To see the other types of publications on this topic, follow the link: Contracts for work and labor.
Journal articles on the topic 'Contracts for work and labor'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Contracts for work and labor.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
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 (February 1, 2021): 466. http://dx.doi.org/10.14207/ejsd.2021.v10n1p466.
Full textAbstract:
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 labor and civil contracts are examined in the article. In order to distinguish between these types of contracts, a comparative analysis of the legal nature and consequences of the conclusion of an employment contract and a contract for the provision of services is carried out. The article analyzes the guarantees that are provided for by labor legislation and are aimed at ensuring the human right to work. It is concluded that when concluding civil contracts, these guarantees are lost, which significantly worsens the position of the employee. In this regard, the article analyzes the recommendations of the International Labor Organization aimed at distinguishing between civil and labor legal relations. The conclusion is made that it is necessary to consider these recommendations in the national legislation of all Member States.
2
Pidpala, Iryna. "Features of seafarers employment contracts." Journal of Education, Health and Sport 9, no. 11 (November 29, 2019): 455–65. http://dx.doi.org/10.12775/jehs.2019.09.11.042.
Full textAbstract:
This article has explored the features of the employment contract of seafarers. The parties to this contract are the seafarer and the shipowner, who have their own subjective rights and obligations, which are defined as contracts of tax and labor law in general. Legal regulation of contracts is carried out by both international and labor legislation of the sailor's country. Objective features of seafarers' labor relations necessitate the establishment of special norms regulating working crew members of seagoing vessels, because they perform the labor functions of seafarers, attract grounds for sectoral differentiation of legal regulation of their work. Certainly, seafarers must be very attentive when concluding a contract, pay attention to the minimum list of clauses of the employment agreement, do not sign an incomplete agreement, make sure about the specified wages, compensation payments, and other conditions, show legal literacy.
3
Svichkarova, Yaroslava. "Attempt № 2 on “improvement of labor legislation on the concepts of non-standard forms of employment” (zero-hours contract)." Law and innovations, no. 1 (33) (April 5, 2021): 46–54. http://dx.doi.org/10.37772/2518-1718-2021-1(33)-7.
Full textAbstract:
Problem setting. Nowadays one of the little-studied forms of atypical employment in the science of labor law is on-call work. At the end of 2020, the Ministry of Economic Development, Trade and Agriculture of Ukraine prepared a draft Law of Ukraine “On Amendments to the Labor Code of Ukraine to regulate some non-standard forms of employment”, which proposed the construction of a zero-hours contract. This was the second “attempt” to introduce the construction of such an employment contract. If we analyze the definition and content of the zero-hours contract contained in the project, we can see that it does not apply to the contract with zero working hours, nor to the contract “minimum-maximum”. This raises a number of questions about its legal regulation and its applicability in practice. Analysis of resent researches and publications. The legal regulation of atypical employment has been analysed by S. Golovin, I. Kiselev, A. Lushnikov, M. Lushnikova, D. Morozov, O. Motsna, N. Nikitina, O. Protsevskyy, O. Rymkevych, V. Soifer, O. Yaroshenko. At the same time, the scientific literature has not yet developed uniform approaches to defining on-call work, the agreements that apply to it, and possible ways of its legal regulation. Аrticle’s main body. “On-call work” is a generalizing concept in relation to both “zero hours” and “minimummaximum” contracts. Based on the etymological meaning of the word “challenge” – a request or demand to appear somewhere, “work on call implies that the employee performs labor functions only when he is invited (called) by the employer. What the minimum-maximum and zero-hour contracts have in common is that the employer has no obligation to hire the employee. The zero-hours contract, which was presented in the draft, does not fully apply to contracts with zero working hours, nor to contracts “minimum-maximum”, and in our opinion, its legal structure needs careful refinement. Conclusions and prospects for the development. In modern conditions, a contract on call can be attractive only to people who are unstable to work (for example, students, retirees, housewives) or those who are looking for an additional source of income. Therefore, we believe that the developers of regulations that will regulate the relations arising from non-standard forms of employment, it would be more appropriate to pay attention to the contract “minimum-maximum”, which is a more optimal form for regulating work on call. The introduction of a domestic employment contract on call will contribute to the legalization of this type of labor relations, while, in our opinion, the protective function of labor law should remain a priority in relation to the economic function.
4
Bilokha, A. "Regarding the concept of employment contract as the basis for the emergence of employment legal relationships." Uzhhorod National University Herald. Series: Law 3, no. 75 (April 11, 2023): 7–12. http://dx.doi.org/10.24144/2307-3322.2022.75.3.1.
Full textAbstract:
The article is devoted to a comprehensive analysis of the concept of an employment contract as a basis for the emergence of labor relations, which characterize the interest and degree of will of the parties to such legal relations. Since the employment contract occupies a central place in the system of labor law, it regulates the will of the parties who conclude it. However, currently the provisions on the employment contract, labor relations arising from such a contract are enshrined in a rather old, in the opinion of the author, normative legal act, which causes the emergence of various approaches in the interpretation of the specific concept of the employment contract. The author considered the concept of an employment contract in accordance with the first part of Article 21 of the Labor Code (hereinafter - the Labor Code of Ukraine), Article 31 of the 2019 draft Labor Code of Ukraine. It was concluded that the concept of an employment contract according to Article 31 of the draft Labor Code of 2019 is more complete and relevant in relation to the definition regulated by the first part of Article 21 of the Labor Code of Ukraine at this stage of the development of legal science and legislation in Ukraine. Exactly in this definition of the concept of an employment contract that the employer's obligation to provide the employee with work and the employee's obligation to personally perform work in the employer's interests appear. Different views of legal scholars on this issue were analyzed and the features of this concept proposed by scientists were investigated. The author outlines the main features of an employment contract, among which it is worth highlighting: the will of the parties, timeliness, compliance with the written form, the extension of guarantees and benefits to the employee, etc. The article defines the moment of the emergence of labor relations, because, according to the author, it is not the same as the moment of concluding an employment contract, and therefore this issue deserves a more detailed consideration. The author also defined the classification and listed the types of employment contracts according to the following standards: according to the time criterion, open-ended, fixed-term employment contracts and contracts concluded for the duration of work are distinguished; according to the form of agreement, they are divided into oral and written; according to the form of labor organization, it is possible to distinguish a contract on out-work, a contract on remote work, an employment contract with non-fixed working hours, etc., and part three of Article 21 of the Labor Code of Ukraine provides for a special form of employment contract - a contract.
5
Lucas, John J., and Jonathan M. Furdek. "Did The Labor Contracts Between The UAW And The Big Three Automakers Work?" American Journal of Business Education (AJBE) 3, no. 1 (January 1, 2010): 9–14. http://dx.doi.org/10.19030/ajbe.v3i1.362.
Full textAbstract:
In the Fall 2007, there were landmark labor contracts agreed upon between the United Autoworkers (UAW) and the Big Three Automakers—General Motors, Ford Motor Company, and Chrysler LLC. The impetus for these truly historic labor agreements was to afford the automakers to remain competitive in the global market while labor was to be protected. Since the passage of these labor contracts, auto sales have continually declined to record lows due to the recession in the United States. This paper will trace the major contractual provisions of these labor agreements and also analyze how effective they were in accomplishing the stated goals for both the UAW and the Big Three automakers. Additionally, the paper will examine the necessary changes needed in these labor contracts if the automakers are to survive in the global economy.
6
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.
Full textAbstract:
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 well as the element of subordination of one party to the employment contract to the other. The cases of joint legal regulation of labor relations by the norms of labor and civil law are indicated. The article analyzes such issues as the construction of the so-called “labor agreement”, as well as the issue of representation in labor relations, in particular, cases of concluding an employment contract with a minor employee under the age of fourteen and limiting the civil capacity of an employee who, due to addiction to gambling, alcohol abuse or narcotic drugs, puts his family in a difficult financial situation. position. Cases are established when civil legal relations may arise between the parties to the employment relationship. It is noted that the legal regulation of social and labor relations should not be based on the independence of the person performing labor activity, as this is characteristic of the method of civil law regulation of social relations related to labor. The necessity of applying the developments of civil servants on the invalidity of transactions to labor contracts and the implementation of the principle of good faith, which determines, among other things, the inadmissibility of abuse of law, is indicated. The conclusion is substantiated that the establishment of unifying signs of labor and civil law contracts corresponds to the practice of applying labor law norms and contributes to the development of the science of labor law.
7
Asai, Yukiko, and Dmitri K. Koustas. "Temporary work contracts and female labor market outcomes." Journal of Economic Behavior & Organization 208 (April 2023): 1–20. http://dx.doi.org/10.1016/j.jebo.2023.02.003.
Full text
8
Ponomarenko, Oksana. "The problem of distinguishing between labour and civil contracts in the gig-economy." Actual problems of innovative economy and law 2024, no. 3 (April 26, 2024): 24–30. http://dx.doi.org/10.36887/2524-0455-2024-3-5.
Full textAbstract:
The author draws attention to the fact that the development of digital technologies has expanded the horizon of opportunities for the subjects of legal relations in which a person exercises the right to work. The subjects of these legal relations, independently exercising their freedom of will and acting in their interests, enter either a civil or an employment contract. However, given that in such legal relations, a person exercising the right to work is usually in the legal status of a weak party, society has faced the problem of abuse by employers. Employers have started giving labor relations, in essence, civil law structures, depriving employees of fundamental social and labor rights and guarantees or severely limiting them. In this regard, science, legislation, and judicial practice faced the problem of finding new approaches to distinguishing between civil and employment contracts, as the concepts of an employment contract established in science no longer correspond to modern conditions. Thus, with the emergence of remote work and other non-traditional forms of labor, the features of a traditional employment contract, which allowed distinguishing it from a contractor agreement, ceased to perform the distinguishing function. The article aims to formulate a new approach to defining the distinguishing features of an employment contract and a civil contract in the digital economy. The author’s analysis of legislation, scientific literature, and case law has concluded that an employment contract in the digital economy has variable features. This means there is a need for legislative consolidation of variants of the features of an employment contract. If two or more of them are present, this will allow recognition of an agreement under which a person exercises the right to work as an employment contract. At the same time, the article draws attention to the fact that a decision in this category of cases should meet the following requirements: The focus when deciding on the legal nature of the contract concluded should be on establishing which contract the person exercising his/her right to work intended. The court should avoid formalism and base its decision on facts. The primary purpose of such a decision is to effectively protect the labor and social rights of a person exercising the right to work. Keywords: right to labour, labour relations, employment contract, employee, employer, employment, remote work, freedom of will of the parties to the employment contract, social function of labour law, guarantees, IT sector, contractual regulation, amendment of an employment contract.
9
Zhang, Cheng, Jirawan Deeprasert, and Songyu Jiang. "Psychological contract and turnover intention in luxury hotels." Problems and Perspectives in Management 22, no. 3 (July 11, 2024): 80–95. http://dx.doi.org/10.21511/ppm.22(3).2024.07.
Full textAbstract:
Human resources are critical assets in the hotel industry, and retaining employees is crucial for the sustainable development of hotels. To reduce employee turnover, the study aims to explore the role of psychological contract and emotional labor on turnover intention. Data from an online survey of 743 employees of luxury hotels in China were analyzed using structural equation modeling (SEM). The results show that employer relational psychological contracts (p < 0.001), employee relational psychological contracts (p < 0.001), and employer transactional psychological contracts (p < 0.01) have an impact on turnover intentions. The study also finds that employee transactional psychological contracts (p > 0.05) do not affect turnover intentions. Furthermore, employee-employer relational psychological contracts (p < 0.01) significantly influence emotional labor, whereas employer transactional psychological contracts (p > 0.05) do not. Emotional labor (p < 0.01) significantly affects turnover intentions. The connection between psychological contracts and turnover intentions is also mediated by emotional labor. These results imply that luxury hotels should prioritize employees’ emotional well-being, create a harmonious work environment, and enhance employee loyalty. This paper provides valuable insights that may reduce turnover and foster sustainable development within the hospitality sector.
10
Andrushko, A. "Establishing the fact of labor relations in court." Uzhhorod National University Herald. Series: Law 3, no. 75 (April 11, 2023): 84–87. http://dx.doi.org/10.24144/2307-3322.2022.75.3.14.
Full textAbstract:
In the field of labor law, the establishment of the fact of labor relations in court is investigated. It is emphasized that the importance of establishing the fact of labor relations lies in the fact that, in its presence, grounds are created for the employee to exercise labor rights, in particular to wages, guarantee, compensation and other social benefits, including benefits related to temporary disability, unfortunate accident at work or occupational disease, etc. Attention is drawn to the fact that in establishing the fact of labor relations, it should be taken into account that between an individual and a business entity, relations regarding the performance of work can arise both on the basis of an employment contract and on the basis of a civil law contract, at the same time, this depends on the nature of work. The theoretical research is conducted taking into account the optimization of labor legislation, that is, finding the best option, finding the optimal model for establishing the fact of labor relations, taking into account the martial law and adapting labor legislation to the standards of the European Union. It is emphasized that in order to avoid disputes about establishing the fact of labor relations, the employer, having a choice to enter into a civil or labor contract, must clearly delimit the scope of application of these contracts and compare it with the work for which the employee is hired. The actions of employers regarding providing employment contracts with the content of a civil law contract, failure to formalize labor relations with an employee who performed work without concluding an employment contract, hinder the realization of the employee's right to work, guaranteed by the Constitution of Ukraine and the Labor Code of Ukraine, as well as the right to social protection in case of unemployment, in case of temporary loss of working capacity, in the event of an accident at work or as a result of an occupational disease, the right to rest, annual paid vacations, the right to healthy and safe working conditions, the right to join trade unions, etc.
11
Mediawati, Noor Fatimah, and Rifqi Ridlo Phahlevy. "The Importance of Employment Contract for Umsida Quality Employees Improvement." Rechtsidee 2, no. 2 (December 1, 2015): 141. http://dx.doi.org/10.21070/jihr.v2i2.106.
Full textAbstract:
The absence of employment contracts in UMSIDA recognized cause some problems. Especially in improving the performance of employees. Issues a little more disturbing harmonious labor relations between employees and UMSIDA. In the terminology of the Labour Act, employment contract terms it is known as the Employment Agreement. Where the existence of labor agreement / contract employment is expected to harmonize the working relationship with the employer in accordance with the applicable rules. The existence of employment contracts is also a legal instrument which according to researchers ought to be put forward in efforts to increase the qualifications and competence of employees. By contract it will also avoid things that are not desirable in an employment relationship, because each party will always carry out their rights and responsibilities are aligned and balanced. Tranquility in the work and the guarantee of legal protection are expected to improve employee performance especially towards quality UMSIDA 2020. So this study explored further the urgency employment contract once its design. How To Cite: Mediawati, N., & Phahlevy, R. (2015). The Importance of Employment Contract for Umsida Quality Employees Improvement. Rechtsidee, 2(2), 141-156. doi:http://dx.doi.org/10.21070/jihr.v2i2.106
12
Stasyuk, S. V., V. V. Maistrenko, V. B. Engstrem, and A. V. Kvitko. "METHODOLOGICAL APPROACHES TO DETECTING UNDECLATED WORK." Labour protection problems in Ukraine 39, no. 3-4 (December 31, 2023): 3–7. http://dx.doi.org/10.36804/nndipbop.39-3-4.2023.3-7.
Full textAbstract:
Negative economic phenomena such as the informal labor market and informal employment in the formal sector are becoming increasingly widespread and pose a major threat to the economy as a whole and to social security in the labor market. These phenomena have the following common features: illegal employment of an employee without entering into an employment contract, which is provided for by the current legislation of Ukraine, concealment of actual working hours and payment of wages "in an envelope", substitution of actual employment contracts with civil and commercial contracts, non-payment of taxes, social insecurity and a high probability of employees being unemployed. At the same time, in the event of an injury in the informal labor market, the injured worker must spend significant funds on treatment without any compensation payments.
The author examines the priority areas of state policy aimed at eliminating the threats of the informal labor market and the main reasons for the spread of informal employment in Ukraine, taking into account the specifics of the current state of the economy, as well as the consequences of informal social and labor relations for both the employee and the state (a significant reduction in the volume of budget revenues, as well as the share of tax revenues). The purpose of this study is to create tools for assessing the status of formalization of labor relations in Ukraine with a view to properly organizing state supervision (control) measures to identify undeclared labor relations, and to ensure uniformity of approaches for labor inspectors to assess the risks of undeclared labor by entities. A phased expert evaluation of measures to reduce production risk at an industrial enterprise with the introduction of weighting coefficients according to certain criteria is proposed. A consistent model for managing the risks of using undeclared labor has been developed, based on a component method for assessing the risk of traumatic events and a mathematical model of management decisions. This model takes into account all available information on labor relations obtained from various sources of its accumulation in the executive authorities, stimulates preventive activities and allows to establish the dependence of the level of occupational risk on the validity of labor protection measures and reduce the influence of the subjective component of expert judgments
13
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) (July 10, 2023): 96–108. http://dx.doi.org/10.32631/v.2023.2.40.
Full textAbstract:
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 been proven that the terms of the employment contract should be considered the terms that are drawn up by its parties. Traditionally, such conditions in labor law are divided into mandatory and additional. The terms of the employment contract are recognized as mandatory, without which the content of the employment contract or contract cannot be considered concluded. Those without which the conclusion of an employment contract or contract is possible are considered additional.
Mandatory and additional terms of the contract have been defined. Mandatory terms of the contract are: place of work; labor function; the moment of the start of the work and the duration of the contract; rights and duties; terms and amount of remuneration; financial support of the employee; labor organization; responsibilities of the parties; terms of termination of the contract. Additional terms of the contract are: term and conditions of the trial; non-disclosure of commercial secrets and other legally protected information; frequency and duration of professional training, retraining and advanced training of the employee; improvement of working conditions, industrial life and recreation; medical and sanatorium provision; social and household benefits and social and cultural services. There is a well-founded need to supplement the Code of Labor Laws of Ukraine with Article 21-2 “Content of the employment contract and contract”, in which mandatory and additional conditions of the employment contract and contract shall be established.
14
Milgate, Murray. "McCulloch on Hidden Actions, Hidden Information and Piece Work." Journal of the History of Economic Thought 16, no. 1 (1994): 146–54. http://dx.doi.org/10.1017/s1053837200001462.
Full textAbstract:
In a little book entitled A Treatise on the Circumstances which Determine the Rate of Wages and the Condition of the Labouring Classes (1826), remembered principally for its formulation of the wages-fund doctrine, John Ramsay McCulloch set out some of the essential ingredients of certain popular contemporary approaches to the theory of labor contracts which accord priority to informational asymmetries surrounding the purchase and sale of labor. In view of the widely held opinion that this approach to the analysis of labor contracts constitutes a significant theoretical step forward, the details of McCulloch's argument, together with the manner in which that argument prefigures recent claims as to the causes and consequences of hidden actions and hidden information in labor markets, is worth recovering.
15
Nam, Ju Yun, and Eun Ja Wang. "A Qualitative Study on the Psychological Difficulties of Non-regular workers: Focusing on Repeated Experiences of Signing Labor Contracts." Korean Academy Welfare Counseling 12, no. 1 (April 30, 2023): 151–79. http://dx.doi.org/10.20497/jwce.2023.12.1.151.
Full textAbstract:
The purpose of this study is to examine the phenomenon that non-regular workers experience subjectively in the process of repeatedly signing contracts of ‘termination and renewal of contracts’ in order to maintain employment, and to derive the essence and meaning of this experience. To this end, in-depth interviews were conducted with 6 non-regular workers who had repeatedly experienced the conclusion of labor contracts while working as non-regular workers, and the collected interview data were analyzed using the descriptive phenomenology research method of Giorgi (2009). As a result of the study, the experience of psychological difficulties of non-regular workers who repeatedly signed labor contracts was derived with 6 components and 14 sub-components. The six components are ‘hope torture begins’, ‘struggling in the snare of renewal contract’, ‘relative deprivation spreads through life’, ‘employment contract shapes the meaning of work’, and ‘the responsibility of the head of the family is strict’, appeared as ‘The union becomes a support and creates tomorrow’. This study seeks to expand the understanding of the psychological difficulties of non-regular workers and their awareness of job insecurity by exploring the experiences of non-regular workers repeatedly signing labor contracts, and to provide a basis for in-depth discussions on their experiences to provide a professional solution for them. It is meaningful in that it presents the implications of assistance and intervention measures.
16
Voronov, I. Yu. "Hidden Labor Relations: Current Law-Making and Law Enforcement Issues." Rossijskoe pravosudie 7 (June 26, 2020): 57–68. http://dx.doi.org/10.37399/issn2072-909x.2020.7.57-68.
Full textAbstract:
The article analyzes the positions of experts in the field of labor law regarding the nature and types of hidden labor relations from the positions of positivism and the scientifically based concept of integrative law understanding. The author criticizes the conclusions of experts based on a positivist legal understanding according to which an employment relationship arises on the basis of the reclassification of a civil contract into an employment contract or a civil relationship into an employment relationship. Based on the analysis of labor law norms, law enforcement practice in labor disputes and scientific points of view of experts in the field of labor law, which is based on a scientifically based concept of integrative law understanding, the author comes to the conclusion that hidden labor relations are a type of labor relations, have signs of labor relations, are common in the judicial practice of labor disputes and are the most urgent problem of Russian labor law. The author analyzes two modern types of hidden labor relations from the position of a scientifically based concept of integrative law understanding: the conclusion of civil contracts instead of labor contracts and the actual admission of an employee to work by the employer or with the knowledge or on behalf of the employer or its authorized representative in the case when the labor contract was not properly executed, within three days and later after the actual admission of the employee to work. The author analyzes the ways of protection of labor rights and legal interests in the field of labor from the position of a scientifically grounded concept of integrative law understanding and formulates law-making proposals for changing the norms of labor law.
17
Karasheva, Z. T., and A. B. Omarova. "Development of the Institution of an Employment Contract and Its Delimitation from the Contract for the Provision of Paid Services in the Republic of Kazakhstan." Juridical science and practice 17, no. 1 (May 24, 2021): 89–95. http://dx.doi.org/10.25205/2542-0410-2021-17-1-89-95.
Full textAbstract:
The article deals with the concept and distinctive features of an employment contract, which resulted in separating such a contract from hiring and other civil contracts in the Republic of Kazakhstan (personal performance by an employee of work on a certain qualification, specialty, profession or position, compliance with the rules of internal labor regulations, etc.). The civil law contract of paid services generates a civil, rather than a labour relationship, and the person to render services under this civil law contract (contractor) has no rights and guarantees provided for by the Labour code of the Republic of Kazakhstan (annual leave with the average income, the payment of benefits for temporary disability, the inclusion of these activities in employment records, etc.).
18
NIKOLAJCHUK, T. O., and N. I. KHUMAROVA. "CONTRACT - A TOOL FOR IMPROVING MANAGEMENT OF THE NATURAL RESERVE FUND." Economic innovations 20, no. 1(66) (March 20, 2018): 148–61. http://dx.doi.org/10.31520/ei.2018.20.1(66).148-161.
Full textAbstract:
Topicality. Market transformations in the country's economy caused the need to revise the labor relations institute from the economic development point of view. Particular importance was the theoretical reassessment labor relations institutional: the old labor law institutes, which corresponded to the administrative command system, must transform to new ones, that contain market needs. One of such labor relations institutes are contractual relations between the employer and the employee, which allow to personalize the labor relations as much as possible, consider the economic interest of both parties, and protect as far as possible the mutual interests and rights. Aim and tasks. The aim of the article is represented the main tendencies and realities of using an employment contract in Ukraine's companies, which is signed in the standard form. The current legislation gaps of the contract using are considered as a special employment contract form with the companies leaders and other employees categories, depending on the specifics enterprise's activity or belonging to the management sphere. The preconditions for the special legislation implementation are determined during the labor contracts conclusion with the Ukrainian's nature reserve fund enterprises heads. The personal responsibility for environmental protection legislation and violation conditions are considered. Proactive and experienced specialists are established an extensive system of allowances and one-time incentives. Research results. In this article we have reviewed the implementation preconditions during the labor contracts' conclusion with the enterprises' heads of the Ukrainian nature reserve fund. We have considered the responsibility personalization conditions for environmental legislation violations with the definition of socio-economic components. For example, the contract may also stipulate social and living conditions, such as the garden plot allocation, a car, living conditions improvement, the share sale at par value, the social pensions surcharges establishment, protection against inflation processes and so on. Also it may be envisaged an employee to move another area. Conclusions. A contract can give the chance to more people to realize their work abilities on the most favorable conditions, to build the civil society foundations and the legal capitalist state. Contract's application can detail the labor relations, the system of economic incentives and encouragement, protects the rights of both employee and employer, and also provides an opportunity to assess the mutual responsibility's degree.
19
Zayin, Mohammad Jamal. "The Employment Contract Model Plays Its Role in Reducing the Unemployment Problem as A Model for Developing Labor Legislation." Journal of AlMaarif University College 31, no. 2 (December 31, 2020): 386–408. http://dx.doi.org/10.51345/.v31i2.223.g179.
Full textAbstract:
Unquestionably, unemployment is one of the problems of the Iraqi society, which has the most impact on the political and social situation. but under our responsibility we find the urgency of scientific research to find a solution, so we sought a title that might limit even a small thing, from this blatant problem And this way out is by stereotyping the work contract, perhaps it is a model to be followed in labor contracts, where the idea of this research is to find a model for the work contract that includes privileges in the form of exemptions or tenders committed by the state for the benefit of the worker and the employer, which is an incentive and motivation for employers to attract Employment in their projects, in exchange for this privilege, and this contract is a guarantee and safety tool for both parties to the contract, preventing fraud and signing responsibility for the offender. The research problem lies in the extent of the ability of this contract to reduce unemployment through these state-owned concessions, and this needs to clarify the concept of the model work contract, its characteristics, features, and its impact on the labor market. In order to take the right path in our research, we will enter the path of the inductive approach that describes and lists the situation, to achieve accurate monitoring and the correct result. And the importance of the research appears from two sides, the first party (process): it is evident that the typical labor contracts may increase the momentum of the labor market and become a relocation demolition force. The second (scientific) aspect: It is a warning to researchers to increase their scientific output in this field to reduce the momentum of this problem in society, and the legislator should try to find formulas that are the basis of labor contracts and issue legislation in this context. As for the result of the research, they appear in two parts: The first part: the inactivity of the private sector needs an incentive that gives it a greater role, in order to push and revitalize the labor market and thus reduce unemployment, and the incentive is the privileges that are needed, and undoubtedly the employers need to pay accordingly to conclude the standard contract and this reduces unemployment and reduces it to a degree a certain. As for the second part, it is to raise the level of protection of workers and employers to a large extent, by ensuring the standardization of the labor contract.
20
Al-Enizi, Ziad Kh, and Waleed Fouad Mahameed. "Protection of employees in international employment contracts." Journal of Governance and Regulation 12, no. 1 (2023): 75–81. http://dx.doi.org/10.22495/jgrv12i1art7.
Full textAbstract:
This study investigated the level of labor protection as per the international labor contract. Thus, the way applicable law is applied to international labor relations in Jordan and other Arab countries such as Kuwait and Bahrain, and Rome I Regulation were discussed (Council of the European Union, 2008). This was done to evaluate labor protection in Jordan compared to the other countries. Attempts were made to raise the problem, delineate the ongoing situation in Jordan, and suggest suitable solutions. The analytical method, and the survey of judiciary literature and relevant legal documents showed labor protection in Jordan is not suitable. This is because the Jordanian judiciary is contradictory regarding the interpretation of occurrences related to determining the applicable law, for there are no clear, explicit legal provisions in this regard. It was also suggested that the Jordanian legislator intervenes to protect the labor and provides legal regulations on the application of law. This study has provided the fertile soil for beneficiaries to enhance labor protection to make it conform to international standards, and for future research to aim at this purpose, and deal with labor rights in remote work or work performed in more than one country.
21
Panainte, Septimiu, and Ramona Daniela Stângaciu. "THE LABOR INSPECTOR SEARCHING FOR …GODOT: UNDECLARED DISTANCE WORK." Revue Européenne du Droit Social 52, no. 3 (June 1, 2021): 25–42. http://dx.doi.org/10.53373/reds.2021.52.3.023.
Full textAbstract:
Undeclared labor has become an increasingly present phenomenon nowadays. Due to the pandemic context, there has been a transition towards working from home or under telework regime. These particular forms of individual labor contracts allow for greater flexibility in terms of the place where a natural person works but, on the downside, they allow the parties to disguise the agreement or to avoid fulfilling the formalities imposed by the Law, such as concluding the contract in a written form and registering its elements in the General Record of Employees. In light of the aforementioned, we aim to identify if the labor inspectors have effective means of identifying the cases of undeclared labor when natural persons are working remotely. Through this paper, in the first section, we discuss the legal background both at the national as well as at the international level, in order to shed light on the concept of undeclared work. The following two sections will be dedicated to analysing if the inspection has any perspective of being an effective mean of identifying the situations of undeclared labor. Finally, several directions of action are contoured – as de lege ferenda proposals – so as to tackle the issue of undeclared work.
22
Gligorić, Slađana, and Sanja Škorić. "Flexible forms of work and work engagement." Pravo - teorija i praksa 38, no. 4 (2021): 87–100. http://dx.doi.org/10.5937/ptp2104087g.
Full textAbstract:
Global trends in the working world clearly show the changes in the character of labor relations with a significant representation of flexible forms of work. It is an atypical form of work organization that arises as a consequence of strong globalization flows, economic crisis, information and technological revolution, and which stands against the labor law standard of a classical employment, being represented in the form of the employment contract for an indefinite period of time with full time employment. Starting from the concept of flexicurity as the dominant concept in the EU, flexicurity seeks to establish a balance between flexibility in the organization of work in order to preserve stability. Through the flexible organization of work and working hours, there establishes a kind of balance between working hours, the rest time and time for socialization and social activity. However, on the other hand, a flexible organization of work can reduce the rights of the employees and workers outside the employment relationship, especially if this form of work is abused in practice by the contracts concluded contrary to their essence or legal norm. The authors use the historical, comparative-legal and sociological method, as well as the statistical data in the analysis of research subjects with the aim of providing the concrete proposals for the improvement of the existing normative framework.
23
Moorefield, Bryan. "Challenging Employer Control within the H-2A and H-2B Visa Programs." ANNALS of the American Academy of Political and Social Science 684, no. 1 (July 2019): 241–54. http://dx.doi.org/10.1177/0002716219856854.
Full textAbstract:
Migrants holding H-2A and H-2B visas—contracted labor migrants—predominate in the new migration system that has emerged between Mexico and the United States. These migrants have been growing numerically in an era when net Mexico-U.S. migration has fallen to zero and undocumented migration is negative. These migrants are committed to contracts that require them to work for one employer, at a specified job, in a particular place, for a set duration of time, or risk loss of legal status and deportation. When visas were scarce, as they have been historically, this effectively gave employers monopoly over their contracted workers. This article describes the current system, particularly with respect to the U.S. labor market and the geography of both Mexico and the United States. With more employers now seeking H-2A and H-2B workers, the current moment may provide migrant workers with greater leverage to challenge the dominance of labor contractors and employers by moving among firms, industries, markets, and states from one contract to the next.
24
Tomniuk, Liudmyla, and Liliia Havronska. "PECULIARITIES OF TRANSLATING GERMAN EMPLOYMENT CONTRACTS INTO UKRAINIAN." Germanic Philology Journal of Yuriy Fedkovych Chernivtsi National University, no. 843 (July 2023): 99–109. http://dx.doi.org/10.31861/gph2023.843.99-109.
Full textAbstract:
The article considers the theoretical concepts of an employment contract and specialized legal translation; analyzes and comments on the structural, grammatical, and lexical construction of employment contracts concluded in German and their translation into Ukrainian. The author also researched the main and optional articles that make up the labor contracts of the legal systems of both countries. Each implication lists the main formulations and constructions and provides an equivalent Ukrainian-language expression in terms of translation. The focus of the analysis was on legal terminology typical of employment contracts and grammatical verb constructions inherent in this type of text. The analysis of the factual material shows that labor contracts are dominated by long complex sentences, a significant proportion (27%) of which are accompanied by participial phrases. The most frequently used forms in the analyzed contracts are passive and infinitive, compound words and noun forms of verbs. At the end of the article, we present a visual representation of the frequency of use of grammatical structures and lexical elements of analyzed material. The study found that the most used methods in the translation of labor contracts are the descriptive method, the method of approximate translation, and adaptation. Grammatical constructions are mostly subject to direct or approximate translation, while when translating lexical items, we should consider the term’s compliance with the legal realities of the country into which this contract is translated. The analyzed practical material has specific features of the type of text “labor contract”, which is dominated by binding sentences, declaratives, and passive constructions. When translating labor contracts from German into Ukrainian, the following features should be taken into account: dates, names and figures should be carefully and accurately reproduced in the translation; all elements and details of the contract should be translated; it is important to adhere to the unified terminology; grammatical errors in documents of this type are unacceptable. Translation of documents is one of the most difficult types of translation, as in legal translation, the translator does not translate the lexical units of the source language into the target language, but works exclusively with legal concepts of two legal systems.
25
Pupavac, Justin, Drago Pupavac, and Antun Marinac. "RELATIONSHIP AMONG WORK CONTRACT SATISFACTION, JOB SATISFACTION, AND PRODUCTIVITY: AN ANALYSIS IN HOTEL INDUSTRY IN CROATIA." Balkans Journal of Emerging Trends in Social Sciences 5, no. 1 (June 30, 2022): 48–58. http://dx.doi.org/10.31410/balkans.jetss.2022.5.1.48-58.
Full textAbstract:
In the last couple of decades, non-standard forms of work contracts increase. Usually, non-standard work contracts are connected with higher job insecurity and lower level of job satisfaction which can lead to lower productivity. In accordance with that, the main aim of this research is to explore the correlation between job satisfaction, productivity, and satisfaction with a work contract in the hotel industry in Croatia. The research results are based on the primary data collected by the survey carried out in the hotel industry in Croatia during the summer season of 2018. An ANOVA test is used to achieve the objective and the purpose of the study and to test the set hypotheses. The main finding of this paper points to the conclusion that employees who achieve high productivity show greater satisfaction with the work contract and greater job satisfaction in all dimensions. The obtaining results in this scientific debate can be helpful for hotel managers for enhancing labor productivity.
26
Gacek, Stanley. "Mexico’s Ratification of ILO Convention Number 98 and the Future of Protection Contracts." Mexican Law Review 12, no. 1 (June 27, 2019): 157. http://dx.doi.org/10.22201/iij.24485306e.2019.2.13642.
Full textAbstract:
This note reviews and analyzes the impacts of Mexico’s September 2018 ratification of International Labour Organization (ILO) Convention 98 on the right to organize and collective bargaining. Specifically, it focuses on what Mexico’s ratification of the instrument means for the future of the pro-tection contract system in terms of international law. Mexico’s ratification of Convention 98 closes the doctrinal gap on protection contracts which was left by Convention 87, on freedom of association. Although Convention 98 does not cover the armed forces, the police, and public servants employed in state administration, according to international law, its ratification should invalidate much of the Mexican protection contract regime. Convention 98 is not self-enforcing, but ratification of the instrument subjects Mexico to the full scrutiny of the ILO’s supervisory system regarding compliance with norms. Moreover, Mexico’s domestic jurisprudence governing compliance with ratified international human rights treaties bodes well for effective judicial enforcement of the convention. With the ratification of Conventions 87 and 98, international law mandates the implementation of an authentically democratic labor relations system in Mexico. With the additional ratifications of Convention 29 on forced labor, Convention 100 on equal remuneration, Convention 105 on the abolition of forced labor, Convention 111 on discrimination in employment and occupation, Convention 138 on the minimum age for work, and Convention 182 on the worst forms of child labor, Mexico is bound by international law to comply with all globally recognized core labor standards.
27
Gubenko, Marina I. "Intersectoral Re-qualification of Contracts: Recognition of Labor Relations Associated with the Use of Personal Labor and Arising on the Basis of a Civil Law Contract (Practice of Courts of General Jurisdiction and Arbitration Courts)." Rossijskoe pravosudie, no. 12 (November 25, 2022): 78–88. http://dx.doi.org/10.37399/issn2072-909x.2022.12.78-88.
Full textAbstract:
The article analyzes the latest changes in legislation and judicial practice of courts of general jurisdiction and arbitration courts in disputes on the recognition as labour relation those relations arising on the basis of a civil law contract, and also in disputes on the intersectoral reclassification of contracts. Arguments are given in favour of the position on the consideration of disputes on challenging the decisions of the Social Insurance Fund on the reclassification of civil contracts for labour contracts exclusively by courts of general jurisdiction; arguments are given regarding the clarification of the actual will of the parties when registering relations, and also about the need to amend the resolution of the Plenum of the Supreme Court of the Russian Federation regarding the indication that the existence of an employment relationship is determined on the basis of facts confirming the performance of work and payment of remuneration to an employee, and when the court interprets the contract, preference is given not to the formal side of the contract and the literal meaning of words and expressions, but to the actual will of the parties, which is implemented in the relations that have actually developed between the parties.
28
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.
Full textAbstract:
Temporary employment is defined in the scientific literature as atypical for the sphere of wage labour and even as an element of precarious employment. Today, fixed-term labour contracts are seen as a mechanism for labour market actors to respond to any shocks in the economy, a way of flexibly regulating the number of employees and reducing "dead" costs for employers. Russian labour law prohibits the conclusion of fixed-term employment contracts for the purpose of avoiding the rights and guarantees provided for workers with whom an indefinite-term employment contract is concluded. But extensive court practice in challenging dismissal due to the expiry of the term of the employment contract shows that a significant proportion of employers conclude fixed-term employment contracts in violation of the requirements of the Labour Code of the Russian Federation, in order to avoid providing labour rights and guarantees to employees. These vio-lations mainly include repeated conclusion of fixed-term contracts for a short period to per-form the same work function, "imposition" of a condition on the fixed-term nature of the con-tract in the absence of the employee's will, in situations where the law requires an agreement of the parties to the employment contract for the conclusion of a fixed-term contract. In the modern economic environment, a form of short-term employment called casual work has developed, which is most often recognised in the literature as informal, precarious employment. Despite this, casual work has become widespread in developed countries, and particularly in jobs related to the on-demand economy, with the use of digital platforms. The negative aspect of the wide use of fixed-term employment contracts in the EU is reflected in the persistent entrenchment of temporary workers in the labour market, whose growth can be restrained only with the assistance of the state. Thus, the analysis of the practice of flexible forms of employment in foreign countries shows that short-term contracts are now widely integrated into the global labour market, which is confirmed by the statistical data on the growth of fixed-term contracts in most coun-tries. This process can hardly be stopped, but, based on the experience of EU countries, it seems possible at least to find a way to adapt to this situation by balancing the rights and interests of workers, employers and the state in such relations and preventing the transfor-mation of fixed-term employment relations into precarious ones.
29
Rashed Eidhah Alzahrani, Rashed Eidhah Alzahrani. "Documentation of labor contracts in Saudi law: توثيق عقود العمل في النظام السعودي." مجلة العلوم الإقتصادية و الإدارية و القانونية 6, no. 10 (April 29, 2022): 153–60. http://dx.doi.org/10.26389/ajsrp.r021221.
Full textAbstract:
The Ministry of Human Resources and Social Development, in light of achieving the vision of the Kingdom of Saudi Arabia 2030, has launched several initiatives to guarantee the rights of the labor and the employer, the most important of which is the initiative to document work contracts, which obliges all employers to document their employees’ contracts on electronic platforms for this, such as Mudad platform, and the General Organization for Social Insurance (GOSI), and Qiwa platform, and since the initiative is recently established, I thought that my research should be in the study of the dimensions of the initiative in terms of identifying the nature of documenting work contracts, as well as the mechanism used for documenting contracts through the inductive approach of decisions and regulations issued that regulate the documentation of work contracts in the Saudi law.
30
Makovii, Viktor, Rashad Mamedov, and Denys Dontsov. "CIVIL LAW AND LABOR CONTRACT: ECONOMIC AND LEGAL DIMENSION." Baltic Journal of Economic Studies 9, no. 4 (November 17, 2023): 170–77. http://dx.doi.org/10.30525/2256-0742/2023-9-4-170-177.
Full textAbstract:
The subject of the study is the conceptual, theoretical, methodological and applied legal and economic principles of the nature and significance of civil law and labour contracts in public life. Methodology. The research is based on general scientific and special legal methods. The analysis helped to determine the quantitative and qualitative parameters which characterise civil law and employment contract as socio-economic and legal phenomena in modern society. The synthesis provided for the formation of common and distinctive features inherent in civil law and employment contract in modern society. With the help of the comparative legal method it was possible to distinguish the characteristic features of the civil law and labour contract in the economic sphere and the legal consolidation of the above categories in modern international and national legislation on the basis of the quantitative and qualitative indicators of the corresponding origin. The formal-legal method created the conditions for the formulation of conclusions on the effectiveness of the normative consolidation of the principle of freedom of contract within the limits of civil and labour legislation and for the determination of relevant regulatory proposals. The purpose of the article is to define the essence and significance of civil law and employment contracts in the economic and legal sphere. The results of the study show that the state of legal regulation of temporal restrictions on the exercise of private rights in Ukraine on the way to economic integration creates preconditions for its modernisation in terms of both general and special legal provisions. Conclusion. Contractual relations are one of the most important driving forces of civil turnover, as they mediate the movement of a number of non-property and property goods within civil and economic turnover. Based on the study of statistical data, it has been established that the civil law contract, together with the labour contract, creates conditions for the development of economic processes in quantitative and qualitative components due to its involvement as a means of moving material and immaterial goods in civil and economic turnover. At the same time, a civil law contract, due to its wide variability and direct involvement in certain economic processes, creates more important prerequisites for progress in the economic space, which is manifested in new types and forms of contracts of this type. The labour contract in its component aims, first of all, from the position considered, to ensure the social component in the implementation of the content of the right to work by guaranteeing certain social, including economic, standards. This is why, unlike civil law, labour law influences the economy of the country indirectly and with a much smaller specific weight. In the legal sphere, research into the legal nature and scope of contractual constructs in the civil and labour spheres testifies to the weight of the principle of freedom of contract, which, on the one hand, is established within the limits of civil legislation and, on the other, creates the conditions for the implementation of another, broader principle of freedom of work, which is based on the right of the individual to freedom of work as a natural and inalienable human right. The article points to the possibility of extending the principle of freedom of contract, along with civil law relations, to other related relations, primarily labour relations. Where the manifestation of the content of such a principle is the right holder's authorisation to behave in one of the following ways: 1) procedural (conclusion, amendment, termination of the contract); 2) selection of a counterparty; 3) determination of terms and conditions; 4) determination of the contract content.
31
Berk, Hillary L. "Savvy Surrogates and Rock Star Parents: Compensation Provisions, Contracting Practices, and the Value of Womb Work." Law & Social Inquiry 45, no. 2 (January 20, 2020): 398–431. http://dx.doi.org/10.1017/lsi.2019.57.
Full textAbstract:
Abstract:What is the value of surrogate labor and risks, and how is it negotiated by participants as they contract within an unsettled baby market? This article presents novel data on compensation, fee, and bodily autonomy provisions formalized in surrogacy contracts, and the experiences of actors embedded in exchange relations, as they emerge in a contested reproductive market. It combines content analysis of a sample of thirty surrogacy contracts with 115 semi-structured interviews conducted in twenty states across the United States of parties to these agreements, attorneys who draft them, counselors, and agencies that coordinate matches between intended parents and surrogates. It analyzes the value of services and medical risks, such as loss of a uterus, selective abortion, and “carrier incapacity,” as they are encoded into agreements within an ambiguous field. Surrogacy is presented as an interactive social process involving law, markets, medicine, and a variety of cultural norms surrounding gender, motherhood, and work. Contracts have actual and symbolic power, legitimating transactions despite moral anxieties. Compensation transforms pregnancy into a job while helping participants make sense of the market and their “womb work” given normative flux. Contracts are deployed by professionals without informed policies that could enhance power and reduce potential inequalities.
32
Remington, Thomas F., and Xiao Wen Cui. "The Impact of the 2008 Labor Contract Law on Labor Disputes in China." Journal of East Asian Studies 15, no. 2 (August 2015): 271–99. http://dx.doi.org/10.1017/s1598240800009371.
Full textAbstract:
China's Labor Contract Law came into force on January 1, 2008. One of several important legislative acts aimed at improving the processing of labor grievances through mediation, arbitration, and litigation, and averting collective labor protest, it provides that all employed persons must work under written individual employment contracts. We evaluate the legislation's impact nationally and by province for the years before and after the law's adoption. Observing that the law's effect varied substantially across provinces, we estimate the effects of the law, controlling for time, development level, export intensity, and migrant labor share, on the volume of disputes by province using a cross-sectional time series design. We also examine the law's impact on the incidence of collective disputes and the grounds for disputes. We find that the law significantly increased the volume of labor disputes, raising questions about the relative costliness of the government's strategy for managing employment relations.
33
Tairova, T. M. "UNDECLATED WORK AND LEGAL CONSEQUENCES." Labour protection problems in Ukraine 39, no. 1-2 (June 30, 2023): 73–81. http://dx.doi.org/10.36804/nndipbop.39-1-2.2023.73-81.
Full textAbstract:
The development of new directions for the effective functioning of the labor sphere in Ukraine and measures to eliminate the negative trends currently taking place are impossible without researching such a negative economic phenomenon as the informal sector of the labor market. Currently, research on undeclared work is gaining special relevance, since the labor market as a dynamic system depends on the political and economic situation in the country. The informal sector of the labor market and undeclared work in the formal sector have common features, namely illegal employment of an employee or registration of an employee without concluding an employment contract, which is provided for by the current legislation of Ukraine.
Thus, there is concealment of actually worked hours, payment of wages "in an envelope", replacement of actual employment contracts with civil and economic ones, non-payment of taxes and a high probability for employees to remain unemployed. At the same time, in the event of an injury at the productions of the informal sector of the labor market, the injured employee must spend considerable personal funds on treatment without any compensation payments. It is shown that currently in Ukraine there are no unified approaches to the interpretation of the content of the shadow economy, which leads to the absence of both methods of assessing its scale and scientific research on the development of approaches and ways of countering it.
It has been proven that measures to reduce the number of people employed in the informal labor market are ineffective, because there is the tendency to increase the number of people working in the informal sector of the labor market. It is proposed to strengthen the motivation of legal employment and consolidate the efforts of social partners against shadow employment in order to implement such a policy in the field of labor protection in the state that would ensure decent working conditions at every workplace and contribute to reducing the volume of the shadow economy. The expediency of expanding the range of measures to encourage employers to participate in the formal labor market and the development of the scientifically based comprehensive national program of productive employment, aimed at ensuring a balanced supply and demand of labor on the labor market, was noted.
The obtained theoretical conclusions are the basis of specific proposals intended for the planning of labor protection measures both at enterprises and in those sectors of the labor market where undocumented workers work.
34
Bonet, Rocio, Cristina Cruz, Daniel Fernández Kranz, and Rachida Justo. "Temporary Contracts and Work—Family Balance in a Dual Labor Market." ILR Review 66, no. 1 (January 2013): 55–87. http://dx.doi.org/10.1177/001979391306600103.
Full text
35
De Geest, Gerrit, Jacques Siegers, and Ann-Sophie Vandenberghe. "The expectation measure, labor contracts, and the incentive to work hard☆." International Review of Law and Economics 21, no. 1 (March 2001): 1–21. http://dx.doi.org/10.1016/s0144-8188(00)00034-x.
Full text
36
Gusev, A. Yu. "Labor relations and social security: separate problems of legal regulation." Voprosy trudovogo prava (Labor law issues), no. 5 (May 30, 2023): 301–11. http://dx.doi.org/10.33920/pol-2-2305-07.
Full textAbstract:
The conclusion of an employment contract by an employee and the exercise of labor activity is associated with the acquisition by an employee of insurance and work experience, including special work experience, the acquisition of which then becomes the basis for the acquisition of social security rights, in particular, the right to receive pensions, benefits; citizens have the right to receive free medical care, social services, etc. One of the legal facts entailing the emergence of social security relations between an employee and the state (state-authorized bodies), or an employee and nongovernmental organizations may be social security contracts. Problems, defects in the legal regulation of this kind of social security relations should be taken into account by specialists in the field of personnel records management.
37
Leskina, Eleonora I. "Opportunities for Smart Contract Application in the Russian Labor Law." State power and local self-government 4 (April 22, 2021): 42–46. http://dx.doi.org/10.18572/1813-1247-2021-4-42-46.
Full textAbstract:
The use of digital technology is increasing in all spheres of society. And the right is no exception. Many technologies are designed to simplify work, save time and serve the goals of globalization of relations, as well as their decentralization. Smart contracts are one way to achieve this goal. The article discusses the possibility of applying smart contracts in the workplace, where the personal nature of relationships is one of the features that directly affect the prospects for the use of smart contracts in the area in question.
38
Ferrada-Bórquez, Luz María, and Mauricio Alejandro Ferrada-Bórquez. "The quality of employment for the elderly in Chile—A factor in active ageing." International Journal of Population Studies 7, no. 2 (May 10, 2022): 1. http://dx.doi.org/10.18063/ijps.v7i2.1354.
Full textAbstract:
The aging rate of the population is rising, and the number of elderly people participating in the Chilean labor market is also increasing. The purpose here is to understand employment conditions. To this end, partial and comprehensive indicators reflecting the status of social security, contracts, working days and income factors are estimated. There are significant differences between men and women in the estimated index, different levels of education, geographical residences, enterprise sizes and economic sectors in which they work. On the contrary, the conditions of social security and labor contract are the most different. These results are helpful to demonstrating the elements of public policy in the context of active aging.
39
Dubrov, M. О. "Normative and legal regulation of social dialogue in the field of work." Uzhhorod National University Herald. Series: Law 1, no. 78 (August 28, 2023): 303–8. http://dx.doi.org/10.24144/2307-3322.2023.78.1.49.
Full textAbstract:
The article is devoted to issues of normative and legal regulation of social dialogue in the sphere of labor in Ukraine. Since the formation of a market economy and a civilized transition to the market are impossible without the functioning of an effective system of social dialogue. It is the social dialogue that should act as a way of civilized coordination of the interests of different groups when resolving the contradictions that arise and preventing conflicts in the socio-economic and labor spheres. Its effective development is one of the conditions for the European integration of Ukraine. Having analyzed the current legislation on labor, on collective contracts and agreements, special legal literature on social dialogue, a conclusion was made about the imperfection of the regulatory and legal regulation of social dialogue, which reduces the effectiveness and efficiency of social dialogue in the field of labor. For example, in the Law of Ukraine “On Social Dialogue in Ukraine” the definition of social dialogue is imperfect, the list of social dialogue bodies and the list of organizational and legal forms of social dialogue in the sphere of labor is incomplete, the place and legal status of social dialogue bodies in the sphere of labor also needs to be properly defined , who are participants in such relations, etc. The current Code of Labor Laws of Ukraine, draft Labor Codes do not contain special norms on social dialogue in the field of labor. Taking into account the legislative experience of foreign countries, the positions of domestic scientists, it is proposed to supplement the Code of Labor Laws of Ukraine, the draft Labor Code of Ukraine with a separate chapter “Social dialogue in the sphere of labor”, in which norms on the main provisions on social dialogue in the sphere of labor, including a list of institutional principles of social dialogue in the field of work with definition of their concept and content. At the same time, positive points in this direction were noted, in particular, the adoption of the Law of Ukraine “On Collective Agreements and Contracts” and the creation of a working group to develop a draft law on collective labor disputes. Since the question of improving the legislation of Ukraine on social dialogue and collective labor disputes and its adaptation to the legislation of the European Union is more timely than ever.
40
Dhyne, Emmanuel, and Benoît Mahy. "Work organization, labour contracts and employment." International Journal of Manpower 33, no. 3 (June 8, 2012): 246–63. http://dx.doi.org/10.1108/01437721211234147.
Full text
41
Tsymbaliuk, Svitlana, and Tetiana Shkoda. "Social partnership in ensuring decent labor remuneration." Social and labour relations: theory and practice 10, no. 1 (May 19, 2020): 11–20. http://dx.doi.org/10.21511/slrtp.10(1).2020.02.
Full textAbstract:
The paper focuses on the development of social partnership in the process of ensuring decent labor remuneration for employees. It highlights the development perspectives of the social partnership institute in the context of decent work concept implementation. The aim of the study is to evaluate and develop recommendations for improving the collective and contractual regulation of remuneration policy in Ukraine in view of the decent work concept. The analysis of the stages of social partnership development in Ukraine has proved that social partnership is currently characterized by features of the forming stage. Some characteristics of the development stage are also traced, but they have not yet fully manifested themselves in Ukraine. The analysis of the conditions for social and labor relations in Ukraine, the practice of collective bargaining procedures, the structure and content of collective agreements and contracts showed a low level of social partnership development and low social responsibility of social partners. The research showed that the practice of developing a compensation package at most enterprises was carried out without the participation of social partnership or with minimal participation. Existing social partnership practices cause inadequate social protection for employees and negatively characterize labor remuneration policy in terms of decent work. A number of proposals were developed to overcome the negative trends inherent in the institute of social part-nership and collective agreements at different levels. Recommendations include granting agreements the status of normative acts, regulating the procedure for concluding agreements at different levels, determining the procedure for informing employees about the content of agreements and contracts, and disseminating an ideology of social responsibility among social partners.
42
Cabrales, Antonio, Raffaele Miniaci, Marco Piovesan, and Giovanni Ponti. "Social Preferences and Strategic Uncertainty: An Experiment on Markets and Contracts." American Economic Review 100, no. 5 (December 1, 2010): 2261–78. http://dx.doi.org/10.1257/aer.100.5.2261.
Full textAbstract:
This paper reports a three-phase experiment on a stylized labor market. In the first two phases, agents face simple games, which we use to estimate subjects' social and reciprocity concerns. In the last phase, four principals compete by offering agents a contract from a fixed menu. Then, agents “choose to work” for a principal by selecting one of the available contracts. We find that (i) (heterogeneous) social preferences are significant determinants of choices, (ii) for both principals and agents, strategic uncertainty aversion is a stronger determinant of choices than fairness, and (iii) agents display a marked propensity to work for principals with similar distributional concerns. (JEL D82, D86, J41)
43
Moras-Olaś, Kinga. "THE ESSENCE OF A FIXED-TERM EMPLOYMENT CONTRACT." Roczniki Administracji i Prawa specjalny, no. XXI (December 30, 2021): 523–34. http://dx.doi.org/10.5604/01.3001.0015.6194.
Full textAbstract:
The existing regulation of the Labor Code includes three types of employment contracts. It means that each of them may be concluded only in certain circumstances. The differences between them result from their different functions and purposes. The shape of the regulation of each contract should reflect its nature. The essence of a fixed-term employment contract is shaped by three structural elements: the temporary nature of the work to be performed, unconditional determination of the end of the employment contract, and stability of the contract. The purpose of this article is to characterize each of these elements and assess the compliance of the existing LC regulation with the nature of the contract in question.
44
Grubb, Farley. "The Auction of Redemptioner Servants, Philadelphia, 1771–1804: An Economic Analysis." Journal of Economic History 48, no. 3 (September 1988): 583–603. http://dx.doi.org/10.1017/s0022050700005842.
Full textAbstract:
The redemption system transformed the American auction of immigrant servants. The potential for exploiting immigrants was created by search restrictions in the redemption auction. A model of the auction was estimated using 4,455 German and British servant contracts. Average servant compensation equaled resident free labor compensation, and the variance in servant compensation was systematically related to the variance in servant productivity, contract restrictions, and work amenities. Competition among buyers overcame the search restrictions placed on immigrants in the redemption auction.
45
Al- Shogairat, Faisal M., Ibrahim M. Abuhilaleh, Noor T. Bdour, and Asharf H. Krishan. "The Subordination Coalition and Its Effects in the Labor Law Efficacy on the Relationship between Worker and Employer in the Jordanian Legalization." Journal of Politics and Law 10, no. 3 (June 1, 2017): 69. http://dx.doi.org/10.5539/jpl.v10n3p69.
Full textAbstract:
Labor law has a significant social need that it is organized a category which could be the biggest between the society categories، and it has the obvious effect upon rules which came in most of it in the committed trait to find the minimal limit from the labor laws so it organized their relationship with employer.Thu, the worker related with employer in contractual relationship, impose controversial duties and laws upon the two parts ، and in order to be in front of contractual relationship that refer to labor law rule, it should has three conditions, which are: (work should be paid, private, and dependency). According to what subordination coalition performs of special importance that represented in the worker situation in a legal position that make him worth the legal protection, this coalition results in worker responds the orders and directions from employers، the employers right in administration and supervising، and the need of worker to respect this right, and what spots the practical execution for the work contract from the worker failure in doing his duties an entering the punishments taboos, and appears a type of works that weak with it the supervising that worker receive it from the employer, in addition to the role of subordination coalition in discrimination the work contract from others similar contracts. This element has been searched and what could be results from it as legal and practical difficulties that imposed legal situations which reflect on worker stabilization in his work.The ultimate goal of this research is in the investigation the extent of the subordination condition importance in the work relation and its role in implantation the Jordanian labor law rules on that relation.
46
Gluschenko, M. "Protection of rights of employees in case of employment contract’s suspension under the martial law." Uzhhorod National University Herald. Series: Law 1, no. 74 (January 31, 2023): 176–82. http://dx.doi.org/10.24144/2307-3322.2022.74.30.
Full textAbstract:
The author focuses on the actual problems of implementing the employee's right to protection in case of the employment contract’s suspension in the conditions of martial law. Within the framework of the study, the author considers both theoretical and practical issues of the institute of suspension of employment relations. At the same time, the main attention is paid to the peculiarities of the suspension of employment contracts during the legal regime of martial law, as well as to the problems of implementing the right of employees to protection in case of violation of legal grounds for such suspension by employers. It is emphasized that for the legality of the suspension of the employment contract in the conditions of martial law, the simultaneous presence of several conditions is necessary, such as: 1) the fact of armed aggression and the existence of the legal regime of martial law; 2) absolute impossibility of providing work by the employer and performing work by the employee. At the same time, the lack of a relevant legal norm is the absence of a clear definition or at least signs of the impossibility of the parties to the employment contract fulfilling their obligations. It has been proven that the labour legislation should not only clearly state the conditions and procedure for suspending the employment contract, but also establish the employer's financial responsibility to the employee in the form of average earnings for forced absenteeism in the event that such suspension is recognized as illegal. In particular, in the case of the cancellation of the suspension of the employment contract by the court in connection with the employer's violation of the labor legislation when it was issued (for example, the suspension of the employment contract was introduced at the initiative of the employer without sufficient grounds for this), the implementation of the right to protect the violated rights of the employee should include not only the cancellation of the order and the restoration of the employment contract, but also the reimbursement by the employer of the average earnings during the period of forced absenteeism, by analogy with Article 235 of the Labor Code of Ukraine, according to the second part of which, when making a decision on reinstatement, the body that considers a labor dispute simultaneously takes decision to pay the employee the average salary for the period of forced absenteeism.
47
Al-Sarayra, Ibrahim Saleh, and Alaa Mohammed Al-Fawair. "The Penal Condition in a Fixed-Term Employment Contract in Accordance with the Jordanian Labor Law and the Provisions of the Jordanian Court of Cassation." Asian Social Science 14, no. 8 (July 27, 2018): 61. http://dx.doi.org/10.5539/ass.v14n8p61.
Full textAbstract:
The employer shall enter into a penal condition such as an agreement compensation in fixed-term employment contracts, so that the worker shall not leave the work without any of the cases permitted by section 29 of the Jordanian Labor Law No. 8 of 1996 and its amendments.The Jordanian legislator dealt with the case of leaving the worker for a fixed term contract in article 26 (b), which stipulates that the employer is entitled to compensation equivalent to half a month's wages for each month of the remaining period, provided that the employer proves that he was harmed, But not exceeding that amount.By applying the penalty clause in fixed-term employment contracts, an owner has been able to analyze the evidence of the damage and the amount of the compensation is negligible.We concluded by concluding with the conclusions and recommendations, the most important of which is that the penal clause in fixed-term employment contracts is contrary to the general protective regime of workers' rights.
48
Araz, Yahya, and İrfan Kokdaş. "In Between Market and Charity: Child Domestic Work and Changing Labor Relations in Nineteenth-Century Ottoman Istanbul." International Labor and Working-Class History 97 (2020): 81–108. http://dx.doi.org/10.1017/s0147547919000279.
Full textAbstract:
AbstractThis article focuses on children taken by Istanbulite families for upbringing and employment in the Ottoman capital during the 1800–1900 period. It suggests that domestic child labor which was shaped by the concept of ‘charity’ and economic interests during the first half of the nineteenth century progressively turned into wage labor during the second half of the century. The study claims that the nineteenth century witnessed a transformation of labor relations in the domestic service market, implying the transition from reciprocal to commodified labor. The labor of children employed in domestic services underwent a monetization process throughout the nineteenth century. Parallel to this monetization, the status of children under foster care or in domestic service came to be determined by standardized legal contracts.
49
Grubb, Farley. "Immigrant Servant Labor: Their Occupational and Geographic Distribution in the Late Eighteenth- Century Mid-Atlantic Economy." Social Science History 9, no. 3 (1985): 249–76. http://dx.doi.org/10.1017/s014555320001508x.
Full textAbstract:
Contract Labor played a critical role both in financing European trans-Atlantic migration and in providing a hirable labor force to work the estates of the New World. During the seventeenth century at least three-quarters of the Chesapeake colonists arrived under some form of short term contract (Walsh, 1977: 111). By the American Revolution, a majority of English, German, and southern Irish emigrants still used servant contracts to finance their migration to Pennsylvania (Grubb, 1985). For the year 1773, 61% of the 387 southern Irish immigrants, 18% of the 1,420 Ulster immigrants, 25% of the 382 Scotch immigrants, and 52% of the 174 English immigrants to Pennsylvania entered servitude. For the years 1771–1773, out of 747 German adult male immigrants to Pennsylvania 58% entered servitude. For 1785–1804, 45% of the 7,837 German immigrants to Pennsylvania entered servitude.
50
Kiseleva, Elena V. "On the Issue of Acknowledging Labor Relations with Citizens Registered as Self-Employed by Courts." Arbitrazh-Civil Procedure 2 (February 15, 2024): 23–27. http://dx.doi.org/10.18572/1812-383x-2024-2-23-27.
Full textAbstract:
The work examines current issues that arise when concluding civil law contracts with self-employed people and retraining them into labor contracts. Today, self-employed people are potentially at risk and need additional legal protection. In order to reduce such litigation, proposals are made to improve domestic legislation, taking into account the positive experience of foreign countries.