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Littérature scientifique sur le sujet « Employee leasing services – Law and legislation »
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Articles de revues sur le sujet "Employee leasing services – Law and legislation"
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Беляева, Ольга, et Olga Belyaeva. « The Federal Law “On Procurement of Goods, Works and Services by Particular Types of Legal Persons” : Scope of Application in Contractual Relations ». Journal of Russian Law 2, no 8 (22 septembre 2014) : 25–31. http://dx.doi.org/10.12737/5273.
Texte intégralRésumé :
The author offers discussion on a problem of a ratio of the concept «Рrocurement» with different types of civil contracts; in article the rent and leasing relations, contracts on charity, «frame» contracts are consistently shined. The author reasons arguments that the called contracts don’t fall within the scope of regulation of the Federal law of 18 July 2011 No. 223-FZ. The author speaks inexpediency of application of frame contracts in the Russian contractual practice. The article subject opens scientific discussion about a ratio of the civil legislation and the procurement legislation.
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Makovii, Viktor, Svitlana Voloshyna, Yaroslav Kushnir, Iryna Mykhailova et Serhii Tsarenko. « Contract for the Provision of Services and Labor Contract : A Comparative Analysis of Consequences for Parties Under Ukrainian Legislation ». European Journal of Sustainable Development 10, no 1 (1 février 2021) : 466. http://dx.doi.org/10.14207/ejsd.2021.v10n1p466.
Texte intégralRésumé :
The article analyzes the legal consequences of concluding a labor contract and a contract for the provision of services. The need for such an analysis is due to the fact that employers often prefer to conclude civil law contracts with employees instead of labor contracts, since the latter are less beneficial for them. At the same time, for an employee, the conclusion of a contract for the provision of services instead of an employment contract entails the deprivation of all guarantees provided for by labor legislation. The historical prerequisites for the existence of similarities between labor and civil contracts are examined in the article. In order to distinguish between these types of contracts, a comparative analysis of the legal nature and consequences of the conclusion of an employment contract and a contract for the provision of services is carried out. The article analyzes the guarantees that are provided for by labor legislation and are aimed at ensuring the human right to work. It is concluded that when concluding civil contracts, these guarantees are lost, which significantly worsens the position of the employee. In this regard, the article analyzes the recommendations of the International Labor Organization aimed at distinguishing between civil and labor legal relations. The conclusion is made that it is necessary to consider these recommendations in the national legislation of all Member States.
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Duraj, Tomasz. « Powers of Trade Union Activists Engaged in Self-Employment – Assessment of Polish Legislation ». Acta Universitatis Lodziensis. Folia Iuridica 95 (30 mars 2021) : 83–100. http://dx.doi.org/10.18778/0208-6069.95.08.
Texte intégralRésumé :
The objective of the foregoing article is an analysis of the rights which the Polish legislature granted to self-employed trade union activists after the extension of coalition rights to these persons. In this regard, the trade union law extended to self-employed persons working as sole traders protection, which until 2019 was reserved exclusively for employees. Pursuant to the amendment of July 5, 2018, self-employed trade union activists were granted – based on international standards – the right to non-discrimination on the basis of performing a trade union function, the right to paid leaves from work, both permanent and ad hoc in order to carry out ongoing activities resulting from the exercise of a trade union function, and the protection of the sustainability of civil law contracts which form the legal basis for the services provided. the exercise of a trade union function, and the protection of the sustainability of civil law contracts which form the legal basis for the services provided. The author positively assesses the very tendency to extend employee rights to self-employed persons acting as union activists. However, serious doubts are raised by the scope of privileges guaranteed to non-employee trade union activists and the lack of any criteria differentiating this protection. Following the amendment of the trade union law, the legislator practically equates the scope of rights of self-employed trade union activists with the situation of trade union activists with employee status. This is not the right direction. This regulation does not take into account the specificity of self-employed persons, who most often do not have such strong legal relationship with the employing entity as employees. The legislature does not sufficiently notice the distinctness resulting from civil law contracts, which form the basis for the provision of work by the selfemployed the separateness resulting from civil law contracts, which constitute the basis for the performance of work by the self-employed. According to the author, the scope of rights guaranteed de lege lata to self-employed union activists constitutes an excessive and unjustified interference with the fundamental principle of freedom of contract on the basis of civil law employment relations (Art. 3531 of the Civil Code). From the point of view of international standards, it would be enough to ensure the right of these persons to non-discrimination on the basis of performing a trade union function; the right to unpaid temporary leaves from work in order to perform current activities resulting from the performed trade union function; the right to high compensation in the event of termination of a civil law contract with a self-employed trade union activist in connection with the performance of his functions in trade union bodies and full jurisdiction of labour courts in cases arising from the application of trade union law provisions. The disadvantage of the regulation at issue is also that Polish collective labour law does not in any way differentiate the scope of the rights and privileges guaranteed to self-employed trade union activists, ensuring the same level of protection for all. In that area, it appears that the legislature de lege ferenda should differentiate the scope of that protection by referring to the criterion of economic dependence on the hiring entity for which the services are provided.
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Sanetra, Walerian. « BETWEEN WORK AND EMPLOYMENT. SOME CONCEPTUAL COMMENTS ». Roczniki Administracji i Prawa 3, no XXII (30 septembre 2022) : 19–34. http://dx.doi.org/10.5604/01.3001.0016.2379.
Texte intégralRésumé :
The study presents the understanding of the concept of work and the concept of employment with which we deal in legislation, jurisprudence, science and didactics of labour law. The relationship between these basic categories of concepts is particularly intricate and the subject of serious controversy. The category of work is the most important and superior concept in relation to employment. Historical, axiological, technical-legislative and practical reasons speak for this. The broad understanding of work includes not only labour relations but also other relations related to it., i.e. those that make up the subject of labour law, including so-called non-employee employment relationship (civil, administrative, constitutionaland penal type). In choosing between work and employment, priority should be given to work. This leads to the conclusion that the concept an employment relationship should be understood as broadly as possible. This is achieved by limiting the importance of employee subordination in definition of an employment relationship. This, in turn, leads to a tightening of scope of the concept of a non-employee employment relationship of the civil law type (from the mandate contract, contract for the provision of services).
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Bugaevskaya, Natalia V. « Responsibility for corruption in the field of procurement for state or municipal needs : Novelties of criminal legislation ». Vestnik of Saint Petersburg University. Law 13, no 2 (2022) : 433–51. http://dx.doi.org/10.21638/spbu14.2022.209.
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The article presents a doctrinal interpretation of norms of criminal law that establish responsibility for abuses in the procurement of goods, works, and services for state or municipal needs (Art. 2004 of the Criminal Code of the Russian Federation) and bribery of a contract service employee, contract manager, or member of the procurement commission (Art. 2005 of the Criminal Code of the Russian Federation). The purpose of the study was to help a law enforcement officer in understanding the criminal-legal characteristics of the elements and signs of the above-mentioned elements of corruption crimes, in their difference from related acts, such as abuse of official position, misappropriation of budgetary funds, embezzlement using official position, receiving and giving bribes. Special attention was paid to the distinctive features of the subjects of crimes in the field of procurement of goods, works, services for state or municipal needs. The principles of qualification are explained when a crime is committed by a group of persons by prior agreement if there are special subjects in the composition of the crime. Thanks to the use of such a research method as system-structural analysis, objective and subjective signs of the corpus delicti are presented in detail, criminal liability for which is fixed in Art. 2004 and 2005 of the Criminal Code of the Russian Federation. The conclusions point to the need for careful identification of the signs of the objective side, the subject and the subject of crimes, since they are crucial for the application of the qualification rules.
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Atiyyat, Taha. « The Legitimacy of the Public-Sector Employee’s Strike in the Jordanian Legislation : A Study Case ». Asian Social Science 17, no 4 (31 mars 2021) : 35. http://dx.doi.org/10.5539/ass.v17n4p35.
Texte intégralRésumé :
The national and international have endorsed the act of striking as a basic common right that is carte blanche but confined to local laws and regulations. The issue, however, has been an area of controversy; a number of countries have been diverse in their stance in terms of banning such an act or legalize I. Jordan is one of the countries which ban the public-sector employee to strike in order to ensure the public facilities and services necessary fir the citizen’s daily-life activities and needs, noting that this ban in exempted from the private-sector employees in accordance to the labour law.
So many legislators have highlighted the right and obligations of the pubic-sector employee, focusing the attention on his right in striking to a great extent that might expose his right to be confined in case of a conflict with the principle of public utility. Over history, many countries have been legitimizing the right of striking for the public-sector employees because of several reasons. First, conducting a strike might be harmful for the stream of public utitlity. In addition, this act represents in a way one of the vital features of the state’s sovereignty.
Despite the fact that many countries have joined the international conventions that ensure the public-sector employee, known as public official, in striking, the Jordanian legislator has not exercised this right on real grounds in the space of the employee’s profession, but he has been satisfied with the words that ban employees to strike as documented in the Civil Service Regulations. The legislator considers striking as any illegal conduct resulting in dangerous consequences and disruption in the public utility regularly and steadily.
This study will tackle the legitimacy of the public-sector employees in the Jordanian law. The attention will be focused on the Jordanian teachers;’ strike as a study case with reference to the Jordanian Constitution, including the relevant bylaws and regulations, the provisions of Jordanian courts like the Constitutional Court of Jordan and the Supreme Administrative Court of Jordan.
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Savchenko, T., et L. Mynenko. « FORMATION OF UKRAINE TRANSPARENCY BANKING ». Vìsnik Sumsʹkogo deržavnogo unìversitetu, no 4 (2019) : 35–41. http://dx.doi.org/10.21272/1817-9215.2019.4-4.
Texte intégralRésumé :
The article analyzes requirements of the National Bank of Ukraine for transparency of banks, banking groups and non-banking financial market participants. Transparency development process in the Ukrainian banking sector considered in a dynamic and in context of the EU's transparency requirements. Authors came to conclusion that the National Bank of Ukraine have to extended last achievements at banks transparency issues on activities of banking groups and to non-banking financial institutions. This conclusion based on rudiments of effective supervision of banking groups on a consolidated basis, as well as the adoption by the Verkhovna Rada of Ukraine of the Law on "Split". This law extends the National Bank's responsibility in the supervision of non-banking financial institutions (insurance, leasing, financial companies, credit unions, pawnshops and credit bureaus) since July 2020. Therefore, the National Bank should introduce new regulatory requirements to increase the transparency of banking groups and non-bank financial intermediaries. These reforms will establish uniform approaches and standards for disclosure of information on the activities of financial institutions, as well as provide the harmonization of national legislation with EU requirements. Expanding the list of public reporting information and establishing proper reporting intervals will ensure the stable functioning of the financial market and will increase the confidence in the financial system by the users of financial services. These measures will also help management of the financial organization to make informed decisions in defining their development strategy. Besides, they will provide further development of the competitive environment in the financial services industry. Keywords: transparency of banking system, transparency requirements, bank, banking group.
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Islomqulova, Shokhsanam. « LABOUR RELATIONSHIPS IN CIVIL LAW. DIFFERENCE BETWEEN LABOUR AND CIVIL CONTRACTS ». JOURNAL OF LAW RESEARCH 6, no 9 (30 septembre 2021) : 25–32. http://dx.doi.org/10.26739/2181-9130-2021-9-3.
Texte intégralRésumé :
This article examines how and by what normative legal acts labor relations in civil law are regulated. This article analyzes errors and shortcomings in civil law contracts related to the provision of services in practice, as well as difference labor contracts and civil law contracts and errors that are allowed in their registration. The aspects and proposals that are necessary to eliminate and prevent offenses are also emphasized. The content, form, parties to the contract, obligations and rightsof the parties, obligations for violation of the contract, grounds for termination of the contract are also highlighted. And each of these above-listed aspects is compared with an employment contract. The differences arising from the comparison were studied by Russian and English scientists and their judgments on this situation were translated. Civil contracts regulating labor relations are considered on the example of the legislation of foreign states and the Republic of Uzbekistan. The advantages and disadvantages of a civil contract, its difference from employment contracts were explained by comparison in separate tables.Keywords:civil law contract, fee service contract, labor contract, contractor, customer, employee, employer, terms of contract
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Girich, Maria G., Kristina V. Ivanovicheva et Antonina D. Levashenko. « Taxation and Social Insurance for Employees of Online Platforms : Comparison of Russian and International Experience ». Financial Journal 14, no 3 (juin 2022) : 44–60. http://dx.doi.org/10.31107/2075-1990-2022-3-44-60.
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The issue of online platforms’ employment is topical due to the emergence of questions of application of labor law, taxation and social insurance to such persons providing services via platforms. The purpose of this article is to develop recommendations regarding the regulation of relations arising between the platform and its employee in Russia, including the application of labor and business legislation, taxation and social insurance of such persons, taking into account the comparison of the legal regulation in Russia and in foreign countries. The methodology of the work is based on a comparative legal analysis of legal documents in foreign countries (Spain, Great Britain, Italy, France) and Russia. One of the international trends in the regulation of employment on online platforms is the application of labor laws to regulate the relationship between the employee and the platform, or the introduction of a special status of a “quasi-employee” with the provision of platforms with certain obligations to ensure the employment rights of employees. In Russia, the legal status of platform employees is not defined, it is not defined, e.g. whether a person is an employee, an entrepreneur, or a legal entity. For tax purposes, platform employees are usually self-employed (professional income taxpayers), so the article compares the approaches to taxation of such employees in Russia and in foreign countries. Furthermore, the selfemployed in Russia cannot pay social insurance contributions; the article discusses the approaches of foreign countries to social insurance of the self-employed, as well as the issue of the emergence of platforms’ obligations for social insurance of their employees, considering the application of labor law to the activities of those platforms.
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ME Manamela. « The Contest Between Religious Interests and Business Interests ‒ TFD Network Africa (Pty) Ltd v Faris (2019) 40 ILJ 326 (LAC) ». Obiter 41, no 4 (24 mars 2021) : 961–73. http://dx.doi.org/10.17159/obiter.v41i4.10498.
Texte intégralRésumé :
The right to freedom of religion is one of the fundamental human rights. This is evident from several sections of the Constitution of the Republic of South Africa, 1996 (the Constitution), including sections 9, 15 and 31. Section 9(4) prohibits unfair discrimination (whether direct or indirect) against anyone on one or more of the grounds listed in section 9(3), which includes religion. Section 15(1) states that everyone has the right to freedom of conscience, religion, thought, belief and opinion, while section 31(1)(a) provides that persons belonging to a religious community may not be denied the right to practise their religion with other members of the community.In line with the Constitution, labour legislation such as the Labour Relations Act 66 of 1995 (LRA) and the Employment Equity Act 55 of 1998 (EEA) also protects this right. Section 187(1)(f) of the LRA provides that if an employee is discriminated against and is dismissed based on religion, among other grounds, such a dismissal will be deemed to be an automatically unfair dismissal. Section 6(1) of the EEA prohibits unfair discrimination, whether direct or indirect, in any employment policy or practice based on prohibited grounds such as religion. It is evident from all the above provisions that the right to freedom of religion is vital to people’s lives, including employees’ lives.Although an employee has the right to practise religion, he or she also has the common-law duty to render services or to put his or her labour potential at the disposal of the employer as agreed in terms of the contract of employment – except during the employee’s annual leave, sick leave and maternity leave. An employee may therefore be in breach of this duty if he or she refuses to work or deserts his or her employment or absconds from his or her employment or is absent from work without permission. In addition to the above duty, employees have a duty to serve the employer’s interests and to act in good faith.
Often, employees’ right to freedom of religion collides with their duty to render services and to serve the employer’s interests; employees present various reasons related to their religious practices for their failure to render services. As a result, employers are regularly required to be lenient and make efforts to accommodate employees’ religious beliefs in the workplace. At times, this becomes a burden to employers as they have to accommodate employees with diverse individual religious interests, but also ensure that their businesses remain operational. Religion remains one of the most contentious and problematic areas for employees and employers to deal with in the workplace.The discussion that follows evaluates the court’s finding in view of relevant constitutional provisions, labour law legislation and common law. It further considers the position under American law regarding religion and reasonable accommodation in the workplace.
Thèses sur le sujet "Employee leasing services – Law and legislation"
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Tsebe, Mogaba Daniel. « "The impact of the Labour Relations Act, 1995 (ACT 66 of 1995) on the transformation of the public service delivery at Mokopane Hospital in Limpopo" ». Thesis, University of Limpopo (Turfloop Campus), 2008. http://hdl.handle.net/10386/732.
Texte intégralRésumé :
Thesis (MPA. (Public Administration) -University of Limpopo, 2008Today, in South Africa, as we grapple with challenges brought by our new democracy, its appropriate to have practical guide that guide that can be used not primarily on issues of labour relations but also on issues of service delivery improvements. This study comes at the most opportune time, when all involved have to help shaping the public service and to come to grips with the implications of Labour Relations Act, 1995 (Act 66 of 1996). The study’s main objective is to find out the major labour related conflicts that are prominent at Mokopane Provincial Hospital and broadly discuss them in order to find out if they are threats to service delivery. After identifying threats to service delivery, it shall be appropriate to recommend through the application of the Labour Relations Act, 1995 (Act 66 of 1995), important areas that will enhance service delivery. In brief, this study is intending to close gaps between labour relations issues and service delivery.
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JONES, Emma L. « Protecting the unprotected worker ? : the re-regulation of agency work ». Doctoral thesis, 2004. http://hdl.handle.net/1814/4667.
Texte intégralRésumé :
Defence date: 15 January 2005Examining board: Prof. Silvana Sciarra (Supervisor, European University Institute) ; Prof. Marie-Ange Moreau (European University Institute) ; Prof. Bob Hepple (University of Cambridge) ; Prof. Alan C. Neal (University of Warwick)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
Livres sur le sujet "Employee leasing services – Law and legislation"
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Leitner, Ulrich. Arbeitnehmerüberlassung in dere [sic] Grauzone zwischen Legalität und Illegalität. Spardorf : R.F. Wilfer, 1990.
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Menting, Erich. Probleme und Perspektiven der Arbeitnehmerüberlassung. [S.l : s.n., 1993.
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Thüsing, Gregor. Arbeitnehmerüberlassungsgesetz : Kommentar. 3e éd. München : Beck, 2012.
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Becker, Friedrich. Kommentar zum Arbeitnehmerüberlassungsgesetz. 3e éd. Neuwied : Luchterhand, 1985.
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Schüren, Peter. Arbeitnehmerüberlassungsgesetz : Kommentar. 4e éd. München : Beck, 2010.
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Troppenz, Elke. Leiharbeit in Japan : Arbeitsrechtliche Grundlagen und praktische Ausgestaltung. Bochum : N. Brockmeyer, 1994.
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Michele, Tiraboschi, Biagi Marco 1950-, Italy et Italy, dir. La riforma del collocamento e i nuovi servizi per l'impiego : Commentario al D. lgs. 19 dicembre 2002, n. 297 e prospettive di attuazione dell'articolo 1, Legge 14 febbraio 2003, n. 30. Milano : Giuffrè, 2003.
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Thüsing, Gregor, et Jörn Axel Kämmerer. Arbeitnehmerüberlassungsgesetz (AÜG) : Kommentar. München : Beck, 2005.
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Stefener, Klaus. Die Haftung des Verleihers in Überlassungsverhältnis zum Entleiher bei der gewerblichen Arbeitnehmerüberlassung und deren Gestaltung durch Allgemeine Geschäftsbedingungen. Münster : K. Stefener, 1999.
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Ulber, Jürgen. AÜG, Arbeitnehmerüberlassungsgesetz und Arbeitnehmer-Entsendegesetz : Kommentar für die Praxis. 2e éd. Frankfurt am Main : Bund-Verlag, 2002.
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