The Concept of ‘Employee’: The Position in the Former Yugoslav Republic of Macedonia This chapter is based on relevant national and international legal literature. The prevailing legal sources originate from the countries of the former Yugoslavia. In addition to legal literature, it is based on the Macedonian relevant labour legislation. It does not include case law because there is no relevant court practice that covers employment relationships (ie, criteria and indicators of subordination). We also could not find any court decisions that refer to a differentiation between employment contracts and contracts for services. This finding is based on interviews conducted with judges from the department of labour disputes at the Macedonian courts.

2017 ◽  
Keyword(s):  
Case Law ◽  
Court Decisions ◽  
Employment Contracts ◽  
Employment Relationships ◽  
Criteria And Indicators ◽  
Republic Of Macedonia ◽  
Legal Literature ◽  
Yugoslav Republic ◽  
Labour Legislation ◽  
Labour Disputes

scholarly journals Sytuacja prawna pracowników powyżej pięćdziesiątego roku życia

2011 ◽  
Vol 54 (3-4) ◽  
pp. 367-385
Author(s):  
Monika Magdalena Dębska ◽  
Maciej Dębski
Keyword(s):  
Case Law ◽  
Occupational Activity ◽  
Employment Policy ◽  
Employment Contracts ◽  
Employment Relationships ◽  
Professional Development Training ◽  
Apprenticeship Programs ◽  
Labour Legislation ◽  
Polish Government ◽  
Protection Period

Non-discrimination of treatment – also on the grounds of age – is a fundamental rule of Polish labour legislation. That rule is expressed in art. 32(2) of the Polish Constitution, art. 1 of Directive 2000/78/EC and art. 113 of the Polish Labour Code. According to art. 6 of Directive 2000/78/EC, art. 183b § 2 of the Polish Labour Code and ECJ case law, exceptions from that rule are permissible if they are justified by a legitimate aim and if the means of achieving that aim are appropriate and necessary. These exceptions include the legitimacy of termination of employment relationships with workers for the sole reason of their reaching the age of retirement. Indeed, such termination can be justified by employment policy. On the other hand, by virtue of art. 39 of the Labour Code, during four years prior to reaching retirement age workers benefit from the so-called protection period, which – with some exceptions – prohibits termination of their employment contracts or work and pay agreements. On October 17th, 2008, the Polish government adopted a program named Solidarity of generations – action for Increasing Occupational activity of Persons aged 50+, within which professional development training and apprenticeship programs were opened to people aged 50 and over, and legislation was introduced to promote their employment.

Openlaws.eu

2017 ◽  
pp. 173-190 ◽  
Author(s):  
Thomas J. Lampoltshammer ◽  
Andres Guadamuz ◽  
Clemens Wass ◽  
Thomas Heistracher
Keyword(s):  
Decision Making ◽  
Case Law ◽  
Court Decisions ◽  
Legal Information ◽  
Legal Norms ◽  
Open Framework ◽  
Fundamental Building Block ◽  
Legal Literature ◽  
Legal Texts ◽  
Public Decision

Legal texts represent a fundamental building block in all democratic states. As such, legal information must be accessible to all members of society to the widest possible extent, to aid inclusiveness and to enable participation in public decision-making. In recognition of this, the EU and its Member States work to make laws, court decisions, etc. publicly available online. The sheer mass of legal norms, instruments, and interpretations in court decisions, commentaries and other sources, makes it increasingly difficult for citizens, civil society, businesses, and all involved stakeholders in legal practices to locate the relevant law. The challenge is to interlink local legal information and to have structures in place to enrich this information through aggregation and mass customization. The technological possibilities to achieve this goal do exist. The European project openlaws.eu aims for initiating a platform and to develop a vision for Big Open Legal Data (BOLD): an open framework for legislation, case law, and legal literature from across Europe.

Befristete Arbeitsverhältnisse in Deutschland und in Polen

2019 ◽  
Author(s):  
Konrad Dabrowski
Keyword(s):  
Case Law ◽  
Transitional Period ◽  
Member States ◽  
Employment Contracts ◽  
Employment Relationships ◽  
Eu Member States ◽  
Court Of Justice ◽  
European Court ◽  
Atypical Employment ◽  
The Eu

This book offers a comparison between German and Polish regulations on fixed-term employment contracts against the background of the so-called “flexicurity” strategy of the EU. Despite the partly inverse political and societal circumstances under which these regulations were developed, the author uncovers many parallels, but also some grave differences. Since atypical employment relationships are to a large extent determined by regulations, it seems obvious to conclude that there must exist a similar level of flexibility and protection with respect to these relationships in the member states. One might therefore formulate the hypothesis that – at least after a certain transitional period encompassing the transposition period and corrections of national legislation according to the case law of the European Court of Justice – the aims of the regulations determining atypical employment relationships in the various member states can be achieved and thus, the respective national regulations should be comparable, at least with respect to their effects. The present work examines the validity of this hypothesis for the two EU member states Germany and Poland on the example of fixed-term employment contracts.

Settlement of Labour Disputes through Mediation: Current Status of Legislation, its Practical Application and Development Perspectives

2016 ◽  
Vol 4 (6) ◽  
pp. 0-0
Author(s):  
Ирина Филипова ◽  
Irina Filipova
Keyword(s):  
Labor Law ◽  
Current Status ◽  
Successful Implementation ◽  
Practical Application ◽  
Procedural Law ◽  
Legal Literature ◽  
Labour Dispute ◽  
Labour Legislation ◽  
High Level ◽  
Labour Disputes

Russian legislation envisages the possibility of using mediation in labour disputes. At the same time, in practice mediation in labour disputes is rarely used. In legal literature, different reasons of this situation are identified: reluctance of the parties to pay for mediation, distrust of the mediator, absence of demand for mediation. It is important to understand that an employee is usually the initiator of a labour dispute. The author of this article believes that scarce application of mediation in the settlement of labour disputes lies in the high level of employees’ guarantees and rights in the Russian labor law and civil procedural law. First of all, the Labour Code provides plenitude of employee´s rights. If the employer violates these rights, the employee can go to court; the court will require the employer to restore the employee’s violated rights. Secondly, the employee is exempt from payment of judicial expenses. Thirdly, the employee may apply to the State Labour Inspectorate and the Prosecutor´s Office. Thus, the employee does not need the mediation procedure. It is more useful for employers, but employers have little knowledge about mediation. Foreign experience shows that for successful implementation of mediation in practice it is necessary to introduce the concept of mediation in labour legislation.

scholarly journals The changing public policy and automatic termination of fixed-term employment contracts in South Africa

2017 ◽  
Vol 20 ◽  
Author(s):  
Judith Geldenhuys
Keyword(s):  
South Africa ◽  
Public Policy ◽  
Case Law ◽  
Recent Case ◽  
Employment Contracts ◽  
Employment Relationships ◽  
The Public ◽  
Legislative Amendments

Automatic termination is an accepted means of terminating fixed-term employment relationships. The use of "automatic termination" clauses in employment contracts has become commonplace. Awareness of the potential for abuse of these contractual mechanisms is increasing. Recent case law on the issue indicates that the public policy, which serves as test for validity and/or enforceability of "automatic termination" clauses has changed. The impetus for the protection of "non-standard" or atypical employees is underscored by policy considerations that have been incorporated by the recent legislative amendments. These developments may very well place a heavier burden than before on employers who opt to rely on "automatic termination" clauses to sustain an argument in favour or their validity and/ or enforcement.

scholarly journals Law reports for psychiatrists

2012 ◽  
Vol 18 (4) ◽  
pp. 308-314
Author(s):  
Hugh Series
Keyword(s):  
Case Law ◽  
Psychiatric Practice ◽  
Court Decisions ◽  
Medical Work ◽  
England And Wales ◽  
Legal Structure ◽  
Legal Literature ◽  
Judicial Reasoning ◽  
Law Reports ◽  
Civil Courts

SummaryThe article briefly describes the structure of the civil courts in England and Wales and explains how laws are drafted. This information is used as a basis for understanding the rule of precedent: how earlier court decisions may be binding in later cases. The article explains what law reports are, how cases are reported in the legal literature and how they may be located and cited. A number of key cases are summarised to illustrate the process of judicial reasoning and to show how case law contributes to psychiatric practice and defines the legal structure of medical work. A list of useful legal websites is given.

Revisiting the risk of undesired appeal in investment treaty arbitration: is deference to the tribunal’s award still less likely in the ICSID context?

2021 ◽  
Author(s):  
Alexander J Marcopoulos
Keyword(s):  
Ad Hoc ◽  
De Novo ◽  
Case Law ◽  
Court Decisions ◽  
Investment Treaty ◽  
Investment Treaty Arbitration ◽  
The Way

Abstract Although they are generally not subject to appeal the way court decisions typically are, investor-State arbitration awards can be reviewed—and potentially set aside—in a number of ways and on various bases. In this respect, investor-State arbitration under the auspices of ICSID is notable in that it provides a self-contained system for the review of arbitral awards by ICSID-appointed ad hoc committees. In the period 2000–2010, this feature of the ICSID system attracted criticism as ad hoc committees appeared to be overreaching in their review of arbitral awards, exercising less deference to the tribunal’s decisions than what would be expected given the narrow bases for setting aside an award under the ICSID Convention. This article revisits the issue 10 years later, exploring whether ICSID practice has evolved in these areas and whether there remains a greater risk of unexpected de novo review by ICSID ad hoc committees. Looking at recent ICSID annulment decisions as well as the case law of arbitration-friendly jurisdictions, the article concludes that although the ICSID ad hoc committees have recently shown more restraint, they continue to interfere more with the tribunal’s reasoning and decisions than many courts exercising the same function.

Proportionality under Jus ad Bellum and Jus in Bello: Clarifying their Relationship

2012 ◽  
Vol 45 (1) ◽  
pp. 107-124 ◽  
Author(s):  
Raphaël van Steenberghe
Keyword(s):  
Case Law ◽  
Military Operations ◽  
Military Operation ◽  
Jus In Bello ◽  
Jus Ad Bellum ◽  
Legal Literature ◽  
State Practice ◽  
The Individual ◽  
The Military ◽  
The Relationship

Proportionality is a condition provided under both jus ad bellum and jus in bello. Based on a particular interpretation of state practice and international case law, recent legal literature argues that the two notions of proportionality are interrelated in that proportionality under jus in bello is included in the assessment of proportionality under jus ad bellum. This article seeks to refute such a position and, more generally, to clarify the relationship between the two notions of proportionality.The main argument of the article is in line with the traditional position regarding the relationship between jus ad bellum and jus in bello. It is argued that, although sharing common features and being somewhat interconnected, the notions of proportionality provided under these two separate branches of international law remain independent of each other, mainly because of what is referred to in this article as the ‘general versus particular’ dichotomy, which characterises their relations. Proportionality under jus ad bellum is to be measured against the military operation as a whole, whereas proportionality under jus in bello is to be assessed against individual military attacks launched in the framework of this operation.This article nonetheless emphasises the risk of overlap between the assessments of the two notions of proportionality when the use of force involves only one or a few military operations. Indeed, in such situations, the ‘general versus particular’ dichotomy, which normally enables one to make a distinct assessment between the two notions of proportionality, is no longer applicable since it becomes impossible to distinguish between the military operation as a whole and the individual military attacks undertaken during this operation.

Sign in / Sign up

Export Citation Format

Share Document