Journal articles on the topic 'Individual termination of labour legal relationship'
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1
Wincenciak, Mirosław. "“Transformation” of a Tax and Customs Administration Officer’s Service Relationship Into an Employment Relationship." Studia Iuridica Lublinensia 29, no. 1 (March 29, 2020): 215. http://dx.doi.org/10.17951/sil.2020.29.1.215-227.
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<p>Lack of court protection for officers whose current service relationship is substituted with a form that is less beneficial – an employment relationship, should be seen as a violation of their right to trial. A labour court, by definition, is not an appropriate court when it comes to cases of entering into or the termination of service relationships having a legal and administrative character. This court can judge cases concerning the employment relationship of an employee but fundamentally does not have jurisdiction to assess the establishment and termination of a legal and administrative relationship. Therefore, sending customs officers to labour courts causes the transformation of a service relationship into an employment relationship to slip out of court control.</p>
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Tasić, Anđelija, and Goran Obradović. "The consequences of termination of employment relationship due to discrimination." Zbornik radova Pravnog fakulteta Nis 59, no. 89 (2020): 119–37. http://dx.doi.org/10.5937/zrpfn0-30740.
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This article focuses on the procedural norms concerning antidiscrimination and labour rights protection. By analyzing concrete legal norms, the authors attempt to address the key question: what is the appropriate way of ensuring legal protection for victims of unlawful termination due to discrimination? The fact is that two different legal procedures contain different rules about time limit for initiating civil proceedings, filing a claim or motions, as well as didderent rules on the burden of proof. These complex issues have been insufficiently addressed in theory and practice. For the purpose of overcoming this problem, the authors provide an insight into the comparative law solutions which may be used as guidelines in prospective legislative efforts and adjusted to the specific features of the legal system in the Republic of Serbia.
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Mazurczak-Jasińska, Eliza. "Kodeksowa ochrona szczególna stosunku pracy powstałego na podstawie powołania." Przegląd Prawa i Administracji 117 (December 20, 2019): 47–60. http://dx.doi.org/10.19195/0137-1134.117.5.
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THE SPECIAL PROTECTION OF EMPLOYMENT RELATIONSHIP ON THE BASIS OF APPOINTMENTRESULTING FROM THE LABOUR CODEThe subject matter of this study is an analysis of the legal mechanisms resulting from the provisions of the Labour Code which concern the special protection of an employment relationship which is based on appointment, regarding both their subjective scope as well as the terms of the correctness of their applications by the appellant the employer. Among the ways of establishing an employment relationship, appointment stands out by providing the smallest degree of stabilization, not only because of the scope of the claims that recalled employees are entitled to and the lack of the possibility of applying the usual modes of conduct for the termination of an employment contract, but also because of the nature of the special protection, which allows for the appointed employee to be recalled and poorly protects against the termination of the employment relationship. Measures for the protection of an employment relationship on the basis of appointment, resulting from the provisions of the Labour Code, have a limited subjective range. The legislature has also resigned from an absolute ban on the termination of an employment relationship and allows only the extension of the duration of the existing relationship or the continuation of an employment with the previous employer, but on a different legal basis.
4
Rădulescu, Dragoş Lucian. "ASPECTS REGARDING THE LEGALITY OF THE DISMISSAL DECISION." JUS ET CIVITAS -A Journal of Social and Legal Studies 8(72), no. 2 (2022): 30–36. http://dx.doi.org/10.51865/jetc.2021.02.05.
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Dismissal is the legal institution that, on the initiative of the employer or for reasons related to the employee, causes the termination of the individual employment contract. In case of application of the provisions of art. 65 of the Labor Code, regarding the termination of employment for reasons not related to the person of the employee, the topic is of the utmost relevance, in the current economic context. The legality of such a dismissal decision will relate to the existence of a real and serious cause, thus eliminating the possible subjective conduct of employers, not accepting the absence of the actual cause or the elements that define discrimination in employment relationships. The article discusses the conditions of legality of a dismissal decision leading to the termination of employment, as well as the accepted motivation, with reference to opinions in legal doctrine and practice.
5
Prasolova, I., and D. Statsenko. "The problems of representation of an employer — individual." Voprosy trudovogo prava (Labor law issues), no. 12 (December 1, 2020): 12–18. http://dx.doi.org/10.33920/pol-2-2012-02.
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Currently, labor relations with the participation of employers — individuals are widespread. In this regard, the legal status of such an employer and the possibilities of representation in labor relations with his participation are of particular interest. In the article, the authors analyze some questions of representation of the employer — an individual, both having the status of an individual entrepreneur and without it; problematic aspects of the termination of labor relations with the participation of an employer — an individual entrepreneur in the event of his death. Ways have been proposed to improve the labour legislation of the Russian Federation in order to more fully regulate the legal status of the employer — an individual, as well as the direction of the development of law enforcement practice.
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Шишко, Георгий, George Shishko, Анжелика Ясинская-Казаченко, and Angelica Yasinskaya-Kazachenko. "Procedural and process mechanism for the implementation of norms in the resolution of collective labour disputes in the." Advances in Law Studies 1, no. 1 (May 23, 2013): 0. http://dx.doi.org/10.12737/400.
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Accurately installed procedural and process mechanism of realization of norms is necessary for achievement of expected result at permission of collective labour disputes, in this regard in article various approaches of scientists to concept of process and procedure are considered. The axiom of procedural legal relationship on permission of collective labour disputes is allocated. As a scientific hypothesis authors make offers concerning an integration of universal legal procedures properly in the form of serving norms in legal relationship about individual and collective labour disputes.
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Obukhova, Galina. "Analysis of Procedural Rules in Individual Institutions Labour Law." Herald of Omsk University. Series: Law 17, no. 3 (October 19, 2020): 68–77. http://dx.doi.org/10.24147/1990-5173.2020.17(3).68-77.
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Introduction. The article deals with procedural and procedural rules of certain institutions of labor law,
which contain rules that define the special rights and obligations of subjects, fixing their social and labor rights
and interests. The author substantiates the need for detailed regulation of the procedure for implementing such
norms, since the sequence of their application and compliance directly affect the normal development of labor
relations. Purpose. The purpose of this work is a comprehensive analysis of procedural and procedural rules of
labor law based on the study, analysis and generalization of the scientific base, current legislation and practice
of its application. Methodology. In the process of achieving the goal and solving the set tasks, the general
scientific dialectical method of cognition, as well as logical, system, historical, comparative legal and formal
legal methods were used. Results. In the course of the research, we come to the conclusion that some
procedural rules of certain institutions of labor law have numerous gaps and often in relation to the process or
production, we are always talking only about legal activity. The implementation of almost all substantive rules
requires procedures or, in other words, procedural rules. Conclusion. Procedural and legal norms are a
relatively independent element of the mechanism of legal regulation of labor relations. The official application of
any substantive law should be carried out in a specific procedure, which distinguishes the subject of the
enforcement order of its work and relationship with the requiring party, the right of appeal against
enforcement, etc. All require further elaboration and regulation.
8
Verge, Pierre. "Vision d'une révision du Code du travail." Les Cahiers de droit 20, no. 4 (April 12, 2005): 901–34. http://dx.doi.org/10.7202/042351ar.
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Would a codification of labour law — in the Continental meaning of the word, and not a mere consolidation of existing statutes — enhance the development of this field of law ? Would the resulting instrument be likely to generate more appropriate ways of dealing with labour situations, whether or not they pertain to a collective bargaining context ? Adjective as well as substantive law would have to be involved in such an exercise. The latter aspect raises the fundamental issue of the proper relationship between the general law — civil law essentially — and labour law. What degree of autonomy is necessary to the integrity of the specialized law ? Conversely, to what extent is the general law to be relied upon to provide the necessary second-line set of legal provisions ? For instance, the two sets of legal rules entertain different views as to the termination of the employment relationship and as to the effect of a collective agreement. A well-integrated body of labour law should, in the author's opinion, govern comprehensively labour situation. The codifying process would also aim at eliminating internal discrepancies and a simpler, more accessible legal subsystem would emerge. As to the adjective aspects of labour law, the identification of desirable forms of third-party intervention relating to both collective bargaining and labour standards legislation could lead to appropriate jurisdictional arrangements. In the case of industrial conflicts, of particular interest are the flexible powers of intervention with which the Canada and British Columbia labour boards are endowed. Consideration should also be paid to certain European models — namely the Conseil de prud'hommes — which allow both conciliation and adjudication to take place in the solving of normative law conflicts of application. A full-fledged Labour Code would indeed invite the setting up of a more authentic Labour Court.
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Senčur Peček, Darja, Sandra Laleta, and Karla Kotulovski. "Ugovorni odnosi u vezi s privremenim agencijskim radom." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 40, no. 3 (2020): 1101–27. http://dx.doi.org/10.30925/zpfsr.40.3.6.
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This article analyses the contractual relationships concerning temporary agency work: specificities of the employment contract between the agency (as an employer) and worker; contractual relationship between agency and the user undertaking and the factual relationship between the user and agency workers. Concerning the employment relationship between the agency and worker, the analysis focuses on the fact that only legal subject that fulfils specific conditions can operate as an agency; further, on the duration of the employment relationship, the workplace, rights and the termination of the employment relationship. Despite the fact that the agency and the user conclude the commercial contract, those contractual parties are limited by the labour law rules that are the object of the analysis in this article. Thirdly, the article deals with the relationship between the agency worker and user, that is not formalized by the conclusion of the contract, but regulated by the labour legislation, that prescribes the workers’ rights and its impact on the user’s stable workers’ rights. The authors analyse the mentioned contractual relationships as regulated in Croatian and Slovenian labour law, as well as by EU law, giving the examples of good practice used in some European countries.
10
LETOVA, NATALIA. "FEATURES OF THE LEGAL STATUS OF A CHILD IN LABOR RELATIONS, PROTECTION OF LABOR RIGHTS OF MINORS AND THE LIMITS OF THEIR IMPLEMENTATION." Economic Problems and Legal Practice 17, no. 4 (August 28, 2021): 121–28. http://dx.doi.org/10.33693/2541-8025-2021-17-4-121-128.
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The article deals with the problems of determining the legal status of a child in the field of labor relations. The author came to the conclusion that the specifics of the legal status of children when concluding, changing and terminating an employment contract with an employer is of great theoretical importance and should be taken into account in the content of industry-specific norms. The author of the article proves that the relationship between the physiological characteristics of a child and the type of work he performs is important for protecting the labor rights of minors, identifies the main trends in the development of labor legislation in the field of labor protection for children, identifies the problems of legislative regulation of child labor in modern Russia. When writing the article, the following methods were used: synthesis, analysis, the method of comparative jurisprudence, etc. The practical significance of the work lies in the need to take into account the specifics of the legal status of the child in the field of labor relations, in the analysis of the legal regulation of the labor of this category of persons not only in Russia, but throughout the world, the problems of child labor in individual states are systematized and ways to solve them are proposed. As a result of the study, the author determined that the work of children differs in its regulation, scope of rights, a number of restrictions on their employment, in contrast to adult workers. In the modern period, the sphere of child labor requires special attention from the state and requires the adoption of appropriate decisions at the legislative level.
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Ochieng, Olayo, and Lewis Kamau. "EXAMINING APPLICATION OF PSYCHOLOGICAL CONTRACT IN ADMINSTERING JUSTICE IN LABOUR COURTS IN KENYA." International Journal of Law and Policy 7, no. 1 (April 6, 2022): 1–16. http://dx.doi.org/10.47604/ijlp.1504.
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Purpose: The main objective of this study was to establish whether psychological contract can be applied by the courts in case of unfair termination of employment.
Methodology: The study used exploratory research design to establish whether psychological contract can be applied by the courts in case of unfair termination of employment. The study analyzed psychological contract theory from a legal perspective and how human resource practitioners, advocates and judges can incorporate it in court cases. The study used exploratory research since it intends merely to explore the research questions and does not intend to offer final and conclusive solutions to existing problems. This is because the concept has not been clearly defined yet. However, the study helps us to have a better understanding of the problem. The study relied on decided court cases, journal articles and publications and books.
Results: The study found that psychological contract breaches occur when an employee perceives that an organization has failed to meet its obligation to the employee. When the breach occurs it affects the employee contribution in three forms; performance, civic virtue and intention to remain in the organization. The legal employment contract does not embrace the principles of contract law such as consideration.
Unique contribution to theory, practice and policy: The legal employment contract does not embrace the principles of contract law such as consideration. The employee does not dictate the terms of the contract. Therefore, there is need to consider psychological contract theory as an input to understanding contemporary labour practices. This is because psychological contract brings in a unique way of interpreting an employment contract, understanding employment relationship and the need for policy reforms.
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Nasalevich, Tatiana S. "PROCEDURES IN THE SCIENCE OF LABOUR LAW." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 38 (2020): 143–52. http://dx.doi.org/10.17223/22253513/38/14.
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The science of labour law distinguishes, among others, between procedural rules of law. According to labour scientists, procedural rules streamline, ensure and guarantee the process of implementing the substantive norms of labour law and determine the procedure for the activities of subjects to enforce the rights and obligations enshrined in the regulatory substan-tive norms. The subject of legal regulation is the activity of creating substantive norms of labour law and ensuring their implementation, as well as the activity of non-jurisdictional bodies involved in resolving individual and collective labour disputes. The definitions of procedural norms proposed by several authors ultimately boil down to the process of implementing the legal norm. It is therefore difficult to agree that procedural norms are a separate kind of legal norm. The separation of procedural norms is unlikely to be justified simply because any norm of labour law cannot be understood, let alone implemented, in isolation from the procedure for its application. Since the separation of procedural norms is questionable, the theory of the autonomy of labour procedural law cannot be justified. The features of the procedural rules of labour law reflected in scientific research are the features of the procedures of labour law. Procedures of labour law are part of the logical norm and are contained in its disposition. Procedures of labour law are the legal means of imple-menting substantive or procedural norms of labour law and their main objective is to maintain the law and order in the company (or individual employer). As an integral part of the rule of law and part of the mechanism of legal regulation, the procedure ensures its effectiveness. The more detailed the procedure in the rule of law is, the fewer disputes arise between the parties to the employment relationship, which has a positive impact on the results of law enforcement. Legal provisions "need" procedures for the imple-mentation of legal provisions, because it is the procedures that "animate" the provision and allow it to achieve the desired result.
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Žnidaršič Skubic, Viktorija. "Some Regulatory Dilemmas of Artificial Termination of Pregnancy in Slovenian and Comparative Law." Medicine, Law & Society 10, no. 2 (October 25, 2017): 165–82. http://dx.doi.org/10.18690/2463-7955.10.2.165-182.2017.
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The article deals with the issue of the artificial termination of pregnancy through the prism of, typically, conflicting relations between the subjects involved and their interests. It specifically addresses the most contentious and morally-ethically as well as legally complicated relationship between the pregnant woman (the future mother) and the embryo or pre-embryo. The article explains the positions of legal theory and jurisprudence in Slovenia and abroad regarding the status of an embryo as a legal person. The authoress moreover touches the question of legal status of the (potential future) father of such an embryo and presents regulations dealing with artificial termination of pregnancy in domestic and comparative law. Through a schematic summary of typical characteristics of such regulations around the world, which greatly differs in details, the author highlights their basic characteristics as well as individual trends in the field.
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Ananiev, Andrey G. "About the Legal Nature of the Termination of Obligation in the Context of Modern Legislation." Russian Journal of Legal Studies (Moscow) 8, no. 4 (January 18, 2022): 9–16. http://dx.doi.org/10.17816/rjls65039.
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In this article, the author proposes a concept for understanding the termination of a civil obligation in the context of modern legislation. The study aimed to build a doctrine on the concept of the legal nature of the termination of obligations in the context of modern domestic legislation. To solve this, the study analyzed the available theoretical approaches, set out in theoretical studies and educational literature on determining the termination of an obligation. It further analyzed law enforcement practices to determine the answer to the question posed, as well as generalization and systematization of the data obtained. To solve the set tasks, the author analyzed the available approaches to understanding the termination of obligations. The paper presents the results of the research performed, based on the analysis of the current rules of civil legislation, aimed at regulating the issues of termination of obligations through the concept of existing legal links between the elements of the corresponding obligation relationship. The methodological basis of the research is the method of analysis, the sequential study of individual aspects, and the synthesis of the results obtained, integrating them into a single whole. The structural basis of the study is made up of aspects of law enforcement practice, in order to establish through them the desired concept, the study of the Soviet and sovereign civilian array, substantiating individual provisions of the declared topic, and building a general picture based on the results of a generalized analysis of the material presented. The study made it possible to conclude that when a civil obligations structure is destroyed, due to the interruption of legal ties between any of the elements, which constitutes the legal nature of the phenomenon under consideration, the obligation is terminated by operation of law.
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Calitz, K. "Globalisation, the Development of Constitutionalism and the Individual Employee." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 10, no. 2 (July 4, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2007/v10i2a2805.
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Summary To establish which legal system will govern the relationship between parties involved in an international employment contract, the rules of private international law (or conflict of laws) must be applied. Each country has its own rules of private international law and each country’s courts will apply its own rules if the court is seized with a matter that involves foreign elements. There may be conflict between the potentially applicable legal systems of countries in terms of the level of protection afforded to employees who are parties to international employment contracts. South Africa has constitutionalised the right to fair labour practices and the question is whether this right is applicable to South African employees working in other countries, or to foreigners working in South Africa who originate from countries where this right is not protected. The answer to this question is to be found in the influence of the Constitution on the rules of private international law as applied by South African courts. It is evident from recent judgments of the Labour Court that the Court will readily assume jurisdiction and will furthermore readily hold that the proper law of the contract is South African law in order to protect the constitutional rights of employees involved in international employment contracts. Had the Labour Court held that the place of performance was still the decisive connecting factor, (as previously decided in most South African cases on thisaspect) the law of the other countries involved in the international employment relationship could have left employees in a worse position than under South African law. This possibility seems to be one of the important underlying reasons for the Labour Court’s willingness to assume jurisdiction and to hold that the proper law was in fact South African law. In the globalisation context the Labour Court has contributed to the advancement of constitutionalism by developing South Africa’s common law rules of private international law to afford constitutional protection to employees involved in international employment contracts.
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ZAITCEVA, LARISA V., and TATYANA V. LUZINA. "LABOR LEGISLATION AS A TOOL FOR ENSURING MIGRATION SAFETY." Proceedings of the Institute of State and Law of the RAS 14, no. 5 (December 12, 2019): 168–95. http://dx.doi.org/10.35427/2073-4522-2019-14-5-zaitceva-luzina.
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The labor legislation may have an impact on the level of migration safety in the country. On the one hand, it provides conditions for improvement of the labor force mobility domestically through the establishment of guarantees and compensations due to relocation to another region. On the other hand, the labor legislation ensures control over legal external labor migration and protects internal labor market against illegal migrants and social damping in respect of labor conditions through the establishment of special diferentiation of legal regulation of labor of foreign citizens and individuals without citizenship.Russia demonstrates a traditionally low level of internal labor mobility, the fact that results in preservation of localization of regional labor markets and prevents from efficient usage of labor force. The main challenges in this area are the matters related to provision of housing for displaced persons which is beyond the scope of regulation by the labor legislation.The legal instruments ensuring the exercise of temporary internal labor mi gra-tion are associated with such forms of labor organization as work on a rotational basis, seasonal work, and outstaffing. Remote working can be roughly attributed to such forms.In the Russian Federation citizens still face an employment problem if they do not have registration at their place of residence. The regulations of the labor legislation on prohibition of discrimination, inter alia, based upon place of residence, availability or lack of registration at one’s place of residence as well as regulations on administrative liability for the respective acts serve as sufficient legal remedies against illegal refusal to recruit. The problems of efficiency of such remedies are to a large extent linked to procedural aspects — dissemination of general rules for the shared burden of proof on disputes on discrimination in labor sector.The issues of external migration are governed primarily by the standards of ad mi nistrative law. The labor legislation regulates labor relationships with the participation of foreign citizens and individuals without citizenship and establishes features for regulation of their labor not forming discrimination. Along with this, there are problems to be resolved. The following can be identified. The regulations of the Labor Code of RF governing features for temporary transfer of foreign employees and the related additional grounds for termination of labor contract bring instability into such labor relationships and provide a context for abuses on the part of employer. Regardless the fact that the legislation doesn’t prohibit remote working for foreign citizens, the Ministry of Labor and Social Security of RF considers it impossible to conclude an employment contract on remote working with a foreign employee residing abroad. Moreover, the Russian legislation doesn’t provide for a possibility to conclude an employment contact in the languages of both parties as stipulated in Guidelines No.86 of the International Labor Organization "On migrant workers" (revised in 1949).It is necessary to continue improving the labor legislation for the purposes of facilitating internal labor mobility, protecting employees against discrimination and malpractices of socio-labor damping.
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Andrianovskaya, I. I. "Basic principles of labour law: history and modernity." Voprosy trudovogo prava (Labor law issues), no. 3 (March 23, 2021): 172–81. http://dx.doi.org/10.33920/pol-2-2103-02.
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The proposed article deals with the basic principles of labour law, which are the basis of labour law. An analysis of the principles first formulated in the legal literature, to one extent or another subsequently accepted by the science of labor law, which found legal fixation in the labor code of the Russian Federation, was carried out. Based on the analysis of the content of individual continuity and new principles of labor law, their relationship is shown, the preservation of continuity elements during updating. Some inaccuracies made by the legislator when forming a list of modern principles of labor law are shown. To eliminate them, it was proposed to amend Art. 2 of the Labor Code of the Russian Federation.
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Brameshuber, Elisabeth. "The ‘personal work relationship’ in Austria." European Labour Law Journal 10, no. 3 (September 2019): 187–97. http://dx.doi.org/10.1177/2031952519865390.
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When assessing the personal work relationship in Austria, first the contractual relationship needs to be scrutinised. Following the differentiation between employees, semi-dependent workers (with the sub-category of employee-like working persons) and businesspersons, all, only some, or none, of the statutes and laws falling under the category of ‘individual labour law’ (e.g. Working Hours Act, Holidays Act etc) apply. Collective bargaining agreements, providing, amongst others, for minimum wages (N.B. there is no statutory minimum wage in Austria), can be concluded for employees only, though (with very few and specific exceptions for persons in the media sector). This paper analyses the legal situations of the different categories of working persons and critically assesses the non-application of most labour laws, including collective bargaining agreements, to employee-like working persons. It questions whether, from a teleological point of view, a different assessment would be necessary.
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Kullmann, Miriam. "Work-related Securities: An Alternative Approach to Protect the Workforce?" International Journal of Comparative Labour Law and Industrial Relations 34, Issue 4 (December 1, 2018): 395–412. http://dx.doi.org/10.54648/ijcl2018018.
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As a result of flexibilization, many workers are exposed to increased insecurity with regard to job tenure, decent income and employability, finding themselves in precarious situations and experiencing economic and social inequality. The contract of employment is – still – the main entrance ticket to labour protection. Since an increasing number of workers are not employed in a standard employment relationship and hence are not or are insufficiently protected, this raises the question of whether the employment contract, the key institution connecting labour law, social security and pension law, can still be seen as the norm. The question arises as to how these workers should be protected. Excluding workers from the benefits of labour law merely because a work relationship does not qualify as an employment relationship – with the legal form of the employment contract – does not seem to be compelling. This article explores whether there is an alternative to the existing test of whether an individual has an employment relationship: a workrelated securities approach that would grant all workers regardless of the legal classification of their relationship certain rights depending on the insecurities attached to their particular jobs. This approach would have the advantage of preserving the diverse forms of work while focusing on improving the quality of work and the protection of the workforce.
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Kryvoi, Yaraslau. "Discrimination and Security of Employment in a Post-Soviet Context." International Journal of Comparative Labour Law and Industrial Relations 22, Issue 1 (March 1, 2006): 5–17. http://dx.doi.org/10.54648/ijcl2006002.
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Abstract: This paper analyses the problems of equal treatment and discrimination in Belarus in the legal, historical and political context. While the main labour laws in Belarus concerning equal treatment appear to comply with its international obligations, in the absence of an independent judiciary and basic civil liberties, law enforcement remains a problem. The author argues that the Soviet legacy of industrial relations and the legal nihilism of that era have been taken by Belarusian authorities as a model for their policies: most unions are not independent but are controlled by the government and there is widespread discrimination against opposition activists and independent trade-union leaders. A key part of this picture is the transfer of employees to fixed-term contracts, very often concluded for one-year periods: as a result, workers are deprived of the most important legal guarantees relating to the termination of employment and non-discrimination. In his concluding remarks, the author underlines the close relationship between security of employment and discrimination in the workplace in Belarus.
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Yun, Aelim. "Reconstructing Labour Law Actors beyond Employment." International Journal of Comparative Labour Law and Industrial Relations 34, Issue 4 (December 1, 2018): 435–56. http://dx.doi.org/10.54648/ijcl2018020.
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This article argues that the nature of precarious work can be grasped as the disintegration of the employment relationship which was a historical compromise concerning the distribution of cost and risks between capital and labour, in particular, along Fordist corporate boundaries, while analysing how the formal-and-informal division of labour has changed, corresponding to the change of power relations between labour and capital, focusing on Korean cases. Many legal systems fail to identify who should take responsibility for workers’ rights, by viewing individual corporate entities separately. However, labour law actors – the ‘worker’ and the ‘employer’- should be identified not in a single workplace but with reference to the whole value chain and labour market. In conclusion, it is argued that it is essential to enlarge collective labour rights, and in particular, to secure freedom of association for precarious workers beyondemployment boundaries.
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Gotthardt, Michael. "Effective enforcement of EU labour law: A comparative example." European Labour Law Journal 11, no. 4 (March 4, 2020): 403–12. http://dx.doi.org/10.1177/2031952520905385.
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The article looks at the outcome of the two legal proceedings in the Schüth and IR cases. In both cases employees of the Catholic Church – a choirmaster and organist in a Catholic parish and a trained physician working as Head of the Internal Medicine Department of a Catholic hospital - were dismissed because of the violation of the Basic Regulations on Employment Relationships in the Service of the Church. In the Schüth case Article 8 of the European Convention on Human Rights (ECHR), which protects the right to private and family life, had been violated. In the IR case the Charter of Fundamental Rights of the European Union and the Directive establishing a general framework for equal treatment in employment and occupation were applicable. The dismissal in IR was held to be unequal treatment in employment. But the outcome of both cases was very different. We find that Union law and in particular Article 47 of the Charter of Fundamental Rights of the European Union makes all the difference. In the Schüth case, the employment relationship was terminated and the claimant’s only consolation was a claim for damages from the State. In the IR case, on the other hand, the termination was declared invalid and the employment relationship continued, i.e. the head physician did not lose his job. The comparison of the cases demonstrates that European law, backed by Article 47 of the Charter of Fundamental Rights of the European Union, has not only permeated procedural law, it has also led to an increase in judicial reviews of substantive law which in the application of Union law is a far cry from a mere plausibility review.
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Collins, Philippa. "Square peg versus a round hole? The Necessity of a Bill of Rights for Workers." European Labour Law Journal 11, no. 2 (May 5, 2020): 199–224. http://dx.doi.org/10.1177/2031952520921879.
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The exercise of human rights is put at risk by the creation, conduct, and termination of employment relationships. For this reason, we often find that fundamental rights arguments are invoked in disputes between employers and workers and the mechanisms of labour and employment law are pressed to vindicate those rights through a process of ‘constitutionalisation’. Notably, the European Convention on Human Rights, through the doctrine of positive obligations, places important demands upon national legal systems, their legislators and their judges, to protect the rights of individuals against other private parties. Taking the law of dismissal in England & Wales as an illustrative example, this article argues that the current approach to safeguarding workers’ rights and complying with the Convention’s positive obligations is inadequate. Making adjustments to the existing structure of employment rights will always be insufficiently radical as those structures are ill-suited to performing this function, their limitations are systemic and furthermore the judiciary is unwilling to disrupt the established analytical approach. Instead, I propose and detail an alternative solution: introducing a Bill of Rights that would render the rights of the European Convention enforceable between worker and employer.
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Nenu, Carmen-Constantina. "REFLECTIONS ON WORKING TIME - AN ESSENTIAL ELEMENT OF THE INDIVIDUAL EMPLOYMENT CONTRACT." Agora International Journal of Juridical Sciences 8, no. 2 (June 24, 2014): 50–55. http://dx.doi.org/10.15837/aijjs.v8i2.1191.
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Conducting work within a specified number of hours and according to a certain programis a defining feature of the individual labour contract, one of the criteria for differentiating itfrom civil or commercial legal relationships with a similar object. Considering thesecharacteristics of the employment contract, it is particularly important to analyze the legalframework to determine whether the current statutory regulation of international and Europeanlevel is respected by the national law. It is equally important to identify the main lines of action,so as to create a balance between capital positions represented by the employer and labourrepresented by the employee, within the individual employment relationship.
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Kozhevnikov, Vladimir V. "THE PROBLEM OF THE RELATIONSHIP BETWEEN LOCAL LAW AND CORPORATE LAW." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 39 (2021): 26–47. http://dx.doi.org/10.17223/22253513/39/3.
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This research article, as the title suggests, is devoted to the general theoretical problem of the relationship between local legal norms and corporate norms. In the conditional first part of the study, local law norms are analysed, including from a historical perspective. Noting that the problem of local regulation has been the focus of attention of Soviet scientists (N.G. Ale-xandrov, R.I. Kondratyev, S.S. Karinsky, F.M. Leviant, L.I. Antonova), it is emphasized that local acts were originally understood as the result of rulemaking organizations, enterprises, institutions in the field of labour relations. An analysis of modern legal educational literature shows that scientists, when classifying the norms of law, either do not mention the existence of local norms of law at all, or show insufficient attention to their analysis, limiting them-selves to a few phrases. In doing so, authors often unreasonably fail to distinguish between local and departmental legal regulation or local and local legal regulation. Analyzing the types and essential features of local legal acts: their volitional content, intra-organizational character, bylaw nature, dynamism and stability, multiple application, duration of existence, compulsory for the addressees of norms, maintaining by the coercive power of the state, the author rightly states that all local acts arise by direct instruction of law, indicating that on a given issue This assertion is supported by examples of labour law and education law. By focusing on local labour law norms, the necessity of their adoption is justi-fied, and mandatory local law norms are analysed. It is thought that one of the current problems concerning local rules of law is their rela-tionship to corporate rules. It is the fact that many authors unreasonably refer to the norms of individual state organisations, i.e. local norms of law, as corporate norms. The author takes the position that corporate norms are rules of conduct established and provided by non-state organizations (political parties, public organizations, non-state institutions and enterprises, etc.) and apply to their members; they are contained in the statutes, regulations and other regulations of non-state organizations and determine the formation of these organizations, their structure, competence, rights, duties and responsibilities of their members. Moreover, the paper defends the view that corporate norms include, first, non-social cor-porate norms: technical norms; sanitary and hygienic norms; physiological norms; biological norms; second, social corporate norms: corporate customs, traditions, aesthetic, business customs, legal norms. In conclusion, it is argued that, although both local legal norms and corporate norms are intra-organisational in nature, they should be distinguished. Moreover, corporate norms, which have both technical and social aspects, should also be seen as having a legal aspect, implying the presence of corporate law norms.
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ABUSHENKO, D. B. "CIVIL-LAW SET-OFF AND SET-OFF MADE WHEN THE COURT SATISFIES COUNTERCLAIMS AND INITIAL CLAIMS: THEORETICAL REFLECTIONS ON THE SIMILARITIES AND DIFFERENCES OF LEGAL INSTITUTIONS (continuation)." Herald of Civil Procedure 11, no. 2 (June 30, 2021): 26–49. http://dx.doi.org/10.24031/2226-0781-2021-11-2-26-49.
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In the article, the author continues to distinguish between the civil-legal set-off and the set-off made when the court satisfies the counterclaim and initial claims. As a criterion, recognition is taken as an act of will, coming respectively from the compensator (the person to whom the statement of set-off is addressed) and the defendant in the counterclaim. Judicial and non-judicial confessions are analyzed. With regard to judicial recognition, the conclusion is justified that, depending on the type of process and the existence of rules on mandatory professional judicial representation, it will be either ordinary evidence or a basis for exemption from proof, and in some cases also entail certain substantive consequences. Individual cases of so-called qualified recognition are considered (discrepancy in quantitative characteristics; discrepancy in relation to the subject or object of the legal relationship; recognition of another legal relationship; notification to the court of two or more facts, some of which correspond to the interests of the procedural opponent, and the other part – to the interests of the recognizer; discrepancy in the qualification of legal consequences; recognition of the fact of termination of claims with the reservation that they were subsequently restored on the basis of the realized secondary right).
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Tomanek, Artur. "THE FREEDOM OF CONTRACT AND ADDITIONAL CONTRACTS OF THE PARTIES TO THE EMPLOYMENT RELATIONSHIP." Roczniki Administracji i Prawa specjalny, no. XXI (December 30, 2021): 427–41. http://dx.doi.org/10.5604/01.3001.0015.6151.
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The issue of freedom of contract in the individual labour law is discussed in this text taking into account the additional conctracts, concluded by the employer and the employee in addition to the primary contract (i.e. employment contract). The scope of freedom of contract which is construed in the relation to the additional contracts shows deviations from the basic model. The main difference is the recognition of the rule of numerus apertus (as opposed to numerus clausus rule) of additional conctracts. The specifity of additional contracts extends the freedom of parties of an employment relationship to form the content of that legal relationship. This, however, does not prejudge a question of a regulatory model of the above-mentioned freedom.
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Kalinowski, Marek, and Ewa Prejs. "Developing the Concept of a Tax Law Relationship – Assumptions Concerning Scientific Research on this Issue." Financial Law Review, no. 24 (4) (December 30, 2021): 102–21. http://dx.doi.org/10.4467/22996834flr.21.035.15402.
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The concept of legal relationship is a tool that lawyers use to describe the legal situation in which entities find themselves due to applicable legal norms. It is therefore a tool for practical analysis of legal norms. The concept of a legal relationship and other legal concepts related to it are used by a lawyer to determine what rights and obligations a particular entity has in a given legal system in relation to the situation of another entity. In other words, it serves to describe the interdependence of the legal situation of entities due to applicable legal norms. Analysis of the legal relationship and related concepts are also useful for researching the behavior of some entities towards others due to applicable legal norms. The concept of legal relationship and the concepts associated with it are therefore a tool for analyzing law in action, thanks to which it is possible to solve a number of legal problems arising in the practice of applying law. It is important for those branches of law in which there are correlations between legal situations of entities of these branches of law. Therefore, it is also important for the tax law and tax research, in which there are relations between the state and taxpayers and other entities of tax law. Although from the most general point of view the structure of the legal relationship may seem to be very similar, however, legal relations in particular branches of law have their own characteristics. This diversity results from the fact that the content of elements determining specific legal relations in these branches of law is different, such as: the subject of the law, facts causing the creation and termination of the legal relationship as well as the content of the rights and obligations of the parties to this relationship. Research on these elements of the legal relationship allows to achieve specific theoretical and practical goals. Due to the fact that they are embedded in applicable law, they allow to build a model of legal relationship, which becomes a tool for practical analysis of applicable law. Secondly, their study allows to deepen knowledge of the characteristics of individual elements of this relationship, such as the subjects of this right. Thanks to this, it is possible to decide what features an entity should have to be able to become the owner of the rights or obligations of a given branch of law, including tax law. The structure of subjectivity in this branch of law is significantly different from the legal subjectivity of civil law. They also allow to catch the relationships between individual rights and individual rights and obligations regulated in a given branch of law. Finally, they allow to understand the premises that give rise to the rights and obligations incumbent on the subjects of a given branch of law. This in turn allows for an in-depth analysis of the tax law norms themselves, as well as views on individual institutions of this law and their critical analysis, as well as a critical analysis of the views of case law on these legal institutions. In the field of tax law science of various countries, models of a tax law relationship have been already created, which allow ordering and analysis of tax law norms. However, many other countries as the Polish tax law science did not pay much attention to this issue of tax law. Therefore, in many countries the most general model of tax law relationship created by the theory of law is used. The same has happened in Polish tax law science. However, this is an insufficient model, as it requires taking into account the state of tax legislation and the specifics of its regulations. Hence, considerations of tax law doctrine’s sometimes lack consistency due to the lack of an appropriate research tool in the form of a tax law relationship model. They also often conflict with each other, because the starting points for the analyses are different. Therefore, further research on tax law relationship is necessary in this field. This paper presents the assumptions concerning scientific research on developing the concept of a tax law relationship.
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Lagutina, I. V. "ELECTRONIC LABOUR BOOKS AND DATA PROTECTION." Наукові праці Національного університету “Одеська юридична академія” 28, no. 29 (January 26, 2022): 129–35. http://dx.doi.org/10.32837/npnuola.v28i29.725.
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Lagutina I. V. Electronic labour book and data protection. – Article. The article considers the protection of personal data as a modern and active law that provides a system of checks and balances to protect the individual if his personal data is processed. Data processing must meet the basic requirements of personal data protection, namely independent control and respect for the rights of the personal data subject. The development of legislation on personal data protection has been marked by a significant expansion of the rights of their subjects and the legal regulation of all transactions with information from collection to destruction. With the adoption of the Law of Ukraine “On Personal Data Protection” of June 1, 2010, a regulatory framework for the protection of personal data in national legal practice was created. It is emphasized that the right to protection of personal data is not absolute; it may be restricted as necessary to satisfy the general interest or to protect the rights and freedoms of others. The right to data protection is often interlinked with other rights, such as freedom of expression and the right to receive and impart information. Any type of information can be personal data, provided that the information relates to an identified person or a person who can be identified. Personal data are processed legally if they meet one of the following criteria: processing is carried out with the consent of the personal data subject; data processing is required by contractual relationship; data processing is necessary for the controller to comply with a legal obligation; data processing is required to comply with the vital interests of personal data subjects or others; data processing is necessary to perform the task in the public interest; the legitimate interests of the controllers or other persons are the basis for processing, but only if they are not outweighed by the interests or fundamental rights of the data subjects. It is necessary to develop a sectoral mechanism for the protection of personal data of employees under labour legislation of Ukraine, as the Law of Ukraine “On Personal Data Protection” does not take into account the peculiarities of personal data protection of employees as subjects of labour relations.
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LYSKO, Tetiana. "Protection of the labor rights, freedoms and social interests in the criminal law: experience of foreign countries." Economics. Finances. Law, no. 5/2 (May 29, 2020): 32–35. http://dx.doi.org/10.37634/efp.2020.5(2).6.
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The analysis of certain points of the criminal legislation of the foreign countries, which provide protection of labour rights, freedoms and social interests, is made in the paper with the help of comparative legal analysis. Despite the quite wide legal regulation of labour relations in all countries in the world, the special criminal law protection of labour rights has remained a feature of "eastern" countries of the continental family of law mainly, the so-called post-socialist family of law. The analysis of criminal legislation of foreign countries regarding criminalization of the violation of labour rights of a person is conducted in the paper. Comparative-legal analysis allows defining general approaches to formation of labour rights of employees, including in the sphere of contractual relationship. The most similar and corresponding to the national criminal legislature are the Criminal codes of Spain an Polish Republic, which establish criminal liability for violation of not only labour legislation in force, but also conditions of individual labour acts (agreements, contracts etc.). It is stated in the text that the protection of labour rights in the modern legislation of foreign countries often has fragmentary, unsystematic nature. The violation of labour safety rules is most often regulated in the criminal legislation of foreign countries. Other types of violation of the labour legislation are regulated with arbitration under administrative or civil legislation. The drawbacks of the fatherland`s legislation are mentioned and the main positive improvements in this sphere after adoption of the Criminal Code of Ukraine in 2001 are emphasized. It was made the conclusion that the list of crimes against labour rights, which are provided by modern criminal legislations, is strong enough and has specific features. The list mentioned above could be the target for improving Ukrainian criminal legislation in certain cases. Therewith it is important to remember that formation of the legislation in the sphere of the protection of labour rights, freedoms and social interests directly depends on the development of the regulatory legislation. It is the clarity and certainty of blanket norms that will become the fundamental basis for the formation of effective criminal law protection of labour rights, freedoms and interests.
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Bormann, Sven-Kristjan, Svetlana Ridala, and Ott-Siim Toomet. "Language skills in an ethnically segmented labour market: Estonia 1989–2012." International Journal of Manpower 40, no. 2 (May 7, 2019): 304–27. http://dx.doi.org/10.1108/ijm-06-2017-0115.
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Purpose The purpose of this paper is to analyse the relationship between skills in the Estonian, Russian and English language, and labour market outcomes in Estonia, a linguistically divided country. Design/methodology/approach The authors use the Estonian Labour Force Surveys 1992–2012. The authors rely on multivariate linear regression models to document the relationship between language skills and labour market outcomes. Findings Estonian language knowledge (for ethnic Russians) are important determinants of unemployment. Wage, in contrary, is closely related to English skills. Ethnic Russian men do not earn any premium from speaking Estonian, while women, fluent in Estonian earn approximately 10 per cent more. For ethnic Estonians, Russian fluency is associated with a similar income gain. Research limitations/implications Due to the observational nature of the data, the effects reported in this study are not causal effects. As a second limitation, the self-reported language skills data may be imprecise and hence the effects the authors report may be too small. Practical implications The results stress the role of workplace segregation, both along gender and ethnic lines, in determining the individual labour market experience. Originality/value The authors provide a comprehensive overview of the effects of language skills in a rapidly developing labour market in a linguistically divided economy. The authors analyse several languages with different legal status and document long-term trends in the effects.
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Shakhnazarov, B. A. "The System of Legal Regulation of Cross-Border Relations in the Field of Industrial Property: Terminological Aspects." Actual Problems of Russian Law 16, no. 7 (July 30, 2021): 110–24. http://dx.doi.org/10.17803/1994-1471.2021.128.7.110-124.
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The paper discusses the terminological aspects of the system of legal regulation of cross-border relations in the field of industrial property. The use of the term “cross-border relations” does not in itself imply the overcoming of the territorial principle of industrial property protection. Transboundariness as a characteristic of private-law relations, which presupposes a complication of the relationship by a foreign element, means the presence of any connection between the relationship (through a subject or legal fact in the case of cross-border relations in the field of industrial property) with the legal order of several states. It is proposed to define industrial property as rights (exclusive and personal non-property) related to intellectual property in the production-technical and production-trade areas. The system of legal regulation of cross-border relations in the field of industrial property is defined by the author as a coherent group of norms consisting of interrelated and interdependent principles of protection of industrial property (universal, general object and special object), other international and national substantive legal and national conflict-of-laws norms subordinate to these principles, as well as individual norms of non-state nature, subordinate to all the specified legal norms, regulating relations complicated by a foreign element regarding the emergence, use, transfer, restriction, termination, protection of rights to industrial property. In this case, a foreign element in a legal relationship can be represented by the subject, as well as by a legal fact: the place of violation of the right to the industrial property object, the place of execution of the formalities necessary for the protection of the industrial property object, as well as the place of occurrence of the consequences of harm caused by the violation of rights to intellectual property object.
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Cerasi, Laura. "From corporatism to the “foundation of labour”: notes on political cultures across Fascist and Republican Italy." Tempo 25, no. 1 (April 2019): 239–55. http://dx.doi.org/10.1590/tem-1980-542x2018v250113.
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Abstract: Until the mid-1930s, corporatism represented the main vehicle of self-representation that fascism gave to its own resolution of the crisis of the modern state; the investment in corporatism involved not only the attempt to build a new institutional architecture that regulated the relations between the State, the individual and society, but also the legal, economic and political debate. However, while the importance of corporatism decreased in the last years of the regime, the labour issue to which it was genetically linked found new impetus. After Liberation Day, the labour issue was not abandoned along with corporatism, but it was laid down in Article 1 of the Constitution. The aim of this paper is to acknowledge the political cultures that in interwar years faced the above-mentioned processes, with particular reference to the fascist “left”, the reformist socialists and, above all, Catholics of different orientations, in order to examine some features of the relationship between the labour issue and statehood across the 20th century.
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Tomanek, Artur. "The Right to Strike and Other Forms of Protest of Persons Performing Gainful Employment Under Civil Law." Acta Universitatis Lodziensis. Folia Iuridica 95 (March 30, 2021): 71–82. http://dx.doi.org/10.18778/0208-6069.95.07.
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This article deals with the issue of extending the right to conduct a collective labour dispute to persons performing paid work under civil law contracts, after the entry into force of the Act of 5 July 2018 amending the Act on Trade Unions and Certain Other Acts (Journal of Laws 2018, item 1608). The author considers the question whether and to what extent the right to strike and to take industrial action, provided for in the Act of 23 May 1991 on Resolution of Collective Disputes (consolidated text: Journal of Laws 2020, item 123), extends to civil lawful contractors. The position is presented that the proper application of the above mentioned law to the indicated circle of work contractors cannot mean the deprivation or limitation of their right to strike and to take industrial action. The solutions implemented by the Polish legislator with regard to persons performing work outside the employment relationship are more advantageous and far-reaching in comparison with the requirements resulting from the international labour law acts binding on Poland. However, there are specific problems with applying to these persons some of the regulations included in the Act on Resolution of Collective Disputes. These problems results from the fact that the individual legal relationship between these persons and the entities employing them is based on the provisions of civil law, and not on the Labour Code.
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Kouta, Christiana, Christalla Pithara, Zoe Apostolidou, Anna Zobnina, Josie Christodoulou, Maria Papadakaki, and Joannes Chliaoutakis. "A Qualitative Study of Female Migrant Domestic Workers’ Experiences of and Responses to Work-Based Sexual Violence in Cyprus." Sexes 2, no. 3 (July 7, 2021): 315–30. http://dx.doi.org/10.3390/sexes2030025.
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Domestic workers face increased risk for sexual harassment and assault in the workplace but are often reluctant to disclose abuse or seek retribution. We report on a study looking at migrant domestic workers’ responses to sexual violence, reasons behind their responses, and factors enhancing or diminishing vulnerability to abuse. We carried out qualitative, in-depth, individual and group interviews with 15 female domestic workers from the Philippines and Sri Lanka working in the Republic of Cyprus. Descriptive thematic analysis was used to analyse data using QSR NVivo 10.0. Sexual violence against migrant domestic workers was reported to be rampant, particularly among women living with their employer. Perpetrators took advantage of women’s precarious legal, social, and economic circumstances to coerce women into a sexual relationship. All participants reported taking action to stop attacks despite the significant barriers they faced: racism and discrimination, social isolation, and hostile legal, labour, and immigration systems. Fear of losing their job, being deported, and facing racism and discrimination from the police were the biggest barriers to seeking retribution. Access to informational, e.g., legal, practical, and emotional support, facilitated positive outcomes following abuse, such as finding a new employer. Systemic racism, hostile labour and immigration systems, and lack of support increase risk of sexual violence and place barriers against accessing safe working spaces, protection, and justice. Women need to be informed of the risks involved in domestic work and empowered to identify abuse and access help and support when needed.
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Zahn, Rebecca, and David Cabrelli. "Theories of Domination and Labour Law: An Alternative Conception for Intervention?" International Journal of Comparative Labour Law and Industrial Relations 33, Issue 3 (September 1, 2017): 339–64. http://dx.doi.org/10.54648/ijcl2017015.
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In previous work, the authors have sought to demonstrate how a particular strand of contemporary political theory can be usefully adopted to shed valuable light on labour law. In short, the conception of ‘non-domination’ grounded in contemporary civic republican political philosophy and associated with scholars such as Philipp Pettit and Frank Lovett prescribes a sophisticated account of freedom and a socially just order. In the latter’s framework, social justice is secured when laws and policies are introduced to subject private social relationships characterized by dependency and an arbitrary imbalance in social power to a measure of external control. As a subset of a socially just order, the previous work of the authors sought to sketch out how nondomination theory could act as a justification for labour laws. This would conceptualize labour laws as a set of measures that are designed to achieve a degree of ‘non-domination’ in the employment relationship. Labour law achieves this by introducing legal and policy controls limiting the employee’s dependence on his/her employer and restricting the arbitrary power imbalance inherent in the relationship between the employer and the employee. By serving to tone down the level of arbitrary decision-making vested in the employer, the dependency of the employee on the employer, and/or by counterbalancing the degree of power wielded by the employer, it was argued that procedural and substantive labour laws such as unfair dismissal/discharge, minimum wage laws, working time controls, and collective labour and trade union rights can be perceived as measures that are consistent with a legal framework designed to secure a degree of ‘non-domination’ of the worker. In this article, the various advantages of nondomination theory as a justification for labour laws are summarized before the discussion turns to a detailed assessment of the range of objections that can be levelled at such a justificatory framework. In particular, the accusation that it is not descriptively accurate as a model, nor normatively useful as a conception for labour laws, is subjected to greater scrutiny. The article concludes with the general proposition that although Pettit’s and Lovett’s non-domination model is insufficient to act as an abstract justificatory theory for labour laws, it can act as a driver for specific labour laws; and more specifically, for a particular conception or form of labour law that promotes a distinctive set of regulatory techniques, and vision of the role and function of the central notion of the contract of employment. The primary significance of this article rests in the insight that domination-based narratives of civic republicanism have the capacity to act as a bridge between existing individual, relational, autonomous, substantive and procedural accounts of the regulation of the law of the contract of employment and political philosophy: a ‘new normativity’, albeit one that is restricted in scope.
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Gordon-Bouvier, Ellen. "Crossing the boundaries of the home: a chronotopical analysis of the legal status of women's domestic work." International Journal of Law in Context 15, no. 4 (June 13, 2019): 479–94. http://dx.doi.org/10.1017/s1744552319000326.
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AbstractWomen's domestic work is largely deemed to be a ‘labour of love’ and lacking any value outside the private family. This reflects an ‘ideology of domesticity’, whereby women's natural place is deemed to be in an imagined private sphere. In this paper, I examine the status of housework in the context of asserting property rights in the home upon relationship breakdown. Using Valverde's legal chronotope as a lens, I argue that the ideology of domesticity is not merely present in legal discourse, but also takes on material form through the spatiotemporal ordering of the home. Housework is spatially and temporally concealed behind the powerful veneer of the imagined ideal family home, with corresponding invisibility in the law. For domestic work to be acknowledged, the individual often has to demonstrate that her work transgresses boundaries between private and public. However, as I argue, this transgression is particularly difficult for women, who remain spatiotemporally anchored in the home.
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Tsukanova, Elena Yur’evna. "The сoncept and types of factual communities in the modern theory of law." RUDN Journal of Law 25, no. 2 (December 15, 2021): 395–413. http://dx.doi.org/10.22363/2313-2337-2021-25-2-395-413.
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The article is devoted to the problems of formation and positioning of the category of factual communities in legal science. The relevance of this phenomenon in law is due to the need for a broader approach to the study of a set of factual circumstances that are the grounds for the emergence, change or termination of legal relations, which undoubtedly contributes to a more effective implementation of the goals of both lawmaking and law enforcement practice. The purpose of this article is to determine the prerequisites for the formation of the legal category under consideration, to identify the main types of factual communities, as well as to understand their functions. Achievement of this goal will make it possible with sufficient certainty to identify the main characteristics of the specified legal category, as well as to determine functional links with related legal concepts. The methodological basis of the article was made by modern achievements in the theory of knowledge. In the process of research, theoretical, general philosophical (dialectical, analysis, synthesis, deduction, systemic method), as well as traditional legal methods (formal-logical, normative-dogmatic and others) were used. In the course of the research, based on the analysis of the relationship of physical objects, phenomena and their groups among themselves, it was concluded that the term factual communities is a logical continuation of the development of the theory of legal facts, reflects the interconnected association of individual legal facts, as well as their actual composition. Such associations can have a different scope, as a result of which their functionality may also differ. The primary factual commonality is the actual composition. Factual systems are larger in volume and more complex in structure.
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Ноздрачев, Александр, and Alyeksandr Nozdrachyev. "Administrative Permit System: Origin and Content of the Modern Concept." Journal of Russian Law 2, no. 5 (April 16, 2014): 37–47. http://dx.doi.org/10.12737/3460.
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The authorization system is one of the most important administrative institutes of the Russian law and order. In article the concept, appointment and the basis of introduction of an authorization system is investigated; concept "administrative permission", its forms; classification and categorization of permissions is carried out; the fundamental principles of an authorization system and timely tendencies of its development come to light. Permission represents the individual administrative act adopted by authorized government body, carrying out functions in the allowing sphere within the provided competence, addressed to particular natural or legal entities - subjects of allowing legal relationship, and attracting their emergence, change or the termination. Permission can be accepted only during performance of the established allowing procedures with observance of a special form and according to Law requirements. For the solution of problems of ordering of an authorization system and improvement of law-enforcement practice author´s classification of permissions by functional criterion and their categorization by degree of danger of adjustable activity is offered. As a result of such classification the exhaustive list of permissions by types and categories can be created.
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ZOZULYAK, Olga I., Oksana S. OLIINYK, Liliana V. SISHCHUK, Nataliia A. SLIPENCHUK, and Yuliia I. PARUTA. "Actual Issues of Treaty Law in CIS Countries." Journal of Advanced Research in Law and Economics 10, no. 7 (December 31, 2019): 2207. http://dx.doi.org/10.14505/jarle.v10.7(45).35.
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The development of social relations requires changes in various spheres of human activity and, accordingly, in the relations between the state and society, between the state and the individual. In addition, one of the effective regulators of these relations is a treaty, which can be used in various spheres. To date, the science has not developed a unified view of the contract, and its issues are discussed by representatives of various scientific fields, with the contract being studied as a legal fact, agreement, legal relationship, document and in this regard is defined differently. Moreover, contractual relationship is in constant flux and suffer from changes caused by various factors of legal validity. Therefore, treaty law and the rules governing contractual obligations are given a great deal of attention during improving the process of reforming civil law and ensuring its further effective implementation in the CIS. Within the framework of the conducted research and comparative analysis of the legal bases and practice of application in the sphere of treaty law, the author has formulated grounded positions on the outlined and topical issues, which are as follows: (1) the peculiarities of the use of terminology in the context of the problem of interpretation of contract terms are revealed; (2) identified problems that arise during the termination of treaties in the CIS; (3) the influence of innovative technologies and globalization and the nature of contractual relations in the territory of the CIS countries are established; (4) approaches to ‘smart-contracts’ and a public contract are disclosed; (5) the discussion approaches to understanding the concept of ‘freedom of contract’ are analyzed; 6) a conditional list of the most pressing issues of contract law that arises in the CIS are formed.
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Zulkifli, Suhaila. "PUTUSNYA PERKAWINAN AKIBAT SUAMI MENIKAH TANPA IZIN DARI ISTRI." Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat 18, no. 3 (April 15, 2019): 14–26. http://dx.doi.org/10.30743/jhk.v18i3.1184.
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Marriage is one of the Sunnahtullah that applies to all creatures created by Allah SWT, including humans, animals and plants. Marriage is defined as an agreement between men and women. Many families experience destruction because each individual runs without a clear guideline, as contained in Islamic teachings about marriage. Divorce is essentially a process in which the relationship between husband and wife does not meet harmony in marriage anymore. Regarding the definition of divorce, the marriage law does not regulate explicitly, but only determines that divorce is only one reason for the breakup of marriage besides other causes, namely death and court decisions. In this study, the author's team discussed a problem regarding the termination of marriage caused by a husband who is married without his wife's permission. The research is a normative juridical study using legislation review approach, and this study also applies primary, secondary and tertiary legal materials. The writing technique made by the writing team is descriptive analytical by which the obtained data is then arranged systematically to be subsequently analyzed to reach a conclusion. Keywords: marriage, polygamy, divorce
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Komissarova, E. G. "The Problem of Actual Parenting: A Methodological View." Lex Russica 73, no. 6 (June 26, 2020): 18–32. http://dx.doi.org/10.17803/1729-5920.2020.163.6.018-032.
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Fixing the situation of doctrinal backlog in the development of the problem of actual parenting of a minor, the author explores the problem from the perspective of the instrumental approach. At the phenomenological level, the essential signs of actual upbringing are subject to the theoretical analysis These signs include: implicity as a social phenomenon, casuability, heterogeneity of social reasons for emergence, apparent voluntariness, gratuitousness, opacity of the circle of actual educators, preservation of continuous communication with the child’s family, lack of legal connection with the moment of emergence and termination of this type of actual relationship. At the interdisciplinary level, the extra-legal grammar of actual parenting is investigated with the inclusion of other social phenomena, structures and institutions closely related to it, providing reasonable scientific perception of this theoretical construct in jurisprudence. Using the political-legal approach complementing the traditional dogmatic approach to the study of the problem of actual parenting, the author aims to expand doctrinal boundaries of the solution of the problem of actual parenting in its legal perspective, creating prerequisites for future research of the topic in the context of its methodological preparedness. The author’s findings are based on the fact that the legal problem of actual parenting lies in the bosom of the problems of family education rather than between family education and forms of institutional protection of children, as is often seen in the family law doctrine. The normative nature of relations in the field of the family upbringing of a child, ensured through numerous acts of international law on child saving, national constitutional norms, principles of family law, general provisions of individual institutions and structures, does not make it clear that today’s legislative attitude to actual parenting is in no way consistent with the family law dogmatics.
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Osmanova, D. O. "The Legal Regime of Basic Multiplicities in Bankruptcy Proceedings." Lex Russica, no. 11 (November 30, 2021): 17–29. http://dx.doi.org/10.17803/1729-5920.2021.180.11.017-029.
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The paper substantiates the position that the entrepreneurial market is no longer a collection of individual participants one way or another interacting with each other through voluntary communication "clothed" in a legal form, but a potentially interdependent network, the presence of which is found in the conditions of a property crisis of one of its elements. In this vein, the bankruptcy procedure is an arena for the collision of multidirectional interests of multiplicities discovered in this process, the most important of which are the unions of the meeting of creditors. They engage persons included, together with the debtor, in a corporate group, qualified by the author as multiplicities of simple partnerships. These partnerships have a specific purpose, they arise at the moment of capital pooling (initiated by a corporate group) or objective bankruptcy (initiated by independent creditors), they are endowed with a certain amount of powers within the framework of the bankruptcy procedure with due regard to the specifics of their status and they cease to exist at the moment of an actual achievement of the set goal, which is not always connected with the termination of the trial. A feature of the studied varieties of a simple partnership is the predominant involuntary association of its participants when they are forced to interact with each other due to the insolvency of their counterparty. The uniqueness of this type of a partnership is manifested, among other things, in the form of a contribution to such a partnership, since, entering into civil law relations at the time of the objective solvency of the future debtor, his counterparties do not realize that their reciprocal contribution under the obligation is nothing more than "contribution" to the property (potentially bankruptcy) assets of the future partnership that arises at the time of actual bankruptcy of the person with whom they enter into a legal relationship. In addition, the author demonstartes the need to clarify the legal nature of this type of partnership, of which the debtor and related persons are members, in order to prevent the latter from participating in the bankruptcy process along with the debtor's independent creditors.
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Птащенко, Олена Валеріївна. "МІЖНАРОДНИЙ МАРКЕТИНГ ВИСОКИХ ТЕХНОЛОГІЙ ТА ЙОГО ВЗАЄМОЗВ'ЯЗОК З ІНТЕГРАЦІЄЮ ТА ГЛОБАЛІЗАЦІЄЮ." Bulletin of the Kyiv National University of Technologies and Design. Series: Economic sciences 123, no. 3 (January 13, 2019): 68–78. http://dx.doi.org/10.30857/2413-0117.2018.3.6.
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The paper seeks to explore the principal features of international high technology marketing in their relationship with the processes of globalization and integration. It is estimated that international marketing is a separate vector of a company activity, subject to its access to foreign markets, which involves a system of planning, implementation, monitoring and performance evaluation as to the effects on the multinational market environment and adaptation to it by the company which operates in more than one country. The paper focuses on the relationship between globalization of international marketing activities and the interdependence of the Triad nations which economic, socio-cultural, political and legal environments are becoming more and more homogeneous, as well as revealing the emergence of supranational segments that enhance market opportunities of companies. It is emphasized that boosting of marketing activities within the international division of labour and implementation of new technology have provided the opportunities for spatial (territorial) separation of individual production processes. Apparently, the national production process is gradually being transformed into international, global. It is argued that a critical instrument of modern high technology international marketing is the Internet marketing which facilitates better opportunities for rapid information exchange, building customer loyalty, expanding target audience, enhancing the information process and reducing the marketing costs dramatically.
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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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Fajardo García, Gemma. "Associated work in a cooperative is neither dependent work nor selfemployed work." CIRIEC-España, revista de economía pública, social y cooperativa, no. 103 (December 2, 2021): 315. http://dx.doi.org/10.7203/ciriec-e.103.20685.
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The celebration of the 100th anniversary of the ILO’s Cooperatives Unit sparked interest in reviewing the progress made by this institution in relation to the recognition and promotion of worker cooperatives. To this end, the Promotion of Cooperatives Recommendation (2002) and the Guidelines concerning statistics of Cooperatives (2018) were taken as the focus of study. From the analysis of both documents, the conclusion was drawn that although the former calls for the recognition of cooperatives in the terms established by the ICA, and for their promotion by States, establishing a legal framework favourable to them and compatible with their nature as self-managed enterprises, the fact is that associated work is still not recognised as a mode of work distinct from dependent work (wage-based) and self-employed(individual) work. This lack of recognition does not correspond to the recommendations of the ICA (2005) claiming that “the relationship of the worker-member with their cooperative should be considered as distinct from that of conventional wage-based dependent work and self-employed work”. The lack of recognition is often attributed to the modest size of these cooperatives and their possible use to circumvent the application of labour law. However, as we have shown, the former cannot be proven, and the latter is not sufficient reason to ignore or prohibit them, since there are other means to combat fake cooperatives. The lack of a contractual relationship between the worker-member and the cooperative is not a weakness but a strength and is the result of having a specific legal type for the cooperative, as opposed to other countries such as France or Italy which, because they lack such a type, are incorporated as Public Limited Companies or Limited Liability Companies, and subsequently hire their members so that they can work in their company.
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Bortsevych, Pavlo. "Corporate conflict prevention: comparative legal aspects." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 193–96. http://dx.doi.org/10.36695/2219-5521.1.2020.39.
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The article presents a comparative legal analysis of the laws of Ukraine and the United States regarding the regulation of corporate relations and corporate conflicts. Corporate conflict can be defined as disagreements (disputes) between shareholders (investors) and managers in connection with the violation of shareholders' rights that lead or may lead to claims against the company controlling the shareholder or executives regarding the decisions taken by them, early termination of powers. management, significant changes in the composition of shareholders.
Even when examining the nature of the relationship between objective and subjective causes of conflicts, the following features may be noted: the clear distribution of objective and subjective causes of conflicts, and even more so their opposition, is obviously unlawful. Any objective reason plays a role in the emergence of a specific conflict situation, including due to the action of subjective factors. As a rule, corporate conflicts in joint stock companies are the property rights of the shares of the company and the rights that these securities give (participation in management, participation in the distribution of profits of the company, etc.). The interests of shareholders are aimed at generating income from the company's activities. Earning income can be realized in two ways - paying dividends and increasing the share price. In the process of addressing these issues in practice, there may be abuse of corporate rights, including greenmail.
The main attention is paid to the issues of preventing greenmail, which, although not an offense, can cause losses to the business entity and its participants.
The term "greenmail" in the literature is interpreted as a procedure for the acquisition of a large number of shares of a company in order to create a threat to its hostile takeover in order to resell these shares at an overpriced price to the same company.
The following main features of corporate greenmail can be identified:
- it is a form of intervention in the activities of a joint-stock company;
- based on the fact that the person owns a certain number of shares, which does not allow to make a significant impact on the process of managing a joint-stock company;
- the intervention is aimed at hindering the operational activity of a joint-stock company and, as a consequence, creating certain negative consequences for the company and (or) its shareholders, including in their financial and property sphere;
- the purpose of such conduct is to sell its block of shares at an inflated price to the controlling shareholder or to the company itself or to obtain another property grant;
- the actions of corporate greenmailers are formally legitimate, but may be qualified as abuse of law.
In the United States, greenmail is interpreted differently in individual states, but what is common is that greenmail is an abuse of rights and may cause harm to the company and its members.
There is no definition of greenmail at the legislative level in Ukraine. This is due to the fact that in Ukraine the phenomenon of greenmail due to the lack of development of corporate relations in comparison with the United States has not yet become widespread, however, it should not be ruled out the significant spread of greenmail in the future.
The conclusions of the analysis include recommendations to prevent greenmail.
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Mollick, Sahid Afrid, Sayak Chakraborty, Supriya Ray, and Subhashree Das. "Induced abortion practices in Bengali-speaking communities: a preliminary study." International Journal of Reproduction, Contraception, Obstetrics and Gynecology 11, no. 6 (May 26, 2022): 1718. http://dx.doi.org/10.18203/2320-1770.ijrcog20221446.
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Background: Abortion is termed as ‘medical termination of a pregnancy’ (MTP). In India, abortion can be performed until 24 weeks of pregnancy according to the MTP Amendment Act 2021 which came into effect on 24th September 2021. The topic of abortion is still hotly debated in India and considered taboo in numerous circles. There has been a recent surge in liberal outlook when it comes to perspectives on social issues. However, creases of worry appear on the forehead when a woman faces the issue of making a decision in such matter. The hindrance comes from reasons such as: abortion is illegal, religious beliefs are against abortion, social taboo against abortion, and other factors.Methods: A mixed-method study was conducted using a systematic random sampling method at the Family Planning Hospital, Park Circus, Kolkata. Reproductive histories were collected from 120 women, belonging to reproductive age 20-50 years. Using structured schedule, individual face-to-face and in-depth interviews were conducted.Results: We were confronted with four recurring factors that negatively impacted on their family planning processes which led to an increased rate of abortion. We also found that abortion has a significant relationship with maternal age, education of the mother, family income, and number of parity.Conclusions: Maternal age, religious beliefs, education, family income, number of parity and also knowledge on legal abortion ware the major decisive factor associated with abortion. Poorest, younger, uneducated, women who had tendency to minimize family size were more likely to undergo abortion.
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Ncube, Welshman. "Re-Allocation of Matrimonial Property at the Dissolution of Marriage in Zimbabwe." Journal of African Law 34, no. 1 (1990): 1–8. http://dx.doi.org/10.1017/s0021855300008159.
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Most countries of the world have at one time or another been confronted with questions of what principles or rules should guide the courts in readjusting the property rights of spouses at the dissolution of their marriage. Virtually all civilised countries have accepted marriage as an equal partnership of two legally equal individuals to which each one of them contributes in one way or another. Most policy makers agree that the partners contribute to the marriage through their division of labour and that these contributions although not equal in absolute terms are nonetheless of equal relative value to the welfare of the family.This recognition of the equal worth and equal importance of the two spouses to a marriage relationship has had profound effects on the matrimonial property regimes of numerous countries which have had to tackle the problem of the construction of a fair and equitable legal formula for the reallocation of matrimonial property rights at the dissolution of marriage. The fundamental problem has been whether a fair and equitable system is achieved by means of fixed rules of apportionment or through flexible discretionary judicial powers exercisable at the discretion of courts, in the light of the individual circumstances of each case.
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Brown, Rachel H. "Reproducing the national family: kinship claims, development discourse and migrant caregivers in Palestine/Israel." Feminist Theory 20, no. 3 (March 13, 2019): 247–68. http://dx.doi.org/10.1177/1464700119833039.
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This article probes the politics of the migrant caregiver/citizen-employer relationship in Palestine/Israel as it unfolds within the Jewish-Israeli home. Based on interviews with migrants from the Philippines, Nepal, India and Sri Lanka and their Jewish-Israeli employers, I examine how Israel’s ethno-racially hierarchical citizenship regime and the transnational gendering and racialisation of carework manifest in this relationship. I begin by situating migrant women working as caregivers within the legal and political context of Palestine/Israel, delineating how gendered constructions of the Jewish-Israeli woman uphold the borders of the nation and paint non-Jewish migrant women as reproductively threatening. I then analyse two common tropes among citizen-employers in describing migrant caregivers. The first, what I term the ‘kinship trope’, characterizes them as ‘one of the family’, obscuring the ethno-racial basis of the state. I show how this trope contrasts sharply with Zionist settler colonial rhetoric portraying Jewish-Israelis as ‘one big family’. The second trope represents migrant women as individual agents of economic development and Israel as a market-driven, neoliberal society that is equally a state for all its citizens. By depicting Israel as a ‘modern’, ‘progressive’ state that is an exemplar of gender equality, this trope again masks the ethno-racial basis of citizenship, as well as gender disparities. Finally, I argue for a feminist approach to migrant carework that accounts for the ways neoliberal labour formations are mediated by gendered racisms specific to a particular state’s racial nation-building project.