Ewolucja statusu prawnego inspektora pracy — uwarunkowania historyczne i ocena stanu obecnego

2019 ◽  
Vol 118 ◽  
pp. 183-208
Author(s):  
Anna Dubowik

EVOLUTION OF THE LEGAL STATUS OF LABOUR — HISTORICAL ASPECTS AND ASSESSMENT OF THE CURRENT STATEIn the period before the Second World War labour inspectors had public-law status, and their employment was regulated by the Act on the State Civil Service of 1922. Contemporary employment relations of labour inspectors are regulated by the Act on the National Labour Inspectorate of 2007 PiP and the Labour Code. Labour inspectors are employees, employed at the first stage on the basis of an employment contract. The target basis for the employment inspectors is a nomination and in the case of managerial positions, appointment. The establishment of an employment relationship with labour inspectors as well as its content deviate in many respects from a contractual employment relationship regulated by the provisions of the Labour Code. Public-law elements can be found in the employment of a state labour inspector — non-contractual employment basis, special obligations and restrictions related to a public office. The Act of 2007 does not regulate the recruitment procedure for the position of labour inspectors, which is contrary to the constitution.

2020 ◽  
Vol 9 (1) ◽  
pp. 141-150
Author(s):  
Camelia Moldoveanu

The author examines the legislative means by which the Jewish minority in Romania was dispossesd of its assets prior to World War II by the Fascist regime, and in the wake if this war, by the Communist regime. The study examines how, the post World War II govermennt willfully hindered the restitution of unlawfully taken Jewish assets, and how it has allowed not only the perpetuation of the dispossession which took place during the Holocaust, but has also added measures for the nationalization of Jewish assets. The post 1989 restitution process is also examined briefly, to outline the successive failures of the Romanian Government to enact proper restitution.


2020 ◽  
Vol 15 (2) ◽  
pp. 18-33
Author(s):  
Jean-Pierre Digard

Abstract: The consumption of meat depends first of all on religious prescripts: unlike Christianity, Judaism and Islam prohibit certain meats. Then comes the cultural status (distinct from the legal status) of animals: in Europe, the consumption of rabbits has declined due to his assimilation to a “pet”. After an increase in the post Second World War period, meat consumption has been declining in Europe since the 2000s; similarly, in North Africa and the Middle East, its consumption tends to be closer to that of Europe. These fluctuations owe more to changes in living modes and standards than to animalist activism.Résumé : La consommation carnée dépend d’abord de prescriptions religieuses : à la différence du christianisme, le judaïsme et l’islam interdisent certaines viandes. Vient ensuite le statut culturel (distinct du statut légal) des animaux : en Europe, la consommation du lapin a reculé du fait de son assimilation à un « animal de compagnie ». En Europe toujours, après une hausse après la Seconde Guerre mondiale, la consommation carnée diminue depuis les années 2000 ; à l’inverse, en Afrique du Nord et au Moyen-Orient, elle tend à se rapprocher de celle de l’Europe. Ces fluctuations doivent davantage à l’évolution des genres et des niveaux de vie qu’au militantisme animaliste.


2016 ◽  
Vol 12 (1) ◽  
pp. 7
Author(s):  
Maria Zabłocka

An Overview of the Work of Polish Scholarship on Roman Law in the First Decade of the Twenty-First Century Summary In the first decade of the 21st century Polish scholars of Roman Law accomplished a considerable amount of work, adopting an entirely new area of research. While publications on private law had constituted the predominant trend since the Second World War, especially in the first forty years of the period, articles on public law were an exception until recent times. In the last few years nearly twice as many monographs have been published on a broad range of issues in public law, such as the political system, administration, and criminal law, as on private law. The numer of articles on public law has also been much larger than on other branches of Roman law. The work of Polish Romanists has earned acknowledgement abroad, as evidenced by the invitations Polish researchers have been receiving to contribute to foreign occasional volumes, and by the digests of Polish books and articles which have appeared in the Italian scholarly journal «Iura. Rivista internazionale di diritto romano e antico».


2021 ◽  
Vol 5 (4) ◽  
pp. 1294-1324
Author(s):  
Mikhail N. Suprun ◽  
Alena I. Gerasimova

After the outbreak of the Second World War, the eastern territories of Poland were occupied by the Soviet troops (and the new Soviet-Polish border was removed far to the West). Almost 320 thousand Polish citizens who resided in these territories were arrested and sent to the camps and special settlements in the remote regions of the USSR. Of them, almost 58 thousand people were deported to Arkhangelsk Oblast. Based on the materials of two special settlements of Primorsky Raion of Arkhangelsk Oblast, this article considers the process of deportation of Polish citizens, the conditions of their accommodation and labor, their legal status, and repatriation. The authors made an attempt to identify social groups, establish the sex and age composition of the deportees, describe the process of their adaptation to the new conditions and labor efficiency, and point out the peculiarities of the application of amnesty and repatriation. According to the results of the study, the authors came to the conclusion that the conditions in the special settlements under study were such that the death rate among Polish settlers there in the first winter was almost 10% despite the territorial proximity of these settlements to the regional center. Of the survivors, only 20% of working-age men could be involved in the work in the forest. The rest of the exiles consisted of women and children, more than half of whom (47%) were children under the age of 14. In violation of the law, another 15–20% of this number could be sent to work, but in any case, the labor efficiency of such workers was minimal. The situation was aggravated by the lack of normal working and living conditions, which entailed high disease incidence and, as a result, absence from work. Such a contingent became burdensome for logging enterprises. Even with the lowest wages, special settlers’ labor was unprofitable. Meanwhile, even after the 1941 amnesty, the authorities did everything they could to keep the special settlers in the USSR. The authors explain this fact by an attempt to make Polish citizens hostages in resolving the “Polish issue,” i.e. recognition of the new Soviet-Polish border by the West and the Polish Government-in-Exile in London. As soon as an agreement with the allies on the western border of the USSR was reached and the special settlers got an opportunity to leave the USSR, there was no single Polish citizen who wanted to stay in the Soviet Union, and all of them hastened to leave for their homeland.


2017 ◽  
Vol 9 (Special Issue) ◽  
pp. 95-110
Author(s):  
Stanisław Salmonowicz ◽  
◽  

The article describes the legal status of Poles residing within the territories occupied by Nazi Germany or areas incorporated into the Third Reich during the Second World War. The author points to the examples of the limitations placed on Poles in access to goods and services, including transport, healthcare, and cultural institutions. Furthermore, he reminds us of the orders and prohibitions derived from civil, administrative, and labour laws which were imposed on Poles. The author emphasises some significant differences between the Nazi occupation in Poland and in other European countries. As a result, he advocates the conduct of new research on the issue of the real situation of Poles in various occupied regions administered by the authorities of the Third Reich.


Author(s):  
Saori Shibata

This chapter discusses the key changes that have been witnessed in Japan's political economy throughout the postwar period. In the 1970s, Japan experienced a slowing of gross domestic product (GDP) growth, although it maintained a growth rate of over 3 percent per year until the late 1980s. Efforts to maintain a sustained level of growth during the 1980s resulted in a “bubble economy,” with asset prices rising rapidly. Deploying a regulation theory approach, the chapter shows how Japan has experienced a process of neoliberalization since its economic bubble burst in 1991, with one of the key effects being the emergence of a new and growing group of precarious nonregular workers. The coordination between firms, workers, and institutions that enabled stability in employment relations from the end of the Second World War to the 1980s has been replaced by a trend toward neoliberalization, deregulation, and a lack of coordination. Ultimately, the Japanese model of capitalism has become increasingly disorganized, resulting in heightened anxiety and insecurity among workers.


2020 ◽  
Vol 33 (4) ◽  
pp. 953-968
Author(s):  
Bartłomiej Sierzputowski

AbstractThe article discusses the complicated situation of post-German cultural property held within Poland’s borders after the Second World War. On 2 August 1945, ‘the Big Three’ decided a new layout of power within Europe. They reached an agreement that Silesia, Pomerania, the Free City of Danzig (Gdańsk), and part of East Prussia (Regained Territories) along with all the property which had been left on site, should be a part of Poland. One of the post-war priorities of the Polish Government was to regulate the legal status of post-German cultural property left within these newly-delineated borders. Although the Second World War ended in 1945, there was still a threat that the majority of post-German property could be devastated, destroyed, or even looted. There are some documented cases where such cultural property was seized inter alia by the Red Army and then transported to Russia. Since 1945, Russian museums have exhibited many of these pieces of art. This article addresses the question concerning the legal status of post-German cultural property in light of public international law. Furthermore, the article responds to the question, whether Poland is entitled to restitution of post-German cultural property looted from the Regained Territories.


Author(s):  
Stefan-Ludwig Hoffmann

This article focuses on a completely back lashed Germany after the Second World War. More people died in the Second World War than in any other conflict before or since. Particularly between the Elbe and the Volga, the Nazi war of extermination left a wasteland of death. This article traces the gradual transformations that came over Germany post 1945. After the ‘unconditional surrender’ of 8 May, 1945 — the formulation was initially coined for the defeated Southern states in the American Civil War — German territories came under the control of the four Allied Powers, creating an ambiguous legal status unprecedented in the history of modern international law. Divided into four major territories, each under the control of the allied forces, Germany was no longer a sovereign state. This article further traces the effects of the post-war era followed by the gradual embracing of democracy. The Cold War and the final descending of peace in the German territory winds up this article.


1993 ◽  
Vol 33 (293) ◽  
pp. 89-93 ◽  
Author(s):  
Jacques Meurant

International humanitarian law and human rights law share a common goal, namely to protect the individual and to ensure respect for human dignity. Yet these two branches of international public law each have their own characteristics and origins and have evolved in different ways.Nevertheless, the troubled aftermath of the Second World War, the unchecked rise of violence and poverty in recent decades and the resulting need for improved protection of the ever-growing number of victims of violations of fundamental human rights have all contributed not only to the evolution of the two branches of law but also to their convergence, like “two poor crutches on which disarmed victims can lean simultaneously”, to quote an expressive image by Karel Vasak. This expert went so far as to estimate in 1984 that “the convergence of the two branches has led to an overlapping both on paper and, increasingly, in practice as well”.


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