scholarly journals POWOŁANIE JAKO PODSTAWA NAWIĄZANIA STOSUNKU PRACY DYREKTORA PRZEDSIĘBIORSTWA PAŃSTWOWEGO

2016 ◽  
Vol 10 (2) ◽  
pp. 199
Author(s):  
Tomasz Duraj
Keyword(s):  
Legal Status ◽  
Employment Relationship ◽  
State Enterprise ◽  
Specific Situation ◽  
Employment Relation ◽  
Employment Contracts ◽  
Legal Relation ◽  
The Right ◽  
Relationship Of ◽  
State Enterprises

Appointment as the Basis for Establishing Employment Relationship of a Director of a State EnterpriseSummary The subject of this study is a detailed characteristics of the act of appointment as the basis for employment relationship of a director of a state enterprise. The director is the most important managing and executive body of a state enterprise, and the legal status of a director is regulated by the State Enterprises Act of 25 September 1981 .In relation to a director of a state enterprise there is a special situation, within which there is a legal obligation to utilize the employment relationship by appointment as the basis for employment. It is the only admissible legal relation, on the basis of which a director can work for a state enterprise. The employee status of a director of a state enterprise is primarily regulated by the labor code regulations regarding appointment (articles 68-72 of the labor code), while, according to article 69 of the labor code, to this employment relation – with some exceptions –the regulations regarding employment contracts for an unspecified time are also applicable. In this article the author analyses the issue of establishing and terminating the employment relation with a director of a state enterprise. Particular attention ought to be paid to the specific situation of a director of a state enterprise with regard to the stabilization of his or her employment. It is significantly more advantageous as compared to the situation of other employees employed by appointment. According to the regulations in force, there are no reservations to the principle of removing persons from the posts filled within the institution of appointment in any time and without the necessity to indicate any causes. However, this principle is limited with relation to a director of a state enterprise, due to the specific procedures of dismissal of this category of employees statutory by the act of state enterprises as well as additional rights to which a dismissed director is entitled, especially the right for a dismissal allowance.

ECONOMIC AND LEGAL STATUS OF THE CONSULTING ENGINEER IN UKRAINE: REGULATORY PROBLEMS

2017 ◽  
Author(s):  
Alla Brovdii ◽  
Keyword(s):  
Economic Activity ◽  
Legal Status ◽  
Road Construction ◽  
Legal Aspects ◽  
Legal Form ◽  
Employment Contracts ◽  
Economic Relations ◽  
Definition Of ◽  
The Right

Some aspects of the economic and legal status of a consulting engineer are analyzed, taking into account the specifics of national legislation. Some problems of the legal status of the consulting engineer and the forms of his economic activity are revealed. The introduction of such an entity as a consulting engineer in the modern conditions of construction development is of particular importance due to the need to improve the quality of construction work, the development of competition in this area and the need to change approaches to economic activity in this area. It is established that the concept of consulting engineer is defined in some special regulations, in particular, regulating activities in the field of road construction, but the economic and legal aspects of his business remain unresolved. This significantly affects the effectiveness of the introduction of the institute of consulting engineers in the field of management. The problem of lack of clear definition of the form of conducting economic activity by the specified participant of economic relations is revealed. The necessity of adopting a special normative legal act, namely the Law of Ukraine "On the activities of consulting engineers", in which to regulate general issues of their legal status, features of the organization of its activities, responsibilities, etc is proved. The author's definition of the concept of consulting engineer is proposed, taking into account the need to establish the organizational and legal form of his business, which will ensure proper regulation of relations between him and other participants in construction relations, including contractors and customers. The solution of some problems of the economic and legal status of the consulting engineer under the legislation of Ukraine is offered. The expediency of conducting the activity of a consulting engineer as a self-employed person, or carrying out its activity by creating a legal entity (association of consulting engineers) is substantiated. In addition, in our opinion, an entity that carries out engineering activities and has concluded employment contracts with duly accredited consulting engineers has the right to provide the services of a consulting engineer.

EXTENSION OF LABOR LAW PROTECTION STANDARDS IN THE ASPECT OF FIXED-TERM CONTRACTS OF ACADEMIC TEACHERS. COMMENTS DE LEGE LATA AND DE LEGE FERENDA

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 387-400
Author(s):  
Łucja Kobroń-Gąsiorowska
Keyword(s):  
Labor Law ◽  
Employment Relationship ◽  
Extensive Literature ◽  
Employment Contracts ◽  
Protective Function ◽  
Partial Exclusion ◽  
Academic Teachers ◽  
Relationship Of ◽  
Academic Teacher ◽  
Scope Of Protection

This paper attempts to determine the scope of protection of academic teachers in the context of repeated concluding fixed-term contracts and the partial exclusion by the Act on higher education of the application of Art. 25(1) of the KP to employment contracts of this group of employees. The author does not intend to duplicate the extensive literature in this area presented by labor law doctrine. In this publication, the author defends the thesis that the employment relationship of an academic teacher should be subject to a broader impact of the protective provisions of the Labor Code, including the protective function of labor law, in a situation where there are no normative obstacles to extending such impact.

scholarly journals Casual Employment Contracts and Their Status in the Current Climate. Summary of a Workshop.

1970 ◽  
Author(s):  
Judith Ferguson
Keyword(s):  
Employment Relationship ◽  
Employment Contracts ◽  
Grievance Procedures ◽  
Current Climate ◽  
Legal Implications ◽  
The Status ◽  
The Right

Judith Ferguson led a workshop on casual employment, focussing on the legal implications surrounding the status of a casual worker. The workshop was concerned with legal access to personal grievance procedures and, by implication, the right to fair and reasonable treatment from an employer, particularly at the end of the employment relationship.

scholarly journals Economic essence of state enterprises, their types and classification

2020 ◽  
Vol 2020 (10) ◽  
pp. 95-111
Author(s):  
Iryna PARASIY-VERGUNENKO ◽  
◽  
Yulia SAMBORSKA-MUZYCHKO ◽  
Larysa GNYLYTSKA ◽  
◽  
...  
Keyword(s):  
State Ownership ◽  
The State ◽  
International Standards ◽  
State Enterprise ◽  
Legal Form ◽  
Economic Point ◽  
Normative Documents ◽  
The Right ◽  
State Enterprises

In the article proves the prominent role of state enterprises as an important tool of nation’s socio-economic development. The definition "state enterprise" are investigated in the economic point. The types of state enterprises are analyses on the basis of various normative documents and classifiers and according to international standards. Peculiarities of activity of unitary and corporate state enterprises, state-owned enterprises, communal enterprises are considered. The classification of types of state enterprises has been improved through the separation of various classification indicators, with their systematization, in particular: types of state property (state, state-owned, communal); institutional indicators (state non-financial corporations, state financial corporations); goals of enterprise formation (state enterprises with commercial goals of formation; state enterprises with non-commercial goals of formation; state enterprises with mixed goals); ownership structure and number of owners (unitary, corporate); the size of the share of state ownership (enterprises that are fully owned by the state, enterprises where the state owns a significant share of shares - more than 50%, where the state has the right to make decisions); legal form of the enterprise (open joint-stock companies, closed joint-stock companies, corporations, holdings, concerns, etc.). Proposed classification of types of state-owned enterprises creates a methodological basis for the implementation of mechanisms for operational control over the efficiency of state property. The dynamics of the number of state-owned enterprises in Ukraine is analyzed and the main tendencies are determined. The peculiarities of the activity of state enterprises in the context of state functions performed by them are determined. The criteria for assessing the effectiveness of state-owned enterprises in two areas: economic and social. The tasks of state enterprises depending on the purposes of their creation and spheres of functioning are substantiated as well.

scholarly journals To the question of the peculiarities of the protection of family rights of persons who are married or other family unions in the practice of the european court of human rights

2021 ◽  
pp. 119-123
Author(s):  
R. Havrik
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Legal Status ◽  
Family Relationship ◽  
Case Law ◽  
Scientific Article ◽  
Same Sex ◽  
European Court ◽  
The Right ◽  
Relationship Of

In the scientific article the author conducted a scientific study of the protection of family rights of persons who are married or other family unions in the case law of the European Court of Human Rights, in particular such family unions as de facto marriage, separation, civil partnership, we come to the following conclusions. This legal status is recognized by the European Court of Human Rights as conferring the right to protection against interference with family life, ie it is a family, similar to how a family arises as a result of a registered marriage. In this case, according to the court, the concept of "family" includes the actual family relationship, when the parties live together outside of marriage. A child born as a result of such a relationship is a member of the family from birth and due to the fact of birth. There is a connection between a child and his or her parents that is equivalent to family life, even if at the time of his or her birth the parents no longer lived together or their relationship has ended. Cohabitation is usually a prerequisite for family life, but in exceptional cases, other factors may indicate that specific relationships are stable enough to be considered as actual family ties. Another type of family union - marriage during the period of separate residence of the spouses, in the case law of the European Court of Human Rights is somewhat weak and usually concerns the possibility to use the procedure of separation, but the court recognizes that the spouses have an inalienable right to initiating such a procedure. Until 2010, the European Court of Human Rights generally showed a rather restrained attitude towards this type of relationship as same-sex, not recognizing them as family, but after 2010, given the rapid liberalization of the prevailing public morality regarding same-sex relations in Europe, the European Court on human rights could not deny that the relationship of such couples is essentially "family life".

The Constitutional Right to Healthcare and Medical Care for Students in Schools: Chosen Aspects

2019 ◽  
Vol 9 (4) ◽  
pp. 53-57
Author(s):  
Lyaysan Renatovna Mustafina ◽  
Gulnara Mullanurovna Khamitova
Keyword(s):  
Medical Care ◽  
Russian Federation ◽  
Legal Status ◽  
Developed Countries ◽  
Medical Assistance ◽  
Legal Relationship ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right ◽  
Relationship Of

Abstract The problem of legislative entrancement and protection of students' rights in the sphere of healthcare is one of the most pressing. “Health is a state of complete physical, mental and social wellbeing; it is not a mere absence of ailments or physical defects”. The Russian Federation students often face declarative attitude in medical practice, he is often ignored, despite having rights (property or personal) and freedoms of accessing medical assistance. In order to introduce quality changes to the system of students' rights protection in Russia, this problem requires a complex solution. The right to healthcare and medical assistance is entrenched in the domestic legislation, foremost in the Russian Federation Constitution. The right to free medical care in compliance with the program of the state-guaranteed free medical assistance, as well as paid medical service and other services, is entrenched in Article 41. Along with it no less relevant and almost undeveloped is a problem of defining the legal status of the students. How do we define and protect the rights and freedoms of them as a part of the Russian Federation entrenched in the Russian Federation Constitution accurately? In developed countries approaches to forming a legal relationship of the medical organizations with the student's need for medical care changed significantly in the past years. Many world countries, starting from the XX 90th, carry out purposeful introducing the general principles of the students' rights, as well as other people's legal status entrenchment into their legislation, pay considerable attention to these rights’ implementation mechanisms. Thus, the problem of students' legal status, which complexity is predetermined by the law specifics, is one of the most difficultly resolved theoretical and practical issues in the sphere of medical-legal relationship. The present article is devoted to the analysis of specific aspects of this problem, authors offer a new approached to its resolution.

The Inviolability of Diplomatic Agents in the Context of Employment

2017 ◽  
Author(s):  
Lisa Rodgers
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
Employment Contracts ◽  
Domestic Servants ◽  
Recent Developments ◽  
Diplomatic Immunity ◽  
The Right ◽  
The Way

‘Ordinary’ employment contracts—including those of domestic servants—have been deemed to attract diplomatic immunity because they fall within the scope of diplomatic functions. This chapter highlights the potential for conflict between these forms of immunity and the rights of the employees, and reflects on cases in which personal servants of diplomatic agents have challenged both the existence of immunity and the scope of its application. The chapter examines claims that the exercise of diplomatic immunity might violate the right to a fair trial under Article 6 of the European Convention on Human Rights and the way in which courts have dealt with these issues. The chapter analyses diplomats’ own employment claims and notes that they are usually blocked by the assertion of immunity, but also reflects on more recent developments in which claims had been considered which were incidental to diplomatic employment (eg Nigeria v Ogbonna [2012]).

Explaining the Epigraphic Habit in the Roman Empire: The Evidence of Epitaphs

1990 ◽  
Vol 80 ◽  
pp. 74-96 ◽  
Author(s):  
Elizabeth A. Meyer
Keyword(s):  
Roman Empire ◽  
North Africa ◽  
Legal Status ◽  
The Third ◽  
The Right ◽  
Political Economic ◽  
Over Time

It is now notorious that the production of inscriptions in the Roman Empire was not constant over time, but rose over the first and second centuries A.D. and fell in the third. Ramsay MacMullen pointed this out more than five years ago, with conclusions more cautionary than explanatory: ‘history is not being written in the right way’, he said, for historians have deduced Rome's decline from evidence that–since it appears only epigraphically–has merely disappeared for its own reasons, or have sought general explanations of decline in theories political, economic, or even demographic in nature, none of which can, in turn, explain the disappearance of epigraphy itself. Why this epigraphic habit rose and fell MacMullen left open to question, although he did postulate control by a ‘sense of audience’. The purpose of this paper is to propose that this ‘sense of audience’ was not generalized or generic, but depended on a belief in the value of romanization, of which (as noted but not explained by MacMullen's article) the epigraphic habit is also a rough indicator. Epitaphs constitute the bulk of all provincial inscriptions and in form and number are (generally speaking) the consequence of a provincial imitation of characteristically Roman practices, an imitation that depended on the belief that Roman legal status and style were important, and that may indeed have ultimately depended, at least in North Africa, on the acquisition or prior possession of that status. Such status-based motivations for erecting an epitaph help to explain not only the chronological distribution of epitaphs but also the differences in the type and distribution of epitaphs in the western and eastern halves of the empire. They will be used here moreover to suggest an explanation for the epigraphic habit as a whole.

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