Projects / Programmes
Vpliv delovno in socialnopravnih norm na zaposlovanje in brezposelnost (Slovene)
| Code |
Science |
Field |
Subfield |
| 5.05.00 |
Social sciences |
Law |
|
| Code |
Science |
Field |
| S143 |
Social sciences |
Social law |
| S146 |
Social sciences |
Labour law |
employment, unemployment, labour law, termination of the employment contract, labour law in SME''s, social security law, social insurances, equal treatment of employed men and women, free movment of workers, european social policy
Researchers (3)
Organisations (2)
Abstract
In the research project the question of the influence of labour and social legal standards adopted by the state on the employment and unemployment has been analyzed. Also questions of the influence of some acts of social law of the European community in general and particularly from the area of equal treatment of men and women and the status of migrant workers have been presented. The findings show, that in Slovenia the state indirectly influences the readiness of the employers to employ or preserve employment, and also on the behaviour of the employed persons, by defining the rights of the employed persons and the obligations of the employers from labour relations and from pension, invalidity, and health insurance and the insurance against unemployment.
In the field of labour law the question of defining various rights of the employed in small and medium size enterprises in order to enable operation of these enterprises and to promote employment has been analyzed. Such an orientation has been evaluated as positive, but only on condition that the employed be not unfoundedly in an essentially worse position. The ex lege and ipso iure regulation of the termination of the employment in the case of fulfillment of conditions for a full old-age pension, bankruptcy or death of the employer has been critically evaluated and a proposal has been made that also in these cases the general regulation of the termination of labour relations in the case of valid reason be applied.
In the area of social law the question of the legal position of the state in defining and changing the rights in the area of social security has been analyzed. It has been established that the freedom of state organs is limited by the provisions of the ratified international conventions, by the constitution and by the rule of proportionality applied by the Constitutional court in adjudicating constitutional validity of legal revisions. Legal norms defining obligations of the employers in relation to the employed in the case of illness, injury and permanent reduction of working ability and/or invalidity in the cases when these were caused by reasons outside work, may have a negative influence on the readiness of the employers for employment. It has also been stated that new legal obligations of the unemployed persons in connection with active search and acceptance of a suitable employment will have a positive influence on the decrease of unemployment.
