Okvir determiniranja prava na rad za vrijeme epidemije

Učur, Marinko Đ.

doi:10.30925/zpfsr.42.2.8

Cited by 3 publications

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“…Actions that will not constitute the abolition and suspension of workers' rights, but their "restriction to the necessary extent". 139 But is the termination of the employment contract in the aforementioned cases a justified and proportionate measure? We are of the opinion that it is because mandatory vaccination of employees in no economic sector has been introduced in Croatia, and the obligation to present an EU digital COVID certificate proving vaccination, recovery, or testing at specified intervals cannot be considered irrational or disproportionate.…”

Section: Labour Law Implications Of (Compulsory) Vaccination Of Healt...mentioning

confidence: 99%

Arguments for and Against the Introduction of Compulsory Vaccination for Health Care Workers

Tucak

Vinković

2022

iele

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The refusal of vaccination by health professionals, as a scientifically proven method of protection against disease, in a time of COVID 19 is deeply worrying because they are the ones who should explain to patients the characteristics of the vaccine and its benefits. The WHO believes that the introduction of compulsory vaccination can be counterproductive and that other non-coercive measures should be employed beforehand to achieve high vaccination coverage. States should therefore strike an appropriate balance between the autonomy and the right to self-determination of health professionals and the principle that their actions must not harm patients (the principle of non-maleficence) or must contribute to patient well-being (the principle of beneficence). This paper aims to analyze the response of the Republic of Croatia to this exceptional public health crisis. The paper is divided into two main parts. The first part of the paper explores the doctrinal, legal, and social issues surrounding the model of voluntary vaccination and the model of compulsory vaccination concerning health professionals. Special emphasis is placed on reasons for vaccine refusal among healthcare professionals. The second part of the paper deals with the issues of (compulsory) vaccination of health professionals through the labor law perspective in the Republic of Croatia, but also the practices of EU Member States that have * This paper is a product of work that has been fully supported by the Faculty of Law Josip Juraj Strossmayer University of Osijek under the projects no. IP-PRAVOS-23 "Contemporary Issues and Problems to the Protection and Promotion of Human Rights", and no. IP-PRA-VOS-3" Labour law facing the challenges of the 21st century; transformation, humanization, discrimination, and equality".

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Section: Labour Law Implications Of (Compulsory) Vaccination Of Healt...mentioning

confidence: 99%

Arguments for and Against the Introduction of Compulsory Vaccination for Health Care Workers

Tucak

Vinković

2022

iele

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“…Navodi kako se u tom slučaju uskraćuju prava na rad i zaradu, ali i na pristup sudu, a da nije određen rok na koje vrijeme se mjera najdulje određuje. 11…”

Section: Zahtjevi Predlagateljaunclassified

Ruling of the Constitutional court: pandemic, legitimacy and human rights

Vilic¹

2022

Eudaimonia

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The issue of human rights as a topical issue is becoming more pronounced today than in previous decades. The reason for this is the new situation that has embraced the whole world and our country. It is a global epidemic or as it is also called – a pandemic caused by the SARS-CoV-2 virus. Regarding the new situation, accompanied by the spread of the virus, the problem came to our Constitutional Court in September 2020 in the form of a request to initiate proceedings to assess the compliance of certain laws and their provisions with the Constitution of the Republic of Croatia. The following text will present the arguments of the proponents and their requests explained to the Court, analyzed provisions of the law to which they referred in their presentation and will be given an overview of what the Constitutional Court said about everything, what kind of verdict it pronounced case – what decision was made.

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Medical professionals' rights at work during the state of emergency

Reljanović¹,

Misailović²

2022

Zb Pravnog fak Niš

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During the state of emergency declared in the Republic of Serbia in early 2020 due to the Coronavirus (COVID-19) pandemic, medical professionals in the Republic of Serbia were subject to a special regime of work. In performing their professional duties, they were subject to specific restrictions in accordance with the Decision on the State of Emergency, the Defence Act, the Act on Military, Labour and Material Obligations, and the decisions of the RS Government and the Ministry of Health. Their employment position was subject to complex regulations and the organization of their professional duties was highly specific as well. The authors' research includes the normative analysis of their employment status during the state of emergency, with specific reference to some labour-related issues: working hours, work schedule, change of workplace, and the mandatory duty regime based on regulations that did not adequately respond to the current situation caused by the COVID-19 pandemic. The paper points to a more flexible approach to work in the state of emergency, the good and bad characteristics of the current legal framework, and the good and bad practices observed in this regard. Special attention is given to the illegal prolongation of the duration of emergency measures even after the termination of the state of emergency. The author gives recommendations for better regulation of these issues and for strengthening the mechanisms of protection of labour rights of medical professionals in specific (extraordinary) circumstances caused by medical reasons.

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Okvir determiniranja prava na rad za vrijeme epidemije

Cited by 3 publications

References 0 publications

Arguments for and Against the Introduction of Compulsory Vaccination for Health Care Workers

Arguments for and Against the Introduction of Compulsory Vaccination for Health Care Workers

Ruling of the Constitutional court: pandemic, legitimacy and human rights

Medical professionals' rights at work during the state of emergency

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