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.

THE RULES OF REMUNERATION OF THE WORKER COOPERATIVE MEMBERS

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 377-386
Author(s):  
Tomasz Duraj
Keyword(s):  
Employment Relationship ◽  
Labour Law ◽  
The Subject ◽  
The Right ◽  
Worker Cooperative ◽  
Economic Risks

The subject of the foregoing study is an analysis of the specific rules for the remuneration of members of a worker cooperative who, by contributing to the organisation, participate in the economic risks associated with its operation. Each member of a worker cooperative is guaranteed the right to participate in the profit (balance surplus) of the cooperative, but at the same time participates in covering its losses up to the amount of the declared contribution. This special status of members of a worker cooperative, together with the obligation to work for that organisation on the basis of an employment relationship, has an impact on the remuneration of that category of workers. This can be seen in the structure of their remuneration, which consists of the current salary and the share of the balance surplus to be distributed among the members in accordance with the rules laid down in the statutes. Moreover, the current salary of a member of a worker cooperative and his share of the balance surplus are under protection provided by labour law for the remuneration of the employees.

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.

TEACHING THE CIVIL LAW AT LOUVA1N AS REPORTED BY SCOTTISH STUDENTS IN THE 1430s (MSS. ABERDEEN 195-197) with addenda on Henricus de Piro (and Johannes Andreae)

1996 ◽  
Vol 65 (2) ◽  
pp. 245-279
Author(s):  
Robert Feenstra
Keyword(s):  
Civil Law ◽  
Private Collection ◽  
History Of ◽  
History Of The University ◽  
The Subject ◽  
Formed Part ◽  
One Year ◽  
Law Student ◽  
The University ◽  
Law Professors

AbstractIn my recent study on Henricus Brunonis de Piro1 I already announced the publication of further research on three manuscripts of the Aberdeen University Library - nos. 195, 196 and 197 - which contain lectures on civil law by professors of Louvain University in the 1430s. These manuscripts once formed part of the private collection of Bishop William Elphinstone, founder of the University of Aberdeen. He had inherited this part of the collection from his father, also named William, who was a law student at Louvain from 1431 to 1433. My attention was drawn to these documents by Dr. Leslie Macfarlane of the Department of History of the University of Aberdeen when I was lecturing at this university in 1959 on the invitation of Professor Peter Stein. One year earlier, in 1958, Dr. Macfarlane had published a very useful description of the Elphinstone collection2; as to our three manuscripts he had made an effort to find out some details about the Louvain law professors mentioned by Elphinstone but a number of questions remained open. I promised to have a closer look at the texts and to show their importance for our knowledge of civil law studies at Louvain in this period. With the help of my then Ghent colleague Egied Strubbe, who immediately showed a great interest in the subject, a full set of copies of the manuscripts3 was put at my disposal and I started my research. Provisional results were presented in guest lectures at Belgian and British universities as early as 1960-19614 and I returned to the matter on various

2. The nature of the express trust

2019 ◽  
pp. 14-59
Author(s):  
JE Penner
Keyword(s):  
Civil Law ◽  
The Core ◽  
Bona Fide ◽  
The Subject ◽  
The Way

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following concepts: the express trust and trusts arising by operation of law; the way in which beneficiaries of trust receive the benefits of the trust assets; beneficial, legal, and equitable interests in property; trustees and fiduciaries; the personal and proprietary nature of the trust; bare trusts, special trusts, and nomineeships; the nature of the beneficiary’s right; the bona fide purchaser; property and obligations; a note on trusts for civil lawyers; the civil law trusts in Quebec and Scotland; the context of insolvency, and testamentary gifts.

TERMINATION OF THE EMPLOYMENT RELATIONSHIP OF AN ACADEMIC TEACHER

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 455-464
Author(s):  
Paulina Daniluk
Keyword(s):  
Higher Education ◽  
Employment Relationship ◽  
Employment Contract ◽  
The Subject ◽  
Academic Teachers ◽  
Contract Teachers ◽  
Relationship Of ◽  
Academic Teacher

The subject of the article is an analysis of changes in the procedure in which the termination and expiry of the employment relationship of academic teachers takes place on the basis of the Act on Higher Education and the Act on Higher Education and Science replacing this act. On the basis of the repealed act the employment relationship with academic teachers was established on the basis of an appointment or an employment contract. Depending on the basis for establishing the employment relationship, the issues of the possibility of terminating the employment relationship with an academic teacher were also different. The result of the introduction of new regulations on termination of the employment relationship of an academic teacher is the equalization of the situation of appointed and contract teachers in this respect, and thus weakening the protection against termination of employment of appointed teachers.

scholarly journals PROBLEM PRACOWNICZEGO PODPORZĄDKOWANIA KADRY KIEROWNICZEJ NAJWYŻSZEGO SZCZEBLA W ORGANIZACJACH GOSPODARCZYCH – ARTYKUŁ DYSKUSYJNY

2017 ◽  
Vol 9 (2) ◽  
pp. 279
Author(s):  
Tomasz Duraj
Keyword(s):  
Civil Law ◽  
Labor Law ◽  
Senior Management ◽  
Employment Relationship ◽  
Employment Relations ◽  
Senior Managers ◽  
Management Hierarchy ◽  
The Subject ◽  
Atypical Employment ◽  
Relationship Of

The Problem of Employment Subordination of Senior Management in Economic OrganizationsSummaryThe subject of this study is to show the doubts and controversies that appear in the doctrine of labor law and judicial decisions in the interpretation of employment subordination of senior management in economic organizations.Taking into consideration the specificity of functions performed by senior management, the employment relationship of these employees is so much different from the typical standards that in the literature on the subject there has developed a view that there exists, in the case of the discussed category of senior managers, a not typical or even atypical employment relationship. This untypical nature is the reason why some institutions or requirements regulated in the labor law are not applicable to this group of managers, or lose their usefulness or even sense, as inadequate in view of the specific character of the managerial function. In relation to this issue, the most interesting appears the problem of interpretation of the employment subordination of senior management, taking into consideration the fact, that those employees, being on the top of the management hierarchy in a given organization, work in the condition of relative independence, being characterized by the absence of a superior and considerable freedom in the area of organizing own work in terms of time and place.The author of the article is critical of the multitude of the approaches to understanding the employment subordination of senior management. It must be remembered, that subordination is considered the most important (constitutive) feature of employment relationship, differentiating it from other employment relations (especially those of civil law character), and at the same time indicates the scope of use of employment relationship, also with regard to managers. This situation leads to blurring the differences, which are already vague, between labor law and civil law forms of employing managing personnel, creating a state of uncertainty about a lawful choice of one of the mentioned here in basis of employing senior managing personnel.

scholarly journals GENERAL AND SPECIAL DISCIPLINARY RESPONSIBILITY

Social Law ◽  
2019 ◽  
Author(s):  
D. Zherebtsov
Keyword(s):  
Legal Regulation ◽  
Employment Relationship ◽  
Public Servants ◽  
Employment Contract ◽  
National Legislation ◽  
The Subject

The article is devoted to the study of legal regulation of disciplinary responsibility of employees. The expediency of separation of general and special disciplinary responsibility is substantiated. Specific features of special disciplinary responsibility are outlined. Proposals for improving national legislation providing for disciplinary liability are provided. In particular, it is proposed in all special laws that provide for disciplinary liability to clearly link all disciplinary penalties to specific disciplinary offenses. The peculiarities of disciplinary responsibility are presented, one of which is the use of penalties by the subject of employment relationship, namely the employer, which makes disciplinary responsibility one of the expressive powers of the employer in relation to the employee who has concluded an employment contract with him. The main differences between the special disciplinary responsibility and the general are noted, namely: 1) the circle of persons to whom it applies; 2) types of disciplinary sanctions; 3) the number of persons who may apply disciplinary sanctions; 4) the procedure for applying the penalties; 5) the procedure for appealing disciplinary penalties. It is substantiated that the special disciplinary responsibility of employees differs from the general broader content of disciplinary misconduct, more severe sanctions. An analysis of the national legislation was carried out, which allowed to identify a number of laws establishing the peculiarities of disciplinary responsibility. It is noted that all the above laws establish disciplinary liability only for a clearly defined circle of employees. Attention is drawn to the fact that although the aforementioned laws apply to public servants, they lack unanimity, above all in the amount of disciplinary sanctions that may be imposed on the employees concerned. It is proposed in all special laws that provide for disciplinary responsibility to clearly attach all disciplinary penalties to specific disciplinary offenses.

IMPROVING STUDENTS’ ACHIEVEMENT IN SPEAKING THROUGH TWO STAY TWO STRAY STRATEGY

2013 ◽  
Vol 2 (2) ◽  
Author(s):  
Dita Masyitah Sianipar And Sumarsih
Keyword(s):  
Action Research ◽  
Learning Process ◽  
Quantitative Data ◽  
Test Score ◽  
Qualitative Data ◽  
Speaking Test ◽  
The Subject ◽  
The Mean ◽  
Teaching Learning ◽  
The Way

This study deals with the way to improve students’ achievement in speaking particularly through Two Stay Two Stray Strategy. This study was conducted by using classroom action research. The subject of of the research was class X-AP SMK Swasta Harapan Danau Sijabut in Asahan Regency that consisted of 34 students. The research was conducted in two cycles consisted of three meetings in each cycle. The instruments of collecting data for quantitative data used Speaking Test and instrument for analysis of qualitative data used observation, interview and questionnaire sheet. Based on the speaking test score, students’ score kept improving in every test. In the test I the mean was 61,47, in the test II the mean was 67,41 and the test III the mean was 78,52. Based on observation sheet and questionnaire sheet, it was found that teaching learning process run well and lively. Students were active and interest in speaking. The using of Two Stay Two Stray Strategy is significantly improved students’ achievement in speaking.

Tanks in the Spa Town. The New Book about the Events of the Year 1968 in Czechoslovakia

2019 ◽  
Vol 14 (1-2) ◽  
pp. 278-282
Author(s):  
Kirill A. Popov
Keyword(s):  
Fiftieth Anniversary ◽  
Warsaw Pact ◽  
Scientific Event ◽  
The Social ◽  
Prague Spring ◽  
The Subject ◽  
Scientific Terms ◽  
Selection Of ◽  
Regional Perspective ◽  
The Way

This review is devoted to the monograph by Jan Nedvěd “We do not decline our heads. The events of the year 1968 in Karlovy Vary”. The Karlovy Vary municipal museum coincided its publishing with the fiftieth anniversary of the Prague spring which, considering the way of the presentation, turned the book not only to scientific event but also to the social one. The book describes sociopolitical trends in the region before the year 1968, the development of the reformist movement, the invasion and advance of the armies of the Warsaw Pact countries, and finally the decline of the reformist mood and the beginning of the normalization. Working on his writing, the author deeply studied the materials of the local archive and gathered the unique selection of the photographs depicting the passage of the soviet army through the spa town and the protest actions of its inhabitants. In the meantime, Nedvěd takes undue freedom with scientific terms, and his selection of historiography raises questions. The author bases his research on the Czech papers and scarcely uses the books of Russian origin. He also did not study the subject of the participating of the GDR’s army in the operation Danube, although these troops were concentrated on the borders of Karlovy Vary region as well. Because of this decision, there are no materials from German archives or historiography in the monograph. In general, the work lacks the width of studying its subject, but it definitively accomplishes the task of depicting the Prague spring from the regional perspective.

AUX FONDEMENTS DE L’INSTITUTION ECCLÉSIALE: LA POSITION DE SAINT PIERRE PARMI LES APÔTRES (MT 16, 13–20) ET SON RETENTISSEMENT Á L’ÉPOQUE APOSTOLIQUE ET PATRISTIQUE

2016 ◽  
Vol 9 (1) ◽  
pp. 91-105
Author(s):  
Jacek Wojda
Keyword(s):  
Special Role ◽  
Church Community ◽  
Special Place ◽  
The Subject ◽  
The Church ◽  
The Way

Big activity passed Popes, with the least Francis Bergoglio, is a question about receptiontheir lives and action, especially in times of modern medium broadcasting. Sometimes presentedcontent could be treated as sensation, and their receptiveness deprived of profound historical andtheological meaning. This article depends of beginnings of the Church, when it started to organizeitself, with well known historically-theological arguments. Peter confessed Jesus as the Christ andgot special place among Apostles. His role matures in young Church community, which is escapingfrom Jewish religion.Peter tramps the way from Jerusalem thru Antioch to Rome, confirming his appointing to thefirst among Apostles and to being Rock in the Church. Nascent Rome Church keeps this specialPeter’s succession. Clement, bishop of Rome, shows his prerogatives as a successor of Peter. Later,bishop of Cartagena, Cyprian, confirms special role both Peter and each bishop of Rome amongother bishops. He also was finding appropriate role for each of them. Church institution, basedon Peter and Apostles persists and shows truth of the beginnings and faithfulness to them innowadays papacy.Methodological elements Presented in the introduction let for the lecture of Gospel and patristictexts without positivistic prejudices presented in old literature of the subject.

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