BASIC PRINCIPLES OF LABOUR LAW – OVERREGULATION OF THE LABOUR CODE OR LEGITIMACY OF THEM BEING SINGLED OUT?

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 69-81
Author(s):  
Jan Piątkowski
Keyword(s):  
Fundamental Importance ◽  
Entire System ◽  
Labour Law ◽  
Basic Principles ◽  
Employment Relationships ◽  
General Law ◽  
The Status ◽  
The Will ◽  
Article 5

The legislator, guided by the fundamental importance of certain rights in individual and collective employment relationships, decided to formally single out certain principles and separate them from the entire system of labour law principles, giving them the status of basic principles. The singled out principles avoided the fate of other principles, which are the product of doctrine and jurisprudence. The will of the legislator to single out basic principles is the causal reason for their placement in an act of unifying character, having reference to all employees, regardless of their employment model. Only in such a way, taking into account the rules of legislative technique as well as the dualistic model of employment and the mechanism of the interdependence of the general law with special laws (Article 5 of the Labour Code), was it possible to carry out the will of the legislator

Bariery w przepływie pracowników na rynku wewnętrznym – stary problem w nowych odsłonach

2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 39-54
Author(s):  
Robert Grzeszczak
Keyword(s):  
Equal Treatment ◽  
The European Union ◽  
Integration Process ◽  
Labour Law ◽  
Member States ◽  
Political Criticism ◽  
Eu Policies ◽  
The Will ◽  
Free Movement Of Persons ◽  
The Eu

The issue of re-nationalization (disintegration and fragmentation) of integration process is manifested by the will of some of the Member States to verify their relations with the European Union. In the age of an economic crisis of the EU and in relation to the large migration of the population, there has emerged strong social and political criticism, on the European level, of the integration process, with some Member States even consideringtheir withdrawal from the EU. In those States, demands forextending the Member States’ competences in the field of some EU policies are becoming more and more popular. The legal effects of the above-mentioned processes are visible in the free movements of the internal market, mainly within the free movement of persons. Therefore, there are problems, such as increased social dumping process, the need to retain the output of the European labour law, the issue of the so-called social tourism, erosion of the meaning of the EU citizenship and the principle of equal treatment.

Free Agent or ‘Conscious Automaton’? Contrasting Interpretations of the Individual in Spencer's Writing on Social and Moral Life

2003 ◽  
Vol 51 (1) ◽  
pp. 1-19 ◽  
Author(s):  
John Offer
Keyword(s):  
Social Life ◽  
Social Evolution ◽  
Care Needs ◽  
Philosophical Debate ◽  
Herbert Spencer ◽  
Freedom Of The Will ◽  
Policy Sociology ◽  
The Status ◽  
The Will ◽  
The Individual

Herbert Spencer remains an important and intriguing figure in thinking about political, social and moral matters. At present his writings in relation to idealist thought, social policy, sociology and ethics are undergoing reassessment. This article is concerned with some recent interpretations of Spencer on individuals in social life. It looks in some detail at Spencer's work on psychology and sociology as well as on ethics, seeking to establish how Spencer understood people as social individuals. In particular the neglect of Spencer's denial of freedom of the will is identified as a problem in some recent interpretations. One of his contemporary critics, J.E. Cairnes, charged that Spencer's own theory of social evolution left even Spencer himself the status of only a ‘conscious automaton’. This article, drawing on a range of past and present interpretative discussions of Spencer, seeks to show that Spencerian individuals are psychically and socially so constituted as to be only indirectly responsive to moral suasion, even to that of his own Principles of Ethics as he himself acknowledged. Whilst overtly reconstructionist projects to develop a liberal utilitarianism out of Spencer to enliven political and philosophical debate for today are worthwhile – dead theorists have uses – care needs to be taken that the original context and its concerns with the processes associated with innovation (and decay) in social life are not thereby eclipsed, the more so since in some important respects they have recently received little systematic attention even though the issues have contemporary relevance in sociology.

scholarly journals Kepastian Hukum Pendaftaran Persekutuan Komanditer Pada Sistem Administrasi Badan Usaha

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 536
Author(s):  
Dentria Cahya Sudarsa ◽  
I Wayan Parsa
Keyword(s):  
Business Administration ◽  
Legal Certainty ◽  
Legal Research ◽  
Administration System ◽  
Limited Partnership ◽  
Trade Law ◽  
General Law ◽  
Civil Union ◽  
Limited Partnerships ◽  
Article 5

The writing of this article is based on the issuance of new regulations regarding the establishment and registration of limited partnership / CV in the business administration system (SABU) in accordance with the provisions of Article 5 paragraph (1) Regulation of the Minister of Law and Human Rights Number 17 of 2018 concerning Registration of Limited Partnerships, Firms, and the Civil Union which previously was only regulated in the Trade Law Book. Type of research used in this article is normative legal research. The purpose of this article is to determine the mechanism and legal certainty in the registration of the Limited Partnership after the enactment of business administration system. The results of the research and writing of this article are that there is an overlap in the registration mechanism for the Limited Partnership based on these two rules, it can be concluded that due to the provisions in KUHD and Minister Regulation No. 17 of 2018 both are still valid, the principle of legal preference can be used, namely lex specialis derogat legi lex generalis, means that a more specific law can override a more general law. The advice that can be given is to conduct a study of the enactment of the Minister Regulation whether to follow or not the provisions in the Trade Law Books due to avoid conflicting norms in the registration of a limited partnership.

scholarly journals ПОЛІТИКО-ПРАВОВІ АСПЕКТИ ЗАКОНОДАВЧОГО ЗАБЕЗПЕЧЕННЯ ВИБОРЧОГО ПРОЦЕСУ В СУЧАСНІЙ УКРАЇНІ

2019 ◽  
pp. 134-144
Author(s):  
Г. М. Нечаєва
Keyword(s):  
State Power ◽  
Legal Regulation ◽  
Electoral Process ◽  
Public Authorities ◽  
The Status ◽  
The Will ◽  
Points Of View ◽  
Democratic Principles ◽  
The Stability

This article examines the stages of the electoral process based on the legislation of Ukraine on elections since the proclamation of independent Ukraine until now. Considerable attention is paid to the disclosure of the concept of "electoral process", since democracy and the legitimacy of the entire system of public authorities depend to the electoral democracy. On the basis of various points of view of scientists, scholars of lawyers it can be concluded that the electoral process as a legal category is an independent legal institution of constitutional law, which should be understood as a set of constitutional and procedural norms governing the formation of representative bodies of the state and other elected bodies of state power and bodies of local self-government, election of state officials. The issue of the legislative support of the electoral process in Ukraine, the problem of the formation of a system of electoral legislation in Ukraine on the basis of which the electoral process takes place - elections of the President of Ukraine, people's deputies of Ukraine, deputies of local councils and village, town and city mayors. Adequate reflection of the will of the citizens on the formation of a system of government, the creation of conditions for free and deliberate expression of will require not only the legislative consolidation of the principles of free and fair elections, but also detailed legal regulation of procedures for conducting an election campaign, determination of the status of the subjects of the electoral process, their rights and obligations defining the results of elections, etc. The necessity of formation and establishment of a stable electoral culture of voters and the stability of electoral legislation for ensuring the proper realization of the electoral rights of Ukrainian citizens is indicated. However, the main problem is not so much in adopting laws that would comply with generally accepted democratic principles, but in ensuring compliance with these principles in practice, which does not always lie in the field of legislative regulation. In order to ensure legality in the process of organizing and holding elections, the functioning and interaction of all branches of state power, local self-government bodies and public associations must be agreed upon.

scholarly journals Legal Aspects of Filtering and Determining the Status of German Refugees Evacuated from the USSR by German Authorities in 1943-1944

2019 ◽  
pp. 113-128
Author(s):  
V. Martynenko
Keyword(s):  
Legal Aspects ◽  
German Population ◽  
Legal Basis ◽  
Basic Principles ◽  
Significant Percentage ◽  
Mixed Marriages ◽  
Nazi Ideology ◽  
General Government ◽  
The Status ◽  
Complex Procedure

During autumn 1943 – spring 1944, a planned evacuation of the German population was carried out from the occupied Soviet regions. This contingent was temporarily housed in special camps inGermany, the General Government and the Protectorate of Bohemia and Moravia. Following the established procedure, all evacuated Germans from the USSR were subjected to mandatory checks bythe Central Immigration Office. According to its results, the decision about naturalization was made. Camp filtration was a complex procedure based on the doctrinal principles of Nazi ideology. Itallowed to determine both the level of ethnocultural identity and the racial characteristics of each refugee. The legal basis of filtration was different orders, disposals, and prescriptions of severalauthorities that were part of the SS apparatus. Although the German authorities tried not to deviate from the basic principles of this procedure, it was still forced to take into account that the contingentwho came from the USSR had certain socio-cultural characteristics: first, the national identity of many Germans was at a rather low level and secondly, among evacuees (mainly through mixed marriages)there was a significant percentage of people that belonged to other nationalities.

scholarly journals SOURCES OF THE POWER AND THE AUTHORITY OF MANAGERS

2018 ◽  
Vol 28 (1) ◽  
pp. 79-84
Author(s):  
Vojo Belovski ◽  
Biljana Todorova
Keyword(s):  
Interpersonal Relationships ◽  
Religious Media ◽  
The Status ◽  
The Will ◽  
The Republic ◽  
Intellectual Knowledge ◽  
The Right ◽  
And Behavior ◽  
Formal Power ◽  
Power And Authority

The paper starts from the general approach to the content and essence of the categories of power and authority and their interrelationship at the level of theoretical analysis and practical existence and manifestation.The sources from which the power and the authority of managers emerge will be analyzed taking into account their position and role in the organizations and other forms of the existence of the managerial function.The power is the right to order and obligation to respect / apply the order - it is very present in the work and behavior of the managers. The power is visible in the area of the state activities, in the education system, among the family.The authority represents carrying out the will even when it is contrary to the interests of others. You can talk about economic, ideological, religious, media authority, the authority of political parties and interest groups.Organizations are composed of persons who perform greater or lesser degrees of authority and power. Sometimes the power and authority in the organization arise from the position of a person in the organization or from the knowledge and skills that a person possesses. Others express their authority in interpersonal relationships through their character. In practice, it is seen that individuals have formal power and no real authority.Most directly, the authority of managers is derived from their functions / activities in the enterprise, from the right to command and direct other people in their tasks and responsibilities. Their power stems from the right and the ability to create an environment in which other individuals will participate in the realization of the organization's goals, in other words, the right to create an atmosphere that will encourage people to dedicate themselves to the work and development of the enterprise.The authority of managers arises from their intellectual knowledge, often higher than the knowledge of employees, which also activates authority as a voluntary acknowledgment of influence on the subordinate.Through an analytical approach, analyzes will be made on some issues and aspects of the status of managers in the Macedonian society, through projected grouping / classification of types of managers. Also, an answer to the question of why the managerial function in the Republic of Macedonia is reviving.

scholarly journals Employer’s Decision on Organizational Change and Business Management of the Company

2021 ◽  
Vol 9 (2) ◽  
pp. 21-41
Author(s):  
Helena Barancová
Keyword(s):  
Organizational Change ◽  
Business Management ◽  
Fundamental Importance ◽  
Labour Law ◽  
Right To Work ◽  
Constitutional Right

The employer’s decision on organizational change is subject of an amendment to the Labour Code, according to which this employer’s decision is a substantive precondition for the employer’s termination. The employer’s decision on organizational change is genetically linked to the termination as a basic legal act in the labour law. At this level, the employer’s decision on organizational change is of a fundamental importance for the area of termination in the labour law. The fact that the employer’s decision directly affects the validity of the termination is also related to the constitutional right to work as well as to the constitutional right to protect the employee from an unjustified dismissal. The Labour Code, at the same time, in § 63 par. 1 letter b) precisely enshrines not only the form of employer’s decision on organizational change, but also its content, and in § 9 it also establishes the persons authorised to act on behalf of the employer

scholarly journals Vision d'une révision du Code du travail

2005 ◽  
Vol 20 (4) ◽  
pp. 901-934
Author(s):  
Pierre Verge
Keyword(s):  
Collective Bargaining ◽  
Third Party ◽  
Collective Agreement ◽  
Labour Law ◽  
Legal Rules ◽  
Third Party Intervention ◽  
General Law ◽  
Legal Provisions ◽  
Labour Standards ◽  
Substantive Law

Would a codification of labour law — in the Continental meaning of the word, and not a mere consolidation of existing statutes — enhance the development of this field of law ? Would the resulting instrument be likely to generate more appropriate ways of dealing with labour situations, whether or not they pertain to a collective bargaining context ? Adjective as well as substantive law would have to be involved in such an exercise. The latter aspect raises the fundamental issue of the proper relationship between the general law — civil law essentially — and labour law. What degree of autonomy is necessary to the integrity of the specialized law ? Conversely, to what extent is the general law to be relied upon to provide the necessary second-line set of legal provisions ? For instance, the two sets of legal rules entertain different views as to the termination of the employment relationship and as to the effect of a collective agreement. A well-integrated body of labour law should, in the author's opinion, govern comprehensively labour situation. The codifying process would also aim at eliminating internal discrepancies and a simpler, more accessible legal subsystem would emerge. As to the adjective aspects of labour law, the identification of desirable forms of third-party intervention relating to both collective bargaining and labour standards legislation could lead to appropriate jurisdictional arrangements. In the case of industrial conflicts, of particular interest are the flexible powers of intervention with which the Canada and British Columbia labour boards are endowed. Consideration should also be paid to certain European models — namely the Conseil de prud'hommes — which allow both conciliation and adjudication to take place in the solving of normative law conflicts of application. A full-fledged Labour Code would indeed invite the setting up of a more authentic Labour Court.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PEKERJA ATAS HAK UPAH MINIMUM YANG BELUM SEPENUHNYA DIBAYAR (STUDI TERHADAP PUTUSAN NOMOR 58/K/PDT.SUS-PHI/2015)

2018 ◽  
Vol 1 (1) ◽  
pp. 389
Author(s):  
Safira Khairani ◽  
Andari Yurikosari
Keyword(s):  
Human Rights ◽  
Minimum Wage ◽  
Industrial Relation ◽  
Dispute Settlement ◽  
District Court ◽  
Wage Policy ◽  
Labour Law ◽  
Human Labour ◽  
The Will ◽  
The Republic

Work and fair and proper remuniration are human rights of every person as stipulated on Article 28 D (2) The 1945 Constitution of The Republic Indonesia. Indonesia Law Number 13 Of 2003 regulates the rights and duties among entrepeneur and workers. Wage shall be received by worker/labourer as remuniration from entrepeneur. Labour Law provides the protection to wage as worker/labour’s right, stipulating that Government establishes a wage policy that protects the rights of worker/labourer such as Minimum Wage in order to fulfill every worker/labourer’s right to earn an income that meets livelihood that is decent for human. Labour Law also stipulates the wage will not be paid if worker/labourer do not perform work unless the worker/labourer has the will to do the job as promised but the entrepeneur does not employ them. The main issue in this research is the workers/labourers of PT. Srirejeki Perdana Steel claimed that they did not received full wage on November 2013 causing the amount of some of their wages lower than the amount of Minimum Wage set under valid statutory legislation. PT. Srirejeki Perdana Steel, postulated the reduction of the wage happened due to an illegal strike performed by the workers/labourers. The verdict on Industrial Relation Dispute Settlement of Bandung District Court and Indonesia Supreme Court did not grant the workers/labourers demand to get the fulfillment of their reducted wage. This research aims to acknowledge whether the protection towards workers/labors’s wage as verdicted by court followed the ruling as stipulated in Labourer Law.

scholarly journals Development of a Conceptual Model for Diagnosis of Priority Directions of Science and Technologies

2019 ◽  
Vol 224 ◽  
pp. 06002
Author(s):  
Andey Oleynik ◽  
Andrey Gribkov ◽  
Leonid. Chervyakov ◽  
Lubomir Dimitrov
Keyword(s):  
Conceptual Model ◽  
Russian Federation ◽  
Science And Technology ◽  
Comprehensive Assessment ◽  
Key Factors ◽  
Basic Principles ◽  
Priority Areas ◽  
Forecasting Methods ◽  
The Status ◽  
The Russian Federation

This article is dedicated to the development of a conceptual model for diagnosing priority areas of science and technology of the Russian Federation. The basic principles of the formation of the model and an enlarged list of controlled indicators allow to conduct a comprehensive assessment of the status and development of priority areas of science and technology. . The description of instrumental forecasting methods and a generalized algorithm for identifying the key factors/parameters, which impede the development of the object of analysis and cause critical bottlenecks, has been presented.

Sign in / Sign up

Export Citation Format

Share Document