The social partners as actors in new labour law legislation in Sweden

This article focuses on the importance of the social partners in new labour law regulation where there is a weak parliamentary majority. The prevailing view in Sweden is that labour law regulation must be modernised as both companies and employees need improved opportunities in order to be able to adapt to changing conditions in the labour market. A Government inquiry and negotiations between the social partners in the private sector focused on these issues. The social partners reached two agreements: a Principle Agreement, including demands that the state provide new labour law regulation; and a Basic Agreement, which is a collective agreement about security, transition and employment protection. The Swedish Government decided to modernise the Swedish Employment Protection Act (LAS) 1 in line with the social partners’ suggestions. The government proposal covers three important labour law areas: (1) changes to the Swedish Employment Protection Act; (2) new state-financed public support for skills development; and (3) a new public transition organisation to provide basic transition support for employees not covered by a collective agreement. This article shows that the social partners have great power over new legislation and can create stability in labour law regulation in Sweden for the future. The government’s proposal implies that new regulation has moved from the provision of employment protection depending on length of service to better transition conditions for employees, and that the state is to take financial responsibility for the lifelong learning of professionals.

Government Policies for the Natural Resource Management of Minerals and Coal Based on Social Welfare

<em>This research aims to describe the natural resources management policies in the mineral and coal sectors. The description is based on the social welfare value contained in Law No. 3 of 2020 concerning Amendment of Law No. 4 of 2009 concerning Mineral and Coal Mining, as well as Law No. 11 of 2020 concerning Employment and Labour Law. This research employed a normative judicial method based on law regulations that are conceptualized as principles or norms and have evolved into proper human behavior standards. Secondary data were employed by exploring literature correlated with the mineral and coal mining management law and analyzed using juridical-qualitative techniques. Subsequently, the research indicated that the Indonesian government policy in the Mineral and Coal, alongside Omnibus Laws, are unable to accommodate social welfare values and support only profit-oriented businesspersons. This research is expected to proffer suggestions for the central or regional government to make regulations prior to the social welfare principle.</em>

On Humanizing Work in the Digital Age

The chapter addresses the problem of humanization of labour in the digital age. With technological advancement worldwide, notwithstanding economic and political differences among individual states, digitalisation has invariably put its mark on human relationships. And it is about to transform both individual and social relations also in the labour law. Тhe purpose of the present study is to examine the acts and documents at European level and offer an up-to-date analysis on applicable aspects of introducing AI in the labour process, its role in facilitating employees work alongside potential threats and negatives. Based on said analysis, the authors offer their views on the challenges to be faced and outline ongoing trends in the doctrine, the European community and legislation, to put in place a regulatory framework towards humanization of work in the digital age.

TRADE UNIONS AND BASIC INCOME: SOME DANISH EXPERIENCES

Theoretically, there are many good arguments that unions should support a proposal on basic income. The main reason for the Danish trade unions resistance to basic income reform is that it would go against the short-term interest of the unions in organisational self-maintenance. Trade unions will lose power in relation to their members with a basic income. Trade unions have control over individual members by virtue of the collective agreement system and the labour law system. If you have a basic income system, the individual worker will decide when he or she wants to leave his workplace and strike. Suppose a single worker or a group of workers leave their workplace because of dissatisfaction with the working condition. In that case, they will be punished financially according to the rules of labour law rely on any support from their trade union.

Skutki ideologizacji preambuły kodeksu pracy

The post-totalitarian authoritarianism of the Polish People’s Republic of 1956–1989 was based on, among others, indoctrination. It was carried out not only through the media and the education system. The law also served this purpose. The adoption of the Labour Code provided the basis for using the educational function of the preamble to shape and consolidate politically desirable patterns of behaviour in socialist labour relations. The content of the Preamble to the Labour Code not only reflected the goals set by the legislator of the adopted legal regulation, but, being saturated with ideological issues, it set the directions for adopting and applying labour law provisions and defined the desired behaviour patterns. Due to the content of individual editorial units, the Preamble to the Labour Code was not only of legal importance, but also some parts of it were normative.

THE EMPLOYER’S RISK PRINCIPLE

The article discusses the employer’s risk as a principle of labour law. The idea of employer’s risk is that the employer bears the consequences of obstacles in the performance of the employment relationship that it has not caused. The author distinguishes the obstacles: not related (the employer’s risk in a strict sense) and related to the employee (personal risk). As a rule, the employer bears the risk of circumstances not related to the employee. The nature as well as the application scope of regulations allow to formulate a normative principle of the labour law. At the same time the employer bears the risk of the obstacles related to the employee only in cases specified in the labour law, both: statutory standards as well as autonomous provisions. As a result, the personal risk of the employer cannot be considered to be a normative principle of the labour law.

THE RULES OF REMUNERATION OF THE WORKER COOPERATIVE MEMBERS

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.

FLEXIBLE FORMS OF EMPLOYMENT. A PANORAMIC VIEW OF THE ISSUES FROM PERSPECTIVE OF LABOUR LAW

The notion and the classification of the flexible forms of employment including working time solutions and work carried out under civil law contracts have been presented in the study. The premises of the growing flexibility of employment in technological, economic and social aspects have been discussed as well. According to the opinion of the author flexibility of employment is an ambiguous fenomenon having at the same time chances and threats both. Although the role of the state and legal system is to protect workers from negative results of some solutions.

PRAXEOLOGICAL DIMENSION OF WORKING TIME

Praxeological dimension of working time is undoubtedly influenced by current sociopolitical system invoking the axiology being commonly recognized values. This means that in enacting public and legal regulations the state may not isolate the employees facing exceptional hardship or even unforeseeable situations assuming the form of peculiar force majeure. Thus, both employees’ wellbeing and the welfare in general are vital. For that reason the labour law should praxeologically be a way to control real situations and the needs of working people and the society. The labour law should also praxeologically create a system of institutions reconciling social emotions in order to protect social peace which constitutes common welfare.