Volume 1 - Number 1 - December 2018


1.

PUBLIC WORK IN AN INTERNATIONAL AND HUNGARIAN CONTEXT
Imola Cseh Papp – Erika Varga – Loreta Schwarczová – László Hajós

Abstract

The objective of active labour market policies (providing labour market services and supporting employment) is to channel back those without a job to the labour market as soon as possible. Public work, regarded as an active instrument, is generally criticised for not substantially improving employment rate; most jobs produce low added value; participation decreases the motivation and willingness of those concerned to find a job. In addition, the programmes prove to be expensive and make people more dependent on the unemployment benefit. According to the experts one of the benefits is that in the short and medium term the programmes provide the safety of survival to the participants and can also contribute to implementing the other tasks of improvement while decreasing poverty and inequalities. Another beneficial impact is its suitability to make the disadvantaged groups more dynamic whose primary labour integration is unlikely. It is also suitable for overcoming the challenges of structural unemployment and easing the downsides of global economic crises. The public work programmes are facing similar challenges internationally and in Hungary, as well. Our paper presents the problems of public work (if it is effective enough and able to fulfil its mission) as one of the most frequently applied instruments of employment policies both theoretically and empirically, and also from an international as well as a Hungarian perspective.

Key words

government policy, public work, provision and effects of welfare programmes, unemployment

Pages

6-16

Doi

10.33382/cejllpm.2018.01.01

How to cite:

Cseh Papp, I. et al. (2018). Public work in an international and Hungarian context. Central European Journal of Labour Law and Personnel Management, 1 (1), 6-16. doi: 10.33382/cejllpm.2018.01.01


2.

OPERATION AND ACTION OF A TRADE UNION (IN TERMS OF CZECH REPUBLIC LABOUR LAW)
Jan Horecký

Abstract

Social dialogue constitutes an important part in the process of shaping of social relationships. The importance of social dialogue comes to attention particularly in connection with working conditions for employees. They also have the right to establish different forms of employee representatives so that their economic, social and cultural interests can be promoted and protected with a higher level of dignity and with greater force. A trade union represents one of the fundamental employees’ representatives recognized by law and it also has the right to bargain collectively. Collective bargaining leads to the conclusion of collective agreements that guarantee better working conditions for employees. The prerequisites for operation and action of a trade union within an undertaking differ according to national legislation. The presented article points out the terms and prerequisites of operation and action of a trade union within an undertaking in the scope of the Czech legal order. It brings to attention several application impacts of a trade union’s fulfillment prerequisites of its operation and action, as well as the yet unresolved issue of plurality of trade unions.

Key words

social dialogue, labour condition, trade union, acting, right to collective bargaining

Pages

17-27

Doi

10.33382/cejllpm.2018.01.02

How to cite:

Horecký, J. (2018). Operation and Action of a Trade Union (in terms of Czech Republic Labour Law). Central European Journal of Labour Law and Personnel Management, 1 (1), 17-27. doi: 10.33382/cejllpm.2018.01.02


3.

HUMAN RESOURCE AND CORPORATE CULTURE: GENDER-BASED DIFFERENCES IN THE ASSESSMENT
Silvia Lorincová

Abstract

Within the different concepts of the business efficiency growth, now the corporate culture is part of a modern enterprise management. Managers start to consider the corporate culture as an important factor in successful business especially in the area of human resource management. Corporate culture research was conducted through questionnaires based on the Cameron and Quinn methodology. The questionnaires were distributed in 2017 to employees working in companies operating in Slovakia. The sampling unit consisted of 3,750 respondents. The aim of the research was to identify gender-based differences in the assessment of corporate culture in enterprises in Slovakia. Based on the results, we can state that there exist no differences in assessment of corporate culture based on gender.

Key words

human resource management, corporate culture, gender-based differences, Slovakia

Pages

28-45

Doi

10.33382/cejllpm.2018.01.03

How to cite:

Lorincová, S. (2018). Human resource and corporate culture: Gender-based differences in the assessment. Central European Journal of Labour Law and Personnel Management, 1 (1), 28-45. doi: 10.33382/cejllpm.2018.01.03


4.

’EMPLOYING’ OF SELF-EMPLOYED PERSONS
Marián Mészáros

Abstract

This paper deals with topic on potential legal consequences in case of contracted self-employed entities which would perform dependent activity (i.e. work). This paper provides a comprehensive overview of contracting self-employed persons to perform dependent work. This paper not only deals with legality of such practice in the Slovak Republic but also examines and assesses the legal practice of the relevant and competent public authorities in this sphere. Besides the evaluation of the legal situation in the Slovak Republic, this paper also provides an overview of the existing legislation mostly in the Czech Republic as well as an overview of recent case-law of the European Court of Justice in this particular sphere. In this paper author provide analysis of legal issue of employment of self-employed persons not only from the viewpoint of legal system of the Slovak and Czech Republic but also examines this phenomenon using an analytical and comparative method with selected European countries. The aim of this paper was from acquired knowledges draw conclusions and proposals de lege ferenda for the Slovak legislator and public authorities to improve the solution to this legal problem. In conclusion of this paper are mentioned recommendations for another research in this area.

Key words

dependent work, bogus self-employment, švarcsystem, illegal employment, simulated and dissimulated legal act

Pages

46-67

Doi

10.33382/cejllpm.2018.01.04

How to cite:

Mészáros, M. (2018). ‘Employing’ of self-employed persons. Central European Journal of Labour Law and Personnel Management, 1 (1), 46-67. doi: 10.33382/cejllpm.2018.01.04


5.

PERSONALITY ASPECTS OF THE EMPLOYEE AND THEIR EXPLORATION FROM THE GDPR PERSPECTIVE
Jana Žuľová – Marek Švec – Adam Madleňák

Abstract

The paper addresses the issue what impact the personal aspects have on work performance in the light of the current European legislation on protection of personal data. The authors focus on two selective issues (mental ability and physical ability) with a practical impact on the activity of the employer. The goal of the submitted contribution is to assess whether the information about the mental and physical health of the employee is considered to be a personal data or sensitive information, and what legal basis the employer has for processing this data. Assessed is the holistically perceived personality of the employee with an emphasis on information about his mental and physical health, since it affects the legislation handling personal data. The second part of this study examines the legitimacy of processing personal data in the work environment of the employer. A resolved partial issue is the possibility of the employer to receive information about the mental health of the employee even if specific legislation does not provide such a prerequisite for work performance. To examine the defined legal issue we applied qualitative methods, critical in-depth analysis of the law and logico-cognitive methods. Based on the legal background and personal opinion, the authors consider determining the concept advocated by WP29, which provides a broad meaning of the term personal data regarding the health condition. According to this, the employers should consider not only the specific information about the health condition of the employee, but also the data concerning the health condition that can be deducted from the existing data.

Key words

mental health, physical health, personal data of the employee, employer

Pages

68-77

Doi

10.33382/cejllpm.2018.01.05

How to cite:

Žuľová, J., Švec, M., Madleňák, A. (2018). Personality aspects of the employee and their exploration from the GDPR perspective. Central European Journal of Labour Law and Personnel Management, 1 (1), 68-77. doi: 10.33382/cejllpm.2018.01.05