Academic literature on the topic 'Employees rights in the EEC'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Employees rights in the EEC.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Employees rights in the EEC"
1
Roe, Thomas. "Transfer of undertakings–dismissals and variations." Cambridge Law Journal 58, no. 1 (March 1999): 1–48. http://dx.doi.org/10.1017/s0008197399341015.
Full textAbstract:
IN conjoined appeals in Wilson v. St. Helens Borough Council [1998] 3 W.L.R. 1070, the House of Lords considered two important questions concerning the Transfer of Undertakings (Protection of Employment) Regulations 1981, S.I. 1981/1794, which enact the Acquired Rights Directive (77/187/EEC): Wrst, whether a purported dismissal of an employee, the reason or principal reason for which is the transfer of an undertaking, is eVective or is a nullity, and secondly, the extent to which employees are free, expressly or by conduct, to accept variations by the transferee in their terms of employment.
2
Hunt, Jo. "The Court of Justice as a policy actor: the case of the Acquired Rights Directive." Legal Studies 18, no. 3 (September 1998): 336–59. http://dx.doi.org/10.1111/j.1748-121x.1998.tb00021.x.
Full textAbstract:
In 1977, the Council of the European Community unanimously adopted Directive 77/187/EEC on the approximation of laws of the member states relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses, or parts of businesses. The first half of the 1970s had witnessed an ever increasing incidence of business restructuring throughout the territory of the Community. Concern over the possible impact of such structural changes on affected employees prompted the introduction of the Acquired Rights Directive, which, according to its preamble, had the primary purpose of providing ‘for the protection of employees in the event of a change of employer, in particular to ensure that their rights are safeguarded’. In the event that a transfer of an undertaking results in a change of employer, the directive provides for the automatic transfer of the employment relationship from the old employer (the transferor) to the new employer (the transferee).
3
ME Manamela. "The Contest Between Religious Interests and Business Interests ‒ TFD Network Africa (Pty) Ltd v Faris (2019) 40 ILJ 326 (LAC)." Obiter 41, no. 4 (March 24, 2021): 961–73. http://dx.doi.org/10.17159/obiter.v41i4.10498.
Full textAbstract:
The right to freedom of religion is one of the fundamental human rights. This is evident from several sections of the Constitution of the Republic of South Africa, 1996 (the Constitution), including sections 9, 15 and 31. Section 9(4) prohibits unfair discrimination (whether direct or indirect) against anyone on one or more of the grounds listed in section 9(3), which includes religion. Section 15(1) states that everyone has the right to freedom of conscience, religion, thought, belief and opinion, while section 31(1)(a) provides that persons belonging to a religious community may not be denied the right to practise their religion with other members of the community.In line with the Constitution, labour legislation such as the Labour Relations Act 66 of 1995 (LRA) and the Employment Equity Act 55 of 1998 (EEA) also protects this right. Section 187(1)(f) of the LRA provides that if an employee is discriminated against and is dismissed based on religion, among other grounds, such a dismissal will be deemed to be an automatically unfair dismissal. Section 6(1) of the EEA prohibits unfair discrimination, whether direct or indirect, in any employment policy or practice based on prohibited grounds such as religion. It is evident from all the above provisions that the right to freedom of religion is vital to people’s lives, including employees’ lives.Although an employee has the right to practise religion, he or she also has the common-law duty to render services or to put his or her labour potential at the disposal of the employer as agreed in terms of the contract of employment – except during the employee’s annual leave, sick leave and maternity leave. An employee may therefore be in breach of this duty if he or she refuses to work or deserts his or her employment or absconds from his or her employment or is absent from work without permission. In addition to the above duty, employees have a duty to serve the employer’s interests and to act in good faith.
Often, employees’ right to freedom of religion collides with their duty to render services and to serve the employer’s interests; employees present various reasons related to their religious practices for their failure to render services. As a result, employers are regularly required to be lenient and make efforts to accommodate employees’ religious beliefs in the workplace. At times, this becomes a burden to employers as they have to accommodate employees with diverse individual religious interests, but also ensure that their businesses remain operational. Religion remains one of the most contentious and problematic areas for employees and employers to deal with in the workplace.The discussion that follows evaluates the court’s finding in view of relevant constitutional provisions, labour law legislation and common law. It further considers the position under American law regarding religion and reasonable accommodation in the workplace.
4
Kokott, Juliane. "Kowalska v. City Of Hamburg." American Journal of International Law 85, no. 2 (April 1991): 348–51. http://dx.doi.org/10.2307/2203071.
Full textAbstract:
Maria Kowalska, a former administrative officer of the City of Hamburg, requested payment of an extra allowance on the occasion of her retirement. The Collective Agreement for Federal Employees (Agreement) prescribed such allowanees for full-time employees only. Ms. Kowalska was a part-time employee and was therefore not entitled to the extra allowance according to the Agreement. The questions the Labor Court Hamburg referred to the Court of Justice of the European Communities were: (1) whether a collective bargaining agreement provision excluding part-time employees from certain allowances violates Article 119 of the Treaty Establishing the European Communities (equal pay for men and women), part-time employees being mostly female; and (2) if there is discrimination incompatible with EEC law, do part-time employees have a right to extra allowances proportionate to their working hours on the basis of Articles 119 and 117 (improvement and harmonization of workers’ conditions) and Council Directive 75/117 on equal pay for men and women, notwithstanding the provision to the contrary in the Agreement, or do freedom and autonomy in collective bargaining preclude such a right?
5
Kovačević, Ljubinka. "Predictability of working conditions as a prerequisite for effective exercise of labor rights: A review of directive (EU) 2019/1152." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 4 (2020): 1339–62. http://dx.doi.org/10.5937/zrpfns54-27454.
Full textAbstract:
Employee, as a weaker (legally subordinate and economically dependent) party to the employment relationship, needs to be informed about working conditions in a timely and appropriate manner, especially in countries where the employment contract does not have to be concluded in writing. Providing information on working conditions to the employees, therefore, represents an important prerequisite for effective enjoyment of employment rights, because it allows them to properly assess their own employment status, and in the event of a labor dispute, makes it easier to prove the contractual working conditions. This can also contribute to the fairness of the competition on the market, as well as the suppression of undeclared work, because absence of an employer's written notice regarding working conditions can serve as an indicator, to the labor inspection and other relevant authorities, of violation of labor rights in a particular entreprise. Although an employer's obligation to inform workers about working conditions is regulated in detail by the Council Directive 91/533/EEC at the EU level, many workers are denied written notice, due to, amongst other things, the emergence of new forms of employment that are heavily associated with the risk of difficulty in exercising labor rights. Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union, which is applied to the new forms of employment, as well as to bogus self-employment seeks to overcome this risk, and, in addition to expanding the circle of persons who have to be notified, it also establishes the catalog of minimum rights of all workers. Therefore, the article critically discusses the key solutions from the new directive, pointing out the risk that such a wide circle of protected persons may deter employers from establishing employment, as well as from consistent application of relevant (labor law, social law and tax law) regulations.
6
Habro, Irina, and Mykhailo Solomko. "Development of environmental diplomacy of the European Union." European Historical Studies, no. 18 (2021): 6–13. http://dx.doi.org/10.17721/2524-048x.2021.18.01.
Full textAbstract:
The article is devoted to the analysis of the development of environmental diplomacy of the European Union. Today environmental diplomacy has become an important way for states to promote their course of environmental diplomacy, to protect their environmental rights and interests, to promote their own economic and environmental development. The most striking example of the application of green diplomacy on a regional and global scale is the environmental policy implemented by EU member states. Within the EU there is a huge number of environmental programs for the development of renewable energy sources, protection of flora and fauna, as well as combating pollution of water and land resources. To implement its own environmental diplomacy, the EU has adopted a number of important regulations, which are analyzed in the article. The most thorough legal act in the field of environmental diplomacy was Council Directive 85/337 / EEC of 1985 on the assessment of the effects of public and private projects on the environment. This directive reflects the EU’s desire to draw the attention of government agencies and the public to environmental issues and to encourage their collective solution. EU environmental diplomacy is carried out through diplomatic missions, missions, delegations, as well as at the individual level. It involves European politicians and officials who are able to influence international public opinion, employees of foreign ministries and diplomatic missions. The EU also involves third countries as partners to discuss the most pressing environmental issues and their future solutions: climate change, biodiversity conservation, soil depletion, forest and water resources, and renewable energy. Environmental protection is one of the priority areas for European integration. States wishing to join the EU must meet its environmental standards and implement key principles of environmental legislation. It is noted that the EU countries are trying to transfer the economy to clean technologies and diplomatically encourage others to take measures to improve the environmental situation.
7
C. Jain, Harish, John J. Lawler, Bing Bai, and Eun Kyung Lee. "Effectiveness of Canada’s Employment Equity Legislation for Women (1997-2004): Implications for Policy Makers." Articles 65, no. 2 (August 31, 2010): 304–29. http://dx.doi.org/10.7202/044304ar.
Full textAbstract:
This study focuses on the effectiveness of the federal Employment Equity Act (EEA). We assess the EEA with regard to female employees using quantitative data from employer reports published under the provisions of the EEA and the Canadian Census. Data in this study cover the period 1997 to 2004. Women constitute the largest of the designated groups, so the effectiveness of the law could have major implications for the welfare of a significant proportion of the Canadian workforce. The most significant finding is that employment equity has increased over time, but at a diminishing rate. In fact, there may be something of a downturn in employment equity for women in the industries covered by the EEA. It is clear from our analysis that women employees in the companies covered by the EEA continue to be under-represented, especially in large companies. Monitoring and enforcement of employment equity in these firms by the Canadian Human Rights Commission (CHRC) needs to be undertaken and is essential, since it cannot be taken for granted that larger firms do well in employment equity, overall. Our results and analysis indicate that smaller firms had higher employment equity than larger firms. It may also be necessary for the CHRC to examine the particular occupational groups within larger companies where employment equity is either low or non-existent relative to the Census. The continuing underlying pattern of sex segregation has changed to only a limited extent. For instance, employment opportunities for women continue to be problematic (that is, senior managers, skilled crafts and trades workers) and will require continued and perhaps intensified efforts to resolve. There are large discrepancies between employment equity in primary (i.e., full-time, permanent jobs) and secondary (i.e., temporary and part-time jobs), with employment equity being much lower in the primary sector. Human Resources and Social Development Canada need to have active labour market policies to correct this imbalance.
8
Fernandes, Teresa, Marta Morgado, and Maria Antónia Rodrigues. "The role of employee emotional competence in service recovery encounters." Journal of Services Marketing 32, no. 7 (October 8, 2018): 835–49. http://dx.doi.org/10.1108/jsm-07-2017-0237.
Full textAbstract:
Purpose Employees’ emotional competencies (EEC) are skills, based on emotional intelligence, used to perceive, understand and regulate customer emotions during a service encounter. In the context of service recovery, these skills are especially important and allow employees to influence consumers’ attitude and behaviours. The purpose of this study is to assess the direct and indirect impacts of EEC in post-recovery satisfaction, trust, word-of-mouth and repurchase intention, considering the moderating role of service (level of employee-customer contact) types. Design/methodology/approach A total of 355 customers who experienced a service failure and subsequent recovery were surveyed using a self-administered questionnaire. EEC was specified as a formative construct, determined by its perceiving, understanding and regulating dimensions. To measure EEC and its impact on selected outcomes, PLS-SEM was used. A multi-group analysis was performed to analyse the moderating role of service type. Findings Results confirm EEC as a formative construct, with a positive direct impact on post-recovery satisfaction, particularly in high-contact customized services. Findings also reveal the mediating role of satisfaction on selected outcomes, and the significant direct impact of EEC on trust, even when controlling for satisfaction. Originality/value EEC remains unexplored in the service recovery literature, and most research fails to understand how EEC role may vary given contextual differences. This study adopts a consumer perspective of EEC in the emotionally charged situation of service recovery, considering the moderating role of service type. The authors further contribute to both literature streams while examining the impact of EEC on post-recovery evaluations. Companies should consider these findings in the recruitment and training of front-line employees to develop better service recovery strategies.
9
Yablunovska, K. "EUROPEAN STANDARDS FOR THE RIGHT TO FREEDOM OF MOVEMENT AND RIGHT TO FREE CHOICE OF RESIDENCE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 115 (2020): 63–68. http://dx.doi.org/10.17721/1728-2195/2020/5.115-13.
Full textAbstract:
The article examines the system of standards for the right to freedom of movement and the right to free choice of residence that exist in the European Union. A wide range of general and special legal methods and techniques of scientific knowledge are used, in particular: comparative law, systemstructural and formal- dogmatic research methods, as well as the methods of scientific knowledge (analysis and synthesis, induction and deduction, classification, etc). As a result of the study, the author substantiates the scientific position that the existing system of standards for the right to freedom of movement and the right to free choice of residence in Ukraine only partially meets the standards of these rights that exist in EU member states. The difference between these standards exists on the level of specifics of legal regulation for the implementation of these human rights by family members of citizens of EU member states, as well as the goals pursued by the implementation of relevant standards. Bringing Ukrainian standards of these human rights in line with European counterparts involves rule-making activities of public administration. The source of such rule-making should be Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (2004). The effectiveness of bringing Ukrainian standards for the right to freedom of movement and the right to free choice of residence in line with EU standard will be increased significantly if the public administration has standards for legal regulation of relations between it and individuals in the process of exercising these rights by the latter. In our opinion, the Allgemeine Verwaltungsvorschrift zum Freizügigkeitsgesetz / EU (AVV zum FreizügG / EU) (General Administrative Code of the Law on Freedom of Movement of Citizens) can be considered as such a standard, as it is created in strict accordance with the EU Directive and other EU legal acts
10
Driver, John C. "Marketing Rights: Some Planning Implications of EEC Decisions." Marketing Intelligence & Planning 3, no. 2 (February 1985): 57–67. http://dx.doi.org/10.1108/eb045715.
Full textDissertations / Theses on the topic "Employees rights in the EEC"
1
Wenlock, Heather. "The management of transfer of undertakings : a comparison of employee participation practices in the United Kingdom and the Netherlands." Thesis, University of Oxford, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.305856.
Full text
2
Carey, Gina L. "Long-term Temporary Employees: Perceptions of Rights and Representation." OpenSIUC, 2013. https://opensiuc.lib.siu.edu/theses/1343.
Full textAbstract:
Between May 2008 and August 2009, temporary employees were solicited, interviewed, and hired by Agency A under the expectation that they would be eligible for conversion to permanent employee status at Company Z after a 90-day period. This qualitative case study examines those long-term temporary workers in regard to their perceptions of their rights, representation, and morale and performance levels after pre-employment promises were not honored. Potential participants were identified as long-term temporary workers employed by Agency A and assigned to Company Z. Participants were interviewed and results were transcribed and analyzed for a pattern or theme. Findings indicated that all participants entered into the employment agreement with Agency A with the understanding that the position was a temporary to hire position; that the job would lead to a permanent position with Company Z. While participants revealed feelings of frustration, isolation, insecurity and low self-esteem as a result of a perceived lack of representation from both the Agency and the Company, their perceptions of morale and productivity were surprisingly positive. In the subject of temporary employee representation and management there is a lack of diverse research, especially in the area of long-term temporary workers. This case study provides a glimpse into this population and indicates, on a small scale, the need for temp industry-wide improvements in the representation and management of long-term temporary employees. As the population of this sector of the workforce continues to rise dramatically, more focus is needed to avoid exploitation of long-term temporary workers and provide an equal work experience.
3
Antoniades, Louiza. "Social Networks in the workplace : employees’ rights to online privacy." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/45969.
Full textAbstract:
The aim of this application is to complete the LLM degree with a dissertation entitled
“Social networks in the workplace: employees’ rights to online privacy”.
The study entails an analysis of the current regulatory environment in South Africa,
together with relevant case law and legislation involving the rights of employees’ in
the workplace accessing social networking sites during working hours. The aims of
this study are to analyse the current South African legislative position, and to
determine the legal framework for the protection of employees’ online privacy.
It can be seen from the basic information below, that one of the questions that arises
is whether privacy can exist where there is in actual fact no physical space, and
whether there is any legislation that can be applied in order to reach a conclusion.
It is clear that the dissertation is working from a hypothesis that an employee’s right
to online privacy is protected through various South African legislation as well as
case law, provided that certain measures are taken. At present an employer is
required to put in place an electronic communications policy in the workplace which
should also comply with Schedule 8 of the Labour Relations Act 66 of 1995. The
Employee must then be made aware of such a policy and consent must be given by
the employee by signature thereof, which shall then bind the employee to the terms
of the policy.
The dissertation further looks at the following questions that arise as to what rights
the employers’ have in respect of monitoring their employees’ online activity and
what the employees’ rights to online privacy are with regard to social networks during
the course of working hours. Legislation is referred to, for example the interplay
between the PPI and RICA. The ECT Act is also discussed with reference being
made to unauthorised access and interception with data, section 86(1) in particular
prohibits the above without the necessary consent to do so. These present the most pertinent questions that are to be answered in the
dissertation. The dissertation will reach a conclusion as to the above with all relevant
authorities, case law and legislation.Mini Dissertation (LLM)--University of Pretoria, 2014.
tm2015
Mercantile Law
LLM
Unrestricted
4
Gauss, Tanja Claudine. "The extension of employment rights to employees who work unlawfully." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1569.
Full textAbstract:
South Africa has over the years and particularly since the enactment of our new Constitution, attracted an increasing number of foreigners. One of the main problems associated with the large number of illegal immigrants in this country is that they are placing strain on South Africa‟s already scare resources such as housing and healthcare. A further problem is that these illegal immigrants are competing with South Africans for jobs which are already scarce, and thus aggravating the unemployment situation. Nevertheless, these illegal immigrants are being employed and by virtue of their circumstances are easily exploited and often the victims of cheap labour, corruption, eviction and assault. Given that these workers are illegal immigrants not in possession of the required work permits, their employment is prohibited by the Immigration Act 13 of 2002. They are thus illegal workers. Another category of illegal workers are those, predominantly women, who are employed in an industry which offers easy income with no contractual obligations – the prostitution industry. Despite the prohibition of prostitution by the Sexual Offences Act 23 of 1957, the prostitution industry throughout South Africa continues to exist. These workers are also particularly vulnerable and easily exploited and abused by their employers. Illegal immigrants and sex workers in South Africa have until recently been denied access to the protection of our labour legislation, by virtue of the illegality of their employment contracts. However two recent controversial decisions, that of the Labour Court in the Discovery Health case, and that of the Labour Appeal Court in the Kylie case, have changed this position.
5
Smeltzer, Gerald Gilbert. "Legal rights to information and skilled employees in the computer industry." Thesis, University of British Columbia, 1985. http://hdl.handle.net/2429/24436.
Full textAbstract:
Canada is currently experiencing the transition to a post-industrial society as the result of the wide spread introduction of information related technologies. This thesis focuses on the legal rights to information of skilled employees who work with modern computer technology. The objective is to assess the adequacy of existing laws to meet the needs of employers and employees and to serve the public interest.
The initial chapters concentrate on the legal principles of trade secrets and breach of confidence as applied to the employment relationship. Patent and copyright protection for software is briefly reviewed but not emphasized.
Against this background, the major portion of the thesis examines the delicate balance between the legal interests of the employer, the employee and the public. Any attempt by employers to limit post employment use of information by employees invokes the doctrine of restraint of trade. This doctrine recognizes an employee's right to use the knowledge and skills developed during employment for the benefit of other employers. The thesis examines the elements of the restraint of trade doctrine as applied to skilled employees in the computer industry.
The creation and development of software is used throughout the thesis to illustrate legal principles. Employers such as software developers are extremely vulnerable to misappropriation of confidential information by their employees. Such employers rely heavily upon the use of restrictive covenants in employment agreements to limit disclosure and to prevent future competition. The remedies for an employee's breach of confidence are reviewed. This chapter concludes that the legal principles governing interlocutory injunctions are inadequate to properly protect the information employer.
The thesis concludes that the present Canadian law is increasingly inadequate to protect a computer industry employer against an employee's unauthorized appropriation of confidential information. In short, the law has not yet recognized the social and technological changes that have greatly increased the vulnerability of the information employer.
If neither the courts nor the legislatures take action, information employers will have to further increase their reliance on the limited and uncertain protection of restrictive covenants in employment agreements.Law, Peter A. Allard School of
Graduate
6
Nsubuga, Hamiisi J. "The rights of employees on corporate insolvency : a UK and US perspective." Thesis, Nottingham Trent University, 2018. http://irep.ntu.ac.uk/id/eprint/32934/.
Full textAbstract:
This thesis considers how Dworkin's interpretative approach to law may be used to resolve the uncertainties in how a balance can be achieved between employee protection and corporate rescue laws during corporate insolvency. There exist a significant number of academic theses on the role that insolvency law should play in a legal system, and the tension that corporate insolvency creates between employment protection and corporate rescue laws during corporate insolvency. However, there is also a dearth of academic work on how the tension between employee protection and corporate rescue laws may be balanced through interpretation. The commencement of formal insolvency proceedings by an employer affects employees' rights and interests. Employment laws seek to protect employees' rights and interests while insolvency laws seek to promote corporate rescue which may entail workforce changes. Consequently, this creates a tension between whose interest insolvency law should give primacy of protection. Theoretical perspectives from what has been termed the traditionalist and proceduralist theoretical schools that dominate the field of insolvency, arguably, do not provide satisfactory avenues through which a balance may be achieved between employment protection and corporate rescue. While traditionalists' perspectives consider the interests of extant stakeholders as a whole and support fairness in distributive imperatives in insolvency, they do not provide clear answers on how these perspectives may be balanced and applied to corporate insolvencies. Proceduralists, however, provide clear answers to the factors to be taken into account during corporate insolvency but their perspectives give primacy to maximising creditors' returns rather than an inclusive distributive approach, which may be an unsatisfactorily narrow approach to stakeholders as a group. This thesis therefore, applies Dworkin's interpretative approach to law as a remedy that would arguably, provide an approach through which a balance may be achieved between employment protection and corporate rescue objectives during corporate insolvency.
7
McDermott, Michael C. "Foreign divestment and employee disclosure and consulatation in the UK, 1978-1985." Thesis, University of Glasgow, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.236561.
Full text
8
Gillespie, Neil. "The legal protection of temporary employees." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1019793.
Full textAbstract:
This paper is divided into two distinct sections. The first being an analysis of the legal protection of temporary employees as things currently stand. It deals with the various labour laws that currently regulate temporary employment as well as the temporary employment contract and the common-law. The second section summarises and analyses the provisions of the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill as they apply to fixed-term employees. Temporary employees are protected by the general protection extended to all employees in terms of section 23(1) of the Constitution of the Republic of South Africa, 1996, guaranteeing all employees the “right to fair labour practice”. The Labour Relations Act has as one of its main objectives to give effect to and regulate the fundamental rights contained in the Constitution. Thus the Labour Relations Act must not only give effect to constitutional rights but it must also ensure that it in no way unreasonably or unjustly denies or limits constitutional rights. Temporary employees have a number of labour laws protecting their interests. Where the provisions of the Basic Conditions of Employment Act, a Bargaining Council Agreement or a Sectoral Determination do not apply the employee will rely on the terms of the fixed-term employment contract and thereafter the common law for protection. The only protection offered to temporary employees contained in the Labour Relations Act is in section 186(1)(b), where a dismissal is defined to include the non-renewal of temporary contracts of employment where there is a reasonable expectation of renewal on the same or similar terms. This provision has proved to be highly controversial in that it does not expressly cater for temporary employees who harbour reasonable expectations of indefinite employment. An analysis is made of the most important cases relating to section 186(1)(b). The second section unpacks and critically analyses the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill which have been long in the offing and when they are finally enacted, will bring with them sweeping changes for atypical employment . The amendments will drastically change the way employers make use of fixed-term employees as well as the way in which Temporary Employment Services may conduct business if they are in fact able to keep working at all. There is very little literature of substance written about the Labour Relations Amendment Bill as it applies to atypical employment. The fact that the proposed amendments have changed so many times over such a long period of time might have deterred many writers from investing time and effort in attempts to analyse and summarise the amendments. Articles posted on the internet are in the main short and have very little content. No books were found with any discussion that pertains to the amendments. The amendments divide employees involved in atypical employment into two different categories. These categories consist of employees earning above the threshold in terms of section 6(3) of the Basic Conditions of Employment Act and those earning below this threshold. All fixed-term employees may rely on the provisions of section 186 of the Labour Relations Act. Employees earning below the threshold are considered to be the most vulnerable and have been afforded additional protections in terms of sections 198(A), (B) and (C). Issues surrounding Temporary Employment Services and fixed-term employees have been very divisive and have been the topics of heated debate at all levels of Industrial Relations for a long time. Discussions regarding the use of the services of Temporary Employment Services can be highly emotive, with Temporary Employment Services being accused of committing wideThis paper is divided into two distinct sections. The first being an analysis of the legal protection of temporary employees as things currently stand. It deals with the various labour laws that currently regulate temporary employment as well as the temporary employment contract and the common-law. The second section summarises and analyses the provisions of the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill as they apply to fixed-term employees. Temporary employees are protected by the general protection extended to all employees in terms of section 23(1) of the Constitution of the Republic of South Africa, 1996, guaranteeing all employees the “right to fair labour practice”. The Labour Relations Act has as one of its main objectives to give effect to and regulate the fundamental rights contained in the Constitution. Thus the Labour Relations Act must not only give effect to constitutional rights but it must also ensure that it in no way unreasonably or unjustly denies or limits constitutional rights. Temporary employees have a number of labour laws protecting their interests. Where the provisions of the Basic Conditions of Employment Act, a Bargaining Council Agreement or a Sectoral Determination do not apply the employee will rely on the terms of the fixed-term employment contract and thereafter the common law for protection. The only protection offered to temporary employees contained in the Labour Relations Act is in section 186(1)(b), where a dismissal is defined to include the non-renewal of temporary contracts of employment where there is a reasonable expectation of renewal on the same or similar terms. This provision has proved to be highly controversial in that it does not expressly cater for temporary employees who harbour reasonable expectations of indefinite employment. An analysis is made of the most important cases relating to section 186(1)(b). The second section unpacks and critically analyses the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill which have been long in the offing and when they are finally enacted, will bring with them sweeping changes for atypical employment . The amendments will drastically change the way employers make use of fixed-term employees as well as the way in which Temporary Employment Services may conduct business if they are in fact able to keep working at all. There is very little literature of substance written about the Labour Relations Amendment Bill as it applies to atypical employment. The fact that the proposed amendments have changed so many times over such a long period of time might have deterred many writers from investing time and effort in attempts to analyse and summarise the amendments. Articles posted on the internet are in the main short and have very little content. No books were found with any discussion that pertains to the amendments. The amendments divide employees involved in atypical employment into two different categories. These categories consist of employees earning above the threshold in terms of section 6(3) of the Basic Conditions of Employment Act and those earning below this threshold. All fixed-term employees may rely on the provisions of section 186 of the Labour Relations Act. Employees earning below the threshold are considered to be the most vulnerable and have been afforded additional protections in terms of sections 198(A), (B) and (C).
9
Santi, Mary E. "Remuneration, benefits, and privacy canonical standards for lay employees in the Church /." Theological Research Exchange Network (TREN), 2006. http://www.tren.com/search.cfm?p029-0670.
Full text
10
Prinsloo, Monique Francis. "Protection of pregnant employees in the South African workplace : a labour law perspective." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5147.
Full textAbstract:
Magister Legum - LLMThe Constitution of South Africa lists pregnancy as a prohibited ground for discrimination. The South African labour law regime likewise makes provision for the protection of women and pregnant employees in the workplace. This protection is against less favourable treatment, through measures that prohibits dismissal and discrimination based on pregnancy. In defiance of these laws, the recent trend indicates that the less favourable treatment of women and pregnant employees in the South African workplace environment has become more prevalent and this has become a contentious issue. Thus, this study will firstly, in view of relevant constitutional guarantees, focus on labour legalisation (and where relevant, related legislation outside the labour law arena) that has been enacted to provide for the protection of pregnant women in the workplace. Secondly, this study will demonstrate that despite these provisions that affords for formal protection of pregnant women in the workplace, practically many pregnant women continue to be treated unjustly because of their pregnancies or reasons related thereto. It is therefore clear that there is a setback with regard to the practical implementation of the laws protecting pregnant employees. Finally, this study will clearly highlight that measures need to be established where the law protects pregnant employees in the workplace, so that these laws serve its purpose and that they are implemented in the correct manner that it is intended to serve. This will be done through tabling recommendations concerning how labour law should be implemented so that the employment rights of women and pregnant employees are comprehensively protected.
Books on the topic "Employees rights in the EEC"
1
Tobias, Paul H. Job rights & survival strategies: A handbook for terminated employees. Cincinnati, Ohio: National Employee Rights Institute, 1997.
Find full text
2
United States. Internal Revenue Service. Ensuring the protection of taxpayers' rights: Responsibilities of examination employees. [Washington, D.C.?]: Dept. of the Treasury, Internal Revenue Service, 2000.
Find full text
3
Service, United States Internal Revenue. Ensuring the protection of taxpayers' rights: Responsibilities of examination employees. [Washington, D.C.?]: Dept. of the Treasury, Internal Revenue Service, 2000.
Find full text
4
United States. Internal Revenue Service. Ensuring the protection of taxpayers' rights: Responsibilities of examination employees. [Washington, D.C.?]: Dept. of the Treasury, Internal Revenue Service, 2000.
Find full text
5
Condon, Thomas J. "Fire me & I'll sue!": A manager's survival guide to employee rights. Ramsey, NJ: Modern Business Reports, 1986.
Find full text
6
Labor, United States Department Of. The EEO complaint process in the Department of Labor. [Washington, DC]: U.S. Dept. of Labor, Office of the Assistant Secretary for Administration and Management, Directorate of Civil Rights, 1992.
Find full text
7
Vriesendorp, R. D., and A. T. J. M. Jacobs. Werknemersrechten in faillissement: Een rechtsvergelijkende beschouwing. Den Haag: Boom Juridische Uitgevers, 2000.
Find full text
8
Rights of pregnant employees. Bicester: CCH Editions, 1985.
Find full text
9
Northern, Ireland Department of Higher and Further Education Training and Employment. Individual rights of employees. Belfast: Department of Higher and Further Education, Training & Employment, 2001.
Find full text
10
Employees' rights in plain English. Bethesda, Md: National Press, 1985.
Find full textBook chapters on the topic "Employees rights in the EEC"
1
Rothlin, Stephan, and Dennis McCann. "Employees: Dignity and Workers’ Rights." In International Business Ethics, 157–77. Berlin, Heidelberg: Springer Berlin Heidelberg, 2016. http://dx.doi.org/10.1007/978-3-662-47434-1_8.
Full text
2
Cate, Beth. "Constitutional Rights of Public Employees." In Global Encyclopedia of Public Administration, Public Policy, and Governance, 1–10. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-31816-5_2408-1.
Full text
3
Cate, Beth. "Constitutional Rights of Public Employees." In Global Encyclopedia of Public Administration, Public Policy, and Governance, 1091–100. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-20928-9_2408.
Full text
4
Zheng, Xiuzhi, and Lijie Lin. "Analysis on Causes of Employees’ Damaged Rights in Perspective of Property Rights." In Advanced Research on Electronic Commerce, Web Application, and Communication, 291–99. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-20370-1_48.
Full text
5
Roggemann, Herwig, and Jens Lowitzsch. "The Challenge: Functional Changes in Property Rights in Europe." In Financial Participation of Employees in the EU-27, 73–84. London: Palgrave Macmillan UK, 2009. http://dx.doi.org/10.1057/9780230274167_2.
Full text
6
Reynolds, John N. "The Rights and Duties of Shareholders, Employees and the State." In Sharing Profits, 157–70. London: Palgrave Macmillan UK, 2015. http://dx.doi.org/10.1057/9781137445452_9.
Full text
7
Mityushin, Dmitry A. "On DLP Systems at Objects of Informatization and Employees Rights." In Informatics and Cybernetics in Intelligent Systems, 264–71. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-77448-6_25.
Full text
8
Martin, Denis. "Chapter 1 Workers." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.126.
Full textAbstract:
In 1957, the authors of the Treaty only had economically active persons in mind when they expressed in what was then Article 3(c) EEC Treaty that for the purpose of establishing a ‘common market’, the activities of the Community shall include ‘the abolition, as between Member States, of obstacles to freedom of persons’. Those ‘persons’ were employed workers (now Article 45 TFEU) and the self-employed (now Article 49 TFEU). The EEC Treaty put the Council in charge ‘as soon as this Treaty enters into force’, to issue directives and adopt regulations with a view to ensuring freedom of movement. The first of those regulations was adopted in 1961.
9
Duke, Steven B. "Rights of Government Employees." In The William O. Douglas Inquiry into the State of Individual Freedom, 151–71. Routledge, 2019. http://dx.doi.org/10.4324/9780367274535-8.
Full text
10
"Rights of Public Employees." In Intellect and Craft, edited by Robert F. Nagel, 139–60. Routledge, 2019. http://dx.doi.org/10.4324/9780429038129-9.
Full textConference papers on the topic "Employees rights in the EEC"
1
Kelmere, Laila. "Protection of employees in insolvency proceedings." In 21st International Scientific Conference "Economic Science for Rural Development 2020". Latvia University of Life Sciences and Technologies. Faculty of Economics and Social Development, 2020. http://dx.doi.org/10.22616/esrd.2020.53.010.
Full textAbstract:
When an enterprise becomes insolvent, it affects the partners (suppliers) of the company, the State and has a significant impact on the employees. The issue of the protection of workers' rights is one of the most important aspects in situations where the employer is declared insolvent. The country can develop its own employee protection system in case of company’s insolvency. In this article, based on the statistical data for the period 2003 – 2019, the author analyses the situation in Latvia. The aim of the study is to analyse the existing employee protection mechanism in Latvia, which the State implements with the help of state entrepreneurial risk fee. Two ways of protecting the rights of employees or satisfying claims are distinguished: a privilege system and a guarantee system. Latvia chooses the guarantee system. In this article, based on the statistical data obtained, it is proved that the model chosen by Latvia is financially successful although creates a negligible burden for entrepreneurs, and its benefits are significant because, in line with the situation of Latvia, sufficient financial resources are accumulated each year and employees' claims are covered to a certain amount according to regulations in enactments, as well as the Income Tax and Mandatory State Social Insurance Contributions are paid from these requirements covered by the guarantee fund. The author considers that the State may act as an intermediary or insurer in the insolvency situations of an undertaking in order to protect employees and, in particular, the State budget from covering unforeseeable costs.
2
Deng, Yu-Lin, and Wen-Ping Wang. "Study on Incentive Mechanism of Knowledge Employees Based on Human Capital Property Rights." In 2009 International Conference on Management and Service Science (MASS). IEEE, 2009. http://dx.doi.org/10.1109/icmss.2009.5303355.
Full text
3
Knežević, Mirjana. "MINIMALNI NIVO ZAŠTITE PUTNIKA U VAZDUŠNOM SAOBRAĆAJU - REŠENJA EVROPSKE REGULATIVE I DOMAĆEG ZAKONODAVSTVA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.815k.
Full textAbstract:
This paper analyses the legal mechanisms which guarantee minimum rights to air passengers in case they are denied boarding against their will, their flight is cancelled or delayed. In case of breach of contracts of carriage by air, passenger rights are protected by law as special rights (minimum rights) and comprise the right to information, reimbursement, re-routing, care and indemnification. This study examines the existing regulation from the Law on obligations and the basics of property relations in air transport, which reflects the stipulations of the Montreal Convention (1999) and the Regulation 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 259/91. The Regulation defines minimum passenger rights protection and is part of our positive air transportation legislation. Although this is a significant step towards unifying the legal regulation and creating a common mechanism for protecting air passenger rights, we suggest that it also poses a serious challenge for air carriers: how will they meet all the demands of the modern air transportation market, and fully inform the passengers on their special rights and ways to exercise these in certain situations.
4
PERKUMIENĖ, Dalia, Rasa MERKIENĖ, and Ozgur OGUZ. "PROVISION OF EQUAL RIGHTS AND OPPORTUNITIES RELATING WITH LABOUR RELATIONS IN PUBLIC SECTOR." In Rural Development 2015. Aleksandras Stulginskis University, 2015. http://dx.doi.org/10.15544/rd.2015.125.
Full textAbstract:
Human rights are one of the most popular topics in modern global communities. Therefore, the adoption of the Law of the Republic of Lithuania on Equal Opportunities and the establishment of the institution that governs the execution of this law is a significant legal step which permits to actually ensure the compliance of one of the most fundamental rights of the individual, i.e. non-discrimination on the basis of gender. Equality, being one of the fundamental principles of human rights, is governed by international contracts and legal acts of the Republic of Lithuania. The results of the questionnaires permit to claim that the administration of Kaunas district municipality pays too little attention to the provision of the information about the Law on Equal Opportunities of the Republic of Lithuania and amendments where of to the employees of Kaunas district municipality. Thus there are a lot of problems related to the provision of equal opportunities to the employees at work.
5
Shi, Xiaoxu. "Research on the Protection Mechanism of Legal Rights and Interests of Employees in Enterprise Bankruptcy Reorganization." In 2021 6th International Conference on Social Sciences and Economic Development (ICSSED 2021). Paris, France: Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.210407.169.
Full text
6
Hellen dos Santos Clemente Damascen, Cláudia, Indiara Viana Ribeiro Ajame, Lara Rodrigues dos Santos Cesário, Shirles Bernardo Gome, and Bianca Gomes da Silva Muylaert Monteiro de Castro. "Human Rights Education: raising awareness of rights as a prevention of bullying in schools." In 7th International Congress on Scientific Knowledge. Perspectivas Online: Humanas e Sociais Aplicadas, 2021. http://dx.doi.org/10.25242/8876113220212371.
Full textAbstract:
Educational institutions consist of spaces for interaction and sociability, therefore, these spaces are composed of a multiplicity of people, each with their individualities, being, therefore, a locus of coexistence with diversity and of creating access opportunities for the equalization of opportunities. From this perspective, research on Human Rights Education means directing citizens in the fight for their rights and for a fairer society, as a form of full realization of citizenship. This research, at first, discusses the various forms of violence that occur in youth, especially those that occur in the school space, highlighting the causes and consequences of physical, psychological, symbolic violence and one of the most worrying in the world scenario: the " bullying". The general objective is to verify the existence and manifestations of violence in the school environment among students, teachers, managers and employees to understand the relationship that young people have with their peers, identifying the forms of violence called "bullying" that occur in the environment in an attempt to reflect on how such practices can be fought through Human Rights Education. Therefore, the methodology used will be qualiquantitative and will consist of a literature review, which will aim to situate human rights and bullying as objects in the field of socio-legal studies. Documentary analysis of laws dealing with human rights and education will be carried out, as well as field research, through which the questionnaire will be used as a data collection instrument to understand the perception of high school students about bullying and the disrespect for differences. The work will also involve quantitative analysis in the analysis of data to verify the incidence of bullying, its modalities and how Human Rights Education can contribute to respecting and valuing differences. With the completion of this research, it is expected to provide educators and students of educational institutions, an analysis of the importance of forming a culture of respect for human dignity, diversity, multiplying information and experiences that contribute to participatory awareness, rethinking the citizen reality of the population involved and reinforcing the socio-political-cultural identity of social segments and groups, based on the school reality and on Human Rights Education
7
Charisma, Dwie Riawelly. "Legal and Human Rights Protection to Non Permanent Employees Pursuant to Law No. 5 Year 2014 About State Civil Apparatus." In 3rd International Conference on Law and Governance (ICLAVE 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200321.023.
Full text
8
Sugiyanto. "Reconstruction of Regulation for Government Employees with Employment Agreements on Rights and Obligations as a Value-Based State Civil Apparatus." In International Conference on Law, Economics and Health (ICLEH 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200513.048.
Full text
9
Capíková, Silvia, and Mária Nováková. "WORKPLACE SAFETY CHALLENGES OF COVID-19 PANDEMICS: CASE OF SLOVAKIA." In Sixth International Scientific-Business Conference LIMEN Leadership, Innovation, Management and Economics: Integrated Politics of Research. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/limen.2020.65.
Full textAbstract:
Public health laws designed to protect the life and health of people have an impact on working conditions as a significant social determinant of health. Laws designed to reduce the spreading of COVID-19 also had an impact on the organization of work. Legal research methods were used to analyse the regulatory framework for occupational health in Slovakia since the COVID-19 pandemics outbreak on March 6th, 2020, and to analyse how the obligations and rights of employers and employees have changed. This paper also examines emerging issues, such as employees’ privacy and it explores the role of the external environment in safety management and leadership. New regulations passed to control spreading at workplaces strengthened the position of employers in surveillance of anti-pandemic measures. Pandemics mainstreamed the role of law as a public health tool. Sharing experiences across sectors of the economy and countries can be helpful to define good practices and their implementation into legislation.
10
Bazileva, Irina I. "Maturity level of internal communication environment management and company’s efficiency." In The Eighth International Practical Conference INNO-WAVE 2019. Russian National Public Library for Science and Technology, 2021. http://dx.doi.org/10.33186/1027-3689-2021-8-24.
Full textAbstract:
The introduced method of evaluation of the corporate internal communication environment is based upon the author’s maturity model. Within the study, the key intangible factors (motivators) were identified as a maturity model component. The survey of top executives in the business services sector was carried out to analyze maturity model influence on business performance. The author argues that empowerment (expansion of employees’ rights and possibilities) influences performance significantly. Practical recommendations are given on how to increase maturity level in managing corporate internal communication environment to achieve better results. Building efficient corporate internal communication environment is the vital task for innovative companies with dominant and increasing intellectual property in value added. The best practices of Russian hi-tech companies demonstrates that implemented business competence model, single communication and learning space and social interaction instruments make the most efficient mechanisms for building internal communication environment to facilitate innovations.
Reports on the topic "Employees rights in the EEC"
1
Lazonick, William, Philip Moss, and Joshua Weitz. The Unmaking of the Black Blue-Collar Middle Class. Institute for New Economic Thinking Working Paper Series, May 2021. http://dx.doi.org/10.36687/inetwp159.
Full textAbstract:
In the decade after the Civil Rights Act of 1964, African Americans made historic gains in accessing employment opportunities in racially integrated workplaces in U.S. business firms and government agencies. In the previous working papers in this series, we have shown that in the 1960s and 1970s, Blacks without college degrees were gaining access to the American middle class by moving into well-paid unionized jobs in capital-intensive mass production industries. At that time, major U.S. companies paid these blue-collar workers middle-class wages, offered stable employment, and provided employees with health and retirement benefits. Of particular importance to Blacks was the opening up to them of unionized semiskilled operative and skilled craft jobs, for which in a number of industries, and particularly those in the automobile and electronic manufacturing sectors, there was strong demand. In addition, by the end of the 1970s, buoyed by affirmative action and the growth of public-service employment, Blacks were experiencing upward mobility through employment in government agencies at local, state, and federal levels as well as in civil-society organizations, largely funded by government, to operate social and community development programs aimed at urban areas where Blacks lived. By the end of the 1970s, there was an emergent blue-collar Black middle class in the United States. Most of these workers had no more than high-school educations but had sufficient earnings and benefits to provide their families with economic security, including realistic expectations that their children would have the opportunity to move up the economic ladder to join the ranks of the college-educated white-collar middle class. That is what had happened for whites in the post-World War II decades, and given the momentum provided by the dominant position of the United States in global manufacturing and the nation’s equal employment opportunity legislation, there was every reason to believe that Blacks would experience intergenerational upward mobility along a similar education-and-employment career path. That did not happen. Overall, the 1980s and 1990s were decades of economic growth in the United States. For the emerging blue-collar Black middle class, however, the experience was of job loss, economic insecurity, and downward mobility. As the twentieth century ended and the twenty-first century began, moreover, it became apparent that this downward spiral was not confined to Blacks. Whites with only high-school educations also saw their blue-collar employment opportunities disappear, accompanied by lower wages, fewer benefits, and less security for those who continued to find employment in these jobs. The distress experienced by white Americans with the decline of the blue-collar middle class follows the downward trajectory that has adversely affected the socioeconomic positions of the much more vulnerable blue-collar Black middle class from the early 1980s. In this paper, we document when, how, and why the unmaking of the blue-collar Black middle class occurred and intergenerational upward mobility of Blacks to the college-educated middle class was stifled. We focus on blue-collar layoffs and manufacturing-plant closings in an important sector for Black employment, the automobile industry from the early 1980s. We then document the adverse impact on Blacks that has occurred in government-sector employment in a financialized economy in which the dominant ideology is that concentration of income among the richest households promotes productive investment, with government spending only impeding that objective. Reduction of taxes primarily on the wealthy and the corporate sector, the ascendancy of political and economic beliefs that celebrate the efficiency and dynamism of “free market” business enterprise, and the denigration of the idea that government can solve social problems all combined to shrink government budgets, diminish regulatory enforcement, and scuttle initiatives that previously provided greater opportunity for African Americans in the government and civil-society sectors.