EMPLOYEE LOYALTY IN RELATION TO THE WHISTLEBLOWER DIRECTIVE

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 321-329
Author(s):  
Łukasz Łaguna
Keyword(s):  
Public Interest ◽  
Employee Loyalty ◽  
Employment Relationships ◽  
The Public ◽  
Competitive Activity ◽  
Duty Of Loyalty ◽  
The Individual ◽  
Unit Unit ◽  
Unlawful Conduct ◽  
The Relationship

The whistleblower protection directive may have a significant impact on the essence of understanding employee loyalty in employment relationships. In this paper I argue that the possibility of whistleblowing does not contradict employee duties as expressed in Article 100 § 2 section 4 of the Labor Code. In my opinion, the thesis should be put forward that the employee’s duty of loyalty is limited to the employer’s lawful actions. It would be unacceptable to state that the employment relationship restricts the employee’s freedom of speech in the sense that it prohibits the employee from opposing the employer’s unlawful conduct. Moreover, in my view, the employee’s duty of loyalty should be interpreted in such a way that it is horizontal in nature. This is because it refers to business relations between market entities. The doctrine and judicature extensively describe breaches of the duty of loyalty by employees in the context of horizontal relationships, relating to other market players, particularly those engaged in competitive activity (the unit-unit relationship). In contrast, the provisions of the Directive on the protection of whistleblowers are vertical standards, relating to the relationship between the individual and the state (public interest). Thus, in my view, the duty of loyalty to the employer cannot outweigh the possibility of acting in the public interest, which is emanated by the provisions of the Directive.

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

Związek publicznej obecności Kościoła w Polsce z preferencjami wyborczymi elektoratu w 2011 roku

1970 ◽  
Vol 23 (301) ◽  
pp. 72-92
Author(s):  
Karolina Dłuska
Keyword(s):  
Public Space ◽  
Catholic Church ◽  
Public Television ◽  
The Public ◽  
The Subject ◽  
The Individual ◽  
The Military ◽  
Religious Nature ◽  
The Relationship ◽  
The Catholic Church

The author of the article tries to indicate the relationship between the perceived presence of the Catholic Church in public life and the election preferences of Poles. The subject of the research here is the parliamentary elections in Poland in 2011 in the context of the perception by the electorate of the individual parties of the public presence of the Catholic Church in the selected aspects. Among them, the author points to: the issue of crosses and other religious symbols in public space, including the issue of a cross in the Sejm meeting room. She also recalls such matters as: religion lessons in schools, the religious nature of the military oath, priests appearing on public television, the Church taking a stand on laws passed by the Sejm and priests telling people how to vote in elections. The presented analysis is based on the results of the Polish General Election Study 2011.

scholarly journals THE RELATIONSHIP BETWEEN PUBLIC SERVICES MOTIVATION AND ETHICAL LEADERSHIP WITH ORGANIZATION PERFORMANCE AT MILITARY TRAINING ACADEMY, NDUM.

2021 ◽  
Vol 4 (18) ◽  
pp. 01-08
Author(s):  
Fauzahani Pairan ◽  
Jessica Hai Liaw Ong ◽  
Mohd Juraimy Kadir ◽  
Nora Ibrahim
Keyword(s):  
Organizational Performance ◽  
Public Service ◽  
Ethical Leadership ◽  
Public Interest ◽  
High Performance ◽  
Military Training ◽  
Public Service Motivation ◽  
Quantitative Research Methods ◽  
The Public ◽  
The Relationship

A public organization is an important sector in the administration of the Nation and it needs to remain relevant and accepted by society. The sub-sector such as services and security are the most important organizations that require high performance in society and the country to ensure security is always guaranteed. Military Training Academy, NDUM is an organization involved in various security and humanitarian operations either nationally or internationally. Accordingly, this study was conducted to assess employee motivation in public service activities by using the Public Service Motivation Model (PSM). The elements contained in the model are an attraction to public policymaking, commitment to the public interest, self-sacrifice, compassion, and ethical leadership. This study aims to analyze the relationship between Public Service Motivation (PSM) and organizational performance with ethical leadership among employees in Military Training Academy, NDUM. Quantitative research methods were used and questionnaires have been distributed to staff and instructors in Military Training Academy, NDUM, located in Kuala Lumpur by distributing the questionnaire and analyzed using SPSS 19. The results of this study showed that the attraction towards public policy-making (t=1.927, p>0.01), commitment to public interest (t=0.289, p>0.01), self-sacrifice (t=1.623, p>0.01), compassion (t=0.704, p>0.01) and ethical leadership (t=7.071, p<0.01). Ethical leadership encourages employees to participate in community service programs and improve organizational performance.

Parody and Moral Rights

2019 ◽  
pp. 167-195 ◽  
Author(s):  
Sabine Jacques
Keyword(s):  
Public Interest ◽  
Copyright Law ◽  
Moral Rights ◽  
Economic Rights ◽  
The Public ◽  
The Relationship ◽  
Personal Interests ◽  
Scope Of Protection

This chapter examines the relationship between parody and an author’s moral rights. It first traces the evolution of the concept of moral rights as a means of providing protection not only of the authors’ personal interests but also the public interest before discussing the reasons why moral rights might conflict with parodies. It considers two competing theories underlying the protection of authorial interests—the ‘monist’ theory and the ‘dualist’ theory—and their implications for the parody exception. It also explains how jurisdictions differ in the nature and scope of protection afforded to moral rights, noting that the parody exception in ‘copyright’ law does not extend to moral rights. The chapter goes on to explore the author’s paternity and integrity rights as well as their right against false attribution. It shows that, in the case of parodies, an overlap exists between the regimes applied to moral and economic rights.

Basic Income as a Human Right?

2019 ◽  
pp. 541-552
Author(s):  
Daniel J. Hemel
Keyword(s):  
Human Rights ◽  
Public Goods ◽  
The State ◽  
Human Being ◽  
Basic Income ◽  
Human Right ◽  
Global Commons ◽  
The Public ◽  
The Individual ◽  
The Relationship

This chapter suggests a human rights–based justification for national basic income schemes, contrasting it with justifications based on welfarist principles or notions of entitlement to a share of the global commons. Starting from the premise that a state is a collective enterprise that generates a surplus, it contends that any human being who is an “obedient” member of that state has a right to some share of the surplus. That right—which arises from the relationship between the individual and the state, and is independent of need—could justify the entitlement to a basic income. Such income should be provided in cash, not in kind, because the latter risks depriving the individual of the enjoyment of his share of the surplus—in effect, forcing him to forfeit or transfer it to others if he does not use the public goods or services provided by the state.

Police Powers of Criminal Investigation: Principle or Pragmatism

1980 ◽  
Vol 11 (3) ◽  
pp. 283-320 ◽  
Author(s):  
Terry Carney ◽  
Judd Epstein
Keyword(s):  
Public Interest ◽  
Criminal Investigation ◽  
The Public ◽  
Police Powers ◽  
Strong Case ◽  
Efficient Detection ◽  
The Individual

This article will examine the divergence between law and practice in criminal investigation by police and consider the degree to which it may contribute to an imbalance between the interests of the individual and the public interest in the efficient detection and investigation of crime. It will be argued that the imprecision of the existing law and the failure by the legislature to accord new, tightly-defined, specific-purpose powers to the police have made a major contribution to the pressure on police to misuse existing (and often more intrusive) powers or to exercise de facto powers not authorised by law. It is contended that this pressure often arises from a desire by police to find a more practical means of attaining agreed community objectives than that provided by the artificial standards of the existing law. A strong case can therefore be advanced in favour of refurbishing police powers to accord (more closely) with present conditions, while at the same time strengthening the safeguards cast around those powers. This article will argue that case.

The Relationship between the Korean Dawn Prayer Meeting and Spirituality

2019 ◽  
Vol 49 (2) ◽  
pp. 206-219
Author(s):  
Jonghyun Kim
Keyword(s):  
Christian Spirituality ◽  
Public And Private ◽  
The Public ◽  
Individual Spirituality ◽  
The World ◽  
History Of ◽  
Dawn Prayer Meeting ◽  
The Individual ◽  
The Relationship

This article analyzes the formative power of the Korean dawn prayer service to better understand the public and private dimensions of Christian spirituality. It explores the origin of the dawn prayer in the history of Korean Protestantism, and examines an example from a particular church. On the basis of this exploration, it is argued that the dawn prayer service should not be understood as an instrument to strengthen individual spirituality, but rather as a place to participate in God’s redemptive work to and for the world. Both the individual and communal aspects of dawn prayer practice are important, but I will argue that current Korean practice leans too much toward the individual.

The Principle of Proportionality

2018 ◽  
Author(s):  
Takis Tridimas
Keyword(s):  
Twentieth Century ◽  
Public Interest ◽  
Early Stage ◽  
Fundamental Principle ◽  
The Rule Of Law ◽  
The Public ◽  
Principle Of Proportionality ◽  
The Individual ◽  
Constitutional Adjudication ◽  
Freedom Of Action

The principle of proportionality is the most oft-invoked and, in terms of its role in constitutional adjudication, the most influential principle of EU law. The principle was developed in continental legal systems, especially in Germany and France, in the twentieth century. Even at an early stage in the development of EEC law, proportionality had already been pronounced by the Court of Justice to be a fundamental principle deriving from the rule of law and requiring in particular that ‘the individual should not have his freedom of action limited beyond the degree necessary in the public interest’.

Should Research Ethics Committees Be Observing the Law or Working by Ethical Principles?

2005 ◽  
Vol 1 (1) ◽  
pp. 23-26 ◽  
Author(s):  
Charles Warlow
Keyword(s):  
Clinical Research ◽  
Research Ethics ◽  
Public Interest ◽  
Ethics Committees ◽  
Unintended Consequences ◽  
Research Ethics Committees ◽  
Individual Interest ◽  
The Public ◽  
The Law ◽  
The Individual

Recent laws, and their interpretation, have made clinical research more difficult to do, and sometimes impossible. Furthermore the results of that research which can be done may even be unreliable. This is certainly against the public interest, and indeed the individual patient interest as well. But ethics committees have to abide by the law and so even though it is surely unethical to work against the public and individual interest that is exactly what ethics committees now have to endorse. The unintended consequences of the new regulations must be reduced by amending the law.

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