Labour Law and Social Security Law Basic Concepts

Labour Law and Social Security Law Basic Concepts and Terms Martin Štefko

The Exam p p p There will be a written examination at the end of the course during the normal examination period The exam consists of 10 multiple choice questions covering both labour law and social security law learned within the course, where the candidate must answer at least 6 questions correctly (to pass) It is not an open book test

The alternative to the test Pffeifer- joined cases C-397/01 to C 403/01 p C-124/05 Federatie Nederlandse Vakbeweging p C-484/04 (Commission v UK) p

Outline p The whole course: n n n p 5 L = Labour Law 4 L = Social Security Law 1 L = Spanish Labour Law Today: n definition of general terms: Employment Law, Labour Law, Employee and Dependent Work p Ireland, Employee Appeal Tribunal, pages 3 -7

European Welfare State Models the p Central and Eastern Europe´s model Bismarck´s model Southern Countries´ model Scandinavian´s model

Is it so important? What is the position of an individual?

Main features of Convention 102 • Nine branches: 1. Access to medical care 2. Sickness 3. Unemployment 4. Old age benefit 5. Employment injury 6. Family benefit 7. Maternity benefit 8. Invalidity benefit 9. Survivor’s benefit

Flexible Retirement Age 2011 – 1977 = 34 x 2 p 67 + 5 Ys and 2 Ms p 2014 – 1977 = 37 x 2 p 67 + 6 Ys and 2 Ms p

p What do you think when do you hear Labour Law ?

Labour Law The Clayton Act of 1914 p Fair Labor Standards Act of 1938 p The National Labor Relations Act (NLRA) p Czech history: Act no. 37/1959 Coll. , Trade Unions´Status p Distinction p n n http: //thelawdictionary. org/labor-laws/ http: //www. law. cornell. edu/wex/national_labor _relations_act_nlra

Concept of Labour Law p a general term for a set of rules governing the performance of dependent work

Division of Labour Law p Labour law is composed of n n n (employment law): it frames working conditions in an individual employment relationship (collective employment law): sets down rules for collective bargaining, governs the legal nature of collective agreements and (immigration employment law and public regulation of the right to work): sets forth rules governing the labour market

Czech labour law is codified in the Labour Code (Act 262/2006 Collection) Path to the Labour Code in English http: //www. mpsv. cz/en/1609

Introduction to Labour Law a legal branch on the border between public law and private law p individuals are formally equal (private law) p main function is the protection of employees in negotiating with an employer (in name of public policy) p

The State´s Influence on Labour Law p certain parts of labour law shall n demonstrate the authority of the State p n (e. g. regulation of public holidays as memorials for the State) ensure the maintenance of the State (e. g. concept of leave from work when an employee is delivered a service notification, or she takes maternity leave) p State Memorial Day – 9 th May p

Distinction between dependent work and independent work p important because - only employees are qualified for n n p social security payments and taxation at certain rates, employment protection rights, protection of wages on their employer’s insolvency, protection in case of occupational injury and sick pay benefits the will of parties is irrelevant

Czech p p an employee may render service under a contract of employment as a dependent contractor (mandatory rule) the work performed by an employee as a subordinate to an employer, when n n n n an employee works personally respecting the employer’s instructions in the employer’s name on employer´s behalf for payments in working hours or at an another stipulated time at work place or somewhere else agreed at the employer’s expense and responsibility

The Control Test p The labour law shall be applied whether the master controls or had the right to control what the employee did and also the manner in which he/she did it n Ready Mixed Concrete Ltd v Minister of Pensions

Slovak Labour Code (311/2001 Zz) p the work performed by an employee as a subordinate to an employer, when n n n an employee works personally respecting the employer’s instructions in the employer’s name in working hours or at an another stipulated time at work place or somewhere else agreed at the employer’s expense and responsibility for payments

Integration Test

Example

Decision [the House of Lords in Davies v. Presbyterian Church of Wales 1986]

Lawrie-Blum (ECJ C-66/85) p 17 THAT CONCEPT MUST BE DEFINED IN ACCORDANCE WITH OBJECTIVE CRITERIA WHICH DISTINGUISH THE EMPLOYMENT RELATIONSHIP BY REFERENCE TO THE RIGHTS AND DUTIES OF THE PERSONS CONCERNED. THE ESSENTIAL FEATURE OF AN EMPLOYMENT RELATIONSHIP , HOWEVER , IS THAT FOR A CERTAIN PERIOD OF TIME A PERSON PERFORMS SERVICES FOR AND UNDER THE DIRECTION OF ANOTHER PERSON IN RETURN FOR WHICH HE RECEIVES REMUNERATION.

Lawrie-Blum p In Lawrie-Blum and Unger, the ECJ stressed that the term “worker” has a Community-wide meaning p The concept of worker can be derived from national laws of member States, but it is not identical with them.

EC-concept of Worker p “The essential feature of an employment relationship is that a person performs services of some economic value for and under direction of another person in return for which he receives remuneration. ” n n It must be an effective and genuine work of certain economical value. The occupation in which the economic activity is provided, the nature of the legal relationship, amount of remuneration, and the extent of work are without significance.

Final Task p Write a Feedback Report on the course n n Mention the length, the material, the method, the tutor and anything else that you consider important. Be kind, but give your suggestions for changes that can bring improvement in the lives of future generations of the course sufferers.

Thank You for Your Attention p For Further Information Contact: stefkom@prf. cuni. cz n Martin Stefko, JUDr. Ph. D. Charles University, Faculty of Law nám. Curieových 7 116 40 Praha 1 Czech Republic n