THE CONCEPT OF A TRADE UNION ORGANIZATION COVERING THE ENTIRE WORK ESTABLISHMENT

The presented study concerns the concept of a “trade union organization covering the entire work establishment”. In this study an attempt was made to answer the question whether the term means that the trade union organization must actually conduct activity in each unit of the work establishment in the objective sense, or it is sufficient when, in accordance with the statute or other union resolution defining the subjective scope of its activities, the trade union activity covers the workplace as a whole. The research is based on a dogmatic and legal analysis of Polish law as well as on case-law and legal writing. As a result of the considerations, the Author comes to the conclusion that the status of a work establishment trade union organization is determined by specifying the subjective scope of its activity in its statute or other union resolution. Fears that such a solution to the problem enables the dictatorship of a minority in the workplace can be neutralized by making union rights conditional on the representativeness of a trade union organization also where there is only one such organization in the workplace

ON THE CONCEPT OF A WORK ESTABLISHMENT TRADE UNION ORGANISATION AFTER THE AMENDMENT TO THE PROVISIONS OF THE COLLECTIVE LABOUR LAW OF 2018

The presented study concerns the concept of a work establishment trade union organisation after the changes introduced to collective labour by the Act of 5 July 2018 amending the Act on Trade Unions and certain other acts. Its main purpose is to consider the impact of changing the concept of an employer on the concept of a work establishment trade union organisation. The research is based on a dogmatic and legal analysis of the provisions of Polish law as well as on case-law and legal writing statements. As a result of the considerations, the Author comes to the conclusion that the above-mentioned changes to the legal regulations create complications that are difficult to explain. In the Author’s opinion, the only way out of the legal impasse would be to change the law by assuming that the employer within the meaning of Article 3 of the Labour Code and within the meaning of the provisions of collective labour law is an entity with legal capacity within the meaning of art. 33 and art. 331 of the Civil Code.

Law School Learning Outcomes: Legal English Course Contribution

Standards of professional legal education are developed by different organizations: in some countries these are governmental bodies, in others these are professional associations. Apart from a country these standards include Learning Outcomes which shape law schools’ curricula. Both American and European standards mention, to different extent, written and oral communication in the legal context, but a number and contents of subjects directed at developing and mastering professional communicative competency differ a lot. There are disciplines totally devoted to the competency named (e.g. legal writing) as well as courses in which communicative skills are an integral constituent for their successful completion (e.g. basis of negotiations/mediation/client consultation). The article goal is to find a place and role of a Legal English (LE) course in achieving learning outcomes connected with professional communicative competence. The methodology incorporated desk and field studies. The literature review is aimed at identifying current state of affairs in American law schools, as they provide first-class legal education recognized all over the world, and in Russian law schools, as the author works in this system and is interested in its development. A questionnaire was designed to explore Russian law school graduates’ assessment of practicality of subjects they had studied for their professional activities. The analysis of literature and Internet sources allowed to specify the ways of teaching written and oral communication in American law schools and to highlight the situation in Russian legal education. It shows that the Russian system is characterized by predominance of teaching theory of substantive and procedural rules of law and lack of curriculum disciplines aimed at cultivating skills and competencies. A survey of Russian law schools’ recent graduates indicates that most of communicative, in a broad sense, skills, which they use in their everyday work, were obtained within their LE classes. So, complementing a LE course with modules devoted to different aspects of legal writing and specific patterns of lawyer-client, lawyer-lawyer, lawyer-judge communication will definitely contribute to achieving learning outcomes which are put forward by legal education standards.

Perlindungan Hukum bagi Pekerja Akibat Pemutusan Hubungan Kerja pada Masa Pandemi Covid-19

Currently, any part of the world is facing a virus called Covid-19. Since the emergence of this case, all access has been hampered, especially in the economic field. Increasing unemployment is one of the current problems, for that we need a legal protection to ensure life for workers during this pandemic. The purpose of this study to analyze. Arrangements for termination of employment for workers due to the COVID-19 pandemic as well as legal protection for workers due to termination of employment due to the COVID-19 pandemic. This research is a type of normative legal writing with a conceptual approach and legislation. Sources of data used in the form of secondary and primary data sources. Data collection techniques by classifying primary legal materials with secondary legal materials as research support. The analysis of legal materials obtained by qualitative analysis. The results of the study indicate that Termination of Employment has a negative impact on workers because they lose their jobs so that it also has an impact on increasing the poverty level of the Indonesian people. Because the emergence of PSBB regulations from the government of course makes the space for work narrower and layoffs are increasingly prevalent, therefore the regulation of Law no. 13 of 2003 concerning Manpower and also the role of the government is very important to overcome the occurrence of layoffs that are not in accordance with the laws and regulations. The legal protection is divided into 2 things, namely preventive legal protection and repressive legal protection.

Legal English Difficulties and Ways to Overcome

This article is devoted to the study of legal English and its main characteristics. Legal language is the language used by legal professionals in their professional activity. That fact that historically legal English developed separately from the plain English made it difficult for understanding by laypeople. People find the traditional legal writing in such documents as jury instructions, security disclosures, credit card agreements, apartment leases, cell phone contract, promissory note etc. Even native English speakers often complain that they cannot fully understand the documents written to give them information. The understanding of legal English has been a problem for centuries. It was the cause why the plain English movement arose in the 1970s. The purpose of the movement was to simplify the legal writing, make it simple and clear for average people. This problem arises not only for those people whose native language is English. Nonnative speakers also struggle with the complexity of English legal writing. Ukrainian legal professionals that engaged in the area of international, business or corporate law, have to draft documents in English. Sometimes that could be a real problem because unlike English and American legal schools, the majority of ours don't provide the separate course of English legal writing. The purpose of this article is to give practical advice to Ukrainian lawyers and interpreters, how, taking into account the peculiarities of legal English discourse, to draft documents in clear, simple and understandable way. Results of research. A lot of English and American scientists, lawyers as well as linguists, devoted their studies to the plain English movement. Analysis of their works shows that four major factors had influenced on the development of legal English: historical, sociological, political and jurisprudential. Owing to them legal English is full of words of foreign origin, archaisms, argots and terms of art. These factors also caused the frequent usage of formal words, common usage of common words with uncommon meaning, deliberate ambiguity in legal writing. The studies of legal writing by lawyers have focused basically on vocabulary. Linguists in their researchers have identified some other features: overly complex sentences, passives, nominalizations, multiple negations, archaisms and jargon, inappropriate document design. Described ways of simplifying legal English are quite easy to use. Taking into account tips mentioned in the article, legal professionals will be able to draft documents that will be clear and understandable for general public.

JURIDICAL ANALYSIS OF VICTIMS OF THE ECONOMIC EXPLOITATION OF CHILDREN UNDER THE AGE TO REALIZE LEGAL PROTECTION FROM HUMAN RIGHTS ASPECTS

the Aspect of Human Rights (Research Study at the Office of Social Affairs and Community Empowerment), has been carried out as it should, in accordance with Law Number 35 of 2014 concerning Amendments to the Law Number 23 of 2002 concerning Child Protection (Supplementary Gazette of the State Gazette of 2014 Number 5606). The qualification/type of writing in this journal uses normative legal writing, and subsequently integrates it with sociological/empirical legal writing, and to analyze some of the problems in this journal, Satjipto Rahardjo's big theory of legal protection, Jeremy Bentham's middle theory, while Soerjono Soekanto's application/applied theory. The results of the field analysis show that legal protection for children as victims of economic exploitation has not been effective. This means that there are obstacles/obstacles in its implementation, including the obstacles faced in dealing with the problem of violence and economic exploitation of children, namely law enforcement in controlling children, not solving the root problem, only taking curative action, not preventing it. For this reason, it is hoped that the government together with law enforcers will pay more attention and take firm action regarding the problem of economic exploitation of street children, both in terms of guidance and legal sanctions for perpetrators of economic exploitation.

JURIDICAL ANALYSIS OF PARTICULAR TIME WORKING AGREEMENTS TO REALIZE THE PROTECTION OF WORKERS' RIGHTS AND WELFARE

Juridical Analysis of a Specific Time Work Agreement (PKWT) to Realize the Protection of Workers' Rights and Welfare (Research Study at the PT. Bersama Gemilang Property Batam Office), has been carried out as it should, in accordance with Law Number 11 of 2020 concerning Job Creation. There are factors related to the protection of the rights and welfare of contract workers. The qualifications/types of writing in this journal use normative legal writing, and then integrate it with sociological/empirical legal writing, and to analyze some of the problems in this journal, Lawrence M. Friedmen's big theory, Jeremy Bentham's middle theory, and application theory are used. / applied theory Mochtar Kusumaatmadja. The results of the analysis are still experiencing several obstacles both internally and externally. The obstacles faced have not been the implementation of rights and welfare, which have been prioritized and carried out but not yet perfectly. It is very necessary and improved in terms of supervision in terms of quality and quantity in order to suppress and not give space to violators who do not comply with contract workers. There is also a need for wider socialization in a timely manner regarding the implementation of the new law on the rights and welfare of contract workers.

Legal Writing, Design and Aesthetics in Legal Education: The Results of the Scientific and Practical Seminar (April 10, 2021)

The paper provides an overview of the scientific and practical seminar "Legal Writing, Design and Aesthetics in Legal Education" held on April 10, 2021 within the framework of the 8th Moscow Legal Forum at Kutafin Moscow State Law University (MSAL). The paper summarizes the speeches of the participants. The importance of legal design at the present stage of legal education development is emphasized. It is concluded that legal design helps to improve this form with regard to maximum respect and attention to the person, which is the essence of design thinking. Legal design is not about embellishing documents and is not intended to make the document catchy or unusual. Primary in relation to legal design is legal writing, the skills that all students must be taught. It is noted that at MSAL within the framework of a strategic academic unit specially created as part of the Department of Business and Corporate Law (MSAL) a soft skills training program is to be introduced starting from the 2021/2022 academic year. There, in the form of a master class practicing lawyers will teach students the skills of writing and negotiating, judicial rhetoric, and the basics of personal brand development.