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1
Högberg, Björn, Mattias Strandh et Anna Baranowska-Rataj. « Transitions from temporary employment to permanent employment among young adults : The role of labour law and education systems ». Journal of Sociology 55, no 4 (1 octobre 2019) : 689–707. http://dx.doi.org/10.1177/1440783319876997.
Texte intégralRésumé :
Temporary work is common across Europe, especially among young people. Whether temporary employment is a transitory stage on the road to standard employment, and whether this varies depending on institutional contexts, is controversial. This article investigates variability in transition rates from temporary to permanent employment across Europe, and how this is related to employment protection legislation (EPL) and the vocational specificity of education systems. We utilize harmonized panel data from the European Union Statistics on Income and Living Conditions, covering 18 European countries and including 34,088 temporary workers aged 18–30. The results show that stricter EPL is associated with lower rates of transitions to permanent employment, while partial deregulation, with strict EPL for permanent contracts but weaker EPL for temporary contracts, is associated with higher transition rates. Vocationally specific education systems have higher transition rates, on average. Moreover, the role of EPL is conditional on the degree of vocational specificity.
2
Wilczyński, Robert. « REGULACJE DOTYCZĄCE RÓWNEGO TRAKTOWANIA I ZAKAZU DYSKRYMINACJI W ZATRUDNIENIU TYMCZASOWYM ». Zeszyty Prawnicze 14, no 2 (7 décembre 2016) : 171. http://dx.doi.org/10.21697/zp.2014.14.2.09.
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REGULATIONS FOR EQUAL TREATMENT AND PROHIBITION OF DISCRIMINATION IN TEMPORARY EMPLOYMENTSummaryThe article discusses the legislation on equal treatment and non-discrimination in temporary employment in the light of the requirements of the Directive of the European Parliament and the European Council 2008/104/EC of 19 November 2008 on temporary agency work. The author recalls the legislative process related to the adoption of the Directive, in particular the legal discrepancies between the social partners and between EU countries, and analyses the content of the Directive. He then presents the provisions of the Polish labour law on equal treatment and non-discrimination. The main part of the article is devoted to a discussion of the adaptation of the legal norms on equal treatment and non-discrimination in the Act of 9 July 2003 on the employment of temporary workers and other legal acts regulating this matter to the recommendations set out in this Directive. The author analyses the current level of compliance of the Polish legislation with the requirements of the EU Directive, presents controversies in the literature, and makes recommendations de lege ferenda.
3
Senčur Peček, Darja. « Social protection of workers in non-standard forms of employment in Slovenia ». Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, no 4 (2019) : 1561–96. http://dx.doi.org/10.30925/zpfsr.39.4.5.
Texte intégralRésumé :
The article deals with legal position of individuals who work in various nonstandard forms of employment in Slovenia. The author analyses labour law protection and social position of workers, carrying out the work in forms of temporary work (fixed-term employment, temporary and occasional work of students and retired people), in employment relationships with more than two parties (temporary agency work), and also the position of false self-employed and economically dependent persons. It is evident that these forms of work are not precarious on their own, since Slovenian legislation provides the workers with rather proper protection during the period, in which they work, and moreover, these workers are also entitled to rights from social insurance schemes (in narrower of broader scope). The situation is different in cases of abuse of these forms of work and in cases of false self-employed persons and other disguised employees, when workers are only entitled to a limited scope of rights in spite of working in relationships with elements of a standard employment relationship. In order to prevent these cases, not only additional legislation solutions and labour market measures are needed, but labour inspection will also have to be increased and furthermore, the awareness of employers and the society regarding long-term impacts of use of such non-standard forms of work will have to be raised.
4
Burgess, John, et Lars Mitlacher. « Temporary Agency Work in Germany and Australia : Contrasting Regulatory Regimes and Policy Challenges ». International Journal of Comparative Labour Law and Industrial Relations 23, Issue 3 (1 septembre 2007) : 401–31. http://dx.doi.org/10.54648/ijcl2007019.
Texte intégralRésumé :
A common development among OECD and EU countries is the increase of temporary agency work in the last decade despite different regulatory regimes. For the researcher, agency work is an interesting topic as it is part of the romance of flexible working patterns, the new economy and a new type of employment arrangements; but is also part of a process that undermines employment conditions, collectivism and workers’ rights. Using Germany as an example of a country with a highly regulated temp industry and Australia as a country with very little regulation in this area, the paper outlines the growth and extent of agency employment in each country and examines the regulatory regime that applies in each country. The regulation of temporary agency work in Germany and Australia will be contrasted with the proposed legislation by the European Directive on temporary agency work in order to develop new proposals for an advanced supra-national regulatory approach on temporary agency work.
5
Mironenko, O. « What Determines the Costs of EmploymentProtection Legislation for Employers ? Evidence from Cross-country Enterprise Surveys ». Voprosy Ekonomiki, no 7 (20 juillet 2014) : 127–43. http://dx.doi.org/10.32609/0042-8736-2014-7-127-143.
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The article examines the determinants of the costs incurred by employers while they fulfill the requirements of employment protection legislation. Using the World Bank Enterprise Surveys data from over 50,000 firms in 93 countries in 2005-2011 we verify that, ceteris paribus, these costs are higher for large, private, domestically owned firms in the manufacturing sector, as well as for those enterprises which are more covered by enforcement. With firm characteristics held constant, the costs of employment protection are significantly higher in more developed countries with stricter regulation of temporary employment and higher relative minimum wage, and are considerably less in countries with socialist and German legal systems than in the common law countries.
6
Newman, Andrew. « The Legal In/Security of Temporary Migrant Agricultural Work : Case Studies from Canada and Australia ». Deakin Law Review 18, no 2 (1 décembre 2013) : 361. http://dx.doi.org/10.21153/dlr2013vol18no2art43.
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Despite differing labour law systems and program structures, temporary migrant agricultural workers under the Canadian Seasonal Agricultural Worker Program and Australian Seasonal Worker Program often possess minimal security of employment rights and protections, despite potentially lengthy periods of consecutive seasonal service to the same employer. Such lesser rights and protections are partly due to the central role played by continuity of service in determining the length of reasonable notice periods and the strength of unfair dismissal protections and stand-down/recall rights. Although it is often presumed that the temporary duration of the seasonal work visa necessarily severs the legal continuity of the employment relationship, such is not the case. This article argues that security of employment rights and protections can be re-conceptualised to recognise non-continuous seasonal service within the current parameters of a fixed-term work visa. In both Canada and Australia this could be accomplished through contractual or collective agreement terms or through the amendment of labour law legislation. Such reforms would recognise a form of unpaid ‘migrant worker leave’, whereby the legal continuity of employment would be preserved despite periods of mandatory repatriation, thus allowing accrual of security of employment rights and protections.
7
Fourie, E. S. « Non-Standard Workers : The South African Context, International Law and Regulation by The European Union ». Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no 4 (4 juillet 2017) : 109. http://dx.doi.org/10.17159/1727-3781/2008/v11i4a2787.
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The current labour market has many forms of employment relations that differ from full-time employment. "Atypical," "non-standard," or even "marginal" are terms used to describe these new workers and include, amongst others, parttime work, contract work, self-employment, temporary, fixed-term, seasonal, casual, piece-rate work, employees supplied by employment agencies, home workers and those employed in the informal economy. These workers are often paid for results rather than time. Their vulnerability is linked in many instances to the absence of an employment relationship or the existence of a flimsy one. Most of these workers are unskilled or work in sectors with limited trade union organisation and limited coverage by collective bargaining, leaving them vulnerable to exploitation. They should, in theory, have the protection of current South African labour legislation, but in practice the unusual circumstances of their employment render the enforcement of their rights problematic. The majority of non-standard workers in South Africa are those previously disadvantaged by the apartheid regime, compromising women and unskilled black workers. The exclusion of these workers from labour legislation can be seen as discrimination, which is prohibited by almost all labour legislation in South Africa. This contribution illustrates how the concept of indirect discrimination can be an important tool used to provide labour protection to these workers. The purpose of this article is to explore the scope of the extension of labour rights to non-standard workers in the context of South African labour laws and the international framework.
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Guastaferro, Barbara. « The unexpectedly talkative ‘dumb son’ : the Italian Constitutional Court’s dialogue with the European Court of Justice in protecting temporary workers’ rights in the public education sector ». European Constitutional Law Review 13, no 3 (septembre 2017) : 493–524. http://dx.doi.org/10.1017/s1574019617000220.
Texte intégralRésumé :
Judicial cooperation – Italian Constitutional Court – National Constitutional Courts’ attitude towards preliminary reference to the European Court of Justice – First and second preliminary reference of the Italian Constitutional Court inindirectproceedings – Constitutional review of national legislation inconsistent with EU law – Relationship between EU law and constitutional concerns – Added value of Constitutional Courts in protecting constitutional identity – Multilevel protection of fundamental rights – EU Framework agreement on fixed-term work and European Court of Justice case law – Italian legislation on fixed-term work – Italian legislation on recruitment in State schools – Abuse arising from the use of successive fixed-term employment contracts – Judicial defence of workers’ rights – Cooperation between judges and legislators – Balancing between social rights and budgetary constraints –Mascolocase –Tariccocase
9
Senčur Peček, Darja, Sandra Laleta et Karla Kotulovski. « Ugovorni odnosi u vezi s privremenim agencijskim radom ». Zbornik Pravnog fakulteta Sveučilišta u Rijeci 40, no 3 (2020) : 1101–27. http://dx.doi.org/10.30925/zpfsr.40.3.6.
Texte intégralRésumé :
This article analyses the contractual relationships concerning temporary agency work: specificities of the employment contract between the agency (as an employer) and worker; contractual relationship between agency and the user undertaking and the factual relationship between the user and agency workers. Concerning the employment relationship between the agency and worker, the analysis focuses on the fact that only legal subject that fulfils specific conditions can operate as an agency; further, on the duration of the employment relationship, the workplace, rights and the termination of the employment relationship. Despite the fact that the agency and the user conclude the commercial contract, those contractual parties are limited by the labour law rules that are the object of the analysis in this article. Thirdly, the article deals with the relationship between the agency worker and user, that is not formalized by the conclusion of the contract, but regulated by the labour legislation, that prescribes the workers’ rights and its impact on the user’s stable workers’ rights. The authors analyse the mentioned contractual relationships as regulated in Croatian and Slovenian labour law, as well as by EU law, giving the examples of good practice used in some European countries.
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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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Mendzhul, M., et A. Kalko. « Сertain problems of implementing the right to work under martial law ». Analytical and Comparative Jurisprudence, no 5 (30 décembre 2022) : 168–71. http://dx.doi.org/10.24144/2788-6018.2022.05.30.
Texte intégralRésumé :
The article examines certain problems of implementing the right to work under martial law. The doctrinal approaches to the understanding of the right to work, the systems of labor rights are analyzed, and the peculiarities of the regulation of labor relations introduced under the conditions of martial law in Ukraine are clarified. It is justified that the constitutional right to work can be and is limited in wartime conditions.
It has been proven that in Ukraine there was a timely response to the need for changes in the regulation of labor relations, which was done by adopting a special law "On the organization of labor relations under martial law". The provisions of the specified law allow more flexible regulation of labor relations, new norms have been introduced (for example, suspension of the employment contract), a number of guarantees are provided for the employee (the possibility of terminating the contract within the period specified in the application, etc.) and the employer (the possibility of dismissing the employee even during his temporary disability, etc.). Considering the fact that the war continues, amendments and additions were already made to this law in July, and obviously its provisions need to be improved, including for the proper protection of the rights of workers in the conditions of martial law.
Losses to the economy and the labor market in Ukraine, approaches and forecasts of experts to the prospects of restoring the level of employment in Ukraine after the war were also analyzed. Empirical data on the issues of appeals for legal assistance of employees have been studied. It has been established that the loss of jobs and employment guarantees are key problems for millions of Ukrainians.
Particular attention within the framework of the study is devoted to the analysis of the issue of freedom of labor in the conditions of martial law, when forced involvement in certain types of work is possible. In addition, the institution of suspension of the employment contract, under which a forced temporary termination of the employment contract takes place, has been carefully analyzed. The need to amend the labor legislation to guarantee employees the right to cancel the suspension of the employment contract is substantiated.
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Duraj, Tomasz. « Powers of Trade Union Activists Engaged in Self-Employment – Assessment of Polish Legislation ». Acta Universitatis Lodziensis. Folia Iuridica 95 (30 mars 2021) : 83–100. http://dx.doi.org/10.18778/0208-6069.95.08.
Texte intégralRésumé :
The objective of the foregoing article is an analysis of the rights which the Polish legislature granted to self-employed trade union activists after the extension of coalition rights to these persons. In this regard, the trade union law extended to self-employed persons working as sole traders protection, which until 2019 was reserved exclusively for employees. Pursuant to the amendment of July 5, 2018, self-employed trade union activists were granted – based on international standards – the right to non-discrimination on the basis of performing a trade union function, the right to paid leaves from work, both permanent and ad hoc in order to carry out ongoing activities resulting from the exercise of a trade union function, and the protection of the sustainability of civil law contracts which form the legal basis for the services provided. the exercise of a trade union function, and the protection of the sustainability of civil law contracts which form the legal basis for the services provided. The author positively assesses the very tendency to extend employee rights to self-employed persons acting as union activists. However, serious doubts are raised by the scope of privileges guaranteed to non-employee trade union activists and the lack of any criteria differentiating this protection. Following the amendment of the trade union law, the legislator practically equates the scope of rights of self-employed trade union activists with the situation of trade union activists with employee status. This is not the right direction. This regulation does not take into account the specificity of self-employed persons, who most often do not have such strong legal relationship with the employing entity as employees. The legislature does not sufficiently notice the distinctness resulting from civil law contracts, which form the basis for the provision of work by the selfemployed the separateness resulting from civil law contracts, which constitute the basis for the performance of work by the self-employed. According to the author, the scope of rights guaranteed de lege lata to self-employed union activists constitutes an excessive and unjustified interference with the fundamental principle of freedom of contract on the basis of civil law employment relations (Art. 3531 of the Civil Code). From the point of view of international standards, it would be enough to ensure the right of these persons to non-discrimination on the basis of performing a trade union function; the right to unpaid temporary leaves from work in order to perform current activities resulting from the performed trade union function; the right to high compensation in the event of termination of a civil law contract with a self-employed trade union activist in connection with the performance of his functions in trade union bodies and full jurisdiction of labour courts in cases arising from the application of trade union law provisions. The disadvantage of the regulation at issue is also that Polish collective labour law does not in any way differentiate the scope of the rights and privileges guaranteed to self-employed trade union activists, ensuring the same level of protection for all. In that area, it appears that the legislature de lege ferenda should differentiate the scope of that protection by referring to the criterion of economic dependence on the hiring entity for which the services are provided.
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C. Jain, Harish, John J. Lawler, Bing Bai et Eun Kyung Lee. « Effectiveness of Canada’s Employment Equity Legislation for Women (1997-2004) : Implications for Policy Makers ». Articles 65, no 2 (31 août 2010) : 304–29. http://dx.doi.org/10.7202/044304ar.
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This study focuses on the effectiveness of the federal Employment Equity Act (EEA). We assess the EEA with regard to female employees using quantitative data from employer reports published under the provisions of the EEA and the Canadian Census. Data in this study cover the period 1997 to 2004. Women constitute the largest of the designated groups, so the effectiveness of the law could have major implications for the welfare of a significant proportion of the Canadian workforce. The most significant finding is that employment equity has increased over time, but at a diminishing rate. In fact, there may be something of a downturn in employment equity for women in the industries covered by the EEA. It is clear from our analysis that women employees in the companies covered by the EEA continue to be under-represented, especially in large companies. Monitoring and enforcement of employment equity in these firms by the Canadian Human Rights Commission (CHRC) needs to be undertaken and is essential, since it cannot be taken for granted that larger firms do well in employment equity, overall. Our results and analysis indicate that smaller firms had higher employment equity than larger firms. It may also be necessary for the CHRC to examine the particular occupational groups within larger companies where employment equity is either low or non-existent relative to the Census. The continuing underlying pattern of sex segregation has changed to only a limited extent. For instance, employment opportunities for women continue to be problematic (that is, senior managers, skilled crafts and trades workers) and will require continued and perhaps intensified efforts to resolve. There are large discrepancies between employment equity in primary (i.e., full-time, permanent jobs) and secondary (i.e., temporary and part-time jobs), with employment equity being much lower in the primary sector. Human Resources and Social Development Canada need to have active labour market policies to correct this imbalance.
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Körner, Marita. « German Labor Law in Transition ». German Law Journal 6, no 4 (1 avril 2005) : 805–15. http://dx.doi.org/10.1017/s2071832200013936.
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For decades, German labor law has been among the most advanced in the world, although no labor code was ever enacted like, for e.g., in France with its ‘Code du travail’ adopted on 15th November 1973. In Germany, after World War II, German labor legislation developed a great variety of specific Acts covering individual and collective labor law. Basics, like protection against dismissal or collective bargaining, as well as employee participation in works councils, reached a high level. Although German law belongs to the Continental legal systems and thus is mainly based on legislation, some of the most important aspects of collective labor law, especially trade union law and the right to strike are not regulated by statutory law. Bundesarbeitsgericht (the Federal Labor Court) and Bundesverfassungsgericht (the Federal Constitutional Court) filled in the blanks step by step in a variety of decisions. Accordingly, these crucial fields of labor relations are based on mere case law. It turned out to be politically impossible to get trade union law and the law on strike and lock-outs enacted. Despite statements to the contrary, the parties involved seem to be content with this rather flexible handling. On the whole, German labor law became more and more protective over the years, including aspects like equality and prohibition of discrimination in employment, sick-leave payment, and the possibility to claim a part-time job under the 2000 Act on Teilzeit- und Befristungsgesetz – TzBfG (Part Time and Temporary Work).
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ZAITCEVA, LARISA V., et TATYANA V. LUZINA. « LABOR LEGISLATION AS A TOOL FOR ENSURING MIGRATION SAFETY ». Proceedings of the Institute of State and Law of the RAS 14, no 5 (12 décembre 2019) : 168–95. http://dx.doi.org/10.35427/2073-4522-2019-14-5-zaitceva-luzina.
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The labor legislation may have an impact on the level of migration safety in the country. On the one hand, it provides conditions for improvement of the labor force mobility domestically through the establishment of guarantees and compensations due to relocation to another region. On the other hand, the labor legislation ensures control over legal external labor migration and protects internal labor market against illegal migrants and social damping in respect of labor conditions through the establishment of special diferentiation of legal regulation of labor of foreign citizens and individuals without citizenship.Russia demonstrates a traditionally low level of internal labor mobility, the fact that results in preservation of localization of regional labor markets and prevents from efficient usage of labor force. The main challenges in this area are the matters related to provision of housing for displaced persons which is beyond the scope of regulation by the labor legislation.The legal instruments ensuring the exercise of temporary internal labor mi gra-tion are associated with such forms of labor organization as work on a rotational basis, seasonal work, and outstaffing. Remote working can be roughly attributed to such forms.In the Russian Federation citizens still face an employment problem if they do not have registration at their place of residence. The regulations of the labor legislation on prohibition of discrimination, inter alia, based upon place of residence, availability or lack of registration at one’s place of residence as well as regulations on administrative liability for the respective acts serve as sufficient legal remedies against illegal refusal to recruit. The problems of efficiency of such remedies are to a large extent linked to procedural aspects — dissemination of general rules for the shared burden of proof on disputes on discrimination in labor sector.The issues of external migration are governed primarily by the standards of ad mi nistrative law. The labor legislation regulates labor relationships with the participation of foreign citizens and individuals without citizenship and establishes features for regulation of their labor not forming discrimination. Along with this, there are problems to be resolved. The following can be identified. The regulations of the Labor Code of RF governing features for temporary transfer of foreign employees and the related additional grounds for termination of labor contract bring instability into such labor relationships and provide a context for abuses on the part of employer. Regardless the fact that the legislation doesn’t prohibit remote working for foreign citizens, the Ministry of Labor and Social Security of RF considers it impossible to conclude an employment contract on remote working with a foreign employee residing abroad. Moreover, the Russian legislation doesn’t provide for a possibility to conclude an employment contact in the languages of both parties as stipulated in Guidelines No.86 of the International Labor Organization "On migrant workers" (revised in 1949).It is necessary to continue improving the labor legislation for the purposes of facilitating internal labor mobility, protecting employees against discrimination and malpractices of socio-labor damping.
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Mummé, Claire. « The State Giveth and Taketh Away : Public Sector Labour Law, the Legitimacy of the Legislative Override Power and Constitutional Freedom of Association in Canada ». International Journal of Comparative Labour Law and Industrial Relations 36, Issue 4 (1 décembre 2020) : 495–522. http://dx.doi.org/10.54648/ijcl2020025.
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This article investigates the role of courts and legislatures in the design and enforcement of labour laws in the context of public sector employment. It does so by focusing on government employers’ legislative ability to temporarily override public sector labour rights, or to displace outcomes achieved under their processes. This issue is analysed through a case study of Canada, a country which offers constitutional protections for freedom of association, but which is also constructing a highly deferential approach to the constitutional review of override statutes. As a result of this deference, governments have been afforded significant leeway in the use and design of override legislation, which serves to undermine the legitimacy of the underlying public sector labour law regime. The result is to shake the confidence of public sector employees in the promise of workplace power redistribution and workplace voice and to undermine the legitimacy of public sector labour law. Because override legislation can so fundamentally undermine public sector labour rights, the courts should avoid excessive deference and instead undertake an active constitutional review of their use, where constitutional protections are available. Judicial Deference; Public Sector Labour Law; Legislative Override; Freedom of Association; section 2(D); The Canadian Charter of Rights and Freedoms; The Expenditure Restraint Act, Pre-Legislative Consultation; Legitimacy; Special Interests
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Kashekhlebova, E. A. « On the issue of changes in labor legislation on remote (remote) work (experience of the COVID-19 pandemic) ». Courier of Kutafin Moscow State Law University (MSAL)) 1, no 8 (13 novembre 2021) : 118–24. http://dx.doi.org/10.17803/2311-5998.2021.84.8.118-124.
Texte intégralRésumé :
The sphere of social and labor rights has undergone a large-scale transformation due to the COVID-19 pandemic and related restrictive measures. Almost all enterprises and organizations during the period of restrictive measures were forced to switch to a remote (remote) mode of operation. Some, and sometimes all, employees of organizations were forced to perform their labor function, stipulated by an employment contract, at home.At the same time, before the introduction of the above-mentioned forced measures and subsequent amendments to the labor legislation regarding the regulation of the work of “homeworkers”, there were no provisions in the domestic labor legislation that would allow establishing legal regulation of the emergence of this kind of relationship between an employee and an employer.In December 2020, 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” was adopted.This article is devoted to a conceptual review of the amendments to the Labor Code of the Russian Federation adopted in 2020, aimed at establishing the regulation of remote (remote) work, as well as the procedure for temporary transfer of an employee to remote (remote) work on the initiative of the employer in strictly exceptional cases.
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Kuzmenko, Serhii. « Problem issues of refugees and seekers asylum in Ukraine : definitions and ways of overcoming ». Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ : Pravo 12, no 21 (2021) : 90–97. http://dx.doi.org/10.34079/2226-3047-2021-12-21-90-97.
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Research has shown that it is impossible to effectively address the serious threats facing a small number of the most vulnerable refugees in Ukraine. It has been stated that the asylum system in Ukraine still needs significant improvements. The situation does not offer sufficient protection against expulsion and does not provide asylum seekers with the opportunity to consider their applications within a sufficiently effective and fair process. It is substantiated that the Law of Ukraine «On Refugees and Persons in Need of Additional or Temporary Protection» of July 8, 2011 № 3671-VI defines the procedure for regulating public relations in the field of recognition of a person as a refugee, a person in need of additional or temporary protection, loss and deprivation status, as well as establishing the legal status of refugees and persons in need of additional protection and who have been granted temporary protection in Ukraine. It has been proven that Ukraine cannot be considered a safe third country on the grounds of the Law of Ukraine «On Refugees and Persons in Need of Additional or Temporary Protection», and the asylum system in Ukraine still needs significant improvements despite significant progress. It is determined that in Ukraine the receipt of assistance and services by foreigners directly depends on their migration status. The issue of direct political refugees is considered. There is no definition of the category of political refugees in the national legislation. It is proved that it can be done on the basis of general norms of domestic legislation. It is substantiated that the main form of providing protection to foreign citizens in Ukraine is their recognition as either refugees or persons in need of additional protection. At the same time, circumstances that deprive a person of the right to obtain refugee status may, in particular, be punishable by criminal penalties and economic or social reasons. It is proved that there are a number of urgent problems that need to be solved until Ukraine significantly changes its legislation and the practice of detaining asylum seekers and migrants, for example: employment; reforming the migration service of Ukraine; Ukraine's inability to provide full-fledged asylum to migrants; the problem of involuntary return (expulsion or deportation) of asylum seekers to the countries of their origin; unmotivated arbitrary non-admission of foreigners to the territory of Ukraine by the bodies of the State Border Guard Service; the problem of unregulated migration of foreigners to Ukraine and through Ukraine; lack of language skills and ignorance of the legislation of Ukraine; lack of equipped premises for resettlement of asylum seekers who are in the procedure; recognition of persons who are in institutions of temporary detention and others.
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Suwastono, Hendro. « KEADAAN MEMAKSA (FORCE MAJEURE) SEBAGAI ALASAN PEMUTUSAN PERJANJIAN KERJA PEMAIN SEPAKBOLA PROFESIONAL DI PT SRIWIJAYA OPTIMIS MANDIRI ». Repertorium : Jurnal Ilmiah Hukum Kenotariatan 6, no 1 (24 juillet 2018) : 85. http://dx.doi.org/10.28946/rpt.v6i1.186.
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The Thesis Title Is "Force Majeure As A Reason Of Professional Football Player Employment Agreement Termination In PT Sriwijaya Optimis Mandiri". In This Research Formulated The Issue About The Criteria And Characteristics Of Force Majeure Condition According To The Civil Law In Force In Indonesia, Which Can Be Used As A reason for termination of professional football player employment agreement in PT Sriwijaya Optimis Mandiri, is a termination of professional football player employment agreement have a fairness according to civil law in Indonesia and why employment agreement was made itself and if there is any relevance and urgency if professional football player employment agreement made by Notary. To examine and answer problems mentioned above, this thesis using normative legal research that analyzed a legal enforceability, with legal materials, such as the research on the legal principles, positive law, legal rules, and rules of legal norms. Research use Legislation approach method (Statue Approach), Conceptual Approach and Case Approach. The research results indicate that criteria of force majeure which became the reason for termination of professional football players in PT Sriwijaya Optimis Mandiri is the state force due to policy or regulation. While its characteristics is a condition of force majeure are temporary, special, relative and temporer. Employment Agreement termination by reason of force majeure that meets the Fairness, because the player can accept the decision and made no effort to remedy , The value of justice is seen in this case is a commutative justice values that are proportional, where players can understand the difficulty of management FC although they are also in unfavorable conditions, because there is no power that can not be avoided. Professional soccer player employment agreement made by itself because consideration is simpler, faster and more economically, while the idea of employment agreement made by Notary very relevant for professional soccer players should certainly be treated professionally also in making the employment agreement work performed by the Notary profession. However, the urgency remains dependent on the will of the parties (voluntary).
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Bortnyk, S. M. « To the question on the peculiarities of the legal regulation of labor relations in the martial law conditions ». Bulletin of Kharkiv National University of Internal Affairs 97, no 2 (30 juin 2022) : 106–17. http://dx.doi.org/10.32631/v.2022.2.09.
Texte intégralRésumé :
The peculiarities of legal regulation of labor relations, which are established by the special labor legislation of Ukraine under martial law, have been considered. The labor legislation, aimed at ensuring the realization of the right to work and rest in peacetime, turned out to be unable for objective reasons to regulate such relations in wartime conditions, therefore a separate Law of Ukraine “On the Organization of Labor Relations in Conditions of Martial Law” was adopted.
The individual labor rights of employees, which are limited by legislation during the martial law, have been investigated, and their consequences for both sides of labor relations have been clarified. On the territory of the country, in accordance with the Decree of the President of Ukraine “On the introduction of martial law in Ukraine”, the legislator temporarily limited a number of constitutional rights and freedoms of a person and a citizen for the period of the legal regime of martial law. The labor rights of Ukrainian citizens to work and to strike, which are provided for in Articles 43-44 of the Constitution of Ukraine, were also limited.
The essence of the concept of “martial law” and its features in terms of regulating labor relations have been clarified. It has been noted that there are no definitions of the categories “state of war” and “martial law” in the national legislation. The scientific views of scientists on this issue have been studied. The provisions of the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” have been analyzed with an emphasis on the realization of the right to work during the operation of the country under martial law, in particular the issues of: a) concluding an employment contract; b) termination of the employment contract; c) rest time d) working time.
Ways of improving and supplementing the current labor legislation, which regulates the issue of labor relations of employees of all forms of ownership and types of activity, have been proposed.
21
Hunt, Jo. « Making the CAP Fit : Responding to the Exploitation of Migrant Agricultural Workers in the EU ». International Journal of Comparative Labour Law and Industrial Relations 30, Issue 2 (1 juin 2014) : 131–52. http://dx.doi.org/10.54648/ijcl2014009.
Texte intégralRésumé :
Much work in primary agricultural production is low-skill, temporary and seasonal in nature, and in the EU it attracts a large proportion of migrant workers, both from within and outside the Union. Work is often precarious, and cases of rights infringements, exploitation and forced labour have been reported across the Union. A recent step by the EU has been to confront these problems through immigration law, with the adoption in February 2014 of the Seasonal Workers Directive, which creates narrowly drawn possibilities for a legal right to work and reside for third-country nationals undertaking seasonal work. Reflecting on the tendency in practice for immigration status to trump employment rights, this article argues that a more effective response could be found within the EU's longstanding Common Agricultural Policy (CAP). Farm subsidies are conditional on compliance with a body of existing EU legislation, in respect to environmental protection, public health and animal welfare. While highlighting the limited engagement with social concerns to date under the CAP, it is argued that space should be made for social conditionality in the CAP, with subsidies made conditional on respect for employment rights for all workers.
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Vapnyarchuk, N., et O. Yaroshenko. « On the issue of transferring scientists to a remote form of employment in connection with martial law ». Uzhhorod National University Herald. Series : Law 2, no 72 (27 novembre 2022) : 32–36. http://dx.doi.org/10.24144/2307-3322.2022.72.38.
Texte intégralRésumé :
The article considers the peculiarities of transferring researchers to remote employment in connection with martial law. It is noted that today there are no legal obstacles to the full implementation of remote work for researchers and does not provide for changes in departmental and local documents, or any mandatory additional forms of control, planning and reporting for remote workers. Under martial law, it is the moral responsibility of the management of scientific institutions to ensure that all staff members are employed remotely, if permitted by the nature of their duties. At the same time, it was concluded that remote work should be considered not only a temporary phenomenon during martial law, but also a perfectly acceptable modern form of labor relations, which is also optimal for a large part of researchers and intellectuals in general. It is stated that every researcher who works remotely must independently determine the workplace and be responsible for ensuring safe and harmless working conditions at his chosen workplace, including outside the country. It is established that the current Ukrainian legislation does not impose any territorial restrictions on the employee's workplace in the conditions of remote work. Therefore, scientists, being outside the country and using remote technologies, can quite legitimately carry out scientific activities. In martial law, if a researcher is in an employment relationship with a state-owned enterprise, the state share in the authorized capital of which exceeds fifty percent or is a value that provides the state with the right to decisive influence on the economic activities of this entity, he may work for border in remote mode only in the case of a business trip, executed in the prescribed manner.
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Ackerman, Mario E. « Labour Reform in Argentina : A Double Course of Action Change ». International Journal of Comparative Labour Law and Industrial Relations 17, Issue 1 (1 mars 2001) : 47–62. http://dx.doi.org/10.54648/337849.
Texte intégralRésumé :
The recent legislative reform made in Argentina intends to promote stable employment and collective contracts. In the latter issue it aims not only to overcome the present virtual bargaining paralysis, but also to break with the traditional model characterized by intense centralization. In these terms, it deals with an ambitious and double novelty. The policy of temporary employment promotion encouraged in the 90's is abandoned in individual contracts, but the challenge in the collective field even greater, because one of the typical issues of the Argentine system of labour relations is being questioned.
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Aust, Julie. « Switching Employers in a Working World : American Immigrants and the Revocation Notice Problem ». University of Michigan Journal of Law Reform, no 52.2 (2019) : 533. http://dx.doi.org/10.36646/mjlr.52.2.switching.
Texte intégralRésumé :
A current tension in U.S. employment immigration law involves the notice requirements for prospective permanent residency—”green card”—applicants. Foreign workers oftentimes do not receive their green cards for more than ten years after beginning the permanent residency process. For almost four decades after the first major employment immigration legislation was passed in 1965, green card applicants were unable to change employers during this extremely long process without abandoning their applications. In 2000, Congress sought to remedy the problem by passing legislation allowing foreign workers to change employers without sacrificing progress on their green cards. This legislation, however, created a massive gap in the process which remains to this day: currently, if a foreign worker changes employers after beginning her green card application, neither the worker nor her new employer is legally entitled to notice if anything goes wrong with the underlying petition. More specifically, if the government finds error in the green card petition and seeks to revoke it, the government is not obligated to provide revocation notice to the foreign national or to her new employer. Revoking a green card petition does not merely jeopardize a worker’s permanent residency application; it could also jeopardize her entire underlying status and could force her to abruptly leave the country. The immigration agency issued a policy memo in 2017 partially addressing the problem by granting the worker temporary standing during her proceedings. The memo is an insufficient solution to the problem, however, because it may be withdrawn or superseded at any time. Because the revocation notice problem presents an immediate and dire threat to the immigration status of potentially every foreign worker who switches jobs during her green card process, this Note advocates for both immediate administrative—as well as long-term congressional—permanent reforms to the relevant statutes and regulations governing this system.
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Lebedev, V. A., et E. I. Lebedeva. « Features of the working hours of remote workers : a note to the accountant of the medical institution ». Buhuchet v zdravoohranenii (Accounting in Healthcare), no 5 (1 mai 2021) : 48–56. http://dx.doi.org/10.33920/med-17-2105-05.
Texte intégralRésumé :
The article analyzes the novelties of labor legislation initiated by 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 N 407-FZ, which entered into force on January 1, 2021. The distinctive features of the working regime of remote workers are considered, which are characterized by the lack of direct control of the employee by the employer and, as a result, the urgent need to ensure the interaction of the parties to the employment contract through the use of IT technologies. The main changes in the regulation of the working regime of remote workers are shown, including the norms on the interaction of the employee and the employer, on the organization of the work of the remote employee and his working time.
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Humeniuk, Tetjana. « Legal fundamentals of the social policy in Ukraine : influence of European integration ». Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no 14(26) (13 décembre 2022) : 119–27. http://dx.doi.org/10.33098/2078-6670.2022.14.26.119-127.
Texte intégralRésumé :
Purpose. The aim of this research is to highlight the influence of European integration on the optimization of the legal fundamentals of social policy in Ukraine. Methodology. The research is based on the comparative legal method used for comparison of EU social law with the social law of Ukraine. The method of dialectic enables to establish contradictions in the legal norms that regulate the social system of Ukraine and determine its social policy. The systemic and functional method was used to study the system of regulation of the sphere of social relations in Ukraine, systems of social policy measures as well as functional interrelationships between them. The method of generalization was used for the systematization and interpretation of the results obtained during the study. Results. The research showed that the main ways of improving social policy in Ukraine and legal regulation in the social sphere include: ratification of the European Social Charter and its implementation plan in Ukraine; creation of a coherent strategy in the field of provision of social services; the accession of Ukraine to the European Code of Social Security; partial reform of the legal regulation of labor and employment of the population; improvement of legal regulation and social policy in the field of social protection, labor and employment of internally displaced persons from temporarily occupied territories of Ukraine. Scientific novelty. During the research, it was established that on the way to the EU, Ukraine has faced the following problems with its social policy and law: problems with the Ukrainian legislation on social security; problems with regulating the labor market, employment and poverty reduction; problems with improvement of the legislation on labor protection; problems with stimulating entrepreneurship as the basis for ensuring social standards and employment of the population; problems with adaptation of socially vulnerable groups of the population. Practical significance. The results of the research can be used in international law.
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PEETERS, HANS, ANNELIES DEBELS, GERT VERSCHRAEGEN et JOS BERGHMAN. « Flexicurity in Bismarckian Countries ? Old Age Protection for Non-standard Workers in Belgium ». Journal of Social Policy 37, no 1 (3 décembre 2007) : 125–43. http://dx.doi.org/10.1017/s0047279407001523.
Texte intégralRésumé :
In the debate on ‘flexicurity’, relatively little attention has been paid to how responsive traditional areas of social security have been to increasing flexibility in the labour market. This article tries to fill this gap by focusing on the Belgian pension system. In particular, it asks to what extent pension regulation in the three pillars has been adapted to the proliferation of atypical forms of employment. It does so by examining whether there are significant differences between old age protection of standard and non-standard workers. The article pursues a double research strategy: an analysis of Belgian legislation and relevant collective labour agreements is complemented with a statistical analysis of the Panel Study of Belgian Households (PSBH). The results show that part-time employment results in a lower first-pillar pension, while other forms of temporal flexibility such as career interruptions and temporary unemployment do not. In the second pillar, our findings suggest that workers with contractual flexibility and job mobility are discriminated against. Finally, non-standard workers do not appear to compensate for lower pension protection through increased participation in the third pension pillar. Our findings suggest the need for a re-assessment of the system of ‘assimilated’ periods. To conclude, we point to some implications for the design of flexicurity policies.
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Antonyuk, Iryna. « Methods of commiting fraud in the field of provision of employment mediation services ». Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no 4 (29 décembre 2020) : 318–23. http://dx.doi.org/10.31733/2078-3566-2020-4-318-323.
Texte intégralRésumé :
It is emphasized that imperfection and the presence of conflicts in labor and civil legislation have led to the spread of abuses in the labor market. Somewhat «vulnerable» was the provision of employment services, where a fifth of the agreements between the intermediary, the employer and the employee are unpromising. It is emphasized that most employment agreements in the labor market are concluded in such a way that the terms of employment and the nature of the profession, as well as the responsibilities of the employer are very vague, resulting in Ukrainian citizens getting jobs that do not suit them, limit their rights but the terms of the agreement are not formally violated. Meanwhile, in the labor market is gaining momentum options that have elements of deception, and are no longer in the plane of civil law, and are subject to criminal law assessment. The article is devoted to the study of criminological significant features of fraud methods in the field of employment services. Attention is paid to the description of methods, clarification of their features, the implementation of their systematization. It is emphasized that fraudulent actions can be committed by persons related to the labor market - intermediaries, employers and the unemployed (61%), and persons who intentionally pretend to be such persons (49%). At the same time, fraudulent actions can be committed in different sectors of the labor market, in different periods, in different spaces. Based on different classification criteria, all options for fraudulent employment are summarized according to the following criteria: Depending on the subject: 1) persons related to the labor market; 2) persons who intentionally impersonate such persons. Depending on the industry affiliation: 1) fraudulent actions in the field of material production; 2) fraudulent actions in the field of goods and services - non-productive. Depending on the space: 1) deceptive actions in the domestic labor market; 2) fraudulent actions related to employment abroad; 3) fraudulent actions related to getting a job on the Internet (remote access). Depending on the location of employment intermediaries and employers: 1) fraudulent actions committed in offices that have a factual or legal address (fictitious and real employment firms); 2) fraudulent acts committed in "virtual employment centers". According to the legitimacy of labor activity: 1) deceptive actions when offering official employment; 2) fraudulent actions when offering illegal employment. Depending on the forms of employment: 1) fraudulent actions when offering full employment; 2) fraudulent actions when offering a flexible work schedule. Depending on the duration of employment: 1) fraudulent actions when offering long-term employment; 2) fraudulent actions when offering temporary employment (seasonal work, performing a certain type of work during a certain period, etc.).
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Melnychuk, O., M. Melnychuk et I. Pavlichenko. « Legal regulation and specifics of remote work appliance in conditions of martial law ». Uzhhorod National University Herald. Series : Law, no 70 (18 juin 2022) : 242–47. http://dx.doi.org/10.24144/2307-3322.2022.70.37.
Texte intégralRésumé :
The article reveals the legal regulation and specifics of the use of remote work in martial law. Defining the role of remote work in these emergency conditions, its special meaning for the preservation of labor relations and the organization of relative work safety.
The proper legal regulation of the institute of remote work at the level of the Labor Code and other legislative acts of Ukraine, which ensures the legal definition of remote work, the procedure and conditions of its application, requirements for the form and content of the employment contract and more. It is noted that the presence of a standard form of employment contract for remote work indicates that the parties have no right to deviate from the content of the employment contract, but may specify its terms.
Peculiarities of remote work are determined according to the following criteria: procedure of application, workplace, restrictions in application, mode of operation, provision of means of production, equipment, software and hardware, working hours, guarantee of rest time.
The influence of the legal regime of martial law on the introduction of temporary changes in the organization of labor relations, which affected the order of introduction of remote work, is substantiated. First of all, it concerns the possibility of its application by order (order) of the employer, without concluding a written employment contract and without notifying the employee of changes in significant working conditions, as required by law in peacetime.
The transformation of the legal regulation of working hours and rest time of the employee is indicated: the procedure for setting the start and end time of work has been changed, now this right belongs to the employer; increased normal and reduced working hours of employees; the duration of annual paid leave is limited to 24 calendar days and the provision of certain types of leave to employees involved in critical infrastructure; the application of the norms of certain articles of the Labor Code, which regulate working hours and rest time, has been stopped.
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Puanandini, Dewi Asri. « PENEGAKAN HUKUM TINDAK PIDANA PERDAGANGAN ORANG PEKERJA MIGRAN INDONESIA ». ADLIYA : Jurnal Hukum dan Kemanusiaan 14, no 2 (14 janvier 2021) : 257–70. http://dx.doi.org/10.15575/adliya.v14i2.9938.
Texte intégralRésumé :
This study aims to examine the problems of law enforcement against human trafficking against Indonesian migrant workers. This research was conducted on legal issues from the normative side based on the rule of law in legislation and norms. This study uses a normative juridical approach with primary and secondary legal materials. The results of this study indicate that the law enforcement process against the criminal act of trafficking of Indonesian migrant workers, there are parties that are organized, starting from the Indonesian Migrant Worker Placement Company for Civil Employment, Health (medical checkup), Immigration (making passports), and at the airport. P3MI uses unscrupulous immigration officers who can pass prospective Indonesian migrant workers with a number of rewards. Law enforcement carried out by the Indonesian Migrant Workers Protection Agency by postponing services, revoking company permits, written warnings, temporarily suspending part or all of business activities, canceling the departure of prospective migrant workers, and or returning from abroad at their own expense. The long-term effort is to closely monitor Indonesian labor service companies.
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Stojkovic-Zlatanovic, Sanja. « Vulnerable populations in terms of health care and their right to decent work ». Stanovnistvo 54, no 2 (2016) : 83–103. http://dx.doi.org/10.2298/stnv160725004s.
Texte intégralRésumé :
Vulnerability may arise from individual characteristics of individuals or social groups, employment conditions or as a result of difficulties in exercising fundamental social human rights. Principle of equity in terms of labor and employment as well as equity in health are closely linked and represented in a concept of decent work for all, promoted by the International Labor Organization. The concept of decent work aims to improve work conditions for the marginalized and vulnerable workers, where the notions ?vulnerable? and ?marginalized? represent people on the periphery of formal, standard employment, people working in an environment where the risk of being denied employment rights is high and also those who do not have the capacity to protect themselves from the abuse. The labor status of social groups whose personal characteristics, i.e. health characteristics, make them vulnerable in terms of work conditions and labor rights has been analyzed. In international, comparative and Serbian law, workers with disabilities are already protected by the special law provisions of professional rehabilitation and employment of people with disabilities. On the contrary, the status of workers who are not considered as people with disabilities but who are faced with some health problems are not recognized in the labor legislation and protected by the law. People with health problems may be those who are chronically ill i.e. people in a remission of a disease. Considering the current demographic process of population aging, an increase of elderly in economically active population/labor force could be expected, which also means the increase of chronically ill workers. This fact, argue in favor of regulation the labor status of people with health problems. Furthermore, according to the World Health Organization, health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, where the third component of health ? social well-being could be used as justification for the integration of workers with health problems in the workplace. The aim is to prevent the occurrence of disability in terms of preventive approach. The integration and protection measures are represented in a form of flexible work arrangements (for instance, part-time work, tele-work), assignment a person with a health problem to another adequate job, establishment the right to a paid leave for the purpose of therapy by the law, prohibition of a night shift and overtime job for worker with health problems. The Serbian Labor Act (2005) has introduced a category of workers with the health problems and stipulates that those workers could not be assigned to a job that could have a negative effect to a health status/condition of an individual. A broader protection measures in terms of decent work and health equity, meaning that everyone should have a fair opportunity to attain their full health potential with the aim of performing major life activities, including working activities, are not introduced by the Serbian Labor Act. That need to be changed, taking into account the fact that the Serbian Disability Act does not recognize the workers with temporary or/and occasional health impairments, meaning that the special measures of professional integration of people with disabilities could not be applied to the people with health problems.
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Kyselova, O. I., et I. V. Kordunian. « Protection of employees' labor rights during the quarantine ». Legal horizons, no 25 (2020) : 65–70. http://dx.doi.org/10.21272/legalhorizons.2020.i25.p65.
Texte intégralRésumé :
In this article, the impact of the global pandemic on the organization of work at enterprises in Ukraine, and the protection of workers’ labor rights during the quarantine was overviewed. The grounds for dismissal of employees in Ukraine, which are provided in the Labor Code of Ukraine, were analyzed. Such forms of termination of the employment contract as dismissal at the employer’s initiative, termination of the employment contract at the employee’s initiative, and by agreement of the parties were explored. When terminating an employment contract at the employee’s initiative and by agreement of the parties, the main condition is the desire of the employee. The employer cannot force him/her to resign voluntarily. It was found that dismissal can be considered legitimate if there are two conditions: there must be one of the grounds for dismissal provided by the Labor Code, and the dismissal procedure must be followed. The dismissal procedure includes the need to acquaint the employee with the dismissal order, compliance with the deadlines for payment upon dismissal, and compliance with the deadlines for the issuance of employment records. The scope of employees’ rights during quarantine and the scope of guarantees provided in the event of dismissal of an employee was determined. If the employee works at an enterprise, institution, organization, the employer must provide appropriate working conditions, for example, provide the employee with personal protective equipment (masks). The law provides a number of guarantees for employees who have been fired (depending on the grounds for dismissal): payment of severance pay, the possibility of transfer to another position, compensation in case of violation of the terms of issuance of the employment record book, etc. The new legal framework, which was created to regulate labor relations during the quarantine, such as Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Aimed at Preventing the Occurrence and Spread of Coronavirus Disease (COVID ‑ 19)” № 530 ‑ IX of March 17, 2020, and Law of Ukraine “On Amendments to Certain Legislative Acts Aimed at Providing Additional Social and Economic Guarantees in Connection with the Spread of Coronavirus Disease (COVID ‑ 19)” № 540 ‑ IX of March 30, 2020, were analyzed. Such forms of organization of work at the enterprise in the conditions of quarantine as a remote mode of work, a temporary mode of downtime, etc. were overviewed. It was found out that vacation leave is an employee’s right, not an obligation, so the employer cannot force the employee to go on leave. In case of illegal dismissal, the employee has the right to file a lawsuit with a request to reinstate, change the formulation of the reasons for dismissal or make the payment of average earnings during the forced absence. It is important to follow the deadlines for applying to the court. For example, in the case of dismissal, this period is one month from the date of delivery of a copy of the dismissal order or from the date of issuance of the employment record.
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Гальона, І. І. « WAYS TO IMPROVE LEGAL STANDARDS TO COUNTER TRAFFICKING IN HUMAN BEINGS ». Juridical science, no 1(103) (19 février 2020) : 265–76. http://dx.doi.org/10.32844/2222-5374-2020-103-1.32.
Texte intégralRésumé :
The relevance of the article is that the construction of a democratic legal system of Ukraine primarily involves reforming existing legislation, which would really guarantee the inviolability of rights, freedoms and legitimate interests of society and citizens from unlawful encroachments. Implementation of these tasks by law enforcement agencies, which are obliged to use available forces, means and take effective measures to combat human trafficking. The effectiveness of such measures largely depends on the professional knowledge and skills of investigators and operatives who conduct operational and investigative activities and are involved in covert investigative (investigative) activities, especially those committed by members of organized groups and criminal organizations during the pre-trial investigation. misdemeanors and criminal offenses. At the same time, improving the effectiveness of law enforcement agencies in combating trafficking in human beings requires, first of all, a significant improvement of legal norms, first of all, criminal and criminal procedure law, aimed at improving preventive measures of police and investigation and preventive responsibility for these crimes. The purpose of the study is the theoretical development and implementation of effective rules of criminal law in order to successfully prevent and investigate trafficking. It was found that a person who has been granted the status of a victim of trafficking in human beings has the right to personal security, respect, as well as free access to: information about their rights and opportunities, expressed in the language of such a person; medical, psychological, social, legal and other necessary assistance; temporary placement, at the request of the victim and in the absence of housing, in institutions for victims of trafficking, for up to three months, which if necessary may be extended by decision of the local state administration, in particular in connection with participation of a person as a victim or witness in criminal proceedings; compensation for moral and material damage at the expense of the persons who caused it, in the manner prescribed by the Civil Code of Ukraine; one-time financial assistance in the manner prescribed by the Cabinet of Ministers of Ukraine; assistance in employment, realization of the right to education and professional training.
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Stasiulis, Daiva. « Elimi(Nation) : Canada’s “Post-Settler” Embrace of Disposable Migrant Labour ». Studies in Social Justice 2020, no 14 (26 mars 2020) : 22–54. http://dx.doi.org/10.26522/ssj.v2020i14.2251.
Texte intégralRésumé :
This article utilizes the lens of disposability to explore recent conditions of low-wage temporary migrant labour, whose numbers and economic sectors have expanded in the 21stcentury. A central argument is that disposability is a discursive and material relation of power that creates and reproduces invidious distinctions between the value of “legitimate” Canadian settler-citizens (and candidates for citizenship) and the lack of worth of undesirable migrant populations working in Canada, often for protracted periods of time. The analytical lens of migrant disposability draws upon theorizing within Marxian, critical modernity studies, and decolonizing settler colonial frameworks. This article explores the technologies of disposability that lay waste to low wage workers in sites such as immigration law and provincial/territorial employment legislation, the workplace, transport, living conditions, access to health care and the practice of medical repatriation of injured and ill migrant workers. The mounting evidence that disposability is immanent within low-wage migrant labour schemes in Canada has implications for migrant social justice. The failure to protect migrant workers from a vast array of harms reflects the historical foundations of Canada’s contemporary migrant worker schemes in an “inherited background field [of settler colonialism] within which market, racist, patriarchal and state relations converge” (Coulthard, 2014, p. 14). Incremental liberal reform has made little headway insofar as the administration and in some cases reversal of more progressive reforms such as guaranteed pathways to citizenship prioritize employers’ labour interests and the lives and health of primarily white, middle class Canadian citizens at the expense of a shunned and racialized but growing population of migrants from the global South. Transformational change and social justice for migrant workers can only occur by reversing the disposability and hyper-commodification intrinsic to low-wage migrant programs and granting full permanent legal status to migrant workers.
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Witkowski, Andrzej. « SYSTEM PODATKÓW BEZPOŚREDNICH POLSKI MIĘDZYWOJENNEJ W PIERWSZYCH LATACH POLSKI LUDOWEJ ». Zeszyty Prawnicze 11, no 3 (20 décembre 2016) : 383. http://dx.doi.org/10.21697/zp.2011.11.3.19.
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THE SYSTEM OF DIRECT TAXES OF INTERWAR POLAND IN THE FIRST YEARS OF THE PEOPLE’S REPUBLIC OF POLAND Summary The process of building the system of direct taxes of the People’s Republic of Poland was initiated in 1946. The tax legislation from before September 1939 which had been used until then was abolished. The urgency and scale of expenses which the Polish Committee of the National Liberation had to finance resulted in a decision in 1944 to temporarily use the prewar tax system despite the fundamental change of the political system of the state. Already in 1944 the prewar system of direct taxes was simplified by abolishing some taxes of smaller fiscal significance. The prewar acts of law on the turnover tax and income tax, after changes which deepened their fiscal nature, lost their binding force as of 1st January 1946. Moreover, the decree of 18th August 1945 on the employment tax replaced on 1st September 1945 the so far binding regulations of section II “Taxation of income from service emoluments, pensions and remunerations from hired work” of the act of 16th July 1920 on the national income tax. The system of national direct taxes supplemented the decree of 13th April 1945 on the emergency tax on war enrichment.
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Андрєєнков, О. Є. « PROCEDURE FOR EMERGENCY RELATIONS WITH THE HEAD OF THE ENTERPRISE OF THE INSTITUTION OR ORGANIZATION ». Juridical science 1, no 4(106) (2 avril 2020) : 232–37. http://dx.doi.org/10.32844/2222-5374-2020-106-4-1.28.
Texte intégralRésumé :
The relevance of the article is that newer forms of employee representation and participation add an additional dimension to the picture of labor relations in some countries. The system of labor relations establishes formal or informal basic rules for determining the nature of collective industrial relations, as well as the framework of individual labor relations between the employee and his employer. Complicating the situation at the end of management is additional players, such as temporary employment agencies, contractors and contractors, who may be accountable to employees without control over the physical environment in which the work is performed or the ability to conduct safety training. In addition, public and private sector employers in most countries are governed by separate legislation, and the rights and protections of workers in the two sectors often differ significantly. Moreover, the private sector is affected by international competition forces that do not directly affect public sector labor relations. The author explores approaches to understanding the concept of manager as a subject of organizational and managerial relations in labor law. It is established that the peculiarity of the emergence of legal relations with the head of the enterprise, institution or organization is that their emergence is based on a complex legal structure consisting of several legal facts. It is established that the head is endowed with limits of responsibility and also clear limits of action. It is concluded that in the framework of professional activity the head of the organization, enterprise or institution performs various generalized labor functions that have a very diverse nature, results and working conditions. In a particular organization, enterprise or institution, the head faces different tasks, which allows us to talk about the existence of a process of continuous improvement of its labor function, because there is a high organizational independence. However, in the performance of the job function, the manager should not expand the limits of his competence, as another feature is the increased limits of his responsibility.
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WARBURTON, JEAN. « EMPLOYMENT PROTECTION LEGISLATION ». Industrial Law Journal 16, no 1 (1987) : 112–14. http://dx.doi.org/10.1093/ilj/16.1.112.
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Baek, Jisun, et WooRam Park. « Firms’ Adjustments to Employment Protection Legislation : Evidence from South Korea ». ILR Review 71, no 3 (29 août 2017) : 733–59. http://dx.doi.org/10.1177/0019793917728720.
Texte intégralRésumé :
The authors examine the impact of employment protection legislation on firm-level outcomes such as employment and profitability in South Korea. The 2007 Act on the Protection of Temporary Workers restricted the use of specific types of temporary contracts to a period of two years. Exploiting the fact that the impact of the reforms was greater for establishments that intensively used the affected temporary workers, the authors apply a difference-in-differences framework. Their results show that businesses responded to the Act by reducing the use of temporary contracts protected by the reforms and partially substituting them with permanent and other unprotected temporary contracts. As a result, the reform decreased overall employment level of establishments. Furthermore, the authors find that the newly introduced regulations had a limited negative impact on firms’ profitability. Evidence suggests that establishments also improved their capital intensity and their labor productivity in response to the labor reform.
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Watkins, Tom, et Sarah West. « Employment Law SOS ». Manufacturing Management 2019, no 11-12 (décembre 2019) : 14–15. http://dx.doi.org/10.12968/s2514-9768(22)90363-1.
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Arestis, Philips, Jesús Ferreiro et Carmen Gómez. « Employment protection legislation and labour income shares in Europe ». Panoeconomicus 67, no 3 (2020) : 291–308. http://dx.doi.org/10.2298/pan2003291a.
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The paper analyses the determinant elements of the evolution of labour income share, measured by the size of compensation of employees as a percentage of GDP in twenty European economies. In doing so, special attention is paid to the impact of employment protection legislation. Our study?s results show that the evolution of labour income share is explained by the economic growth, the growth of employment and unemployment rates, and the growth of real wages. Regarding employment protection, only employment protection for temporary workers matters. Our results shows that stricter provisions on the use of fixed-term and temporary agency contracts have a positive impact on the growth of the labour shares.
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Van Landuyt, Yannick, Nico Dewaelheyns et Cynthia Van Hulle. « Employment protection legislation and SME performance ». International Small Business Journal : Researching Entrepreneurship 35, no 3 (18 octobre 2016) : 306–26. http://dx.doi.org/10.1177/0266242616672293.
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This article examines the effect of employment protection legislation (EPL) on small and medium-sized enterprise (SME) performance. Rather than relying on country-specific proxies for EPL, as is common in the literature, we compute firm-specific measures of a firm’s exposure to EPL by using a panel dataset of 13,112 Belgian SMEs for the period between 2000 and 2009. The empirical results show that firms perform better when faced with lower hiring and firing costs through the use of more blue-collar labour contracts. The evidence showing improved performance by firms that attempt to achieve greater flexibility by hiring more temporary workers is limited.
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Paroń, Łukasz. « REGULATION OF CIVIL LAW EMPLOYMENT OR EMPLOYMENT LAW ? » Roczniki Administracji i Prawa specjalny, no XXI (30 décembre 2021) : 229–37. http://dx.doi.org/10.5604/01.3001.0015.6108.
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Performance of work on a basis other than an employment relationship takes various forms. Predominantly, it takes place based on civil law relationships, which are characterised by the principle of freedom of contract, which results in the possibility of freely shaping the content of any such legal relationship. However, recent years are marked by a gradual increase in regulations of employment other than based on contracts of employment, i.e. based on civil law contracts. Introducing a minimum hourly wage, limiting employment in trade on Sundays and public holidays, providing temporary work under civil law contracts or the much earlier widespread granting of employment rights to contractors in the putting-out system and, above all, granting the right to safe and hygienic working conditions to everyone who performs work justifies asking questions about future developments.
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Svalund, Jørgen. « Labor Market Institutions, Mobility, and Dualization in the Nordic Countries ». Nordic Journal of Working Life Studies 3, no 1 (1 janvier 2013) : 123. http://dx.doi.org/10.19154/njwls.v3i1.2523.
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Comparing the Nordic countries, this article examines different combinations of permanent and temporary employment protection legislation, and whether such differences are reflected in patterns of labor market transitions. We find higher levels of transitions from unemployment to temporary contracts in Sweden and Finland, with lax regulation of temporary contracts and strict regulation of permanent contracts. Further, temporary employees are integrated into permanent contracts in countries with lax (Denmark) or strict (Norway) regulation of permanent contracts, while this is not the case in Finland and Sweden. For these countries, the study indicates a certain degree of labor market duality, with low mobility from temporary to permanent employment contracts.
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Jaworska, Katarzyna. « TEMPORARY EMPLOYMENT OF TEACHERS ». Roczniki Administracji i Prawa specjalny, no XXI (30 décembre 2021) : 479–86. http://dx.doi.org/10.5604/01.3001.0015.6186.
Texte intégralRésumé :
The employment of teachers is stable. The preferred legal form of performing work is an employment relationship for an indefinite period. Employment under a fixed-term employment contract is exceptionally permissible. The Teacher’s Charter identifies four such situations. This does not mean that temporary employment may last for many years. The legislator introduced special mechanisms limiting the duration of these contracts. Exceeding the limit indicated in the act results in the transformation by operation of law into an unlimited employment relationship. Also, unlawful entrustment of work for a specified period of time will result in the transformation of the employment relationship into an indefinite period.
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Arestis, Philips, Jesús Ferreiro et Carmen Gómez. « Labour market flexibilization and income distribution in Europe ». Panoeconomicus 68, no 2 (2021) : 167–85. http://dx.doi.org/10.2298/pan2102167a.
Texte intégralRésumé :
This paper analyses the role played by the flexibilization of labour markets on functional income distribution. Specifically, we analyse whether employment protection legislation affects the evolution of labour income share, measured by the size of compensation of employees as a percentage of GDP, the sum of wages and salaries as a percentage of GDP and the size of the adjusted wage share, in twenty European economies. Our study?s results show that the evolution of labour income share is explained by the economic growth, the growth of employment and unemployment rates, and the growth of real wages. Regarding the role played by the flexibility of the labour market, and specifically of the employment protection legislation, only employment protection for temporary workers has a significant impact on the evolution of labour shares. Our results show that stricter provisions on the use of fixed-term and temporary agency contracts have a positive impact on the growth of labour shares.
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Kilpatrick, C. « Has New Labour Reconfigured Employment Legislation ? » Industrial Law Journal 32, no 3 (1 septembre 2003) : 135–63. http://dx.doi.org/10.1093/ilj/32.3.135.
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Wilczyński, Robert. « Charakter i przedmiot porozumień zbiorowych z udziałem agencji pracy tymczasowej ». Przegląd Prawa i Administracji 105 (27 janvier 2017) : 209–17. http://dx.doi.org/10.19195/0137-1134.105.14.
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NATURE AND SUBJECT OF COLLECTIVE AGREEMENTS INVOLVING THE TEMPORARY EMPLOYMENT AGENCYThe article presents the view of doctrine and jurisprudence relating to collective agreements involving the temporary employment agency. The specifics of temporary employment in which there are temporary work agency and the user employer acting at employer’s side makes collective agreements conditions much more complicated against those settled in the Labour Code. Collective agreements should play an increasing role in the system of sources of labour law. In particular, in non-standard forms of employment mainly at temporary work. Collective agreements in a more perfect way are able to reconcile the protective function of labor law and the need for flexibility of employment.
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Karabchuk, Tatiana. « Job Instability and Fertility Intentions of Young Adults in Europe : Does Labor Market Legislation Matter ? » ANNALS of the American Academy of Political and Social Science 688, no 1 (mars 2020) : 225–45. http://dx.doi.org/10.1177/0002716220910419.
Texte intégralRésumé :
Total birth rates have fallen dramatically in many European countries during the last 40 years. Job and income instability caused by labor market polarization are significant drivers of declining birth rates because employment certainty and stability are crucial to childbirth planning among young adults. This article investigates the impact of job instability on the fertility intentions of young adults in Europe, focusing on employment protection legislation (EPL) in European countries. I use data from twenty-seven countries that participated in the European Social Survey in 2004 and 2010 to show that job instability measured as temporary employment, informal work, and unemployment decreases fertility intentions among European youth regardless of the EPL in the country. Unemployed young adults tend to plan less for having their first child in the countries with high EPL. Contrary to the hypotheses, multilevel modeling showed that young people in temporary or informal employment in countries with low EPL show decreases in their fertility intentions.
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Brodie, Douglas. « The employment contract and unfair contracts legislation ». Legal Studies 27, no 1 (mars 2007) : 95–109. http://dx.doi.org/10.1111/j.1748-121x.2006.00040.x.
Texte intégralRésumé :
In 2005, the Law Commissions published a report reviewing unfair contracts legislation in the UK. Where the contract of employment was concerned, the Commissions were of the view that, in short, the status quo should remain. This paper seeks to appraise that position and considers whether an opportunity to bring forward beneficial reforms has been missed. The paper takes cognisance of the legislative scheme in New South Wales, which contains extensive powers where unfair contracts are concerned. It is suggested that, in the UK, the two key issues which need to be addressed are contracting-out and terms which may be substantively unfair.
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Buckley, L.-A. « Recent legislation. Employment Equality Act 1998 (Ireland) ». Industrial Law Journal 29, no 3 (1 septembre 2000) : 273–79. http://dx.doi.org/10.1093/ilj/29.3.273.
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