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The aim of the current study is to present the regulation of leave in the economic sector during the examination of the Labour Code within the framework of the Hungarian labour law, with the exception of the provisions on sick leave. In European states where a uniform Labour Code is available, the rules on leave have been established, but in some countries they have been regulated by other codes or legal regulations. The purpose of normal annual leave is for the worker to regenerate properly, the intention of significantly extending this period being progressive. In addition to the basic leave, extra vacation and the rules on unpaid leave are also examined. The study seeks to point out that the current rules are too narrow and that labour market developments suggest that an extension of the normal annual leave period is needed.

The paper investigates the issue of the unity of labor law in the context of development of legalization of so-called new, atypical forms of employment in European countries and their forthcoming (and partially already completed) legalization in the Russian Federation. The author has analized some negative features of atypical forms of employment, the preservation of which can threaten the unity and integrity of labor law. the paper highlights the inadmissibility of reducing the uniform standard of labor rights and focuses on problems in the institution of labour remuniration and protection. On the basis of the analysis of elements characterizing the unity of labor law, the author describes deviations from the classical features of labor relations that sometimes lead to shifting employers’ (entrepreneurial) risk on the person involved in hired labor.The author concludes that the extension of the scope of application of the provisions of Chapter 53.1 of the Labour Code of the Russian Federation (albeit in a very limited scope) to employees working in government authorities and the public sector is a very disturbing trend. Traditionally, the budget sphere is seen as low-paid stable employment. The introduction of non-permanent, atypical employment into the public sector reduces the low level of employment rights of employees in the public sector. The development of atypical forms of employment not only actively affect the informal employment sector, but also invade the field of “traditional” relations, setting incorrect directions of HR policies. In this regard, acts adopted by the legislator in the case of legalization of one of the atypical forms of employment must be strictly correlated with the fundamental principles of labor law, the concept of a uniform labor relation and basic rights of the employee, which will prevent the destruction of the unity of labor law.

The goal of the research is to study changes in remuneration systems in Public Health during the period of passingover from the soviet remuneration system in Public Health to the remuneration system effective during these years. The authors find and analyze reasons that caused the necessity of changes, which took place lately. It is shown that changes in the remuneration system are connected with changes in economic relations in society. The article studies preconditions and possible consequences of passing-over from the regional remuneration system to sectoral one. Because of termination of the period fixed for implementation of May Decrees of the President, new economic reality and new presidential instructions in the field of medical workers’ remuneration the authors propose to revise the existing remuneration systems, to give up control over remuneration rate per individual on average by entity of the Russian Federation, to start monitoring the rate of guaranteed proportion of remuneration calculating on the wage and to introduce the basic wages envisaged by the Labour Code, which should not be linked to the average wage rate by regions.

The Law on Higher Education and Science states that article 251 of the Labour Code which concerns the limitation of employment based on employment agreements for a definite time, on one hand, does not apply to first-time employed university teachers, to teachers for whom universities are not the main place of work nor teachers who are pensioners. On the other hand, the regulations of this article are still in effect with regard to the rest of university teachers and all other employees thereof. This solution cannot be positively evaluated due to its legislative inappropriateness in such aspects as excluding regulations concerning the limitation of employment based on employment agreements for a definite time and the results of exceeding those limits with simultaneous inclusion of regulations establishing exceptions to limits and employer’s obligations to implement them; and due to the legislation’s content such as inapplicability of article 251 of the Labour Code to the teachers for whom universities are not the main place of work and teachers who are pensioners, without adopting any type of mechanism excluding the excessive employment of these employee groups based on renewal of employment agreements for a definite time, as required by directive 99/70/EC. It is advisable to introduce changes in this field. It seems particularly worth noting that the proposal of enumerative determination in the Law on Higher Education and Science of cases in which university teachers could be employed under employment agreements for a definite time.

THE SPECIAL PROTECTION OF EMPLOYMENT RELATIONSHIP ON THE BASIS OF APPOINTMENTRESULTING FROM THE LABOUR CODEThe subject matter of this study is an analysis of the legal mechanisms resulting from the provisions of the Labour Code which concern the special protection of an employment relationship which is based on appointment, regarding both their subjective scope as well as the terms of the correctness of their applications by the appellant the employer. Among the ways of establishing an employment relationship, appointment stands out by providing the smallest degree of stabilization, not only because of the scope of the claims that recalled employees are entitled to and the lack of the possibility of applying the usual modes of conduct for the termination of an employment contract, but also because of the nature of the special protection, which allows for the appointed employee to be recalled and poorly protects against the termination of the employment relationship. Measures for the protection of an employment relationship on the basis of appointment, resulting from the provisions of the Labour Code, have a limited subjective range. The legislature has also resigned from an absolute ban on the termination of an employment relationship and allows only the extension of the duration of the existing relationship or the continuation of an employment with the previous employer, but on a different legal basis.

Purposes: Russian Federation as many other States experience the growth of the “gig economy”. The number of people working via platforms grows with every year. As a result, it brings up a new form of employment. Consequently, national law and social security systems have to adapt to new challenges in order to provide from one hand, efficient regulation of such relations, from another hand – to protect the rights of crowd-workers. Methodology: Russian legislators introduced in 2013 the new concept of “distance work”, which partially covers platform workers. Since late 2019 new regulations concerning non-registered self-employed persons will come into force. Nonetheless, the discussion on the place of crowd-workers remains to be open within practitioners and scholars and still shows the uncertainty. Result: In this paper, we tried to determine the legal status of platform workers and identify their place within the system of Labour and Social Security Law with a detailed focus on access to Unemployment Benefit and Social Assistance. Implications/Applications: As a general rule, digital platforms do not impose concrete requirements for the crowd-worker, for instance as the obligation of having registered status as individual entrepreneurship. In this case, any physical person showing the will to work can register with a platform and provide services. Novelty/Originality: We will try to give the legal definition and to find out the recognition of so-called Platform Workers within the national Labour Law. After the research will be focused on a social cluster: the right of Platform Workers to access to Unemployment Benefit and Social Assistance.

EVOLUTION OF THE LEGAL STATUS OF LABOUR — HISTORICAL ASPECTS AND ASSESSMENT OF THE CURRENT STATEIn the period before the Second World War labour inspectors had public-law status, and their employment was regulated by the Act on the State Civil Service of 1922. Contemporary employment relations of labour inspectors are regulated by the Act on the National Labour Inspectorate of 2007 PiP and the Labour Code. Labour inspectors are employees, employed at the first stage on the basis of an employment contract. The target basis for the employment inspectors is a nomination and in the case of managerial positions, appointment. The establishment of an employment relationship with labour inspectors as well as its content deviate in many respects from a contractual employment relationship regulated by the provisions of the Labour Code. Public-law elements can be found in the employment of a state labour inspector — non-contractual employment basis, special obligations and restrictions related to a public office. The Act of 2007 does not regulate the recruitment procedure for the position of labour inspectors, which is contrary to the constitution.

After 50 years of reliance on public insurance or social security programmes, the Czech legislature has enacted a statutory wage continuation payments programme in Section 192 et seq. of the second Czech Labour Code of 2006 (Sick Pay Reform). Instead of statutory sick pay financed from the state budget from collected premiums on sick leave insurance, employers are obliged to pay wage compensation due during the first 14 calendar days for time away from work for illness. Employees on sick leav...

The theme of this article is an attempt to show the future of civil-law employment relations. The author presents the scale and causes of the phenomenon of the spread of civil law forms of employment and self-employment in the market economy, which are increasingly displacing the classic employment relationship. In his opinion, this tendency is permanent and irreversible. In the future, the employment model should be maintained based on the diversity of acceptable employment bases, assuming the freedom of choice of a regime among employment relationship, civil law contracts and self-employment. There is a need to leave the existing employment structure based on the subordinated work criterion under the management of the employer. It is this employment model that must guarantee the widest (fullest) scope of protection, which should compensate the employee for a permanent state of dependence (subordination) on the employer. It is possible to build other civil-law forms of employment around this specific model of employment relationship, to which, to a limited extent, protective labour law provisions should apply. In addition, there is a need to specify in the provisions of the Labour Code the criteria that distinguish the employment relationship from civil law employment relationships, and in particular the employer’s subordination criterion. W artykule podjęto próbę ukazania przyszłości cywilnoprawnych stosunków zatrudnienia. Autor przedstawia skalę i przyczyny zjawiska upowszechniania się w gospodarce rynkowej cywilnoprawnych form zatrudnienia oraz pracy na własny rachunek, które coraz częściej wypierają klasyczny stosunek pracy. Jego zdaniem, tendencja ta ma charakter trwały i nieodwracalny. W przyszłości należy utrzymać model zatrudnienia oparty na różnorodności dopuszczalnych podstaw zatrudnienia, zakładający swobodę wyboru reżimu pomiędzy stosunkiem pracy, umowami prawa cywilnego a samozatrudnieniem. Istnieje konieczność pozostawienia dotychczasowej konstrukcji stosunku pracy opartej na kryterium pracy podporządkowanej, wykonywanej pod kierownictwem pracodawcy. To właśnie ten model zatrudnienia musi gwarantować najszerszy (najpełniejszy) zakres ochrony, która winna rekompensować pracownikowi permanentny stan zależności (podporządkowania) względem pracodawcy. Wokół tak określonego modelu stosunku pracy możliwe jest natomiast budowanie innych cywilnoprawnych form zatrudnienia, do których w ograniczonym zakresie powinny mieć zastosowanie ochronne przepisy prawa pracy. Ponadto istnieje potrzeba doprecyzowania w przepisach Kodeksu pracy kryteriów odróżniających stosunek pracy podporządkowanej od cywilnoprawnych stosunków zatrudnienia, zwłaszcza zaś kryterium kierownictwa pracodawcy.

This article systematically analyses new Labour code rules (regulation from July 2017) and the judicial practice of Lithuania relating to the termination of an employment contract initiated by the employer by employer’s will (Labour Code of the Republic of Lithuania, Article 59). It is important to separate this new background of termination from an ordinary one – the termination of an employment contract by the absence of an employee’s fault (Article 57 of Labour code) – and reveal the theoretical and practical aspects and the conclusions in disclosing the true norm meaning. Employers will be able to terminate an employment agreement without the employees’ fault due to the following reasons (Article 57 of Labour code): employee’s work function is no longer required; employee fails to reach the agreed results of work; employee does not agree to change the terms of their employment agreement, place of work, or working regime; employee does not agree to continue employment after business transfer or a part thereof; employer ceases its activities. New rules, indicated in Article 59 of the Labour code (Termination based on employer’s will), says that if an employer intends to terminate an employment agreement due to other reasons, not listed in Article 57 of Labour code, the employee may be served with a 3 business days’ prior written notice and paid a severance pay of at least 6 average monthly salaries.

The article analyses the legal nature of the employee’s obligation for monetary payment under Art. 232, para. 3 of the Labour Code. It is reasonable to conclude that by establishing the possibility of fulfilling this obligation, which represents an optional remuneration, the legislator grants the employee the right to terminate the employment relationship unilaterally, both during the training and after its successful completion. The concept of “non-justified reasons” used in legislation, is thoroughly researched and a de lege ferenda proposal is formulated to overcome the current ambiguity. The rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employee’s monetary payment.

The report examines the actual measures for counteraction against the grey economy, provided for in the Labour code, as well as the proposed motion for amendments and supplements. The accent is put on the administrative-law aspects of the control performed by the General Labour Inspectorate Executive agency for counteraction against the grey economy. Based on the examination summaries and conclusions are made.

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.

The point of this article is an attempt to create a definition of the child, under article 3045 of polish labour code. For a purpose of this paper – firstly, there was presented a common definition of the child. Then, legal definitions existing in legal order – in international, eurepean and polish law – were systematized and discussed. After that, there was made a try – to present and solve the most important problems connected to the creation of child’s definition on the grounds of polish labour law. Finally, at the end of this arcicle there was created a definiton of the child under artice 3045 polish labour code, and then, it was compared to the otheres presented definitons.

Summary The non-compete clause for the duration of a party’s period of employment is a familiar feature of Polish employment contacts, and in view of its frequent occurrence has been examined from the legal aspect both by experts on the Polish Labour Code and by the judicature. This paper offers a contribution to the ongoing discussion on the need for the non-compete clause defned under Art. 101 (1) of the Polish Labour Code ( umowa o zakazie konkurencji z art 101 (1) k p .) to be augmented with a statutory payment clause, in consideration both of the contractual nature of the non-compete clause as well as of the constraints it imposes on the principle of an employee’s right to work.

I - The increase in the minimum wage In January 2020 the minimum wage was increased to 635 euros per month, and it was implemented on 1 January 2020 by Decree-Law no. 167/2019 of 21 November. The aim of the new Government is to reach 750 Euros in 2023. Article 273, no. 1, of Portuguese Labour Code guarantees all employees a minimum monthly wage, to be annually established by specific legislation, following consultation of the social partners because this topic requires a binding opinion by th...

The scope of major employee’s duties is governed by Art. 100 of the Labour Code. ese, however, are not all employee’s responsibilities towards his or her employer, but only the most common. e primary responsibility of each employee is a careful and conscientious performance of work and compliance with o cial instructions. Give the above, instructions must be strictly job-related and consistent with the law or the employment contract. A sample catalogue of employee’s duties can be found in Art. 100 § 2 of the Labour Code. It includes, for example, the duty to care for the welfare of the employment establishment and to maintain con dentiality of information, the disclosure of which could harm the employer. An important duty of each employee is also to follow the principles of social coexistence. A violation of this duty, such as use of physical force against other employees may even lead to termination of the employment contract without notice due to the employee’s fault, in accordance with Art. 52 of the Labour Code.

Family circumstances and gender equality are the factors which influence the formation of labour legislation and state policy in the sphere of wage labour. That is why this research analyses the issues of gender equality in workplace relations. The study uses unity and a differentiation method of wage labour employment regulation. This method allowed us to determine the specifics of workplace relations, which involve women and people with family responsibilities. It was established that the optimal legal regulation of women’s labour and labour of people with family responsibilities must be directed at achieving gender equality in the workplace and creating the conditions under which women and other people would be able to combine work and family responsibilities. The creation of a supportive environment for workplace relations of the specified categories of workers must be implemented through both internal and global regulations. The activities on both levels are mutually reinforcing in nature. The article, having analysed the Labour Code of the Republic of Kazakhstan and international labour standards, submits suggestions about improvement of labour laws, draws conclusions about the necessity of legal protection for women and people with family responsibilities as well as the elimination of discriminating factors in relations regulated by labour laws.

The form of doing work for a haulier as a self-employed person/company depends mainly on the type of work performed. In most cases, a haulier has two options: to employ an employee (employment relationship) or to hire a self-employed person which performs for him an order. According to the Labour Code, employee work (dependent work) can be carried out only under the employment relationship. The Labour Code explicitly prohibits the dependent work to be substituted with any contractual commercial or civil law relationship. However in practice, there are cases where the dependent work, mainly employment relationship, is confused with hiring self-employed persons. The legislation prohibits such cooperation (cooperation involving features of dependent work). Dependent work cannot be performed within a contractual civil law relationship or commercial law relationship under special regulations. In this case, this may represent a violation of Act No. 82/2005 Coll. on Illegal Work and Illegal Employment which defines illegal employment.

Objectives: Polish Labour Code provides employees with a range of solutions (benefits) supporting them in achieving balance between work and private life. This paper was aimed at indicating availability and the use of legal benefits supporting work-life balance (WLB) among Polish workers of small and medium enterprises. Material and Methods: The study sample included 219 respondents, aged 22–64, working in small and medium enterprises and employed on the basis of employment contracts for at least a year. The respondents completed a questionnaire on availability and the use of benefits guaranteed by the Polish Labour Code, referring to their current workplaces. Results: Most frequently the studied employees took sick leave because of one’s own illness and leave on demand. In our sample, 45% of the women took maternity leave and 26% of the men took paternity leave. The respondents took educational and parental leave the least frequently. More than half of the respondents (58%) did not return to the same position after leave devoted to childcare, even though they had such a possibility. Conclusions: In fact, most of work-life balance benefits guaranteed by law were available to the employees of small and medium enterprises, regardless of their gender. Availability and the use of the majority of benefits were similar among the women and men. Availability of benefits depended on the specificity of industry and a profession, thus, future research on work-life balance policy should control for variables related to the character of work. EOG 78/2013 “EFFECT – Enhancing the effectiveness of work-life balance initiatives use” / Norway Grants in the Polish-Norwegian Research Programme

What do employees need most in terms of rewards? There is a “optimum package” for rewarding? What percentage of direct and indirect rewards should contain a reward strategy? These are only a few of questions that are elucidated with this paper. In order to make a clear image about direct and indirect possible rewards, this article defines: wages, bonuses, premium pay, participation at profit, different incentives, other direct rewards, mandatory and pension rewards, insurances, paying the not worked time and other indirect rewards and benefits. Further, the theoretical background move forward and make connections also to the legislative connotation of the rewards. The main legislative texts discussed that influence Human Resource Management in terms of direct and indirect rewards are: Law 571/2003 from the Fiscal Code, Title IV from the Labour Code and Employee Benefits from the International Accounting Standards.

This chapter assesses working conditions in Tijuana and Tangier-Tetouan border export industries, comparing wages, freedom of association, forced labor, harmful child labor, job safety, and discrimination. The evaluation is carried out across four levels of analysis: supra-national regulations (International Labor Organization), national policies, local arrangements, and what was reported by employees. Managers’ mistreatment of Tijuana workers increased during the crisis from 2000 to 2009 and is especially prevalent in Korean factories. We conclude that working conditions are worse in Morocco because there is a constant surplus of labor, making the informal negotiation for improvement which occurs in Tijuana during boom times impossible. Export industries in these border locations have historically drawn migrants from the interior who can over time escape very bad working conditions by emigrating.

Flexicurity is used as a strategy in the Netherlands in order to increase flexibility for the permanent workers and improve the position of the flexible workers. The concept was introduced in the 1990s by the government in a paper and was further elaborated in an agreement of both sides of industry. This involved that the position of temporary agency workers was regulated and improved, and it was made easier to provide contracts for a definite period. This agreement was laid down in an act, thus amending the existing labour code. Important was that the position of the trade unions was reinforced since the Act allowed deviation from the general rules only by a collective labour agreement.

The new Hungarian Labour Code of 2012 aimed to provide enhanced flexibility. The article summarises the objectives and basic concept of the labour law reform and gives a detailed assessment of the changes concerning the system of termination of employment. While the authors point out important fields affected by substantive changes, the overall evaluation is that the fundamental structure of the regulation remained intact. New rules on the protection of union officials against dismissal and the reformed sanction system for unlawful termination are highlighted as the most debatable elements of the new regulation.

This article considers the sphere of labour and social labour relations in the postrevolutionary Soviet Union, which always occupied an important place among the priorities of the Bolshevik regime. The author analyses the reasons, tendencies, and results of how labour law gradually became a doctrinal instrument of the Bolshevik authorities aimed at the elimination of differences between wage labour and compulsory labour, and also between compulsory labour and forced labour. The analysis is performed with reference to documents and materials of the leading official weekly of the RSFSR People’s Commissariat for Justice, the Yezhenedelnik sovetskoy yustitsii (Eng. The Weekly of Soviet Justice), known as Sovetskaya Yustitsiya (Eng. Soviet Justice) from the 1930s. It is demonstrated that state policy was a combination of doctrinal propositions on liberated labour and pragmatic decisions regarding the compulsory character of labour, labour mobilisation, etc. The etatisation of the sphere in question was carried out in stages, i. e. the universal labour duty after the end of the Civil War was substituted by the Labour Code of 1922, which regulated wage labour. Together with this, the forced labour sector still existed and was constantly expanding. One part of it (prisons, colonies) was regulated by the Correctional Labour Code, while the other (camps) was no longer part of the Labor Code or the Correctional Labour Code. Forced labour that did not involve imprisonment was a special correctional measure, a lenient punishment that lasted no more than a year. In the 1930s, over 4 million people were sentenced to this kind of punishment, and between 1940 and 1955, 11 million people were sentenced to forced labour for absenteeism. Such a practice became an everyday element of the labour potential of the country and symbolised the symbiosis of compulsory and forced labour during the early Soviet era., Рассматриваются сфера труда и формировавшиеся на этой основе социально-трудовые отношения в постреволюционном советском обществе, которые всегда занимали важное положение среди государственных приоритетов большевистского режима. Целью исследования стал анализ причин, тенденций и результатов того, как трудовое право становилось инструментом доктринальных установок большевистского руководства, нацеленных на поступательное стирание граней между трудом наемным и обязательным и трудом обязательным и принудительным. Источниковая основа представлена документами и материалами ведущего ведомственного издания Наркомата юстиции РСФСР того периода – «Еженедельника советской юстиции», с начала 1930-х гг. переименованного в журнал «Советская юстиция». Показано, что государственная политика представляла собой противоречивый симбиоз доктринальных положений об «освобожденном труде» и прагматических решений об обязательности труда, трудовых мобилизаций и т. д. Этатизация данной сферы прошла несколько стадий, когда на смену директивности всеобщей трудовой повинности после окончания Гражданской войны пришла практика законодательного регулирования в форме Кодекса законов о труде 1922 г., объектом действия которого выступал труд по найму. В то же время сохранялся и имел постоянную тенденцию к расширению и дифференциации сегмент принудительного труда, часть которого (тюрьмы, колонии) регулировалась Исправительно-трудовым кодексом, тогда как другая (лагерная) была выведена из сферы действия не только КЗоТ, но и ИТК. Среди форм применения труда как меры уголовного наказания специфическое место занимал принудительный труд без нахождения под стражей как «мягкая» репрессия с кратким, до года сроком наказания. Массовое масштабное применение этой репрессивной меры в 1930-е гг. коснулось 4 млн чел., а с 1940 по 1955 г. за прогулы осуждению подверглись 11 млн чел. «Принудчики» стали обыденным элементом трудового потенциала страны и, по сути, символом симбиоза труда, обязательного и принудительного в раннесоветскую эпоху.

This article investigates the influence of the European Union (EU) on legal resources available to labour to tackle labour market challenges in Central and Eastern European countries after their accession to the EU in 2004 and 2007. Its conclusion is that the EU’s impact has been complex and contradictory, with differences between countries and time periods. The EU has to varying degrees encouraged social partnership and supported a model of employment relations giving high levels of legal and collective protection to employees. Since 2008, the EU has advocated reductions in protection for employees on standard contracts and a very substantial reduction in collective bargaining coverage in one case, only partially balanced by advocacy for improving the lot of those on less secure employment relationships. However, the EU agenda has in practice been largely irrelevant to the widespread informalization and casualization of employment relations in the region.

In June 2015 the Ministry of Labour and Social Policy announced an amendment to the Labour Code, which is the reaction to the prevalence of employment based on-fixed term contracts in Poland. The scale of this phenomenon is not observed in any other E. U. state. New regulations may result in a decrease in the share of fixed-term employees of the total number of employees to be observed in the last few years. The Ministry intends to replace the limit of the renewals of a job contract concluded with an employee (currently the second renewal of the contract results in the conclusion of a permanent job contract) with another restriction: the total duration of such contracts should not exceed 33 months. The problem of an excessive share of flexible forms of employment has been widely analysed in the literature in recent years. It has become the subject of studies in the area of economy and sociology as well as an issue addressed by labour law experts. The expansion of flexibility has also received criticism from the trade unions, which influenced the mass media discourse - it is enough to mention the popularity of the term 'junk contracts' since 2012. The author attempts to comprehensively analyse the problem of flexible forms of employment, which include such issues as: the reasons for their popularity among employers, the scale of the use of particular forms based on the available statistical data, the construction of protective regulations of domestic labour law in the light of the requirements resulting from the E. U. and the I. L. O. membership, as well as social and economic consequences of the use of flexible forms of employment. W czerwcu 2015 r. Sejm przyjął nowelizację Kodeksu pracy1, zgodnie z którą wprowadzone zostaje ograniczenie łącznego czasu trwania umów o pracę na czas określony zawieranych z jednym pracodawcą do 33 miesięcy, o ile nie istnieją obiektywne powody, aby tego typu kontrakt został zawarty na dłuższy okres. Zmiany, które wejdą w życie 22 lutego 2016 r., obejmują również m.in. zrównanie czasu trwania okresów wypowiedzenia między umowami terminowymi i na czas nieoznaczony - dotychczas w umowie o pracę na czas określony zawieranej na sześć miesięcy lub dłużej można było zawrzeć klauzulę o możliwości jej rozwiązania z dwutygodniowym wypowiedzeniem. Zmiana przepisów jest reakcją na rozpowszechnienie w Polsce praktyki zatrudniania na podstawie umów terminowych. Osiągnęło to skalę niespotykaną w innych krajach Unii Europejskiej. Nowe regulacje mogą spowodować, że po raz pierwszy od kilku lat udział zatrudnionych na czas określony wśród pracowników najemnych może ulec zmniejszeniu. Problem nadmiernego udziału elastycznych form zatrudnienia doczekał się w ostatnich latach w Polsce bogatej literatury. Stał się przedmiotem badań ekonomistów i socjologów oraz dyskusji specjalistów prawa pracy. Popularność elastycznych form zatrudnienia spotkała się również z aktywną krytyką ze strony związków zawodowych, co znalazło odbicie w mediach - dość wspomnieć o karierze terminu "umowy śmieciowe" począwszy od 2012 r. Autor podejmuje próbę syntetycznego omówienia problemu elastycznych form zatrudnienia, obejmującego kwestie: przyczyn ich popularności wśród pracodawców, intensywności stosowania różnych form zatrudnienia na podstawie dostępnych danych, kształtu przepisów ochronnych krajowego prawa pracy i praw pokrewnych regulujących zawieranie różnego rodzaju umów na rynku pracy w świetle wymogów stawianych przez Unię Europejską i Międzynarodową Organizację Pracy, a także społecznych i ekonomicznych konsekwencji stosowania elastycznych form zatrudnienia.

Service regulations which define employment of uniform service officers in regards to parental rights, predicts provisions which refer to applying the provisions of the Labour Code. It means that, the services regulations are not complete, and therefore application of provisions from other law systems is allowed. Another example of relations between a uniform service employment and the labour law, is introducing rules to service regulations which are similar (or identical) to a labour law. As previously mentioned, the amount of benefit payment during the leave related to childcare, has been regulated in the same way to they employees who take this kind of leave. Making officer’s status similar to employe’s status cause diverse consequences for officers. Some of them are more favorable to officers, for example parental rights. In this way, officers can benefit from these rights regardless of gender. Almost in the same way as employees, officers also have a right to additional maternity leave and childcare leave. Other changes, in relation to making officer’s status similar to employe’s status, cause however loss of service officers’ privileges, for example decreased pay during sick leave.

Turkish law maker, enacted legislation regarding temporary work as one of the atypical form of employment for the first time with the Law numbered 4857. Provision in article 7 of the Labour Code, enabled employers to lend its employees only with whom they have a classical employment relationship to another employer temporarily whereas it did not allow employers to conclude a contract with employers to perform in another employer’s workplace, in other words, to set up temporary work through employment agencies. Due to existence of firms operating in this field despite the law and increasing demand of flexibility in working life, article 7 of the Labour Code has been amended by Law numbered 6715 and legal framework of temporary work through employment agency has been drawn up. With this study, it has been aimed to examine this form of employment.

This article presents and analyses the main characteristics of the new Lithuanian Labour Code. The reforms of the Lithuanian labour market have been initiated to meet the challenges of fierce international competition, to find a new balance between the flexibility desired by business and the required social protection of workers and to bring the law into the line with contemporary changes at work. However, re-codification is not only about changes in the areas of working time, dismissal protection, fixed-term employment or other forms of atypical work. The Labour Code of 2016 ought to modernize the employment relationship in a much broader perspective – to revive the spirit of cooperation both at individual and collective level, to increase the judicial protection of employees, to allow for wider acceptance of technologies, investment in human capital and respect of the employee’s personality and his/her family commitments. Changes in the collective representation system are also necessary to revitalize collective bargaining and increase industrial democracy in the workplace.

This study looks closely at Ivoirian initiatives to acknowledge and redress the paradox of domestic workers’ simultaneous ubiquity and invisibility. It takes a close look at the nature and quality of domestic workers’ inclusion under the generalist labour law framework. In some contexts, including neighbouring Ghana, it has been affirmed that domestic workers may textually be included in a generalist code, but in practice, excluded from its application. This study has shed light on a more complex dynamic at play in Cote d’Ivoire. Without a doubt, the prevalence of domestic work undertaken under particularly precarious conditions attests to the significance of domestic workers’ marginalization under labour law. However, the working paper similarly reveals that inclusion under the Labour Code, and specialized institutions dedicated to the enforcement of workers’ rights, is not a mere chimera. On the contrary, throughout one of the most destabilizing moments in Cote d’Ivoire’s history, during the crisis from 1999–2011, the labour administration and the specialized labour tribunal regularly addressed an appreciable number of cases of domestic workers’ rights under the employment relationship. Coupled with the interviews conducted for this study, we were able to identify a sensitivity amongst the labour inspectorate, as well as some jurisprudential evolution affirming that domestic workers are workers like any other, to whom key aspects of general labour law should apply. However, the application of the Labour Code and related labour laws to domestic workers was limited in its depth and breadth. The case law showed a solid appreciation of basic employer obligations that might lead to termination, as well as the variety of termination damages that an employee may claim. In some cases the courts attentively applied the minimum wage provisions or awarded the employee indemnities for the employer’s failure to register the domestic worker for social security protections. However, the inquiry stopped short when the specificity of the domestic work paradigm – as witnessed through working time law and the live in relationship – was more squarely before the courts. It is not surprising, therefore, that labour relations and civil society actors continue to call for specific regulation of decent work for domestic workers in Cote d’Ivoire, and that an initiative to adopt a special decree on domestic workers is underway. We argue that there is a need for initiatives on decent work for domestic workers to be built through multi-level social dialogue, to ensure that the legislative and regulatory initiatives are informed both by the generalist courts’ decisions, by the international standard setting and by domestic workers’ transnational social movements.

The amendment to the Labour Code of 25 June 2015, has introduced a number of changes in the contractual employment relationship. They took aim at a/o limiting the unjustified use of fixedterm employment contracts in respect of their abuse in the labour market. Despite the changes, which came into force on 22 February 2016, the legal status of law in respect of a contract of employment for a specified period of time requires further intervention of the legislator which has been called for long by significant part of the representatives of doctrine. The amendment, in fact, has not so much strengthened the situation of people employed on the basis of the fixed term agreement, it has even weakened it, the change was therefore illusory and seemingly beneficial.

There is no uniform model of employment in Polish legislation. The shape of the employment relationship of an academic employee is strongly influenced by the specific normative relationship that exists between the Labour Code and the Law on Higher Education. It should be noted that the Law on Higher Education is not a sufficient regulation. It regulates, in principle, sufficiently those issues that require, due to its nature, a different than regulatory code. The relations between these two acts are diverse, which results from the construction of Article 5 of the Labour Code. The statutory regulations affect the shape of the employment relationship. Each college as part of its autonomy can regulate various issues, creating many different hybrid work relationship models.

MERVARTOVA, J.: The amendment of the Labour Code. Acta univ. agric. et silvic. Mendel. Brun., 2012, LX, No. 2, pp. 511–516 The amendment of the Labour Code, No. 365/2011 Coll., eff ective as from 1st January 2012, brings some of fundamental changes in labour law. The amendment regulates relation between the Labour Code and the Civil Code; and is also formulates principles of labour law relations newly. The basic period by fi xed-term contract of employment is extended and also frequency its conclusion is limited. The length of trial period and the amount of redundancy payment are graduated. An earlier legislative regulation which an employee is temporarily assign to work for diff erent employer has been returned. The number of hours by agreement to perform work is increased. The monetary compensation by competitive clause is reduced. The other changes are realised in part of collective labour law. The authoress of article notifi es of the most important changes. She compares new changes of the Labour Code and former legal system and she also evaluates their advantages and disadvantages. The main objective of changes ensures labour law relations to be more fl exible. And it should motivate creation of new jobs opening by employers. Amended provisions are aimed to reduction expenses of employers under the reform of the public fi nances. Also changes are expected in the Labour Code in connection with the further new Civil Code. trial period, Labour Code, fi xed-term employment relationship, severance payment, agreement on work performance, overtime work

The economic crisis has exacted a heavy price on labor markets throughout the world and raised serious questions about the ability of the flexicurity policies to deal with the consequences. In this regard, the experience of Poland with its more flexible approach is notable. Shortly before the tumult erupted, the country witnessed a dramatic decline in its unemployment rate from one of the highest in the EU-27 to a figure below the average. However, this turnaround was apparently driven by amendments to the country’s Labour Code, which generated an enormous increase in temporary working. Using consecutive annual panels from the Labour Force Survey, a strong link between this development and the fall in unemployment is identified. A multinomial logit model reveals that the flows were most heavily concentrated among males, young workers of both sexes and the less well educated. There is also evidence that fixed-term work lured previously discouraged individuals back into the labor market. However, the requirement that Poland aligns its temporary employment legislation with that of the EU could conceivably lead to at least a partial reversal of fortune.

Vietnam has experienced a combination of sustained high economic growth and high inflation over the last ten years. This has been a 'double-edged sword' for the country as rapid price rises have also fuelled the growth in labour conflicts and strikes, which have the potential to negatively affect Vietnam's continuing economic growth. Added to this potent mix is the increasing evidence that some employers' strict use of managerial prerogative combined with poor working conditions and harsh treatment of employees have precipitated the growth of 'wildcat' strikes particularly in the country's growing export-oriented private sector. In the absence of publicly available statistics on industrial action in Vietnam, this paper draws on an analysis of strikes reported in the nation's key newspapers and three elite interviews to explore the types of disputes and their causes as well as the industries most affected.We find that in order to improve the management of workplace conflict, reform to the Labour Code alone is insufficient. There is also a need to train all parties in dispute resolution and to ensure that unions are independent of management.

As a result of a general revision, a new Labour Code entered into force on 1 July 2012 in Hungary. One of the determining objectives of the recent labour law reform was ‘flexibilisation’, and ensuring that regulation by labour law should be kept to a minimum. The new rules increased the contractual freedom of parties, and particularly the role of collective agreements in the regulation of employment relationships. While maintaining the basic structure of Hungarian labour law, the new Labour Code introduced conceptual changes in several key areas, such as the termination of employment relationships, liability for damages and collective rights. These changes were justified by the government on the grounds that the current labour law regulation was too rigid and that did not reflect the private law foundations of this field of law sufficiently. The article puts this statement under critical review and gives an overview of the most important elements of the labour law reform. In particular, after a short introduction we will examine what changes the new Labour Code introduced in the hierarchy of legal sources, and what attempts were made to extend the scope of the Labour Code to other forms of employment. Further, we will analyse to what extent the changes introduced by the new Labour Code modified the balance between the interests of employees and employers. Finally, we will also give an overview of the relationship between the new Labour Code and EU labour law.

A 2011. január 1-től létrejött új közfoglalkoztatási modell lényeges eleme a közfoglalkoztatási jogviszony jogintézménye, amely több vonatkozásban eltér a munka törvénykönyvben szabályozott munkaviszonytól. Meghatározó az állami ösztönző rendszer, ebben a közfoglalkoztatási bér szabályozása, a Nemzeti Foglalkoztatási Alapból finanszírozott közfoglalkoztatási támogatások, továbbá azok más pénzügyi forrásokból működtetett állami kiegészítései. A cikk a hazai közfoglalkoztatási rendszer alakulásának 2015. évi intézményi változásait mutatja be. Így többek között, hogy a közfoglalkoztatási jogviszonyban álló álláskeresők mentesültek a rendelkezésre állási és munkavégzési kötelezettségük alól arra az időre, amíg munkaviszony létesítése céljából történő állásinterjún vesznek részt. A közfoglalkoztatási bér 79 155 forintra, a garantált közfoglalkoztatási bér 101 480 forintra emelkedett. Az intézményesítés további elemekkel bővült, elindult a közfoglalkoztatási portál, megkezdte működését a Belügyi Tudományos Tanács Közfoglalkoztatási Munkacsoportja, megrendezésre került az I. Országos Közfoglalkoztatási Kiállítás. *** A core element of the new public employment model put into force on January 1st 2011 is the legal institution of public employment legal relationship which differs in several respects from the labour relationship regulated by the Labour Code. The governmental motivation system, and within that the regulations on public employment wages, the public employment benefits financed from the National Employment Fund as well as their governmental complements provided from other financial resources are all decisive elements. The article presents the institutional changes that took place in the evolution of the domestic public employment system in 2015. Thus, for example the fact that the job seekers possessing a public employment relationship were exempted from work for the time they spent on job interviews. Public employment wage was raised to HUF 79 155, and the warranted public employment wage to HUF 101 480. Institutionalization was extended with further components, the public employment web site was launched, the Public Employment Working Group of the Scientific Council for Domestic Affairs started operating, and the first National Public Employment Exhibition was organized.

The article is devoted to research of labour contract as a basis of appearance of labour relations. The problems of conclusion of labour contract, its entry into force, the time of appearance of the labour relationship are very topical. The labour contract is the main form of realization of the right to work, a basis of appearance of labour relations that makes legal base for their functioning. Before December 28 th , 2014 the actual admission to work was a basis of appearance of labour relations between employee and employer. This provision was determined by part 4, article 24 of the Labour Code of Ukraine. Later the article 24 of Labour Code of Ukraine was supplemented, and the actual admission to work was excluded as legal fact of appearance of labour relations. At present only labour contract is a basis of appearance of labour relations, so the legislator clearly expressed its opinion on recognition of the labour contract as consensual agreement. It is important to differ the time of conclusion of the labour contract (an agreement of the parties on its terms) and the time of appearance of labour relations (start of work). Labour relations arise from the day of start of work fixed in the labour contract, and labour contract arise after reaching the agreement between its parties on its terms. The “conclusion of the labour contract” should be distinguished from the procedure of “execution of the labour contract”. Conclusion of the labour contract is a procedure of approval by the parties its terms and form, giving it effective. So, it should be firstly agreed the content and form of the labour contract, and second step is execution of the labour contract. Just execution of the labour contract affects the time of appearance of labour relations. The labour relations appear in the moment of signing the labour contract and issue the appropriate order by the employer. The fact of conclusion of labour contract is a legal fact that is a basis of appearance of labour relations regardless of the labour contract form, which in different extent guarantees the rights and obligations of the parties.

Increasing the share of women on the labour market is an urgent issue that Europe must face in the context of aging society, which is perceived as a threat for the future socio-economic situation of European countries. However, in 2012 women’s participation in the labour market of the European Union was even by 12.2% lower than that of men. Poland was among the few countries with the greatest difference in the share of sexes on the labour market. One reason for women’s lower professional activity is the difficulties in combining work with family responsibilities. For many women maternity means long-term unemployment, or even resignation from a professional career, in relation to difficulties with returning to the labour market. Labour law may have a positive or negative impact on the situation of women on the labour market. An important regulation in this regard is one that regulates working time. Based on the analysis of the applicable regulations from the Labour Code, the article focuses on the available ways of working time management by the employee in the context of possible combining of work and the fulfilment of family responsibilities. Zwiększenie udziału kobiet na rynku pracy pozostaje pilną kwestią, z jaką zmierzyć się musi Europa w kontekście zjawiska starzenia się społeczeństwa, które jest postrzegane w kategoriach zagrożenia dla sytuacji społeczno-gospodarczej państw europejskich. Tymczasem w 2012 r. stopień partycypacji kobiet na rynku pracy był aż o 12,2% mniejszy od mężczyzn. Polska znalazła się w grupie państw o największej różnicy w udziale między kobietami a mężczyznami na rynku pracy. Jedną z przyczyn niższej aktywności zawodowej kobiet są trudności w łączeniu pracy zawodowej z obowiązkami rodzinnymi. Dla kobiet macierzyństwo oznacza długotrwałe bezrobocie, a nawet rezygnację z pracy zawodowej, w przypadku trudności z powrotem na rynek pracy. Prawo pracy może wpływać pozytywnie bądź negatywnie na sytuację kobiet na rynku pracy. W tym zakresie istotne znaczenie mają przepisy dotyczące czasu pracy. W oparciu o analizę obowiązujących regulacji Kodeksu pracy z zakresu czasu pracy podjęte rozważania koncentrują się na dostępnych sposobach zarządzania czasem pracy przez pracownika w kontekście możliwości łączenia pracy zawodowej z realizacją obowiązków rodzinnych.

Maternity leave in Chile has been a social right since 1919, when the International Labour Organization set the first global standards. From its inception, Chile's labour legislation focused on protecting motherhood and the family. The length of maternity leave has been extended several times since then but its main aim remains the protection of infant health. In 1931, Chile's first Labour Code required anyone employing 20 or more women to provide day care services and facilitate childcare and paid breastfeeding time for all mothers of children under one. Labour laws began to play an important role in accommodating the care of infants within working conditions, though not always effectively. In spite of job protection during pregnancy and breastfeeding, women can be dismissed on grounds other than pregnancy. It was only under Salvador Allende and again in the past two decades that Chile has enfranchised women as holders of health rights. However, many unresolved tensions remain. Chile promotes motherhood, but often considers that working women who demand employment protection abuse the system. Motherhood is a magic wand that represents the selflessness of women, but society throws a blanket of mistrust over women who wish to exercise their maternity rights and to determine the number and spacing of their children.

Every day, scientific knowledge is growing exponentially and either researcher, nor students have the ability to keep up with literature. On the other hand, new generations of students have different views of information access from that of their older professors and no longer need to depend on professors to obtain information. However, sometimes they are unable to relate this new information to existing knowledge or to transfer it to solve novel problems. It is a challenge for medical educators to search for new pedagogical models that promote in their students the development of strong cognitive processes that allow them to select, integrate, and transfer the new learning and, therefore, to reach meaningful learning. Meaningful learning occurs when the learner interprets, relates, and incorporates new information with existing knowledge and applies the new information to solve novel problems. Meaningful learning, then, involves building multiple representations (mental models) of knowledge. In medicine, meaningful learning implies that knowledge acquired by the students makes sense in their future medical practice and allows them to solve different problems In biology, meaningful learning means that the students are able to apply what they know about biology to novel situations, they are able to predict and explain the responses of a biological system if it is disturbed and sometimes to solve quantitative problems (calculate something). This is easier in the clinical setting than during basic science instruction. During the latter, students receive a great amount of information, some of which does not have direct medical application. Thus, many students in the first semester use rote memorization to acquire a large amount of information that they will forget after the exams. In this study, we addressed the following research question: does the concept mapping methodology, articulated with the mediated learning experience, increase meaningful learning in students attending to the cardiovascular module of a biology course?

Poland's post‐communist economic performance has been generally good. However, for many years, its growth was jobless; it exhibited very high unemployment rates and made little progress towards the targets set for EU Member States and accession countries. Unexpectedly, in 2003, the country's labour market began to exhibit a new dynamism, with employment growing strongly and unemployment tumbling. This apparent improvement coincided with a liberalisation of its Labour Code. Unfortunately, the measures introduced to increase flexibility are at variance with the EU's Fixed‐term Work Directive and will likely need to be modified, which may conceivably reverse the recent developments that form the focus of this article.

The minimum wage has been a controversial issue since 1912, when Massachusetts (USA) passed the first state minimum wage act. The Czech Republic has had a statutory national minimum wage since 1990 (Act no. 65/1965 Coll., or the Labour Code; the specific minimum wage levels and the conditions for applying it were then set by a Government Resolution in 1991). The paper deals with some results of empirical research into the effects of the minimum wage on enterprises and employment and compares the statutory minimum wage in the Czech Republic and selected countries.