scholarly journals Working Time and Family Responsibilities in Spanish Labour Law: an Overview on the Current Situation

Author(s):  
Mª del Carmen Pardo García
2021 ◽  
Vol 12 (2) ◽  
pp. 109-120
Author(s):  
Denisa Nevická ◽  
Juraj Hamuľák ◽  
Mikuláš Krippel

Abstract The article deals with the position of the child’s father in labour relations. The comparative analysis of legislation in the Czech Republic and Slovakia is based not only on labour law, but also on social security law and anti-discrimination law. The authors aim to point out the difference in treatment and answer the fundamental research question – In which country is it easier for a man to reconcile work and family responsibilities?


2021 ◽  
Vol specjalny (XXI) ◽  
pp. 147-157
Author(s):  
Jerzy Wratny

The notion and the classification of the flexible forms of employment including working time solutions and work carried out under civil law contracts have been presented in the study. The premises of the growing flexibility of employment in technological, economic and social aspects have been discussed as well. According to the opinion of the author flexibility of employment is an ambiguous fenomenon having at the same time chances and threats both. Although the role of the state and legal system is to protect workers from negative results of some solutions.


2021 ◽  
Vol specjalny (XXI) ◽  
pp. 159-178
Author(s):  
Janusz Żołyński

Praxeological dimension of working time is undoubtedly influenced by current sociopolitical system invoking the axiology being commonly recognized values. This means that in enacting public and legal regulations the state may not isolate the employees facing exceptional hardship or even unforeseeable situations assuming the form of peculiar force majeure. Thus, both employees’ wellbeing and the welfare in general are vital. For that reason the labour law should praxeologically be a way to control real situations and the needs of working people and the society. The labour law should also praxeologically create a system of institutions reconciling social emotions in order to protect social peace which constitutes common welfare.


Author(s):  
Guy Davidov

The goal of this chapter is to assess to what extent the Capability Approach (CA) can be useful for labour law theory. It begins by asking, what is the purpose of looking for a purpose for labour law? The chapter distinguishes between legal purposes (such as purposive interpretation) and non-legal purposes (for example, defending the law against economic and libertarian critiques). It argues that, for legal purposes, there must be a ‘fit’ between the proposed normative theory and existing laws. It then distinguishes between three different strands in the literature regarding what do we want people to be capable of: whatever they want (‘substantive freedom’); specific capabilities (justified by another theory); or effective ability to enjoy labour laws (that require separate justifications). The chapter argues that the first two strands can be used to justify some specific laws—notably, workplace equality, health and safety, and working time law—but certainly not the entire field. The third strand can be used as a ‘supplementary device’ to justify specific means that will make the laws effective—but does not provide the primary justification for the laws themselves.


2020 ◽  
pp. 57-62
Author(s):  
A. A. Voronina

The article considers changes in the organization of the educational process in universities in Russia in connection with the pandemic, an attempt was made to analyze changes in the performance by university teachers of labor functions in the conditions of the transition of universities to distance learning. Peculiarities of working time regime, requirements for teachers in changed conditions, as well as a number of problematic aspects related to work in information and educational environment are considered.


2021 ◽  
Vol 10 (1) ◽  
pp. 145-155
Author(s):  
Magdolna Vallasek

The effects of the coronavirus pandemic did not leave the world of work untouched. In the new circumstances, challenges and tasks that had previously been widely debated came to the fore. Among these, we can list the issues of working time and rest time, and consequently the work–life balance or sometimes imbalance of the employees. As a result of the pandemic, some processes that have been observed in labour law for a long time have been accelerated. In our opinion, the particularity of the current situation is based on the considerable size of digitalization, the use of new technologies in work, and the widespread use of atypical labour relations, which had a major impact on the solutions that were chosen to countervail the effects of the pandemic.


2020 ◽  
Vol 27 (4) ◽  
pp. 305-322
Author(s):  
Magdalena Rycak

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.


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