The Policy and Task of Legal System focused on the Labor Law and Social Security Law after Korean Unification

2018 ◽  
Vol 28 (3) ◽  
pp. 113-130
Author(s):  
Hoyoung Bae
Keyword(s):  
Social Security ◽  
Legal System ◽  
Labor Law ◽  
Korean Unification ◽  
And Task

scholarly journals La problemática derivada del reconocimiento de los efectos del contrato de gestación subrogada desde la perspectiva del Derecho del trabajo y de la Seguridad Social = The problem derived from recognizing the effects of gestation contract subrogated from the perspective of labor law and social security

2019 ◽  
Vol 11 (2) ◽  
pp. 348
Author(s):  
David Tomás Mataix
Keyword(s):  
Social Security ◽  
Legal System ◽  
Labor Law ◽  
Social Rights ◽  
Surrogate Motherhood ◽  
New Family ◽  
The Creation ◽  
The Law

Resumen: El contrato de gestación subrogada es nulo de pleno derecho en España por ser clara­mente contrario a los principios más esenciales de nuestro ordenamiento jurídico, siendo tal consecuen­cia expresada en la Ley 14/2006, de 26 de mayo. Pese a ello, de su celebración derivan una serie de efectos en el ámbito del Derecho del Trabajo y de la Seguridad Social, surgidos a partir de la creación de una nueva realidad familiar resultada del nacimiento de un menor de edad.Palabras clave: maternidad subrogada, nulidad, derechos sociales, Seguridad Social, interés su­perior del menor.Abstract: The surrogate motherhood contract is declared invalid in Spain because it is clearly con­trary to the most essential principles of our legal system, this being expressed by the Law 14/2016, 26th of May. However, a series of effects derive from the celebration in the field of Labor and Social Security Law, arising from the creation of a new family reality resulting from the birth of a minor.Keywords: surrogate motherhood, nullity, social security, social rights, children´s interest.

scholarly journals LOS REQUISITOS PARA A CARACTERIZAÇÃO DO TRABALHADOR RURAL COMO SEGURADO ESPECIAL À LUZ DOS JUÍZES JÚPITER, HÉRCULES E HERMES DE FRANÇOIS OST.

2020 ◽  
Vol 5 (2) ◽  
pp. 264-286
Author(s):  
Dariel Santana ◽  
Marcelo Borsio ◽  
Jefferson Carús Guedes
Keyword(s):  
Social Security ◽  
Qualitative Analysis ◽  
Cultural Differences ◽  
Rural Area ◽  
Legal System ◽  
Open Type ◽  
Rural Workers ◽  
The Social ◽  
Complex Cases

The purpose of this study is to critically analyze the requirements regarding the framing of rural workers as a special insured, confronting them with the reality of the Brazilian rural area. Therefore, as a methodology, the jurisprudence of the higher courts was researched, exploratory bibliographic research and qualitative analysis were used. In addition, empirical research was carried out, listening to the various actors in the social security processes. Here it will be demonstrated that judges Jupiter, Hercules and Hermes can live harmoniously within the scope of Social Security Law, with space for each one of them, depending on the complexity of the specific case set out. In less complex cases, where the legal text is able to offer the appropriate response to the conflict, it is time for the Jupiterian exegesis to be applied by the interpreter. In hard cases, however, the toga of the first must give way to the toga of the last two, since the literality of the text does not deliver the most appropriate solution to the social security dispute. In this sense, the open type for the characterization of the special insured has the considerable advantage of flexibility, allowing the operator of the law a topic-problematic interpretation, to find the best answer for the specific case, taking into account, therefore, the heterogeneities of this continental country, whose social, geographical, climatic, economic and cultural differences are colossal. The legal system has gradually moved away from Kelsen’s pyramidal metaphor and towards a more horizontal and intertwined normative system - much closer to the sphinx of the Memphis alabaster than to the Cheops pyramid - with interdisciplinarity as a vector of stabilization of the system and this will be demonstrated in this study.

scholarly journals THE SUBJECT AND CONTENT OF LAW IN THE STUDY OF CONTINUITY AND DISCONTINUITY OF THE HISTORY OF LABOR LAW IN RUSSIA

2021 ◽  
Vol 31 (6) ◽  
pp. 1065-1071
Author(s):  
S.A. Sobolev
Keyword(s):  
Social Development ◽  
Legal System ◽  
Scientific Research ◽  
Labor Law ◽  
Russian Empire ◽  
Private Law ◽  
Labor Legislation ◽  
History Of ◽  
The Russian Empire ◽  
Continuity And Discontinuity

The article attempts to investigate general and particular issues of the social development of the domestic legal system in the modern knowledge of its history from a general theoretical standpoint on the example of a specific legal discipline - labor law. The problem of methodological order is considered when there is a confusion of law as an object of cognition with a real reflection of the formation and social development of its subsystems or structural components, which receive study at the sectoral level. Labor law is analyzed as a subsystem or the most important structural component of the legal system, while scientific research on various aspects of the history of labor legislation goes beyond the modern industry and academic discipline. The problem of the methodological order is the continuity and discontinuity of the very course of development of the domestic system of law and branches of law of the Russian Empire, the Soviet and modern periods. Attention is drawn to the fact that many modern labor law categories in the period before 1917 were absent in the legislation, but formed the content of legal acts and scientific research. In turn, labor relations were formalized by a contract of employment (personal employment), but the specifics of its regulation were determined by mining and factory legislation. Some problems of understanding the modern history of labor law are characterized, when in the general theoretical and branch educational and scientific literature on labor and civil law, concepts such as an employment contract and labor legislation are mixed, and labor law as a branch of law refers to private law. Based on the theoretical works of scientists of the Russian Empire, the Soviet and modern period, a combination of private law and public law foundations of labor law is shown.

scholarly journals Open Coalition Law, Necessity or Threat?

2021 ◽  
Vol 95 ◽  
pp. 29-38
Author(s):  
Błażej Mądrzycki
Keyword(s):  
International Law ◽  
Legal System ◽  
Trade Unions ◽  
Civil Law ◽  
Labor Law ◽  
Freedom Of Association ◽  
Employment Contract ◽  
Expected Effect ◽  
Provision Of Services ◽  
Constitutional Tribunal

From January 1, 2019. Amendments to the Act of July 5, 2018 amending the provisions on trade unions and some other acts apply (almost in full). Amendments to the Polish act are a consequence of the Committee for the Freedom of Association, Labor Law Organizations and the judgment of the Polish Constitutional Tribunal. The main and expected effect of the amendment is the extension of coalition freedom in trade unions. This issue is important not only for the consistency of the legal system with international law, but also for social reasons. Concluding civil law contracts in the place of employee forms of employment is a common practice in Polish conditions. The main problem is that the civil law contract has a purpose other than the employment contract. Contracts of mandate and provision of services are the basis for the implementation of actual and legal activities. Besides, the legislator does not have any real actions aimed at eliminating the defective practice. The text is an attempt to synthetically summarize the motives of the amendment, as well as its effects and tests.

scholarly journals Terceirização do trabalho no Brasil: a regulamentação em disputa

2019 ◽  
Vol 4 (2) ◽  
pp. 10-39
Author(s):  
Isabela Fadul de Oliveira
Keyword(s):  
Working Class ◽  
Legal System ◽  
Social Protection ◽  
Labor Law ◽  
Work Relationships ◽  
Employment Contract ◽  
The Individual ◽  
Normative Content

RESUMO:Este texto tem como objetivo refletir sobre o processo recente de regulamentação das relações de trabalho terceirizado no Brasil. Para tanto, partimos de uma breve apresentação sobre a forma como foi organizado o sistema de regulamentação e proteção social do trabalho no país, identificando o contrato individual de emprego como um dos seus eixos estruturantes. Em seguida, localizamos o início do debate jurídico sobre a terceirização nos anos 1990 e destacamos os aspectos principais da disputa em torno da sua regulamentação. Ao final, examinamos as mudanças introduzidas pelas Leis 13.429/2017 e 13.467/2017 no ordenamento jurídico trabalhista, procurando demonstrar como seu conteúdo normativo põe em xeque a estrutura do Direito do Trabalho no país e promove as condições para a livre exploração do trabalho terceirizado, respondendo aos anseios da classe patronal e resultando em perda de direitos para a classe trabalhadora. ABSTRACT:This text aims to reflect about the recent process of regulation of outsourced work relationships in Brazil. Therefore, we start with a brief presentation about how the system of regulation and social protection of work in the country was organized, identifying the individual employment contract as one of its structuring axes. Next, we locate the beginning of the legal debate about the outsourcing in the 1990s and highlight the main aspects of the dispute over its regulation. In the end, we examine the changes introduced by Laws 13,429 / 2017 and 13,467 / 2017 in the labor legal system, trying to demonstrate how its normative content puts the structure of Labor Law in the country in check and promotes the conditions for the free exploitation of outsourced work, responding to the wishes of the employers’ class and resulting in loss of rights for the working class. 

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