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Projects / Programmes source: ARIS

Vpliv delovno in socialnopravnih norm na zaposlovanje in brezposelnost (Slovene)

Research activity

Code Science Field Subfield
5.05.00  Social sciences  Law   

Code Science Field
S143  Social sciences  Social law 
S146  Social sciences  Labour law 
Keywords
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
Evaluation (rules)
source: COBISS
Researchers (3)
no. Code Name and surname Research area Role Period No. of publicationsNo. of publications
1.  01038  PhD Anjuta Bubnov-Škoberne  Law  Head  1998 - 2001  321 
2.  01329  PhD Polonca Končar  Law  Researcher  1998 - 2001  573 
3.  19427  PhD Grega Strban  Law  Researcher  1997 - 2001  811 
Organisations (2)
no. Code Research organisation City Registration number No. of publicationsNo. of publications
1.  0583  University of Ljubljana - Faculty of law  Ljubljana  1627104  14,615 
2.  1608  Institute for Comparative Law Studies, Faculty of Law, University of Ljubljana  Ljubljana  1196294000  6,045 
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.
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