2023/2.

  • Tonia NOVITZ:
    Exploring a Human Rights Approach to 'decent' Digital Work
    What happens when Freedom of Association and Expression are Combined?

    This article examines the potential for a human rights-based approach to 'decent' digital work. This is done by considering how entitlements to freedom of association and expression can be combined to seek to regulate the use of digital technologies at work. The potential and limitations of recent cases decided by the European Court of Human Rights are analysed in this context.
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  • David MANGAN:
    The fragmented protection of privacy and data in labour law

    The premise of this article is: act now regarding privacy law in general, and in particular its application to labour, or be complicit in its slow degradation. The indications of activity, such as legislation and case law, do not support the argument that privacy is being addressed. Satisfaction has grown with a simple easily surpassed threshold of notice. There must be a good, supported reason for intruding upon an individual's privacy. The ambition of this contribution is to identify the fragmented treatment of privacy, and then to offer points for recalibrating privacy at work.
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  • Monika LATOS-MIŁKOWSKA:
    Trade union control over the use of artificial intelligence in employment in Polish labour law

    The use of artificial intelligence in employment should be subjected to the control of the trade unions. In Polish realty the company trade unions should be entites equipped with rights to perform such control. This article contains the analysys of the current legal status in this field and indicates the amendments necessary to improve the possibility of trade unions control over the use of AI in employment.
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  • Yana SIMUTINA:
    Flexibility or Insecurity? Exploring the Concept of gig Contracts from Ukrainian Regulatory Experience

    The paper explores the concept of gig contracts from the Ukrainian regulatory experience. First, the specific features of gig contracts are highlighted. In the second section, the author points out terminological differences between the generally accepted concept of gig work in European and Ukrainian labour law. The third section focuses on the challenges of the dual nature of gig contracts in relation to employment status. The final section discusses the risks of excluding IT workers from the scope of labour law.
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  • Gábor MÉLYPATAKI:
    Typical Civil Law Contract or Employment Relationship?
    Assessing the new Rules on Platform Work in the Light of Social Protection
    - Impressions

    The legal situation of platform workers is a multi-factorial issue. It is outside the limits of current labour law protection. However, this does not mean that they are not in a vulnerable position. It is therefore important that the concepts of employment and labour law protection do not overlap. Labour law protection only covers a range of employment activities. Whether the EU rules will make any real difference is a big question. The other question is: what protection do platform workers themselves want? Are they equally interested in legislation? That is why in my study I would like to look more closely at the issues that are most relevant in this area.
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  • Agnieszka GÓRNICZ-MULCAHY - Monika LEWANDOWICZ-MACHNIKOWSKA - Tomasz GRZYB:
    Voluntariness of Employees' Consent to the Processing of Personal Data
    Legal, Psychological, and Organizational Aspects

    An expression of respect for the autonomy of employees is the assumption that the employee may, in situations indicated by law, give consent. The "consent" of the personal data subject means freely given, specific, informed, and unambiguous indication of will. Consent given voluntarily indicates that the person who gives it has a free choice in this respect.
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  • Sara BAGARI:
    Answers in the Slovenian Legal Framework to the Challenges Posed by Artificial Intelligence in Employment Relationships

    The Slovenian legislator has not addressed yet the regulation of AI and its consequences. Where existing legal frameworks do not provide answers or are too general in terms of the specifics of employment relationships, solutions will have to be sought at both EU and national level on the basis of discussion, consultation and social dialogue to ensure decent and just working conditions notwithstanding the changing nature of work and new developments in the labour market.
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