THE RULES OF REMUNERATION OF THE WORKER COOPERATIVE MEMBERS

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 377-386
Author(s):  
Tomasz Duraj

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.

2020 ◽  
pp. 85-99
Author(s):  
Milica Kovač-Orlandić

Starting from the assumption that employees enjoy the protection of private life in relation to their employers, this paper seeks to answer the question how the right to privacy as a civil right can be incorporated into labour law without, concurrently, undermining the nature of the employment relationship, and considering the subordination as its primary feature. Accordingly, the nature of this right is analysed and the conditions under which it can be restricted in the workplace. Taking into account that the breaches of privacy and even more subtle ways of breach have increased in frequency in the workplace, the author deals with the issue of monitoring the employee's communication, pointing to the high sensitivity of this topic, since at the same time numerous legitimate interests of the worker should be fulfilled, as well as of the employer. The aim of the paper is to point out that in this case, the consistent application of the principles of legitimacy, proportionality and transparency is crucial for balancing the conflicting interests of workers and employers.


2021 ◽  
Vol specjalny (XXI) ◽  
pp. 261-273
Author(s):  
Tomasz Duraj

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.


Author(s):  
Giovanni Gaudio

Abstract Labour law struggles to deal with the vertical disintegration of the enterprise, a phenomenon that questions the traditional bilateral and contractual analysis of the employment relationship and the unitary concept of the employer. Multiple employer patterns have been proposed by the Italian and English scholarship to try to sidestep the current impasse. However, these seem to be inconsistent with the existing legal framework and, in addition, it is debatable that they can be always instrumental in addressing the issues arising from the vertical disintegration of the enterprise. Nevertheless, an alternative and more nuanced analytical path can be followed. Labour law mostly takes the view that the employer is the contractual counterparty to the employee. Yet it also recognises that other entities can assume certain responsibilities of the employer in certain specific regulatory domains, where legislators recur to particular regulatory strategies often independent of a contractual analysis of the employment relationship. This article argues that the law takes this step not because these other legal entities are functionally akin to employers, but precisely in spite of the differences between them and the employer form. Rather than seeking to redefine the concept of employer, a better understanding of the subject must recognise that employment law consists of a kaleidoscopic blend of different regulatory domains, characterised by a range of different purposes, the achievement of which requires the adoption of different and even non-contractual normative tools. Adopting a variable geometry approach to frame the scope of labour laws would constitute a better analytical response to potentially restore the coherence and completeness of the scope of employment protective norms.


Author(s):  
Karol Stanioch

The article contains reflections on the legitimacy of introducing the presumption of the employment contract’s labor law character into the polish legal system, the possible shape of such a regulation and the manner of its introduction in relation to the axiological assumptions of the labour law. The author joins the discussion on the presumption by referring to the views presented by legal scholars on the subject and analyzing the presumptions existing in the Netherlands, Switzerland, and Slovenia. In his conclusions, he supports the introduction of the presumption in material and rebuttable form.


2020 ◽  
Vol 27 (4) ◽  
pp. 305-322
Author(s):  
Magdalena Rycak

Rights and obligations of parties to an employment relationship during the COVID-19 pandemic The article discusses the most important regulations regarding the rights and obligations of employers and employees during the COVID-19 pandemic, both for employees performing remote work and employees who, due to the nature of their work, must perform it at the workplace. In order to counteract COVID-19, the employer may instruct the employee to perform, for a fixed period, work specified in the employment contract, outside the place of its permanent performance (remote work). In the current situation, in principle, the employer may, whenever an employee performs remote work, order it for 180 days from the date of the Act’s entry into force. There appear a number of problems in the field of labour law when working remotely, including how to comply with OSH regulations, how to proceed in the event of an accident at work or control of working time. An employer may commission remote work to only part of the employees, e.g. those who have children. Yet, this should be justified by objective circumstances. The employer should take all available precautions, such as ordering remote work or even temporary closure of an enterprise, if his employees are infected with the SARS-CoV-2 virus in order to enable State Sanitary Inspection or physicians or himself to take action. During the epidemic, the employer also has the right to carry out preventive checks of employees’ temperature. There is no legal basis for employers to send their employees to quarantine themselves. The employer may also not allow an employee to work without a preliminary and control examination. The last part of the article deals with the so-called crisis agreements concluded with employee representatives.


2020 ◽  
Author(s):  
Thomas Pierson

The service contract practice of the “Reichsstadt” Frankfurt am Main is the subject of this study on the pre-industrial history of labour law. Using the concept of legal and socio-historical problem history as an analytical and structural instrument, legal, social and economic problem situations in the municipal service are identified, their solutions worked out and systematically developed on the basis of key questions of freedom, equality and social security. The basis are the contractual statements in the service letters (“Dienstbriefe”) of various social groups - such as servants and advocates, officers and craftsmen - on the right of dismissal, the assumption of risk, remuneration, etc. A longitudinal section shows the main lines of development from the 14th century to the end of the Altes Reich. They lead from an unregulated late medieval contractual practice to an increasingly civil servant-like status of Frankfurt city employees in the early modern period.


2020 ◽  
Vol 21 (1) ◽  
pp. 64-69
Author(s):  
Tulio Marques Carvalho Ferreira

ResumoO presente artigo científico visa tratar o fenômeno do assédio moral na relação de emprego. Esta conduta de prática ilícita traz consequências para o empregado, tendo os seus direitos fundamentais e a dignidade da pessoa humana violada. O assédio moral configura como conduta repetitiva e abusiva que atenta contra a integridade e dignidade da pessoa humana no ambiente de trabalho. Este fenômeno submete o empregado a perseguições, humilhações e maus tratos afetando a saúde física e psicológica do empregado. Nesse sentido se defende a valorização do empregado, que tem direito a um ambiente de trabalho sadio, prevenindo-se deste fenômeno que afeta o empregado. Geralmente, o empregado, o sujeito passivo assediado tem direito de pedir indenização do sujeito ativo (quem cometeu o assédio). Na legislação brasileira não há previsão com normas específicas sobre o assunto, mas os Tribunais trabalhistas buscam o amparo no texto Maior e nos Códigos civil e penal e na Consolidação das Leis Trabalhistas, tendo o julgador que observar o princípio da razoabilidade e proporcionalidade. No intuito de seguir as prerrogativas estabelecidas neste trabalho, baseando-se nos objetivos de analisar as noções do assédio moral, conceituação, as condutas que configuram tal agressão, os sujeitos e os tipos de assédio. A problemática se especificou em como evitar a prática desta conduta na relação de emprego. Por sua vez, a metodologia utilizada para averiguar este trabalho foi de ordem bibliográfica, fundamentando-se no acervo bibliográfico, a fim de ter conhecimento de como é tratado o assunto pela lei, doutrina e artigos científicos, obtendo-se maior conhecimento sobre o assunto. Palavras-chave. Assédio Moral. Relação de Emprego. Ambiente de Trabalho. Humilhações. AbstractThis scientific Article aims to address the phenomenon of moral harassment in the employment relationship. This unlawful practice conduct has consequences for the employee, having his or fundamental rights and the dignity of the violated human person. Moral harassment is a repetitive and abusive conduct that is attentive to the human person integrity and dignity in the working environment. This phenomenon subjects the employee to persecution, humiliation and ill-treatment affecting the employee’s physical and psychological health. In this sense, the employee's appreciation is defended, which has the right to a healthy working environment, preventing this phenomenon that affects the employee. Generally, the employee, the harassed person has the right to seek compensation from the harasser (who committed the harassment). In the Brazilian legislation there is no provision for specific rules on the subject, but the Labor courts seek support in larger text and in civil and criminal codes and in the Labor laws consolidation, with the judging party observing the principle of reasonableness and proportionality. In order to follow the prerogatives established in this paper, the objectives were based on the analysis on notions of moral harassment, conceptualization, the conducts that constitute such aggression, the subjects and the types of harassment. The problem has been made clear on how to avoid the practice of this conduct in the employment relationship. In turn, the methodology used to investigate this work was bibliographic, based on the bibliographic collection, in order to know how the subject is treated by law, doctrine and scientific articles, obtaining greater knowledge about the matter. Keywords. Moral harassment. Employment relationship. Work Environment. Humiliation


Author(s):  
Ali Hussein Hameed ◽  
Saif Hayder AL.Husainy

In the anarchism that governs the nature and patterns of international relations characterized by instability and uncertainty in light of several changes, as well as the information revolution and the resulting developments and qualitative breakthroughs in the field of scientific and advanced technological knowledge and modern technologies.  All of these variables pushed toward the information flow and flow tremendously, so rationality became an indispensable matter for the decision maker as he faces these developments and changes. There must be awareness and rationality in any activity or behavior because it includes choosing the best alternative and making the right decision and selecting the information accurately and mental processing Through a mental system based on objectivity, methodology, and accumulated experience away from idealism and imagination, where irrationality and anarchy are a reflection of the fragility of the decision-maker, his lack of awareness of the subject matter, his irresponsibility, and recklessness that inevitably leads to failure by wasting time and Effort and potential. The topic acquires its importance from a search in the strategies of the frivolous state and its characteristics with the ability to influence the regional, and what it revealed is a turning point in how to adapt from the variables and employ them to their advantage and try to prove their existence. Thus, the problem comes in the form of a question about the possibility of the frivolous state in light of the context of various regional and international events and trends. The answer to this question stems from the main hypothesis that (the aim which the frustrating state seeks to prove is that it finds itself compelled to choose several strategies that start from the nature of its characteristics and the goals that aim at it, which are centered in the circle of its interests in the field of its struggle for the sake of its survival and area of influence).


2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Rialdo Rezeky ◽  
Muhammad Saefullah

The approach of this research is qualitative and descriptive. In this study those who become the subject of research is an informant (key figure). The subject of this study is divided into two main components, consisting of internal public and external public that is from the Board of the Central Executive Board of Gerindra Party, Party Cadres, Observers and Journalists. The object of this research is the behavior, activities and opinions of Gerindra Party Public Relation Team. In this study used data collection techniques with interviews, participatory observation, and triangulation of data. The results of this study indicate that the Public Relations Gerindra has implemented strategies through various public relations programs and establish good media relations with the reporters so that socialization goes well. So also with the evaluation that is done related to the strategy of the party. The success of Gerindra Party in maintaining the party’s image in Election 2014 as a result of the running of PR strategy and communication and sharing the right type of program according to the characteristics of the voting community or its constituents.Keywords: PR Strategy, Gerindra Party, Election 2014


Edupedia ◽  
2019 ◽  
Vol 4 (1) ◽  
pp. 77-85
Author(s):  
Mohamad Aso Samsudin ◽  
Ukhtul Iffah

Teaching is an art means that the art of managing people who have a variety of different characters. The teacher should be able to recognize these different characters so that he can easily master them so that the subject is easily mastered by them. However, the teacher is not easy to do that. It is no less difficult in learning to do assessment, because when assessment teachers are required to be careful and meticulous so that the results are not wrong, be careful in determining appropriate measurement tools as measured, or careful in operating the right tools, especially teachers are required able to do a complete assessment (authentic) in three domains (cognitive, psychomotor, and affective). This article reviews how to carry out authentic assessments in Islamic Education (Pendidikan Agama Islam) learning.


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