Статті в журналах з теми "Alteration of labour contract conditions"
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1
Бочарников, Дмитрий, and Dmitriy Bocharnikov. "Specifics of Scientific Activity as a Ground of Differentiation of Legal Regulation of Labor Relations of Scientific Workers." Journal of Russian Law 2, no. 2 (January 20, 2014): 101–9. http://dx.doi.org/10.12737/2244.
Повний текст джерелаАнотація:
The article is dedicated to the detection of the specific features of scientific work which determine the specificity of the legal regulation of the labour relations of scientists and scholars. The author provides a general characteristic of the legal status of the researcher and analyses the exceptions from general rules stipulated by Russian legislation as well as the additional rules for the conclusion, alteration and termination of the labour contract with the said category of workers, their qualifications, working conditions and salaries.
2
Christman, John. "Analyzing Freedom from the Shadows of Slavery." Journal of Global Slavery 2, no. 1-2 (2017): 162–84. http://dx.doi.org/10.1163/2405836x-00201010.
Повний текст джерелаАнотація:
Philosophical treatments of core value concepts often abstract from the troubled history and fractured present of the societies to which those concepts are meant to apply. In the case of the political tradition of liberal democratic thought, stretching from the social contract theories of the seventeenth and eighteenth centuries up through contemporary writers, the notion of individual freedom or liberty is central. However, often that idea, and the assumption of its foundational value for persons, is specified from the perspective of those who enjoy it rather than those struggling to attain it. Moreover, the social spaces that theories of justice that locate freedom as a central value have continue to bracket out of existence the patterns of enslavement, oppression and domination that mark all social spaces. This article attempts a reappraisal of certain dominant understandings of the idea of freedom in both historical and contemporary philosophical discourse in light of this alteration of perspective. Specifically, the current practices of coercive labor, trafficking, irregular labor migration, and other forms of “marginal” social lives are brought into focus in order to guide this reappraisal. The article argues that if we assess these conditions as modes of unfreedom then we must utilize an account of freedom that diverges significantly from those dominant notions. A sketch of this alternative, positive, conception of freedom is then offered.
3
Besedina, Olga. "Challenging Conditions of Labour Contract in Bankruptcy." Law. Journal of the Higher School of Economics, no. 1 (March 10, 2016): 72–80. http://dx.doi.org/10.17323/2072-8166.2016.1.72.80.
Повний текст джерела
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Goodall, Heather. "Contract gangs: race, gender and vulnerability." Cosmopolitan Civil Societies: An Interdisciplinary Journal 7, no. 3 (December 1, 2015): 23–36. http://dx.doi.org/10.5130/ccs.v7i3.4509.
Повний текст джерелаАнотація:
While violence directed at Indian students in Australian cities has been highlighted in the Indian and Australian press, far less attention has been paid to the violence directed at Indians in rural areas. This has most often involved Indians employed in contract labour in seasonal industries like fruit or vegetable picking. This article reviews various media accounts, both urban and rural, of violence directed at Indians from 2009 to 2012. It draws attention to the far longer history of labour exploitation which has taken place in rural and urban Australia in contract labour conditions and the particular invisibility of rural settings for such violence. Racial minorities, like Aboriginal and Chinese workers, and women in agriculture and domestic work, have seldom had adequate power to respond industrially or politically. This means that in the past, these groups been particularly vulnerable to such structural exploitation. The paper concludes by calling for greater attention not only to the particular vulnerability of Indians in rural settings but to the wider presence of racialised and gendered exploitation enabled by contract labour structures.
5
Bäckman, Maria. "The Contract-labour Photographs of Gunnar Lundh. A Media History Study of a Photo Archive in Motion." Culture Unbound 12, no. 1 (May 31, 2020): 36–64. http://dx.doi.org/10.3384/cu.2000.1525.2020v12a04.
Повний текст джерелаАнотація:
The focus of this article is the work of photographer Gunnar Lundh, specifically the works collectively known as the statare photographs, images of rural contract labourers (or statare) that form part of a collection donated to the Nordic Museum in 1961. An overview of how these photographs have circulated in the Swedish public sphere indicates that three areas are particularly suitable for a targeted study of their use and reuse: i) social reportage, aimed at the miserable conditions facing these agricultural labourers in the emerging welfare state; ii) a biographical theme, in which the contract-labour photographs are part of a historical layer that repeatedly connects the author and opinion former Ivar Lo-Johansson with the ‘contract-labour photographer’ Lundh; and iii) how the older images remain a relevant element of a contemporary material cultural-heritage creation. In all of these examples, Lundh’s contract-labour photographs function as visual models through which it becomes possible to represent the contract labourers’ historical reality in books, buildings and interiors. However, they also constitute important components in the creation and perpetuation of what this article highlights as a distinctive set of intra-referential memory.
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Остапенко, Ю. О. "EXPANSION OF REGULATORY POSSIBILITIES FOR THE IMPLEMENTATION OF LABOR RIGHTS BY HOMELANDS." Juridical science, no. 3(105) (March 30, 2020): 482–87. http://dx.doi.org/10.32844/2222-5374-2020-105-3.59.
Повний текст джерелаАнотація:
The article focuses on determining the prospects of expanding regulatory opportunities for homeworkers’ labour rights implementation in Ukraine. While analyzing critically the current labour legislation and drafts of laws on labour, we can conclude that most of norms, which regulate home-based work, are of the declarative character as they do not contain any mechanism of implementing standards and rules established by this act. The author proposes to supplement the current Labour Code of Ukraine by the specific Chapter “Atypical Employment”, which would include the Article “House-based Work and Homeworkers”. In this article it is advisable: to formulate a definition of the “house-based work” concept; to reinforce the warning about extending the labor rights of typical employees to homeworkers; to determine the role of an employment contract on home work in the emergence of labor relations with a homeworker; to outline the essential terms of an employment contract for house-based work; to determine what conditions of an employment contract for for house-based work may be additional; to resolve the issue of organizing the work process of the homeworker and checking the conformity of the living conditions of citizens who have expressed a desire to work at home; to settle the issues of use and depreciation of tools and means of the homeworker’s labor. Conclusions generalize the results of the research.
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Florczak, Izabela. "Umowa o pomocy przy zbiorach — nowa podstawa prawna zatrudnienia." Przegląd Prawa i Administracji 117 (December 20, 2019): 21–28. http://dx.doi.org/10.19195/0137-1134.117.2.
Повний текст джерелаАнотація:
THE HARVEST HELP CONTRACT — A NEW LEGAL BASIS OF EMPLOYMENTThe labour market policy that has been developed in previous years seems to promote employment based on the labour law relationship over civil law employment. The exact opposite direction is set out by the introduction of the harvest help contract. The rationality of its introduction into the legal system is explained by economic reasons — the need to help farmers with jobs which are characterized by increased seasonal intensity. Therefore, it is important to discuss the scope of its application both in terms of subject and object matter and the conditions under which farmers’ helpers should provide their work. Their differentiation of the working conditions in comparison to other employed persons should be rationally justified by axiological reasons.
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Glotova, Irina A. "EVALUATION OF THE STABILITY’S FACTORS OF LABOR RELATIONS IN THE CONDITIONS OF THE DIGITAL ECONOMY AT THE CONTEXT OF FIXED-TERM EMPLOYMENT CONTRACTS IN RUSSIA AND ABROAD." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 39 (2021): 149–58. http://dx.doi.org/10.17223/22253513/39/12.
Повний текст джерелаАнотація:
Temporary employment is defined in the scientific literature as atypical for the sphere of wage labour and even as an element of precarious employment. Today, fixed-term labour contracts are seen as a mechanism for labour market actors to respond to any shocks in the economy, a way of flexibly regulating the number of employees and reducing "dead" costs for employers. Russian labour law prohibits the conclusion of fixed-term employment contracts for the purpose of avoiding the rights and guarantees provided for workers with whom an indefinite-term employment contract is concluded. But extensive court practice in challenging dismissal due to the expiry of the term of the employment contract shows that a significant proportion of employers conclude fixed-term employment contracts in violation of the requirements of the Labour Code of the Russian Federation, in order to avoid providing labour rights and guarantees to employees. These vio-lations mainly include repeated conclusion of fixed-term contracts for a short period to per-form the same work function, "imposition" of a condition on the fixed-term nature of the con-tract in the absence of the employee's will, in situations where the law requires an agreement of the parties to the employment contract for the conclusion of a fixed-term contract. In the modern economic environment, a form of short-term employment called casual work has developed, which is most often recognised in the literature as informal, precarious employment. Despite this, casual work has become widespread in developed countries, and particularly in jobs related to the on-demand economy, with the use of digital platforms. The negative aspect of the wide use of fixed-term employment contracts in the EU is reflected in the persistent entrenchment of temporary workers in the labour market, whose growth can be restrained only with the assistance of the state. Thus, the analysis of the practice of flexible forms of employment in foreign countries shows that short-term contracts are now widely integrated into the global labour market, which is confirmed by the statistical data on the growth of fixed-term contracts in most coun-tries. This process can hardly be stopped, but, based on the experience of EU countries, it seems possible at least to find a way to adapt to this situation by balancing the rights and interests of workers, employers and the state in such relations and preventing the transfor-mation of fixed-term employment relations into precarious ones.
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Shrimali, Ritika. "Accumulation by Dispossession or Accumulation without Dispossession: The Case of Contract Farming in India." Human Geography 9, no. 3 (November 2016): 77–88. http://dx.doi.org/10.1177/194277861600900306.
Повний текст джерелаАнотація:
According to David Harvey, Accumulation by Dispossession (ABD) has become the dominant form of accumulation under the mantra of neoliberalism backed by the State policies, whether in developed or in developing economies. Using empirical evidence on contract farming in India, I argue that capitalist accumulation can indeed occur without dispossession. I show how a class of petty capitalist farmers (petty, in comparison to corporate capital) is encouraged to maintain its private property (land) and to enter into commercial contracts with big industrial (multinational) companies to deliver certain farm products at a pre-determined price. These companies have no intention to dispossess the farmers, and they do not have to. As a structure of multiple class actors (big business; capitalist farmers; rural labour), contract farming is a process that represents centralisation (and concentration) of capital and points to the ways in which agrarian and industrial capitals are intertwined. Contract farming as a form of accumulation is based on appalling working conditions of labour, including vulnerable women workers and migrants, on contract farms, and it exhibits much geographical variation in its occurrence.
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Botes, Anri. "The History of Labour Hire in Namibia: A Lesson for South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (April 26, 2017): 505. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2320.
Повний текст джерелаАнотація:
Labour hire, the practice of hiring out employees to clients by a labour broker, has been a part of Namibia’s history since the early 1900s in the form of the contract labour system. This form of employment was characterized by inhumanity and unfair labour practices. These employees were subjected to harsh working conditions, inhumane living conditions and influx control. The contract labour system continued until 1977, when it was abolished by the General Law Amendment Proclamation of 1977. It was during the 1990s that the hiring out of employees returned in the form of labour hire. It continued in this form without being regulated until it was banned in the Namibian Labour Act of 2007. In 2009 Africa Personnel Services, Namibia’s largest labour broker, brought a case before the court against the Namibian Government in an attempt to have the ban nullified on grounds of unconstitutionality. It argued that the ban infringed on its right to carry on any trade or business of its choice as contained in section 21(1)(j) of the Constitution of the Republic of Namibia. APS triumphed. It was not until April 2012 that new legislation was promulgated in order to officially lift the ban and to regulate labour hire in its current form. This new legislation came into force in August 2012. Various very important provisions are contained in the Labour Amendment Act 2 of 2012 concerning labour brokers. Part IV of the Employment Services Act 8 of 2011, containing provisions for the regulation of labour brokers as juristic persons per se, was also introduced and came into force in September 2012. The aim of this note is to serve as a lesson to the South African government as to what could happen if labour brokers continue without legislation properly addressing the pitfalls associated with labour brokers. Also, it could serve as an example as to how the employees of a labour broker should be protected. In this regard the history of labour hire and the current strides in Namibia cannot be ignored.
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Senčur Peček, Darja, Sandra Laleta, and Karla Kotulovski. "Ugovorni odnosi u vezi s privremenim agencijskim radom." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 40, no. 3 (2020): 1101–27. http://dx.doi.org/10.30925/zpfsr.40.3.6.
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This article analyses the contractual relationships concerning temporary agency work: specificities of the employment contract between the agency (as an employer) and worker; contractual relationship between agency and the user undertaking and the factual relationship between the user and agency workers. Concerning the employment relationship between the agency and worker, the analysis focuses on the fact that only legal subject that fulfils specific conditions can operate as an agency; further, on the duration of the employment relationship, the workplace, rights and the termination of the employment relationship. Despite the fact that the agency and the user conclude the commercial contract, those contractual parties are limited by the labour law rules that are the object of the analysis in this article. Thirdly, the article deals with the relationship between the agency worker and user, that is not formalized by the conclusion of the contract, but regulated by the labour legislation, that prescribes the workers’ rights and its impact on the user’s stable workers’ rights. The authors analyse the mentioned contractual relationships as regulated in Croatian and Slovenian labour law, as well as by EU law, giving the examples of good practice used in some European countries.
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Stanziani, Alessandro. "Introduction: Labour Institutions in a Global Perspective, from the Seventeenth to the Twentieth Century." International Review of Social History 54, no. 3 (December 2009): 351–58. http://dx.doi.org/10.1017/s0020859009990290.
Повний текст джерелаАнотація:
SummaryComparative analyses of labour often assume a dividing line between free and forced labour which is universally applicable. The contributions to this special theme argue that the tensions between “freedom” and “unfreedom” may be identified more precisely as those between multiple notions and practices of contract, status, and social conditions. Free and unfree labour on the one hand, status and contract on the other, are historically determined categories. This introduction argues that those histories do not run in parallel but are strictly intersected. From that point of view, social and economic inequalities are mutually linked to legal entitlements; a modification in legal entitlements strongly influences the economic and social equilibrium, and vice versa. Underlying this conclusion is a perspective that is resolutely non-Eurocentric and global. We do not endeavour to find the “missing” freedom of contract in the “periphery”, nor do we consider the “cultural” and economic domination of “the West” as a starting point. We stress instead the mutual connection between “peripheries” and “core” categories and practices. Such a bilateral circulation of ideas and practices contrasts with the argument according to which “the West” invented “freedom” and coercion as well.
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Gajderowicz, Tomasz. "Valuation of employment decision criteria." International Journal of Manpower 39, no. 3 (June 4, 2018): 398–413. http://dx.doi.org/10.1108/ijm-09-2016-0165.
Повний текст джерелаАнотація:
Purpose The purpose of this paper is to expand our understanding of the decisions on labour supply, with particular attention given to the role of conditions of a contract between an employer and an employee. In the paper the value, from the employee’s perspective, of different characteristics of an employment contract are assessed. Design/methodology/approach Discrete choice experiment methodology is applied to evaluate employment attributes. Using data from a dedicated survey of students and graduates of social sciences in Poland, parameters of the employment-related utility function are estimated with a multinomial logit model and random parameter logistic regression. Due to the opt-out alternative in the design, reservation wages for different types of contracts are calculated. Findings The paper suggests that development conditions and psychological aspects of work are extremely important for employees’ decisions and their reservation wages. Research limitations/implications Due to limitations related to data generation process, generalisation of the results to the whole population is not possible. Practical implications The results of the study may help to develop tools of contract optimisation and remuneration systems. Such tools might lead to improvements in the efficiency of contracts in the labour market by simultaneously reducing employment costs and increasing workers’ utility. Originality/value The analysis of preferences and reservation wages contributes to our understanding of the observed wage differentials. It also helps to understand some apparent paradoxes of the labour supply behaviour, which are impossible to explain within the traditional approach to wage modelling.
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Carney, Judith, and Michael Watts. "Manufacturing dissent: work, gender and the politics of meaning in a peasant society." Africa 60, no. 2 (April 1990): 207–41. http://dx.doi.org/10.2307/1160333.
Повний текст джерелаАнотація:
Introduction: The Manufacturing of DissentThis article addresses the changing nature of farm work in a peasant society in The Gambia, West Africa. The practice of farm labour has been transformed in the most palpable way by the advent of radically new technical and social relations of production associated with mechanised double-cropping of irrigated rice. Technical change, agricultural intensification and a new labour process are, however, all built upon the bedrock of household production, since peasant growers are socially integrated into the new scheme as contract farmers, specifically as contracted sharecroppers. Family labour continues to be the dominant social form in which labour power is mobilised, but under conditions directly determined and shaped by the contractors, namely project management. Irrigated double-cropping of rice production is particularly labour-demanding and makes expanded claims on customary structures of domestic labour recruitment. These new economic practices subject the culturally dominant representations of work, labour obligations and property rights—the constituents of custom and tradition— to the test of social practice. In our examination of Mandinka rice growers we suggest, following T. J. Clark, that ‘society is a battlefield of representations on which the limits and coherence of any given set are being fought for and regularly spoilt’ (Clark, 1984: 6). The introduction of a new production regime has converted rural Mandinka society into a contested social terrain; the primary struggle is a contest over gender and the conjugal contract in which property, or more accurately constellations of property rights, is at stake. By seeing economic life as, among other things, a realm of representations, we argue that the struggles over meaning and the manufacture of symbolic and material dissent in central Gambia—a proliferation of intrahousehold conflicts, juridical battles over divorce in the local courts, renegotiations of the conjugal contract—are the idioms of what Burawoy (1985) calls production politics.
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Sydorenko, Anna, and Olena Melnyk. "Peculiarities of differentiation of legal regulation of pharmaceutical workers’ labour." SHS Web of Conferences 68 (2019): 01025. http://dx.doi.org/10.1051/shsconf/20196801025.
Повний текст джерелаАнотація:
The paper deals with peculiarities of legal regulation of pharmaceutical workers’ labour. Exercising the right to work is determined and analyzed. The authors prove that differentiation originates from special legislation. They determine what globalization is in the modern society. The paper analyzes the differentiation of pharmaceutical workers’ labour through the prism of such objective reasons as industry affiliation, working conditions, the nature of labour relations between an employee and an employer, and their content is determined. The study draws attention to the fact that industry affiliation is characterized by the importance of the industry for society and the degree of provision of public health institutions with highly skilled specialists, as well as the production process. The paper determines that working conditions are specific for each industry and workplace. It is proved that pharmaceutical workers have harmful and dangerous working conditions. Working conditions have to satisfy the requirements to the fulfilment of labour duties without life and health hazard. It is analyzed that the nature of labour relations between an employee and an employer are determined by the nature of labour and employment contract term. It is proved that the differentiation of pharmaceutical workers’ labour is expressed through special rules, which allows them to exercise their rights and obligations and to enjoy certain guarantees.
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Jaworska, Katarzyna. "Zatrudnienie w spółdzielni socjalnej." Przegląd Prawa i Administracji 117 (December 20, 2019): 29–36. http://dx.doi.org/10.19195/0137-1134.117.3.
Повний текст джерелаАнотація:
EMPLOYMENT IN A SOCIAL COOPERATIVEA social cooperative is a rather specific entity operating on the labour market. Its principal task is the social and professional reintegration of its members rather than gainful activity. The legislator has curtailed the group of people who can be founders and later members of the cooperative. At the same time, members must remain legally bound to the cooperative. The preferred basis for employment is a cooperative contract of employment, but it is permissible to entrust work on the basis of a civil-law contract under certain conditions. This raises the problem of the actual possibility of achieving the objectives of a social cooperative and the composition of its bodies in respect of activities performed under the labour law. The issues indicated above encourage reflection on employment in a social cooperative.
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Olsen, Karen M. "The Role of Nonstandard Workers in Client-Organizations." Articles 61, no. 1 (October 18, 2006): 93–117. http://dx.doi.org/10.7202/013722ar.
Повний текст джерелаАнотація:
This paper examines the diversity and complexities of nonstandard work. Two types of nonstandard workers are studied: workers employed by temporary help agencies (THAs) and contract company workers, both of which are involved in a triadic employment relationship. The analyses are based on interviews with managers in three service-sector companies in Norway. The paper discusses the dilemmas managers in client-organizations face when agency temporaries and contract company workers are integrated and do work similar to what is done by the regular workers in the firm. Managers in client-organizations require loyalty from nonstandard workers, and under certain conditions, nonstandard workers are able to form pressure groups. The findings are discussed in relation to the highly regulated labour market in Norway, in a period of labour shortage.
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Więckowska, Wioleta, and Marek Jasion. "Serious Violation of Workers’ Rights in a Situation when Employees Refrain from Work due to Employer’s Failure to Provide Safe and Hygienic Working Conditions." ASEJ Scientific Journal of Bielsko-Biala School of Finance and Law 23, no. 1 (April 30, 2019): 48–53. http://dx.doi.org/10.5604/01.3001.0013.2652.
Повний текст джерелаАнотація:
The paper examines a situation in which an employee is entitled to terminate the contract of employment without prior notice. The case under examination occurs when the employer commits a serious violation of workers’ rights by failing to provide safe and hygienic working conditions. The paper also presents topic related controversies that have arisen in the doctrine and judicature and tries to establish at which point one may speak of a breach of fundamental labour rights and on the basis of which regulations the employer may be held liable. The authors also try to determine whether certain situations could constitute a basis for termination of the employment contract by the employee, at the same time giving rise to the right to claim damages from the employer. Other issues touched upon in the paper include the absence of a catalogue of infringements in the Polish Labour Code and the way of assessing the weight of various infringements.
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Potter, Pitman B., and Li Jianyong. "Regulating Labour Relations in China : The Challenge of Adapting to the Socialist Market Economy." Les Cahiers de droit 37, no. 3 (April 12, 2005): 753–75. http://dx.doi.org/10.7202/043407ar.
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This paper examines the new Labour Law of the PRC, effective January 1, 1995, in the light of current and historical conditions of labour relations in China. Provisions regarding the labour contract system and dispute resolution are discussed in greater detail. Issues related to the introduction of collective bargaining and to the relationship between trade unions and the Communist Party are also examined. In their overall assessment, the authors recognize the potential significance of the Labour Law as a major step towards the legal protection of workers' rights, but point out that its effectiveness could be undermined by the preeminent policy of economic growth, by concerns about political control, and by obstacles to full implementation.
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Niquidet, Kurt, Harry Nelson, and Ilan Vertinsky. "Pricing the social contract in the British Columbian forest sector." Canadian Journal of Forest Research 37, no. 11 (November 2007): 2250–59. http://dx.doi.org/10.1139/x07-072.
Повний текст джерелаАнотація:
In this paper, we investigate the impact of various socioeconomic conditions on the value of timber tenures in the province of British Columbia. Two timber tenure models were created, one for short-term timber sale licenses and the other for longer term forest licenses. The short-term model revealed that timber sales that were awarded according to a combination of employment, revenue, and manufacturing criteria yielded $8.63/m3 less revenue than timber sales awarded based on revenue alone. Similarly, the long-term model indicates that manufacturing and employment conditions significantly reduce the bid on forest licenses. In both instances, we suggest that such conditions distort the use of timber, labour, and capital. Therefore, we conclude that recent forest policy changes in the province that removed several of these conditions greatly improved economic efficiency. Nevertheless, distribution impacts are likely to be important because resource rents have potentially been redistributed away from rural communities to the provincial government.
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Nadeau, Kathleen. "A maid in servitude: Filipino domestic workers in the Middle East." MIGRATION LETTERS 4, no. 1 (January 28, 2014): 15–27. http://dx.doi.org/10.33182/ml.v4i1.207.
Повний текст джерелаАнотація:
This paper presents Filipino economic history as a way to provide a brief background to the events that precipitated one Filipino woman’s migration to the Middle East. Her story is not rare but shares in common patterns with the stories of many other female contract workers, especially domestic workers. It chronicles government policies and business practices that profit from their remittances. It is being retold here so that the invisible world of female contract workers and, more often than not, the poor conditions under which they live and labour, might be better understood.
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Lindemann, Kristina, and Markus Gangl. "Parental Unemployment and the Transition to Vocational Training in Germany: Interaction of Household and Regional Sources of Disadvantage." European Sociological Review 35, no. 5 (June 5, 2019): 684–700. http://dx.doi.org/10.1093/esr/jcz027.
Повний текст джерелаАнотація:
AbstractWe examine the impact of parental unemployment and regional labour market conditions on the probability of a successful transition from non-academic secondary schooling to vocational training in Germany, using data from the National Educational Panel Study and multilevel logistic regression models. Although widely regarded as a low-cost, low-risk and high-gain vocational path, we nevertheless find a clear negative effect of parental unemployment on adolescents’ chances of entering an apprenticeship contract. We test for poorer school performance, reduced household income, reduced self-esteem and limited access to labour market information as potential mediators of the effect, and only find support for some limited impact of economic deprivation. However, we also show that in families where one parent has experienced unemployment shortly before the child’s own transition from secondary schooling, students’ chances of a successful transition depend much more strongly on regional labour market conditions than in families without parental experiences of unemployment. Even in a regulated transition system like Germany’s, adverse labour market conditions thus reinforce the intergenerational disadvantages induced by parental unemployment.
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Widiastiani, Nindry Sulistya. "KEKUASAAN DISKRESI HAKIM PENGADILAN HUBUNGAN INDUSTRIAL." Veritas et Justitia 7, no. 1 (June 28, 2021): 31–55. http://dx.doi.org/10.25123/vej.v7i1.3843.
Повний текст джерелаАнотація:
In this article the author discusses the discretionary powers granted to Labour Dispute Court judges. Better known, in comparison, are the discretionary powers of criminal court judges in determining penal sanctions or of Islamic court judges when granting dispensation to marry for underage couples. Using a juridical normative method, the discussion focusses on the principles underlying the Labour Dispute Court judge’ discretionary powers and its implementation. The analysis shows that Labour Dispute Court judges do have and enjoy discretionary powers in determining betterment of working conditions, how to best fill gaps or seek clarity in the face of ambiguous rules and regulations found in work contract, company regulations or collective work agreement.
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Simutina, Yana. "Current Challenges of the Labour Law of Ukraine: On the Way to European Integration." Juridica International 27 (September 30, 2018): 88–93. http://dx.doi.org/10.12697/ji.2018.27.09.
Повний текст джерелаАнотація:
The article describes the main challenges facing labour law and its practice in modern conditions. In particular, the author concludes that the long and complex process of codifying the labour laws of Ukraine has, regrettably, not yet achieved its main objective – namely, to bring radical change from the old model of socialist labour. The draft Labor Code submitted for consideration would, in reality, introduces some cosmetic changes, which lack the ability to modernise Ukrainian labour law. It is emphasised that in the context of Ukraine’s European integration and the rapid development of innovative information technology, labour legislation should take into account and, in fact, legalise long-standing practices in atypical employment relationships, so as to ensure labour rights and guarantees for persons involved in such activities. The author presents various elements as necessary: revision to the legislative definition of an employment contract, further differentiation and clarification in the legal regulation of labour relations, and rejection of these relations’ ‘excessive regulation’. Also proposed is an approach that renders labour relations more flexible while maintaining and ensuring the fundamental rights of employees.
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Collinson, Jacquelyn Allen. "Working at a Marginal ‘Career’: The Case of UK Social Science Contract Researchers." Sociological Review 51, no. 3 (August 2003): 405–22. http://dx.doi.org/10.1111/1467-954x.00427.
Повний текст джерелаАнотація:
Contract researchers constitute a significant occupational group within the UK higher education system, and the products of their labour are crucial to the research profile of the institutions in which they work and to the sector as a whole. Given the ‘marginality’ of the contract researcher role, with its attendant insecurities and inferior employment conditions in comparison with ‘permanent’ faculty, it is perhaps not surprising that relatively few individuals manage to sustain any continuity of employment resembling a career path. The fact that some researchers do succeed in achieving this is therefore worthy of investigation. This paper examines and charts some of the ways in which contract researchers manage their everyday work routines and construct a presentation of self in order to maximise opportunities for ‘staying in the game’.
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Zhao, Nan, Minghu Wu, Wei Xiong, and Cong Liu. "Optimal Contract Design for Cooperative Relay Incentive Mechanism under Moral Hazard." Journal of Electrical and Computer Engineering 2015 (2015): 1–7. http://dx.doi.org/10.1155/2015/690807.
Повний текст джерелаАнотація:
Cooperative relay can effectively improve spectrum efficiency by exploiting the spatial diversity in the wireless networks. However, wireless nodes may acquire different network information with various users’ location and mobility, channels’ conditions, and other factors, which results in asymmetric information between the source and the relay nodes (RNs). In this paper, the relay incentive mechanism between relay nodes and the source is investigated under the asymmetric information. By modelling multiuser cooperative relay as a labour market, a contract model with moral hazard for relay incentive is proposed. To effectively incentivize the potential RNs to participate in cooperative relay, the optimization problems are formulated to maximize the source’s utility while meeting the feasible conditions under both symmetric and asymmetric information scenarios. Numerical simulation results demonstrate the effectiveness of the proposed contract design scheme for cooperative relay.
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Bubilaitytė, Beata. "Terminuotų darbo sutarčių teisinio reguliavimo ypatumai pagal Lietuvos teisę." Teisė 69 (January 1, 2008): 132–37. http://dx.doi.org/10.15388/teise.2008.0.318.
Повний текст джерелаАнотація:
The purpose of this paper is to explore and to analyse peculiarities of Lithuanian legal regulation of fixed-term employment agreement. Peculiarities are divided into four groups: peculiarities of concept of fixed-term employment agreement, peculiarities of conclusion, performance and expiry of fixed-term employment agreement. Specific essential conditions for conclusion of a fixed-term employment contract are: the term of an employment contract (if the parties to the contract have used both methods to define the term, one of them must be chosen as a prevailing one) and the circumstance that legal acts must allow to conclude it at all. The performance of a fixed-term employment contract according to Lithuanian labour law is not that specific compared to the performance of other employment contracts. Peculiarities of the expiry of fixed-term employment contract are: firstly, only the will to terminate fixed-term employment contract does end the employment contract at all. Otherwise, the expiry of the term of an employment contract will end only the fixed-term employment contract but not the employment contract itself. Secondly, the law does not make it clear, whether restrictions on the termination of an employment contract must be applicable to fixed-term employment agreements. Lithuanian legal doctrine does believe that they should, but Lithuanian Supreme Court says that they should not.
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Viennikova, V. V., and I. V. Kolosov. "Labour Law Reforming at Qatar: comparative research." Problems of Legality, no. 155 (December 20, 2021): 76–88. http://dx.doi.org/10.21564/2414-990x.155.231916.
Повний текст джерелаАнотація:
Paper proposed highlights the experience of Qatar's labor law reform, its features, peculiarities of the countries of the Muslim Legal family taking into account. Mainly directions of aforesaid reform and structural improvements in the legal regulation of Labor Relations in comparison with the pre-reform period are determined. A comparative study with the relevant directions of industry reform in Ukraine was conducted. Similar and distinctive features, advantages and disadvantages of both systems are analyzed. Conclusions about the possibility of borrowing positive foreign experience into the domestic labor and legal reality were showed. Studying of Labor Relations legal regulation experience in the Middle East on the example of Qatar permit to encourage colleagues to put out a scientific discussion about such types of employment contract as educational and service ones, its core conditions, consider the proposals of the trade union movement within the framework of joint committees, outline the problems of sponsorship law and repatriation in connection with subject of Labor Law, discuss problems and apply positive experience in regulating the work of home-based workers, consider the possibility of introducing the institute of anonymous complaints in labor law, pay attention to the experience of creation a labor justice system. Special attention should be paid to a physical attack on the employer or direct supervisor as reasons for termination of the employment contract at the initiative of the employer. Simultaneously, Domestic system of labor law, although it is distinguished by more long-timed traditions of statutory guarantees in field of Labor and Social Security Law, is not without the need to borrow foreign experience in order to update it for the needs of modern social development, which should be devoted to furthermore comparative legal researches.
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Hassan, Abid, Md Iftekhar Ali, Rifat Ahammed, Mohammad Monirujjaman Khan, Nawal Alsufyani, and Abdulmajeed Alsufyani. "Secured Insurance Framework Using Blockchain and Smart Contract." Scientific Programming 2021 (November 24, 2021): 1–11. http://dx.doi.org/10.1155/2021/6787406.
Повний текст джерелаАнотація:
Traditional insurance policy settlement is a manual process that is never hassle-free. There are many issues, such as hidden conditions from the insurer or fraud claims by the insured, making the settlement process rough. This process also consumes a significant amount of time that makes the process very inefficient. This whole scenario can be disrupted by the implementation of blockchain and smart contracts in insurance. Blockchain and innovative contract technology can provide immutable data storage, security, transparency, authenticity, and security while any transaction process is triggered. With the implementation of blockchain, the whole insurance process, from authentication to claim settlement, can be done with more transparency and security. A blockchain is a virtual chain of data blocks that is a decentralized technology. Any transaction or change in the blocks is done after the decentralized validator entity, not a single person. The smart contract is a unique facility stored on the blockchain that gets executed when the predetermined conditions are met. This paper presents a framework where smart contracts are used for insurance contracts and stored on blockchain. In the case of a claim, if all the predetermined conditions are met, the transaction happens; otherwise, it is discarded. The conditions are immutable. That means there is scope for alteration from either side. This blockchain and intelligent contract-based framework are hosted on a private Ethereum network. The Solidity programming language is used to create smart contracts. The framework uses the Proof of Authority (PoA) consensus algorithm to validate the transactions. In the case of any faulty transaction request, the consensus algorithm acts according to and cancels the claim. With blockchain and smart contract implementation, this framework can solve all the trust and security issues that rely on a standard insurance policy.
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Pohorielova, O. "INTERNATIONAL STANDARDS FOR THE REGULATION OF DOMESTIC LABOUR." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 110 (2019): 25–29. http://dx.doi.org/10.17721/1728-2195/2019/3.110-5.
Повний текст джерелаАнотація:
The article deals with the basic international standards in the field of domestic workers. The author defines the concept of domestic workers and distinguishes it from such concepts as "freelancing", "domestic work", "remote employment". The characteristics of domestic workers are given. The article also identifies the main problems faced by domestic workers in carrying out their work and analyzes the basic guarantees for the protection of domestic workers' labor rights: prohibition of child labor, prohibition of forced labor, proper living conditions, in the case of residence in the employer's household, guaranteeing the right to rest, providing rest time, providing proper working conditions. The author stipulates the necessity to form a written employment contract and the relevant conditions. The role of private employment agencies in the employment of domestic workers and the need for legislative regulation of their activities are identified. The author also indicates the necessity to inspect working and living conditions of domestic workers. The purpose of the article is to examine key labor standards for domestic workers' activity and to make suggestions for the improvement of national legislation. The article stipulates the need for full ratification of the Convention on Decent Work of Domestic Workers No.189 in order to strengthen the guarantees for the observance of such workers' labor rights. The author proposes to implement certain norms into the labor legislation for the proper regulation of domestic workers' labor activity to ensure a proper level of respect for the rights of domestic workers.
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Sandoval, Marisol. "Foxconned Labour as the Dark Side of the Information Age: Working Conditions at Apple’s Contract Manufacturers in China." tripleC: Communication, Capitalism & Critique. Open Access Journal for a Global Sustainable Information Society 11, no. 2 (July 25, 2013): 318–47. http://dx.doi.org/10.31269/triplec.v11i2.481.
Повний текст джерелаАнотація:
Apple is one of the most dominant and most admired computer companies in the world. But hidden behind the clean surface of Apple’s advanced gadgets lies a dirty world of work. This paper focuses on the dark side of the information age by looking at working conditions in the workshops of Apple’s contract manufacturers in China. For this purpose I suggest a systematic model of working conditions that can be used for assessing and comparing work in different industries. Departing from Karl Marx’s circuit of capital it identifies elements that shape working conditions throughout the capital accumulation process including productive forces, relations of production, the production process, products, and labour legislation. Subsequently I apply this model to the realm of electronics manufacturing. Based on research conducted by corporate watchdogs this paper provides detailed insights into the work and life reality of workers in Apple’s first tier supplier factories. An analysis of Apple’s response to labour rights allegations furthermore reveals three ideological patterns that rather obscure existing problems than offering viable solutions.
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Sandoval, Marisol. "Foxconned Labour as the Dark Side of the Information Age: Working Conditions at Apple’s Contract Manufacturers in China." tripleC: Communication, Capitalism & Critique. Open Access Journal for a Global Sustainable Information Society 11, no. 2 (July 25, 2013): 318–47. http://dx.doi.org/10.31269/vol11iss2pp318-347.
Повний текст джерелаАнотація:
Apple is one of the most dominant and most admired computer companies in the world. But hidden behind the clean surface of Apple’s advanced gadgets lies a dirty world of work. This paper focuses on the dark side of the information age by looking at working conditions in the workshops of Apple’s contract manufacturers in China. For this purpose I suggest a systematic model of working conditions that can be used for assessing and comparing work in different industries. Departing from Karl Marx’s circuit of capital it identifies elements that shape working conditions throughout the capital accumulation process including productive forces, relations of production, the production process, products, and labour legislation. Subsequently I apply this model to the realm of electronics manufacturing. Based on research conducted by corporate watchdogs this paper provides detailed insights into the work and life reality of workers in Apple’s first tier supplier factories. An analysis of Apple’s response to labour rights allegations furthermore reveals three ideological patterns that rather obscure existing problems than offering viable solutions.
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Suárez Corujo, Borja. "The sharing economy: the emerging debate in Spain." Spanish Labour Law and Employment Relations Journal 6, no. 1-2 (November 6, 2017): 30. http://dx.doi.org/10.20318/sllerj.2017.3923.
Повний текст джерелаАнотація:
Abstract: Focusing attention on work-on-demand via apps, this article deals with the consequences of the slow emergence of the so-called sharing economy in Spain. As far as the labour field is concerned, it examines the advantages and risks that this new type of service provision (work?) entails and how Spanish law treats it as a previous step to reflect on the ability of the (labour) current regulation to secure ‘collaborators’ decent working conditions. By extension, it also analyzes the impact that thesedeveloping activities could have on the Social Security system, in terms of protection (or lack of it) and financial condition.Keywords: sharing economy, employee, employmen contract, social security.
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Piñeiro, Laura Carballo. "Port State Jurisdiction over Labour Conditions: A Private International Law Perspective on Extra-territoriality." International Journal of Marine and Coastal Law 31, no. 3 (September 5, 2016): 531–51. http://dx.doi.org/10.1163/15718085-12341407.
Повний текст джерелаАнотація:
Whereas flag states are primarily responsible for living and labour conditions on board ships flying their flag, port state jurisdiction on board foreign-flagged ships is still uncertain from both a public and a private international law perspective. This paper focuses on the latter, to ascertain in which cases port state courts and domestic employment legislation decide on maritime employment contract matters. This may help to establish to what extent the extra-territorial exercise of port state jurisdiction is reasonable: adjudicatory jurisdiction and conflict-of-laws rules are construed on the basis of the proximity principle and thus strive to point out the state with the strongest link to the case at stake. However, the establishment of the port state legal system as the closest one to maritime employment usually amounts to setting the flag state aside, meaning that the subsidiarity principle takes over in determining the extra-territorial application of port state jurisdiction.
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Ширинкина, Елена, and Elena Shirinkina. "Organization of Labour Remuneration According to the Effective Contract of Scientific and Pedagogical Workers." Management of the Personnel and Intellectual Resources in Russia 7, no. 4 (September 25, 2018): 22–25. http://dx.doi.org/10.12737/article_5b8d0383285f41.76189482.
Повний текст джерелаАнотація:
The relevance of the study is conditioned by the fact that the highly effective organization of labor remuneration in the system of higher education is the main instrument of the activity of the educational institution, which assumes the creation of normal conditions for scientifi c and pedagogical workers as an important link in the system of higher education. At present, the basis of the concept of personnel management of a higher educational institution is the knowledge of the scientifi c and pedagogical worker, his motivational attitudes, the ability to form and direct them in accordance with the tasks facing the institution. Without current and subsequent analysis of labor incentives, it is impossible to solve personnel issues in educational activities. In this connection, the author discusses the reasons for the implementation of the goal of introducing an eff ective contract, the “road map” measures that should be followed in the transition to an eff ective contract, which determines the practical value of the study. It is substantiated that a large-scale introduction of an eff ective contract to all higher institutions will ensure not only the quality provision of educational services and the introduction of new educational programs, but will also allow for the systematic development of the education system and the competitive advantages of Russia in the world community. Scientific novelty is the development of an expanded approach to the effective organization of remuneration in higher education institutions, which should focus on the formation of performance indicators of scientifi c and pedagogical workers.
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Koropets, Olga, and Marina Chudinovskikh. "The Well-Being of Employees in the Conditions of Non-Guaranteed Employment in Industry 4.0." Bulletin of Baikal State University 31, no. 3 (October 22, 2021): 321–29. http://dx.doi.org/10.17150/2500-2759.2021.31(3).321-329.
Повний текст джерелаАнотація:
The article presents the results of a study conducted on the territory of the Russian Federation in 2021. 772 respondents took part in the survey: 378 women and 394 men aged 18 to 69 years, the group of economically active population — employed. The study is interdisciplinary in nature, its purpose is to identify the impact of the legal aspects on the well-being of employees in the conditions of non-guaranteed employment in Industry 4.0. Non-guaranteed forms of employment include work on a basis of the term labour contract and without registration of labor relations. The study allowed us to diagnose a high level of non-guaranteed employment, within the sample only about 70 % work on the terms of an indefinite contract. Respondents with non-guaranteed forms of employment are less satisfied with their income, professional status, and the possibility of obtaining a loan. According to the results of the study, the risks of reducing the level of social security and well-being in conditions of non-guaranteed employment were diagnosed.
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Kamphuis, Pascal, and Arie C. Glebbeek. "Job (In)Security and Workers’ Training Decisions: A Framing Approach." International Journal for Research in Vocational Education and Training 7, no. 3 (December 9, 2020): 361–87. http://dx.doi.org/10.13152/ijrvet.7.3.6.
Повний текст джерелаАнотація:
Context: In this study, we attempt to contribute to the scarce evidence about the relationship between perceived labour market insecurity and worker training investments. Drawing on existing research into framing in decision-making, we investigate whether framing the labour market as insecure increases the willingness of workers to invest in training. We also investigate whether this effect is larger when training contract terms are favourable, such as when training is done mostly in an employer’s time, or when no payback clause is included.Approach: Data are gathered through a vignette-study under a sample of senior Dutch students, with experimental manipulation of frames. Respondents are given a questionnaire in which they are asked to imagine themselves working for a fictitious firm (but presented to them as real). The security/insecurity frames are elicited by randomly stressing either the positive or negative side of a series of events related to the labour market position of people working in this firm. Respondents are then asked to respond to five vignettes, each of these a randomly generated combination of training contract terms. For each vignette, respondents are asked to state whether or not they would be willing to go along with the specified training program under the conditions outlined in that vignette. Data are analysed with multilevel logistic regression. Findings: The willingness to train is not invariably greater under an insecurity frame. Instead, we find a crucial interaction: the willingness to train is greater under an insecurity frame when training-contract terms are favourable (e.g when no payback clause is included), but smaller when training-contract terms are unfavourable. Since the positive and negative effects are approximately equal in size, in a balanced design such as ours they cancel each other out, resulting in a close to zero overall effect for the frame variable.Conclusion: Our results suggest that, when workers are aware of the insecurity in their situation, this only makes them more willing to follow training when the risk of losing their investment is low.
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Collins, Hugh. "Conformity of Goods, the Network Society, and the Ethical Consumer." European Review of Private Law 22, Issue 5 (October 1, 2014): 619–40. http://dx.doi.org/10.54648/erpl2014053.
Повний текст джерелаАнотація:
Abstract: European contract law requires goods marketed to consumers to satisfy various standards such as to be fit for the purposes for which such goods are ordinarily used and to 'possess such qualities and performance capabilities as the buyer may expect' (Art. 100(g) Common European Sales Law (CESL)). Although the law tends to focus on the qualities of the goods in themselves, my question is whether the reasonable expectations of consumers include reference to the means of production up the supply chain and an expectation that the goods will not be produced through the use of labour that is employed under conditions that violate European Union (EU) labour laws, international labour standards, and human rights law. For instance, should consumers have the expectation that the clothes we purchase are not produced through child labour, or that the mobile phones we buy are not produced under working conditions that breach basic standards such as the International Labour Organization (ILO) and EU rules on working time, or that the tomatoes we eat are not picked by labourers working under conditions of servitude contrary to Article 4 of the European Convention of Human Rights? If consumers have such expectations and EU contract law can protect them, the law may provide a vehicle for addressing some of the worst instances of labour exploitation worldwide. Résumé: Le droit européen des contrats exige à propos des produits commercialisés pour les consommateurs qu'ils répondent à différents critères, notamment être adaptés aux buts pour lesquels ils sont ordinairement utilisés et 'avoir les qualités et performances que l'acheteur est en droit d'attendre' (DCEV article 100(g)). Alors que les textes légaux tendent à se concentrer sur les qualités intrinsèques des produits, je me pose la question de savoir si les attentes raisonnables des consommateurs incluent une référence aux moyens de production en amont de la chaîne d'approvisionnement et une présomption que les biens ne sont pas produits par un travail fourni dans des conditions contraires au droit du travail de l'UE, aux règles internationales du travail et des droits de l'homme. Par exemple, les consommateurs devraient-ils présumer que les vêtements que nous achetons ne sont pas produits par le travail exécuté par des enfants ou que les téléphones portables que nous acquérons ne sont pas produits dans des conditions de travail violant des normes fondamentales telles que les règles de l'OIT et de l'UE sur la durée du travail, ou que les tomates que nous mangeons ne sont pas cueillies par des personnes travaillant dans des conditions d'esclavage contraires à l'article 4 de la Convention européenne des droits de l'homme ? Si les consommateurs ont effectivement de telles attentes et si le droit européen des contrats peut les protéger, le droit peut fournir un moyen d'agir contre quelques-uns des pires exemples d'exploitation du travail dans le monde entier.
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Figueiredo, Maria da Conceição, Fátima Suleman, and Maria do Carmo Botelho. "Workplace Abuse and Harassment: The Vulnerability of Informal and Migrant Domestic Workers in Portugal." Social Policy and Society 17, no. 1 (December 13, 2016): 65–85. http://dx.doi.org/10.1017/s1474746416000579.
Повний текст джерелаАнотація:
Policy makers and researchers are alarmed by the pervasive substandard working conditions and mistreatment in domestic work worldwide. Using an original dataset from a sample of domestic workers in Portugal (n = 684), our study explores types of abuse and harassment and tries to unveil the potential factors affecting the likelihood of having been a victim. Empirical evidence pointed to three segments of domestic workers: victims of labour abuses related to contract and wages, victims of multiple abuses including mistreatment and also psychological and sexual harassment, and a segment with no occurrence of abuse. Informal workers are more often victims of labour abuses, while migrants, especially Brazilian women, are more likely to report all types of abuse and harassment. On the other hand, carers of the elderly often suffered multiple abuses. The results suggest that despite the prevalence of labour abuses in Portugal, the most severe abuses are uncommon.
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Contreras, Beatriz Valverde, and Alexander Keese. "The Art of Running Away: Escapes and Flight Movements During the Great Depression in São Tomé e Príncipe, 1930–1936." International Review of Social History 66, no. 3 (September 28, 2021): 357–88. http://dx.doi.org/10.1017/s0020859021000456.
Повний текст джерелаАнотація:
AbstractAs a coerced labour force living under repressive conditions, contract workers in São Tomé e Príncipe's cocoa plantations belong to a wider phenomenon of global plantation experience during the nineteenth and twentieth centuries. Flight appears as an important element of that experience and this article is an attempt to interpret the strategies of runaways in São Tomé's turbulent Great Depression years after 1930. The work set out here benefitted from a large selection of unexplored sources of the island's labour inspectorate, which can be found in the archipelago itself. Its analysis has enabled interpretation of the motives of escaping workers, and with it discussion of three principal strategic contexts of flight: the experiences of runaways who formed communities; attempts by escaped workers to hide and become part of “native” (forro) communities in rural areas or in the city of São Tomé; and the agency of workers trying to run away to subsequently renegotiate their conditions with labour inspectors or with plantation administrators sympathetic to their situation. The last part of the article attempts to locate that experience in the global history of runaways, connecting it with the types of “ecosystems of running” discussed for Atlantic slavery and later indentured labour systems.
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Menegatti, Emanuele, and Tamás Gyulavári. "Who Regulates Employment? Trends in the Hierarchy of Labour Law Sources." International Journal of Comparative Labour Law and Industrial Relations 38, Issue 1 (March 1, 2022): 31–52. http://dx.doi.org/10.54648/ijcl2022002.
Повний текст джерелаАнотація:
The hierarchy of labour law sources plays an important role in shaping the employment protection afforded by national labour law. This article provides a comparative overview of the global trends in the relation between the different layers of employment regulation. To this end, it considers three cluster of countries, respectively the European coordinated market economies, the liberal market economies and the European post-socialist countries. This analysis will make it possible to identify common patterns of transformation of the hierarchy of sources, indicating the current direction of labour law. Based on the three models, we discuss the following four trends and their interactions: (1) the increasing role of legislation; (2) the decentralization and decline of collective bargaining; (3) the growing importance of individual employment contracts based on waivers; (4) the erosion of the favourability principle by means of clauses allowing less favourable terms of employment. We argue that these parallel changes may lead to a worsening of employment conditions. Sources of Labour Law, Hierarchy, Favour Principle, Statutory Mandatory Rules, Collective Bargaining Decentralisation, Freedom of Contract, Flexibilization
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Melnychuk, Olha F., Oleh A. Melnychuk, Anna S. Polishchuk, and Andrii M. Ishchuk. "Transformation Of Legal Regulation Of Labor in Ukraine In The Context Of The Experience Of Foreign Countries Under Covid-19 Conditions." ECS Transactions 107, no. 1 (April 24, 2022): 18215–26. http://dx.doi.org/10.1149/10701.18215ecst.
Повний текст джерелаАнотація:
The article examines transformation of the legal regulation of flexible working hours, home-based work and teleworking in Ukraine in the context of the experience of foreign countries during the COVID-19 pandemic. It is investigated that under quarantine conditions the application of these forms of labour organization has increased and their legislative regulation in Ukraine and foreign countries has improved. Currently, in Ukraine flexible working hours are applied not only to employees who work under an employment contract, but also to government employees. The legal regulation of home-based work and teleworking has undergone some transformations from their initial identification to the subsequent differentiation. Legislative consolidation of teleworking has led to the establishment of a new institution, namely the right to disconnect (the period of free time of the employee who works remotely). Comparative characteristics of flexible working hours, home-based work and teleworking according to the laws of Ukraine are identified. It has been found that the legalization of non-traditional forms of labour organization including flexible working hours, home-based work and teleworking under quarantine conditions has allowed maintaining the stability of labour relations, ensuring social distance of workers and reducing the morbidity level during the COVID-19 pandemic.
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Shymanska, Oksana. "Theoretical framework of optimal contracts (Nobel Prize in Economics 2016 awarded to Oliver Hart and Bengt Holmström)." Herald of Ternopil National Economic University, no. 3(89) (October 10, 2018): 126–37. http://dx.doi.org/10.35774/visnyk2018.03.126.
Повний текст джерелаАнотація:
The article considers Oliver Hart and Bengt Holmström’s contributions to the development of contract theory. The contributions are represented by studies on the nature of optimal contract in view of motivation of contract agents and factors that affect their motivation. A particular attention is placed on the practical utility of the research done by Nobel Laureates in Economic Sciences 2016 that have fostered further studies on the theory of the firm, corporate finance, management, labour economics and the public sector, political science and law. The new theoretical tools created by O. Hart and B. Holmström serve for analysis of financial terms of contracts and for the distribution of supervisiory rights, property rights and decision-making rights. It is emphasized that O. Hart and B. Holmström’s contributions to the field of contract theory present formal treatment of motivation issues, moral hazard and incomplete contracts. The role of contracts in managing future interactions and ensuring conditions for establishing high-quality institutions is recognized. It is pointed out that the contract theory reveals working mechanisms of institutions, and presents potential hazard that may arise when new contracts are being drafted. Particular attention is paid to positioning of the contract theory within the theory of economic organization and the economic theory of information that is aimed at developing models with asymmetric information and taking into account non-observable actions. Real situations, game models and contract structure with the distinction between complete and incomplete contracts are examined (based on the informativeness principle). The performance of multi-task model and career-growth model in the contract theory is outlined. The paper analyzes the impact of the contract theory on changes in approaches to analyzing corporate relationships, which were previously based on the trade-off theory that includes balancing between the reduction of tax payments and corporate debt servicing.
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Aranguiz, Ane, and Bartłomiej Bednarowicz. "Adapt or perish: Recent developments on social protection in the EU under a gig deal of pressure." European Labour Law Journal 9, no. 4 (December 2018): 329–45. http://dx.doi.org/10.1177/2031952518817569.
Повний текст джерелаАнотація:
In times of the so-called gig economy, access to an adequate level of social protection should not depend on whether or not a person is working on a standard employment contract. Access to social protection for non-standard forms of labour and self-employment is, as a matter of fact, one of the main themes being discussed at the moment within the debates surrounding the European Pillar of Social Rights. This article aims at assessing the recent initiatives at the EU level that have the objective of ensuring access to social protection for all and both granting and enforcing transparent and predictable working conditions for workers. Accordingly, this contribution first sheds some light on the discussion on non-standard forms of labour and the problematics surrounding the emergence of new forms of labour to later analyse the new EU initiatives, in particular, the proposal for a Recommendation on access to social protection for workers and the self-employed. It concludes by welcoming the recent position of the EU with regard to such challenges, yet emphasising also the need to do more.
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Mervartová, Jana. "Illegal employment." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, no. 7 (2013): 2507–14. http://dx.doi.org/10.11118/actaun201361072507.
Повний текст джерелаАнотація:
Since 2007 Labour Code contains the definition of dependent work, which can be carried out only in labour-law relations. The Amendment to Labour Code from 2012 makes the definition more precise, when it stipulates essential elements of dependent work and designates the others as conditions, under which dependent work should be carried out. The Amendment to Employment Act changes the definition of illegal work. Illegal work is a performance of dependent work by natural person except for labour-law relation, or if natural person – foreigner carries out work in conflict with issued permission to employment or without this permission. Since 2012 sanctions for illegal work were increased. Labour inspection is entitled to impose sanctions, in case of foreigners it is Customs Office. For control purposes employer is obliged to have copies of documents at the workplace proving the existence of labour-law relation. Goal of controls and high fines is to limit illegal employment of citizens of Czech Republic and foreigners as well. Illegal work has unfavourable economic impact on state budget. It comes to extensive tax evasions and also to evasions within health insurance and social security. If a concluded commercial-law relation meets the attributes of dependent work, then it stands for a concealed legal relationship. Tax Office can subsequently assess an income tax to businessman. Labour-law relationship enjoys a higher legal protection than commercial-law relationship; nonetheless it is not suitable to limit liberty of contract in cases when it is not unambiguously a dependent activity.
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Zahid Ali, Syed. "Does Stability Preclude Contractionary Devaluation?" LAHORE JOURNAL OF ECONOMICS 9, no. 2 (July 1, 2004): 51–71. http://dx.doi.org/10.35536/lje.2004.v9.i2.a3.
Повний текст джерелаАнотація:
In this paper we attempt to assess the relevance of correspondence principle in determining the possible effects of currency devaluation on balance of payments and employment. We developed a model in line with Buffie (1986) who derived a very strong result that if the model is locally stable and if labour and imported inputs are gross substitutes then devaluation will certainly improve labour employment and balance of payments at the same time. For the general production function the Buffie model predicts that devaluation cannot contract both employment and balance of payments at the same time since either of them is incompatible with the stability of the model. Buffie results by and large depend upon stability conditions of the model and what we have demonstrated that stability analysis of the model unfortunately is not free of error. In the corrected model we observe that the results derived by Buffie do not hold in general.
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Floyd, Louise, and David Cabrelli. "New Light through Old Windows: Restraint of Trade in English, Scottish, and Australian Employment Laws(-) Emerging and Enduring Issues." International Journal of Comparative Labour Law and Industrial Relations 26, Issue 2 (June 1, 2010): 167–92. http://dx.doi.org/10.54648/ijcl2010011.
Повний текст джерелаАнотація:
The nature of the study to be pursued in this article concerns the extent to which the common law systems of England and Australia contain principles or rules designed to impinge on an employer’s freedom of contract or legitimate trading interests in order to promote the ability of an employee to trade, work freely, and enjoy the benefits of his/her labour and innovations. This will entail spelling out the principal elements of both the English and Australian concepts and outlining the differences between them in light of new problems that have emerged as a result of recent developments in economic and social conditions.
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Metawala, Prachi, Kathrin Golda-Pongratz, and Clara Irazábal. "Revisiting Engels’ ‘housing question’: Work and housing conditions of immigrant platform delivery riders in Barcelona." Human Geography 14, no. 2 (May 14, 2021): 243–57. http://dx.doi.org/10.1177/19427786211010131.
Повний текст джерелаАнотація:
In his 1872 The housing question, Friedrich Engels addressed the housing problems faced by the proletarian migrant workers in major industrial centres. He asserted that they could only be solved by first resolving their harsh working conditions in the capitalist mode of mass production. Presently, with transnational migrant flows to urban centres and the mass acceptance of the digital platform economy, the housing question manifests itself, among other expressions, in the case of immigrants working in this digital contract-based market. While the platform economy provides immigrants with quick access into a host country’s labour market, the income insecurity and high risks associated with such work put them in a state of precariousness. Through the framework of Engels’ proposed action lines and analysis of observations and interviews with immigrant riders working for the food delivery platforms Glovo and Deliveroo, the paper highlights the negative impacts that this contemporary capitalist model of work, the municipal housing plan and the ongoing Covid-19 crisis have on the immigrant riders’ residential and working conditions in Barcelona, Spain, a city facing a severe rental housing shortage. Lastly, it suggests that, while the social market economy in Spain can be reformed to ameliorate the negative impacts of the platform economy on immigrant riders, bridging the gap between immigrant housing provision and employment inclusion would need to consider decent labour and housing as rights for residents, immigrants included, asserting the currency of Engels’ ideas.
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Genda, Yuji, Markus Heckel, and Ryo Kambayashi. "Employees who do not know their labour contract term and the implications for working conditions: Evidence from Japanese and Spanish microdata." Japan and the World Economy 49 (March 2019): 95–104. http://dx.doi.org/10.1016/j.japwor.2018.09.006.
Повний текст джерела
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Battistella, Graziano. "Multi-level Policy Approach in the Governance of Labour Migration: Considerations From the Philippine Experience." Asian Journal of Social Science 40, no. 4 (2012): 419–46. http://dx.doi.org/10.1163/15685314-12341243.
Повний текст джерелаАнотація:
Abstract With 40 years of experience in labour migration, the Philippines has designed a comprehensive approach for its governance that other countries of origin in Asia look up to. The objectives of the migration policy consist in facilitating the employment of Filipino workers abroad and the consequent economic benefits, while ensuring safe and decent conditions for the workers, through a variety of measures, including regulating the recruitment industry, training migrants through specific programmes, supervising the terms and conditions in the labour contract, and making available a system of redress for victimised migrants. These objectives are reached through the national migration policy. However, the national policy has inherent limitations, both in terms of design, implementation and reach, as the outreach of the Philippine government while migrants are abroad is limited to diplomatic and other services. For this reason, the Philippines has engaged both in bilateral and multilateral cooperation. This paper, after presenting the development of migration from the Philippines at the three policy levels, will briefly assess the efficacy of such policies, using indicators, such as growth of migration flows and coverage, to conclude that all three levels must be pursued, with some preference for the bilateral approach within a multilateral framework.