Academic literature on the topic 'Employees – Dismissal of – France'
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Journal articles on the topic "Employees – Dismissal of – France"
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Cuniberti, Gilles. "The European Court of Human Rights: Sabeh El Leil v. France." International Legal Materials 51, no. 1 (February 2012): 1–16. http://dx.doi.org/10.5305/intelegamate.51.1.0001.
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In Sabeh el Leil v. France, the European Court of Human Rights (‘‘ECtHR’’ or ‘‘the Court’’) ruled for the second time that a contracting state had violated the right to a fair trial afforded by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘‘Convention’’) by denying access to its courts to an embassy employee suing for wrongful dismissal on the grounds that the employer enjoyed sovereign immunity. The ECtHR had first ruled so a year earlier in Cudak v. Lithuania, where the plaintiff was also an embassy employee.
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Signoretto, Camille. "Mutually agreed termination, job destruction and dismissals." International Journal of Manpower 37, no. 8 (November 7, 2016): 1365–86. http://dx.doi.org/10.1108/ijm-11-2014-0224.
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Purpose The purpose of this paper is to study the implementation of a new open-ended contract termination in 2008 in France, called the rupture conventionnelle (RC), which is a mutually agreed contract termination. More precisely, this paper analyses first the impact of the RC on the employers’ termination decisions (termination or not?). Then it seeks to provide empirical evidence of a substitution between the RC and other contract terminations (if there is termination, what types?). Design/methodology/approach The approach is first empirical. The author uses two matched firms’ data sets: one relating to the movement of employees and other from accounting data from 2006 to 2009. Using a propensity score matching method, the author creates two similar (from observable characteristics) firms’ groups – those that used RC in 2009 and those not. The author compares the evolution of the employment decisions between the two groups between 2008 and 2009 in order to identify the specific effect of the RC in the user firms. Findings The results indicate that the introduction of the RC tends to increase workforce exits and does lead to much more job destruction in the user firms, i.e. job destruction would have been weaker in the user firms if the RC had not been implemented. Substitutions with dismissals for personal reasons and for economic reasons also may have appeared, albeit weakly. Originality/value The RC seems an important measure to make the labour market more flexible, especially in France where EPL is often criticize for its rigidities. But few studies analyse the consequences of this new institutional rule on firms’ behaviour and with firms’ data set. Then this paper provides first some understanding and assessment of the economic effects of the RC.
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Körner, Marita. "German Labor Law in Transition." German Law Journal 6, no. 4 (April 1, 2005): 805–15. http://dx.doi.org/10.1017/s2071832200013936.
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For decades, German labor law has been among the most advanced in the world, although no labor code was ever enacted like, for e.g., in France with its ‘Code du travail’ adopted on 15th November 1973. In Germany, after World War II, German labor legislation developed a great variety of specific Acts covering individual and collective labor law. Basics, like protection against dismissal or collective bargaining, as well as employee participation in works councils, reached a high level. Although German law belongs to the Continental legal systems and thus is mainly based on legislation, some of the most important aspects of collective labor law, especially trade union law and the right to strike are not regulated by statutory law. Bundesarbeitsgericht (the Federal Labor Court) and Bundesverfassungsgericht (the Federal Constitutional Court) filled in the blanks step by step in a variety of decisions. Accordingly, these crucial fields of labor relations are based on mere case law. It turned out to be politically impossible to get trade union law and the law on strike and lock-outs enacted. Despite statements to the contrary, the parties involved seem to be content with this rather flexible handling. On the whole, German labor law became more and more protective over the years, including aspects like equality and prohibition of discrimination in employment, sick-leave payment, and the possibility to claim a part-time job under the 2000 Act on Teilzeit- und Befristungsgesetz – TzBfG (Part Time and Temporary Work).
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Dorocki, Sławomir. "Wpływ kryzysu gospodarczego na przemiany struktur regionalnych Francji." Studies of the Industrial Geography Commission of the Polish Geographical Society 17 (January 1, 2011): 67–86. http://dx.doi.org/10.24917/20801653.17.7.
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It is recognized that the financial crisis, which was the symbolic beginning of the bankruptcy of Lehman Brothers in September 2008, first hit the most advanced countries. A common phenomenon in European countries has become a trend reversal in the labour market, manifesting a decrease in the number of employees. The decline in employment was almost two times higher in developed countries than in developing countries. In developing countries the crisis hit the hardest into export-oriented industries, while in developed countries, into manufacturing industries and trade. Dismissals in building industry relate to a similar extent to different regions of developed countries and developing countries. Economists note that the economic crisis and the differences in pace of its impact on the economy of individual units reduced in recent years the gap between rich regions and those lagging behind. The study was an attempt to present regional differences in the impact of financial crisis of economy in France on the basis of data characterizing the change in general employment and industry, services and trade. The particular attention was directed to the relationship between the extent of the impact of the crisis on employment size and the degree of economic development.
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Garaudel, Pierre, Rachel Beaujolin, Florent Noël, and Géraldine Schmidt. "Understanding the Pathways to Above-Mandatory Severance Pay When Downsizing: A Qualitative Comparative Analysis of 20 Cases in France." Articles 71, no. 1 (March 29, 2016): 80–108. http://dx.doi.org/10.7202/1035903ar.
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When it comes to negotiating over a collective dismissals plan, the French national legal framework explicitly encourages social partners to favour outplacement services over significant indemnity payments. However, significant above-mandatory redundancy payments are commonly granted to laid-off workers. Based on these factual observations, this article aims to identify the antecedent conditions, or, more precisely, the combinations of conditions, that lead to the granting of a large severance pay. We conducted a qualitative comparative analysis (Crisp set QCA) methodology applied to 20 monographs on downsizing operations that took place in France during the 2000s. The results show that above-mandatory severance payments are closely related to two major dimensions characterizing the economic and social context in which restructuring processes are carried out. The first one is about the balance of power prevailing between the company decisionmakers and the employees. This balance of power dimension is subsumed by two distinct conditions: the availability of financial resources and the presence of active unions. The second dimension relates to the moral and economic damages inflicted upon laid-off workers. This dimension is intrinsically connected to two downsizing process features, i.e. the perceived degree of legitimacy associated with the downsizing process and the degree of employability associated with the laid-off workers. Most notably, it appears that none of the identified conditions is sufficient by itself to induce the payment of a significant above-mandatory indemnity. However, some causal conditions may induce the outcome variable when they are combined with some specific other antecedent conditions. Thus, our research shows that the financial resource condition leads to the granting of an above-mandatory indemnity either in conjunction with a low degree of worker’s employability or in conjunction with both a weak perceived legitimacy of the restructuring process and the presence of active unions.
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Rumyantsev, Nikolay V., and Svetlana N. Andreeva. "Solution of Labor Disputes Related to Illegal Dismissal of Employees: Problems and Statistics." Administrative law and procedure 8 (July 22, 2021): 72–75. http://dx.doi.org/10.18572/2071-1166-2021-8-72-75.
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The problem of illegal dismissal of employees remains relevant. The increase in the number of employees infected with coronavirus and the introduction of restrictions for enterprises and organizations brings this problem to a new level. The authors describe the main problems associated with the illegal dismissal of employees. Statistical data on illegal dismissal in the country are provided.
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Kyselova, O. I., and I. V. Kordunian. "Protection of employees' labor rights during the quarantine." Legal horizons, no. 25 (2020): 65–70. http://dx.doi.org/10.21272/legalhorizons.2020.i25.p65.
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In this article, the impact of the global pandemic on the organization of work at enterprises in Ukraine, and the protection of workers’ labor rights during the quarantine was overviewed. The grounds for dismissal of employees in Ukraine, which are provided in the Labor Code of Ukraine, were analyzed. Such forms of termination of the employment contract as dismissal at the employer’s initiative, termination of the employment contract at the employee’s initiative, and by agreement of the parties were explored. When terminating an employment contract at the employee’s initiative and by agreement of the parties, the main condition is the desire of the employee. The employer cannot force him/her to resign voluntarily. It was found that dismissal can be considered legitimate if there are two conditions: there must be one of the grounds for dismissal provided by the Labor Code, and the dismissal procedure must be followed. The dismissal procedure includes the need to acquaint the employee with the dismissal order, compliance with the deadlines for payment upon dismissal, and compliance with the deadlines for the issuance of employment records. The scope of employees’ rights during quarantine and the scope of guarantees provided in the event of dismissal of an employee was determined. If the employee works at an enterprise, institution, organization, the employer must provide appropriate working conditions, for example, provide the employee with personal protective equipment (masks). The law provides a number of guarantees for employees who have been fired (depending on the grounds for dismissal): payment of severance pay, the possibility of transfer to another position, compensation in case of violation of the terms of issuance of the employment record book, etc. The new legal framework, which was created to regulate labor relations during the quarantine, such as Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Aimed at Preventing the Occurrence and Spread of Coronavirus Disease (COVID ‑ 19)” № 530 ‑ IX of March 17, 2020, and Law of Ukraine “On Amendments to Certain Legislative Acts Aimed at Providing Additional Social and Economic Guarantees in Connection with the Spread of Coronavirus Disease (COVID ‑ 19)” № 540 ‑ IX of March 30, 2020, were analyzed. Such forms of organization of work at the enterprise in the conditions of quarantine as a remote mode of work, a temporary mode of downtime, etc. were overviewed. It was found out that vacation leave is an employee’s right, not an obligation, so the employer cannot force the employee to go on leave. In case of illegal dismissal, the employee has the right to file a lawsuit with a request to reinstate, change the formulation of the reasons for dismissal or make the payment of average earnings during the forced absence. It is important to follow the deadlines for applying to the court. For example, in the case of dismissal, this period is one month from the date of delivery of a copy of the dismissal order or from the date of issuance of the employment record.
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Norén, Ronny. "Dismissal of employees in Swedish manufacturing." Journal of Policy Modeling 26, no. 2 (February 2004): 151–64. http://dx.doi.org/10.1016/j.jpolmod.2004.01.002.
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Bortnyk, S. M. "Some Aspects of Legal Regulation of the Dismissal from Work: Features, Types and Social Guarantees." Law and Safety 81, no. 2 (July 2, 2021): 136–43. http://dx.doi.org/10.32631/pb.2021.2.18.
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Based on the analysis of the norms of general and special labor legislation of Ukraine, the author has researched the problem of legal regulation of one of the preventive measures of labor law – dismissal from work. The procedure of dismissal from work within the mechanism of legal regulation mainly performs a preventive function. The problem of dismissal from work in labor law has not been studied enough. A number of provisions regulating the relationship that has developed in case of dismissal are scattered across various regulatory acts. Some of those relationships are not regulated at all.
Dismissal is often equated with the transfer, removal or displacement. In this case employees’ labor rights and guarantees are violated.
It has been found out that the institution of dismissal from work at the present historical stage of development has its own characteristics of normative regulation. To date, neither labor law nor caselaw has agreed on a single generally accepted definition of the term of “dismissal from work”.
Based on the study of scientific views of scholars and taking into account the analysis of the norms of general labor legislation, the main characteristics of the definition of “dismissal from work” have been identified. It has been found out that the definition of “dismissal from work” differs from “deprivation of office”; the author has studied the features of “dismissal from work”, types and social guarantees for employees at the time of dismissal.
It has been noted that dismissal from work is atypical legal measure that employers apply to employees in some cases within labor law. It has temporary nature, it is intended to prevent the employee from work, it can be applied both through the fault of the employee and without the fault of the employee, it is usually free of charge.
It has been emphasized that there is a need to develop and adopt a normative act, which should clearly define the cases of dismissal, its tasks and objectives, procedure and consequences of application. It is also necessary to enshrine guarantees of observance of employees’ rights at the time of dismissal in regulatory acts.
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GET’MAN, V. G. "IMPROVEMENT OF CERTAIN PROVISIONS OF THE LABOR CODE OF THE RUSSIAN FEDERATION RELATED TO THE DISMISSAL OF EMPLOYEES." EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 1, no. 5 (2020): 20–25. http://dx.doi.org/10.36871/ek.up.p.r.2020.05.01.003.
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The article deals with situations related to the dismissal of employees of companies, in particular those for which separate additions and/or changes must be made to the Labor code of the Russian Federation. It relates to the dismissal of employees who are members of the Labour Union; issuing certificates and other documents of the dismissed workers; compensation for moral damages in illegal dismissal; payment of bonuses by results of work for the year laid-off employees prior to the completion of it, etc. The article in all of these situations justified proposals, which should be set out in the legislation.
Dissertations / Theses on the topic "Employees – Dismissal of – France"
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Befre, Pierre. "La liberté d'expression des salariés." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020066.
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Salariat et liberté d'expression : la contradiction apparaît irréductible. La subordination inhérente à la relation de travail semble en effet exclure l’exercice de cette liberté. Le salarié, parce qu’il demeure citoyen, doit toutefois en jouir de façon effective. Le représentant élu et désigné, parce que le mécanisme de la représentation collective l’exige, doit également le pouvoir. Accorder au salarié une telle liberté peut s’avérer dangereux pour l’autorité de l’employeur ou la survie de l’entreprise. Des notions floues, complexes à circonscrire, telles que l’obligation de confidentialité ou l’abus, peuvent autoriser l’employeur à restreindre l’exercice par le salarié de la liberté d'expression et à le sanctionner. Face au mutisme du législateur et à l’indécision du juge, l’insécurité règne. S’impose alors de dégager une définition plus précise et une articulation plus cohérente des règles légitimant tant l’exercice par le salarié de cette liberté que sa limitation par l’employeur. Bien que périlleuse, cette quête d’équilibre mérite d’être entreprise afin que le caractère nécessaire de cette liberté au monde du travail se révèle. Salariat et liberté d'expression : la contradiction n’apparaîtra qu’apparenteThe employee status and freedom of expression : the contradiction appears to be irreducible. The subordination, which is inherent to the employment relationship, seems indeed to exclude the exercice of such freedom. The employee, because he remains a citizen, must however enjoy it in an effective way. The elected and designated representative, because the collective representation mecanism commands it, must enjoy it as well. Granting the employee with such freedom may prove dangerous for the authority of the employer and the survival of the company. Vague notions, that are hard to define, such as the duty of confidentiality or the abuse of right, authorize the employer to restrict the exercice of this freedom by his employee and to sanction him. Given the legislative mutism and the judge's indecision, insecurity is prevailing. It therefore becomes essential to draw a more precise definition and a more coherent articulation of the rules legitimating the exercise of this freedom by the employee, as well as its limitation by the employer. Althought it is jeopardous, this search for balance deserves to be attempted, so that it is revealed that such freedom is essential to the world of work. The employee status and freedom of expression : the contradiction will eventually reveal to be only apparent
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Collet-Thiry, Nicolas. "L'encadrement contractuel de la subordination." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020012/document.
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Le contrat de travail fonde la relation de travail et institue le rapport de subordination qui se concrétise par la concession d’un pouvoir à l’employeur. C’est donc aux parties qu’il revient de définir l’étendue, le domaine et les limites du pouvoir patronal. Le salarié ne consent qu’à une subordination strictement définie et encadrée par le contrat. Une analyse objective de la volonté implicite des contractants, au regard de leurs attentes légitimes et de la finalité du pouvoir institué, et à la lumière des exigences du droit commun des contrats (notamment l’exigence de détermination de l’objet des obligations) et des droits fondamentaux (en premier lieu le droit à la protection de la santé) permet d’identifier leurs droits et obligations réciproques : quelles sont les prérogatives que l’employeur est habilité à exercer ? Quelles sont les données du rapport d’emploi qui ne peuvent être remises en cause unilatéralement ? Par ailleurs, le salarié tire du contrat plusieurs pouvoirs d’initiative (exception d’inexécution, prise d’acte) lui permettant de réagir à un manquement de l’employeur. Ceux-ci concourent à l’effectivité des prévisions contractuelles et témoignent d’une réhabilitation du salarié en tant que contractant : contractant subordonné, certes, mais contractant à part entière avant toutThe employment agreement establishes the work relationship and institutes the relation of subordination which is reflected by a grant of power to the employer. It is thus up to the parties to define the extent, scope and limits of the employer’s authority. The employee only consents to a subordination strictly defined and controlled by the contract. An objective analysis of the implicit will of the contracting parties, with regard to their legitimate expectations and the finality of the authority instituted, and in light of requirements of contract law (notably the requirement to determine the object of obligations) and fundamental rights (primarily the right to health protection) enables to identify their mutual rights and obligations: which prerogatives the employer is entitled to exercise ? Which elements of the employment relationship cannot be altered unilaterally ? Besides, there are several powers of initiatives which the employee derives from the contract (exception of non-performance, constructive dismissal) allowing the employee to react to a breach by the employer. These contribute to the effectiveness of the contractual provisions and reflect a reinstatement of the employee as contractor : a subordinate contracting party, certainly, but a contracting party in its own right first and foremost
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Diedericks, Shaun Sylvester. "Aspects of constructive dismissal." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1011641.
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Before the introduction of the concept of constructive dismissal in the LRA, the old industrial courts relied on the strides made in this field by the English and American courts. Constructive dismissal is the fourth type of dismissal and it is instituted by the employee through his/her resignation, unlike the other three types of dismissals which is instituted by the employer. Section 186(e) of the LRA defines constructive dismissal as the termination a contract of employment with or without notice by the employee because the employer made continued employment intolerable for the employee. With a fundamental breach in the contract of employment employees have a choice to either base their claims on constructive dismissal in the LRA or repudiation of the contract in common law, depending on the circumstances. Landmark judgments like Jooste v Transnet and Pretoria Society for the Care of the Retarded v Loots set the tone for constructive dismissal law in South Africa. It introduced the concept of intolerability as well as looking at the employer‟s conduct as a whole and judging it reasonable. The test for constructive dismissal throughout the evolution of case law in South Africa has not changed. Constructive Dismissal under the common law is also discussed in depth by looking at the landmark judgment of Murray v Minister of Defence. Sexual Harassment in the workplace is of a growing concern. If continued sexual harassment makes continued employment intolerable, the employee subjected to the harassment has the option of resigning and approaching the CCMA or bargaining councils, and claim that they have been constructively dismissed. Cases such as Payten v Premier Chemicals and Gerber v Algorax (Pty) Ltd really shows us how difficult it is to proof constructive dismissal as a result of sexual harassment because in most instances there won‟t be witnesses and it would be a case of he said, she said. These cases also show us that it can be proven based on a balance of probabilities. Grogan states that in dismissal proceedings, the onus is on the employees to prove that they were in fact dismissed and on the employer to show that the dismissal was fair. Section 192 of the LRA places another burden on the employee that requires him to not only prove the existence of a dismissal, but also that the conduct of the employer was intolerable. Unlike normal dismissal cases, commissioners generally award compensation as a remedy for constructive dismissal. A claim by an employee for reinstatement would be contradicting a claim that the employment relationship became intolerable and an award for reinstatement would be very inappropriate in a case of constructive dismissal. In short, unlike a normal dismissal, a constructive dismissal is a termination of the employment contract by the employee rather than the employer‟s own immediate act.
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Monama, Bonga Justice. "Dismissal for stock loss." Thesis, University of Limpopo, Turfloop Campus, 2013. http://hdl.handle.net/10386/1111.
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Van, der Walt Natasha. "Dismissal due to excessive ill health absenteeism." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1286.
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In a globally competitive market place companies strive to become as efficient as possible. Absenteeism is a worldwide problem as it impacts on company efficiency and cost effectiveness. A large portion of absenteeism can be attributed to ill health absences. Companies have prioritized the need to find ways of managing and reducing absenteeism. In South Africa such processes have to occur within the confines of a constitutional right to fair labour practices and other prescriptive labour legislation. The issue is somewhat complicated by the fact that employees have a right to paid time off due to illness. It is thus clear that not all ill health absenteeism can be deemed problematic. A balancing act needs to occur between the operational needs of the employer and the rights of employees. Ill health absenteeism becomes problematic once a threshold is reached at which point it becomes intolerable for the employer, thus deemed excessive. Excessive ill health absenteeism is not a difficult concept to understand, however it is not specifically defined. A universal concept of when absence is deemed to have reached the threshold of excessiveness does not exist and varies from one employer to the next. Excessive ill health absence is a multi-facetted concept (as a result of the various types of ill health absence) and thus a universal process cannot be adopted to deal with all types of excessive ill health absenteeism. In an attempt to deal with the different types of ill health absenteeism it is pertinent to categorize the issues. The author suggests various ways of dealing with ill health absenteeism, depending on the facts of each case. A misconduct process should only be applicable in instances where it can be proved that sick leave is used inappropriately or the reason for absence is unknown. Although case law suggests the prevalence of dealing with ill health absence as misconduct, especially in the case of persistent short term absence, these cases rarely prove that abuse is taking place. Suspicions regarding abuse without proper evidence to support such claims will not satisfy the substantive fairness requirements. In the event that illness is of a medium to long term nature, an ill health incapacity process may be the most appropriate process to apply, as in such instances a clearly distinguishable illness exists, which makes accommodation less problematic. Such a process is less suited to persistent short term absence as this can be the result of many illnesses or injuries. In the case of persistent short term absence, the individual may be fully capable of performing their duties upon returning to work, however their frequent absence causes unreliability and inefficiency. It is clear in this instance that accommodation cannot take place due to the unpredictable nature of the absences. The concern with persistent short term absence is less with the illness or illnesses displayed and more with the absences itself. The author suggests that it may be appropriate to deal with such absences on the basis of incapacity due to poor work performance. This assertion is based on the fact that the concern is with frequent short term absence that causes the employee to be unreliable; however the illnesses are not of such a nature that it can warrant accommodation. If it is accepted that the employee is not malingering or if the malingering cannot be proved the employee has failed to meet a performance standard (attendance standard). It is suggested that as part of any incapacity investigation consideration should be given to whether the illness or injury can be deemed a disability. This is necessary as disabled individuals are afforded special protection and treatment. A dismissal of an incapacitated individual that is actually deemed “disabled” could be held to be automatically unfair and therefore it is pertinent that this is established at the outset.
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Boy, Anthony Albert. "Dismissal for medical incapacity." Thesis, Nelson Mandela Metropolitan University, 2004. http://hdl.handle.net/10948/d1016262.
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Labour law in South Africa has evolved over the past century at an ever increasing pace. The establishment of a democratic government in 1995 has been the trigger for a large number of labour law statutes being promulgated, particularly with reference to the laws governing the employment relationship and dismissal. From very humble and employer biased dispute resolution application under the common law of contract, labour law in this country has evolved through the various acts culminating in a labour law system which is highly regulated and codified. Dismissal for medical incapacity in this treatise is reviewed with regard to the applicable statutes and the various codes of good practice as the law has evolved and developed from the period covered by the common law through that covered by the 1995 LRA up to and including the current period. Particular attention is paid to both substantive and procedural requirements as well as the remedies applicable under the different legal regimes and the pertinent tribunals and courts. Regard is also given to the duration and causes of incapacity and the effect this may have on the applicable remedy applied by these tribunals. It will become apparant that the medically incapacitated employee occupied a relatively weak and vulnerable position under the common law as opposed to the current position under the 1995 LRA. The influence of the remedies applied by the tribunals under the 1956 LRA are clearly evident in the current regulations and codes under the 1995 LRA which contain specific statutory provisions for employees not to be unfairly dismissed. Distinctions are drawn between permissible and impermissible dismissals, with medical incapacity falling under the former. Furthermore, a distinction is drawn statutorily between permanent and temporary illhealth/injury incapacity with detailed guidelines for substantive and procedural fairness requirements to be met by employers. The powers of the specialist tribunals (CCMA, Bargaining Councils and Labour Courts) are regulated by statutory provisions and deal with appropriate remedies (reinstatement and/or compensation) a wardable in appropriate circumstances. Certain specific areas nonetheless still remain problematic for these tribunals and hence questions that require clear direction from the drafters of our law are: How to distinguish misconduct in alcohol and drug abuse cases? What degree of intermittent absenteeism is required before dismissal would be warranted? In certain other areas the tribunals have been fairly consistent and prescriptive in their approach and remedies awarded. Included here would be permanent incapacity, HIV cases and misconduct. It will emerge, however, that under the 1995 LRA the position of employees and the protections afforded them have been greatly increased.
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Thompson, David Martin Ogilvie. "Unfair discrimination and dismissal based on age." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1287.
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Section 187(2)(b) of the Labour Relations Act sets out certain justifications for what may seem to be unfair discrimination in the workplace. The purpose of this note is to discuss the provisions of Age Discrimination, with specific focus on the rights of older employees, who have reached, what some might term, the ‘normal or agreed retirement age’. In the discuss which follows reference will be made to the Constitution of the Republic of South Africa1 in order to investigate the provisions of our new democratic era, and what is said therein about discrimination, and age discrimination in particular. In our new Constitutional dispensation there have also been circumstances where certain kinds of discrimination have become accepted on society, for example Affirmative Action, and an enquiry into the difference between discrimination and differentiation will therefore also be necessary. The provisions of the Employment Equity Act,2 which deal specifically with eliminating unfair discrimination in the workplace, and the Labour Relations Act,3 which deals primarily with the rights of employees, employers and trade unions, and seeks to harmonize employer-employee relations will be discussed wherein specific reference will be made to section 187(2)(b) of the LRA. A further discussion will outline the circumstances of what is meant by dismissal in the context of age based dismissals, and whether such a dismissal is infact a dismissal and whether, within the requirements of the LRA such a dismissal, or termination of employment contract, is infact fair. Furthermore, a comparative perspective of other jurisdictions will give a more complete understanding of the issue of age-based dismissals within the current context. However, to refer to legislation and foreign decisions alone, while being of important reference, is not enough and a enquiry into our own case law will be of significant importance to determine a path of direction one can expect when faced with a question of dismissals based on mandatory retirement ages, and in particular, a dismissal which has been so executed with recourse to section 187(2)(b) of the LRA. In the various cases the reasoning and rationale behind the decision making will shed light on a seemingly unresolved area of labour law, and in reading further not only in the judgments but also in various articles, one will see that there are many arguments for and against the use of a mandatory retirement age, the most important of which will be highlighted.
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Cokile, Siyabonga. "The remedies for unfair dismissal." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1033.
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In terms of section 193 of the Labour Relations Act 66 of 1995, there are basically three remedies for unfair dismissal and unfair labour practice, namely reinstatement, re-employment and compensation. In disputes of unfair labour practice an arbitrator may determine a dispute on terms that the arbitrator deems reasonable, including the abovementioned three remedies. For example, in an unfair labour practice dispute relating to promotion or appointment, an arbitrator may order that the process of appointment be started afresh, if is found that the process was flawed. The right to fair labour practice is a right that is enjoyed by everyone and it is a right upon which every employee enjoys not to be unfairly dismissed is entrenched in section 23 of the Bill of Rights. The rights of every employee contained in the Labour Relations Act give content and effect to the right to fair labour practice contained in section 23 of the Bill of Rights. Every trade union, employer’s organisation and employer has a right to engage in collective bargaining, which includes but not limited to the formulation of disciplinary policies in the workplace, which should be observed by every employee. Our constitution mandates the Legislature to enact legislation that regulates collective bargaining. One of the purpose of our Labour Relations Act is to promote collective bargaining and the effective resolution of labour disputes. The remedies for unfair dismissal and unfair labour practice therefore give content and effect to the purpose of the Act, which is to promote effective resolution of labour disputes. The Legislature has given a legislative and policy framework, in terms of which the labour disputes may be resolved. In order to restrict the powers of the arbitrators and courts, section 193 of the Act provides that in ordering the reinstatement and re-employment of dismissed employee, they must exercise a discretion to order reinstatement re-employment, not earlier than the date of dismissal. The remedy of compensation is an alternative remedy, which must be ordered if the circumstances set out in section 193(2)(a) to (d) are applicable. Some arbitrators have made a mistake of treating this remedy as part of the primary remedies. However, our courts have clarified the intention of the Legislature in crafting the remedies for unfair dismissal.
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Van, Loggerenberg Johannes Jurgens. "Constructive dismissal in labour law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/301.
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The history of constructive dismissals in South Africa imitated from the English law in 1986, when an employee successfully challenged the employer on this particular concept after an incident relating a forced resignation. From the literature it is clear that constructive dismissal, as we know it today, originated from our English counterparts. Being a relatively new concept, the South African labour laws caught on at a rapid pace. The leading case on which the South African authors leaned towards was the English case of Woods v WM Car Services (Peterborough). In South Africa constructive dismissals were given statutory force in unfair dismissal law and is defined as the coerced or forced termination of a contract of employment resultant in from the conduct of the employer. There are many forms in which constructive dismissals would postulate that could justify an employee to lay claim to constructive dismissal. Examples thereof are the amendment of the contract of employment, rude language and sexual harassment. It is eminent that certain elements should be present before an employee would have reasonable prospects of succeeding with such a claim. Constructive dismissal comes into the equation when an employer behaves in such a manner that eventually and ultimately leads to the employee, being the receiving party, in the employment relationship, to terminate the employment contract. This termination must be the direct result of the conduct of the employer that irreparably frustrated the relationship and made it impossible for the employee to remain in the service of the employer in question. It appears that the courts have taken a firm stance on coerced or forced resignation, in its various forms tantamount to breach of contact, that any sufficiently unreasonable conduct by an employer may justify that the employee to terminate services and lay claim to the fact that he had been constructively dismissed. It needs to be mentioned that the fact that the mere fact that the employer acted in an unreasonable manner would not suffice and it is up to the employee to prove how the conduct of the employer justified the employee to leave and claim that the employer’s conduct resulted in a material or fundamental beach of the employment contract. In dealing with the contingency of the concept of constructive dismissals it has been expressly provided for in numerous systems of labour law. As is seen herein, a constructive dismissal consists in the termination of the employment contract by reason of the employee’s rather than the employer’s own immediate act. The act of the employee is precipitated by earlier conduct on the part of the employer, which conduct may or may not be justified. Various authors and academics endeavoured to defined constructive dismissal and all had the same or at least some of the elements present, to justify constructive dismissal. The most glaring element being the termination of employment as a result of the any conduct that is tantamount to a breach going to the root of the relationship by the employer, that frustrated the relationship between the employer and the employee and rendered it irreparable. The employee resigns or repudiates the employment contract as a result of the employer normally not leaving the employee any other option but to resign. This can also be termed as coerced or forced resignations and are commonly better known as “constructive dismissal”. The employee is deemed to have been dismissed, even though it is the employee who terminated the employment contract. The most important element to mention is the employee terminated the employment contract, ie resigned yet this is regarded as a dismissal, it is however for the employee to first lay a claim at the proper authority and the employee must prove his / her allegation before it can be a constructive dismissal. As will become clear, that the onus of proof is on the employee to show that the termination of employment resulted from the conduct of the employer. Equally true as in all cases of constructive dismissal, including cases of sexual harassment, being a ground for constructive dismissal, the employee must prove that to remain in service would have been unbearable and intolerable. Sexual harassment is one of the most difficult forms of constructive dismissals, in many cases there are no witnesses and the employee either “suffers in silence or opt to place her dignity at stake to prove her case. It seems as though the test is to determine if the employer’s conduct evinced a deliberate and oppressive intention to have the employment terminated and left the employee with only one option that of resignation to protect her interests. Employees have a right to seek statutory relief and needs to be protected. If a coerced or forced resignation had taken place irrespective whether the employee resigned or not. It is against this back drop that constructive dismissals was given legality and are now recognized as one of the four forms of dismissals in terms of the Act.
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Toba, Wilson. "Substantive fairness of dismissal for misconduct." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/355.
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In the employment context employers may view certain conduct/behaviour committed by an employee or a group of employees to be repugnant and unacceptable resulting in the disciplinary action that may lead to a dismissal sanction taken against such employee or employees. Even though the employer has a right to discipline the employees for a contravention of a rule or a policy and even dismiss the employee/s involved, such a disciplinary action and dismissal must be based on a certain procedure where the principle of fairness must be adhered to. The Labour Relations Act 66 of 1995 (“the Act”) and Schedule 8 of the Code of Good Practice deals with the aspects of dismissals related to conduct and capacity, however, each case is unique, it has to be approached on its own merits. Schedule 8(3) states that, “formal procedures in disciplinary measures do not have to be invoked every time a rule is broken or a standard is not met”. It is therefore necessary that there should be a disciplinary code which guides the workers and the employers, it must be clear and be understood by all the parties. The disciplinary code of conduct serves as the foundation of good discipline because everybody knows the consequences of his/her contravention of those guidelines enumerated in the Code of Conduct. The Code of Good Practice under Schedule 8(3), states that “while employees should be protected from arbitrary action, employers are entitled to satisfactory conduct and work performance from their employees”, so a very good relationship between the two parties is most important if there is to be stability and industrial peace in the workplace.
Books on the topic "Employees – Dismissal of – France"
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1932-, Blanpain R., Hanami Tadashi, Biagi Marco 1950-, and Euro-Japan Institute for Law and Business., eds. Employment security: Law and practice in Belgium, Bulgaria, France, Germany, Great Britain, Italy, Japan and the European Communities. Leuven: Peeters, 1994.
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Santon, Jean. L' affaire Clavaud: La peur vaincue. Paris: Messidor, 1987.
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Ontslagbescherming van werknemers: Een rechtsvergelijkende studie van de Franse, Westduitse en Nederlandse wettelijke bepalingen met betrekking tot de eenzijdige beëindiging door de werkgever van de arbeidsovereenkomst voor onbepaalde tijd. Deventer: Kluwer, 1985.
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Kollerbaur, Agnes Maria. Die französische Arbeitsinspektion: Eine Untersuchung unter besonderer Berücksichtigung ihrer Rolle bei Kündigungen. Frankfurt am Main: P. Lang, 2011.
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L'affaire Matelly: Un officier de gendarmerie libre. Paris: Gawsewitch, 2010.
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Dufourt, Michel. Le vrai scandale Michelin. Villeurbanne [France]: Golias, 2000.
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Grogan, John. Dismissal. Lansdowne: Juta Law, 2002.
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Grogan, John. Dismissal. Cape Town: Juta, 2010.
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Korn, Anthony. Tolley's compensation for dismissal: Financial and other remedies for wrongful dismissal, unfair dismissal and redundancy. Croydon: Tolley, 1987.
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Larson, Lex K. Unjust dismissal. New York, N.Y. (235 East 45th St., New York 10017): M. Bender, 1985.
Find full textBook chapters on the topic "Employees – Dismissal of – France"
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Lynch, Frances M. B. "The Powerlessness of Employees in France: The Spread of Income Taxation, 1945–1980." In Worlds of Taxation, 131–53. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-90263-0_6.
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Jarty, Julie, and Karina Batthyány. "Recent Evolutions of Gender, State Feminism and Care Models in Latin America and Europe." In Towards a Comparative Analysis of Social Inequalities between Europe and Latin America, 361–85. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-48442-2_12.
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AbstractThis chapter presents and characterises the way in which, in the twenty-first century, after years of feminist struggles inside and outside of institutions, gender relations are organised in the different countries of the INCASI project (on the European side, Spain, Italy, Finland, France and the United Kingdom, on the side of the South American Southern Cone, Argentina, Brazil, Chile and Uruguay). It pays special attention to the implementation of feminist issues on political agendas, and in particular the assignment of women to unpaid care work—an aspect of the power continuum that we look to relate to other aspects. Gradually and for almost a century all countries in both continents have granted women the status of subjects, citizens and employees. However, the conditions, challenges and timelines of this process differ considerably from one continent to another, so they need to be addressed separately. The neoliberal era did not have the same impact in Europe as it did in South America (nor was it exactly the same between particular European countries or among South American ones).
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Emir, Astra. "16. Wrongful Dismissal." In Selwyn's Law of Employment, 390–401. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198836636.003.0016.
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Under the law which existed prior to 1971, an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur; collateral contracts; summary dismissal; and employment law remedies.
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Emir, Astra. "16. Wrongful Dismissal." In Selwyn's Law of Employment, 408–19. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192858795.003.0016.
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Under the law which existed prior to 1971, an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur, collateral contracts, summary dismissal, and employment law remedies.
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Smith, Ian, Aaron Baker, and Owen Warnock. "7. Unfair dismissal." In Smith & Wood's Employment Law, 471–557. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198824893.003.0007.
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This chapter focuses on unfair dismissal, beginning with a consideration of the necessary procedures for a fair dismissal and the vital role of the ACAS Code of Practice. It continues by looking at the statutory definition of ‘dismissal’ and then tackles the central question of what the statute means by ‘fair’ and ‘unfair’. The wisdom and legitimacy of the ‘band of reasonable responses’ test are questioned. Particular cases—including incapability, misconduct (including the relevance of human rights protections and of online misconduct), and redundancy and reorganization—are dealt with in detail, as are automatically unfair dismissals that exist to give extra protection to certain employees. The chapter concludes with the complex law on remedies if a dismissal is unfair.
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Emir, Astra. "17. Unfair Dismissal." In Selwyn's Law of Employment, 402–59. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198836636.003.0017.
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The statutory provisions relating to unfair dismissal are found in ss 94–107 of the Employment Rights Act 1996. This chapter looks at what amounts to a dismissal and the ways in which a dismissal may take place, covering expiry of a fixed-term contract, resignation and constructive dismissal, and frustration of the contract. It also discusses the categories of employees which are not protected by the unfair dismissal provisions of ERA; the termination of the contract; fair and unfair dismissal; fair reasons for dismissal and some other substantial reason; written reasons for dismissal; and remedies for unfair dismissal such as reinstatment, re-engagement, and compensation, as well as showing how such compensation is to be calculated.
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Smith, Ian, Aaron Baker, and Owen Warnock. "7. Unfair Dismissal." In Smith & Wood's Employment Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198793243.003.0007.
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This chapter focuses on unfair dismissal, beginning with a consideration of the necessary procedures for a fair dismissal and the vital role of the ACAS Code of Practice. It continues by looking at the statutory definition of ‘dismissal’ and then tackles the central question of what the statute means by ‘fair’ and ‘unfair’. The wisdom and legitimacy of the ‘band of reasonable responses’ test are questioned. Particular cases—including incapability, misconduct (including the relevance of human rights protections and of online misconduct), and redundancy and reorganization—are dealt with in detail, as are automatically unfair dismissals that exist to give extra protection to certain employees. The chapter concludes with the complex law on remedies if a dismissal is unfair.
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Emir, Astra. "17. Unfair Dismissal." In Selwyn's Law of Employment, 420–79. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192858795.003.0017.
Full textAbstract:
The statutory provisions relating to unfair dismissal are found in ss 94–107 of the Employment Rights Act 1996. This chapter looks at what amounts to a dismissal and the ways in which a dismissal may take place, covering expiry of a fixed-term contract, resignation and constructive dismissal, and frustration of the contract. It also discusses the categories of employees which are not protected by the unfair dismissal provisions of ERA; the termination of the contract; fair and unfair dismissal; fair reasons for dismissal and some other substantial reason; written reasons for dismissal; and remedies for unfair dismissal such as reinstatement, re-engagement, and compensation, as well as showing how such compensation is to be calculated.
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Cabrelli, David. "15. Wrongful Dismissal." In Employment Law in Context, 586–614. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198840312.003.0015.
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This chapter examines the legal consequences where an employer lawfully or unlawfully terminates the contract of employment. It considers the competing elective theory of termination and automatic theory of termination, along with statutory intervention in the form of minimum periods of notice set out in section 86 of the Employment Rights Act 1996. Stress is placed on the importance of using the correct terminology in this area of the law and bilateral, unilateral, and non-lateral terminations are defined. Further discussion covers suspension of contract and the conduct of disciplinary hearings. Finally, the remedies available to employees in the case of a wrongful dismissal are addressed, including the circumstances in which a claim for damages is likely to be successful.
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Smith, Ian, Aaron Baker, and Owen Warnock. "7. Unfair dismissal." In Smith & Wood's Employment Law, 483–568. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198868538.003.0007.
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This chapter focuses on unfair dismissal, beginning with a consideration of the necessary procedures for a fair dismissal and the vital role of the ACAS Code of Practice. It continues by looking at the statutory definition of ‘dismissal’ and then tackles the central question of what the statute means by ‘fair’ and ‘unfair’. The meaning and limitations of the basic test here, the ‘band of reasonable responses’ test, are considered. Particular cases—including incapability, misconduct (including the relevance of human rights protections and of online misconduct), and the open-ended category of ‘some other substantial reason’—are dealt with in detail, as are automatically unfair dismissals that exist to give extra protection to certain employees. The chapter concludes with the complex law on remedies if a dismissal is unfair.
Conference papers on the topic "Employees – Dismissal of – France"
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Sinyuk, Tatiana, Mikhail Surzhikov, Anastasia Usenko, Natalia Kazimirova, and Mikhail Belov. "Praxeological aspects of employee motivation – the basis of SME strategy." In Human resource management within the framework of realisation of national development goals and strategic objectives. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcsebm.qscr5769.
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This study examines the relationship between the motivation system and the business strategy of micro, small and medium enterprises (MSMEs) in the context of the COVID-19 pandemic and post-pandemic, the purpose of the study is to analyze how the requirements and expectations of employees and business owners are changing in a pandemic, to identify a mechanism for embedding a motivation system in a business strategy and to present, on the example of practical experience, the impact of employee motivation on the achievement of strategic goals. A survey of the owners of MSMEs revealed that about 85% during the pandemic faced manipulation by key professional employees – the threat of dismissal. Labor intensity and intensification began to play a key role in employee motivation. During a pandemic, the main business strategy of MSMEs becomes a survival strategy. The implementation of this strategy is possible only due to the sustainability of MSMEs as a business unit, which implies a high level of loyalty and commitment on the part of the team, providing opportunities for additional work and maintaining a high level of social responsibility of business owners.
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Bertrais, Sandrine, Noëmie André, Jean-François Chastang, Isabelle Niedhammer, and Marilyne Bèque. "P-53 Multiple exposures to occupational factors and sleep problems among employees in France." In 28th International Symposium on Epidemiology in Occupational Health (EPICOH 2021). BMJ Publishing Group Ltd, 2021. http://dx.doi.org/10.1136/oem-2021-epi.179.
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Arsenijević, Olja, and Polona Šprajc. "The Impact of Job Insecurity on Employee Attitudes." In Organizations at Innovation and Digital Transformation Roundabout: Conference Proceedings. University of Maribor Press, 2020. http://dx.doi.org/10.18690/978-961-286-388-3.3.
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The purpose of the article is a theoretical and empirical analysis of the job insecurity due its influence on the employee job attitudes. Design. The design of the study was longitudinal. The empirical results were collected in 2018–2019. The empirical basis of the research is the separate structural department of the bank. The organization has realized downsizing project during the collection of empirical data. It has made possible to analyze the job satisfaction and work engagement before, during and after the downsizing project. The measures used in the present study are: 1) the “Utrecht Work Engagement Scale”; 2) “Brief Job Satisfaction Measure; 3) “The Job Insecurity Scale”. An empirical analysis of the dynamics of job attitudes in the groups differ in age and gender has found out a short-term motivating effect of the threat of job loss. The motivating effect of the threat of job loss is lost during six months. The most significance motivating effect was wound out in within the group of ordinary employees in the senior category over 45 years. The threat of dismissal also has the greatest impact on the behavior change of that part of the staff that is most susceptible to experiencing job insecurity. The employees who perceived the job insecurity are more satisfied with their work and value it more highly.
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Udović, Ugo. "Application of Business Intelligence in the Post-Industrial Period." In Values, Competencies and Changes in Organizations. University of Maribor Press, 2021. http://dx.doi.org/10.18690/978-961-286-442-2.70.
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The purpose of the article is a theoretical and empirical analysis of the job insecurity due its influence on the employee job attitudes. Design. The design of the study was longitudinal. The empirical results were collected in 2018–2019. The empirical basis of the research is the separate structural department of the bank. The organization has realized downsizing project during the collection of empirical data. It has made possible to analyze the job satisfaction and work engagement before, during and after the downsizing project. The measures used in the present study are: 1) the “Utrecht Work Engagement Scale”; 2) “Brief Job Satisfaction Measure; 3) “The Job Insecurity Scale”. An empirical analysis of the dynamics of job attitudes in the groups differ in age and gender has found out a short-term motivating effect of the threat of job loss. The motivating effect of the threat of job loss is lost during six months. The most significance motivating effect was wound out in within the group of ordinary employees in the senior category over 45 years. The threat of dismissal also has the greatest impact on the behavior change of that part of the staff that is most susceptible to experiencing job insecurity. The employees who perceived the job insecurity are more satisfied with their work and value it more highly.
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Bertrais, Sandrine, Nora Hérault, Jean-François Chastang, and Isabelle Niedhammer. "P-52 Prospective associations of multiple exposures to psychosocial work factors with well-being among employees in France." In 28th International Symposium on Epidemiology in Occupational Health (EPICOH 2021). BMJ Publishing Group Ltd, 2021. http://dx.doi.org/10.1136/oem-2021-epi.178.
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Bertrais, Sandrine, Jean-François Chastang, Isabelle Niedhammer, and Amélie Mauroux. "P-54 Multiple exposure to psychosocial factors at work and other occupational factors and common mental disorders among employees in France." In 28th International Symposium on Epidemiology in Occupational Health (EPICOH 2021). BMJ Publishing Group Ltd, 2021. http://dx.doi.org/10.1136/oem-2021-epi.180.
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Andaç, Faruk. "Strike is a Fundamental Right for Workers." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00599.
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Strike is a temporary action for a mass refusal of employees to work in order to ensure that their demands are met. It is called “Strike” in English (which means to break, to burn, to attack) because the first strike events occurred in England as which involved breaking the machines using brake blocks. Workers used to show their reactions towards their employer as by breaking the machines. The same phenomenon existed also in France. Workers in France used to leave their working places all together and go to the Greve area next to River Seine and seek solution to their problems in the cafes. This is how the concept of going on strike, Aller à la Grève (in French), was adopted by Turkish. Strike is a right for workers. It is to leave a workplace unanimously. It is not considered a reason for annulment of employment contract. It is legal and aims to ameliorate the working conditions. Workers should possess the same conditions as their employer in order to determine working conditions by their own free will. Although the employer seems to possess a stronger position as he/she owns the workplace, the workers may possess the same rights as their employers by becoming members of a trade union. When the workers and the employer are unable to reach an agreement on the working conditions, all the workers leave their workplace and go on strike. They partially or completely hamper the activities of the employer. During the strike the workers do not receive their salaries.
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Urbane, Marta. "The Future of the Employee’s Right to Disconnect in the European Union and Latvia." In 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1002285.
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The right to disconnect refers to a worker's right to be able to disconnect from work and refrain from engaging in work-related electronic communication, like emails and other messages, during non-work hours and holidays. The Latvian Labor Law does not directly determine the right to disconnect from digital devices, however, such rights arise from certain legal norms. Examples of the provisions of the Labor Law relate to the general rules on rest periods and breaks in work. The recent research results of remote work during Covid-19 pandemic conducted by the author show that for 69.3% of respondents working remotely possibility to disconnect from digital devices outside working hours (when the assigned work tasks have been completed) is extremely crucial. If the rights to disconnect are not explicitly regulated, the risk of disbalance between work and private life is at stake. The increase in workload during the emergency caused by COVID-19 was indicated by 42.7% of respondents in Latvia. That shows that another problem of lack of regulation of rights to disconnect could be unpaid overtime. The research shows that 14.7% of respondents were not paid for overtime work when working from home. The practice shows a critical need for sustainable and predictable changes in the legal system to protect employees’ rights and thus ensure stable employment in general in Latvia. It was also recently decided by Employment Committee MEPs that EU countries must ensure that workers are able to exercise the right to disconnect effectively. Some of the member states in the European Union have recently implemented the right into their legal system (Portugal, Spain, France), but each member state takes a different approach. That means that discussion is no longer if there is a need to implement the “right to disconnect” in national legal acts, but how to implement the right efficiently not only at a national level but at the EU level as well.The goal of the research is to provide an in-depth analysis of the legal status of the “right to disconnect” in the legal system of the European Union and Latvia. In order to reach the goal, the author is using various scientific research methods. The paper is based on a quantitative research method and analytical, comparative, case law analysis method to provide valid conclusions on the current role of the “right to disconnect” in Latvia and the European Union. The author also offers recommendations on how to implement the “right to disconnect” efficiently to avoid violation of employees’ rights and ensure a sustainable work environment.In the result, the author has concluded that the biggest impediment of the employee's right to disconnect is the lack of clear legislative preconditions that would encourage businesses to preserve employees' freedom to disconnect, resulting in a more sustainable working environment - both in the office and remotely.Finally, the author concludes that there is a need to adjust regulation in Latvia to meet the needs of widespread use of remote work. The author also concludes that a significant role to protect employees’ right to disconnect is for governmental authorities to explain the right to disconnect to employees and employers.
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Gafni, Ruti, and Anat Goldstein. "Effects of Multicultural Teamwork on Individual Procrastination[Abstract]." In InSITE 2020: Informing Science + IT Education Conferences: Online. Informing Science Institute, 2020. http://dx.doi.org/10.28945/4524.
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Aim/Purpose: [The full version of this paper is published in the Interdisciplinary Journal of e-Skills and Lifelong Learning (IJELL) https://doi.org/10.28945/4617] The purpose of this study is to discover usage differences in task performance by students of different cultures, by examining procrastination patterns from a national cultural perspective, exploring the effect of multicultural virtual teamwork on student’s individual procrastination. Background: This study aims to examine higher-education entrepreneurial learning in the con-text of multicultural virtual teamwork, as actually performed during participation on a Global Entrepreneurship course. Methodology: In the examined course, there were 177 participants, from 3 different countries: United Kingdom, France and Israel. The students were grouped into 40 multicul-tural virtual (not face-to-face) teams, each one composed of at least participants of two countries. This research is based on analysis of objective data collected by Moodle, the LMS used in the In2It project, in its built-in log system, from the Global Entrepreneurship course website, which offer students diverse entities of information and tasks. The primary methodology of this study is analytics of the extracted data. Contribution: This study aims to discover the effects of multicultural teamwork on individual procrastination, while comparing the differences between cultures, as there are only a few studies exploring this relation. The uniqueness of this study is also by using and analyzing actual data of student procrastination from logs, while other studies of procrastination in multicultural student teams have measured perceived procrastination, collected using surveys. Findings: Results show statistical differences between countries in procrastination of individual assignments before team working: students from UK were the most procrastinators and Israeli students were the least procrastinators, but almost all students procrastinated. However, the outcome of the teamwork was submitted almost without procrastination. Moreover, procrastination in individual assignments performed after finishing the multicultural teamwork, dramatically decreased to 10% of the students' prior individual procrastination. Recommendations for Practitioners: The results from this study, namely, the decline of the procrastination after the multicultural virtual teamwork, can be used by global firms with employees all over the world, working in virtual multicultural teams. Such firms do not need to avoid multicultural teams, working virtually, as they can benefit from this kind of collaboration. Recommendation for Researchers: These results can be also beneficial for academic researchers from different cultures and countries, working together in virtual multicultural teams. Impact on Society: Understanding the positive effect of virtual multicultural teamwork, in mitigating the negative tendency of students from diverse cultures to procrastinate, as concluded in this study, can provide a useful tool for higher education or businesses to mitigate procrastination in teamwork processes. It can also be used as an experiential learning tool for improving task performance and teamwork process. Future Research: The relation between procrastination and motivation should be further examined in relation to multicultural virtual teams. Further research is needed to explore the effect of multicultural virtual teamwork during the teamwork process, and the reasoning for this effect.
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Abdullah, Yahya. "Judicial oversight of applications submitted to the administration is a reason for its development." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp191-212.
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"The administration performs a great task in the life of modern societies, through its intervention to satisfy public needs through the establishment and management of public utilities that aim to achieve the public interest and respond to the requirements and necessities of daily life, as well as protecting public order, and regulating the relationship between them and individuals with constitutional and legal texts, as well as The organizational rules that lay down the general framework for public liberties and individual rights, all to prevent them from practicing any activity outside the framework of legality. Originally, the administration is not obligated to issue its decisions in a specific form, as it is free to choose the external form of these decisions, unless the law requires it otherwise. This requires that the decision be embodied in an external form in order for individuals to know the will of the administration and to adjust their behavior according to its requirements. However, the implementation of this rule on its launch, may negatively affect the rights of individuals, because the administration may sometimes deliberately remain silent about deciding the requests submitted to it, or it may neglect at other times to respond to these requests. Existence of apparent decisions in an external legal form, meaning that the matter remains in the hands of the administration, if it wants it will respond to the requests of individuals, and if it wants to be silent, which constitutes a waste of their rights, a violation of the principle of equality, and confiscation of the right to litigation guaranteed by the constitution, it requires protection of individuals from the inconvenience of the administration And the abuse of their rights, and put an end to the neglect of employees and their indifference to the requests or grievances submitted to them, in addition to the fact that the requirements of the public interest require that the administrative staff exercise the powers entrusted to them by law at the present time. ( ) For these justifications, the legislator intervened in many countries, including France, Egypt, Lebanon and Iraq, to suppose that the administration had announced its will, even if it remained silent or silent about deciding on the request presented to it, and this resulted in an implicit administrative decision of rejection or approval. As a result of the large number of state intervention in the economic and social fields in recent times, it has led to the multiplicity and diversity of state agencies and institutions, and the public administration often does not provide its services to individuals except at the request of individuals. Therefore, it may be difficult for individuals to identify a competent administrative authority to submit their request to. to get those services. He makes a mistake and submits it to a non-competent administrative body. When this authority is silent and does not transfer the request to its competent authority, and the legal period granted to the administration to respond to their requests has passed, individuals resort to the judiciary, and submitting the request to the non-competent authority prevents the judiciary from accepting their claim, which wastes their rights and thus harms them. Therefore, the administrative judiciary in many countries has extended its control over this case to consider the application submitted to a non-competent administrative body as if it was submitted to its competent authority, given that the state is a single public legal person. Accordingly, the request submitted to any party starts from the legal period available to the administration to meet the requests of individuals and in its absence the implicit administrative decision of rejection or acceptance arises. Accordingly, we will study the jurisprudence of the French, Lebanese, Egyptian and Iraqi judiciary in this study. The importance of the study lies in the implications of the subject of requests submitted to the administration, the delay in their completion, the silence of the administration, and the consequent effects and exposure to the rights of individuals. And that it will show how to confront this silence, neglect and intransigence of the administration. The idea of implicit administrative decisions, resulting from the administration’s silence on the requests submitted to it, is an effective means, which makes the administration more positive and enables individuals to confront the administration’s silence, and prevents its intransigence, arbitrariness or neglect. The problem of the research is that can silence be an expression of the will? How do individuals protect themselves from the actions of the administration, and who guarantees its non-bias, arbitrariness and deviation? Does submitting the application to a non-competent body protect the rights of individuals? ? And the extent of judicial oversight on the authority of the administration.? And the extent of the compatibility and divergence of the positions of the administrative judiciary in France, Lebanon, Egypt and Iraq regarding this.? From the above in explaining the importance of the study and its problem, we can deduce the scope of the study, which is the study of judicial control over the requests submitted to the administration by taking an overview of the nature of the requests, their types and distinguishing them from others, and the position of each of the legislation, the judiciary and jurisprudence from it. The research consists of two sections, the first deals with the nature of the request and what is related to it, and the second is judicial control over the applications submitted to the administration, as follows"
Reports on the topic "Employees – Dismissal of – France"
1
Degeorge, Francois, Dirk Jenter, Alberto Moel, and Peter Tufano. Selling Company Shares to Reluctant Employees: France Telecom's Experience. Cambridge, MA: National Bureau of Economic Research, May 2000. http://dx.doi.org/10.3386/w7683.
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