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1
Chan, Sung-tai. « The enforcement of labour legislation in Hong Kong : a study of industrial safety regulations / ». [Hong Kong : University of Hong Kong], 1986. http://sunzi.lib.hku.hk/hkuto/record.jsp?B12323196.
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2
Chan, Sung-tai, et 陳崇泰. « The enforcement of labour legislation in Hong Kong : a study of industrial safety regulations ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1986. http://hub.hku.hk/bib/B31974697.
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3
Natalicchio, Marcela. « Beyond the letter of the law : transforming labor institutions and regulations in Argentina ». Thesis, Massachusetts Institute of Technology, 2006. http://hdl.handle.net/1721.1/35544.
Texte intégralRésumé :
Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Political Science, 2006.Includes bibliographical references (leaves 260-270).
This dissertation analyzes the factors that lead to the transformation of labor regulations and institutions after the opening of previously closed economies, using the case of Argentina as a "crucial case". In the 1990s, almost every government in the Latin American region attempted to reform its labor code and systems of labor relations. However, despite these attempts at reform, the labor codes and their systems of labor relations appeared resilient to change. The bulk of the literature on the political economy of reforms had concluded that labor unions had managed to stall or derailed these attempts, although unions had been unsuccessful at stopping all other market-oriented reforms. I conceptualized the labor codes and the system of labor relations considering the way they work in practice, including informal arrangements, and I use the notion of "labor regimes". This conceptualization differs from the dominant approach on this issue, which focuses almost exclusively on changes in labor codes approved by Congress. Using this approach, I argue that a system of rigid labor laws and centralized bargaining institutions in a more competitive, pro-business environment tends to get relaxed and more decentralized.
(cont.) However, changes do not necessarily occur through modifications in the overall national legal framework. Changes occur through: 1) layers of regulations that overlap with the old system, and 2) new practices of the main stakeholders on the ground that may create new institutional arrangements. In order to understand the direction and scope of these changes, focusing exclusively on the interests of central unions, business associations and the state at federal level will only render a partial explanation at best. Instead, a more societal and micro political approach is required. I argue that how the balance of power between business and labor at the local level plays out, the extent to which the interests of unions and business align at the local level as opposed to the legislative arena, and the characteristics of the previous institutions of industrial relations play a larger role in explaining why and how changes occur.
by Marcela A. Natalicchio.
Ph.D.
4
Ulloa, Millares Daniel Augusto. « The Internal Labor Regulations as a source of Law : importance and jurisprudential vision ». IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/123709.
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The Internal Labor Regulations is a rule law that could be created by the employer. In that sense, its position in the system of sources is residual because it can not contravene the government rules nor the collective agreement content. However, case law has considered it many times to assess the validity of a dismissal or the existence of an employment relationship. This article seeks to review these issues and to assess the validity of the rule that regulates it (Supreme Decree 39-91-TR).El Reglamento Interno de Trabajo es una norma que puede ser creada por el empleador. En ese sentido, su posición en el sistema de fuentes es residual dado que no puede contravenir el contenido de las normas heterónomas, ni tampoco al convenio colectivo. Sin embargo, la jurisprudencia lo ha considerado muchas veces para evaluar la validéz de un despido o la existencia de una relación laboral. El presente artículo busca repasar esos temas, así como evaluar la vigencia de la norma que lo regula (Decreto Supremo 39-91-TR).
5
Fomosoh, Raymond Awa. « Globalisation and work regulation in South Africa ». Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8106_1310982701.
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This research paper examines the different forms of employment patterns that have emerged as a result of globalisation as well as the mechanisms that have been used by the legislator to accommodate those in non-standard employment relationships.
6
Klerck, Gilton-Georg. « Fractured solidarities : labour regulation, workplace restructuring, and employment 'flexibility' in Namibia ». Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1004898.
Texte intégralRésumé :
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.
7
Gunguta, Thembeka Maureen. « The regulation of sick and incapacity leave in the public sector ». Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/16087.
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The Public Service is service delivery driven, and is dependent on the quality, skill and performance of the employees to carry through its business. It is therefore imperative that the policies and systems pertaining to human capital are effectively and efficiently managed. The Basic Conditions of Employment Act regulates the basic conditions of employment and states that employees’ may be absent from duty due to illness. The public sector uses the Determination on the Leave of Absence in the Public Service as a tool to regulate leave in the public sector. The Determination provides employees with 36 paid sick days to be utilised by an employee within a three-year cycle. In cases where an employee has exhausted the sick leave, the employer may grant Temporary Incapacity Leave, which is discretional. The Public Service Commission has a constitutional obligation to monitor the performance of the public sector and produce reports covering the human resources management practices. With regards to the management of leave in the public sector, the reports reveal the abuse of sick leave by employees, non-compliance and the in-effective management. The Department of Public Service and Administration then developed the PILIR as a guide to manage and administer sick and incapacity leave in the public sector. This treatise therefore, discusses the regulation of sick and incapacity leave in the public sector and investigates the extent to which the applicable legislative framework is effective. The discussion uses the Labour Court judgment in the matter between The Public Service Association & Others versus the PSCBC & Others as reference, and further evaluates the judicial jurisprudence to demonstrate the extent of contentions of the private sector employers by the employees. Furthermore, this treatise seeks to evaluate the extent of similarities or differences of the practices both the private sector and the municipalities. In conclusion, the treatise makes recommendations on the best practices that can be adopted by the public sector to turn the situation around.
8
Murray, Kristen. « Sex work as work : labour regulation in the legal sex industry in Victoria / ». Connect to thesis, 2001. http://eprints.unimelb.edu.au/archive/00000517.
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9
Chatton, Gregor T. « Die Verknüpfung von Handel und Arbeitsmenschenrechten innerhalb der WTO : politisches Scheitern und rechtliche Perspektiven / ». Geneve : Schulthess, 2005. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=014174911&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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10
Downey, Michael J. « The incorporation of ILO Conventions into Hong Kong legislation and the implications for the Hong Kong Special Administrative Region ». Thesis, Click to view the E-thesis via HKUTO, 1992. http://sunzi.lib.hku.hk/HKUTO/record/B38627796.
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11
Tse, Sau-kuen. « Labour policy and the protection of the legal entitlements of private sector employees ». [Hong Kong : University of Hong Kong], 1992. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13236416.
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12
Mejía, Madrid Renato. « The extent of labor regulation on production descentralization ». THĒMIS-Revista de Derecho, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/108318.
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Employment decentralization is a newly emerging phenomenon. Nowadays, many companies delegate the work to others through a decentralization of production, thus affecting the traditional view of labor relations. This has been picked up by Labor Law which has regulated labor relations arising from this decentralized production.In this article, and in the light of doctrine and the jurisprudence of the Peruvian Supreme Court, the author develops the concepts of outsourcing and job placement, as well as the requirements to which they are validly given.La descentralización laboral es un fenómenode reciente surgimiento. Hoy en día, muchas empresas delegan el trabajo a terceros mediante la descentralización productiva, afectando así la tradicional visión de las relaciones laborales. Ello ha sido recogido por el Derecho del Trabajo, el cual ha regulado las relaciones laborales que surgen a partir de esta producción descentralizada.En el presente artículo, y a la luz de la doctrina y la jurisprudencia de la Corte Suprema del Perú, el autor desarrolla los conceptos de tercerización e intermediación laboral, así como los requisitos necesarios para que éstos se den válidamente.
13
Wasileski, Gabriela. « Labor law transformation and the rule of law the Czech and Slovak Republics, 1993-2005 / ». Access to citation, abstract and download form provided by ProQuest Information and Learning Company ; downloadable PDF file, 100 p, 2007. http://proquest.umi.com/pqdweb?did=1303296061&sid=10&Fmt=2&clientId=8331&RQT=309&VName=PQD.
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14
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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15
Tontoh, Francis. « Evaluation of Money Laundering Regulations in Ghana ». Thesis, Blekinge Tekniska Högskola, Sektionen för management, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:bth-1188.
Texte intégralRésumé :
Purpose: The purpose of this thesis is to identify and appraise within the Ghanaian environment the level of regulations in combat of money laundering and terrorism financing, the extent of the regulation and the effectiveness of the regulations or laws. Method: Research methodology will be based on qualitative data collection and analysis approach which will consider the gathering of information personally by the researcher including interviews based on structured or semi-structures questions to potential respondents Theory: The theory considered various concepts of money laundering that exist. The chosen concepts identified the various typologies of the money laundering, the negative effects and the regulations adopted in the fight against money laundering in the light of internationally accepted standards. Analysis: The analysis was modeled around four set of issue as a means of evaluating the money laundering regulations in Ghana. They include extent of nation’s vulnerability to Money Laundering; existing Laws or Regulations; the Conformity of Laws or regulations to international standards and an overview of the new anti-money laundering law. Conclusion: Research and analysis revealed that the nation is susceptible to money laundering though it has existing regulations to combat the menace. The forms of money laundering are many and there seems to be very little public knowledge about money laundering. Financial sector of the economy is expanding and there is a need for a more rigorous means for the combat of laundering as its effect on the sector could be disastrous. The New Anti – Money Laundering law, Anti – Money Laundering Act 2008, Act 749 is timely but it has not been operational, the Financial Intelligence Center is yet to be set up since the enactment of the act in January in 2008; as at the time of writing this conclusion there is a new government in power and this government is yet to constitute a full cabinet of ministers or substantive ministers of state hence it is quite impossible to estimate when the Financial Intelligence Centre; according to France (BoG) during my interview with her, she mentioned that the Center is to be formed under the supervision of Ministry of Finance. Not withstanding, the yet to be formed Center, there has been some exiting laws or regulations from Bank of Ghana for the financial institutions in combat of money laundering and terrorism financing. 83% respondents agreed that there are existing regulations and Laws but only one respondent representing 17% indicted that those laws can best be cosmetic. The forms of existing regulations identified are as follows: The (KYC) Know Your Client or Know Your Customer Policy; (PEP) Politically Exposed Persons Policy; (CDD) Customer Due Diligence; (EDD) Enhanced Due Diligence and also regulations for banks to adopted a policy of setting threshold for which any cash or cheque deposit into an account should register to an investigate unit of the bank, such that any amount above the threshold raises an alarm for further investigation and so is any huge withdrawal request. In evaluating the existing regulations, two main assessment points were use as yardstick. They are conformity to international standards and effectiveness of the laws or regulations. Ghana is a member of the Inter-Governmental Action Group against Money Laundering and Terrorism Financing in West Africa (GIABA) which has formulated some for steps member countries to follow in their design of their internal policies in combat of Money Laundering. These steps are based on the 40 recommendation and the 9 special recommendations. Clearly it is noted that the few regulations or directives from Bank of Ghana conform to the FATF recommendations. For example • The (KYC) Know Your Customer directive, (CDD) Customer Due Diligence directive and (EDD) Enhanced Due Diligence directive that Bank of Ghana issued to the banks conform with Recommendations 4 to 12 of FATF. • The (PEP) Politically Exposed Persons directive which enables the banks deal with political figures of other countries is an international co-operation and a need for mutual legal assistance, these two conforms with the FAFT Recommendation 35 and FAFT recommendations 36 to 39 and again of FATF Recommendation 40. • The policies on threshold level also conforms to FAFT recommendations 17 to 21 as depicted in the literature review. From the examples given above there are clear indications that the regulations conform to international standards. The effectiveness of the regulation was set to detail or show how wide enough the regulation is in tackling the menace a stake, it should equally involve the institutions that will regulate, implement and enforce the regulations and finally the regulations should be enforced or to be seen a such. However the general picture is that the Laws or Regulations prior to the new Act 749 hasn’t been too effective. The respondents who agreed that there are existing laws or regulations once again agreed there are some lax in the enforcement of the regulations. Roi (SFO) believes that if there is any regulation at all, they can only be said to be just cosmetic.ftontoh@yahoo.com; +233244284956;+233244212902
16
Chan, Kai-wah Eva. « Impact of the planning and building regulations on the urban form of Hong Kong ». Hong Kong : University of Hong Kong, 1990. http://sunzi.lib.hku.hk/hkuto/record.jsp?B25796574.
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17
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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18
Heuerman, Anne. « Experiences of prenatal genetic counselors with abortion regulations in Ohio ». University of Cincinnati / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1592133539865669.
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19
Gonzalez, Marcela Fabiana. « The politics of labor unions laws policy making in Argentina ». College Park, Md. : University of Maryland, 2006. http://hdl.handle.net/1903/3778.
Texte intégralRésumé :
Thesis (M.A.) -- University of Maryland, College Park, 2006.Thesis research directed by: Dept. of Sociology. Title from t.p. of PDF. Includes bibliographical references. Published by UMI Dissertation Services, Ann Arbor, Mich. Also available in paper.
20
Kawana, Albert Jacob. « The political economy of mining laws and regulations in Namibia from 1884 to 1986 ». Thesis, University of Warwick, 1988. http://wrap.warwick.ac.uk/34710/.
Texte intégralRésumé :
This thesis deals with the political economy of mining laws and regulation in Namibia from 1884 to 1986. Mining laws and regulations have played an important role in the exploitation of Namibia's mineral resources since the colonial period. They have also played an important role in the exploitations by foreign mining companies of Namibia's mineral resources. The study shows how this process has evolved. Chapter I discusses the link between colonialism and exploitation. It also shows the special interest of the colonial administration in mineral development. The formal and substantive rules governing the acquisition of mineral rights are discussed in detail in Chapter II. An important element in the exploitation of Namibia's mineral resources is the international market. Chapter III examines the marketing of Namibia's minerals. It shows that the colonial administration is unable and unwilling to exercise control in this area. Special attention is paid to the marketing of diamonds as it illustrates very well the dominant position of the mining companies. Marketing of minerals is closely linked with taxation. This is examined in Chapter IV. The chapter reveals that the inadequacies of the legislation enables mining companies to achieve their objective, maximisation of profits without corresponding benefits to Namibia. The exploitation of Namibia's mineral resources has a direct effect on the environment. Chapter V shows that the spread of multinational mining companies and their operations have a direct effect on the environment, health and safety of mine employees and the community in surrounding areas. It also shows that mining laws and regulations are inadequate to cope with this problem. South Africa's continued occupation of Namibia since the termination of the mandate in 1966 has important legal consequences. The legal status of the mining concessions granted by South Africa before and after the termination of the mandate are examined in Chapter VI in the light of the United Nations action in this respect. In order to clarify the options for independent Namibia, Chapter VII discusses the experience of other developing countries in mineral development and their relationship with multinational companies. In Chapter VII, we recommend that mining laws and regulations of an independent Namibia should reflect the needs of the Namibian population.
21
BINI, STEFANO. « Labor law, economics and regulation : Italy and Spain : comparing models in the European framework ». Doctoral thesis, Luiss Guido Carli, 2016. http://hdl.handle.net/11385/201095.
Texte intégralRésumé :
The work here presented wishes to propose a critical and reasoned
reflection about the relationship between labor law and economics in a
continuously changing international scenario.
The theme can certainly be inserted among the “classic” ones,
because it faces one of the most fascinating issues labor law – as a
subject – places when it projects itself outside its natural conceptual
perimeter.
The research object is in fact based on a critical reflection around
the vexata quaestio of the relationship between the juridical-labor law
sphere and the economic dimension of reference.
More in detail, in this general framework, we carry out a research
which thrusts down its roots in an organic analysis of the theoretical
positions of law and labor economics, in order to develop a synergic
argument which can possibly be advantageous in both research ambits.
With the present work, we wish therefore to test the holding of
the relationship between the two spheres of knowledge considered, also
in the perspective of the elaboration of hermeneutic contributions useful
for a possible re-conceptualization of labor law, partially imposed by the
morphological change of the socio-economic contexts of reference.
Following a logical sequence, the present work is structured in
five conceptually autonomous chapters, which however permeate each
other and are conceived in a indissoluble unitary dimension in order to
guarantee systematic coherence to the research.
In detail, moving from a careful reflection about the “crisis” of
labor law considered by itself and in its interaction with economics,
attention is placed on the intrinsically conflictual and dualistic nature of
the subject, in its being a projection of the pair “capital/work”.
After some unavoidable methodological considerations, useful for
an analytical-conceptual reflection, we then highlight the elements of
interest deriving from the comparison between and the balancing of
economic and social rationality, economic factuality and juridical
“evaluation”.
From a methodological point of view, the logical and scientific
assumption of the research is the firm conviction that only through a
systemic approach, characterized by a strong comparative and
multidisciplinary framework, it is possible to carefully analyze the
current structure and configuration of the relationship between labor
law and economics in order to outline in particular the boundaries of
future perspectives of development.
A clear reconstruction of a suitable method to rationalize the
dialectic process between cognitive openness and juridical reconceptualization
is indeed inescapable.
The use of the comparison – contextualized and teleologically
addressed to give the work an appreciable hermeneutic contribution – is
thus considered the privileged, functional research method.
The labor law systems compared – as shown in the body of the
present work – are those of Italy and Spain, because of the proximity of
the regulatory paths explored from time to time and of the convergence
resulting also from recent reforms.
Hence, looking at the paradigmatic institutes of the impact of the
economic sphere on juridical regulations, the concrete relationship
between economics and labor law is in particular considered with
specific reference to the worker’s tasks (and demotion/deskilling), also as
a consequence of the recent legislative reforms, which have been
introduced in the two legal systems object of comparison.
In addition, special consideration is reserved to the concept of
“flexibility”, to the specular notion of “security”, and to the boundaries of the concept of “flexicurity”, in the scenario of a European labor law
undergoing a deep change in the search of a possible new balance.
Exactly the search of a new adjustment between the different
interests involved in present-day labor law relationships finds in an
axiological framework of values the natural landing of the research path
here briefly presented.
In the conclusions of the present work, we propose some targeted
reflections about the urgent need to “return” to the principles and the
values which have represented the essence of the subject, yesterday as
today.
Labor regulation, in relation to economic efficiency and to the
requests of deregulation coming from the market, cannot leave aside the
rediscovery of the table of values of reference and the balancing of the
different interests involved.
22
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.
Texte intégralRésumé :
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.
23
Archampong, Elizabeth A. « The impact of child labor laws in Ghana, a critical assessment ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/MQ63265.pdf.
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Beaumier, Jean-François. « L'application extraterritoriale des lois nationales incorporant des normes internationales du travail ». Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80910.
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Globalization has favoured a new type of business: Multinational Enterprises (MNE). MNE distinguish themselves from national businesses in the sense that they continue to be governed, in their relationship with their employees, by the national law where they operate. This contradictory dualism is the source of great tensions and uncertainties with regard to the future of national and international labour law standards. In a first part of this thesis, we study the International Labour Organization (ILO), which is the international body competent to adopt international standards and apply them. In the second part, we examine the phenomenon of national labour laws extraterritoriality and its manifestation in some jurisdictions. Finally, we explore the justifications put forward for the extraterritorial application of national laws, in particular when these national laws incorporate "fundamental" international labour standards.
25
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.
26
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.
Texte intégralRésumé :
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.
27
Bahati, Angela Anthony. « A critical analysis of international legal regulations of child labour : a case study of Tanzania ». Master's thesis, University of Cape Town, 2004. http://hdl.handle.net/11427/10161.
Texte intégralRésumé :
Includes bibliographical references.This research examines the problem of child labour in Tanzania. It seeks to explore the magnitude, scope, causes and consequences of child labour, and the worst forms of child labour. Children are defined as persons less than 18 years and child labour refers to specific categories of children between 5 years and 18 years who are economically active. Children may be involved in paid as well as unpaid work within the formal and informal sectors, or in urban and rural areas. The Worst Forms of Child Labour include slavery, prostitution or pornography, illicit activities and hazardous work. As in many African societies, Tanzania's children are expected to carry out several tasks as they progress to adulthood under the principle of preparing them to be adults; this is generally referred to as 'socialization'. These tasks often place children in danger or expose them to unhealthy, dirty, strenuous, moral and exploitative conditions and constitute the type of child labour that the Tanzanian government is concerned about.
28
Wong, Ka-lin Judy, et 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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Munuve, Lilian Kasyoka. « A comparison between the South African and Kenyan labour law systems ». Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/752.
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Labour law is a system of rules regulating the labour force in the society. These rules of labour are legal rules and are legally enforceable which means that if there is a breach of rules a party may approach a court of law or any other institution to obtain relief in respect of the breach of the rules. As a large percentage of the population at any given time in the world is involved with employment relationship, the labour relationships between employer and employee cannot be ignored as it affects both socio-economic and political factors in our society. Labour Law in general focuses on various relationships, including the relationship between the employer and employee, between the employer and a trade union or a group of employees, employers and employers’ organization. From the foregoing it can be deduced that there are two components of labour law which must be distinguished, namely individual and collective labour. The individual relationship focuses on the relationship between the employer and the employee while collective labour laws deal with matters such as legal nature of trade unions (and employers’ organization), the legal nature and enforceability of collective agreements, collective bargaining institutions and the legal consequences that flow from strikes, lock outs and other forms of industrial action. Collective labour law can therefore be said to be the body of rules which regulates the following collective relationships between: • employees and the trade union they belong to • employers and employers’ organization • employers and /or employers organization and trade unions • the government and trade unions • the government and employers organization However the collective labour law cannot be said to be absolute but is interdependent with individual labour law because the collectively agreed terms become part of the individual employment relation. This study mainly focuses on the collective labour aspect of the labour law system which shall be discussed in detail in the chapters to follow.
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Tse, Sau-kuen, et 謝秀娟. « Labour policy and the protection of the legal entitlements of private sector employees ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1992. http://hub.hku.hk/bib/B31964163.
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Share, Hanli. « Suspension as an unfair labour practice ». Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1018655.
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Suspension as a form of an unfair labour practice can be of two categories. There could be a situation where an employer suspends an employee as a disciplinary sanction after an employee has committed an act of misconduct. This is often referred to as a punitive suspension. An employer may also suspend an employee pending a disciplinary hearing. In this case the employee has not yet been found guilty because the investigation into the alleged misconduct is still on going. The employee may be suspended as a way of preventing him from interfering with the investigation process into the alleged misconduct. This form of suspension is often referred to as a preventative suspension. It is very important to note the distinction between the two forms of suspension because the processes that are followed when effecting them are different. Failure to acknowledge the difference might result in a situation where an employer might be effecting a preventative suspension but the consequences might be that of a punitive suspension and end-up being an unfair labour practice. Suspension is a disciplinary measure, and it is important to note that in the event that the employer elects to implement a suspension, its conduct must be disciplinary in nature and intent and should be corrective rather than punitive.Unlike dismissals where the Code of Good Practice of the Labour Relations Act, No 66 of 1995 provides guidance on what constitutes procedural and substantive fairness, there are no guidelines on what constitutes procedural and substantive fairness when it comes to suspensions. This has resulted in a situation where suspension is treated as a minor aspect of disciplinary measures that is frequently abused as it is often on full remuneration. This, however, does not allow an employer to suspend employees at will, without merit and without following proper procedure. Suspension could have severe adverse effects on employees and often affects their reputation, goodwill, human dignity, self-esteem and the right to meaningful association and work. It is for this reason that suspension must be effected in a way that is procedurally and substantively fair.Punitive suspension is implemented as a sanction and is often without pay and is a last resort prior to dismissal. Preventative suspension occurs prior to a disciplinary hearing, with the aim of temporarily removing the employee from the workplace to enable the employer to conduct a proper investigation without interference. Unfortunately preventative suspensions are often abused by employers in that they protract over extended periods of time, making the preventative suspension punitive in nature, to the extent that the courts have been forced to intervene and lay down stringent requirements that must be met in order to prevent such abuse.There are various requirements for suspension which range from the intention of the employer, the audi alteram partem rule, sufficient reasons prior to suspension to period of suspension. Most employment relationships are governed by disciplinary codes or collective agreements, which often place limitations on the concept of suspension. Some codes provide for special leave at the option of the employee, which the employer often abuses instead of utilizing the preventative suspension option. This, however, is more often than not to suit a political agenda.In the event of non-compliance by an employer, an employee is not left remediless. An unfair suspension constitutes an unfair labour practice and an employee has the right to refer such dispute to the relevant labour forums like the CCMA or the relevant bargaining council. Employees are cautioned not to refer their disputes to the Labour Court for final relief, but rather to only approach the courts for urgent interim relief, like interdicts.
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Almhmoud, Abdullah. « The laws and regulations related to remuneration practices : a comparative and analytical investigation into legal aspects ». Thesis, University of Liverpool, 2015. http://livrepository.liverpool.ac.uk/2013939/.
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This research aims to contribute to the analysis of the laws and regulations related to remuneration practices. It is also intends to offer recommendations and solutions to the problem of setting levels and Structures of remuneration in Saudi Arabia, an area which is currently neglected despite its importance. Remuneration is a crucial tool in solving the agency problem between shareholders and managers in public companies where the separation of ownership and control exists by providing incentives. However, in Saudi Arabia this practice shows a tendency towards high fixed remuneration and variable remuneration set without any clear links between this and performance, causing variable remuneration to become another salary. Since inadequate laws and regulation have been found to be at least partially responsible for this state of affairs, solving this problem requires careful analysis of the most important jurisdictions which have developed laws and regulations. Thus, the thesis adopts a comparative legal study of the relevant laws and regulations within a descriptive and analytical framework, presenting a detailed discussion of remuneration regulation in the UK, EU and USA. Moreover, informal discussions have been conducted with individuals in the public sectors of the Saudi Arabian Monetary Agency (SAMA) and the Capital Market Authority (CMA), in order to complement the black letter law analysis of the research, by providing a realistic insight into the nature of the challenges in formulating the policy process in Saudi Arabia. Serious flaws and shortcomings were found in the existing law and regulation regarding remuneration in Saudi Arabia, and recommendations for reform of these are provided.
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Roth, Louise Marie. « What’s the Rush ? Tort Laws and Elective Early-term Induction of Labor ». SAGE PUBLICATIONS INC, 2016. http://hdl.handle.net/10150/622462.
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Tort laws aim to deter risky medical practices and increase accountability for harm. This research examines their effects on deterrence of a high-risk obstetric practice in the United States: elective early-term (37-38 weeks gestation) induction of labor. Using birth certificate data from the Natality Detail Files and state-level data from publicly available sources, this study analyzes the effects of tort laws on labor induction with multilevel models (MLM) of 665,491 early-term births nested in states. Results reveal that caps on damages are associated with significantly higher odds of early-term induction and Proportionate Liability (PL) is associated with significantly lower odds compared to Joint and Several Liability (JSL). The findings suggest that clinicians are more likely to engage in practices that defy professional guidelines in tort environments with lower legal burdens. I discuss the implications of the findings for patient safety and the deterrence of high-risk practices.
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Shrestha, Joshi Anju. « Role of building bylaws and regulations in shaping urban forms a case of Kathmandu / ». Thesis, Click to view the E-thesis via HKUTO, 2007. http://sunzi.lib.hku.hk/HKUTO/record/B39558368.
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SHUN, LIN MU, et 林木順. « A Comparative Study of Cross-strait Employer Punitive Regulations in Labor Law ». Thesis, 2002. http://ndltd.ncl.edu.tw/handle/48792412969889020185.
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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.
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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
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Ramaotwana, Ramaotwana Nelson. « Freedom of association in the disciplined forces of the republic of Botswana : a comparative analysis between the laws regulating labour relations in Botswana's discliplined forces and South African security services / Ramaotwana Ramaotwana Nelson ». Thesis, 2013. http://hdl.handle.net/10394/14295.
Texte intégralRésumé :
Another facet of this case concerns the restriction of the applicants' choice as
regards the trade unions which they could form of their own volition. An individual
does not enjoy the right to freedom of association if in reality the freedom of action
or choice which remains available to him is either non-existent or so reduced as to
be of no practical value. Jayawickrama
The principal objective for this study is to investigate the prohibition and/or
the effectiveness of freedom of association in the disciplined forces in
Botswana as contrasted with the laws and practices in South Africa. The
study aims to explore whether freedom of association exists in the
disciplined forces of the Republic of Botswana; and if it does, how effective it
is, and if it does not exist, whether such non-existence infringes the human
rights of the disciplined forces to enjoy the fundamental rights to form and
join trade unions of their choice as provided for in section 13(1) of the
Constitution of Botswana.
The study finds that the right to form or belong to a trade union 1s an
absolute right in terms of section 13(1) of the Constitution. The study
therefore surmises that the exclusion of trade unions in the disciplined
forces of Botswana is not reasonably justified in a democratic society,
thereby rendering section 24 of the Police Act, section 35 of the Prisons Act
and Regulation 75 of the Botswana Defense Force unconstitutional.Thesis (LLM) North-West University, Mafikeng Campus, 2013
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Sale, Jonathan. « Harmonisation of ASEAN labour laws on disputes settlement : the Philippines and Malaysia as case studies ». Thesis, 2021. http://hdl.handle.net/1959.13/1430275.
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Research Doctorate - Doctor of Philosophy (PhD)Exploring the possibility of harmonising labour laws and regulations governing disputes settlement across ASEAN, this thesis focuses attention on two member states — the Philippines and Malaysia — and draws implications from this two-country study for potential harmonisation across the regional organisation more broadly. These two countries provide a microcosm of issues relating to harmonisation because they have both experienced colonisation by more than one foreign power at different and rather long periods of time. Their respective histories have produced highly pluralist and heterogeneous labour law systems, which encapsulate the complex range of factors likely to support or prevent harmonisation. Through a sequential exploratory mixed-methods design, this thesis develops case studies of the labour laws and regulations on disputes settlement in the Philippines and Malaysia and compares the cases for similarities and differences, convergences and divergences. In spite of their entanglements and connections in terms of colonial experiences, civil law and common law institutions, the cases of the Philippines and Malaysia disclose more differences and divergences than similarities and convergences as to inter-party labour standards and labour relations disputes, voluntary dispute management and dispute resolution modes, and compulsory dispute management and dispute resolution mechanisms. Not only are there more differences in dispute forms and dispute settlement mechanisms between the two cases at a particular point in time, more divergences between them have been occurring over time. These suggest that the path to harmonisation or transplantation of labour laws and regulations on disputes settlement in ASEAN is arduous, long and complex. The differences and divergences constitute critical stumbling blocks to harmonisation or transplantation of such laws and regulations within the region. If harmonisation of labour laws and regulations on disputes settlement will be hard to achieve in the Philippines and Malaysia, then it will be hard to achieve across the larger ASEAN region.
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Ngcobo, Richard Sibongiseni. « Is there a relation between the labour market regulation and high unemployment rate in South Africa ? :an assessment of the South African labour market regulation ». Thesis, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_3217_1297930046.
Texte intégralRésumé :
This research paper is a review of the assertion by some commentators that the regulation of the labour market is a cause of the high unemployment rate in South Africa. It starts by providing a historical background of statutory industrial relations in South Africa leading to the current labour dispensation. The discussion includes a review of the current labour legislation and assessment of its compliance with international law. The rating of the South African labour market by the Doing Business study is discussed. This study seeks to ascertain whether there is a causal relation between labour market regulation and the unemployment rate. The conclusion reached is that South African labour legislation complies with international law as espoused in International Labour Organisation (ILO) Conventions, is not excessively rigid and, most importantly, that there is no convincing evidence of a causal relation between labour market regulation and the unemployment rate.
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Phaladi, Nkgolodishe Hermit. « Implementation of laws regulating mining industry transformation in South Africa ». Thesis, 2016. http://hdl.handle.net/10386/1983.
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Thesis (M. Dev. (Development and Management Law)) -- University of Limpopo, 2017This mini-dissertation deals with the implementation of laws regulating mining industries transformation in South Africa. This mini-dissertation finds that the pace of transformation is very low and the challenges faced in the mining industries which are slowing the process are evaluated. Such challenges include: lack of skills, unqualified candidates and lack of experience. It finds that the Broad-based socio-economic empowerment (BBSEE) introduced 15% target by 2011 where only 8.9% was reached in respect of transformation and that by 2014, 26% must be met where only 17.4% at the top management is achieved. The call for nationalisation of mines as a solution to speed up transformation have also been evaluated and the Mining Qualification Authority category of providing scholarships to maths and science learners to the exclusion of other streams as transformational aspect was also evaluated. The question as to whether 26% of the historically disadvantaged South Africans occupying managerial position is enough to rectify the injustices of the apartheid ills is also looked at. A comparative study was done between South Africa, Canada and Australia to see whether lessons could be learnt. Keywords: Implementation, transformation laws, Historically Disadvantaged South Africans, Mining Qualification Authority, and Mining industry.
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JOHNSTON, Andrew. « Theories of the company, employees and takeover regulation ». Doctoral thesis, 2004. http://hdl.handle.net/1814/4666.
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Mokofe, William Manga. « The regulation of non-standard employment in Southern Africa : the case of South Africa with reference to several other SADC countries ». Thesis, 2018. http://hdl.handle.net/10500/25816.
Texte intégralRésumé :
This doctoral thesis deals with the regulation of non-standard employment in Southern Africa: the case of South Africa with reference to several other SADC countries. The growth and presence of non-standard employment since the 1970s has revealed an important concern in a number of countries, both at the global and national levels. The overall significance of non-standard employment has increased in recent decades in both developed and developing states, as its use has grown exponentially across economic sectors and employment.
Non-standard employment is the opposite of the standard employment relationship, which is work that is full time and indefinite. Non-standard employment includes an unequal employment relationship between an employee and an employer. Some workers choose to work in non-standard employment, and the choice has positive results. Nonetheless, for the majority of workers, non-standard employment is associated with job insecurity, exploitation, and the absence of trade unions and collective bargaining.
Non-standard employment can also create challenges for firms, the labour market and the economy, including society at large. Backing decent work for all entails a comprehensive understanding of non-standard employment and its ramifications. This study explores the regulation and protection of non-standard employment in Southern Africa with focus on South Africa. The study draws on international and regional labour standards, the South African Constitution of 1996, and the national experience to make policy recommendations that will ensure workers are protected, firms are sustainable and labour markets operate well. Social justice and the democratisation of the workplace cannot be achieved if workers in non-standard employment are excluded from the labour relations system.Mercantile Law
LL. D.
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Wang, Yi-Kai, et 王羿凱. « Regulations on Initial Coin Offering : focusing on U.S. and Swiss Laws and Regulations ». Thesis, 2019. http://ndltd.ncl.edu.tw/handle/dsu6ku.
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Wu, Chien-Yu, et 吳健毓. « The Research on British Television Laws and Regulations ». Thesis, 2000. http://ndltd.ncl.edu.tw/handle/83483040711219692621.
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碩士淡江大學
歐洲研究所
88
Taiwan's television channels grow rapidly in recent years. In the materials which mass medias presented,politics has become very important part.But above some main political new reports and political current affairs programmes,the impartiality is very crucial.A biased report or producer certainly can not reach due impartiality.Thus,to prevent mass media becoming some people's own properties,the related regulations has its importance. The research goal of this dissertation is a political dimension research on British television regulations.First,I will make a discussion on British television environment,especially the roles and effects of government,parliament,duopoly system and major mass communication institutions.Try to figure out what makes the British broadcasting style.In another aspect of British mass medias and politics,this dissertation will discuss successive prime ministers and mass medias,including the unique character of successive prime minister's news secretary. Then about British television regulations.First I will focus on British's unique Political Broadcasts traditions,including Party Political Broadcasts and Party Election Broadcasts.I will also focus on British's two major communication institutions--BBC ,ITC and their regulations on a variety of programmes which are BBC Producers' Guideline and ITC Programme Code.Try to know how they maintain the impartiality of news report and programmes by analyzing in political communication dimension. Thus this dissertation focuses on the political communication dimension of British television regulations.And try to know how British solve this kind of problems which were brought by mass media.Finally,I hope it can be good references to us by comparing with the counterparts of Taiwan.
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WANG, JEI-MING, et 王澤民. « On Constitutionality of Laws and Regulations Concerning Arcades ». Thesis, 2011. http://ndltd.ncl.edu.tw/handle/39072185836550045383.
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Pei, Sung-Yi, et 裴松毅. « Laws and Regulations of Embryonic Stem Cell Research ». Thesis, 2013. http://ndltd.ncl.edu.tw/handle/46649309305389482113.
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碩士國立臺灣大學
科際整合法律學研究所
101
Ever since stem cell lines with the ability to differentiate continually were successfully cultivated from embryonic stem cells at the end of the last century, the study of embryonic stem cells has become the hot topic of the day in biomedical research. However, ethical controversy about the possible destruction of embryos and the fear of human cloning lie behind the infinite potential of embryonic stem cell development. This article will first evaluate embryonic stem cell research against the various principles of medical ethics. Next, the paper will survey the distinct approaches to regulating embryonic stem cell research in the United States, Britain, and Germany, as well as recent judicial decisions in these countries. The United States controls the direction of embryonic stem cell research through executive orders and research subsidies, but not criminalization. Britain prescribes criminal penalties for human cloning, and sets up an independent regulatory agency for centralized control and management of embryonic stem cell research. Germany is consistent in its emphasis on human dignity, and criminalizes various illegal behaviors in embryonic stem cell research. The main legislation that currently regulates embryonic stem cell research in Taiwan is the Artificial Reproduction Act. The Artificial Reproduction Act allows the use of surplus artificially reproduced embryos for research under certain circumstances. At the same time, it restricts human cloning through criminal penalties. The Ministry of Health and Welfare promulgates detailed regulations with non-delegated administrative legislation, which not only violates the principle of legal reservation (Prinzip des Vorbehalts des Gesetzes) but also fails to prescribe the legal effects of violation. The Executive Yuan Council (the Cabinet) passed a draft bill that would specifically regulate embryonic stem cell research. The draft bill prohibits human cloning and raises criminal penalties for the offense. It also criminalizes the improper acquisition or trade of tissue intended for research, the use of embryos that are not intended for research purposes, or the implantation of embryos intended for research into the uterus. This article discusses the criminal law policy on embryonic stem cell research, taking the concept of the legal interest (Rechtsgut) as the point of departure, and recommends substituting administrative for criminal penalties in the draft bill to attain more efficient regulatory results.
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Hsiung, Chuan-Ti, et 熊全迪. « A Study on Laws and Regulations of Structured Notes ». Thesis, 2007. http://ndltd.ncl.edu.tw/handle/46406304252059789335.
Texte intégralRésumé :
碩士國立臺灣大學
法律學研究所
95
The regulation of a structured note, a kind of new financial instrument composed of a “bond” and “derivatives,” remains uncertain under the current dichotomous system: should a structure note be subject to securities regulations, or futures regulations? Whether the current financial regulations are well-developed to cope with transactions of this new kind of financial instrument is a topic worthy of investigation. This thesis first focuses on the “classification” of structured notes from a legal perspective, assessing the appropriateness of classifying structured notes as either securities or futures (derivatives). Furthermore, based on the analysis of such classification, conclusions are drawn about the basic issues concerning investor protection at the stage of recommendation and sale of structured notes and taxation of structured notes. This thesis suggests that structured notes, from a legal perspective, be classified as securities. In this classification, the Securities and Exchange Act (“SEA”) and its related regulations should be applied to the issuance and all other transactions of structured notes. In the short run, the competent authority can classify structured notes as securities by way of “interpretation” or “approval”; in the long run, the legislature can set up a single uniform rule for classification of new financial instruments, including structured notes, as securities or futures (derivatives). For better protection of investors at the stage of recommendation and sale of securities (including structured notes), this thesis suggests that the securities anti-fraud provision, Paragraph 1, Article 20 of the SEA, be amended to include any defrauding acts “related to” or “in connection with” issuance, private placement or trading of securities. In addition, if Taiwan decides to adopt a comprehensive single financial service law structure, it is advisable to set up a certain code of conduct concerning “suitability rule” and “risk disclosure requirement” in such a single financial service law. Provisions vesting investors the private rights to claim against the financial services companies in violation of such code of conduct are also suggested. As for taxation, it is suggested that structured note, in the short run, be classified as “securities” subject to securities transaction tax. In the long run, this thesis recommends that Taiwan abolish the Securities Transaction Tax Act and establish tax rules for structured notes under the Income Tax Act, which uses a constant rate to calculate the interest income (expenses) generated (incurred) from structured notes. For hedge transactions, it is suggested that structured notes and its hedge position be taxed as an integral. Taxation on structured notes will be deemed fair only if relevant basic tax rules are reasonably adjusted.
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fannhuiwen et 范惠雯. « A Study on Laws and Regulations Concerning Corporate Managers ». Thesis, 2007. http://ndltd.ncl.edu.tw/handle/21366462830410684039.
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Hsiue, Ya-Wen, et 薛雅文. « Study on Laws and Regulations of Information Technology Specialist ». Thesis, 2018. http://ndltd.ncl.edu.tw/handle/538qv4.
Texte intégralRésumé :
碩士國立雲林科技大學
科技法律研究所
106
As various kinds of industry progressing, information business is gradually changing from a supporter only help maintaining a company’s operation to a necessary business which can increase the operation’s efficiency. With the progress of science and technology, Information operator’s position is getting more important and diverse. The development of information technology also give rise to many Internet crime problems. In society, those problems which are reported were like what kind of new technology are leaked out, how much inches the wafer are reduced or which company’s secret has taken vent. But there is few report to mention about the most basic law to regulate Research＆.Development Engineer and Information Engineer. What laws put emphasize on is how to punish and compensate after the event, but education is more focus on prevention before the event. In this paper, we will first talk about the business details of Information operators and what power they have, and to prevent them from becoming too powerful, apart from strengthen operator’s information ethics, in laws we also have Criminal Law, Civil Law and Special Law to regulate them.Then we list some precedents which relate to information operators, and we use Criminal Law, Copyright Act, Trade Secret Act,Information Security Management Law and Computer-Processed Personal Data Protection Law to look into the regulations of information operators.At the final part I‘ll provide some suggestion that information operator should pay attention to. In addition to holds fast to their own position, I also expect they can have correct concept in order to avoid the law's punish.
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MESSINA, Julian. « Structural change and product market regulations ». Doctoral thesis, 2002. http://hdl.handle.net/1814/5010.
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Defence date: 1 June 2002Examining board: Prof. Giuseppe Bertola, EUI, Supervisor ; Prof. Juan Jimeno, Universidad Alcala de Henares Madrid ; Prof. Giuseppe Nicoletti, OECD Paris ; Prof. Roberto Perotti, EUI
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017