Academic literature on the topic 'Collective termination of labour legal relationship'
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Journal articles on the topic "Collective termination of labour legal relationship"
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Verge, Pierre. "Vision d'une révision du Code du travail." Les Cahiers de droit 20, no. 4 (April 12, 2005): 901–34. http://dx.doi.org/10.7202/042351ar.
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Would a codification of labour law — in the Continental meaning of the word, and not a mere consolidation of existing statutes — enhance the development of this field of law ? Would the resulting instrument be likely to generate more appropriate ways of dealing with labour situations, whether or not they pertain to a collective bargaining context ? Adjective as well as substantive law would have to be involved in such an exercise. The latter aspect raises the fundamental issue of the proper relationship between the general law — civil law essentially — and labour law. What degree of autonomy is necessary to the integrity of the specialized law ? Conversely, to what extent is the general law to be relied upon to provide the necessary second-line set of legal provisions ? For instance, the two sets of legal rules entertain different views as to the termination of the employment relationship and as to the effect of a collective agreement. A well-integrated body of labour law should, in the author's opinion, govern comprehensively labour situation. The codifying process would also aim at eliminating internal discrepancies and a simpler, more accessible legal subsystem would emerge. As to the adjective aspects of labour law, the identification of desirable forms of third-party intervention relating to both collective bargaining and labour standards legislation could lead to appropriate jurisdictional arrangements. In the case of industrial conflicts, of particular interest are the flexible powers of intervention with which the Canada and British Columbia labour boards are endowed. Consideration should also be paid to certain European models — namely the Conseil de prud'hommes — which allow both conciliation and adjudication to take place in the solving of normative law conflicts of application. A full-fledged Labour Code would indeed invite the setting up of a more authentic Labour Court.
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Suandika, I. Nyoman. "Perlindungan Hukum Terhadap Hak-Hak Karyawan Tetap Dalam Hal Terjadi Pemutusan Hubungan Kerja (PHK) Menurut Undang-Undang Nomor 13 Tahun 2003." Jurnal Ilmiah Raad Kertha 2, no. 1 (July 8, 2020): 43–51. http://dx.doi.org/10.47532/jirk.v2i1.151.
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In a work relationship such as other legal relationships it does not always run smoothly,because the wishes of one party (generally workers) cannot always be fulfilled by otherparties (employers), so that this will cause problems in work relationships such astermination of employment (layoffs) ) the formulation of the problem in this study are: 1.What factors cause the termination of employment (FLE) to permanent employees. 2.What is the legal effect if there is a termination of employment (FLE) against permanentemployees according to Law Number 13 of 2003. This study uses a type of normativeresearch, namely research by examining library material or secondary data. Factors thatcaused employers to lay off workers / laborers according to Law No. 13 of 2003 are: a)violations of work agreements, company regulations, and collective labor agreements. b) Violations or serious mistakes. c) Employees are detained by the authorities. d) Due tochanges in company status. e) because the company is closed. e) Because workers arecaught in a criminal case. f) Because the company is closed. g) bankrupt company. h)Workers are absent from their jobs. The legal consequences of termination of employmentwith workers / laborers according to Law No.13 / 2003 in Article 156 paragraph (1) areto give obligations to employers to provide; a) Severance pay, b. Working period awardmoney (service fees). C. Reimbursement of rights. D. Separate money.
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Randi, Yusuf. "THE IMPLEMENTATION OF THE JOINT AGREEMENT IN THE FORM OF COMPENSATION FOR TERMINATION OF EMPLOYMENT THAT CONTRARY TO LABOR LAW." DE RECHTSSTAAT 6, no. 1 (March 31, 2020): 27–41. http://dx.doi.org/10.30997/jhd.v6i1.2581.
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Humans as social creatures always work, either endeavored alone or work with others in meeting their needs, which then gave birth to work relationships. The working relationship in the journey does not always run harmoniously but there are often disputes that sometimes end with the termination of employment (PHK), as happened in the Supreme Court Decree No: 788k/Pdt.Sus-PHI/2018, where the company laid off workers against and provide compensation for layoffs based on collective agreements and are not guided by the provisions of layoffs in Law No. 13 concerning Manpower.The method of approach used is normative juridical, with research specifications analytical descriptive. The results showed that the joint agreement applied by the Supreme Court Judge as a legal basis in resolving cases, defects an objective requirement that is violating the halal causal conditions, because it regulates layoff compensation whose value is not under the provisions of Article 156 paragraph (1), (2), (3) and (4) the Manpower Act, thus violating the legal conditions of the agreement in Article 1320 of the Civil Code, therefore the agreement is invalid and has no legal force. Besides, the work period of workers with companies based on PKWT should legally change to PKWTT as stipulated in Article 59 paragraph (7) of the Manpower Act.Keywords: Compensation, Work termination, Joint Agreements.
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Duraj, Tomasz. "Powers of Trade Union Activists Engaged in Self-Employment – Assessment of Polish Legislation." Acta Universitatis Lodziensis. Folia Iuridica 95 (March 30, 2021): 83–100. http://dx.doi.org/10.18778/0208-6069.95.08.
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The objective of the foregoing article is an analysis of the rights which the Polish legislature granted to self-employed trade union activists after the extension of coalition rights to these persons. In this regard, the trade union law extended to self-employed persons working as sole traders protection, which until 2019 was reserved exclusively for employees. Pursuant to the amendment of July 5, 2018, self-employed trade union activists were granted – based on international standards – the right to non-discrimination on the basis of performing a trade union function, the right to paid leaves from work, both permanent and ad hoc in order to carry out ongoing activities resulting from the exercise of a trade union function, and the protection of the sustainability of civil law contracts which form the legal basis for the services provided. the exercise of a trade union function, and the protection of the sustainability of civil law contracts which form the legal basis for the services provided. The author positively assesses the very tendency to extend employee rights to self-employed persons acting as union activists. However, serious doubts are raised by the scope of privileges guaranteed to non-employee trade union activists and the lack of any criteria differentiating this protection. Following the amendment of the trade union law, the legislator practically equates the scope of rights of self-employed trade union activists with the situation of trade union activists with employee status. This is not the right direction. This regulation does not take into account the specificity of self-employed persons, who most often do not have such strong legal relationship with the employing entity as employees. The legislature does not sufficiently notice the distinctness resulting from civil law contracts, which form the basis for the provision of work by the selfemployed the separateness resulting from civil law contracts, which constitute the basis for the performance of work by the self-employed. According to the author, the scope of rights guaranteed de lege lata to self-employed union activists constitutes an excessive and unjustified interference with the fundamental principle of freedom of contract on the basis of civil law employment relations (Art. 3531 of the Civil Code). From the point of view of international standards, it would be enough to ensure the right of these persons to non-discrimination on the basis of performing a trade union function; the right to unpaid temporary leaves from work in order to perform current activities resulting from the performed trade union function; the right to high compensation in the event of termination of a civil law contract with a self-employed trade union activist in connection with the performance of his functions in trade union bodies and full jurisdiction of labour courts in cases arising from the application of trade union law provisions. The disadvantage of the regulation at issue is also that Polish collective labour law does not in any way differentiate the scope of the rights and privileges guaranteed to self-employed trade union activists, ensuring the same level of protection for all. In that area, it appears that the legislature de lege ferenda should differentiate the scope of that protection by referring to the criterion of economic dependence on the hiring entity for which the services are provided.
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Wincenciak, Mirosław. "“Transformation” of a Tax and Customs Administration Officer’s Service Relationship Into an Employment Relationship." Studia Iuridica Lublinensia 29, no. 1 (March 29, 2020): 215. http://dx.doi.org/10.17951/sil.2020.29.1.215-227.
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<p>Lack of court protection for officers whose current service relationship is substituted with a form that is less beneficial – an employment relationship, should be seen as a violation of their right to trial. A labour court, by definition, is not an appropriate court when it comes to cases of entering into or the termination of service relationships having a legal and administrative character. This court can judge cases concerning the employment relationship of an employee but fundamentally does not have jurisdiction to assess the establishment and termination of a legal and administrative relationship. Therefore, sending customs officers to labour courts causes the transformation of a service relationship into an employment relationship to slip out of court control.</p>
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Шишко, Георгий, George Shishko, Анжелика Ясинская-Казаченко, and Angelica Yasinskaya-Kazachenko. "Procedural and process mechanism for the implementation of norms in the resolution of collective labour disputes in the." Advances in Law Studies 1, no. 1 (May 23, 2013): 0. http://dx.doi.org/10.12737/400.
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Accurately installed procedural and process mechanism of realization of norms is necessary for achievement of expected result at permission of collective labour disputes, in this regard in article various approaches of scientists to concept of process and procedure are considered. The axiom of procedural legal relationship on permission of collective labour disputes is allocated. As a scientific hypothesis authors make offers concerning an integration of universal legal procedures properly in the form of serving norms in legal relationship about individual and collective labour disputes.
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Tasić, Anđelija, and Goran Obradović. "The consequences of termination of employment relationship due to discrimination." Zbornik radova Pravnog fakulteta Nis 59, no. 89 (2020): 119–37. http://dx.doi.org/10.5937/zrpfn0-30740.
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This article focuses on the procedural norms concerning antidiscrimination and labour rights protection. By analyzing concrete legal norms, the authors attempt to address the key question: what is the appropriate way of ensuring legal protection for victims of unlawful termination due to discrimination? The fact is that two different legal procedures contain different rules about time limit for initiating civil proceedings, filing a claim or motions, as well as didderent rules on the burden of proof. These complex issues have been insufficiently addressed in theory and practice. For the purpose of overcoming this problem, the authors provide an insight into the comparative law solutions which may be used as guidelines in prospective legislative efforts and adjusted to the specific features of the legal system in the Republic of Serbia.
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Mikos, Daria. "Amicable Methods for Collective Dispute Resolution—Selected Legal Issues." Roczniki Nauk Prawnych 28, no. 1 ENGLISH ONLINE VERSION (October 25, 2019): 41–55. http://dx.doi.org/10.18290/rnp.2018.28.1-3en.
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The article deals with the issue of asserting the rights and interests of all employees who enjoy the representation of trade union organisations in their disputes with the employer. The aim of the article is to give a detailed presentation of issues related to collective labour disputes.
To achieve this aim, the stages at which the rights and interests underlying collective labour disputes are presented in detail. This study employs the dogmatic-legal method. The author carries out an analysis and interpretation of the provisions relating to collective labour disputes in the field of labour law. It was vital to examine the legal norms established by the legislator. A description and systematisation of the applicable legislation was also conducted. Issues relating to the resolution of collective disputes in the workplace are presented theoretically with a detailed discussion of the specific stages.
This presented work is divided into four parts. The first presents the basic notions related to collective labour disputes. The sections that follow present the problems involved in the particular stages of claims enforcement based on employment relationship, i.e. bargaining, mediation, and arbitration. The rules for joining specific stages of resolving the above mentioned disputes were also discussed.
To a large extent, the issues elucidated here bring the reader, and above all entities involved in collective labour conflicts, closer to the methods of asserting their own rights and interests.
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Mazurczak-Jasińska, Eliza. "Kodeksowa ochrona szczególna stosunku pracy powstałego na podstawie powołania." Przegląd Prawa i Administracji 117 (December 20, 2019): 47–60. http://dx.doi.org/10.19195/0137-1134.117.5.
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THE SPECIAL PROTECTION OF EMPLOYMENT RELATIONSHIP ON THE BASIS OF APPOINTMENTRESULTING FROM THE LABOUR CODEThe subject matter of this study is an analysis of the legal mechanisms resulting from the provisions of the Labour Code which concern the special protection of an employment relationship which is based on appointment, regarding both their subjective scope as well as the terms of the correctness of their applications by the appellant the employer. Among the ways of establishing an employment relationship, appointment stands out by providing the smallest degree of stabilization, not only because of the scope of the claims that recalled employees are entitled to and the lack of the possibility of applying the usual modes of conduct for the termination of an employment contract, but also because of the nature of the special protection, which allows for the appointed employee to be recalled and poorly protects against the termination of the employment relationship. Measures for the protection of an employment relationship on the basis of appointment, resulting from the provisions of the Labour Code, have a limited subjective range. The legislature has also resigned from an absolute ban on the termination of an employment relationship and allows only the extension of the duration of the existing relationship or the continuation of an employment with the previous employer, but on a different legal basis.
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Woods, H. D. "Power and Function in Labour Relations." Relations industrielles 15, no. 4 (February 3, 2014): 441–52. http://dx.doi.org/10.7202/1021910ar.
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Summary The Author contends that the legal framework which has developed in Canada to deal with collective bargaining has been less favourable to the emergence of strong unions and effective collective bargaining than in the American case. This is explained better by fortuitous (and notably constitutional) circumstances than by calculated policy decisions. Canadian pragmatism in this field has led to a relatively massive State intervention which has strongly affected the basically unstable power relationship between labour and management. And the trend is increasing.
Dissertations / Theses on the topic "Collective termination of labour legal relationship"
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Бабенко, Е. В., and E. V. Babenko. "Доктрина захисту трудових прав працівників при припиненні трудових правовідносин." Thesis, КНУ ім. Т. Г. Шевченка, 2019. http://openarchive.nure.ua/handle/document/10363.
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Дисертація на здобуття наукового ступеня доктора юридичних наук за спеціальністю 12.00.05 – трудове право; право соціального забезпечення – Київський національний університет імені Тараса Шевченка. – Київ, 2019. The dissertation for the scientific degree of the Doctor of Law in specialty 12.00.05 – labor law; social security law – Taras Shevchenko National University of Kyiv of the Ministry of Education and Science of Ukraine. – Kyiv, 2019.Дисертація присвячена формулюванню основних доктринальних засад захисту трудових прав працівників при припиненні трудових правовідносин. У роботі запропоновано розрізняти між собою індивідуальне та колективне припинення трудових правовідносин, враховуючи при цьому, що рівень і система гарантій для захисту визначаються концепцією «чистої» та «обтяженої» волі на припинення трудових правовідносин, наявною у їхніх сторін. Визначено підстави, умови, особливості індивідуального та колективного припинення вказаних відносин. Окрему увагу приділено захисту трудових прав працівників при припиненні трудових правовідносин на підставі процедур банкрутства. Проаналізовано та порівняно досвід України й окремих країн ЄС щодо правового регулювання та судової практики означеного захисту на підставі вказаних процедур. Сформульовано основні доктринальні положення щодо поняття, ознак захисту трудових прав працівників при припиненні трудових правовідносин, встановлено принципи, відповідно до яких має відбуватись такий захист, виокремлено захисні процедури, систематизовано та узагальнено проблеми, що існують в означеному сегменті, й запропоновано шляхи їх вирішення. The thesis focuses on formulating the basic doctrinal principals for protecting employees’ labour rights in termination labour legal relationship. The study proposes to distinguish between individual and collective termination of labor legal relationship, while the level and system of guarantees for protection are determined by the concept of “pure” and “burdened” will for terminating labor legal relationship by their parties. The grounds, conditions, features of individual and collective termination of the mentioned relations are determined. Particular attention is paid to protecting the employees’ labor rights in case of labor legal relationship termination on the basis of bankruptcy proceedings. The experience of Ukraine and individual EU countries regarding the legal regulation and judicial practice of this protection based on the pointed procedures is analyzed and compared. The basic doctrinal provisions regarding the notion, signs of protecting the labor rights of employees upon labor legal relationship termination have been formulated, the principles are established according to which such protection should take place, the protective procedures are highlighted, the problems, existing in the segment under review, are systematized and generalized, and the ways to resolve them are proposed.
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Šilinskaitė, Jurga. "Išbandymas sudarant darbo sutartį : jo reguliavimo Lietuvoje ir ES valstybėse - narėse lyginamoji analizė." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20060316_133748-25430.
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By means of comparative analysis the features of regulation of probationary period in a contract of employment in the law of Lithuania and the members of the EU are revealed. The problem of evaluation of the results of probationary period as well as the right to dispute the dismissal due to the negative outcome of probationary period are considered. The author also discusses some law cases of the Supreme Court of Lithuania to reveal the problems, related to probation clause.
Books on the topic "Collective termination of labour legal relationship"
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Butt, Simon, and Tim Lindsey. Labour Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199677740.003.0017.
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Indonesian labour law was transformed after the fall of Soeharto, with workers granted many freedoms they had been denied under his rule. This chapter explains the rights and duties of workers and employers in Indonesia today, including those relating to conditions of employment, minimum wages, overtime, leave, social security, anti-discrimination and equal opportunity guarantees, and termination of employment (including severance pay). Attention is paid to the rules applicable to women, children, and foreign workers, and to unions, collective bargaining, and the right to strike (including the requirements for legal industrial action). Case studies are provided and sub-contracting rules are covered. The chapter closes with an evaluation of Indonesia’s problematic industrial dispute resolution process, including the much-criticized Industrial Relations Court.
Book chapters on the topic "Collective termination of labour legal relationship"
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Ye, Jingyi. "Reforming the Regulatory Mechanism for the Collective Labour Relationship in China: Diagnosis and Outlook." In Fundamental Labour Rights in China - Legal Implementation and Cultural Logic, 243–64. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-23156-3_10.
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Deinert, Olaf. "13 Legal succession and termination of the employment relationship." In International Labour Law under the Rome Conventions, 319–61. Nomos Verlagsgesellschaft mbH & Co. KG, 2017. http://dx.doi.org/10.5771/9783845278605-319.
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Luciano Benetti, Timm, and Verçosa Fabiane. "Part 2 Specific Issues of Arbitration in Brazil, 20 Labour Law Arbitration." In International Arbitration: Law and Practice in Brazil. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198840114.003.0020.
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This chapter highlights labour law arbitration in Brazil. Traditionally, labour law in Brazil recognises two main groups of rights: individual and collective rights. Individual labour relations are concerned with the relationship between individual workers and their employers. Collective labour relations refer to the social relationships generated through processes of consultation and negotiation—over working conditions, labour standards, and other employment issues—between, on the one hand, the workers' collective or their representatives and, on the other hand, the employers or employers’ organization. Even before the Labour Legislation Reform of 2017, Brazilian legal order already provided in its Constitution and in other legal statutes the possibility of arbitration for collective labour rights. On the other hand, before the promulgation of the Labour Legislation Reform, there was no provision under Brazilian Law that would open the possibility of arbitration in the event of individual labour disputes.
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Vosko, Leah F. "Getting Organized." In Disrupting Deportability, 42–64. Cornell University Press, 2019. http://dx.doi.org/10.7591/cornell/9781501742132.003.0003.
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This chapter details the attempts of the union representing Seasonal Agricultural Worker Program (SAWP) employees at Sidhu & Sons to organize, gain certification, and secure a first collective agreement for a bargaining unit encompassing participants in a temporary migrant work program (TMWP) permitting circularity. Through an analysis of the legal proceedings surrounding United Food and Commercial Workers Union (UFCW) Local 1518's bid for certification, it explores SAWP employees' two important motivations for organizing: namely, to preempt termination without just cause prompting premature repatriation and to secure mechanisms for recall suitable to workers laboring transnationally. Local 1518, in seeking to represent SAWP employees, came up against tensions arising both from the Labour Relations Board's (LRB) understanding of its role of facilitating access to collective bargaining under the Labour Relations Code (LRC) and from limits posed by the parameters of the TMWP in play. Consequently, the unit obtained certification, but only on a restricted basis. At the same time, it introduced mechanisms aiming to limit termination without just cause prompting premature repatriation and offered novel provisions on recall and seniority.
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Sowad, Abu Saleh Mohammad. "Picking the People up From Poverty." In Socio-Economic Development, 222–31. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-7311-1.ch012.
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Being a multidimensional phenomenon, it is hard to confine poverty within any definitive parameters and even harder to send the word poverty back to dictionary. Poverty eradication needs both short and long term strategic interventions; policies regarding employment opportunities should also be planned in such way. As an economic strategy, deregulation targets to eliminate the regulating authorities of labour market and decrease the interference of legal aspects within the relationship between companies and individuals to a minimum level with a great decline in the cases of collective bargaining. Labour market deregulation creates ample employment opportunities for poor people especially women. This paper looks for an effective and efficient way to alleviate poverty between Urban Labour Market Deregulation and the development of micro-enterprises with a sketch of possibilities and vulnerabilities of both approaches and a comparative approach to find the best possible way within these two to remove poverty's shadow from humankind.