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On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act into law. Notwithstanding the current constitutional challenges to the law, this historic legislation reaffirmed the basic principle that everyone should be afforded the opportunity to have security when it comes to health care. Such security also includes security in employment when a serious health condition causes an employee to be out of work for a temporary period of time. Indeed, it was the recognition of the need for job security during a time of illness which led Congress to enact the Family and Medical Leave Act ("FMLA") in 1993, providing eligible employees twelve workweeks of leave each year to allow an employee to care for a spouse, child or parent facing a serious health condition or when the employee is battling his or her own serious health condition. However, when the Department of Labor ("DOL") amended FMLA regulations in November 2008 to allow employers to secure unsupervised waivers of employees' FMLA rights, it severely undercut job security afforded employees under the Act. The DOL's amendment weakens the intended protection of the Act by providing employers with the ability to easily avoid responsibility for FMLA violations, which in turn facilitates the removal of employees who should be protected under the FMLA. This Article argues that employees should only choose to waive their FMLA rights after being fully and adequately informed about what their rights are and that this can only be accomplished through supervised waivers. This Article further advocates for executive and legislative action to revise the law, and proposes litigation strategies for effectively challenging FMLA waivers under the current regulatory scheme.

Protection of Employees' Rights in Case of Transfer of Business or Part Thereof Undoubtedly, one of the main functions of the labour law is social function. The main purpose of this function is to ensure the interest of employees which are generally recognized as a weaker party in the employment relationship. The transfer of business or part thereof is one of that cases there these interests should be preserved carefully. In such a case, it is important that employees do not encounter negative consequences as a result of the desire of business entities to increase the efficiency of economic processes. It is vital not only to avoid unlawful dismissal, but also any other deterioration of their rights. The European Union is also concerned with the above-mentioned type of protection of employees' rights. For this purpose the Directive 2001/23/EC, which lays down rules that should be followed by all Member States, was adopted. All Member States are obliged to look carefully at the each specific case. Following the assessment guidelines developed by the Court of Justice of the European Union, when the national court establishes that economic entity retains its identity after certain structural adjustments, the automatic transfer of employees to a transferee takes place. Additionally, the transferee has an undisputed obligation to take over all rights acquired by employee in his previous workplace both in terms of employment contract or employment relationships, without the right to carry out any fundamental modifications. In other words, the principle of continuity and stability of labour relations must be ensured. Such protection should be considered as broad, because it also includes provisions deriving from collective agreements. In general, the duty of the transferee to respect not only the individual protection of employees but also certain collectively enforceable guarantees is emphasized. The employees must be adequately informed and consulted about the process of the transfer and their legal status, and, in particular cases, the employees' representatives should be allowed to maintain their status in the event of integration into a new legal entity.

Protection of Employees' Rights in Case of Transfer of Business or Part Thereof Undoubtedly, one of the main functions of the labour law is social function. The main purpose of this function is to ensure the interest of employees which are generally recognized as a weaker party in the employment relationship. The transfer of business or part thereof is one of that cases there these interests should be preserved carefully. In such a case, it is important that employees do not encounter negative consequences as a result of the desire of business entities to increase the efficiency of economic processes. It is vital not only to avoid unlawful dismissal, but also any other deterioration of their rights. The European Union is also concerned with the above-mentioned type of protection of employees' rights. For this purpose the Directive 2001/23/EC, which lays down rules that should be followed by all Member States, was adopted. All Member States are obliged to look carefully at the each specific case. Following the assessment guidelines developed by the Court of Justice of the European Union, when the national court establishes that economic entity retains its identity after certain structural adjustments, the automatic transfer of employees to a transferee takes place. Additionally, the transferee has an undisputed obligation to take over all rights acquired by employee in his previous workplace both in terms of employment contract or employment relationships, without the right to carry out any fundamental modifications. In other words, the principle of continuity and stability of labour relations must be ensured. Such protection should be considered as broad, because it also includes provisions deriving from collective agreements. In general, the duty of the transferee to respect not only the individual protection of employees but also certain collectively enforceable guarantees is emphasized. The employees must be adequately informed and consulted about the process of the transfer and their legal status, and, in particular cases, the employees' representatives should be allowed to maintain their status in the event of integration into a new legal entity.

Protection of Employees' Rights in Case of Transfer of Business or Part Thereof Undoubtedly, one of the main functions of the labour law is social function. The main purpose of this function is to ensure the interest of employees which are generally recognized as a weaker party in the employment relationship. The transfer of business or part thereof is one of that cases there these interests should be preserved carefully. In such a case, it is important that employees do not encounter negative consequences as a result of the desire of business entities to increase the efficiency of economic processes. It is vital not only to avoid unlawful dismissal, but also any other deterioration of their rights. The European Union is also concerned with the above-mentioned type of protection of employees' rights. For this purpose the Directive 2001/23/EC, which lays down rules that should be followed by all Member States, was adopted. All Member States are obliged to look carefully at the each specific case. Following the assessment guidelines developed by the Court of Justice of the European Union, when the national court establishes that economic entity retains its identity after certain structural adjustments, the automatic transfer of employees to a transferee takes place. Additionally, the transferee has an undisputed obligation to take over all rights acquired by employee in his previous workplace both in terms of employment contract or employment relationships, without the right to carry out any fundamental modifications. In other words, the principle of continuity and stability of labour relations must be ensured. Such protection should be considered as broad, because it also includes provisions deriving from collective agreements. In general, the duty of the transferee to respect not only the individual protection of employees but also certain collectively enforceable guarantees is emphasized. The employees must be adequately informed and consulted about the process of the transfer and their legal status, and, in particular cases, the employees' representatives should be allowed to maintain their status in the event of integration into a new legal entity.

Protection of Employees' Rights in Case of Transfer of Business or Part Thereof Undoubtedly, one of the main functions of the labour law is social function. The main purpose of this function is to ensure the interest of employees which are generally recognized as a weaker party in the employment relationship. The transfer of business or part thereof is one of that cases there these interests should be preserved carefully. In such a case, it is important that employees do not encounter negative consequences as a result of the desire of business entities to increase the efficiency of economic processes. It is vital not only to avoid unlawful dismissal, but also any other deterioration of their rights. The European Union is also concerned with the above-mentioned type of protection of employees' rights. For this purpose the Directive 2001/23/EC, which lays down rules that should be followed by all Member States, was adopted. All Member States are obliged to look carefully at the each specific case. Following the assessment guidelines developed by the Court of Justice of the European Union, when the national court establishes that economic entity retains its identity after certain structural adjustments, the automatic transfer of employees to a transferee takes place. Additionally, the transferee has an undisputed obligation to take over all rights acquired by employee in his previous workplace both in terms of employment contract or employment relationships, without the right to carry out any fundamental modifications. In other words, the principle of continuity and stability of labour relations must be ensured. Such protection should be considered as broad, because it also includes provisions deriving from collective agreements. In general, the duty of the transferee to respect not only the individual protection of employees but also certain collectively enforceable guarantees is emphasized. The employees must be adequately informed and consulted about the process of the transfer and their legal status, and, in particular cases, the employees' representatives should be allowed to maintain their status in the event of integration into a new legal entity.

"Der Beitrag ergründet die normativen Grundlagen der Standards zum Schutz der Arbeitnehmerrechte der International Labour Organization. Auf Basis der kantischen Position des US-amerikanischen Wirtschaftsethikers Norman E. Bowie zeigen die Autoren, dass sich Bowies Theorieansatz grundsätzlich dazu eignet, die vier Kernbereiche der ILO-Aktivitäten ethisch zu fundieren. Jedoch stößt Bowies Position bei der Begründung der ILO-Standards auch auf Grenzen, die nur teilweise mittels zusätzlicher, mit der kantischen Stoßrichtung vereinbarer Ideen erweitert werden können. So wird beispielsweise der republikanische Freiheitsbegriff Philip Pettits als Verfeinerung der teilweise problematischen Unterscheidung Bowies zwischen negativer und positiver Freiheit vorgeschlagen. Kritisch bleiben die Themen Schutz von Kindern, Nichtdiskriminierung und Gewerkschaften. Alles in allem liefert der Beitrag eine ganzheitliche und grundsätzlich positive Antwort auf die Frage nach der Möglichkeit einer kantischen Begründung der ILO-Standards." (Autorenreferat)

This paper examines the whistleblowing in the Italian legal system. In the lack ofproper rules on such a phenomenon (quite uncommon in the Italian social reality, also due to cultural reasons) except for the civil servants, the paper goes on analysing, on the one hand, the provision applicable to the civil servants (i.e. art. 54 of the Legislative Decree no. 165/2001), and on the other hand, the instruments provided for by the Italian legal system as general principles, which can be applied by the judge in order to protect the whistleblowers in the private sector (in particular the rules against retaliatory and discriminatory acts and mobbing). The Author stresses that the recalled protection, although effective (also after the so-called 'Monti's reform', id est the Law No. 92/2012), could be not sufficient both because of the allocation of the burden of proof, and because it is applicable to the employees and only partially (as the Author explains in the last paragraph) to the whistleblowing in the context of self-employment. Then the paper analyses the balancing performed by the Italian caselaw between the right to information and the right of criticism, on one side, and the right to secrecy set forth by law in respect of business facts and information, and the personality rights granted to the employer by the Constitution,on the other side. Finally the paper deals with the applicable procedures, introduced by disciplinary codes, also according to the Legislative Decree No. 231/2001, and the problems related to internal reporting systems, in particular the balancing between the needs for the whistleblower's protection and the positive law in the matter of protection of the privacy of the person to whom the complaint relates according to the Legislative Decree No. 196/2003.

The article is devoted to the issue on protecting the employees' labour rights in case of an employment dispute, which is considered regarding corporate rights of company owners. The article emphasizes that during work employees are bearing more and more rights and obligations that are realized in different types of relationships. It is also stated that in case of disputes arising from employment relations, courts need to take into ac- count basic factors of labour law. The purpose of this article is to develop proposals for to improving the mechanism of for the protection of emplyees' labour rights. In order to achieve this goal, the author analyses judicial practice regarding the protection of employees' labour rights in disputes related to business entities' functioning, as well as it reveals the contractual nature of labour relations and formulates the proposals on creation of legal conditions for the pro- tection of employees' labour rights. The subject of the study is the judicial protection of company owners' corporate rights and the labour rights of employees. The object of the study is the protective legal relations that arise in the process of resolving labour disputes by the courts of Ukraine. The deductive method used in the work made it possible has allowed the author to substantiate the need for a clear distinction between labour and corporate rightslaw, consider- ing labour disputes and as well as the necessity to take into account the specifics of the method of legal regulation in labour law, in particular the contractual nature of the entrenching of on rights and obligations. The method of induction has revealed the theoretical and practical problems of the distinction between corporate and labour rights. The theo- retical and prognostic method has been used to substantiate the proposals for the improvement of labour legislation to protect the labour rights of employees. Categories and methods of formal logic have been widely used in the work: concepts, definitions, proofs, judgments, analysis, synthe- sis, analogy, comparison, generalizations, etc. The paper focuses on the judicial bodies' powers on the necessity to allocate the specialization of judges for the consideration of labor cases. Based on the case law analysis, the improvement of the national labour legislation on wrongful dismissal is proposed. In fact, every court case in which labour disputes are settled has its own peculiarities and specifics, which in its turn requires the specialization of judges who have to consider labour disputes. It is the specialization of judges in Ukraine that will provide an opportunity not only to guarantee the emploees' labour rights, but to practically improve the mechanism for the protection of employees' labour rights enshrined in collective and employmentagreements.