scholarly journals Changes in Working Time Rules since the Change of Regime in Hungary and Romania

2020 ◽  
Vol 18 (2) ◽  
pp. 127-152
Author(s):  
Katalin Lipták ◽  
Gábor Mélypataki ◽  
Magdolna Vallasek ◽  
Zoltán Musinszki

We examined two main questions in our paper, on the one hand, to find out how the legal regulations on working time and rest time have changed in Hungary and Romania in the last 3 decades, and on the other hand, to find out how the 20-29 age group relates to working time, overtime. In both countries, pre-transition labour codes have been replaced, bringing a new perspective to these countries. On the one hand, pre-regime change work organization models were partially or completely transformed, adapting to a new kind of capitalist market perception. Related to the previous two effects is the fact that both countries applied for membership in the European Union, which meant the incorporation of EU standards into national law and compliance with EU minimum standards. These EU effects have largely affected labour law and working time. In addition to the above, it is necessary to look not only at legal and economic changes, but also at social changes, shifts towards flexible legal relations and the effects of digitalisation. In the questionnaire, we asked young people (aged 20-29) with a degree in economics or law in Romania and Hungary, or who are still pursuing such studies, about how working time and overtime are perceived. As a research question, we formulated whether there is a difference or similarity between the opinions of young people living in Romania or Hungary in terms of working hours, overtime, and esteem from the employer. We hypothesize that this young age group, regardless of place of residence, typically has a similar view of working time and the labour market, but work experience has an influential power on the issue of working time. Keywords: labour law, working time, regime change, challenges

2021 ◽  
Vol 16 (1) ◽  
Author(s):  
Ljubica Milosavljević ◽  
Bogdan Dražeta

Multiple processes in modern Serbia occurred at the end of the twentieth and the beginning of the twenty first century. Almost all of them regard political, economic, and social changes. Influences caused by these changes can be seen in the social template across the spectrum of plans, encompassing various spheres of life of individuals from business to private, all the way to the point where this division, for many, is gradually disappearing. In that sense, this paper will follow the most anthropologically interesting example of research, the one that follows the influences of the undertaken reform processes and observed changes. This is the example that regards the experience and evaluation of time among employed inhabitants of Belgrade, the capital of Serbia. The aim of this paper was to refer to the results of anthropological fieldwork conducted in 2005, which focused on the experiences, strategies and expectations of employed Belgraders in terms of their working hours and certain temporal boundaries that characterize it. Due to the increasingly intensive business contacts with foreign partners and colleagues since 2000, the working hours of employees were analyzed in a narrower context, as they were on the long list of adjustments, mostly to Western influences. These contacts were not only more frequent after the period of the 1990s, which, among other things, is characterized by a sudden break in cooperation with foreigners, but were often dictated by the EU integration process, the increase of the private sector in which operated companies were oriented towards profit, and the acceleration of time. The last aspect was examined in 2005 through a sample comprising 30 interlocutors of various business backgrounds. The ethnographic material was categorized and analyzed with regard to the differentiation of respondents by age. Fifteen respondents were chosen to represent the older generation (born in the 1940s and 1950s) and as many the younger generation (born in the 1960s and 1980s). The blurring of the boundaries between the employees’ business and private life in Belgrade became more marked at the turn of the century, and it could be clearly stated through the example of working time. Differences between the period of socialism and the period of reforms since the 1990s relate also to a sense of insecurity and fear of losing one's job or having inadequate work, and the simultaneous development of the private sector, which is characterized by stricter rules for employees. More intensive was the influence of business on the private domain of life, but also the intrusion of the private into business life. This has become a necessity and a pledge of individual functioning on both levels, which show combined characteristics of acceleration through the increase of obligations.


2021 ◽  
pp. 35-40
Author(s):  
Yaroslava Svichkarova

Problem setting. On-call work is today a poorly-investigated by science of labor law form of non-standard employment. Since 2019, there are several draft laws developed in Ukraine that deal with on-call work. These drafts describe it such as employment contract with non-fixing working hour. The latest draft No. 5161 of 25.02.2021 "On Amendments to Certain Legislative Acts of Ukraine on the regulation of some non-standard forms of employment" has been submitted to Parliament. This bill was developed according to the Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union. However, we believe some provisions of this bill on the establishment of working time need further adaptation. Analysis of resent researches and publications. The issue of legal regulation of non-standard employment has been analysed by V.Venedidikov, N. Vyshnevska, I. Gorgoriev, I. Kiselev, A. Lushnikov, D. Morozov, O. Mozna, N. Nikitina, O. Process, O. Rimkevich, V. Soyfer, M. Sorokishin, O. Yaroshenko. On-call work was the subject of doctor’s and candidate’s thesis of V. Gnidenko, O. Korkin, O.Pilipko, M. Shabanova. At the same time a number of legal problems were arised after the project No. 5161 had been adopted. For instance, peculiarities of the establishment of working time, the legal regulation of new legal categories in an employment contract with non-fixed working time need further adaptation. Аrticle’s main body. In the employment contract with non-fixing working hour the maximum working hours of the employee is determined, fixed in the contract, however the minimum working time is not defined due to the fact that the employer does not have a duty to provide employee work. The minimum duration of working time defined in the draft law depends only on the amount of the wage or compensation for staying in a state of waiting. In order to strengthen the coherence of terminology and better reconcile the typology and character of this non-standard employment form with the provisions of Directive (EU) 2019/1152, the draft law should enter and (or) determine the terms, such as a schedule of work, basic hours and days, mode of operation. Conclusions and prospects for the development. In the contract with non-fixed working hours, the installation and distribution of working time has specific features: maximum duration of the employee's working time is determined, fixed in the contract, and the minimum working time is not determined at all, since the employer does not have a duty in the employer to provide employee work. The minimum duration of working time defined in the draft law depends only on the amount of the wage or compensation for staying in a state of waiting. In such an employment contract basic days and hours should be establishes, that is, a time interval when an employee must perform its labor duties in case of a demand. The employee's calling on work, in turn, must be carried out by the employer in compliance with the conditions established in the contract itself (for example, the method and minimum term of the employee's notice of the start of work). The mode of operation is predictive to the employee, the one can predict "theoretically" that he can be called on in certain days and hours. The schedule of work with each call on work is really unpredictable. This schedule should be agreed between the employee and the employer before the work is started, although we believe such agree does not matter because the schedule is made within the basic days and hours that are already known to the employee.


2021 ◽  
Vol 12 (12) ◽  
pp. 343-356
Author(s):  
Andréa Arruda VAZ ◽  
Marco Antônio Lima Berberi ◽  
Tais Martins

The research presents in a practical way the impacts of the crisis of 2008 and following years in Europe and the action of the economic block, to mitigate the crisis through austerity measures, which last to date. The search for a solution to the crisis that has plagued the European Union, the possible conflict with unavailable rights and the imposed need for flexibilization of rights, especially in labour law, deserves debate. The measures put forward by the member countries of the European Union to solve the economic crisis are also partly linked to the idea of the suppression of rights. For example, we mention the reduction of working hours, an increase in the retirement age, among other fundamental precepts inherent to the dignity of the human person, which have been made more flexible during the crisis. This article discuss the legality of these flexibilities in the face of the protection of fundamental human rights and European Community law, from the point of view of international law, of the Convention OIT, ONU, which have been ratified by the various countries of Europe. Over the years, the European Union has been going through a series of crises and consequent precarious labour law, one of the most recent and relevant, the UNITED KINGDOM’s withdrawal from the European Union through so-called Brexit.


2021 ◽  
Vol 28 (4) ◽  
pp. 305-323
Author(s):  
Kinga Moras-Olaś

The right to disconnect as an employees’ fundamental right The ongoing COVID-19 pandemic and the associated possibilities for the employers to order employees to perform their work remotely has caused the widespread perception of the employee’s right to be offline outside its working hours (also referred to as a “right to disconnect”) as a fundamental right. This article contains a synthetic analysis of the institution of remote working as the main source of threat to employees’ rights as well as considerations with regard to proposed solutions aimed at protecting the employee against such threat. On the one hand, remote work has a protective function being instrumental in safeguarding the continuity of businesses and the employee’s workplace despite the pandemic, but on the other hand, it significantly interferes with the private sphere and may lead to violations of the regulations on working time. The European Parliament’s proposals on the right to be offline should be assessed positively, although they undoubtedly only guarantee an absolute minimum level of protection. The analysis was carried out following the formal dogmatic method also taking into account comparative tools.


Author(s):  
Mamta Manshani ◽  
P.K. Chopra

<div><p><em>India is the nation of Young people with lots of dream and aspirations. If they have the skills, right education, health and real choices in life than they are the one who drives the nation towards prosperity. The economic and social progress of the country mainly depends on its young people.</em></p><p><em>By 2020, India is set to become the world’s youngest country with 64 per cent of its population in the working age group. With the West, Japan and even China aging, this demographic potential offers India and its growing economy an unprecedented edge that economists believe could add a significant 2 per cent to the GDP growth rate. Demographic dividend occurs when the proportion of independent people in the total population is larger than dependent people because this indicates that more people have the potential to be productive and contribute to growth of the economy.</em></p><p><em>This paper aims to find out and study personality and economic preferences of youth of India which is likely to benefit from demographic dividend.</em></p></div>


2021 ◽  
Author(s):  
Susanne Wanger ◽  
Ines Zapf

Objective: In this study, we investigate the effect of flexible working time arrangements and parental leave experiences on the actual working and childcare hours of men. Background: Many fathers want to spend more time with their children and actively participate in family life, but, after becoming a parent, most work even more hours than before. To better combine work and family, the possibility of flexible working time arrangements might play a crucial role for fathers, also to become more involved in childcare activities. Method: We use longitudinal data of the German Socio-Economic Panel (SOEP) to examine how flexible working time arrangements, parental leave experiences, working hours, and childcare hours are related. Based on data between 2013 and 2019, panel regression models were estimated. Results: The results show that a change from fixed to flexible working time regulations leads to an increase in working hours for men and fathers. The longer working hours of fathers go hand in hand with a reduction in the time spent on childcare activities when switching to flexible working time arrangements. However, experiences with parental leave in connection with flexible working hours show a change in the use of time. Conclusion: Flexible working time regulations prove to be ambivalent for fathers: On the one hand, they offer fathers new leeway, on the other hand, due to traditional role models, they lead to longer working hours and thus less participation in childcare; but parental leave experiences make a difference, which indicates the importance of these regulations for fathers.


2013 ◽  
Vol 3 (2) ◽  
pp. 69-90
Author(s):  
Irina S. Burlacu ◽  
Cathal O'Donoghue

This article aims to assess the impact of the social security coordination policy on the welfare of mobile workers, defined here as the EU citizens who had previously worked in another EU country than the one where they currently reside. The following research question is investigated: "To whom does a mobile worker need to be compared: to a worker in their country of residence (domestic) or to an earner in their country of employment (mobile), and why?" The article seeks to identify the counterpart group of comparison of mobile earners, taking the case of Luxembourg and Belgium. This analysis enables us to disentangle the effects of coordination policy on more working groups, and it tries to elucidate the importance of inter-group comparison. The results illustrate that the most equally treated groups are domestic earners and mobile earners, who reside in the same country. The most unequally treated are mobile earners and domestic earners from the country of employment, the uneven contribution premiums and unemployment benefit contravenes with the principle of equal treatment praxis.Spanish El presente artículo busca evaluar el impacto de la política de coordinación de la seguridad social sobre el bienestar de los trabajadores móviles. Mediante el análisis de la cuestión ¿con quién se debe comparar un trabajador móvil?: ¿con un trabajador nacional en su país de residencia o con un trabajador móvil en el país donde trabaja, y por qué?, se trata de identificar la situación hipotética de los trabajadores móviles mediante la comparación de los ingresos de los trabajadores nacionales y móviles en el desempleo. Este análisis nos permitirá separar los efectos de las políticas de coordinación en más grupos de trabajadores, ya que trata de dilucidar el uso de las comparaciones de los diferentes grupos de trabajadores. Los resultados muestran que el nivel de las prestaciones de desempleo entre los trabajadores nacionales y móviles, es relativamente el mismo. Al mismo tiempo, aparecen grandes discrepancias en las ganancias cuando se comparan a los trabajadores móviles con los trabajadores de su país de empleo. En este caso, la desigual contribución a las primas/beneficios y las bajas prestaciones al desempleo de los trabajadores móviles y nacionales, contraviene con la práctica del principio de igualdad de trato. French Cet article a pour objectif d'évaluer l'impact de la politique de coordination de la sécurité sociale sur le bien-être des travailleurs mobiles en posant la question de savoir avec qui il faut les comparer. Faut-il comparer un employé mobile à un employé fixe travaillant dans son pays de résidence ou bien dans son pays d'emploi et pourquoi? Nous cherchons à me re en relief la situation hypothétique des travailleurs mobiles en comparant le revenu des travailleurs nationaux et mobiles au chômage. Cette analyse nous perme ra de mieux saisir les effets de la politique de coordination sur un grand nombre de travailleurs, tout comme elle nous permettra de montrer l'utilité qu'il y a de comparer ces différents groupes de travailleurs. Le résultat montre que le montant de l'allocation chômage est relativement similaire entre celui d'un travailleur fixe et mobile. Par ailleurs, on relève d'importantes différences entre le revenu des travailleurs mobiles et celui des travailleurs nationaux. Dans ce cas, la cotisation inégale aux primes et indemnités de chômage des travailleurs nationaux et mobiles contredit le principe d'égalité de traitement entre les personnes.


Comunicar ◽  
2013 ◽  
Vol 20 (40) ◽  
pp. 127-135 ◽  
Author(s):  
Ana Almansa-Martínez ◽  
Oscar Fonseca ◽  
Antonio Castillo-Esparcia

Social networks have become areas of social interaction among young people where they create a profile to relate with others. The way this population uses social networks has an impact on their socialization as well as the emotional and affective aspects of their development. The purpose of this investigation was to analyze how Facebook is used by young people to communicate among themselves and the experiences they gain from it. On the one hand, while teenagers claim to know the risks, they admit to accepting strangers as friends and to sharing large amounts of true data about their private lives. For this reason, it is necessary to understand the media and digital phenomenon that the youth are living through. Although they are legally prohibited from using Facebook until they are 13, the number of underage users of this social network is growing, without any restraint from parents or schools. This investigation compares the use of Facebook by youth in Colombia and Spain by using the content analysis and interview techniques. In Colombia 100 Facebook profiles were analyzed and 20 interviews carried out with students between 12- and 15-years-old attending the Institución Educativa Distrital Técnico Internacional school in Bogotá. In Spain, 100 Facebook profiles were analyzed and 20 interviews held with students of the same age group attending various secondary schools in Andalusia. Las redes sociales se han convertido en ámbitos de interacción social entre los jóvenes, que crean un perfil para relacionarse con los demás. La exposición pública en el caso de los adolescentes puede generar problemas sobre aspectos sociales, emotivos y afectivos. Esta investigación analiza cómo se usa Facebook por parte de los jóvenes y qué experiencia obtienen de ello. Aunque dicen conocer los riesgos, admiten que aceptan a desconocidos como amigos y ofrecen datos reales sobre su vida. Ante esta situación, se hace más evidente la necesidad de la alfabetización mediática y digital de estos jóvenes que, aunque no deberían estar en Facebook hasta los 13 años, cuentan con un perfil de manera mayoritaria. Para ello se ha utilizado una metodología basada en el análisis de contenido y las entrevistas en profundidad. Se trata de un estudio comparativo entre Colombia y España. En Colombia se han realizado 100 análisis de perfiles y 20 entrevistas en profundidad. La muestra ha sido de adolescentes de 12 a 15 años, de la Institución Educativa Distrital Técnico Internacional de Bogotá. En España se han analizado 100 perfiles y se han realizado 20 entrevistas a chicos de 12 a 15 años, de Institutos (IES) de Andalucía.


2015 ◽  
Vol 47 (2) ◽  
pp. 199-221
Author(s):  
Natasa Simic

Since motivation for choosing the teaching profession figures as one of the most important determinants of the successfulness of teachers and even their students, this paper is aimed at investigating the factors of choosing teaching as a career. For that purpose, semi-structured interviews were conducted with the students of ?teacher training? faculties, novices and subject teachers with more than five years of work experience (N=76). Thematic analysis was used to identify nine categories of motivational factors: Working with young people (the desire to have a dynamic and creative job in the surroundings of young people), Influence on students (the motivation to exert influence on students? socio-emotional development, values and education), Dealing with the subject (the motivation for dealing with the science that the person studied), Class teacher/Teacher/Parents as a role model (the motivation stemming from the influence of significant others), Lecturing (the desire to ?transfer knowledge?), Lifelong learning (the desire for permanent learning in different fields), Working hours and holidays (the motivation due to working hours and holidays), Fit with the abilities (the desire to realise the ?naturally given? abilities) and Reputation (the desire to be appreciated in the society). In keeping with the results of other studies, it has been found that altruistic motivation for the choice of teaching as a career is dominant, while extrinsic motivation is least present. The findings are interpreted in the light of the current models of motivation for choosing teaching as a career and the characteristics of teachers? education and status in Serbia.


2020 ◽  
Vol 6 (2) ◽  
pp. 28
Author(s):  
Kai Liu

Annual infrastructure investment by Chinese companies in Europe continues to climb. However, the legal obstacles arising from the labour law system of the European Union has been not paid sufficient attention to. This research has taken use of a legal analyzing approach, to probe into on the one hand, the EU labour law framework; and on the other hand, to analyze the specific aspects of the labour law filed which would lead to the legal obstacles against the Chinese companies investing in the infrastructure construction.


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