Academic literature on the topic 'Employment contract'

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Journal articles on the topic "Employment contract"

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Honeyball, Simon, and David Pearce. "Contract, Employment and the Contract of Employment." Industrial Law Journal 35, no. 1 (March 1, 2006): 30–55. http://dx.doi.org/10.1093/indlaw/dwj002.

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Danna, Denise, and Demetrius Porche. "Employment Contract." Journal for Nurse Practitioners 5, no. 10 (November 2009): 781–82. http://dx.doi.org/10.1016/j.nurpra.2009.09.008.

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Brodie, Douglas. "The employment contract and unfair contracts legislation." Legal Studies 27, no. 1 (March 2007): 95–109. http://dx.doi.org/10.1111/j.1748-121x.2006.00040.x.

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In 2005, the Law Commissions published a report reviewing unfair contracts legislation in the UK. Where the contract of employment was concerned, the Commissions were of the view that, in short, the status quo should remain. This paper seeks to appraise that position and considers whether an opportunity to bring forward beneficial reforms has been missed. The paper takes cognisance of the legislative scheme in New South Wales, which contains extensive powers where unfair contracts are concerned. It is suggested that, in the UK, the two key issues which need to be addressed are contracting-out and terms which may be substantively unfair.
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Edwards, John C., and Steven J. Karau. "Psychological Contract or Social Contract? Development of the Employment Contracts Scale." Journal of Leadership & Organizational Studies 13, no. 3 (February 2007): 67–78. http://dx.doi.org/10.1177/10717919070130030601.

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FENTIMAN, R. "CONTRACT OF EMPLOYMENT." Industrial Law Journal 14, no. 1 (1985): 51–53. http://dx.doi.org/10.1093/ilj/14.1.51.

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LEIGHTON, PATRICIA. "CONTRACT OF EMPLOYMENT." Industrial Law Journal 14, no. 1 (1985): 54–57. http://dx.doi.org/10.1093/ilj/14.1.54.

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RIDEOUT, R. W. "CONTRACT OF EMPLOYMENT." Industrial Law Journal 15, no. 1 (1986): 183–87. http://dx.doi.org/10.1093/ilj/15.1.183.

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BEERS, LEE SAVIO. "Employment Contract Negotiation." Pediatric News 41, no. 2 (February 2007): 66. http://dx.doi.org/10.1016/s0031-398x(07)70128-5.

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Wilhelm, Warren R. "The employment contract." Human Resource Management 33, no. 3 (1994): 323–24. http://dx.doi.org/10.1002/hrm.3930330302.

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Grebenyuk, V. "EMPLOYMENT LAW CONTRACT AS A SPECIAL TYPE OF EMPLOYMENT CONTRACT." Law and public administration 1, no. 1 (2020): 237–42. http://dx.doi.org/10.32840/pdu.2020.1-1.36.

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Dissertations / Theses on the topic "Employment contract"

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Slater, Henry John. "The distinction between a contract of employment and a contract with an independent contractor." Thesis, University of Port Elizabeth, 2001. http://hdl.handle.net/10948/276.

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The purpose of this treatise was to determine the distinction between the contract of service (employment) and the contract of work (independent contractor). A comprehensive literary survey was undertaken so as to establish if such a distinction does indeed exist. A logical point of departure was to study the contract of service and determine how the employment relationship is established by it. It is also necessary to establish under what circumstances a contract may be terminated and what the rights and obligations of the parties to the contract were. The contract between the parties will determine remedies to the breach of contract or applicability of labour legislation. It is also necessary to establish the definition of an employee under various statutes so as to understand what remedies exist should rights be infringed upon. Statutes considered include the Constitution of the Republic of South Africa, Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act, Unemployment Insurance Act, Compensation for Occupational Injuries and Diseases Act, Skills Development Act and the Income Tax Act. The effect of insolvency of the employer on the employee is also discussed. Outsourcing has played a major role in the emergence of the independent contractor. This phenomenon is considered from the point of the employer in terms of the reasons for choosing the option of outsourcing and the associated risks. The employee perspective is also dealt with in terms of why an employee would change his/her employment status. The various tests historically applied to determine the status of a worker is also discussed. These include the control, organisation, dominant impression and economic tests. Currently the dominant impression test is the one that is being applied to determine the employment relationship. Extensive reference was made to case law. United States of America cases are referred to with specific reference to the 20 Factor Test applied by the Internal Revenue Service. South African case law is dealt wit in terms of enforcement of Bargaining Council agreements, commission-earning persons, payment for services rendered, the intention of the parties and the identity of the true employer. The emergence of the dependent contractor is also addressed. This form of worker normally falls outside of the protection of labour legislation and social security. Amendments have been proposed to various statutes to remedy the situation in South Africa. A final aspect that is dealt with is that of vicarious liability. The applicability of this aspect lies in the liability of the employer for damages inflicted by the employee.
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Mgweba, Asiphe. "A revised role of good faith in the law of contract and employment contracts." University of the Western Cape, 2019. http://hdl.handle.net/11394/7033.

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Magister Legum - LLM
Good faith is an open ended concept which refers to fair and honest dealings. The function of this concept is to give expression to the community’s sense of what is fair, just and reasonable. The concept of good faith has and continues to acquire a meaning wider than mere honesty or the absence of subjective bad faith. It is an objective concept that includes other abstract values such as justice, reasonableness, fairness and equity. There is competition between the two underlying values or cornerstones of the law of contract, namely that of sanctity of contract (pacta sunt servanda) and fairness.
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Lindblom, Lars. "The Employment Contract between Ethics and Economics." Doctoral thesis, KTH, Filosofi, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-11346.

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This thesis investigates what work ought to be like. The answer it presents consists of an outline of a liberaltheory of justice in the employment contract based on theory developed in the area of political philosophy. Thethesis also examines issues of efficiency—How should measures to improve working conditions be evaluated?—and the ethical implications of the economic theory of employment contracts and the neoclassical theory of themarket. Paper I: A theoretical framework is introduced for the evaluation of workplace inspections with respect totheir effects on working conditions. The choice of a concept of efficiency is discussed, and its relation to criteriafor a good working environment is clarified. It is concluded that in order to obtain reliable information onthe effects of different inspection methods, it is necessary to perform controlled comparative studies in whichdifferent methods are used on different workplaces. Paper II: This article outlines the structure of a Rawlsian theory of justice in the employment relationship.The theory answers three questions about justice and the workplace. What is the relationship between socialjustice and justice at work? How should we conceive of the problem of justice within the economic sphere?And, what is justice in the workplace? Reasons for a specific construction of a local original position are givenand arguments are presented in support of a principle of local justice in the form of a choice egalitarian localdifference principle. Paper III: The political philosophy of John Rawls is applied to the moral dilemma of whistleblowing, andit is shown that that the requirement of loyalty, in the sense that is needed to create this dilemma, is inconsistentwith that theory. In a discussion and rejection of Richard De George’s criteria on permissible whistleblowing,it is pointed out that the mere rejection of loyalty will not lead to an extreme position; harms can still be takeninto account. Paper IV: The case is made that if contemporary economics of the employment contract is correct, thenin order to explain the existence of employment contracts, we must make the assumption that the contractingparties are attempting to deal with decisiontheoreticignorance. It follows that the course of action that theemployer chooses to take when acting from authority cannot be justified by consent, since the informednesscriterion of consent cannot be satisfied under ignorance. It is then suggested that in order to achieve justificationof acts of authority, there must be in place a real possibility to contest employers’ decisions. Paper V: According to Ronald Dworkin’s theory of equality of resources, mimicking the ideal market fromequal starting points is fair. According to Dworkin, the ideal market should be understood as described in GérardDebreu’s influential work, which implies that we should conceive of trade as taking place under certainty. Thereare no choices under risk in such a market. Therefore, there is no such thing as option luck in the ideal market.Consequently, when mimicking this market, we cannot hold people responsible for option luck. Mimicking thismarket also implies that we ought to set up a social safety net, since rational individuals with perfect foresightwould see to it that they always have sufficient resources at each point in life. Furthermore, the idea of insuranceis incompatible with the ideal market.
QC 20100728
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Timothy, Lester Clement. "Non-renewal of a fixed-term employment contract." Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/431.

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In terms of the common law contract of employment an employee who is a party to a fixed term contract, unlike an indefinite period contract, cannot be dismissed. The contract terminates upon an agreed or ascertainable date determined by the parties and the conclusion of the contract. Section 186(1)(b) of the Labour Relations Act 1995, however, defines the failure to renew a fixed term contract on the same or similar terms where the employee reasonably expected the contract to be renewed, as a dismissal. In this treatise the scope and content of this provision is considered with reference to relevant case law. The factors and considerations that establish a reasonable expectation are highlighted and considered. The question as to whether or not this provision also provides for the situation where an employee expects indefinite employment is also considered and critically discussed. The author concludes that the provision should not be interpreted in such a manner that an expectation of permanent employment is created.
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Deakin, Simon Francis. "Contract, labour law and the developing employment relationship." Thesis, University of Cambridge, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.291753.

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Sipuka, Sibongile, and Supervisor details. "Termination of the contract of employment not constituting dismissal." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/4811.

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Section 23 of the Constitution provides that everyone has a right to fair labour practice. The constitutional right to fair labour practices includes the right not to be unfairly dismissed and is given effect to by section 185 of the LRA. The constitutional right not to be unfairly dismissed is given effect to by Chapter VIII of the Labour Relations Act 66 of 1995 (the LRA), which provides a remedy for an unfair dismissal. Schedule 8 of the LRA contains a “Code of Good Practice: Dismissal”, which the Commission for Conciliation, Mediation and Arbitration (the CCMA) and the Labour Courts must take into account when determining the fairness of a dismissal. The LRA expressly recognises three grounds for termination of the employment contract namely; misconduct on the part of the employee, incapacity due to an employee’s poor work performance, ill health or injury and termination due an employer’s operational requirements. In terms of the LRA, a dismissal must be procedurally and substantively fair. The requirements for procedural and substantive fairness are contained in Schedule 8 of the Code of Good Practice: Dismissal. The provisions of section 185 of the LRA apply to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency, the South African Secret Service and the South African National Academy of Intelligence. Section 213 of the LRA defines an “employee” as any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration and any person who in any manner assists in carrying out or conducting the business of an employer. Section 200A of the LRA sets out the presumption as to who is an employee. This is a guideline to assist in determining who is an employee. The Basic Conditions of Employment Act 75 of 1997 (the BCEA) sets minimum terms and conditions of employment including the notice of termination of employment. Under the common law an employment contract of employment can be terminated on either the expiration of the agreed period of employment or on completion of the specified task in cases of fixed-term contracts. Also, in terms of general contract principles an employment contract may be terminated by notice duly given by either party or by summary termination in the event of a material breach on the part of either party. The death of either party may terminate the employment contract. However, the death of an employer will not necessarily lead to the contract’s termination. An employment contract may also terminate by operation of law or effluxion of time namely retirement and coming into being of fixed-term contracts, by mutual agreement, employee resigning, due to insolvency of the employer and due to supervening impossibility of performance. In the circumstances indicated above, the termination of the contract of employment does not constitute dismissal. This means that the CCMA and the Labour Court do not have jurisdiction to determine should the employee allege that his or her dismissal was unfair. It has been argued that the instances where a termination of a contract of employment is terminated, but there is no dismissal should be scrutinised to avoid a situation where employees are deprived of protection afforded by the fundamental right not to be unfairly dismissed. There have been some instances where employment contracts contain clauses that provide for automatic termination of employment contracts. It has been held by the courts in various decisions that such clauses are against public policy and thus invalid. The Labour Court stated that a contractual device that renders the termination of a contract something other than a dismissal is exactly the exploitation the LRA prohibits. There are various court decisions providing guidelines of circumstances in which termination of employment may be regarded as not constituting dismissal. The main focus of the treatise is to discuss these instances and critically analyse the approach taken by forums like the CCMA, bargaining councils and the Labour Court in dealing with such instances.
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Sipuka, Sibongile. "Termination of the contract of employment not constituting dismissal." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1021152.

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Section 23 of the Constitution provides that everyone has a right to fair labour practice. The constitutional right to fair labour practices includes the right not to be unfairly dismissed and is given effect to by section 185 of the LRA. The constitutional right not to be unfairly dismissed is given effect to by Chapter VIII of the Labour Relations Act 66 of 1995 (the LRA), which provides a remedy for an unfair dismissal. Schedule 8 of the LRA contains a “Code of Good Practice: Dismissal”, which the Commission for Conciliation, Mediation and Arbitration (the CCMA) and the Labour Courts must take into account when determining the fairness of a dismissal. The LRA expressly recognises three grounds for termination of the employment contract namely; misconduct on the part of the employee, incapacity due to an employee’s poor work performance, ill health or injury and termination due an employer’s operational requirements. In terms of the LRA, a dismissal must be procedurally and substantively fair. The requirements for procedural and substantive fairness are contained in Schedule 8 of the Code of Good Practice: Dismissal. The provisions of section 185 of the LRA apply to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency, the South African Secret Service and the South African National Academy of Intelligence. Section 213 of the LRA defines an “employee” as any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration and any person who in any manner assists in carrying out or conducting the business of an employer. Section 200A of the LRA sets out the presumption as to who is an employee. This is a guideline to assist in determining who is an employee The Basic Conditions of Employment Act 75 of 1997 (the BCEA) sets minimum terms and conditions of employment including the notice of termination of employment. Under the common law an employment contract of employment can be terminated on either the expiration of the agreed period of employment or on completion of the specified task in cases of fixed-term contracts. Also, in terms of general contract principles an employment contract may be terminated by notice duly given by either party or by summary termination in the event of a material breach on the part of either party. The death of either party may terminate the employment contract. However, the death of an employer will not necessarily lead to the contract’s termination. An employment contract may also terminate by operation of law or effluxion of time namely retirement and coming into being of fixed-term contracts, by mutual agreement, employee resigning, due to insolvency of the employer and due to supervening impossibility of performance. In the circumstances indicated above, the termination of the contract of employment does not constitute dismissal. This means that the CCMA and the Labour Court do not have jurisdiction to determine should the employee allege that his or her dismissal was unfair. It has been argued that the instances where a termination of a contract of employment is terminated, but there is no dismissal should be scrutinised to avoid a situation where employees are deprived of protection afforded by the fundamental right not to be unfairly dismissed. There have been some instances where employment contracts contain clauses that provide for automatic termination of employment contracts. It has been held by the courts in various decisions that such clauses are against public policy and thus invalid. The Labour Court stated that a contractual device that renders the termination of a contract something other than a dismissal is exactly the exploitation the LRA prohibits There are various court decisions providing guidelines of circumstances in which termination of employment may be regarded as not constituting dismissal. The main focus of the treatise is to discuss these instances and critically analyse the approach taken by forums like the CCMA, bargaining councils and the Labour Court in dealing with such instances
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Selusi, Sophie. "La cession du contrat de travail." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD058.

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S’inscrivant dans un contexte juridique et économique propice, cette thèse propose une utilisationrenouvelée de la cession de contrat adaptée au rapport de travail. Les finalités de ce mécanismejustifient l’opportunité de sa réception et de sa réalisation augurant son développement. Constatantque ni le législateur, ni le juge, ne font référence au dispositif, un effort de définition est accompli.La cession du contrat de travail est l’opération consistant à changer d’employeur avec l’accord dusalarié sans rupture. Repensées sous le prisme de la cession de contrat, les opérations se situant àla frontière du transfert d’entreprise sont clarifiées et réalisées de manière cohérente.Le particularisme du rapport de travail suppose que soit mis en place un système légal garantissantle consentement du salarié. Instaurant une continuité contractuelle, la mise en œuvre de cetinstrument confirme son utilité
Within a propitious legal and economic environment, this PhD thesis sheds the light of a suitableand renewed use of the assignment of contract. The purposes of the mechanism foster itsdevelopment. The lack of definition by lawmakers and judges tends to render such workmandatory. The assignment of contract shall be the operation changing of employer by mutualagreement with the employee without any termination. All operations closed to transfer ofundertaking are therefore clarified. The specificity of employment relationship involves a legalregime ensuring the consent of employee. Establishing a contractual continuum, its usefulness isjustified by its implementation
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Grušić, Uglješa. "The international employment contract : ideal, reality and regulatory function of European private international law of employment." Thesis, London School of Economics and Political Science (University of London), 2012. http://etheses.lse.ac.uk/583/.

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Private international law has traditionally been perceived as a field of law concerned with resolving individual private disputes and achieving private justice and fairness in individual cases. This dissertation challenges this view by examining the systemic function of European private international law of employment, one of allocating and protecting regulatory (i.e. legislative and adjudicatory) authority of states in the field of labour law, thus maintaining and managing the diversity of European national labour law systems and safeguarding the objectives of uniform and harmonised EU employment legislation. This dissertation also explores the changes that the ‘Europeanization’ of private international law of employment has brought about in the traditional rules and perception in this field of law in England. In addition to introducing special rules of jurisdiction in employment matters that had not existed before, the European private international law instruments have largely merged the traditionally perceived contractual, statutory and tortious claims into one type of claim for choice-of-law purposes, thereby also abolishing concurrent causes of action. The conceptualisation of this field of law in terms of its regulatory function reveals something about the nature of private international law as a whole. The fact that European private international law of employment performs a regulatory function is a piece of evidence for the proposition that the division between the ‘private’ and the ‘public’, traditionally perceived as embedded in the foundations of the discipline and even expressed in its very name, has faded away.
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Pelser-Carstens, Veruschka. "The employment, social and psychological contract and work outcomes in a private security organisation / V. Pelser-Carstens." Thesis, North-West University, 2012. http://hdl.handle.net/10394/10176.

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Employment relations literature is concerned with what is exchanged between the employer and the employee via an employment contract, a social contract or a psychological contract, with perceived mutual obligations (Rousseau, 1995; Capelli, 1999; Kalleberg, 2001). The psychological contract finds its foundation in the perceptions of the employee, that is, what the employee believe the employer has offered the employee in terms of their work relationship and the social contract refers to the expectations and obligations employers and employees have for their work and the employment relationship (Grahl, & Teague, 2009). The new employment contract differs from the old employment contract in that it is largely informal and even unwritten (Gilbert, 1996). This is in line with the new trend of business management as used by people-driven world-class organisations with a globalised focus (Gilbert, 1996). A research need exists to examine the potentially different or redundant effects of promises and expectations on the development of the obligations that are perceived to constitute the employment, the social and the psychological contracts (Martocchio, 2004; Shore, Tetrick, Taylor, Coyle-Shapiro, Liden, McLean-Parks, et al. 2004). The primary objective of this research is to investigate the relationship between the social- and the psychological contracts of private security employees (N=217) in the Vaal Triangle in terms of employability, job insecurity, job satisfaction, life satisfaction and intention to quit. This study is submitted in article form. The research method for each of the two articles consists of a brief literature review and an empirical study. Factor analyses, as well as Cronbach alpha coefficients were computed to assess the reliability of the research. Validity, Pearson product moment correlation coefficients as well as regression analysis were utilised to examine the relationship between the constructs employed in this research. The Employment Contract Scale (ECS) was also utilised as a research instrument, as the questionnaire-method proves to be largely reliable. Reliability analysis confirmed sufficient internal consistency of the subscales. The observed correlations were found to be comparable with the values reported in previous research by Edward and Karau (2007). By using multiple regression analysis, it was established that by investigating the relationship between the social- and the psychological contracts of private security employees (N=217) in the Vaal Triangle in terms of employability, job insecurity, job satisfaction, life satisfaction and intention to quit (the primary objective of this research) that job satisfaction and intention to quit predicted the social contract and that job satisfaction and life satisfaction predicted the psychological contract. No relationship however exists between employability, intention to quit and the psychological contract. Recommendations are advanced for future research.
MA (Labour Relations Management) ,North-West University, Vaal Triangle Campus, 2013
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Books on the topic "Employment contract"

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Leighton, Patricia. The new employment contract: Using employment contracts effectively. London: Nicholas Brealey, 1995.

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Payne, Desmond. Employment contract manual. Aldershot, Hants, England: Gower, 1987.

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Payne, Desmond. Employment contract manual. Aldershot: Gower, 1987.

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Aust, A. Edward. The employment contract. Cowansville, Que: Éditions Yvon Blais, 1988.

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Trebilcock, Michael J. Post-employment contractual restraints. [Toronto, Ont.]: Law and Economics Programme, Faculty of Law, University of Toronto, 1986.

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Elliott, Cheryl J. Employment contracts handbook. Aurora, Ont: Canada Law Book, 1990.

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Elliott, Cheryl J. Employment contracts handbook. 3rd ed. Aurora, Ont: Canada Law Book, 2003.

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Silva, S. R. De. The contract of employment. Colombo: The Employers Federation of Ceylon, 1998.

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Aust, A. Edward. The executive employment contract. Markham, Ont: LexisNexis, 2012.

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Irving, Mark. The contract of employment. Chatswood, NSW: LexisNexis Butterworths, 2012.

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Book chapters on the topic "Employment contract"

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de Weger, Frans. "Employment Contract." In The Jurisprudence of the FIFA Dispute Resolution Chamber, 131–61. The Hague: T.M.C. Asser Press, 2016. http://dx.doi.org/10.1007/978-94-6265-126-5_6.

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Hansmann, Henry. "Employment Contract Law." In The New Palgrave Dictionary of Economics and the Law, 705–11. London: Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1007/978-1-349-74173-1_136.

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Lockton, Deborah J. "Terms of the Contract." In Employment Law, 22–38. London: Macmillan Education UK, 1999. http://dx.doi.org/10.1007/978-1-349-15002-1_3.

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Lockton, Deborah J. "Terms of the Contract." In Employment Law, 36–55. London: Macmillan Education UK, 2014. http://dx.doi.org/10.1007/978-1-137-08551-1_3.

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Sargeant, Malcolm, and David Lewis. "The contract of employment." In Employment Law, 55–87. 9th edition. | Milton Park, Abingdon, Oxon ; New York, NY :: Routledge, 2020. http://dx.doi.org/10.4324/9780429259241-4.

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Charles, Barrow, and Lyon Ann. "The contract of employment." In Modern Employment Law, 24–39. Abingdon, Oxon; New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781315713861-2.

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Benson, Edward. "The Contract of Employment." In The Law of Industrial Conflict, 3–11. London: Palgrave Macmillan UK, 1988. http://dx.doi.org/10.1007/978-1-349-08802-7_1.

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Cheatle, Kelvin, and Richard Pettinger. "Contract of employment (1)." In Mastering, 12–30. London: Macmillan Education UK, 2001. http://dx.doi.org/10.1007/978-1-349-91298-8_3.

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Cheatle, Kelvin, and Richard Pettinger. "Contract of employment (2)." In Mastering, 31–52. London: Macmillan Education UK, 2001. http://dx.doi.org/10.1007/978-1-349-91298-8_4.

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Feng, Chuan, Leyton P. Nelson, and Thomas W. Simon. "Contract and Employment Law." In China’s Changing Legal System, 129–40. New York: Palgrave Macmillan US, 2016. http://dx.doi.org/10.1057/9781137452061_7.

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Conference papers on the topic "Employment contract"

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Vanda, Božić. "CONTRACT FOR WORK AS A GENERAL TYPE OF SERVICES CONTRACT." In International scientific conference challenges and open issues of service law. Vol. 1. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko1.003b.

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The contract for work (Locatio Conductio Operis) is the basic form (general type) of all service contracts. With these contracts, one contracting party obligates the other to provide the contracted service, while the other contracting party obligates the first to pay the contracted fee for the provided service. From the work contract, as a general type of service contract, arose the construction contract, the copyright contract, the contract for the transportation of persons, the contract for the transportation of goods and other contracts that today represent separate named contracts. For the stated reason, service contracts should primarily be viewed as work contracts. Depending on the subject or content of the service of a particular service contract, we can talk about one of the named legal-obligatory contracts. Likewise, it can be about contracts of a mixed nature, as well as about sui generis contracts. The paper points out the concept, subjects and object of the obligation of the contract for work, as well as the very meaning of the contract and its essential characteristics. It is emphasized that in the Republic of Serbia, the legal institution of the contract for work as a contract outside the employment relationship has not been adequately used. We are increasingly encountering its abuses, in order to cover up the actual employment relationship with a contract for work. Therefore, it is necessary to undertake appropriate efforts to improve positive legal regulations in order to ensure, to the greatest extent possible, the conclusion of contract for work only for flexible types of jobs and jobs that are not part of the employer's activity
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Song, Qingfeng, Kai Shi, and Sheng Lin. "An employment contract with fairness preference." In 2013 25th Chinese Control and Decision Conference (CCDC). IEEE, 2013. http://dx.doi.org/10.1109/ccdc.2013.6561200.

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Jovanović, Aleksandra, and Aneta Atanasovska-Cvetković. "Loan contract (Roman mutuum): Legal rules pre and after the Serbian Civil Code from 1844. and the Criminal Code from 1929." In Employment, Education and Entrepreneurship 2024, 898–909. Faculty of Business Economics and Entrepreneurship, 2024. https://doi.org/10.5937/eee24082j.

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If we understand that every business requires money that would be further invested in the necessary equipment in order to develop it, the question arises: what should be done in case the entrepreneur lacks certain means to achieve the intended goal? One of the possible solutions is a loan, regardless of whether it is in the form of a bank loan or a loan from a "friend". The impression that loans have been present in civilized society since ancient times is justified - business transactions and the development of trade have existed "as long as the world and centuries", and thus a loan as a legal action undertaken with the aim of maintaining transactions or raising the activity to another stronger and more intensive one level, which brings with it the question of responsibility for non-fulfillment of the contract. The authors in this article deal with the loan, more specifically the loan contract, as one of the drivers of today's business through the prism of legal rules from ancient times to the present day, as well as the issue of responsibility for it, defending the acquired position that the loan agreement is one of the basic contracts when it comes to about the economy, business and entrepreneurial spirit.
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Prokopchuk, N. R., and I. V. Dvykaliuk. "Features of an employment contract with homework." In TOPICAL ISSUES OF MODERN JURISPRUDENCE. Baltija Publishing, 2023. http://dx.doi.org/10.30525/978-9934-26-313-2-24.

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Khairiyati, Fithry, Faisal Santiago, and Boy Nurdin. "Default Settlement in Employment Contract in Legal Perspective." In Proceedings of the 2nd Multidisciplinary International Conference, MIC 2022, 12 November 2022, Semarang, Central Java, Indonesia. EAI, 2023. http://dx.doi.org/10.4108/eai.12-11-2022.2327349.

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Хабиева, Елена Викторовна. "EFFECTIVE EMPLOYMENT CONTRACT WITH A TEACHER: PAST AND PRESENT." In Теоретические и практические аспекты развития науки в современном мире: сборник статей международной научной конференции (Санкт-Петербург, Март 2023). Crossref, 2023. http://dx.doi.org/10.37539/230317.2023.52.15.002.

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Эффективный трудовой договор с преподавателями средних профессиональных образовательных организаций - способ практической реализации гарантий работнику по достойной оплате труда, складывающейся из базовой части оплаты труда (тарифная ставка, оклад), компенсационных и стимулирующих выплат, а также выплат социального характера. An effective employment contract with teachers of secondary vocational educational organizations is a way of practical implementation of guarantees to the employee for decent wages, consisting of the basic part of wages (wage rate, salary), compensation and incentive payments, as well as payments of social character.
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Sevostyanov, S. S. "The concept of an employment contract on remote work." In THE LATEST LAW DEVELOPMENTS. Baltija Publishing, 2024. http://dx.doi.org/10.30525/978-9934-26-432-0-16.

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Pan, Feng, and Weiwei Xie. "Study on Judicial Judgment Criteria Concerning Modification to Employment Contract." In 2017 2nd International Conference on Education, Sports, Arts and Management Engineering (ICESAME 2017). Paris, France: Atlantis Press, 2017. http://dx.doi.org/10.2991/icesame-17.2017.380.

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Malitskii, V. P. "Problem aspects of changing the employment contract unilaterally (by employer initiative)." In ТЕНДЕНЦИИ РАЗВИТИЯ НАУКИ И ОБРАЗОВАНИЯ. НИЦ «Л-Журнал», 2019. http://dx.doi.org/10.18411/lj-03-2019-75.

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Wardani, Susilo. "Implementation of the Employment Social Security for Informal Workers or Labors with No Employment Contract in Purbalingga Regency." In Proceedings of the First International Conference on Progressive Civil Society (ICONPROCS 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/iconprocs-19.2019.61.

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Reports on the topic "Employment contract"

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Da Costa, Carlos, Lucas Maestri, and Cezar Santos. Job Quality, Search, and Optimal Unemployment Contracts. Inter-American Development Bank, January 2025. https://doi.org/10.18235/0013396.

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When searching for employment, workers consider non-wage job characteristics, such as effort requirements or amenities. We study an environment where unemployed workers search for jobs of different quality in a labor market characterized by directed search. In equilibrium, firms are more likely to post vacancies for low-quality jobs, as these are more profitable. Hence, high-quality jobs are hard to come across. The non-observability of these employment contracts influences the optimal unemployment insurance (UI) program, leading to distortionary taxation. Calibrating the model to the U.S. economy, we find that non-observability of employment contracts results in faster declining UI benefits, steeper taxes upon re-employment, distortionary taxation, and a 10.5% costlier program than an observable contract scenario providing equal welfare.
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Pijoan-Mas, Josep, and Pau Roldan-Blanco. Dual labor markets and the equilibrium distribution of firms. Madrid: Banco de España, October 2024. http://dx.doi.org/10.53479/37913.

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We study the effects of dual labor markets (i.e. the co-existence of fixed-term and open-ended contracts) on the allocation of workers within and across firms, the equilibrium distribution of firms, aggregate productivity, and welfare. Using rich Spanish administrative data, we document that the use of fixed-term contracts is very heterogeneous across firms within narrowly defined sectors. In particular, there is a strong relationship between the share of temporary workers and firm size, which is positive when looking at within-firm variation but negative when looking at the variation between firms. To explain these facts, we use a directed search model of multi-worker firms, with ex-ante firm heterogeneity in technology types, and ex-post firm heterogeneity in transitory productivity, the composition of employment by contract type (fixed-term or open-ended) and human capital accumulated on the job. In counterfactual exercises, we find that limiting the use of fixed-term contracts decreases the share of temporary employment and increases aggregate productivity, but it also reduces total employment and leads to an overall decline in total output and welfare. The increase in productivity comes from an improved selection of firms, which more than offsets an increased misallocation of workers across firms.
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KaralynClouser, Karalyn, Natalie NatalieVillwock-Witte, Carrie Kissel, and Bret Allphin. Supporting Employment Transportation in Southern Georgia. Western Transportation Institute, October 2023. http://dx.doi.org/10.15788/1700592681.

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The Southern Georgia Regional Commission (SGRC) is a regional planning agency that conducts economic development, regional transportation and environmental planning, local government services, aging programs, workforce development, geographic information systems (GIS), and other services for an eighteen-county region. The region includes Atkinson, Bacon, Ben Hill, Berrien, Brantley, Brooks, Charlton, Clinch, Coffee, Cook, Echols, Irwin, Lanier, Lowndes, Pierce, Tift, Turner, and Ware Counties. Within its rural regional transportation program, SGRC develops rural transit development plans (TDPs) under contract to the Georgia Department of Transportation. SGRC also administers coordinated human services transportation for clients of agencies within Georgia’s Department of Human Services. In the summer of 2021, SGRC began to operate rural public transit services on a regional basis called SGRC Regional Transit, providing a mobility option for 15 of the 18 counties in the region. One of the region’s goals in establishing region-wide rural public transit is to address economic development, including providing mobility to existing and potential employment sites. The region’s 2020 update to the Comprehensive Economic Development Strategy (CEDS) notes: “While some growth has been experienced within the region, persistent poverty, underemployment, and unemployment continue to plague the area.” Several goals and strategies in the CEDS relate to these issues of addressing poverty and employment. These include encouraging the establishment of transportation systems and facilities that support residents and visitors to broaden mobility options. In addition, some employers have already begun transportation services at their own expense. Others, including food processing business, have expressed to area workforce development and economic development professionals that they could create additional jobs if they had access to additional workers.
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Blyde, Juan S., Matías Busso, Kyunglin Park, and Dario Romero. Research Insights: How Did Mexican Local Labor Markets Respond to the Rising Import Competition in Their Domestic Markets? Inter-American Development Bank, March 2023. http://dx.doi.org/10.18235/0004800.

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Due to an increase in import competition from the early 2000s, Mexico experienced a loss in manufacturing employment of 1.8 percentage points accompanied by a decrease in wages in the short run. These negative effects persisted but its size decreased in absolute value. Twenty after the shock, the negative effects have disappeared. This fade out on the aggregate effects on employment happened through several adjustments in the labor market. Wage employees were substituted by contract workers, and formal workers substituted by informal workers.
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Adamopoulou, Effrosyni, Luis Díez-Catalán, and Ernesto Villanueva. Staggered contracts and unemployment during recessions. Madrid: Banco de España, April 2024. http://dx.doi.org/10.53479/36474.

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This paper studies the impact of downward wage rigidity on wage and employment dynamics after the outbreak of major recessions in Spain. Downward wage rigidity stems from collective agreements, which set province-sector-skill-specific minimum wage floors for all workers. By exploiting variation in the renewal of collective agreements, we find that those signed before the onset of recessions settle on higher nominal negotiated wage growth than agreements signed afterwards. Leveraging social security data and the distribution of the worker-level bite of minimum wage floors, we document that the negotiated wage rigidity translated into higher wage growth mainly among workers with near-floor wages. Consequently, these workers experienced a substantial and highly persistent increase in the probability of non-employment, but only if they were covered by long-duration collective agreements. Our findings highlight the interplay between rigidity at different parts of the wage distribution and labor market institutions and identify conditions under which collective contract staggering and the inability to renegotiate may amplify aggregate shocks.
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Adamopoulou, Effrosyni, Luis Díez-Catalán, and Ernesto Villanueva. Staggered contracts and unemployment during recessions. Madrid: Banco de España, April 2024. http://dx.doi.org/10.53479/36473.

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This paper studies the impact of downward wage rigidity on wage and employment dynamics after the outbreak of major recessions in Spain. Downward wage rigidity stems from collective agreements, which set province-sector-skill-specific minimum wage floors for all workers. By exploiting variation in the renewal of collective agreements, we find that those signed before the onset of recessions settle on higher nominal negotiated wage growth than agreements signed afterwards. Leveraging social security data and the distribution of the worker-level bite of minimum wage floors, we document that the negotiated wage rigidity translated into higher wage growth mainly among workers with near-floor wages. Consequently, these workers experienced a substantial and highly persistent increase in the probability of non-employment, but only if they were covered by long-duration collective agreements. Our findings highlight the interplay between rigidity at different parts of the wage distribution and labor market institutions and identify conditions under which collective contract staggering and the inability to renegotiate may amplify aggregate shocks.
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Claro de la Maza, Jorge, and Roberto Camblor. Government Procurement and Free Trade in the Americas. Inter-American Development Bank, January 1999. http://dx.doi.org/10.18235/0008614.

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Governments in many countries -at all levels of development- struggle with increasing budget deficits and soaring national debts. Over the last century, government spending, as a percentage of gross domestic product has tended to increase and with it has increased the range of services offered by governments and the volume of public procurement resulting from it. The growth in public procurement has been accompanied by a growth in public procurement legislation. As the public sector grew, a need made itself to seek assistance form the private sector to provide public services on a contractual and sub-contractual basis. In various countries, especially those characterized by a civil law system, government contracts took on a peculiar nature, distinct from private contracts constituting a distinct legal category, separated form private contracts rules concerning contract formation, termination, settlement of disputes and other situations. As public procurement grew in volume and value, so did its importance to employment and the national economy. In most countries, the early procurement laws were protective of domestic industry. At the same time, competition for public business grew among nationals in step with the growth of public expenditure devoted to procurement of goods and services. These laws recognized the right of nationals to be treated equally, to have equal access to public contracts. As a result, the standard method of procurement would consist in an advertised opportunity for all interested firms to bid for public contracts on auction basis.
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Luzes, Marta, Alejandra Rivera Rivera, Lucina Rodríguez Guillén, and Cynthia van der Werf. Impacts of a Regularization Program in Peru. Inter-American Development Bank, August 2024. http://dx.doi.org/10.18235/0013118.

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This paper examines the impacts of a migrant regularization program implemented in Peru in 2021. We find that the regularization process positively impacted migrant integration through labor outcomes (access to a written contract and increased income), social outcomes, and access to health services. The results of this study provide evidence of the importance of regularization programs for migrant populations and their impacts on well-being and productive integration in a context of high employment informality and limited public service coverage. The lessons learned are essential not only for developing countries where unexpected migratory flows have made regularization processes common but also for similar south-south movements, where the presence of migrants can pose unique challenges for host societies.
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Lentz, Rasmus. Optimal Employment Contracts with Hidden Search. Cambridge, MA: National Bureau of Economic Research, March 2014. http://dx.doi.org/10.3386/w19988.

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Loschmann, Craig, Marta Luzes, Alejandra Rivera Rivera, and Cynthia van der Werf. Labor Market Effect of Granting Amnesty to Venezuelan Refugees and Migrants in the Dominican Republic. Inter-American Development Bank, August 2024. http://dx.doi.org/10.18235/0013117.

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This paper examines the labor market impact of an amnesty program in the Dominican Republic, that grants Venezuelan refugees and migrants an ID card that allows them to work legally. To identify the effect, we compare the outcomes of those who received and did not receive ID cards before and after they were issued, leveraging the unexpected timing of their distribution. Our findings reveal negligible effects on the extensive margin, but indicate positive effects on the quality of employment, particularly in the likelihood of having a written contract and working in the formal sector. However, no discernible impact is observed on the likelihood of being overqualified for ones job or salary. The results suggest that the amnesty has helped Venezuelans integrate into the formal labor market, yet additional reforms such as title validation may be necessary to address the remaining barriers limiting full socio-economic inclusion.
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