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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.
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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.
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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.
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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).
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ME Manamela. "The Contest Between Religious Interests and Business Interests ‒ TFD Network Africa (Pty) Ltd v Faris (2019) 40 ILJ 326 (LAC)." Obiter 41, no. 4 (March 24, 2021): 961–73. http://dx.doi.org/10.17159/obiter.v41i4.10498.
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The right to freedom of religion is one of the fundamental human rights. This is evident from several sections of the Constitution of the Republic of South Africa, 1996 (the Constitution), including sections 9, 15 and 31. Section 9(4) prohibits unfair discrimination (whether direct or indirect) against anyone on one or more of the grounds listed in section 9(3), which includes religion. Section 15(1) states that everyone has the right to freedom of conscience, religion, thought, belief and opinion, while section 31(1)(a) provides that persons belonging to a religious community may not be denied the right to practise their religion with other members of the community.In line with the Constitution, labour legislation such as the Labour Relations Act 66 of 1995 (LRA) and the Employment Equity Act 55 of 1998 (EEA) also protects this right. Section 187(1)(f) of the LRA provides that if an employee is discriminated against and is dismissed based on religion, among other grounds, such a dismissal will be deemed to be an automatically unfair dismissal. Section 6(1) of the EEA prohibits unfair discrimination, whether direct or indirect, in any employment policy or practice based on prohibited grounds such as religion. It is evident from all the above provisions that the right to freedom of religion is vital to people’s lives, including employees’ lives.Although an employee has the right to practise religion, he or she also has the common-law duty to render services or to put his or her labour potential at the disposal of the employer as agreed in terms of the contract of employment – except during the employee’s annual leave, sick leave and maternity leave. An employee may therefore be in breach of this duty if he or she refuses to work or deserts his or her employment or absconds from his or her employment or is absent from work without permission. In addition to the above duty, employees have a duty to serve the employer’s interests and to act in good faith.
Often, employees’ right to freedom of religion collides with their duty to render services and to serve the employer’s interests; employees present various reasons related to their religious practices for their failure to render services. As a result, employers are regularly required to be lenient and make efforts to accommodate employees’ religious beliefs in the workplace. At times, this becomes a burden to employers as they have to accommodate employees with diverse individual religious interests, but also ensure that their businesses remain operational. Religion remains one of the most contentious and problematic areas for employees and employers to deal with in the workplace.The discussion that follows evaluates the court’s finding in view of relevant constitutional provisions, labour law legislation and common law. It further considers the position under American law regarding religion and reasonable accommodation in the workplace.
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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.
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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?
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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Wyatt, Derrick. "Enforcing EEC Social Rights in the United Kingdom." Industrial Law Journal 18, no. 4 (1989): 197–216. http://dx.doi.org/10.1093/ilj/18.4.197.
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Delcourt, Cécile, Dwayne D. Gremler, Fabrice De Zanet, and Allard C. R. van Riel. "An analysis of the interaction effect between employee technical and emotional competencies in emotionally charged service encounters." Journal of Service Management 28, no. 1 (March 20, 2017): 85–106. http://dx.doi.org/10.1108/josm-12-2015-0407.
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Purpose Customers often experience negative emotions during service experiences. The ways that employees manage customers’ emotions and impressions about whether the service provider is concerned for them in such emotionally charged service encounters (ECSEs) is crucial, considering the criticality of the encounter. Drawing on cognitive appraisal theory, this study proposes that two key competencies – employee emotional competence (EEC) and employee technical competence (ETC) – affect negative customer emotions and customer satisfaction with employee response in ECSEs. Design/methodology/approach This study relies on a video-based experiment that depicts a customer involved in an ECSE as a service provider delivers bad news to him. The hypothesis tests use a two-way independent analysis of covariance. Findings Both emotional and technical competencies must be displayed to improve the customer experience in an ECSE. When EEC is low, ETC does not decrease negative customer emotions or increase customer satisfaction with employee response. When EEC is high, ETC instead has a significant impact on both customer outcomes. Practical implications Managers must train employees to develop both technical and emotional competencies. Employees who demonstrate only one type cannot temper customers’ emotions or enhance their perceptions of the employees’ response as well as can those strong in both competencies. Originality/value Using a video-based experiment, this study examines the moderating role of EEC in the relationship between ETC and two key aspects of the customers’ experience in an ECSE (negative customer emotions and customer satisfaction with employee responses) following the delivery of bad news.
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Nyombi, Chrispas. "Employees' rights during insolvency." International Journal of Law and Management 55, no. 6 (November 11, 2013): 417–28. http://dx.doi.org/10.1108/ijlma-08-2012-0026.
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Dell'Olio, Fiorella. "The Redefinition of the Concept of Nationality in the UK: Between Historical Responsibility and Normative Challenges." Politics 22, no. 1 (February 2002): 9–16. http://dx.doi.org/10.1111/1467-9256.00153.
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This article analyses the extent to which UK membership in the European Economic Community (EEC) has influenced the redefinition of the concept of nationality in the United Kingdom and the retreat from historical responsibility with respect to citizens of Commonwealth countries. After first describing the rights that have most defined nationality in the United Kingdom prior to its membership to the EEC, it is argued that the EEC has only indirectly influenced the redefinition of UK nationality in three main respects: (a) from the early 1970s, the issue of nationality has been a frequent subject of discussion in parliament; (b) at the same time, there was the need to define nationality for EEC law purposes; and (c) the establishment of European citizenship reinforced nationality not only because nationality represented a means by which to benefit from additional rights, but also because it became a foundation for the construction of subsequent immigration policy. The article suggests that the indirect effect of the EEC on the redefinition of nationality has also provided a legitimate means by which to reconsider the idea of citizenship first in terms of exclusion and inclusion and secondly in terms of detachment from historical responsibility.
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Congar, Richard. "La consolidation de l’Europe bleue : nouveau contexte international et nouveaux enjeux." Études internationales 18, no. 1 (April 12, 2005): 21–69. http://dx.doi.org/10.7202/702126ar.
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Each of the member states of the European Economic Community (EEC) has extended, through a common agreement, its own fishing grounds to 200 miles, thus leading to the creation, since 1977, of the Community waters whose exploitation would be subjected to the common fisheries policy of the EEC. The widespread extension of fishing grounds throughout Europe together with the state of overfishing in the North-East Atlantic have led the EEC to elaborate a policy in order to protect the interests of its member states, to make their fishing vessels competitive, and to ensure the stability of the fishing industry. This paper looks into the implementation of the fisheries policy of the EEC, internally — namely access s rights to Community waters, the coordination of markets and producers, aid to modernize the vessels - as well as regarding foreign countries with whom agreements are sought in order to maintain historic fishing rights - specially in the North Atlantic - or in order to develop new fishing grounds - specially along the West African coast and in the Indian Ocean - a quarter of the EEC catch is made outside Community waters. France is deeply committed to the orientations of the EEC fisheries policy due to the importance of its fleet of trawlers fishing outside French waters and to the potential catch in the exclusive economic zone of its departments and territories overseas. The compromise signed by member states in 1983 is an important step towards the establishment of a true « Europe Fisheries ».
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Artemov, Viktor, and Olga Novokhatskaya. "Everyday activity of rural employees in Siberia." Eastern European Countryside 20, no. 1 (December 1, 2014): 189–210. http://dx.doi.org/10.2478/eec-2014-0009.
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Abstract The article presents the results of the fifth bi-seasonal survey conducted in 2004- 2005 within the framework of the longitudinal study of the time use, everyday activity and living conditions of the rural population. The study is conducted on a sample group of villages representative of the south of Siberia in rather different historical periods. The emphasis is made on changes that have taken place in the rural everyday life and on the use of time during the last two decades; in particular, in the beginning of the new century. It presents the results of the analysis of the time budgets of working women and working men and their answers to questions concerning the facts of reality, their assessments and values. In the early 2000s the working time of men increased, while their time spent on private plot production and housework decreased. Similar situation was observed in the case of women; however, the time spent on household production increased. More pronounced changes were observed among agricultural workers, especially men (increasing working time and decreasing time of housework, sleep and leisure). On the whole, there was a noticeable redistribution of time between work in the house and household production and work in the agricultural enterprise being the source of the material well-being of the rural family. The male-female difference in the total work load and leisure time has decreased.
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Harlan, Lyn. "Employees’ Rights to Personnel Files." Laboratory Medicine 28, no. 8 (August 1, 1997): 498. http://dx.doi.org/10.1093/labmed/28.8.498.
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Giliker, Paula. "The Consumer Rights Act 2015 – a bastion of European consumer rights?" Legal Studies 37, no. 1 (March 2017): 78–102. http://dx.doi.org/10.1111/lest.12139.
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The Consumer Rights Act 2015 seeks to consolidate in one place key consumer rights covering contracts for goods, services and digital content, and the law relating to unfair terms in consumer contracts. These are areas where there has been considerable activity at both a national and an EU level. In particular, the Consumer Sales Directive 99/44/EC, the Unfair Terms in Consumer Contracts Directive 93/13/EEC and the Consumer Rights Directive 2011/83/EU have all made significant changes to Member State law, promoting the idea of the ‘informed consumer’, able to assert his or her rights in entering consumer contracts. This paper will examine the extent to which the Act promotes the objectives of these Directives and the implications of the result of the June 2016 referendum that the UK should leave the EU. Does the Consumer Rights Act 2015 represent a valuable consolidation of EU and UK consumer policy, or are EU rights being absorbed into a distinctive national framework of consumer rights?
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Carlin, Steve. "Extending "Weingarten" Rights to Nonunion Employees." Columbia Law Review 86, no. 3 (April 1986): 618. http://dx.doi.org/10.2307/1122639.
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Hannabuss, Stuart. "Intellectual property rights and university employees." Library Review 50, no. 3 (April 2001): 117–22. http://dx.doi.org/10.1108/00242530110386816.
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Bruun, Niklas. "Employees' Participation Rights and Business Restructuring." European Labour Law Journal 2, no. 1 (March 2011): 27–47. http://dx.doi.org/10.1177/201395251100200103.
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Ndou, Moffat Maitele. "Mental illness, harassment and labour laws: Some thoughts on harassment by employees suffering from mental illness." Obiter 41, no. 3 (January 1, 2021): 538–54. http://dx.doi.org/10.17159/obiter.v41i3.9578.
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Section 23 of the Constitution of the Republic of South Africa, 1996 provides that everyone has the right to fair labour practices. Section 9 of the Constitution prohibits unfair discrimination directly or indirectly against anyone on one or more grounds, including among others disability. In terms of section 6(1) of the Employment Equity Act (EEA), no person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including among others disability or on any other arbitrary ground. Section 6(1) applies to employees, which includes applicants; but it is only limited to conduct occurring within the scope of an “employment policy or practice”. In Marsland v New Way Motor & Diesel Engineering (2009) 30 ILJ 169 (LC), the court concluded that discrimination based on the fact that a person suffers from a mental health problem, has the potential to impair the fundamental dignity of that person as a human being, or to affect them in a comparably serious manner. Consequently, discrimination based on mental illness must be treated as a prohibited ground of discrimination. However, as it was pointed out in Hoffmann v South African Airways 2001 (1) SA 1 (CC), it may in some instances be justified to discriminate on the ground of mental illness, if it is proved that the discrimination is based on an inherent requirement of a job. Section 15 of the EEA requires that, when the employer implements affirmative action measures, he/she must make reasonable accommodation for people from designated groups, in order to ensure that they enjoy equal opportunities and are equitably represented in the workforce of a designated employer. Section 1 defines “reasonable accommodation” as “any modification or adjustment to a job or to the working environment that will enable a person from a designated group to have access to or participate or advance in employment”. Section 6(3) of the EEA provides that harassment is a form of discrimination and is prohibited among others on the ground of disability or any other arbitrary ground. Harassment is also a form of misconduct. The employer is required to take reasonable steps to prevent harassment and failure to do so, the employer is liable for such harassment. Where an employee who has a mental illness, commits an act of harassment against another employee, the employer should take into account its duty to reasonably accommodate the offending employee, the duty to take steps to prevent harassment and the fact that it may be automatically unfair to dismiss an employee for misconduct which was committed because of mental illness.
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Weiss, Alexander. "Fundamental Freedoms Strengthen the Rights of Patients (again)." European Journal of Risk Regulation 3, no. 2 (June 2012): 261–63. http://dx.doi.org/10.1017/s1867299x00002154.
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Case C-255/09 Commission v PortugalThe Portuguese Republic has failed to fulfil its obligations under Article 49 EC (Article 56 TFEU) by making no provision for reimbursement of non-hospital medical care provided in another Member State which does not involve the use of major and costly equipment exhaustively listed in the national legislation, other than in the circumstances specified in Regulation (EEC) No 1408/71 […] or, to the extent that Decree-Law No 177/92 allows reimbursement in respect of such care, by making such reimbursement subject to prior authorization (official headnote).
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Kojanec, Giovanni. "Part III: Prospects for and Barriers to Implementation: Case Studies: The UN Convention and the European Instruments for the Protection of the Migrants." International Migration Review 25, no. 4 (December 1991): 818–30. http://dx.doi.org/10.1177/019791839102500408.
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Two different situations concerning migration are present in Western Europe today: the EEC system and the framework of rules established independently of that system by specific treaties. The EEC regulations are based on the principle of freedom of movement, stay and work for nationals of a member state in the territory of all other member states, equality of treatment with nationals of the host country being strictly applicable. Outside the Community context, a number of multilateral treaties between member states of the Council of Europe, whose rules have been developed mainly on the basis of principles established by ILO Conventions, are in force, all inspired by the following guiding principles: safeguarding the right of each state to decide on the admission of foreign immigrants; affirming the guarantee of equal treatment to immigrants legally admitted and limiting the application of said rules to nationals of the contracting parties. Basic civil and political rights are protected, independently of nationality, with regard to every person within the jurisdiction of states parties to the European Convention on Human Rights. Consequently, the UN Convention is essentially relevant for those migrant workers present in Europe who are nationals of those states not members of the EEC or not parties to those European conventions. Particularly important are the provisions concerning irregular migrations.
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Bozhko, Volodymyr, Inna Kulchii, and Volodymyr Zadorozhnyy. "Comparative legal analysis of the Directive 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union with the current labour law of all its Member States." SHS Web of Conferences 85 (2020): 01005. http://dx.doi.org/10.1051/shsconf/20208501005.
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The article deals with the comparative legal research of the current labour legislation of each of the 28 EU member states with the Directive 2019/1152 of 20 June 2019 on transparent and predictable working conditions in the European Union. The relevance of the research topic is because after the adoption of Council Directive 91/533/EEC in the EU, a number of acts of primary and secondary legislation were adopted that significantly change the content and scope of labour rights of workers. These are, in particular, The Maastricht Treaty, The Treaty of Amsterdam, The Treaty of Nice and the Treaty of Lisbon. Furthermore, on December 7, 2000, the Charter of Fundamental Rights of the European Union was signed, and on December 17, 2017, The European Parliament, the Council and the Commission solemnly proclaimed the European Pillar of Social Rights. As a result, collisions arose between the above Acts and Directive 91/533/EEC, which required the adoption of a new Directive 2019/1152 and a comparative legal analysis of this Directive with the current labour legislation of each of the 28 EU member states.
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Murphy, Ellen K. "Rights of pregnant employees to refuse assignment." AORN Journal 53, no. 4 (April 1991): 1043–46. http://dx.doi.org/10.1016/s0001-2092(07)69572-6.
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Roberts, Robert N., and Marion T. Doss. "The constitutional privacy rights of public employees." International Journal of Public Administration 14, no. 3 (January 1991): 315–56. http://dx.doi.org/10.1080/01900699108524720.
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O'Dair, Richard. "Employees' Rights and the Sale of Businesses." Modern Law Review 50, no. 1 (January 1987): 89–94. http://dx.doi.org/10.1111/j.1468-2230.1987.tb02562.x.
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Patterson, Victoria. "Controlling pay and the rights of employees." Nursing and Residential Care 15, no. 6 (June 2013): 455–56. http://dx.doi.org/10.12968/nrec.2013.15.6.455.
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Ellul, Andrew, and Marco Pagano. "Corporate leverage and employees’ rights in bankruptcy." Journal of Financial Economics 133, no. 3 (September 2019): 685–707. http://dx.doi.org/10.1016/j.jfineco.2019.05.002.
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Mustafa, Lana Louqman. "Customer attitudes and Perceptions of their Rights in Online Transactions- Analysis through Law of Kurdistan Region of Iraq." International Journal of Electrical, Electronics and Computers 4, no. 2 (2019): 27–40. http://dx.doi.org/10.22161/eec.4.2.1.
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Abraham, Steven. "Benefits of providing Weingarten rights for nonunion employees." Strategic HR Review 15, no. 6 (November 14, 2016): 267–70. http://dx.doi.org/10.1108/shr-07-2016-0063.
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Purpose Unionized employees have the legal right to bring a union representative with them into an investigatory interview if they request it (“Weingarten rights”). This study aims to demonstrate that employers should allow nonunion employees the right to have a co-employee accompany them in a similar type of interview, if the employees make that request. Design/methodology/approach Not applicable. Findings There will be two benefits to allowing nonunion employees the right to bring a co-employee into an investigatory interview with them. First, this will be a form of organizational justice, and researchers demonstrated the benefits of employees perceiving that they receive organizational justice. Secondly, this will be a form of union substitution which should reduce employees’ desire for unionization. Originality/value Whereas most employers seek to avoid the application of Weingarten rights in nonunion workplaces, this article argues that organizations should grant employees this right voluntarily.
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Omar, Zoharah, Kit Yeen Chan, and Rusinah Joned. "Knowledge Concerning Employees’ Legal Rights at Work among Banking Employees in Malaysia." Employee Responsibilities and Rights Journal 21, no. 4 (August 29, 2009): 343–62. http://dx.doi.org/10.1007/s10672-009-9123-5.
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Matute, Jorge, Ramon Palau-Saumell, and Giampaolo Viglia. "Beyond chemistry: the role of employee emotional competence in personalized services." Journal of Services Marketing 32, no. 3 (May 14, 2018): 346–59. http://dx.doi.org/10.1108/jsm-05-2017-0161.
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Purpose This paper aims to investigate how employees’ emotional competences affect customers’ responses in the context of emotional-driven and personalized services. Specifically, it proposes a model to analyze the influence of employees’ emotional competence on rapport, trust and loyalty toward the service employee and the company. Design/methodology/approach The empirical context to validate the proposed theory is the fitness realm. The sample comprises 296 clients from fitness personal training services. Data collection was carried out by means of personal surveys in three relevant fitness clubs in the city of Barcelona (Spain). The study uses partial least squares to test and validate the proposed theoretical model. Findings Employee emotional competence (EEC) directly affects personal loyalty, trust toward the service employee and rapport. However, higher levels of emotional skills are not significantly associated with loyalty toward the company. The results also suggest that trust significantly enhances loyalty. Interestingly, high levels of rapport between the service worker and the employee could even damage the level of loyalty toward the company. Originality/value Prior research documents that emotional intelligence enhances diverse positive customer outcomes, especially in emotionally charged interactions. Nonetheless, few studies have focused on analyzing how customers’ perceptions about services employees’ emotional skills are determining their attitudes and behavioral intentions. This study provides evidence on employee’s influences on consumer behaviors and outcomes, with a specific focus on EEC. It also sheds light on the unintuitive impact of customer employee rapport on loyalty toward the company.
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Pohorielova, O. "THE PROTECTION OF OWNERS' CORPORATE RIGHTS AND EMPLOYEES' LABOUR RIGHTS: JUDICIAL PRACTICE ANALYSIS." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 111 (2019): 49–55. http://dx.doi.org/10.17721/1728-2195/2019/4.111-10.
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The article is devoted to the issue on protecting the employees' labour rights in case of an employment dispute, which is considered regarding corporate rights of company owners. The article emphasizes that during work employees are bearing more and more rights and obligations that are realized in different types of relationships. It is also stated that in case of disputes arising from employment relations, courts need to take into ac- count basic factors of labour law. The purpose of this article is to develop proposals for to improving the mechanism of for the protection of emplyees' labour rights. In order to achieve this goal, the author analyses judicial practice regarding the protection of employees' labour rights in disputes related to business entities' functioning, as well as it reveals the contractual nature of labour relations and formulates the proposals on creation of legal conditions for the pro- tection of employees' labour rights. The subject of the study is the judicial protection of company owners' corporate rights and the labour rights of employees. The object of the study is the protective legal relations that arise in the process of resolving labour disputes by the courts of Ukraine. The deductive method used in the work made it possible has allowed the author to substantiate the need for a clear distinction between labour and corporate rightslaw, consider- ing labour disputes and as well as the necessity to take into account the specifics of the method of legal regulation in labour law, in particular the contractual nature of the entrenching of on rights and obligations. The method of induction has revealed the theoretical and practical problems of the distinction between corporate and labour rights. The theo- retical and prognostic method has been used to substantiate the proposals for the improvement of labour legislation to protect the labour rights of employees. Categories and methods of formal logic have been widely used in the work: concepts, definitions, proofs, judgments, analysis, synthe- sis, analogy, comparison, generalizations, etc. The paper focuses on the judicial bodies' powers on the necessity to allocate the specialization of judges for the consideration of labor cases. Based on the case law analysis, the improvement of the national labour legislation on wrongful dismissal is proposed. In fact, every court case in which labour disputes are settled has its own peculiarities and specifics, which in its turn requires the specialization of judges who have to consider labour disputes. It is the specialization of judges in Ukraine that will provide an opportunity not only to guarantee the emploees' labour rights, but to practically improve the mechanism for the protection of employees' labour rights enshrined in collective and employmentagreements.
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Shachor-Landau, Chava. "The International Legal Personality of the EEC and its Treaty-Making Power." Israel Law Review 20, no. 2-3 (1985): 341–61. http://dx.doi.org/10.1017/s0021223700017672.
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The second half of the twentieth century is witnessing a tremendous development of the concept of international organizations as “subjects” of international law. These “subjects” are endowed with international legal personality and with powers—express or implied—to achieve their declared objectives.The corner-stone to this new edifice was erected as long ago as 1949 by the International Court of Justice in its Advisory Opinion on Reparation for Injuries Suffered in the Service of the United Nations. The Court examined the purposes and principles set out in the Charter of the U.N. and concluded that the Organization is an international person.… [I]t is a subject of international law and capable of possessing international rights and duties, and… it has capacity to maintain its rights by bringing international claims.… . Under international law, the Organization must be deemed to have those powers which, though not expressly provided in the Charter, are conferred upon it by necessary implication as being essential to the performance of its duties.
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Marshall, Anna-Maria. "Idle Rights: Employees' Rights Consciousness and the Construction of Sexual Harassment Policies." Law Society Review 39, no. 1 (March 2005): 83–124. http://dx.doi.org/10.1111/j.0023-9216.2005.00078.x.
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GOETHALS, Samentha. "Exploring Migrant Employees’ ‘Rights-Talk’ in the British Hospitality Sector." Business and Human Rights Journal 4, no. 02 (June 24, 2019): 287–315. http://dx.doi.org/10.1017/bhj.2019.4.
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AbstractHow do migrant employees understand and articulate human rights in the British hospitality sector? This article contributes to the discussion on the translation of human rights responsibility in business by introducing ‘rights-talk’ as an analytical lens to explore and theorize about employees’ situated understanding and uses of human rights as a language and a moral evaluative frame. The analysis highlights the importance of (in)equality in employees’ everyday experience of rights, and points to several disincentives for them to engage with and in rights-talk including social and organizational disrespect, managerial disregard for employees’ claims, and their largely connotative use of human rights language. These insights advance theorizing and open research avenues on the significance of human rights in organizations from a bottom-up perspective, while the inquiry’s micro-level focus enriches business and human rights’ methodological toolbox. The findings are also significant for business human rights responsibility in contexts of heightened anti-immigration discourse and policies.
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Aktamovich, Raximov Miryoqub. "Overview Of Legislation Of Uzbekistan On The Protection Of Employees’ Rights." American Journal of Political Science Law and Criminology 02, no. 11 (November 28, 2020): 65–71. http://dx.doi.org/10.37547/tajpslc/volume02issue11-12.
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This article is devoted to the analysis of ways to protect the labor rights and interests of employees by the legislation of the Republic of Uzbekistan. The author identifies issues that arise when employees implement state guarantees of labor rights and freedoms. Measures aimed at the most effective protection of the rights and interests of employees are proposed.
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STRICKLER, JR., CHARLES S. "DEVELOPMENTS IN THE WEINGARTEN RIGHTS OF NONUNION EMPLOYEES." Journal of Individual Employment Rights 11, no. 2 (April 1, 2004): 175–80. http://dx.doi.org/10.2190/njfp-bctj-ek85-7gh3.
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Dimond, Bridgit. "Employment rights for pregnant women and NHS employees." British Journal of Midwifery 13, no. 9 (September 2005): 560. http://dx.doi.org/10.12968/bjom.2005.13.9.19624.
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Ahl, Björn, Pilar-Paz Czoske, and Cui Xu. "Labour rights protection of foreign employees in China." Asia Pacific Law Review 28, no. 1 (January 2, 2020): 122–37. http://dx.doi.org/10.1080/10192557.2020.1786264.
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Reljanovic, Mario. "Rights of employees on cruisers: Normatives and experiences." Pravni zapisi, no. 1 (2017): 95–113. http://dx.doi.org/10.5937/pravzap0-14692.
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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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van der Mei, A. P. "The Bozkurt-Interpretation Rule and the Legal Status of Family Members of Turkish Workers under Decision 1/80 of the EEC-Turkey Association Council." European Journal of Migration and Law 11, no. 4 (2009): 367–82. http://dx.doi.org/10.1163/157181609789804268.
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AbstractSince the 1995 ruling in Bozkurt, as far possible, the Court of Justice has applied the leading principles governing free movement of workers in its case law on the legal status of Turkish nationals under Decision 1/80 of the EEC-Turkey Association Council. This article considers the implications of the Bozkurt-interpretation rule for the rights of family members of Turkish workers. Judgments such as Ayaz, Derin and Gürol reveal a gradual strengthening of the rights of Turkish family members, which enable them, like family members of Community workers, to integrate into the host State’s society.
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Gevers, J. K. M. "Worker Control over Occupational Health Services: The Development of Legal Rights in the EEC." International Journal of Health Services 15, no. 2 (April 1985): 217–29. http://dx.doi.org/10.2190/b5jk-7fcj-mdnu-hdcx.
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Ebrahim, Shamier. "Equal Pay in Terms of the Employment Equity Act: The Role of Seniority, Collective Agreements and Good Industrial Relations: Pioneer Foods (Pty) Ltd v Workers against Regression 2016 ZALCCT 14." Potchefstroom Electronic Law Journal 20 (December 5, 2017): 1–19. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1524.
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Equal pay for equal work and work of equal value is recognised as a human right in international law. South Africa has introduced a specific provision in the EEA in the form of section 6(4) which sets out the causes of action in respect of equal pay claims. The causes of action are: (a) equal pay for the same work; (b) equal pay for substantially the same work; and (c) equal pay for work of equal value. In addition to the introduction of section 6(4) to the EEA, the Minister of Labour has published the Employment Equity Regulations of 2014 and a Code of Good Practice on Equal Pay for work of Equal Value. This constitutes the equal pay legal framework in terms of the EEA.
The Regulations sets out the factors which should be used to evaluate whether two different jobs are of equal value. It further provides for the methodology which must be used to determine an equal pay dispute and it sets out factors which would justify a differentiation in pay. The Code provides practical guidance to both employers and employees regarding the application of the principle of equal pay for work of equal value in the workplace, inter alia.
Regulation 7 sets out factors which would justify pay differentiation. These factors are: (a) seniority (length of service); (b) qualifications, ability and competence; (c) performance (quality of work); (d) where an employee is demoted as a result of organisational restructuring (or any other legitimate reason) without a reduction in pay and his salary remains the same until the remuneration of his co-employees in the same job category reaches his level (red-circling); (e) where a person is employed temporarily for the purpose of gaining experience (training) and as a result thereof receives different remuneration; (f) skills scarcity; and (g) any other relevant factor. If a difference in pay is based on any one or more of the above factors then it is not unfair discrimination if it is fair and rational. This is spelt out in regulation 7(1).
In Pioneer Foods (Pty) Ltd v Workers Against Regression 2016 ZALCCT 14 the seniority (length of service) factor was at the fore in the Labour Court. The Labour Court, on appeal, reversed an arbitration award in which the Commissioner found that paying newly appointed drivers at an 80% rate for the first two years of employment as opposed to the 100% rate paid to drivers working longer than two years in terms of a collective agreement amounted to unfair discrimination in pay. The CCMA, in essence, regarded the factor of seniority as a ground of discrimination as opposed to a ground justifying pay differentiation.
Pioneer Foods is noteworthy as it is one of the first reported cases from the Labour Court dealing with the relatively new equal pay legal framework. It raises the following important equal pay issues: (a) is seniority a ground of discrimination or a ground justifying pay differentiation? And (b) what is the role of a collective agreement and good industrial relations when determining an equal pay claim? The purpose of this note is to critically analyse these issues and guidance will be sought from South African Law, Foreign law and relevant ILO materials in this regard.
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Hames, David S. "Resolving the conflict between clients’ privacy rights and employees’ equal employment opportunity rights." Employee Responsibilities and Rights Journal 7, no. 2 (June 1994): 161–68. http://dx.doi.org/10.1007/bf02621210.
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Taras, Daphne G. "The Duty to Accommodate Disabled Employees." Articles 47, no. 4 (April 12, 2005): 709–28. http://dx.doi.org/10.7202/050812ar.
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Drawing on recent legal decisions involving disabled workers, this paper assesses the trends and implications regarding duty to accommodate. In the first section, four specific issues are developed to illustrate the evolution of human rights principles as they are interpreted through tribunals and arbitrations. The second section applies the issues to a specific group of people, diabetic shiftworkers. The focus on diabetic shiftworkers offers a vivid example of adverse effect discrimination, and demonstrates the impact of human rights decisions.
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Roest, Joti. "Corporate Mobility – The Involvement of Employees." European Company and Financial Law Review 16, no. 1-2 (May 8, 2019): 74–105. http://dx.doi.org/10.1515/ecfr-2019-0004.
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In April 2018, the European Commission presented a proposal for a Directive amending Directive 2017/1132 as regards cross-border conversions, mergers and divisions. This article discusses the proposed provisions to protect the interests of employees in a cross-border operation. Their position would be strengthened since employee representatives are granted information and consultation rights. As to the protection of existing board level employee representation rights, the Proposal follows the EU legal framework on the involvement of employees, consisting of a negotiation process between representatives of the employees and the management. As Standard Rules apply if no agreement can be reached, negotiations take place with the law as a sentinel. Practice has shown that this complicated legal framework is effective in protecting existing employee participation rights. The Proposal shows that in 2019, this carefully vetted political compromise leaves EU legislators little room to manoeuvre by simplifying the framework or strengthening the position of employees.