scholarly journals The Legal Nature and the Place of the Right to Disconnect in European and in Russian Labour Law

2021 ◽  
Vol 9 (3) ◽  
pp. 36-59
Author(s):  
Olga Chesalina
Keyword(s):  
European Parliament ◽  
Working Time ◽  
Remote Work ◽  
Labour Law ◽  
Labour Rights ◽  
Legal Nature ◽  
Legislative Proposal ◽  
Working Day ◽  
The Right ◽  
Self Protection

The first part of this article is devoted to the legislative proposal for a Directive of the European Parliament and the Council on the right to disconnect that was adopted on 21 January 2021 in the European Parliament Resolution. In this part of the article the legal nature of the “right to disconnect, “the personal and material scope of this right as well as the relationship to other (fundamental) labour rights and different aspects of the employment relationship are analysed. Furthermore, the author discloses the gaps of the legislative proposal and makes some suggestions concerning a new concept of working conditions. The second part of the article focuses on Russian labour law. During the process of reforming the legislation on remote work it was widely discussed whether “a right to disconnect” should be provided for in the Russian Labour Code. The author analyses problems with the organisation of working time concerning the application of a special working regime entitled “unregular working day” and the recording of working time. Furthermore, the perspectives of the application of self-protection of labour rights as a way to guarantee the right to disconnect are examined. The conclusion stresses which measures would be necessary for an effective execution and enforcement of the right to disconnect.

scholarly journals COLLECTIVE LABOUR RIGHTS AS THE PRINCIPLES OF THE EUROPEAN UNION LABOUR LAW

2019 ◽  
pp. 43-46
Author(s):  
O. M. Rym
Keyword(s):  
European Union ◽  
Collective Bargaining ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Labour Law ◽  
Member States ◽  
Labour Rights ◽  
Social Partners ◽  
The Right

The article deals with certain aspects of collective labour rights in the European Union. Prerequisites and procedure of this rights guaranting as general principles of EU law are analyzed and their content is characterized. It is emphasized that such legal establishing took place somewhat haphazardly, both at the level of the acts of primary and secondary law of the European Union and in the case law. As a result, there is no single position on the spectrum of collective labour rights as principles of EU labor law. The author focuses on significant changes in the understanding of the necessity of cooperation of social partners and the extension of their interaction at the supranational level. It is under the responsibility of the European Commission to promote cooperation between Member States and to facilitate coordination of their activities in the field of the right of association and collective bargaining between employers and employees. The article clarifies the content of collective labour rights as general principles of EU law on the basis of EU legal acts, the case law of the Court of Justice of the European Union, as well as the scientific works of domestic and foreign scholars. It is noted that the system of collective labour rights, as general principles of EU labour law, consists of the right of collective bargaining and collective action, the right of employees to information and consultation within the enterprise, as well as the freedom of assembly and association. It is concluded that the necessity of cooperation between the social partners is recognized as one of the foundations of EU labour law. Herewith appropriate interaction is ensured through the normative-legal consolidation of collective labour rights and procedures for their implementation. After all, European Union legal acts allow employees and employers’ representatives to play an active role in regulating labour legal relations. For example, Member States may instruct employers and employees, upon their joint request, to implement Council directives or decisions. In addition, many directives contain warnings about the possibility of derogating from their provisions through the adoption of a collective agreement.

Protection of Labour Rights in the Age of Democratization and Economic Restructuring in Southern Africa

1995 ◽  
Vol 39 (1) ◽  
pp. 39-63 ◽  
Author(s):  
Peter Nanyenya Takirambudde
Keyword(s):  
Human Rights ◽  
Southern Africa ◽  
Trade Unions ◽  
Large Scale ◽  
Economic Restructuring ◽  
Labour Law ◽  
Labour Rights ◽  
Negative Rights ◽  
The Right ◽  
Political Economic

The contours of human rights, especially labour rights, have undergone significant shifts in the recent past in Southern Africa. Labour law regimes have been overhauled, resulting in large-scale changes, liberalization of controls over trade unions, loosening of strictures relating to the right to strike, freeing collective bargaining from excessive governmental interference and the extension of protective legislation to previously excluded workers. These developments have been a function of dramatic changes throughout die region. The transition in Soudiern Africa has encompassed die political, economic and legal fabrics of most countries. It has been under way since die late 1980s and is being extended daily. In die constitutional zone, diere is a discernible trend towards the constdtutionalization of social rights, thus settling the debate regarding positive and negative rights in favour of the interdependence, indivisibility and interconnectedness of human rights. The transformation in Soudiern Africa is emblematic of three critical developments: democratization, economic liberalization and paradigmatic transitions in law.

scholarly journals Ley y negociación colectiva en la determinación del tiempo de trabajo del personal que presta servicios esenciales de protección civil en la Comunidad Autónoma Vasca

2017 ◽  
pp. 225-266
Author(s):  
Edurne TERRADILLOS ORMAETXEA
Keyword(s):  
Public Service ◽  
Working Time ◽  
Civil Servants ◽  
Legal Regime ◽  
European Directives ◽  
Working Day ◽  
The Right

LABURPENA: Babes zibilean zerbitzu ematen duten enplegatu publiko batzuei ezar dakiekeen lan-denboraren araubide juridikoaren azterketa jasotzen du ikerketa honek. Era berean, ohiko erregulazioa eta zuzentarau europarrak aztertuko dira. Zerbitzu publiko egokia eskaintzeko betebeharrak, batzuetan, ez du bat egiten atsedenerako eskubidearekin, eta horrek lotura zuzena du pertsonen osasunarekin. Ikerketa honen lehentasunezko xedea izango da, bestalde, lanaldiaren eta atsedenaren gutxieneko arauak zeintzuk diren ikustea eta horien gainean negoziatzeko legitimatuta dauden subjektuek arauak aldatzeko aukera edukitzea. RESUMEN: El presente estudio se enfoca al análisis del régimen jurídico del tiempo de trabajo aplicable a ciertos empleados públicos que prestan servicios de protección civil. La regulación convencional y las directivas europeas serán también objeto de análisis. La obligación de ofrecer un adecuado servicio público puede, en ocasiones, enfrentarse al derecho al descanso, indefectiblemente unido a la salud de las personas. Averiguar cuáles son las normas mínimas de jornada y descanso, como la posibilidad de ser modificadas por parte de los sujetos legitimados para negociar, será otro de los objetivos prioritarios de este estudio. ABSTRACT: This study focuses on the analysis of the legal regime of the working time applicable to some civil servants that provide civil protectionservices. The conventional regulation and the European directives will also be analyzed. The obligation to provide with an adequate public service sometimes can run against the right to rest, necessarily linked to people’s health. Another priority objective in this work is to find out the minimum rules on working day and rest together with the options to amend them by the individuals legitimated to negotiate.

scholarly journals Prawo do bycia offline jako podstawowe prawo pracownika

2021 ◽  
Vol 28 (4) ◽  
pp. 305-323
Author(s):  
Kinga Moras-Olaś
Keyword(s):  
Working Hours ◽  
Working Time ◽  
The Other ◽  
Private Sphere ◽  
Remote Work ◽  
Minimum Level ◽  
Absolute Minimum ◽  
Protective Function ◽  
The One ◽  
The Right

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.

scholarly journals Battering against a brick wall

2009 ◽  
Vol 91 (6) ◽  
pp. 190-191 ◽  
Author(s):  
John Black
Keyword(s):  
European Parliament ◽  
Working Time ◽  
European Working Time Directive ◽  
Brick Wall ◽  
Opt Out ◽  
European Working ◽  
The Press ◽  
The Right ◽  
Phase Out ◽  
Working Time Directive

There has been some confusion recently about the doings of the European Parliament with regard to the European Working Time Directive (EWTD). Some reports in the press suggested that an opt-out had been achieved. In fact, all that happened was that after considerable wrangling an attempt by the socialist bloc to phase out the right of individuals to opt out was not so much defeated as talked out.

scholarly journals Prawa i obowiązki stron stosunku pracy w czasie pandemii COVID-19

2020 ◽  
Vol 27 (4) ◽  
pp. 305-322
Author(s):  
Magdalena Rycak
Keyword(s):  
Current Situation ◽  
Employment Relationship ◽  
Remote Work ◽  
Legal Basis ◽  
Labour Law ◽  
The Right ◽  
And Control ◽  
Temporary Closure ◽  
Fixed Period ◽  
Take All

Rights and obligations of parties to an employment relationship during the COVID-19 pandemic The article discusses the most important regulations regarding the rights and obligations of employers and employees during the COVID-19 pandemic, both for employees performing remote work and employees who, due to the nature of their work, must perform it at the workplace. In order to counteract COVID-19, the employer may instruct the employee to perform, for a fixed period, work specified in the employment contract, outside the place of its permanent performance (remote work). In the current situation, in principle, the employer may, whenever an employee performs remote work, order it for 180 days from the date of the Act’s entry into force. There appear a number of problems in the field of labour law when working remotely, including how to comply with OSH regulations, how to proceed in the event of an accident at work or control of working time. An employer may commission remote work to only part of the employees, e.g. those who have children. Yet, this should be justified by objective circumstances. The employer should take all available precautions, such as ordering remote work or even temporary closure of an enterprise, if his employees are infected with the SARS-CoV-2 virus in order to enable State Sanitary Inspection or physicians or himself to take action. During the epidemic, the employer also has the right to carry out preventive checks of employees’ temperature. There is no legal basis for employers to send their employees to quarantine themselves. The employer may also not allow an employee to work without a preliminary and control examination. The last part of the article deals with the so-called crisis agreements concluded with employee representatives.

scholarly journals Revisiting the Zimbabwean Unfair Labour Practice Concept

2021 ◽  
Vol 24 ◽  
pp. 1-27
Author(s):  
Tapiwa Givemore Kasuso
Keyword(s):  
Trade Unions ◽  
Regulatory Framework ◽  
Constitutional Court ◽  
Conservative Approach ◽  
Labour Law ◽  
Labour Rights ◽  
Labour Practice ◽  
Constitutional Right ◽  
The Right ◽  
Exhaustive List

The 2013 Constitution of Zimbabwe entrenches the broad right to fair labour practices. The right is given effect to in Part III of the Labour Act (Chapter 28:01), which provides an exhaustive list of unfair labour practices which can be committed by employers, trade unions, workers' committees, and other persons. The Labour Act predates the 2013 Constitution. The constitutionalisation of the right to fair labour practices necessarily carries with it the attendant difficulties of reconciling the new rights and the pre-existing regulatory framework. This article seeks to contribute towards a practical understanding of the Zimbabwean unfair labour practice concept in the light of the constitutionalisation of the right to fair labour practices. It explores the nature and scope of the concept of unfair labour practice and examines its relationship with the constitutional right. Further, the contribution critiques the formalistic and conservative approach adopted by the Constitutional Court in explaining this relationship. The article commences with a brief discussion of the origins of the concept and its reception in Zimbabwean labour law. Following from this, the contribution critically analyses the unfair labour practice concept from statutory and constitutional perspectives. It argues for an expanded paradigm of the concept. This can be achieved if the judiciary moves away from pedantic approaches to the interpretation of labour rights. Therefore, the clarion call is for a purposive and expansive interpretation of the right to fair labour practices, which promotes constitutionalism. In addition, the contribution calls upon the legislature to reconsider the viability of the exhaustive list of unfair labour practices in Part III of the Labour Act, given the constitutionalisation of the broad right to fair labour practices.

ON CONSTRUCT OF THE RIGHT OF PRE-EMPTION IN RESPECT OF PARTICIPATORY INTEREST (SHARES)

2020 ◽  
Vol 20 (4) ◽  
pp. 94-219
Author(s):  
I.S. CHUPRUNOV
Keyword(s):  
General Rule ◽  
Constitutive Theory ◽  
Freedom Of Contract ◽  
Legal Nature ◽  
Public Corporation ◽  
Russian Law ◽  
Right Of First Refusal ◽  
The Right

The paper provides analysis of the legal nature and the mechanism for exercise of the right of pre-emption (right of first refusal) in respect of execution of a contract taking as an example of right of first refusal to purchase a stake in a non-public corporation, and also examines the boundaries of parties’ autonomy and freedom of contract in this area. The author comes to the conclusion that the key elements of the construction of the right of pre-emption are the transformation powers that belong to the right holder. The author also demonstrates that, notwithstanding their dominance in Russian law, the views, which suggest that exercise of the right of pre-emption leads to “transfer of rights and obligations of a purchaser” (the translative theory), should be rejected. These views must be replaced with the constitutive theory, according to which exercise of the right of pre-emption results in a new contract between the right holder and the seller (as a general rule, on the same terms that were agreed between the seller and the purchaser).

Prawo obywateli Unii Europejskiej do czynnego i biernego udziału w wyborach parlamentarnych w kraju członkowskim miejsca pobytu

2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 23-37
Author(s):  
Marek Danikowski
Keyword(s):  
Member State ◽  
European Parliament ◽  
European Democracy ◽  
The Right ◽  
Insufficient Knowledge ◽  
The Eu

The right of EU citizens residing in another Member State, to vote and stand in elections to the European Parliament is a major achievement of the European democracy. In the light of EU citizens’ still insufficient knowledge concerning the opportunities and benefits brought in by this right, it is worth making this institution more familiar to themin a straightforward way, at the same time balancing criticism towards the idea of the EU.

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