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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.

EMPLOYER AS A CATEGORY OF THE LEGAL SYSTEMThe subject matter of this study is an analysis of the diversity of meanings and normative contexts assigned to the concept of employer in the legal system. The role of the general, and at the same time model, legal act creating the systemic concept of employer is fulfi lled by the Labour Code. The technique of determining the meaning of this concept, used in the provisions of law, takes the form of regulations referring to the Labour Code or norms establishing their own statutory meaning of the term. There are also provisions that formulate inadequate defi nitions, which results in a classifi - cation of the concept of employer into a wrong category. A review of the relevant provisions of law indicates that the said regulations do not, in many situations, satisfy the principle of terminological consistency or the requirement of systemic coherence. This applies to norms in which, instead of the systemic category of employer, descriptive expressions are used that only indirectly indicate that the relationship regulated concerns the employment binding the employer and the employee, to regulations that introduce only an apparent, and not a real, statutory modifi cation of the code concept under consideration, and, fi nally, to norms that, due to their faulty treatment of linguistic issues relating to the rational creation of law, do not meet the requirement of the said adequacy.

EMPLOYER AS THE ONE RESPONSIBLE FOR OCCUPATIONAL DISEASEThe Labour Code in art. 227 distinguishes two categories of diseases, that may occur in relation to work — occupational diseases and other diseases caused by working environment. In those both cases employer is required to do conduct appropriate preventive measures. However, only in occupational diseases case the list, recognition procedure and social security benefi ts that derived from those, was defi ned. In case of other, not directly defi ned diseases caused by working environment, only civil law procedure is available for aggrieved employee. Therefore, it was proposed, that legislator should clearly defi ne the procedure for certifi cation of such disease caused by working environment, as well as the scope of benefi ts that aggrieved employee is entitled to.

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.

ENTITIES OF EMPLOYER’S RESPONSIBILITY IN EMPLOYMENT RELATIONSThis text is focused on the issue of an employer treated as a subject of the responsibility in labour law relations. The labour law doctrine shows that the responsibility of an employer for an infringement of its obligations may be analysed in a wide sense which is not limited to the responsibility of an employer as defi ned in article 3 of Polish Labour Code. The other legal or natural persons which bear responsibility with an employer or instead of it must be taken into account. To this aim the author reviews the responsibility of some legal and natural persons: a leading partner of a company acting as an employer, the Guaranteed Workers’ Benefi ts Fund and a legal person in the context of obligations of its organizational unit which is an employer according to article 3 of Polish Labour Code. Above-mentioned situations are of a heterogeneous nature. Therefore it is impossible to apply to them the unifi ed rules of legal evaluation. In some cases it may be stated that a named subject bears responsibility which is characteristic for the employer’s party of labour relations e.g. a legal person which answers for the obligations of its organizational unit being an employer. In other cases we deal with a type of responsibility which comes beyond the scope of the notion of employer’s party responsibility but this does not mean that it should not be a subject of a discussion on the notion of responsibility in labour law.

SUBJECTIVE INTERPRETATION OF THE REPRESENTATION OF THE EMPLOYERThe way that employers are represented in the literature and court decisions in labour law is the subject of lively discussion. Its foundation is the unclear content and structure of article 3 of the Labour Code. While in the case of organizational units it seems that the regulation is complete, for individuals with employer status it is problematic. Regardless of this problem, a question arises concerning the contradictory meaning of the employer’s representation described in the provisions of the Civil Code. This issue becomes even more signifi cant if we take into account that article 3 § 1 of the Labour Code uses ambiguous terms such as “person or governing body” and “other designated person”. This leads to subjective interpretation of the representation of the employer.

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

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

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

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’.

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

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

RESUMEN:En este artículo se explorará la posibilidad de decretar daños punitivos por prácticas antisindicales o desleales. En la actualidad, las medidas que adopta el juez son básicamente el cese de la conducta y las multas respectivas; sin embargo, estas medidas aparecerían como insuficientes, sobre todo en un esquema de costo/beneficio en que algunas empresas prefieren pagar multas antes que tener que dialogar con sus trabajadores y representantes. Por lo anterior, resulta interesante la lectura del art. 495 N° 3 del Código del trabajo, en el sentido de que al hablar de las “indemnizaciones que procedan” pueda incluirse el daño punitivo.

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 issue of social responsibility is one of the most discussed contemporary topics. It is closely related to the financial management of the company. The social area is one of the three main topics integrated in the concept of corporate social responsibility. In addition to the social interactions of the company and its surroundings, there is also included a wide range of internal relations. The largest group within the rage of internal relations consists of employees. Employees’ satisfaction, loyalty, fluctuation, sick leave of employees, as well as accident rate has a direct impact on labour productivity. This has a direct impact on the economic performance of the company. In the Czech Republic, the highest number of accidents and the highest number of fatalities are in the construction industry. The summary of duties related to the occupational health and safety of workers at workplace, given the acronym OHS, is based on legislative regulations. OHS is regulated primarily by the Labour Code and Law. 309/2006 Sb. The standard for occupational health and safety management systems is currently OHSAS 18001. When a company is certified, it is demonstrating an occupational health and safety management at high level and its continuous improvement. This article deals with the measurement of economic performance of enterprises in connection with the implementation of OHSAS certificate 18001. Economic performance is represented by return on equity and based on data obtained from financial statements. Performance measurement is used on 50 enterprises operating in the construction sector in the Czech Republic. The impact of the implementation of the OHSAS certificate on economic performance is quantified mainly by comparison methods and correlation analysis.Fulltext: https://doi.org/10.1515/acta-2016-0010

The article examines how today the labour legislation regulates the issue of educating employees: the first one, or on the one based on the first education, or within the framework of advanced training and professional retraining. In addition, guarantees and compensations that the employer must provide to employees combining their work with education are discussed. It is important to note that these norms are considered through the prism of the emerging innovative economy and actively developing the information society. The author determines the place currently occupied by education in determining the success of not only the employee, but also the employer. A number of norms of the Labour Code of the Russian Federation are singled out, which do not satisfy the needs of the modern labour market. The article reveals the need to improve labor legislation in the field of obtaining an education by an employee. Specific proposals have been made to introduce amendments to a number of articles of the Labour Code 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.

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

Tanulmányomban – a teljesség igénye nélkül – néhány olyan, a gyakorlatban felmerülő jogértelmezési kérdést teszek elemzés tárgyává, melyek plasztikusan világítanak rá arra a kérdésre, hogy a tételes magyar munkajogi szabályozás egyes elemei milyen gyakorlati problémákat vetnek fel, és hogy eltérő értelmezési lehetőségeket nyitnak meg a szakszervezetek jogállásával, illetve jogaik gyakorlásával összefüggésben. Ennek keretében vizsgálom a szakszervezetek jogi természetét, így magát az (elsősorban jogi) meghatározást és a szakszervezet célját, különös tekintettel a „munkaviszonyon túli” szervezkedési lehetőségekre. Ezt követően a jogálláshoz kapcsolódó státuszkérdések és polgári jogi tartalommal is bíró, ugyanakkor munkajogi szempontból idejétmúlt fogalmak bemutatására teszek kísérletet (a „tisztségviselő” és az ún. „felsőbb szerv” értelmezési lehetőségei). Végül a kollektív szerződés megkötéséhez kapcsolódóan a szakszervezeti szövetség kollektív szerződéskötési lehetőségeit vizsgálom, úgy, hogy az egyes vizsgált kérdésekhez de lege ferenda javaslatokat fogalmazok meg.

The right to privacy is a constitutionally safeguarded human right. The employee right to privacy exists due to consolidation of the mentioned liberty in the Constitution of the Russian Federation. The Labour Code of the Russian Federation does not secure employee right to privacy directly, it regulates the issue of the employee personal data. But the employee right to privacy is characterized by particular qualities that are extrinsic to general human privacy. The aim of the present research is to analyze different spheres in which the employee right to privacy realizes. In response to this aim, firstly, the concepts of the privacy will be evaluated, the national and international labor law will be examined, and the judicial practice will be reviewed. Eventually, some unresolved points of the process of employee right to privacy enjoyment will be identified.

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.

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

Background: The article concerns some aspects of the work of the Codification Committee in 2016–2018 related to freedom of work. The Author, who was a participant in this work, presents selected solutions contained in the draft of Labour Code. She draws attention to their non-compliance with the principle of freedom of work and criticizes the proposal to limit the choice of employment base, as well as new the employment contracts. She draws attention to the practical risks associated with their entry into force. Research purpose: To analyze selected regulations contained in the draft of the Labour Code from the point of view of the principle of freedom of work. To assess their impact on labour law and the labour market. To compare these regulations with applicable and previous Labour Code regulations, as well as with solutions in force in Western European countries. Methods: Analytical, historical, comparative. Conclusions: The Author negatively assesses some of the proposals contained in the draft of the Labour Code due to violation of the principle of freedom of work.

Zákoník práce se zaměřuje také na ochranu soukromí zaměstnanců v pracovněprávních vztazích. Předkládaný článek se zabývá obecnými východisky ochrany soukromí zaměstnance a relevantní úpravou obsaženou zejména v § 316 zákoníku práce. Pozornost je věnována třem konkrétním oblastem, a to monitorování zaměstnanců prostřednictvím kamerových systémů, monitorování elektronické pošty a telefonních hovorů. The Labour Code is also focused on employee privacy protection in the labour-law relationships. The submitted paper deals with the general basis of employee privacy protection and the relevant legal regulation contained in sec. 316 of the Labour Code. The attention is paid to three areas, namely to employee monitoring through video systems, monitoring of electronic communications and phone calls.

Working hours, its lenght and distribution, with the focus on part-time Abstract The thesis deals with the issue of working hours and its distribution with a special focus on part-time. The thesis also introduces the legislation of part-time in the foreign law system, particularly in the Netherlands. The aim of this thesis is to analyze the current legal regulation of working hours, its length and distribution, focusing on part-time. The thesis is divided into six chapters, which represent labor law in the system of law, historical development of working hours, sources of labor law, legal regulation of working hours and rest periods and distribution of working hours. The fifth chapter deals with labor law institutes in which part-time deviate from the set weekly working hours. The chapter defines persons that are entitled to apply for part-time or another suitable adjustment of their working hours, forms of these suitable adjustments and the interpretation of the concept of operational reasons by the Supreme Court of the Czech Republic. The thesis also describes the method of calculating and remunerating overtime work for part-time employees and the calculation of the leave of those part-time employees whose working hours are unequally spread over several working days per week. The chapter also describes...

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.

This chapter provides background information about the labour law regime, which is necessary for an understanding of the relationship between law and labour resistance in Vietnam. It outlines the development and significance of the Vietnamese Labour Code in the regulation of industrial relations in Vietnam. Second, it discusses key aspects of the Labour Code that concern key workers’ rights and benefits, workplace relationships, and the types and resolution of labour disputes. The next section addresses the state’s approach towards law and labour regulation over the past few decades, taking the example of strike settlement and strike prevention in the field site of Đong Nai Province, and outlines the development of the union’s legal aid activities and their objectives in relation to workers’ rights protection.

Dissertação de Mestrado em Direito apresentada à Faculdade de Direito This dissertation follows on the need to find, within the field of Labour legislation, a concept of worker with disability.In this paper, we will analyse different International, European and National instruments to find a concept that can be adopted by our Labour Code, in order to tackle this omission.In a second moment, we will address the issue of discrimination, the matter that served as the motto for the selection of this topic. The study of different forms of discrimination, specially discrimination by association, is absolutely central to the analysis of this theme. Not only this subject is fundamental, but also the study of reasonable adaptation measures and termination for maladjustment, two crucial elements. This dissertation follows on the need to find, within the field of Labour legislation, a concept of worker with disability.In this paper, we will analyse different International, European and National instruments to find a concept that can be adopted by our Labour Code, in order to tackle this omission.In a second moment, we will address the issue of discrimination, the matter that served as the motto for the selection of this topic. The study of different forms of discrimination, specially discrimination by association, is absolutely central to the analysis of this theme. Not only this subject is fundamental, but also the study of reasonable adaptation measures and termination for maladjustment, two crucial elements. A presente dissertação surge da consciencialização da necessidade de se encontrar, no âmbito da legislação laboral, um conceito de trabalhador portador de deficiência.Desta forma, neste trabalho, iremos, percorrer variadíssimos instrumentos internacionais, europeus e nacionais para encontrarmos um conceito que possa ser adotado pelo nosso Código do Trabalho, por forma a colmatarmos esta sua lacuna.Numa segunda parte, vamos abordar a questão da discriminação, questão esta que serviu como mote para a escolha deste tema. Nesta sede, apresenta-se fulcral o estudo de algumas formas de discriminação, entre elas, a discriminação por associação. Mas não só esta questão se afigura fundamental, sendo também o estudo das medidas de adaptação razoável e o despedimento por inadaptação, dois elementos cruciais.A presente dissertação surge da consciencialização da necessidade de se encontrar, no âmbito da legislação laboral, um conceito de trabalhador portador de deficiência.Desta forma, neste trabalho, iremos, percorrer variadíssimos instrumentos internacionais, europeus e nacionais para encontrarmos um conceito que possa ser adotado pelo nosso Código do Trabalho, por forma a colmatarmos esta sua lacuna.Numa segunda parte, vamos abordar a questão da discriminação, questão esta que serviu como mote para a escolha deste tema. Nesta sede, apresenta-se fulcral o estudo de algumas formas de discriminação, entre elas, a discriminação por associação. Mas não só esta questão se afigura fundamental, sendo também o estudo das medidas de adaptação razoável e o despedimento por inadaptação, dois elementos cruciais.

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

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.

Labour reforms seem to be one of the arenas where the Modi government has brought about marked policy interventions in a relatively shorter span of 1 year. Behind this sense of urgency, it is plausible to decipher a new rational calculation where labour question hold vector to other larger goals of the present leadership. This paper aims to survey the labour reforms initiated by the Modi government since May 2014 and presents an interim review. I examine two draft legislations at the bill stage, the labour code on industrial relations and the Factories Act amendment bill, to explain how the reforms obliquely wither the statutory regulations and also why the government approach is premised on the view that the regulation is patently flawed The paper tries to elaborate how the ideational origins as well as the institutional inclination of the BJP government tend to subordinate labour question to the larger economic agenda.

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.