The Right to annual leave as a basic guarantee for safe and healthy conditions at work. Remarks based on Lithuanian and Polish legal regulations

Collection:
Mokslo publikacijos / Scientific publications
Document Type:
Straipsnis / Article
Language:
Anglų kalba / English
Title:
The Right to annual leave as a basic guarantee for safe and healthy conditions at work. Remarks based on Lithuanian and Polish legal regulations
Authors:
In the Journal:
Employee responsibilities and rights journal. 2021, 33, p. 143-169
Subject Category:
LT
Lenkija (Poland); Lietuva (Lithuania); Darbo teisė / Labor law; Tarptautinė teisė / International law; Teisėkūra. Teisės šaltiniai / Legislation. Sources of law; Teisės ir laisvės / Rights and freedoms.
Summary / Abstract:

LTReikšminiai žodžiai: Darbo sąlygos; Teisė į mokamas atostogas; Darbo teisės; Darbo standartai; Europos teisė; Teisinis reguliavimas; Teisės aktai; Lenkija (Lenkijos karalystė. Kingdom of Poland. Poland); Work conditions; Legal acts; Right to paid annual leave; Labour rights; Labour standarts; European law; Legal Regulation.

ENThe right to annual leave as originated from the need to protect human dignity is a fundamental right for people performing work and therefore requires strong and adequate protection at the national level. Notwithstanding the legal discourse on placing certain entitlements in the frame of rights or freedom, this right requires legal remedies that allow its full enjoyment by assigning responsibilities and duties to the parties to the employment relationship. This manuscript aims to evaluate the Lithuanian and Polish labour legislation through the prism of their constitutional and statutory law provisions, taking into account the supranational fundamental principles related to this subject, as well as a discussion related to the scope of labour law and the level of guarantees for employed people. Therefore, since the right to health and safety needs to be fully encompassing, the subjective or objective focus of protection (the ‘per worker’ or ‘per contract’ approach) concerning cases of concurrent contracts with one or more employer(s) will be part of the discussion. This analysed topic has become a part of the extended scientific discourse related to issues of the future world of work, determined by the dissemination of atypical and novel forms of employment and their consequences: e.g. lowered social protection and precarious employment. In relation to the above point, the need for protection of health and safety of the employed constitutes the focal point for all labour protective legislation and requires a focus on issues connected with the protection of the individual rights. [From the publication]

DOI:
10.1007/s10672-021-09363-5
ISSN:
0892-7545; 1573-3378
Subject:
Teisė / Law
Related Publications:
Permalink:
https://www.lituanistika.lt/content/93907
Updated:
2022-03-22 15:46:28
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