APPROPRIATENESS OF USING THE THEORY OF PERSONNEL MANAGEMENT IN EMPLOYMENT LAW

The Author considers that it is reasonable to use the theory of personel management to interpret the provisions of employment law. This primarly concerns the issue of forms of employment. This should be applied both with regard to flexicurity and in line with the concept of a flexible company. In accordance with HRM theory, the process of job evaluation should be used when defining the principles of remuneration. At the same time, if the remuneration were to be of a market nature (and thus implement three basic features: attract, motivate and retain), then the evaluation must be carried out in accordance with one of the universal methods. This gives the basis for comparison between different organizations. As far as employment restructuring is concerned, its efficiency, according to the Author, comes from the substantive knowledge of employees` representatives about management processed. So such a partner should be trade unions with expert resources or, in the absence of such organisation, a work council.

EUROPEAN AUTONOMOUS EMPLOYEE DEFINITION. A REASON FOR A DISCUSSION OVER DEVELOPMENT OF EMPLOYMENT RIGHTS

For many years, there has been a discussion in the study of Polish labour law on the legitimacy of replacing labour law with employment law as a broader category, including also people who perform paid work on other grounds. The implementation of Directive 2019/1152 on transparent and predictable working conditions in the European Union should also cover a wider group of people performing paid work. The EU legislator, when defining the subjective scope, refers to the autonomous EU definition of an employee created by the CJEU, which is broader than many national definitions. Despite the objections raised against the concept of employment law, the implementation of the directive may be a step towards building a new field of law, just as the extension of the subjective scope of the Act on Trade Unions contributed to the creation of collective employment law.

THE CONCEPT OF „EMPLOYMENT LAW” IN THE LIGHT OF THE COMPETENCES OF THE STATE LABOUR INSPECTORATE

The aim of the work was to present the factual competence of the State Labour Inspectorate and its analysis against the concept of „employment law”. This issue was presented on the basis of the classification of positions of the doctrine regarding „employment law” presented by B.M. Ćwiertniak. The review was carried out from the Act of 1981, which was a model solution for the „classical” labour law of the industrial era, to the current state based on the Act of 2007 and its amendments. The analysis has shown that this body is currently engaged in the control and supervision of „work” in its broadest sense. This is related to the fact that the material competence covers not only issues related to the employment relationship, but also the legality of employment, remuneration from the civil law relationship, social security obligations, bans on trade on Sundays and public holidays carried out regardless of the legal basis of employment. Therefore, from a formal point of view, the creation by the legislator of a possibly new branch of law - ‚employment law’ - would not require changes in the competences of the State Labour Inspectorate.

Reconceptualising the Nautical Fault Exception in the Fog of Emerging Technologies

It is expected that the maritime world will be significantly different by 2050, from smart ports through to blockchain-based shipping documents and autonomous vessels. As the maritime trade witnesses further developments in this field, there will be an inevitable struggle to harmonise the new technology vessels with the traditional rules of law. This article seeks to further the discussion of one of the main legal rules that will have a significant role in shaping sea carriers’ liability for goods carried by autonomous vessels: the nautical fault exception, which operates to remove, to some extent, sea carriers’ liability for losses arising from the acts or omissions of their employees. The main tenet of this article is that an adapted version of the exception should be available to govern the carriage of goods by new technology vessels. In this context, it advocates the use of legal personhood for the purposes of the nautical fault exception. In so doing, this article contributes to the important debate in employment law on the distribution of the risk of losses arising from autonomous systems when, in future, they take over tasks traditionally carried out by employees. In the absence of employment contracts to perform certain commercial activities, the law will need to decide whether legal personhood should be assigned to autonomous systems for efficient and fair risk allocation. This article illustrates why this may be the solution particularly where there is a ‘fine-tuned’ balance of liability already struck in the current legal landscape.

EU ‘Social’ Policy From Employment Law to Labour Market Reform

This chapter presents four stories about the evolution of EU social policy. The first is the historical evolution of social policy. The second concerns the contribution of the Court of Justice to the development of a distinctive EU social policy. The third story is about a reorientation of approach to regulating the labour market in the EU. It is a story that cannot be told through hard law measures on employment law, but through documents on employment policy. The fourth story is a story of challenges: about new forms of work, about the EU’s response to three crises (financial, covid, and Brexit) and about a timid renaissance of social policy in the form of the Pillar of Social Rights.

Employment Law Concentrate

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Employment Law Concentrate helps to consolidate knowledge in this area of law. This seventh edition includes updates on employment law, including further coverage of the employment status, written particulars, restraint of trade, and equal pay. The book includes discussion of recent cases, including Supreme Court ones, and forthcoming amendments to the law are noted where appropriate. The volume also looks at implied terms, discrimination, parental rights, working time, and types of breach of employment contracts and termination of employment contracts. Finally, the text looks at dismissal issues (including both wrongful and unfair dismissal), redundancy, and trade unions. The chapter on trade unions has been transferred to online-only content, available in the online resources for this book.

KONSEP PERLINDUNGAN HUKUM BAGI TENAGA MEDIS DALAM PENANGANAN COVID 19

<p><em>This article aims to understand the concept of legal protection for medical personnel in handling COVID-19. The increase in the incidence of covid 19 has an impact on the workload experienced by medical personnel, causing a decrease in the immune system of medical personnel. Most people who think that covid 19 is just a conspiracy have an impact on reducing public awareness in preventing covid 19. People who lack awareness of the importance of the covid 19 protocol will result in medical personnel being more at risk of being exposed to and experiencing covid 19. The results of this article show that there has been legal protection for medical personnel in handling COVID-19, both criminal law protection and employment law. The conclusion of this article is that the aspect of legal protection for medical personnel is contained in the codeki, Law R1 NO 29 of 2004 concerning Medical Practice, especially Article 48 concerning Medical Secrets, Regulations of the Minister of Health of the Republic of Indonesia number 269 and 290 and the Ministry of Health of the Republic of Indonesia</em><em>.</em></p><p><strong>Keywords<em>:</em></strong><em> Legal Protection, Medical Personnel, Covid-19.</em></p><p> </p><p>Artikel ini bertujuan untuk megetahui konsep perlindungan hukum bagi tenaga medis dalam penanganan covdi 19. Peningkatan kejadian covid 19 berdampak pada beban kerja yang dialami oleh tenaga medis sehingga meyebabkan penurunan sistem imun pada tenaga medis. Kebanyakan masyarakat yang menganggap bahwa covid 19 hanyalah sebuah konspirasi berdampak pada berkurangnya kesadaran masyarakat dalam pencegahan covid 19. Masyarakat yang kurang kesadaran akan pentingnya protokol covid 19 akan mengakibatkan tenaga medis lebih berisiko terpapar dan mengalami covid 19. Hasil artikel ini menunjukkan bahwa telah adanya perlidungan hukum bagi tenaga medis dalam penanganan covid 19, baik perlindungan hukum pidana maupun hukum ketenagakerjaan. Kesimpulan artikel ini bahwa aspek perlindungan hukum bagi tenaga medis tertuang pada kodeki, UU R1 NO 29 Tahun 2004 tentang Praktek Kedokteran, khususnya pasal 48 tentang Rahasia Kedokteran, Peraturan Menteri Kesehatan Republik Indonesia nomor 269 dan 290 serta Kemenkes RI.</p><strong>Kata Kunci:</strong> Perlindungan Hukum, Tenaga Medis, Covid-19