scholarly journals Is there a need to introduce a presumption of an employment relationship into the Polish legal system?

2021 ◽  
Vol 35 ◽  
pp. 201-217
Author(s):  
Karol Stanioch
Keyword(s):  
The Netherlands ◽  
Legal System ◽  
Labor Law ◽  
Employment Relationship ◽  
Labour Law ◽  
The Subject

The article contains reflections on the legitimacy of introducing the presumption of the employment contract’s labor law character into the polish legal system, the possible shape of such a regulation and the manner of its introduction in relation to the axiological assumptions of the labour law. The author joins the discussion on the presumption by referring to the views presented by legal scholars on the subject and analyzing the presumptions existing in the Netherlands, Switzerland, and Slovenia. In his conclusions, he supports the introduction of the presumption in material and rebuttable form.

THE RULES OF REMUNERATION OF THE WORKER COOPERATIVE MEMBERS

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 377-386
Author(s):  
Tomasz Duraj
Keyword(s):  
Employment Relationship ◽  
Labour Law ◽  
The Subject ◽  
The Right ◽  
Worker Cooperative ◽  
Economic Risks

The subject of the foregoing study is an analysis of the specific rules for the remuneration of members of a worker cooperative who, by contributing to the organisation, participate in the economic risks associated with its operation. Each member of a worker cooperative is guaranteed the right to participate in the profit (balance surplus) of the cooperative, but at the same time participates in covering its losses up to the amount of the declared contribution. This special status of members of a worker cooperative, together with the obligation to work for that organisation on the basis of an employment relationship, has an impact on the remuneration of that category of workers. This can be seen in the structure of their remuneration, which consists of the current salary and the share of the balance surplus to be distributed among the members in accordance with the rules laid down in the statutes. Moreover, the current salary of a member of a worker cooperative and his share of the balance surplus are under protection provided by labour law for the remuneration of the employees.

PROTECTION OF THE PERMANENCE OF EMPLOYMENT IN GERMANY

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 391-402
Author(s):  
Tomasz Świętnicki
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Extensive Study ◽  
Employment Relationship ◽  
Employment Relationships ◽  
Law System ◽  
The Subject

The aim of this article is to present the protection of the permanence for the employment relationship in Germany and to outline the labor law system prevailing in Germany, as well as attempt to answer the question what are the grounds / prerequisites as a rule of the subject protection. The subject of my analysis are the principles of protection for he permanence of employment relationships established on the basis of a contract for the employee. Labor relations that have their origins in the appointment, and their characteristics remain outside the scope of my article, because it would need a much extensive study.

scholarly journals GRANICE UPRAWNIEŃ KIEROWNICZYCH PRACODAWCY W STOSUNKU PRACY

2016 ◽  
Vol 13 (2) ◽  
pp. 101
Author(s):  
Tomasz Duraj
Keyword(s):  
Labor Law ◽  
Employment Relationship ◽  
Work Process ◽  
Type Method ◽  
Employment Contract ◽  
Applicable Law ◽  
The Core ◽  
Organizational Functions ◽  
The Subject ◽  
Legal Forms

THE LIMITS OF THE MANAGEMENT AUTHORITY IN THE EMPLOYMENT RELATIONSHIPSummaryManagement authority, which is guaranteed for the employer under the employment relationship with respect to employees, is an essential (necessary) feature of the employment relationship, which very often determines the identity of this relationship, distinguishing it from other legal forms of employment, especially those of a civil nature. The employing entity’s management authority must first of all be identified with the employer’s powers to influence the employee’s actions within the scope of the performance of work (in the work process) and the employee’s corresponding obligations to the employing entity regarding the work he is to perform. Using these powers, the employer specifies the employee’s obligations for the performance of the job, in particular its type, method, the time and place in which it is to be done, as well as the order and organization of the work process. According to the literature on the subject, the employer’s main powers of management include prescriptive rights (the core of management authority), which allow him to specify the employee’s duties by issuing binding instructions to him; punitive (disciplinary) powers associated with the use of disciplinary penalties; regulatory (legislative) powers, primarily to establish the regulations and other acts determining working order (in particular work schedules, holiday timetables etc.); and distributive power (the allocation of prizes and awards). The object of this study is to characterize the limits to the employer’s management authority in the employment relationship. The author concentrates on the limits defined by applicable law, the employment contract, the clause of compliance with socio-economic purpose, and the rules of social coexistence, as well as custom. The analysis of the limits of the employer’s management authority shows the importance of this issue, both in theoretical and practical terms. The appropriate configuration of these limits may help to solve one of the fundamental problems of modern labor law, which is to harmonize its protective and organizational functions.

scholarly journals Adapting Labour Law to Complex Organisational Settings of the Enterprise: Why Rethinking the Concept of the Employer is Not Enough

2020 ◽  
Author(s):  
Giovanni Gaudio
Keyword(s):  
Legal Framework ◽  
Employment Relationship ◽  
Variable Geometry ◽  
Labour Law ◽  
Regulatory Domains ◽  
Vertical Disintegration ◽  
Regulatory Strategies ◽  
Analytical Response ◽  
The Subject ◽  
Unitary Concept

Abstract Labour law struggles to deal with the vertical disintegration of the enterprise, a phenomenon that questions the traditional bilateral and contractual analysis of the employment relationship and the unitary concept of the employer. Multiple employer patterns have been proposed by the Italian and English scholarship to try to sidestep the current impasse. However, these seem to be inconsistent with the existing legal framework and, in addition, it is debatable that they can be always instrumental in addressing the issues arising from the vertical disintegration of the enterprise. Nevertheless, an alternative and more nuanced analytical path can be followed. Labour law mostly takes the view that the employer is the contractual counterparty to the employee. Yet it also recognises that other entities can assume certain responsibilities of the employer in certain specific regulatory domains, where legislators recur to particular regulatory strategies often independent of a contractual analysis of the employment relationship. This article argues that the law takes this step not because these other legal entities are functionally akin to employers, but precisely in spite of the differences between them and the employer form. Rather than seeking to redefine the concept of employer, a better understanding of the subject must recognise that employment law consists of a kaleidoscopic blend of different regulatory domains, characterised by a range of different purposes, the achievement of which requires the adoption of different and even non-contractual normative tools. Adopting a variable geometry approach to frame the scope of labour laws would constitute a better analytical response to potentially restore the coherence and completeness of the scope of employment protective norms.

Re-conceptualizing Labor Law in an Era of Migration and Precarity

2016 ◽  
Vol 16 (3) ◽  
pp. 477-498 ◽  
Author(s):  
Anastasia Tataryn
Keyword(s):  
Migrant Workers ◽  
Labor Law ◽  
Employment Relationship ◽  
Labor Regulation ◽  
Precarious Work ◽  
Critical Attention ◽  
Formal Employment ◽  
The Subject ◽  
Irregular Migrant ◽  
The Relationship

The terms “economic” and “irregular” migrant support a particular construction of the subject of labor law, whereby the exclusion of some from a formal employment relationship renders them necessary precarious laborers. The experience of precarious work is not an experience limited to migrant workers. However, the relationship between labor regulation and the most precarious of workers is one that has been gaining critical attention. Building on existing studies of migration, precarity and labor, I question the boundaries and frame of labor law with regard to precarious workers through Jean-Luc Nancy’s confronted community. Re-thinking the legal citizen-subject of labor law is necessary before remedies to address the exploitation of workers in precarious situations can be successful.

scholarly journals PROBLEM PRACOWNICZEGO PODPORZĄDKOWANIA KADRY KIEROWNICZEJ NAJWYŻSZEGO SZCZEBLA W ORGANIZACJACH GOSPODARCZYCH – ARTYKUŁ DYSKUSYJNY

2017 ◽  
Vol 9 (2) ◽  
pp. 279
Author(s):  
Tomasz Duraj
Keyword(s):  
Civil Law ◽  
Labor Law ◽  
Senior Management ◽  
Employment Relationship ◽  
Employment Relations ◽  
Senior Managers ◽  
Management Hierarchy ◽  
The Subject ◽  
Atypical Employment ◽  
Relationship Of

The Problem of Employment Subordination of Senior Management in Economic OrganizationsSummaryThe subject of this study is to show the doubts and controversies that appear in the doctrine of labor law and judicial decisions in the interpretation of employment subordination of senior management in economic organizations.Taking into consideration the specificity of functions performed by senior management, the employment relationship of these employees is so much different from the typical standards that in the literature on the subject there has developed a view that there exists, in the case of the discussed category of senior managers, a not typical or even atypical employment relationship. This untypical nature is the reason why some institutions or requirements regulated in the labor law are not applicable to this group of managers, or lose their usefulness or even sense, as inadequate in view of the specific character of the managerial function. In relation to this issue, the most interesting appears the problem of interpretation of the employment subordination of senior management, taking into consideration the fact, that those employees, being on the top of the management hierarchy in a given organization, work in the condition of relative independence, being characterized by the absence of a superior and considerable freedom in the area of organizing own work in terms of time and place.The author of the article is critical of the multitude of the approaches to understanding the employment subordination of senior management. It must be remembered, that subordination is considered the most important (constitutive) feature of employment relationship, differentiating it from other employment relations (especially those of civil law character), and at the same time indicates the scope of use of employment relationship, also with regard to managers. This situation leads to blurring the differences, which are already vague, between labor law and civil law forms of employing managing personnel, creating a state of uncertainty about a lawful choice of one of the mentioned here in basis of employing senior managing personnel.

scholarly journals THU0647-HPR SHARED DECISION MAKING AMONGST RHEUMATOLOGISTS IN TRAINING IN THE NETHERLANDS: WHERE DO WE STAND?

2020 ◽  
Vol 79 (Suppl 1) ◽  
pp. 568.2-568
Author(s):  
L. Kranenburg ◽  
M. Dankbaar ◽  
N. Basoski ◽  
W. Van den Broek ◽  
J. Hazes
Keyword(s):  
Decision Making ◽  
The Netherlands ◽  
Shared Decision Making ◽  
Online Survey ◽  
Daily Practice ◽  
Clear Understanding ◽  
Shared Decision ◽  
Professional Activities ◽  
Self Evaluation ◽  
The Subject

Background:The training curriculum for rheumatologists in training in the Netherlands describes competences and entrusted professional activities (EPA) to monitor the progress in learning. However, this training program does not discuss training of Shared Decision Making. As the basis for shared care and patient participation is made during these years, the question arises how rheumatologist in training think about Shared Decision Making and how they use this in daily practice.Objectives:Inventory of vision, experience and self-evaluation of skills related to Shared Decision Making amongst rheumatologists in training in the Netherlands in order to identify barriers in the implementation of Shared Decision Making in daily practice.Methods:Qualitative data was collected from on online survey amongst rheumatologists in training who were registered in January 2018 by the Dutch Society of Rheumatology.Results:Forty-two rheumatologists in training from various years of training responded (60%). Respondents think that Shared Decision Making is important. A third applies Shared Decision Making on a regular basis in daily practice. Self rating of skills for Shared Decision Making varies from sufficient to good. However, respondents are uncertain about their performance due to a lack of feedback and unclearness of the concept. They indicate that Shared Decision Making is not possible for all patients and find it difficult to assess whether the patient has a clear understanding of the options. Patient’s preferences are discussed only by 33% of the doctors on a regular basis when starting new treatment.Conclusion:Rheumatologists in training agree on the importance of Shared Decision Making, but are uncertain about their performance. Unclearness of the concept is described as a known barrier in literature1,2and is frequently mentioned by respondents. Rheumatologist in training indicate that not all patients are fit for Shared Decision Making. Regarding the limited training on the subject this could also be a misjudgment of patients preferences and lack of experience how to deal with different patient types. There is a clear plea for more training and feedback on the subject. Training should be integrated in the curriculum focusing on how to assess patients preferences and how to apply Shared Decision Making also for patients who indicate to leave decisions up to their doctor.References:[1]van Veenendaal, H.et al.Accelerating implementation of shared decision-making in the Netherlands: An exploratory investigation.Patient Educ Couns101, 2097-2104 (2018).[2]Legare, F., Ratte, S., Gravel, K. & Graham, I. D. Barriers and facilitators to implementing shared decision-making in clinical practice: update of a systematic review of health professionals’ perceptions.Patient Educ Couns73, 526-535 (2008).Disclosure of Interests:Laura Kranenburg Grant/research support from: Pfizer and UCB for the development of the Reuma App, a tool to support selfmanagement for patients. This is not used for the research related to the submitted abstract., Mary Dankbaar: None declared, Natalja Basoski: None declared, Walter Van den Broek: None declared, Johanna Hazes: None declared

TYPES OF OVERWORK AND JOBS THAT CANNOT BE OVERWORKED WITHIN THE FRAMEWORK OF THE LABOR LAW NO. 4857

2021 ◽  
Vol 6 (14) ◽  
pp. 67-81
Author(s):  
Altuğ YENGİNAR
Keyword(s):  
Labor Law ◽  
Working Hours ◽  
Human Right ◽  
International Human Rights ◽  
Right To Work ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Almost All ◽  
Republic Of Turkey

The right to work has been recognized as a fundamental human right in almost all international human rights documents and in the constitutions of many countries. This right has been recognized and guaranteed as a fundamental human right also in the Constitution of the Republic of Turkey. However, not only recognizing and guaranteeing "work" as a fundamental human right but also regulating its implementation and functioning within the framework of laws is of great importance. The concept of overwork is a concept that has been mentioned in the Labor Law regarding the implementation and functioning of the concept of work and it is regulated in our Labor Law No. 4857. In order to talk about overwork, a limited working time is required. In this context, upon determining the maximum number of hours a worker can work per week by drawing a limit on working hours in Labor Law No. 4857, overwork, which is the subject of work exceeding this period, is defined. Furthermore, the types of overwork that arise depending on the reasons for overworking, as well as the jobs that cannot be overworked, are regulated in the same Law.

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