http://hdl.handle.net/11320/1617 Sat, 19 Sep 2026 21:37:22 GMT 2026-09-19T21:37:22Z http://hdl.handle.net/11320/21031 Tytuł: Post-Employment Non-Competition: The Content of Agreements and the Interpretation of Fairness in the Practice of Latvian Courts Autorzy: Karklins, Janis; Karklina, Annija Abstrakt: This article analyses restrictions on competition after the termination of employment in Latvia, focusing on both the regulatory framework and case law. It examines the purpose of restrictions on competition and the conditions for their validity and includes an in-depth analysis of the concept of fair compensation in modern labour law. For comparative context, the regulations of other European countries on these issues are also outlined. Due to the limited scope of the publication, issues such as the possibility of unilateral withdrawal from a non-competition agreement and legal remedies in cases where one of the parties fails to comply with the terms of an agreement are not addressed. Thu, 01 Jan 2026 00:00:00 GMT http://hdl.handle.net/11320/21031 2026-01-01T00:00:00Z http://hdl.handle.net/11320/21030 Tytuł: The Pan-European Lifeline of a Labour Non-Compete Clause. Protecting Competition in Labour Markets through a Human Rights Narrative: The Example of Serbia Autorzy: Simonovic, Mitar; Grdinic, Filip Abstrakt: This article sets out to present the constituent elements of a labour law-specific non-compete clause through the example of legislative solutions from several EU jurisdictions and by considering the popularity of an extreme pole of thought that has emerged as a result of tendencies to restrict the enforceability of labour non-competes. The authors focus on the EU concept of the non-compete clause, providing an overview of legislative solutions in EU Member States, and by drawing on insights from competition law, they suggest that through the implementation of the requirement of the employer’s legitimate interest, competition in the labour market is indirectly protected through a human rights narrative and framework. The authors present examples from case law, illustrating solutions that apply strict EU conditions and that also employ a proportionality-based analysis. They argue for preserving the enforcement of non-compete clauses under EU-style conditions, which include a rights-based proportionality assessment; a good model solution for a non-compete clause must be based on the principle of legal certainty (attained by explicit normative codification of clearly defined constituent elements), applied in a manner that includes a proportionality-based analysis, on a case-by-case basis. The paper also provides insight into Serbian jurisprudence and regulation on this subject, and formulates suggestions for alignment with current tendencies. Thu, 01 Jan 2026 00:00:00 GMT http://hdl.handle.net/11320/21030 2026-01-01T00:00:00Z http://hdl.handle.net/11320/21026 Tytuł: Artificial Intelligence in Labour Relations: Is Ukrainian Labour Law Ready for European Standards? Autorzy: Lutsenko, Olena Ye.; Sereda, Olena H.; Zhelef, Georgii; Stepanenko, Nataliia; Tymoshenko, Maxim O. Abstrakt: This article aims to carry out a comparative analysis of the regulation of AI use in labour relations in Ukraine and the EU, with a view to identifying common trends and differences and formulating recommendations for enhancing Ukrainian legislation in the context of digitalization. The study uses methods of comparative analysis and formal legal and functional approaches. It analyses the main aspects of AI application in labour relations, in particular in recruitment, personnel management, management decision-making, and the protection of employees’ personal data. The authors examine the main international and EU regulations (GDPR and AI Act) that set requirements for processing the personal information of employees using AI. Thus it is determined that Ukraine does not have a specialized legal framework for regulating such processes, while the EU is developing relevant standards which guarantee the transparency of algorithms, the protection of employees’ rights, and the ethical use of digital technologies. Consequently, the authors suggest a conceptual model of the regulation of AI application in the labour sphere, which covers the basic principles, stages of interaction, risk classification, subject–object relations, and institutional control mechanisms. The presented model may serve as a basis for developing a Ukrainian law on AI use in labour relations. Thu, 01 Jan 2026 00:00:00 GMT http://hdl.handle.net/11320/21026 2026-01-01T00:00:00Z http://hdl.handle.net/11320/21022 Tytuł: The Renaissance of the Right to Strike in the United States Inside and Outside of Traditional Labour Law Autorzy: Szymanski, Charles Abstrakt: The epithets on the grave of the American labour movement have long been written. Yet hope springs eternal. Recent developments, such as the Covid pandemic and the role of artificial intelligence in disrupting traditional work models, have prompted suggestions that labour unions may yet become reinvigorated and have a role in safeguarding worker rights in the face of these changes. This article examines these prospects, particularly through the lens of the strike and other forms of collective action. While traditional union activity – notwithstanding raised hopes – remains hamstrung by regressive US labour law and low prospects for legislative change, collective action in the wider sense does have potential to boost worker rights. Such action includes both lawful and unlawful strikes and protests in key sectors, by union and non-union employees, and even non-employees, such as independent contractors. The subject of these actions may even go beyond traditional employment concerns and include human rights. Potential obstacles under traditional labour law and antitrust law are not insurmountable. Thu, 01 Jan 2026 00:00:00 GMT http://hdl.handle.net/11320/21022 2026-01-01T00:00:00Z