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1
Власенко, М. В. "ТРУДО-ПРАВОВА ПРИРОДА ВІДНОСИН ЩОДО ВИКОНАННЯ ОБОВ’ЯЗКІВ СУДДІ У ВИГЛЯДІ ЗДІЙСНЕННЯ ПРАВОСУДДЯ". Збірник наукових праць ХНПУ імені Г. С. Сковороди "Право", № 31 (2020): 74–79. http://dx.doi.org/10.34142/23121661.2020.31.08.
Повний текст джерелаАнотація:
The purpose of the article is to determine the nature of the relationship regarding the performance of the judge's duties in the form of the administration of justice. The labor-legal subtext of the categories used in the Law of Ukraine «On the Judiciary and the Status of Judges» to characterize the relationship of justice by professional judges, despite the complete absence of the words «labor» or «labor relations». The author establishes the criteria that characterize the legal regulation of the judge's activity in the form of administration of justice, which testifies to the labor-legal nature of the relations arising in this connection regarding the performance of judges' duties. Based on them, it is concluded that the judge administers justice as his / her labor function, because the legal regulation of the grounds for carrying out this activity, the organization of support of its professional performance testify to constant, systematically paid, qualified work. Thus, it provides grounds for establishing the labor law nature of the relationship regarding the performance of the judge's duties in the form of administration of justice.
2
Carter, Donald D. "Canadian Labour Relations Under the Charter: Exploring the Implications." Articles 43, no. 2 (April 12, 2005): 305–21. http://dx.doi.org/10.7202/050410ar.
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3
Adler, Stephen. "The Role of Judges in the Implementation of Social Policies." International Journal of Comparative Labour Law and Industrial Relations 18, Issue 4 (December 1, 2002): 341–76. http://dx.doi.org/10.54648/5113458.
Повний текст джерелаАнотація:
This article, based upon the author's general report to the 9th Meeting of European Labour Court Judges (ILO, Geneva, December 2001), discusses the role of Labour Court judges and Labour Courts in the implementation and development of social policy. After surveying the legal sources of social policy and a number of Labour Court ‘models’, comparative experience in various national systems is described and commented upon. The author contends that judges play an important role in the development of social policy, and suggests that, when dealing with issues in this field, Labour Court judges adhere to an agenda which differs from that of judges in the general courts. It is argued that the personal values, beliefs and experiences of judges influence their decisions regarding social policy issues, so that it is important for judges to recognize and articulate the factors influencing their decisions on such matters. To assist with this, the influence of the judge on social policy should be considered when individuals are appointed and trained to exercise their judicial role. The author further argues that Labour Courts can only make a significant contribution to the development of social policy if there is reasonable access to those courts, and that among the factors capable of furthering such access are the efficiency of, and the attitudes displayed by, Labour Court judges themselves. Finally, it is observed that, in an era of decreasing union density, Labour Courts increasingly provide the principal route for workers to enforce their rights, thereby underlining the key role of Labour Court judges in developing social law and furthering access to industrial justice as an important means for the protection of rights at work.
4
Pohorielova, O. "THE PROTECTION OF OWNERS' CORPORATE RIGHTS AND EMPLOYEES' LABOUR RIGHTS: JUDICIAL PRACTICE ANALYSIS." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 111 (2019): 49–55. http://dx.doi.org/10.17721/1728-2195/2019/4.111-10.
Повний текст джерелаАнотація:
The article is devoted to the issue on protecting the employees' labour rights in case of an employment dispute, which is considered regarding corporate rights of company owners. The article emphasizes that during work employees are bearing more and more rights and obligations that are realized in different types of relationships. It is also stated that in case of disputes arising from employment relations, courts need to take into ac- count basic factors of labour law. The purpose of this article is to develop proposals for to improving the mechanism of for the protection of emplyees' labour rights. In order to achieve this goal, the author analyses judicial practice regarding the protection of employees' labour rights in disputes related to business entities' functioning, as well as it reveals the contractual nature of labour relations and formulates the proposals on creation of legal conditions for the pro- tection of employees' labour rights. The subject of the study is the judicial protection of company owners' corporate rights and the labour rights of employees. The object of the study is the protective legal relations that arise in the process of resolving labour disputes by the courts of Ukraine. The deductive method used in the work made it possible has allowed the author to substantiate the need for a clear distinction between labour and corporate rightslaw, consider- ing labour disputes and as well as the necessity to take into account the specifics of the method of legal regulation in labour law, in particular the contractual nature of the entrenching of on rights and obligations. The method of induction has revealed the theoretical and practical problems of the distinction between corporate and labour rights. The theo- retical and prognostic method has been used to substantiate the proposals for the improvement of labour legislation to protect the labour rights of employees. Categories and methods of formal logic have been widely used in the work: concepts, definitions, proofs, judgments, analysis, synthe- sis, analogy, comparison, generalizations, etc. The paper focuses on the judicial bodies' powers on the necessity to allocate the specialization of judges for the consideration of labor cases. Based on the case law analysis, the improvement of the national labour legislation on wrongful dismissal is proposed. In fact, every court case in which labour disputes are settled has its own peculiarities and specifics, which in its turn requires the specialization of judges who have to consider labour disputes. It is the specialization of judges in Ukraine that will provide an opportunity not only to guarantee the emploees' labour rights, but to practically improve the mechanism for the protection of employees' labour rights enshrined in collective and employmentagreements.
5
Corby, Susan. "Adjudicatory Institutions for Individual Employment Disputes: Formation, Development and Effectiveness." International Journal of Comparative Labour Law and Industrial Relations 38, Issue 1 (March 1, 2022): 1–30. http://dx.doi.org/10.54648/ijcl2022001.
Повний текст джерелаАнотація:
This article focuses on first instance discrete adjudicatory institutions for the determination of individual employment disputes, generically known as labour courts, in seven countries: France, Germany, Great Britain, Ireland, Japan, New Zealand and Sweden. First, it traces their formation and subsequent development, applying Thelen’s fourfold typology of displacement, conversion, layering and drift. Sometimes, this typology is appropriate: French and Swedish labour courts have drifted, and in Germany there was displacement after World War 1. Sometimes, however, the typology, is inappropriate. In Ireland, there has been amalgamation and in New Zealand there was displacement and then adaptation. It next seeks to understand which of the seven institutions performs the most effectively, examining several criteria including the legitimacy of the labour court, speed, accessibility, cost, informality, and the propagation of legal norms. It finds that comparisons are limited because adjudicatory institutions need to be judged in their specific national context. Moreover, effectiveness depends on the criterion that is adopted: an institution that scores highly on one criterion does not necessarily do so on another. Despite these limitations, comparisons can be useful to practitioners and academics and Germany’s labour court scores highly on many of the criteria used. Labour Court, Judges, Adjudication, Lay Judges, Employment Disputes, Mediation, Path Dependency, Effectiveness, Legitimacy, Norms
6
Kochkova, Anna, and Maryna Dei. "Influence of International Law Standards in the Field of Judges Labor Protection and European Integration on the Reform of National Law." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 352–56. http://dx.doi.org/10.36695/2219-5521.1.2020.70.
Повний текст джерелаАнотація:
The legal regulation of the work of judges is important at the international level, confirming the huge number of international legal acts regulating this issue. A number of important documents have been adopted at the regional level, namely under the auspices of the Council of Europe and the EU.
The provisions of the Law of Ukraine “On Judiciary and Status of Judges” of 2016 are analyzed. The relations between Ukraine and the EU in the aspect of justice and judicial reform in accordance with the Association Agreement and the impact of such cooperation on the legislation of Ukraine are considered. We can argue for the unconditional influence of the rules of international law on the updated Law of 2016 in the context of a clear definition of the criteria for the selection of candidates for the post of judge.
The article reveals the peculiarities of the influence of the international legal norms and standards of the Council of Europe and the EU in the matter of securing the labor rights of judges and regulating the issue of legal relations with judges. The article compares the compliance of Ukrainian legislation with international legal standards. In addition, the author proposes changes that need to be made to the legislation of Ukraine in order to ensure the protection of the labor rights of judges and increase the efficiency of the judicial system of Ukraine.
Having considered violations of labor rights and court decisions on these issues, as well as norms of international law and legislation of European countries, the author proposes to introduce a number of important changes in Ukrainian laws. In particular, it is advisable to make changes to regulate the housing issue of judges by the selection of criteria that are put forward to a candidate for judicial office, recruitment procedures and grounds for dismissal of a judge for professional unfitness. Thus, all relevant changes will not only make adjustments to ensure the labor rights of judges and their protection to international law, but will also serve as additional grounds for maintaining the impartiality and efficiency of the judicial system in Ukraine.
7
Deakin, Simon. "Interpreting Employment Contracts: Judges, Employers, Workers." International Journal of Comparative Labour Law and Industrial Relations 20, Issue 2 (June 1, 2004): 201–26. http://dx.doi.org/10.54648/ijcl2004012.
Повний текст джерелаАнотація:
Abstract: This paper reports findings from a survey designed to estimate the numbers excluded from employment protection in the UK by the ‘employee’ test and to examine, through qualitative research, perceptions of the process of employment contracting. The survey evidence shows that approaching one third of the labour force does not fit neatly into the categories of ‘employee’ and ‘self-employed’. The case studies suggest that there is a considerable disjunction between the assumptions of choice, control and risk which underlie the legal tests, and the perception of these issues by workers whose employment status is most in doubt.
8
KARPUSHOVA, O. V. "LEGAL REGULATION OF LABOR RELATIONS WITH JUDGES IN THE FEDERAL REPUBLIC OF GERMANY." Law and Society, no. 4 (2020): 128–33. http://dx.doi.org/10.32842/2078-3736/2020.4.18.
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9
Dougan, Michael. "Primacy and the remedy of disapplication." Common Market Law Review 56, Issue 6 (November 1, 2019): 1459–508. http://dx.doi.org/10.54648/cola2019123.
Повний текст джерелаАнотація:
This article explores the EU principle of primacy and, in particular, the requirement that incompatible national rules be disapplied by the domestic courts. Objections to disapplication generally involve concerns about legal certainty as regards existing decisions or relationships – leading to an extensive case law (e.g.) on the non-publication of Union acts or rules of res judicata. More recently, the ECJ has faced concerns about how the prospective disapplication of national rules might create a legal vacuum capable of endangering legitimate public interests (pending adoption of fully compliant measures by the Member State). The available case law suggests the emergence of a new body of principles that qualify the full implications of primacy. But the precise division of labour between the Court and the domestic judges remains unclear. And the conditions governing the exercise of each jurisdiction might offer insufficient legal protection against the full risks of a damaging legal vacuum.
10
Sozanova, M. V., and O. U. Fes'kova. "Effective Establishment of Hidden Labor Relations by Judges in Russia from the Perspective of Integrative Legal Understanding." Rossijskoe pravosudie 6 (May 26, 2021): 10–15. http://dx.doi.org/10.37399/issn2072-909x.2021.6.10-15.
Повний текст джерелаАнотація:
The article analyzes the current labor legislation of the Russian Federation: considers the procedure and conditions for the emergence of labor relations, Рrotection of labor rights of the employee and compliance with the requirements of inadmissibility of abuse of labor rights by the employer when registering labor relations as an optional means, the authors of the article used in combination historical-legal and system-structural methods of cognition of the subject of scientific research.
11
Shumylo, Mykhailo. "Judicial assistant: current state of legal regulation and review of court practice." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 323–30. http://dx.doi.org/10.33663/0869-2491-2021-32-323-330.
Повний текст джерелаАнотація:
Patronage service(executive support service)is a type of service and employment relations that arise, change and terminate to ensure effective, proper and quality performance of their duties by officials who are legally entitled to have a patronage servant. The term “patronage” comes from “patronatus” in Latin- the state or rights of the patron. In the national legislation, the patronage service is a quite new category and was first introduced in 1993 with the adoption of the Law on Civil Service, and therefore has no old traditions. The change in the status of the patronage service in Ukraine indirectly indicates its formation. There is no single approach to the principles of patronage service in foreign countries, for example, in Italy and Germany patronage service does not stand out as a separate concept, but such kind relationships are included in the public service, while in Australia, Britain, Georgia, Canada, Lithuania and Poland patronage service conceptually stands out as a category of public service with a number of special rules. The establishment of a patronage service in Ukraine was an objective necessity and today it operates in the system of legislative, executive and judicial branches. The labor functions of patronage service employees are directly correlated with the labor functions of public law official to whom they are assigned (subordinated). The patronage service includes advisers, assistants, commissioners, press-secretaries of the President of Ukraine, employees of the secretariats of the Chairman, First Deputy Chairman and Deputy Chairman of the Verkhovna Rada of Ukraine, employees of patronage services of the Prime Minister of Ukraine and other members of the Cabinet of Ministers of Ukraine, advising assistants of People's Deputies of Ukraine, judicial assistants and scientific advisers to judges of the Constitutional Court of Ukraine, judicial assistants, advisers to the Chairman of the Supreme Court and chairmen of cassation courts, as well as positions of patronage servants in other state bodies. At the same time as for judiciary, part 4 of Article 92 of the Civil Service Law (2015) states that the specifics of patronage service in courts, bodies and institutions of the judicial system are determined by the legislation on the judiciary and the status of judges. Judicial assistants are an integral part of the judiciary. Despite their legal status, whether civil or patronage servants, the lion's share of work is performed by judicial assistants. It can be concluded, directly or indirectly, that effective work of a court or a judge is not possible without the effective work of judicial assistants (judges' offices) and this interdependency is obvious. It should also be noted that a significant number of assistants later become judges, or if we take a look at the biographies of judges of all levels we can find out that many of them took their first steps in the legal profession as judicial assistants. This might lead to the conclusion that “judicial assistants environment” is a kind of a personnel reserve of the judiciary.
12
SUAREZ-POTTS, WILLIAM J. "The Mexican Supreme Court and the Juntas de Conciliación y Arbitraje, 1917–1924: The Judicialisation of Labour Relations after the Revolution." Journal of Latin American Studies 41, no. 4 (November 2009): 723–55. http://dx.doi.org/10.1017/s0022216x09990575.
Повний текст джерелаАнотація:
AbstractThis article reviews Mexican Supreme Court decisions concerning the legal status of juntas de conciliación y arbitraje (state labour boards of conciliation and arbitration) between 1917 and 1924. During this period the Court played an important role in legitimising these administrative boards, which have since become a constituent part of Mexico's state–labour regime. This examination of the Court's decisions shows how judge-made law contributed to the evolution of industrial relations in the country in the early 1920s. Furthermore, the article's discussion of the connection between the Court's evolving case law and its changing membership in this period indicates how its legal decisions were sensitive to political changes. This presents an early instance of the more recent trend toward the judicialisation of politics in Latin America.
13
Tushnet, Mark. "The Legitimation of the Administrative State: Some Aspects of the Work of Thurgood Marshall." Studies in American Political Development 5, no. 1 (1991): 94–118. http://dx.doi.org/10.1017/s0898588x00000171.
Повний текст джерелаАнотація:
The judicial role in the construction of the twentieth-century state was decisively structured by the interaction of developments in jurisprudence and by changes in the organization of the regulation of economic activity. Individual judges brought their backgrounds and political predispositions to the task as well, and we will gain a full understanding of the judicial role in structuring the state only by integrating biography, jurisprudence, and political economy. This article examines the work of Justice Thurgood Marshall in constructing the post-New Deal settlement of the relations among people in their capacity as consumers, people in their capacity as workers, and capital. That settlement was expressed in legal forms that departed from the common law doctrines that had for two centuries provided one of the legitimating ideologies of social relations. With the construction of the administrative state came the need to reconstitute not only the legal structures that supported the agencies of government, but also the ideological structures that explained the legitimacy of these innovations. While legal academics articulated carefully thought out defenses of the administrative state, judges provided the citizenry with less developed but, perhaps, more easily understood ideologies. Justice Marshall's work in areas of labor law and civil procedure provides insight into the dimensions of the legal legitimation of the administrative state, while his unique experience as a lawyer and his place within the Court illuminate the importance of biographical factors in a full explanation of the construction of the legal structures of the administrative state.
14
Setyadani, Niki Anane, and Holyness N. Singadimeja. "Splitsing Perkara Pemutusan Hubungan Kerja Akibat Menolak Mutasi: Menguntungkan atau Merugikan Pekerja?" Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 10, no. 2 (July 30, 2021): 327. http://dx.doi.org/10.24843/jmhu.2021.v10.i02.p10.
Повний текст джерелаАнотація:
The purpose of this paper is to examine the validity of termination of employment and transfer at PT. Indo Batam Ekatama and the accuracy of the legal basis used by judges to terminate employment relations. Furthermore, this paper also aims to examine the splitsing on labor law and the consequences of splitting in terms of the theory of justice and the theory of progressive law. The method used is a normative juridical method with a statutory approach and a conceptual approach. The results showed that the mutations and layoffs carried out by PT. Indo Batam Ekatama is illegitimate and workers are entitled to process wages but not entitled to religious holiday allowances. The legal basis used by the Panel of Judges in deciding cases is also deemed inappropriate. In addition, the concept of splitting lawsuit files on labor law has no legal basis and is considered contrary to a sense of justice because of the possibility of differences in judge decisions that result in differences in rights between workers who are dismissed.
Tujuan penulisan ini adalah untuk mengkaji keabsahan pemutusan hubungan kerja dan mutasi pada PT. Indo Batam Ekatama serta ketepatan dasar hukum yang digunakan hakim untuk memutus hubungan kerja. Selanjutnya, penulisan ini juga bertujuan untuk mengkaji splitsing pada hukum ketanagakerjaan serta konsekuensi dari dilakukannya splitsing ditinjau dari teori keadilan dan teori hukum progresif. Adapun metode yang digunakan adalah metode yuridis normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Hasil penelitian menunjukkan bahwa mutasi dan PHK yang dilakukan PT. Indo Batam Ekatama tidak sah dan pekerja berhak atas upah proses namun tidak berhak atas Tunjangan Hari Raya Keagamaan. Adapun dasar hukum yang digunakan Majelis Hakim dalam memutus perkara juga dinilai tidak tepat. Selain itu, konsep splitsing berkas gugatan pada hukum ketenagakerjaan tidak memiliki dasar hukum dan dinilai bertentangan dengan rasa keadilan sebab adanya kemungkinan perbedaan putusan hakim yang mengakibatkan perbedaan hak antar para pekerja yang diPHK.
15
Nyombi, Chrispas. "A response to the challenges posed by the binary divide between employee and self-employed." International Journal of Law and Management 57, no. 1 (February 9, 2015): 3–16. http://dx.doi.org/10.1108/ijlma-03-2013-0012.
Повний текст джерелаАнотація:
Purpose – The purpose of this paper is to examine the nature of the legal relationship tying workers to employers. It explores how the individual who is categorised as an employee is distinguished from a self-employed or independent contractor or a worker. The common law tests for classifying employment status are analysed against a backdrop of emerging research literature. Recommendations for reform are provided, drawing from the work of prominent scholars such as Mark Freedland and Simon Deakin. Design/methodology/approach – The paper reviews court decisions and examines arguments raised in relation to the binary divide between employed and self-employed. The paper is largely conceptual. Findings – This paper has shown that divergence between law and realities of employment still puzzle modern law reformers and judges alike. The common law test have proved to be inadequate and new solutions have been recommended. One of the suggest solutions is to import the doctrine of good faith into the tests. Originality/value – The paper makes recommendations that will further refine and clarify the employment relationship in a bid to create a more inclusive “labour law” capable of protecting a wider range of atypical and vulnerable work relations. This paper will inform managers on the challenges in relation to classification of employment status brought about by the growth in atypical work.
16
Szymanski, Charles F. "The Idea of the “General Clause” in American Labor Law." Białostockie Studia Prawnicze 26, no. 2 (June 1, 2021): 11–49. http://dx.doi.org/10.15290/bsp.2021.26.02.01.
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Abstract European legal systems have long encompassed the concept of the “general clause”, particularly in contract and labor law. The general clause includes unwritten legal norms such as good faith and public morality, and these principles are duly incorporated in the process of construing civil and labor contracts. While the general clause itself is formally absent in common law systems, its principles have found their way into modern British and American law. Two primary examples include the doctrines of good faith and unconscionability. In a broader sense, the idea of introducing rather indeterminate legal norms to be construed and interpreted by judges appears to be well-suited to a common law system. However, as applied to American labor law, the very indeterminacy of these terms has had rather negative effects on the rights of employees and the labor unions that represent them. Specifically, this article examines the good faith requirement in collective bargaining under the National Labor Relations Act (NLRA) and the doctrine of unconscionability in employment arbitration agreements, and concludes that they both should be supplemented by more definite standards in order to effectively protect employees.
17
Irani, Freya. "Beyond de jure and de facto boundaries: tracing the imperial geographies of US law." European Journal of International Relations 26, no. 2 (August 20, 2019): 397–418. http://dx.doi.org/10.1177/1354066119869801.
Повний текст джерелаАнотація:
Since 1945, US judges have extended numerous “domestic” US laws (including securities and antitrust laws) to govern economic transactions taking place “abroad”. However, they have generally failed to extend US labor and employment laws to govern employer–employee relationships outside “US territory”. Through a close reading of federal court decisions and drawing on recent work in the field of critical legal studies, this article makes an argument for centering the study of jurisdiction in International Relations scholarship and for approaching states as instantiated in their jurisdictional assertions. I suggest that such an approach enables us to capture the geographies—including the imperial geographies—of US law in the “normal,” everyday course of affairs. In particular, such an approach allows us to see that, since the mid-20th century, the legal authority and legal relations of the US government have come to be organized around the notion of the national economy (rather than simply around, for example, notions of territory or citizenship). What this means is that it is increasingly a posited relationship to this national economy that determines whether people and corporations, wherever in the world they are located, are subjected to or protected by US law.
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Даньшин, Александр, and Aleksandr Dan'shin. "THE STATE AND SOCIAL INTERMEDIATION (MEDIATION) IN TRADITIONAL CHINA." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2017, no. 3 (October 25, 2017): 72–77. http://dx.doi.org/10.21603/2542-1840-2017-3-72-77.
Повний текст джерелаАнотація:
The main aim of the article is to study the relationship of the institutions of social intermediation and state bodies in traditional China in the process of regulation of civil legal disputes. The law instructed judges to deal with property disputes of private individuals in person (i. e. «minor issues»); however, they thought it possible to intervene in a conflict only when all possible ways of mediation had been exhausted. The intention of the plaintiff to apply to the court immediately could be stopped by the judge's decision to transfer the civil case into a criminal one, which would threaten the plaintiff with serious adverse consequences. If the case was considered by the judge, his decisions, as a rule, were based on the Confucian principle of « ren » (humanity) and not law. Guided by this principle, the court could decide in favor of the debtor, even if his guilt was obvious before the creditor. In addition, the main method of punishment of the debtor was furtigation, which could not guarantee the performance of his obligations. In this regard, most Chinese citizens, regardless of their social status, preferred to refrain from applying to court with their civil cases. The most promising variant for them was the institute of social intermediation (mediation), represented by village headmen ( ts’ilao ) and rural police ( t’ipao ), «noble (perfect) men» ( chüntzu ) and representatives of the «scientific order» ( shênshih ), etc. State control over their brokerage activities was carried out through a system of collective responsibility paochia, and the hsiangpao , who was elected by community members and approved by the local judge. Developing ancient folk traditions, the institute of mediation at the legislative level in contemporary China is recognized as an important form of regulation of civil legal relations, existing in the form of national, commercial, administrative and labor intermediation, the main purpose of which, as in ancient times, is social harmony and stability in the country.
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Fatimah, Yani Nur. "Penyelesaian Perselisihan Hubungan Industrial di Pengadilan Hubungan Industrial dalam Pemenuhan Hak Pekerja/Buruh Yang di Putus Hubungan Kerja." Pandecta: Research Law Journal 10, no. 2 (December 31, 2015): 215. http://dx.doi.org/10.15294/pandecta.v10i2.4954.
Повний текст джерелаАнотація:
Penelitian ini bertujuan untuk menganalisis faktor-faktor yang menjadi penyebab terjdinya PHK, kompensasi yang diberikan kepeda pekerja/buruh yang di PHK berdasarkan putusan hakim PHI dan peran hakim PHI dalam memberikan kepastian hukum terhadap kasus kasus PHK. Hasil penelitian ini menunjukkan bahwa mekanisme PHK berdasarkan Undang-Undang No. 13 Tahun 2003 tentang Ketenagakerjaan, serta mengenai pemenuhan hak pekerja yang mengalami PHK yang tercantum dalam perjanjian kerja jika terjadi PHK maka pekerja/buruh hanya memperoleh 1 (satu) kali dan uang pengantian hak sesuai dengan Undang-Undang. Selanjutnya mengenai perlindungan hukum terkait pemberian kompensasi pekerja/buruh. Terkait mengenai upaya hukum yang dilakukan pekerja/buruh demi memperjuangkan hak-haknya melalui non litigasi dan litigasi. Non litigasi atau diluar pengadilan dilakukan memalui konsiliasi dan mediasi yang dijalankan secara muyawarah yang ditengahi oleh Dinakertrans. Sedangkan litigasi atau melalui jalur pengadilan dilakukan memalui Pengadilan Hubungan Industrial.<br /><br /><br /><em>This study aimed to analyze the factors that cause terjdinya layoffs, compensation provided kepeda workers / laborers whose employment is terminated by the judge’s ruling and the role of judges PHI PHI to provide legal certainty to the cases of layoffs. These results indicate that the mechanism of layoffs under Law No. 13 of 2003 on Labor, as well as the fulfillment of the rights of workers who were laid off were contained in employment contracts in the event of layoff the workers / laborers only get 1 (one) time and money replacement right in accordance with the Law. Furthermore, regarding the legal protection related to compensation of workers / laborers. Related legal efforts undertaken regarding workers / labor for asserting their rights through non-litigation and litigation. Non litigation or outside court is performed by the conciliation and mediation run muyawarah brokered by Dinakertrans. While litigation or through the courts is performed by the Industrial Relations Court.</em>
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Witt, John Fabian. "Rethinking the Nineteenth-Century Employment Contract, Again." Law and History Review 18, no. 3 (2000): 627–57. http://dx.doi.org/10.2307/744072.
Повний текст джерелаАнотація:
Legal historians have turned with renewed energy in recent years to the project of fleshing out the myriad rules by which the common law of the free labor employment contract structured social relations in nineteenth-century America. Of course, labor relations have always been prominent in the literature. The German sociological tradition has long taught us to see in the legal protection of property rights a source of coercive power over the working classes. And for decades now, historians have studied the great nineteenth-century labor conspiracy cases, which generated leading cases and opinions by judges such as Shaw and Holmes. But there is a new wrinkle in recent accounts of nineteenth-century labor law. Much of the law of property, contract, and tort bears a relatively self-evident (though still too infrequently remarked on) relation to the relative bargaining power of the parties to an employment contract. Property rules, along with a whole host of attendant tort doctrines such as nuisance and trespass, allocate resources among parties. As Robert Hale observed long ago, property rules set the coercive power of A to exclude B from those resources that belong to A, whether A be a prospective employee excluding an employer from the employee's labor power, or an employer excluding a would-be employee from the means of production. In similar fashion, rules of contract and tort that define the weapons that parties may deploy in competition or bargaining also shape the relative bargaining power of social actors. Thus, doctrines of duress, fraud, unconscionability, and adequacy of consideration, and the law of labor conspiracies and competition all create immutable background rules (or sometimes inalienable entitlements) that have considerable impact on bargaining power. In Halean language, we might say that the law of duress, for example, coercively precludes the strong from forcing the weak to consent to a particular deal, or that the doctrine of fraud coercively precludes the slick from outfoxing the dupes.
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Sejati, Hono. "REKONSTRUKSI PEMERIKSAAN PERKARA DI PENGADILAN HUBUNGAN INDUSTRIAL BERBASIS NILAI CEPAT, ADIL DAN MURAH." Jurnal Pembaharuan Hukum 3, no. 1 (April 13, 2016): 39. http://dx.doi.org/10.26532/jph.v3i1.1345.
Повний текст джерелаАнотація:
Judge’s decision should reflect the moral justice, social justice, and legal justice, the judge must hear the testimony of the parties, in order to produce a verdict worth of truth, honesty and has a value of fast, fair and cheap. In industrial disputes, the issue is how the dispute is resolved, in order to provide legal certainty based on values of justice for both workers and employers. Some issues examined in this study were (1) Why the Industrial Relations Court proceedings currently not fast, fair and cheap? (2) what barriers that happens in the proceedings in the Industrial Relations Court today that has not been fast, fair and cheap? How is the reconstruction proceedings in the Industrial Relations Court based the value of fast, fair and cheap? The research used sociological juridical approach. Data collection techniques were done by using interview, observation and documentation. Data were analyzed using interactive analysis method. Results of this study conclude that (1) Examination of the Industrial Relations Court has fast, fair, and inexpensive. It is caused by differences in terms of filing a lawsuit in which the provisions of civil law. In the case of filing a lawsuit on his nervous at the district court in the area where the defendant place residence or domicile (Article 118 HIR / Article 142 RBg, whereas in Article 81 of Law No. 2 of 2004 stipulates that industrial relations disputes lawsuit in the District Court jurisdiction covers the workers / laborers. From these provisions, no factor sequititrum forum rei is known to be abandoned. Forming the Act does not provide an explanation of the application of the principle of a lawsuit filed in the workers / laborers. (2) The obstacles that occur in examinations litigation industrial relations are: filing a lawsuit, calling longer because the place stay defendant outside the jurisdiction of the courts located or the defendant has died, the company that has no operations or directors have left Indonesia, as well as the lack of control of the board Unions / Labour as the holder of the power which is actually not a graduate or undergraduate law will hinder the investigation because the process examination the judge must be active members of the advice and knowledge of proceedings. (3) Reconstruction of the court proceedings in industrial relations is based on the value of fast, fair, and inexpensive which is done by consensus as the settlement of disputes in the Industrial Relations Court.
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Rahimy, Aziz. "The Covid-19 Pandemic as The Basis for Termination of Employment in Indonesia, Between Force Majeure or Efficiency (Analysis of Decision Number: 781 K/Pdt.Sus-PHI/2021)." International Journal of Law and Politics Studies 3, no. 2 (December 4, 2021): 33–46. http://dx.doi.org/10.32996/ijlps.2021.3.2.6.
Повний текст джерелаАнотація:
The 2019 Coronavirus Disease (Covid-19) pandemic caused a health crisis and caused economic disruption, one of which was companies experiencing decreased sales or orders, decreased revenues, increased losses, and even company closures. One of the steps taken by the company is to terminate the employment relationship (PHK), which often causes debate about the terms and compensation for the layoffs received by workers. Things that are often debated include whether the layoffs due to the Covid-19 pandemic were carried out based on force majeure or efficiency. This research was conducted to determine how the layoffs are arranged due to force majeure and efficiency and to determine the views of the panel of judges who examined cases of industrial relations disputes in Decision Number 781 K/Pdt.Sus-PHI/2021. This study uses a normative juridical method with descriptive characteristics, which uses primary and secondary legal materials. The results of this study indicate that the labor law both before and after the enactment of Law Number 11 of 2020 concerning Job Creation provides space for employers to carry out layoffs based on force majeure or efficiency, and there are significant differences in arrangements before and after the enactment of the Job Creation Act. The view of the Panel of Judges in case Number 781 K/Pdt.Sus-PHI/2021, there is a need for a causal relationship between the Covid-19 pandemic and conditions that force employers to lay off workers. If causality cannot be proven, layoffs are an efficiency measure to reduce the impact of the Covid-19 pandemic.
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Corby, Susan, Pete Burgess, Armin Höland, Hélène Michel, and Laurent Willemez. "Lay and Professional Judges in Europe’s Labour Courts: Does the Professional Judge Dominate?" Industrial Law Journal 49, no. 2 (August 23, 2019): 231–57. http://dx.doi.org/10.1093/indlaw/dwz012.
Повний текст джерелаАнотація:
Abstract Several European countries have a first instance ‘mixed’ labour court, that is a judicial panel comprising a professional judge and two or more lay judges, the latter with experience as employees or employers/managers. The lay judges’ main contribution is their workplace knowledge, but they act in a juridical setting where legal norms prevail, so does the professional judge, despite being in a minority, dominate? This article seeks to address this question by focussing on first instance labour courts in Great Britain, Germany and France. Theories of differential power, particularly status characteristics theory, and previous empirical research indicate that professional judges dominate, but our findings are more nuanced. Based on 177 interviews in three countries, we find that professional judge dominance varies according to the country’s institutional context and the salience of lay judges’ workplace knowledge. These institutional differences, however, are mediated by the attitudes of the judicial actors. Many interviewees noted that some lay judges were more prepared to challenge the professional judge than others, whereas others observed that some professional judges were more inclusive than others.
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Соколова, Ю. І. "TO CHARACTERIZE THE CURRENT STATE OF LEGAL REGULATION OF PENSIONS OF JUDGES." Juridical science 2, no. 4(106) (April 3, 2020): 269–75. http://dx.doi.org/10.32844/2222-5374-2020-106-4-2.33.
Повний текст джерелаАнотація:
The relevance of the article is that when forming a theoretical and legal position on the content of a phenomenon or object, the issue of its settlement by law is especially important. The study of various aspects of judges' pensions has shown the key role of the normative component in the content of this problem, through which the legal reality establishes its influence on the relations arising in the field of pensions of judges. It should be noted that the legal regulation is characterized by the following features: it is, first, the impact of law on public relations, which is carried out through a separate group of legal instruments - legal norms; secondly, normative-legal regulation is a part of complex legal influence, in other words, it shows only one of clusters of legal regulation of the corresponding object; thirdly, the intensity, efficiency, breadth and other mechanical factors of legal regulation directly depend on the quality and system of legal provisions and norms that build the content of the category. The article, based on the analysis of scientific views of scientists, proposes the author's definition of the concept of legal regulation of judges' pensions. The main normative-legal acts of the legislative and by-law level which fix the principles of regulation of public relations in the field of pension provision of judges are singled out. It is concluded that the main feature of the legal regulation of judges' pensions is the presence of two groups of legal documents, namely: general, which establish guarantees of social protection and pensions in Ukraine as a whole, led by the Constitution, and special - the Law of Ukraine "On Judiciary and the Status of Judges" dated 02.06.2016 №1402-VIII, documents of judicial self-government bodies - establish the peculiarities of judges receiving pensions and monthly lifetime allowance. At the same time, the disadvantage of the special legal framework is the lack of norms that clearly explain the procedure and features of both types of pensions for judges, by paying them pensions in the general order and a monthly lifetime allowance. In particular, the special normative-legal base does not explain the content of the monthly lifetime cash maintenance and the main points of its legal significance.
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Ershov, Valentin V., and Elena A. Ershova. "Regulation of Labour Legal Relations in Russia." Vestnik Tomskogo gosudarstvennogo universiteta, no. 455 (June 1, 2020): 216–22. http://dx.doi.org/10.17223/15617793/455/29.
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Razzolini, Orsola. "Contitolaritŕ del rapporto di lavoro nel gruppo cartatterizzato da "unicitŕ di impresa"." GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI, no. 122 (July 2009): 263–304. http://dx.doi.org/10.3280/gdl2009-122003.
Повний текст джерелаАнотація:
- In the groups of companies, whenever determinate factors denote the existence of a "single economic entity", labour law judges, traditionally, disregard the general rule of separate personalities of companies. However, the fraus legi can no longer be regarded as an adequate key to understand this judicial mechanism, which, on the contrary, seems to be used by judges for the scope of general regulation. This paper, based, to some extent, on comparison either with company law or with the U.K. and Spanish legal systems, suggests a different interpretation of the aforementioned judicial mechanism, which appears to be more consistent with a regulatory approach. The conclusion is that, with regard to group of companies constituting a single economic entity, the legal concept of employer should be redefined in the light of the concept of joint-employment.Key words: Groups of companies; Single economic entity; Ascription of legal responsibilities; Joint-Employers; Solidarity; Labour law, Commercial and Company law.Parole chiave: Gruppi di imprese; Unicitŕ di impresa; Impresa di gruppo; Imputazione dei rapporti di lavoro; Contitolaritŕ; Solidarietŕ; Rapporti fra diritto del lavoro e diritto commerciale.
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Cherniakhovych, I. E. "CIVIL SERVICE RELATIONS AS A SUBJECT OF PUBLIC-LEGAL DISPUTE." Actual problems of native jurisprudence, no. 4 (August 30, 2019): 179–83. http://dx.doi.org/10.15421/391939.
Повний текст джерелаАнотація:
The article is devoted to the definition of the state-service relations as the subject of a public-legal dispute, and on this basis develop separate proposals for the improvement of the current legislation and the practice of its application. The article determines that the subject of a public-legal dispute is administrative-legal relations, the object of which is: adoption, passing, dismissal from the civil service. The above applies to: state political positions and positions in state collegial bodies; positions of judge and prosecutor; places of work within the military, alternative non-military service, regardless of the power of the rights and obligations provided by the corresponding place of work; places of work within another civil service. Additional criteria for determining the administrative jurisdiction of a public-legal dispute are: direct practical fulfillment of tasks and functions of the state; the existence of labor relations between the civil servant and the body, the institution in which it operates. The jurisdiction of administrative courts includes public-law disputes arising from the relations of acceptance, employment, dismissal from work in public institutions, subject to compliance with the criteria specified in paragraph Such criteria as the existence of a power of attorney within the scope of the labor obligation or the basis for the establishment of the relevant labor relations (contract or oath of a public servant) should not be decisive for the attribution of the public law disputes under consideration to the jurisdiction of administrative courts. It is expedient to publish the Plenary Session of the Supreme Court clarifications regarding the allocation and necessity of applying the above-mentioned provisions and criteria. The expediency of inclusion of relations in connection with activity of persons on political positions to a circle of state-service relations as a subject of jurisdiction of administrative courts, with the exceptions provided by the law, is substantiated. Similar types of relations that arise in connection with the occupation of positions in local self-government bodies are inappropriately attributed to the range of these relations as an object of administrative legal proceedings, since they constitute another type of public service relationship.
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Ershova, Elena A., and Valentin V. Ershov. "Differentiation of Labor and Civil Legal Relations." Rossijskoe pravosudie, no. 12 (November 25, 2021): 67–75. http://dx.doi.org/10.37399/issn2072-909x.2021.12.67-75.
Повний текст джерелаАнотація:
The authors analyze the points of view of scientists and practitioners on the differentiation of labor and civil legal relations. The conclusion is made: labour and civil legal relations, both in the XIX and in the XXI centuries, must be distinguished by objective criteria. In cases of fake transactions, for example, civil contracts or paid services, it is theoretically more reasonable to apply to the court with claims about the application of the consequences of the invalidity of fake transactions (paragraph 3 of Article 166 of the Civil Code of the Russian Federation) and the conclusion of an employment contract from the moment of the actual occurrence of labor relations (paragraph 5 of part 2 of Article 16 of the Labour Code of the Russian Federation), indicating the mandatory terms of the employment contract (part 2 of Article 57 of the Labour Code of the Russian Federation)
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Sciarra, Silvana. "Trusting Judges to Deliver Changes: Italy, the EU and Labour Law." Cambridge Yearbook of European Legal Studies 9 (2007): 441–64. http://dx.doi.org/10.5235/152888712802746849.
Повний текст джерелаАнотація:
The title of this paper embraces three concepts which will be used as paths to reach a destination. The destination is Italy, taken as an example of an active promoter of European integration, even when facing difficulties in complying with its obligations under the EC Treaty.The first path leads towards judicial intervention, seen as a major tool for making changes within a national legal system. Some examples (section III) concern the scrutiny that the ECJ operates, when prompted by the Commission, acting under Article 88(2) EC. Other examples (sections IV and V) are related to the open dialogue national judges engage in with the ECJ, when they start preliminary references under Article 234 EC.
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Sciarra, Silvana. "Trusting Judges to Deliver Changes: Italy, the EU and Labour Law." Cambridge Yearbook of European Legal Studies 9 (2007): 441–64. http://dx.doi.org/10.1017/s1528887000002883.
Повний текст джерелаАнотація:
The title of this paper embraces three concepts which will be used as paths to reach a destination. The destination is Italy, taken as an example of an active promoter of European integration, even when facing difficulties in complying with its obligations under the EC Treaty. The first path leads towards judicial intervention, seen as a major tool for making changes within a national legal system. Some examples (section III) concern the scrutiny that the ECJ operates, when prompted by the Commission, acting under Article 88(2) EC. Other examples (sections IV and V) are related to the open dialogue national judges engage in with the ECJ, when they start preliminary references under Article 234 EC.
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Pracelia, Yolanda, and Andari Yurikosari. "ANALISIS PUTUSAN SELA TERHADAP PERMOHONAN PEMBAYARAN UPAH PROSES DALAM PENGADILAN HUBUNGAN INDUSTRIAL (STUDI PUTUSAN: PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR: 181/PDT.SUS-PHI/2016/PN.BDG jo PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR: 82/PDT.SUS-PHI/2016/PN.BDG)." Jurnal Hukum Adigama 2, no. 1 (July 30, 2019): 124. http://dx.doi.org/10.24912/adigama.v2i1.5184.
Повний текст джерелаАнотація:
Based on Article 96 of Law No. 2 of 2004 concerning Industrial Relations Dispute Settlement states that in essence that if the Company is proven at the first session not to carry out its obligations under Article 155 Paragraph (3) Law No. 13 of 2003 concerning Manpower, the Judge may decide interim. In the Decision of the Industrial Relations Court Number: 181/Pdt.Sus-PHI/2016/PN.Bdg jo Decision of the Industrial Relations Court Number: 82/Pdt.Sus-PHI/2016/PN.Bdg, the Judge decides on the request for payment of process wages at interlocutory decisions and final decisions, thus raising problems, how is the legal certainty of the application for process wage payments in the Industrial Relations Court and how to prove in the request for payment of process wages in the Industrial Relations Court. This study uses normative legal research methods, which are prescriptive in nature, with methods of data collection in the form of library studies, and supported by the results of interviews with Labor Law Experts. The results of the study show that, first, legal certainty in the request for payment of process wages on interlocutory decisions must be logical and not cause doubt. Second, the evidence applied at the time of the Industrial Relations Dispute is not in accordance with the situation that occurred in practice, so that it burdens the Workers. In the decision of the Industrial Relations Court Number: 181/Pdt.Sus-PHI/2016/PN.Bdg jo Industrial Relations Decision Number: 82/Pdt.Sus-PHI/2016/PN.Bdg is not in accordance with the Laws and Regulations in Indonesia.
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Jobin, Pierre-Gabriel. "Les réactions de la doctrine à la création du droit civil québécois par les juges : les débuts d'une affaire de famille." Les réactions de la doctrine à la création du droit par les juges 21, no. 2 (April 12, 2005): 257–75. http://dx.doi.org/10.7202/042384ar.
Повний текст джерелаАнотація:
The middle of the twentieth century marked a turning point in the history of scholarly writings on the civil law in Québec. The emergence of a full-time teaching body in the law faculties entailed consequences of primary importance: publications gained not only in quantity, but also in quality and diversity and, in particular, the reactions of legal writers to judge-made law became frequent and substantial. The relations between legal writers and judges illustrate, here as elsewhere, the particular situation of the Québec legal system at the crossroads of civil law and common law. For instance, due to the British-inspired method of appointing judges and some local traditions, judges are personally known to many professors. Furthermore, decisions of the courts, most of the time, are written in a learned style, the merits of the legal issues being discussed and doctrinal opinions being quoted with approval or criticism. These relations between the writers and the judiciary may explain the great interest of legal writers in judge-made law and their perhaps insufficient sense of critical responsibility vis-à-vis that law. Legal writers and judges have the great advantage of speaking the same language and of maintaining a dialogue — an advantage which benefits law itself and the whole community.
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Кроз, Марина, and Marina Kroz. "Legal regulation challenges of «labour leasing»." Advances in Law Studies 2, no. 2 (May 1, 2014): 87–92. http://dx.doi.org/10.12737/5580.
Повний текст джерелаАнотація:
The article discusses the current regulatory matters of «Labour Leasing». According to the Federal Law these relations are qualified as labour relations with the legal forms of mediation. The article describes the main provisions of a legislative act. The author gives a critical assessment of the Act and identification provisions used of the contract model and temporary transfer design. The article concludes about non-compliance with the principles of the Act and contractual freedom and general provisions of the Labour Law of the Russian Federation. In addition, the author uses peremptory norms of the Act with determining the form, transfer personnel treaty. It expands attracting subjects of entrepreneurial activity to administrative responsibility.
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Shatzmiller, Maya. "Women and Wage Labour in the Medieval Islamic West: Legal Issues in an Economic Context." Journal of the Economic and Social History of the Orient 40, no. 2 (1997): 174–206. http://dx.doi.org/10.1163/1568520972600748.
Повний текст джерелаАнотація:
AbstractThe evidence of the late medieval period, 11th-15th centuries, indicates that women's participation in the labour market was both considerable and diversified. This paper studies whether and how women's wage labour was affected, controlled and regulated by laws, courts and judges, by using an array of the Mālikī legal sources from Muslim Spain and North Africa. It shows the existence of a legal approach straddling a strict application of the law of the ijāra, with adjustments to family law and admission of customary law, but more importantly, an approach inspired and adapted to the framework of women's property rights and therefore beneficial to them.
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Karimov, Rinat Mikhailovich. "Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation." Юридические исследования, no. 11 (November 2019): 12–20. http://dx.doi.org/10.25136/2409-7136.2019.11.31392.
Повний текст джерелаАнотація:
In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges.
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Fisher, Fern A. "Why Judges Support Civil Legal Aid." Daedalus 148, no. 1 (January 2019): 171–76. http://dx.doi.org/10.1162/daed_a_00550.
Повний текст джерелаАнотація:
To fulfill their role as neutral deciders in an adversarial legal system, judges need lawyers. Unrepresented litigants tax the court system and burden the people who work in it. Judges around the country, of all political stripes, are resolute in their support of civil legal aid. Judges support civil legal aid because they value equal justice and the protection of the disadvantaged. They support legal aid because it assists in the efficient and effective administration of the courts they run. They also support legal aid out of self-interest, because it makes their work lives less threatened and more effective.
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Ryabtseva, Ekaterina V. "The Role of Judicial Councils as Authorities of the Judicial Community in Individual Regulation of Judicial Activities." Russian judge 2 (February 4, 2021): 36–40. http://dx.doi.org/10.18572/1812-3791-2021-2-36-40.
Повний текст джерелаАнотація:
The activity of councils of judges in Russia is of a systemic nature, including various forms of individual influence on legal relations: opinions, resolutions, consulting on the prevention of corruption, compliance with ethical standards, prevention of conflicts of legal interests, and other reputational risks. The paper considers one of the activities of the councils of judges in the form of preparation of conclusions, which play a significant role in the formation of a uniform law enforcement practice in the process of individual regulation of judicial activity. The conclusions are of an explanatory nature and are taken into account by the qualification collegiums of judges when making decisions regarding judges and candidates for the position of judges. The essence of the conclusions of the councils of judges is substantiated as a kind of individual regulation of legal relations. The analysis of individual conclusions of the councils of judges made it possible to classify various methods of individual regulation in the process of law enforcement. It is concluded that the councils of judges are the subject of law enforcement, which, through individual regulation, provide certainty in the assessment of reputational risks, their prevention and suppression in the behavior of a judge through the interpretation of the principles and norms of law; overcoming conflicts in law; the use of optional, alternative, relatively specific, dispositive, etc. principles and norms of law; overcoming gaps in law; individualization of law in the form of opinions, decisions, consultation.
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Joseph, P. A. "Perfecting the Administrative Solution to Labour Disputes: Postscript." Relations industrielles 38, no. 4 (April 12, 2005): 863–68. http://dx.doi.org/10.7202/029409ar.
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« The judges lack the intimate knowledge of the very dynamic process of industrial relations and collective bargaining. For these reasons...the new labour code has removed the court's jurisdiction over labour disputes...The new law seeks an administrative rather than a judicial solution to labour disputes. »** * JOSEPH, P.A., Faculty of Law, University of Canterbury, New Zealand. ** BRITISH COLUMBIA LEGISLATIVE ASSEMBLY DEBATES (1973) (Third Session), at 399-400 per the Hon. W.S. King, Minister of Labour.
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SCHJOLDEN, LINE. "Sentencing the Social Question: Court-Made Labour Law in Cases of Occupational Accidents in Argentina, 1900–1915." Journal of Latin American Studies 41, no. 1 (February 2009): 91–120. http://dx.doi.org/10.1017/s0022216x08005129.
Повний текст джерелаАнотація:
AbstractThis article shows how Argentine judges effectively came to make labour law when ruling in occupational accident cases between 1900 and 1915. During this period, in the absence of a specific occupational accident law, a number of Argentine workers who had been victims of occupational accidents sued their employers for damages according to the Civil Code. By reinterpreting the principles of the Civil Code in these cases, Argentine judges attempted to accommodate aspects of a new social and economic reality to an increasingly outdated legal framework. The article argues that, in doing so, these judges articulated their own solution to one of the central issues of the time: the ‘social question’. Furthermore, the article shows how the judiciary's particular solution to the social question effectively defined the kind of citizenship rights workers were able to claim in court.
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Svitenok, M. I. "PECULIARITIES OF LEGAL REGULATION OF LABOUR RELATIONS DURING QUARANTINE." Comparative-analytical law, no. 1 (2020): 260–62. http://dx.doi.org/10.32782/2524-0390/2020.1.63.
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Zaykov, Denis. "Combating Nepotism in Labour Relations: Legal Regulation and Enforcement." Law. Journal of the Higher School of Economics, no. 2 (June 10, 2017): 102–15. http://dx.doi.org/10.17323/2072-8166.2017.2.102.115.
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Ryabtseva, E. V. "The Role of the Conclusions of the Council of Judges of the Russian Federation in the Prevention of the Emergence and Development of Conflicts of Legal Interests in the Judicial System of Russia." Rossijskoe pravosudie 12 (November 13, 2020): 56–66. http://dx.doi.org/10.37399/issn2072-909x.2020.12.56-66.
Повний текст джерелаАнотація:
The growing role of the judicial community in reforming the judicial system actualizes the scientific problems of law enforcement associated with understanding the essence of the regulatory impact of the Councils of Judges of the Russian Federation as a body of the judicial community to prevent the emergence of conflicts of legal interests in judicial activity. The purpose of the research is to theoretically substantiate the essence of individual regulation of conflicts of legal interests by the Council of Judges of the Russian Federation, aimed at optimizing its activities to combat corruption. The worldview and methodological basis were the works of theoretical scholars and their methods of integrative understanding of law to substantiate the impact of the Council of Judges of the Russian Federation on judicial activity through individual regulation. The conclusion is substantiated that the activities of the Commission of the Council of Judges of the Russian Federation on Ethics, related to the drawing up of opinions on the assessment of conflicts of legal interests and other corruption risks for both acting judges and retired judges, is an individual regulation of legal relations through: interpretation of law; overcoming gaps and conflicts in the law; individuali zation of rights, etc. The content of the interpretation of law by the Commission of the Council of Judges of the Russian Federation on Ethics is: the application of certain norms of both international and national law in a specific legal relationship when assessing conflicts of legal interests among judges through a systematic interpretation of the norms of law as a system of elements, defining its role in law, identifying other norms, as well as the principles of law; interpretation of the principles and norms of law, through the legal-logical interpretation of a normative act as logically interconnected structural elements of a single, internally agreed and consistent system of principles and norms of law, when deciding on the presence of conflicts of legal interests in the activities of judges, etc. The paper substantiates that in relation to conflicts of legal interests, individualization should be aimed at determining by the Council of Judges of the Russian Federation typical situations of such conflicts for their correct assessment and development of recommendations related to the optimal behavior of judges, when circumstances arise that lead to conflicts of legal interests.
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Arold, Nina-Louisa. "The European Court of Human Rights as an Example of Convergence." Nordic Journal of International Law 76, no. 2-3 (2007): 305–22. http://dx.doi.org/10.1163/090273507x225800.
Повний текст джерелаАнотація:
AbstractThe article summarizes the main findings of a study on the legal culture of the European Court of Human Rights (ECtHR). 1 Special attention is given to the question of how individual legal, vocational, historical and other experiences of the judges have an impact on their voting behaviour. Starting from the debate on convergence and divergence of law, it is legitimate to expect that these formative differences in individual experiences of the judges should matter. Surprisingly, the results gained through interviews, field study and empirical analysis of judgments show that their diversities in background are no hinder to convergence inside the Court. Especially, it is not the mentalités of the judges that create problems to the coming together of differences. Instead, it is in fact the mentalités of judges that promote convergence through pushing specific ideals and fostering homogeneity.
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Woods, H. D. "Power and Function in Labour Relations." Relations industrielles 15, no. 4 (February 3, 2014): 441–52. http://dx.doi.org/10.7202/1021910ar.
Повний текст джерелаАнотація:
Summary The Author contends that the legal framework which has developed in Canada to deal with collective bargaining has been less favourable to the emergence of strong unions and effective collective bargaining than in the American case. This is explained better by fortuitous (and notably constitutional) circumstances than by calculated policy decisions. Canadian pragmatism in this field has led to a relatively massive State intervention which has strongly affected the basically unstable power relationship between labour and management. And the trend is increasing.
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Tsvetkov, Yuri Anatol'evich. "The Independence of the Judges in the Governance of the Judicial System." Russian Journal of Legal Studies 6, no. 1 (December 15, 2019): 73–88. http://dx.doi.org/10.17816/rjls18472.
Повний текст джерелаАнотація:
The study is aimed at improving the legal and organizational mechanisms that ensure the implementation of the constitutional principle of the independence of judges and the independence of the judiciary. The category of independence of judges is analyzed through the prism of administrative relations in the judicial system, as well as in relation to the level of political maturity of society. Real subjects, aims and tools of management of judges are identified, as well as gaps in the legislation on the status of judges, creating conditions for limiting their independence. The author substantiates the thesis that the problem of the independence of the judiciary rests not only in the question of the balance between external and internal governance, but in the relationship between the judiciary and society. The research methodology is based on the intersection of legal and management analysis. Its conceptual basis is the so-called management approach in law, the initial premise of which is the assertion of the absence of “pure” legal relations, if their participants are subjects that are elements of organizational systems (courts, law enforcement agencies, etc.). These relationships always deviate to some extent from the ideal goals, as set out in the law, towards the goals dictated by organizational effectiveness. The research is based on the empirical base: the data of judicial statistics, the results of sociological research, the data of the included observation - the author’s experience as a magistrate and Federal judge. The study concludes that the strengthening of the independence of judges can occur only with the joint action of the judicial community and civil society. Specific organizational and legal measures aimed at increasing the independence of judges are proposed.
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Manin, Iaroslav. "Legal status of court assessors." Полицейская и следственная деятельность, no. 4 (April 2020): 1–19. http://dx.doi.org/10.25136/2409-7810.2020.4.34860.
Повний текст джерелаАнотація:
The research subject is the legal status of jurors and commercial court assessors; the research object is social relations emerging during the implementation of substantive and procedural rules defining the status of the above mentioned categories of assessors according to the Russian national legislation as judges ad hoc. The author analyzes the legislation regulating the jurors and commercial court assessors focusing on its interpretations - judicial and doctrinal. The research contains the discussions with Russian scholars on the research topic, generalizes their views, describes contradictions and demonstrates the differences in their opinions. The author uses the statistical and other methods and arrives at particular conclusions. The author places the conclusions and suggestions both in the very text and in the executive summary of the article. The main is the conclusion about the equality of legal statuses of federal judges, jurors and commercial court assessors, and the equality of the statuses of federal judges emeritus and court assessors with the expired tenure. The novelty of the research consists in particular suggestions about the improvement of the legislation and detailed (compared with other works) elaboration of the status of court assessors. The author’s contribution consists in the elaboration of the problem which is of theoretical and practical importance, and is particularly urgent in the context of the judicial reform and law enforcement activities affecting protected persons.
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Хассельбальк, Оле, and Ole Khasselbalk. "NORDIC LEGAL SYSTEM: ROOTS, STRENGTH, TRENDS." Journal of Foreign Legislation and Comparative Law 5, no. 2 (October 15, 2019): 1. http://dx.doi.org/10.12737/art.2019.2.1.
Повний текст джерелаАнотація:
In this article different aspects of rooting, strengthening and trends of the Nordic Legal System (Nordic Law) are discussed. The Nordic Law is considered to be a sum of the legal systems of the countries, which are situated on the Scandinavian Peninsula. Apart of it the concept principles, particularities and advantages of this legal system are analyzed in comparison with the others. The author points the historical background and conditions of this legal system’s appearing and defines the periodization of this legal system strengthening process. He lights out five stages of the mentioned process. Besides this and according to the author’s viewpoint the Nordic Legal System should be characterized as the one of the traditional type and it differs substantially if it is compared to the Roman-Germanic or to the Anglo-Saxon (Anglo-American) legal systems, having the unique legal dimensions. Further in the article the law — making process, the order of parliamentary acts adopting, the laws using practice and handling the custom as a source of law in the Scandinavian countries are described and analyzed. Special attention is paid to the role of courts and judges in the law-making process, their influence on the formation of legal systems and legislation in the Nordic countries. In particular, the article notes the existence of a conflict between judges and parliamentarians. It lies in the fact that judges are not always satisfied with the quality of acts of Parliament, on the basis of which it is not always possible to fairly resolve the case in court. In addition, the author considers the functioning of public and private law institutions in the system of regulation of public relations. At the same time, the author pays the necessary attention to the regulation of social relations in those areas of public life that are not covered by acts of Parliament and in which contractual regulation in interpersonal relations and regulation of the activities of public organizations on the basis of self-regulation are possible. The problem of legal protection of individuals is considered.
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Кривой, Виктор, and Victor Krivoy. "Christianity — labour — law: proactive thinking." Advances in Law Studies 1, no. 6 (December 31, 2013): 310–19. http://dx.doi.org/10.12737/2149.
Повний текст джерелаАнотація:
In this article the author draws attention of the legal (and not only legal) scientific elite to the religious component of the regulation of social relations in order to promote the revival of genuine moral principle in all areas of working life jointly (in union).
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Doppelt, Jack C. "Strained Relations: How Judges and Lawyers Perceive the Coverage of Legal Affairs." Justice System Journal 15, no. 1 (May 1991): 419–44. http://dx.doi.org/10.1080/23277556.1991.10871137.
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Kyrychenko, T. "POSITIVE FOREIGN EXPERIENCE OF LEGAL REGULATION OF LABOUR LAW RELATIONS." “International Humanitarian University Herald. Jurisprudence”, no. 44 (2020): 94–99. http://dx.doi.org/10.32841/2307-1745.2020.44.21.
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