scholarly journals Skutki ideologizacji preambuły kodeksu pracy

2021 ◽  
Vol 43 (4) ◽  
pp. 107-116
Author(s):  
Piotr Kapusta
Keyword(s):  
Education System ◽  
Legal Regulation ◽  
Labour Law ◽  
Labour Relations ◽  
The Media ◽  
The Law

The post-totalitarian authoritarianism of the Polish People’s Republic of 1956–1989 was based on, among others, indoctrination. It was carried out not only through the media and the education system. The law also served this purpose. The adoption of the Labour Code provided the basis for using the educational function of the preamble to shape and consolidate politically desirable patterns of behaviour in socialist labour relations. The content of the Preamble to the Labour Code not only reflected the goals set by the legislator of the adopted legal regulation, but, being saturated with ideological issues, it set the directions for adopting and applying labour law provisions and defined the desired behaviour patterns. Due to the content of individual editorial units, the Preamble to the Labour Code was not only of legal importance, but also some parts of it were normative.

scholarly journals Právní aspekty pracovně psychologické diagnostiky

TESTFÓRUM ◽  
2018 ◽  
Vol 6 (10) ◽  
pp. 23-31
Author(s):  
Matěj Stříteský
Keyword(s):  
Psychological Testing ◽  
Legal Regulation ◽  
Labour Law ◽  
Labour Relations ◽  
The Law ◽  
The Right

Předkládaný článek se zamýšlí nad tím, zda existuje právní úprava, která reguluje používání psychologické diagnostiky v pracovněprávních vztazích. Článek dochází k závěru, že právní úprava pracovně psychologické diagnostiky existuje, protože se jedná o formu zjišťování informací o zaměstnancích nebo uchazečů o zaměstnání. Článek řeší např. otázku, jaké testy může pracovní psycholog používat, zda musí poskytnout výsledky testů testovanému, či zda existují sankce za porušení vyvozených pravidel. Na základě analýzy právní úpravy autor vyvozuje pravidla, pro používání psychologické diagnostiky v pracovně právních vztazích. Své závěry se autor snaží ověřovat dotazy na správní orgány, které vykonávají dohled nad dodržováním relevantní právní úpravy.The paper considers whether the Czech law includes any legal regulation of psychological testing in labour relations. The author argues that psychological testing in labour relations is indeed regulated by the law because psychological testing represents a type of obtaining information about an employee or a future employee. The paper proposes arguments why some tests should not be used for psychological testing in labour relations, why test takers have the right to access the results of testing. The paper also considers if there are any penalizations for not following the regulations. Based on the analysis of legal regulation the author proposes several rules for the use of psychological testing in labour relations. For the validation of his findings the author contacted legal authorities that enforce labour law.

The Labour Courts and Their Place in the Legal and Labour Relations Systems of Israel

1974 ◽  
Vol 9 (4) ◽  
pp. 558-567 ◽  
Author(s):  
Zvi H. Bar-Niv
Keyword(s):  
Political System ◽  
International Congress ◽  
Labour Law ◽  
Labour Relations ◽  
Legal Development ◽  
Integral Component ◽  
The Law ◽  
Basic Features ◽  
New System

One of the events marking the legal development of this country which has taken place since the first International Congress of Jewish Lawyers and Jurists, is the coming into being of a new system of Courts—the Labour Courts. Israel thus joined the ever increasing number of states having a special judiciary to adjudicate in matters of labour.The Law establishing the Labour Courts came into operation on September 1, 1969, exactly four years ago. This period is too short for a sound evaluation and because of my position, I am to some extent, disqualified from evaluating results and achievements, even in as far as already warranted by experience.Being fully aware of these limitations, in this address I will try to present this new component of the Judiciary of Israel, and to outline the place of the Labour Courts in the Legal and Labour Relations Systems of Israel.Before dealing with the Labour Courts, their composition and jurisdiction, it would, I believe be proper to make some remarks on the labour relations system of Israel, and to comment on some basic features of our labour law. This has to be done, since the Labour Courts, although institutionally and constitutionally part of the Judiciary, are an integral component of the labour relations system, just as the Judiciary as a whole is an integral component of the socio-economic and political system of any state.

scholarly journals Terminuotų darbo sutarčių teisinio reguliavimo ypatumai pagal Lietuvos teisę

Teisė ◽  
2008 ◽  
Vol 69 ◽  
pp. 132-137
Author(s):  
Beata Bubilaitytė
Keyword(s):  
Supreme Court ◽  
Legal Regulation ◽  
Labour Law ◽  
Legal Doctrine ◽  
Employment Contracts ◽  
Employment Contract ◽  
Employment Agreement ◽  
The Will ◽  
The Law

The purpose of this paper is to explore and to ana­lyse peculiarities of Lithuanian legal regulation of fixed-term employment agreement. Peculiarities are divided into four groups: peculiarities of concept of fixed-term employment agreement, peculiarities of conclusion, performance and expiry of fixed-term employment agreement. Specific essential conditions for conclusion of a fixed-term employment contract are: the term of an employment contract (if the parties to the contract have used both methods to define the term, one of them must be chosen as a prevailing one) and the circumstance that legal acts must allow to conclude it at all. The performance of a fixed-term employment contract according to Lithuanian labour law is not that specific compared to the performance of other employment contracts. Peculiarities of the expiry of fixed-term employment contract are: firstly, only the will to terminate fixed-term employment contract does end the employment contract at all. Otherwise, the expiry of the term of an employment contract will end only the fixed-term employment contract but not the employment contract itself. Secondly, the law does not make it clear, whether restrictions on the termination of an employment contract must be applicable to fixed-term employment agreements. Lithuanian legal doctrine does believe that they should, but Lithuanian Supreme Court says that they should not.

scholarly journals Current Challenges of the Labour Law of Ukraine: On the Way to European Integration

2018 ◽  
Vol 27 ◽  
pp. 88-93
Author(s):  
Yana Simutina
Keyword(s):  
European Integration ◽  
Rapid Development ◽  
Radical Change ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Labour Law ◽  
Labour Relations ◽  
Labour Legislation ◽  
Atypical Employment ◽  
Definition Of

The article describes the main challenges facing labour law and its practice in modern conditions. In particular, the author concludes that the long and complex process of codifying the labour laws of Ukraine has, regrettably, not yet achieved its main objective – namely, to bring radical change from the old model of socialist labour. The draft Labor Code submitted for consideration would, in reality, introduces some cosmetic changes, which lack the ability to modernise Ukrainian labour law. It is emphasised that in the context of Ukraine’s European integration and the rapid development of innovative information technology, labour legislation should take into account and, in fact, legalise long-standing practices in atypical employment relationships, so as to ensure labour rights and guarantees for persons involved in such activities. The author presents various elements as necessary: revision to the legislative definition of an employment contract, further differentiation and clarification in the legal regulation of labour relations, and rejection of these relations’ ‘excessive regulation’. Also proposed is an approach that renders labour relations more flexible while maintaining and ensuring the fundamental rights of employees.

Lying and the Law

2018 ◽  
pp. 482-494
Author(s):  
Stuart P. Green
Keyword(s):  
Social Context ◽  
Legal Regulation ◽  
Government Officials ◽  
Political Candidates ◽  
Chilling Effect ◽  
Criminal Sanctions ◽  
The Social ◽  
The Media ◽  
The Law

This chapter considers the various ways in which the law regulates lies and other forms of deception. In the case of offenses such as perjury, fraud, and rape by deception, it takes a hard line, subjecting offenders to serious criminal sanctions. With respect to deception used by the police (during interrogations) and lawyers (in litigation), the law is more tolerant. And lies told by the media and by political candidates are sometimes regarded as constitutionally protected and therefore beyond the scope of permissible legal regulation entirely. The main point is that the law’s treatment of deception varies significantly depending on the role of the person deceiving (e.g., private individuals versus government officials), the social context in which the deception occurs (e.g., courtrooms, the marketplace, police stations, and sexual encounters), the harms the deception is believed to cause, and the chilling effect its regulation might entail.

Legal regulation challenges of «labour leasing»

10.12737/5580 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 87-92
Author(s):  
Марина Кроз ◽  
Marina Kroz
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Critical Assessment ◽  
Entrepreneurial Activity ◽  
Federal Law ◽  
Labour Law ◽  
Labour Relations ◽  
The Russian Federation ◽  
Legal Forms ◽  
Peremptory Norms

The article discusses the current regulatory matters of «Labour Leasing». According to the Federal Law these relations are qualified as labour relations with the legal forms of mediation. The article describes the main provisions of a legislative act. The author gives a critical assessment of the Act and identification provisions used of the contract model and temporary transfer design. The article concludes about non-compliance with the principles of the Act and contractual freedom and general provisions of the Labour Law of the Russian Federation. In addition, the author uses peremptory norms of the Act with determining the form, transfer personnel treaty. It expands attracting subjects of entrepreneurial activity to administrative responsibility.

The future of labour law in Europe

2017 ◽  
Vol 8 (4) ◽  
pp. 344-356 ◽  
Author(s):  
Manfred Weiss
Keyword(s):  
Labour Law ◽  
Labour Relations ◽  
Lecture Series ◽  
Law Faculty ◽  
The World ◽  
Disciplinary Perspective ◽  
The Future ◽  
The Law ◽  
International Comparative ◽  
The University

This contribution contains the text of the first Roger Blanpain Lecture held at the Law Faculty of the University of Leuven on 8 May 2017. The Roger Blanpain Lecture Series aims to bring a renowned expert in the field of labour law and labour relations to the Law Faculty of the KU Leuven once per year. The idea is to stay close to the academic approach of professor Blanpain and the Institute for Labour Law, which implies the study of labour law from an international, comparative and cross-disciplinary perspective. The lecture aims to offer a ‘window to the world’ to our students and the Institute’s academic and professional partners as well as the wider public.

scholarly journals The reception of the economic torts into New Zealand labour law: a preliminary discussion

1970 ◽  
Vol 12 (2) ◽  
Author(s):  
Gordon Anderson
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Basic Question ◽  
Labour Law ◽  
Labour Relations ◽  
Preliminary Discussion ◽  
The Common ◽  
The Law ◽  
The Impact

This discussion raises a nu1nber ojissues related to the introduction of the economic torts into New Zealand labour law during the 1970s. These include the question of whether such major innovations accorded with the principles normally accepted by comparative lawvers when considering legal transplants. and the basic question of whether the common law as developed in Britain is, in this case, suitable for New Zealand circumstances. The impact of the law in New Zealand is then outlined and the changes introduced hy the Labour Relations Act are briefly considered.

scholarly journals International legal regulation of non-standard forms of employment

2020 ◽  
pp. 522-532
Author(s):  
Savchuk Sergiy
Keyword(s):  
Legal Regulation ◽  
Temporary Employment ◽  
The European Union ◽  
Labour Law ◽  
Member States ◽  
Association Agreement ◽  
Labour Relations ◽  
Eu Member States ◽  
Eu Directives ◽  
International Instruments

The article is devoted to the research of international experiences in the area of regulation of non-standard forms of employment. Currently, the issues relating to labour rights are regulated by an entire system of international instruments, including the Charter of the United Nations (1945), the Universal Declaration of Human Rights (1948), the International Covenant on Economic, Social and Cultural Rights (1966), as well as Conventions and Recommendations of International Labour Organization. In addition, according to the Article 424 of Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (2014), our country shall ensure gradual approximation to the EU law, standards and practices in the area of employment, social policy and equal opportunities. The article provides an analysis of ILO Conventions and Recommendations as well as EU Directives on issues of temporary employment, part-time work, on-call work, outstaffing and other multiparty labour relations; disguised labour relations and dependent self-employment. It pays special attention to reflect subcontractual relations in the provisions of international labour law. It is concluded that even though subcontractual relations cannot be directly covered by labour law, some ILO Conventions and EU Directives reflect them in their provisions. It draws conclusion that despite the fact that non-standard forms of employment emerged almost along with standard labour relations, the regulation of the former at the level of international instruments appeared only in the second half of the XXth - beginning of the XXIst centuries. At present, non-standard forms of employment are covered by international instruments only partially. At the same time, such coverage is not comprehensive nor focused specifically on non-standard employment. The provisions of the ILO and EU instruments are characterized by a harmonious co-relation regarding the regulation of non-standard forms of employment. This is due to the fact that many EU member states have ratified ILO Conventions addressing non-standard forms of employment.

The Boycott of the Law and the Law of the Boycott: Law, Labour, and Politics in British Columbia

1996 ◽  
Vol 21 (02) ◽  
pp. 313-351 ◽  
Author(s):  
Jonathan Goldberg-Hiller
Keyword(s):  
British Columbia ◽  
Trade Union ◽  
Important Case ◽  
Legal Rights ◽  
Labour Law ◽  
Labour Relations ◽  
Deliberative Politics ◽  
The Law ◽  
Subsequent Modification

This article uses a critical theoryllegal mobilization perspective to study the 1987–92 trade union boycott of the British Columbia labour law. The problems encountered establishing a total boycott–one that would eschew all contact with the state–and the subsequent modification of the parameters of the boycott through a selective reliance on the law offer an important case from which to learn more about the role of law and legal rights in highly regulated organizations and how collectives mobilize the law. The author argues that legal rights are important to unions because of their ability to mediate the complexity of labour relations through a decentralization of authority. At the same time, mobilization of the law for this purpose accentuates localized identities and unequal resources that operate in tension with a boycott ethos, necessitating a deliberative politics to legitimize the law. By exploring the tension between these two forms of mobilization around law–one to reduce complexity, another to legitimize broad collective norms–the author analyzes and draws some conclusions about the reproduction of social unionism in British Columbia.

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