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The right to work is one of the fundamental human rights guaranteed by international documents and the constitutions of most countries, including Ukraine. However, the conditions and restrictions relating to the right to work under martial law may change. Due to the constant threat to Ukraine’s independence, as well as to the lives and health of its citizens, the regulation of labour relations is substantially different from peacetime, which requires scientific substantiation. The purpose of this study was to outline the key provisions of labour law relating to the person’s exercise of the right to work according to the social and legal vector of the state’s activities under the legal regime of martial law. The study demonstrated the significance of ensuring stability and security under martial law but emphasised the temporary nature of restrictive measures. The importance of maintaining a balance between the interests of employers and employees was substantiated, as well as the development of labour legislation to accommodate the specifics of the situation during a military conflict. Human rights may not be violated in either peacetime or wartime. On the contrary, the state should create conditions for the free development of labour and the fulfilment of human potential. Based on formal legal analysis of wartime legislation of Ukraine, comparison of various regulatory documents and scientific positions, the study highlighted the problematic aspects of observance of the constitutional right to work. The relevant conclusions were formulated, outlining the legal ways to achieve the balance of interests of employer and employee and proposals for improving the legislation were identified. The recommendations proposed in this study may be used by the legislator to improve the current labour legislation of Ukraine

Ukraine, as the sole post-Soviet country still reliant on the Labour Code of 1971 to govern labour relations, faces a critical need for an update. Despite numerous amendments over its half-century lifespan, this regulatory act no longer aligns with the current state of social and labour relations. The urgency to codify labour legislation to meet European Union standards is paramount, underscoring the significance of this endeavour. Since the end of the last century, all attempts to adopt a new Labour Code of Ukraine have never been completed. None of the drafts of the Code submitted to the Verkhovna Rada of Ukraine managed to overcome the so-called "second reading" stage, remaining somewhere on the archival shelves of the Parliament. Therefore, the emergence of the next draft Labour Code gives us hope that our country will finally receive a modern codified act that will not be ashamed to join the system of legislation of the united Europe. However, the very first impressions from reading the draft of this code submitted to the Parliament were not encouraging. Unfortunately, the conceptual component of the draft looks relatively weak. Serious concerns are raised about the structure of the code, the object of its regulation, the principles (foundations) on which such regulation will be based, the scope of its validity, etc. Therefore, the purpose of this article is to review some conceptual approaches to defining the most important concepts and terms of labour law and to make suggestions and recommendations to the drafters and the submitting entity to improve its regulatory content. It is proposed, in particular, to revise some of the wording of such legal concepts as labour relations, employment contracts, a form of employment contracts, etc., that are crucial for labour law. The author concludes that a promising option in the context of the globalization of the labour market is the adoption of a codified act to regulate only individual labour relations. Special legislative acts should regulate collective relations and relations that depend on labour relations. [ABSTRACT FROM AUTHOR]

The paper examines the existing legal regulation and case law regarding the imposition of monetary and other sanctions, particularly contractual penalties, in labour law relations in the Czech Republic. The text analyses the initial state as well as the development and raises concerns about the compatibility of the current stringent regulation with the ever-changing work environment. The paper also discusses in detail the imposition of contractual penalties on the employees, the employers and their nature in the non-compete clause.

The legal regulation of the liability of civil servants for damage caused by them to the civil service contained in Act No. 234/2014 Sb., on the Civil Service, as amended, directly refers to Act No. 262/2006 Sb., the Labour Code, as amended. However, there has been a disagreement among the professional community as to the extent to which certain legislation should be applied. The article therefore focuses on the mapping of the current legislation and its application in practice, while pointing out certain shortcomings and gaps. [ABSTRACT FROM AUTHOR]

The issue of sexual harassment in the workplace has long been a concern in the Vietnamese society. However, it is only in recent years that this issue has been acknowledged and addressed through Vietnamese laws and regulations. This article critically examines Vietnamese legislative approaches to the problem of sexual harassment in the workplace. It first analyzes existing domestic laws and regulations pertaining to sexual harassment in the workplace in Vietnam, taking into account their characteristics, advantages, and limitations. It then proposes potential changes that could strengthen the prevention of and combat against sexual harassment in the Vietnamese workplace. The paper employs doctrinal legal research methodology to analyze the content of law while utilizing a law-in-context approach to explore the social and cultural aspects at play. In Vietnam, legislation regarding sexual harassment in the workplace has developed gradually, with increasing complexity and coverage. This development encompasses various aspects, including definitions, procedures, liability, remedies, and sanctions. The government and relevant authorities are committed to revising and strengthening these laws to address the evolving nature and magnitude of sexual harassment. Key changes include the introduction of new provisions in the Labour Code 2019 to rectify previous shortcomings, as well as the issuance of Decree No. 145/2020/ND-CP and Decree No. 12/2022/ND-CP to clarify responsibilities, prevent harassment, and impose sanctions. Despite these improvements, there remain challenges in achieving a safe and harassment-free workplace. [ABSTRACT FROM AUTHOR]

Introduction. The article addresses one of the most important student problems: accidents and injuries both during the period of study at higher education institutions and in the course of the work in student construction teams (SCB). A comparison was made between the social guarantees provided to students and the military personnel. The authors have found that there is no reliable statistical data on accidents and traumatism among students. The correlation between student attendance, successful learning, accident and traumatism prevention was analyzed. Causes of accidents in the course of construction activities are provided. The purpose of the article is to arouse a dispute, which may lead to the comprehensive solution to the problem of the social security of students during the period of their study at higher education institutions and work in student construction teams.Materials and methods. This problem was addressed from the standpoint of the social security of students and the safety of their personal data. The general statistics of accidents and injuries among young people during their study and work in student construction teams is provided. Continuous and sampling research methods were used to select statistical data in the process of solving this problem.Results. The article addresses the problem of investigation, registration and accounting of accidents that happened to students during their stay in organizations carrying out educational activities and in student construction teams. The authors suggest an empirical formula that has an additional coefficient for assessing the student performance. The formula takes account of the student attendance score and allows to make recommendations for improving preventive activities in the field of occupational safety of employment with student construction teams.Conclusions. The authors identified the problem of implementing prevention programmes focused on the reduction of morbidity and injuries among students. This problem deals with poor communications between the university schools, leaders of student construction teams, and occupational safety departments. The authors make recommendations on enhancing occupational safety activities are made.

The paper deals with the current proposal for a directive of the European Parliament and of the Council regarding the improvement of working conditions when working through digital platforms. The presented text is focused in particular on the legal presumption of the existence of an employment relationship between a digital labour platform and a person who performs work through the platform if the digital labour platform controls certain elements of the performed platform work.

Although the employment gap between men and women in Lithuania is insignificant and cannot be considered a relevant social problem, the same cannot be said about their wages. Women’s wages are significantly lower than those of men. Lower wages lead to lower pensions after active participation in the labour market ends and increase the risk of poverty for women. This article analyses the legal measures enshrined in the legislation of the European Union and Lithuania aimed at reducing the wage gap between men and women and identifies problematic legal provisions. From a formal point of view, the principle of equal pay is sufficiently regulated in Lithuanian national law, and no significant problems have been identified in Lithuanian case law – which is mainly in line with the objectives and direction of legal regulation. On the other hand, despite considerable efforts that have been made in recent years to implement transparency in the wage system, there are still some unresolved issues. One of them is additional guarantees for pregnant women, those who have recently given birth, and breastfeeding mothers, which limit the opportunities for these employees to receive higher wages. The implementation of the Labour Code norm, which ensures the right of women to receive adequate wages after pregnancy, childbirth, and childcare leave, also causes legal uncertainty. [ABSTRACT FROM AUTHOR]

Although the employment gap between men and women in Lithuania is insignificant and cannot be considered a relevant social problem, the same cannot be said about their wages. Women’s wages are significantly lower than those of men. Lower wages lead to lower pensions after active participation in the labour market ends and increase the risk of poverty for women. This article analyses the legal measures enshrined in the legislation of the European Union and Lithuania aimed at reducing the wage gap between men and women and identifies problematic legal provisions. From a formal point of view, the principle of equal pay is sufficiently regulated in Lithuanian national law, and no significant problems have been identified in Lithuanian case law – which is mainly in line with the objectives and direction of legal regulation. On the other hand, despite considerable efforts that have been made in recent years to implement transparency in the wage system, there are still some unresolved issues. One of them is additional guarantees for pregnant women, those who have recently given birth, and breastfeeding mothers, which limit the opportunities for these employees to receive higher wages. The implementation of the Labour Code norm, which ensures the right of women to receive adequate wages after pregnancy, childbirth, and childcare leave, also causes legal uncertainty.

The employer’s decision on organizational change is subject of an amendment to the Labour Code, according to which this employer’s decision is a substantive precondition for the employer’s termination. The employer’s decision on organizational change is genetically linked to the termination as a basic legal act in the labour law. At this level, the employer’s decision on organizational change is of a fundamental importance for the area of termination in the labour law. The fact that the employer’s decision directly affects the validity of the termination is also related to the constitutional right to work as well as to the constitutional right to protect the employee from an unjustified dismissal. The Labour Code, at the same time, in § 63 par. 1 letter b) precisely enshrines not only the form of employer’s decision on organizational change, but also its content, and in § 9 it also establishes the persons authorised to act on behalf of the employer.

The aim of the article is to conduct research on the issue of whether compulsory vaccination, enshrined in international and national legal acts, violates labour rights. The main research method was a comparison method, which helped to compare the experience of different countries in restricting labour rights in the context of compulsory vaccination against COVID-19. Moreover, the main characteristics of restrictions on labour rights during the COVID-19 period were highlighted using the method of system analysis. The evolution of compulsory vaccination was analysed using a historical-logical method. A formal legal method was applied to generalise, classify, and systematize research results, as well as to present these results. The current outbreak of COVID-19 has provoked trends in discriminatory behaviour in the workplace. Therefore, the restrictions on labour rights must comply with international human rights standards, which, however, largely reflect a position that does not support compulsory vaccination. [ABSTRACT FROM AUTHOR]

The paper focuses primarily on the reflection of the coronavirus pandemics in the legal regulation of the labour relationships in the Czech Republic. The author pays his special attention to the support provided by the state to employers. The paper analyses the legal status as of August 9th, 2020.

Act No. 65/1965 Coll., The Labor Code, was an important milestone in the development of labor law legislation, as it is the first comprehensive codification of labor law. The Code combined effectively labor legislation in the whole Czechoslovakia and replaced the previous fragmented and obsolete legislation. The final form of the Code and as well the modification of labor relations has been considered for a long time because of the importance of such relations on the existential background of workers, but also on the economic situation of the country. Nevertheless, the relations that the Code newly regulated were based on the previous legislation, since they were concluded under the validity and force of this legislation. One of the aims of this work is therefore examine a false retroactivity. Another aim is also to define how these examined changes in the Labor Code are related to the “socialist” constitution of 1960.

The issue of recording the working time of academic staff is a very complicated matter requiring a deeper legal analysis. An amendment to the Higher Education Act legalizes the previous situation when a part of his/her duties was performed by an academic employee outside the workplace of the relevant higher education institution, i.e. his/her employer. The division of the working time of an academic employee into the period when he/she performs mainly pedagogical activities and activities related to pedagogical activities in the workplace of the employer and the period when he/she performs scientific and other creative activities that he/she himself/herself schedules in the place he/she chooses, is definitely the right way. However, these amendments must fully comply with the applicable current wording of the Labour Code. A problematic area are the performance of the work of an academic employee outside the workplace of the employer and the questions of the length of working time, breaks at work and between shifts, performance of night work and work on Saturdays and Sundays as well as questions related to the occupational safety and health at workplace.

This article discusses a series of theoretical and practical issues regarding the taxation of individual part-time contracts. From 1 January 2020, the over-taxation of this type of contracts is eliminated and the gross revenue received will be used as a basis for the calculation of social security and health insurance contributions, instead of the gross minimum domestic salary. The pronouncement introducing these provisions is Law 263/2019 on amending Law 227/2015 regarding the Tax Code, which is intended to eliminate the increased CAS and CASS payments for part-time employees or employees with performancerelated pay. This article analyses issues in relation with individual part-time contracts, the rights of part-time employees, employers’ obligations, salary calculations, and filing and payment obligations.

This article indicates that the traditional model of full-time employment based on an employment contract for an unfixed term – where the employee carries out a certain kind of work under the guidance of the employer and in a location and at times designated by the employer – becomes doubtful for some categories of employees (e.g. top managers, advisers, experts, those compiling various assessments and evaluations, providing legal and financial-economic services, giving lectures, providing various forms of mediation and agency, investor supervision). From the macro point of view and from the organizational point of view, we must answer the questions: what employment policy should be led towards a given category of labour resources, either flexible or stable; and how to avoid the accusation of a discrimination practice within the same category of employees. This article analyses selected atypical forms of employment in Poland and their impact on the labour market.

During the employment relationship, there can occur situations that prevent the employee from performing work due to reasons by both the employer and also the employee. Some situations are envisaged by the Slovak Labour Code and, during their existence, the applicable legislation provides the employee with time off and, in specified cases, also with compensation of wages. The employee being taken into custody (pre-trial detention) is one of the reasons of employee’s absence from work; although it is not so frequent, there still exist such cases. Since the Slovak Labour Code does not explicitly link the existence of such a situation to the employer’s obligation to justify absence from work, there are different views on how to deal with such a situation. The paper, therefore, seeks to present a possible solution for employers when their employees are taken into custody – pre-trial detention.

The paper focuses primarily on the legal status of a professional athlete in the legal order of the Czech Republic. The author describes possible statutes (employee, entrepreneur, professional soldier). Besides that, he also discusses the legal status of an athlete in the era of the socialism.

The purpose of this paper is precisely the theoretical-practical treatment of the employment contract under the Labor Code. The employment contract is an important legal instrument. The parties in agreement with each other determine their rights and obligations. The contract has great importance for the employer and it is necessary for him to be recognized with his position in the company and institution. This paper will try to express the concept and the importance of the employment contract and the rights of employees by regulating their relationship through the employment contract. [ABSTRACT FROM AUTHOR]

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Lump-sums payments are used as a touchstone to consider current statutory rules on extra payments for services which were performed outside scheduled work hours, rendered on Saturdays or Sundays or done throughout nights. In his paper, the author claims that respective rules are morally ambiguous and legally complex. They seem to privilege trade unions to harm non-unionized workers. However, trade unions are not able to secure their financial interests as well; they cannot opt out “free riders”.

The possibility of teleworking is based on a contractual basis. This flexible work model has its advantages and the work done in this form is characterised by efficiency. The trend to work from home is increasing; it concerns different categories of employees and keeps expanding to other professions. The author outlines in her paper the legal aspect of the definition of telework and points out the problems of current application practice.

The subject of this paper is the offence of failure to prepare or to present the required documentation on a work-related accident. This offence is criminalised under the Article 221 of the Polish Criminal Code. The author begins by considering what kind of interest is protected against the offence in question and giving a definition of a work-related accident. The author then continues with a detailed analysis of the objective element of the offence and the offender. The author also explains the subjective element of this offence. She analyses the relevant provisions of the Criminal Code, the Labour Code and other legal acts concerning the labour and social insurance law. Finally, she gives some conclusions and makes a de lege ferenda postulate.

The paper focuses primarily on concerning certain aspects of the selection of job applicants pursuant to the Section 30 of the Labour Code of the Czech Republic in the context of the General Data Protection Regulation. The author first discusses the selection and qualification criteria and subsequently deals also with the prohibition of discrimination and culpa in contrahendo in selecting of job applicants.

This paper focuses on the criminal offence of failure to report a work-related accident. The offence in question has been defined under the Article 221 of the Polish Criminal Code. The author starts by considering what kind of interest is protected against the offence in question and continues with a detailed analysis of the offender and the objective element of the offence. The author also explains the mental element of this crime and analyses the relevant provisions of the Polish Criminal Code, Labour Code and other legal acts concerning labour law and social insurance law.

Copyright of Revista Româna de Dreptul Muncii is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pro Futuro is the property of University of Debrecen and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zeszyty Prawnicze Biuro Analiz Sejmowej is the property of Kancelaria Sejmu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zeszyty Prawnicze Biuro Analiz Sejmowej is the property of Kancelaria Sejmu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zeszyty Prawnicze Biuro Analiz Sejmowej is the property of Kancelaria Sejmu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

As Slovakia is one of the least affected countries in terms of the spread of the disease, except for doctors and employees in social services facilities, there was no serious threat to the health of employees. However, this is not due to the economic consequences of the pandemic, which threaten the competitiveness of employers. The new government tried to respond to the situation with legislative measures, which were adopted in quick succession, without discussion with the social partners and often in the form of indirect amendments, which in turn it makes it more difficult in orientation in the legislation. However, thanks to the intervention of the social partners, no measures have been taken that would worsen the position of employees in employment relations. The promised financial assistance for job retention is running very slowly.

Copyright of Revista Româna de Dreptul Muncii is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Româna de Dreptul Muncii is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Legal liability is a natural consequence of concluding the individual employment contract, a legal act that confers rights and obligations on both parties of the legal employment relationship. Among the types of liability, an important role is played by the patrimonial liability, which is sometimes interdependent with the other forms of liability, meaning disciplinary, criminal or contraventional. In this study, the author aims to analyze the evolution of the Romanian regulation in terms of material and patrimonial liability, as a form of specific reparative liability of labour law, in the light of the Labour Codes adopted since 1950. [ABSTRACT FROM AUTHOR]

The Labor Code of 1950 referred to Chapter XI in the work of young people and women, laying down in five articles rules of protection in the workplace of pregnant women, who were breastfeeding or caring for children up to two years old. Such provisions were taken over and developed by the Labor Code of 1972. The labor protection regime of pregnant women, who were breastfeeding or who had children under 2 years old was an adequate one, in accordance with the international acts elaborated by the International Labor Organization. [ABSTRACT FROM AUTHOR]

The first Labour Code in Romania indicated about the employment contract that it is the written or verbal agreement according to which a party - the employee - is obliged to perform the work, to another party - the one who employs it - in return for a remuneration. The written form of the contract was a condition ad probationem. The contract could be modified by posting or transfer. Also, the causes of termination of the contract were expressly regulated. [ABSTRACT FROM AUTHOR]

In his article, the author deals with the Francoist state in Spain whereas the main intention of his study is to investigate the influence of the ideology on the constitutional anchorage of the regime. On the concrete wording of the key "fundamental laws" of the state, which fulfilled namely the role of its constitution, the author wants to show how the regime gradually changed from the founding and implacable ideology to progressive pragmatism, which had to consider, in particular, the changing international situation. Specifically, the author familiarises us with the Spanish constitutional development until the civil war, whereas he gives adequate attention to the Falangist movement and its ideology, which expressed themselves especially through the Labour Code from the year 1938. In the subsequent part of the text, the author focuses on an explanation of the certain constitutional transformation of the regime in connection with the end of World War II and the beginning of the Cold War. Finally, the closing part of his study depicts the last period of the constitutionalism of the Francoist regime in connection with the demise of its founder. [ABSTRACT FROM AUTHOR]

Copyright of Revista Româna de Dreptul Muncii is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zeszyty Prawnicze Biuro Analiz Sejmowej is the property of Kancelaria Sejmu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zeszyty Prawnicze Biuro Analiz Sejmowej is the property of Kancelaria Sejmu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Taking into account the general historical past (up to the 1990s), the paper examines current issues of codification and improvement of labour legislation in Belarus and Ukraine. The first part of the article briefly analyzes three global reforms of the Labour code of Belarus that took place in 2007-2008, 2014 and 2019-2020. Based on the generalization of legal and technical features of these three reforms, both negative trends in the development of labour law in Belarus and positive features associated with increased flexibility in regulating labour relations were identified. The second part of the paper examines the current situation of labour legislation in Ukraine, its non-compliance with the realities of the market economy. Special attention is paid to the analysis of the draft of law "On labour", submitted by the Government to the Verkhovna Rada of Ukraine in 2019. [ABSTRACT FROM AUTHOR]

Copyright of Studia z Zakresu Nauk Prawnoustrojowych. Miscellanea is the property of Kujawy & Pomorze University in Bydgoszcz and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)