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1

CONTROVERSY ON INTERNATIONAL LABOUR STANDARDS

100%
Bartosik K.
Studia Ekonomiczne (Economic Studies)
|
2007
|
issue 3-4(54-55)
235-247
EN
The paper analyses main economic arguments for and against the enforcement of international labour standards. The analysis provides suggestion that different labour standards have a weak or negligible impact on such negative phenomenon as the 'race to the bottom' in terms of labour law or a decrease in employment in industrialized countries. On the other hand the analysis shows that the improvement of the international labour standards has different consequences for different countries. It is negligible for industrialized countries, and it is important for less developed countries in which it creates higher production costs and limits export possibilities. All the considerations lead to conclusion that each country should have a possibility to decide if and how to adjust its own labour law to international standards.
2
Content available remote

CHARACTERISTICS AND EVALUATION OF SELECTED PROVISIONS IN THE DRAFT OF COLLECTIVE LABOUR CODE (Charakterystyka i ocena wybranych rozwiazan w projekcie Zbiorowego kodeksu pracy)

80%
Wratny J.
Polityka Społeczna
|
2009
|
vol. 36
|
issue 3(420)
1-7
EN
The premises of the elaboration of the draft of the Collective Labour Code by the Governmental Commission for Codification of Labour Law have been presented; the bill is the second one besides the another draft of the Labour Code relating to the employment law (individual labour law) being result of 4-year lasting activity of the above mentioned Commission. The selected proposals in the field of industrial relations, being regulated in the bill have been presented, analyzed and evaluated. These are as follows: the model of trade unions versus employers, establishment and role of non-union representations of the workers, procedures of collective disputes and organizing of strikes. The importance of these issues, which should be principally discussed, has been underlined. The need of discussion does not depend on the implementation of the Code, the future of which is still uncertain
3

SIMULOVANÝ PRÁVNY ÚKON AKO ACTUS CONTRA LEGEM V PRACOVNOM PRÁVE

80%
Frťalová A.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2014
|
vol. 97
|
issue 6
570 – 583
EN
The author analyzes the simulation and dissimulation, the effects of these two factors and the possibility of substitution with other labour law tasks. In the introduction the author presents historical origin of the employment contract and follows the legal concept of dependent work. In the interpretation of the essential characteristics of dependent work examines the distinction between essential characteristics of dependent work and its consequences. Subsequently author analyzes the simulation of legal acts and its legal consequences depending on the type of simulation as unilateral and mutlilateral simulation. It is explained the process of dissimulation and the particular conditions under which the act is recognized as valid. Finally the author proposes improvements of employment legislation.
4

ELEKTRONICKÉ PRÁVNE ÚKONY A ICH DORUČOVANIE V PRACOVNOPRÁVNYCH VZŤAHOCH

80%
Kundrát I.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2023
|
vol. 106
|
issue 2
83 – 98
EN
The author deals with conditions for making legal acts by electronic means in labour law relations. The author points out that although the legislation does not exclude these legal acts, there is a substantial part of employee’s and employer’s documents that is subject to delivery. Therefore, in labour law, a possibility of making a legal act by electronic means must be distinguished from a question of whether such an electronic document can be delivered with legal consequences. The author examines delivery of documents from the point of view of its relation to the theory of reach and analyses legal consequences of defective delivery. The author points out that the Labour Code establishes a penalty of invalidity in case of defective delivery only for two legal acts – a notice and immediate termination of an employment relationship. Even in these cases, however, decision-making practice admits that delivery defects can be cured by picking up the document. Validity of other legal acts is not dependent on delivery. The aim of the article is to assess the possibilities of making legal acts by electronic means regarding the legal regulation of delivery in labour law relations.
5
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Definicja mobbingu w stosunkach pracy – wybrane zagadnienia

80%
Szewczyk H.
|
2012
|
vol. 57
|
issue 4(345)
119-130
EN
Mobbing, understood as persistent and long-lasting bullying of an employee, was defined in the labour law already in 2004. The Polish regulations explicitly condemn mobbing and provide legal means for protecting against it. In practice, however, it is extremely difficult to prove that mobbing has actually taken place. Referring to the doctrine and judicature, the author presents the definition of mobbing set out in the Polish regulations, focusing on these elements that have to take place in order to prove that an employer has actually behaved in this way; she also indicates what forms of employment it should be applied for. In her article, the author also pays attention to the need to reconsider changes in the binding regulations to make the fight against mobbing more effective.
6

AUTONOMY OF WILL AND CONTRACTUAL FREEDOM IN PROFESSIONAL SPORTS

70%
Gábriš T.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2021
|
vol. 104
|
issue spec. issue
3 - 21
EN
The paper explains routes through which legal limitations of contractual freedom were introduced into sports law, taking their premise from the employment law regulations applicable in Slovakia. The main aim was to legally compensate the actual (mostly economic) inequality of contracting parties, similarly as it is accepted in labour law and in the consumer protection law. However, an amendment to the Act on Sports, introduced in 2020, changed this trajectory by allowing the sports entities a broader contractual freedom as to their choice between an employment contract and contract for services. On the other hand, however, the amendment thereby introduced a limitation of contractual freedom in the case of opting for the contract for services (concluded between entrepreneurs) – newly, these contracts generally concluded under the Commercial Code have to observe minimum standards reserved previously only for the sporting employment contracts.
7

CONCEPT AND FORMS OF DISCRIMINATION IN LABOUR LAW IN THE LIGHT OF CASE LAW OF THE EU COURT OF JUSTICE (Pojem a formy diskriminacie v pracovnom prave vo svetle judikatury Sudneho dvora EU)

61%
Barancova H.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2011
|
vol. 94
|
issue 2
145-160
EN
Regulations issued in early third millennium were the first to define not only the term of indirect discrimination, but also the term of direct discrimination. Although these elementary terms are defined in both the EU secondary law and the application practice, problems with their interpretation still persist and are directly related to the fundamental human right - prohibition of discrimination. The correct definition of these basic terms is also required for the judicial practice of the EU Member States, because national courts of the Member States are competent to decide on actions in case of the violation of the prohibition of discrimination. In the recent years the abundant case law of the EU Court of Justice brought more light into definition of the term of direct and indirect discrimination. The judicial practice justly expected in particular the legal interpretation of the prohibition of discrimination in relation to indicia of discrimination on the basis of age, sexual orientation, disability, race, ethnicity, belief and religion. From the case law of the EU Court of Justice it results that correct legal identification of the existence of direct discrimination or indirect discrimination is not simple. It is even truer for the terms of harassment, sexual harassment and incitation to discrimination that are explicitly regarded by the regulations as the forms of discrimination. The correct definition of the terms of direct discrimination, indirect discrimination, harassment, sexual harassment and incitation to discrimination is currently even more important, because in the application practice the number of cases of violation of the prohibition of discrimination, not only on the ground of gender but also for other reasons, is increasing. Victims of different forms of discrimination in labour relations currently lack the courage to defend their rights in court. Also the courts in the Slovak Republic presently have not excessive legal information about these problems.
8

REFORMNÉ PRÍSTUPY K LEGÁLNEJ DEFINÍCII POJMU ZAMESTNANEC A POJMU PRACOVNÝ POMER

61%
Barancová H.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2013
|
vol. 96
|
issue 4
354 – 372
EN
The protective function of labour law includes the proper definition of dependent work and the term of the employee, the basic concepts of labour law in each country. Despite the importance of these concepts, the literature does not pay adequate attention to their legal recognition, although their definition correctly binds significant practical legal implications affecting the economic system of the state and its financial stability. The author analyzes the concept of dependent work in the amendment of Labour Code, which entered into effect from 1.1.2013 and draws the conclusion that the reduction of indicators of work depends on the employer facilitate proper choice of contractual forms in the performance of work and at the same time will eliminate circumvent the law by law enforcement coverage dependent work contractual forms of civil law and commercial law. In determining the substantive contours of employment author emphasizes that employment is subject of Labour law, which implies the performance of dependent work on a contract basis employment contract. For legal analysis of the author concludes that the correct choice of contractual forms of work determines most of its contents. If content of employment is performance of dependent work, the performance of work which is dependent work is required to establish a contract of employment, does not establish civil or commercial relationship. In connection with the analysis of employee author compares this definition in the Labour Code with EU law, including the current case-law of the EU as well as national legislation of the Member and non-EU countries.
9

ZODPOVEDNOSŤ ZAMESTNANCA V PRACOVNOM PRÁVE SLOVENSKEJ REPUBLIKY A PRÍPRAVA NOVÉHO OBČIANSKEHO ZÁKONNÍKA

61%
Barancová H.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2022
|
vol. 105
|
issue 4
271 – 284
EN
The concept of liability within the scope of labour law has its own characteristics compared to liability from the points of view of civil and commercial laws. The current concept of liability within the scope of labour law has proven its efficiency for decades and has not caused any interpretation or application problems. In connection with the upcoming recodification of the Civil Code, there is discussed the amendment of the Section 420 par. 2 of the Civil Code in such a way as to impose the employee's direct liability for the actions performed towards the injured party resulting in full compensation for damages, or in joint liability of the employee (helper) and the employer. There are also discussed drafts, according to which the employee would pay the injured party all the damage according to the Civil Code, and if the amount exceeds four times the employee's average earnings, they can claim such an amount from the employer.
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