scholarly journals Podmioty odpowiedzialności pracodawczej w stosunkach prawa pracy

2018 ◽  
Vol 113 ◽  
pp. 133-152
Author(s):  
Artur Tomanek
Keyword(s):  
The Other ◽  
Legal Person ◽  
Wide Sense ◽  
Labour Law ◽  
Labour Relations ◽  
Organizational Unit ◽  
Heterogeneous Nature ◽  
A Company

ENTITIES OF EMPLOYER’S RESPONSIBILITY IN EMPLOYMENT RELATIONSThis text is focused on the issue of an employer treated as a subject of the responsibility in labour law relations. The labour law doctrine shows that the responsibility of an employer for an infringement of its obligations may be analysed in a wide sense which is not limited to the responsibility of an employer as defi ned in article 3 of Polish Labour Code. The other legal or natural persons which bear responsibility with an employer or instead of it must be taken into account. To this aim the author reviews the responsibility of some legal and natural persons: a leading partner of a company acting as an employer, the Guaranteed Workers’ Benefi ts Fund and a legal person in the context of obligations of its organizational unit which is an employer according to article 3 of Polish Labour Code. Above-mentioned situations are of a heterogeneous nature. Therefore it is impossible to apply to them the unifi ed rules of legal evaluation. In some cases it may be stated that a named subject bears responsibility which is characteristic for the employer’s party of labour relations e.g. a legal person which answers for the obligations of its organizational unit being an employer. In other cases we deal with a type of responsibility which comes beyond the scope of the notion of employer’s party responsibility but this does not mean that it should not be a subject of a discussion on the notion of responsibility in labour law.

scholarly journals The Concept of Employer and the Extension of the Subjective (Ratione Personae) Scope of Collective Labour Law

2021 ◽  
Vol 95 ◽  
pp. 19-27
Author(s):  
Zbigniew Hajn
Keyword(s):  
Civil Law ◽  
The Other ◽  
Paid Work ◽  
Labour Law ◽  
Labour Relations ◽  
Organizational Unit ◽  
Other Hand ◽  
Legal Construction

In accordance with the changes in the provisions of the collective labour law in force since January 1, 2019, an employer within their meaning is also an organizational unit without civil law subjectivity, if it employs work contractors engaged in paid work engaged in paid work other than employees. This leads to the dualism of the notion and legal construction of the entity employing non-employee contractors on the basis of individual and collective relations. In individual legal relations, the entity employing contractors on the basis of civil law contracts may only be a civil law entity. On the other hand, in collective labour relations, organizational unit without civil law capacity may be regarded as their employer. The purpose of this study is to give the reasons for the thesis that such regulation leads to legal confusion, and the most appropriate way to remove it is to link the employer’s subjectivity with civil law subjectivity in individual and collective labour law.

Part 2 Specific Issues of Arbitration in Brazil, 20 Labour Law Arbitration

2020 ◽  
Author(s):  
Timm Luciano Benetti ◽  
Verçosa Fabiane
Keyword(s):  
The Other ◽  
Labour Law ◽  
Labour Relations ◽  
Other Hand ◽  
The Social ◽  
Labour Standards ◽  
Labour Legislation ◽  
The One ◽  
Labour Disputes ◽  
The Relationship

This chapter highlights labour law arbitration in Brazil. Traditionally, labour law in Brazil recognises two main groups of rights: individual and collective rights. Individual labour relations are concerned with the relationship between individual workers and their employers. Collective labour relations refer to the social relationships generated through processes of consultation and negotiation—over working conditions, labour standards, and other employment issues—between, on the one hand, the workers' collective or their representatives and, on the other hand, the employers or employers’ organization. Even before the Labour Legislation Reform of 2017, Brazilian legal order already provided in its Constitution and in other legal statutes the possibility of arbitration for collective labour rights. On the other hand, before the promulgation of the Labour Legislation Reform, there was no provision under Brazilian Law that would open the possibility of arbitration in the event of individual labour disputes.

scholarly journals TINKAMAS KOLEKTYVINIŲ DARBO SANTYKIŲ VALDYMAS EUROPOS SĄJUNGOJE PASITELKIANT SOCIALINĮ DIALOGĄ

Teisė ◽  
2015 ◽  
Vol 92 ◽  
pp. 7-18
Author(s):  
Andrzej Marian Świątkowski
Keyword(s):  
European Union ◽  
Good Governance ◽  
The Other ◽  
The European Union ◽  
Labour Law ◽  
Public Authorities ◽  
Labour Relations ◽  
Social Dialogue ◽  
The Social ◽  
Supranational Level

Straipsnyje supranacionaliniu Europos Sąjungos lygiu analizuojamas tinkamas kolektyvinių darbo santykių valdymas pasitelkiant socialinį dialogą, įvertinant suformuluotus tinkamo valdymo principus, kitus svarbius kriterijus socialinei taikai prižiūrėti ir jai garantuoti, skaidraus socialinio dialogo užtikrinimo galimybes, tinkamą pilietinės visuomenės atstovų dalyvavimą socialiniame dialoge ir viešosios valdžios atsakomybę. Taip pat analizuojami Europos Sąjungos teisės aktai ir rekomendacijos bei ekspertų nuomonė, atsižvelgiama į autoritetingas darbo teisės mokslininkų išvadas, atskleidžiant socialinio dialogo ypatybes ir trūkumus Europos Sąjungos lygiu.The article analyses the good governance of the collective labour relations via social dialogue at the supranational level of the European Union, evaluating the formulated principles of good governance, the other important criteria to maintain and guarantee the social peace, the possibilities to ensure the transparency of social dialogue, the appropriate participation of civil society representatives in the social dialogue as well as the responsibility of public authorities. The article analyses legal acts of the European Union, recommendations and the opinions of experts, also taking into account the authoritative conclusions of labour law scholars, revealing the peculiarities and drawbacks of the social dialogue at the European Union level.

scholarly journals A procedure for the introduction of leanness into a company

2021 ◽  
Author(s):  
Davorin Cimermančič ◽  
Janez Kušar ◽  
Tomaž Berlec
Keyword(s):  
Negative Impact ◽  
General Procedure ◽  
Portfolio Analysis ◽  
The Other ◽  
Business Operations ◽  
Step Procedure ◽  
The One ◽  
A Company

AbstractChanging a traditional company into a lean one is a very complex and time-consuming process that needs to be addressed in an appropriate way, otherwise the project of introduction of leanness into a company may fail on the one hand and even have a negative impact on business operations of the company on the other. When introducing a change, a step-by-step procedure leading to a progress may be of great help. The paper outlines a general procedure of leanness, an important part of which is a lean agent. A portfolio analysis is also used as a measure of leanness or as an indicator of the desired direction. The applied working methods were mainly active workshops and interviews with employees. The procedure has been tested on an example of a Slovene company; first, the existing situation is outlined, then the leanness steps taken according to the procedure and the final result after the first transition of the procedure.

scholarly journals Development and Evaluation of the Traction Characteristics of a Crawler EOD Robot

2021 ◽  
Vol 11 (9) ◽  
pp. 3757
Author(s):  
Lucian Ștefăniță Grigore ◽  
Ionica Oncioiu ◽  
Iustin Priescu ◽  
Daniela Joița
Keyword(s):  
The Other ◽  
Kinematics And Dynamics ◽  
The Novel ◽  
Propulsion Systems ◽  
Load Bearing ◽  
Emergency Situations ◽  
Modular Model ◽  
Explosive Ordnance Disposal ◽  
Multiple Missions ◽  
A Company

Today, terrestrial robots are used in a multitude of fields and for performing multiple missions. This paper introduces the novel development of a family of crawling terrestrial robots capable of changing very quickly depending on the missions they have to perform. The principle of novelty is the use of a load-bearing platform consisting of two independent propulsion systems. The operational platform, which handles the actual mission, is attached (plug and play) between the two crawler propulsion systems. The source of inspiration is the fact that there are a multitude of intervention robots in emergency situations, each independent of the other. In addition to these costs, there are also problems with the specialization of a very large number of staff. The present study focused on the realization of a simplified, modular model of the kinematics and dynamics of the crawler robot, so that it can be easily integrated, by adding or removing the calculation modules, into the software used. The designed model was integrated on a company controller, which allowed us to compare the results obtained by simulation with those obtained experimentally. We appreciate that the analyzed Explosive Ordnance Disposal (EOD) robot solution represents a premise for the development of a family of EOD robots that use the same carrier platform and to which a multitude of operational platforms should be attached, depending on the missions to be performed.

scholarly journals Regulating Labour Relations in China : The Challenge of Adapting to the Socialist Market Economy

2005 ◽  
Vol 37 (3) ◽  
pp. 753-775
Author(s):  
Pitman B. Potter ◽  
Li Jianyong
Keyword(s):  
Economic Growth ◽  
Trade Unions ◽  
Legal Protection ◽  
Labour Law ◽  
Potential Significance ◽  
Major Step ◽  
Socialist Market Economy ◽  
Labour Relations ◽  
The Relationship ◽  
Socialist Market

This paper examines the new Labour Law of the PRC, effective January 1, 1995, in the light of current and historical conditions of labour relations in China. Provisions regarding the labour contract system and dispute resolution are discussed in greater detail. Issues related to the introduction of collective bargaining and to the relationship between trade unions and the Communist Party are also examined. In their overall assessment, the authors recognize the potential significance of the Labour Law as a major step towards the legal protection of workers' rights, but point out that its effectiveness could be undermined by the preeminent policy of economic growth, by concerns about political control, and by obstacles to full implementation.

The conceptual metaphors in law—a case analysis of PRC Company Law

2018 ◽  
Vol 3 (2) ◽  
pp. 269-285 ◽  
Author(s):  
Xiaolu Wang ◽  
Yanjun Tu
Keyword(s):  
Law Enforcement ◽  
Conceptual Metaphor ◽  
Company Law ◽  
Cognitive Domain ◽  
Legal Person ◽  
Conceptual Metaphor Theory ◽  
Republic Of China ◽  
Metaphor Theory ◽  
A Company

Abstract It is said that metaphor is often than not ignored in forensic language in respect of legislation, judiciary, law enforcement and dissemination, as people think that law is a rigorous discipline and legal language is rigid, and that the use of metaphor can make the law lose its accuracy and authority. Then what is the truth? Based on the Conceptual Metaphor Theory (CMT), this study aims to investigate the conceptual metaphor in the cognitive domain of law. The authors have conducted a text analysis and a follow-up review on Company Law of the People’s Republic of China (PRC Company Law for short) and extracted five categories of conceptual metaphor centering on A COMPANY IS A LEGAL PERSON, including its identity, rights, obligations, liabilities and relationship with other companies.

scholarly journals Developing Soft Skills among Potential Employees: A Theoretical Review on Best International Practices

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Oleksandr Malykhin ◽  
Nataliia Oleksandrivna Aristova ◽  
Liudmyla Kalinina ◽  
Tetyana Opaliuk
Keyword(s):  
Professional Development ◽  
Theoretical Analysis ◽  
Soft Skills ◽  
The Other ◽  
Skills Development ◽  
Common Language ◽  
The Common ◽  
The One ◽  
A Company ◽  
Selection Of

The present paper addresses the issue of determining the best international practices for developing soft skills among students of different specialties through carrying out a theoretical review. Basing on literature on present-day theory the authors make an attempt to explain soft skills dichotomies, summarize existing approaches to classifying soft skills, consolidate and document best international practices for soft skills development among potential employees of different specialties including bachelor students, master students, doctoral and postdoctoral students. The data obtained in the theoretical analysis reveal that the possible ambiguities in the interpretation of the concept of “soft skills” are caused, on the one hand, by the dichotomic perception of their nature by present-day researchers and educators and, on the other hand, by the absence of the common language which makes it difficult to provide a more unified definition most satisfactory to all concerned. The authors are convinced that soft skills have a cross-cutting nature and regard them as personal and interpersonal meta-qualities and meta-abilities that are vital to any potential employee who is going to make positive contributions not only to his/her professional development but to the development of a company he/she is going to work for. The results of the conducted theoretical review clearly indicate that the absence of the unified understanding of the concept of “soft skills” is reflected in the existence of different approaches to classifying soft skills, let alone, the selection of didactic tools for developing soft skills among potential employees.

scholarly journals The Binding Effect of the Constitutive Documents of Companies: The 1973 and 2008 Companies Acts of South Africa

2017 ◽  
Vol 13 (1) ◽  
pp. 170
Author(s):  
Tebogo Morajane
Keyword(s):  
South Africa ◽  
The Other ◽  
Fiduciary Duties ◽  
Binding Effect ◽  
Other Hand ◽  
Legal Challenges ◽  
A Company

This contribution examines the provisions of the constitutive documents of companies under two specific provisions, namely s 65(2) of the Companies Act 61 of 1973 and s 15(6) of the Companies Act 71 of 2008.  The aim is to determine who is bound by these provisions, the circumstances which give rise to being bound by them, and the possible effect thereof on various parties. The provisions of the constitutive documents under section 65(2) of the 1973 Companies Act are interpreted by courts and academic writers to amount to a statutory contract between a company and its members and between members inter se. The members are said to be bound by the provisions of these documents only in their capacity as members. It is submitted, however, that the rights and obligations are granted to members in their capacity as such if they are membership rights which are granted by virtue on one’s membership. So far the courts have failed to provide a logical explanation of the concept “capacity of a member as such”. This failure and the “qua membership test” resulted in limitations in the interpretation of section 65(2): for example, the exclusion of persons who are regarded as outsiders. The directors, despite the fact that numerous provisions of the applicable article provides for their rights, have rights that are unenforceable via the articles, for being regarded as outsiders. The company on the other hand can enforce the obligations against the directors on the basis of breach of their fiduciary duties. These limitations called for a redraft of section 65(2).  This contribution raises the legal challenges raised by the above. It arrives inter alia at the conclusion that the “qua membership test” may find application under the 2008 Companies Act, since members/shareholders may be allowed to exercise rights that are membership rights granted to them by virtue of their membership, and directors may be allowed to exercise rights that are granted to them in their official capacities as such.

scholarly journals Applicability of Warren Buffett's investment criteria in equity securities trading on the Quito Stock Exchange, Ecuador / Aplicabilidade dos critérios de investimento de Warren Buffett em ações negociadas na Bolsa de Valores de Quito, Equador

2021 ◽  
Vol 7 (10) ◽  
pp. 96990-97007
Author(s):  
Mikel Ugando Peñate ◽  
Andrés Wladimir Herrera Manosalvas
Keyword(s):  
Latin American ◽  
Stock Exchange ◽  
Financial Education ◽  
The Other ◽  
Good Corporate Governance ◽  
Governance Practices ◽  
Securities Trading ◽  
The City ◽  
A Company ◽  
Latin American Countries

The Quito Stock Exchange (QSE) through its objective of offering security to investors, has reflected an act based on good corporate governance practices, however, 2% of amounts correspond to shares that are traded nationally, being Ecuador one of the Latin American countries with the lowest amounts traded compared to 8% of GDP. The objective of the investigation is framed in determining if the investment criteria of Warren Buffett have applicability in the negotiations of actions in the QSE, added to this the presumed existence of aversion to risk on the part of the investor, but also the ignorance of the movement of market and securities transactions, with a population that possibly lacks financial education and does not have benchmarks to invest in a seemingly unknown market. The fields of inquiry that have been defined have to do with the buffettology that involves the investment techniques and criteria that have made Buffett the most famous investor worldwide and, on the other hand, the equity certificates of or documents that represent a Part of ownership of the assets of a company that in the future allows you to enjoy the derived benefits. In conclusion, the criteria are partially applicable in an average 72.23% within companies that could be very close to being excellent, with economic, legal and operational barriers that hold back the development of the stock market in the city of Quito.

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