Journal articles on the topic 'Employment status of a judge'
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Sandberg, Russell. "The Employment Status of Ministers: A Judicial Retcon?" Religion & Human Rights 13, no. 1 (March 27, 2018): 27–48. http://dx.doi.org/10.1163/18710328-13011152.
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Abstract “Retroactive continuity”, often abbreviated as “retcon”, is a term often used in literary criticism and particularly in relation to science fiction to describe the altering of a previously established historical continuity within a fictional work. To date, however, the concept has not been used in relation to law. Legal judgments often refer to history and include historical accounts of how the law has developed. Such judgments invariably include judicial interpretations of history. On occasions, they may even include a “retconned” interpretation of legal history – a “judicial retcon” – that misrepresents the past and rewrites history to fit the “story” of the law that the judge wants to give. This article explores the usefulness of a concept of a “judicial retcon” by means of a detailed case study concerning whether ministers of religion are employees.
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Deakin, Simon. "Interpreting Employment Contracts: Judges, Employers, Workers." International Journal of Comparative Labour Law and Industrial Relations 20, Issue 2 (June 1, 2004): 201–26. http://dx.doi.org/10.54648/ijcl2004012.
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Abstract: This paper reports findings from a survey designed to estimate the numbers excluded from employment protection in the UK by the ‘employee’ test and to examine, through qualitative research, perceptions of the process of employment contracting. The survey evidence shows that approaching one third of the labour force does not fit neatly into the categories of ‘employee’ and ‘self-employed’. The case studies suggest that there is a considerable disjunction between the assumptions of choice, control and risk which underlie the legal tests, and the perception of these issues by workers whose employment status is most in doubt.
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Morin, Me Fernand. "Fragilité des limites conventionnelles à l’arbitrage de grief : l’arrêt Parry Sound." Commentaire 58, no. 4 (March 23, 2004): 690–705. http://dx.doi.org/10.7202/007822ar.
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Abstract In a recent ruling (Parry Sound (District) Social Services Administration Board v. O.P.S.E.U., Local 324, 2003 SCC 42), the Supreme Court of Canada states that an arbitrator has jurisdiction to hear a dispute that involves rights guaranteed by codes, charters and employment legislation even if the arbitrator has been barred from such recourse under a collective agreement. In the case at issue, an employee with probationary status benefited from maternity leave and was discharged upon her return. Despite the clarity of the wording under the collective agreement stating that a probationary employee may not resort to arbitration, a grievance was filed and was worded as follows: [Translation] “. . . was discharged without reason and this decision is arbitrary, discriminatory, unjust and vitiated by bad faith.” Owing to the rights vesting in the employee under the Employment Standards Act (Ontario), the Board of Arbitration ruled on its own jurisdiction to hear such a grievance. This decision was quashed in judicial review (Superior Court) and but was then upheld in Court of Appeal and once again by the Supreme Court of Canada (majority 7/9). The Supreme Court of Canada began by making several observations concerning the criteria of judgment applicable to judicial review, namely that which is considered patently unreasonable. An attempt was made to distinguish between an unreasonable decision and one that would be patently unreasonable. It seems to us that such a distinction remains ambiguous and further confuses the exercising of a fair judicial review; unreasonableness should not be graded by degrees. In a second approach, the ruling establishes the relationship between State standards (Codes, Charters and employment legislation) and contractual standards. Working from the basis that State standards would be incorporated into the collective agreement, the Court establishes that the limit imposed upon the collective agreement regarding access to arbitration had the practical effect of denying the right to maternity leave, elsewhere guaranteed by law. For this reason, the arbitrator had to intervene and exercise control in order to ensure respect for established standards of public order. To achieve these ends, the Supreme Court of Canada seemed to experience considerable difficulty in qualifying the collective agreement and classified it in the category of private contracts. Such a categorization, confined to the traditional “public/private” dichotomy, dismisses the true legal and desired effect seeking to make the collective agreement a regulatory labour provision complementary to statutes governing public order and intimately related to the latter. In support of his line of reasoning, Judge Iacobucci, on behalf of the majority (7/9), repeatedly referred to the ruling: McLeod v. Egan, [1975] 1 S.C.R. 517. The referrals denied under this ruling are hardly convincing and uselessly weigh down the reasoning. Moreover, Judge Major (dissenting) also referred to it and considered that Judge Iacobucci was reading into the McLeod v. Egan ruling a purport that it just does not have. In all, we believe that the codes, charters and employment legislation serve as the basis upon which the collective agreement is built and, consequently, the parties’ contractual freedom both derives from this basis and is limited thereto. This interrelation would be analogous to that of the Constitution and employment statutes, without it being possible to affirm that the Constitution would be found to be a part of each of these statutes. This ruling is especially interesting because it recognizes the employee’s right to resort to arbitration in order to ensure respect for guarantees stipulated in employment legislation, despite wording to the contrary in the collective agreement. Parties to collective agreements and arbitrators must therefore respectively correct their approach and grant access to arbitration for all employees from the very moment that their fundamental rights are jeopardized in any way.
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Gühne, Uta, Alexander Pabst, Margrit Löbner, Johanna Breilmann, Alkomiet Hasan, Peter Falkai, Reinhold Kilian, et al. "Employment status and desire for work in severe mental illness: results from an observational, cross-sectional study." Social Psychiatry and Psychiatric Epidemiology 56, no. 9 (April 16, 2021): 1657–67. http://dx.doi.org/10.1007/s00127-021-02088-8.
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Abstract Purpose People with a severe mental illness (SMI) are at particular risk of occupational exclusion. Among the approaches to occupational rehabilitation, supported employment (SE) has been proven to be the most effective. A requirement to enter SE-programs is that individuals must want to seek competitive employment. The aim of this work is to investigate the relationship between serious mental illness and the desire to work including potential predictors. Methods This is a cross-sectional observational study of patients with SMI aged 18–65 years (n = 397). Patients were interviewed by trained staff using standardised instruments. The relationship between potential predictors and a strong preference for employment were analysed using a hierarchic binary logistic regression model. Results Only about one-quarter (27.9%) of SMI patients is in competitive employment. Another quarter is unemployed (25.9%). Results show that the desire for competitive employment is strong among more than half of the SMI patients. Among the unemployed, two-thirds express a strong desire for work. These individuals are an ideal target group for SE interventions. Comorbid chronic physical illness, diagnosis, and the subjectively judged ability to work are associated with the desire for work. Conclusion Our data confirm a substantial exclusion of individuals with SMI from the workforce. In general, care needs for workplace interventions are not being met and leave much room for improvement. In addition to employment status, the desire for work should be routinely assessed. Study registration The study was registered in the German Clinical Trials Register (DRKS) (https://www.drks.de/drks_web/navigate.do?navigationId=trial.HTML&TRIAL_ID=DRKS00015801) and under the WHO-Platform “International Clinical Trials Registry Platform” (ICTRP) (https://apps.who.int/trialsearch/Trial2.aspx?TrialID=DRKS00015801) under the registration number DRKS00015801 before the start of recruitment (Registration date: 21.02.2019).
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Shumylo, Mykhailo. "Judicial assistant: current state of legal regulation and review of court practice." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 323–30. http://dx.doi.org/10.33663/0869-2491-2021-32-323-330.
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Patronage service(executive support service)is a type of service and employment relations that arise, change and terminate to ensure effective, proper and quality performance of their duties by officials who are legally entitled to have a patronage servant. The term “patronage” comes from “patronatus” in Latin- the state or rights of the patron. In the national legislation, the patronage service is a quite new category and was first introduced in 1993 with the adoption of the Law on Civil Service, and therefore has no old traditions. The change in the status of the patronage service in Ukraine indirectly indicates its formation. There is no single approach to the principles of patronage service in foreign countries, for example, in Italy and Germany patronage service does not stand out as a separate concept, but such kind relationships are included in the public service, while in Australia, Britain, Georgia, Canada, Lithuania and Poland patronage service conceptually stands out as a category of public service with a number of special rules. The establishment of a patronage service in Ukraine was an objective necessity and today it operates in the system of legislative, executive and judicial branches. The labor functions of patronage service employees are directly correlated with the labor functions of public law official to whom they are assigned (subordinated). The patronage service includes advisers, assistants, commissioners, press-secretaries of the President of Ukraine, employees of the secretariats of the Chairman, First Deputy Chairman and Deputy Chairman of the Verkhovna Rada of Ukraine, employees of patronage services of the Prime Minister of Ukraine and other members of the Cabinet of Ministers of Ukraine, advising assistants of People's Deputies of Ukraine, judicial assistants and scientific advisers to judges of the Constitutional Court of Ukraine, judicial assistants, advisers to the Chairman of the Supreme Court and chairmen of cassation courts, as well as positions of patronage servants in other state bodies. At the same time as for judiciary, part 4 of Article 92 of the Civil Service Law (2015) states that the specifics of patronage service in courts, bodies and institutions of the judicial system are determined by the legislation on the judiciary and the status of judges. Judicial assistants are an integral part of the judiciary. Despite their legal status, whether civil or patronage servants, the lion's share of work is performed by judicial assistants. It can be concluded, directly or indirectly, that effective work of a court or a judge is not possible without the effective work of judicial assistants (judges' offices) and this interdependency is obvious. It should also be noted that a significant number of assistants later become judges, or if we take a look at the biographies of judges of all levels we can find out that many of them took their first steps in the legal profession as judicial assistants. This might lead to the conclusion that “judicial assistants environment” is a kind of a personnel reserve of the judiciary.
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Wahyudi, Muhamad Isna. "Judges’ Legal Reasoning on Child Protection: Analysis of Religious Courts’ Decisions on the Case of Child Parentage." Al-Jami'ah: Journal of Islamic Studies 55, no. 1 (June 26, 2017): 127–54. http://dx.doi.org/10.14421/ajis.2017.551.127-154.
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This paper examines four religious courts’ decisions on child legal status, especially child parentage, after Constitutional Court’s decision on the legal status of child born out of wedlock. The Constitutional Court’s decision has triggered controversy on the rights of child born out of wedlock due to lack of explanation concerning term ‘civil legal relationship with the biological father’. To study the decisions, the author uses legal philosophy approach, both in legal science and Islamic law, focused on legal reasoning used by judges in decisions on child parentage. As the result, the author finds two types of legal reasoning employed by judges of religious courts in dealing with cases of child parentage, doctrinal-deductive legal reasoning and maṣlaḥa based legal reasoning. It argues that the employment of doctrinal-deductive legal reasoning by the judges has not benefitted children and therefore the protection of child’s rights has not been optimally made nd that the employment of maṣlaḥa based legal reasoning by the judges has led to the better protection of child’s rights.[Tulisan ini membahas empat putusan pengadilan agama terkait status hukum anak, khususnya waris anak, setelah dikeluarkannya putusan Mahkamah Konstitusi (MK) tentang status hukum anak di luar nikah. Putusan MK telah memicu kontroversi karena kesenjangan penjelasan tentang adanya hak perdata seorang anak yang lahir di luar nikah dengan ayah biologisnya. Dalam mengkaji persoalan ini, penulis menggunakan pendekatan filsafat hukum, baik secara ilmiah atau hukum Islam, yang fokus pada argumentasi hukum para hakim dalam kasus hak waris anak. Penulis setidaknya menemukan dua tipe argumentasi yang digunakan para hakim dalam kasus tersebut, yaitu: alasan hukum legal deduktif-doktrinal dan alasan hukum berbasis maṣlaḥah. Tipe yang pertama cenderung melemahkan perlindungan hak anak, sedangkan tipe kedua justru akan menguatkan hak anak.]
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Gallozzi, Marialuisa S. "Boureslan v. Aramco." American Journal of International Law 83, no. 2 (April 1989): 375–80. http://dx.doi.org/10.2307/2202754.
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Plaintiff, a United States citizen employed in Saudi Arabia, brought an employment discrimination suit against defendant, a U.S. corporation, alleging violations of title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e (1982)). The U.S. Court of Appeals for the Fifth Circuit affirmed (per Davis, J.) the district court’s dismissal of the suit for lack of subject matter jurisdiction and held (two to one): (1) that neither the language nor the legislative history of title VII evinces a clearly expressed congressional intent to apply title VII outside U.S. borders; (2) that in the absence of clearly expressed congressional intent to the contrary, the presumption against extraterritoriality controls; and (3) that no “negative inference” extending the reach of title VII should be drawn from its “alien exemption” provision. Judge King’s dissent discussed international law principles not addressed by the majority. The Fifth Circuit subsequently granted on December 23, 1988, the petition for rehearing en banc submitted by plaintiff and various amici, including the Equal Employment Opportunity Commission (EEOC).
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Nyombi, Chrispas. "A response to the challenges posed by the binary divide between employee and self-employed." International Journal of Law and Management 57, no. 1 (February 9, 2015): 3–16. http://dx.doi.org/10.1108/ijlma-03-2013-0012.
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Purpose – The purpose of this paper is to examine the nature of the legal relationship tying workers to employers. It explores how the individual who is categorised as an employee is distinguished from a self-employed or independent contractor or a worker. The common law tests for classifying employment status are analysed against a backdrop of emerging research literature. Recommendations for reform are provided, drawing from the work of prominent scholars such as Mark Freedland and Simon Deakin. Design/methodology/approach – The paper reviews court decisions and examines arguments raised in relation to the binary divide between employed and self-employed. The paper is largely conceptual. Findings – This paper has shown that divergence between law and realities of employment still puzzle modern law reformers and judges alike. The common law test have proved to be inadequate and new solutions have been recommended. One of the suggest solutions is to import the doctrine of good faith into the tests. Originality/value – The paper makes recommendations that will further refine and clarify the employment relationship in a bid to create a more inclusive “labour law” capable of protecting a wider range of atypical and vulnerable work relations. This paper will inform managers on the challenges in relation to classification of employment status brought about by the growth in atypical work.
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Zhou, Yuanxiang, and Weichuan Yin. "New Improvement of Labor Accounting in the Sharing Economy." Advances in Mathematical Physics 2020 (January 13, 2020): 1–8. http://dx.doi.org/10.1155/2020/7958951.
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The investigation of labor is a key aspect of population research, and labor accounting, as its foundation, is an important means to judge the degree of economic development and monitor the changes of the labor market, having always been a focus of scholarly research. At present, the sharing economy is on the rise worldwide and influences labor accounting. In this paper, starting from the context of the sharing economy and the current situation of labor accounting, several important aspects of labor accounting will be discussed. In the context of the sharing economy, household subsistence service production is to be included in the production accounting boundary, which is the root of the changes in labor accounting. On this basis, the following findings are drawn. (1) The scope of accounting for employment should be expanded, which puts higher demands on the labor accounting method. (2) Working time should be remeasured, especially indicators based on pay time. (3) Finally, the design of indicators in labor underutilization also requires the formation of new ideas, especially unemployment should be redefined. Finally, in view of the current status of labor accounting in China, policy suggestions for future improvement under the sharing economy are put forward.
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Wood, Michael, and Peter Tuckel. "Respondent Co-Operation in Focus Groups: A Field Study using Moderator Ratings." International Journal of Market Research 43, no. 4 (July 2001): 1–17. http://dx.doi.org/10.1177/147078530104300406.
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This research links the quality of respondents’ participation in focus groups as judged by moderators with an array of respondents’ background characteristics. This array includes: previous experience with focus groups; attitudes towards and motivation for attendance; age, sex, employment status, level of education; and different measures of civic involvement. The findings show that respondents who place less emphasis on the monetary incentive as a reason for attendance, who are better educated and who have a stronger civic orientation are judged by moderators to be more invested in the research process.
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Yu, Xueqing, Jianghua Chen, Zhaohui Ni, Nan Chen, Menghua Chen, Jie Dong, Limeng Chen, et al. "Number of Daily Peritoneal Dialysis Exchanges and Mortality Risk in a Chinese Population." Peritoneal Dialysis International: Journal of the International Society for Peritoneal Dialysis 38, no. 2_suppl (December 2018): 53–63. http://dx.doi.org/10.3747/pdi.2017.00283.
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Background We report outcomes on ≥ 4 compared with < 4 exchanges/day in a Chinese cohort on continuous ambulatory peritoneal dialysis (CAPD). Methods Data were sourced from the Baxter (China) Investment Co. Ltd Patient Support Program database, comprising an inception cohort commencing CAPD between 1 January 2005 and 13 August 2015. We used cause-specific Cox proportional hazards and Fine-Gray competing risks (kidney transplantation, change to hemodialysis) models to estimate mortality risk on ≥ 4 compared with < 4 exchanges/day. We matched or adjusted for age, gender, employment, insurance, primary renal disease, size of CAPD program, year of dialysis inception, and treatment center. Results We modeled 100,022 subjects from 1,177 centers over 239,876 patient-years. Of these subjects, 43,185 received < 4 exchanges/day and 56,837 ≥ 4 exchanges/day. The proportion of patients on < 4 exchanges/day varied widely between centers. Those on < 4 exchanges/day were significantly older, more often female, of unknown employment, and from rural China. In the various models, ≥ 4 exchanges/day was associated with a significantly lower risk of death by 30% – 35% compared with < 4 exchanges/day. This beneficial effect was greatest in younger and rural patients. Conclusions In this Chinese CAPD cohort, ≥ 4 exchanges/day was associated with significantly lower mortality risk than < 4 exchanges/day. Analyses are limited by residual confounding from unavailability of important prognostic covariates (e.g., comorbidity, socioeconomic factors) and data on residual renal function, peritoneal clearance, and transport status with which to judge the clinical appropriateness of CAPD prescription. Nonetheless, our study indicates this area as a high priority for further detailed study.
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Charness, Gary, and David I. Levine. "When are Layoffs Acceptable? Evidence from a Quasi-Experiment." ILR Review 53, no. 3 (April 2000): 381–400. http://dx.doi.org/10.1177/001979390005300302.
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If, as has been widely suggested, internal labor markets are declining and a new employment contract with reduced employer-employee commitment is emerging, the criteria by which employees judge layoffs as fair or unfair may be changing. This paper presents findings relevant to that question, based on quasi-experimental surveys in Canada and the United States. Respondents rated layoffs stemming from reduced product demand as more fair than those resulting from employee suggestions. Behind this judgment, apparently, was the normative premise that companies should not punish employees for their efforts; rent-sharing norms appear to have played little or no role, as respondents deemed new technology an acceptable reason for layoffs. Consistent with theories of distributive and procedural equity, layoffs were perceived as more fair if the CEO voluntarily “shared the pain.” Respondents in Silicon Valley were not more accepting of layoffs than were those in Canada, on average.
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Suhariyanto, Budi. "REKONSTRUKSI PENGEMBANGAN KARIER JABATAN FUNGSIONAL PANITERA PENGGANTI PERADILAN DI INDONESIA / The Carier Development Reconstruction Of Registrar Functional Position In Indonesian Judiciary." Jurnal Hukum dan Peradilan 5, no. 3 (November 29, 2016): 391. http://dx.doi.org/10.25216/jhp.5.3.2016.391-406.
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Pada umumnya jabatan fungsional dikelola dan dibina secara terpadu dalam satu sistem kepegawaian secara nasional oleh satu instansi pembina fungsionalnya. Tidak demikian dengan jabatan fungsional panitera pengganti yang pengelolaan dan pembinaan kepegawaiannya berbeda sesuai lembaga peradilannya masing-masing yaitu Mahkamah Agung, Mahkamah Konstitusi, dan badan peradilan di bawah Mahkamah Agung. Perbedaan kedudukan dan syarat jabatan fungsional dari ketiga lembaga peradilan ini menjadi salah satu kendala tidak memungkinkannya sistem pembinaan panitera pengganti disatukan. Misalnya sebagian (Mahkamah Konstitusi dan badan peradilan di bawah Mahkamah Agung) mensyaratkan PNS tetapi selainnya (Mahkamah Agung) adalah seorang hakim. Persoalan kurang linier dan singkronnya sistem kepegawaian dan pembinaannya menyebabkan “kurang jelas” dan proporsionalnya jabatan fungsional panitera pengganti. Pengembangan karier ke samping melalui penerapan angka kredit sebagai konsekuensi jabatan fungsional keahlian perlu dirumuskan sehingga kedudukan dan pola kariernya tidak semata mengarah vertikal ke arah struktural Panitera Muda dan Panitera saja. Rekonstruksi jabatan fungsional keahlian panitera pengganti perlu juga dilakukan dengan cara menerapkan syarat dan sistem pembinaan yang sama secara nasional sehingga semakin baik performance dan meningkat profesionalisme pejabatnya. The functional position generally managed and fostered in a nationally integrated one employment system by the fostering institution of the functional position. Unfortunately, the differentiate management and employment building occurs in the functional position of registrar, along with its judicial institution namely Supreme Court, Constitutional Court and judiciary body below Supreme Court. The different status and functional position requirement from those three judicial institutions become one of the obstacles the registrar fostering system cannot be united. For example, Constitutional Court and judiciary body under Supreme Court require civil servant as a registrar meanwhile Supreme Court Registrar is a judge. The issue of less linear and synchronization employment system led to disproportional of the fostering of registrar functional position. The career development horizontally through the application of credit points is indeed needed to construct as an expertise functional position consequences. Hence the position and carrier pattern does not only lead vertically to chief and deputy chief of registrar. The reconstruction of the expertise functional position of registrar should also apply the same requirement and fostering system nationally, this will lead performance and professionalism upgrading.
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Manik, Rahmat GM. "Pemutusan Hubungan Kerja Atas Kesalahan Berat setelah Pasal 158 Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan Dicabut Oleh Putusan Mahkamah Konstitusi Nomor 012/PUU-I/2003." Melayunesia Law 1, no. 1 (December 1, 2017): 65. http://dx.doi.org/10.30652/mnl.v1i1.4505.
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Abstract Article 158 Paragraph (1) of the Employment Act has been repealed by the Constitutional Court in Decision N0.012/PUU-I/2003. Then legal vacuum concerning Termination of Employment for major offenses. Government issued Circular Letter No.SE-13/MEN/SJ-HK/I/2005, which states the Firm Termination due to severe error, can be done after decision of the criminal judge finalized. This type of research is normative. Data were analyzed qualitatively, concluding with the deductive method of thinking. Results First, the concept of Termination On serious mistakes After Section 158 of the Employment Act is repealed by the Constitutional Court Termination Of workers who make mistakes should heavy Decision Criminal Justice Stay. While the workers who perform heavy Mistake that are not criminal acts lack a legal basis. Second, the concept of Termination On serious mistakes After Section 158 of the Employment Act repealed by the Constitutional Court illustrate the lack of protection for workers who perform heavy errors beyond the provisions of Criminal.Abstrak Pasal 158 Ayat (1) UU Ketenagakerjaan telah dicabut oleh MK melalui putusan No.012/PUU-I/2003. Dengan demikian terjadi kekosongan hukum mengenai PHK karena kesalahan berat. Pemerintah menerbitkan SE No.SE-13/MEN/SJ-HK/I/2005, yang menyatakan Pengusaha yang melakukan PHK karena kesalahan berat, dapat dilakukan setelah ada putusan hakim pidana berkekuatan tetap. Jenis penelitian adalah normatif. menganalisis hukum yang tertulis. Data dianalisi secara kualitatif, penarikan kesimpulan dengan metode berfikir deduktif. Hasil Pertama, Konsep PHK Atas Kesalahan Berat Setelah Pasal 158 UU Ketenagakerjaan dicabut oleh MK yaitu PHK Terhadap pekerja yang melakukan kesalahan berat harus ada Putusan Hakim Pidana Tetap. Sementara terhadap pekerja yang melakukan kesalahan berat yang bukan tindak pidana tetapi diatur sebagai kesalahan berat belum memiliki dasar hukum. Kedua, Konsep PHK Atas Kesalahan Berat Setelah Pasal 158 UU Ketenagakerjaan dicabut Oleh MK menggambarkan tidak adanya perlindungan terhadap pekerja yang melakukan kesalahan berat diluar ketentuan Pidana.
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Giani, Aurelia, and Andari Yurikosari. "ANALISIS TERHADAP JANGKA WAKTU PERJANJIAN KERJA WAKTU TERTENTU MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI KASUS: PUTUSAN PENGADILAN PENYELESAIAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI JAKARTA PUSAT NOMOR 133 /Pdt.Sus-PHI.G/2016/ PN.JKT.PST)." Jurnal Hukum Adigama 1, no. 1 (July 23, 2018): 962. http://dx.doi.org/10.24912/adigama.v1i1.2182.
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109 people have worked at PT. Cantik Aura. they have worked for 3 (three) to 24 (twenty four) years. but their employment status is still a fix term of labor contract. whereas according to Law Number 13 of 2003 on Manpower it for the sake of law turned into a working agreement uncertain time. This 109 people filed a lawsuit but the court's decision rejected all claims of these 109 plaintiffs. on the basis of judges' consideration of the types and properties of the work of the plaintiffs is temporary. whereas their working period has passed based on Law Number 13 of 2003 on Manpower. Based on the type and nature of employment for a specified period of employment arranged by Law Number 13 Year 2003 on Manpower, the work done by the workers is not included in Article 59 Paragraph (1) that is, once completed or temporary work, which is expected to be completed within a period of not more than 3 (three) years, seasonal work or work relating to new products, new activities or additional products that are still under trial or exploration. In its legal considerations, the Supreme Court of Justice in the case only considers that the type of work of the workers is temporary and does not take into consideration that the type of work that is said while it is being perpetrated continuously, does not stop and the passage of the term of the particular employment agreement. The law itself imposes restrictions on the term of a specific employment agreement to protect workers from corporate deviations.
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McClure, Ben, and Keith Reid. "PERCEIVE – Patterning Employment, Race, and Clinical Experience In Violence against Employees." BJPsych Open 7, S1 (June 2021): S332—S333. http://dx.doi.org/10.1192/bjo.2021.873.
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AimsPERCEIVE is a service evaluation counting whether nurse demographics correlate with reported subjection to violence and verbal aggression. The setting was a large mental health, learning disability and neuropsychiatry NHS trust in England. This continues our work to understand correlations reported in the literature between temporary staff and violence.MethodWe consulted the Caldicott, legal, equality & diversity, teams and gained service evaluation permission SER-19-031 from CNTW R&D department. We briefly consulted with staff regarding themes relevant to temporary nurse workers. They expressed concern that staff perceived to be “other” would be at more risk.Employees’ age, ethnicity, employment status, nationality, length of service and seniority are routinely collected for the running of the trust. Therefore, these were anonymously collated then cross-referenced with violence and aggression incident reports (VA IR1s). Chi-squared was used to identify statistical significance. Ethno-national status was taken from self-report. We could not control for hours worked nor could we get agency staff demographic data.We compared “exposure to at least one violent incident” in June, July and August 2019 against the following demographic categories:Substantive vs bank staffBand 5 and above vs band 4 and belowStaff with < 1 year of service vs staff with ≥ 1 year of service“White British” staff vs Non-“White British” staff“British” staff on self-report vs “Non-British” staffAge ≤30 years vs ≥ 31yearsA minimum of 1682 nursing staff were analysed for each category in each month.ResultSubstantive staff, “White British”, “British”, younger, and staff of shorter employment length had greater frequencies of at least one VA IR1s compared to the complementary groups. Length of service was significant only in two months but judged significant overall. There was no statistically significant correlation with seniority. Substantive staff have three times the risk vs bank staff, perhaps mediated by hours worked. Other risk ratios were in the region x1.2 to x1.8.ConclusionBeing British, White British, younger, less experienced or substantive staff correlate with subjection to reported aggression. This did not fit with staff speculation during consultation. Survival effects may be relevant. We are working to get more detailed information. Induction may help reduce aggression against newer staff.
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Melati, Kesuma, and Stanislaus Atalim. "ANALISIS TERHADAP KEBIJAKAN DEMOSI PADA PEKERJA PT. MEGAH MITRA SUKSES (STUDI KASUS PUTUSAN NOMOR 146/PDT.SUS-PHI/2016/PN.JKT.PST JO PUTUSAN MAHKAMAH AGUNG NOMOR 257K/PDT.SUS-PHI/2017)." Jurnal Hukum Adigama 2, no. 1 (July 25, 2019): 744. http://dx.doi.org/10.24912/adigama.v2i1.5259.
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Demotion occurs in a company mainly because of its negative influence on the morale of the workers concerned and can affect the achievement and morale of other workers in the company. Decline in the position of authority, facilities, status and even salary is a punishment for workers. Demosi is not given its arrangement in Law number 13 of 2003 concerning Manpower and other laws and regulations related to employment. Thus, this demotion arrangement can be regulated individually in work agreements, company regulations or collective labor agreements.The company does have the right to move workers in other parts but may not violate Human Rights and violate the provisions of Article 32 paragraph 2 of the Manpower Act which stipulates that placing someone who is not because of his expertise is against the law. Workforce placement must also pay attention to expertise, dignity and human rights and legal protection. The problem examined is how legal protection for workers due to demotion policy at PT. Magnificent Success Partner? And Is the legal consideration of the judge in the decision Number 146/Pdt.Sus-PHI/ 2016/PN.JKT.PST Jo Decision of the Supreme Court Number 257K/Pdt.Sus-PHI/2017 in accordance with the Manpower Act?Demotion will continue to occur if there are no strict rules regarding demotion, the government should make a regulation in the Labor Law regarding demotion, so that the rules regarding demotion become clear and do not harm the workers.
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Kelly, Joseph M., David D. Kadue, and Robert J. Mignin. "Sexual Harassment in the Workplace: A United States Perspective." International Journal of Discrimination and the Law 7, no. 1-4 (September 2005): 29–85. http://dx.doi.org/10.1177/135822910500700403.
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Sexual harassment litigation has increased significantly within the United States. It is a cause of action that was created by the judiciary to enable an employee to work in an atmosphere free from a sexually hostile environment. Some parameters of U.S. sexual harassment law are still unclear, but the law now applies to men and women, and the burden of proof has gradually been eased. Under judge-made law, an employer will always be liable when harassment culminates in a tangible employment detriment. The employer is also automatically liable when a supervisor creates a hostile environment, unless the employer can prove that it has taken reasonable steps to prevent or correct harassment and that the employee unreasonably failed to use the employer's anti-harassment procedures. Employers are also liable for harassment perpetrated by supervisors, co-workers and non-employees if the employer is negligent in failing to prevent or correct harassment. Employers are thus well advised to formulate and enforce an anti-harassment workplace policy that allows a complainant to have a thorough, impartial and prompt investigation of any allegation of harassment. Complainants can elect to use federal-law and state-law remedies for sexual harassment/discrimination. The state law, unlike the federal, may allow unlimited tort-like damages. A complainant may also allege common law causes of action such as infliction of emotional distress.
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Harel, Alon. "Gay Rights in Israel: A New Era?" International Journal of Discrimination and the Law 1, no. 3 (March 1996): 261–78. http://dx.doi.org/10.1177/135822919600100304.
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A recent Israeli case in which a steward sued El-Al (the Israeli Airline) in order to extend benefits to his same-sex partner was the first case in which the Israeli Supreme Court confronted the rights of sexual minorities. This confrontation was inevitable given the rapid legal changes in the legal status of sexual minorities in Israel. These changes include the decriminalization of male homosexual intercourse in 1988, the 1992 amendment of the Equal Employment Opportunity Act—a statute which, in its amended version, prohibits discrimination in employment on the basis of sexual orientation as well as less visible but equally important legal changes. This article explores the prospects of the legal protection of gays and lesbians in light of these developments. It describes the legal changes that have taken place in recent years—changes which strengthen the protection of sexual minorities. It analyzes the opinions in the Supreme Court's El-Al case and evaluates the potential for exploiting the decision to expand sexual minority rights. It also specifies the areas where further legal changes are needed and evaluates the prospects of whether such changes (both statutory and judicial) will indeed take place given the variety of constraints and pressures on Israeli judges as well as on the legislature.
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Meulders, Danièle, and Robert Plasman. "The third pillar: adaptability." Transfer: European Review of Labour and Research 5, no. 4 (November 1999): 481–501. http://dx.doi.org/10.1177/102425899900500405.
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In most of the European Union countries, decisions related to the third pillar guidelines fall to those involved in collective bargaining. This is certainly the case for everything covered under Guideline 16 and, in particular, questions related to the reduction, reorganisation or modernisation of working time, with the exception of part-time work, which is very often the subject of statutory or legislative measures. Thus, we find numerous references to part-time work in the NAPs, whether to measures intended to facilitate the use of this form of work by employers or employees, or to the need to improve the working conditions of part-timers. On the other hand, all of the NAPs - with a few exceptions - are very circumspect, or not very explicit, about aspects linked to the duration and organisation of working time. It is difficult, moreover, to judge the progress made within the Member States with respect to partnership at all levels, as encouraged in the guidelines, which is meant to be one of the essential factors contributing to a modernisation of work organisation and an improvement in firms' adaptability. Although social pacts have been concluded in certain countries (Italy, Ireland, Luxembourg, Finland), their real scope cannot be evaluated by studying the National Action Plans. Moreover, their possible effects can only be judged over time. Investment in human capital is without doubt the aspect which comes up least in the NAPs, or can in any case be described as the dimension where innovative input is most lacking. Finally, the gender dimension puts in too rare an appearance in the third pillar, even though working time, employment contracts and training are three areas where the gender dimension is essential and causes significant stratification. It emerges from a close examination of the NAPs that the third pillar is interpreted in too restrictive a manner, underestimating the modernisation of work organisation aspect, and lacking an overall vision of the true potential of a strategy to modernise the organisation of work and working time.
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Asif, Muhammad Farhan, Salima Meherali, Ghulam Abid, Muhammad Safdar Khan, and Zohra S. Lassi. "Predictors of Child’s Health in Pakistan and the Moderating Role of Birth Spacing." International Journal of Environmental Research and Public Health 19, no. 3 (February 3, 2022): 1759. http://dx.doi.org/10.3390/ijerph19031759.
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There is a consensus that better health should be viewed both as a means and an end to achieve development. The level of development should be judged by the health status of the population and the fair distribution of health services across the people. Many determinants affect a child’s health. This study aimed to explore a child’s health predictors and the moderating role of birth spacing on the association between mother’s health care services utilization (MHCSU) and a child’s health. In this study, we used the dataset of Pakistan Demographic and Health Survey 2017-18 to explore the predictors of child health and the moderating role of birth spacing through binary logistic regression, using SPSS version 20. The results showed an association of mother’s age (35 to 49 years), her education (at least secondary), health care services (more accessible), father’s education (at least secondary), their wealth status (high), and exposure to mass media to improved child health. However, the effect of a mother’s employment status (employed) on her child’s health is significant and negative. The coefficient of moderation term indicated that the moderating role of birth spacing on the association between MHCSU and a child’s health is positive. We conclude that birth spacing is a strong predictor for improving a child’s health. The association between MHCSU and child’s health is more distinct and positive when the birth spacing is at least 33 months.
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Pippin, Sonja, Richard Mason, and Tiffany Pack-Baleme. "The Federal Tax Consequences of Surrogacy." ATA Journal of Legal Tax Research 8, no. 1 (January 1, 2010): 70–87. http://dx.doi.org/10.2308/1543-866x-8.1.70.
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ABSTRACT: Over the past 20 years, assisted reproductive technology (ATR) has developed at a rapid pace, forcing courts and legal scholars to tackle increasingly complex social issues, as well as ethical dilemmas. Legal aspects of surrogacy, such as parental rights and custody matters, have been addressed in some state statutes and have been extensively discussed by attorneys, judges, and judicial scholars. Yet, it appears that the tax treatement of payments to surrogates has not been part of this discussion. This exploratory paper discusses the following aspects related to federal taxes and surrogacy: (1) potential exclusion from gross income under Section 104, Section 71(c), or Section 102; (2) taxability of “extras,” like an allowance for clothing and food, reimbursements for pregnancy-related absence from work, and fees for certain procedures such as an amniocentesis or a cesarean section; (3) type of income and the surrogate's employment status; (4) deductibility of surrogacy-related expenses for the intended parents; and (5) tax policy implications.
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Lino, André Feliciano, and André Carlos Busanelli de Aquino. "The diversity of the Brazilian regional Audit Courts on government auditing." Revista Contabilidade & Finanças 29, no. 76 (November 6, 2017): 26–40. http://dx.doi.org/10.1590/1808-057x201803640.
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ABSTRACT Currently, the 33 regional audit courts are responsible to monitor the public financial management cycle for states and municipalities and to judge the compliance of governors’ acts to the laws regarding procurement and civil servants’ employment from more than 20,000 governmental entities under their jurisdiction. This article aims to analyze the diversity of internal configuration of these regional audit courts and to discuss the potential associations with the financial auditing quality their teams usually run. We conducted interviews with external auditors and IT directors from 18 courts, followed by triangulation to official documents from the audit courts, such as audit manuals and activities reports. The audit quality drivers were identified within the governmental auditing literature, supporting the evidences collected by the interviews content analysis. Despite all regional auditing bodies in Brazil were based on the Napoleonic model, the analysis indicates the identified configurations vary according to the team’s organization and size, auditor rotation and use of data reporting systems. The discussion shows that dissimilarities on the courts’ configurations, as they are responsible to audit a specific country area, will contribute to a different coercion level on fiscal and accounting issues to state and municipalities, due a combination of characteristics which could mitigate or improve the audit quality. This paper additionally suggests some precautions, based on the organization alignment literature, for the use of proxies to control audit quality effects in the public finance studies in Brazil.
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Dobryakov, Denis A. "THE LEGAL STATUS OF A LAWYER IN THE RUSSIAN FEDERATION AND THE REPUBLIC OF KOREA: COMPARATIVE-LEGAL ANALYSIS." RUDN Journal of Law 24, no. 2 (December 15, 2020): 353–88. http://dx.doi.org/10.22363/2313-2337-2020-24-2-353-388.
Full textAbstract:
Corporations of attorneys-at-law (in Russian this term is a synonym to advocate and similar to lawyer; it means a legal professional who passed qualification exam and obtained special status of a lawyer) in the Russian Federation and the Republic of Korea passed complicated historical way and now have many common and even universal features, though circumstances of their forming were completely different. In both Russia and Korea lawyers are members of one of the most significant civil society institutions, which protect rights of their citizens, seeking legal advice or receiving such advice by other means (for example, when a lawyer was designated by investigator in the Russian Federation). Attorneys-at-law face challenges in their qualification and practical experience. Candidates for the status must pass a special test (the qualification exam), but there are some exceptions. One of the important differences is Korean law on the bar and lawyer activities regulated by the Russian legislation. If in Russia every candidate for lawyer's status must pass qualification exam without any exceptions in terms of experience and previous employment, in the Republic of Korea former prosecutors and judges have privileged position and are exempted from the examination as appropriate level of their qualification is presumed. At the same time, in the Russian Federation a candidate for lawyer's status is a priori jurist what means that he must have higher education in the field of law, while in the Republic of Korea access to the attorneys corporation in open to everyone regardless of the level and profile of education. However, non-jurist candidates must pass a bar exam. This article provides a comparativelegal analysis of the development and modern regulation of the legal status of a lawyer in the legislation of the Russian Federation and the Republic of Korea, examines both the differences of the legislation of the named countries, as well as common features. Besides this study is one of the first in the Russian legal science with reference to the Korean bar.
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Grace, Rachael F., Andreas Glenthoej, Wilma Barcellini, Madeleine Verhovsek, Jennifer A. Rothman, Marta Morado, D. Mark Layton, et al. "Durability of Hemoglobin Response and Reduction in Transfusion Burden Is Maintained over Time in Patients with Pyruvate Kinase Deficiency Treated with Mitapivat in a Long-Term Extension Study." Blood 138, Supplement 1 (November 5, 2021): 848. http://dx.doi.org/10.1182/blood-2021-147711.
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Abstract Background: Pyruvate kinase (PK) deficiency is a rare hereditary anemia caused by mutations in the PKLR gene encoding the red blood cell (RBC) PK enzyme (PKR). Defects in PKR lead to chronic hemolytic anemia, which is associated with serious complications, regardless of transfusion status. Mitapivat (AG-348) is an investigational, first-in-class, oral, allosteric activator of PKR. Mitapivat demonstrated significant improvements in hemoglobin (Hb), markers of hemolysis and hematopoiesis, and reduction in disease burden (as measured by the PK deficiency diary and PK deficiency impact assessment) in non-regularly transfused patients (pts) (ACTIVATE, NCT03548220) and significant reduction in transfusion burden in regularly transfused pts (ACTIVATE-T, NCT03559699) with PK deficiency. Both studies met their primary endpoints. This analysis reports data from ACTIVATE, ACTIVATE-T, and their long-term extension (LTE) study (NCT03853798). Methods: The randomized, double-blind, placebo-controlled ACTIVATE study consisted of a 12-week (wk) dose-escalation period (5, 20, 50 mg twice daily [BID]) and a 12-wk fixed-dose period; 80 pts (age ≥ 18 years [yrs]) with a diagnosis of PK deficiency who were not regularly transfused (≤ 4 transfusion episodes in the prior yr; none in the prior 3 months [mos]) were randomized 1:1 to receive mitapivat or placebo. The primary endpoint was Hb response, defined as ≥ 1.5 g/dL increase in Hb from baseline (BL) sustained at ≥ 2 scheduled assessments at Wks 16, 20, or 24 in the fixed-dose period. The single-arm, open-label ACTIVATE-T study consisted of a 16-wk dose-escalation period (5, 20, 50 mg BID) and a 24-wk fixed-dose period; 27 pts (age ≥ 18 yrs) with a confirmed diagnosis of PK deficiency who were regularly transfused (≥ 6 transfusion episodes in the prior yr) were treated with mitapivat. The primary endpoint was transfusion response (≥ 33% reduction in number of RBC units transfused during the fixed-dose period, compared with the pt's individual historical transfusion burden standardized to 24 wks). A secondary endpoint was achieving transfusion-free status (no transfusions in the fixed-dose period). Pts who completed the fixed-dose period of ACTIVATE/ACTIVATE-T were eligible to continue in the LTE, where all pts received mitapivat. The ACTIVATE/LTE analysis assessed duration of Hb response in 2 cohorts: 1) pts assigned to mitapivat who achieved a Hb response and continued to the LTE (mitapivat-to-mitapivat arm [M/M]), and 2) pts assigned to placebo who switched to mitapivat in the LTE (placebo-to-mitapivat arm [P/M]) and then met Hb response criteria. The ACTIVATE-T/LTE analysis assessed transfusion response in the LTE, and transfusion-free duration among pts from ACTIVATE-T who achieved transfusion-free status. Results: In ACTIVATE, 40% of pts treated with mitapivat (N = 40) achieved a Hb response; in the LTE, pts who were randomized to placebo in ACTIVATE showed similar improvements in Hb levels after switching to mitapivat. In both cohorts, these improvements were sustained with continued treatment (Figure 1A). All 16 pts assigned to mitapivat in ACTIVATE who achieved Hb responses continued to the LTE; 15 M/M pts were evaluable for Hb assessment in the LTE. Thirteen of 15 M/M pts (86.7%) maintained ≥ 1.5 g/dL Hb increase from BL up to 19.5 mos at all time points; the other 2 pts maintained ≥1 g/dL Hb increase from BL at all time points (Figure 1B). None of the pts assigned to placebo in ACTIVATE (N = 40) had a Hb response; 17 P/M pts had sufficient time (24 wks of treatment) in the LTE for Hb response assessment. Six of 17 pts (35%) achieved Hb responses in the LTE, and all maintained Hb responses for the duration of follow-up (Figure 1C). In ACTIVATE-T (N = 27), 37% of pts achieved a transfusion response and 22% of pts achieved transfusion-free status. In the LTE, 9 pts (33.3%) met criteria for a transfusion response. All 6 pts who achieved transfusion-free status in ACTIVATE-T maintained the status in the LTE up to 21.9 mos (Figure 1D). One additional pt, who met the primary endpoint, but was not transfusion free in ACTIVATE-T, did not receive any transfusions in the LTE. Conclusions: Mitapivat improved Hb and reduced transfusion burden in pts with PK deficiency by targeting the underlying PKR defect. These data show the consistency and long-term durability of response, and support mitapivat's potential to become the first disease-modifying drug therapy approved for PK deficiency. Figure 1 Figure 1. Disclosures Grace: Dova: Membership on an entity's Board of Directors or advisory committees, Research Funding; Principia: Membership on an entity's Board of Directors or advisory committees; Novartis: Research Funding; Agios: Research Funding. Glenthoej: Novartis: Consultancy, Membership on an entity's Board of Directors or advisory committees; Calgene: Consultancy, Membership on an entity's Board of Directors or advisory committees; Bluebird Bio: Consultancy, Membership on an entity's Board of Directors or advisory committees; Agios Pharmaceuticals: Consultancy, Membership on an entity's Board of Directors or advisory committees; Alexion: Research Funding; Novo Nordisk: Honoraria. Barcellini: Incyte: Membership on an entity's Board of Directors or advisory committees; Bioverativ: Membership on an entity's Board of Directors or advisory committees; Alexion Pharmaceuticals: Honoraria; Novartis: Honoraria; Agios: Honoraria, Research Funding. Verhovsek: Vertex: Consultancy. Rothman: Pfizer: Consultancy, Honoraria, Research Funding; Agios Pharmaceuticals: Honoraria, Research Funding; Novartis: Honoraria, Research Funding; Bluebird Bio: Research Funding. Morado: Sanofi Genzyme: Honoraria. Layton: Novartis: Consultancy, Membership on an entity's Board of Directors or advisory committees; Cerus: Membership on an entity's Board of Directors or advisory committees; Agios Pharmaceuticals: Consultancy, Membership on an entity's Board of Directors or advisory committees. Galactéros: Addmedica: Membership on an entity's Board of Directors or advisory committees. Van Beers: Agios Pharmaceuticals: Membership on an entity's Board of Directors or advisory committees, Research Funding; Novartis: Research Funding; RR Mechatronics: Research Funding; Pfizer: Research Funding. Viprakasit: Vifor Pharma: Consultancy, Research Funding; Protagonist Therapeutics: Consultancy, Research Funding; La Jolla Pharmaceuticals: Consultancy, Research Funding; Ionis Pharmaceuticals,: Consultancy, Research Funding; Bristol-Myers Squibb: Consultancy, Honoraria, Research Funding, Speakers Bureau; Agios: Consultancy, Research Funding. Chonat: Alexion: Consultancy, Research Funding; Agios: Consultancy, Research Funding; Novartis: Consultancy, Research Funding; Global Blood Therapeutics: Consultancy, Research Funding; Takeda: Consultancy, Research Funding. Porter: La Jolla Pharmaceuticals: Honoraria; Agios: Consultancy, Honoraria; Silence Therapeutics: Honoraria, Membership on an entity's Board of Directors or advisory committees; bluebird bio, Inc.: Consultancy, Honoraria, Membership on an entity's Board of Directors or advisory committees; Protagonism: Honoraria; Vifor: Honoraria, Membership on an entity's Board of Directors or advisory committees; Celgene (BMS): Consultancy, Honoraria, Membership on an entity's Board of Directors or advisory committees. Judge: Agios Pharmaceuticals: Current Employment, Current holder of stock options in a privately-held company. Kosinski: Agios Pharmaceuticals: Current Employment, Current equity holder in publicly-traded company. Hawkins: Bristol-Myers Squibb: Current equity holder in publicly-traded company; Agios: Current equity holder in publicly-traded company. Gheuens: Agios Pharmaceuticals: Current Employment, Current equity holder in publicly-traded company. Xu: Agios Pharmaceuticals: Current Employment, Current equity holder in publicly-traded company. McGee: Agios Pharmaceuticals: Current Employment, Current equity holder in publicly-traded company. Beynon: Agios Pharmaceuticals: Current Employment, Current equity holder in publicly-traded company. Al-Samkari: Rigel: Consultancy; Amgen: Research Funding; Dova/Sobi: Consultancy, Research Funding; Novartis: Consultancy; Argenx: Consultancy; Agios: Consultancy, Research Funding; Moderna: Consultancy.
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Vagts, Detlev F. "Military Commissions: A Concise History." American Journal of International Law 101, no. 1 (January 2007): 35–48. http://dx.doi.org/10.1017/s0002930000029511.
Full textAbstract:
As military commissions have been revived in the wake of the attacks of September 11,2001, interest has grown in the history of the institution. The United States Supreme Court, in Hamdan v. Rumsfeld, sketched out some historical notes and set forth a tripartite division between law-of-war commissions, martial law commissions, and occupation tribunals. Various authors have advanced insights on this history, though most have focused on the prominent episodes, particularly the handful of Supreme Court cases. Even the most comprehensive article gives short shrift to the massive employment of commissions in the Reconstruction era and in postwar Germany. This essay attempts to advance the cause by sketching out the entire scope of the institution’s history and indicating what further research would have to be done to arrive at a truly comprehensive treatment. A basic difficulty is that the work product of military commissions is not encompassed in a series of trial reports like the Federal Supplement or the military’s own Court-Martial Reports. A handful of cases wound up in the Supreme Court and another half dozen stood out enough to attract historians’ interest. Otherwise, commission proceedings are memorialized, if at all, only in military general orders and records of trials that were maintained in the Office of the Judge Advocate General. I have explored the records pertaining to commissions in the Reconstruction period following the Civil War in anticipation of writing a comprehensive article. It is a difficult and time-consuming task. To complete the picture, similar pick-and-shovel work would have to be done on such extensive use of the commission as occurred in Germany after World War II. Both the Civil War-Reconstruction period and the German occupation produced thousands of trials.
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Dishon, Nadav. "Temporary Constitutional Amendments as a Means to Undermine the Democratic Order: Insights from the Israeli Experience." Israel Law Review 51, no. 3 (October 24, 2018): 389–425. http://dx.doi.org/10.1017/s002122371800016x.
Full textAbstract:
This article focuses on the adoption of temporary measures within the generally rigid constitutional sphere. Commentators frequently contemplate the extent to which temporary constitutional measures are adequate and necessary within a constitution that is meant to be perpetuated. Some writers are in favour of temporary constitutionalism, claiming that it allows flexibility and relieves the counter-majoritarian problem. Others emphasise the devastating impact of intense implementation of temporary measures on the status and legitimacy of the constitution.The article contends that as beneficial as temporary constitutionalism may be in some circumstances, its use should be scrutinised with great suspicion, especially when it is employed in weak constitutional regimes. In outlining the history of temporary constitutionalism in the State of Israel, the article illustrates how temporary constitutional amendments can be harnessed to undermine the democratic order. The Israeli use of temporary constitutionalism since 2009 reveals a new under-explored manifestation of ‘abusive constitutionalism’, referred to here as ‘abusive temporary constitutionalism’. With abusive temporary constitutionalism, incumbents can entrench their power against their opponents while avoiding both public accountability and judicial review of their actions. Drawing on the Israeli experience, the article outlines several signifiers (i.e. distinctive markers) which will allow judges in the future to monitor and suppress the development of the abusive employment of temporary constitutional amendments.
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Kawedia, Jitesh D., Chengcheng Liu, Deqing Pei, Cheng Cheng, Christian A. Fernandez, Scott C. Howard, Dario Campana, et al. "Systemic Exposure to Dexamethasone and Asparaginase Affects Risk of Relapse in Children with Acute Lymphoblastic Leukemia." Blood 118, no. 21 (November 18, 2011): 2550. http://dx.doi.org/10.1182/blood.v118.21.2550.2550.
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Abstract Abstract 2550 Dexamethasone and asparaginase are key components of acute lymphoblastic leukemia (ALL) treatment. We previously observed that patients with a higher systemic exposure to asparaginase had a lower clearance and thus a higher systemic exposure to dexamethasone (Yang et al, J Clin Oncol; 26:1932–9, 2008). Whether interpatient dexamethasone pharmacokinetic variability contributes to relapse risk is not known. We determined the prognostic influence of dexamethasone plasma clearance and of anti-asparaginase antibody levels on risk of relapse via multivariate analyses after adjusting for standard clinical and biologic prognostic factors (treatment risk arm, age, race, initial leukocyte count, ALL immunophenotype, minimal residual disease and CNS status) in 410 children with ALL who were treated on a front-line clinical trial (St. Jude Total XV) and were evaluable for the pharmacologic measures through at least 22 weeks from diagnosis. Dexamethasone apparent clearance (average ± standard deviation) was significantly (p = 3 ×10−8) higher in patients with detectable serum levels of anti-asparaginase antibodies (17.7 ± 18.6 L/h/m2) compared to patients with no detectable antibodies (10.6 ± 5·99 L/h/m2), consistent with higher exposure to asparaginase being associated with higher exposure to dexamethasone. In multivariate analysis, higher dexamethasone clearance was associated with a higher risk of any relapse (hematologic, CNS, combined, and other; hazard ratio 1.56, 95% confidence interval, 1.1–2.19; p = 0.01) and of any CNS relapse (CNS and CNS + hematologic; hazard ratio 1.93, 95% confidence interval 1.1–3.37; p = 0.02). CNS relapse was also more frequent in patients with vs. those without anti-asparaginase antibodies (5-year cumulative risk of 4.9% vs. 1.8%; p = 0.02). Classification and regression tree analysis revealed that a dexamethasone clearance greater than 37.5 L/h/m2 might distinguish patients at higher risk of relapse (Figure). In conclusion, the presence of anti-asparaginase antibodies is associated with increased systemic clearance of dexamethasone. Lower exposure to dexamethasone and asparaginase are associated with an increased risk of relapse in children with ALL treated with contemporary therapy. The cumulative incidence of any relapse (A) and CNS relapse (B) was higher in patients with dexamethasone (Dex) clearance (CL) greater than 37.5 L/h/m2 than in those with lower clearance (p values based on log rank test). Disclosures: Evans: St. Jude Children's research Hospital: Employment, Patents & Royalties; NIH & NCI: Research Funding; Aldagen: Membership on an entity's Board of Directors or advisory committees. Relling:Sigma-Tau Pharmaceuticals, Inc: Investigator-initiated research; NIH: Research Funding; St. Jude Children's Research Hospital: Employment, Patents & Royalties.
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Van Beers, Eduard J., Hanny Al-Samkari, Rachael F. Grace, Wilma Barcellini, Andreas Glenthoej, Malia P. Judge, Penelope A. Kosinski, et al. "Mitapivat Improves Ineffective Erythropoiesis and Reduces Iron Overload in Patients with Pyruvate Kinase Deficiency." Blood 138, Supplement 1 (November 5, 2021): 2005. http://dx.doi.org/10.1182/blood-2021-147317.
Full textAbstract:
Abstract Background: Pyruvate kinase (PK) deficiency is a rare hereditary disease resulting in chronic hemolytic anemia, which is associated with serious complications, including iron overload, regardless of transfusion status. Ineffective erythropoiesis is linked to iron overload in patients (pts) with hemolytic anemias. Mitapivat is a first-in-class, oral, allosteric activator of the red blood cell PK enzyme (PKR) that has demonstrated improvement in hemoglobin (Hb), hemolysis, and transfusion burden in pts with PK deficiency. This analysis assessed the effect of mitapivat on markers of erythropoiesis and iron overload in pts with PK deficiency enrolled in 2 phase 3 studies, ACTIVATE (NCT03548220) and ACTIVATE-T (NCT03559699), and the long-term extension (LTE) study (NCT03853798). Methods: In ACTIVATE (double-blind, placebo-controlled study), 80 pts (age ≥ 18 years [yrs]) with a confirmed diagnosis of PK deficiency who were not regularly transfused (≤ 4 transfusion episodes in the prior yr; none in the prior 3 months) were randomized to receive mitapivat or placebo. In ACTIVATE-T (open-label, single-arm study), 27 pts (age ≥ 18 yrs) with a confirmed diagnosis of PK deficiency who were regularly transfused (≥ 6 transfusion episodes in the prior yr) were treated with mitapivat. Pts who completed either trial (24 weeks [wks] [ACTIVATE], 40 wks [ACTIVATE-T]) were eligible to continue in the LTE. Erythropoiesis markers included erythropoietin (EPO), erythroferrone, reticulocytes, and soluble transferrin receptor (sTfR). Markers of iron overload included hepcidin, iron, transferrin saturation (TSAT), ferritin, and liver iron concentration (LIC) by magnetic resonance imaging (MRI). In the LTE all pts received mitapivat. Pts from ACTIVATE were categorized into either the mitapivat-to-mitapivat arm (M/M) or the placebo-to-mitapivat arm (P/M). The ACTIVATE-T/LTE analysis includes pts who achieved transfusion-free status in ACTIVATE-T. The ACTIVATE/LTE analysis assessed change in markers from baseline (BL) over time in both study arms. Results: Eighty pts were included in the ACTIVATE/LTE analysis (M/M = 40; P/M = 40). Pts in both arms had abnormal BL erythropoiesis markers consistent with underlying ineffective erythropoiesis, and BL abnormal markers of iron overload. In the M/M arm, mean (SD) EPO, erythroferrone, reticulocytes, and sTfR decreased from BL to Wk 24 of mitapivat treatment by -32.9 IU/L (62.47), -9834.9 ng/L (13081.15), -202.0 10 9/L (246.97), and -56.0 nmol/L (82.57), respectively, while they remained stable or increased in the P/M arm on placebo (Figure). Twenty-four wks after starting mitapivat in the LTE (Wk 48 post BL), pts in the P/M arm had comparable beneficial decreases in mean (SD) EPO, erythroferrone, reticulocytes, and sTfR of -11.6 IU/L (30.74), -9246.1 ng/L (8314.17), -283.7 10 9/L (374.27), and -38.7 nmol/L (48.37), respectively. Improvements in hepcidin, iron, TSAT, and LIC were also observed with mitapivat treatment; ferritin remained stable (Table). Mean (SD) hepcidin increased in the M/M arm at Wk 24 and in the P/M arm 24 wks after starting mitapivat (Wk 48 post BL). At Wk 24, mean (SD) iron and TSAT, and median (Q1, Q3) LIC decreased in the M/M arm, while they increased on placebo. In the P/M arm, iron, TSAT, and LIC decreased 24 wks after starting mitapivat (Wk 48 post BL). Transfusion-free responders from ACTIVATE-T (n = 6) also experienced improvements in markers of erythropoiesis and iron overload in the LTE. Conclusions: In addition to improving Hb, hemolysis, and transfusion burden, data from ACTIVATE, ACTIVATE-T, and the LTE study indicate that activation of PKR with mitapivat improves markers of ineffective erythropoiesis and iron homeostasis in PK deficiency, thereby decreasing iron overload in these pts. Mitapivat has the potential to become the first approved therapy in PK deficiency with beneficial effect on iron overload. Figure 1 Figure 1. Disclosures Van Beers: Agios Pharmaceuticals: Membership on an entity's Board of Directors or advisory committees, Research Funding; Novartis: Research Funding; RR Mechatronics: Research Funding; Pfizer: Research Funding. Al-Samkari: Amgen: Research Funding; Argenx: Consultancy; Rigel: Consultancy; Novartis: Consultancy; Dova/Sobi: Consultancy, Research Funding; Agios: Consultancy, Research Funding; Moderna: Consultancy. Grace: Agios: Research Funding; Dova: Membership on an entity's Board of Directors or advisory committees, Research Funding; Principia: Membership on an entity's Board of Directors or advisory committees; Novartis: Research Funding. Barcellini: Bioverativ: Membership on an entity's Board of Directors or advisory committees; Incyte: Membership on an entity's Board of Directors or advisory committees; Alexion Pharmaceuticals: Honoraria; Novartis: Honoraria; Agios: Honoraria, Research Funding. Glenthoej: Bluebird Bio: Consultancy, Membership on an entity's Board of Directors or advisory committees; Novartis: Consultancy, Membership on an entity's Board of Directors or advisory committees; Agios Pharmaceuticals: Consultancy, Membership on an entity's Board of Directors or advisory committees; Calgene: Consultancy, Membership on an entity's Board of Directors or advisory committees; Alexion: Research Funding; Novo Nordisk: Honoraria. Judge: Agios Pharmaceuticals: Current Employment, Current holder of stock options in a privately-held company. Kosinski: Agios Pharmaceuticals: Current Employment, Current equity holder in publicly-traded company. Xu: Agios Pharmaceuticals: Current Employment, Current equity holder in publicly-traded company. Beynon: Agios Pharmaceuticals: Current Employment, Current equity holder in publicly-traded company. McGee: Agios Pharmaceuticals: Current Employment, Current equity holder in publicly-traded company. Porter: La Jolla Pharmaceuticals: Honoraria; Protagonism: Honoraria; Agios: Consultancy, Honoraria; bluebird bio, Inc.: Consultancy, Honoraria, Membership on an entity's Board of Directors or advisory committees; Celgene (BMS): Consultancy, Honoraria, Membership on an entity's Board of Directors or advisory committees; Vifor: Honoraria, Membership on an entity's Board of Directors or advisory committees; Silence Therapeutics: Honoraria, Membership on an entity's Board of Directors or advisory committees. Kuo: Celgene: Consultancy; Agios: Consultancy, Membership on an entity's Board of Directors or advisory committees; Novartis: Consultancy, Honoraria; Alexion: Consultancy, Honoraria; Bioverativ: Membership on an entity's Board of Directors or advisory committees; Pfizer: Consultancy, Research Funding; Bluebird Bio: Consultancy; Apellis: Consultancy.
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Deakin, Simon. "Decoding Employment Status." King's Law Journal 31, no. 2 (May 3, 2020): 180–93. http://dx.doi.org/10.1080/09615768.2020.1789432.
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Merchant, James A., Kevin M. Kelly, Leon F. Burmeister, Matt J. Lozier, Alison Amendola, David P. Lind, Arlinda KcKeen, et al. "Employment Status Matters." Journal of Occupational and Environmental Medicine 56, no. 7 (July 2014): 686–98. http://dx.doi.org/10.1097/jom.0000000000000149.
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Pozzoboni, Kristen M. "Rural Youth Perspectives on Why Kids Disconnect." Teachers College Record: The Voice of Scholarship in Education 117, no. 13 (April 2015): 83–102. http://dx.doi.org/10.1177/016146811511701310.
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In the United States, policy makers refer to young people, between the ages of 16 and 24, who are disconnected from school or work as “opportunity youth.” Although researchers have documented demographic characteristics of this population, few empirical studies examine features of context that explain how youth become disconnected from education and employment. In this chapter, I present the voices of young people as they examine the phenomenon of “disconnection” in their rural community. I draw on qualitative data to describe how features of policy, practice, and place make it difficult for youth to experience feelings of belonging, develop valued social networks, and establish identities as productive community members. The chapter includes recommendations for sustaining youth engagement and interrupting pathways to disconnection. In a small town, everybody knows everybody. If I make a mistake, and do something bad, everybody knows, everybody judges me. Why would I want to be involved in a place where I feel so judged? — Youth participant
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Brinkman, Tara M., Kirsten K. Ness, Zhenghong Li, I.-Chan Huang, Kevin R. Krull, Amar Gajjar, Thomas E. Merchant, et al. "Attainment of Functional and Social Independence in Adult Survivors of Pediatric CNS Tumors: A Report From the St Jude Lifetime Cohort Study." Journal of Clinical Oncology 36, no. 27 (September 20, 2018): 2762–69. http://dx.doi.org/10.1200/jco.2018.77.9454.
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Purpose Beyond survival, achieving independence is a primary goal for adult survivors of pediatric CNS tumors. However, the prevalence of and risk factors for failure to achieve independence, assessed with multiple concurrent indicators, have not been examined. Patients and Methods Functional and social independence was assessed in 306 survivors (astrocytoma [n = 130], medulloblastoma [n = 77], ependymoma [n = 36], and other [n = 63]; median current age, 25.3 years [range, 18.9 to 53.1 years]; time since diagnosis, 16.8 years [range, 10.6 to 41.8 years]). Six observed indicators were used to identify latent classes of independence, which included employment, living independently, assistance with personal care, assistance with routine needs, obtaining a driver’s license, and marital status. Physical performance impairments were defined as scores < 10th percentile on measures of aerobic capacity, strength, flexibility, balance, mobility, and adaptive function. Multinomial logistic regression estimated odds ratios (ORs) and 95% CIs were calculated for associations of disease/treatment exposures and impairments in physical performance with nonindependence. Results Three classes of independence were identified as independent (40%), moderately independent (34%), and nonindependent (26%). In multivariable models, craniospinal irradiation (OR, 4.20; 95% CI, 1.69 to 10.44) and younger age at diagnosis (OR, 1.24; 95% CI, 1.14 to 1.35) were associated with risk of nonindependence versus independence. Beyond impaired IQ, limitations in aerobic capacity (OR, 5.47; 95% CI, 1.78 to 16.76), flexibility (OR, 3.66; 95% CI, 1.11 to 12.03), and adaptive physical function (OR, 11.54; 95% CI, 3.57 to 37.27) were associated with nonindependence versus independence. Nonindependent survivors reported reduced physical but not mental health-related quality of life compared with independent survivors. Conclusion Sixty percent of survivors of pediatric CNS tumors do not achieve complete independence as adults. Reduction in intensity of primary therapies and interventions that target physical performance and adaptive deficits may help survivors to achieve greater independence.
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Levinson, L. Harold. "The Status of the Administrative Judge." American Journal of Comparative Law 38 (1990): 523. http://dx.doi.org/10.2307/840557.
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Hibbard, Judith H., and Clyde R. Pope. "Employment Status, Employment Characteristics, and Women's Health." Women & Health 10, no. 1 (February 14, 1985): 59–77. http://dx.doi.org/10.1300/j013v10n01_05.
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Herrmann, Klaus. "Äußerung von Beamten im Konflikt mit Dienstpflichten." Die Verwaltung 51, no. 2 (April 1, 2018): 265–300. http://dx.doi.org/10.3790/verw.51.2.265.
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Summary Over the past decades, the adjudication handed down by the German administrative courts has consistently derived from the principles of the professional civil service (Grundsätze des Berufsbeamtentums) enshrined in Article 33 paragraph 5 of the Grundgesetz (GG, Basic Law) and in the blanket clauses of the Beamtenstatusgesetz (BeamtStG, Act on the Status of Civil Servants) as well as the Civil Servants Acts applicable at the Federal and the Land levels the duties of civil servants, judges, and soldiers to adhere to the German Constitution and to be loyal to it, to maintain their impartiality, and to protect the respect in which their employer is held, as well as the trust that their employer and the general public place in them, in any statements they may make as part of their service, but also outside of an official context. The present contribution sets out the historical developments and milestone decisions in this regard, such as the judgment handed down by the Bundesverfassungsgericht (Federal Constitutional Court) of May 22nd, 1975, which refused to grant employment as civil servants to applicants seeking such employment who were involved with the Deutsche Kommunistische Partei (DKP, German Communist Party). Furthermore, the contribution addresses the various consequences, based on their severity, which violations against the duty to adhere to the German Constitution, to remain neutral, and to exercise restraint will have, along with the consequences of violations of the duty to observe secrecy in all matters pertaining to the service. Based on the circumstances of the cases adjudicated by the courts, the requirements made on civil servants’ conduct and the „red lines“ constituting a dereliction of official duties when crossed are discussed. Where the punishment under disciplinary law of violations of said duties is concerned, the administrative courts premise their decisions on the assumption that civil servants, judges, and soldiers are aware of what is expected of them. However, the articles’ main focus is on how the duty of neutrality was derived, in terms of jurisprudence, in the court rulings most recently handed down on the „Lights out!“ call by the mayor of a city in North Rhine-Westphalia. The municipal leader had instructed all city-owned buildings to turn their lights off, on the evening of an assembly that had been previously registered with the city administration, in the interests of damaging the attractiveness of the demonstration and its overall impact. While the administrative courts have relied, in dealing with that particular call to action and with other statements made in the battle of public opinion, on the general duty of the state to remain objective and to adhere to the principle of neutrality where party politics are concerned, the present contribution highlights the fact that the duty of neutrality as stipulated by the laws governing civil servants must not be disregarded when this group of people voices religious or political sentiments, nor must the official duties subject to sanctions under disciplinary law be ignored.
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Dashkevich, Serhii. "International standards of legal status of judge." Aktual’ni problemi pravoznavstva 1, no. 4 (2021): 38–43. http://dx.doi.org/10.35774/app2021.04.038.
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Youngblut, Joanne M. "Consistency between maternal employment attitudes and employment status." Research in Nursing & Health 18, no. 6 (December 1995): 501–13. http://dx.doi.org/10.1002/nur.4770180606.
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Roberts, K., K. L. Lamb, S. Dench, and D. A. Brodie. "Leisure patterns, health status and employment status." Leisure Studies 8, no. 3 (September 1989): 229–35. http://dx.doi.org/10.1080/02614368900390231.
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SOMANAWAT, Kitpatchara. "Constructing the Identity of the Thai Judge: Virtue, Status, and Power." Asian Journal of Law and Society 5, no. 1 (January 18, 2018): 91–110. http://dx.doi.org/10.1017/als.2017.32.
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AbstractA central aspect of Thai legal consciousness since the mid-twentieth century, widely shared among the general population, has been a perception that judges have an exalted status entitling them to make broad-ranging pronouncements about social and political issues as well as legal matters. Popular legal consciousness of the Thai judge has to a large extent been shared by the judges themselves, as well as by their families and followers. The power and authority of Thai judges go far beyond the limited formal role they are given in Thailand’s civil-law system. This article suggests that the exceptional status of the Thai judge derives from a process of identity construction, emphasizing four traits that set the ideal judge apart from ordinary people. The first is that a Thai judge must be a “khon di” (good person), with specific reference to the traditions of Thai Buddhism. The second is that a Thai judge must be polite, kind, and socially refined—a “phudi” (proper gentleman). The third characteristic of the ideal Thai judge is that he or she must be highly educated and knowledgeable about the law—a “phuru” (learned and wise person). The fourth trait is that a Thai judge must be a “phupakdi” (loyal servant of the king), not only loyal to the monarchy as an institution, but to the late King Rama IX as a person. When the identity of the Thai judge is constructed from these four constituent elements, the pronouncements of the judge acquire legitimacy, even when they range beyond the narrow letter of the law. The article explores this central aspect of Thai legal consciousness by analyzing the construction of judges’ identities through a distinctive set of historical documents—the cremation volumes (nangsue ngan sop) that are published and distributed at the funerals of noted public figures. These volumes contain a wealth of biographical information as well as related legal and historical material that shed light on the life and work of Thailand’s most prominent judges during the past 50 years.
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Azizah, Siti, Husni Mubarrak, and Muslem Muslem. "UMROH AS THE REASON FOR UNILATERAL TERMINATION OF EMPLOYMENT BY PT. DARUSSALAM BERLIAN MOTOR FROM THE PERSPECTIVE OF IJĀRAH BI AL-‘AMAL (Verdict Case Study No. 1/Pdt.Sus-PHI/2019/PN Bna)." Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial 11, no. 1 (July 2, 2021): 59. http://dx.doi.org/10.22373/dusturiyah.v11i1.8430.
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PT. Darussalam Berlian Motor has terminated one of its employees on the grounds of performing the umroh. However the company/defendant argued that the employee/litigant had left their job without even notifying the defendant in advance. The defendat also explained that during their tenure, the litigant often made serious mistakes. On contrary, due to the serious mistakes that had been committed before, the defendant did not terminate the employment contract and the action was only taken when the litigant performed umroh in the holy land. The question in this research is how the judge considers the unilateral termination of employment experienced by the employee and what are the factors that cause the judge to grant the litigant’s claim. And how is the perspective of Ijārah bi al-‘Amal contract against the judge’s decision regardimg the grant of the litigant’s claim. In this research the authors used normative legal research method that analyzed the judge’s decree No. 1/Pdt.Sus-PHI/2019/PN Bna with qualitative approach. The judge in his decree considered thet the termination of employment on the grounds that the litigant had committed serious problems could not be considered because it was not in accordance with the applicable law. As for the factors that caused the judge to grant the litigant’s claim, due to the absence of evidence of a second PKWT contract between the litigant and the defendant, that’s why the previously PKWT contract changed to PKWTT contract. In Islamic law, when ones terminating a work relationship a company can perform fasakh through urbun which has similarities with the obligation to pay severance pay. From the explanation above, it can be concluded that unilateral termination of employment cannot be justified and does not have a string legal force.
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Şahin, Afşin, Aysit Tansel, and M. Hakan Berument. "Output–employment relationship across employment status: evidence from Turkey." Macroeconomics and Finance in Emerging Market Economies 7, no. 1 (February 13, 2013): 99–121. http://dx.doi.org/10.1080/17520843.2012.761260.
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Rose, Kathryn M., Beth Newman, Herman A. Tyroler, Moyses Szklo, Donna Arnett, and Narain Srivastava. "Women, Employment Status, and Hypertension." Annals of Epidemiology 9, no. 6 (August 1999): 374–82. http://dx.doi.org/10.1016/s1047-2797(99)00015-0.
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White, Paul, and Geoff Waghorn. "Mental illness and employment status." Australian and New Zealand Journal of Psychiatry 38, no. 3 (March 2004): 174–75. http://dx.doi.org/10.1111/j.1440-1614.2004.01326.x.
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Mols, Floortje. "Employment Status Among Cancer Survivors." JAMA 302, no. 1 (July 1, 2009): 32. http://dx.doi.org/10.1001/jama.2009.903.
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Short, Pamela Farley. "Employment Status Among Cancer Survivors." JAMA 302, no. 1 (July 1, 2009): 32. http://dx.doi.org/10.1001/jama.2009.904.
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van Dalen, Elvira C. "Employment Status Among Cancer Survivors." JAMA 302, no. 1 (July 1, 2009): 32. http://dx.doi.org/10.1001/jama.2009.905.
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Sutherland, John. "Employment status and job satisfaction." Evidence-based HRM: a Global Forum for Empirical Scholarship 1, no. 2 (October 7, 2013): 187–216. http://dx.doi.org/10.1108/ebhrm-08-2012-0008.
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Friis, Robert, and G. Nanjundappa. "Diabetes, depression and employment status." Social Science & Medicine 23, no. 5 (January 1986): 471–75. http://dx.doi.org/10.1016/0277-9536(86)90006-7.
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Lee, Amanda J., Iain K. Crombie, William C. S. Smith, and Hugh D. Tunstall-Pedoe. "Cigarette smoking and employment status." Social Science & Medicine 33, no. 11 (January 1991): 1309–12. http://dx.doi.org/10.1016/0277-9536(91)90080-v.
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