Littérature scientifique sur le sujet « Men – Employment – Law and legislation »
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Articles de revues sur le sujet "Men – Employment – Law and legislation"
1
Melnyk, K. Yu. « Ensuring the freedom to conclude an employment contract and gender equality in employment under martial law ». Bulletin of Kharkiv National University of Internal Affairs 98, no 3 (28 septembre 2022) : 77–88. http://dx.doi.org/10.32631/v.2022.3.07.
Texte intégralRésumé :
The state of ensuring the freedom to enter into an employment contract and gender equality in employment under martial law conditions has been studied. It has been proven that getting a job is an important event in the life of every person who, in connection with this, acquires the status of an employee, performs the work specified in the employment contract, and receives wages for the work performed in order to provide oneself and family with the means to existence. The national labor legislation provides for a number of guarantees to ensure the labor rights of a person when hiring. A special place among such guarantees is the provision of freedom to conclude an employment contract and gender equality upon hiring.
The point of view of the scientists regarding the content of the categories “freedom of labor contract” and “equality” has been studied. The norms of national legislation, which provide for the freedom to conclude an employment contract and gender equality in hiring, have been studied. It is indicated that the labor obligation, introduced today under martial law, which does not require the mandatory consent of the person in respect of whom the corresponding labor obligation is introduced, as well as his/her registration in an employment contract, destroys the understanding of the employment contract as an agreement between the parties on working conditions based on free choice.
Proposals and recommendations for improving national legislation have been provided. The expediency of expanding the list of persons who are prohibited from engaging in socially useful works has been substantiated, for this purpose the paragraph 6 of the Procedure for involving able-bodied persons in socially useful works in conditions of martial law, approved by Resolution of the Cabinet of Ministers of Ukraine dated July 13, 2011 No. 753, has been proposed to be set out in the following edition: “It is forbidden to involve minors, pregnant women, women with children under the age of three, as well as persons with disabilities in socially useful works, if the performance of such works may negatively affect their health”.
In order to strengthen the regulatory provision of gender equality in employment, it is proposed to: 1) delete the word “may” after the word “employers” and change the ending of the word “implement” in Part 4 of Article 17 of the Law of Ukraine “On Ensuring Equal Rights and Opportunities of Women and Men”; 2) to supplement the employer’s duties provided for in Part 2 of Article 17 of the Law of Ukraine “On ensuring equal rights and opportunities for women and men”, as follows: “do not allow discrimination based on gender when concluding, changing and terminating an employment contract”.
2
Svitovenko, D. « The normative basis of the principle of gender equality legislation of Ukraine on labor and employment ». Uzhhorod National University Herald. Series : Law 2, no 72 (27 novembre 2022) : 286–90. http://dx.doi.org/10.24144/2307-3322.2022.72.87.
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The purpose of the article is to clarify the system of acts of the current legislation of Ukraine on labor and employment, which contains norms that reflect the complex essence of the principle of gender equality in the field of labor and employment. The position is substantiated, according to which the normative basis of the principle of gender equality consists of international legal acts (in force on the territory of Ukraine due to their universal mandatory nature or as a result of their ratification by the Ukrainian Parliament), as well as acts of national legislation that contain, in particular, general the idea of legal equality between men and women and/or the idea of equality between men and women in the field of work and employment. The author notes that the international legal level of the normative basis of the principle of gender equality in the field of labor and employment includes: international legal acts in the field of international legal order, human rights, relating to gender equality in the field of labor and employment; international legal acts in the field of labor and employment, which declare gender equality of people in the relevant field (conventions of the International Labor Organization). The national level of the normative basis of the principle of gender equality in the field of labor and employment is connected with separate norms of the Constitution of Ukraine, the Code of Labor Laws of Ukraine, the Law of Ukraine “On Ensuring Equal Rights and Opportunities of Women and Men”. women who are pregnant, have given birth to a child, are nursing babies, are in an extremely vulnerable state (in the context of the general labor law regime). Therefore, such women are objectively less competitive in the labor market and need positive discrimination (in fact, the expansion of the non-gender approach to determining the legal status of an employee), measures for the implementation of which are provided for by the labor legislation of Ukraine, given that our state is a social and legal . Taking this into account, women who perform the social role of mother, and motherhood reduces their competitiveness in the labor market, possessing a non-gender legal status of an employee, are additionally granted the status of a female worker, which is not a violation of the principle of gender equality in the field of work and employment, but on the contrary - an important condition for its proper (socially safe) implementation.
3
Buribayev, Yermek A., et Zhanna A. Khamzina. « Gender equality in employment : The experience of Kazakhstan ». International Journal of Discrimination and the Law 19, no 2 (30 mai 2019) : 110–24. http://dx.doi.org/10.1177/1358229119846784.
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No country in the world has achieved full gender equality in labour relations. Kazakhstan has just begun a long way of creating legislative and organizational conditions for equality in the workplace. It is obvious that to create a more equal, gender-sensitive society, a state will require profound changes in perceptions, attitudes, stereotypes, and laws. Facilitating such changes is justified not only from a moral but also from an economic point of view. Today, the requirements for women in society in the performance of labour functions are the same as for men. However, in family and domestic relations, there is a persistence of the gender stereotype of male privileges. There is no change in sectoral gender segregation. Women still make up more than 70% of employees in the health, education, and social services sectors, while women’s representation in the financial and public sectors is slightly more than half. Traditionally, these types of sectors are less profitable compared to “male industries,” such as construction, oil and gas, mining, and transport. The level of attracting female labour in innovative, infrastructural, and high-tech projects and programs is very low. The issue of expanding the economic opportunities of rural women, who are denied access to public and state resources and services, remains relevant. In the article, we show the possibilities for ensuring equal employment of men and women in Kazakhstan. The proposals on the improvement of legislation on labour protection and labour conditions and improvement of working conditions are presented, and the possibilities of introducing and expanding flexible forms of employment are considered. Conclusions are drawn on the revision of the list of works prohibiting the use of female labour and ensuring that women have access to types of work that do not pose a danger to women’s health due to their automation, technologization, and informatization.
4
McGinley, Ann. « Erasing Boundaries : Masculinities, Sexual Minorities, and Employment Discrimination ». University of Michigan Journal of Law Reform, no 43.3 (2010) : 713. http://dx.doi.org/10.36646/mjlr.43.3.erasing.
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This Article analyzes the application of employment discrimination law to sexual minorities-lesbians, gays, bisexuals, transgender and intersex individuals. It evaluates Title VII and state anti-discrimination laws' treatment of these individuals, and is the first article to use masculinities research, theoretical and empirical, to explain employment discrimination against sexual minorities. While the Article concludes that new legislation would further the interests of sexual minorities, it posits that it is neither necessary nor sufficient to solving the employment discrimination problems of sexual minorities. A major problem lies in the courts' binary view of sex and gender, a view that identifies men and women as polar opposites, and that sees gender as naturally flowing from biological sex. Without courts' understanding that our current binary concept of gender may be socially constructed and artificially rigid rather than a natural result of biology, even new legislation may fail to protect the workers it seeks to protect. The Article demonstrates that research on masculinities can help courts better understand sexual minorities and the motivations of those who discriminate against them in the workplace. It concludes that even in the absence of new legislation, a proper interpretation of Title VII's sex discrimination provision would protect sexual minorities from discrimination and would provide reasonable accommodation to allow sexual minorities to live and work with dignity and security. With an understanding of sexual minorities and the reasons why discrimination occurs, Title VII's prohibition of discrimination "because of sex" should be sufficient to grant sexual minorities workplace rights.
5
Chucha, Sergey Yu. « The constitutional principle of respect for the man of work : problems of implementation in Russian legislation and law enforcement practice ». Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no 44 (2022) : 159–71. http://dx.doi.org/10.17223/22253513/44/14.
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Respect for the working person is guaranteed by Article 75.1 of the updated Constitution of the Russian Federation. This constitutional guarantee has an external (formal) and an internal (substantive) side of implementation. On the basis of the theory of stability of labour law relations, the basic norms of this twofold system have been identified. 1. On the substantive side, the norms of stability of the employee as a party to the employment contract when the employer changes. The constitutional guarantee of respect for the human being at work is the stability of employment relations, secured mainly by Article 75 of the Labour Code of the Russian Federation. The provision of Article 75 of the Russian Labour Code is based on the theory of stability of the employment relationship, conditioned by the personal nature of the employment contract on the part of the employee, the foundations of which were laid at the turn of the 19th and 20th centuries. Today it guarantees the preservation of the employment relationship in the event of a change of ownership of the organisation, a change of subordination of the organisation or its reorganisation. Legislating the dependence of the employment contract on the employer's reorganisation measures would destroy the theory of stability and the system of constitutional and sectoral labour law guarantees of respect for the human rights of workers. Therefore, new forms of employment, the emergence of which is initially dictated by the needs of economic development and the state of society, should be consistently involved in the sphere of labour law regulation. The issues of the stability of the employment contract should be resolved exclusively based on the needs of the organization of production and in the interests of the enterprise. 2. From the external perspective, the basic provision in the system of guarantees of respect for the person at work is the form of the employment contract. Article 56 of the Russian Labour Code, defining the concept of an employment contract, as well as regulatory acts adopted in its development and the generally accepted practice of law do not comply with Article 75.1 of the Constitution of the Russian Federation and Article 57 of the Labour Code. The inclusion of information about the employee after information about the employer in the employment contract underlines the unequal position of the employee, even if formally, but clearly demonstrates the lack of respect for the employee not only on the part of the employer concluding the contract but also on the part of state authorities which have permitted the publication of regulations contrary to Article 57 of the LC RF. 57 of the Labour Code and provoking the employer to violate the guarantee of Article 75.1 of the Constitution of the Russian Federation. Considering the ethical nature of Russian legal understanding, Article 56 of the LC RF and the standard forms of employment contracts must be immediately brought into compliance with the requirements of Article 57 of the LC RF and Article 75.1 of the RF Constitution, which would be a formal, but obvious respect for the working person on the part of both the state and, subsequently, the employers. The author declares no conflicts of interests.
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Burbyka, Mykhailo, Alyona Klochko, Mykola Logvinenko et Kateryna Gorbachova. « Separate aspects of legal regulation of women’s labour rights ». International Journal of Law and Management 59, no 2 (13 mars 2017) : 271–83. http://dx.doi.org/10.1108/ijlma-02-2016-0021.
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Purpose This paper aims to cover the problems arising in the process of women employment. The purpose is to investigate problems arising in the process of women employment, to analyse the existence of discriminatory aspects with regard to certain categories of workers, and to give recommendations for overcoming discrimination against women in the labour market. Design/methodology/approach The research was based on formal–logical and general scientific cognitive methods (analysis and synthesis, abstraction and concretization and deduction and induction). Systems and functional methods were used. The methods of concrete-sociological researches were used to gather, analyse and process legal information. The comparative-legal methods determined the actual realization of gender equality principles in different countries. Findings The Ukrainian labour legislation is imperfect and should be reformed, so as to not only declare but also protect women’s rights, in accordance with the current realities and fluctuations in the labour market. Practical implications The research helps overcome gender and age discrimination in Ukraine’s labour market, especially the relations that emerge at the employment stage. Discrimination against women at this stage is one of the most common forms of gender inequality. Originality/value Certain gaps in the labour legislation were found. The level of conformity of the current labour-relations-regulating legislation with the policy of equal rights and opportunities for women and men was determined. Recommendations, aimed at changing legal regulations to prevent gender discrimination, were developed, with a view to solving existing gender-related problems in the field of labour.
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Lebedev, V. A., et E. I. Lebedeva. « Remote work has changed the format : note to the accountant of the medical institution ». Buhuchet v zdravoohranenii (Accounting in Healthcare), no 3 (1 mars 2021) : 55–62. http://dx.doi.org/10.33920/med-17-2103-05.
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The article analyzes the latest changes in labor legislation that came into force on January 01, 2021. The article considers the provisions of the Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the regulation of remote (remote) work and temporary transfer of an employee to remote (remote) work on the initiative of the employer in exceptional cases” of 08.12.2020 № 407-FZ, which must be taken into account when providing medical care in a remote format; the main provisions on the employment contract and the features of the employment contract of remote workers, including the features of the admission and dismissal of remote workers.
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Et.al, SaslinaKamaruddin. « Sexual Harrassment at Workplace : A Need for aSpecific Law in Malaysia ». Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no 3 (10 avril 2021) : 454–61. http://dx.doi.org/10.17762/turcomat.v12i3.750.
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In Malaysia, there has appeared no specific and comprehensive legislation deals with sexual harassment in the workplace yet. Unlike other illegal behaviors such as rape and domestic violence, sexual harassment has seemingly been regarded as a mere workplace problem and hence given less attention by lawmakers and the government. The studies in 2019 show that 60% of people from various work fields reported that they experienced and were the victims of sexual harassment within the workplace setting in Malaysia. The report also indicates that the leader at their workplace or someone superior usually committed the harassment and sometimes their colleague did such act. Indeed, sexual harassment is conduct where males play a vital role as a harasser, but it is undeniable that men are also likely to be sexually harassed. Despite the provision in the Penal Code, Employment Act 1955, and Code of Practice on the Prevention and Eradication of Sexual Harassment in the workplace, the number of cases is still on the rise. Given the extent of the problem, the objective of this paper is to examine the existing legal provision in Malaysia governing sexual harassment and the judicial approach in dealing with sexual harassment cases in Malaysia. The authors contend the need for a specific law to address the sexual harasment in Malaysia, considering the insufficiency and inefficiency of the available legislative provisions.
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Wynn, Michael T. « Chameleons at large : Entrepreneurs, employees and firms – the changing context of employment relationships ». Journal of Management & ; Organization 22, no 6 (novembre 2016) : 826–42. http://dx.doi.org/10.1017/jmo.2016.40.
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AbstractCurrent labour markets are witnessing a proliferation of hybrid or quasi-employment status whereby company directors and limited liability partners are gaining access to employment rights. At the same time, legislation is creating new forms of employee shareholder status, where employees trade employment rights for shares in the company. New corporate structures are being developed to promote one-man companies, small and medium sized enterprises and hybrid company/partnerships. This paper examines some of these developments in the light of the theory of the firm and the jurisprudence of company and employment law and considers the implications for workers, employers and the self-employed.
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Tuckman, Alan. « Then and Now : Vulnerable Workers, Industrial Action, and the Law in the 1970s and Today ». Historical Studies in Industrial Relations 41, no 1 (1 septembre 2020) : 249–60. http://dx.doi.org/10.3828/hsir.2020.41.12.
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With the much vaunted ‘withering of the strike’, a mythology of past militancy appears to have taken root; militant men taking to the picket line on the flimsiest of pretexts. This stereotype is challenged through exploring two accounts of three strikes, Trico and Grunwick in 1976, and, following the raft of ‘salami slicing’ legislation kettling workers and trade unions, the dispute at Gate Gourmet in 2005. These were acts of desperation by vulnerable workers. Each book highlights the heterogeneity of race and gender, and in some cases how this served to divide workers. The attack on existing conditions and the increased use of agency workers, the issues challenged by Gate Gourmet workers, and continued disputes concerning equal pay, as with the Trico strike, indicate the limited power of organized labour today in the context of the persistence, if not escalation, of employment grievances.
Thèses sur le sujet "Men – Employment – Law and legislation"
1
Loock, Madelaine. « The application of BEE legislation on employment ». Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/17990.
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BBBEE is currently on everyone’s minds and the uncertainty surrounding the changes to the Codes of Good Practice as well as the Sector Codes leaves business owner’s with a feeling of uncomfortable anticipation. The changes to the Codes of Good Practice has set the tone and most of the Sector Codes are being modelled around the Codes. Business owners will have to adapt to the changes and plan in advance in order to avoid being without a compliant BEE certificate. This will entail a strategic analysis of the company’s financial position as well as a strategic BEE plan for the 12 months they will be rated on.
2
Ristow, Liezel. « Sexual harassment in employment ». Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/341.
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Africa as no exception. It is generally accepted that women constitute the vast majority of sexual harassment victims. Sexual harassment is therefore one of the major barriers to women’s equality as it is a significant obstacle to women’s entrance into many sectors of the labour market. The Constitution now provides that no person may unfairly discriminate against anyone on grounds of, inter alia, sex and gender. The Employment Equity Act now provides that harassment is a form of unfair discrimination. It has been said that harassment is discriminatory because it raises an arbitrary barrier to the full and equal enjoyment of a person’s rights in the workplace. Much can be learned from the law of the United States and that country’s struggle to fit harassment under its discrimination laws. The Code of Good Practice on the Handling of Sexual Harassment Cases attempts to eliminate sexual harassment in the workplace by providing procedures that will enable employers to deal with occurrences of sexual harassment and to implement preventative measures. The Code also encourages employers to develop and implement policies on sexual harassment that will serve as a guideline for the conduct of all employees. Although the Code has been subject to some criticism, particularly regarding the test for sexual harassment, it remains a valuable guide to both employers and employees alike. The appropriate test for sexual harassment as a form of unfair discrimination has given rise to debate. Both the subjective test and the objective test for sexual harassment present problems. Some authors recommend a compromise between these two tests in the form of the “reasonable victim” test. The Employment Equity Act makes the employer liable for the prohibited acts of the employee in certain circumstances. The Act, however, places certain responsibilities on the employer and the employee-victim before the employer will be held liable for sexual harassment committed by an employee. Sexual harassment committed by an employee constitutes misconduct and can be a dismissible offence. An employer may also be held to have constructively dismissed an employee, if the employer was aware of the sexual harassment and failed to control such behaviour, and the employee is forced to resign. The test for determining the appropriateness of the sanction of dismissal for sexual harassment is whether or not the employee’s misconduct is serious and of such gravity that it makes a continued employment relationship intolerable. However, for such a dismissal to be fair it must be both substantively fair and procedurally fair.
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Oosthuizen, Tania. « Discrimination based on age in labour law ». Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19484.
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This piece aims to prove that a compulsory retirement age can no longer be justified in South Africa as a constitutional state. In times where people are gradually reaching older ages due to advances in a variety of fields, it seemed that the concept of a compulsory retirement age requires an in depth consideration. This is especially measured against the backdrop of equality and discrimination legislation within The Republic of South Africa. The development of social security law provides the larger framework in which to understand the concept and intentions around retirement. Discrimination and equality legislation demonstrates that age as a listed ground for discrimination does not necessarily simplify the jurisprudence pertaining to it, especially where alternatives have been developed for continued employment. The main point of reference in the South African justice system concerning discrimination disputes is the Harksen v Lane test, whereas the principle encapsulated in Waco v Schweitzer, relates particularly to discrimination based on age. These judgements and subsequent application will be illustrated and considered during the course of this research. The influence of fund rules and fixed-term contracts on the situation will aim to show the reality of the situation. In an effort to show that the problem of an ageing workforce and retirement is not localised to South Africa, an international overview of other constitutional countries is included for context. The comparison goes further to include non-constitutional countries to illustrate the global issue. This comparison was also included in an effort to find alternative strategies that may be utilised in South Africa for retirement and age discrimination legislations and social policies.
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Pauw, Julius Bremer. « Statutory regulation of temporary employment services ». Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1019715.
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This treatise specifically explores section 198 of the Labour Relations Act, 66 of 1995, which regulate temporary employment service. However, before one can assess this section in particular, other legislation has to be considered dealing with temporary employment services, read in conjunction with the Constitution of the Republic of South Africa Act 108 of 1996 (hereinafter the “Constitution”), as all legislation is subject thereto. As summarised by Navsa AJ in the judgment of Sidumo& Another v Rustenburg Platinum Mines Ltd & Others: “The starting point is the Constitution. Section 23(1) of the Constitution of the Republic of South Africa, 1996 provides that everyone has the right to fair labour practices”. The Labour Relations Act, 66 of 1995 (hereinafter the “LRA”) is also subject to the Constitution, and section 198 has to be evaluated and assessed against the Constitution as is set out in section 1 of the LRA, which provides that: “The purpose of this Act is to advance economic development, social justice, labour peace and the democratisation of the workplace by fulfilling the primary objects of this Act, which are (a) to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution...” The LRA was drafted while the Interim Constitution was in effect, this being the reason why section 1(a) refers to section 27 of the Constitution, the Interim Constitution, and not the final Constitution, which was enacted in 1996. The Honourable Justice Conradie held in NAPTOSA & others v Minister of Education, Western Cape & others [2001] 22 ILJ 889 (C): “that the effect of section 1(a) is to ensure that the LRA “[marries] the enforcement of fundamental rights with the effective resolution of labour dispute temporary employment service . . . If an employer adopts a labour practice which is thought to be unfair, an aggrieved employee would in the first instance be obliged to seek a remedy under the LRA. If he or she finds no remedy under that Act, the LRA might come under constitutional scrutiny for not giving adequate protection to a constitutional right. If a labour practice permitted by the LRA is not fair, a court might be persuaded to strike down the impugned provision. But it would, I think, need a good deal of persuasion”. The Constitution and the LRA lay the basis for temporary employment services in the South African law context, and are the primary laws dealing with this topic. Although the main focus of the treatise is section 198 of the LRA in dealing with temporary employment services, it is evident that secondary labour legislation also regulates temporary employment services. It is noteworthy that each piece of legislation has different requirements and/or essentials regulating temporary employment services, even though some of the legislation have very similar provisions. Secondly, each of the pieces of legislation also determines and attaches different meanings to who the real employer is. This is important so as to establish who, as between the temporary employment service and its client, may be held liable for obligations arising out of the employment relationship. A tripartite relationship is created by temporary employment service arrangements, in that there is the temporary employment services –client relationship, the temporary employment service’s employer - employee relationship and the client –employee relationship, each with its own rights, obligations, and requirements for termination. A further focus of the treatise is the problems experienced in the employment relationship between the temporary employment service and its employees and the termination of the relationship. The difficulties and potential unfairness arising from termination of the relationship between the temporary employment service and its employees have resulted in legislative developments and proposed amendments, most notably the repeal of section 198. These proposals are discussed herein, including the question of whether section 198 should be repealed, or whether temporary employment services should be more strenuously regulated in order to resolve the problems being experienced with the application of section 198 in its present form. It is proposed in conclusion that temporary employment services be more strenuously regulated, as the repeal of section 198 will not be socially and economically beneficial to the workforce of South Africa, nor the Labour Market. Further, it would be contrary to the Constitution and purpose of the Labour Relations Act.
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Al, Shaibani Salha. « The changing nature of employment relationships and its challenge for health and safety law ». Thesis, University of South Wales, 2012. https://pure.southwales.ac.uk/en/studentthesis/the-changing-nature-of-employment-relationships-and-its-challenge-for-health-and-safety-law(96bce387-40b5-44f7-a7b9-bf8d387cbff0).html.
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The thesis explores the challenges faced by health and safety law in the UK as a consequence of the continuous changes in the employment relationship. This primarily covers the growth of the different forms of non-standard work. Health and safety law developed through a number of socio-economic changes in the UK. It has moved from only covering particular areas and particular classes of workers in the nineteenth century to wider areas of occupational health and safety and to include more of those at work. The thesis sets out the issues surrounding non-standard work arrangements and how they might affect the application of health and safety law. Key case-law is examined and the legal changes in the area of health and safety carefully analysed. Research has been carried out by others concerning the reasons for and extent of the changing nature of work as an indicator of the changes that took place in the labour market in general; but the research in this thesis concentrates on how the application of health and safety law is challenged by such changes. The central hypothesis of the thesis is that non-standard work by its very nature might put those who are employed under its various types at more risk than their counterpart standard workers. This hypothesis is developed and explored through the field-work. The field-work took the form of a postal questionnaire to workers in the UK in geographical areas selected for their differing characteristics together with some semi structured interviews which sought to introduce a qualitative data element to the quantitative data in order to enrich and elaborate upon the findings of the questionnaire. Analysis of the completed and returned questionnaires revealed that in today's workplace the nature of risk has changed, with an increase in the psychological risk related to work. Both groups of standard and nonstandard workers suffered from stress-related illness. This illustrates the complexity of the concept of vulnerability and how that might challenge the application of health and safety law and affect its efficacy. A number of unexpected issues surfaced through the field-work, such as that working in the different types of non-standard work were effectively involuntary for some of those who chose to work this way. The main reason for their decisions was to be able to provide for the family income as well as to have more control over work and the ability to combine work with other responsibilities including domestic duties. Despite the relatively low number of non-standard workers who participated in the postal questionnaire, it seems that they are in a better position than was hypothesized at the outset, before the field-work took place. Analysis of the semi-structured interviews revealed that interviewees had considerable knowledge and awareness about their employer's general duties in terms of risk assessment and safety training in addition to other significant aspects. This applies to both standard and non-standard workers, which indicates the important improvement in the management of occupational health and safety. However, a serious issue was common to most of those who suffered accident and/or ill-health from both groups of standard of non-standard workers: not reporting their experiences to their employers. In addition, many of those workers did not seek legal advice following their accident and/or ill-health because of fear and uncertainty about their employers' reaction. The thesis concludes with some reflections on the effectiveness or otherwise of health and safety legislation.
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Mnguni, Sihle. « The application of section 17 of the Employment of Educators' Act ». Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/11865.
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The purpose of this treatise is to discuss the implementation of section 17 of The Employment of Educators’ Act1 with a view to examining its shortcomings in fulfilling the requirements of fairness. Section 17 makes dismissal for transgressing any of the misconduct cases listed therein compulsory. This is so because of the use of the term “must” in its opening sentence. The Constitutional Court in Sidumo v Rustenburg Platinum Mines2 emphasizes the consideration of the totality of circumstances before the dismissal sanction is imposed by an employer. These include but not limited to the importance of the rule that has been breached to the employer; the basis of the employee’s challenge to the dismissal; the harm caused by the employee’s conduct; the effect of dismissal on the employee and the length of service. The treatise argues that in its current form section 17 of The Employment of Educators’ Act does not cater for the consideration of these circumstances set by the Constitutional Court. The study will also discuss the applicable dismissal legislation in education. The Constitution of the Republic of South Africa guarantees everyone a right to fair labour practices.3 This right is further qualified by the Labour Relations Act4 in section 185. The Labour Relations Act also has in it Schedule 8 which is a Code of Good Practice: Dismissal. The Code endorses the concept of corrective or progressive discipline5 and the need to give due consideration to certain circumstances before dismissing an employee.6 The consideration of the circumstances listed by the Constitutional Court in Sidumo v Rustenburg Platinum Mines7 and the provisions of items 3(2) and 3(6) cannot be said to be well catered for under section 17 of the Employment of Educators’ Act because of the use of the term “must”. For the principle of fair labour practices to be fully accommodated under section 17 of the Employment of Educators’ Act a need to amend it is necessary. This treatise will introduce amendments that will provide for pre-dismissal arbitration as a possible approach to ensuring full compliance for fairness in dismissals that are as a result of transgressing any of the misconduct cases listed in section 17. Other amendments suggested are aimed at realigning section 17 to other child specific legislation like the Children’s Amendment Act8 and the Sexual Offences and Related Matters Amendment Act.
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Dlamini, David Vusi. « A comparative study of employment discrimination in South Africa and Canada ». Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/330.
Texte intégralRésumé :
South Africa and Canada have emerged from a history fraught of inequalities, which were characterised by segregationist practices. Such inequalities have served as an epitome of discrimination taking place in the society and the workplace in both countries. Both South Africa and Canada had their discrimination affecting black peoples (Africans, Indians and Coloureds) and Aboriginal peoples (Indians, Inuits or Métis) respectively, women and people with disabilities. In both countries discrimination has polarised society. It is against this backdrop that both countries have attempted to eliminate unfair discrimination through the promulgation of relevant legislation that seeks to, inter alia, provide the regulatory framework in respect of employment discrimination. With the foregoing in mind, the purpose of this work is the provision of a selection of comparable aspects of employment discrimination in Canada and South Africa. This selection comprises discrimination on the basis of race, gender, sex, pregnancy, age and HIV/AIDS. The study uses, as its departure point, both countries’ constitutional framework to elicit the extent to which protection against unfair discrimination is extended to the workforce. Apart from looking at the constitutional provisions towards the elimination of unfair discrimination, reference is made to specific employment statutory provisions in order to provide a comprehensive and explicit picture of how workplace discrimination in both countries is regulated. The study focuses on substantive law from both countries about the above -mentioned aspects of discrimination. This is informed by the very nature and scope of the study because any concentration on procedural and evidentiary aspects of discrimination could lead to failure to achieve the objectives of the study. It also looks at specific Canadian and South African case law, judgments of the courts and jurisprudence in the field of employment discrimination in order that the reader is presented with a clearer picture of recent developments in addressing workplace inequalities.
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Rach, Margaret M. (Margaret Mannion). « The Impact of EEO Legislation Upon Selection Procedures for Transfer, Training and Development and Promotion ». Thesis, North Texas State University, 1985. https://digital.library.unt.edu/ark:/67531/metadc331995/.
Texte intégralRésumé :
Legislation, court decisions, and the changing political and social climate provide evidence of the importance of the outcomes of EEO litigation involving challenged selection procedures for transfer, training and development, and promotion. These selection procedures are being challenged by more informed employees and, in many cases, result in costly litigation. Thus, organizations must be aware of the continuing developments in employment law especially as found in court decisions and related legislation. This study investigates judicial and EEOC decisions in discrimination cases to provide answers to these questions: Are organizations aware of the outcomes of EEO litigation involving challenged selection procedures for transfer, training and development, and promotion? Are organizations aware of what constitutes a discriminatory practice in the selection of employees for transfer, training and development, and promotion? Does management recognize and follow nondiscriminatory procedures in selecting personnel for transfer, training and development, and promotion? The purposes of the study are 1. To analyze outcomes of EEO litigation involving challenged selection procedures for transfer, training and development, and promotion; 2. To develop a model set of guidelines to aid organizations in developing nondiscriminatory procedures for use in selecting employees for transfer, training and development, and promotion. This study concludes that many employers are aware of the outcomes of EEO litigation involving challenged selection procedures for transfer, training and development, and promotion. Many employers are also aware of what constitutes a discriminatory practice in the selection of employees for some employment advantage. However, management does not always recognize and follow nondiscriminatory procedures when selecting employees for transfer, training and development, and promotion. The number of cases in which selection procedures were found discriminatory supports this conclusion.
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Gixana-Khambule, Bulelwa Judith. « Unfair discrimination in employment ». Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/359.
Texte intégralRésumé :
In this treatise the South African law relating to unfair discrimination is discussed. The development is traced from the previous dispensation and the few pronouncements of the Industrial Court on discrimination in employment. Thereafter the actual provisions in the law presently applicable, including the Constitution is considered. With reference to leading cases the issue of positive discrimination by adopting affirmative action measures is evaluated and reference is made to other defences like inherent requirements for the job and a general fairness defence. The conclusion is reached that South African law is developing to give effect to the notion of substantive equality with a view to eradicate the systematic discrimination of the past.
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Sipuka, Sibongile, et Supervisor details. « Termination of the contract of employment not constituting dismissal ». Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/4811.
Texte intégralRésumé :
Section 23 of the Constitution provides that everyone has a right to fair labour practice. The constitutional right to fair labour practices includes the right not to be unfairly dismissed and is given effect to by section 185 of the LRA. The constitutional right not to be unfairly dismissed is given effect to by Chapter VIII of the Labour Relations Act 66 of 1995 (the LRA), which provides a remedy for an unfair dismissal. Schedule 8 of the LRA contains a “Code of Good Practice: Dismissal”, which the Commission for Conciliation, Mediation and Arbitration (the CCMA) and the Labour Courts must take into account when determining the fairness of a dismissal. The LRA expressly recognises three grounds for termination of the employment contract namely; misconduct on the part of the employee, incapacity due to an employee’s poor work performance, ill health or injury and termination due an employer’s operational requirements. In terms of the LRA, a dismissal must be procedurally and substantively fair. The requirements for procedural and substantive fairness are contained in Schedule 8 of the Code of Good Practice: Dismissal. The provisions of section 185 of the LRA apply to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency, the South African Secret Service and the South African National Academy of Intelligence. Section 213 of the LRA defines an “employee” as any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration and any person who in any manner assists in carrying out or conducting the business of an employer. Section 200A of the LRA sets out the presumption as to who is an employee. This is a guideline to assist in determining who is an employee. The Basic Conditions of Employment Act 75 of 1997 (the BCEA) sets minimum terms and conditions of employment including the notice of termination of employment. Under the common law an employment contract of employment can be terminated on either the expiration of the agreed period of employment or on completion of the specified task in cases of fixed-term contracts. Also, in terms of general contract principles an employment contract may be terminated by notice duly given by either party or by summary termination in the event of a material breach on the part of either party. The death of either party may terminate the employment contract. However, the death of an employer will not necessarily lead to the contract’s termination. An employment contract may also terminate by operation of law or effluxion of time namely retirement and coming into being of fixed-term contracts, by mutual agreement, employee resigning, due to insolvency of the employer and due to supervening impossibility of performance. In the circumstances indicated above, the termination of the contract of employment does not constitute dismissal. This means that the CCMA and the Labour Court do not have jurisdiction to determine should the employee allege that his or her dismissal was unfair. It has been argued that the instances where a termination of a contract of employment is terminated, but there is no dismissal should be scrutinised to avoid a situation where employees are deprived of protection afforded by the fundamental right not to be unfairly dismissed. There have been some instances where employment contracts contain clauses that provide for automatic termination of employment contracts. It has been held by the courts in various decisions that such clauses are against public policy and thus invalid. The Labour Court stated that a contractual device that renders the termination of a contract something other than a dismissal is exactly the exploitation the LRA prohibits. There are various court decisions providing guidelines of circumstances in which termination of employment may be regarded as not constituting dismissal. The main focus of the treatise is to discuss these instances and critically analyse the approach taken by forums like the CCMA, bargaining councils and the Labour Court in dealing with such instances.
Livres sur le sujet "Men – Employment – Law and legislation"
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Equal opportunities and equal remuneration for men and women in employment. Bombay : Unit for Labour Studies, Tata Institute of Social Sciences, 1988.
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Yves, Beigbeder, dir. From ILO standards to EU law : The case of equality between men and women at work. Leiden : Martinus Nijhoff Publishers, 2008.
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Sweden. Act concerning Equality between Men and Women : The Equal Opportunities Act. Stockholm, Sweden : Allmänna Förlaget, 1992.
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Culture, Sweden Ministry of. Act concerning equality between men and women : The Equal Opportunities Act. Stockholm : The Ministry, 1992.
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European Commission. Directorate-General for Employment, Industrial Relations, and Social Affairs. Unit V/D/5., dir. Equal opportunities for women and men : European Community acts. Luxembourg : Office for Official Publications of the European Communities, 1999.
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M, Verwilghen, Prondzynski Ferdinand von et Commission of the European Communities., dir. Equality in law between men and women in the European Community. Dordrecht : M. Nijhoff Publishers, 1994.
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Barnacle, Peter J. Employment law in Gibraltar, Guernsey and the Isle of Man : International and UK comparisons. London : Institute of Employment Rights, 2004.
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Jämställdhetsenheten, Sweden Civildepartementet. Tio år med jämställdhetslagen : Utvärdering och förslag : remissyttranden över jämställdhetsutredningens betänkande (SOU 1990:41) : en sammanställning. [Stockholm] : Civildepartementet, 1991.
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Arbetsmarknadsdepartementet, Sweden, et Sweden, dir. The Swedish act on equality between women and men at work. Equal opportunities agreements in the private and public sector. Stockholm, Sweden : Ministry of Labour, 1985.
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Too old, too ugly, and not deferential to men. Rocklin, CA : Prima Pub. and Communications, 1988.
Trouver le texte intégralChapitres de livres sur le sujet "Men – Employment – Law and legislation"
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Benson, Edward. « The Employment Legislation ». Dans The Law of Industrial Conflict, 12–28. London : Palgrave Macmillan UK, 1988. http://dx.doi.org/10.1007/978-1-349-08802-7_2.
Texte intégral
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Winstone, Julia. « Towards Gender Equality in the Solicitors’ Profession in England and Wales A Practical, Intersectional, Socio-legal Approach ». Dans Towards Gender Equality in Law, 177–92. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-98072-6_9.
Texte intégralRésumé :
AbstractOver 30 years of initiatives to improve the career progression of women in the solicitors’ profession in England and Wales have failed to achieve gender equality in practice. Equality legislation from the 1970s onwards, has still not translated to equality for women solicitors in retention, progression, partnership and equal pay in private practice. Significant numbers of women have entered the profession and remained at junior levels since the 1970s, outnumbering male entrants since 1992-3 and practising men solicitors since 2017. A gap persists between participation rates for men and women, with the number of women active in the profession reducing with age and experience. This chapter presents a practical, intersectional, socio-legal approach to overcome the barriers faced by many women solicitors, based on current issues identified by practising, non-practising solicitors and left professionals. Practical initiatives are developed to effect meaningful change in practice to maximise opportunities available for all.
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Padrón, Thais Guerrero, Ljubinka Kovačević et Mª Isabel Ribes Moreno. « Labour Law and Gender ». Dans Gender-Competent Legal Education, 583–630. Cham : Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-14360-1_17.
Texte intégralRésumé :
AbstractThe chapter presents an overview of key labour law institutions, aiming at discussing the importance of the gender perspective in labour law. Therefore, the introductory section of the chapter will put this issue into the context of historical and conceptual framework genesis of regulating employment relationships. These issues are connected with the legal subordination and economic dependence of employees, which produce the need to create and implement norms that protect employees, as a weaker party to the employment relationship. This includes the limitation of employers’ (managerial, normative and disciplinary) prerogatives, in order to create the conditions for effective enjoyment of the right of jobseekers and employees for protection against gender-based discrimination. The labour law is, in this regard, traditionally conceived according to the model of a male worker, who is employed on the basis of a standard employment contract (open-ended full time employment contract). This then results in a failure to recognise or provide sufficient consideration of the specific needs that women have as participants in the labour market. The use of the feminist method, which included the understanding of gender as an analytical category in the field of labour law, opened up a new set of labour law issues. For example, in easing the ban on women working in physically demanding jobs, and the conceptualisation of the need to reconcile the professional and family duties of employees.. On the other hand, contemporary labour law, when creating conditions for achieving gender equality, is aimed primarily at women’s empowerment in the world of work. Persisting with this approach can lead to an oversimplified understanding of the principle of gender equality, ignoring the special needs of men in the world of work, as well as ignoring the importance of their role for consistent implementation of the principle of gender equality and women’s empowerment. The second section of the chapter will provide analysis of gender-based discrimination during the hiring process. Other sections will cover the risk of gender-based discrimination regarding rights, obligations and duties deriving from employment relationship, labour law measures to encourage improvements in the occupational safety and health, work-life balance for parents and caregivers, sexual harassment at work and promotion of gender equality in collective labour law.
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Hahs, Jenny. « From Geneva to the World ? Global Network Diffusion of Antidiscrimination Legislation in Employment and Occupation : The ILO’s C111 ». Dans Networks and Geographies of Global Social Policy Diffusion, 195–225. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-83403-6_8.
Texte intégralRésumé :
AbstractThe adoption of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) marked ILO’s first endorsement to universal non-discrimination and an early equal opportunity approach at work. Albeit considered to be premised upon “a traditional, formal-equality and formal-workplace vision of antidiscrimination law,” the convention marked a genuine new strand in international standard-setting in the Post-World War II and Philadelphia Declaration time. However, due to the implicit formal vision, it is assumed that ratification was more attractive and more feasible for countries of the Global North first. Following, this behavior diffused through colonial ties time-varying toward the Global South. Whether this assumption holds will also be studied regarding the moderating effects of networks of culture, trade, and regional proximity.
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Zoppoli, Lorenzo. « Valori, diritti e lavori flessibili : storicità, bilanciamento, declinabilità, negoziabilità ». Dans Studi e saggi, 305–31. Florence : Firenze University Press, 2022. http://dx.doi.org/10.36253/978-88-5518-484-7.20.
Texte intégralRésumé :
This article traces the national and EU legal framework after the progressive affirmation of the so-called flexible and non-standard contracts, with particular regard to fixed-term contracts, temporary agency work, part-time work and to work on demand. According to the author, notwithstanding deep changes in legislation, collective bargaining, case-law and in doctrine, the centrality of the legal value attributed to permanent contract of employment was not called into question. However, the techniques of promotion and protection of this crucial value are not consequent. Such a value has been recently reaffirmed also at European level by the Social Pillar and the directives of 2018 and 2019. This discrepancy can be overcome by specifying better the notion and sanctions in case of abuse of atypical work and by reinforcing legitimacy and negotiating skills of workers at both individual and collective level.
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Schnabel, Reinhold. « Migrants’ Access to Social Protection in Germany ». Dans IMISCOE Research Series, 179–93. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-51241-5_12.
Texte intégralRésumé :
Abstract Migration patterns in Germany have changed considerably during the post-war period. The active recruitment of “guest workers” stopped during the 1970s and was replaced by family reunification. Two big crisis-driven immigration waves swept Germany, following the collapse of Yugoslavia and the crises in the countries from Syria to Afghanistan. These immigration waves triggered legislation aimed at reducing immigration incentives, especially in the asylum law. From the early 2000s on, German policy turned more liberal following the EU Directives on freedom of movement and for highly qualified persons from non-EEA countries. Migration patterns changed dramatically, with EEA countries becoming the leading source of German immigration. EEA countries replaced the Anglo-Saxon immigration countries as the leading sources and destinations of migration. It is reassuring for economic policy that EU migrants, notably from Bulgaria and Romania, display high levels of employment and have boosted German employment, while unemployment rates reached historic lows. During the past decades, migration obstacles for EEA citizens have been lowered or abolished. Main obstacles to immigration of non-EEA citizens persist due to the restrictive law on residence permits. As a result, student visas, academic credentials, or family reunification are the main legal pathways to Germany. Given the difficulty to proof the equivalence of a foreign non-academic degree, it is far more promising for persons from third countries to apply for asylum with the chance to get a permanent residence permit after several years as a tolerated migrant.
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Lorgat, Aisha. « “No, We Are Not Fighting Against Foreign Workers and We’ll Never Fight Against Foreign Workers” : Trade Unions and Migrant Rights ». Dans IMISCOE Research Series, 247–60. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-92114-9_17.
Texte intégralRésumé :
AbstractInternational human rights instruments do not explicitly include protection of undocumented migrants, but arguments for their inclusion are made on both normative and pragmatic basis. These denizens are often prevented from accessing rights de facto due to social practices, even when they are accorded de jure rights through legislation. As a result, the overwhelming majority of migrants are faced with limited options, have little voice, and have to make a living among and as part of the precariat. After 1994, South Africa was increasingly seen as a favourable destination for migrants seeking asylum and/or economic opportunities. Migrants are perceived as serving as a reserve of labour that is highly flexible, easily exploited, and unlikely to seek legal recourse for violations of labour law or to join a trade union. This labour market effect is particularly apparent and problematic in host countries with pre-existing high unemployment rates. As official workers representatives trade unions have a major role to play in recognising and mitigating the dangers inherent in dividing workers into citizens and denizens. Trade unions themselves though are in decline, with union density rates falling largely as a result of increasing use of non-standard employment arrangements by employers. Trade unions find it extremely difficult to access and organise these atypical workers, many of whom are migrants. The research for this chapter considered official union publications as well as interviews with trade union officials in the construction sector in Cape Town to assess trade unions responsiveness to migrant rights claims. Migrants are generally located in the periphery due to their more vulnerable status, and this position in the labour market renders their claims to rights and the role of trade unions in supporting these claims more difficult but equally necessary.
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« Employment law ». Dans Oxford Handbook of Occupational Health 3e, sous la direction de Steven S. Sadhra, Alan J. Bray, Steve Boorman, Steven S. Sadhra, Alan J. Bray et Steve Boorman, 591–610. Oxford University Press, 2022. http://dx.doi.org/10.1093/med/9780198849803.003.0026.
Texte intégralRésumé :
Health and Safety, Data Protection. Equality and other Employment Law and Environmental Legislation have significant import in occupational health practice and employers rely on advice from practitioners to support compliance. Legal compliance may require balanced consideration of more than one Statute and also ethical practice. Diana Kloss has huge experience in teaching and advising OH practitioners and is a leading author on these subjects.
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« Environmental legislation ». Dans Oxford Handbook of Occupational Health 3e, sous la direction de Steven S. Sadhra, Alan J. Bray, Steve Boorman, Steven S. Sadhra, Alan J. Bray et Steve Boorman, 619–28. Oxford University Press, 2022. http://dx.doi.org/10.1093/med/9780198849803.003.0028.
Texte intégralRésumé :
Health and Safety, Data Protection. Equality and other Employment Law and Environmental Legislation have significant import in occupational health practice and employers rely on advice from practitioners to support compliance. Legal compliance may require balanced consideration of more than one Statute and also ethical practice. Diana Kloss has huge experience in teaching and advising OH practitioners and is a leading author on these subjects.
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« UK health and safety legislation ». Dans Oxford Handbook of Occupational Health 3e, sous la direction de Steven S. Sadhra, Alan J. Bray, Steve Boorman, Steven S. Sadhra, Alan J. Bray et Steve Boorman, 545–90. Oxford University Press, 2022. http://dx.doi.org/10.1093/med/9780198849803.003.0025.
Texte intégralRésumé :
Health and Safety, Data Protection. Equality and other Employment Law and Environmental Legislation have significant import in occupational health practice and employers rely on advice from practitioners to support compliance. Legal compliance may require balanced consideration of more than one Statute and also ethical practice. Diana Kloss has huge experience in teaching and advising OH practitioners and is a leading author on these subjects.
Actes de conférences sur le sujet "Men – Employment – Law and legislation"
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Danev, Vladimir. « THE INSTITUTE OF REVOCATION OF AN ORDER FOR IMPOSITION OF A DISCIPLINARY PENALTY DISMISSAL ACCORDING TO THE LABOR CODE ». Dans THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.126.
Texte intégralRésumé :
The paper examines the institute for revocation of issued by the employer order for impo-sition of disciplinary sanction dismissal, which terminates also the employment contract - on employer's initiative - according to the legal frame of the Labour code. Based on the analysis of the Labour law regulations, as well as also the existent juridical doctrine and practice in its application actual problems and tendencies are marked. In conclusion proposals for improve-ment of the Bulgarian legislation in the area of the examined institute and recommendation of its practical application are made.
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Ivanova, Oksana Evgenevna, et Viktoriia Aleksandrovna Mishustina. « World Experience in Using Remote Forms of Employment : Advantages and Disadvantages ». Dans All-Russian scientific and practical conference with international participation. Publishing house Sreda, 2021. http://dx.doi.org/10.31483/r-98928.
Texte intégralRésumé :
Remote forms of employment in modern conditions are in the sphere of close attention of both developed and developing countries. The article analyzes the consequences of the transfer of employees to remote work, considers the latest changes in the labor legislation of various countries related to remote employment. The problems of Russian labor law related to the regulation of remote work, as well as the reasons that led to the need to change labor legislation in terms of the use of non-standard forms of employment in Russia, are identified
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Ivanova, Pavlina. « THE EXTRAORDINARY ASPECTS OF LABOR RELATIONS ». Dans THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.105.
Texte intégralRésumé :
The unprecedented situation in 2020 put employers in a state of uncertainty and challenged them to find new forms of work, maintain employment relationships, ensure a safe working environment and working conditions, and at the same time comply with regulatory requirements. In this context, labor legislation has had to be adapted to the new circumstances in which the elements of the employment relationship have acquired "extraordinary" aspects. The purpose of this report is to review new aspects of labor relations in a pandemic environment, discussing regulatory changes, their consequences and opportunities.
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Aleksandrov, Andrey. « FOR THE FAILED DIGITALIZATION OF THE EMPLOYMENT DOCUMENTATION AND THE JUSTICE ON LABOR DISPUTES AND THE DAMAGES SUFFERED BY THE SOCIETY FROM THIS ». Dans THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.338.
Texte intégralRésumé :
Still slow and uncertain, but still tangible, our labor legislation is beginning to recognize the benefits of digitizing labor law documentation - speed, security, economy, etc. The most important step in this direction was the adoption of the Ordinance on the type and requirements for the creation and storage of electronic documents in the employment file of the employee in 2018. However, are the administrative and judicial practice ready for such a "revolution"? From today's point of view, the possible conclusions do not seem promising.
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Amin, Latif. « Difficulties in issuing the constitution of the Kurdistan Region ». Dans INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp181-190.
Texte intégralRésumé :
The Constitution is the basic law and from it all authorities derive their powers and the legitimacy of their actions, through which the form of the state, its government, its system of governance, the nature of authorities, their competencies, the relations between them, and their limits are determined, in addition to determining the rights of citizens: individuals and groups, and ensuring the performance of these rights for them. It is the right of any region or state in the federal state to have a constitution, and in the Kurdistan region it was possible to establish a constitution for the region since 1992 after the issuance of the federal statement by the Parliament of Kurdistan, which decided to define the right of the Kurds to disobey as a formula for peaceful coexistence in federalism, but this was not done, Since the issuance of the Iraqi Constitution of 2005 and its entry into force in 2006 and its recognition of the Kurdistan Region as a region within federal Iraq, the region should have drawn up its constitution based on the provisions of Article 120 of the Constitution. Undoubtedly, there are several internal and regional reasons and obstacles that stand in the way of the enactment of the constitution in the most valuable of them - There is no single supreme authority in the region, but there are two authorities, one in Erbil and the other in Sulaymaniyah, both of whom consider themselves equal to the other The regional impact represented by the interventions of the two neighboring countries, Iran and TurkeThe absence of the mentality of the statesmen, but the mentality of the men of power and the party, and looking at the constitution from a narrow hierarchical perspective. In order for the region to have a good constitution, these obstacles must be removedy
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Petrović, Jovana. « USLUGE AGENCIJA ZA PRIVREMENO ZAPOŠLjAVANjE ». Dans XV Majsko savetovanje : Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.527p.
Texte intégralRésumé :
Temporary agency work is an atypical form of employment that is becoming more frequently used as an alternative to standard labour relationship. It is a complex, ‘triangular’ legal relationship, which involves temporary-work agency, employee employed by the agency and a user firm, to which the agency assigns the employee. This is not a new legal institute, but it has become popular and somewhat legally regulated in the territory of the former SFRY in the last ten years. The Republic of Serbia does not have regulations that would regulate this specific issue, although these agencies exist in practice and in large numbers operate in the labor market of Serbia. However, Serbia has taken a step on the road to that. Namely, the Ministry of Labor has published the Draft Law on Agency Employment with the aim of providing legitimate employment and guaranteeing a working position of the transferred workers who are guaranteed to the employees with the employer. By introducing the legal framework for work through the temporary employment agency, the labor legislation of the Republic of Serbia is harmonized with the international standards of the ILO and the EU. By clearly defining the temporary employment agencies and specifying the conditions for their work, the rights and obligations of persons who conclude an employment contract with the temporary employment agency for the purpose of assigning temporary employment to the employer, and other mutual rights and obligations of the employees, agencies and employers of the users, This area and maximally protect the so-called. agency employees. Namely, agency employees will receive equal wages and other basic working conditions, safety and health at work and other working conditions applicable to employees directly employed by the employer-user (according to which the order and instructions of the agency employee work).
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Vlasov, Dmitry. « SYNERGY OF THE BUSINESS COMMUNITY ELECTRONIC PLATFORM FOR INTERNATIONAL ECONOMIC ACTIVITY PARTICIPANTS AND UNIFIED AUTOMATED INFORMATION SYSTEM OF CUSTOMS SERVICES (UAIS) AS A BREAKTHROUGH TECHNOLOGY FOR RUSSIAN TRANSIT POTENTIAL GROWING AND STRENGTHENING COOPERATION IN THE INTERNATIONAL MARKET ». Dans Globalistics-2020 : Global issues and the future of humankind. Interregional Social Organization for Assistance of Studying and Promotion the Scientific Heritage of N.D. Kondratieff / ISOASPSH of N.D. Kondratieff, 2020. http://dx.doi.org/10.46865/978-5-901640-33-3-2020-128-138.
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The implementation of communication identification tools in form of comprehensive triple toolkit as part of the “transparent international transport green corridor” will significantly simplify and accelerate the rate of passage and movement for transit foreign trade cargo flows. It will help law-abiding business community as foreign trade participants to follow the customs legislation within the customs territory of the EAEU, as well as to follow the level and quality of customs control at border checkpoints and within the route of goods along the entire transport corridor. The innovations will provide a huge regional infrastructure and socio-economic stability of regions, districts and settlements, thus it will lead to the stable employment of Russia and other EAEU citizens, as well as other world country-partners that take part in the “transparent international transport green corridor”.
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Morina, Gazmend, et Gani Kastrati. « ENVIRONMENTAL EXPENDITURE OF ENTERPRISES, IN MINING SECTOR IN KOSOVO ». Dans 22nd SGEM International Multidisciplinary Scientific GeoConference 2022. STEF92 Technology, 2022. http://dx.doi.org/10.5593/sgem2022/5.1/s21.072.
Texte intégralRésumé :
Environmental expenditures include all environmental protection expenditures to prevent, reduce and control environmental aspects, impacts and hazards, in addition to the costs of disposal, treatment, hygiene and cleaning. Environmental protection expenditures are defined as investments of enterprises allocated to reduce direct environmental pollution. In this scientific paper we will address the topic of environmental costs of enterprises in the mining sector in Kosovo. All enterprises of the mining industry in Kosovo are obliged by legislation to allocate or plan a budget for environmental expenditures. The Independent Commission for Mines and Minerals is an independent agency defined by the Constitution of the Republic of Kosovo, which regulates mining activities in Kosovo in accordance with the Law on Mines and Minerals, bylaws issued in accordance with the Law on Mines and Minerals and Kosovo Mining Strategy. This institution has determined by administrative instruction the expenses which the enterprises of the mining sector are obliged to deposit in the form of bank guarantees, for the closure of the mine, after the expiration of the license or permit. This type of expense for the company is otherwise called insurance "for all risks to third parties". Collecting high quality and reliable environmental expenditure data is essential for policymakers to develop effective environmental policies and for donors and financial institutions. Environmental criteria consider how a company performs as a nature manager. Mining areas often experience a theme of social tension due to the potential compromise between the expected impact of employment and concerns about environmental damage. Pollution control is a necessary condition for welfare benefits despite new job opportunities in the mining sector. Mining operations often require intensive use of water resources, require land and can create severe environmental externalities, including soil erosion and pollution, air and water, pollution from acid mine drainage, to chemical leakage and sedimentation. During this paper we will be based on some methods of scientific research such as: analysis, synthesis, generalization, specification, etc. We will be based on publications or official reports of relevant institutions, Kosovo and international legislation related to the topics addressed as well as field visits to the mining sector enterprises in Kosovo, which allocate more budget for environmental expenditures, for due to the activity they exercise. Finally, we will give our conclusions regarding the adequacy of environmental expenditures made by mining sector companies in Kosovo, the legislation in force and the need to amend or supplement this legislation, etc.
Rapports d'organisations sur le sujet "Men – Employment – Law and legislation"
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Saha, Amrita, Jodie Thorpe, Keir Macdonald et Kelbesa Megersa. Linking Business Environment Reform with Gender and Inclusion : A Study of Business Licensing Reform in Indonesia. Institute of Development Studies (IDS), janvier 2021. http://dx.doi.org/10.19088/k4d.2021.001.
Texte intégralRésumé :
Business environment reform (BER) targets inadequate business regulations. It is intended to remove constraints to business investment, enabling growth and job creation, and create opportunities for international business to contribute to and benefit from this growth. However, there is a lack of detailed knowledge of the impact of BER on gender and inclusion (G&I). While a review of existing literature suggests that in general, there is no direct link between BER and G&I, indirect links are likely through the influence of BER on firm performance. Outcomes will be influenced by the differential ways in which women-led firms experience the business environment when compared to their male counterparts, with disparities based on how they are treated under the law, as well as structural and sociocultural factors. The fact that in many countries, female-led firms are fewer and smaller than those of their male counterparts, and may operate in different sectors, also affects these dynamics. This research offers new insights through an in-depth analysis of the impact of the Pelayanan Terpadu Satu Pintu (PTSP) or one-stop shop business licensing reform in 2009 on firm performance in Indonesia, and how these impacts vary based on the gender of firm leadership. The results find that on average, firms benefited from improved business performance (sales), as a direct or indirect effect of this reform, as well as an increase in the number of medium and large-scale firms. Outside Jakarta (Bali, Banten, Lampung), women-led firms experienced a small but significant benefit relative to male-led firms, related to both sales and the number of medium and large-scale firms they run. In Jakarta, women-led firms continued to lag behind men and there were no significant effects on employment, and this held across province and gender. These findings are based on an analysis of the PTSP reform using data from the World Bank Enterprise Survey (WBES), a survey of small, medium and large firms (i.e. with more than four employees) which took place in Indonesia between 2009 and 2015.