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1
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.
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Geare, Alan. "Legal Rights of Employees in the Event of Dismissal: The New Zealand Situation." International Journal of Comparative Labour Law and Industrial Relations 23, Issue 2 (June 1, 2007): 267–83. http://dx.doi.org/10.54648/ijcl2007013.
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Until 1973 employees in New Zealand had only common law protection against wrongful dismissal and this protection was both limited and of little value other than to senior managers. From 1973 to 1991 there was statutory protection for those employees who were union members, against ‘unjustified dismissal’. From 1991 this statutory protection was amended to include all employees, including senior managers. At the same time the common law was changing to provide increased opportunities for damages. In 2000 the government removed all common law rights of action against wrongful dismissal, requiring all action to be made under statute.
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Benedict, Bailey C. "Examining the Experiences of Remaining Employees after a Coworker Dismissal: Initial Message Characteristics, Information Seeking, Uncertainty, and Perceived Social Costs." Management Communication Quarterly 34, no. 4 (August 20, 2020): 495–526. http://dx.doi.org/10.1177/0893318920949327.
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Organizational exit can be turbulent. This study examines the communication surrounding coworker dismissal, including how remaining employees learn about a coworker’s dismissal and what predicts remaining employees’ information seeking, uncertainty, and perceptions of social costs related to information seeking. Statistical and content analyses were conducted on survey data gathered from 220 participants. Remaining employees most often learned about their coworker’s dismissal from another coworker or the remaining employees’ immediate supervisor; via individual, face-to-face meetings; with moderate formality; at some point within a day of the dismissal; with varying content. Age predicted uncertainty and perceived social costs of information seeking. Message characteristics predicted uncertainty, while interaction frequency predicted the perceived social costs of information seeking. Uncertainty did not predict information-seeking strategy use. Greater perceived social costs predicted less overt questioning and greater observing and testing. This study extends uncertainty reduction and management theories and offers managers advice about communicating coworker terminations.
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Savchuk, Sergiy. "Special aspects of legal regulation of fixed-term employment contracts of some European countries." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 286–90. http://dx.doi.org/10.36695/2219-5521.2.2020.54.
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The article is devoted to the study of foreign experience in legal regulation of fixed-term employment contracts. Fixed-termemployment contracts should be considered as one of the earliest and, accordingly, the oldest forms of non-standard employment. Tur -ning to the concept of the application of fixed-term employment contracts in Ukraine in the near future, it seems appropriate to consider the possibility of their further development through the prism of studying European experience. Indeed, in many European countriesthe fixed-term contracts are quite common and therefore analysis of both positive and negative examples of their legal regulation willbe useful for the future development of labour legislation in Ukraine.The article features an analysis of the relevant legislation of the United Kingdom, Estonia, Italy, Poland and France. It is concludedthat the membership of these states in the European Union has had a significant impact on the evolution of national labour le -gislation. This also applies to the United Kingdom, which had been part of this economic and political union for a long time.The transposition of EU legislation into national law by these countries predetermines the existence of common features betweenthem in the legal regulation of fixed-term employment contracts. This common features include: clear time limits of the employmentcontract, maximum allowable number of renewals enshrined in law, compliance with the principle of non-discrimination, etc.In turn, the implementation of fixed-term employment relationships in each country differs in its uniqueness, which is due to thedomestic tradition of their implementation. For example, in the United Kingdom, the dismissal of an employee due to the expiration ofthe employment contract is considered through the lens of fairness of the employer’s actions, while in Italy the number of fixed-termemployment contracts with a particular employer cannot exceed 30 %.The above circumstances should be taken into account by Ukraine when reforming labour legislation. Indeed, the need to implementCouncil Directive 1999/70/EC is clearly provided for in clauses 1139 and 1140 of the Action Plan for the implementation of theAssociation Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and theirmember states, on the other hand, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1106, of 25.10.2017.
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하갑래. "The Justification of Dismissal of Underperforming Employees." Dankook Law Riview 39, no. 4 (December 2015): 425–59. http://dx.doi.org/10.17252/dlr.2015.39.4.014.
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Voitkovskaya, I. V. "Dismissal Allowances to Employees Dismissed by Agreement of the Parties: Epistola Non Erubesci." Actual Problems of Russian Law 15, no. 7 (August 7, 2020): 91–102. http://dx.doi.org/10.17803/1994-1471.2020.116.7.091-102.
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The paper analyzes jurisprudence of the courts of general jurisdiction with regard to disputes claiming recovery of dismissal allowances stipulated by an employment termination agreement. The author identifies errors in the field of application of employment law rules regulating guarantees and analizes errors committed by courts due to improper understanding of the legal nature of dismissal allowances. The author substantiates arguments and criteria that can be used to determine whether dismissal allowances are adequate and proportionate, examines the problems associated with the application of the principle of protection against discrimination in the area of employment and the general legal principle of inadmissibility of abuse of the right in employment relationships. According to the author, the practice of courts’ erroneous interpretation of the norms of the Labor Code of the Russian Federation governing the issues of dismissal allowances under the employment contract encourages us to develop understandable and detailed criteria using which the courts and the parties to the employment dispute will be able to rely on in dismissal allowances’ claims. Such criteria can be developed in the form of a system of review questions, answering to which the court and the parties would be able to reach a balanced and reasoned decision.
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Zolotukhina, L. O. "ON GUARANTEES OF EMPLOYEES ‘INTERESTS IN DISMISSAL CASES." State and Regions. Series: Law, no. 4 (2020): 114–18. http://dx.doi.org/10.32840/1813-338x-2020.4.18.
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Richardson, Barbara. "Constructive dismissal: a guide for employers and employees." Nursing and Residential Care 3, no. 10 (October 2001): 496–98. http://dx.doi.org/10.12968/nrec.2001.3.10.9279.
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Allen, Phil. "HR File: Letting them know you're letting them go." Optician 2018, no. 5 (May 2018): 174312–1. http://dx.doi.org/10.12968/opti.2018.5.174312.
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Vidanović, Katarina. "(Un)justified application of labour law rules of dismissal protection on self-employed persons." Strani pravni zivot, no. 2 (2021): 293–306. http://dx.doi.org/10.5937/spz65-31865.
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In this paper the rights of employees and self-employed persons and the distinction between them are analysed, with the special focus on dismissal protection. Using the comparative and normative method, the author analyses these legal questions in legal systems in Spain, Austria, the United Kingdom of Great Britain and Nothern Ireland, and the United States of America, including the existence of the mid-category of semi-dependent self-employed persons in the first three abovementioned jurisdictions and practical consequences of their existence. Dismissal protection of self-employed persons represents a legal question that is not sufficiently researched in comparison to the dismissal protection of employees. The hypothesis of the author in this paper has been based on the opinion that self-employed persons who work for others are justifiably deprived of dismissal protection, unlike semi-dependent self-employed persons who are unjustifiably deprived of it, especially because the second mentioned category does not experience entrepreneurial risks and chances. Also, the question of dismissal protection of self-employed persons is very relevant when we consider the amount of misuse of this occurrence and cost savings which employers often have when employing them. In the end, de lege ferenda solutions and their implications for other legal systems are proposed by the author of the paper.
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Beebeejaun, Ambareen. "Unfair dismissal in the Mauritius context: a comparative study." International Journal of Law and Management 60, no. 6 (November 12, 2018): 1299–312. http://dx.doi.org/10.1108/ijlma-07-2017-0158.
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Purpose The purpose of this study is to critically analyse the concept of unfair dismissal and to assess the extent to which the Employment Rights Act 2008 is affording protection to employees in Mauritius. The purpose of this study is to also demonstrate that as employees form an integral part of their workplace, their employment cannot be terminated without substantive and procedural fairness. The paper will provide some recommendations to cater for loopholes in existing Mauritius employment legislations. Design/Methodology/Approach To critically examine the topic, the black letter approach is adopted to detail legislations and judgments of courts on the subject matter. A comparative analysis with some other jurisdictions’ employment legislations is also carried out to define, explain and examine the concepts of dismissal, substantive causes such as misconduct and procedural fairness. Findings From the methodologies used, it is found that a substantial reason is not sufficient to conclude whether a dismissal is fair. The law of unfair dismissal has introduced some procedural safeguards to protect the employee from being unfairly and unjustifiably dismissed. The procedural requirements act as guidelines to employers and if they are not followed properly, the dismissal will be unfair. Unfair dismissal needs to be accompanied by remedies from employers, and monetary compensation has been found to be the most appropriate remedy. Originality/Value This paper is amongst the first research work conducted in Mauritius that compares the law of unfair dismissal and its implications with the laws of England and South Africa. The study is carried out with a view to provide practical recommendations in this area of employment law to the relevant stakeholders concerned.
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Newaj, Kamalesh. "Does the incorrect classification of misconduct charges constitute substantive unfairness? EOH Abantu v CCMA (2019) 40 ILJ 2477 (LAC)." Obiter 41, no. 3 (January 1, 2021): 631–41. http://dx.doi.org/10.17159/obiter.v41i3.9586.
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Dismissals are commonplace in employment and arise for various reasons. One such reason is the unacceptable or undesirable conduct of an employee, which is recognised as a dismissal for misconduct. Notwithstanding the employers’ right to effect dismissals, employees are considerably protected by the law (s 185 of the Labour Relations Act (LRA)). An employee has the right to challenge his/her dismissal by referring an unfair dismissal dispute to the CCMA (s 191 of the LRA). This is not surprising considering the fact that fairness is the cornerstone of the employment relationship (as evident from s 23(1) of the Constitution, which states that “everyone has the right to fair labour practices”; see also Blanpain and Weiss Changing Industrial Relations and Modernisation of Labour Law (2003) 182). While it is indisputable that employers should act fairly towards its employees, a significant principle that has been highlighted in the determination of fairness is that it must accommodate and balance the conflicting interests and rights of both employers and employees (National Education Health & Allied Workers Union v University of Cape Town (2003) 24 ILJ 95 (CC) par 38 and 40).
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Döse-Digenopoulos, Annegret, and Armin Höland. "DISMISSAL OF EMPLOYEES IN THE FEDERAL REPUBLIC OF GERMANY." Modern Law Review 48, no. 5 (September 1985): 539–63. http://dx.doi.org/10.1111/j.1468-2230.1985.tb00859.x.
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Zolotukhina, Liliia. "Issues of judicial recourse term in cases of dismissal." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (March 29, 2021): 104–9. http://dx.doi.org/10.31733/2078-3566-2021-1-104-109.
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Issues of judicial recourse term and its differentiation in cases of dismissal are examined. The respective issues concern the term duration; the term calculation; the term differentiated legal regulation. It is reveled that the current one-month term does not meet the interests of employees, contradicts the requirements of substantiation, reasonableness and fairness. Such term also contradicts the human right to a fair trial and does not correspond to the essence, focus and values of labor law. It is proposed to establish a unified one-year judicial recourse term in labor cases (while maintaining the indefinite term for filing claims for payment of wages). It is substantiated that in order to effectively appeal to court, the plaintiff needs both a dismissal order and an employment history book. It is proposed to provide calculation of the term of appeal to the court in cases of dismissal from the date of delivery of both a copy of a dismissal order and an employment history book. The differentiation of judicial recourse term in cases of dismissal from public service was also revealed. The Code of Administrative Proceedings of Ukraine refers to the day when the person learned or should have learned about the violation of his or her rights, freedoms or interests. Such differentiation is unreasonable and worsens the legal status of employees whose dismissal cases are subject to consideration in the order of administrative proceedings. The Code of Administrative Proceedings of Ukraine is proposed to be amended by a provision that calculates the respective term from the day when the person received both a copy dismissal order and an employment history book. It is revealed that civil and administrative proceedings assume different legal consequences of missing the judicial recourse term in cases of dismissal. The asymmetrical procedural regimes for implementation of similar labor rights and interests seem unjustified, since it is not due to the objective prerequisites for labor relations legal regulation differentiation. Unification is proposed in this matter. It should be based on the approach that is now embodied in administrative proceedings.
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Allamprese, Andrea, and Raphael Dalmasso. "Penalties for unlawful dismissal in France and in Italy." Revue de droit comparé du travail et de la sécurité sociale, no. 4 (December 1, 2019): 38–55. http://dx.doi.org/10.4000/rdctss.1320.
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Ждан, М. Д. "ЩОДО ПРОБЛЕМИ ПРАВОВОГО РЕГУЛЮВАННЯ ВІДСТОРОНЕННЯ ПРАЦІВНИКА ВІД РОБОТИ." Збірник наукових праць ХНПУ імені Г. С. Сковороди "Право", no. 30 (2019): 48–55. http://dx.doi.org/10.34142/23121661.2019.30.05.
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The purpose of the scientific article is to determine the purpose of dismissal of the employee and the reasons for such removal. It is proved that today neither current legislation, nor jurisprudence, nor science contain a single well-considered vision of the place of exclusion in the labor law system. It is noted that termination of work is always an intermediate stage, which will end either with the renewal of the employment contract and return to previous work, or with the change of the employment contract, or, even, its termination. It is substantiated that, upon dismissal from work, the main purpose is to protect the interests of the owner and employees, as well as to prevent possible violations of the rules of labor and labor discipline. Based on the analysis of the current legislation, it has been found that there are a lot of entities that have the right to initiate dismissal. By organizing data on the legal capacity of subjects to initiate dismissal, they are divided into three groups: a) entities that make the decision to dismiss and implement it; b) those requiring mandatory dismissal; c) those who raise the issue of dismissal. It is proposed to supplement the current legislation with a new reason for dismissal of an employee.
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Cornish, René. "Unsilenced Employee Voice in South Africa: Social Media Misconduct Dismissals as Evidence of E-Voice." management revue 33, no. 3 (2022): 356–96. http://dx.doi.org/10.5771/0935-9915-2022-3-356.
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Social media has transformed various aspects of daily life, particularly influencing communication and interaction in both physical and digital spaces. The South African employment relationship is no exception. Social media also creates opportunities for the articulation of employee voice. Through the content analysis of 118 South African first-instance social media misconduct dismissal decisions, this paper argues that employees use social media as a mechanism to express dissenting employee voice. There is evidence of individual employee voice notwithstanding employers implementing rules and social media policies to curtail expressions of dissent. It also persists despite the dismissal of employees for expressing employee voice through social media. Significantly, employee voice in the form of racialised speech badmouthing and cyber-criticising employers continues in the digital realm despite the legislative prohibition of hate speech. Despite high power disparities, the sample reveals a perfusion of individual e-voice by South African employees.
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Rönnmar, Mia. "Redundant Because of Lack of Competence? Swedish Employees in the Knowledge Society." International Journal of Comparative Labour Law and Industrial Relations 17, Issue 1 (March 1, 2001): 117–38. http://dx.doi.org/10.54648/337856.
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Today, the scene of Swedish industrial relations and labour law is set by the Knowledge Society. Knowledge Workers are supposed to be knowledgeable, professional and independent, and constitute by virtue of their knowledge the vital productive resource. This article analyses the strength and functioning of the Swedish employment protection and a future right to education within the employment relationship. It is argued that the Swedish employment protection regulation, on the whole, is badly adjusted to the realities of the Knowledge Society. Furthermore, the traditional dichotomy between dismissal by reason of redundancy and dismissal for personal reasons is inappropriate and should be replaced by a new uniform and coherent system for employment protection. By including a right to education the Swedish employment protection system would be substantively strengthened.
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Boyko, S. "TRANSLATION AND RELEASE OF EMPLOYEES IN CASE OF VIOLATION OF RESTRICTED PARTICIPATION OF RELATED PARTIES." Social Law, no. 2 (April 21, 2019): 135–39. http://dx.doi.org/10.37440/soclaw.2019.02.20.
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The article deals with the peculiarities of the transfer and dismissal of an employee, establishedby law, in case of violation of the restriction of joint work of close persons. Attention is drawn to theemergence of a conflict of interest in the case of direct subordination of close persons - entities coveredby the Law of Ukraine "On Prevention of Corruption". As a result of the analysis of the practice of lawenforcement, some shortcomings of the legal and legal support of transfer and dismissal of the employeein case of violation of the joint work of close persons are revealed, and ways of their solution aresuggested.
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Jefferson, Michael, Katy Ferris, and James Marson. "Timis v. Osipov: Personal Liability? Decision Makers and Advances in Whistleblowing." Business Law Review 41, Issue 1 (February 1, 2020): 34–35. http://dx.doi.org/10.54648/bula2020005.
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Much has been written recently about employment status including bogus self-employment, atypical workers, zero hours contracts and about vicarious liability in the law of torts and employment law. The case under discussion does not deal with these issues but with related interesting issues involving categorization of working people into employees and workers so as to determine the remedy for whistleblowing under statute and with whether liability in that area of law can be both direct and vicarious. To understand the case one needs to appreciate that the law of unfair dismissal as set out in the Employment Rights Act 1996 applies only to ‘employees’ and therefore both those classified as ‘workers’ and as independent contractors do not; however, workers, though not independent contractors dismissed solely or principally for one of the reasons which would be potentially unfair (prima facie invalid) may have a different remedy when the claim is one of whistleblowing. In relation to vicarious liability under the relevant statute, the Employment Rights Act 1996, there was on the facts of the case to be discussed no doubt that the employers were vicariously liable, but could they also be directly liable? The authority below demonstrates that because of the scheme of the Act both that a worker dismissed for whistleblowing has a remedy not for unfair dismissal because he is not an employee but for ‘detriment’, the detriment being put through a disciplinary process. This preserves the law since 1 January 1972 that remedies for unfair dismissal are granted only to those classed as employees. In respect of vicarious liability, as this commentary shows, both direct and vicarious liability are available against employers in a whistleblowing case. The consequences of these decisions are noted at the end. Personal liability, whistleblowing, unfair dismissal, compensation, termination.
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Smit, Paul, and Joaquin Grobler. "Dismissal during Probationary Period of Employment in South Africa: An International Perspective." African Journal of International and Comparative Law 29, no. 4 (November 2021): 479–98. http://dx.doi.org/10.3366/ajicl.2021.0380.
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It is a universally acceptable practice to employ newly hired employees on a probationary period. In general terms the purpose of probation is to give the employer an opportunity to evaluate the employee's performance before confirming the appointment. This in itself seems to be an uncomplicated process; however, the scenario, especially in South Africa, becomes more complicated if an employer wants to terminate an employee's service during the probationary period of employment or terminate the services of an employee at the end of the probationary period. The right to a fair dismissal is well recognised in South African labour law; this right also extends to employees during their probationary period of employment. Convention 158 of the International Labour Organisation (ILO) provides guidelines in respect of the termination of employment, also during the probation period. In this article the ILO's standards with regard to the termination of employment during probation are considered. South Africa was a former colony of the Netherlands and the United Kingdom, in light of this the respective positions on dismissal during the probation period of employment in the Netherlands and the United Kingdom are also analysed. This provided the researcher with an opportunity to determine if South Africa's dismissal regime during the probationary period of employment is in line with some international perspectives and it appears that dismissal during the probationary period of employment in South Africa is out of step with international standards and developments.
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Smit, Paul, and Joaquin Grobler. "Dismissal during Probationary Period of Employment in South Africa: An International Perspective." African Journal of International and Comparative Law 29, no. 4 (November 2021): 479–98. http://dx.doi.org/10.3366/ajicl.2021.0380.
Full textAbstract:
It is a universally acceptable practice to employ newly hired employees on a probationary period. In general terms the purpose of probation is to give the employer an opportunity to evaluate the employee's performance before confirming the appointment. This in itself seems to be an uncomplicated process; however, the scenario, especially in South Africa, becomes more complicated if an employer wants to terminate an employee's service during the probationary period of employment or terminate the services of an employee at the end of the probationary period. The right to a fair dismissal is well recognised in South African labour law; this right also extends to employees during their probationary period of employment. Convention 158 of the International Labour Organisation (ILO) provides guidelines in respect of the termination of employment, also during the probation period. In this article the ILO's standards with regard to the termination of employment during probation are considered. South Africa was a former colony of the Netherlands and the United Kingdom, in light of this the respective positions on dismissal during the probation period of employment in the Netherlands and the United Kingdom are also analysed. This provided the researcher with an opportunity to determine if South Africa's dismissal regime during the probationary period of employment is in line with some international perspectives and it appears that dismissal during the probationary period of employment in South Africa is out of step with international standards and developments.
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Zavitova, Svetlana V., and Nataliya A. Mel’nikova. "Legal Regulation and Organization of the Work of Management Subjects Related to the Dismissal of Employees of the Penal System of the Russian Federation due to the Loss of Trust." Penitentiary science 15, no. 3 (September 30, 2021): 635–41. http://dx.doi.org/10.46741/2686-9764-2021-15-3-635-641.
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Introduction: the article considers problematic issues related to the work of management subjects (managers) and attestation commissions in situations when an employee of the penal system of the Russian Federation is dismissed due to the loss of trust. The aim of this study is to identify gaps in the current legislation on the service that arise when a measure of responsibility such as dismissal due to the loss of trust is applied; another aim consists in formulating proposals for improving legislation in this area. Methods: methodological basis of our study is represented by a set of methods of scientific cognition, among which the main place belongs to formal-logical, system-structural, and comparative-legal methods. Results: the study has shown that there are many problematic issues in the law enforcement practice regarding the dismissal of employees due to the loss of trust. The norms of the law do not clearly distinguish the components of corruption offenses for which an employee is subject to dismissal due to the loss of trust or may be brought to another type of liability. The issue regarding the status of the decision of the attestation commission remains unresolved; its decision is of an advisory nature, but at the same time, it is fundamental for making a decision by the employee’s superior. There is an ongoing discussion on the composition of the attestation commission; and options for the selection of independent experts are proposed. Discussion: dismissal due to the loss of trust is a specific type of disciplinary penalty, and its implementation is carried out by authorized management entities within the framework of disciplinary proceedings. The procedure for making a decision on the dismissal of employees of the penal system due to the loss of trust needs further improvement in its legal and organizational aspects, taking into account modern law enforcement and judicial practice.
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Schenarts, Paul J., and Sean Langenfeld. "The Fundamentals of Resident Dismissal." American Surgeon 83, no. 2 (February 2017): 119–26. http://dx.doi.org/10.1177/000313481708300210.
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Residents have the rights and responsibilities of both students and employees. Dismissal of a resident from a training program is traumatic and has lasting repercussions for the program director, the faculty, the dismissed resident, and the residency. A review of English language literature was performed using PUBMED and OVID databases, using the search terms, resident dismissal, resident termination, student dismissal, student and resident evaluation, legal aspects of education, and remediation. The references of each publication were also reviewed to identify additional appropriate citations. If the Just Cause threshold has been met, educators have the absolute discretion to evaluate academic and clinical performance. Legal opinion has stated that it is not necessary to wait until a patient is harmed to dismiss a resident. Evaluations should be standard and robust. Negative evaluations are not defamatory as the resident gave consent to be evaluated. Provided departmental and institutional polices have been followed, a resident can be dismissed without a formal hearing. Residencies are entitled to modify academic requirements and dismissal is not considered a breach of contract. Although there is anxiety regarding resident dismissal, the courts have uniformly supported faculty having this role. When indicated, failure to dismiss a resident also places the program director and the faculty at risk for educational malpractice.
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Volk, Elena A., and Kirill L. Tomashevski. "Dismissal of an employee at the initiative of the employer for a single gross violation of labour duties (clause 7 of Article 42 of the Labour Code of Belarus)." Russian Journal of Labour & Law 13 (2023): 275–95. http://dx.doi.org/10.21638/spbu32.2023.119.
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During the third global reform of the Labor Code of the Republic of Belarus, which took place in 2019-2020, Article 42 of the Labor Code was set out in a new edition. In the updated Article 42 of the Labor Code of the Republic of Belarus, five grounds for dismissal at the initiative of the employer for a single gross violation of labor duties were combined into one paragraph 7. In 2021, this paragraph was supplemented with three new grounds. In this paper, for the first time, an attempt is made to comprehensively analyze all eight grounds for dismissal on the initiative of the employer for a single gross violation of labor duties, enshrined in paragraph 7 of Article 42 of the Labor Code of the Republic of Belarus. Within the framework of the scientific and practical analysis of eight disciplinary grounds for dismissal of an employee carried out in the article, the provisions of the Labor Code of the Russian Federation, as well as current Belarusian judicial practice, are taken into account in a comparative aspect. Special attention in the paper is paid by the authors to the procedure for termination of an employment contract for this group of disciplinary grounds, problems that arise in personnel and other law enforcement practice, as well as guarantees that employees can use when dismissed on these grounds. Proposals are made to improve the labor legislation of the Republic of Belarus and law enforcement practice in relation to this group of grounds for dismissal of employees at the initiative of the employer.
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Roles, Cameron. "Redundancy in the Australian Public Service — Some Critical Reflections." Federal Law Review 41, no. 3 (September 2013): 525–55. http://dx.doi.org/10.22145/flr.41.3.6.
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This article critically examines the law concerning dismissal on grounds of redundancy as it applies to the Australian Public Service (‘APS’). Such an examination is timely, given the newly elected Coalition government's stated intention to reduce the APS by 12 000 employees through natural attrition. The article argues that a reduction of 12 000 employees through natural attrition alone is unlikely, and that redundancies are almost inevitable. Against this backdrop, the article considers recent legislative developments concerning dismissal on grounds of redundancy. Its focus is the genuine redundancy exclusion contained in s 389 of the Fair Work Act 2009 (Cth) (‘FW Act’) and its application to APS employment. The genuine redundancy exclusion precludes unfair dismissal claims if the redundancy is genuine, the employer complies with any consultation obligations in a modern award or enterprise agreement and it would not have been reasonable in all the circumstances to redeploy the affected employee within the employer's enterprise or that of an associated entity. The article argues that, prior to the FW Act, redundancy obligations were predominantly dealt with in collective agreements, and did not require consultations or redeployment of redundant employees beyond the individual agency. However the FW Act fundamentally changed the law in this area. The article contends that a failure to comply with consultation obligations in an agency enterprise agreement will increase the prospects of a dismissal being found to be unfair. In the APS this is problematic, given the convoluted nature of many consultation clauses in enterprise agreements. The article also argues that the redeployment obligations in s 389(2) are extremely broad and, contrary to past practice under the Public Service Act 1999 (Cth) (‘PS Act’), encompass redeployment across the APS. The obligation to redeploy across the APS creates tensions in the law between the provisions of the FW Act and the devolution of managerial powers under the PS Act.
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Fazilah, Siti, Ashgar Ali Ali Mohamad, and Zuraini Abdul Hamid. "MONETARY COMPENSATION AS A REMEDY FOR UNFAIR DISMISSAL: A STUDY IN UNITED KINGDOM AND MALAYSIA." IIUM Law Journal 27, no. 2 (December 18, 2019): 447–68. http://dx.doi.org/10.31436/iiumlj.v27i2.453.
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Although unfair dismissal is not considered as a new issue in the current era, it may nevertheless severely affect the employees' right to earn a salary and other benefits such as retirement saving, among others. In order to recompense the employee's rights of employment, the legislature in many jurisdictions has introduced reinstatement as the remedy for unfair dismissal. Unfortunately, reinstatement is not awarded in most cases due to the long delay from the date of dismissal to the date of an award which may take a few years, where in the meantime the claimant may have comfortably settled in his new employment and in most cases would not desire reinstatement. Realising the above, the legislature has allowed the alternative remedy of monetary compensation for unfair dismissal. In fact, today, monetary compensation has become the remedy in both Malaysia and the United Kingdom. The Employment Rights Act 1996 of the United Kingdom recognises several remedies for unfair dismissal such as reinstatement, re-engagement, and monetary compensation. On the other hand, the Malaysian Industrial Relations Act 1967 merely provides reinstatement as the remedy for unfair dismissal; however, monetary compensation has been allowed vide the Industrial Court Practice Direction No. 1 of 1987, to be awarded at the discretion of the Industrial Court Chairman. In light of the above, this article discusses the awarding of monetary compensation in the United Kingdom and Malaysia with reference to legislation and decided cases in the above jurisdictions.
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Popova, Elena A. "Judicial practice on consideration of cases on illegal dismissal of an employee (member of election commission)." State power and local self-government 5 (May 14, 2015): 50–54. http://dx.doi.org/10.18572/1813-1247-2015-5-50-54.
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The article concerns the practice of consideration by courts of cases on illegal dismissal of employees — members of election commissions. The author also analyses the impact produced by decision of the Constitutional Court of the Russian Federation on the judicial practice in this sphere.
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Pärli, Kurt. "Presenteeism, Its Effects and Costs: A Discussion in a Labour Law Perspective." International Journal of Comparative Labour Law and Industrial Relations 34, Issue 1 (March 1, 2018): 53–75. http://dx.doi.org/10.54648/ijcl2018003.
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The economic crisis and resulting restructurings, downsizings, financial worries and fears of dismissal due to absence from work are significantly influencing employees’ decisions on whether to continue working despite ill health. Studies suggest that the economic costs of presenteeism (working while sick) far outweigh the costs of absence from work on the grounds of sickness. The level of sick pay regulation as well as weak protection against dismissal and a lack of privacy of health data are important drivers for the increase in presenteeism. Activation policies focusing on the sick or long-term sick may give rise to some significant risks for basic human labour rights such as the right to work, just and favourable working conditions, and the fundamental right to social security including paid sick leave and the right to privacy. As a result, a human-rights based approach to human resource management is needed. This is not just in the interest of employees, but is also the better option from a public health perspective.
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Kuznetsova, М. "Exercise of the employee's right to protection in connection with dismissal of the owner's initiative." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 107–11. http://dx.doi.org/10.24144/2788-6018.2021.04.18.
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The author conducted a study of the procedural aspects of dismissal of an employee at the owner's initiative and issues related to the exercise of the right to protection of employees from illegal or unjustified dismissal. The main characteristics of the release procedure of employees at the owner's initiative and problems that may arise due to non-compliance with the rules of such a procedure are identified.
The content of the right to protection of an employee in case of illegal or unjustified dismissal as one of the fundamental guarantees in labor law and legislation has been clarified. The characteristics of some aspects of consideration of labor disputes by courts are given, and different procedural features of realization of the right to protection of the worker at dismissal are defined.
Conclusions are made on the importance of compliance by the employer or owner with the procedure of dismissal of the employee on their own initiative and the grounds specified in the law, and prevention of violation of employee rights, taking into account the guarantees of the Constitution of Ukraine and the Labor Code. And opportunities to reinstate those dismissed for work with compensation for non-pecuniary damage and forced absenteeism, respectively.
In his study, the author draws attention to the fact that judicial protection of employee rights is one of the most common ways. Therefore, when considering labor disputes by the court, it is essential to thoroughly clarify and carefully assess the circumstances under which such a decision was made and assess the scope of the offender's job responsibilities if the grounds for their violation are indicated. Only on condition of a comprehensive and objective assessment of the evidence in the case, the court has the right to decide on the reinstatement of such an employee and to pay the employee the average salary during the forced absence or the difference in earnings during the lower-paid work.
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Newaj, Kamalesh, and Stefan Van Eck. "Automatically unfair and operational requirement dismissals: Making sense of the 2014 amendments." Potchefstroom Electronic Law Journal 19 (October 10, 2017): 1–30. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1203.
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This article explores the concept of the automatic unfair dismissal that is regulated in s 187(1)(c) of the Labour Relations Act, where the reason for the dismissal is to "compel the employee to accept a demand in respect of any matter of mutual interest". This provision raised important questions of law, as it brought to the fore the conflict that existed between this provision and sections 188(1)(a)(ii) and 189 of the LRA, which permits dismissals for operational requirements. This dichotomy was dealt with by the court in Fry's Metals, but the decision was controversial and faced criticism. The decision of the court was consequently rendered incorrect, resulting in the amendment to s 187(1)(c), which now reads that a dismissal is automatically unfair if the reason for the dismissal is a refusal by employees to accept a demand in respect of any matter of mutual interest between them and their employer. However, it is doubtful whether the amended provision provides a solution to the contradiction that exists. Resultantly, this article seeks to critique the amendment and to make recommendations regarding the regulation of this part of labour law.
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Lyutov, Nikita L. "Defining the employment discrimination: International labor standards and the Russian approach." Vestnik of Saint Petersburg University. Law 13, no. 4 (2022): 1041–57. http://dx.doi.org/10.21638/spbu14.2022.413.
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The article contains an analysis of approaches to the definition of employment discrimination from the point of view of compliance of Russian legislation and case-law with international labor standards. The prohibition of discrimination includes ensuring equal opportunities for employees, which sometimes implies the provision of additional guarantees for certain categories of employees (affirmative action). The problem with such affirmative action norms established by law is that they themselves can be discriminatory. The courts’ qualification of discrimination is inevitably judgmental and is based both on the values of society and on the subjective opinion of the judge. In this regard, it is important to understand the boundaries between legal differentiation and illegal discrimination according to international labor standards. The article deals with certain aspects of the Russian affirmative action norms in employment which subject to debates regarding their discriminative nature. The norms concerning parental leaves granted only to male military personnel, the list of professions with harmful and dangerous working conditions prohibited for women, the restriction of dismissal of pregnant women at the initiative of the employer (in comparison with the norms on protection from dismissal of trade union activists and parents of disabled children), the ban on dismissal of elderly employees, as well as the possibility of concluding fixed-term employment contracts with them are analyzed and evaluated in the article. The article draws conclusions about the need to harmonize the approaches of the Russian legislation and case-law on these issues with international labor standards developed within the framework of the International Labour Organisation, the United Nations and the Council of Europe.
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Lushnikov, Andrey M., Alexandr A. Karpov, and Dmitry A. Smirnov. "On some aspects of the fight against mobbing: problems of rulemaking and judicial practice." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 16, no. 4 (December 14, 2022): 624. http://dx.doi.org/10.18255/1996-5648-2022-4-624-633.
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The article is devoted to the analysis of the problem of combating mobbing. The article substantiates that mobbing is not just an interdisciplinary concept, but also quite thoroughly rooted in common sense. Second, the everyday understanding of mobbing is clearly manifested in the claims of employees against employers, which were analyzed in the article. It was concluded that a request for a legislative ban on mobbing and its delineation was already quite ripe in society. The authors proposed a definition of mobbing, which they propose to include in the Labor Code of the Russian Federation. Also, the authors analyzed the current capabilities of employees in the fight against vertical mobbing (bossing). In particular, attention was paid to the provision of Art. 195 of the Labor Code of the Russian Federation, which gives the right to the representative body of employees to demand that the head of the organization be brought to disciplinary responsibility up to dismissal. The grounds for dismissal, which can be applied to the manager in the event of a boss, are analyzed. It was concluded that without a legislative ban on mobbing, bringing the head of the organization to justice is quite difficult. Also, by-laws, which mention mobbing, in the field of education, were analyzed. It was concluded that the state and local governments are making certain efforts to combat mobbing, but these efforts are aimed at mobbing in relations between students. As for the fight against mobbing of teachers in relation to students and each other, the authors identified 3 grounds for dismissal, according to which, according to the current legislation and judicial practice, a teacher can be dismissed.
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Al-Kubissi, Abdulwahhab Gumaah, and Shatha Ahmed Al-Assaf. "Reasons for Hand Pulling Public Employees from Their Position and Judicial Oversight of the Decision to Pull Hand in The Iraqi and Jordanian Laws." Journal of AlMaarif University College 32, no. 2 (April 30, 2021): 328–45. http://dx.doi.org/10.51345/.v32i2.254.g226.
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This research focuses on the reasons for withdrawing the public employees hand from his position in the Iraqi and Jordanian Laws and judicial oversight over the decision to withdraw. He public employees. The research tries to answer a very important problem which is the extent of the legal regulation for the reasons for withdrawing the employees hand from the work of this job and the judicial: The first topic focuses on the reasons for withdrawing the public employees hand from his position. The second topic deals topic deals with judicial oversight of decisions to withdraw the employees hand from his position. A number: 1- that the administrative courts look into the penalties directed at the employee from the administrant to the employee who has withdrawn the hand from his public office. especially in the penalties of dismissal and dismissal, provided that the appeal is mandatory either by the employee or by investigative committee to raise all the investigative papers and the penalty directed to the employee to the administrative court consider whether the punishment is correct or not, the two penalties mentioned above are among the most serious penalties that are applied to the employee. 2- He suggested to the civil service system, setting time to suspend the year from work and not to be dismissed because in this it generates the state treasury and harms the public employee who is suspended from work to receive half of his salaries and does not provide any community service.
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Лебедев, В., V. Lebedev, Е. Лебедева, and E. Lebedeva. "Firm and Employees: Relationship Mechanism is Being Improved." Scientific Research and Development. Economics of the Firm 6, no. 3 (October 4, 2017): 18–26. http://dx.doi.org/10.12737/article_59c10799e29b71.59626110.
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In June 2017, amendments to the Labor Code of the Russian Federation came into force, which resulted from the incorporation of previously canceled departmental recommendations into the federal law on overtime, shorter working hours, and a non-standardized working day. The analysis of changes in the labor legislation regarding compensation for work on weekends and holidays, for work in conditions of parttime work, overtime payment is analyzed. New laws and law enforcement practice are considered, including strengthening the employer’s liability for delay in payments which are payable to the employee, compensation in connection with the granting of unused leave with subsequent dismissal.
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Kaufmann, O. "Weakening of Dismissal Protection or Strengthening of Employment Policy in France?" Industrial Law Journal 36, no. 3 (September 1, 2007): 267–86. http://dx.doi.org/10.1093/indlaw/dwm016.
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Cranmer, Frank. "Methodist Ministers: Employees or Office-holders?" Ecclesiastical Law Journal 15, no. 3 (August 15, 2013): 316–25. http://dx.doi.org/10.1017/s0956618x13000446.
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The issue of whether or not a minister of religion is an employee or an office-holder came before the Supreme Court in an action for unfair constructive dismissal against the Methodist Church. The Court held by a majority of four to one that, on the basis of the Church's Deed of Union and Standing Orders, the terms of engagement of ministers were not contractual for the purposes of employment law and that a minister's duties were not consensual. The judgment moderates somewhat the impact of the earlier judgment of the House of Lords in Percy v Board of National Mission of the Church of Scotland – and makes the employment status of ministers even more sensitive to the facts of the individual case than it was before.1
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Phungula, Simphiwe P. "The clash between the employee's right to privacy and freedom of expression and social media misconduct: What justifies employee's dismissal to be a fair dismissal?" Obiter 41, no. 3 (January 1, 2021): 504–18. http://dx.doi.org/10.17159/obiter.v41i3.9576.
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The 21st century has an increase in the use of the internet as a means of trading. The use of the internet has also influenced the use of social media as a means of communication. This communication extends to the employer–employee relationship in the workplace. However – in South Africa – due to the rapid use of social media both in and out of the workplace, it has become blurry of what constitutes social media misconduct for which an employee may be disciplined. This is exacerbated by the lack of specific legislation dealing with employees and social media misconduct in South Africa. This article deals with the blessings and the curse of using social media as a means of communication in the workplace. It reveals the difficulties faced by both employers and employees when determining to what extent the behaviour of an employee can constitute adequate grounds for dismissal in relation to that employee’s social media misconduct. Recommendations are made on the way forward.
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Babenko, E. "PROPOSALS FOR IMPROVEMENT OF LEGAL REGULATION OF EXEMPTION OF WORKERS IN CONNECTION WITH CHANGES IN PRODUCTION AND LABOR ORGANIZATION." Social Law, no. 2 (April 15, 2019): 16–21. http://dx.doi.org/10.37440/soclaw.2019.02.02.
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The article is devoted to the formulation of proposals for improvement of the legal regulationof dismissal of employees due to changes in the organization of production and labor. Attention is paidto the issue of limiting the extent of the employer 's freedom to satisfy the right of employees topreferential leave of work, as well as to reducing the regulatory uncertainty of the order of dismissal.The specific content of the articles is proposed, which could be used to resolve the issues raised
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Volchenko, Tatiana V. "Influence of personal characteristics of talents on voluntary dismissal: The case of Sheremetyevo international airport." Vestnik of Saint Petersburg University. Management 21, no. 2 (2022): 214–36. http://dx.doi.org/10.21638/11701/spbu08.2022.203.
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The article discusses the use of personal characteristics of talented employees in assessing the likelihood of their voluntary turnover. Despite a growing number of publications on talent management issues, most of the works focus on studying institutional conditions or corporate management practices. At the same time, a scant attention is paid to the peculiarities of talented employees’ labor behavior, including a critical problem for organizations in talent management — voluntary turnover. The paper aims to investigate the influence of the personal characteristics of talented employees on their decision to resign voluntarily. The theoretical part of the work is based on the model of an objective view on understanding qualified employees as those who have a particular set of characteristics that can determine their behavior regardless of the organizational context. In addition to the main socio-demographic and professional aspects of talents, the work uses non-cognitive personality parameters described by the “Big Five” model. The empirical part of the study is based on the data from a survey of 180 employees which was included in the talent management program of Sheremetyevo Airport. The results confirmed the influence of socio-demographic and non-cognitive characteristics on the likelihood of talented employees’ voluntary turnover. Also, some of the parameters, in contrast to the previous studies, have the opposite effect, and talent management programs do not retain talented employees. Despite its novelty, the conclusions of the work are limited because the empirical data was obtained from one though a heterogeneous company by its labor characteristics and the research was conducted during the crisis of 2020. The extension of the sample along with the set of non-cognitive traits can serve as a direction for further studies.
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McShane, Steven L., and David C. McPhillips. "Predicting Reasonable Notice in Canadian Wrongful Dismissal Cases." ILR Review 41, no. 1 (October 1987): 108–17. http://dx.doi.org/10.1177/001979398704100109.
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In Canada, an employee dismissed without just cause—defined to include layoffs for lack of work as well as dismissals without sufficient grounds—can sue the employer for a severance payment in lieu of “reasonable notice.” Because the court determines reasonable notice according to the circumstances in each case, employers cannot easily calculate the correct amount of severance to give employees. The authors of this study identify the factors that significantly affected the length of notice awarded in more than 100 British Columbia cases in 1980–86 and develop a regression-based algorithm to estimate reasonable notice. They find that seven predictors account for 69 percent of the variance in reasonable notice awards. A test of the model with Canada-wide data shows it to be highly generalizable to other wrongful dismissal cases in Canada.