Journal articles on the topic 'Employee leasing services – Law and legislation'
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1
Беляева, Ольга, and Olga Belyaeva. "The Federal Law “On Procurement of Goods, Works and Services by Particular Types of Legal Persons”: Scope of Application in Contractual Relations." Journal of Russian Law 2, no. 8 (September 22, 2014): 25–31. http://dx.doi.org/10.12737/5273.
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The author offers discussion on a problem of a ratio of the concept «Рrocurement» with different types of civil contracts; in article the rent and leasing relations, contracts on charity, «frame» contracts are consistently shined. The author reasons arguments that the called contracts don’t fall within the scope of regulation of the Federal law of 18 July 2011 No. 223-FZ. The author speaks inexpediency of application of frame contracts in the Russian contractual practice. The article subject opens scientific discussion about a ratio of the civil legislation and the procurement legislation.
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Makovii, Viktor, Svitlana Voloshyna, Yaroslav Kushnir, Iryna Mykhailova, and Serhii Tsarenko. "Contract for the Provision of Services and Labor Contract: A Comparative Analysis of Consequences for Parties Under Ukrainian Legislation." European Journal of Sustainable Development 10, no. 1 (February 1, 2021): 466. http://dx.doi.org/10.14207/ejsd.2021.v10n1p466.
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The article analyzes the legal consequences of concluding a labor contract and a contract for the provision of services. The need for such an analysis is due to the fact that employers often prefer to conclude civil law contracts with employees instead of labor contracts, since the latter are less beneficial for them. At the same time, for an employee, the conclusion of a contract for the provision of services instead of an employment contract entails the deprivation of all guarantees provided for by labor legislation. The historical prerequisites for the existence of similarities between labor and civil contracts are examined in the article. In order to distinguish between these types of contracts, a comparative analysis of the legal nature and consequences of the conclusion of an employment contract and a contract for the provision of services is carried out. The article analyzes the guarantees that are provided for by labor legislation and are aimed at ensuring the human right to work. It is concluded that when concluding civil contracts, these guarantees are lost, which significantly worsens the position of the employee. In this regard, the article analyzes the recommendations of the International Labor Organization aimed at distinguishing between civil and labor legal relations. The conclusion is made that it is necessary to consider these recommendations in the national legislation of all Member States.
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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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Sanetra, Walerian. "BETWEEN WORK AND EMPLOYMENT. SOME CONCEPTUAL COMMENTS." Roczniki Administracji i Prawa 3, no. XXII (September 30, 2022): 19–34. http://dx.doi.org/10.5604/01.3001.0016.2379.
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The study presents the understanding of the concept of work and the concept of employment with which we deal in legislation, jurisprudence, science and didactics of labour law. The relationship between these basic categories of concepts is particularly intricate and the subject of serious controversy. The category of work is the most important and superior concept in relation to employment. Historical, axiological, technical-legislative and practical reasons speak for this. The broad understanding of work includes not only labour relations but also other relations related to it., i.e. those that make up the subject of labour law, including so-called non-employee employment relationship (civil, administrative, constitutionaland penal type). In choosing between work and employment, priority should be given to work. This leads to the conclusion that the concept an employment relationship should be understood as broadly as possible. This is achieved by limiting the importance of employee subordination in definition of an employment relationship. This, in turn, leads to a tightening of scope of the concept of a non-employee employment relationship of the civil law type (from the mandate contract, contract for the provision of services).
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Bugaevskaya, Natalia V. "Responsibility for corruption in the field of procurement for state or municipal needs: Novelties of criminal legislation." Vestnik of Saint Petersburg University. Law 13, no. 2 (2022): 433–51. http://dx.doi.org/10.21638/spbu14.2022.209.
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The article presents a doctrinal interpretation of norms of criminal law that establish responsibility for abuses in the procurement of goods, works, and services for state or municipal needs (Art. 2004 of the Criminal Code of the Russian Federation) and bribery of a contract service employee, contract manager, or member of the procurement commission (Art. 2005 of the Criminal Code of the Russian Federation). The purpose of the study was to help a law enforcement officer in understanding the criminal-legal characteristics of the elements and signs of the above-mentioned elements of corruption crimes, in their difference from related acts, such as abuse of official position, misappropriation of budgetary funds, embezzlement using official position, receiving and giving bribes. Special attention was paid to the distinctive features of the subjects of crimes in the field of procurement of goods, works, services for state or municipal needs. The principles of qualification are explained when a crime is committed by a group of persons by prior agreement if there are special subjects in the composition of the crime. Thanks to the use of such a research method as system-structural analysis, objective and subjective signs of the corpus delicti are presented in detail, criminal liability for which is fixed in Art. 2004 and 2005 of the Criminal Code of the Russian Federation. The conclusions point to the need for careful identification of the signs of the objective side, the subject and the subject of crimes, since they are crucial for the application of the qualification rules.
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Atiyyat, Taha. "The Legitimacy of the Public-Sector Employee’s Strike in the Jordanian Legislation: A Study Case." Asian Social Science 17, no. 4 (March 31, 2021): 35. http://dx.doi.org/10.5539/ass.v17n4p35.
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The national and international have endorsed the act of striking as a basic common right that is carte blanche but confined to local laws and regulations. The issue, however, has been an area of controversy; a number of countries have been diverse in their stance in terms of banning such an act or legalize I. Jordan is one of the countries which ban the public-sector employee to strike in order to ensure the public facilities and services necessary fir the citizen’s daily-life activities and needs, noting that this ban in exempted from the private-sector employees in accordance to the labour law.
So many legislators have highlighted the right and obligations of the pubic-sector employee, focusing the attention on his right in striking to a great extent that might expose his right to be confined in case of a conflict with the principle of public utility. Over history, many countries have been legitimizing the right of striking for the public-sector employees because of several reasons. First, conducting a strike might be harmful for the stream of public utitlity. In addition, this act represents in a way one of the vital features of the state’s sovereignty.
Despite the fact that many countries have joined the international conventions that ensure the public-sector employee, known as public official, in striking, the Jordanian legislator has not exercised this right on real grounds in the space of the employee’s profession, but he has been satisfied with the words that ban employees to strike as documented in the Civil Service Regulations. The legislator considers striking as any illegal conduct resulting in dangerous consequences and disruption in the public utility regularly and steadily.
This study will tackle the legitimacy of the public-sector employees in the Jordanian law. The attention will be focused on the Jordanian teachers;’ strike as a study case with reference to the Jordanian Constitution, including the relevant bylaws and regulations, the provisions of Jordanian courts like the Constitutional Court of Jordan and the Supreme Administrative Court of Jordan.
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Savchenko, T., and L. Mynenko. "FORMATION OF UKRAINE TRANSPARENCY BANKING." Vìsnik Sumsʹkogo deržavnogo unìversitetu, no. 4 (2019): 35–41. http://dx.doi.org/10.21272/1817-9215.2019.4-4.
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The article analyzes requirements of the National Bank of Ukraine for transparency of banks, banking groups and non-banking financial market participants. Transparency development process in the Ukrainian banking sector considered in a dynamic and in context of the EU's transparency requirements. Authors came to conclusion that the National Bank of Ukraine have to extended last achievements at banks transparency issues on activities of banking groups and to non-banking financial institutions. This conclusion based on rudiments of effective supervision of banking groups on a consolidated basis, as well as the adoption by the Verkhovna Rada of Ukraine of the Law on "Split". This law extends the National Bank's responsibility in the supervision of non-banking financial institutions (insurance, leasing, financial companies, credit unions, pawnshops and credit bureaus) since July 2020. Therefore, the National Bank should introduce new regulatory requirements to increase the transparency of banking groups and non-bank financial intermediaries. These reforms will establish uniform approaches and standards for disclosure of information on the activities of financial institutions, as well as provide the harmonization of national legislation with EU requirements. Expanding the list of public reporting information and establishing proper reporting intervals will ensure the stable functioning of the financial market and will increase the confidence in the financial system by the users of financial services. These measures will also help management of the financial organization to make informed decisions in defining their development strategy. Besides, they will provide further development of the competitive environment in the financial services industry. Keywords: transparency of banking system, transparency requirements, bank, banking group.
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Islomqulova, Shokhsanam. "LABOUR RELATIONSHIPS IN CIVIL LAW. DIFFERENCE BETWEEN LABOUR AND CIVIL CONTRACTS." JOURNAL OF LAW RESEARCH 6, no. 9 (September 30, 2021): 25–32. http://dx.doi.org/10.26739/2181-9130-2021-9-3.
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This article examines how and by what normative legal acts labor relations in civil law are regulated. This article analyzes errors and shortcomings in civil law contracts related to the provision of services in practice, as well as difference labor contracts and civil law contracts and errors that are allowed in their registration. The aspects and proposals that are necessary to eliminate and prevent offenses are also emphasized. The content, form, parties to the contract, obligations and rightsof the parties, obligations for violation of the contract, grounds for termination of the contract are also highlighted. And each of these above-listed aspects is compared with an employment contract. The differences arising from the comparison were studied by Russian and English scientists and their judgments on this situation were translated. Civil contracts regulating labor relations are considered on the example of the legislation of foreign states and the Republic of Uzbekistan. The advantages and disadvantages of a civil contract, its difference from employment contracts were explained by comparison in separate tables.Keywords:civil law contract, fee service contract, labor contract, contractor, customer, employee, employer, terms of contract
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Girich, Maria G., Kristina V. Ivanovicheva, and Antonina D. Levashenko. "Taxation and Social Insurance for Employees of Online Platforms: Comparison of Russian and International Experience." Financial Journal 14, no. 3 (June 2022): 44–60. http://dx.doi.org/10.31107/2075-1990-2022-3-44-60.
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The issue of online platforms’ employment is topical due to the emergence of questions of application of labor law, taxation and social insurance to such persons providing services via platforms. The purpose of this article is to develop recommendations regarding the regulation of relations arising between the platform and its employee in Russia, including the application of labor and business legislation, taxation and social insurance of such persons, taking into account the comparison of the legal regulation in Russia and in foreign countries. The methodology of the work is based on a comparative legal analysis of legal documents in foreign countries (Spain, Great Britain, Italy, France) and Russia. One of the international trends in the regulation of employment on online platforms is the application of labor laws to regulate the relationship between the employee and the platform, or the introduction of a special status of a “quasi-employee” with the provision of platforms with certain obligations to ensure the employment rights of employees. In Russia, the legal status of platform employees is not defined, it is not defined, e.g. whether a person is an employee, an entrepreneur, or a legal entity. For tax purposes, platform employees are usually self-employed (professional income taxpayers), so the article compares the approaches to taxation of such employees in Russia and in foreign countries. Furthermore, the selfemployed in Russia cannot pay social insurance contributions; the article discusses the approaches of foreign countries to social insurance of the self-employed, as well as the issue of the emergence of platforms’ obligations for social insurance of their employees, considering the application of labor law to the activities of those platforms.
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ME Manamela. "The Contest Between Religious Interests and Business Interests ‒ TFD Network Africa (Pty) Ltd v Faris (2019) 40 ILJ 326 (LAC)." Obiter 41, no. 4 (March 24, 2021): 961–73. http://dx.doi.org/10.17159/obiter.v41i4.10498.
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The right to freedom of religion is one of the fundamental human rights. This is evident from several sections of the Constitution of the Republic of South Africa, 1996 (the Constitution), including sections 9, 15 and 31. Section 9(4) prohibits unfair discrimination (whether direct or indirect) against anyone on one or more of the grounds listed in section 9(3), which includes religion. Section 15(1) states that everyone has the right to freedom of conscience, religion, thought, belief and opinion, while section 31(1)(a) provides that persons belonging to a religious community may not be denied the right to practise their religion with other members of the community.In line with the Constitution, labour legislation such as the Labour Relations Act 66 of 1995 (LRA) and the Employment Equity Act 55 of 1998 (EEA) also protects this right. Section 187(1)(f) of the LRA provides that if an employee is discriminated against and is dismissed based on religion, among other grounds, such a dismissal will be deemed to be an automatically unfair dismissal. Section 6(1) of the EEA prohibits unfair discrimination, whether direct or indirect, in any employment policy or practice based on prohibited grounds such as religion. It is evident from all the above provisions that the right to freedom of religion is vital to people’s lives, including employees’ lives.Although an employee has the right to practise religion, he or she also has the common-law duty to render services or to put his or her labour potential at the disposal of the employer as agreed in terms of the contract of employment – except during the employee’s annual leave, sick leave and maternity leave. An employee may therefore be in breach of this duty if he or she refuses to work or deserts his or her employment or absconds from his or her employment or is absent from work without permission. In addition to the above duty, employees have a duty to serve the employer’s interests and to act in good faith.
Often, employees’ right to freedom of religion collides with their duty to render services and to serve the employer’s interests; employees present various reasons related to their religious practices for their failure to render services. As a result, employers are regularly required to be lenient and make efforts to accommodate employees’ religious beliefs in the workplace. At times, this becomes a burden to employers as they have to accommodate employees with diverse individual religious interests, but also ensure that their businesses remain operational. Religion remains one of the most contentious and problematic areas for employees and employers to deal with in the workplace.The discussion that follows evaluates the court’s finding in view of relevant constitutional provisions, labour law legislation and common law. It further considers the position under American law regarding religion and reasonable accommodation in the workplace.
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Kutomanov, Dmytro. "Problems of differentiation of labor and civil relations at the level of doctrine and regulatory practice." Law and innovations, no. 2 (30) (June 2, 2020): 56–62. http://dx.doi.org/10.37772/2518-1718-2020-2(30)-8.
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Problem setting. The imperfection and obsolescence of national labor law raises a range of legal issues related to ensuring the proper implementation of the constitutional right to work and a number of social guarantees for workers’ rights. These problems include, in particular, the widespread practice of civil-law labor substitution, which is usually manifested through the conclusion of so-called civil-law contracts between the employer and the employee, rather than the proper design of relations in the manner prescribed by the Labor Code of Ukraine. The purpose of the research is to reveal the problematic issues of the distinction between labor and civil relations, both from the point of view of the existing doctrine of labor law, and through the prism of the existing rulemaking practice, aimed at improving national legislation on labor. Analysis of resent researches and publications. The issues of the distinction between labor and civil relations have become the subject of scientific analysis in the writings of such scientists as O.V. Zabrodina, L.O. Zolotukhina, M.I. Inshin, R.A. Maidanik, S.M. Prilipko, Ya.V. Svichkaryova, D.I. Sirokha, N.V. Fedorchenko, OM Yaroshenko and others. At the same time, these issues require further research in order to develop comprehensive recommendations aimed at improving labor law. Article’s main body. Among the variety of means of departure from classical labor relations, the two most common types of registration of relations between the employer and the employee in the civil plane can be distinguished: 1) conclusion of a civil contract (provision of services, contract, employment agreement) with an individual; 2) concluding a civil (economic) contract with an individual entrepreneur. The main reasons for the emergence of the practice of changing labor relations in civil law should be recognized as follows: obsolescence of Labor Code of Ukraine, the concept of which does not fully correspond to the current realities of the labor market; the need to optimize the tax burden on employers; lack of definition of labor relations in the legislation. Existing attempts to combat these negative phenomena, in particular the bill proposed by the Ministry of Social Policy of Ukraine in 2019, raise many objections because they are unable to systematically resolve the problem of the “shadow labor market”. Conclusions. The problem of the distinction between labor and civil relations is of great theoretical and practical importance and needs to be addressed promptly at the legislative level, in particular through the consolidation in the legislation of a clear list of features of labor relations, as well as the definition of types of work, the relationships within which can be solved exclusively at the level. In this context, it is necessary to adopt a new Labor Code, the provisions of which will meet economic realities and current labor market conditions.
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Shovkoplias, Hanna, Tetiana Shvydka, Oleksandr Davydiuk, Harri Klierini, and Maxim Sharenko. "Development of directions for modernizing means of technology transfer financing at the account of the non-banking financial market under martial law. the example of Ukraine." Eastern-European Journal of Enterprise Technologies 5, no. 13 (119) (October 26, 2022): 52–59. http://dx.doi.org/10.15587/1729-4061.2022.265789.
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This study has revealed the inconsistency of the existing rules for regulating the process of financing technology transfer with the external geopolitical and economic challenges that Ukraine had to face. Including through the introduction of martial law and open armed aggression of the neighboring state. It has been substantiated that the current state of regulatory support for the process of financing and financial support for technology transfer does not meet the strategic interests of the state of Ukraine, the national economy, business, production, and society as a whole. The necessity of a significant expansion of the existing mechanisms for attracting free funds in relations related to the circulation of technologies in Ukraine has been proved. The existing restrictions on the capabilities of the non-banking financial sector in the implementation of financial support for the processes of creation, transfer of rights and implementation of technologies have been identified and systematized. An analysis of the feasibility of their weakening was carried out taking into consideration the interests of consumers of financial services and indirect financial investors. General potential directions, forms, and fundamentals, participation of the non-banking financial sector in the processes of financial support for technology transfer have been formed. These include investment, insurance, lending, financial guarantees, financial leasing, additional financing, and co-financing. The experience of the European Union in this area was analyzed. As a result of the study, the main directions of modernization and change of the current legislation of Ukraine were proposed. These changes are aimed at creating preconditions for involving the non-banking financial sector (financial institutions and financial companies) in the processes of financial support for technology transfer in Ukraine.
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Lohoyda, V. "Administrative responsibility for some violations of the quarantine regime in retail institutions, public catering, and the services sector." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 258–62. http://dx.doi.org/10.24144/2307-3322.2022.71.43.
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The article is devoted to certain issues of bringing to administrative liability employees of business entities engaged in retail trade, catering, and services, for violating the rules of quarantine of people. The author analyzes the composition of administrative offenses under sections 1 and 2 of Art. 443 of the Code of Administrative Offenses, in particular in the aspect of certain features of their objective side and subject composition. In the example of a court case, the author analyzes the errors of legal qualification by police officers for actions/ inaction of an employee of a business entity who is at work without wearing personal protective equipment. The author also noted the negative procedural consequences of the practice of inaccurate indication in administrative materials of a specific rule of law, violation of which is accused of a person who is subject to administrative liability. The author emphasizes the case-law of the European Court of Human Rights, according to which self-reclassification of administrative offenses by the court and assistance by the court to the body/official who drew up the administrative protocol in finding evidence of guilt of the person prosecuted is not allowed. It is noted that the provisions of the current legislation on the quarantine of people during martial law are large of a recommendatory nature, but after the termination of the martial law regime, the relevance of the correct classification of administrative offenses in this area will increase. As a result, the author concludes that it is impossible to bring administrative responsibility under section 1 of Art. 443 of the Code of Administrative Offenses of persons who do not have the status of business entities or officials of business entities - legal entities, as well as the obligation of the court to close the proceedings in the case of an administrative offense in this case.
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Bondareva, Natalia A., and Svetlana V. Plyasova. "Competitiveness of self-employed professions." Journal of Modern Competition 15, no. 1 (March 31, 2021): 37–44. http://dx.doi.org/10.37791/2687-0657-2021-15-1-37-44.
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The Russian Federation has established and introduced a tax on professional activities (NAP) as part of the development of special tax systems, but the competitiveness of the professions offered by the tax legislation is not taken into account. The authors determined the purpose of the study: the expediency of using the professions specified in the tax legislation to provide services for personal, domestic and (or) other similar needs, For this purpose the following tasks were solved: the place of the NDP in the aggregate of all existing special tax regimes of the Russian Federation was considered; a comparative analysis of the application of taxation of self-employed citizens in Russia and abroad, in particular, in Germany, is carried out. The study uses methods of statistical observation, comparison, and analysis. It is revealed that during the period of use of the NDP, although the number of entrepreneurs has increased, but budget revenues are insignificant. The comparison of the lists of professions showed that the professions allowed for use by self-employed citizens (freelancers) in Germany differ from the Russian ones established by law: they are competitive in the economy. Self-employed citizens must confirm their professions with diplomas, belong to professional associations, associations, be sure to study at advanced training courses, compete with an employee. The analysis of the reasons for the use of the NAP regime by individuals in Russia showed that professional activity within the regime is forced and is aimed at obtaining additional, rather than basic, earnings, as in GermanAs a result of the study, it was found that the professions specified in the legislation of Russia are not competitive. It is proposed to change the list of NPA professions taking into account special professional education and competitiveness in the labor market.
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Ďurkovičová, Jana. "Status of Third Sector Entities in the State and Society." EU agrarian Law 9, no. 2 (December 1, 2020): 21–28. http://dx.doi.org/10.2478/eual-2020-0009.
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Abstract The basic definition of the third sector comes from the sectoral division of the Slovak economy. The sectoral breakdown of the economy operates with concepts such as the public sector, the private sector, and the third sector(1). Civil society represents the third sector of society that exists alongside the state and the market. The third sector is a commonly used term for all non-governmental organizations in the Slovak Republic. Their legal form may vary. This sector is characterized by the existence of organizations that have a formal structure, non-state character, do not aim to make a profit, are independent, operate on a self-governing basis and are voluntary. The existence of non-governmental organizations and their participation in the life of society characterizes every civil society. One type of such organizations are non-profit organizations, the scope of which is regulated by the Act no. 213/1997 Coll. on Non-profit Organizations Providing Services of General Interest, as amended. They represent non-governmental non-profit organizations operating in civil society. The register of these legal entities operating in the territory of the Slovak Republic is provided by the Ministry of the Interior of the Slovak Republic. The aim of this paper is to point out the importance of the existence and scope of non-profit organizations in civil society, to analyze the legal forms of their functioning, through analysis of current legislation, available literary sources with emphasis on analysis of development and employment in non-profit organizations providing public services in the territory of the Slovak Republic in the defined period from 2016 to 2018. According to the latest available data as of 31 December 2018(2), there were 66 926 non-profit organizations registered and operating in the Slovak Republic, employing an average of 39 706 employees, while there were 3 272 of non-profit organizations providing services of general interest. The system of remuneration of employees of non-profit organizations is regulated by legislation in two ways. If the non-profit organization is not established by law, municipality, higher territorial unit or state, then it is possible to apply Act no. 311/2001 Coll. Labor Code as amended. Otherwise, if the nonprofit organization is established by law, wich means that the employee performs work in accordance with the law in the public interest, the procedure for his remuneration is in accordance with the Act no. 553/2003 Coll. on Remuneration of Certain Employees in the Performance of Work in the Public Interest and on Amendments to Certain Acts, as amended.
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Potapova, N. D., and A. V. Potapov. "On the issue of digitalization of labor relations: Theoretical and practical aspects." Digital Law Journal 2, no. 2 (July 18, 2021): 45–64. http://dx.doi.org/10.38044/2686-9136-2021-2-2-45-64.
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The article analyzes the problem of using digital technologies and the online space within the framework of labor law, based not only existing regulatory legal acts but also legislative drafts in the field of the digitalization of labor relations. Therewithal, the purpose of the study is to generalize current and future Russian legislation, to manifest the contradictions and gaps in the legislation, to evaluate laws and regulations from a practical point of view, and to elaborate proposals for their improvement. For this purpose, the authors take into account the existing experience gained in the course of experiments on the introduction of electronic document management by individual employers. The achievement of the research goals is ensured by the use of the formal legal method. First of all, the article draws attention to the tendency of expanding the differentiation of the labor regulation, caused by many factors, including the informatization of all social relations. It is concluded that the transition to an innovative, socially-oriented economy is impossible without a flexible labor market with new areas of employment, including employment through the use of information technology resources. Analyzing the practical aspects of electronic workflow, the article covers the theoretical aspect of the existence of the so-called “information legal relationship” in the subject of labor law. The analysis of the legislative drafts and the current legislation focuses on controversial wording and emphasizes that their incorrectness creates high risks of labor disputes. The authors insist that when introducing an electronic workflow, the parties should be provided with an alternative to the actions. The authors defend the view that it is necessary to clarify the scope of information transmitted by the employer to the Pension Fund of the Russian Federation when maintaining electronic employment record books with regard to the inclusion of information about employee awards in them. They also propose determining the procedures of the formation of human resources services in the Labor Code of the Russian Federation. As a final point, it is concluded that all the proposed initiatives are aimed at ensuring the tasks of the state for the introduction of digital technologies in all areas of social life, including in labor relations, and, ultimately, at achieving the optimal balance between the interests of the parties of the labor relations and the interests of the state, which is the main goal of labor legislation.
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Yurkova, Ol'ga Aleksandrovna. "Theoretical Foundations of Bringing MFC Employees to Administrative Responsibility: Problems and Solutions." Административное и муниципальное право, no. 4 (April 2022): 1–11. http://dx.doi.org/10.7256/2454-0595.2022.4.38884.
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The object of the study is public relations regulating the issues of bringing to administrative responsibility employees of multifunctional centers for the provision of state and municipal services (MFC) on the territory of the Russian Federation. The subject of the study is the regulatory legal regulation of the administrative responsibility of MFC employees. The purpose of the study is to identify the problems of administrative responsibility of MFC employees and to find ways to resolve them legally. The research used scientific-theoretical, scientific-practical, comparative-legal research method, method of comparative-legal analysis, method of legal interpretation, logical and formal-logical research method, objective methods of analysis, etc. The relevance of the topic under consideration lies in the fact that given the huge demand for MFC services in the country (up to 96% of the population coverage), the need for legal regulation of personal data protection, as well as other violations of the procedure for providing state and municipal services, sharply increases. The uncertainty of the legal status of MFC employees is a factor that prevents the legal determination of their responsibility within the framework of the law. The novelty of the study lies in the fact that current scientific research on similar topics has been analyzed, as well as in a new approach to the issue of administrative responsibility from the point of view of the special legal personality of an MFC employee. According to the results of the study, it was found that the legislation on administrative responsibility of MFC employees contains legal conflicts that prevent the appointment of a fair punishment to the subject due to the fact that within the same norm, the same punishment is imposed on subjects who take far from equal participation in the provision of state or municipal services.
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Abeyratne, Ruwantissa. "Negligent Entrustment of Leased Aircraft and Crew: Some Legal Issues." Air and Space Law 35, Issue 1 (February 1, 2010): 33–44. http://dx.doi.org/10.54648/aila2010003.
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Negligent entrustment is a civil wrong grounding an action in tort law which arises when one party is held liable for negligence because he negligently provided another party with a an object that could cause harm to another and the latter caused injury to a third party with that object. The cause of action most frequently arises where one person allows another to drive his vehicle. Common law countries apply the The Corporate Manslaughter and Corporate Homicide Act of 2007, which provides that an organization is guilty of an offence if the way in which its activities are managed or organized causes a person’s death, and amounts to a gross breach of a relevant duty of care owed by the organization to the deceased. The Act applies inter alia to a corporation. The offence is termed ‘corporate manslaughter’, insofar as it is an offence under the law of England and Wales or Northern Ireland; and ‘corporate homicide’, insofar as it is an offence under the law of Scotland. An organization that is guilty of corporate manslaughter or corporate homicide is liable on conviction to a fine and the offence of corporate homicide is indictable only in the High Court of Justiciary. The Act provides, inter alia, that the extent to which the evidence shows that there were attitudes, policies, systems or accepted practices within the Organization that were likely to have caused failures in the provision of services by the corporation could be taken into account in determining the culpability of that entity. The possible application of this legislation to air transport is a reality, as exemplified in the Helios trial which opened on 26 February 2009 in Cyprus. The trial pertains to the island’s worst air tragedy, when 121 people perished on a charter plane that slammed into a Greek hillside nearly four years ago. According to reports, at the time of writing, Helios Airways and four airline officials faced charges of manslaughter and reckless endangerment in one of the most complex and high-profile cases in the eastern Mediterranean island’s legal history. Plaintiffs, who are relatives of the dead, have called for criminal action against those deemed responsible when the Helios Airways Boeing 737–300 ran out of oxygen and crashed outside Athens in August 2005. It has also been reported that, although the authorities have not named those to be charged, the accused are known to be officials who held top management positions in the airline at the time of the crash. Against this backdrop, this article analyses the offence of negligent entrustment and draws a link between the offence and the leasing of aircraft and crew.
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Lutsenko, O. "Legal regulation of employee internship as a manifestation of labour mobility." Uzhhorod National University Herald. Series: Law 1, no. 74 (January 31, 2023): 183–90. http://dx.doi.org/10.24144/2307-3322.2022.74.31.
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In the article, the author proves that an internship can manifest an employee’s labour mobility when it is carried out within the framework of employment relations as a qualification improvement, additional activity, and flexibility of the employee in professional development and growth. Internship of employees is carried out with the aim of gaining practical experience of the person in the performance of production tasks and duties at the workplace at the enterprise after theoretical preparation before starting independent work under the direct supervision of an experienced employee. The internship is also one of the components of high-risk employment, and can also be the basis for obtaining a permit (certificate, license, etc.) to carry out a certaintype of professional activity.
The article establishes that a special legal mechanism for internships is provided for employees of certain categories, for example, for civil servants, academic staff and pedagogical employees, etc.
It was determined that the purpose of the internship is for a person to gain practical experience in performing tasks and duties at the workplace before starting independent work under the direct supervision of an experienced specialist or already in the process of working with the aim of expanding the list of professional competencies, i.e. as a manifestation of the employee’s labour mobility.
In the article, the author argues that the condition of an employee’s internship should be specified in the employment contract. And therefore, this would mean that this condition would be an additional condition of the employment contract, and after its conclusion, it would, accordingly, become mandatory for the parties to perform. And as a result, the relationship that arose during the fulfilment of this condition is labour, and the contract would not be recognized as a contract for the provision of services.
If the internship condition did not arise during the conclusion of the employment contract, but later, in such a case, we believe that an additional agreement should be concluded to the employment contract, in which the internship condition should be prescribed. If internships were to be regulated in this way, then, firstly, it would guarantee labour mobility for employees, secondly, the relations that arose during such an internship would be regulated exclusively by the norms of labour law, and accordingly, responsibility would follow under the labour legislation. thirdly, it would protect employers from non-fulfilment of the conditions for completing an internship and working for a certain period of time at this particular employer who paid for the internship.
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Bessette, Michelle M. "The Military Child Care Act of 1989." DttP: Documents to the People 48, no. 4 (December 4, 2020): 13. http://dx.doi.org/10.5860/dttp.v48i4.7477.
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The Department of Defense (DoD) operates the largest employer-sponsored child care in the nation. For Soldiers, Sailors, Airmen, Marines and more, the Military Child Care Act (MCCA) of 1989 was enacted to establish law-mandated standards for all branches. Providing high-quality, available child care to service members helps maintain a mission ready force. Before the passing of the MCCA, the services’ child care programs were tainted with poor oversight, deplorable conditions and child abuse scandals detailed in GAO reports and congressional hearings. Investigations and legislative activity leading up to the passing of the MCCA, which became law under the National Defense Authorization Act of 1990 and 1991, forced the DoD to take responsibility for a new breed of service members—the military family.As a military spouse with children and employee of the DoD who co-supervises a child development center (CDC), I understand the importance of the MCCA and am able to witness DoD’s investment in their military families. The history of abhorrent conditions has all but vanished, due in part to public access of government publications. The timeline of this legislation in combination with nongovernment publications helps tell the story of the how the military model of child care became one in which the civilian sector strives to accomplish. My decade long career of federal service, my desire to be more knowledgeable of the original MCCA and my interest in military history inspired my research. My intended audience are those unfamiliar to military child care and those who may not understand the needs and sacrifices of our nation’s military families.
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Blazic, Borka Jerman, and Mateja Gorenc. "Deviance in the Internet Use in Working Environment: Key Factors and Remedies based on an Exploratory Study." Review of European Studies 9, no. 4 (November 2, 2017): 52. http://dx.doi.org/10.5539/res.v9n4p52.
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Deviance, in a sociological context, is understood as actions or behaviours that violate social norms, including formally-enacted rules, as well as informal violations of social norms. Deviant behaviour related to Internet was studied mainly as a technology enabling misuse and addiction. In this paper deviant behaviour is studied in the context of two phenomena the addiction to the on-line services and the: abuse in the work place. Both phenomena enact the working forms and cause loss of productivity. As organizations and companies try to minimize the productivity losses resulting from their employees’ Internet abuse in work place different approaches are used to solve the problem, some of them like e-surveillance and social control are in conflict with the social norms and the legislation order. The study presented in the paper explores the relationship between a person addicted to the Internet, and the factors that influence the abuse in the workplace. The study results discover whether these two phenomena are the result of the work environment like poor organizational structure in the company or bad human relationships. Another intention of the study was to find out whether the disciplinary measures applied to deter the Internet abuse have effects on the employees behaviour. The study results have shown that the occurrence of Internet abuse in workplace is not strongly related to the work conditions like the bad relationships with co-workers or managers, the missing actions for remuneration or recognition of the good work, and lack of paths for career advancement. The awareness of being e-surveyed by the employer, or being warned with personal messages about the misuse of Internet cause the time spent on the Internet for non-working purposes by the employee to decline. The study was carried out on an exhaustive sample inform an EU member state country where the legislative approach in employee e-surveying differ from other world regions. Managers were involved in this study to light up their everyday practice in deterring the Internet abuse in work place in view of the existing law for employee privacy protection in communication.
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Begova, Tamila. "Main ways of using intellectual property." Law and innovative society, no. 2 (17) (December 30, 2021): 192–96. http://dx.doi.org/10.37772/2309-9275-2021-2(17)-26.
Full textAbstract:
Problem setting. Today, very relevant is the question of commercialization of intellectual property. A necessary prerequisite is for profit is to use the property, putting it into circulation. All intellectual property rights can be divided into the following categories: industrial property; innovative intellectual property; objects of copyright and related rights. Analysis of recent researches and publications. Among the existing problems in the field of transfer of intellectual property rights, the imperfect level of regulation of the peculiarities of the legal forms of transfer of these rights occupies a significant place. Normative regulation is limited to the general provisions on classical contractual constructions. Problems of legal regulation of contractual relations in the field of intellectual property are covered in the scientific works of V. Kryzhna, V. Milash, O. Yavorska, I. Yakubivsky and others. The issues of the place of such agreements among civil law or commercial agreements, the division of agreements in the field of intellectual law according to various criteria, the state registration of these agreements and other aspects are studied. Target of the research. The purpose of this research is to identify and make proposals to current legislation in certain areas. Article’s main body. Analysis of civil law gives grounds to argue that all objects of intellectual property rights can be divided into the following types: 1. Objects of industrial property (inventions, utility models, industrial designs, trademarks or marks for goods and services, geographical indications, brand names); 2. Non-traditional objects of intellectual property (plant varieties, animal breeds, layout (topography) of integrated circuits, trade secrets, scientific discoveries, innovation proposals); 3. Objects of copyright and related rights (literary works, works of art, computer programs, data compilation, performance, phonograms and videograms, programs of broadcasting organizations). Legislation provides for the main ways of using an invention, utility model or industrial design in the field of management. These include: 1) manufacture, offer for sale, introduction into commercial circulation, use, import or storage for the specified purpose of a product protected in accordance with the law; 2) application of a method protected in accordance with the law, or offering it for use in Ukraine under the conditions provided by the Central Committee of Ukraine; 3) offering for sale, introduction into economic (commercial) circulation, use, import or storage for the specified purpose of a product manufactured directly in a manner protected in accordance with the law. Conclusions and prospects for the development. The article is devoted to the main issues of legal support the use of intellectual property. The author analyzes the legislation on intellectual property rights, the legal nature of the concept of «use of intellectual property», and its shape. The proposals regarding the species forms of the use of intellectual property and formulated proposals for further improvement of legislation in this area. In particular, the legal form of the use of intellectual property by the following attributes: 1) agreement on the introduction of the authorized capital property rights to intellectual property; 2) contracts for manufacturing application of intellectual property; 3) agreement on the distribution of property rights to intellectual property between the employee and the employer; 4) contracts for the disposal of property rights to intellectual property; 5) other contracts that do not contradict the laws of Ukraine. This attention is focused on the fact that not solved the possibility of commercialization of intellectual property created by public research institutions financed from the State Budget of Ukraine.
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Morin, Me Fernand. "Fragilité des limites conventionnelles à l’arbitrage de grief : l’arrêt Parry Sound." Commentaire 58, no. 4 (March 23, 2004): 690–705. http://dx.doi.org/10.7202/007822ar.
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Abstract In a recent ruling (Parry Sound (District) Social Services Administration Board v. O.P.S.E.U., Local 324, 2003 SCC 42), the Supreme Court of Canada states that an arbitrator has jurisdiction to hear a dispute that involves rights guaranteed by codes, charters and employment legislation even if the arbitrator has been barred from such recourse under a collective agreement. In the case at issue, an employee with probationary status benefited from maternity leave and was discharged upon her return. Despite the clarity of the wording under the collective agreement stating that a probationary employee may not resort to arbitration, a grievance was filed and was worded as follows: [Translation] “. . . was discharged without reason and this decision is arbitrary, discriminatory, unjust and vitiated by bad faith.” Owing to the rights vesting in the employee under the Employment Standards Act (Ontario), the Board of Arbitration ruled on its own jurisdiction to hear such a grievance. This decision was quashed in judicial review (Superior Court) and but was then upheld in Court of Appeal and once again by the Supreme Court of Canada (majority 7/9). The Supreme Court of Canada began by making several observations concerning the criteria of judgment applicable to judicial review, namely that which is considered patently unreasonable. An attempt was made to distinguish between an unreasonable decision and one that would be patently unreasonable. It seems to us that such a distinction remains ambiguous and further confuses the exercising of a fair judicial review; unreasonableness should not be graded by degrees. In a second approach, the ruling establishes the relationship between State standards (Codes, Charters and employment legislation) and contractual standards. Working from the basis that State standards would be incorporated into the collective agreement, the Court establishes that the limit imposed upon the collective agreement regarding access to arbitration had the practical effect of denying the right to maternity leave, elsewhere guaranteed by law. For this reason, the arbitrator had to intervene and exercise control in order to ensure respect for established standards of public order. To achieve these ends, the Supreme Court of Canada seemed to experience considerable difficulty in qualifying the collective agreement and classified it in the category of private contracts. Such a categorization, confined to the traditional “public/private” dichotomy, dismisses the true legal and desired effect seeking to make the collective agreement a regulatory labour provision complementary to statutes governing public order and intimately related to the latter. In support of his line of reasoning, Judge Iacobucci, on behalf of the majority (7/9), repeatedly referred to the ruling: McLeod v. Egan, [1975] 1 S.C.R. 517. The referrals denied under this ruling are hardly convincing and uselessly weigh down the reasoning. Moreover, Judge Major (dissenting) also referred to it and considered that Judge Iacobucci was reading into the McLeod v. Egan ruling a purport that it just does not have. In all, we believe that the codes, charters and employment legislation serve as the basis upon which the collective agreement is built and, consequently, the parties’ contractual freedom both derives from this basis and is limited thereto. This interrelation would be analogous to that of the Constitution and employment statutes, without it being possible to affirm that the Constitution would be found to be a part of each of these statutes. This ruling is especially interesting because it recognizes the employee’s right to resort to arbitration in order to ensure respect for guarantees stipulated in employment legislation, despite wording to the contrary in the collective agreement. Parties to collective agreements and arbitrators must therefore respectively correct their approach and grant access to arbitration for all employees from the very moment that their fundamental rights are jeopardized in any way.
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Antonyuk, Iryna. "Methods of commiting fraud in the field of provision of employment mediation services." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (December 29, 2020): 318–23. http://dx.doi.org/10.31733/2078-3566-2020-4-318-323.
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It is emphasized that imperfection and the presence of conflicts in labor and civil legislation have led to the spread of abuses in the labor market. Somewhat «vulnerable» was the provision of employment services, where a fifth of the agreements between the intermediary, the employer and the employee are unpromising. It is emphasized that most employment agreements in the labor market are concluded in such a way that the terms of employment and the nature of the profession, as well as the responsibilities of the employer are very vague, resulting in Ukrainian citizens getting jobs that do not suit them, limit their rights but the terms of the agreement are not formally violated. Meanwhile, in the labor market is gaining momentum options that have elements of deception, and are no longer in the plane of civil law, and are subject to criminal law assessment. The article is devoted to the study of criminological significant features of fraud methods in the field of employment services. Attention is paid to the description of methods, clarification of their features, the implementation of their systematization. It is emphasized that fraudulent actions can be committed by persons related to the labor market - intermediaries, employers and the unemployed (61%), and persons who intentionally pretend to be such persons (49%). At the same time, fraudulent actions can be committed in different sectors of the labor market, in different periods, in different spaces. Based on different classification criteria, all options for fraudulent employment are summarized according to the following criteria: Depending on the subject: 1) persons related to the labor market; 2) persons who intentionally impersonate such persons. Depending on the industry affiliation: 1) fraudulent actions in the field of material production; 2) fraudulent actions in the field of goods and services - non-productive. Depending on the space: 1) deceptive actions in the domestic labor market; 2) fraudulent actions related to employment abroad; 3) fraudulent actions related to getting a job on the Internet (remote access). Depending on the location of employment intermediaries and employers: 1) fraudulent actions committed in offices that have a factual or legal address (fictitious and real employment firms); 2) fraudulent acts committed in "virtual employment centers". According to the legitimacy of labor activity: 1) deceptive actions when offering official employment; 2) fraudulent actions when offering illegal employment. Depending on the forms of employment: 1) fraudulent actions when offering full employment; 2) fraudulent actions when offering a flexible work schedule. Depending on the duration of employment: 1) fraudulent actions when offering long-term employment; 2) fraudulent actions when offering temporary employment (seasonal work, performing a certain type of work during a certain period, etc.).
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Jasim Mousa Aldhoori, Mohamed Mohamed Sadat, Jasim Mousa Aldhoori, Mohamed Mohamed Sadat. "The civil liability of the notary public for his own actions and for the actions of others A study in light of the UAE legislation: مسؤولية الكاتب العدل المدنية عن أفعاله الشخصية وعن فعل الغير؛ دراسة في ضوء التشريع الإماراتي." مجلة العلوم الإقتصادية و الإدارية و القانونية 6, no. 8 (March 28, 2022): 82–107. http://dx.doi.org/10.26389/ajsrp.s071121.
Full textAbstract:
The judicial function has an influential role in stabilizing relations between members of society, and there must be a clerk who assists the judge in his work, to carry one of the burdens of the judicial function on behalf of him. The notary public is one of the basic facilities in the judiciary, as he performs the tasks and competencies specified by law, and the UAE legislator explained in the Federal Law No. 4 of 2013 in Article (1) related to definitions of the law regulating the profession of notary public, as a legally competent person who performs the functions mentioned in the law, and it includes two types; They are: the public notary and the private notary. The UAE legislator defined the notary as anyone who is approved by the department or assigned to perform specific legal tasks, including ratification of documents and papers. The notary public works through the court’s headquarters and from outside, as the state has taken great strides towards developing and facilitating the mechanism for providing the services of the notary, as he provides his services from places outside the court, and his working hours extend for more than 8 hours, moreover that he provides documentation and certification services. Recently, the courts in the United Arab Emirates have licensed many lawyers to practice the profession of private notary from within their offices, which made it easier for the public to receive the service according to mechanisms and timings that meet the aspirations and needs of many businessmen and the public. The UAE legal system - in general - and Federal Law No. (4) for the year 2013 on the organization of the profession of notary public- in particular –put on the responsibility of the notary public a set of professional duties, and refers to those duties of those obligations that are directly related to his profession, i.e. the obligations of which breach constitute crimes that require criminal or civil liability or both, in addition to disciplinary liability if they are committed during the exercise of the job or on the occasion of it. Since the notary public is a public employee, and his profession is not an authority or a privilege that makes its exercise beyond accountability, but rather it is a public service, and assigning those responsible for it to be the purpose of the assignment is to be the service of the individuals and the public. And if the notary public fails to perform that service or deviate the way of right, he must be held accountable and just punishment on him become a must, as a penalty for this failure, or deviation from the right. Since the civil responsibility is the focus of our research, which derives its strength and value from the documentation profession, as it is related to the conclusion of contracts between the contracting parties, the keeping of the professional secrets during writing and the non- disclosure of secrets, this responsibility takes several forms as a responsibility and emanating from personal action or by the act of others, nor it is hidden from the legal researcher what the differences exist between the contractual responsibility system and the responsibility for the harmful act, whether in terms of the basis, nature or function, which justifies the existence of the two existing systems within the framework of that civil responsibility, whether it is related to one of the two.
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Pismenytskyi, А. А. "INFORMATION AND LEGAL COMPONENTS OF LABOR PROTECTION IN THE CONTEXT OF THE COVID-19 PANDEMIC." Labour protection problems in Ukraine 37, no. 4 (December 30, 2021): 35–43. http://dx.doi.org/10.36804/nndipbop.37-4.2021.35-43.
Full textAbstract:
The article summarizes the state of legal regulation and judicial and law enforcement practice in the field of labor relations, which arise against the background of the COVID-19 pandemic. The normative legal acts referred to by the Ukrainian authorities when making decisions on compulsory vaccination, and which serve as a normative basis for the removal of certain employees from work, are analyzed. At the same time, an analytical review of the decisions of the Supreme Court of Ukraine and the decisions of the European Court of Human Rights on appeals concerning coercion by the authorities and administrative institutions to vaccinate was carried out. Analytical materials of public associations of lawyers and the practice of the Verkhovna Rada Commissioner for Human Rights were also used for analysis. Attention is drawn to gaps in legislation and regulations on the issue of informed patient consent. Certain options for amending the relevant acts are proposed. Conclusions on the instrumental impact of information and legal aspects on the general state of labor protection in a pandemic. The author, in particular, draws attention to the fact that the state, having established the rule that without vaccinations certain categories of workers can not be admitted to work, fulfills its obligation to ensure labor protection. That is, by creating safety and health conditions at work, public authorities and employers protect not only all workers and those who receive their services, but also the person who has not received preventive vaccinations, through the mechanism of offering such an employee, for example, conditions for remote work. At the same time, the article emphasizes the fact that medical institutions and doctors are largely ignoring the provisions of current legislation on the objective information of patients undergoing vaccination. It is about informing patients about the features of different vaccines and the possible consequences of their use. And this, in turn, should lead to the informed consent of the patients themselves. Thus, informed consent in the described legal relations is a specific indicator and, at the same time, an instrument of labor protection. This, in this case, applies not only to subjects who are vaccinated, because then they receive "admission" to the place of work and the work itself, but also, separately, it is a criterion of quality working conditions of health workers, quality of medical services as an independent species. labor. And reaching the level of collective immunity, thanks to mass vaccination, creates a more global protection of the population, and thus, for its working part, and a tool to protect all types of work.
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Mould, Kenneth. "The Suitability of the Remedy of Specific Performance to Breach of A "Player's Contract" with Specific Reference to the Mapoe and Santos Cases." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 1 (June 6, 2017): 188. http://dx.doi.org/10.17159/1727-3781/2011/v14i1a2554.
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During the 1990s, rugby union formation in the Republic of South Africa developed rapidly from a system of strict amateurism to one of professionalism. Professional participants in the sport received salaries for participation, and rugby became a business like any other. As in all forms of business, rugby had to be regulated more efficiently than had previously been the case. Tighter regulations were instituted by governing bodies, and ultimately labour legislation became applicable to professional rugby. A professional sportsman or woman participating in a team sport is generally considered an employee. This means that the same principles that govern employees in general should also apply to professional sportsmen and women. The exact nature of the "player's contract", a term generally used to describe the contract of employment between a professional sportsman or sportswoman and his or her employer, deserves closer attention. It has been argued with much merit that the "player's contract", while in essence a contract of employment, possesses certain sui generis characteristics. The first aim of this article is to demonstrate how this statement is in fact a substantial one. If it is concluded that the "player's contract" is in fact a sui generis contract of employment, the most suitable remedy in case of breach of contract must be determined. The second aim of this article is to indicate why the remedy of specific performance, which is generally not granted in cases where the defaulting party has to provide services of a personal nature, is the most suitable remedy in case of breach of "player's contracts". To substantiate this statement, recent applicable case law is investigated and discussed, particularly the recent case of Vrystaat Cheetahs (Edms) Beperk v Mapoe. Suggestions are finally offered as to how breach of "player's contracts" should be approached by South African courts in future.
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Boiko, I. V., and O. N. Andreenko. "Critical analysis of attempts to recognize an occupational disease as a non-insured event on the basis of the peculiarities of the disease investigation procedure." Russian Journal of Occupational Health and Industrial Ecology, no. 12 (December 25, 2019): 1020–24. http://dx.doi.org/10.31089/1026-9428-2019-59-12-1020-1024.
Full textAbstract:
The current legislation clearly declares the guarantee of insurance compensation to the employee in connection with the diagnosis of occupational disease. Meanwhile, in recent years there have been precedents of recognition by the Social Insurance Fund of established cases of occupational diseases not insured in connection with claims to the correctness of the procedure of their investigation.The article analyzes court cases in which patients with an established diagnosis of occupational disease challenged the refusal of the insurer (Social Insurance Fund) in the appointment of insurance payments, motivated by a reference to violations of the established procedure for the investigation of occupational diseases.The insurer motivated its refusal to assign insurance payments to patients with the following arguments:— appeals of the patient to doctors at the time of establishment of the preliminary diagnosis of occupational disease were not entered in registers of rendering medical services;— sanitary and hygienic characteristics of working conditions of the patient was not based on proper documents;— examination of the connection of the disease with the profession was carried out on the personal application of the patient without registration of the direction from the medical organization;— examination of the connection of the disease with the profession was carried out in the Department of professional pathology of a medical organization that is not a vocational center;— the staff of the Department of professional pathology did not meet the requirements of normative documents;— violation of rules of registration of the notice on establishment of the fi nal diagnosis of chronic occupational disease is allowed;— the representative of the Social Insurance Fund was not included in the commission that drew up the act on the case of occupational disease.In the vast majority of cases, the violations, if any, were of the nature of technical errors and did not affect the essence of the expert opinion on the existence of a connection between the disease and the profession. In such a situation, the categorical refusal to appoint insurance payments to the patient seems unreasonable. Th e claims of the Social Insurance Fund, with a constructive approach, could be settled without a court by contacting the insurer to medical organizations and health authorities. It is necessary to correct the regulations on compulsory insurance against accidents at work and occupational diseases. Th e rules of law should not allow categorical refusal in the appointment of insurance payments to the patient, whose diagnosis of occupational disease, which led to a decrease in working capacity, is established on the merits correctly. Claims of the insurer to the procedure of investigation of a case of occupational disease are most rationally considered in the pre-trial procedure within the framework of the dialogue of the Social Insurance Fund with local health authorities.
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"Social Assistance and Social Services for Citizens during the Quarantine Period from a Pandemic (On the Example of Uzbekistan and International Experience." Regular 9, no. 3 (September 30, 2020): 418–24. http://dx.doi.org/10.35940/ijrte.c4492.099320.
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The article considers the state policy of social protection of the population in the Republic of Uzbekistan. Methods of legal regulation of social security law. The system of social security law is analyzed. The history of formation and development of social security in the Republic of Uzbekistan is studied. Attention is paid to the rights of social security during the period of quarantine from a pandemic, and international legislation and experience are comparatively analyzed . The article deals with themain characteristics of the legal regulation of remote workers ' labor; theconcept and features of remote laboras a subject of labor law. The authors analyzed therelationship of an employment contract with a remote employee with other labor contracts. Legal acts in the field of regulating the work of remote workersin the context of a pandemic have been studied. Features of concluding an employment contract with a remote employee. Electronic interaction during the pandemic period, whichis under the control of the employer; - interaction between the employer and the employee is carried outusing public information and telecommunications networks.
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"The Process of Health Legislation Reform in the Republic of Slovenia." European Journal of Health Law 7, no. 1 (2000): 73–84. http://dx.doi.org/10.1163/15718090020523061.
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AbstractSlovenia was among the first European countries to introduce laws and regulations in the social security field, including public health. The current health legislation is the culmination of a century-long development of the health care system through different periods and diverse political and economic conditions affecting the region. The present organization of the health care system reflects the pattern of partnership which already existed in the former Yugoslavia. The ultimate goal of all countries is to implement health care activities within a system ensuring active participation and partnership of citizens who are universally covered by a public health insurance scheme, health legislators and providers of health services. Slovenia has therefore not been confronted with any major difficulties in implementing health care system reforms. By amending and modifying its health legislation Slovenia will build upon its good points, improve clarity and integrate certain approaches important for the functioning of its health care system in the European Union when Slovenia becomes a full member. Changes are directed towards:strengthening inter-sectoral cooperation and health and safety at work;creating environments supporting a healthy life style and emphasizing personal responsibility for one's own health;— maintaining a unified public health insurance scheme and sufficient financing through employer and employee contributions;— introducing voluntary health insurance;— developing in a controlled way an efficient and effective private medical practice;— strengthening of management in public health institutions and increasing staff's responsibility for business success.— implementing quality improvement systems.
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Pasichnyk, V. "Labor safety as a social component of the national security of Ukraine in the context of European integration: legal aspect." Democratic governance, no. 27 (June 9, 2021). http://dx.doi.org/10.33990/2070-4038.27.2021.239238.
Full textAbstract:
Problem setting. Social stability, a high-quality living standard for the population, and the creation of prerequisites for a decent level of living and development of society directly depend on the level of ensuring social security as a component of the national security of Ukraine.
Recent research and publications analysis. Some aspects of the regulatory labor protection support are shown in the works of M. Baru, V. Venediktova, S. Voloshyna, D. Karpenko, L. Lazor, I. Shamshyna, V. Chernadchuk, O. Yaroshenko, and others. However, the peculiarities of labor protection as a social component of national safety in the context of Ukraine’s integration into the European Union require some further scientific research, and the regulation of these features definitely needs to be improved.
The article aims to analyze the regulatory support of labor safety as a social component of national security, taking into account the processes of European integration of Ukraine, and to clarify the regulatory context of reforming its system.
Highlighting previously unsettled parts of the general problem. The contradiction and inconsistency of the provisions in the Ukrainian legislation as for labor safety and the presence of numerous gaps in it determines the necessity to study this problem of the regulatory support for labor protection as a social component of the national security of Ukraine in the context of European integration.
Paper main body. The main priority for ensuring national security is the protection of life and health, human and civil rights, and freedoms. National security is a system of measures to ensure the state of the Ukrainian people (nation) as an independent subject of political power and an equal participant in international relations, the bearer of sovereignty and the main source of power in their country, when the vital interests of a person and citizen, society and the state are optimally balanced and protected. There are no threats to the national interests, national values, and national way of life, and its independence, stability, self-development, and progress are ensured. National security is a complex multidimensional phenomenon that combines military, social, economic, political, informational, and environmental components. So, labor safety is an important social component of national security, because it provides for the adoption of necessary measures aimed at preserving life, health, and working capacity of a person in the process of work and avoiding accidents in future. Providing public stability and meeting Ukrainian national interests largely depends on ensuring labor safety.
The law of Ukraine “On labor protection” of 14.10.1992 establishes a single procedure for organizing labor protection by regulating relations between an employer and an employee on issues of labor safety, health and the working environment, and the determination of basic provisions on the realization of the constitutional right of workers to protection of their life and health in the course of labor activity, to proper, safe and healthy working conditions.
Ukrainian legislation defines labor protection as a phenomenon related to almost all spheres of society (socio-economic, political, legal, etc.). At the same time, the scientific community considers the concept of labor protection in various aspects.
In this case, the concept of “labor protection” covers its definition of “labor safety” as the protection of the employee from the risks associated with the labor process.
Thus, labor safety as an element of worker protection is the social component of national security that involves necessary measures to saving human life, health, and working ability and avoiding future accidents.
Conclusions of the research and prospects for further studies. Based on the previous information, we can conclude that labor safety is an important social component of the national security of Ukraine. The international legal system and European standards of labor protection are based on the principles of protection and defense of human and civil rights. Therefore, the adaptation of local legislation to international and European legislation will help to improve existing legal norms and create new ones that will contribute to labor safety and stability in society and strengthening the national security of Ukraine.
In the case of Ukrainian adaptation to international and European legislation, the requirements of European norms and standards in the field of labor safety provide for the solution of the following urgent tasks: ensuring safe working conditions, prevention of occupational injuries and diseases, providing the safety of products and services. At the same time, the use of economic levers and incentive principles is crucial.
Legislative adaptation has to be based on systematic and preventive approaches to ensure workers their labor safety and health.
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Widarto, Widarto, Rijalul Gadi, and Singgih Priono. "PERKEMBANGAN OJEK ONLINE DIKOTA BANJARMASIN." AL-ULUM : Jurnal Ilmu Sosial dan Humaniora 5, no. 1 (June 12, 2019). http://dx.doi.org/10.31602/alsh.v5i1.1988.
Full textAbstract:
The purpose of the research is to know the development of Ojek line, knowing the factors that inhibit the development of Ojek on line and to know the factors that support the development of Ojek on line in Banjarmasin CityThis research uses descriptive methods. Key informant in this case is the employee who came from the Department of Communication and Informatics of Banjarmasin City, while the informant is the users of taxi services on line and the perpetrator Ojek on line. To sharpen research derived from two sources, sourced from primary data, primary data obtained from interviews with key informant and informant, so that the data according to the problems studied, the second source is the data seconder. Development on line Ojek in the city of Banjarmasin has increased year after year, nevertheless the Ojek on line is still not fully handled by the Office of Communication and Informatics communications, so that there is no accurate data Number of Ojek on line this.The supporting factor of the existence of the Ojek on line is seen from several aspects, namely from the economic aspects, Ojek on line Create new jobs, so as to increase the income of members of the community, in terms of social, ojek on line will Reducing unemployment rate, reducing traffic flow congestion. In terms of law, there are legislation that is used as the basis for the operation of Ojek on line.The factor that has taken the development of Ojek on line is seen in terms of legal aspects is the absence of regional regulations that can be used as a reference to act on Ministerial Regulation 108 year 2017 on the transport of people Transportation Public motor is not on the route, including instructions and technical instructions, in addition, also comes from members of the community who still use the traditional ojek, so that the Ojek on line is not moving freely. Keywords: Developing, transportation online
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Degtyarova, Olga. "SOME ASPECTS OF CONDUCTING EXPERT RESEARCH ON SALARY ACCOUNTING AND PAYMENT OF WAGES." International scientific journal "Internauka". Series: "Juridical Sciences", no. 9(55) (2022). http://dx.doi.org/10.25313/2520-2308-2022-9-8238.
Full textAbstract:
Introduction. To carry out their activities, business entities enter into social and labor relations, concluding employment contracts with employees. Today, 90% of the economically active population is in social and labor relations [1, p. 9]. For his work, a person receives a reward, the accounting and documentation of which is entrusted to the employer. Accounting for labor costs is one of the most difficult and time-consuming areas of accounting due to the instability of labor and tax legislation, as well as business conditions. Errors in the calculation of wages automatically lead to a number of errors and violations in the accounting of deductions from wages (primarily personal income tax as a budget-forming payment of the local budget) and income tax, since wages are one of the components of the cost of products (works, services) . This has a devastating effect on both the development of the national economy and the income of the employee himself. In addition, there is a growing trend in the number of business entities that withhold or do not pay wages to their workers in full, explaining this by the lack of funds in bank accounts. According to similar facts, the number of open criminal cases and the number of appointed judicial economic examinations regarding the correctness of calculation and timeliness of salary payments are increasing. Purpose. The purpose of the research is to generalize the legislative framework on the legality and justification of the calculation and payment of wages to employees, documentary confirmation of violations of the current legislation in this area, as well as the formation of recommendations aimed at expanding the possibilities of conducting expert research on the calculation and payment of wages. Materials and methods. The materials of the research are: 1) regulatory and legal support for calculation and payment of wages; 2) works of domestic scientists and practitioners-forensic experts regarding the organization of work, calculation and payment of wages to employees of the enterprise. In the process of research the following scientific methods were used: theoretical generalization and grouping (to characterize the components of the accounting process regarding the calculation and payment of wages, to group factual information regarding primary documents, accounting registers, reporting documents); method of comparison (to identify cause-and-effect relationships between underpaid wages and losses, as well as non-targeted spending of funds in the presence of arrears for payment of labor), logical generalization of results (formulation of conclusions). Results. The scientific article summarizes the legislative acts of Ukraine and the normative acts of the local level, which regulate the process of calculation and payment of wages to employees. The list of documents that must be provided to the expert to carry out a comprehensive and complete study of the correctness of the calculation and payment of wages is determined. Attention is drawn to the difference between the employment of citizens under labor and civil law contracts. A methodical basis has been formed for conducting a sound economic examination regarding the calculation and payment of wages. Discussion.In further scientific research, it is proposed to focus attention on the validity of the charging of additional payments for the combination and simultaneous (professions) of positions to employees, documentary evidence of the illegal charging of additional payments for the combination or simultaneous (professions) of positions that caused damage (irreversible loss of assets) to the enterprise of the state sector of the economy.