The new Labour Act, which has been in effect since the mid-summer of this year, has amended the institute of collective redundancies. The area of the collective surplus of workers is one of the areas of labor law, which is most frequently changed. The aim of the changes is the compliance with the Council Directive 98/59 / EC of 20 July 1998 on the compliance of the legal regulations of the Member States regarding collective redundancies. The point of novelty in the context of the considered institute is focused on the participation of the workers in the entire procedure of collective cancellations in all its phases and ensuring that the use of active employment measures, mitigate or prevent the consequences of termination of employment. Keywords: employee, employer, employment, contract on employment, dismissal, termination of employment, intended dismissals, redundancies, collective redundancies, competent employment service, new Labour Act.
The author of this article first identifies the specific risks of service users of travel agencies and the legal sources that govern the protection of passengers, and then analyzes the provisions of different legal sources on specific measures to protect the users of services provided by the travel agency. The analysis points out the legal flaws and ambiguities, and suggests possible solutions for them. Specifically, consumers in the tourism industry are exposed to specific risks arising from the characteristics of tourism and tourist markets. Users of the services of travel agencies are exposed to all the risks as other consumers in the tourism industr. If the services are provided by the tourist agency they are exposed to additional risks arising from the function of tourist agencieso on the tourism market. In order to protect users of services in tourism, lawmakers take in consideration the structure of travel agencies, their activities and contracts signed directly with passengers.
The German Ministry of Finance has published on its Internet web site a publication Besteuerung von Alterseinkünften (status 2014), which is intended for free use. The publication provides an overview of the taxation of various forms of retirement income and informs about the specific opportunities for deduction provided by the lawmaker. Its use for political purposes is explicitly prohibited. The author of the article provides the adapted translation of the above stated publication. It is a complex matter and translation, which are difficult to comprehend in view of the Croatian system of old-age care and the corresponding income taxation, due to the significantly different systems of old-age care.
In this article the author explains the types of fraud in tax, banking and general sense, as well as the facts which indicate that the fraud has been committed with clear signs pointing to investigation bodies to the required application of certain methods and techniques to effectively and swiftly prevent or punish the perpetrators. This primarily applies to the start-up of investigation, or the definition of fraud, planning the investigation, collecting evidence, conducting interviews with the suspects and eventually making criminal charges and preparing reports for the State Attorney’s Office, i.e. the proposal of the criminal charges. Keywords: fraud, financial fraud, signs of fraud, bank fraud, money laundering, white collar crime, investigation, skimming, fraud by capital investment, frauds through mediation, State Attorney.
This article presents settlement instrument applied in the European competition law, mostly used in the proceedings establishing prohibited cartel agreements. The cartel settlement procedure allows for faster conclusion of proceedings and the settling parties who admit their responsibility for the infringement have the possibility for additional reduction of fines. The aim of this paper is to introduce the development of the settlement instrument in the European competition law. The emphasis will be on the practice of the European Commission (EC) in the implementation of settlement procedure. The practice of the national competition authorities will also be presented with the exception of those countries which still do not use settlements in cartel cases, for example Croatia. The intention of this paper is also to draw attention to the advantages of settlement procedures but at the same time to warn about some deficiencies determined in the recent European practice. The Article ends with the conclusion that settlements in cartel cases are useful procedural instruments primarily in larger legal systems of competition law, such as the European competition law implemented by the EC.
The authors comment on the provisions of the Act on Civil Proceedings referring to the compensation for litigation costs in the case of withdrawing the complaint. They point to different interpretations of the provisions of Art. 158. , Par. 1 of the above stated Act in court practice in order to standardize the interpretation of these provisions and present the arguments for the solution of this issue.
In general, adverse contracts are bilaterally binding contractual agreements that are unfavorable to one party. Such contracts appear in sport, and are presented in more details in this article. The adverse contracts in the sport mostly refer to the contracts on additional activities or amateur contracts in sports, which provide an opportunity for the realization of short-term personal interests of athletes like earnings or obligations of employment. However, much more serious are long-term consequences against which the specific club secured itself in such a way that the career of the athlete has been determined not only during the duration of such a contract, but also after its expiration, stating some provisons such as:
This article describes the disciplinary responsibility, along with specifying the legal basis for the disciplinary responsibility of police officers, and showing competence and character of the decisions of the European Court for Human Rights. Through a review of the three decisioms made by the above stated Court, in which it was decided on the violation of the Convention rights of police officers who were tried in disciplinary action, the author points out, that police officers have the right to be brought before the Tribunal in disciplinary cases that police officers must have the opportunity to be acquainted with all the evidence and present their comments on it, that the disciplinary and criminal responsibility are two separate and independent legal responsibilities of police officers, and that the decision in the disciplinary proceedings may be based on the written testimony of a witness if the police officer is familiar with the content of that testimony and if he/she is able to present a comment on it.
Due to the frequent extensive amendments to the Act on Court Fees and the adoption of other acts that regulated the court fees as well as the significantly different arrangement of court fees in administrative claims from court fees in other court proceedings, the author of this article provides a detailed overview of the current legal regulation court fees in administrative proceedings.
The right to the compensation for disability is one of eleven rights from the social care system determined by the Chapter V the Social Care Act under the title: Rights from the System of Social Care. The aim of this article is, therefore, to legally present the legal beneficiaries of this right from the system of social care, the negative legal requirements for obtaining such a right, the amounts of the monthly payments received by individual holders of this right. The introduction stresses the fact that the social right is determined by only three articles of the Act, including the procedure of exercising such a right.