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The first part of this article is devoted to the legislative proposal for a Directive of the European Parliament and the Council on the right to disconnect that was adopted on 21 January 2021 in the European Parliament Resolution. In this part of the article the legal nature of the “right to disconnect, “the personal and material scope of this right as well as the relationship to other (fundamental) labour rights and different aspects of the employment relationship are analysed. Furthermore, the author discloses the gaps of the legislative proposal and makes some suggestions concerning a new concept of working conditions. The second part of the article focuses on Russian labour law. During the process of reforming the legislation on remote work it was widely discussed whether “a right to disconnect” should be provided for in the Russian Labour Code. The author analyses problems with the organisation of working time concerning the application of a special working regime entitled “unregular working day” and the recording of working time. Furthermore, the perspectives of the application of self-protection of labour rights as a way to guarantee the right to disconnect are examined. The conclusion stresses which measures would be necessary for an effective execution and enforcement of the right to disconnect.

This article deals with the issue of extending the right to conduct a collective labour dispute to persons performing paid work under civil law contracts, after the entry into force of the Act of 5 July 2018 amending the Act on Trade Unions and Certain Other Acts (Journal of Laws 2018, item 1608). The author considers the question whether and to what extent the right to strike and to take industrial action, provided for in the Act of 23 May 1991 on Resolution of Collective Disputes (consolidated text: Journal of Laws 2020, item 123), extends to civil lawful contractors. The position is presented that the proper application of the above mentioned law to the indicated circle of work contractors cannot mean the deprivation or limitation of their right to strike and to take industrial action. The solutions implemented by the Polish legislator with regard to persons performing work outside the employment relationship are more advantageous and far-reaching in comparison with the requirements resulting from the international labour law acts binding on Poland. However, there are specific problems with applying to these persons some of the regulations included in the Act on Resolution of Collective Disputes. These problems results from the fact that the individual legal relationship between these persons and the entities employing them is based on the provisions of civil law, and not on the Labour Code. Niniejsze opracowanie podejmuje temat rozszerzenia uprawnień do prowadzenia sporu zbiorowego pracy na osoby wykonujące pracę zarobkową na podstawie umów cywilnoprawnych, po wejściu w życie ustawy z 5 lipca 2018 r. o zmianie ustawy o związkach zawodowych oraz niektórych innych ustaw. Autor rozważa pytanie, czy i w jakim zakresie prawo do strajku i akcji protestacyjnych, przewidziane przez ustawę z 23 maja 1991 r. o rozwiązywaniu sporów zbiorowych, rozciąga się na cywilnoprawnych wykonawców pracy. Prezentowane jest stanowisko, że odpowiednie stosowanie wymienionej ustawy do wskazanego kręgu adresatów nie może oznaczać de lege lata pozbawienia ani ograniczenia przysługującego im prawa do strajku i akcji protestacyjnej. Rozwiązania wdrożone przez polskiego ustawodawcę w odniesieniu do osób wykonujących pracę poza stosunkiem pracy są bardziej korzystne i dalej idące w porównaniu do wymagań wynikających z wiążących Polskę aktów międzynarodowego prawa pracy. Rysują się jednak szczegółowe problemy stosowania do tych osób niektórych regulacji zamieszczonych w ustawie o rozwiązywaniu sporów zbiorowych, co wynika z tego, że indywidualny stosunek prawny pomiędzy tymi osobami a podmiotami je zatrudniającymi jest oparty na przepisach prawa cywilnego, a nie na przepisach Kodeksu pracy.

The article presents a brief analysis of the situation in Belarus and Ukraine with the spread of coronavirus COVID-19 and measures taken by employers to optimise labour and social security relations during 2020. A brief overview of the decisions taken by Presidents, Parliaments, Governments and Ministry of Healthcare of both countries aimed at containment of coronavirus infection is presented. The latest changes in the Labour Code of Belarus and Labour Code of Ukraine, which regulated remote work since 2020, were touched upon. Attention is paid to the concept of self-isolation under the legislation of Belarus and Ukraine, restrictive measures that must be observed when self-isolating citizens in connection with COVID-19 infection, as well as level 1st and 2nd contacts. The authors analyse the new legislative provisions governing home and remote work, introduced into the labour legislation in Belarus in 2020, in Ukraine in 2020 and 2021. The article presents the specific experience of Belarus, where the presidential decree extended the rights of employers to temporarily transfer employees without their consent, as well as to change essential working conditions, and without making changes to the Labour Code. The authors give an assessment of such legislative innovations. The article deals with some issues of social support for employees who find themselves in a situation of downtime due to the suspension of the activities of organisations that are idle, as well as self-isolation. At the end of the article, some suggestions and recommendations are made for further adaptation of labour and social security legislation in Belarus and Ukraine in the context of the COVID-19 pandemic. © 2021, National Academy of Legal Sciences of Ukraine. All rights reserved.

The COVID-19 epidemic has had a substantial impact on Polish legislation since the beginning of 2020. The economic slowdown and the consequent fall in the state budget revenue are among the anticipated effects of the epidemic. As a result, provisions introducing lex specialis to the Labour Code and certain employment regulations specifying dissolution of employment relationships in some public administration organisations became part of the COVID-19 Act. The new legal construct comes down to extensive facilitation in the process of redundancies for employers dismissing their employees. The protective function of labour law provisions insofar as it upholds duration of the employment relationship is consequently restricted. Provisions of the COVID-19 Act in this respect are unacceptable. Each regulation should arise from objectively identified needs to legally govern social relationships and should not inflate laws or undermine citizens’ trust in legislation. The postulate of this legal direction of determining social relationships is particularly important with regard to relationships of employment, in particular, those founded on appointment in public administration. The possibility of identical treatment of employees hired on various legal grounds merely appears to conform with the constitutional protection of equality in law. Without detriment to employers’ right to determine employment levels, the new regulations in connection with the COVID-19 epidemic seem unnecessary, since their objectives can be attained by application of normal remedies provided for by labour law.

In accordance with the provisions of Article 37(1) of the Regulation (Eu) 2016/679 Of The European Parliament And Of The Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation — GDPR) the controller and the proces-sor shall designate a data protection officer in any case where: a) the processing is carried out by a public authority or body, except for courts acting in their judicial capacity; (b) the core activities of the controller or the processor consist of processing operations which, by virtue of their na-ture, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale; or (c) the core activities of the controller or the processor consist of processing on a large scale of special categories of data pursuant to Article 9 GDPR and personal data relating to criminal convictions and offences referred to in Article 10 GDPR. In other cases, the designation of a data protection officer is the right of the personal data administrators or processors. In accordance with the provisions of Article 37(6) GDPR the data protection officer may be a staff member of the controller or processor, or fulfil the tasks on the basis of a service contract. Neither GDPR nor the Polish Law of 10th May 2018 on the Protection of Personal Data define the legal form for the employment of data protection officer. It must therefore be assumed that he may be employed under a contract of employment as an employee within the meaning of the provisions of the Polish Labour Code. The provisions of the GDPR specify specific tasks of the data protection officer and designate a special position in the organisational structure of the entity in which personal data are processed. The data protection officer reports directly to the highest management level of the controller or the processor (e.g. head of the organisational unit or to a natural person that is the administrator of per-sonal data). The data protection officer, in the exercise of his tasks of law retains a wide autonomy and independence in the workplace and the employer is obliged to provide him with independence in connection with the performance of his tasks. The controller and processor shall ensure that the data protection officer does not receive any instructions regarding the exercise of those tasks. The main consequence of this is reducing the possibility of managing the work of the data protection officer by using the commands of the employer. It should be considered that the data protection officer is employed in an atypical employment relationship.

Magyarország 2018 december közepén hirtelen címoldalon került be a nemzetközi hírekbe. Bár a marketing azt tanítja, hogy a „negatív reklám is reklám”, jogászként az a véleményem, hogy az érdekes című hírek mögött érdemes alaposan megvizsgálni a tényhelyzetet is üzleti döntéseink meghozatala előtt. A hír alapja a Munka Törvénykönyvének a módosítása, melyet a médiában „Rabszolgatörvény” néven neveznek. A nemzetközi média által közölt demonstrációk és atrocitások egy az Országgyűlés által frissen elfogadott, de a köztársasági elnök által még ki nem hirdetett jogszabálynak a média egy része által interpretált tartalma miatt robbantak ki. Mit mond ki az új szabály, rabszolgaként dolgoztathatóvá válnak a munkavállalók, vagy megkönnyíti az emberek gyarapodásának lehetőségét azáltal, hogy többet tudjanak dolgozni azért, hogy több pénzt keressenek? Az állampolgárok-munkavállalók érdekeit figyelembe véve csak a törvény elfogadása-elutasítása között lehet választani, vagy az új rendszernek a jog és a gazdaság saját működési logikáját felhasználva van harmadik lehetősége is, esetleg csak egy kis „finomhangolást” kell az új rendszeren végrehajtani? Ezért az üzleti életben jelentős versenyelőnyt tud jelenteni, ha találunk egy a rendszerrel konform, azt nem sértő, de a megoldás újszerűsége miatt korábban ismeretlen és hasznos megoldást.

The aim of this article is to present practical difficulties and their solutions and also to illustrate effects of the introduced amendment to Art. 29 § 2 of the Act of June 26, 1974 of Labour Code. The author shows how this regulation was shaped in previous amendments in his attempt to answer how the finally introduced amendments have improved the situation of employees. Consequently, the aim of the article is to present the benefits resulting from this change, but also the risks arising upon introduction of the latest amendment. The author considers the question whether the procedure, however simple from the point of view of the legislative technique, is not an unfortunate attempt to patch the legal gap, which is often the subject of abuse. In the text, the author also wonders how the amended provision affects the situation of people starting work and what it alters in the case of people who have been in the labour market for years.

The principle of non-discrimination lies at the heart of the socio-economic order of the EU, the main parameters of which are sustainable economic growth, price stability, a highly competitive social market economy aiming at full employment and social progress, inclusion and social cohesion, non-discrimination, including equality between women and men and social justice (TEU: art. 3.3). Therefore, the prohibition of discrimination becomes a sine qua non condition for achieving EU treaty goals, strongly correlated with the theory of ordoliberalism. The aim of the article is to analyse the normative way of securing the principle of non-discrimination in EU law in the perspective of ordoliberalism and its implications for Polish law. The authors intend to answer the research question about the extent to which ordoliberal theory had an impact on the development of the principle of non-discrimination, understood as a subjective right to equal treatment, regardless of individual characteristics, other than nationality, through the comparison of relevant provision of EU law and the Polish Labour Code.

The purpose of the article is a conducting of the legally-technical analysis of the Labour Code of Ukraine draft (hereinafter Draft). Scientific novelty is specified by the estimation of the Draft quality in the view of their accordance with the requirements and rules of the norm drafting technique. First of all, the compliance of the bill with the doctrinal provisions of the general theory of law has been considered. From the standpoint of the theory of law, the correct use of the terms «legal act» and «legislation» in the text of the draft, the provisions on the topic «system of legal acts of Ukraine» and «legal relations» are evaluated. Attention is drawn to the fact that the draft norms do not always correspond to the generally theoretical positions. In the new Labour Code the correct application of a number of norm drafting technique tools, which relate to the content of a normative-legal act, especially, observance of the principle of the rule of law and social orientation. When assessing the Draft for compliance with the logical rules, it is necessary to state the observance of such requirements as the sequence of presentation and the transfer of general provisions to the specific ones. An example can be the «location» of books. The first book – general terms, the second – the emergence and termination of labour relations, etc. In Art. 2 of the draft the principles of legal regulation of labour relations are consolidated. Such practice is inherent in the latest codes of Ukraine and deserves an approval. The definition of terms in the Draft, unlike other codes, including the Tax and Criminal Procedure Codes, is proposed not at the beginning of the text in one of the first articles of the normative legal act, but during the presentation of the material for the first use. With regard to compliance with the rules of defining, we can state that the definition of terms in the Draft meets the existing requirements. The text of the draft is set out in general in accordance with the language rules and structuring rules. The draft Labour Code envisages its division into books. Given the not-too-voluminous scope of the future code, such a distinction seems not to be well-argued enough. Conclusions. The draft of Labour Code of Ukraine is a bill that basically meets the requirements and rules of normative-legal technique. Considerations are made to improve the perfection of the drafted labour law. Raised questions can be used by the working group for its further development and encourage new scientific discussions.

The Constitutional Court (hereinafter: CC) made 93 decisions in the first quarter of 2019. From these, 20 decisions were on the merits, meanwhile the others were mainly rejections on formal grounds. In the competences of norm control, the CC has annulled one legal regulation, it declared one constitutional requirement and one legislative omission. The mostly practiced competence of the CC is still the constitutional complaint procedure, mainly the one against judicial decisions. In its competence, the Court annulled six judicial decisions in the second quarter of 2019. The Article summarises five significant decisions of the CC from the second quarter of the year. The CC ruled that when the institutional frame of the environmental protection authorities is changed, it is contrary to the Fundamental Law if the first grade and the second grade authority is the same [CC decision 12/2019 (IV. 8.) AB]. The Court ruled that the removable paintings made on the asphalt in order to raise the attention of the authorities for the omitted reparation falls within the protection of the free speech clause and therefore it cannot be sanctioned [CC decision 14/2019 (IV. 17.) AB]. The Court has made several important statements about the obstruction when examining the invalidity under public law of certain amendments of the Labour Code [CC decision 15/2019 (IV. 17.) AB]. The Court ruled that communicative actions that have a threatening character and that may cause public danger do not fall within the protection scope of the free speech clause [CC decision 3089/2019 (IV. 26.) AB]. Lately the Court, when examining the regulation on the prohibition of living on the streets has declared that it is the obligation of the State to help those in need, and from this obligation the State should proceed as a social caretaker, therefore the constitutional prohibition of dwelling on the streets should be counterbalanced by the obligatory institutional care for those without home.

The article deals with the problem of discrimination in the workplace. The definition of discrimination in the provisions of the Polish Labor Code, its types and the possibility of obtaining compensation are presented. The author summarizes the changes in the new provisions on discrimination issues in the workplace that have been included in the Labor Code. The study contains rulings of the Supreme Court and labor law doctrines.

The Supreme Court, in the ruling which is subject to this commentary, addresses the notion of an employee referred to in Article 218 § 1a of the Criminal Code. The court discussed the issue of the designation and limits of the notion of “employee” and the subject-matter of protection of the provision referred to above along with its scope. The commentator – in this context – analyses the Supreme Court’s thinking. The commentary’s author agrees in most part with the belief that “the scope of Article 218 § 1a CrC covers only persons who are employees within the meaning of Article 2 LC and Article 22 § 1 and § 11 LC”, though he deems it incomplete as one also needs to take into account Article 8(2a) of the act on social insurance, where – with regard to social insurance – the notion of an employee is slightly broader than the one included in the provisions of the Labour Code. The commentator believes it legitimate that the subject-matter of protection of Article 218 § 1a CrC includes all employee rights resulting from an employment or social insurance relationship. The commentator shares the de lege ferenda postulate for the “protection under Article 218 § 1a CrC to include also persons in employment relationships other that a contract of employment” and, which the Court did not address in the discussed resolution, the civil law relationship referred to in Article 8(2a) of the Social Insurance Act.

The article refers to the violation of the principle of employee loyalty, which is an inseparable element of an employee’s legal relationship with the employer. Violation of duty of loyalty, in both Supreme Court and Common Courts case law, is a justified reason for termination of the employment contract in each mode, depending on the fulfillment of the conditions described under Article 45 or 52 of the Labour Code. In each case, the reason based on violation should be specified and referred to the general clauses contained in the provisions of the above articles adopted by the legislator. Lack of employee’s loyalty may also determine the non-consideration of his or her claims, even if there existed a breach of the provisions of the Labour Code when making a dismissal.

The purpose of this article is to discuss the issue of provision work during the period of sick leave in the context the principle of employee loyalty. On the basis of the doctrine and case law, the author characterized the principle of loyalty to the employee and the fundamental duties of the employee. The author indicates the work during the sick leave as a serious violation of the employee’s fundamental duties. The article discusses the effects of the employee’s use the sick leave contrary to its intended purpose, resulting from the Labour Code and the Act of benefits from social insurance in case of illness and maternity. The author also mentions examples of performing work during a sick leave, which are not constituted as a violation of basic principles to the employer. In conclusions, the author indicates that the principle of employee loyalty towards the employer is the basis of relations between the parties to the employment relation.

Článek se zabývá problematikou výkonu závislé práce podle podmínek § 317 zákoníku práce, která je nejčastěji označována jako home office. Protože takové označení zákon nepoužívá, zabývá se tento článek srovnáním pojmů, které se pro tento právní institut používají, a stanoví základní kritéria pro jeho přesné vymezení. V následujících částech se článek zabývá problematikou místa výkonu závislé práce jako základním znakem tohoto institutu, popisuje a rozebírá meze jeho právní úpravy. Zaměřuje se na problematiku BOZP, pracovních úrazů, odměňování a dalších, které jsou možnými omezeními aplikace v praxi. The article deals with the issue of performing dependent work according to the conditions of § 317 of the Labour Code which is most often reffered to as home office. Because such a designation is not used by law, this article deals with the comparison of the terms that are used for this legal institute and determines the basic criteria for its precise definition. In the following sections, the article deals with the issue of the place of performing dependent work as a basic feature of this institute, describes and analyzes the limits of its legal adjustment. It focuses on the issue of OHS, accidents at work, remunerations and others, which are possible limitations in application in practice.

Probation is a trial period to test a new employee for a particular position. It is commonplace for many employers to stipulate that the contract begins with probation based on a mutual agreement with the employee. During the probationary period, more flexible standards are given to review unfair termination. Notwithstanding, a degree of protection insofar as it safeguards employees from the risk of unfair termination shall be granted. Article 37 in the Iraqi Labour Code No. 37 of 2015 permits the employer to test the employee for a maximum of three months if the latter has no professional certificate. The same article empowers the employer to terminate the contract if the employee has failed in the suitability test without setting any standards for such a test. In reviewing cases arising on the basis of unfair termination claims, the judiciary in some developed countries has come up with basic standards of the suitability test. This paper, therefore, attempts to examine Article 37 in the Iraqi Labour Code in light of the new judiciary trends and finally suggests redrafting the mentioned article to be more compatible with the rights of contractual parties.

The employer is not always the perpetrator of mobbing. The employer’s responsibility for the actions of other people results from the employer’s breach of the obligation to counter mobbing (Article 943 § 1 of the Labour Code). Certainly, mobbing is a negative, undesirable phenomenon, and the interpretation of regulations shaping the employer’s responsibility for the effects of mobbing should take into account the aim of completely eliminating this phenomenon from the work environment. Precisely because of this aim, it is vital to discuss in broader terms, from the perspective of art. 943 of the Labor Code, the position expressed by the European Court of Human Rights in the justification of the judgment of November 6, 2018 (Vicent Del Campo v. Spain, no. 25527/13), which emphasized that the personal data of an employee who was not a party to court proceedings, with the indication that this employee committed acts of psychological harassment of another employee, constitutes a violation of the right of the perpetrator of these acts to respect his private life.

Non-occupational work-related diseases refer to health problems of multifactorial etiology, the occurrence, development and prognosis of which may be affected by work environment or by the way the work is performed but are not treated as occupational diseases under the applicable law. When analyzing their impact on labor market, it is necessary to also consider the employees' right to put in a claim for compensation due to the consequences of the occurrence of such diseases.Legal regulations as well as judicial decisions on the possibilities and methods of pursuing claims for compensation from an employer due to the occurrence of non-occupational work-related disease were analyzed.The analyzed legal regulations and judicial decisions referred to the regulations of the Labour Code, Civil Code and Resolution of the Supreme Court of 4 December 1987. The paper presents examples of non-occupational diseases considered to be work-related and conditions necessary to assert a claim by the employee at the court.Despite the lack of precise legal regulations in Poland, non-occupational work-related diseases may impact the legal situation of employees as well as employers. Employees are granted the right to claim for compensation from their employers in accordance with the Civil Code. Depending on the employer's legal responsibility, it is necessary to prove the meeting of the appropriate essential conditions to put in a claim for damage. Raising the employers' awareness of the legal and financial consequences shall support the occupational medicine services in intensifying their activity aimed at preventing all work-related diseases. Med Pr 2018;69(5):539-546.Do chorób niezawodowych związanych z pracą zalicza się schorzenia o wieloczynnikowym pochodzeniu, które w świetle obowiązujących przepisów nie mogą być uznane za choroby zawodowe, ale na których rozwój, przebieg lub rokowanie może mieć wpływ środowisko pracy lub sposób jej wykonywania. Rozważając ich wpływ na rynek pracy, oprócz absencji chorobowej, zjawiska prezenteizmu oraz skrócenia aktywności zawodowej, należy również mieć na uwadze możliwość dochodzenia przez pracowników roszczeń odszkodowawczych z tytułu konsekwencji ich wystąpienia.Analizie poddano uregulowania prawne oraz orzecznictwo dotyczące możliwości i zasad dochodzenia przez pracownika roszczeń odszkodowawczych od pracodawcy z tytułu wystąpienia choroby niezawodowej związanej z pracą.Orzecznictwo odpowiadające celowi pracy nawiązywało do przepisów Kodeksu pracy, Kodeksu cywilnego oraz uchwały Sądu Najwyższego z dnia 4 grudnia 1987 r. W tekście przedstawiono przykłady chorób niezawodowych uznawanych za związane z pracą oraz wymagane prawem przesłanki, niezbędne do dochodzenia swoich roszczeń w sądzie przez pracownika. Omówiono również formy roszczeń cywilnoprawnych.Pomimo braku szczegółowych regulacji prawnych w Polsce, niezawodowe choroby związane z pracą, a w szczególności ich skutki, mogą mieć wpływ na sytuację prawną zarówno pracownika, jak i pracodawcy. Pracownikowi przyznano prawo dochodzenia od pracodawcy roszczeń odszkodowawczych na mocy przepisów Kodeksu cywilnego. W zależności od rodzaju odpowiedzialności pracodawcy, konieczne jest wykazanie spełnienia odpowiednich przesłanek w celu wystąpienia z roszczeniem odszkodowawczym. Uświadomienie pracodawcom konsekwencji prawnych i finansowych powinno wspomóc służbę medycyny pracy w intensyfikacji działań ukierunkowanych na zapobieganie wszystkim, również niezawodowym, chorobom związanym z warunkami pracy. Med. Pr. 2018;69(5):539–546.

In the article the author’s opinion on the employee’s liability regulated by the Labour Code provisions regarding unjust enrichment regulated in Articles 405–414 of the Civil Code is presented. First both forms of liability are identified and the earlier views of the case law and scholars on the employee’s liability for unjust enrichment are analysed. The author ultimately aims at entering into polemics with the current views of the representatives of science and the judiciary, to end with the thesis pointing to the need for the regulation of the Civil Code in matters relating to employee’s unjust enrichment.

GOVERNMENT AGENCIES PERFORM PUBLIC TASKS ON THEIR OWN BEHALF AND ON THEIR OWN RESPONSIBILITYIn the broad meaning, government agencies have the status of an administrative offi ce, a commercial law company or a state legal entity. This means that government agencies are employers which operate in the public sphere. They are separate legal entities, that are represented by their bodies. Executive organs and managers of the agency may be their Presidents, Chiefs or Directors who are legally authorized to represent them and, on the basis of labour law, to perform activities in this fi eld Article 3 of the Labour Code. The public administration body, equipped with the competence to appoint the President, the Chief or the Director of a government agency is the Prime Minister or the competent minister. This means that the appointment of a specifi c person to perform the function of the agency’s body is not made by the employing entity i.e. the employer, but by an external entity, which is the primal body located outside the employer’s structure.

Labour standards are more and more framed as open norms at a higher level of abstraction. A considerable share of these open norms set standards of conduct for employers in order to inspire socially responsible corporate behaviour. Nonetheless, concerns are often raised about the uncertain, un-measurable, possibly insufficient implementation of these open standards. The present paper examines one illustrative Hungarian regulatory case-study in order to be able to reflect on the chance of implementation of open norms in a more general context. This regulatory case study is the principle of ‘equitable assessment’ from the new Hungarian Labour Code. According to this ‘employers shall take into account the interests of workers under the principle of equitable assessment; where the mode of performance is defined by unilateral act, it shall be done so as not to cause unreasonable disadvantage to the worker affected’ (Section 6, Subs. 3 of Act 1 of 2012 on the Labour Code). The principle of ‘equitable assessment’ institutionalizes one form of the proportionality-test, as a limitation on employers, into the architecture of Hungarian labour law as a general standard. One of the main assumptions of the paper is that ‘essence’ i.e. the goal, aim, relevance, ‘marketing’, uptake, infrastructure etc, of a given open norm is the truly important factor for its total effect and success, not solely its judicial practice. In summary, the principle of ‘equitable assessment’ does not fulfil its intended most important functions and, for the time being, it cannot unfold its inherent multifaceted potential. In this context, the study examines the reasons why this standard is struggling with a form of functional deficiency and aims to demonstrate how this particularly important provision could be more effectively operationalized, dynamized, and ‘breathed into life’.

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.

The article deals with the general considerations on the relationship between Public and Private Law and on the relationship of the Professional Soldiers Act (Act no. 221/1999 Coll., on Professional Soldiers) to other legal regulations. The contribution also defines and interprets certain terms (family, household/shared household, close person, child, spouse/partner) at which demonstrates the combination of both legislative branches. It attempts to demonstrate that the laws so called armed legislation, particularly the Professional Soldiers Act is not a world closed on itself, but rather an area that is a part of the unified legal system linked to a number of laws, including Private Law (especially to the CivilCode and Labour Code).

An integral right of a person in the sphere of employment is the right to the choice of job. The right isimplemented by direct communication with the employer or by the assistance of employment agenciesor other similar bodies. Prior to the modern Russian Federation Labour Code, the former Code (KZoT)contained a special chapter Employment and Placement. The current Labour Code does not have thischapter. Legal, economic and organizational conditions of employment are determined by the currentlegislative acts, in particular by RSFSR Law On Employment of Population in the Russian Federationdated April 19, 1991. It contains the rules determining the rights of citizens in employment; legal statusof an unemployed person, powers and functions of federal and regional bodies; additional guaranteesof employment for certain categories of citizens experiencing difficulties with employment. In this regard,academic community arranged a wide discussion which focused on the employment in a particulararea. The interest to the discussion on the issue remains permanent in labour law. Hence the paperis devoted to the issue. The paper scrutinizes the legal nature of relations emerging under employment,the opinions of Russian researchers on this issue. The author’s contribution may be represented by thethesis that it is irrelevant to consider any of the current approaches to the legal nature of employmentrelations as a priority. The application of the idea was the core of the author’s research.

the article analyzes urgent issues of application of international law in the field of labor relations. The inclusion of international law in the Russian legal system has become a necessity because at the present time the most universally recognized norms of international law and international treaties can actually be achieved and implemented solely through the judicial system. The main domestic legal norm permitting courts of the Russian Federation to be guided by the provisions contained in international law is set out in part 4 of article 15 of the Constitution of the Russian Federation.

The problem of the lack of the Basic Law of the RF the rights of employers in the workplace. Analyzes the current russian legislation, in particular the provisions of the Labour Code of the RF and the provisions of the Code of Administrative Offences of the RF. There is debate about whether the constitutional rights of employers, in which the author comes to a positive conclusion based on the principle of equality before the law. In conclusion, given the necessary changes in labor and administrative law, as well as the Constitution.

The article considers theoretical issues of labor protection in the Russian Federation and in FederalRepublic of Germany. The analysis of different perspectives on the concept and content of laborprotection in broad and narrow sense, the protection of labor as a social phenomenon and as acomprehensive legal education, but also as an institution of labor law. Based on the wording of thelabour protection, provided by Article 209 of the Labour Code, the conclusion is justified that, underthe protection of labour the institute of labour law should be understood a body of rules of labour law,aimed at preserving the life and health of employees in the workplace. It is proved that in General,the norms of labour law that make up the Institute of protection, fix: 1) the basic functions of the statein the field of labor protection; 2) requirements to labour protection; 3) rights and obligations of theparties to the employment relationship in the field of labor protection; 4) guarantee the right of workersto labor in conditions meeting the requirements of labor protection; 5) system and legal statusbodies of management and control over labor protection; 6) a system of guarantees of the rights ofworkers on labour protection. These issues are addressed in a comparative perspective in Russiaand in Germany. Thus it is proved that the German law considers occupational health as a systemof measures aimed at ensuring the safety and health of workers. The article analyzes the followingcomponents of labour protection in Germany: general labor protection; social protection of labour;technical labour protection; medical protection of labour. The author formulates a conclusion thatthe concept of labour protection in German law is broader than in Russia, because it includes (in additionto the components related to the actual labor protection), measures to establish a reasonablemode of work, regulation of working time and rest time.

Background: The Labour Law Codification Committee worked from 15 September 2016 until 15 March 2018, and over these 18 months a team of 14 labour law experts was supposed to codify both individual and collective labour law. As you know, despite such a short timeframe, this Committee prepared two drafts: individual and collective labour law. Certain representatives of both employers and employees voted against the aforementioned drafts, yet they remained involved in the works until the end. In retrospect, this completely incomprehensible situation can be explained by the often lack of understanding of the political foundations of the state that determine the socio-economic order and, as a result, labour matters (in my opinion, it cannot be explained in any reasonable way, and I remember how lively discussions at meetings sometimes were, with numerous disagreements showing that the participants were absolutely poles apart, despite representing the same social partner). After all, the works on the labour code did not leave much room for manoeuvre for Committee members preparing its provisions. Thus, there is a question about the true reasons behind such a status quo. That is the subject matter of the study. Research purpose: The goal behind the present study is to find the answer to the question about the reasons behind ignoring the provisions of the Constitution, as these provisions should at all times be the guiding light when working on the draft code, thus defining the limits for the codification. At this point, I hypothesise that the Polish legal thinking about the labour law is unfortunately poorly rooted ideologically in the provisions of the Constitution in force, and the Constitution is sometimes deeply misunderstood as regards its subject matter, i.e. the socio-economic order, and the labour aspect to be precise. Conclusions: I think that the reasons behind this can be traced to the fact the Polish labour law of the transition period was not bound by any constitutional principles at all. It was made somewhat ‘on the side’, as a side effect of the economic changes, and any attempts at defining the labour regime that might override the economic changes have failed. Even the Constitution that entered into force in 1997, with its strong effort to determine this labour order, did not overcome the habit of lawmaking that is sometimes, in a way, axiologically detached from the provisions of the Constitution. What is more, the vision of a social market economy based on the solidarity of social partners and the recognition of worker’s dignity, among others, is hardly promoted, if at all.

Autor textu rozebírá historická východiska inspirující tvůrce československého zákoníku práce při tvorbě tohoto socialistického kodexu pracovního práva. Poukazuje též na úskalí doprovázející vznik tehdejší kodifikace. Author of this text analyses historical sources inspiring for legislator of the Czechoslovak Labour Code while creating this socialist code of labour law. He also points out issues accompanying the commencement of former codification.

This chapter investigates the grievances and demands of workers interviewed in 2014 and 2015 who had been involved in strikes in six selected companies in Đong Nai Province, and includes an in-depth discussion of one company case study. In justifying their grievances concerning wages and working conditions, most workers provide an understanding of workplace relationships drawn from moral norms of subsistence and reciprocity, and call upon management and the state to uphold their moral obligations. The chapter argues that interviewed workers exhibit consciousness of their basic social rights, which are broader than but somehow overlap with legal rights granted in the Labour Code. The relationship between these rights in turn demonstrates the fluidity between values derived from law and other sets of norms in shaping workers’ views and expressions of justice.

It is critical that persons with disabilities as well as incapacitated persons have a right to employment in order to enjoy living and working in the community as equal citizens. Under Polish law, persons under partial guardianship, or partially incapacitated retain the right to work (Article 22 § 2 of the Labour Code), but the current Polish regulations are unclear on the rights of fully incapacitated persons regarding their employment rights. Although Poland signed the UN Convention on the Rights of Persons with Disabilities already on 30 March 2007, it ratified it only on 6 September 2012. The Convention regulates certain standards concerning the rights of persons with disabilities and has a rather symbolic dimension, being a specific constitution of rights of persons with dysfunctions, accepted by many countries. The final assessment of the impact of the Convention on the situation of the incapacitated in Poland will only be possible when all applicable provisions of the Convention on the Rights of Persons with Disabilities have been fully incorporated in the Polish law.

Termination of employment without notice due to the employee’s fault pursuant to the provision of Art. 52 of the Labour Code is possible in three enumerated instances. These include: severe violation of basic employee duties, a serious offence committed by the employee during the term of the employment contract that renders further employment at his or her post impossible when the offense is obvious or confirmed by a final court judgment and, finally, culpable loss of license or qualification necessary to perform work at the post. The present article discusses the two latter premises mentioned above, based on the Supreme Court judicature.

The labour law theory lacks a properly developed doctrine of the institute of legal protection (norms andsubinstitutes). Besides, there is no conceptual legal model for the institute of security and hygiene oflabour. The author attempts to complete the blank in legal science. The methodology of the paper is alegal theory as a fundamental regulator of public relations, doctrinal concept of the institute of labourprotection (safety and hygiene of labour) in Russian labour law. This is the first attempt in Russianlabour law to examine the institute of protection and hygiene of labour not only in terms of the currentapproaches but also the draft of the federal law On Security and Hygiene. The paper concludes that the institute of protection of law did not initially (in 1918) met the conceptual idea, content and purposeto promote to saving life and health of employee. Currently, it is not justified to include the instituteof Protection of Labour in part X of the Code. It is evident that the norms of ensuring life and healthof employees require revision in RF Labour Code part IV, i.e. following the institute of Labour agreement- the central concept in Russian labour law. It is paramount: 1) to give a new title to part X ofRF Labour Code, i.e. Security and Hygiene of Labour; 2) Art. 209 the Code determines the concept oflabour security and hygiene of labour; 3) to arrange in chapter X of RF Labour Code to regulate securityand hygiene of labour. Chapter X of RF Labour Code Security and Hygiene of Labour requires a brandnew content. Hence, all the legal doctrines - both Soviet and Russian - on the institute of labour protection await revision.

The authors undertake an analysis of features of mediation in individual labour disputes settlement in the Republic of Kazakhstan and the Russian Federation. The current paper also analyzes the experience of some foreign countries (USA, UK, Germany), based on a study which suggests the ways of improving the mediation institution in Kazakhstan. In addition, the identified advantages of mediation as an extra-judicial regulation of labour disputes, the authors point out the identified shortcomings of the matter in new the Labour Code of the Republic of Kazakhstan. Relevance of the topic is reasoned to the fact that in the 21st century extra-judicial settlement of disputes is preferred worldwide these days. In this context, it is no exception to the regulation of individual labour disputes without appealing to the courts. It demonstrates the role and significance of the introduction and development of conciliation procedures, including mediation, without diminishing the importance of other remedies to protect labour rights and freedoms provided in the labour legislation. An analysis of Kazakhstan’s and Russia’s procedural laws indicates a steady trend of expansion of alternative legal ways of disputes settlement in general, and particularly in labour disputes, including disputes between economic agents (employer and employee), which seems to be responded to the modern development of economic relations. Extrajudicial ways of conflict resolution may be undertaken not only by jurisdictional, but also by non-judicial mechanisms that are in the beginning stage of formation as alternative ways of resolving labour disputes at this period of Kazakhstan’s development.

This article deals with issues related to the development of Soviet labor law during the "thaw". It is noted that since the mid-1950s. after a long break (almost thirty years) the revival of science Forced labor law. Scientific outlook is largely determined the content of the new corrective labor laws (Fundamentals of Corrective Labour Legislation of the USSR and the Union Republics of 1969, the Corrective Labour Code of RSFSR, 1970). The paper analyzes the ruling Communist Party, the decisions of legislative bodies and various agencies, which defines the main directions of development of correctional labor law, which gives the corresponding evaluation. The sanctions of the new Criminal Code of the RSFSR was more than these types of punishment as correctional labor without imprisonment, a fine. The maximum penalty of imprisonmentis reduced from 25 to 15 years. In Forced Labor Act was quite clearly defined the legal status of convicted persons, strengthened the guarantee of their status, more attention has been paid to educational work with convicts. The use of labor condemned became the focus be placed on the development of its own production base. Political and ideological basis of corrective labor policy was the position of the CPSU Program that every stray from the employment gauge a person can return to honest work.

В статье обсуждается вопрос о возможном внесении изменения в статью 142 Трудового кодекса Российской Федерации в части, касающейся установления обязанности работодателя: в первую очередь выплатить задержанную заработную плату, а после этого уведомлять работника о выходе на работу.Текст доклада автора на Общероссийской (национальной) научной конференции «Моисеевские чтения. Культура и гуманитарные проблемы современной цивилизации», которая состоялась 4–5 марта 2020 г. в Московском гуманитарном университете.

Labour law can be established both by statutory law and by collective bargaining. How much value does the latter effectively add? In this paper we propose a methodology to address this question: we compare the specific contents of collective agreements (except minimum wages) to their equivalent norms set by statutory law (if any). We illustrate this approach by analysing in detail over 400 norms from six collective agreements in Portugal and then comparing them to the country’s Labour Code. We find that as many as 59 % of those collective bargaining norms are exactly or virtually equal to the Labour Code; only 27 % (an average of 16 norms per convention) are more favourable for the worker; and 11 % (8) are more favourable for the employer. We conclude that collective bargaining in Portugal has a relatively small role as an effective source of labour law. We also present several potential explanations for our findings, including the wide range of statutory law.

This work aims to study the breach of confidentiality and access to employee information by the employer in the workplace and its implications. It is known that the employment contract requires the recognition of workers' dignity and seeks to ensure and protect the social and fundamental rights of the human person and, since the worker is part of a disadvantage in the employment relationship. The right to privacy includes the Personality Rights listed in the Portuguese Labour Code, which in turn, is in line with human rights constitutionally guaranteed. From this perspective it appears that the rights to personality penetrate the working relationship and erect as an important limit on the employer's powers and at the same time, as a guarantee of the exercise of several fundamental rights. However, to what extent could the employer violates the electronic correspondence worker under their occupation? And to what extent can the employee to use the structure of the media company without setting abuse on your part? This study is relevant to the extent that seeks to answer questions and make reflections on this subject widely discussed in the legal system., O presente trabalho visa estudar a quebra da confidencialidade e o acesso as informações do empregado por parte do empregador no ambiente laboral, bem como suas implicações. É sabido, que o contrato de trabalho pressupõe o reconhecimento da dignidade do trabalhador e busca assegurar e resguardar os direitos sociais e fundamentais deste como pessoa humana, já que o trabalhador é parte hipossuficiente na relação laboral. O direito a confidencialidade integra os Direitos de Personalidade elencados no Código de Trabalho Português, que por sua vez, encontra-se em consonância com os direitos humanos positivados constitucionalmente. Nessa ótica, verifica-se que os direitos a personalidade penetram na relação de trabalho e se erigem como um importante limite aos poderes do empregador e, ao mesmo tempo, como uma garantia do exercício de vários direitos fundamentais. Todavia, até que ponto poderia o empregador violar a correspondência eletrônica do trabalhador no âmbito de seu mister? E até que ponto pode o empregado fazer uso da estrutura dos meios de comunicação da empresa sem configurar abuso de sua parte? O presente estudo torna-se relevante, na medida em que busca sanar dúvidas e fazer reflexões neste assunto amplamente discutido na seara jurídica.

This article addresses the right to strike in the context of the new Labour Code and amended Trade Union Law of Vietnam.1 It analyses major problems posed today by wildcat strikes in Vietnam’s private sector. It argues that the ongoing approaches of the Vietnamese government and its social partners in strike resolution are ineffective and inconsistent with International Labour Standards. Finally, it suggests a model for the prevention and settlement of such strikes.

International audience; L'hypothèse que nous aimerions défendre ici est que les « anonymes » jouent un rôle important à différents moments de la réception et de la production du droit. Le terme « anonymes » a été choisi à dessein ; il ne doit pas être pris au sens littéral, mais symbolique. Il vise à mettre l'accent sur les acteurs « moyens » et à prendre ses distances avec une histoire du droit qui serait avant tout celle des grands juristes ou des grands théoriciens 2. Ces « anonymes » ne sont pas non plus issus des « classes populaires » dont le rôle est central pour certains courants, comme les Subaltern studies 3. Il ne s'agit pas ici de disqualifier ces deux approches toutes deux porteuses de leur propre récit de la construction du droit, mais d'y adjoindre une troisième afin de montrer que la réception et la production du droit se font aussi « ailleurs » et par le biais d'acteurs parfois inattendus 4. La réception et la production du droit ne sont ni uniquement le fruit de la pensée et de l'action de grands juristes, ni seulement le résultat de la pratique d'acteurs « du *Je ne saurais trop remercier Philippe Auvergnon et Hervé Ferrière pour les observations et remarques enrichissantes qu'ils m'ont faites sur ce texte. Si je n'ai pas pu tenir compte de tous ces échanges, en raison du format de l'article, j'envisage de les exploiter dans une future publication. Je remercie également Jean-Pierre Le Crom qui m'a transmis des informations et des documents sur L. Guelfi. 1 La réception du droit devrait en principe suivre sa production. L'inversion est due au fait que, comme nous le verrons dans ce cas précis, les inspecteurs du travail réceptionnent un droit qui n'existe pas (en l'espèce, le projet de Code du droit du travail des territoires d'Outre-mer) afin de produire un droit effectif (notamment par le biais d'arrêtés ou de décrets promulgués localement par le gouverneur)…qu'ils réceptionnent ensuite car ils sont chargés de son application. 2 La littérature est abondante sur ce thème en histoire du droit et des idées politiques. Signalons simplement que le thème des « grands juristes » a fait l'objet d'actes de colloque de la Société d'histoire du droit, publiés en 2006 aux Presses universitaires d'Aix-Marseille. 3 Sur ce courant, il existe une littérature foisonnante, mais on se référera utilement à l'article d'Isabelle Merle, en particulier sur l'application qui peut en être faite dans l'analyse de la « situation » coloniale française : « Les Subaltern Studies. Retour sur les principes fondateurs d'un projet historiographique de l'Inde coloniale », Genèses 3/2004 (n o 56), pp. 131-147. Disponible en ligne : www.cairn.info/revue-geneses-2004-3-page-131.htm). 4 Cette idée, que l'on retrouve dans des travaux d'historiens et de sociologues, a également été évoquée par des théoriciens du droit célèbres connus comme F. Geny ou G. Ripert, mais il s'agit ici de le prouver dans la pratique, d'en montrer le fonctionnement et de l'interroger, notamment dans ses limites.

This article examines the new chapter of the Labour Code of the Russian Federation concerning the features of management of employees assigned by the employer to other natural or legal persons under the Provision of Personnel Agreement. The publication examines the essential conditions that must be present in a civil law contract between legal and natural persons, as well as the conditions that must be included in the content of the employment contract between the employee and the employer, directing it to another employer (the receiving party) and the additional agreement to the contract. The work also highlights the shortcomings of existing labour legislation in the field of labour management of assigned workers (unsettled questions - time of prior warning of the termination of the employment contract on the initiative of the employee before the end of the performance; on the order (and the opportunity) of the employer (the receiving party) of transferring of assigned employee to another job in the event of an accident, disaster, etc.; the wages a private agency must pay the staff in the case of unilateral termination of the host or the directing side of civil-legal contracts).

The actions in the finding, regulated by art. 35 of the Code of Civil Procedure are actions whereby the applicant requests the court to establish only the existence or non-existence of a right, but without requiring the defendant to comply with that right by giving, doing or doing something. The provisions of art. 16 of the Labour Code are a real obstacle to the plaintiff's request to seek an action for a declaration that he has obtained a decision in favor of an employer without an individual employment contract because seeing the application of a contravention fine. It is not justifiable to apply for such an action either in respect of applications for the possibility of finding by court or by obliging the employer to take up employment under special or special conditions of work. The use of the action for finding in the field of employment is limited only to the finding of a legal relationship of employment which ceased before the court's request and not to an employer to conclude an employment contract in written form.

The scientific approach aims to analyse a topic of particular interest, bothfor current doctrine and also for professional practice. The institution of notificationdeadlines of the court in the matters of the resolution of individual labor dispute is currentlygoverned by the provisions the Labor Code, art.283 para.1 letter a. and by those of art. 211of Law nr. 62/2011 of the Social Dialogue. A simple analysis of these provisions shows that,unlike the Labor Code, Law of the Social Dialogue refers to the assumptions which aresubject to art.268 letter b. are not provided the letter d, art.268. Thus, the solutions offeredby those regulations are different and at the same time contradictory doctrine should aim toformulate hypotheses to solve "real conflict of laws", able to avoid delivery of divergent andcontradictory solutions of courts in matters which make the subject of our analysis.

The recently adopted amendments to the Labour Code was accompanied by an extremely high resistance. While opponents consider amendments to the Law a big step back and point out that it is completely contrary to the standards of the International Labor Organization, advocates of the changes have emphasized the progressiveness. The most important argument to them was that the Code represents a substantial harmonization of our legislation with the advanced standards of EU law. Much of what have excelled both advocates and opponents of legal change is not actually correct. The main reason for the erroneous views was lack of knowledge of comparative and international labor standards. The law on the one hand is a step backwards when it comes to the protection of workers. On the other hand, it is a step forward it is a reform of the system of labor relations that was necessary and was forced by the international environment, from which our country in the era of globalization can not be excluded. Amendments to the Labour Code we see as a tendency to be in Serbia finally to establish a similar legal environment in the domain of work, as in the advanced countries of Western Europe.