Summing of Worker’s Working Times with different Employers by an Employee - as an Infringement of Freedom of Parallel Employment and Illegal Processing of Personal Data

Authors

  • Ekaterine Kardava

DOI:

https://doi.org/10.60131/jlaw.2.2022.7019

Keywords:

Parallel Employment, Labour, Competition, EU, Directive, Labour Code of Georgia.

Abstract

In the modern labor market, parallel employment of a person in different businesses is an opportunity to mitigate the economic dependence on only one employer and manage own welfare life. In 2019, the EU Labor Directive 2019/1125 on Transparent and Predictable Working Conditions, legally strengthened the freedom of an employee to work with different employers in case of will. Restriction of this freedom is allowed only in reasonable and precisely defined cases.

The article explains the legal norm of the Labor Code of Georgia regulating parallel employment. Some wrong Georgian practices between competitors (employers) are criticized. In order to use the norm in a uniform and good sense, in order to understand the real purpose of parallel labor freedom, the models of European legal regulations, the provisions of 2019/1125 directive, and various laws/norms of Georgia are synchronized and analysed.

Author Biography

Ekaterine Kardava

Doctor of Law, Associated (Affiliated) Professor of the Caucasus University, Professor of the Gori State Teaching University, Visiting Lecturer at Ivane Javakhishvili Tbilisi State University Faculty of Law.

References

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Constitution of Georgia, 24/08/1995.

Organic Law of Georgia “Labour Code of Georgia”, 27/12/2010.

Georgian Law “On Personal Data Protection”, 16/01/2012.

Directive (EU) 2019/1152 Of the European Parliament and of the Council of 20 June 2019 on Transparent and Predictable Working Conditions in the European Union.

Commission Staff Working Document, Impact Assessment Accompanying the document Proposal for a Directive of the European Parliament and of the Council on Transparent and Predictable Working Conditions in the European Union, European Commission, 21.12.2017, 70, 204-205.

Employment Protection Act of Sweden, 2022.

Employment Contracts Act of Republic of Estonia, 2022.

Explanatory Memorandum for the Proposal for a Directive of the European Parliament and of the Council on Improving Working Conditions in Platform Work, European Commission, 2021.

Labour Code of Republic of Bulgaria, 1986.

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Kardava E., Interpretation of the Trial Labou in Georgian Case Law and EU Directive 2019/1125, Case Law Analysis, №1, 2021, 30 (in Georgian).

Kardava E., Georgian Labour Law Reform in terms of Requirements of European Integration and Association Agreement, Dissertation, Tbilisi State University, 2018 (in Georgian).

Kardava E., Legal Approximation - Guidline Principles, the Parliament of Georgia, association “European Time”, Fridriech Ebert Stiftung, 2017 (in Georgian).

http://www.ehea.info/page-how-does-the-bologna-process-work [14.11.2022].

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Published

2022-12-30

How to Cite

Kardava, E. (2022). Summing of Worker’s Working Times with different Employers by an Employee - as an Infringement of Freedom of Parallel Employment and Illegal Processing of Personal Data. Journal of Law, (2), 59–69 (Geo) 54. https://doi.org/10.60131/jlaw.2.2022.7019

Issue

Section

Articles