Siga este link para ver outros tipos de publicações sobre o tema: Trade contracts (Collective).
Artigos de revistas sobre o tema "Trade contracts (Collective)"
Crie uma referência precisa em APA, MLA, Chicago, Harvard, e outros estilos
Veja os 50 melhores artigos de revistas para estudos sobre o assunto "Trade contracts (Collective)".
Ao lado de cada fonte na lista de referências, há um botão "Adicionar à bibliografia". Clique e geraremos automaticamente a citação bibliográfica do trabalho escolhido no estilo de citação de que você precisa: APA, MLA, Harvard, Chicago, Vancouver, etc.
Você também pode baixar o texto completo da publicação científica em formato .pdf e ler o resumo do trabalho online se estiver presente nos metadados.
Veja os artigos de revistas das mais diversas áreas científicas e compile uma bibliografia correta.
1
Sáenz-Segura, F., R. A. Schipper, D. Miranda e J. M. Chaves. "Modelling price scenarios for sustainable collective action and farm production: pepper in El Roble settlement, Costa Rica". Journal on Chain and Network Science 15, n.º 1 (janeiro de 2015): 39–59. http://dx.doi.org/10.3920/jcns2015.x001.
Texto completo da fonteResumo:
Pepper (Piper nigrum L.) is considered a non-traditional cash crop for enhancing local development in Costa Rica and a suitable activity for small farmers. Trade of pepper has been done by using contractual agreements between producers and processors, which provides at least three functions: insurance, incentives and information. Contracts also require a high level of commitment from contracting parties to keep the equity, efficiency, and sustainability of the trade relationship. The shift of trade conditions from a competitive to a monopsony market encouraged a group of farmers to start an association that aims to bulk and process pepper from members. Breaching contracts by members of the association endanger this effort of sustainable entrepreneurship. This usually happens when temporary market conditions yield higher procurement prices by other competitors. This situation is also worsened by the lack of proper information on production and processing costs between the contracting parties, and then, the disagreement on the procurement price fixation and payment conditions. By using a mixed integer linear optimization model, we aim to identify the ‘best’ price of fresh pepper traded between both parties. We make use of primary information from 12 different farms on production costs and from the association on processing costs. The model incorporates minimum required net margins for all contracting parties, while modelling the net margins of each party, the amount of traded fresh pepper and preferred contract possibilities, given different fresh pepper price scenarios. At lower prices, some of the farmers that supply pepper, do this to just break-even. At higher prices, more is supplied by more farmers. Under monopsony conditions and individual contracts between parties, it is in the interest of the buyer to offer higher fresh pepper prices in order to buy and process more pepper, up to the point that the marginal costs of buying more pepper are equal to the marginal benefits of that extra pepper. This is because the processor has fixed costs, next to variable costs. Higher volumes reduce the average total costs of processing per kg of pepper, and thereby increase profit. When group contracts are possible, thus under bilateral monopoly conditions – farmers acting as ‘one’ seller and the processor as the only buyer – more fresh pepper is supplied at higher prices than under monopsony conditions as more farmers would have higher surpluses. At the same time the processor would have a higher profit than using individual contracts.
2
Yatskevych, Ivan. "Reforming Legislation on Collective Labour Relations Engaging Trade Union as a Party". NaUKMA Research Papers. Law 6 (15 de fevereiro de 2021): 57–72. http://dx.doi.org/10.18523/2617-2607.2020.6.57-72.
Texto completo da fonteResumo:
The paper covers problematic issues of reforming the legislation on collective labour relations with the participating trade union representing the interests and defending the rights of employees, consisting in a workers’ collective, during collective bargaining, concluding a collective agreement, holding a social dialogue on the local level. The article contains an analysis of a draft legislation such as draft laws On Labour, On Amending Certain Legislative Acts of Ukraine (Regarding Certain Issues of Trade Unions’ Activity), On Amending the Law of Ukraine On Collective Agreements and Contracts in order to reveal the main trends of the proposed drafts, their scientific analysis, and producing own conclusions regarding impact of these draft laws upon the efficiency of the trade unions movement in Ukraine.The study of the proposed amendments to certain legislative acts as well as corresponding conclusions are made in observance of the current trends in the development of judicial application of legislative provisions on the preferential right of a unit trade union to represent a collective’s interests during collective bargaining regarding concluding or amending a collective agreement at an enterprise or institution. The paper contains a discussion on problematic (from a perspective of legal exercising and research) issues of the current legislative provisions on the safeguarding implementation of trade unions competence conformity to the Constitution of Ukraine, ILO Convention No. 87, and the recent case-law.The accordance of principles of rule of law and legality, representation, and efficient representing of workers’ collective interests during the in-court dispute resolution regarding representing the collective of workers and accession to an effective collective agreement is highlighted.In the conclusion it is stated that there is a negative trend on further deterioration of the trade unions’ position as representatives of labour collectives empowered with representative and defensive functions in relations with employers. Besides that, it is stressed that adoption and implementation of the argued legislative initiatives will eventually cause deepening the crisis of trade unionism and deteriorating of social standards. It will make a negative impact on a person’s social security in the state. There are grounds to assert forming case-law acknowledging works councils as equally authorized representatives of the workers’ collective in collective bargaining. In the meantime, the practice of rejection of new trade union’s units to join an effective collective agreement within the employer’s enterprise persists. It is concluded with the necessity to improve the system of normative safeguards for the trade unions activity and creating an efficient mechanism for countering abuse of rights, including safeguarding provisions, by parties of collective labour relations.
3
Tuckman, Alan, e Christopher Finnerty. "Individual contracts, collective bargaining and trade unionism: a case for the union voice". Personnel Review 27, n.º 6 (dezembro de 1998): 448–59. http://dx.doi.org/10.1108/00483489810238895.
Texto completo da fonte
4
Aleinieh, Tarek Kadour, e Laura Zoboli. "Increasing standardization for smart(er) contracts". Uniform Law Review 26, n.º 3 (1 de agosto de 2021): 583–98. http://dx.doi.org/10.1093/ulr/unab022.
Texto completo da fonteResumo:
Abstract Legal standardization traditionally played an important role in contractual relations. With technological and commercial development and expansion of trade from the individual and collective levels to internationalization, it became necessary to create a set of standards to keep pace with this development and facilitate the contractual process. Although smart contracts are considered a leap in the contractual relationship, it cannot be overlooked that these contracts share many characteristics with traditional contracts. To gain a greater position in the global market, smart contracts also need to be well functioning and efficient. In this context, the article tackles the phenomenon of legal standardization and identifies the main weaknesses of smart contracts—to answer two crucial questions: how can these contracts be smarter, and how should we employ standardization to ensure their efficiency?
5
Melnychuk, N. "PECULIARITIES OF TERMINATION OF LABOR CONTRACT WITH THE LEADER OF LEGAL ENTITY ON REQUEST OF ELECTIVE BODY OF PRIMARY TRADE UNION ORGANIZATION". Social Law, n.º 2 (27 de abril de 2019): 63–68. http://dx.doi.org/10.37440/soclaw.2019.02.09.
Texto completo da fonteResumo:
The article discusses some aspects of the process of termination of the employment contract with the head of the enterprise, institution or organization at the request of the elected body of primary trade union organization (trade union representative). It is noted that the requirement to terminate the employment contract with the director does not terminate employment contract by itself, but obliges the employer to terminate it. Carried out the analysis of the distinctive features of the consideration of the proposal of the trade union body regarding the termination of the employment contract with the head of the legal entity on the Draft Labor Code. The innovations of the bill are recognized as justified, timely, such that they correspond to the modern level of development of labor relations and called upon to balance the interests of the parties to the employment contract. A number of features that need improvement have been identified, namely: 1) consolidation of the obligation to consider the representation of the trade union for its validity; 2) the need to assess the severity of violations of labor legislation, collective agreements and contracts, the Law of Ukraine "On Trade Unions, their Rights and Guarantees"; 3) Elimination of the obligation of the employer to appeal against the requirement of the primary trade union organization (trade union representative) as a condition for stopping the execution. The author of the article notes that the determination of the nature of the violation by the head of the enterprise, institution, organization of labor legislation will contribute to the effectiveness of sanctioning legal norms, and the abolition of the obligation of the employer to appeal the requirement of the primary trade union organization (trade union representative) to the court will make it possible to prevent abuse of their rights by the trade unions.
6
Giulia, Giulia, e Giovanni Orlandini. "THE ITALIAN WAY TO INTERNAL DEVALUATION AND SOCIAL ACTORS’ STRATEGIES AGAINST AUSTERITY AND THE FLEXIBILIZATION OF THE LABOUR MARKET". Revista Direito das Relações Sociais e Trabalhistas 4, n.º 2 (10 de outubro de 2019): 129–51. http://dx.doi.org/10.26843/mestradodireito.v4i2.159.
Texto completo da fonteResumo:
Introduction: the Italian way to internal devaluation; 1.a Precarization of labour and weakening of trade union action at company level (amendment of dismissal law); 1.b Circumvention of the CCNL by means of exceptional employment contracts; 1.c Downward competition on labour costs by means of outsourcing and value chains; 1.d Promotion of decentralized collective bargaining and its power to derogate from the law and freezing of collective bargaining in the public sector; 2. The trade union(s) strategies; 2.a Bargaining strategy; 2.b Judicial strategy; 2.c Confrontational strategy; 3. New challenges for workers and new challenges for their organization(s); 3.a Italian trade unions’ strategies; 3.b Alternative experiences of (and in favour of) precarious workers; 4. Anti-austerity protests: the involvement of trade unions and social movements; 5. Concluding remarks; Bibliography.
7
Lanyasunya, Andrew Ropilo. "The nature of employment contracts and the kind of benefits that are enjoyed by security guards from Samburu community working in Nairobi". Editon Consortium Journal of Business and Management Studies 4, n.º 1 (5 de dezembro de 2022): 157–62. http://dx.doi.org/10.51317/ecjbms.v4i1.439.
Texto completo da fonteResumo:
This study established the nature of employment contracts and the kind of benefits that are enjoyed by security guards from the Samburu community working in Nairobi. The study adopted a survey design, and data was collected through questionnaires, which were applied to 200 security guards who had been randomly selected from 5 administrative clusters in Nairobi. The findings indicated that security guards were not properly contracted with the right documentation, did not enjoy social security benefits, lacked information about trade unions, and were not enjoying their right to collective bargaining. The study focused on particular employee welfare issues to determine the extent to which their rights were granted. The issues were job contraction and employment benefits, as well as employee exposure to knowledge about trade unions. In examining these issues, the study looked at the following indicators, which provided evidence for granting or non-granting of employee rights: shelter, diet and investments made by the employees; existence of job contracts, insurance cover, retirement benefit plan and health cover as well as membership to a trade union. It recommended that the Government of Kenya should enforce a proper job contraction for security guards, as well as have them accorded all the employment benefits stipulated by labour laws; the trade union movement in Kenya should reach out to security guards; and that the parliament should come up with legislation which will prohibit engagement of security guards outside the employment of duly registered security companies.
8
Brigden, Cathy. "Unions and Collective Bargaining in 2009". Journal of Industrial Relations 52, n.º 3 (junho de 2010): 321–34. http://dx.doi.org/10.1177/0022185610365634.
Texto completo da fonteResumo:
With the global financial crisis posing an ongoing threat to job security, more positive experiences of trade unions were often overshadowed in 2009. The passage and commencement of the Fair Work Act finally brought Work Choices to an end, or so it seemed until leadership change in the federal Liberal Party revived debate over individual contracts at the end of the year. The still difficult relationship between the unions and the Rudd federal government was in evidence throughout the year, and was underlined at the ACTU Congress. The return of Telstra and the major banks to the bargaining table with unions demonstrated a significant shift in the collective bargaining and industrial relations landscape in 2009. Occupational health and safety issues confronting unions included further developments concerning James Hardie and asbestos, workplace fatalities in the Pilbara and harmonization of occupational health and safety laws.
9
Duraj, Tomasz. "Powers of Trade Union Activists Engaged in Self-Employment – Assessment of Polish Legislation". Acta Universitatis Lodziensis. Folia Iuridica 95 (30 de março de 2021): 83–100. http://dx.doi.org/10.18778/0208-6069.95.08.
Texto completo da fonteResumo:
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.
10
Hepple, Bob. "Labour Law in an Era of Globalisation. Edited by Joanne Conaghan, Richard Michael Fischl, and Karl Klare. [Oxford: Oxford University Press, 2002. xxxii, 534 and (Index) 12pp. Hardback. £60. ISBN 0–19–924247–X.]". Cambridge Law Journal 61, n.º 3 (11 de dezembro de 2002): 715–38. http://dx.doi.org/10.1017/s0008197302281787.
Texto completo da fonteResumo:
The conception of Labour law as a distinctive branch of legal studies was a product of the late 19th century and the first half of the 20th century. The underlying theories (such as British collective laissez faire and US industrial pluralism) and the categories of legal thinking (such as “employee” and “contract of employment”) were shaped in industrialised nation states where the typical subjects of the law were Fordist manufacturing companies employing full-time male workers in life-time jobs on standardised contracts often regulated by collective agreements with trade unions. That “classical” model of labour law is plainly untenable in the post-industrial 21st century world in which union density and collective bargaining coverage have dramatically declined, and the “contract of employment” has lost much of its analytical value as paid work is increasingly performed outside conventional employment relationships. The feminisation of the workforce is now an irreversible fact, with profound consequences for the division between “work” and “family”, between paid and unpaid work, and between “jobs” and “careers”. Perhaps, the most important changes are those resulting from modern globalisation: the liberalisation of trade and investment, the domination of transnational companies (TNCs), the growth of a worldwide networked society, and increasing global competition. A major consequence of this is the reduced power of nation states to regulate labour within their own borders or migration across frontiers, the growth of complex multivalent legal orders with murky boundaries between supranational, transnational, national and workplace legal norms, and the prevalence of “soft” law such as corporate codes of conduct.
11
Harbridge, Raymond, e Kevin Hince. "Bargaining and Worker Representation under New Zealand's Employment Contracts Legislation : A Review After Two Years". Articles 49, n.º 3 (12 de abril de 2005): 576–96. http://dx.doi.org/10.7202/050960ar.
Texto completo da fonteResumo:
This paper examines the significant shift in the central philosophic and léegislative base of labour relations in New Zealand since the adoption of the Labour Relations Act in 1987 and the Employment Contracts Act in 1991. It reports two empirical studies. The first examines the collective bargaining System. The second study reports the structure and membership of trade unions in New Zealand in this new environment.
12
Xia, Liang-jie, e Hua-wei Zhi. "Ananlysis of Carbon Emission Reduction and Power Dominance between Single Manufacturer and Single Retailer in Regulatory Cap and Trade System". Discrete Dynamics in Nature and Society 2014 (2014): 1–12. http://dx.doi.org/10.1155/2014/523451.
Texto completo da fonteResumo:
In the cap and trade system, the paper analyses the Stackelberg game between the power asymmetrical retailer and manufacturer and designs a side-payment self-enforcing contract to resolve some arguments that the existing research overemphasizes spontaneity of participation in side-payment contracts design based on supply chain coordination and does not consider rationality and fairness of allocation of profit increment. Also, the numerical analysis was given. The research shows some important conclusions: in the supply chain, the dominant manufacturer is not able to encourage the retailer to improve its promotion level by increasing its carbon cutting level, but the optimal emission reduction level increases with the dominant retailer’s promotion level; the optimal promotion level, emission reduction, and product demand in a retailer leading supply chain are higher than those in a supply chain dominated by manufacturer; with the new side-payment self-enforcing contract, decentralized decision according to individual rationality incurs a collective reason effect in the centralized setting.
13
Nurgaliyeva, Yenlik N., e Xeniya B. Olzhabayeva. "Protection of labor rights of medical workers by trade unions in the Republic of Kazakhstan". Russian Journal of Labour & Law 14 (2024): 288–302. http://dx.doi.org/10.21638/spbu32.2024.119.
Texto completo da fonteResumo:
The article covers the practical activities of a number of Kazakhstani sectoral trade unions of healthcare workers to protect the social and labor rights of medical workers. Once the activities of these trade unions were studies, the authors drew attention that in recent years they are guided by international standards, conclude contracts for implementation of various projects with the International Labor Organization, which not only determines ways to build the potential of trade unions and stimulate social dialogue in the field of health, but also shows shortcomings in the activities of trade unions and offers effective measures to prevent them in the future. At the initiative of the trade unions of the industry, now Kazakhstan intends to ratify a number of ILO conventions with essential value for healthcare development. Some attention is paid to the activities of trade unions during COVID–19 pandemic, in particular to the protection of medical workers serving patients with covid infection and who did not receive the lump-sum payments for this. The article includes positive experience of trade unions that developed "Memo on legal protection of healthcare workers, organized the activities of the group of lawyers "Medical Lawyer", "Salary calculator". It analyzed individual and collective complaints received by the trade union, mainly concerning non-reflection of provisions of the Sectoral Agreement for 2020-2022 in the collective agreements of medical institutions regarding the establishment of increased official salaries, increased surcharges for certain categories of medical workers. It is noted that in the whole country, there is unserious attitude of employers not only to the drafting of the content of collective agreements, but also to the conclusion, extension of their validity, additions and changes due to various socio-economic factors, changes in labor legislation.
14
D.O., Dmytrenko. "Characteristics of the Scandinavian model of legal regulation of labor relations (on the example of Iceland)". Uzhhorod National University Herald. Series: Law, n.º 65 (25 de outubro de 2021): 160–64. http://dx.doi.org/10.24144/2307-3322.2021.65.29.
Texto completo da fonteResumo:
This article considers scandinavian legal regulation of labor relation on the example of Iceland. The author analysed the basic laws governing labor relations, and concluded that Icelandic labor law works in conjunction with collective agreements. The rules and conditions of collective agreement are more adapted to specific types of organisations, unlike legislation rules of which applies to all types of organisations. Collective agreements are binding for all parties to the agreement, regardless of whether they are organizations or individuals. The responsibility for the company lie with employers’ confederations, trade unions and employees, that’s why the state doesn’t interfere in regulation of wages, working conditions and social protection, because they are mainly guaranteed by collective agreements, not by legislation. Labor disputes in Iceland are divided into “disputes of law” and “disputes of interest” and have different resolution mechanisms. “Disputes of law” concern the interpretation or application of the provisions of labor law: differences in the meaning of the statutes; provisions of individual employment contracts; provisions of collective agreements; and other legally binding provisions. “Disputes of interest” concern the establishment of new laws by agreeing on the contradictory content of collective agreements, working conditions etc. There are two stages of Icelandic procedure of labor disputes : 1) negotiations; 2) trial. Icelandic Labor Court is an integral part of the corporate structure of labor market. Labor Court is responsible for setting and creation of case law and balance industrial relations system and labor law. Another important role in Icelandic labor market is played by trade unions. By signing collective agreements with employers’ organisations trade unions strength labor market and provide employees with better working conditions that are more adapted to specified categories of industries.
15
Galvão, Andréia, Bárbara Castro, José Dari Krein e Marilane Oliveira Teixeira. "REFORMA TRABALHISTA: precarização do trabalho e os desafios para o sindicalismo". Caderno CRH 32, n.º 86 (4 de novembro de 2019): 253. http://dx.doi.org/10.9771/ccrh.v32i86.30691.
Texto completo da fonteResumo:
<p><span>O artigo se propõe a identificar os impactos iniciais da reforma trabalhista sobre o sindicalismo em um contexto desfavorável aos trabalhadores e à ação coletiva, dado o crescimento da precariedade e da informalidade no mercado de trabalho. A análise trata da reconfiguração das classes trabalhadoras e da fragmentação sindical, bem como dos impactos da reforma sobre as estratégias e ações sindicais e sobre as negociações coletivas. A metodologia combinou pesquisas quantitativas sobre mercado de trabalho com análise documental (instrumentos normativos, matérias de imprensa comercial e sindical) e observação participante. Os resultados mostram que os sindicatos buscam se adaptar ao novo contexto, com pequenas inovações substantivas na ação e organização, e que as negociações têm sido tanto espaço de resistência quanto de legitimação do conteúdo da reforma.</span></p><p> </p><div><p class="trans-title"><strong>LABOR REFORM: precarious work and the challenges for unions</strong></p><p>The paper proposes to identify the initial impacts of the labor reform on trade unionism, in a context that is unfavorable to workers and to collective action, resulting from the transformations in the reconfiguration of the working classes, with the growth of precariousness and crisis of the labor market. The analysis focuses on the impacts of this reconfiguration of the working classes and the fragmentation of trade unions, as well as the impacts of the labor reform on union strategies and actions and on collective negotiation. The methodology combined quantitative labor market research with documents (collectives work contracts, commercial and trade union press materials) and participant observation. The results show that the trade unions are searching to adapt to the new context with some substantive innovations in action and organization. The latest negotiations have been, at the same time, spaces of resistance and legitimization of the content of the reform.</p><p><strong>Key words: </strong>Trade unionism; Labor reform; Precariousness; And collective bargaining</p><p> </p></div><div><p class="trans-title"><strong>RÉFORME DU TRAVAIL: le travail précaire et les défis du syndicalisme</strong></p><p>L’article propose d’identifier les impacts initiaux de la réforme du travail sur le syndicalisme, dans un contexte défavorable aux travailleurs et à l’action collective, en raison du développement de la précarité et de l’informalité dans le marché du travail. L’analyse porte sur la reconfiguration de la classe ouvrière et de la fragmentation syndicale, aussi bien que sur les impacts de la réforme sur les stratégies et actions des syndicats et sur la négociation collective. La méthodologie combine une étude quantitative du marché du travail avec des documents (contrats de travail collectives, matériel de presse commerciale et syndicale) et de l’observation participante. Les résultats montrent que les syndicats essayent de s’adapter au nouveau contexte, avec de petites innovations substantielles dans l’action et l’organisation, et que les négociations sont autant des espaces de résistance comme de légitimation du contenu de la réforme.</p><p><strong>Key words: </strong>Syndicalisme; Réforme du travail; Précarité; Négociation collective</p></div>
16
Banks, Robert F. "The Reform of British Industrial Relations : The Donovan Report and the Labour Government’s Policy Proposals". Relations industrielles 24, n.º 2 (12 de abril de 2005): 333–82. http://dx.doi.org/10.7202/028022ar.
Texto completo da fonteResumo:
Against a background of recurrent economic crisis in the 1960s pressures have developed to reform Britain's traditional industrial relations system. During the last two years the report of The Royal Commission on Trade Unions and Employers' Associations and a subsequent Labour Government White Paper included significant recommandations which are likely to change the character of the traditional system. Nevertheless both documents support an essentially voluntary approach to the reform of collective bargaining and reject the transformation of collective agreements into legally binding contracts. However, as a result both of growing public support for additional reforms and the improvement in the Conservative Opposition's political fortunes, plus doubts about the capacity of British unions and management to improve collective bargaining procedures voluntarily, the author suggests that further Government intervention in industrial relations is a strong possibility in the next few years.
17
Putintseva, Maria. "PREDICTIVE POWER OF INFORMATION MARKET PRICES". Journal of Prediction Markets 5, n.º 2 (19 de dezembro de 2012): 44–74. http://dx.doi.org/10.5750/jpm.v5i2.489.
Texto completo da fonteResumo:
Prediction (or information) markets are markets where participants trade contracts whose payoff depends on unknown future events. Studying prediction markets allows to avoid many problems, which arise in some artificially designed behavioral experiments investigating collective decision making or individual's belief formation. This work is aimed, first, to verify whether predictions made by prices of binary options traded in information markets are reliable and whether the prices contain additional information about the future comparing to the information available from the dynamics of underlying asset only. Second, inter- and intraday microstructure of the market of binary options on Dow Jones Industrial Average index is examined and described quantitatively. Third, since some ability to forecast future changes in the underlying asset is detected, a simple trading strategy based on observing the trading process in the prediction market is suggested and its profitability and applicability is evaluated.
18
Schreiber, Herbert. "Balancing Union and Individual Rights in Israeli Collective Bargaining: Job Security and the Reinstatement of Wrongfully Dismissed Employees". Israel Law Review 29, n.º 3 (1995): 459–90. http://dx.doi.org/10.1017/s0021223700014722.
Texto completo da fonteResumo:
This paper will deal with the reinstatement of wrongfully dismissed employees in the Israeli law of collective bargaining. According to the current state of Israeli labor law, this question is connected with many other issues, such as the difference between individual and collective disputes (a problem most exhaustively developed in the law of strikes), the ability of an individual employee to enforce rights deriving from a collective agreement and the application of the regular contracts remedies law to collective agreements. We begin with the collective agreement and its administration.Israel's Collective Agreements Law of 1957 exhibits an intriguing amalgam of American and continental influences. From America the act borrowed the concept of an exclusive bargaining representative. It was contemplated that in aspecialcollective agreement between a labor organization and a single employer or in ageneralcollective agreement between a labor organization and an employers' association,onelabor organization only would be entitled to enter into the collective agreement — the labor organization with the largest union membership. An agreement made by such a representative labor organization would directly bind all employees in the plant or trade covered by the agreement, whether members of the representative labor organization or not.
19
Olivieri, Matteo, Maria Andreoli, Daniele Vergamini e Fabio Bartolini. "Innovative Contract Solutions for the Provision of Agri-Environmental Climatic Public Goods: A Literature Review". Sustainability 13, n.º 12 (20 de junho de 2021): 6936. http://dx.doi.org/10.3390/su13126936.
Texto completo da fonteResumo:
Lack of public funding and environmental deterioration are promoting the search for innovative mechanisms enabling to boost farmers’ provision of agri-environmental climate public goods. This work aims to contribute to the current debate by highlighting the role of innovative contractual solutions through a systematic review of more than 60 articles. The review analyses the potential of result-based and collective contracts as innovative solutions compared to action-based instruments, which are those currently most used. The design of innovative contracts and other mechanisms, e.g., auction and screening contracts, can reduce the policy failures due to asymmetric information. The paper emphasises the trade-off between an accurate design of agri-environmental schemes and the related administrative burden, highlighting the need for a better understanding of the role of mechanisms design into the policy cycle. Some new instruments were not analysed in the review, due to the scarcity of literature, and there is the need of more case studies providing information on the effectiveness of instruments when implemented in different contexts. We fill the gap in empirical evidence through a SWOT analysis that evaluates the effectiveness and acceptability of innovative instruments for policy purposes.
20
Bogg, Alan, e Tonia Novitz. "The Politics and Law of Trade Union Recognition: Democracy, Human Rights and Pragmatism in the New Zealand and British Context". Victoria University of Wellington Law Review 50, n.º 2 (2 de setembro de 2019): 259. http://dx.doi.org/10.26686/vuwlr.v50i2.5745.
Texto completo da fonteResumo:
In this article, we seek to examine the potential for cross-fertilisation of legal regimes relating to trade union representation of members in collective bargaining. The United Kingdom has moved from an entirely voluntarist model in the 1980s to a statutory regime which facilitates recognition of a trade union following majority support from workers (usually by a ballot). By way of contrast, New Zealand has shifted from a highly regulated award-based model in the 1980s to an "agency" model whereby an employer is required to bargain in good faith with any union representing two or more of the employer's employees, but with some balloting also contemplated for coverage of non-unionised workers. It is uncontroversial that the United Kingdom legislation has been severely limited in its effects in a context of ongoing decline in collective bargaining, while the New Zealand model offers only faint remediation of the dismembering of the collective bargaining system by the Employment Contracts Act 1991. In both legal systems, a Labour Party is now proposing implementation of forms of sectoral bargaining. We explore the reasons for these political and legal developments, exploring democratic and human rights rationales for their adoption, as well as more pragmatic approaches. In so doing we examine the scope for democratic trade union representation via consent or ballot, the role of individual human rights and regulatory rationales. We conclude by considering how representative and regulatory approaches may be mutually reinforcing and address different understandings of "constitutionalisation". In so doing, we reaffirm the emphasis placed in Gordon Anderson's writings on substance over form.
21
Rivera, Ted, e Dave Foderick. "Ostrom’s Razor: Using Bitcoin to Cut Fraud in Hollywood Accounting". Journal of Risk and Financial Management 17, n.º 4 (29 de março de 2024): 139. http://dx.doi.org/10.3390/jrfm17040139.
Texto completo da fonteResumo:
The accounting principles prevalent in Hollywood are seemingly crafted to mislead creators and investors. Film studios and streaming platforms have been found to use complex strategies to annually divert millions in net profits. Many contracts include audit clauses, but the cost of auditing a billion-dollar system is prohibitive for most creatives with “net profit” deals. However, a resourceful minority have recovered billions in profits and damages. We suggest using Bitcoin’s transparent, immutable ledger to eliminate fraudulent accounting and build trust among profit-seeking filmmakers willing to trade maximum income for maximum profit per share. This trust can be spread globally utilizing the Bitcoin network as a transparent and immutable triple-entry accounting system. Our research shows that distributing this decentralized trust is achievable by configuring an ecosystem of existing Bitcoin wallets, applications, and recorded contracts to create a universal source of truth for all parties assisting in the creation of valuable content in the form of movies. This network can form the foundation on which to build a legal blockchain infrastructure that can eventually facilitate the sale of tokenized securities, discretely disseminate recorded financial data, and transparently distribute revenue to a collective of filmmakers indefinitely.
22
Tomanek, Artur. "The Right to Strike and Other Forms of Protest of Persons Performing Gainful Employment Under Civil Law". Acta Universitatis Lodziensis. Folia Iuridica 95 (30 de março de 2021): 71–82. http://dx.doi.org/10.18778/0208-6069.95.07.
Texto completo da fonteResumo:
This article deals with the issue of extending the right to conduct a collective labour dispute to persons performing paid work under civil law contracts, after the entry into force of the Act of 5 July 2018 amending the Act on Trade Unions and Certain Other Acts (Journal of Laws 2018, item 1608). The author considers the question whether and to what extent the right to strike and to take industrial action, provided for in the Act of 23 May 1991 on Resolution of Collective Disputes (consolidated text: Journal of Laws 2020, item 123), extends to civil lawful contractors. The position is presented that the proper application of the above mentioned law to the indicated circle of work contractors cannot mean the deprivation or limitation of their right to strike and to take industrial action. The solutions implemented by the Polish legislator with regard to persons performing work outside the employment relationship are more advantageous and far-reaching in comparison with the requirements resulting from the international labour law acts binding on Poland. However, there are specific problems with applying to these persons some of the regulations included in the Act on Resolution of Collective Disputes. These problems results from the fact that the individual legal relationship between these persons and the entities employing them is based on the provisions of civil law, and not on the Labour Code.
23
Borucki, Alex. "Trans-imperial History in the Making of the Slave Trade to Venezuela, 1526-1811". Itinerario 36, n.º 2 (agosto de 2012): 29–54. http://dx.doi.org/10.1017/s0165115312000563.
Texto completo da fonteResumo:
The last two decades have witnessed an unprecedented expansion of knowledge about the transatlantic slave trade, both through research on specific sections of this traffic and through the consolidation of datasets into a single online resource: Voyages: The Transatlantic Slave Trade Database (hereafter Voyages Database). This collective project has elucidated in great detail the slave trading routes across the Atlantic and the broad African origins of captives, at least from their ports of embarkation. However, this multi-source database tells us little about the slave trading routes within the Americas, as slaves were shipped through various ports of disembarkation, sometimes by crossing imperial borders in the New World. This gap complicates our understanding of the slave trade to Spanish America, which depended on foreign slavers to acquire captives through a rigid system of contracts (asientos and licencias) overseen by the Crown up to 1789. These foreign merchants often shipped captives from their own American territories such as Jamaica, Curaçao, and Brazil. Thus, the slave trade connected the Spanish colonies with interlopers from England, France, the Netherlands, Portugal (within the Spanish domain from 1580 to 1640), and eventually the United States. The importance of the intra-American slave trade is particularly evident in Venezuela: while the Voyages Database shows only 11,500 enslaved Africans arriving in Venezuela directly from Africa, I estimate that 101,000 captives were disembarked there, mostly from other colonies. This article illuminates the volume of this traffic, the slave trading routes, and the origins of slaves arriving in Venezuela by exploring the connections of this Spanish colony with the Portuguese, Dutch, British, and French Atlantics. Imperial conflicts and commercial networks shaped the number and sources of slaves arriving in Venezuela. As supplies of captives passed from Portuguese to Dutch, and then to English hands, the colony absorbed captives from different African regions of embarkation.
24
Gross-Camp, Nicole D., Adrian Martin, Shawn McGuire, Bereket Kebede e Joseph Munyarukaza. "Payments for ecosystem services in an African protected area: exploring issues of legitimacy, fairness, equity and effectiveness". Oryx 46, n.º 1 (janeiro de 2012): 24–33. http://dx.doi.org/10.1017/s0030605311001372.
Texto completo da fonteResumo:
AbstractWe explore the potential for payments for ecosystem services (PES) to reconcile conservation and development goals, using a case study of an experimental PES intervention around the Nyungwe National Park in Rwanda. The scheme involves the purchase of biodiversity conservation services from local communities in four selected locations. Although a portion of the payment is awarded at the household level, it is the collective action of the community that determines the level of the payment. Contracts are negotiated annually and include performance indicators within each participating community. We examine the ability of PES to achieve conservation and development objectives, through three sub-questions: Is the PES scheme effective? Is it legitimate and fair? Is it equitable? Our findings indicate that the relationship between these evaluation criteria is complex, with both trade-offs and synergies. In this case study the effectiveness of PES is dependent on the equitable distribution of the payment, participants’ belief and acceptance of the service being paid for, institutional histories that aid in the establishment of legitimacy and fairness, and the complementary nature of PES to more conventional enforcement methods.
25
Shcheglova, Tat’yana K., e Aleksey V. Rykov. "THE SIGNIFICANCE OF CONSUMERS COOPERATIVE SOCIETY IN PROVISIONING OF COLLECTIVE FARM PEASANTRY OF ALTAI LAND IN THE YEARS OF WORLD WAR II: IN TERMS OF POTTERY AND MANUFACTURE OF WOODEN SOLE BOOTS". Vestnik of Kostroma State University, n.º 2 (2020): 115–19. http://dx.doi.org/10.34216/1998-0817-2020-26-2-115-119.
Texto completo da fonteResumo:
The war between Nazi Germany and the USSR caused drastic changes in the Soviet system of distribution of goods. Reorientation of factories on military contracts led to diminishing of the centralised production of goods for consumers in rear areas. As a result, consumers cooperative society started to play an important role. The article considers the problems of consumers cooperative society and local enterprises which were its major suppliers. Through the example of pottery and manufacture of wooden sole boots diffi culties of reorganisation of enterprises in the context of war are revealed. The problems of interaction of local enterprises and consumers cooperative society are considered. In conclusion, the author points out that the major problem of reorganisation of enterprises in the context of war was the shortage of raw materials and the signifi cant factor of development was hand-crafted character of anufacturing. A certain problem was created by the reluctance of enterprises to deliver their production at artifi cially low state prices and its poor quality. The consequence of that was the decrease of signifi cance of consumers cooperative society and the increase of the ratio of market trade in provisioning of collective farm peasantry.
26
Risfa Izzati, Nabiyla. "Deregulation in Job Creation Law: The Future of Indonesian Labor Law". PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 9, n.º 2 (2022): 191–209. http://dx.doi.org/10.22304/pjih.v9n2.a3.
Texto completo da fonteResumo:
A new era in Indonesian labor policy has begun with the recent passage of Law Number 11 of 2020 on Job Creation. The Law modifies dozens of legislations to make business performance easier and strengthen the national investment climate. In doing so, the Law deregulated some key Indonesian labor law policies, reducing previous labor rights formerly governed by Law Number 13 of 2003 on Manpower. The Job Creation Law also seems to increase labor market flexibility. It makes businesses simpler by the provision to hire workers through an outsourcing system or legalizing longer fixed-term contracts, which will make the labor market more precarious for workers in the long run. The study aims to analyze whether deregulation is a way forward for Indonesian labor law and what impact it might bring on workers. The study found solid evidence that the Indonesian government is currently underway on its mission to deregulate labor regulations. This may impact badly on workers, as many labor protections previously mandated by law are reduced. Therefore, workers must strengthen their bargaining position through collective bargaining and reinforcing the trade union to survive in the post-Job Creation Law era.
27
Юмашев, Юрий, Yuriy Yumashev, Елена Постникова e Elena Postnikova. "CONTEMPORARY STATE OF GERMAN COPYRIGHT LAW". Journal of Foreign Legislation and Comparative Law 3, n.º 3 (10 de julho de 2017): 54–60. http://dx.doi.org/10.12737/article_593fc343b1df17.24854769.
Texto completo da fonteResumo:
This article analyzes the common problems of German copyright law (GCL). The authors begin with the concept of copyright law, emphasizing the personal, absolute and inalienable GCL. It operates on the basis of the so-called “monistic doctrine”, whereby its indivisibility and the creative individuality of the author play a vital role.
Then the authors describe the sources of GCL (first of all, the Basic Law of Germany, the German Law on Copyright and Related Rights, the International Convention on Copyright, the Agreement on trade-related aspects of intellectual property rights (trips) concluded under the World Trade Organization (WTO), and the primary and secondary law of the European Union).
Also there is an analysis of objects of GCL (copyrighted works) and their main elements: personal character, intellectual content, forms, and their perception of others. Original work must be the result of intellectual effort of the author, who is the subject of copyright.
The content of the GCL, the mechanism of its regulation and the scope of its application, including the dates of validity are
analyzed in present article.
Special attention is paid to the peculiarities of copyright and publishing contracts, issues of related rights, as well as a distinctive trait of GCL – the societies for the collective management of copyright and related rights. Also the article addresses civil and criminal penalties for violations of the GCL.
In conclusion the authors noted that the images of historically significant personalities can be published without their consent in a public and justice interests.
28
Cregan, Christina, Chris Rudd e Stewart Johnston. "Young People and Trade Union Membership: An International Comparative Study". Economic and Labour Relations Review 3, n.º 2 (dezembro de 1992): 165–80. http://dx.doi.org/10.1177/103530469200300209.
Texto completo da fonteResumo:
This paper attempts to test the recent British Industrial Relations model of trade union membership by an examination of a survey of early school-leavers in Dunedin, New Zealand which was carried out in October 1989. The findings offer strong support for the model because the same distinct strands of core motivation and remainder attitudes were evident. This demonstrates that the model could be successfully applied in a different institutional, cultural and economic context. The major cross-national differences to emerge were that most Dunedin youngsters intended to join a union; for them, collective instrumental reasons were very important and values of little significance. Furthermore, there was little evidence of disinterest or ignorance amongst the minority which was negative towards trade union membership. A recent article on trade union membership (Cregan and Johnston, 1990) suggested that conventional neoclassical theories are flawed by the free rider paradox, whereby a rational individual will not bear the costs of joining a union to gain rewards that are available to all the workforce as public goods. It proposed that the dilemma could only be solved by a membership theory which takes into account several different sources of individual motivation drawn from several disciplines. These were identified in a longitudinal survey of London early school-leavers, 1979–1981, in reasons given by young people for their membership decision, positive or negative, from which employees could be categorised in social movement parlance as core and remainder. However, the authors proposed that further direct investigations should be made in different contexts. For example, it may be that some responses were culturally or institutionally specific, or were based on economic context. Accordingly, a similar survey of a single cohort of early school-leavers was carried out ten years later in Dunedin, New Zealand. The aim of this paper, therefore, is to test the validity of the framework of the model within a different national context. The article will be organised in the following way. First, a brief summary of the Industrial Relations model of trade union membership will be presented and two hypotheses will be drawn from it. Second, the latter will be tested by a discussion of the results of the Dunedin survey and a comparison with those of the London survey. Third, implications of the findings for the consequences of the 1991 Employment Contracts Act will be briefly examined.
29
Grigorescu, Adriana, e Arina Mihaela Niculescu Diaconu. "Impact of Flexicurity Policies on the Romanian Labor Market". ECONOMICS 7, n.º 1 (1 de junho de 2019): 7–18. http://dx.doi.org/10.2478/eoik-2019-0003.
Texto completo da fonteResumo:
Abstract Along with joining the EU and with the desire to be compatible with the European labor market, flexicurity begins to penetrate gradually the Romanian labor market, becoming a topical concept, an economic and social recovery tool. In the simplest possible way, flexicurity can be defined as the compromise between flexibility and work safety. The flexicurity principle was born as a solution to the European dilemma: how to increase the competitiveness of European enterprises in global competition without sacrificing the European social model. Although a gradual passage is attempted, the tradition of a profession inherited from one generation to another or a stable job still exists in the human resource mentality, but it no longer exists in the present society. The concept of flexicurity is relatively new, introduced in Europe in 2006, when the principles of flexicurity were developed, but they were implemented according to the economic specificity of each EU member state. The purpose of this paper is to analyze the effects that EU accession has had on the Romanian labor market and the subsequent steps to harmonize Romania with the European Union requirements from the point of view of human resources management, flexicurity at the labor market. In Romania, the flexicurity balance is balanced, in the sense that the trade unions support a broader level of security, and the employers tend to a greater degree of flexibility. In conclusion, the Romanian labor market to develop a high degree of flexicurity must aim at increasing employment and reducing long-term unemployment, promoting workplace security and reducing the rigidity of labor law, especially in case of voluntary dissolution of firms, or of collective redundancies. In addition, the flexibility of collective and individual work contracts is also sought.
30
Safronov, Alexey. "The CMEA Working Group on Phosphorites and the Search for a Collective Solution to the Problems of Scarce Raw Materials by Socialist Countries in the 1970s". ISTORIYA 13, n.º 6 (116) (2022): 0. http://dx.doi.org/10.18254/s207987840021880-7.
Texto completo da fonteResumo:
The article examines the nature of interaction between the CMEA countries and the reasons for the low efficiency of cooperation through the CMEA on the example of many years of attempts to expand the import of phosphorites from developing countries. Based on the newly introduced archival materials of the working group on phosphorites, the article traces the prerequisites for its emergence, as well as the directions and results of the group's work in the 1970s. CMEA countries ways of action in this working group can be classified into three models of behavior: collectivist, paternalistic and egoistic, of which the last one turned out to be the most successful. In accordance with the “prisoner's dilemma” in the absence of punishments for opportunistic behavior, such strategy is rational. Polish delegation proposed to create a specialized international foreign trade society. However, the traditional CMEA format of multilateral approvals was in favor, which meant a sharp decrease in the likelihood of success of cooperative undertakings. The approval process was divided into several independent events (collection of product requirements, commitments for the supply of equipment and financing, preparation by the host country of a feasibility study (FS) for a facility and its approval by a developing country, obtaining contracts and distribution of subcontracts), for each of which required separate approval, which could be revised in the future. This created a high degree of uncertainty, which exceeded the collective interest of the participating countries and pushed them onto the path of self-sufficiency in phosphorites outside the CMEA framework. The author concludes that the low efficiency of cooperation through the CMEA was predetermined in the institutional design of this organization: the non-binding nature of participation and the absence of sanctions against participants demonstrating opportunistic behavior.
31
Doulabi, Behnaz Zandieh. "Examining the "Guarantor" Rule in New Contracts (Insurance)". International Journal of Multicultural and Multireligious Understanding 8, n.º 4 (3 de abril de 2021): 108. http://dx.doi.org/10.18415/ijmmu.v8i4.2429.
Texto completo da fonteResumo:
The extent of transactions, in human societies and the non-monopoly of a particular class or individual, and the emergence of new transactions, protecting the financial rights of individuals and informing them of the obligations and financial responsibilities affected by these transactions, requires laws and regulations. If a correct contract is not a guarantee, its corrupt one is not a guarantee. With the emergence of changes in human society and the expansion of trade and economic relations, new issues arose which undoubtedly had new jurisprudential and legal effects. These new issues are called in transactions and trade with different titles. They are interpreted as emerging issues or contracts in order to observe the brevity of the new contracts due to their importance and comprehensiveness, this article has examined only the insurance contract, which has not been discussed in the ancient texts, but contemporary jurists have examined it, and some have considered it an independent contract and some They have considered it in one of the chapters of jurisprudence. The method of data collection in this writing is library and the research method is descriptive-analytical. Although this contract is similar to some specific contracts, it is not an example of any of them. Therefore, some jurists have mentioned insurance as an independent contract. By stating the definition of this contract and the views of the jurists in expressing its place among the contracts, the inclusion of the rule in this contract becomes clear.
32
CBE, Dan Goyder. "The New UK Competition Act: Reform or Revolution?" Cambridge Yearbook of European Legal Studies 2 (1999): 149–57. http://dx.doi.org/10.1017/s1528887000003347.
Texto completo da fonteResumo:
One of the most notable changes in the forty years since I left Cambridge at the end of my Law Tripos has been the growth in importance of a number of legal subjects previously either totally unknown, known but disregarded, or of interest only to an enthusiastic minority. Competition law certainly fell into one of these categories, not then being taught as a separate subject or even perhaps referred to by any lecturer, except on occasion in the context of “contracts in restraint of trade”. But now the subject has truly come of age and, like some other important commercial law topics which have deservedly earned a place within the regular syllabus of the L.L.M, finds itself referred to constantly not only in academic and professional literature but in the media. Its influence on our daily lives as citizens and consumers means that it is often the subject of headline reports (not always accurate) quite apart from its economic and political significance in the regional, national, European and world context. For example, to mention only one or two current issues, we have had the court case brought by the Office of Fair Trading against the Premier League challenging its collective sale to BSkyB of the television rights to Premier League football matches, and, major changes proposed in the UK defence industries as a result of the proposed acquisition by British Aerospace of the GEC defence businesses.
33
Pratiwi, Fita Dwi. "Legal Guarantees Against Breach of International Trade Contracts Due to Non-Conformity of Goods Details reviewed from the CISG". Jurnal Justiciabelen 5, n.º 2 (29 de dezembro de 2022): 53. http://dx.doi.org/10.30587/justiciabelen.v5i2.5023.
Texto completo da fonteResumo:
in international contract transactions are currently not a difficult thing, the existence of these various technological advances provides a considerable opportunity and opportunity for the international community to establish cooperative relations between them. The execution of the contract in various ways can certainly cause problems or obstacles, especially in long-term contracts, it can be due to discrepancies in the details of the goods sold, the existence of force majeure circumstances that can result in the contract being unenforceable, or there may be changes in circumstances, such as political crises, currency fluctuations, economic crises. However, this study will focus more on discussing legal guarantees against violations of international trade contracts due to discrepancies in the details of goods reviewed from the CISG. International business cooperation transactions are the study of private law, where in private law, the law provides wider opportunities for each party to make, promise and implement the clauses they make. However, it is undeniable that to be able to carry out these activities, the parties must carefully understand and understand the legal rules that exist in the State of each party.
The research method carried out uses normative juridical, i.e legal studies carried out by using examining library materials or secondary legal materials. Meanwhile, in collecting data, it is carried out with two approaches, namely the conceptual method and the statutory technique. The purpose of this research is to find out how the legal guarantees that apply in international trade contract law if there is a violation in the contract due to discrepancies in the details of the goods received and what form of settlement efforts can be made by sellers and buyers in international trade contracts. This research resulted in a relationship to the legal guarantee of a breach of an international trade contract and what efforts were made by the parties to the matter in terms of the CISG international contract transactions are currently not a difficult thing, the existence of these various technological advances provides a considerable opportunity and opportunity for the international community to establish cooperative relations between them. The execution of the contract in various ways can certainly cause problems or obstacles, especially in long-term contracts, it can be due to discrepancies in the details of the goods sold, the existence of force majeure circumstances that can result in the contract being unenforceable, or there may be changes in circumstances, such as political crises, currency fluctuations, economic crises. However, this study will focus more on discussing legal guarantees against violations of international trade contracts due to discrepancies in the details of goods reviewed from the CISG. International business cooperation transactions are the study of private law, where in private law, the law provides wider opportunities for each party to make, promise and implement the clauses they make. However, it is undeniable that to be able to carry out these activities, the parties must carefully understand and understand the legal rules that exist in the State of each party.
The research method carried out uses normative juridical, i.e legal studies carried out by using examining library materials or secondary legal materials. Meanwhile, in collecting data, it is carried out with two approaches, namely the conceptual method and the statutory technique. The purpose of this research is to find out how the legal guarantees that apply in international trade contract law if there is a violation in the contract due to discrepancies in the details of the goods received and what form of settlement efforts can be made by sellers and buyers in international trade contracts. This research resulted in a relationship to the legal guarantee of a breach of an international trade contract and what efforts were made by the parties to the matter in terms of the CISG
34
Dosin, Bozhena. "INFORMING THE PARTIES AS A FORM OF SOCIAL DIALOGUE". Visnyk of the Lviv University. Series Law, n.º 75 (10 de novembro de 2022): 120–28. http://dx.doi.org/10.30970/vla.2022.75.120.
Texto completo da fonteResumo:
The article is devoted to the understanding of the legislative and applied issues of informing as a form of social dialogue in Ukraine. Using the comparative method of researching the legislative norms on information and social dialogue, it is concluded that the general principles for the realization of the right to information and state guarantees in the field of information relations also apply to the legal relations of social dialogue. It is argued that the legislative term «information exchange» does not always meaningfully correspond to the actions that the parties of a social dialogue perform, therefore it is proposed to change the name of the form of social dialogue to «informing the parties to social dialogue». Based on the analysis of the norms concerning trade unions, employers' organizations, as well as social dialogue, two types of informing the social dialogues parties are distinguished: 1) at the request of the other party or independently on the basis of the legislative norms; 2) mutual informing of the parties (information exchange). Simultaneously, they can act both as an independent form of social dialogue realization and as the elements in other consultations or conducting collective negotiations. The necessity of eliminating legislative conflicts contained in the Laws of Ukraine «On trade unions, their rights and guarantees of activity», «On the organizations of employers, their associations, rights and guarantees of their activity», «On social dialogue in Ukraine» is proved. In particular, it is proposed to consolidate the right of the employer (outside of membership in an employers' organization) as a subject of legal relations of social dialogue at the local level to participate in the informing procedure under the legislation on social dialogue (mandatory persons, deadlines for providing information, etc.). The author also proves the need to legally detail the content and scope of information that may be the subject of informing upon request, demand or during the procedure for mutual informing the parties of social dialogue in accordance with the standards of ILO Recommendation No. 129 (communications between the administration and workers in the enterprise) and Directive 2002 / 14 /EU (on the establishment of general rules for informing and consulting employees of the European Community). Based on the analysis of the norms of collective agreements and contracts, it is concluded that the parties to social dialogue only prescribe their rights and obligations to inform, without detailing the procedure. Therefore, they do not use the legislative norm on the possibility of contractual regulation of these procedures.
35
Dyastuti, Risqi Mumpuni. "Akibat Hukum Penerapan Prinsip Good Faith Pada Kontrak Investasi Internasional Di Indonesia". Bacarita Law Journal 3, n.º 2 (19 de maio de 2023): 125–39. http://dx.doi.org/10.30598/bacarita.v3i2.8962.
Texto completo da fonteResumo:
International Trade is a hot topic being discussed by the public because of the economic linkages in the progress of recent rapid development. In the international trade contract, there is not only goods trade activity but also service trade including contracts related to investment, finance, construction, transportation activity, and even contracts made in electronic. This research aims to find out and analyze regarding legal consequences of applying the principle of good faith which is only existed when the contract is executed in International Investment Contract in Indonesia. In addition, the other purpose is to find out and analyze the alternative solutions if a dispute is occurred. This research is doctrinal research using secondary data. The secondary data used is primary legal material, secondary legal material, and tertiary legal material. Moreover, technique of collecting data is carried on by library research. Meanwhile, technique of analysis data used in this research is qualitative data analysis using historical approach. The good faith principal which is only applied at the time of the contract will bring the dispute in the future. Therefore, if this principle is applied in the negotiation stage in each contract, the risk of the dispute in each contract will be smaller. Basically, good faith principal existed in humans as social beings who always need cooperation, though every country has different legal system in regulating the good faith principal. Hence, if there is conflict and dispute in the International Investment Contract, according to the law of Indonesia in the Act No. 25 Of 2007 concerning investment, it will be undertaken by international arbitration. However, it is possible to use other arbitration institution agreed by both sides. If there is dispute and the parties do not determine the legal choice and do not include it in the agreement, the institutions above can be used according to the agreement between the two parties. Meanwhile, for foreign investors who sign investment contracts in Indonesia, if there is dispute in the investment contract, it will be settled through International arbitration.
36
Coryka, Widhiatmika, I. Nyoman Putu Budiartha e Ni Made Puspasutari Ujianti. "Perlindungan Hukum Bagi Pemilik Kartu Elektronik dalam Transaksi E-Commerceputu". Jurnal Interpretasi Hukum 2, n.º 3 (27 de novembro de 2021): 525–30. http://dx.doi.org/10.22225/juinhum.2.3.4131.525-530.
Texto completo da fonteResumo:
Electronic contracts are one of the new forms of contracts that get special protection in Law Number 11 of 2008 concerning Information and Electronic Transactions. In general, electronic contracts are very different from ordinary (conventional) forms of contract, therefore it will be very difficult to directly apply the conditions for the occurrence of conventional contracts to this electronic contract (online contract). The purposes of this study are to reveal the validity of electronic contracts in credit card agreements and legal protection for credit card owners in e-commerce transactions. This research was conducted using normative legal research by applying a statutory approach. The technique of collecting legal materials is carried out by taking inventory of laws and regulations and recording techniques. This study uses primary and secondary legal materials which are then processed using deductive logic with analysis of legal interpretation and legal arguments presented descriptively. The results of the study reveal that in Law Number 8 of 1999 there are regulations that protect the parties who carry out E-Commerce transactions. Electronic contracts are basically the same as written contacts and have legal force and legal consequences as long as they meet statutory requirements. The legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill the agreed or/or agreed guarantees and/or guarantees.
37
Gera, Anton. "The Right to Work in International and National Law in the Time of Globalization". Interdisciplinary Journal of Research and Development 11, n.º 1 S1 (23 de abril de 2024): 123. http://dx.doi.org/10.56345/ijrdv11n1s119.
Texto completo da fonteResumo:
Work is not a commodity like all other commodities, but it is an emanation of the human person. For this reason, its value is higher than all other things. With the beginning of industrialization, in addition to state measures for the protection and education of work, the workers joining forces in mutual unions have done everything to oppose the inferiority of the labor factor to capital. It should be emphasized that the right to work is not a subjective right that you can claim in court in case of non-realization, but it is a principle that the State through policies must be committed to create conditions for everyone to be employed. In the time of economic and financial globalization that today's society is experiencing, the right to work is not regulated only in national legislation, but also in international legislation and collective contracts. In this work, the sources of international labor law approved by the ILO, the UN and some regional organizations such as the Council of Europe and the European Union will be explained first. It is very important to know the international sources for labor law because they occupy a privileged position in the hierarchy of sources of law in the Republic of Albania, which are often overlooked by law enforcement officers. After exhausting the sources of international labor law, the national sources will be treated with a focus on our Constitution. A special place in this work will be occupied by trade union freedom and the right to strike according to domestic law, which have historically represented the basic means to protect the rights of women workers. At the end of the report in this conference, we will briefly dwell on the impact of globalization on labor law. Received: 25 December 2023 / Accepted: 25 February 2024 / Published: 23 April 2024
38
Buletsa, Sibilla. "Virtual Assets as an Object of Civil Rights". Central European Academy Law Review 1, n.º 1 (30 de junho de 2023): 11–23. http://dx.doi.org/10.62733/2023.1.11-22.
Texto completo da fonteResumo:
This academic article argues that virtual property should be included in the civil rights catalogue as an intangible element. This study examines the metauniverse’s evolution, virtual property markets, legal regulation in the metauniverse across countries, and the potential to improve national legal frameworks in this domain. The author compared virtual property to tangible property and proposed using blockchain-based smart contracts to resolve metaverse legal concerns. Legal and practical regulations for virtual property transfers are lacking in the legislative realm. The metaverse and other new business models have raised complex legal issues regarding virtual asset authentication and use. These complex legal issues require further study. Metaverse operators should prioritise a thorough protection mechanism for users’ virtual property throughout virtual business scenario development. Property value in the metauniverse is non-constant, raising concerns about its stability. The transaction’s result depends on the collective or involved parties’ consensus. Value is determined similarly to how modern culture values collectibles and art. It would be foolish to treat all metaverse items as collections and art. Its impact on the tangible economic structure may be negative. Despite the resolution of metauniverse and medium of trade ownership issues, the challenge of actualizing ownership within the metauniverse will endure. The author examined numerous issues linked to Ukraine’s virtual property legislation. The author also made legislative development recommendations for this domain. The placement of virtual entities inside the Civil Code shall be subject to restrictions with regard to intangible or non-physical entities. This phenomenon arises as a result of the dynamic nature of society, characterised by the presence of societal norms and regulations. The evolution of law has emerged as a viable alternative that aligns with the changing demands of society in different historical periods.
39
Syarifuddin, Syarifuddin, Djaenab e Nuringsih. "Contracting Balance in Islamic Banking Mudharabah Agreements in Indonesia: Islamic Economic Perspective". BANCO: Jurnal Manajemen dan Perbankan Syariah 6, n.º 1 (9 de janeiro de 2024): 30–39. http://dx.doi.org/10.35905/banco.v6i1.6660.
Texto completo da fonteResumo:
The purpose of this study is to determine the position of mudharabah contracts in fiqh and the practice of mudharabah contracts in Islamic banking in Indonesia in general. The research method used by the author in this research is literature review, data collection through several journals, and several other references, then data analysis uses review analysis using data reduction, systematic and objective. The results of this study reveal that the mudharabah contract is a collaboration between the owner of the funds or investors (shaihb al-mal / rabb al-mal / investors) and the manager of capital (mudharib) to do business on the basis of a profit sharing ratio. Although mudharabah contracts have no basis in the Koran or implicit sunnah, they were used to carry out trade by the early generations of Muslims. Contracts are developed by the Fuqaha under conditions on his behalf based on general sharia principles of fairness. Islamic banking practices in carrying out mudharabah contracts as financing in the case of mudharabah contracts are one of the banking products, namely in the form of time savings, for example hajj savings, sacrifices, and special savings (special investments)
40
Schaffhauser, Philippe. "La force de l’héritage. Sociologie du mouvement social des ex-braceros (Travailleurs agricoles mexicains 1942-1964) et ses enjeux". Revista Trace, n.º 62 (16 de julho de 2018): 50. http://dx.doi.org/10.22134/trace.62.2012.458.
Texto completo da fonteResumo:
A lo largo de sus 20 años de existencia, de 1942 a 1964, el programa Bracero se tradujo en la firma de 4 646 199 contratos de trabajo e involucró a cerca de 1.5 millones de trabajadores; los que inicialmente fueron empleados en la construcción de vías férreas y en la agricultura, y después de la Segunda Guerra Mundial, sólo en el sector agrícola. Este movimiento también es cuestión de generaciones y una historia de géneros. Dicha articulación hace de esta lucha social “un asunto de familia” que se desarrolla principalmente en el medio rural mexicano, cuyo vector principal de expresión es la comunidad a su alrededor. El tema del bracero refleja también la actualidad de la cultura política mexicana, ya que recoge experiencias colectivas e individuales heredadas de los movimientos sociales de la segunda mitad del siglo pasado.Abstract: Throughout 20 years, from 1942 to 1964, the Mexican Farm Labor Program represented the signature of about 4 464 199 contracts for 1.5 million of workers who were initially employed in the construction of railways and in agriculture and after the World War II only in the agricultural sector. This movement is also a question of generations and of gender history. This articulation makes this social struggle «a family affair» that is taking place principally in the mexican rural context for what the main expression vector is the community and its surrounding area. The theme bracero also reflects today « mexican political culture » because it includes collective and individual experiences of social movements inherited from the second half of the last century.Résumé : Au cours de ses vingt-deux ans d’existence, de 1942 à 1964, le programme Bracero s’est traduit par la signature de 4 646 199 contrats de travail pour environ 1.5 million de travailleurs. Ceux-ci furent d’abord employés pour la construction des chemins de fer et pour l’agriculture puis, après la Seconde Guerre mondiale, seulement pour l’agriculture. Ce mouvement est aussi une question de générations et d’histoire du genre. Cette articulation fait de cette lutte sociale « une affaire de famille » qui se déroule principalement dans le milieu rural mexicain dont le vecteur d’expression principal est la communauté et ses environs. Le sujet bracero reflète aussi ce qu’on le pourrait appeler l’actualité de la « culture politique mexicaine » issue des expériences collectives et individuelles héritées des mouvements sociaux de la seconde moitié du siècle dernier.
41
Azizi Rahman, Maulana, Ahmad Sanusi Luqman e Anida M. "Implementasi Penyertaan Akad Wakalah Dalam Pembiayaan Murabahah Pada PT. Bank Syariah Indonesia, Tbk KCP Pangkalan Brandan". Al-Sharf: Jurnal Ekonomi Islam 3, n.º 2 (20 de junho de 2022): 186–95. http://dx.doi.org/10.56114/al-sharf.v3i2.314.
Texto completo da fonteResumo:
This study focuses on the discussion of the process and realization of the distribution of murabahah financing, the inclusion of wakalah contracts in murabahah financing, and the economic perspective on the inclusion of wakalah contracts in murabahah financing by PT. BSI, Tbk KCP Pangkalan Brandan. The research method used in this study is a descriptive qualitative research method with an empirical approach. In this study, researchers used a collection technique, namely by means of observation, interviews, and documentation. Data processing and analysis techniques are data editing, data classification, data verification and drawing conclusions. The results of the study explain that the process and realization of murabahah contract financing at PT. BSI, Tbk KCP Pangkalan Brandan is almost the same as financing in general, starting with an application, survey and disbursement, while financing products using a murabahah contract are motor financing, car purchases, electronic goods purchases, raw material purchases, and home renovations. . Wakalah contract participation is carried out at the same time as the implementation of murabahah financing. The inclusion of wakalah contracts in murabahah financing by PT. BSI, Tbk KCP Pangkalan Brandan can be said to be illegal and not in accordance with Islamic economics, because in practice, the murabahah financing that has occurred has invalidated one of the pillars and conditions in buying and selling, namely the absence of goods being traded and the goods are not property rights. full of the contracting parties so that the delivery of the object cannot be carried out.
42
Meyer, Timothy. "Collective Decision-Making in International Governance". AJIL Unbound 108 (2014): 30–36. http://dx.doi.org/10.1017/s239877230000180x.
Texto completo da fonteResumo:
The traditional treaty, conceived of as a contract between states, is in decline. Recent climate change negotiations have produced nonbinding instruments such as the Copenhagen and Cancun Accords; the financial crisis prompted governments to negotiate Basel III, a nonbinding framework for global banking regulation; the nonbinding Organisation for Economic Cooperation and Development’s Guidelines for Multinational Enterprises are developed countries’ primary rules governing the conduct of transnational businesses. Clouds loom on the horizon even in those areas in which the treaty’s prominence continues, such as investment and trade law. The World Trade Organization (WTO) has not reached a major agreement among its members since its founding twenty years ago, and some states have withdrawn from bilateral investment treaties or the Convention on the Settlement of Investment Disputes Between States and National of Other States (better known as the ICSID Convention).
43
Audria, Nivia Mina. "Implementation of Murabahah Contracts in Buying and Selling Housing". Kunuz: Journal of Islamic Banking and Finance 1, n.º 2 (30 de dezembro de 2021): 74–84. http://dx.doi.org/10.30984/kunuz.v1i2.65.
Texto completo da fonteResumo:
Indonesia's economic development related to the demand for housing is increasing. Many indicators can be seen in the community, such as the number of community housing developments. These developments create property business opportunities such as buying and selling housing, especially those that avoid the element of usury so that they look for a sharia buying and selling process, one of which is a murabahah contract. This study aims to determine the implementation of the murabahah contract in buying and selling housing. This research is a descriptive research research based on literature study. Data collection is done by taking from literature sources that are relevant to the research problem. Based on the analysis of various literatures, this study concludes that in the implementation of buying and selling murabahah contracts, it is required that both parties must know the benefits that have been agreed upon and the element of usury is prohibited. In its implementation, it must meet the pillars and conditions according to sharia principles. Traded goods are not included in the categories prohibited by Islamic law. But there are some in the implementation of the murabahah contract, there are some that have been modified related to the murabahah contract.
44
Schlachter, Monika. "Trade union representation for new forms of employment". European Labour Law Journal 10, n.º 3 (setembro de 2019): 229–39. http://dx.doi.org/10.1177/2031952519870018.
Texto completo da fonteResumo:
Defining the personal scope of application of the right to be represented by a trade union for collective bargaining purposes starts by defining the notion of employee/worker on whose behalf the conclusion of collective agreements is not disputed. In the German legal system, a sub-category of self-employed persons, known as ‘employee-like’ persons, is also included in the scope of the statute on collective agreements. For all other self-employed persons, however, no such statutory inclusion exists. They are, rather, prevented from collective price setting by (national und EU) competition law. Upon a closer look at the social purpose of exempting collective agreements from the restrictions of competition law, it is necessary to differentiate according to the existence of a structural power imbalance to the detriment of one contracting party much rather than according to the type of contract concluded. Some self-employed persons, specifically those categorised as workers under a new form of employment, do need collective bargaining as much as employees do, as they find themselves in a comparably weak individual bargaining position.
45
Kovačević, Aleksandar. "Decent work at local digital platforms in Serbia". Politička revija, n.º 00 (2023): 5. http://dx.doi.org/10.5937/pr77-44233.
Texto completo da fonteResumo:
In this study, we examine the concept of decent work on local digital platforms in Serbia. So, this article focuses on the research topic of whether labour done on local digital platforms may be classified as "decent work." Labour digitization and the digital economy are novel phenomena that need in-depth examination. We begin with the concept of the digital economy as a basis for the development and expansion of digital labour. This new economy is characterised by knowledge and the use of various smart tools, as well as the crossing of national borders, and so on. Nowadays, we may talk about the gig economy, which is defined by short-term employment on online platforms or labour via mobile applications. These developments resulted in the establishment and growth of a worldwide digital labour market marked by non-standard forms of employment, insecure labour agreements, and the involvement of third-party intermediaries between employees and clients. There are considerable efforts to alter employment legislation throughout Europe. Co-regulation, which involves several players in the decision-making process, is one possible option. The Directive on Improving Working Conditions in Platform Work, which is now in the process of adoption, is perhaps the most important document at the EU level. It is worth mentioning the practices of the European Union's Court of Justice, national courts in Spain, the Netherlands, Italy, and Germany, as well as national regulations in both Italy and France that establish the right to disconnect. We must also acknowledge the work of international and national trade union federations, such as the European Trade Union Confederation. So, the most pressing issue in this study is finding decent work in the digital labour market. A decent work index comprises many indicators. With statistical and legal indicators, the International Labour Organisation discusses 10 core aspects of decent work. According to an early study, there is no decent work on digital platforms due to bogus self-employment, which occurs when certain entrepreneurs work for only one company. The reasons for this phenomenon are reduced expenses and employers' lack of accountability. This is also an aspect of digital labour in Serbia. To assess the gig economy in Serbia, we use the online labour index and the gigmeter. According to the online labour index, Serbia is among the top 15 nations in the world in terms of the number of digital employees, accounting for 1.4% of the global total. Software development is the most frequent occupation. According to the gigmeter, the most frequent employment is creative and multimedia. The most crucial duty is to figure out how many digital employees there are in Serbia. According to the most conservative estimate, Serbia has almost 90,000 digital employees. Almost two-thirds of digital employees in Serbia are in hidden employment. Now we can talk about doing decent work on digital platforms in Serbia. To assess decent work, we apply the Fair Work Principles. Fair pay, fair conditions, fair contracts, fair management, and fair representation re among these principles. Every platform can be scored with a basic and an extra point, for a total of 10 points. The study incorporates five platforms: Uradi-zaradi, Glovo, Wolt, Car: Go, and Mr.D. According to the Fairwork rating, Uradi-zaradi and Wolt met the most requirements but received just a passing grade. The Public Policy Centre performed extensive research on decent work to find that it does not exist on digital platforms. The most essential motivation for digital labour is a high wage, which comes at the price of a long working week. This study determined that neither platform satisfies the passing standard and makes some recommendations for improving working conditions on local platforms. First, the practice of bogus self-employment must be stopped. Second, labour legislation must be revised. Third, the right to collective bargaining must be extended to digital workers. This can be done by a strong trade union movement that can find a way to safeguard digital employees without jeopardising traditional workers' rights.
46
Sumarni, Sumarni, Saiful Mukhlis e Wahid Haddade. "Praktik Jual Beli Tumpukan (Jizaf) dalam Mewujudkan Konsep Keadilan Bisnis Islam". BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 4, n.º 1 (27 de março de 2023): 113–33. http://dx.doi.org/10.36701/bustanul.v4i1.892.
Texto completo da fonteResumo:
This study aims to understand the practice of buying and selling the stack system (Jizaf) in realizing the concept of Islamic business justice for fish traders in Lonrae Auctions, Bone Regency. This study uses qualitative research with phenomenological, sociological and Shari'a approaches. The data sources for this study come from primary data, namely: 1 fish trader (juragan)and 4 fishermen and secondary data comes from various sources, namely books, journals and other research. Furthermore, the data collection method used by observing, interviewing and documentation. Data analysis in this study went through three stages, namely data reduction, data presentation and drawing conclusions. In this data analysis using the concept of buying and selling Jizaf as data analysis. The results showed that the practice of buying and selling piles (Jizaf) in realizing the concept of Islamic business justice that occurred at the Lonrae Fish Auction in Bone Regency, from the point of view of the pillars of buying and selling jizaf (contracts and people who are in akad) has met the requirements justified in the Muamalah Fiqh rules . However, judging from the aspect of the validity of the contract object being traded, it still creates tadlis and gharar in the buying and selling transaction process. With the elements of usury, tadlis (fraud) and gharar (obscurity) in buying and selling transactions, this is not in accordance with the concept of realizing justice in business because of injustice in buying and selling.
47
Gilson, Clive H. J., e Terry Wagar. "The U.S./Canada Convergence Thesis: Contrary Evidence from Nova Scotia". Articles 50, n.º 1 (12 de abril de 2005): 66–84. http://dx.doi.org/10.7202/050992ar.
Texto completo da fonteResumo:
The impact of P.C. 1003 on labour relations legislation in the various Canadian provinces can be both overestimated and underestimated. Many other elements and factors came together to produce a Canadian System of industrial relations in 1944. P.C. 1003 was both a result and a beginning. The American Wagner Act of 1935 and the pressure exerted in Canada by union leaders to obtain similar legislation in this country were two major factors. Some provincial legislations had established Systems of conciliation, through the federal and/or provincial Departments of Labour. A few previous laws prepared the way for P.C. 1003. The Quebec Trade Disputes Act of 1901 introduced mediation, conciliation and arbitration. Although the services were offered on a voluntary basis to interested parties, a certain number did use them, and that very fact contributed to the view that state intervention was normal. The federal legislation adopted in the first decade of the century had a similar impact, at least until its constitutionality was successfully attacked in 1925. After the Snider case, all Canadian provinces but one moved to "provincialize" the effect of the Industrial Disputes Investigation Act by adopting similar legislation. The 1937 Industrial Conciliation and Arbitration Act of British Columbia provoked much interest; and the 1943 Ontario Collective Bargaining Act was an important experimental prelude to P.C. 1003. The provisions of these acts were in most cases voluntary, but their application, whether mandatory or voluntary, helped to foster the belief that government intervention in labour disputes was normal, if not desirable. The first federal-provincial conference held on the subject in 1943 also helped to pave the way to the acceptance of the main elements of P.C. 1003. Because of the war situation and the urgency of keeping conflicts from becoming too disruptive, steps that could not have been taken in other circumstances became acceptable at that time. Thus the administrative machinery for certification and conciliation services was put in place. The "cost-plus" system of granting government contracts played a major role. Because P.C. 1003 was mandatory for all war industries, it applied to most of the unionized industries. The rest of the economy was covered by provincial laws, many of them simply extending P.C. 1003 provisions to labour disputes in provincial jurisdiction. These provisions were continued after the war under the National Emergency Transitional Powers Act. By 1948, all of the provinces had adopted a Labour Relations Act, under that name or another, containing the major features of P.C. 1003 and of the 1948 federal Industrial Relations and Disputes Investigation Act. In a sense, P.C. 1003 owed a lot to previous provincial laws, but subsequent legislation also owes a lot to P.C. 1003, especially with regard to the technical aspects of certification and the creation of labour boards.
48
Baccaro, Lucio, e Marco Simoni. "Organizational Determinants of Wage Moderation". World Politics 62, n.º 4 (outubro de 2010): 594–635. http://dx.doi.org/10.1017/s0043887110000201.
Texto completo da fonteResumo:
This article contributes to the political economic literature regarding the effects of industrial relations institutions on national economic outcomes. Based on an econometric analysis of the determinants of wage moderation in sixteen industrialized countries between 1974 and 2000, it argues that the organizational characteristics of trade unions have a significant impact on wage dynamics. Controlling for a number of institutional and economic factors, the countries in which trade union confederations directly involve workers in the process of collective bargaining ratification have on average lower wage growth relative to productivity than others. The authors also find that collective bargaining coordination and contract ratification magnify each other's wage-dampening effect. Through case studies of Ireland and Italy, the article examines the causal mechanisms underlying the uncovered statistical regularities and concludes that, particularly at a time in which classic political exchange is waning, worker involvement in contract ratification allows confederation leaders to resolve conflicting claims inside their organizations at lower wage levels than are achieved by a less participatory governance process.
49
Tulachan, Bojindra Prasad. "Why is the Nepalese labor force so strong in a global context of decline? Shedding light on the unexplored characteristics of Nepalese labor relations". Employee Relations: The International Journal 43, n.º 1 (3 de setembro de 2020): 15–29. http://dx.doi.org/10.1108/er-02-2020-0068.
Texto completo da fonteResumo:
PurposeThe purpose of this paper is to shed light on the unexplored characteristics of labor relations in Nepal against the backdrop of social exchange theory as it relates to labor relations.Design/methodology/approachThe paper considers the psychological contract of promises and expectations from the social exchange theory on the ground in Nepal. To do so, the paper adopts an inductive method of investigation and reviews dispersed and unstructured archival data.FindingsIn terms of the psychological contract of promises and expectations, Nepalese workers and trade unions appear to have constituted a pressure group since they aligned themselves with Nepal's political parties. Consequently, the legal labor framework and behaviors of trade unions have produced highly politicized labor relations; very high and dense union memberships; vocal unions; a labor-supportive legal framework; union-influenced government and union-driven enterprise-level collective bargaining and collective dispute settlement.Originality/valueThe paper claims that although the system framework has flimsy prospects elsewhere in the world, it is strong in Nepal as a result of the recent Labor Act of 2017. For this very reason, the paper argues that Nepal's trade unions are in their sturdiest position ever and, therefore, that the country has evaded the crisis experienced in advanced and emerging economies in other parts of world. In theoretical terms, the article contributes from the social exchange theoretical perspective to the literature on the psychological contract of promises and expectations. It also has a bearing on emerging discourses and debates about the revitalization or reshaping of traditional industrial relations.
50
MacGinnis, John D. A. "Harrānu Texts from the British Museum". Iraq 56 (1994): 117–21. http://dx.doi.org/10.1017/s0021088900002862.
Texto completo da fonteResumo:
The Neo-Babylonian contracts in which one or more parties put up money to fund shares in a harrānu (caravan, trade venture) have been studied in detail by Lanz in his book Die neubabylonische harrānu-Geschäftsurkunden (1971). The present texts come from the Sippar Collection of the British Museum, two from Sippar and one from Borsippa.