Comparative Study on Romanian and Hungarian Labour Law with Special Regard to Working Time

2011 ◽  
Author(s):  
Andras Szalay
Author(s):  
Matthew W. Finkin

This article proceeds in four stages. First, it takes up the emergence of labour law and its comparative offspring as a discipline. Second, it provides a crude taxonomy of comparative labour law scholarship. Third, it treats the role comparativism has played in the development of national labour policy from the nineteenth century to the present. Fourth, and to come full circle, it situates the comparative study with respect to the contemporary quandary of labour law as a discipline. Comparative labour law was born fast upon the construction of labour law as a subject of instruction and academic study. Even from the beginning, however, it was far from clear what labour law was. Today, that question has recrudesced: labour law is a discipline in search of an identity and, to some, a future. Consequently, attention rightly turns first to the root of which comparative study is a branch.


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.


Author(s):  
Albrecht Cordes

AbstractConflicts of interests in maritime law in the 13th century: A comparison. Almost simultaneously, at the end of the 13th century, maritime laws were written down all around Europe. This coincidence invites to a synchronic comparative study. The paper compares three different matters on varying abstraction levels: jettison, mariner’s labour law, and situations of common decision building before and during the voyage. The outcome, as in any comparison, are differences and similarities – differences in the degree of the lord’s (king’s, duke’s) influence, but also, e.g., due to the presence of a ship notary on Mediterranean ships. More importantly, the maritime laws less influenced from above abound with casuistic details, apparently products of negotiation processes between the involved parties, including seamen who appear as an influential and self-confident group. Despite the climatic differences between Norway and the Mediterranean, the challenges posed by the characteristics of seafaring in general resemble one another a lot. The solutions however differ greatly and bristle with creative variety. The maritime law of the 13th century looks a lot like a giant experimental lab. Tendencies towards a stronger unification and implementation of certain solutions only belong to the following century.


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