 ◽  
Vol 1 (18) ◽  
pp. 25-33
Author(s):  
Nuray Celik ◽  
Melike Yaman
Keyword(s):  
Legal System ◽  
Legal Problem ◽  
Employment Relationships ◽  
Definition Of

Mobbing is a phenomenon which has existed since employment relationships were established in business life. But this issue has been taken into consideration as a legal problem only relatively recently. Thus, within the scope of our work, the definition of mobbing shall be clarified. Moreover, Turkish legislation and judicial opinion regarding mobbing will be analysed.

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