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Deakin, Simon Francis. "Contract, labour law and the developing employment relationship." Thesis, University of Cambridge, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.291753.
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Loots, Barbara Evelyn. "Public employment and the relationship between labour and administrative law." Thesis, Stellenbosch : University of Stellenbosch, 2011. http://hdl.handle.net/10019.1/6683.
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Thesis (LLD)--University of Stellenbosch, 2011.ENGLISH ABSTRACT: The focus of this study is the rights-based normative overlap of labour and administrative law in public employment. As the judiciary appeared to be unable to agree on a unified approach to the application of the rights to fair labour practices and just administrative action to public employment, it was clear that the complexity and multi-dimensional character of the debate required analysis of existing approaches to the regulation of the public employment relationship. The following initial research question was formulated: To what extent does (and should) the constitutionalised rights to fair labour practices (s 23) and just administrative action (s 33) simultaneously find application in the regulation of public employment relationships? In answering this question, certain realities had to be acknowledged, the most important being that the debate in question jurisprudentially revealed itself to be a jurisdictional turf-war between the Labour and High Courts, rather than proper consideration of the relevant substantive arguments and underlying normative considerations. This called for an additional dimension to be added to the research question, namely consideration of the extent to which the ss 23 and 33 rights are informed by variable and possibly different normative principles and whether these rights allow for cooperative regulation of public employment in accordance with the doctrine of interdependent fundamental rights. This became the primary focus of the study. In an attempt to simplify the debate, a deliberate decision was taken to limit the scope of the normative study to South Africa with its own historic influences, structures and constitutional considerations. The study shows that both labour and administrative law (as constitutionally informed) share concern for equity-based principles. This is evident from the flexible contextually informed perspectives of administrative law reasonableness in relation to labour law substantive fairness, as well as a shared concern for and approach to procedural fairness. Once simplified, and in the absence of any undue positive law complexity, the public employment relationship, at both a normative and theoretical level, furthermore shows no substantive status difference with private employment relationships. It is, however, accepted that there are job and sector-specific contextual differences. In the absence of substantive normative conflict between these branches of law and in the absence of a fundamental (as opposed to contextual) difference between public and private employment, there appears to be no reason to ignore the constitutional jurisprudential calls for hybridity, otherwise termed the doctrine of interdependence. The idea of normatively interdependent rights expresses the Constitution’s transformative vision (through the idea of flexible conceptual contextualism) and recognises that human rights may overlap. This also means that where such overlap exists, rights should be interpreted and applied in a mutually supportive and cooperative manner that allows for the full protection and promotion of those rights. In giving expression to the interdependent normative framework of constitutional rights, these norms (absent any substantive rights-based conflict) should then be used by the judiciary as an interpretative tool to align specific labour law and general administrative law in the regulation of public employment relationships.
AFRIKAANSE OPSOMMING: Die fokus van hierdie studie is die regsgebaseerde normatiewe oorvleueling van arbeids- en administratiefreg in die openbare diensverhouding. Aangesien dit blyk dat die regsbank nie kon saamstem oor ‘n eenvormige benadering tot die toepassing van die regte op billike arbeidspraktyke en regverdige administratiewe optrede op die openbare diensverhouding nie, het die kompleksiteit en multi-dimensionele karakter van die debat dit genoodsaak om bestaande benaderings tot die regulering van die openbare diensverhouding te analiseer. In die lig hiervan is die volgende aanvanklike navorsingsvraag geformuleer: Tot watter mate vind die grondwetlik neergelegde regte tot billike arbeidspraktyke (a 23) en regmatige administratiewe optrede (a 33) gelykmatig toepassing in die regulering van die openbare diensverhouding en tot watter mate hoort die regte gelykmatig toepassing te vind? In antwoord op die vraag is sekere realiteite geïdentifiseer, waarvan die belangrikste is dat die debat in die regspraak grootliks neergekom het op ‘n jurisdiksionele magstryd tussen die Arbeids- en Hooggeregshowe, eerder as werklike oorweging van die relevante substantiewe argumente en onderliggende normatiewe oorwegings. Dit het die byvoeging van ’n verdere dimensie tot die navorsingsvraag genoodsaak, naamlik oorweging van die mate waartoe die aa 23 en 33 regte deur buigsame en moontlik verskillende normatiewe beginsels beïnvloed word, en ook of hierdie regte ruimte laat vir mederegulering van die openbare diensverhouding in terme van die leerstuk van interafhanklikheid van fundamentele regte? Laasgenoemde het die primêre fokus van die studie geword. In ‘n poging om die debat te vereenvoudig, is doelbewus besluit om die strekking van die normatiewe studie te beperk tot Suid-Afrika, met eiesoortige historiese invloede, strukture en grondwetlike oorwegings. Soos die normatiewe studie ontvou het, wys die studie dat beide arbeids- en administratiefreg (soos grondwetlik beïnvloed) ‘n gemeenskaplike belang in billikheids-gebaseerde beginsels openbaar. Daar is ‘n versoenbaarheid tussen die kontekstueel beïnvloedbare en buigsame redelikheidsperspetief van die administratiefreg, soos gesien in vergelyking met substantiewe billikheid in die arbeidsreg. Voorts heg beide die arbeids- en administratiefreg ‘n gemeenskaplike waarde aan, en volg beide ‘n gemeenskaplike benadering tot, prosedurele billikheid. Terselfdertyd, en in die afwesigheid van onnodige positiefregtelike kompleksiteit, blyk daar op beide ‘n normatiewe en teoretiese vlak geen substantiewe verskil in status tussen die openbare diensverhouding en die privaat diensverhouding te wees nie. Dit word egter aanvaar dat daar wel werk- en sektor-spesifieke kontekstuele verskille bestaan. In die afwesigheid van substantiewe normatiewe konflik tussen die twee vertakkinge van die reg en in die afwesigheid van ‘n fundamentele (in vergelyking met kontekstuele) verskil tussen diensverhoudings in die openbare en privaatsektore, blyk daar geen rede te wees om die grondwetlike jurisprudensiële vereiste van hibriditeit, ook genoem die leerstuk van die interafhanklikheid van grondwetlike regte, te ignoreer nie. Die idee van normatiewe interafhanklike regte gee uitdrukking aan die Grondwet se visie van transformasie (via die idee van buigsame konsepsuele kontekstualisme) en erken dat menseregte soms oorvleuel. Dit beteken ook dat waar so ‘n oorvleueling bestaan, regte ïnterpreteer en toegepas moet word in ‘n wedersyds ondersteunende en samewerkende wyse wat voorsiening maak vir die volle beskerming en bevordering van daardie regte. Erkenning van die interafhanklike normatiewe raamwerk van grondwetlike regte hoort daartoe te lei dat die regsbank daardie norme (in die afwesigheid van regsgebaseerde konflik) as interpretasie-hulpmiddel gebruik om die spesifieke arbeidsreg met die algemene administratiefreg te versoen in die regulering van die openbare diensverhouding.
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Oosthuizen, Tania. "Discrimination based on age in labour law." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19484.
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This piece aims to prove that a compulsory retirement age can no longer be justified in South Africa as a constitutional state. In times where people are gradually reaching older ages due to advances in a variety of fields, it seemed that the concept of a compulsory retirement age requires an in depth consideration. This is especially measured against the backdrop of equality and discrimination legislation within The Republic of South Africa. The development of social security law provides the larger framework in which to understand the concept and intentions around retirement. Discrimination and equality legislation demonstrates that age as a listed ground for discrimination does not necessarily simplify the jurisprudence pertaining to it, especially where alternatives have been developed for continued employment. The main point of reference in the South African justice system concerning discrimination disputes is the Harksen v Lane test, whereas the principle encapsulated in Waco v Schweitzer, relates particularly to discrimination based on age. These judgements and subsequent application will be illustrated and considered during the course of this research. The influence of fund rules and fixed-term contracts on the situation will aim to show the reality of the situation. In an effort to show that the problem of an ageing workforce and retirement is not localised to South Africa, an international overview of other constitutional countries is included for context. The comparison goes further to include non-constitutional countries to illustrate the global issue. This comparison was also included in an effort to find alternative strategies that may be utilised in South Africa for retirement and age discrimination legislations and social policies.
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Ozdemir, Ali Murat. "Political Economy Of Labour Law In Turkey: Work Employment And International Division Of Labour." Phd thesis, METU, 2004. http://etd.lib.metu.edu.tr/upload/12605703/index.pdf.
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This thesis aims to evaluate the Turkish Labour Law on the basis of a new approach to legal studies that follow the internal tendency of legal science to resolve its own problem, which is that of convincingly defining the point of contact between norm and fact (form and content), materially connecting the juridical organisation of power with the social structuring of power, while avoiding both formalist and positivist deviations. Against this background, the thesis aims to assess the correlation between the recent changes in the international division of labour and the structural forms, on the axis of which the Turkish legal system functions. This endeavour includes an attempt to view law in its location as a component to a general and persistent process of social regulation that secures general patterns of social domination. This study argues that the role of the collective labour law over the stabilisation of wage relations is increasingly deteriorated by the changing nature of the state and of work, including the new institutionality and the increasing influence of business over labour politics. After the &lsquodiscovery&rsquo
of the importance of the universal principle of the freedom of contract in labour law, the regulatory powers of individual labour law have extended to the realm of capital-labour relations having an impact over the social division of labour and have acquired a relative dominance.
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Adonis, Tanya. "The employment recruitment and promotion process: legal regulation and practice." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16492.
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Includes bibliographical referencesRecruitment is an integral part of any organization. It forms the foundation upon which every other practice is built. It is a process which is often regarded lightly and not given the due consideration it deserves. It is therefore pertinent to have a recruitment process in place which ensures legal compliance, as well as the longevity of the business. The concept of legal compliance in the employment recruitment and promotion process has proved at best inconspicuous. The process has allowed for much legal debate, which spans from the CCMA all the way through to the Constitutional Court. The process has also allowed for much jurisprudence to be developed regarding the implementation and application of the statutes governing it. This dissertation will focus on the limitations placed on management prerogative by labour law the procedural and substantive fairness requirements. It will do so by exploring case law, risk management measures and what is required to ensure a contract of employment is legal and binding on both parties. It is important to read this dissertation in the light of how labour law overlaps with and impacts on management prerogative. This view is necessary to understand how the push - pull dynamic between these two factors in recruitment and promotion have molded the process to encompass issues that substantively outweigh their procedural counterparts and vice versa. It is necessary in this dissertation to expound on the fundamental law governing the recruitment and promotion process and will explore concepts of management prerogative, amongst others. The objective of this dissertation is to investigate the ambiguities imposed by procedural and substantive fairness and will venture into risk management measures and contractual obligation s as a failsafe for employers to demystify the process.
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Quiñones, Sergio. "The future of Labour Law." IUS ET VERITAS, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123534.
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The premise of this paper is that the future of work will define the future of Labour Law, since work is indeed the main object of regulation of such legal discipline. From this perspective, we analyze the mega trends identified by the International Labour Organization that will continue to impact the world of work: globalization, the increase in the dependency rate, technological innovation and, above all, climate change. Likewise, the article addresses the main labor problems still facing Latin American countries, as well as the challenges that are presented in the near future to Peru in order to close the gap between the amount of employment generated in the country and the quality of said employment.La premisa del presente artículo es que el futuro del trabajo definirá el futuro del Derecho del Trabajo, en tanto este tiene por objeto esencial la regulación de aquél. Desde esa perspectiva, se analizan las mega tendencias identificadas por la Organización Internacional del Trabajo que seguirán impactando el mundo del trabajo: la globalización, el incremento de la tasa de dependencia, la innovación tecnológica y, sobre todo, el cambio climático. Asimismo, el artículo aborda los principales problemas laborales que aún afrontan los países latinoamericanos, así como los retos que se le presentan en el futuro próximo al Perú a fin de cerrar la brecha entre la cantidad de empleo que se genera en el país y la calidad de dicho empleo.
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Yeung, Siu-hung Polly. "Labour policy and the employment ordinance." Click to view the E-thesis via HKUTO, 1991. http://sunzi.lib.hku.hk/hkuto/record/B42574195.
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Salim, Raya Said. "The consequences of unlawful and prohibited contracts of employment in labour law." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1041.
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The purpose of having labour laws in South Africa is to regulate employment contracts and the relationship between the employer and the employee. Once a legally binding contract comes into being the Labour Relations Act of 1995 automatically applies alongside the Basic Conditions of Employment Act and various other labour legislations. Common law rules play a vital role in the formation of an employment contract. For an ordinary contract to have legal effect, four basic requirements need to be met. Briefly, parties to the contract must have reached consensus, parties’ performance of their obligations must be possible, the conclusion and objectives of the contract must be lawful and that both parties to the contract must have the necessary capacity to conclude the contract. Once these requirements have been met one is said to have concluded a valid contract. Nevertheless for the purposes of this study, we focus specifically on the employment contract. Aside from the general common law requirements for a valid contract, for an employment contract to be recognised and protected by labour legislations, it is important to distinguish an employee from an independent contractor since only the former enjoys legal remedies afforded by labour law. Common law contractual rights and duties automatically apply once an employment relationship is established in addition to the rights and duties specified in the contract itself. Common law rules regarding morality plays a major role in our modern day societies, as shall be discussed the workforce has not been left untouched by this important principle. Morality greatly influences a society’s view concerning acceptable and unacceptable behaviour or practices. It goes without saying that a contract should not be contrary to the moral views of the society in which the parties find themselves in. A contract can be complying with all the statutory requirements for a valid employment contract; however it may at the same time be tainted with illegality as the object of performance is considered immoral in the society such as an employment contract to perform prostitution. Conversely, another scenario may involve a party to an employment contract who is a child below the age of 15 years old; the contract is invalid as it contravenes section 43 of the Basic Conditions of Employment Act. Despite clear statutory prohibitions this practice may be perfectly acceptable in the eyes and minds of the society. The purpose of this study is to evaluate prohibited and unlawful contracts of employments, how the law (both common law and statutory law) treats such contracts in the sense that; whether they are protected or not and to what extent these laws have been developed to influence modern attitudes concerning such contracts. One stark example is illustrated through case law where the court had to determine the validity of an employment contract concluded between an employer and an illegal immigrant.
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Mofokeng, Elly Evelyn Tsholofelo. "An analysis of the deeming provision relating to temporary employment services in South Africa." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/74949.
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The Labour Relations Act 66 of 1995(LRA) is the primary legislation regulating employment relations in South Africa. Despite its effort to provide adequate protection to employees employed in various capacities, the LRA seems to have fallen short when it comes to atypical employees. Before the LRA was amended in 2015, Temporary Employment Services (TESs) were largely unregulated; this provided ample opportunities for clients to exploit the vulnerable TES employees. It is this abuse and exploitation which lead to the introduction of the section 198A(3)(b) of the LRA(deeming provision).
The deeming provision applies to TES employees who earn below the monetary threshold stipulated in section 6(3) of the Basic Conditions of Employment Act 75 of 1997. This is an effort by the legislature to reduce the exploitation of employees working in atypical forms of employment. Despite these efforts, the deeming provision has been subject to a lot of debate particularly with regard to its correct interpretation and application. It is against this background that this dissertation will focus on the ways in which the deeming provision has been interpreted by trade unions and labour brokers.
This dissertation will also discuss the judgement handed down in Assign Services (Pty) limited v National Union of Metalworkers of South Africa and Others (2018) 39 ILJ 1911 (CC), to determine whether the court provided sufficient clarity about the meaning behind section 198A(3)(b) of the LRA.Mini Dissertation (LLM)--University of Pretoria, 2020.
Mercantile Law
LLM
Unrestricted
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Yeung, Siu-hung Polly, and 楊少紅. "Labour policy and the employment ordinance." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1991. http://hub.hku.hk/bib/B42574195.
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Maharaj, Pranisha. "A critical analysis of section 6(4) of the Employment Equity ACT: is it likely to achieve its stated objectives?" Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/30794.
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This dissertation presents a critical analysis of section 6(4) of the Employment Equity Act 55 of 1998 (“EEA”) and seeks to address the question of whether it is likely to achieve its stated objective of giving effect to the constitutional right to equality. In conducting my analysis, I consider the concept of managerial prerogative and discuss what underlies the drive for substantive equality in order to determine why the issue of protection from discriminatory income disparities has been removed from the realm of an employer’s traditional prerogative. Next, I highlight the requirements for establishing a claim of discrimination in terms section 6(4) and the remedies available to a successful complainant. I then turn to highlight the limitations introduced by the statutorily prescribed comparator in section 6(4) before demonstrating that the regulated methodology for assessing the value of work and the factors for justifying a differentiation in terms and conditions of employment give significant deference to employer prerogative. My analysis proceeds to consider whether, following the introduction of section 6(4), an administrative body whose primary function is the conduct of formal investigation into discriminatory pay practices and the resolution of equal pay disputes ought to have been created. I ultimately conclude that section 6(4) of the EEA provides only a partial solution to the issue of discriminatory pay disparities in South Africa and is likely to have a limited effect in contributing to the achievement of the State’s objective of achieving substantive equality. In analysing section 6(4), I draw on the experience of the United Kingdom, the United States of America and Canada. While the socio-economic and political landscapes of these jurisdictions may not be apposite to the South African experience, these jurisdictions have a long legislative history in pay equality issues which assist in establishing a benchmark for South Africa.
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Henningsson, Dan. "Det individuella anställningsavtalet : Gränser för anställningsformens innehåll." Thesis, Karlstad University, Karlstad University, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-5834.
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The foundations of the Swedish labour market have shifted due to a number of new circumstances affecting its framework. Employment is no longer a right taken for granted but rather something one should work hard to achieve. Given the new conditions, employers are not only trying to ensure their own businesses survival but also uphold the structures of our society. Competition between enterprises forces management to forge new boundaries to maintain profitability.Concerns have arisen whether or not these so called management strategies are within the limitations of the law. As a result and as a response to the design of the labour laws creativity is peaking to overrun the statutory regulations. This thesis sole ambition is to grasp to what extent the employers can enhance and change terms of employment without breaking the law.Employment agreements concerning temporary employment are at large especially focused upon.
A strict jurisprudential method has been applied throughout the entire thesis to ensure the reliability of the results. The diversity of sources has been analyzed to assure the overall quality. The legal system at large represents important foundations as well as the historical perspectives. To capture the future foundations and limitations of our labour laws consideration should be acknowledged in comparison to our society’s ever changing demands.The laws and regulations concerning employment agreements can be extensively adjusted without influencing the employees’ rights. That enhances the employers’ power to manage the business in accordance to the shifting market conditions. Some consideration should, in the context, be acknowledged. If the laws are stretched to far the employment agreement will be declared invalid by court along with claims for financial retribution.
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Guzmán, Lozano Luz María. "Female labour in Mexico : a legal analysis comparing international and domestic law." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99139.
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This thesis analyses the Mexican legal framework and the public policies implemented by the Mexican government regarding female labour from an international perspective. The position to be argued throughout the thesis is that the Mexican government has not fulfilled its international obligations derived from the treaties and international conventions that directly or indirectly provide for women's labour rights. The thesis proposes a number of legal reforms and public policies that once properly enforced and implemented by the Mexican government would provide for gender equality in the Mexican labour market.
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Gerber, Marcel. "Alternative dispute resolution in the BRICS nations: A comparative labour law perspective." University of the Western Cape, 2019. http://hdl.handle.net/11394/6996.
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Magister Legum - LLMAlternative dispute resolution refers to forms of dispute resolution, other than traditional and formal court based litigation. A notable benefit of alternative dispute resolution is that different processes are available for resolving a particular dispute in the most effective and efficient manner possible. Alternative dispute resolution includes but is not limited to arbitration, mediation, negotiation, conciliation and facilitation. The Constitution of the Republic of South Africa, 1996, lists human dignity, equality and the advancement of human rights and freedoms as the founding values of the Republic of South Africa. In terms of section 9(1) of the Constitution everyone is regarded as equal before the law and has the right to equal protection and benefit of the law in South Africa. Often it is however argued that traditional court based litigation hinders the full enjoyment of these rights by individuals. Consequently, alternative dispute resolution is attractive as an alternative to court based litigation as it is regarded as less expensive, more time effective and results in less conflict when it comes to resolving disputes in the most accessible, effective and efficient manner possible, in both developed and developing countries. The study will first focus on the pitfalls to traditional court based litigation in South Africa. The relevant legislation and processes which provide for alternative dispute resolution processes in South Africa, with specific focus on alternative dispute resolution in labour disputes, will be considered. Consideration will be given to the provision of alternative dispute resolution as contained in the Constitution, the Labour Relations Act 66 of 1995, the Rules for the Conduct of Proceedings before the CCMA of 2003 and the Arbitration Act 42 of 1965. The study will thereafter proceed to consider the use of alternative dispute resolution in labour disputes in Brazil, Russia, India and China, who, together with South Africa, are collectively referred to as BRICS. These five nations are considered the world’s leading emerging economies, with similar economic capabilities and demographics.
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Holland, J. A. "An analysis of good faith as an underlying theme in the employment relationship." Thesis, University of Southampton, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.383414.
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Craig, John D. R. "Legal principles for the protection of the right of privacy in the workplace." Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.286833.
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Martišienė, Beata. "Civil Aspects of Legal Regulation of Labour Relations." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2012. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2012~D_20120629_152523-45022.
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Summary of doctoral dissertation introduces the object, purpose and tasks, the novelty, actuality and originality of the dissertation. As well as this, the methodology, sources and the structure of the dissertation are given. Main conclusions and results of the research are being presented. Finally, the list of scientific publications and personal details about the author of the dissertation are given.Disertacijos santraukoje apibrėžiami darbo objektas, tikslai ir uždaviniai, taip pat mokslinio darbo naujumas, originalumas ir aktualumas. Kartu pateikiami pagrindiniai darbe naudoti metodai ir šaltiniai. Pristatomos pagrindinės ir svarbiausios moksliniame tyrime pasiektos išvados ir ginamieji teiginiai. Galiausiai pateikiama bendra informacija apie disertacijos autorę ir jos mokslinių publikacijų disertacijos tema sąrašas.
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Wong, Ka-lin Judy. "Labour and employment in Hong Kong and South Korea." Hong Kong : University of Hong Kong, 1995. http://sunzi.lib.hku.hk/hkuto/record.jsp?B1403878X.
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Busby, Nicole Ellen. "Access to employment and career progression for women in the European labour market." Thesis, University of Glasgow, 2006. http://theses.gla.ac.uk/3749/.
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The growing complexity in working arrangements has made it difficult to target employment legislation effectively. Utilisation of the existing provisions of Community law requires a reorientation of the traditional conceptualisation of gender relations. This is possible through the application of broad principles, as provided for by the Treaty and the general scheme of Community law, to specific circumstances. The Court of Justice occupies a unique institutional position in this respect as the only authority capable of undertaking such a task coherently and consistently. This thesis considers the Court’s reasoning in a group of cases concerning the right to equal treatment of women workers classified as ‘atypical’ on account of their working arrangements. The purpose of the thesis is to uncover the extent to which the Court’s adjudications on cases referred under the Article 234 procedure can be characterised as having a common output amounting to an identifiable jurisprudence on gender relations. In order to accomplish this task, a systematic analysis of a range of cases conforming to certain specified criteria is undertaken through which the Court’s application of certain key principles is examined. The findings reveal inconsistencies in terms of the Court’s theoretical dogma and its conceptualisation of the basic tenets of equality which are not discernible from an assessment of its judgements alone. It is concluded that a reassessment of the relative positions and roles of women and men within contemporary society is required in order to enable a more effective application of the law in this respect, starting with the standardisation of ‘atypical’ working arrangements.
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Thoene, Ulf V. "Social protection and labour law : regulatory approaches to the informal employment sector in Latin America." Thesis, University of Warwick, 2013. http://wrap.warwick.ac.uk/57756/.
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The phenomena of high and persistent levels of informal employment and informal entrepreneurial activity have been among the most pressing features undermining the development of participatory socio-economic and political institutions in Latin America over the past decades. The informal sector does not exist separately from the formal economy. Although some individuals profit from shirking regulation such as tax payments, others are denied their basic rights as citizens. Many policy initiatives that set out to enable an increasing share of the region’s population to enjoy protected workplace conditions, access the social protective systems and nurture productive firms have had negligible or even detrimental effects. This research thesis argues that in order to understand the complex mechanics of informal labour in Latin America, a wide analytical perspective must be adopted, so that various interconnected developmental policy issues such as citizenship, state capacity, the political economy of the region, the design structure and the coverage of the contributory social protection regime, the quality of political participation, access to the legal system, and education must be examined with respect to their impact on social and labour rights. Employing the analytical lens of institutionalist regulatory theory and adopting central insights from Sen’s Capability Approach allow for the identification of path-dependent patterns in Latin American labour law and social polices, a reassessment of the role of the state as a regulatory actor, and the crucial importance of lifting the quality of employment and social services delivery. That approach allows this research dissertation to move beyond the traditional discourses that advocate either state regulation in the areas of social and labour legislation coupled with enforcement mechanisms, or alternatively deregulatory policies that place their faith in market forces as the ultimate formula to approach a societal issue that must actually be tackled from several vantage points. Fieldwork was carried out in Colombia in order to enrich this research with data obtained from interviews, participant observation and library visits.
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Al, Kiyumi Fawzi Mubarak. "Unfair dismissal study in Omani labour law with emphasis on the relevance of Shari’a." Thesis, University of Bedfordshire, 2013. http://hdl.handle.net/10547/293775.
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The aim of this research is to investigate the implications of unfair dismissal within the boundaries of Omani labour law with particular relevance to the role of Shari’a. Shari’a itself does not provide a legal code, contract law, or a law of tort as yet but it does provide examples of applicable rules, supported with analogies, to deal with employment. The basic principles of forming a contract in Omani Commercial Law; English Law and Shari’a are similar; however, they differ in application. Likewise, the principles of the employment contract are similar with a few differences being seen in implementation; specifically with regards to unfair dismissal issues. This research used a qualitative approach that has enabled the generation and analysis of data from multiple sources including literature review, semi-structured interviews, court cases, Shari’a implied employment contract principles as found in the Qur’an, the Sunnah and relevant Islamic texts. The research shows that the main reasons for employee dismissal can be categorised into: poor performance, disobedience regarding the contractual rules and regulations, absenteeism, aggressive behaviour and an extreme critical attitude in the work-place. From the employee’s perspective, the main reasons for filing cases at Oman Courts were to seek justice, to obtain fair compensation or to highlight the moral values that form the Islamic code of practice. In contrast the employers considered seeking financial gain and revenge as the motivating factors for employees for filing court cases. There obviously is a mismatch to the reasons by each side and the key findings from this research suggest that there is a modest impact of the legal aspects of Shari’a on the Omani Law of Contract and the Employment Law though it is normally conceived by the public that Shari’a is the fundamental law that governs all aspects of muslim life. There needs to be an overwhelming expectation and requirement to develop procedures in the Omani Employment Law that expedite the process of dealing with dismissal cases and the propositions of establishing an arbitration committee may seem to be a way forward. In addition, the establishment of a Labour Court is paramount as at present the employment cases are heard in the Commercial Courts. This will align with the approach taken in the English system where the Employment Tribunals and the Employment Appeal Tribunal oversee cases and minimize delays in achieving justice. There is also a strong argument that there needs to be a review of Article 40/35/2003 that deals with employer rights to dismiss the worker without prior notice in order to establish a solid foundation for justice in the Sultanate of Oman. Unfair dismissal is a phenomenon that impacts on the employee, the employer, the employee’s wider family network and society. This study provides an in-depth understanding and insight into these impacts and into the capacity of Shari’a impact to address modern employment issues in relation to the labour laws and secular laws being used in Oman today.
22
Wong, Ka-lin Judy, and 黃嘉蓮. "Labour and employment in Hong Kong and South Korea." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1995. http://hub.hku.hk/bib/B31950802.
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Arie, Motlogelwa Harold. "The role of an effective grievance procedure in creating tolerable employment in the South African Police Services." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19786.
Full textAbstract:
In many instances, the South African Constitution is been seen as the most advanced constitutions in the world. Section 196(4)(f)(ii) of the Constitution has made provision for the Public Service Commission(PSC) to investigate grievances of employees in the Public Services and furthermore to recommend appropriate remedies. However, there is a contradiction when implementing these procedures, as the PSC tends to follow their own set of guidelines with regard to the relevant procedures to be followed when dealing with grievances. Due to this, the public servant [s] rights are been under minded and they seem to lose all confidence and faith with the system. The individual have the potential of resolving the differences that exist amongst them, if it is based on the honest and transparent manner. As mentioned above, even though it is the duty of the PSC to implement the proper grievance procedure at work, its fairness and objectivity will be tested and discuss further in detail in this research. However, in the South African Police Services, due to the nature of their protocol which emphasised on the seniority dominated by rank structure, creates an environment of inequality. Meaning that junior officers are not encourage to challenge their superior on the hostile treatment as it will be viewed as a lack of discipline on the part of the junior officer. The grievance procedure therefore, serves as the formal vehicle which the union will encourage the employee to follow in seeking for justice against unfair treatment. In most case the employee are sceptical to file a grievance against their seniors, for fear of victimization, however, this might worsen the situation if it was not brought to the attention of the management. On many occasions the employees have rather taken a decision to resign due to pressure from the management. In terms of section 186(1)(e) of the Labour Relations Act, continued employment are made intolerable if the discontent experience by the employees becomes more and more imminent in the work environment. In a situation where the continued employment has become intolerable, the employee can claim constructive dismissal. This research looks at the different ways which the courts arrive at, when deciding on cases from the South African legal system, in order to determine which tests to apply when dealing with constructive dismissal.
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Mbwaalala, Ndemufayo Regto. "Can labour law succeed in reconciling the rights and interests of labour broker employees and employers in South Africa and Namibia?" Thesis, University of the Western Cape, 2013. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_9779_1380724825.
Full textAbstract:
The ever increasing regional and global trade competition has manifested itself in a growing number of non-standard forms of employment including the increasing use of "
temporary employment services"
(or &ldquo
labour brokers&rdquo
as commonly referred to). Labour brokers enter into employment relationships as third parties with client companies to supply employees through a commercial contract. These labour services usually fall outside the regular twoparty contract of employment defined under existing labour laws and thus the employees are not covered by that law. Labour brokers have been labelled as &ldquo
the re-emergence of new apartheid strategy&rdquo
and &ldquo
modern slavery&rdquo
by some quarters in labour sectors of Namibia and South Africa. Trade unions, particularly, have led the most vocal resistance against labour brokers in both countries. They argue that, like previous apartheid contract labour systems, labour brokers today erode standards for decent working conditions and weaken union representations in the workplace. Thus unions have repeatedly sent strong calls to lawmakers to amend existing labour laws and &bdquo
forever put labour broking in its grave where it belongâ1. On the other hand, employers have argued that recent forces of globalisation demand flexible employment strategies and banning labour brokers will make it more difficult for local businesses compete profitably globally via flexible short term employments and can lead to losses of many job opportunities.2 It is against this background that I will argue that current labour laws should be amended to define and regulate labour brokers more closely and compel them to recognise workers rights and conditions as equal as those of standard employees. But first, I will highlight some socio-economic indicators influencing the labour markets in South Africa and Namibia, including the history of workerâs rights under the contract labour systems in both countries. Second, I will look at some of the expressed exploitive conditions resulting from the use of labour brokers and also look at some reasons why businesses engage labour brokers. Thereafter I will point out some of the reasons why trade unions have called for a total ban on labour brokers. I will then discuss the difficulty of banning labour brokers, including the constitutional challenge in the landmark case of African Personnel Services v Government of the Republic of Namibia3. Lastly i will expand on the ruling by the Namibian Supreme Court of Appeal (NSA) recommending a regulatory approach in line with the International Labour Organisationâs (ILO) conventions on third-party employments.
25
Melnick, Elaine Millar. "Women's employment, sex discrimination, and the law : legal and administrative remedies in Great Britain, with some reference to the United States." Thesis, University of Surrey, 1986. http://epubs.surrey.ac.uk/688/.
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Kutumela, Malose Titus. "Legislative framework governing labour broking in South Africa." Thesis, University of Limpopo (Turfloop Campus), 2013. http://hdl.handle.net/10386/1134.
Full textAbstract:
Thesis (LLM (Labour law)) --University of Limpopo, 2013The study will analyse section 198 of the Labour Relations Act of 66 of 1995. The section is the founding provision of labour broking and also provides for joint and several liabilities between the client and the broker in instances of infringement of this section. The utilization of labour brokers in South Africa has sparked debates between various stake-holders, with the other side arguing that labour broking should be banned it diminishes the rights of employees. In order to resolve the challenge relating to labour broking the study will make comparative analysis with the Namibian jurisprudence. The study takes full cognize of legislative framework governing labour broking and determines whether the available legislation provide full protection of labour rights. Through case law the study will highlight the constitutional challenges o labour broking in South Africa and challenges faced by employees employees employed through labour broking. The study concludes tht the regulation of labour broking is appropriate as the industry creates employment nd thus alleviates poverty and that the total ban labour broking in South Africa would be detrimental to those who seek employment without the necessary skills and qualifications.
27
Le, Roux Rochelle. "The regulation of work : whither the contract of employment? : an analysis of the suitability of the contract of employment to regulate the different forms of labour market participation by individual workers." Doctoral thesis, University of Cape Town, 2008. http://hdl.handle.net/11427/4651.
Full textAbstract:
Includes abstract.Includes bibliographical references (leaves 258-302).
The focal research question of this thesis is the relevance of the contract of employment in modern employment. In answering this question three broad areas associated with the contract are explored: (1) the evolution of the contract of employment in South Africa and the dichotomy between the contract of employment and the independent contract; (2) the forms of engagement of workers in the South African labour market; and (3) alternative regulatory models with specific reference to models that are consistent with the South African Constitution. Using a comparative approach it is shown that the contract of employment in South Africa is in a relative state of unification. However, some assumptions about its historical evolution and the influence of Roman and Roman-Dutch law are overstated, and more recent developments, such as tax legislation, arguably had a greater influence on the dichotomising of labour law. The study of the South African world of work illustrates that modern work is performed in diverse ways. After illustrating that labour law has both countervailing and social developmental roles, it is concluded that the contract of employment as traditionally understood is no longer capable of performing these roles. It is further claimed that a process of diversification (as opposed to the unification of the contract of employment) will help to redefine the contract of employment and this may extend the coverage of labour legislation to those who, bearing in mind the purpose of labour law, ought to be protected by labour laws. Finally, it is argued that the South African Constitution provides a ready paradigm within which to achieve such a process of diversification which would ultimately lead to an extension of the coverage of labour laws.
28
Wiel-Rammeloo, Dominique Virginia. "De dienstbetrekking in drievoud : het bereik in arbeidsrecht, fiscaal recht en socialeverzekeringsrecht = Employment in triplicate : its scope in labour law, tax law and social security law /." Rotterdam : Kluwer, 2008. http://opac.nebis.ch/cgi-bin/showAbstract.pl?sys=000256260.
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Aldossari, Maryam. "Repatriation and the psychological contract : a Saudi Arabian comparative study." Thesis, Queen Mary, University of London, 2014. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8904.
Full textAbstract:
Studies related to psychological contracts have made significant contributions to our understanding of the exchange relationship between employees and employers. However, the influence of national/organisational culture on the psychological contract has largely been neglected. The thesis examines the influence of national and organisational culture on the way in which psychological contracts are constituted, and how they may change following international assignments and repatriation. The research examines differences in the nature, and consequences of, psychological contract fulfilment or breach across two Saudi organisations in the petroleum and petrochemicals sectors. A qualitative case study approach was adopted. The data were gathered using multiple methods, including interviews, non-participant observations and analyses of organisational documents. The findings reported in the thesis draw upon 60 semi-structured interviews with employees who had been repatriated within the previous 12 months, and 14 interviews with Human Resource (HR) managers in the two organisations, triangulated with extensive documentary analysis and observations. The research findings demonstrate the influence of strong national cultural values shaping organisational culture and HR practices in both organisations, which, in turn, influence the content of the psychological contract (i.e. expectations and obligations) at an individual level, both pre- and post-international assignment. Differences were identified between the two organisations in terms of the influence of different national cultural values on organisational culture and practices; these differences influenced individuals’ perceptions of whether their psychological contract had been fulfilled or breached post-international assignment. The implications of this research are also considered.
30
Labanauskaitė, Iveta. "Darbo sutarčių, sudaromų Europos Sąjungos šalyse, lyginamoji analizė." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2005~D_20060316_120825-95161.
Full textAbstract:
Author compares Labour Law in aspect of an Employment Contract (entering into a Contract and Contract realization) of five Member States: the Lithuanian Republic, the United Kingdom, the Italy Republic, the Poland Republic and the Hungary Republic; also identifice the correspondence of 5 Member States Labour Law in aspect of an Employment Contract to the requirements of the EU Member States Law. Information could be helpfull for students, experts of Labour Law and Laymen.
31
Kovacevic, Ljubinka, and Erika Kovács. "Change of Employer and Preservation of Employment: Serbian Experience in Light of European Law." University of Belgrade Faculty of Law, 2019. http://dx.doi.org/10.5937/AnaliPFB1902107K.
Full textAbstract:
Protection of employees in the event of a change of employer in Serbia was
first regulated by the Labour Act (2005). This was a result of the harmonization of
Serbian legislation with Council Directive 2001/23/EC, while the effect of the European
Court of Justice jurisprudence was negligible. Protection is guaranteed regardless
of whether the company identity has been preserved or not, thereby making it more
favourable than the European concept of transfer of undertaking. Nevertheless, the
relevant provisions of the Labour Act have often been evaded in practice, especially
when it comes to the application of the principle of preservation of employment. This
was facilitated by the content of certain legal provisions. There is a notable need for
their improvements, in order to enable employees to continue to work for the transferee
under the same working conditions and be protected from dismissals exclusively
or predominantly motivated by the change of employer.
32
Calleman, Catharina. "Turordning vid uppsägning." Doctoral thesis, Umeå universitet, Juridiska institutionen, 1999. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-17404.
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This dissertation explores the role of the regulations regarding seniority with respect to employee layoffs. The main focus of this inquiry is to explore the degree to which the regulations protect the groups of employees for which it is intended. The main area of interest is § 22 of the law regarding employment protection concerning protections for employees with long periods of employment and older workers. It contains an examination of the regulatory framework and an empirical survey of how these regulations were applied at a number of workplaces. The survey consists of thirty workplaces and illustrates how the protectionist purpose of the legislation can be minimized or enhanced as a result of the different decisions made by employers or labor unions and the deliberations behind the decisions. The empirical survey also roughly shows the outcome of the application of these regulations with respect to the surveyed groups at the workplaces.digitalisering@umu
33
Henningsson, Dan, and Susanna Åhlberg. "Personlig integritet mot Arbetsledningsrätt : Användandet av belastningsregistret i anställningsprocessen." Thesis, Karlstad University, Karlstad University, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-5189.
Full textAbstract:
Due to the wide usage of different databases administrated by the Swedish government to keep control over its citizen’s the issue has arisen concerning if this information is subject for other purposes then originally acknowledged. Executives induced in recruitment for labour has over the years extended their need for information accumulated by these systems. Especially data from the criminal records registry are now being used as a normal step in the employment process among a vastly growing spectrum of enterprises and businesses all over the country. This thesis aims to illuminate the subject by grasp to what extent the described behaviour can be considered legally accepted according to the law or if these actions are inflicting with the foundational juridical principles that has to be ensured by the Swedish government due to our constitutional law.
A strict jurisprudential method has been applied throughout the entire thesis to ensure the reliability of the results. The diversity of sources has gently been put together to assure the overall quality. Relevant information for the task has been analysed to illustrate how fine the line really is between the employers’ demand for information and personal integrity. Usage of information concerning crime as a measurement to evaluate individuals in the employment process can in general not be supported due to the information presented in this thesis. The overall reason to this statement is based on the assumption that employers misuse their rights with reference to the purposes which originally were predetermined to secure the criminal records registry from external access.
34
Tshiki, Pakamisa Washington. "The unfair labour practice relating to benefits." Thesis, Nelson Mandela Metropolitan University, 2005. http://hdl.handle.net/10948/386.
Full textAbstract:
At the outset of this treatise the development of the unfair labour practice is traced. The point is made that common law knows nothing about fairness and it is pointed out that the concept was introduced as a statutory concept in 1979. In 1995 the development of unfair labour practices since 1979 was relied upon to provide a list of unfair labour practices. The main thrust of the treatise concerns an evaluation of an unfair labour practice relating to benefits – listed presently in section 186(2) of the Labour Relations Act. Reference is made to Industrial Court cases and case law since 1996 is considered and commented upon. In particular, the issue of remuneration not being a benefit, and the fact that interest disputes are not justiciable as unfair labour practices for instance are canvassed.
35
Helm, Heinrich. "Proportionate income differentials: a long walk to social justice. A case study on the Entgeltrahmenabkommen (ERA) Baden-Wuerttemberg, a general agreement on pay grades, that seeks to achieve pay equity in this region of the German metal and electrical industry and a critical evaluation of how this model can assist in the implementation of section 27 of the Employment Equity Act (EEA) of South Africa." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/27531.
Full textAbstract:
Vertical income differentials between occupational levels in South Africa are among the highest in the world. Under apartheid skilled work performed predominantly by white employees was artificially overvalued, while unskilled work performed predominantly by black employees was systematically undervalued. These discriminatory social and legal norms laid the foundation for the existent disproportionate income differentials. The post apartheid government headed by Nelson Mandela acknowledged the existence of the apartheid wage gap. They were mindful that the vertical pay gap need not only be ‛deracialized', but needs to be eradicated. In this regard the South African Constitution of 1996 and the Employment Equity Act of 1998 (EEA) underpins the demand for non-discriminatory pay structures. Section 27 of the EEA was enacted to address disproportionate income differentials, but has not yet been adequately implemented. The purpose of this thesis is to consider whether the Entgeltrahmenabkommen (ERA) (a general agreement on pay grades) which resulted in the redesign of the pay structure in the German metal and electrical industry correcting long-standing pay differentials between socalled blue and white collar workers, can add value to the implementation of section 27 of the EEA. The thesis consists of six chapters. After the introduction chapter, chapters 2 and 3 consider the historical and current context of income inequality in South Africa; and chapters 4 and 5 provide a detailed analysis of the ERA in Germany and the recommendations that derive from the ERA. Chapter 6 concludes the thesis. There are important lessons to be derived both from the drafting and the implementation phases of the ERA. The ERA process revealed that being conscious of the different challenges that might arise in each phase is a prerequisite for success. The development of norms and benchmarks in the drafting phase minimised pay discrimination. The implementation phase of the ERA showed that prejudicial views and attitudes can hinder the complete eradication of discriminatory payment practices if sufficient heed is not paid to their strong influential role. This thesis concludes that the lessons derived from the implementation of the ERA can assist in introducing proportionate vertical income differentials as required by section 27 of the EEA.
36
Klerck, Gilton-Georg. "Fractured solidarities: labour regulation, workplace restructuring, and employment 'flexibility' in Namibia." Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1004898.
Full textAbstract:
A central concern of this thesis is the expansion, distribution and control of 'non-standard' employment in Namibia since independence. The employment relationship has assumed various historical forms under capitalism, each of which corresponds to a specific mode of regulation with distinct structural dynamics. An attempt is made to extend the regulation approach 'downwards' to account for the problem of order in the workplace and to place the employment relationship within its own regulatory framework. The point of departure in this study of the dynamics of labour regulation is the contradictory nature of labour's incorporation, allocation, control and reproduction within the labour market. The employment relationship is never only an economic exchange, but is also mediated through an institutional framework that connects the processes of production and social reproduction, and regulates conflicting interests inside and outside the workplace. This relationship, as critical realists have pointed out, is a product of the indeterminate intersection of several generative structures. The roots of these generative structures can be traced to three sets of social processes: the processes of production and the structuring of labour demand; the processes of social reproduction and the structuring of labour supply; and the forces of regulation. Non-standard employment is viewed as a particular social and spatio-temporal 'fix' for the various regulatory dilemmas generated by the standard employment relationship. This conception underscores the fact that a national system of labour regulation decisively shapes the conditions under which employers are able to casualise a part of their workforce. The differential experience across national boundaries suggests that analytical space needs to be provided for systems of labour market regulation which may either accentuate or moderate pressures for casualisation. Segmentation on the demand side of the labour market is explored through an analysis of the types of non-standard jobs created in different economic sectors. The various forms of employment 'flexibility' tend to vary in importance according to the specific manner in which a firm chooses to compete. Consequently, non-standard employees are distributed in a complex and uneven manner across industrial sectors and the occupational hierarchy, and face a diverse range of possibilities and liabilities that shape their levels and forms of participation in the labour market. By counteracting the homogenisation effects of labour law and collective bargaining, the mobilisation of cheap and disposable labour through non-standard employment contracts allows employers much greater discretion in constructing the wage-effort bargain. With non-standard employment, social and statutory regulation is weak or underdeveloped and hence managerial control is autocratic, with a significant contractual component. Although the changing social composition of the workforce associated with employment 'flexibility' poses serious challenges to the modes of organisation that have long served the labour movement, trade unions in Namibia and elsewhere have been slow to respond to the threats of casualisation. Of concern here, is the extent to which attempts to promote the security of existing union members is compatible with attempts to organise non-standard employees. This thesis shows that the unions have developed a complex amalgam of strategies in their efforts to regulate non-standard employment relationships.
37
Weber, Eckhardt. "Transfer of undertakings - the protection of employment in South Africa from adopting European law to present problems of Section 197 of the Labour Relations Act." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/4575.
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Sebardt, Gabriella. "Redundancy and the Swedish model : Swedish collective agreements on employment security in a national and international context /." Uppsala : Iustus, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-775.
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Auerbach, Simon. "The new regime in industrial conflict : a study of industrial conflict law in Britain established by the Employment Acts 1980 and 1982 and the Trade Union Act 1984." Thesis, University of Oxford, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.359565.
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Steiner, Jochen. "Mediation of employment disputes : a legal assessment." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0027/MQ50965.pdf.
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Moodaley, Antonio. "An analysis of the proposed amendments to the Labour Relations Act and other employment legislation." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1021117.
Full textAbstract:
South Africa’s Labour Laws should undergo drastic changes in 2014 when new amendments take effect. The bills amend the Labour Relations Act 66 of 1995 (LRA), Basic Conditions of Employment Act 75 of 1997 (BCEA) and the Employment Equity Act 55 of 1998 (EEA). These amendments originate from the increasing “casualisation” of work prevalent in the South African Labour market and aim to address the phenomenon of labour broking, the continuous renewal of fixed-term contracts and unfair discrimination regarding wages amongst others. The legislature effected additional amendments to these Acts to align them with new developments, to improve the functioning of the Commission for Conciliation, Mediation and Arbitration (CCMA) and to fulfil South Africa’s obligation as a member of the International Labour Organisation (ILO). 1 In addition, the amendments attempt to clarify the wording of the Labour Relations Act (LRA) to elucidate numerous significant judicial interpretations of various provisions of the current Act as well as to close what some believe to be loopholes in current legislation. There are differing views on the possible effects the amendments could have on the country; some believe that it will damage business while others believe it will affect job creation. 3 According to Bosch, the amendments allow employers flexibility without depriving employees of rights properly due to them. 4 The researcher emphasises topical issues such as the need for temporary employment services, entitlement to organisational rights and the abuse of fixed-term contracts and further discusses, to a lesser extent and focusing on discrimination, the Basic Conditions of Employment Act5 (BCEA) and the Employment Equity Act6 (EEA).
42
Petersen, Desmond. "Changing terms and conditions of employment in the South African labour relations arena -- the approach of the courts: A comparative analysis." University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&.
Full textAbstract:
This paper focused on how competing interests of employers and employees are accomodated in the South African Labour Relations arena. An analysis of the legislative framework was undertaken to establish how the legislation provides for changes in workplace practices as well as the protection that it affords employees against unwanted or unilateral changes. The main focus of the research was on how the South African Courts have interpreted the legislation and how it has applied the law in cases involving the changing of terms and conditions of employment, that has come before it.
43
Idrén, Anna-Karin, and Anna Mååg Mååg. "Flexibilitetens frammarsch, en studie om den intermittenta anställningen." Thesis, Högskolan Dalarna, Personal och arbetsliv, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:du-18350.
Full textAbstract:
Flexible working conditions is used extensively in organizations today as a way to create flexibility for the employer. Recently we’ve been reading in the newspapers that this approach is a growing problem and the EU has warned Sweden twice that abuse of these forms of employment must be stopped. The Government has recently submitted a proposed rule change to reduce the possibility of stacking one temporary contract after another. Borlänge kommun makes themselves more flexible with the intermittent employments. This study aims to examine why infrequent employments, such as the intermittent employment is used and preferred by Borlänge kommun and how it’s perceived by affected employees in the organization. The questions related, besides why the intermittent employment is used by the organization and how its perceived by those involved, also includes the management of intermittent employment and how the organization is handling work contracts. The background information on the employment law implications gives the reader an insight into how the regulatory framework works surrounding the topic. The theory section highlights the main theories about flexibility and its different shapes and perspectives. For the study a qualitative approach is used. A case study with semi-structured interviews was performed. The respondents were employees involved in the staffing of intermittent employees and also members of the staff with an intermittent employment. The results show that the employment and contracts is correctly handled by labour law regulations. This study shows that Borlänge kommun uses intermittent employments extensively, with its 1 320 intermittently employees. If this is abuse, or not, is not clear from the result. The authors discuss, however, if that is the case. The intermittent employment is used mainly because of the great needs. This is because society is changing and the average age is increasing, both by those using the services and the employees. All respondents perceive the intermittent employment as most flexible for the employees. Respondents working in the staffing department say that they are not flexible enough. The intermittent employees’ working today does not cover the great need. Borlänge kommun think that the flexibility should benefit them more and is currently trying to become more flexible. The employees were generally satisfied with their work situation. Some tendencies of insecurity and uncertainty could be inferred from the intermittent employees answers. The author’s conclusions are that flexibility and the intermittent employment contracts mainly benefit the employer and the employees who actively choose this type of work, such as students. This kind of employment affects, however, the society and those who need a secure lifestyle. The necessary permanent contracts are becoming fewer and replaced by precarious and flexible employment conditions.Flexibla arbetsformer används i dag flitigt i organisationer som ett sätt att skapa flexibilitet för arbetsgivaren. Nyligen har man kunnat läsa i tidningarna att detta arbetssätt är ett växande problem och EU har vid två tillfällen varnat Sverige att missbruk av dessa anställningsformer måste upphöra. Regeringen har i dagarna lagt ett föreslag på ändrade regler för att minska möjligheten att kunna stapla tillfälliga anställningar på varandra. Borlänge kommun gör sig mer flexibla med den intermittenta anställningen. Studien syfte är att undersöka varför den intermittenta anställningen används av Borlänge kommun och hur den upplevs av vissa berörda i organisationen. Frågeställningarna berör förutom, varför den intermittenta anställningen används i organisationen och hur den upplevs av berörda, även hanteringen av den intermittenta anställningen. Bakgrundsinformation om den arbetsrättsliga innebörden ger läsaren en inblick i hur regelverket ser ut kring anställningen och vad som krävs när det gäller avtalshantering. De teorier som används belyser främst teorier om flexibilitetens olika former och perspektiv, då den intermittenta anställningen är en del av den flexibla arbetsmarknaden. För undersökningen användes en kvalitativ metod. En fallstudie med semistrukturerade intervjuer genomfördes. Respondenterna var personal som arbetar med bemanningen av intermittent anställda samt intermittent anställda medarbetare. Denna studie visar att Borlänge kommun använder sig av timanställda i stor utsträckning, med sina 1 320 intermittent anställda. Om detta anses vara ett missbruk eller inte framgår inte av resultatet, författarna diskuterar dock om så är fallet. Resultat visar att anställningen och avtalen kring den intermittenta anställningen hanteras efter arbetsrättens regelverk. Den intermittenta anställningen används främst i kommunen för att behoven är stora. Detta främst på grund av att samhället förändras och medelåldern blir allt högre, både bland brukare och medarbetare. Den intermittenta anställningen upplevs idag av de respondenter som deltagit i undersökning som mest flexibel för arbetstagaren. De respondenter som arbetar på bemanningsavdelningen menar att de idag inte är flexibla nog. De timvikarier som arbetar idag täcker inte det stora behovet. Kommunen vill att flexibiliteten ska gynna arbetsgivaren mer och arbetar idag för att bli mer flexibla, bland annat genom att utöka den numeriska flexibiliteten med hjälp av utvecklade system för intermittenta anställningar. Medarbetarna var överlag nöjda med sin arbetssituation. Vissa tendenser till otrygghet och osäkerhet kunde utläsas ur respondenternas svar. Författarna har dragit slutsatsen att flexibiliteten och den intermittenta anställningen främst gynnar arbetsgivaren och de medarbetare som aktivt väljer denna typ av tjänst, till exempel studenter. Anställningen drabbar dock de som behöver en säker försörjning och samhället i stort. Nödvändiga tillsvidareanställningar blir färre och ersätts av otrygga och flexibla anställningsförhållanden.
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Gixana-Khambule, Bulelwa Judith. "Unfair discrimination in employment." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/359.
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In this treatise the South African law relating to unfair discrimination is discussed. The development is traced from the previous dispensation and the few pronouncements of the Industrial Court on discrimination in employment. Thereafter the actual provisions in the law presently applicable, including the Constitution is considered. With reference to leading cases the issue of positive discrimination by adopting affirmative action measures is evaluated and reference is made to other defences like inherent requirements for the job and a general fairness defence. The conclusion is reached that South African law is developing to give effect to the notion of substantive equality with a view to eradicate the systematic discrimination of the past.
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Carlson, Laura. "Searching for Equality : Sex Discrimination, Parental Leave and the Swedish Model With Comparisons to EU, UK and US Law." Doctoral thesis, Uppsala : Iustus, 2007. http://www.iustus.se/html/contents/menu/03_katalog/bookshop/describtion/6468.jpg.
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Windle, Branden R. "NLRB vs. the Boeing Company: Implications of the Board's Overreach." Scholarship @ Claremont, 2011. http://scholarship.claremont.edu/cmc_theses/231.
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On March 26, 2010 the International Association of Machinists and Aerospace Workers filed a complaint with the National Labor Relations Board alleging that The Boeing Company engaged in several unfair labor practices when it decided to build a second production facility for the 787 Dreamliner in a non-union facility in North Charleston, South Carolina. However, the NLRB’s charges are unwarranted and should be dismissed. Boeing’s competitiveness, as well as the overall American economy, is threatened by the precedent that would be set by a decision in favor of the union.
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Schulze-Marmeling, Sebastian. "Conflict at work and external dispute settlement : a cross-country comparison." Thesis, University of Manchester, 2013. https://www.research.manchester.ac.uk/portal/en/theses/conflict-at-work-and-external-dispute-settlement--a-crosscountry-comparison(f7b7c186-5541-418e-be6a-3bc3b6b311fa).html.
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The focus of both academic and public debate on the expression of work-related conflict has long been focused on strikes. Substantial declines in collective disputes have been associated with more harmonious and less conflict-laden employment relations. This research deals with another, often forgotten form in which conflict is manifested, namely the settlement of individual conflicts through labour courts or employment tribunals. Its aim is to explore and explain differences in application rates to national judicial bodies both across countries and over time. Using a novel database on 23 European Union Member States, it is found that a substantial degree of variance exists; claim rates across Europe differ substantially, and countries have developed along different lines. The explosion of court applications is found to be exceptional, and stability or volatility is identified in the large bulk of EU Member States. In order to explain cross-sectional and time differences, the research draws on wide range of literature, develops a new procedural concept of conflict, and proposes a comparative neo-institutionalist framework accounting for both institutions and actors. The theoretical discussion elaborates three sets of arguments to predict claim incidence. First, it is argued that the existence of comprehensive collective industrial relations institutions, particularly employee workplace representation and collective agreements, tend to reduce the frequency of labour court claims. Second, the amount and complexity of employment regulation is argued to have an impact on the incidence of court applications. Finally, cyclical economic conditions and individual characteristics of the potential grievant are expected to predict the phenomenon. Empirical evidence is presented from a range of different data sources, such as national administrative data and large-scale surveys for three country case studies on France, Germany and the United Kingdom. Findings support that all three sets of explanations contribute to the explanation of the incidence of labour court claims. Moreover, data seem to confirm the need for an interdisciplinary approach drawing on different bodies of literature.
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Pauw, Julius Bremer. "Statutory regulation of temporary employment services." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1019715.
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This treatise specifically explores section 198 of the Labour Relations Act, 66 of 1995, which regulate temporary employment service. However, before one can assess this section in particular, other legislation has to be considered dealing with temporary employment services, read in conjunction with the Constitution of the Republic of South Africa Act 108 of 1996 (hereinafter the “Constitution”), as all legislation is subject thereto. As summarised by Navsa AJ in the judgment of Sidumo& Another v Rustenburg Platinum Mines Ltd & Others: “The starting point is the Constitution. Section 23(1) of the Constitution of the Republic of South Africa, 1996 provides that everyone has the right to fair labour practices”. The Labour Relations Act, 66 of 1995 (hereinafter the “LRA”) is also subject to the Constitution, and section 198 has to be evaluated and assessed against the Constitution as is set out in section 1 of the LRA, which provides that: “The purpose of this Act is to advance economic development, social justice, labour peace and the democratisation of the workplace by fulfilling the primary objects of this Act, which are (a) to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution...” The LRA was drafted while the Interim Constitution was in effect, this being the reason why section 1(a) refers to section 27 of the Constitution, the Interim Constitution, and not the final Constitution, which was enacted in 1996. The Honourable Justice Conradie held in NAPTOSA & others v Minister of Education, Western Cape & others [2001] 22 ILJ 889 (C): “that the effect of section 1(a) is to ensure that the LRA “[marries] the enforcement of fundamental rights with the effective resolution of labour dispute temporary employment service . . . If an employer adopts a labour practice which is thought to be unfair, an aggrieved employee would in the first instance be obliged to seek a remedy under the LRA. If he or she finds no remedy under that Act, the LRA might come under constitutional scrutiny for not giving adequate protection to a constitutional right. If a labour practice permitted by the LRA is not fair, a court might be persuaded to strike down the impugned provision. But it would, I think, need a good deal of persuasion”. The Constitution and the LRA lay the basis for temporary employment services in the South African law context, and are the primary laws dealing with this topic. Although the main focus of the treatise is section 198 of the LRA in dealing with temporary employment services, it is evident that secondary labour legislation also regulates temporary employment services. It is noteworthy that each piece of legislation has different requirements and/or essentials regulating temporary employment services, even though some of the legislation have very similar provisions. Secondly, each of the pieces of legislation also determines and attaches different meanings to who the real employer is. This is important so as to establish who, as between the temporary employment service and its client, may be held liable for obligations arising out of the employment relationship. A tripartite relationship is created by temporary employment service arrangements, in that there is the temporary employment services –client relationship, the temporary employment service’s employer - employee relationship and the client –employee relationship, each with its own rights, obligations, and requirements for termination. A further focus of the treatise is the problems experienced in the employment relationship between the temporary employment service and its employees and the termination of the relationship. The difficulties and potential unfairness arising from termination of the relationship between the temporary employment service and its employees have resulted in legislative developments and proposed amendments, most notably the repeal of section 198. These proposals are discussed herein, including the question of whether section 198 should be repealed, or whether temporary employment services should be more strenuously regulated in order to resolve the problems being experienced with the application of section 198 in its present form. It is proposed in conclusion that temporary employment services be more strenuously regulated, as the repeal of section 198 will not be socially and economically beneficial to the workforce of South Africa, nor the Labour Market. Further, it would be contrary to the Constitution and purpose of the Labour Relations Act.
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Cholewinski, Ryszard. "Migrant workers in international human rights law : their protection in countries of employment /." Oxford : Clarendon Press, 1997. http://www.gbv.de/dms/spk/sbb/recht/toc/279985177.pdf.
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Smit, Karen. "Employment equity : guidelines for the recruitment and selection of people with disabilities in the open labour market." Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52258.
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Thesis (MA)--Stellenbosch University, 2001.ENGLISH ABSTRACT: Until very recent people with disabilities in South Africa were an overlooked and under-utilised pool of labour. Disabled people have been denied the chance to participate in employment opportunities by becoming economically active and hence contributing towards the economy of the country. This is because employers were seldom or never exposed to the employment of disabled people in the open labour market. The result is that employers are uninformed about the benefits of recruiting disabled candidates. Since the establishment of a new democratic order in South Africa in 1994, new legislation that protects the rights of disabled people was implemented. The Constitution of the Republic of South Africa (No 108 of 1996), the Labour Relations Act (No 66 of 1995) and the Employment Equity Act (No 55 of 1998) for the first time proclaimed that it is unlawful to discriminate against people with disabilities. The Employment Equity Act (No 55 of 1998) encourages employers to employ persons from designated groups. These designated groups are black people, women and people with disabilities. To enable employers to successfully recruit disabled people in the open labour market, existing recruitment and selection procedures should be reviewed to remove any discriminatory elements. It is during the recruitment and selection process that the disabled applicant are either denied access to employment or not given a fair chance to compete for a position. Currently the Employment Equity Act (No 55 of 1998) only mentions the terms "people with disabilities" and "reasonable accommodation". This Act does not provide guidelines for employers on how to go about recruiting and employing disabled candidates. Therefore the aim of the study is to present practical guidelines regarding the employment of people with disabilities. These guidelines describe in a non-discriminatory manner the recruitment and selection process, such as reviewing job descriptions, the advertisement of positions, interpreting the disabled candidates' curriculum vitae and interviewing the disabled applicant. The idea of reasonable accommodation within the workplace highlights the use and benefits of assistive devices for disabled persons so that the essential functions of a job can be performed. Exploratory-descriptive research was done with the assistance of questionnaires as an instrument for data collection. To meet the aims of this study, an availability sample of 20 businesses (small, medium and large businesses) which also included government departments in the Cape Metropolitan area was selected. The opinions and attitudes of human resources staff and business owners concerning the recruitment of physically disabled people, persons with hearing impairments, persons with visual impairments and persons suffering from epilepsy, were determined. The research findings reflected and discussed in this study indicate that employers do not have recruitment and selection guidelines available to recruit persons with different disabilities successfully. Conclusions and recommendations are made regarding the knowledge and opinions of employers recruiting people with disabilities. The use of recruitment and selection guidelines will benefit both the employer and the disabled candidate. Such guidelines will enable employers to recruit disabled persons in a fair and consistent manner.
AFRIKAANSE OPSOMMING: Tot onlangs was persone met gestremdhede in Suid Afrika onderbenut in die arbeidsmag. Gestremde persone is verhoed om deel te neem aan werksgeleenthede en kon dus nie aktiewe bydraes lewer tot die ekonomie van die land nie. Die rede hiervoor is omdat werkgewers selde of nooit blootgestel is aan die indiensneming van gestremde persone in die ope arbeidsmark nie. Die gevolg is dat werkgewers onkundig en oningelig is oor die voordele wat die indiensneming van persone met gestremdhede bied. Sedert die ontstaan van 'n nuwe demokratiese bedeling in 1994, is nuwe wetgewing daargestel wat die regte van persone met gestremdhede beskerm. Die Konstitusie van die Republiek van Suid Afrika (Nr 108 van 1996), die nuwe Arbeidswet (Nr 66 van 1995) en die Gelyke Indiensnemingwet (Nr 55 van 1998) het vir die eerste keer verklaar dat dit onwettig is om te diskrimineer teen gestremde persone. Die Gelyke Indiensnemingswet (Nr 55 van 1995) moedig werkgewers aan om persone van agtergeblewe groepe in diens te neem. Hierdie agtergeblewe groepe sluit in swart persone, vroue en persone met gestremdhede. Om werkgewers in staat te stel om persone met gestremdhede suksesvol te werf, behoort huidige werwings- en keuringsprosedures hersien te word ten einde diskriminerende faktore te elirnineer. Dit is tydens die keuringsproses dat persone met gestremdhede of verhoed word, of die regverdige kans gegun word om te kompeteer vir 'n betrekking. Die Gelyke Indiensnemingswet (Nr 55 van 1998) noem slegs die terme "persone met gestremdhede" en "redelike voorsorg". Hierdie wet verskaf nie riglyne aan werkgewers oor hoe om werwing en keuring van persone met gestremdhede te behartig nie. Die doelwit van die studie is dus om praktiese riglyne aangaande aanstelling van persone met gestremdhede daar te stel. Hierdie riglyne beskryf die wyse van werwing en keuring op 'n niediskriminerende wyse, soos die hersiening van posbeskrywings, advertensies van betrekkings, die interpretering van gestremde persone se curriculum vitae en die voer van onderhoude met gestremde applikante. Redelike voorsorg beklemtoon die gebruik en voordele van hulpmiddels vir persone met gestremdhede sodat die essensiele werksfunksies verrig kan word. Verkennende beskrywende navorsing is gedoen met behulp van vraelyste om inligting te bekom. Vir die doelwitte van hierdie studie is 'n beskikbaarheidsmonster van 20 besighede (klein, medium en groot besighede), wat regeringsdepartemente ingesluit het in die Kaapse Metropolitaanse gebied gekies. Die menings en opinies van menslike hulpbronne personeel, en besigheidseienaars rakende die werwing van persone met fisiese gestremdhede, persone met gehoorgestremdhede, persone met gesigsgestremdhede asook persone wat aan epilepsie Iy, is vasgestel. Die navorsingresultate van hierdie studie dui aan dat werkgewers tans nie werwings- en keuringsriglyne benut wanneer persone met gestremdhede in diens geneem word nie. Gevolgtrekkings en aanbevelings oor die menings van werkgewers rakende die werwing van gestremde persone, is gemaak. Die gebruik van werwings en keuringsriglyne behoort beide die werkgewer en die gestremde kandidaat te bevoordeel. Hierdie riglyne sal werkgewers in staat stel om persone met gestremdhede op 'n regverdige en eenvormige wyse aan te stel.