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Developments in Labour Law from a Comparative Perspective - ebook/pdf
Developments in Labour Law from a Comparative Perspective - ebook/pdf
Autor: , Liczba stron: 149
Wydawca: Wydawnictwo Uniwersytetu Łódzkiego Język publikacji: polski
ISBN: 978-83-7969-678-9 Data wydania:
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The need for comparative studies of labour law seems indisputable, inasmuch it arises from the international character of many labour law norms, as well as from the interconnection between working and social relations which are often conditional and international. Thus, it appears that academic research into the field of labour law would be incomplete without its comparative facet. For these reasons, numerous networks of international cooperation between labour law scholars are being established on both formal and informal levels. The underlying idea is to find a common denominator for the discourse concerning the present condition of labour law, and pathways for its further development. The Labour Law Education Society, established in 2012 at the initiative of Prof. Charles F. X. Szymanski, is one of the networks attempting to accomplish this objective. Its early days were crowned with Developments in Labour Law from a Comparative Perspective, a conference held on 23rd–24th of May 2014 at the Allerhand Instituteʼs branch in Cracow, Poland. The present volume, which is an outgrowth of that conference, presents certain current issues frequently discussed in the realm of labour law. Also, it contains chapters considering the most significant developments within the discipline.

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Developments in Labour Law from a Comparative Perspective Editors Editors Izabela Florczak, Zbigniew Góral Izabela Florczak, Zbigniew Góral Editors Izabela Florczak, Zbigniew Góral Developments Developments in Labour Law in Labour Law from a Comparative from a Comparative Perspective Perspective Developments in Labour Law from a Comparative Perspective Izabela Florczak, Zbigniew Góral – University of Łódź, Faculty of Law and Administration Labour Law Chair, 90-232 Łódź, Kopcińskiego 8/12 REVIEWER Niklas Bruun, Hellena Lamponen Orsola Razzolini, Mirosław Włodarczyk PUBLISHING EDITOR Bogusława Kwiatkowska PROOFREADING Maciej Kurzawiński TYPESETTING Oficyna Wydawnicza Edytor.org Lidia Ciecierska COVER DESIGN czartart.com: Magdalena Muszyńska, Izabela Surdykowska-Jurek Cover Image: © twobee – Fotolia.com Publication funded by Faculty of Law and Administration, University of Łódź © Copyright by University of Łódź, 2015 Published by Łódź University Press First Edition. W.06921.15.0.K Publishing sheets 10,7 Printing sheets 9,25 ISBN 978-83-7969-677-2 e-ISBN 978-83-7969-678-9 Łódź University Press 90-131 Łódź, 8 Lindleya St. www.wydawnictwo.uni.lodz.pl e-mail: ksiegarnia@uni.lodz.pl tel. (42) 665 58 63, faks (42) 665 58 62 TABLE OF CONTENTS Introduction Darja Senčur Peček – The self-employed, economically dependent persons or employees? Jaana Paanetoja – The broadening interpretation of ‘worker’ in the European Union Izabela Florczak, Barbara Muszyńska – Selected differences between civil law and employ- media ment law contracts related to work on the grounds of the Polish legislation Juhani Korja – Surveillance in the workplace and worker privacy Karolina M. Szymorek-Chachuła – Concluding an employment agreement via electronic Senad Jasarević – Serbian anti-discrimination labour legislation Tatiana Wrocławska – Permanence (stability) of an employment relationship of older 99 119 Bojan Urdarevic – Perspectives of the right to strike in the Republic of Serbia Zbigniew Góral, Ewa Staszewska – Polish labour law 10 years after the accession to the European Union (certain issues linked to the determination of the direction of change) employees – analysis of changes 7 9 25 43 59 73 85 133 INTRODUCTION The need for comparative studies of labour law seems indisputable, inasmuch it arises from the international character of many labour law norms, as well as from the interconnection between working and social relations which are often condi- tional and international. Thus, it appears that academic research into the field of labour law would be incomplete without its comparative facet. For these reasons, numerous networks of international cooperation between labour law scholars are being established on both formal and informal levels. The underlying idea is to find a common denominator for the discourse concerning the present condition of labour law, and pathways for its further development. The Labour Law Education Socie- ty, established in 2012 at the initiative of Prof. Charles F. X. Szymanski, is one of the networks attempting to accomplish this objective. Its early days were crowned with Developments in Labour Law From a Comparative Perspective, a conference held on 23rd–24th of May at the Allerhand Instituteʼs branch in Cracow, Poland. The present volume, which is an outgrowth of that conference, presents certain current issues frequently discussed in the realm of labour law. Also, it contains chapters considering the most significant developments within the discipline. As its paradigm is changing to the requirements of the post-industrial econo- my, in its nature work is becoming less subordinated. Therefore, it appears natural that the legal status of worker in labour law relations has become one of the main strands of research. The issue is approached from different vantage points in three chapters of this monograph. In the first one, Darja Senčur Peček analyses various aspects of self-employment, considering the degree of similarity and dissimilarity in the legal status of self-employeds and employees. The above leads us directly to the discussion concerning the notion of ʻworkerʼ, commonly used in EU le- gislation, which becomes the focal point of Jaana Paanetojaʼs analysis. Paanetoja attempts to ascertain what characteristics are required for worker to be protected by EU legislation. The last chapter devoted to the changes in the status of worker as an object of labour law is that by Izabela Florczak and Barbara Muszyńska, who explore selected differences between labour law employment and the eco- nomically competitive civil law employment. 8 The character of contemporary labour law is increasingly shaped by mo- dern technologies, which affects many dimensions of working relations. This in- fluence is studied by Juhani Korja and Karolina M. Szymorek-Chachuła. Korja discusses the concepts of surveillance in the work place, employee privacy, and changes in the working environment resulting from technological development. Szymorek-Chachuła focuses on the use of modern technologies with regard to the possibility of concluding employment contracts. The present monograph also reports on other subjects that are relevant to the current research in labour law and its developments. Senad Jasarević out- lines Serbian anti-discriminatory regulations which, given the countryʼs non-EU status, seem crucial in terms of the future adjustments to EU legislation. Tatiana Wrocławska, on the other hand, analyses employment stability among older em- ployees. In yet another general contribution to this book Bojan Urdarevic consid- ers the right to strike in Serbian legislation. The monograph ends with a chapter by Zbigniew Góral and Ewa Staszewska, who summarise the changes in Polish labour law legislation in the past ten years of Polandʼs EU membership, providing a valuable point of reference for comparative studies. As the scope of developments in labour law seems extremely wide, an ex- haustive compilation would be a formidable task. For this reason, the present book seeks to present only a selection of developing tendencies, all of which, how- ever, form a reliable basis for further comparative studies both within and without the Labour Law Education Society. Izabela Florczak Zbigniew Góral Introduction Darja Senčur Peček* THE SELF-EMPLOYED, ECONOMICALLY DEPENDENT PERSONS OR EMPLOYEES? 1. Introduction Labour law traditionally protects employees, i.e. persons who perform work within the framework of an employment relationship. The main characteristic of employment relationship was (and still is) organisational integration of the per- son who carries out work in relation to the other contractual party, which allows the latter (employer) to direct and supervise the work. The employee does not look for opportunities in the market, but only works for the employer, is not in charge of the business, but instead undertakes to perform a specific job (part of the busi- ness), under the direction and supervision of the employer. As the weaker party in this relationship, the employee may not be able to ensure adequate regulation of their rights and obligations under the contract alone; therefore, labour legislation provides him with minimum rights, while additional rights may be agreed upon in collective agreements. Unlike employees, the self-employed are persons who operate independently in the market, perform work on their own account, possibly for a number of con- tracting authorities, relationships with whom are regulated by civil or commercial contracts. They are thus subjects to the rules of corporate law, law of obligations, or commercial law, with labour law mainly applicable if they are also employers (if they employ workers). Currently, an increasing number of persons carry out their work on a self-em- ployed basis, i.e. without the employment relationship, however, not all of them * Ph.D., Associate Professor at the Faculty of Law, University of Maribor, Faculty of Law, Labour Law Chair, 2000, Maribor, Mladinska 9, Slovenia.
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