Academic literature on the topic 'Alteration of labour contract conditions'
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Journal articles on the topic "Alteration of labour contract conditions"
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Бочарников, Дмитрий, and Dmitriy Bocharnikov. "Specifics of Scientific Activity as a Ground of Differentiation of Legal Regulation of Labor Relations of Scientific Workers." Journal of Russian Law 2, no. 2 (January 20, 2014): 101–9. http://dx.doi.org/10.12737/2244.
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The article is dedicated to the detection of the specific features of scientific work which determine the specificity of the legal regulation of the labour relations of scientists and scholars. The author provides a general characteristic of the legal status of the researcher and analyses the exceptions from general rules stipulated by Russian legislation as well as the additional rules for the conclusion, alteration and termination of the labour contract with the said category of workers, their qualifications, working conditions and salaries.
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Christman, John. "Analyzing Freedom from the Shadows of Slavery." Journal of Global Slavery 2, no. 1-2 (2017): 162–84. http://dx.doi.org/10.1163/2405836x-00201010.
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Philosophical treatments of core value concepts often abstract from the troubled history and fractured present of the societies to which those concepts are meant to apply. In the case of the political tradition of liberal democratic thought, stretching from the social contract theories of the seventeenth and eighteenth centuries up through contemporary writers, the notion of individual freedom or liberty is central. However, often that idea, and the assumption of its foundational value for persons, is specified from the perspective of those who enjoy it rather than those struggling to attain it. Moreover, the social spaces that theories of justice that locate freedom as a central value have continue to bracket out of existence the patterns of enslavement, oppression and domination that mark all social spaces. This article attempts a reappraisal of certain dominant understandings of the idea of freedom in both historical and contemporary philosophical discourse in light of this alteration of perspective. Specifically, the current practices of coercive labor, trafficking, irregular labor migration, and other forms of “marginal” social lives are brought into focus in order to guide this reappraisal. The article argues that if we assess these conditions as modes of unfreedom then we must utilize an account of freedom that diverges significantly from those dominant notions. A sketch of this alternative, positive, conception of freedom is then offered.
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Besedina, Olga. "Challenging Conditions of Labour Contract in Bankruptcy." Law. Journal of the Higher School of Economics, no. 1 (March 10, 2016): 72–80. http://dx.doi.org/10.17323/2072-8166.2016.1.72.80.
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Goodall, Heather. "Contract gangs: race, gender and vulnerability." Cosmopolitan Civil Societies: An Interdisciplinary Journal 7, no. 3 (December 1, 2015): 23–36. http://dx.doi.org/10.5130/ccs.v7i3.4509.
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While violence directed at Indian students in Australian cities has been highlighted in the Indian and Australian press, far less attention has been paid to the violence directed at Indians in rural areas. This has most often involved Indians employed in contract labour in seasonal industries like fruit or vegetable picking. This article reviews various media accounts, both urban and rural, of violence directed at Indians from 2009 to 2012. It draws attention to the far longer history of labour exploitation which has taken place in rural and urban Australia in contract labour conditions and the particular invisibility of rural settings for such violence. Racial minorities, like Aboriginal and Chinese workers, and women in agriculture and domestic work, have seldom had adequate power to respond industrially or politically. This means that in the past, these groups been particularly vulnerable to such structural exploitation. The paper concludes by calling for greater attention not only to the particular vulnerability of Indians in rural settings but to the wider presence of racialised and gendered exploitation enabled by contract labour structures.
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Bäckman, Maria. "The Contract-labour Photographs of Gunnar Lundh. A Media History Study of a Photo Archive in Motion." Culture Unbound 12, no. 1 (May 31, 2020): 36–64. http://dx.doi.org/10.3384/cu.2000.1525.2020v12a04.
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The focus of this article is the work of photographer Gunnar Lundh, specifically the works collectively known as the statare photographs, images of rural contract labourers (or statare) that form part of a collection donated to the Nordic Museum in 1961. An overview of how these photographs have circulated in the Swedish public sphere indicates that three areas are particularly suitable for a targeted study of their use and reuse: i) social reportage, aimed at the miserable conditions facing these agricultural labourers in the emerging welfare state; ii) a biographical theme, in which the contract-labour photographs are part of a historical layer that repeatedly connects the author and opinion former Ivar Lo-Johansson with the ‘contract-labour photographer’ Lundh; and iii) how the older images remain a relevant element of a contemporary material cultural-heritage creation. In all of these examples, Lundh’s contract-labour photographs function as visual models through which it becomes possible to represent the contract labourers’ historical reality in books, buildings and interiors. However, they also constitute important components in the creation and perpetuation of what this article highlights as a distinctive set of intra-referential memory.
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Остапенко, Ю. О. "EXPANSION OF REGULATORY POSSIBILITIES FOR THE IMPLEMENTATION OF LABOR RIGHTS BY HOMELANDS." Juridical science, no. 3(105) (March 30, 2020): 482–87. http://dx.doi.org/10.32844/2222-5374-2020-105-3.59.
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The article focuses on determining the prospects of expanding regulatory opportunities for homeworkers’ labour rights implementation in Ukraine. While analyzing critically the current labour legislation and drafts of laws on labour, we can conclude that most of norms, which regulate home-based work, are of the declarative character as they do not contain any mechanism of implementing standards and rules established by this act. The author proposes to supplement the current Labour Code of Ukraine by the specific Chapter “Atypical Employment”, which would include the Article “House-based Work and Homeworkers”. In this article it is advisable: to formulate a definition of the “house-based work” concept; to reinforce the warning about extending the labor rights of typical employees to homeworkers; to determine the role of an employment contract on home work in the emergence of labor relations with a homeworker; to outline the essential terms of an employment contract for house-based work; to determine what conditions of an employment contract for for house-based work may be additional; to resolve the issue of organizing the work process of the homeworker and checking the conformity of the living conditions of citizens who have expressed a desire to work at home; to settle the issues of use and depreciation of tools and means of the homeworker’s labor. Conclusions generalize the results of the research.
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Florczak, Izabela. "Umowa o pomocy przy zbiorach — nowa podstawa prawna zatrudnienia." Przegląd Prawa i Administracji 117 (December 20, 2019): 21–28. http://dx.doi.org/10.19195/0137-1134.117.2.
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THE HARVEST HELP CONTRACT — A NEW LEGAL BASIS OF EMPLOYMENTThe labour market policy that has been developed in previous years seems to promote employment based on the labour law relationship over civil law employment. The exact opposite direction is set out by the introduction of the harvest help contract. The rationality of its introduction into the legal system is explained by economic reasons — the need to help farmers with jobs which are characterized by increased seasonal intensity. Therefore, it is important to discuss the scope of its application both in terms of subject and object matter and the conditions under which farmers’ helpers should provide their work. Their differentiation of the working conditions in comparison to other employed persons should be rationally justified by axiological reasons.
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Glotova, Irina A. "EVALUATION OF THE STABILITY’S FACTORS OF LABOR RELATIONS IN THE CONDITIONS OF THE DIGITAL ECONOMY AT THE CONTEXT OF FIXED-TERM EMPLOYMENT CONTRACTS IN RUSSIA AND ABROAD." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 39 (2021): 149–58. http://dx.doi.org/10.17223/22253513/39/12.
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Temporary employment is defined in the scientific literature as atypical for the sphere of wage labour and even as an element of precarious employment. Today, fixed-term labour contracts are seen as a mechanism for labour market actors to respond to any shocks in the economy, a way of flexibly regulating the number of employees and reducing "dead" costs for employers. Russian labour law prohibits the conclusion of fixed-term employment contracts for the purpose of avoiding the rights and guarantees provided for workers with whom an indefinite-term employment contract is concluded. But extensive court practice in challenging dismissal due to the expiry of the term of the employment contract shows that a significant proportion of employers conclude fixed-term employment contracts in violation of the requirements of the Labour Code of the Russian Federation, in order to avoid providing labour rights and guarantees to employees. These vio-lations mainly include repeated conclusion of fixed-term contracts for a short period to per-form the same work function, "imposition" of a condition on the fixed-term nature of the con-tract in the absence of the employee's will, in situations where the law requires an agreement of the parties to the employment contract for the conclusion of a fixed-term contract. In the modern economic environment, a form of short-term employment called casual work has developed, which is most often recognised in the literature as informal, precarious employment. Despite this, casual work has become widespread in developed countries, and particularly in jobs related to the on-demand economy, with the use of digital platforms. The negative aspect of the wide use of fixed-term employment contracts in the EU is reflected in the persistent entrenchment of temporary workers in the labour market, whose growth can be restrained only with the assistance of the state. Thus, the analysis of the practice of flexible forms of employment in foreign countries shows that short-term contracts are now widely integrated into the global labour market, which is confirmed by the statistical data on the growth of fixed-term contracts in most coun-tries. This process can hardly be stopped, but, based on the experience of EU countries, it seems possible at least to find a way to adapt to this situation by balancing the rights and interests of workers, employers and the state in such relations and preventing the transfor-mation of fixed-term employment relations into precarious ones.
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Shrimali, Ritika. "Accumulation by Dispossession or Accumulation without Dispossession: The Case of Contract Farming in India." Human Geography 9, no. 3 (November 2016): 77–88. http://dx.doi.org/10.1177/194277861600900306.
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According to David Harvey, Accumulation by Dispossession (ABD) has become the dominant form of accumulation under the mantra of neoliberalism backed by the State policies, whether in developed or in developing economies. Using empirical evidence on contract farming in India, I argue that capitalist accumulation can indeed occur without dispossession. I show how a class of petty capitalist farmers (petty, in comparison to corporate capital) is encouraged to maintain its private property (land) and to enter into commercial contracts with big industrial (multinational) companies to deliver certain farm products at a pre-determined price. These companies have no intention to dispossess the farmers, and they do not have to. As a structure of multiple class actors (big business; capitalist farmers; rural labour), contract farming is a process that represents centralisation (and concentration) of capital and points to the ways in which agrarian and industrial capitals are intertwined. Contract farming as a form of accumulation is based on appalling working conditions of labour, including vulnerable women workers and migrants, on contract farms, and it exhibits much geographical variation in its occurrence.
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Botes, Anri. "The History of Labour Hire in Namibia: A Lesson for South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (April 26, 2017): 505. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2320.
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Labour hire, the practice of hiring out employees to clients by a labour broker, has been a part of Namibia’s history since the early 1900s in the form of the contract labour system. This form of employment was characterized by inhumanity and unfair labour practices. These employees were subjected to harsh working conditions, inhumane living conditions and influx control. The contract labour system continued until 1977, when it was abolished by the General Law Amendment Proclamation of 1977. It was during the 1990s that the hiring out of employees returned in the form of labour hire. It continued in this form without being regulated until it was banned in the Namibian Labour Act of 2007. In 2009 Africa Personnel Services, Namibia’s largest labour broker, brought a case before the court against the Namibian Government in an attempt to have the ban nullified on grounds of unconstitutionality. It argued that the ban infringed on its right to carry on any trade or business of its choice as contained in section 21(1)(j) of the Constitution of the Republic of Namibia. APS triumphed. It was not until April 2012 that new legislation was promulgated in order to officially lift the ban and to regulate labour hire in its current form. This new legislation came into force in August 2012. Various very important provisions are contained in the Labour Amendment Act 2 of 2012 concerning labour brokers. Part IV of the Employment Services Act 8 of 2011, containing provisions for the regulation of labour brokers as juristic persons per se, was also introduced and came into force in September 2012. The aim of this note is to serve as a lesson to the South African government as to what could happen if labour brokers continue without legislation properly addressing the pitfalls associated with labour brokers. Also, it could serve as an example as to how the employees of a labour broker should be protected. In this regard the history of labour hire and the current strides in Namibia cannot be ignored.
Dissertations / Theses on the topic "Alteration of labour contract conditions"
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Tykha, A. P. "Legal Regulation of Amendment of Labour Contract. –." Thesis, Київський національний університет імені Тараса Шевченка, 2017. http://openarchive.nure.ua/handle/document/7670.
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The thesis enabled the resolving of the scientific problem regarding the necessity of the existing theoretical doctrine on the labour contract alterations deepen and adjustment according to the modern needs in consideration of latest changes in the economic and social life of the Ukrainian state. The specifics of labour contract alteration legal regulation under the current and draft labour laws of Ukraine are disclosed. The whole set of problems of labour contract alterations legal regulation is singled out and a number of actual proposals concerning sophistication of the current labour legislation in the appropriate part are formulated. The thesis consists of introduction, 3 sections, divided on 9 sub-sections, conclusions and references. Дисертаційне дослідження дало змогу вирішити наукову проблему, яка полягала у необхідності поглиблення та уточнення існуючого теоретичного вчення про зміни трудового договору відповідно до сучасних потреб з урахуванням останніх змін в економічному та суспільному житті української держави. Розкрито специфіку правового регулювання змін трудового договору за діючим та проектним законодавством України про працю. Виокремлено сукупність проблем правового регулювання змін трудового договору та сформульовано низку актуальних пропозицій щодо вдосконалення чинного законодавства про працю у відповідній частині. Дисертація складається із вступу, трьох розділів, які включають дев’ять підрозділів, висновків, списку використаних джерел.
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Rahman, Noorashikin Abdul. "Negotiating power: a case study of Indonesian foreign domestic workers (FDWs) in Singapore." Curtin University of Technology, Department of Social Sciences, 2003. http://espace.library.curtin.edu.au:80/R/?func=dbin-jump-full&object_id=14135.
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This thesis examines the complex power structures that underscore the migration and employment of Indonesian women as foreign domestic workers (FDWs) in Singapore. The main objective is to highlight the power of individual Indonesian FDWs and the collective power of these women in negotiating these structures of power in the context of a migration study as well as a `resistance' study. I argue that Indonesian FDWs are active agents who exercise individual agency and collective `resistance' in the migration system. As labour migrants they exert power in shaping the nature of the migrant institution. One of the means in which they do so is by perpetuating the informal networks of migration. Individual Indonesian FDWs are also capable of exerting power in circumventing elements of exploitation and domination they encounter during their migration process and employment in Singapore. Crucial to this capability is the ability to have access to a network of agents within the migrant institution. Some Indonesian FDWs are also active in exerting power as a group to present a collective resistance against negative stereotyping of their identities as the immigrant other in Singapore. They do so via a formal religious based social group. This group encourages other Indonesian FDWs to portray the image of the disciplined worker couched within the moralising discourse of Islam by participating in productive activities on rest days. The aim of this is so that Indonesian FDWs can be treated with respect and dignity in Singapore. In general, my data show that Indonesian FDWs as active agents of the migration system do not attempt to challenge the overall structures that underscore their subordination and domination as overseas contract workers (OCWs) in Singapore.The power exerted by individual Indonesian FDWs is focused at ensuring their continued employment as FDWs under more desirable employment conditions. Their individual agency aimed at improving their work conditions is at a personal level and is based on personal goals that are thus too fragmented to challenge the institutionalised structures of employment. Moreover, my case studies reveal that some Indonesian FDWs endure more restrictive work conditions in order to achieve desirable aspects of working in Singapore. Their collective `resistance' against condescending treatment by the host society project an image of the disciplined FDWs desired by employers, maid agents and Singaporeans. Their subjective ambivalence and the ambivalence in their individual and collective acts of `resistance' in challenging aspects of subordination and domination show the complexity of the power relationships in which they are caught. I draw upon two bodies of theory to provide a framework for my analysis and argument. First, I draw upon the `migrant institution' framework espoused by Goss and Lindquist (1995) that is based on Giddens' structuration theory to illustrate the power exerted by individual Indonesian FDWs within the field of migration studies. I also draw upon Foucault's notion of power as a framework to examine collective ,resistance' displayed by Indonesian FDWs in Singapore. The data presented in the thesis are drawn from two sources, ethnographic fieldwork conducted in Singapore as well as relevant newspaper and other media accounts.
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Lee, Eunjoo. "La modification de la relation de travail : étude comparative des droits coréen et français." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100027.
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Le contrat de travail est continu sur une longue période. Des conditions de travail du salarié peuvent être modifiées ou ajustées à tout moment pendant la durée d’une relation de travail en fonction de raisons diverses. La modification des conditions de travail, ou plus généralement encore, la modification de la relation de travail influence directement la vie privée et professionnelle du salarié et touche par conséquent en profondeur le salarié et l’employeur. La possibilité qu’un salarié puisse négocier son contrat de travail avec son employeur au moment de la conclusion du contrat, est en pratique faible. Il est donc nécessaire que le régime de la modification du contrat de travail garantisse que les conditions de travail convenues au moment de la conclusion du contrat de travail ne peuvent pas être modifiées unilatéralement par l’employeur indépendamment de l’avis du salarié. Les systèmes juridiques coréen et français reposent sur la force obligatoire du contrat de travail. Il est donc évident que le consentement du salarié est nécessaire pour modifier les conditions de travail du contrat de travail. Le régime de la modification de la relation de travail dépend de la limitation du pouvoir de l’employeur. En France, depuis 1996, a été introduit un système jurisprudentiel distinguant changement des conditions de travail et modification du contrat de travail. Avec l’évolution de la jurisprudence, le régime de la modification du contrat de travail se concentre sur le contrat de travail, il attache de la valeur à l’opinion du salarié en considérant le salarié comme une partie au contrat. En revanche, en Corée, la jurisprudence a mis l’accent sur l’interprétation de l’exercice du pouvoir de l’employeur en fonction de l’existence d’un motif raisonnable. Par ailleurs, à la différence de la France où le règlement intérieur a un domaine limité le règlement intérieur coréen joue un rôle similaire à celui d’un contrat de travail en pratique. À cet égard, si la modification du règlement intérieur est défavorable au salarié, le consentement du groupe de salariés doit être obtenu. Même si le consentement est exigé et même si le salarié a un droit de refus, le salarié qui refuse est toujours exposé au licenciement. Le concept de consentement du salarié est souvent trop fragile pour que l’on puisse se contenter de son existence et considérer qu’il s’agit d’une protection suffisante. Ainsi, il est nécessaire de rechercher la véritable volonté du salarié plutôt que de constater son consentement formel. La modification de la relation de travail ne doit pas être axée sur l’exercice de pouvoir de l’employeur, mais doit être interprété concrètement dans le contexte de l’évolution de l’environnement du travail et de la vie professionnelle du salariéThe labour contract is continuous over a long period of time. The worker's working conditions could be modified or adjusted at any time during the duration of a labour relationship with various reasons. Changes in working conditions, or more generally, changes in the labour relationship directly affect the worker's private and professional life and therefore it has a profound impact on both the worker and the employer. The possibility that a worker could negotiate his labour contract with his employer at the time the contract is hard in practice. It is therefore necessary that the regime for amending the labour contract ensures that the working conditions agreed at the time of conclusion of the labour contract cannot be unilaterally modified by the employer regardless of the worker's opinion. The Korean and French legal systems are based on the binding power of a contract. It is therefore obvious that the worker's consent is required to modify the working conditions of the labour contract. The regime for modifying the labour relationship depends on limiting the employer's authority. In France, since 1996, a jurisprudential system has been introduced distinguishing between change of the working conditions and modify of the labour contract. With the evolution of precedent, the regime of modification of the labour contract focuses on the labour contract, it attaches value to the worker's opinion by considering the worker as a party to the contract. Whereas, in Korea, the precedent has focused on interpreting the exercise of employer authority on the basis of “reasonable cause”. Moreover, unlike France, where the regulation of employment has a limited scope, the Korean regulation of employment plays a similar role to that of a labour contract in practice. In this respect, if the amendment of the regulation of employment change unfavorable to the worker, the consent of the group of workers is required.Even if the consent of worker is demanded and even if the worker has a right of refusal about the suggestion of employer, the worker who refuses is still exposed to dismissal. The concept of the consent of worker is often too fragile to be satisfied with its existence. Also, it is difficult to assume that workers' consent is fully protected. Therefore, it is necessary to find method for reflect the worker's real intention. The change in the labour relationship must not be focused on the employer's exercise of authority, but must be interpreted concretely in the context of the changing work environment and the worker's professional life
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Marais, Christel. "Labour legislation in Emfuleni's domestic worker sector: awareness and compliance." Thesis, 2007. http://hdl.handle.net/10352/126.
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Thesis (M. Tech. (Labour Relations Management)--Vaal University of TechnologySectoral Determination 7: Domestic Worker Sector was proclaimed by the Minister of Labour, Membathisi Mdladlana, and has stipulated the minimum employment conditions for the domestic worker sector since 1 September 2002. The purpose of this study evolved from the problem statement which clearly indicated the need for the assessment of awareness and compliance within the domestic worker sector. A detailed literature review enabled the researcher's orientation to the historical context of the sector as well as the need for transformation. Ultimately, the Determination's stipulations guided the assessment of both awareness (knowledge) and compliance (actions that correspond with legislative obligations) during an empirical review. A survey design was used to obtain responses from both domestic workers and employers of domestic workers, who were not necessarily in a direct employment relationship, within the Emfuleni Local Municipal District. Collected data was statistically captured and analysed. Desc1iptive statistics indicated that both employers and domestic workers have limited awareness with regard to the stipulations of Sectoral Determination 7. Results further indicated the difficulty in making a general pronouncement regarding compliance levels. It is suggested that compliance should be considered per individual stipulation of the Determination. The study concludes with the researcher's recommendation that more must be done to raise awareness within the sector amongst both employers of domestic workers and domestic workers. It was also recommended that more labour inspectors be made available not only to ensure the enforcement of Sectoral Dete1mination 7 (compliance) but also to facilitate the creation of continuous awareness.
Books on the topic "Alteration of labour contract conditions"
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Contract labour in India: Problems and prospects. Jaipur: Prateeksha Publications, 2011.
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Land, labour and entrustment: West African female farmers and the politics of difference. Boston: Brill, 2010.
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Bureau, India Labour, ed. Report on the working conditions of contract labour in iron and steel industry, 1999. Chandigarh: Labour Bureau, Ministry of Labour, Govt. of India, 2002.
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John, Spoehr, ed. Beyond the contract state: Ideas for social and economic renewal in South Australia. Kent Town, S. Aust: Wakefield Press, 1999.
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Bureau, India Labour, ed. Report on the working conditions of contract labour in cement manufacturing industry, cement related mines, Food Corporation of India and National Thermal Power Corporation, 2000-2001. Chandigarh: Labour Bureau, Ministry of Labour, Govt. of India, 2001.
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Wessex database for civil engineering: Estimate pricing, plant outputs, labour constants, plant rates, cost indices, daywork schedules, contract conditions, professional fees, technical information : in accordance with CESMM 2. [Beaminster]: Wessex (Electronic) Publishing, 1986.
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Cabrelli, David. 7. The Variation, Suspension, and Future of the Personal Employment Contract. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198813149.003.0007.
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This chapter first examines the common law rules regulating the variation of the terms of the contract of employment. It focuses on the situation where the employer seeks to unilaterally modify the terms of the employment contract, for instance in light of modern pressures on management to demand greater labour flexibility in order to adapt to changing market conditions. The chapter then moves on to address the ability of the employer to suspend the contract of employment, for instance where the employer suffers a downturn in demand for its products or services, or where an employee may be subject to disciplinary proceedings. Finally, it considers the future trajectory of the common law content of the personal contract of employment.
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Wessels, Bob, and Stephan Madaus, eds. Rescue of Business in Europe. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198826521.001.0001.
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This edited volume is based on the European Law Institute’s (ELI) project ‘Rescue of Business in Insolvency Law’. The project ran from 2013 to 2017 under the auspices of the ELI and was conducted by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan Boon. The study sought to design (elements of) a legal framework that will enable the further development of coherent and functional rules for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions where a business becomes financially distressed. Such a framework also includes rules to determine in which procedures and under which conditions an enforceable solution can be imposed upon creditors and other stakeholders despite their lack of consent. The project had a broad scope, and extended to consider frameworks that can be used by (non-financial) businesses out of court, and in a pre-insolvency context. Part I of this book, the ELI Instrument as approved by the ELI Council and General Assembly, features 115 recommendations on a wide variety of themes affected by the rescue of financially distressed businesses, such as the legal rules for professions and courts, treatment and ranking of creditors’ claims, contract, corporate and labour law as well as laws relating to transaction avoidance. Part II consists of national reports that sketch the legal landscape in 13 States and of an ‘Inventory Report on International Recommendations from Standard-Setting Organisations’, both of which provided insight for the drafting of the Instrument. This volume is designed to assist those involved in a process of law reform and those setting standards for soft law in the business rescue context.
Book chapters on the topic "Alteration of labour contract conditions"
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Tabuns, Aivars. "Latvian Migrants in Foreign Labour Markets: Job Placement and Discrimination." In IMISCOE Research Series, 97–115. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-12092-4_5.
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Abstract The majority of migrants from Latvia move abroad intending to work, and so fall into the category of ‘work migrants’. A crucial role in their job placement is played by an increasingly complex network of intermediaries. This includes formal employment agencies, more informal, social network-based mediators and even illegal service providers. Despite the agencies providing job placements abroad being subject to regulations, fraud and the mistreatment of jobseekers has emerged as a cause for concern. Even when there is no ill will from the intermediaries, immigrant workers often suffer discrimination from their employers, sometimes leading to a re-evaluation of their return migration plans. This chapter explores the employment conditions of Latvian migrant workers. It analyses the operation of private employment agencies offering employment abroad and, in more general terms, sheds light from the Latvian migrant workers’ perspective on their treatment by employers. In doing so, this analysis demonstrates that almost a fifth of those respondents who used the services of private employment agencies had experienced unfair treatment. Moreover, at least one in three Latvian migrant workers encountered some form of discrimination at work, and around one in six were in a precarious and vulnerable position due to the nature of their employment contract. The chapter concludes with recommendations for further studies and policy development.
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"Contract conditions." In Labour Contracts and Labour Relations in Early Modern Central Japan, 93–108. Routledge, 2004. http://dx.doi.org/10.4324/9780203010075-10.
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Tjon Soei Len, Lyn K. L. "Capabilities, Contract, and Causality: The Case of Sweatshop Goods." In The Capability Approach to Labour Law, 332–52. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198836087.003.0017.
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This chapter presents a legal strategy informed by a capabilities approach to minimum contract justice that challenges the permissibility of consumer contracts for sweatshop goods. It replies to a common objection to this strategy, which posits that consumer contracts are not causally linked to exploitative labor standards and should therefore be considered valid contracts. This chapter argues that the causality objection mistakenly transposes the normative function of causality from questions of liability into the question of contractual recognition. While liability revolves around attribution of responsibility and blame, contractual recognition serves the purpose of protecting the minimum standard of justice as ensconced in the public institutions of society. Deplorable working conditions in global supply chains represent a serious justice concern and within international labor law scholarship it is common to pursue minimum labor standards or mechanisms that seek to restrict corporate conduct on the basis of voluntary commitments (e.g. codes of conduct). Instead, the argument from minimum contract justice offers an alternative legal strategy that questions the permissibility and contractual validity of exchanges the performance of which relies on exploitative production conditions.
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Bücker, Andreas. "Directive 91/533/EEC on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship." In International and European Labour Law, 948–58. Nomos Verlagsgesellschaft mbH & Co. KG, 2018. http://dx.doi.org/10.5771/9783845266190-964.
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Sterelny, Kim. "Epilogue: Why Only Us?" In The Pleistocene Social Contract, 157–62. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197531389.003.0005.
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The last four chapters have charted the development in our lineage of a coevolutionary loop linking intergenerational information flow and ecological/economic cooperation. The upshot has transformed both human lifeways and the world in which we live. That leaves us with an inevitable question. Once defection is controlled, the profits of information sharing, collective action, the division of labour and exchange are immense. So why have so few species of vertebrates evolved the capacity to exploit those profits? With marginal exceptions, sustained, expensive and extensive cooperation is confined to the hominins. The problem seems to be with the initial establishment of cooperation. As this book shows, once a fairly modest platform of informational and ecological cooperation is built, there are positive feedback loops that can stabilize that cooperation, and in some circumstances expand it. While there is no guarantee that this loop will kick in, once rudimentary cultural learning and cooperation were linked in our lineage, it was not difficult to explain their stabilization and expansion. But cooperative niches are difficult to enter. There are, for example, remarkably few well attested examples of direct reciprocation amongst animals in nature (that is, between animals that are not closely related), even though theory suggests that the conditions under which direct reciprocation are stable should be fairly widespread. All that is necessary is that the two individuals have a high probability of regular future interaction in which each could benefit from the other, plus an environment in which help is cheap to give and valuable to receive (like reciprocal childcare)....
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"Foxconned Labour as the Dark Side of the Information Age: Working Conditions at Apple’s Contract Manufacturers in China." In Marx in the Age of Digital Capitalism, 350–95. BRILL, 2016. http://dx.doi.org/10.1163/9789004291393_012.
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Cabrelli, David. "7. The Variation and Suspension of the Personal Employment Contract." In Employment Law in Context, 231–51. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198840312.003.0007.
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This chapter first examines the common law rules regulating the variation of the terms of the contract of employment. It focuses on the situation where the employer seeks to unilaterally modify the terms of the employment contract, for instance in light of modern pressures on management to demand greater labour flexibility in order to adapt to changing market conditions. The chapter then moves on to address the ability of the employer to suspend the contract of employment, for instance where the employer suffers a downturn in demand for its products or services, or where an employee may be subject to disciplinary proceedings. Finally, it considers the future trajectory of the common law content of the personal contract of employment.
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Kuruvilla, Sarosh. "Conclusion." In Private Regulation of Labor Standards in Global Supply Chains, 272–74. Cornell University Press, 2021. http://dx.doi.org/10.7591/cornell/9781501754517.003.0011.
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This concluding chapter reviews the key findings and arguments of this book regarding private regulation. It also looks at other suggestions to reform and improve private regulation which are not canvassed extensively in this book. An important one is to reform the buyer–supplier contract to make the contract “work both ways” — that is, level the playing field so suppliers and workers can sue for buyer compliance. A second concerns institutionalizing unemployment insurance for supply chain workers. Meanwhile, a third suggestion is that global buyers reform their sourcing to source only from countries with good labor standards, or at a minimum, clearly indicate to those country's governments that they will stop sourcing if labor laws are not enforced. Ultimately, private regulation is not a panacea, and researchers have pointed to other steps that could improve working conditions in supply chains. For one thing, national governments need to do a better job enforcing existing labor laws; indeed, it was governments' failure to do so that gave rise to private regulation. Another step is regionalization — harmonizing national labor standards within regional trade blocs through arrangements similar to those employed by the European Union. Moreover, labor standards could be improved if the International Labour Organization (ILO) could be more forceful with its members with respect to adhering to ILO conventions.