LEGAL STATUS OF THE MEDIATOR

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 341-357
Author(s):  
Aneta Krasuń
Keyword(s):  
Legal Status ◽  
Labor Law ◽  
Legal Requirements

The purpose of this article is to analyze the legal status of the mediator in mediation proceedings, focusing primarily on mediators who have been appointed to handle cases in the field of labor law. In the presented publication, I will refer to the legal requirements with respect to the mediator, which are indicate d both in the provisions of law and in the provisions of statutory rank, and the requirements that are not of a normative nature.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

On the Labor-Law Status of Employees Caring for Disabled Children

2019 ◽  
pp. 76-79
Author(s):  
Viktoria Samsonova
Keyword(s):  
Legal Status ◽  
Total Duration ◽  
Labor Law ◽  
Labor Rights ◽  
Family Status ◽  
Disabled Children ◽  
Employment Relation ◽  
Her Family ◽  
Systemic Analysis ◽  
The Status

The article presents a systemic analysis of legal status of individuals caring for disabled children: a parent, an adopter, a guardian, a custodian, and a foster parent. The specificity of the status of such an individual is defined through combining employment and family duties that are carried out in the course of appearance, alteration, suspension, and termination of employment relation. The author demonstrates the difficulties of defining this status and examines the categories of individuals caring for disabled children with distinguishing peculiarities of the employment relation for each category. The labor-law status of an individual caring for a disabled child is temporary and does not always match the total duration of the labor-law status. The basic labor rights of an individual caring for a disabled child are based on his or her family status which is associated with a particular legal connection between a disabled child and a subject caring for him or her. The author formulates the definitions of such notions as «an individual caring for a disabled child» and «labor-law status of an individual caring for a disabled child».

Beschaffungsdienstleister im Vergabeverfahren

2022 ◽  
Author(s):  
Nicole Lieb
Keyword(s):  
Real World ◽  
Service Provider ◽  
Legal Status ◽  
Public Procurement ◽  
Division Of Labour ◽  
Legal Requirements ◽  
Legal Policy ◽  
Policy Suggestions ◽  
Comprehensive Manner ◽  
First Time

For the first time, this research opens up the field of procurement services, which has long existed in the real world, in a profound and comprehensive manner by developing a phenomenology and typology based on Art. 2 (1) No. 17 Directive 2014/24/EU. In essence, Nicole Lieb sheds light on the legal status of the procurement service provider and examines the legal requirements for the division of labour between it and the contracting authority in the context of an award procedure (the whether, the how and the consequences). Finally, valuable legal policy suggestions are made for the professionalisation of public procurement.

Labor Law: Legal Status of Sit-down Strike: Legal and Equitable Remedies

1937 ◽  
Vol 35 (8) ◽  
pp. 1330
Author(s):  
Charles C. Spangenberg
Keyword(s):  
Legal Status ◽  
Labor Law

scholarly journals Legalitas Transaksi Jual Beli Sepeda Motor Tanpa Bukti Kepemilikan dalam Perspektif Sadd Al-Żarī‘Ah

2020 ◽  
Vol 3 (2) ◽  
pp. 203
Author(s):  
Nahara Eriyanti ◽  
Ayu Sarami
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Case Study Research ◽  
Legal Requirements ◽  
The Public ◽  
The People ◽  
Vehicle Registration ◽  
Proof Of Ownership ◽  
Level Of Understanding

<p><em>This study is aimed to find out how the legal status of buying and selling motorbikes without vehicle registration STNK and BPKB, where many of the people of the District of Kebharga, especially Kala Lengkio Village and Mendale Village, conduct transactions of buying and selling motorbikes without STNK and BPKB. In general, buying and selling carried out by the public has fulfilled the legal requirements of buying and selling in Islam, which does not explain in detail that buying and selling motorbikes without the STNK of BPKB is a sale and purchase which is canceled. Unlike the case with the police which states that buying and selling motorbikes without a STNK and BPKB is a canceled sale. Based on the description above that is the focus of research on the formulation of the problem namely: how to buy and sell motorbikes without proof of ownership in the community of the District of Kebayakan and how is its legality from the perspective of sadd al-‘arī‘ah ?. In this study the author uses the case study research method then analyzed using the theory of sadd al-‘arī‘ah, then in the technique of collecting data the author uses interviews / interviews. The results of the study that the authors get about buying and selling motorbike transactions without proof of ownership and analyzed using the theory of sadd al-īarī'ah that looks at the benefits and mafsadat arising, then the motorcycle sale and purchase transactions without proof of ownership there is a level of understanding that is superior to with benefit, the sale and purchase of the people of the district is a sale that must be prevented and must also be avoided by the community because the sale can cause a lot of damage even though the sale of a motorcycle is a sale that is in accordance with the terms and conditions of the legal sale.</em></p>

scholarly journals Peculiarities of labor of medical and pharmaceutical workers: a comparative analysis of legislations of Kazakhstan and some OECD countries

2021 ◽  
Author(s):  
Guzal Gazinurovna Galiakbarova
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Health Systems ◽  
Legal Status ◽  
Scientific Research ◽  
Labor Law ◽  
Oecd Countries ◽  
Legal Regulation ◽  
National Legislation ◽  
Comprehensive Study

  This article discusses some issues of labor regulation of medical and pharmaceutical workers, the peculiarities of health systems in some countries of the Organization for Economic Cooperation and Development, a comparative analysis of their experience and Kazakhstan is carried out. The specificity of the legal status of medical and pharmaceutical workers is also considered, which is explained by the fact that its regulation is based not only on general norms of labor law, but also on special regulations affecting various features of the activities of this category of workers. At the same time, it is noted that the basis of the legislative regulation of the work of medical and pharmaceutical workers is the generally recognized principles and norms of international law, as well as the norms of national legislation.  The article focuses on the fact that among the variety of sources concerning the legal status of various categories of workers, there is no separate comprehensive study devoted to the peculiarities of legal regulation of both medical and pharmaceutical workers, in connection with which the chosen topic of scientific research is updated.

scholarly journals May the advanced biometric electronic signature be applicable in public administration?

2018 ◽  
Vol 325 ◽  
pp. 455-462
Author(s):  
Sándor P. Bartók ◽  
Péter Máté Erdősi
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Legal Aspects ◽  
Legal Requirements ◽  
Biometric Data ◽  
Electronic Signature ◽  
Electronic Signatures ◽  
Building Trust ◽  
Free Part ◽  
Device Free

Electronic signature is a technology-neutral collective noun. Therefore, several different implementations compose the known types of electronic signatures. Many classifications may be defined, for instance from technological and legal aspects. In reference to acceptability, legal status of a given signature seems to be the most important attribute for transaction partners in the e-Administration. Full probative force is usually required by Public Administration and it is also a need for building trust between untrusted partners. It can be achieved by the well-known qualified electronic signature. The qualified signature creation method requires a secure qualified electronic signature creation device and qualified certificate, although in many cases a simpler but still secure signature is also able to fulfil legal requirements ensuring the validity of transactions. On the citizen side, device dependency and relating costs were considered the major obstacles against overall usage of electronic signature technology between 2005 and 2015. Our paper intends to argue that creating advanced electronic signature is not impossible by using the signatory's biometric data and it may also be an optionally client-friendly, but not a device-free part of the e-Administration, beside the citizen card.

scholarly journals Legal status and labor legal entity in the science of labor law

2021 ◽  
pp. 185-188
Author(s):  
A. Markin ◽  
L. Timchenko
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Labor Law ◽  
Legal Protection ◽  
Protective Function ◽  
Legal Personality ◽  
Hired Labor ◽  
Definition Of ◽  
The Individual ◽  
Economic Formation

The article is de-voted to the category of legal status and labor legal personality in the science of labor law, represents the ratio of the terms “person” and “personality”. Legal personality is a fundamental legal category because it determines the ability of a person to own the law. Legal personality is a developing legal property that reflects the specifics of social relations, the peculiarities of socio-economic formation, determine the place of the individual in society as a whole, and the field of a particular branch of law in particular. The realities of a market economy objectively necessitate a clear definition of legal personality as a fundamental legal category in the field of labor law to ensure the priority of contractual regulation of legal relations on the use of hired labor and, at the same time, effective implementation of the protective function of labor law. The author singles out three types of legal status: general (single) legal status for all citizens of our state; general status for all employees (employees); special or special status for certain categories of workers.Legal status is one of the central concepts of modern legal science, it was developed by many scholars of both the Soviet and modern periods.  The author substantiates that the key elements of the legal status of the employee in labor relations are his legal personality. Particular attention is paid to the structure of the legal personality of the employee. It is proved that the legal capacity and capacity of the employee are the only indivisible phenomenon - legal personality. Substantiations are presented that the second necessary element of the legal personality of the employee is the ability to work. The current legal and legal status of the individual in almost the entire post-Soviet space is characterized by such features as extreme instability, weak legal protection, lack of reliable guarantee mechanisms, the inability of state authorities to effectively ensure the interests of citizens, their right to life, freedom, honor, dignity, property, security, equality, social justice and more.

scholarly journals PROCESSO HISTÓRICO DE FORMAÇÃO DA JUSTIÇA DO TRABALHO NO BRASIL: DO CONSELHO NACIONAL DO TRABALHO AO TRIBUNAL SUPERIOR DO TRABALHO

2019 ◽  
Vol 1 (54) ◽  
pp. 266
Author(s):  
Rafael Lamera Giesta CABRAL ◽  
Eddla Karina Gomes PEREIRA ◽  
Vitória Virna Girão CHAVES
Keyword(s):  
Social Security ◽  
Strong Influence ◽  
Historical Perspective ◽  
Legal Status ◽  
Labor Law ◽  
Advisory Body ◽  
The Social ◽  
First Republic ◽  
History Of ◽  
Historical Contribution

RESUMO A evolução da legislação trabalhista e previdenciária brasileira, desde a Primeira República até 1930, pode ser compreendida a partir da história de suas instituições. Trabalho e previdência social estão inseridas em um contexto de mudanças complexas que incorporaram mecanismos administrativos e judicantes para efetivaras leis até então elaboradas. Como primeira instituição, surge, em 1923, o Conselho Nacional do Trabalho (CNT), órgão inicialmente consultivo, cujas funções ampliaramse até assumir um caráter jurídico, sendo transformado em Tribunal Superior do Trabalho (TST). Neste artigo, busca-se, através de pesquisa bibliográfica e documental, analisar os principais pontos dessa transformação, partindo de uma perspectiva histórica e da hipótese de que essa transição trouxe forte influência para a compreensão social da Justiça do Trabalho. Observa-se que o CNT foi essencial para criar procedimentos e argumentos que são utilizados no âmbito da Justiça do Trabalho, possuindo uma contribuição histórica significativa para a ampliação e fortalecimento do Direito do Trabalho. PALAVRAS-CHAVE: Conselho Nacional do Trabalho; Justiça do Trabalho; Tribunal Superior do Trabalho. ABSTRACTThe evolution of the Brazilian labor and social security legislation – from the First Republic until 1930 –can be understood from the history of its institutions. Work and social security are embedded in a context of complex changes that incorporatedmanagerial and judicial mechanisms to implement the laws that have been elaborated. In this context, the National Labor Council (CNT) was created in 1923, an initial advisory body, whose functions were extended to a legal status and transformed into a Superior Labor Court (TST). In this article, we aim to analyze – through bibliographical and documentary research – the main points of this transformation, starting from a historical perspective and the hypothesis that this transition brought a strong influence on the social understanding of Labor Justice. It was noted that the CNT was essential to create procedures and arguments that are used in the scope of Labor Justice. The CNT also had a significant historical contribution to the expansion and strengthening of Labor Law. KEYWORDS: National Labor Council; The Labor Court; Superior Labor Court.

scholarly journals Separatist Creditors vs Preferred Creditors Rights in the Bankruptcy Case Based on the Decision of Constitutional Court of 2013

FIAT JUSTISIA ◽  
2019 ◽  
Vol 13 (3) ◽  
pp. 231
Author(s):  
Rilda Murniati ◽  
Desma Cahya Selvya
Keyword(s):  
Judicial Review ◽  
Legal Status ◽  
Labor Law ◽  
Bankruptcy Law ◽  
Constitutional Court ◽  
The Right ◽  
Case Based

Workers are preferred creditors whose payment must take precedence in the bankruptcy of the company. Problems in practice occur in the company's assets as collateral for debt to separatist creditors so that workers' rights are ruled out. Therefore, workers submit applications for judicial review of the Bankruptcy Law and Labor Law. This study is normative research using primary legal materials, namely laws and case study decisions that are analysed qualitatively. The results of the study and discussion determined that the Bankruptcy Law and the Labor Law regulate the same as the legal status of workers as preferred creditors who are entitled to prioritize payment in the distribution of bankrupt assets strengthened by the results of a judicial review in Decision of the Constitutional Court Number 67/PUU-XI/2013 The right of workers to wages is prioritized and calculated from collateral objects which are the rights of separatist creditors. For this reason, curators with authority must share the right of separatist creditors and preferred creditors with the principle of balance and justice so that all the assets of a bankrupt company can pay off the debts of its creditors.

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