Volume 3 - Number 1 - June 2020


1.

ANALYSIS OF THE EUROPEAN SOCIAL CHARTER AND ITS IMPORTANCE FOR THE PROTECTION OF SELECTED GROUPS OF WORKING WOMEN
Zdenka Dudić - Branislav Dudić – Branka Agbaba

Abstract

Both the 1961 European Social Charter and its revised version of 1996 constitute international social and economic rights treaties ratified by the Member States of the Council of Europe. Together with the European Treaty for the Protection of Human Rights and Fundamental Freedoms, they are the cornerstones of the contractual system for the protection of human rights in the member countries of the Council of Europe. Moreover, these contracts have contributed significantly to the development of European human rights standards in the areas of personal management, labour law and social security law. Nevertheless, it receives minimal attention from legal theorists. This leads to problems in its interpretation in practice. Through scientific and doctrinal interpretation, authors examine the various provisions of the European
Social Charter. They seek answers to practical application problems through scientific literature as well as the case-law of the European Court of Justice. The aim and result of the authors’ work is to examine individual documents, to compare them and analyse the differences. The aim of the authors' work is also to evaluate the impact of the case law of the European Court of Justice in connection with the implementation of the Charter into the legal order as well as application practice. The benefit of this article is also the analysis of the impact of the Charter on the rights of working women.

Key words

employee, European Social Charter, revised charter, social rights

Pages

7-21

Doi

10.33382/cejllpm.2020.04.01

How to cite:

Dudić, Z., Dudić, B., Agbaba, B. (2020). Analysis of the European Social Charter and its importance for the protection of selected groups of working women. Central European Journal of Labour Law and Personnel Management, 3 (1), 7-21. doi: 10.33382/cejllpm.2020.04.01


2.

LABOR COMPLIANCE AS AN INSTRUMENT OF LABOR RELATIONS CONTROL
Elena Kiselyova

Abstract

The article deals with the peculiarities of introduction of a labor compliance system as a system of measures for ensuring employer’s and other subjects’ of labor law compliance with current labor legislation and other labor regulations. Labor compliance serves as a menas of preventing labor rights violations. The labor compliance system, researched in this article, includes mechanisms of internal labor control (compulsory and voluntary). The article indicates the necessity of adopting a Law of Ukraine on labor compliance, which would provide the definition of labor compliance, state the purpose of introducing compliance control in a business organization, main tasks and the principles of functioning, the structure and composition of a compliance service at an external and internal level, the rights and obligations of comliance professionals, guarantees of their activities and the responsibility attached to their position. Expediency of introducing a compliance control department in organizations, enterprises and institutions is emphasized, with such department controling the subject at all levels, and also creating a position of a compliance specialist as a person acting in accordance with an established Compliance Program. Such measure will not only simplify the existence of organizations and enterprises, but will also significantly improve the quality of labor law. Therefore, it is believed that the theme of introducing labor compliance at enterprises and institutions is very relevant.

Key words

сompliance сontrol, labor relations, labor control, principles, integration

Pages

22-33

Doi

10.33382/cejllpm.2020.04.02

How to cite:

Kiselyova, E. (2020). Labor compliance as an instrument of labor relations control. Central European Journal of Labour Law and Personnel Management, 3 (1), 22-33. doi: 10.33382/cejllpm.2020.04.02


3.

THE IMPACT OF ABILITY-ENHANCING HRM PRACTICES ON PERCEIVED INDIVIDUAL PERFORMANCE IN IT INDUSTRY IN SLOVAKIA
Antonín Korauš – Zuzana Kaščáková – Miroslav Felcan

Abstract

The Human Resource Management is usually the source of sustainable competitiveness in the constantly changing environment and business world. There is no doubt about the impact of the HRM tools and HRM practices on performance. HRM practices can be clustered into the bundles according the model AMO, focusing on the abilities, motivation and opportunities to perform. This paper tests the correlation between the ability-enhancing HRM practices and the determinants of the individual performance. The research was conducted in IT industry in Slovak Republic with the aim to understand the relationships between HRM practices and individual performance. The outcome provides an important message for the HR management in order to influence and manage employee performance with the focus to create competitive advantage of the organization.

Key words

Human resource management practices, Training and development, Employee performance model AMO, ability

Pages

34-46

Doi

10.33382/cejllpm.2020.04.03

How to cite:

Korauš, A., Kaščáková, Z., Felcan, M. (2020). The impact of ability-enhancing HRM practices on perceived individual performance in IT industry in Slovakia. Central European Journal of Labour Law and Personnel Management, 3 (1), 34-46. doi: 10.33382/cejllpm.2020.04.03


4.

INITIAL FINDINGS FOR LABOUR MARKETS IN THE CZECH REPUBLIC, HUNGARY, POLAND AND SLOVAKIA
József Poór – Allen D. Engle – Ádám Kovács – Anna Albrychiewicz-Slocinska – Zdeněk Caha – Vilmante Kumpikaite-Valiuniene – Zsolt Horbulák

Abstract

The purpose of this article is to present a picture of labour shortages in the V4 countries. Through a sample of regional organizations, the authors outline and analyse the data obtained in two research samples. The paper begins with a general overview of the current situation of four countries in terms of labour shortages and the pattern of labour shortages among countries. By studying two regional samples, the authors outlined what economic sectors and job families have the greatest levels of labour shortage. An analysis follows and details are provided for patterns and activities in four focal countries (the Czech Republic, Hungary, Poland and Slovakia) describing the elements and forces that lead to national workforce deficits and also providing information on the practices organizations are implementing to mitigate this problem. Finally, we summarize the results and draw a series of conclusions.

Key words

labour shortages, turnover, robotization

Pages

47-60

Doi

10.33382/cejllpm.2020.04.04

How to cite:

Poór, J. et al. (2020). Initial findings for labour markets in the Czech republic, Hungary, Poland and Slovakia. Central European Journal of Labour Law and Personnel Management, 3 (1), 47-60. doi: 10.33382/cejllpm.2020.04.04


5.

THE ROLE OF TRADE UNIONS AND SOCIAL DIALOGUE DURING THE CRISIS: THE CASE OF SLOVAKIA
Monika Uhlerová

Abstract

The aim of the contribution is to define the approach of trade unions and social dialogue at national (tripartite) and sectoral level in Slovakia during the economic crisis and the impact of the crisis on results of collective bargaining of higher instance collective agreements. We collected data from the collective agreements in four sectors, public and civil service, education and science, metal and chemistry industry. By analysing collective bargaining at sectoral level and examining collective agreements of selected trade unions of the production and nonproduction sectors, we point out the minimum rates of pay increase in selected production and non-production sectors compared to chosen macroeconomic indicators during the crisis times. We try to examine the involvement of social dialogue in taking measures and solving the crisis and compare the economic crisis situation in 2008 – 2009 and during recovery with the coronavirus crisis. According to such experience we try to describe and afterwards assume the position and attitude of trade unions after the period of coronavirus crisis and developments in social dialogue (at national level) during the consecutive economic and social crisis.

Key words

social dialogue, economic crisis, coronavirus crisis, collective bargaining, trade unions

Pages

61-76

Doi

10.33382/cejllpm.2020.04.05

How to cite:

Uhlerová, M. (2020). The role of trade unions and social dialogue during the crisis: the case of Slovakia. Central European Journal of Labour Law and Personnel Management, 3 (1), 61-76. doi: 10.33382/cejllpm.2020.04.05


6.

SERVICE OF DOCUMENTS IN THE CONTEXT OF EMPLOYMENT DURING EMPLOYEE QUARANTINE
Jana Žuľová - Ivan Kundrát

Abstract

The legal regulation of quarantine imposed on an employee is limited in the Labor Code (Act No. 311/2001 Statutes, the Labor Code, as amended, hereinafter referred to as the Labor Code), to the framework regulation of legal consequences of quarantine in labor relations. A number of labor-related problems arising from the SARS-CoV-2 coronavirus epidemic causing COVID19 will, therefore, have to be addressed by interpreting the legislation in force for the purpose of its practical application, as it had been previously considered to be of rather a theoretical nature. The paper deals with the partial problem of the service of documents in labor relations during the employee quarantine. It identifies what is served, it analyzes the correctness of the employer's procedure when it automatically relays the delivery task to the postal service, and it clarifies the interpretation of the term “last known address” in the context of its change as evidenced from the proof of temporary incapacity for work stemming from a quarantine
imposed on the employee. The aim of the paper is to discuss the practical aspects of the service of documents in the labor context at the time of the current situation of the spread of coronavirus epidemic. In terms of the methodology, the paper is based on critical in-depth analysis of the current legal framework, descriptive method and scientific cognitive methods.

Key words

quarantine, service of documents, document, postal service, employee address

Pages

77-88

Doi

10.33382/cejllpm.2020.04.06

How to cite:

Žuľová, J., Kundrát, I. (2020). Service of documents in employment relationships during the employee quarantine. Central European Journal of Labor Law and Personnel Management, 3 (1), 77-88. doi: 10.33382/cejllpm.2020.04.06