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• Unfair Termination Review During Probationary Period: The Case of Iraq in Light of New Judiciary Trends

  75-89

  Omed A. Ismail

  Views:

  272

  Probation is a trial period to test a new employee for a particular position. It is commonplace for many employers to stipulate that the contract begins with probation based on a mutual agreement with the employee. During the probationary period, more flexible standards are given to review unfair termination. Notwithstanding, a degree of protection insofar as it safeguards employees from the risk of unfair termination shall be granted. Article 37 in the Iraqi Labour Code No. 37 of 2015 permits the employer to test the employee for a maximum of three months if the latter has no professional certificate. The same article empowers the employer to terminate the contract if the employee has failed in the suitability test without setting any standards for such a test. In reviewing cases arising on the basis of unfair termination claims, the judiciary in some developed countries has come up with basic standards of the suitability test. This paper, therefore, attempts to examine Article 37 in the Iraqi Labour Code in light of the new judiciary trends and finally suggests redrafting the mentioned article to be more compatible with the rights of contractual parties.

• Victim protection or real probation? Reversed burden of proof in employment discrimination cases in the Hungarian legal practice

  123-138

  Márton Leó Zaccaria

  Views:

  343

  This paper emphasizes one of the most important questions of equal treatment that is the reversed burden of proof and aspects of the special sharing of burden of proof. The hypothesis of the paper is the following: although the Hungarian regulation follows the relevant directives of the European Union properly, the legal practice does not focus on victim protection to the expected level. The legal practice of the Equal Treatment Authority and the Supreme Court (Curia) of Hungary are both analysed, therefore the different approaches can be confronted. The paper provides de lege ferenda proposals mainly in connection with the unification of the Hungarian judicial practice.

• Challenges and Future Developments of Criminalistics

  42-61

  Csaba Fenyvesi

  Views:

  169

  This study analysis the futuring theoretical and practical development possibilities of criminalistics – as universal factscience. It tries to sign the further tendencies of forensic sciences in the XXI. century as well. The author composes scientific fields where can be and need to real, intentional strengthening of recent criminalistical methods and writes about his future guessing, suggestions and challanges of criminalistics.