TYPES OF OVERWORK AND JOBS THAT CANNOT BE OVERWORKED WITHIN THE FRAMEWORK OF THE LABOR LAW NO. 4857

2021 ◽  
Vol 6 (14) ◽  
pp. 67-81
Author(s):  
Altuğ YENGİNAR

The right to work has been recognized as a fundamental human right in almost all international human rights documents and in the constitutions of many countries. This right has been recognized and guaranteed as a fundamental human right also in the Constitution of the Republic of Turkey. However, not only recognizing and guaranteeing "work" as a fundamental human right but also regulating its implementation and functioning within the framework of laws is of great importance. The concept of overwork is a concept that has been mentioned in the Labor Law regarding the implementation and functioning of the concept of work and it is regulated in our Labor Law No. 4857. In order to talk about overwork, a limited working time is required. In this context, upon determining the maximum number of hours a worker can work per week by drawing a limit on working hours in Labor Law No. 4857, overwork, which is the subject of work exceeding this period, is defined. Furthermore, the types of overwork that arise depending on the reasons for overworking, as well as the jobs that cannot be overworked, are regulated in the same Law.

Author(s):  
Darko Dimovski ◽  
Ivan Milić

As a basic principle, the "right to work" is guaranteed under the Constitution of the Republic of Serbia. This human right is further elaborated primarily in the Labor Law, but also in other laws that stipulate the conditions for the establishment, exercise and termination of employment. This paper emphasizes the possibility of restricting both natural and legal persons, including entrepreneurs, to practicing a particular profession, activity or duty, resulting from the imposition of criminal sanctions. The security and protective measures in the criminal law of the Republic of Serbia prohibiting the practice of specific activities are also emphasized. One of the aims is to point out the consequences of the measures imposed, which are often more severe than the sentence itself.


Author(s):  
Carmen Almagro Martín

ResumenSin duda alguna, en épocas de crisis como la que vivimos desde hace años, que se ha mostrado especialmente intensa en España, el Derecho al trabajo es uno de los que resultan más perjudicados. Se trata de un Derecho fundamental del ser humano y, como tal, aparece recogido en la Declaración Universal de Derechos Humanos, formando parte de ese “ideal común” que todos los pueblos y naciones deben esforzarse en conseguir. En España, el desempleo ha alcanzado niveles tan elevados que se ha convertido en la principal preocupación de los españoles (prácticamente en todas las familias hay al menos un miembro en “paro”). La situación es desoladora, habiéndose llegado a rozar los 6 millones de trabajadores en situación de desempleo, resultando evidente que el país debe continuar la reforma en el ámbito laboral poniendo en práctica políticas activas que permitan la reducción de esta cifra y la normalización del mercado de trabajo. Sin embargo, no menos importante será la adopción de medidas para la protección de los millones de desempleados, que viéndose privados de trabajo, principal fuente de ingresos para la mayoría de ellos, carecen de los recursos necesarios para hacer frente a sus necesidades básicas y las de sus familias.AbstractWithout any doubt, in times of crisis, as the one we have been currently living for years, the right to work has been particularly affected. It is a Fundamental Human Right, as it is expressed in the Universal Declarationof Human Rights, shaping this “common ideal” towards which all the people and nations must try to achieve. In Spain, unemployment has reached such levels that it has become the main subject of preoccupation among Spaniards (in almost all families, there is at least one unemployed individual). The situation is devastating, as almost 6 million of people are unemployed, urging the country to carry on its labour reforms, implementing active policies that enable to reduce this number and to normalize the labour market. It will be also important to adopt some measures to protect millions of unemployed individuals who, having no job, (as the main source of income for them), are lacking the necessary means to cope with the basic needs of themselves and their families. ResumoSem dúvida, em tempos de crise como a que temos vivenciado há anos, e que tem demostrado ser particularmente intensa na Espanha, o direito ao trabalho tem sido particularmente prejudicado. Trata-se de um direito humano fundamental e como tal, aparece na Declaração Universal dos Direitos Humanos, formando parte desse “ideal comum” que todos os povos e nações devem buscar realizar. Na Espanha, o desemprego atingiu níveis tão elevados que se tornou a principal preocupação dos Espanhóis (praticamente todos em todas as famílias lares têm pelo menos um membrosem emprego). A situação é sombria, tendo em vista que há quase 6 milhões de desempregados, exigindo que o país prossiga com suas reformas trabalhistas, implementando políticas públicas ativas que permitam reduzir essa cifra e normalizar o mercado do trabalho. Torna-se importante adotar medidas que protejam os milhões de desempregados que, sem emprego– principal fonte de ingressos para a maioria deles –, carecem dos recursos necessários às suas necessidades básicas e de suas famílias.


2021 ◽  
Vol 81 (1) ◽  
pp. 57-64
Author(s):  
A. Kasymova ◽  
◽  
M. Zhandeldinova ◽  

In this article, the authors consider the features of the scope of application of labor legislation. The authors note that the extent to which the norms of labor legislation apply to different types of labor relations varies. In this connection, the question of the scope of labor legislation, as well as the limits of its use in the settlement of labor relations of various categories of citizens, becomes relevant. The purpose of this article is to address issues related to the scope of application of labor legislation. In this study, the methods generally accepted in the legal science and the science of labor law is used. Thus, such general scientific methods as dialectical, system-structural, historical methods, as well as the method of comparative analysis were used. Among the special legal methods used, it is necessary to distinguish the formal legal method of scientific knowledge. The scope of the labor legislation is, first of all, the circle of public relations, a certain territory, as well as the circle of subjects to which its norms apply. The Labor Code cannot regulate all relations concerning the exercise of the right to work. This is the sphere of regulation of the Constitution of the Republic of Kazakhstan. Labor legislation can regulate only those relations concerning the exercise of the right to work that arise on the basis of an employment contract. The authors come to the conclusion that labor legislation regulates not only labor relations, which are the subject of labor law. It also regulates certain other types of employment relations in cases where this is expressly provided for by law. At the same time, it should be noted that the labor legislation applies to other types of labor relations only within the limits defined by a special law. Labor legislation does not apply in cases where the work is performed by an individual – a business entity independently or the work is performed by members of a personal peasant farm in this farm, as well as in cases where an individual performs the duties of a member of the supervisory board of a joint-stock company, the executive body of a business company, or other relevant management bodies of legal entities; if these duties are performed on other grounds than an employment contract, and if an individual performs the duties under a civil contract providing for the performance of certain work in favor of the other party to the contract.


2020 ◽  
Vol 10 (1) ◽  
pp. 28-32

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.


2021 ◽  
Vol 60 (90) ◽  
pp. 97-118
Author(s):  
Aleksandar Mojašević ◽  
Aleksandar Jovanović

The Act on the Protection of the Right to a Trial within a Reasonable Time, which took effect in 2016, has created the conditions in our legal system for the protection of the right to a trial within a reasonable time, as one of the fundamental rights guaranteed by the Constitution of the Republic of Serbia and related international documents. Although the legislator does not explicitly provide for the application of this Act in the context of bankruptcy proceedings, it has been used in judicial practice as a mean for the bankruptcy creditors to obtain just satisfaction in cases involving lengthy bankruptcy proceedings and a violation of the right to a fair trial within a reasonable time. The subject matter of analysis in this paper is the right to a trial within a reasonable time in bankruptcy cases. For that purpose, the authors examine the case law of the Commercial Court in Niš in the period from the beginning of 2016 to the end of 2019, particularly focusing on the bankruptcy cases in which complaints (objections) were filed for the protection of the right to a fair trial within a reasonable time. The aim of the research is to examine whether the objection, as an initial act, is a suitable instrument for increasing the efficiency of the bankruptcy proceeding, or whether it only serves to satisfy the interests of creditors. The authors have also examined whether this remedy affects the overall costs and duration of the bankruptcy proceeding. The main finding is that there is an increasing number of objections in the Commercial Court in Niš, which still does not affect the length and costs of bankruptcy. This trend is not only the result of inactivity of the court and the complexity of certain cases but also of numerous external factors, the most prominent of which is the work of some state bodies.


2018 ◽  
Vol 28 (7) ◽  
pp. 2295-2299
Author(s):  
Ivana Koteva ◽  
Mahmut Celik

The subject of our interest in the research that preceded this scholarly work was the life and creative path of Ilhami Emin, that is, his contribution to the development of Turkish literature in the Republic of Macedonia. For the purpose we consulted with literary works that offer many data, that is, they talk about the period in which he lived and created "the poet of the Turkish people". Beginning from his birth in the city of Radovis, his tumultuous school years to his work and successful acting in various cultural areas, we once again prove his great merit for the development of Turkish literature in our region. Ilhami Emin conveyed another important feature in his creation, which is bilingualism. Namely, he creates and publishes in parallel both in Turkish and in the Macedonian language, that is, his works are published in the Republic of Macedonia and the Republic of Turkey, which is why we can say that Emin has in range and aesthetically charged both the Turkish and the Macedonian literature.


BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 34
Author(s):  
Utkarsh K. Mishra ◽  
Abhishek Negi

<p>This research aims to investigate the trajectories of discrimination these communities face in the employment sector. While doing so, the authors have emphasized that despite a clear mandate of ‘Right to Work’ in the Constitution of India, policymakers, governments, and the Indian judiciary too has been keen only on laying down framework only concerning ‘Rights at work.’ In this sense, the authors opine that India presently lacks a clear employment non-discrimination framework. Even almost all the labor laws of India stipulate rights and duties post-recruitment scenario. There is an apparent lack of pre-recruitment guidelines. In this light, the authors see the Supreme Court’s recent judgment in the NALSA case recognizing the Transgenders as ‘third gender’ and the efforts of the Indian Parliament to frame a law on the protection of the rights of the transgender people as a silver lining in the cloud. This paper highlights the underpinnings of this development by still emphasizing that something needs to be done more on the front.</p><p> </p><p><strong>  </strong><strong>Keywords:</strong> Transgenders; Employment; India.</p>


2021 ◽  
Vol 10 (6) ◽  
pp. 295
Author(s):  
Sevdai Morina ◽  
Endri Papajorgji

In life, it often happens that humans take different actions on different occasions to save man or his wealth. These actions can be taken when there is a need to protect the integrity of man and his wealth, both individual and social wealth. Man performs these actions morally and without any institutional obligation. Man does the action without consent in order to save one's life or another's wealth. There is a need for such an action, because everyone sometimes in certain cases needs mutual help. With these behaviors of people, it is seen that they do not take these actions out of legal obligation, but act and should act with the consciousness and conscience of the civilized man. People who do this are driven by the need for cooperation, humanity, existence at the expense of the other, namely society. A person performs this action by perpetrating the work of another without consent for any other person. Hence, they undertake some factual and legal action for the other, sacrificing something that can be the property value and their bodily integrity. Sometimes this action must be taken because there are actions that cannot be postponed, therefore someone should take an action in such situations even when uninvited. Consequently, the subject matter analyzed in this paper is the act of perpetration of the work of another without consent as a source of the right of obligations in the Republic of Kosovo.   Received: 6 October 2021 / Accepted: 1 November 2021 / Published: 5 November 2021


Author(s):  
Elza Jurun ◽  
Nada Ratković ◽  
Bože Vuleta

This paper presents the part of results obtained by a comprehensive statistical analysis of public opinion in the issue of work-free Sunday, based on a survey undertaken in the Republic of Croatia in October 2017. The research has been made aiming at providing the answer to the crucial question of whether free Sunday can be considered only as of the economic issue or concerns deeply almost all the spheres of life in general. Moreover, the authors want to show and promote free Sunday as socio-economic phenomena which become a political and ideological issue as a fundamental human right and true notion of human freedom and welfare. Besides, as a member of the European Sunday Alliance, Croatia is the first EU member state which promotes free Sunday as one of the measures of active demographic policy. Along with the results of classical statistical processing of public opinion research, the methodology of this research has also involved the hypothesis testing about differences in the proportions as well as post-stratification of the two-step stratified random sample based on gender, age, size of residence, regions and education level. Even more, than two-thirds of respondents consider important or exceptionally important not-working on Sundays and support the maximum limit of that work.


Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.


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