Labor Law. Judicial Review of Grievance Committee Decisions. Procedural Inadequacy in Grievance Procedure Justifies Judicial Review of the Reasonableness of Grievance Committee's Decision

1969 ◽  
Vol 55 (2) ◽  
pp. 368 ◽  
Keyword(s):  
Judicial Review ◽  
Labor Law ◽  
Grievance Procedure

scholarly journals Separatist Creditors vs Preferred Creditors Rights in the Bankruptcy Case Based on the Decision of Constitutional Court of 2013

FIAT JUSTISIA ◽  
2019 ◽  
Vol 13 (3) ◽  
pp. 231
Author(s):  
Rilda Murniati ◽  
Desma Cahya Selvya
Keyword(s):  
Judicial Review ◽  
Legal Status ◽  
Labor Law ◽  
Bankruptcy Law ◽  
Constitutional Court ◽  
The Right ◽  
Case Based

Workers are preferred creditors whose payment must take precedence in the bankruptcy of the company. Problems in practice occur in the company's assets as collateral for debt to separatist creditors so that workers' rights are ruled out. Therefore, workers submit applications for judicial review of the Bankruptcy Law and Labor Law. This study is normative research using primary legal materials, namely laws and case study decisions that are analysed qualitatively. The results of the study and discussion determined that the Bankruptcy Law and the Labor Law regulate the same as the legal status of workers as preferred creditors who are entitled to prioritize payment in the distribution of bankrupt assets strengthened by the results of a judicial review in Decision of the Constitutional Court Number 67/PUU-XI/2013 The right of workers to wages is prioritized and calculated from collateral objects which are the rights of separatist creditors. For this reason, curators with authority must share the right of separatist creditors and preferred creditors with the principle of balance and justice so that all the assets of a bankrupt company can pay off the debts of its creditors.

scholarly journals Prawnomiędzynarodowy standard sądowej kontroli w sprawach związanych z zabezpieczeniem społecznym a regulacje polskie

2019 ◽  
Vol 17 (1) ◽  
pp. 67-75
Author(s):  
Sebastian Gajewski
Keyword(s):  
Social Security ◽  
International Law ◽  
Judicial Review ◽  
Labor Law ◽  
Special Procedure ◽  
Basic Source ◽  
Security Questions

The Convention of ILO № 102 is the basic source of international-law rules in the area of social security. This convention concerns the standards of judicial review in matters regarding social security. It declares that whenever a claim is settled by a special tribunal established to deal with social security questions and on which the protected persons are represented, no right of appeal should be required. It means that matters regarding social security should be settled by tribunals that are organizationally, personally and procedurally separated from those dealing with other cases. In Poland, most of the matters regarding social security are settled by common courts, by their special departments, in a special procedure. Nevertheless, relevant departments can also deal with cases concerning labor law and they do not consist of persons who are not judges and represent protected persons. It means that the Polish regulations concerning the judicial review in matters regarding social security do not fulfill the standard established by the Convention № 102.

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