Suchergebnisse

Unequal treatment because of religion or belief

The article presents the legal opinions of two Advocates General (AG) of the Court of Justice of the European Union (CJEU) and two judgments of this court (CJEU) issued in cases C-157/15 and C-188/2015 in matters relating to religion. The main research method used in the article is the dogmatic method. The author analyzes the positions of two lawyers employed as AG CJEU in matters concerning the imposition of bans by entrepreneurs on persons employed, displaying religious symbols in places and time of work. The article is divided into five parts. In the first part, the author looks at legal concepts such as discrimination and religious freedom. In the second part, the reader is introduced to the essence of the dispute between entrepreneurs and employed believers of religion. The third part deals with the cases regulated by the provisions of Directive 2000/78/EC concerning lawful exceptions to the prohibition of discrimination. The fourth part is devoted to the policy of religious neutrality recognized by the European Union as a remedy between employers and employees. In the last, fifth part, the operative parts of the judgments of the Court of Justice are listed. CJEU rulings prohibit employees from wearing and displaying overly visible religious symbols. Failure to comply with this prohibition cannot be considered as direct discrimination on the basis of religion. The interest of the entrepreneur is not a sufficient justification for the parties to the re-employment relationship to reach an agreement, because the wearing of religious symbols by employees in the workplace cannot be considered as a "significant professional requirement."

This study deals with the need and difficulties in its implementation, legal regulation of the position of artificial intelligence in labor relations, its impact on the labor market in the near and distant future, the deficit of trust and limited awareness of contemporary and future employees about its potential and its positive and negative possibilities. The ideal for which "learned machines" can be considered in our society is still far from. We will have to wait for the integration of intelligent robots with employees. At present, one can only consider whether artificial intelligence can help or harm people in employment relationships. Artificial intelligence taking over millions of jobs will not take people away from all the work that exists in the labor markets and is currently performed by people. Instead, it can compete effectively with the types of routine work performed by humans. It will create new, more favorable employment conditions. It will force people of the working age to prepare for the necessary necessity of permanent vocational training.

Employment platforms are a new and rapidly growing form of employment. Its specificity is based on modern electronic communication technology. Due to the digitization of the labor market, it is possible to establish and use without legal restrictions unregulated factual links between the provision of work-based services. The conditions of employment on platforms that are not controlled by established labour standards pose a real challenge to the generally binding rules of labour law in the common EU market. The author analyzes the challenges arising from the fourth industrial revolution in the report on employment conditions on work platforms presented to the European Union in 2020.

In all EU Member States the status of people employed on job platforms is not fully legally regulated. It is necessary to consider the sources of the contemporary phenomenon of electronic employment, which is not amenable to legal regulation in the Union constituting an "area of freedom, security and justice with respect for fundamental rights" (Art. 67 (1) of the Treaty on the Functioning of the European Union). The right to work in decent conditions, with adequate remuneration, belongs to this category of rights. In the discussion on employment platforms state authorities are more inclined to consider issues related to new technologies, processes and changes caused by the development and application of modern digital technologies (digitization) in almost all areas. The headquarters of trade unions mainly discuss the legal position of employees and the role of employment platforms in employment relations in the post-industrial era. Entrepreneurs and their organizations, including private institutions and employment platforms, are interested in equal treatment by national legislators in local labour markets. They are afraid of the breach of the balance favorable to their own economic interests, caused by the public interest in the possibility of using employment in atypical forms of employment. Services consisting in employment provided under employment platforms are incomparably cheaper than identical work performed by employees employed under employment contracts.

Straipsnyje supranacionaliniu Europos Sąjungos lygiu analizuojamas tinkamas kolektyvinių darbo santykių valdymas pasitelkiant socialinį dialogą, įvertinant suformuluotus tinkamo valdymo principus, kitus svarbius kriterijus socialinei taikai prižiūrėti ir jai garantuoti, skaidraus socialinio dialogo užtikrinimo galimybes, tinkamą pilietinės visuomenės atstovų dalyvavimą socialiniame dialoge ir viešosios valdžios atsakomybę. Taip pat analizuojami Europos Sąjungos teisės aktai ir rekomendacijos bei ekspertų nuomonė, atsižvelgiama į autoritetingas darbo teisės mokslininkų išvadas, atskleidžiant socialinio dialogo ypatybes ir trūkumus Europos Sąjungos lygiu.The article analyses the good governance of the collective labour relations via social dialogue at the supranational level of the European Union, evaluating the formulated principles of good governance, the other important criteria to maintain and guarantee the social peace, the possibilities to ensure the transparency of social dialogue, the appropriate participation of civil society representatives in the social dialogue as well as the responsibility of public authorities. The article analyses legal acts of the European Union, recommendations and the opinions of experts, also taking into account the authoritative conclusions of labour law scholars, revealing the peculiarities and drawbacks of the social dialogue at the European Union level.

The modern European concept of collective labour relations is based on the social dialogue, which represents an opportunity for ensuring permanent social peace. The social dialogue is regulated by the provisions of the primary European law, conducted at the supranational level by the social partners functioning in the European social area. It is also an important model for conducting dialogue by the social partners in the EU Member States and for establishment by the authorities of particular EU Member States of the principles and procedures for the social dialogue in the labour law systems. The freedom of association, collective bargaining, social dialogue and quality of collective labour relations are the fundamental elements of the European social model. The collective bargaining as being a part of this model should promote workplace democracy, redistribution of resources, and efficiency of employment relations. However, collective agreements that may be concluded at the European level are still a novelty in the legislative system of European labour law and they do not play a role as the alternative sources of European labour law.

The modern European concept of collective labour relations is based on the social dialogue, which represents an opportunity for ensuring permanent social peace. The social dialogue is regulated by the provisions of the primary European law, conducted at the supranational level by the social partners functioning in the European social area. It is also an important model for conducting dialogue by the social partners in the EU Member States and for establishment by the authorities of particular EU Member States of the principles and procedures for the social dialogue in the labour law systems. The freedom of association, collective bargaining, social dialogue and quality of collective labour relations are the fundamental elements of the European social model. The collective bargaining as being a part of this model should promote workplace democracy, redistribution of resources, and efficiency of employment relations. However, collective agreements that may be concluded at the European level are still a novelty in the legislative system of European labour law and they do not play a role as the alternative sources of European labour law.

The modern European concept of collective labour relations is based on the social dialogue, which represents an opportunity for ensuring permanent social peace. The social dialogue is regulated by the provisions of the primary European law, conducted at the supranational level by the social partners functioning in the European social area. It is also an important model for conducting dialogue by the social partners in the EU Member States and for establishment by the authorities of particular EU Member States of the principles and procedures for the social dialogue in the labour law systems. The freedom of association, collective bargaining, social dialogue and quality of collective labour relations are the fundamental elements of the European social model. The collective bargaining as being a part of this model should promote workplace democracy, redistribution of resources, and efficiency of employment relations. However, collective agreements that may be concluded at the European level are still a novelty in the legislative system of European labour law and they do not play a role as the alternative sources of European labour law.

The modern European concept of collective labour relations is based on the social dialogue, which represents an opportunity for ensuring permanent social peace. The social dialogue is regulated by the provisions of the primary European law, conducted at the supranational level by the social partners functioning in the European social area. It is also an important model for conducting dialogue by the social partners in the EU Member States and for establishment by the authorities of particular EU Member States of the principles and procedures for the social dialogue in the labour law systems. The freedom of association, collective bargaining, social dialogue and quality of collective labour relations are the fundamental elements of the European social model. The collective bargaining as being a part of this model should promote workplace democracy, redistribution of resources, and efficiency of employment relations. However, collective agreements that may be concluded at the European level are still a novelty in the legislative system of European labour law and they do not play a role as the alternative sources of European labour law.