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.

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 Concealment of information as a form of abuse of post by an employee

2020 ◽  
pp. 50-56
Author(s):  
Alena Viktorovna Ostapenko
Keyword(s):  
Labor Law ◽  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Labor Rights ◽  
Employment Contract ◽  
Hiring Process ◽  
Labor Agreement ◽  
Legal Perspective ◽  
The Status ◽  
The Subject

The subject of this research is such legal phenomenon as the abuse of post by an employee in form concealment of information. The author analyzes the labor law, determines the gaps in legal regulation of the questions of abuse of position by employees. The article examines most common instances of abuse of post by employees in form of concealment of legally important facts from the employer, as well as carries out their classification by cases of concealment of information in the hiring process, in course of exercising their labor rights, and in termination of employment contract. The author underlines the inequality of the status of employer and employee with regards to protection by against the abuse of the opposite party of labor agreement. It is established that the range of the methods of protection of interests of the employer is limited, while an employee is in a much better position from the legal perspective. The scientific novelty consists in comprehensive analysis of legislative gaps in the area of regulation of misconduct of employees in the form of concealment of information. The author offers the mechanism for preventing the abuse of post by employees in the form of concealment of information, which is based on inclusion into local regulatory acts of the norms aimed at protection of rights and interests of the employer.

scholarly journals Termination of Employment Problems in Indonesia

2021 ◽  
Vol 58 (2) ◽  
pp. 6483-6488
Author(s):  
Mukhidin, Achmad Irwan Hamzani, Moh. Taufik, Kanti Rahayu, Nuridin
Keyword(s):  
Labor Law ◽  
Secondary Data ◽  
Complex Problem ◽  
Employment Relationship ◽  
Constitutional Court ◽  
Employment Opportunities ◽  
Applicable Law ◽  
Normative Approach ◽  
The Impact

Termination of employment is a complex problem. The impact on unemployment, criminality, and employment opportunities. It takes a harmonious relationship between employers and workers because it has the same interests. The purpose of this study is to describe the termination of employment to workers that should be done by the Company and review the implementation of the Labor Law after the Decision of the Constitutional Court related to Termination of Employment This research uses secondary data, with a normative approach, namely reviewing the issue of termination of employment based on applicable law in Indonesia. The results of this study show that the implementation of termination of employment in Indonesia must be under the Labor Law. Termination of employment is carried out in several processes, namely holding deliberations between workers and the company. If it is deadlocked then the last resort is through the courts. Troubled workers commit serious violations, immediately handed over to the police without asking permission from the authorities. Workers who will retire can be filed under the regulations. Similarly, workers who resign are regulated under company regulations and legislation. Based on the decision of the Constitutional Court, employers can break the employment relationship against workers because they have committed serious violations. Severe errors must be supported with some evidence. There has been a shift in the guilty judgment of workers, especially when it comes to criminal acts that are the authority of the court.

scholarly journals Koncepcja prawa interwencjonizmu

2018 ◽  
Vol 114 ◽  
pp. 559-568
Author(s):  
Cezary Kosikowski
Keyword(s):  
International Organizations ◽  
Legal Aspect ◽  
Scientific Research ◽  
Point Of View ◽  
The European Union ◽  
Applicable Law ◽  
The Subject ◽  
Legal Forms ◽  
Discipline Programs ◽  
The Eu

CONCEPT OF THE INTERVENTIONISM LAWThe author proposes that the division of law into sections should also distinguish the interventionism law. This includes legal regulations regarding the scope, forms and methods of impact of international organizations, EU institutions and national authorities on processes related to the economy, especially its development and functioning in the market system and in the conditions of globalization, internationalization and economic integration of modern states. In order to justify its proposal, the author points out that modern interventionism is no longer limited to traditional state interventionism, but it is exercised by international organizations and the European Union in relation to the Member States. All entities carrying out the functions of interventionism do so on the basis of law. From the point of view of the EU Member State, these are regulations complementing each other and forming a whole as a source of applicable law. The author does not propose any codification procedures in the field of interventionism law. He claims, however, that the national legislator should create, control, interpret and apply the national law of intervention, taking into account the fact that there are regulations inherent in the international and EU law of interventionism.In addition, the author indicates the need for a different approach to interventionism in scientific research and didactics. In this regard, he sees the need to change the organization of scientific research on the subject of interventionism in its legal aspect. He puts on interdisciplinary research with the participation of many specialists. In didactics, he proposes adjustments in economics curricula for lawyers and in legal discipline programs. In particular, it is about introducing the subject of contemporary interventionism and problems related to its legal basis and the boundaries and legal forms of its functions.

PERSONAL DATA PROTECTION IN THE EMPLOYMENT CONTRACT

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 331-340
Author(s):  
Tomasz Świętnicki ◽  
Mateusz Jakubik
Keyword(s):  
Data Protection ◽  
Labor Law ◽  
Personal Data ◽  
Employment Relationship ◽  
Ethical Values ◽  
Employment Contract ◽  
Employment Relationships ◽  
Personal Data Protection ◽  
Starting Point

This text is devoted to the protection of personal data in the employment relationship. The starting point for this analysis were the provisions resulting from the Polish Constitution, namely Art. 30. We discussed the conditions of personal data protection in labor law, focusing in particular on Art. 221 of the Labor Code and all related regulations. We have tried to explain what the processing of personal data is, and what are the correlations in employment relationships. In our opinion, the protection of personal data itself is not only the necessity of cooperation between the employee and the employer to the extent specified by law, but also based on ethical values. Hence the employer’s obligation to avoid actions that directly interfere with the employee’s protected personal belongings

COOPERATIVE EMPLOYMENT CONTRACT AS THE BASIS FOR ESTABLISHING AN EMPLOYMENT RELATIONSHIP

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 261-273
Author(s):  
Tomasz Duraj
Keyword(s):  
Civil Law ◽  
Employment Relationship ◽  
Basic Form ◽  
Employment Contract ◽  
Entire Duration ◽  
Worker Cooperatives ◽  
The Subject ◽  
One Year ◽  
Worker Cooperative ◽  
The Way

The subject of the foregoing study is the characteristics of the cooperative employment contract, which is the basic form of employment of worker cooperatives members, and, in principle, is used only there. The legislator requires that, in addition to the cases laid down in the provisions of the Cooperative Law, the cooperative member is employed for the entire duration of the membership on the basis of a cooperative employment contract, which has a significant impact on the way in which the contract is concluded and its content. Pursuant to Article 182 of Cooperative Law, as soon as a person joins a worker cooperative, both the cooperative and its member are obliged to enter into and remain in a cooperative employment relationship with each other. Importantly, if the employment relationship is not established through the fault of the cooperative, the member may claim, for the entire duration of the membership, the conclusion of a cooperative employment contract, and apart from that, he may, within one year from the date of becoming a member, claim compensation under the provisions of civil law. These claims are subject to the cognition of the labour court.

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.

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 LEGAL INCENTIVES AND INCENTIVE LEGAL RELATIONS IN LABOR LAW

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Maryna L. Smolyarova ◽  
Keyword(s):  
Labor Relations ◽  
Real Life ◽  
Labor Law ◽  
Legal Regulation ◽  
The State ◽  
Legal Form ◽  
Legal Relationship ◽  
Legal Science ◽  
The Subject ◽  
Legal Forms

The article is devoted to the study of the main elements of the mechanism of legal incentives: legal incentives and incentive legal relations in labor law. Based on the analysis of works of domestic and foreign scholars on general theory of law and representatives of various branches of law, including labor law, the author emphasizes that stimulating legal relations are quite dynamic phenomena � they arise, change, cease. The dynamics of legal relations is associated with real life circumstances, which in legal science are called legal facts. Since the result of the action of legal incentives is the emergence of a socially active act, the legal facts can only act as lawful actions. Implementation of a legal incentive is a form of socio-legal activity of legal entities. Legal incentives also affect behavior indirectly � through consciousness and will, that is, what determines the behavior itself. Purposeful labor activity carried out with the help of legal incentives that affect the consciousness of the subject, and is the process of regulating the actual legal relationship. The subject of labor relations develops, first of all, the ideal model of his behavior, assessing the content of legal incentives, taking into account the current practice, anticipating the possible favorable consequences for him. In real behavior of the person the maintenance of stimulating legal relations is realized. The goal of the stimulating subject is achieved. It is emphasized that the stimulating legal relationship as a kind of labor relations has the following features: stimulating legal relations arise between the subjects of labor relations, it is the result of voluntary and conscious action of the employee; incentive legal relations arise, change or terminate only on the basis of legal incentives. Legal incentives generate a stimulating legal relationship and are directly realized through it; the subjects of stimulating legal relations are the bearers of subjective rights and legal obligations; stimulating legal relationship is characterized by such a quality as individuality, it identifies specific participants and determines the extent of their lawful behavior; stimulating legal relations are voluntary. For their emergence, it is not enough to have a legal incentive that includes the state will. The main thing is the manifestation of the will of its participants, as the stimulating legal relationship is realized, primarily through human consciousness; stimulating legal relations are especially protected by the state, which is directly interested in their effectiveness. Based on an in-depth theoretical analysis of existing views in legal science, the relationship between legal incentives and incentive legal relations in labor law is revealed. The process of stimulating employees from the point of view of its legal nature is analyzed. Emphasis is placed on the fact that the emergence and development of incentive legal relations is directly dependent on the mechanism of legal incentives. The mechanism of legal incentives is a complex systemic phenomenon, the components of which are formed as a mechanism of legal regulation - the main special legal form of legal influence, and non-legal forms of legal influence, which in some way from the internal characteristics of the person. It is emphasized that certain legal remedies, which are presented in the mechanism of legal incentives, do not affect the effectiveness of this mechanism and only in their totality and interaction, they ensure its effective operation.

scholarly journals NOW TENDENCIES OF DEVELOPMENT OF LABOR RIGHTS IN UKRAINE

2020 ◽  
pp. 42-46
Author(s):  
L. Yu. Prohoniuk
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Industrial Process ◽  
Labor Rights ◽  
Employment Contract ◽  
Electronic Form ◽  
Procedural Law ◽  
Current Trends ◽  
The Subject ◽  
Sphere Of Influence

The article is devoted to study of the current trends in development of the labor rights in Ukraine, related to elaboration of the draft Labor Code of Ukraine which highlights the necessity to update the labor law and adapt it to the current level of development of labor relations, namely: it is pointed out the gradual extension of the limits of the subject of the legal regime of the labor law, inclusion of new relationships and subjects in its sphere of influence, it is proved that the subject of the specified regime should include relations of non-standard forms of employment, opportunities for broadening the scope of labor law that will also lead to a change in the subject of its regulation, which will be the use of labor of both dependent and independent workers, joint parties of different types of collective owners engaged in the labor and industrial process; the second trend highlights the necessity to introduce an electronic form of employment contract in order to develop the principle of freedom of work, After all, one of the fundamental institutes of labor law is the institute of employment contract, which is the basis for the emergence of labor relations between the employee and the employer. However, the forms of concluding such an agreement remain unchanged, which is contrary to the full reform and improvement of the said institute. Increasingly, social networks are discussing a progressive approach to maintaining an electronic form of employment contract, along with a written one, which may, in the future, gradually disappear into the past, which will become the next trend in the development of labor relations; outlines the current trends of the shift in the legislative activity of government bodies; the article notes the third trend in the development of labor rights in the world relating to increase of the level of their protection, which should be carried out by specially authorized bodies in the order of the specialized jurisdiction; it is investigated the issue of development of specialized labor courts, analyzed the tendencies of the formation of the Code of Labor Procedure, which should provide for a number of procedural guaranties of protection of the rights, freedoms and legitimate interests of employees, employers and other subjects of employment relationship at law as well as guarantee of the legal equality of the parties in resolving discrepancies between them; the inferences on the actual formation of a new branch of procedural law are made.

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