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Journal articles on the topic 'Conclusion of an employment contract'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

Rakhimberganova, Bonu. "CONCLUSION OF A FIXED-TERM EMPLOYMENT CONTRACT: RIGHT OR OBLIGATION?" American Journal of Political Science Law and Criminology 6, no. 8 (2024): 11–17. http://dx.doi.org/10.37547/tajpslc/volume06issue08-03.

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This paper explores the legal intricacies of fixed-term employment contracts within the context of Uzbekistan’s labor laws, particularly focusing on the differences between the Labor Codes of 1995 and 2022. The study examines whether the grounds provided in the legislation for employers to conclude fixed-term contracts are rights or obligations. The analysis reveals that the 1995 Labor Code restricts employers’ rights to conclude fixed-term employment contracts under certain conditions, suggesting that in some cases, entering into a fixed-term contract is not merely a right but an obligation.

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Paryagina, O. A. "Legal Issues of Employment and Conclusion of an Employment Contract." Siberian Law Herald 4 (2023): 50–57. http://dx.doi.org/10.26516/2071-8136.2023.4.50.

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The problems of legal regulation in Russia of prohibitions and restrictions on the conclusion of an employment contract, as well as the provision of additional guarantees or preferential rights to applicants in employment, are highlighted. The author argues that it is expedient to enshrine in article 64 of the Labor Code of the Russian Federation a ban on refusing to conclude an employment contract for disabled persons sent to work within the established quota. It is argued that, as a rule, legal ties in employment relations with the employer are implemented in the “right-right” type, which do

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3

Sokolenko, N. N. "Conclusion of an employment contract: some problems." Voprosy trudovogo prava (Labor law issues), no. 6 (June 30, 2023): 324–31. http://dx.doi.org/10.33920/pol-2-2306-01.

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In modern conditions, a labor contract is a form of individual labor regulation that allows you to across-the-board assess the personal abilities of an employee, personalize his labor duties, individualize, specify working conditions, including the employer’s ability to establish benefits and guarantees, in addition to those established by law. However, the analysis of law enforcement and judicial practice of concluding an employment contract allows us to talk about some problems of legal regulation that need to be solved.

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Ershova, E. A. "Conclusion of a Fixed-Term Employment Contract: Theoretical and Practical Problems." Rossijskoe pravosudie 9 (August 21, 2020): 49–56. http://dx.doi.org/10.37399/issn2072-909x.2020.1.49-56.

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In the article theoretical and practical problems of the conclusion of the fixed-term employment contract are researched, and also the legislation and positions of the Soviet and Russian scientific workers are analyzed. The conclusion is made: fixed-term employment contracts may be concluded only in cases stipulated by federal laws adopted in accordance with Article 55 of the Constitution of the Russian Federation, and not by «agreement» of the parties to the employment contract.

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Ostapenko, Iu. "FOREIGN ECONOMIC CONTRACT: FEATURES OF CONCLUSION." Scientific heritage, no. 104 (January 8, 2023): 68–75. https://doi.org/10.5281/zenodo.7513825.

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The article proves that there are many controversial issues and conflicts in relation to the foreign economic contract today. Proceeding from this, based on the prescriptions of international and Ukrainian legislation, it is substantiated that the essential conditions of foreign trade are: goods, their quantity, value and quality; place and term of delivery; responsibilities of the parties; dispute resolution procedure. Therefore, the parties must agree on them when entering into a contract of employment. It was established that the role of international commercial agreements as regulators of

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Zavgorodniy, Alexander V. "Reasons for the instability of labor relations between teachers and educational organizations of higher education in the Russian Federation." Russian Journal of Labour & Law 14 (2024): 63–76. http://dx.doi.org/10.21638/spbu32.2024.104.

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When concluding an employment contract, its parties: a teacher and an educational organization of higher education (employer) are mutually independent, free and equal. However, when determining the content (conditions) of an employment contract, it is hardly possible to rely only on the equality of the parties. Both the teacher and the employer, when determining the terms of the employment contract, first of all, defend their interests. When a compromise is reached and an employment contract is concluded, one can count on the stable nature of the employment relationship. In this case, when con

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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.

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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

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Dilihul, A. S. "CONCLUSION AND TERMINATION'S FEATURES OF AN EMPLOYMENT CONTRACT: PRACTICAL ASPECTS." Actual problems of native jurisprudence, no. 1 (2024): 126–29. http://dx.doi.org/10.32782/2408-9257-2024-1-23.

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Serova, A. V. "Smart contract and employment contract: are they compatible?" Voprosy trudovogo prava (Labor law issues), no. 8 (August 27, 2023): 452–61. http://dx.doi.org/10.33920/pol-2-2308-01.

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Smart contract is one of the most developing digital technologies in the field of civil turnover. The question of the legal nature of smart contracts in civil law is debatable. At the same time, it is already necessary to determine the legal possibility of introducing smart contracts in relation to an employment contract. The article analyzes the positive aspects of a smart contract, the potential of which could be revealed in the field of labor. A number of legal obstacles to the conclusion of an employment contract in the form of a smart contract are identified. It is concluded that relation

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10

Khadjaeva, Saodat. "IMPORTANCE OF ELECTRONIC EMPLOYMENT CONTRACT." JOURNAL OF LAW RESEARCH 6, no. 9 (2021): 33–40. http://dx.doi.org/10.26739/2181-9130-2021-9-4.

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This article discusses issues related to the importance of an electronic contract concluded electronically.Inthearticle,specialattentionispaidtoissuesrelatedtothecomprehensivedisclosureofongoingreforms,improvementoflaborlegislation,aswellasputforwardproposalsforconcludinganemploymentcontractelectronically.Atthesametime,thisworkrevealsthecurrentpracticeofconcludingandregisteringanelectroniccontractanditsadvantages.In this scientific publication were analyzedopinions of scientists on the translation of an employment contract into electronic form and other issues related to an employment contract

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11

Кичигин, Сергей, and Sergey Kichigin. "Start of Employment Contract." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 3, no. 2 (2019): 173–80. http://dx.doi.org/10.21603/2542-1840-2019-3-2-173-180.

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Determining the moment when an employment contract comes into force has a pronounced practical value as it marks the beginning of mutual rights and obligations. It allows the employer to record an individual as an employee when calculating the average staff number, calculating work experience, granting a paid leave, etc. In the text of the Labor Code of the Russian Federation there is no definition of the notion of “start of employment contract”. However, it is possible to deduce a single rule for all cases: the employment contract takes effect from the moment of the labor relationship that ar

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12

Krasnoyarova, E. V. "Conclusion of an employment contract with the head of the organization." Voprosy trudovogo prava (Labor law issues), no. 6 (June 30, 2021): 412–20. http://dx.doi.org/10.33920/pol-2-2106-01.

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The conclusion of an employment contract with the head of the organization differs to a certain extent from the registration of labor relations with an ordinary employee. In most cases, preliminary procedures are required. This article focuses on the emergence of labor relations with the heads of organizations of various organizational and legal forms and forms of ownership, considered certain problematic issues, including judicial practice, which makes it possible to make proposals for improving labor legislation.

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13

Onufriienko, D. V. "CONCLUSION AND TERMINATION OF AN EMPLOYMENT CONTRACT WITH A PEDAGOGICAL EMPLOYEE." Juridical scientific and electronic journal, no. 4 (2025): 204–8. https://doi.org/10.32782/2524-0374/2025-4/46.

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14

Filchakova, Sv Yu. "Employment contract with a minor employee." Voprosy trudovogo prava (Labor law issues), no. 1 (January 27, 2024): 11–21. http://dx.doi.org/10.33920/pol-2-2401-02.

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The article discusses current problematic aspects related to concluding an employment contract with minors. As a result of the study, the conclusion is substantiated about the need to improve the labor legislation of the Russian Federation in order to fully implement the right to work and effectively protect workers under 18 years of age.

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15

Vereitin, S. V. "Content of the contract as a type of employment contract." Bulletin of Kharkiv National University of Internal Affairs 101, no. 2 (Part 2) (2023): 96–108. http://dx.doi.org/10.32631/v.2023.2.40.

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The current state of legal regulation of mandatory and additional terms of employment contracts and contracts in Ukraine has been studied and its shortcomings have been identified. It has been specified that a rather long legislative uncertainty regarding mandatory and additional terms of an employment contract and the current conflict of legislation on this issue have led to the existence of different positions in the science of labour law regarding the terms of an employment contract. Scientists’ views on the essence of the content of an employment contract have been analysed. It has b

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16

Poruban, Andrej, and Karol Krajčo. "DIVISION OF ONE EMPLOYMENT CONTRACT BETWEEN TWO EMPLOYERS." Sociálno-ekonomická revue 19, no. 1 (2021): 46–51. http://dx.doi.org/10.52665/ser20210105.

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The paper deals with the possibility of division of rights and obligations arising from employment contracts for one employee for several employment relationships part-time. The conclusion of the pre-contractual process in employment relations is the conclusion of an employment contract, which establishes an employment relationship. Within it, one undertakes to perform dependent work for pay for the other. It is a socio-economic relationship, because its nature is not only property but also personal, not only in the sense of personal performance of work. By including the employee in the organi

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Kartashova, G. N. "Conclusion and termination of an employment contract with employees under the age of 14." Voprosy trudovogo prava (Labor law issues), no. 2 (February 23, 2023): 82–87. http://dx.doi.org/10.33920/pol-2-2302-03.

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The article deals with topical issues of legal regulation of the conclusion and termination of an employment contract with employees under the age of 14. The author draws attention to issues that are not regulated in legislation, but raise questions in practice. The article also raises the question of the relationship between labor and civil law contracts in the regulation of the labor of minors.

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18

Moras-Olaś, Kinga. "Is the Existing Model of Preventing the Abuse of Fixed-Term Employment Contracts in Poland and Germany Sufficient in the Face of the COVID-19 Pandemic?" Studia z zakresu Prawa Pracy i Polityki Społecznej 29, no. 4 (2022): 445–56. http://dx.doi.org/10.4467/25444654spp.22.037.16582.

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The need to prevent the abuse of fixed-term employment contracts, having its legal basis in the framework agreement on fixed-term work, implemented by Council Directive 99/70/EC, may have been weakened by the tendency to become more flexible in the face of the socio-economic conditions related to the coronavirus pandemic. From the point of view of an employee, it is important to be employed under an employment contract, ultimately for an indefinite period. Long-term employment on a temporary contract is associated with the phenomenon of precarization of employment and leads to segmentation in

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19

Slawson, W. David. "Unilateral Contracts of Employment: Does Contract Law Conflict With Public Policy?" Texas Wesleyan Law Review 10, no. 1 (2003): 9–32. http://dx.doi.org/10.37419/twlr.v10.i1.2.

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Section II will state cases from each of these groups to show the reasons the courts gave for reaching their decisions and some of the decisions' consequences. Section III will explain how existing contract law should apply both to the initial creation of employment rights and to their subsequent amendment. An explanation of the rights' initial creation is included because in my opinion, it was their misunderstanding of this that misled so many of the courts into allowing the employer to reduce or eliminate the rights unilaterally. Section IV will show that the new contract law the courts in t

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20

Shoniya, G. V. "Employment Contract in France." Actual Problems of Russian Law, no. 7 (July 1, 2018): 224–31. http://dx.doi.org/10.17803/1994-1471.2018.92.7.224-231.

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The article examines some issues of the institution of the employment contract in France. The author examines the concept of an employment contract in the 1980s of the last century and in the present period, draws attention to the changes and reforms of labor legislation that have been carried out in recent years. At the end of the article, the author summarizes the results of the analysis and suggests conclusions. It is noted that the experience of French legislation, taking into account the diversity and specificity of labor of various categories of workers and forms of employment, deserves

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21

Makovii, Viktor, Svitlana Voloshyna, Yaroslav Kushnir, Iryna Mykhailova, and Serhii Tsarenko. "Contract for the Provision of Services and Labor Contract: A Comparative Analysis of Consequences for Parties Under Ukrainian Legislation." European Journal of Sustainable Development 10, no. 1 (2021): 466. http://dx.doi.org/10.14207/ejsd.2021.v10n1p466.

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The article analyzes the legal consequences of concluding a labor contract and a contract for the provision of services. The need for such an analysis is due to the fact that employers often prefer to conclude civil law contracts with employees instead of labor contracts, since the latter are less beneficial for them. At the same time, for an employee, the conclusion of a contract for the provision of services instead of an employment contract entails the deprivation of all guarantees provided for by labor legislation. The historical prerequisites for the existence of similarities between labo

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22

Duraj, Tomasz. "COOPERATIVE EMPLOYMENT CONTRACT AS THE BASIS FOR ESTABLISHING AN EMPLOYMENT RELATIONSHIP." Roczniki Administracji i Prawa specjalny, no. XXI (2021): 261–73. http://dx.doi.org/10.5604/01.3001.0015.6116.

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The subject of the foregoing study is the characteristics of the cooperative employment contract, which is the basic form of employment of worker cooperatives members, and, in principle, is used only there. The legislator requires that, in addition to the cases laid down in the provisions of the Cooperative Law, the cooperative member is employed for the entire duration of the membership on the basis of a cooperative employment contract, which has a significant impact on the way in which the contract is concluded and its content. Pursuant to Article 182 of Cooperative Law, as soon as a person

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23

ŢOP, Dan. "CONSIDERATIONS REGARDING THE CONTINUATION OF THE EMPLOYMENT RELATIONSHIP OF THE EMPLOYEE WHO HAS REACHED THE STANDARD PENSION AGE." Valahia University Law Study 38, no. 2 (2022): 41–47. http://dx.doi.org/10.53373/vuls.2021.38.2.003.

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The continuation of the activity in the same position as a result of the annual extension of the individual employment contract, does not take place for more than three years by concluding, every year, an additional act to the individual employment contract. The addendum does not transform the individual employment contract of indefinite duration into an individual employment contract of fixed term. The conclusion of a new individual fixed-term employment contract is required only in the event that the initial contract terminates by right, and the employee in question becomes a retiree and to

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24

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.

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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 extensiv

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25

ROBA, Roxana. "PROBATION PERIOD IN THE INDIVIDUAL LABOR CONTRACT. THEORETICAL AND PRACTICAL ASPECTS." Curentul Juridic/Juridical Current 98, no. 3 (2024): 53–61. http://dx.doi.org/10.62838/cjjc-2024-0020.

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To check the skills of the employee, at the conclusion of the individual employment contract for an indefinite period, a probation period of no more than 90 calendar days may be established for the execution functions and no more than 120 calendar days for management positions. The probation period is, as a rule, optional, in the individual employment contract and is stipulated in the form of a contract clause. There are a number of important advantages in this way of checking the skills of the employee, which is why in practice it is frequently used by the parties of the individual employment

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Shinkareva, O. V., and P. V. Soloduha. "Medical professionals: features of the conclusion of an employment contract on an external part-time basis." Buhuchet v zdravoohranenii (Accounting in Healthcare), no. 5 (May 18, 2023): 44–50. http://dx.doi.org/10.33920/med-17-2305-05.

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The article is devoted to the study of the peculiarities of concluding an employment contract with medical officers when hiring them on an external part-time basis. It is noted that the medical organization when concluding such a contract must take into account a number of features. It is noted that there are maximum limit standards for the work of part-time workers, which should not exceed 4 hours per day (with a number of exceptions) and half of the monthly norm for the corresponding category of employees. At the same time, in some cases, restrictions may be different — for example, certain

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27

Monusova, Galina A. "Type of Employment Contract and Subjective well-being." Sociological Journal 25, no. 3 (2019): 46–66. http://dx.doi.org/10.19181/socjour.2019.25.3.6675.

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Transformation of the industrial relations in the European countries is often associated with the expansion of various non-standard forms of employment, among which is temporary or fixed-term employment. Fixed-term contracts are associated with erosion of the existing social model, and can affect objective (like earnings and working conditions) as well as subjective (like satisfaction or feelings of stress) workers’ well-being. The focus of this study is the subjective well-being of those who have fixed-term employment contract in comparison with holders of the open-ended contract. Sociologica

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Sarbini. "Analisis Hukum Bagi Pekerja Kontrak Yang Di Phk Sebelum Masa Kontrak Berakhir Menurut Undang-Undang Cipta Kerja." YUSTISIA MERDEKA : Jurnal Ilmiah Hukum 8, no. 2 (2022): 119–24. http://dx.doi.org/10.33319/yume.v8i2.198.

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Abstract— The purpose of this study is to determine the legal protection of contract workers in Termination of Employment, to prevent arbitrary termination of employment and to analyze the rights of contract workers who have been subject to Termination of Employment (PHK). The method used in this study uses normative legal research. namely relying on secondary data as the main data source. The conclusion of the analysis of contract workers who are laid off during the contract period must be given their rights while working until the end of the contract, and contract workers can take legal acti

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Komkov, S. A. "Contracts in labor and civil law: issues of unity and differentiation." Siberian Law Herald 1 (2023): 33–37. http://dx.doi.org/10.26516/2071-8136.2023.1.33.

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It is noted that the employment contract has historically emerged as a civil contract. It is indicated that in Roman private law it was a contract for the employment of a free person’s labor force for a period under which one person, the locator (from Latin – landlord), placed at the disposal of another, the tenant, his labor force, his labor (operae) for a certain remuneration (hiring a worker, coachman, etc.). The features that distinguish the labor contract from civil law contracts, in particular, the fact that in an employment contract the subject is the work itself, and not its result, as

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Belozerova, K. A. "Adjusting the Content of the Employment Contract to the Actual Circumstances." Herald of Omsk University. Series: Law, no. 3 (2024): 70–79. http://dx.doi.org/10.24147/1990-5173.2024.21(3).70-79.

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Introduction. The terms and conditions of an employment contract are largely determined by the circumstances and conditions under which the employment contract was concluded. Within a sufficiently long period of labor relations, changes in external factors affecting the content of the employment contract are often inevitable. As a result of such changes, the parties to the employment relationship have a need to change the terms of the employment contract, to bring these terms in line with the actual circumstances. Purpose. The author's goal is to identify and justify the need to change the ter

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Ofman, E. M. "The mechanism of exercising the employee's right to conclude an employment contract and the formation of its content." Law Enforcement Review 8, no. 1 (2024): 82–91. http://dx.doi.org/10.52468/2542-1514.2024.8(1).82-91.

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The subject of the research is the problems of developing an adequate, understandable for the employee and the employer mechanism of exercising the right to conclude an employment contract.The purpose of the scientific article is to confirm the hypothesis that the employment contract in modern conditions is not yet an agreement in its traditional sense, that the defect of will and/or expression of will, which the employee insists on challenging the terms of the employment contract, must be proved by himThe methodology of the study includes a systematic approach, formal-legal and logical interp

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Drozd, O. Yu. "RESTRICTION OF THE FREEDOM OF THE PARTIES TO AN EMPLOYMENT CONTRACT AT ITS CONCLUSION." Juridical scientific and electronic journal, no. 4 (2022): 410–13. http://dx.doi.org/10.32782/2524-0374/2022-4/99.

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Ofman, Elena M. "The mechanism of implementation of the subjective right of the employer to conclude an employment contract and the formation of its content." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 48 (2023): 132–49. https://doi.org/10.17223/22253513/48/12.

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The subjective right of an employer to conclude an employment contract is fixed in Article 22 of the Labor Code of the Russian Federation, however, the mechanism of its implementation is not legally defined. The normative and doctrinal interpretation of the employment contract suggests that the employment contract is understood as an agreement between the parties; the parties to the contract (and the employer first of all) are free to form its content; the employment contract is stable; the basis for signing the employment contract is a decision made by the employee and the employer; the court

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Ali, Annisa Hummatul Maula. "Kecemasan Menghadapi Berakhirnya Masa Kontrak Kerja Pada Karyawan Kontrak PT. Intecon Bangun Persada Jember." Psychospiritual: Journal of Trends in Islamic Psychological Research 2, no. 2 (2023): 77–86. https://doi.org/10.35719/psychospiritual.v2i2.25.

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Feelings of worry, restlessness, anxiety, and unease are common symptoms of anxiety. The anxiety felt by contract employees is fear if the work contract that has been agreed between the company and the employee ends. Worries about their survival make contract employees feel anxious. This research aims to determine the factors that make contract employees feel anxious when facing the end of their work contract at PT. Intecon Bangun Persada. To find out the form of anxiety experienced by contract employees who are facing the end of their employment contract at PT. Intecon Bangun Persada. To find

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Murodullayev, Dostonjon. "OMPARATIVE LEGAL ANALYSIS OF THE LABOR LEGISLATION OF THE CIS STATES REGARDING THE TERMINATION OF EMPLOYMENT CONTRACT DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE PARTIES." Jurisprudence 2, no. 6 (2022): 116–26. http://dx.doi.org/10.51788/tsul.jurisprudence.2.6./xrpt6270.

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This article provides a comparative legal analysis of the labor legislation of the CIS countries in terms of termination of employment contracts due to circumstances beyond the control of the parties. When developing the Labor Codes of the CIS countries, attention was paid to their economic model. In the development of the Labor Code of the Republic of Uzbekistan, the role of the “Uzbek model” chosen by Uzbekistan for a phased transition to a market economy was of particular importance. In the labor legislation of the CIS countries, the death of an employee or employer who is an individual, as

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Agashev, Dmitry V. "Invalidity of the employment contract and recognition of the employment contract as not valid as a promising way to protect labour rights." Russian Journal of Labour & Law 13 (2023): 245–60. http://dx.doi.org/10.21638/spbu32.2023.117.

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The study is devoted to the substantiation and formulation of proposals for the implementation in Russian labour law of a promising way of protecting individual labour rights — invalidity of the employment contract and the recognition of an employment contract as inactive in court, as well as their ratio. Based on the analysis of the labour legislation of the Russian Federation and other states of the EAEU, an analysis is made of the current state of the normative legal regulation of the issues of the invalidity of an employment contract. It is proposed to fix in the Russian labour legislation

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Pertold, Filip, and Lenka Lakotova. "Retirees and motivation to work by the type of employment contract: impact of the Czech reform." International Journal of Manpower 41, no. 5 (2020): 595–617. http://dx.doi.org/10.1108/ijm-12-2019-0544.

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PurposeIn this paper, the authors analyse a 2010 legal reform in the Czech Republic, which allowed retirees to simultaneously receive regular pension benefits and to work on a permanent contract for a period longer than one year. Previously, concurrence of employment and receipt of retirement benefits were only allowed in conjunction with a temporary work contract with a maximum duration of one year.Design/methodology/approachThe authors employ the difference-in-differences method. The authors include only males in the analysis because it is not possible to identify the legal retirement age fo

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Shardanovna, Saida K., Zara A. Khankarova, and Zalina A. Nataeva. "ANALYSIS OF STRATEGIES TO PREVENT LABOR AND EMPLOYMENT RISKS FROM THE POINT OF VIEW OF LABOR LAW." EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 10/3, no. 151 (2024): 67–71. http://dx.doi.org/10.36871/ek.up.p.r.2024.10.03.008.

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There are labor risks in the process of work and employment, which are especially evident in hiring, day-to-day management and the conclusion of an employment contract. The risk factor is relatively high, therefore, it is necessary to strictly regulate labor and employment in order to prevent and eliminate labor and employment risks. At the same time, it will also help to avoid labor disputes or falling into the sphere of labor arbitration and litigation. Based on this, the article will consider the prospect of employment contracts as a starting point, with an emphasis on labor risks and appro

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Shonia, G. V. "Remote Performance of a Labor Function by an Employee: Problems of Theory and Law Enforcement." Lex Russica 76, no. 6 (2023): 48–56. http://dx.doi.org/10.17803/1729-5920.2023.199.6.048-056.

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Periodic bursts of deterioration of the sanitary and epidemiological situation in certain regions and in Russia as a whole make remote performance of a labor function by an employee relevant and in demand. The remote format of work increases economic profitability of the employer’s activities. Transition to remote work is not a formal change of the place of performance of the labor function, it involves a significant organizational and local regulatory restructuring.Mandatory and optional transfer to a remote form of work involves the inclusion of certain terms in the employment contract, as w

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Tsariuk, S. V., O. M. Miroshnychenko, and A. M. Sikun. "EMPLOYMENT CONTRACT AS A GROUND FOR THE EMERGENCE OF EMPLOYMENT LEGAL RELATIONS UNDER CONDITIONS OF MARTIAL LAW." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2022, no. 2 (2023): 120–31. http://dx.doi.org/10.32755/sjcriminal.2022.02.120.

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The article is devoted to the issues of legal regulation of the employment contract as a basis for labor relations emergence in conditions of martial law. In conditions of Russia’s military aggression against Ukraine, this issue has become extremely important. The article examines the peculiarities of concluding an employment contract under martial law. An analysis of the changes made to Article 21 of the Labor Code over the past three years was carried out and the essence of the employment contract was clarified. The norms of the labor legislation, which regulated the employment contract conc

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Sokolenko, N. N., and M. V. Stolyarchuk. "To the question of invaliding an employment contract in the consideration of cases on bankruptcy." Voprosy trudovogo prava (Labor law issues), no. 2 (February 28, 2021): 130–38. http://dx.doi.org/10.33920/pol-2-2102-07.

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The article discusses the issue of the possibility of invalidating an employment contract when resolving disputes related to bankruptcy. Taking into account the theory, labor and civil legislation, as well as the established judicial practice, the authors came to the conclusion that there is no formal possibility and the insolvency of the practice of invalidating an employment contract in bankruptcy cases.

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Dr., Mohammad Muslim Al-Zawahreh. "Jordanian Legal Regulation for Electronic Employment Contracts." International Journal of Recent Research in Electrical and Electronics Engineering (IJRREEE) 11, no. 2 (2024): 1–8. https://doi.org/10.5281/zenodo.11203135.

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<strong>Abstract:</strong> The steps to the study are based on search, systematization, and content analysis of the main laws and jurisprudence that provide support for the electronic employment contract acceptance, in order to identify the limits and possibilities that ensure authorization by electronic means. The practical limitations and possibilities are built on a comparison with the theory, considering the real social and cultural conditions faced by the Brazilian society, especially the employees. The conclusion regarding limitations and possibilities for electronic acceptance of the em

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Kwiecień, Sebastian. "The Worker’s Employment Contract—the Legal Regulations of Interwar Poland." Roczniki Nauk Prawnych 28, no. 4 ENGLISH ONLINE VERSION (2019): 73–97. http://dx.doi.org/10.18290/rnp.2018.28.4-5en.

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In independent Poland, the foundations for a new area of law, that is, labour law were laid, abandoning the previously crucial principle of freedom of contract underlying the contractual relationship between an employee and the employer. On March 16, 1928, the President of the Republic of Poland issued an ordinance on labour contracts, defining mutual obligations of employees and their employers under an employment contract based on which the employee undertook to perform work for the employer against remuneration. The legislator permitted the conclusion of employment contracts in writing, ora

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Seeger, Silke. "Judicial Control of Unfair Terms in Employment Contracts in Scotland and Germany: A Comparative Analysis." International Journal of Comparative Labour Law and Industrial Relations 26, Issue 2 (2010): 141–65. http://dx.doi.org/10.54648/ijcl2010010.

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Employment law practioners in Scotland and Germany have seen several recent cases of varying authority dealing with the unfairness of standard terms in employment contracts. The objective of this paper is to assess and compare two potential legal responses to the unfairness of terms: the implication of terms and the relevant statutory regimes on Unfair Contract Terms in both jurisdictions. A particular focus will be on clauses regarding the employee’s place of work and renumeration. As a result of the comparative study, the author will come to the conclusion that German courts are more incline

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Ofman, Elena M., and Michail S. Sagandykov. "THE MECHANISM FOR CALCULATION OF PAYMENT FOR EMPLOYMENT CONTRACT TERMINATION AN THE INITIATIVE OF THE EMPLOYEE – A PROFESSIONAL ATHLETE." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 41 (2021): 185–92. http://dx.doi.org/10.17223/22253513/41/16.

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To study the issue of establishing a mechanism for calculating the amount of payment in the event of termination of an employment contract at the initiative of an athlete (at his own discretion). Study and logical-content analysis of legislative acts and court decisions on disputes on termination of employment contract at the initiative of a professional sportsman (at his own will); synthesis of concepts and theoretical provisions; generalization of experi-ence of foreign countries. As a results. The analysis of materials of international, foreign and domestic court prac-tice in cases of termi

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Mulasmajić, Aleksandra. "SPECIFIČNOST RADNOG ODNOSA SPORTISTA U ODNOSU NA OPŠTI REŽIM RADNIH ODNOSA." Glasnik prava 14, no. 1 (2023): 67–79. http://dx.doi.org/10.46793/gp.1401.67m.

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The employment relationship of athletes is a specific type of employment relationship that occurs in our legislation. The paper presents the characteristics of the working relationship of the athlete that sets him apart from others; special attention is paid to the important characteristics of the employment relationship of this type of activity. One of the characteristics is reflected in the exclusive conclusion of a fixed-term contract. Sports activity requires athletes to show their maximum physical performance through employment, which decreases over the years, which is one of the reasons

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Kurdiukov, Oleksii. "Employment contract with non-fixed working hours as a tool for adapting the labor market to modern challenges: ad-vantages and risks." Actual problems of innovative economy and law 2024, no. 6 (2024): 14–18. https://doi.org/10.36887/2524-0455-2024-6-3.

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The article is devoted to research on the issue of introducing employment contracts with non-fixed working hours into the labor legislation of Ukraine. The author analyses the impact of current global challenges, such as digitalization, economic crises, the COVID-19 pandemic, and the war in Ukraine, on the modern labor market. The article analyses the amendments to the Labor Code of Ukraine (in particular, Article 211), provides a legislative definition of the specified type of employment contract, and highlights the characteristic features of the latter. The article notes that the type of emp

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Filchakova, S. Yu. "Termination of an employment contract with a remote worker in the absence of interaction with the employer." Voprosy trudovogo prava (Labor law issues), no. 11 (November 30, 2024): 662–70. https://doi.org/10.33920/pol-2-2411-03.

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The study is devoted to current problems associated with the use of an additional basis for terminating an employment contract with a remote worker. An analysis of general and special norms allowed us to formulate the conclusion that in order to apply the grounds for termination of an employment contract due to failure to communicate with the employer without a good reason for employees performing a labor function under the terms of a remote employment contract on an ongoing basis, it is advisable to clarify the workplace remote worker, the procedure for the employer to control the performance

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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.

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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 a

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Zaborovskyy, V. V. "Provision of legal assistance by a lawyer to professional athletes in negotiating and concluding of contracts." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 127–33. http://dx.doi.org/10.24144/2788-6018.2023.01.21.

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This article is devoted to the disclosure of some features of providing legal assistance to professional athletes in relation to the representation of their interests at the stage of negotiations and conclusion of contracts. Other possible activities of a lawyer in the field of sports are also analyzed. Within the framework of this article, attention is focused on the fact that, despite the significant range of types of possible lawyer activity, when the client of the lawyer is a professional athlete, in many cases such activity is limited to help (support) in concluding contracts of the profe

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