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Dissertations / Theses on the topic 'Employment rights'
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1
Ball, Yvonne. "Privacy rights in employment." Thesis, University of Central Lancashire, 2008. http://clok.uclan.ac.uk/21606/.
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This thesis undertakes to research the development of domestic legal protection for privacy rights within employment. Unusually for a current work, it does this by returning to the genesis of the protections. The work challenges pervasive arguments that the notion of confidence did not protect privacy and exceptionally argues that the earliest incarnation of the notion of confidence was well equipped to protect private and personal information against disclosure. The thesis puts forward the novel view that the problems that have arisen in providing domestic protection for such information, in the absence of a right to privacy, are the result of an unfortunate narrowing of the original notion. This position is underpinned by the contention that a number of cases misinterpreted the nature of the original tort and did not fully recognise the requirement to provide protection against the acquisition of personal information. The historical analysis contributes to current knowledge by providing an alternative interpretation of the historical legal framework. This analysis provides an unorthodox assessment of the opportunities provided to the courts by the notion of confidence, to enhance both the theory and practical impact of the protection of privacy rights within employment Furthermore the thesis evaluates a broad range of case law from the European Court of Human Rights. These include general privacy cases, those involving wrongdoers as well as general employment cases. These cases are used to identify any consistent themes or conflicts in the application of the right to privacy. The evaluation produces a highly developed analysis and uncovers the latent significance of employment policies in both the protection of and the intrusion into, an employee's privacy. Most notably and distinctively the thesis identifies the important role that a well-crafted policy can have in augmenting an insubstantial legislative framework, provided that some legal basis provides the foundation for the policy. This evaluation also exposes the implications of any policy, which provides the basis for an interference with an employee's privacy and unconventionally highlights that the mere existence of such a policy can of itself amount to an intrusion, whether or not it is put into practice. Moreover, the thesis considers whether the incorporation of the right to privacy into domestic law has any impact upon private sector employers and employees. It heightens knowledge of the positive obligations placed upon the state and the courts to protect the right to privacy of all individuals against intrusions by the state and significantly against intrusions by other individuals or private sector organisations. The thesis therefore provides a valuable addition to current understanding of the interventionist and rigorous protections for privacy rights within employment, provided by the Strasbourg Court. This in turn provides the foundation for the unique evaluation of how effectively the right to privacy is incorporated into current domestic law. The thesis has taken the valuable opportunity provided by the tenth anniversary of the publication of the Human Rights Act 1998 to consider its impact upon privacy rights within employment. It takes advantage of the occasion to re-evaluate the categories of confidence and privacy and to analyse the principles underpinning the notions within domestic courts. The work exceptionally compares the development of domestic employment law with the development of general civil and criminal cases. This is an effective structure, which facilitates the development of arguments outlining how privacy rights within employment can be more effectively recognised and protected. The thesis does not shirk the challenges posed by the complex and difficult piece of legislation known as the Regulation of Investigatory Powers Act 2000, a particularly puzzling statute'. 1 It singularly and painstakingly reviews its provisions and questions whether accepted interpretations are correct or workable. The work offers an independent analysis of the rationale and application of its terms and brings to light the finding that despite its name Part II of the Act does not provide any powers and does not regulate the use of any existing powers but merely provides a framework, by which, intrusions may be undertaken by public authorities 'in accordance with the law' where there is no other statutory basis for the interference. The thesis makes an interesting case that other than where it creates criminal offences and civil liabilities for the interception of communications2, it has little if any effect upon the monitoring of employees, whether in the public or private sectors. The thesis also evaluates the Data Protection Act 1998 and The Employment Practices Code. It originally asserts that the Act and the Code provide the statutory basis for employers to intrude into the private lives of employees and prospective employees 'in accordance with the law' where it is necessary and proportionate to so; providing the employer has established and published policies that make the intrusion foreseeable in the circumstances. The fact that these arguments need to be evaluated and explained, naturally leads to the explicit conclusion that the incorporation of the rights protected by Article 8 in the statutory framework have failed to supply the necessary clarity to provide forseeability or to give, strengthen or explicitly restrict privacy rights within employment. Additionally, the creative comparison with the general privacy and criminal cases brings to light the evident disparity in the development of the case law in these areas compared with the development within employment cases. The thesis sets out the &adual but definite maturing of the protection noticeable in general privacy and criminal cases, particularly in v W [2003] EWCA Crim 1632 p. 98 2 Which themselves are modified by the Telecommunication (Lawful Business Practice) (Interception of Communications) Regulations, 2000 L1 relation to wrongdoing and rehabilitation, arguing that this has yet to filter into the employment cases. This leads to proposals for reform to remove the evident confusion for employers, employees, legal advisors, those providing oversight and commentators. The proposals encourage the judiciary to embrace the challenges and possibilities provided by the Human Rights Act 1998 to provide appropriate protections for privacy rights within employment. The thesis provides a platform for further research within this area and makes recommendations as to how the findings could be developed by both empirical research or by further comparative studies. The unusual approach to the research, the original nature of the findings and proposals for reform provide a valuable contribution to knowledge of the domestic legal framework, both statutory and common law suggesting both how it may be more effectively applied and how it could profitably be developed and clarified for both employers and employees. The thesis has thereby moved the debate to a different theoretical place from the established view of the ability of domestic law to effectively protect privacy rights within employment.
2
Shim, Jaejin. "Equality or the right to work? : explanation and justification of anti-discrimination rights in employment." Thesis, London School of Economics and Political Science (University of London), 2008. http://etheses.lse.ac.uk/2176/.
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This thesis explores the relationship between anti-discrimination rights in employment and equality, on the one hand, and the right to work, on the other hand, in an attempt to achieve a full understanding of this relationship, in terms of three different dimensions: the analytic, the moral and the socio-legal. Firstly, the thesis aims to examine analytically the relationship between anti-discrimination rights in employment and the two values. Secondly, the thesis considers whether such a relationship is morally desirable. Thirdly, it looks at how the current relationship between anti-discrimination rights in employment and equality was established. The thesis adopts three different kinds of methodology, corresponding to each of the three aspects of the relationship mentioned above: conceptual analysis, moral evaluation and socio-legal studies. In a methodological sense, the thesis will explore the conceptual and socio-legal explanation and the justification of anti-discrimination rights with reference to the two values. This thesis firstly concludes that the right to work approach to anti-discrimination in employment, as an alternative to the equality approach, would explain anti-discrimination rights in employment more clearly and consistently. Secondly, it shows that, with reservations in relation to some parts of the prohibition of indirect discrimination, the right to work approach would transform the prohibition of direct and indirect discrimination in a more justifiable way than the equality approach, as the former would solve the justifiability issues caused by the latter. Nonetheless, the socio-legal study of the anti-discrimination laws of the US and UK demonstrates that equality was established as their underlying value in a particular socio-legal context, where economic liberty was dominant in the regulation of the workplace and the social movements were separated from the trade unions, mainly reflecting male or white workers and neglecting the voices of those who were vulnerable to the then prevalent forms of discrimination.
3
O'Connor, Niall. "The impact of EU Fundamental Rights on the employment relationship." Thesis, University of Cambridge, 2019. https://www.repository.cam.ac.uk/handle/1810/286333.
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The purpose of this thesis is to assess the impact of the EU Charter of Fundamental Rights (the Charter) on the employment relationship. The Charter has long been praised for its inclusion of socio-economic rights alongside traditional civil and political rights. It might have been thought, therefore, that the Charter would be a particularly potent tool in the employment context, characterised as it is, by the continuous interaction between economic and social rights. However, to draw an analogy from George Orwell's Animal Farm, although 'all rights are equal, some rights are more equal than others'. Not only does the Charter distinguish between 'rights' and 'principles', but the EU Court of Justice (CJEU) seems actively to prioritise the Charter's economic freedoms over the social rights. This thesis focuses on the consequences of this variable geometry for the regulation of the employment relationship. In particular, it examines the widening gap between contractual autonomy/business freedom as a fundamental right found in article 16 of the Charter and the employment rights contained in the Solidarity Title. Of particular concern from an employee's perspective is the decision of the CJEU in the case of Alemo-Herron and its progeny. In a series of highly deregulatory judgments, the CJEU has found that the employee-protective aim of the relevant legislation was incompatible with the employer's freedom to conduct a business. At the same time, the CJEU has been reluctant to invoke the Charter's employment rights to give an employee-friendly reading to legislation. The effect of this divergence for the employment relationship is explored in two ways. On a micro level, the thesis looks to the very practical or 'day to day' influence of fundamental rights at various stages in the life cycle of the employment contract. It addresses the relationship between individually agreed employment terms and fundamental rights sources. The macro level considers the broader question of the effect of fundamental rights on the EU's (or the State's) ability to regulate the employment relationship more generally. It is demonstrated that there may be a systemic problem with fundamental economic freedoms being prioritised over social rights, namely the employment provisions of the Charter.
4
Ndungu, Martha Wanjiru. "Employee rights over inventions and innovations in employment in Kenya." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20817.
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We live in an economy where intangible assets have become valuable commodities. These intangible assets are created by individuals, or groups who apply their creativity and ingenuity appropriately. The result of such ingenuity and creativity is product that is deemed to be so important that it qualifies for legal protection. Such assets will benefit any individual, business, company or enterprise that has the ownership right or title and the ability to commercially exploit the asset. Therefore, there is an interest in the ownership and control of the assets as well as the manner in which legal entitlement is devised by the law. Where, the asset is an invention that is patentable the law has granted the employer ownership. This thesis considers how the law balances the right it gives to the employer and the compensation it grants the inventive employee. The thesis seeks to ensure that an employee-inventor has been adequately compensated for his ingenuity and for producing the fruits of his creativity.
5
Gauss, Tanja Claudine. "The extension of employment rights to employees who work unlawfully." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1569.
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South Africa has over the years and particularly since the enactment of our new Constitution, attracted an increasing number of foreigners. One of the main problems associated with the large number of illegal immigrants in this country is that they are placing strain on South Africa‟s already scare resources such as housing and healthcare. A further problem is that these illegal immigrants are competing with South Africans for jobs which are already scarce, and thus aggravating the unemployment situation. Nevertheless, these illegal immigrants are being employed and by virtue of their circumstances are easily exploited and often the victims of cheap labour, corruption, eviction and assault. Given that these workers are illegal immigrants not in possession of the required work permits, their employment is prohibited by the Immigration Act 13 of 2002. They are thus illegal workers. Another category of illegal workers are those, predominantly women, who are employed in an industry which offers easy income with no contractual obligations – the prostitution industry. Despite the prohibition of prostitution by the Sexual Offences Act 23 of 1957, the prostitution industry throughout South Africa continues to exist. These workers are also particularly vulnerable and easily exploited and abused by their employers. Illegal immigrants and sex workers in South Africa have until recently been denied access to the protection of our labour legislation, by virtue of the illegality of their employment contracts. However two recent controversial decisions, that of the Labour Court in the Discovery Health case, and that of the Labour Appeal Court in the Kylie case, have changed this position.
6
Tarnoff, Karen Ann. "Students' attitudes toward unions and employment rights issues: a preliminary investigation." Thesis, Virginia Tech, 1993. http://hdl.handle.net/10919/40629.
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Cholewinski, Ryszard. "Migrant workers in international human rights law : their protection in countries of employment /." Oxford : Clarendon Press, 1997. http://www.gbv.de/dms/spk/sbb/recht/toc/279985177.pdf.
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Duckworth, Stephen Charles. "Disability and equality in employment : the imperative for a new approach." Thesis, University of Southampton, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.295608.
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Kabbenäs, Malin. "Förbigående av företrädesrätten till återanställning med hjälp av bemanningsföretag : -Att anses som ett kringgående av LAS?" Thesis, Linnéuniversitetet, Institutionen för ekonomistyrning och logistik (ELO), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-41728.
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The aim of this essay is to discuss the problems concerning the right of priority for re-employment in connection to employing temporary agency workers. This will be done with the help of relevant laws, preparatory work and literature that fall within the scope of the legal dogmatic method. Using temporary personnel is becoming considerably more common throughout the Swedish workplace. In recent years there has been a rapid growth of work agencies and a tendency to employ temporary personnel. At the same time employees are made redundant, suffering the consequences that arise from the workplace failing to abide by the rules of re-employment. In order to claim that the employer has failed to follow the right of priority for re-employment, evidence must be sufficient. It must also show that the employers’ actions were unfit in relation to the circumstance. It is difficult to identify whether the employer has failed to follow the right of priority for re-employment. The aim, measures and actions of the right of priority for re-employment must be reassessed in order to apply the law effectively. Unfortunately, in comparison to the labor management rights act, the right of priority for re-employment is easily bypassed.
10
Valette, Delphine. "Protection against employment HIV-testing and HIV/AIDS related discrimination : the potential and limitations of UK anti-discrimination law." Thesis, University of Bristol, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.391178.
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Savitsky, Jerome. "A theoretical analysis of the labor market wage and employment effects of Title VII of the Civil Rights Act of 1964." Diss., Virginia Polytechnic Institute and State University, 1989. http://hdl.handle.net/10919/54411.
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The dissertation explores the labor market effects of Title VII of the Civil Rights Act of 1964, which prohibits employers from practicing wage discrimination and employment dis- crimination on the basis of race, sex, religion, national origin or color.
A theoretical model of the equal wage and the equal employment provisions of Title Vll is developed and applied to the labor input decisions of a discriminating firm. The enforcement model is then extended to consider the market-wide wage and employment effects of Title Vll.
The analysis raises questions as to whether Title Vll, as it is enforced by the Equal Employment Opportunity Commission, can in fact increase the market wages and improve the market employment opportunities of the workers who face discrimination in the labor market. The labor market wage and employment effects of Title VII under alternate enforcement strategies are also examined.Ph. D.
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Lacerda, Rosangela Rodrigues Dias de. "Reconhecimento do vínculo empregatício para o trabalho da prostituta." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2138/tde-31082017-105056/.
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O presente estudo tem por objeto a possibilidade de reconhecimento do vínculo laboral para o trabalho da prostituta, sendo sufragada a tese de que o objeto contratual, na prestação de serviços sexuais, é lícito e, por conseguinte, há a possibilidade, se presentes a onerosidade, permanência, pessoalidade e subordinação, de reconhecimento do vínculo empregatício para o trabalho da prostituta. A tese, portanto, é de que a prostituta faz jus ao pagamento de todas as verbas trabalhistas previstas na legislação laboral, tais como décimo terceiro salário, férias acrescidas de um terço, horas extraordinárias, adicional noturno, Fundo de Garantia por Tempo de Serviço, dentre tantos outros direitos, como qualquer outro trabalhador subordinado. Além disto, será ainda destinatária de políticas públicas que visem assegurar um meio ambiente de trabalho hígido e seguro, devendo ser observadas as Normas Regulamentadoras expedidas pelo Ministério do Trabalho e Emprego, bem como outras normas de medicina, saúde e segurança do trabalho que vierem a ser editadas. Conquanto o presente trabalho se refira em inúmeras oportunidades apenas às prostitutas, utilizando o substantivo no feminino, em verdade são abrangidos os exercentes da atividade de ambos os sexos, sem qualquer distinção, desde que exerçam a profissão voluntariamente e sejam maiores de dezoito anos. As metodologias utilizadas, precipuamente, foram a pesquisa bibliográfica e a pesquisa documental. A pesquisa bibliográfica envolveu a busca de livros, monografias, teses, dissertações, artigos pulicados em revistas especializadas, jornais e revistas, e teve a precaução de incluir os fundamentos das vertentes contrárias, em busca dos alicerces para firmar o novo entendimento sobre o tema, especialmente quanto à possibilidade de reconhecimento do vínculo empregatício para o trabalho da prostituta.This research is about the possibility of recognizing the employment bond for prostitutes labor, after covering the theory that defends the contractual object, on provision of sexual services, is lawful and if exists burden, permanence, personality and subordination, the employment bond of prostitutes can be recognized. This theory says that prostitute is entitled to be paid for all the payroll amounts provided on labor legislation as extra month salary, holiday plus a third, overtime, additional nightly working time, Time of Service Guarantee Fund (FGTS), between other rights that any other subordinate employee has. Furthermore, public policies aimed at ensuring a working environment healthy and with insurance (Regulatory Standards issued by the Ministry of Labor and Employment should be observed, as well as other rules of medicine, health and safety that may be published) will be addressed to this employment bond. Although this work refers the word prostitute in a female way, in fact it refers both sexes without distinction, as far as they are engaged in that occupation voluntarily and are over 18 (eighteen) years. The methodologies used on this paper are literature and documentary research. The literature review involved a search of books, monographs, theses, dissertations, articles published in professional journals, newspapers and magazines. This work has been made with care and including the fundamentals of contrary theories, looking for the foundations to start a new view of the subject, especially regarding recognition of the mentioned employment bond of prostitutes.
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Tsae, Matlhogonolo G. S. "Disability rights in South Africa: An assessment of government’s commitment to provide employment to persons with disability." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/46235.
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This study looks at the problem of disability and employment in South Africa, with particular focus on the employment equity target set by the government for people with disabilities in the public service. The study begins by illustrating how people with disabilities continue to face discriminatory practices as a result of negative societal attitudes and the fact that they are not sufficiently protected by domestic legislation. In spite of the constitutional and other legislative provisions that outlaw discrimination on the basis of disability as well as the guarantees of protection provided for by the international instruments that South Africa has ratified, people with disabilities remain marginalised particularly in the area of employment.
In spite of the commitment undertaken by the South African government to provide employment to at least 2 per cent of people with disabilities, the study found that the proportion of people with disabilities who may qualify for employment actually does not amount to the envisaged two per cent. Meanwhile, the total proportion of people with disability who make up about 4.6 per cent of the entire population are largely unemployable because of lack of the appropriate skills and experience needed to qualify for employment. The International Covenant on Economic, Social and Cultural Rights guarantees the right to gainful employment and favourable conditions of work to everyone, including persons with disabilities. This illustrates that the question of employment for people with disabilities is not just a social problem but also a human rights concern, the violation of which has enormous implications on the disability population.
Coupled with the constitutional promise to improve the quality of life and to free the potential of every single South African, this study illustrated that the government of South Africa has the legal obligation to pursue a human rights model in accordance with established international standards in dealing with the question of employment for people with disabilities. The human rights model has the potential to allow every single person with a disability to improve their capabilities. In this way therefore, opportunity is created for increase access to employment for a greater number of people with disabilities rather than focusing on a limited employment equity target that is not even attainable. Addressing the issue of employment for people with disabilities is crucial to bridging the huge inequality gap that continues to threaten South Africa’s constitutional democracy.Mini-dissertation (MPhil)--University of Pretoria, 2014.
tm2015
Centre for Human Rights
MPhil
Unrestricted
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Pedriana, Nicholas, and Robin Stryker. "From Legal Doctrine to Social Transformation? Comparing U.S. Voting Rights, Equal Employment Opportunity, and Fair Housing Legislation." UNIV CHICAGO PRESS, 2017. http://hdl.handle.net/10150/625059.
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In 1964-68, the U.S. Congress enacted comprehensive legislation prohibiting discrimination in employment (1964 Civil Rights Act), voting (1965 Voting Rights Act), and housing (1968 Fair Housing Act). A half-century later, most scholars concur that voting rights was by far the most successful, fair housing was a general failure, and Title VII fell somewhere in between. Explanations of civil rights effectiveness in political sociology that emphasize state-internal resources and capacities, policy entrepreneurship, and/or the degree of white resentment cannot explain this specific outcome hierarchy. Pertinent to President Trump's policies, the authors propose an alternative hypothesis grounded in the sociology of law: the comparative effectiveness of civil rights policies is best explained by the extent to which each policy incorporated a group-centered effects (GCE) statutory and enforcement framework. Focusing on systemic group disadvantage rather than individual harm, discriminatory consequences rather than discriminatory intent, and substantive group results over individual justice, GCE offers an alternative theoretical framework for analyzing comparative civil rights outcomes.
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Skandalis, Ioannis. "Balancing employer and employee iterests : legitimate expectations and proportionality under the Acquired Rights Directive." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a081fee6-ba74-42dc-a894-2e23a9e0a210.
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This thesis analyses the aims and objectives of the EU Acquired Rights Directive (ARD) in the context of the larger evolution of EU labour law itself. The thesis presents the overall goal of the ARD as that of striking an appropriate balance between the employer’s prerogative to transfer the business and the employee’s interest in not having the security of the job unduly threatened by such transfers. Given the current complexity and incoherence of the law regulating economic dismissals in the context of transfers, the central argument of the thesis is that there is a need for a clearer conceptual framework for defining and understanding the rights and obligations in the Acquired Rights Directive (ARD). It is suggested that the principles of legitimate expectations and proportionality are ideally adapted to play this role. In analyzing the teleology of the ARD based on these principles, this study not only assists in understanding and explaining the ARD itself, but also has wider implications for understanding the challenges facing European social policy in the field of employment protection. In its attempts to reconcile fundamental economic freedoms of employers on the one hand, and fundamental rights of employees on the other, the Court of Justice has frequently relied upon the proportionality principle to achieve a ‘fair balance’ between both parties. Following the interpretations of ‘proportionality’ in Viking and Laval, there is admittedly a fear that the proportionality balancing is likely to accord an almost absolute priority to the employers’ economic freedoms. The thesis is cognizant of this danger, and therefore advocates a ‘symmetrical’ approach to balancing. In this way the thesis offers some insight into the potential for the ARD to remain continuously effective in times of economic crisis. The study therefore finds reason to be optimistic about the prospects for the ARD and other standard-setting directives in the future of social Europe.
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Emilie, Bracken. "Den svenska regleringen kring visstidsanställningar, ett skydd för välutbildade svenska män?" Thesis, Linnéuniversitetet, Institutionen för ekonomistyrning och logistik (ELO), 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-62839.
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Fixed-term employment has become increasingly common in the Swedish labour market, despite that the stated main rule is permanent employment. The phenomenon affects different groups in society, especially since statistics indicate that it is mainly women, young and foreign-born people who have fixed-term contracts. Sweden was notified from the European Commission for not having lived up to the minimum requirements that the Council Directive 1999/70/EC framework agreement on fixed-term work issued. Several years of correspondence resulted in that Sweden was faced with the risk to stand in front of the Court of Justice of the European Union on charges of infringement if the law was not changed. A new law was presented May 1 2016. Lawmakers had here taken up by the Directive's requirement of maximum total duration of successive fixed-term employment contracts. This resulted in giving 5 § of the employment protection act, a bigger possibility to convert fixed- term contracts into permanent employment contracts than before. The purpose of this paper is to look at the differences between different social groups and job security, and to examine, illuminate and analyze the problem of fixed-term employment for different groups of workers and to set this in relation to the EU Directive on fixed-term. To answer the purpose of the essay and research questions the doctrinal method has been used to interpret, investigate and determine the applicable law. The new legislation has made it much more difficult for employers to misuse of fixed-term contracts, but it is very difficult to interpret the provisions of the law. In my opinion, unnecessarily complicated which is an important factor that can make the new legislation ineffective.
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Livesay, Norman Dwight. "An analysis of the laws affecting the employment rights of public school employees in the state of West Virginia." Diss., Virginia Polytechnic Institute and State University, 1988. http://hdl.handle.net/10919/52326.
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The purpose of this study was to examine provisions of the Constitution of West Virginia, enactments of the West Virginia Legislature, decisions of the West Virginia Supreme Court of Appeals, policies of the West Virginia Board of Education, opinions of the Attorney General, and interpretations of the State Superintendent of Schools to ascertain the legal status of West Virginia public school personnel with respect to their employment rights.
Federal Constitutional provisions, statutes, and court cases were also cited when of overriding importance or when West Virginia legal references were found to be inadequate.
Legal research of the employment process and rights of public school employees focused on the following areas: nomination for employment, discrimination, substantive and procedural due process, certification, employee classifications, probationary and continuing contracts, assignment and transfer, suspension and dismissal, resignation, employment term, and compensation. Other legal provisions reviewed in relationship to West Virginia public school personnel included academic freedom, assignment of duties, personal leave, leaves of absence and other absences, workmen's compensation, unemployment compensation, insurance benefits, retirement, seniority, reductions in force, grievance procedures, employee organizations, and collective bargaining.Ed. D.
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Miller, Paul T. "THE INTERPLAY OF HOUSING, EMPLOYMENT AND CIVIL RIGHTS IN THE EXPERIENCE OF SAN FRANCISCO'S AFRICAN AMERICAN COMMUNITY, 1945-1975." Diss., Temple University Libraries, 2008. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/4654.
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African American StudiesPh.D.;
The war industries associated with World War II brought unparalleled employment opportunities for African Americans in California's port cities. Nowhere was this more evident than in San Francisco, a city whose African American population grew by over 650% between 1940 and 1945. With this population increase also came an increase in racial discrimination directed at African Americans, primarily in the employment and housing sectors. The situation would only get worse throughout the 1950s and 1960s as manufacturing jobs moved to the East Bay where race restrictive housing policies kept African Americans from moving with them. In San Francisco, most African Americans were effectively barred from renting or buying homes in all but a few neighborhoods, neighborhoods often characterized by dilapidated structures and over-crowded conditions. Except for the well educated and lucky, employment opportunities for African Americans were open only at or near entry levels for white collar positions or in unskilled and semi-skilled blue collar positions. Despite such challenges, San Francisco's African American population nearly doubled between 1950 and 1960. This community would push hard against the doors of discrimination and find that with concerted effort they would give way. During the 1960s and 1970s, civil rights groups formed coalitions to picket and protest thereby effectively expanding job opportunities and opening the housing market for African American San Franciscans. This dissertation examines the challenges and exigencies of San Francisco's growing African American community from the end of World War II through 1975. It describes and explains obstacles and triumphs faced and achieved in areas such as housing, employment, education and civil rights. No scholarship presently available presents as detailed an examination of San Francisco's post-Industrial African American population as does this work. It is not however, meant as a comparative study among Bay Area cities but rather narrowly focused study examining San Francisco's African American population to the exclusion of other Bay Area cities with sizable African American populations such as Oakland, Berkeley or Richmond. This dissertation also adds to the body of scholarship about the intersection of race and geography as it relates to the post-Industrial African American experience.
Temple University--Theses
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Mosola, Sehlotsa Innocentia. "Implementating employment equity in the Department of Home Affairs, Transport and Education, Eastern Cape Province." Thesis, University of Fort Hare, 2009. http://hdl.handle.net/10353/218.
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This research was undertaken to investigate the challenges faced by employees at the Home Affairs Department, the transport Department and the Department of Education at King Williams Town in the Eastern Cape Province. A quantitative approach was used in this research. The sample consisted of 100 respondents of whom 98 returned completed questionnaires. The answers of the respondents were the data of this study and these were analyzed and interpreted in respect of the hypotheses of the research. The research involved the collection of detailed career, personal and structural perceptions of 98 employees. The data was used to establish the disparity among employees, from lower management to top management. It was found that even though there was a problem of discrimination in the olden days there has been a change in the sense that employment equity, affirmative action and diversity management have been introduced since 1994.
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Ojeda, Avilés Antonio, and Peréz Miguel Gutierrez. "Flexisecurity as a paradigm of European employment policies: A critical review." THĒMIS-Revista de Derecho, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/109110.
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Employment flexibility and employment stability are concepts that, historically, have been found to be opposite to one another within Labor Law. It is in the middle of this context that Flexisecurity is born, being a concept that unifies the two notions with theaim of protecting both sides of the employment relationship: The employer and the employee.The authors undertake a critical review of the concept of flexisecurity based on the definition established by multinational organisms, especially the Community institutions of the European Union. To do so, they take off from the concept of “flexisecurity” and the different opinions it has raised within the Community level, always taking into account the common flexisecurity principles as they have be endeveloped by the European Commission.La flexibilidad y la estabilidad laborales son conceptos que, históricamente, se han encontrado en oposición al interior del Derecho del Trabajo. Es en este contexto de oposición que nace la flexiseguridad, término que logra unira ambos conceptos en la búsqueda de tutelarlos intereses de las dos partes de toda relación laboral: El trabajador y el empleador.Los autores hacen una revisión crítica del concepto de flexiseguridad a la luz de la delimitación del mismo desarrollada por organismos multinacionales, centrándose en los órganos comunitarios de la Unión Europea. Para ello, parten de la idea de “flexiseguridad” y las distintas opiniones que esta ha suscitado en el ámbito comunitario, teniendo en cuenta los principios comunes de flexiseguridad desarrollados por la Comisión Europea.
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Carlson, Melanie A. "The Corporate Exploitation of Fundamental Rights: A Nation of Arbitration." Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1507.
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This thesis is an in-depth discussion and analysis of the alternative dispute resolution process of arbitration in the United States. It begins by providing a basic explanatory overview of arbitration clauses and the arbitration process. It then goes on to highlight the various benefits over traditional court litigation that arbitration has to offer. From there, the paper presents a detailed discussion of the many shortcomings of the arbitration process. It identifies the overall lack of procedural fairness that exists in arbitration today due to the fact that arbitration currently tends to favor businesses over consumers and workers during dispute settlements. The paper then identifies the various negative potential consequences that exist as a result of the unfair nature of arbitration today. This thesis concludes by presenting various ways that the arbitration process can be improved upon to make for a fairer, more neutral dispute resolution alternative.
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Durohad, Basri. "Veiled Muslim women' s rights to employment and free from discrimination : Why veiled Muslim women shall be protected from abusive general ban." Thesis, Malmö universitet, Malmö högskola, Institutionen för globala politiska studier (GPS), 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-42985.
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The practice of wearing hijab has been around for hundreds of years and around the world by Muslim women. It has been revealed that the decision to wear hijab is varied among Muslim women ranging from religious convictions to the consideration of the attire as a tool for empowerment. This paper, which utilizes a normative method with an argumentative structure, will defend the right of veiled Muslim women to employment and free from discrimination, and aims to clarify why the general ban on religious sign, specifically on hijab in this regard, not conforming to the basic principles of human rights . The argumentation will include a discussion and critiques regarding the two core principles in favor of banning hijab in the field of employment and comes to the conclusion that they appear to be built on weak grounds. Furthermore, some relevant conflicting principles regarding the hijab issue within the field of employment will be discussed. The conclusion maintains that veiled Muslim women shall not be pushed into the corner of the society by the two dominant discourses which are now included in the written legislations within the European laws and national laws. The paper concludes by stating that veiled Muslim women shall be accommodated to work and contribute to the European mainstream employment just like females from other groups.
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Simões, Mauricio Pereira. "O Direito fundamental ao emprego: efetividade dos direitos fundamentais na preservação dos contratos." Pontifícia Universidade Católica de São Paulo, 2014. https://tede2.pucsp.br/handle/handle/6505.
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Previous issue date: 2014-08-21The present study deals with the employment status of their fundamental rights and forms of protection from the use of positivized institutes in domestic law. For both been the subject of research and analysis the theory of fundamental rights since its broadest conception through the emergence, insertion in the internal order, generations, and linkages being established until the effective integration of the working relationship. Then went through the analysis of classical hermeneutics and current influence of fundamental rights in labor law, especially in the aspect of employment protection, through the principles, its classical functions and evolution for the proposed regulatory function by post-positivism. The powers of command of the employer, in all forms, but especially on the right to waiver and potestative possible limitation applicable to the same power, considering the application of nonspecific labor rights under civil law in order to protect the rights of workers. Finally, the study of institutions already included in the Consolidation of Labor Laws and other laws, as sources of optimization in the preservation of contracts, applying a hermeneutic based on fundamental rights as a limiter abuse potestative right of waiver and building elements allowing the employer to use alternatives to dismissal as a corollary of the social function which it carries and effective means of preventing unemployment preserving contracts, especially in times of crisis forms. The final considerations seek to interlace all elements as a way to achieve the desired end that is reducing layoffs
O presente estudo trata do emprego, sua condição de direito fundamental e as formas de preservação a partir da utilização de institutos positivados no ordenamento jurídico interno. Para tanto foram objeto de pesquisa e análise a teoria dos direitos fundamentais desde sua concepção mais ampla passando pelo surgimento, inserção na ordem interna, gerações, vinculações e vias de aplicação até a efetiva integração à relação de emprego. Em seguida passou pela análise da hermenêutica clássica e da influência atual dos direitos fundamentais no direito do trabalho, especialmente na vertente de proteção ao emprego, passando pelos princípios, suas funções clássicas e a evolução para a função normativa proposta pelo pós-positivismo. Os poderes de mando do empregador, em todas as formas, mas especialmente quanto ao direito potestativo de dispensa e a limitação possível aplicável a esse mesmo poder, ponderando a aplicação de direitos laborais inespecíficos previstos no direito civil como forma de preservação de direitos ao trabalhador. Por fim, o estudo de institutos já consagrados na Consolidação das Leis do Trabalho e leis esparsas, como fontes de otimização na preservação de contratos, aplicação de uma hermenêutica baseada nos direitos fundamentais como um limitador do abuso do direito potestativo de dispensa e a construção de elementos que permitam ao empregador se utilizar de formas alternativas à dispensa como corolário da função social que a empresa exerce e meio eficaz de evitar o desemprego preservando contratos, especialmente em tempos de crise. As considerações finais buscam interlaçar todos os elementos como forma de alcançar o fim almejado que é a redução das dispensas imotivadas
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Ong, Katherine S. "Aversive prejudice and discrimination against gay men." Virtual Press, 2008. http://liblink.bsu.edu/uhtbin/catkey/1397646.
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To test the generalizability of the theory of aversive prejudice in predicting discrimination against gay men, a partial replication of Dovidio and Gaertner's (2000) experiment was conducted. Two hundred and five White undergraduate students from a Midwestern university evaluated an ostensible applicant for a counseling position. The current study was a 2 (Applicant Sexual Orientation: gay, straight) x 2 (Applicant Race: Black, White) x 2 (Applicant Qualification: high, moderate) x 2 (Participant Gender) between-groups experiment. Men provided straight applicants with significantly higher qualification ratings than gay applicants. Gay applicants were perceived as less competent on leadership than straight applicants. A gay Black applicant was least likely to be recommended for the position only when he was ambiguously (moderately) qualified, compared to straight White, straight Black, and gay White applicants. Limitations, implications, and directions for future research are discussed.Department of Psychological Science
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Cano, Leobardo. "Public School Teaching and Administrative Employment Applications in Texas: A Study of Compliance with and Awareness of the Civil Rights Acts of 1964 as Amended in 1972, and Equal Employment Opportunity Commission Policies and Regulations." Thesis, North Texas State University, 1985. https://digital.library.unt.edu/ark:/67531/metadc330769/.
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The purpose of this study was to determine whether application forms used in Texas public schools for teachers and administrators were in compliance with federal Equal Employment Opportunity Commission (EEOC) and Texas Human Rights Commission Act (THRCA) regulations regarding preemployment practices. Participating in the study were 740 public school districts in Texas. The study also attempted to determine if these application forms are in violation of EEOC regulations pertaining to pre-employment practices and whether classification based on the districts' size, wealth, student ethnicity and geographical location has a bearing on the degree of compliance with and awareness of EEOC and THRCA regulations. A model employment application form and set of guidelines were developed for school districts to use in securing pre-employment information. Inferential statistics were used through various applicable designs. Three different types of analysis were utilized. These were a Descriptive Analysis, a Goodman- Kruskal Gamma (y) Coefficient—chi-square analysis and a Multiple Regression analysis. The descriptive analysis included the calculation of percentages of the suspect questions appearing on teacher and administrator application forms utilizing the Criteria Used to Determine EEO Compliance and Awareness Among Texas School Districts. The Goodman-Kruskal Gamma (y) Coefficient and the chi-square analysis were employed in order to determine differences in compliance and awareness based on the districts' size, wealth, student ethnicity and geographical location. The GAMTAU. ASC Computer Program was used to test the Gamma values, with a standard z-score. The Multiple Regression analysis was employed to determine to what extent variation in the use of total suspect questions correlated with size, wealth, ethnicity and geographical location. The results of the data analyzed reveal that the size and ethnicity of the school district had a weak but significant correlation with EEO compliance and awareness based on employment application forms for teachers and administrators and that school districts in Texas were not in compliance with EEOC and THRCA regulations regarding application form pre-employment practices.
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Lubaale, Emma Charlene. "A human rights-based approach to child labour in Africa : challenges and prospects in South Africa." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18624.
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Africa reportedly has the highest incidence of child labour in the world. To respond to this problem, some
scholars recommend an outright ban on child labour through legislation. In this regard, most African
countries, including South Africa (SA), have enacted legislation directed at banning child labour. However,
legislation directed at banning child labour may impact negatively on certain fundamental rights of children.
This is because child labour is sometimes a source of income for many children who may themselves have
‘dependants’. For instance, for children in desperate need, adherence to laws which have the effect of
depriving them of basic necessities including food, housing and water is unrealistic, inadequate and totally
ineffective. A notable example is with regard to orphaned children. Taking such children out of employment
is counter-productive as they are left with no means of survival. On the other hand, though child labour
contributes to the survival of many children and their families in Africa, it impacts negatively on fundamental
rights of children. Some of these rights include the right to education, health, leisure, among others.
Therefore, regardless of the circumstances that compel children to engage in child labour, it remains a
problem that needs to be addressed through appropriate approaches. This study stresses that the
approaches adopted need to be cognizant of the diverse circumstances under which children engage in
child labour.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
27
Glaviano, Angela. "Teaching Organizational Leaders: Application of Title VII of the Civil Rights Act of 1964 to Hiring Practices and Harassment Prevention in New Orleans." ScholarWorks@UNO, 2017. https://scholarworks.uno.edu/td/2440.
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Mbwaalala, Ndemufayo Regto. "Can labour law succeed in reconciling the rights and interests of labour broker employees and employers in South Africa and Namibia?" Thesis, University of the Western Cape, 2013. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_9779_1380724825.
Full textAbstract:
The ever increasing regional and global trade competition has manifested itself in a growing number of non-standard forms of employment including the increasing use of "
temporary employment services"
(or &ldquo
labour brokers&rdquo
as commonly referred to). Labour brokers enter into employment relationships as third parties with client companies to supply employees through a commercial contract. These labour services usually fall outside the regular twoparty contract of employment defined under existing labour laws and thus the employees are not covered by that law. Labour brokers have been labelled as &ldquo
the re-emergence of new apartheid strategy&rdquo
and &ldquo
modern slavery&rdquo
by some quarters in labour sectors of Namibia and South Africa. Trade unions, particularly, have led the most vocal resistance against labour brokers in both countries. They argue that, like previous apartheid contract labour systems, labour brokers today erode standards for decent working conditions and weaken union representations in the workplace. Thus unions have repeatedly sent strong calls to lawmakers to amend existing labour laws and &bdquo
forever put labour broking in its grave where it belongâ1. On the other hand, employers have argued that recent forces of globalisation demand flexible employment strategies and banning labour brokers will make it more difficult for local businesses compete profitably globally via flexible short term employments and can lead to losses of many job opportunities.2 It is against this background that I will argue that current labour laws should be amended to define and regulate labour brokers more closely and compel them to recognise workers rights and conditions as equal as those of standard employees. But first, I will highlight some socio-economic indicators influencing the labour markets in South Africa and Namibia, including the history of workerâs rights under the contract labour systems in both countries. Second, I will look at some of the expressed exploitive conditions resulting from the use of labour brokers and also look at some reasons why businesses engage labour brokers. Thereafter I will point out some of the reasons why trade unions have called for a total ban on labour brokers. I will then discuss the difficulty of banning labour brokers, including the constitutional challenge in the landmark case of African Personnel Services v Government of the Republic of Namibia3. Lastly i will expand on the ruling by the Namibian Supreme Court of Appeal (NSA) recommending a regulatory approach in line with the International Labour Organisationâs (ILO) conventions on third-party employments.
29
Mdhluli, P. "A definition of an employee and the legal protection of sex workers in the workplace : a comparative study between South Africa and Germany." Thesis, University of Limpopo, Turfloop Campus, 2014. http://hdl.handle.net/10386/1104.
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Thesis (LLM. (Labour Law)) -- University of Limpopo, 2014The discussion looks at the history of commercial sex and how it has evolved in South Africa. The discussion evaluates the challenges that commercial sex workers face in South Africa and argues that the dignity of sex workers as citizens of South Africa are infringed and it would seem that less is being done to protect these workers due to nature of their work. It is argued that sex workers are still entitled to the rights enshrined in the Constitution despite the illegality of sex work. This discussion argues further that sex work continues to exist in South Africa despite its illegality and it would be prudent to address the challenges that encourage sex work because the criminalization of this type of work does not seem to minimize sex work. The discussion further looks at the case of Kylie v CCMA which has been subject to much debate recently. The discussion also makes a comparative study with Germany and determines the lessons which South Africa can learn from this country regarding decriminalization of sex work.
30
Janz, Nicole. "The impact of foreign direct investment on human rights and labour standards : an industry sector approach." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708829.
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Mdhluli, Podu. "A definition of an employee and the legal protection of sex workers in the workplace : a comparative study between South Africa and Germany." Thesis, University of Limpopo, 2014. http://hdl.handle.net/10386/1202.
Full textAbstract:
Thesis (LLM. (Labour Law)) -- University of Limpopo, 2014The discussion looks at the history of commercial sex and how it has evolved in South Africa. The discussion evaluates the challenges that commercial sex workers face in South Africa and argues that the dignity of sex workers as citizens of South Africa are infringed and it would seem that less is being done to protect these workers due to nature of their work. It is argued that sex workers are still entitled to the rights enshrined in the Constitution despite the illegality of sex work. This discussion argues further that sex work continues to exist in South Africa despite its illegality and it would be prudent to address the challenges that encourage sex work because the criminalization of this type of work does not seem to minimize sex work. The discussion further looks at the case of Kylie v CCMA which has been subject to much debate recently. The discussion also makes a comparative study with Germany and determines the lessons which South Africa can learn from this country regarding decriminalization of sex work.
32
Johansson, Emilia. "Kan inhyrning av personal utgöra ett otillåtet kringgående av företrädesrätten?" Thesis, Linnéuniversitetet, Institutionen för ekonomistyrning och logistik (ELO), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-43822.
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The purpose of this paper is to highlight the issue of preferential rights in relation to the increased practice of hiring temporary staff. The object is illuminated from a diversity perspective by seeing what a circumvention of the preferential rights may have consequences for vulnerable groups on the Swedish labor market. The question of preferential rights to reinstatement is controlled in The Employment Protection Act. The preferential right is for the protection of workers made redundant due to redundancy. The use of agency workers has increased significantly in the Swedish labor market since the industry's legalization in 1993. This has created some problems in terms of preferential rights. To a circumvention of the law, shall exist requires that the measures constitute circumvention is justified, measures should have been sought to circumvent the law and been unfair in view of the particular case. Hiring of staff is not considered as a new employment, which is the requirement to invoke preferential rights, thus causing it to staff hiring is legitimate action under the preferential time. To reduce the abuse of the right of priority, I believe that the application of law should be changed so that it takes into account the triangular available on today's labor market.
33
Doyle, B. J. "Disability, discrimination and equal opportunities : a comparative study of legal models addressing the employment rights of disabled persons, with particular reference to Britain and the United States." Thesis, University of Salford, 1993. http://usir.salford.ac.uk/14834/.
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Against the background of growing demands in Britain for anti-discrimination legislation covering disabled persons, the study examines the case for reform, and the shape which such legislation might take, in the employment field. Using the socio-legal tradition, the meaning of disability is explored and the demography, nature and experience of disability is described. The evidence of employment discrimination against disabled persons is evaluated and their position in the labour market is plotted. Existing law on disabled employment rights in Britain is set out and its strengths and weaknesses weighed. The employment rights of disabled workers in the European Community, the United States, Canada and Australia are narrated. Then, using comparative legal methodology, a number of problems and issues in the regulation of disability-related employment discrimination (and the promotion of equal opportunities) are recounted and critically analysed. These problems and issues include the definition of disability discrimination, identification of the protected class, fitness for work and employment qualification, use of reasonable accommodation and positive action, preferential treatment and the role of quotas, and enforcement strategies and remedial action. The experience of the United States is recruited as the primary basis of comparison and lessons for suggested legal reforms in Britain are pointed out. Some general conclusions on the efficacy of disability discrimination laws are drawn. The study surveys a wide variety of primary and secondary legal materials, including legislation and case law, and reviews the pertinent literature drawn from legal scholarship and other relevant disciplines. It does so in the context of a theoretical perspective that borrows from the body of legal theory and concepts developed in race and gender discrimination law.
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Kratochvílová, Helena. "Uzavírání pracovního poměru." Master's thesis, Vysoká škola ekonomická v Praze, 2015. http://www.nusl.cz/ntk/nusl-204875.
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The thesis concers the conclusion of employment. The first chapter characterize emplyoment. The next chapter describes the process before employment. There is also the chapter about the rule of equal treatment and prohibition of discrimination. The essential part of this thesis is devoted to the contract of employment and its necessities. The thesis has a separated chapter about the rights and duties arising from employment contract. Also the experiance of the emplyers and employees with the conclusion of the emplyment is carried out.
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Hamade, Mona. "Women and Emiratisation in the UAE workforce." Thesis, University of Cambridge, 2016. https://www.repository.cam.ac.uk/handle/1810/288678.
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The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) which was adopted in 1979, and the 1995 Beijing Declaration and Platform for Action have generated global and regional momentum in the advance of equal gender opportunities. This research explores the increased presence of women in higher education and their subsequent entry into the workforce in the United Arab Emirates. The government has attempted to reduce its citizens' dependency on public sector employment and promote opportunities in the private sector. Governmental efforts have included improving the education system, granting women access to education and introducing funding schemes to encourage employment initiatives. Yet, despite these efforts, unemployment across the UAE remains at a high level, with public sector favoured by Emirati nationals. The country's drive to nationalise the labour force reflects the necessity of utilising the capabilities of Emirati nationals, both men and women, to diversify the rentier state economy. Emiratisation is a national government strategy in the United Arab Emirates that aims to reduce the country's reliance on expatriate labour and increase the participation of nationals in the labour market, both in the public and private sectors. The research for this thesis begins by exploring the inadequacy of classical rentier state theory and examining Mathew Gray's theory of late rentierism within the context of the United Arab Emirates. It further builds on the late rentierism model with a particular focus on the role of women, education and youth participation. The methodological approach used in this research is primarily qualitative, including interviews with final year university students, and professionals in the banking sector of both sexes. These groups were chosen to highlight the practical implications of governmental Emiratisation policies aiming to increase job opportunities across the United Arab Emirates. To date, very little research has been conducted on the issues of gender, work life balance policies and new workforce trends in the UAE.
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Kobayashi, Yoshie 1955. "A path toward gender equality : state feminism in Japan." Thesis, University of Hawaii at Manoa, 2002. http://hdl.handle.net/10125/3026.
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This dissertation is the first study of state feminism in a non-western nation state, focusing on the activities and roles of the Women's Bureau of the Ministry of Labor in post-World War II Japan. While state feminism theory possesses a strong capability to examine state-society relationships in terms of feminist policymaking, it tends to neglect a state's activity in improving women's status and rights in non-western nations where the feminist movements are apathetic or antagonistic to the state and where the state also creates a vertical relationship with feminist groups. To apply the state feminism theory to examine activities of a state institute for women in non-Western nations, I created new analytical factors, domestic and international master frames, which show how policymakers and activists collaborate on policymaking at a domestic level and how policymakers utilize international standards to create the domestic master frame. Using the two-level-analysis of domestic and international politics in terms of creation of master frames together with the existing institutional and mobilizing structural variables, this dissertation presents a detailed study of the activities and roles of the Japanese women's bureau as an initiator and facilitator of gender equality in the process of agenda setting for the equal opportunity laws by utilizing international influence to persuade the opposition and as an interest mediator in the process of decision-making for them. The empirical evidence presented also demonstrates that the change of roles arose from the lack of the following factors: 1) limited resources and institutional capability caused by the marginalization of the women's bureau within the government, 2) the lack of a domestic master frame on the issue of gender equality between the women's bureau and women activists, and 3) the lack of mobilizing structures that provide women's groups the access to political decision-making to reflect their opinions. The combination of these factors hindered policymaking on gender equality and created a gradual and incremental progress toward gender equality in Japan. The way to gender equality in Japan is different from the western nations. Yet, this is a way that other non-western nations have also advanced and will follow in.Thesis (Ph. D.)--University of Hawaii at Manoa, 2002.
Includes bibliographical references (leaves 253-274).
Mode of access: World Wide Web.
Also available by subscription via World Wide Web
xiii, 274 leaves, bound 29 cm
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Baylos, Grau Antonio. "On Decent Work: The Concept Formation." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/119056.
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This article develops the historical process of the formation of the concept of decent work, its basic guidelines and as its content has been altered by the increasing globalization of the market and the globalization of labor rights. Finally, after analyzing the notion of decent work from different perspectives, the author focus on the cumulative perspective and develop its content.El presente artículo desarrolla el procedimiento histórico de la formación del concepto de trabajo decente, sus lineamientos básicos y como su contenido se ha ido alterando por la creciente globalización del mercado y la universalización de los derechos laborales. Finalmente, después de haber analizado la noción de trabajo decente desde diferentes perspectivas, el autor se centrara en la perspectiva cumulativa y desarrollará su contenido.
38
Fiala, Elisa. "A critical analysis of the implementation of the right to work and employment in the national context of Germany and Portugal. Implications for Social Policy." Doctoral thesis, Instituto Superior de Ciências Sociais e Políticas, 2019. http://hdl.handle.net/10400.5/17795.
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Tese de Doutoramento em Política SocialEm todo o mundo, as pessoas com deficiência enfrentam situações de desvantagem em todos os domínios da vida. Entre estas, incluem-se maiores níveis de pobreza, piores indicadores de saúde, níveis educacionais mais baixos, menor probabilidade de participação no trabalho e no emprego, remunerações menos elevadas, piores condições laborais e oportunidades mais reduzidas de progressão na carreira (World Health Organization 2011). Como consequência desta posição social de desvantagem, as pessoas com deficiência constituem um grupo-alvo importante para a política social. Em muitos países, as políticas da deficiência abrangem áreas tão diversificadas como a saúde, segurança social, educação e emprego. Em geral, as políticas da deficiência dizem respeito à criação e implementação de leis, prorrogativas e proibições, acções estatais e estratégias de taxação que respondem a problemas e necessidades das pessoas com deficiência e das suas famílias (Pinto and Fiala 2015). Até aos anos 1970, o modelo médico da deficiência era o paradigma na base das políticas da deficiência. A preocupação central destas políticas era a prevenção, cura ou eliminação da deficiência e, sempre que tal não fosse possível, a assimilação do corpo e da mente das pessoas com deficiência às normas e estruturas dominantes. A responsabilidade do Estado, nesta abordagem, consiste no desenvolvimento e implementação de leis, políticas e práticas que promovem a segregação e reabilitação das pessoas com deficiência (Rioux and Fraser 2006; Tremain 2006). Desde a emergência do modelo social da deficiência, nos anos 1970, as políticas da deficiência têm sido crescentemente informadas por uma abordagem de direitos humanos. A responsabilidade do Estado e, por inerência, as abordagens políticas, alteram-se quando são guiadas por um entendimento sociopolítico da deficiência. Nesta abordagem, já não é a pessoas com deficiência que tem que ser curada, reabilitada ou assimilada em normas e estruturas hegemónicas, mas são estas que têm que se transformar para acomodar as necessidades das pessoas com deficiência. O direito das pessoas com deficiência a um acesso e cidadania igualitários torna-se um dos principais objectivos políticos. Nos últimos anos, as abordagens de “workfare”, que determinam quem tem acesso a um estatuto de cidadania, tornaram-se predominantes nas políticas da deficiência a nível supranacional e nacional (Abberley 2002). Em muitos países, os benefícios tradicionalmente atribuídos a pessoas com deficiência foram restringidos ou eliminados e a participação em medidas de “workfare” – a participação económica das pessoas com deficiência – tornou-se um pré-requisito para acesso a apoios sociais (Morris 2011; Soldatic and Chapman 2010; Owen and Harris 2012; Soldatic and Meekosha 2012; Bussemaker 2005a). Um dos principais objectivos destes desenvolvimentos políticos é reduzir o “peso significativo” que os benefícios sociais, incluindo as prestações por deficiência, colocam nas finanças públicas (OECD 2010, 12), mas também são o reflexo da importância que o trabalho e o emprego assumem nas sociedades contemporâneas. De facto, a ligação entre a identidade e o estatuto ocupacional, apesar de não ser necessariamente uma experiência universal, tornou-se particularmente dominante nos Estados de bem-estar Ocidentais, em que a participação no mercado de trabalho representa um marco importante de valorização da identidade social (Beck 2001b; Galer 2012; Abberley 2002). Como consequência, aspectos que tendem a ser encarados como positivos, como os efeitos da ocupação e participação laboral sobre o bem-estar individual, raramente são problematizados, tanto na literatura genérica de Política Social, como na literatura sobre deficiência. Os decisores políticos afirmam, pelo contrário, que o emprego e estatuto ocupacional são elementos centrais para a participação plena dos cidadãos na vida económica, social e cultural. O direito ao trabalho é, assim, essencial para a realização de outros direitos humanos e forma uma dimensão inseparável e inerente da dignidade humana. O trabalho deve providenciar uma base de sustento para a pessoa e para a sua família e, quando livremente escolhido e aceite, pode contribuir para o desenvolvimento pessoal e reconhecimento social dentro da comunidade (United Nations 2012b; OECD 2010). O presente estudo visa reflectir criticamente sobre a implementação do direito ao trabalho e emprego, tal como consagrado na Convenção das Nações Unidas sobre os Direitos das Pessoas com Deficiência, em Portugal e na Alemanha. Estes dois países divergem em diversos pontos: Portugal, por exemplo, é habitualmente classificado como um Estado de bem-estar do Sul da Europa, em que a família é o locus primário de solidariedade e apoio social (Karamessini 2007; Ferrera 1996). Em contraste, a Alemanha, geralmente classificada entre os Estados de bem-estar conservadores (Esping-Andersen 1990), apresenta um nível elevado de proteção social e um sistema de benefícios generoso. Adicionalmente, ambos os países têm abordagens diferenciadas no que se refere à participação das pessoas com deficiência no mercado de trabalho. No entanto, Portugal e a Alemanha integram a União Europeia e foram afectados por legislação supranacional, como a Directiva Europeia relativa à Igualdade no Emprego ou a Estratégia Europeia para a Deficiência 2010-2020 ou, de forma ainda mais proeminente, pela Convenção sobre os Direitos das Pessoas com Deficiência (CDPD), que ambos os países assinaram e ratificaram. O objectivo do presente estudo é identificar como as diferenças e semelhanças entre estes dois países afectam as realidades das pessoas com deficiência. Para este efeito, é necessária uma estratégia de pesquisa dual, que integre tanto a análise de leis e políticas (o nível dos sistemas), como a monitorização de experiências individuais. • Como foi o direito ao trabalho e emprego (CDPD) traduzido nas leis, políticas e programas nacionais, no contexto alemão e português? • Como é que as pessoas com deficiência, na Alemanha e em Portugal, experienciam, na prática, a efectivação do direito ao trabalho e emprego? • O que se pode aprender, a partir dos casos alemão e português, que permita informar desenvolvimentos políticos futuros nesta área, ajudando a avançar o direito ao trabalho das pessoas com deficiência na Alemanha, em Portugal e noutros contextos? Enquanto as duas primeiras questões visam produzir conhecimento sobre a situação nos dois países, a terceira questão de investigação dirige-se à dimensão comparativa do estudo, procurando identificar boas práticas que possam influenciar desenvolvimentos políticos em ambos os países. Enquadrando-se no âmbito da teoria crítica, este estudo inclui tanto uma análise crítica das molduras legislativas, documentos políticos e estudos de avaliação de políticas, como uma avaliação crítica da situação de facto. Para recolher informação sobre a eficácia das leis, políticas e práticas existentes, foram conduzidas 38 entrevistas semiestruturadas aprofundadas com pessoas com deficiência residindo na Alemanha e em Portugal. Os resultados deste estudo indicam que alterações legislativas recentes, em ambos os países, fortaleceram uma abordagem da deficiência à luz de um modelo de direitos humanos – pelo menos, ao nível formal. Não obstante, o direito ao trabalho e ao emprego carece ainda de implementação plena. A análise crítica revela que a exclusão e discriminação com base na deficiência, no mercado de trabalho, é ainda generalizada. Enquanto na Alemanha o emprego apoiado aumenta o risco de a pessoa se sentir excluída ou de experienciar condições de trabalho pouco dignas, também possibilita uma resposta alternativa ao emprego, numa escala elevada, que não se regista em Portugal. Em Portugal, as pessoas com deficiência apresentam maior risco de desemprego e, devido à insuficiência de medidas de apoio, designadamente medidas de emprego de longa duração, as redes familiares e outras redes de apoio, são chamadas a compensar este défice, incluindo financeiramente. A análise comparativa sistémica apontou ainda que a interseccionalidade da deficiência com outros factores interfere com os resultados das políticas e medidas existentes. Enquanto a posição de desvantagem das participantes do sexo feminino parece ser um fenómeno transnacional, regista-se uma diferenciação binacional quando a idade dos participantes é tomada em consideração. Em suma, enquanto o sistema alemão providencia os melhores níveis de proteção para os cidadãos mais velhos com deficiência que ainda se encontram a trabalhar, as medidas portuguesas focam-se prioritariamente no acesso ao trabalho e emprego e, consequentemente, são mais benéficas para jovens com deficiência em busca de trabalho. Em ambos os países, no entanto, as pessoas com deficiências intelectuais ou psicossociais encontram-se na situação de maior desvantagem. Pesem embora as lacunas e obstáculos evidenciados, a análise revelou oportunidades de aprendizagem bilateral. As recomendações apontadas pelos participantes e a avaliação crítica das leis e políticas em vigor constitui uma fonte valiosa de apoio ao desenvolvimento de políticas futuras na área do emprego. Globalmente, a tese conclui que políticas sociais que apoiem a inclusão das pessoas com deficiência no trabalho e emprego criam estruturas económicas e sociais mais justas e igualitárias, não apenas para as pessoas com deficiência, mas para todos.
The present study critically reflects on the implementation of the right to work and employment as enshrined in the UN Convention on the Rights of Persons with Disabilities in Portugal and Germany and frames it within the wider scope of Social Policy. Including the narratives of disabled people themselves, the results of this study indicate that recent legislative changes in both countries strengthen a human rights approach to disability. However, the right to work and employment still lacks full implementation. The critical analysis reveals that exclusion from and discrimination in the labour market on the ground of disability is still widespread. Despite persisting gaps and obstacles, the analysis shows that there is scope for binational learning and presents recommendations for future policy development.
N/A
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Moerat, Sedick. "The disclosure of information on medical certificates and the impact on the right to privacy." University of the Western Cape, 2020. http://hdl.handle.net/11394/7647.
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Magister Legum - LLMChapter 2 of the Constitution contains the Bill of Rights, which ‘enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.’1 By rights being afforded to the employee in the workplace, such rights need to be protected (legislation being implemented by legislature is subjugated by the Bill of Rights).2 Labour legislation being implemented in order to protect the rights afforded to the employees,therefore creating fair labour practice in terms of section 23 of the Constitution. Such legislation needs to take in regards various rights of an employee, such as the right to privacy3 of an employee. This resulted in creating domestic legislation in order to protect employees’ rights to privacy. A detail discusses of how various domestic legislation were implemented to protect the right is discussed in Chapter 2. In addition to the implementation of domestic legislation giving effect to the right to fair labour practices, the Constitution requires that international law be considered when individual and a further international obligations with regards to international standards). Section 39(1)(b) provides that ‘when interpreting the Bill of Rights, a court, tribunal or forum must consider international law’. This means that standards set by the International Labour Organisation and Conventions must be considered when interpreting the right to fair labour practice.4 A detailed discussion is dealt with in Chapter 2. The primary research question of this thesis is ‘is an employee’s right to privacy infringed by requiring a medical condition to be disclosed on a sick note for purposes of statutory sick leave?’ In answering this question, a number of ancillary questions must be answered, including whether doctor and patient confidentiality is breached in disclosing such information on a sick note; to what extent medical information can be disclosed in the medical information; whether there is a potential for misuse of information disclosed on the medical certificate against the employee; whether such disclosure of information could lead to unfair labour practice where the employee can be unfairly discriminated against based on such disclosure and how is privacy is being protected and processed in terms of legislation domestically and foreign legislation.
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Júnior, Manoel Amaro Pereira. "Terceirização : violação ou concretização dos direitos humanos?" Universidade Católica de Pernambuco, 2012. http://www.unicap.br/tede//tde_busca/arquivo.php?codArquivo=762.
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O trabalho que segue tem como tema "Terceirização: violação ou concretização dos direitos fundamentais?". O título escolhido foi fruto de inquietações próprias do autor, no que concerne às modificações pelas quais vem passando a relação de trabalho. O método utilizado neste trabalho, com o auxílio de livros, periódicos e pesquisas, foi o dedutivo. A princípio, o autor faz uma análise acerca princípios fundamentais aplicáveis ao Direito do Trabalho. Posteriormente, foram analisadas algumas das formas atuais e atípicas de contratação de trabalhadores, frutos reformas flexibilizadoras do direito do trabalho, com foco especial sobre a terceirização na
atividade-meio e atividade-fim. No decorrer do estudo, o autor faz um liame entre esses assuntos, numa tentativa de demonstrar que a terceirização, fundada no seu instrumento
normativo (Súmula 331 do Tribunal Superior do Trabalho), atinge, de forma negativa princípios do direito do trabalho, abalando com toda a estrutura de proteção que sobre ele recai. Como poderá ser analisado, após muitas investigações, constata-se que a terceirização, legitimamente
reconhecida pelo Estado, através da mais alta corte trabalhista do país, contraria princípios constitucionais de aplicabilidade para os trabalhadores, bem como direitos fundamentais
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Bacouelle, Johanna. "La condition juridique de l'artiste-interprète." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010301.
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La condition juridique de l'artiste-interprète se caractérise par une imbrication étroite du droit du travail et du droit de la propriété intellectuelle. Chaque source de droits appréhende des temps différents de l'activité de l'artiste-interprète. Le droit du travail s'intéresse à l'artiste-interprète en tant que travailleur. Le modèle du salariat s'impose largement puisque le législateur a instauré une présomption de salariat. Le droit de la propriété littéraire et artistique s'intéresse au résultat du processus de création sur lequel les artistes-interprètes bénéficient de droits voisins du droit d'auteur. L'artiste-interprète se trouve donc au cœur d'une articulation délicate entre la liberté d'expression inhérente à son activité et la subordination juridique qui caractérise la relation de travail salariée. En réalité, le droit du travail n'ignore pas la nature particulière de l'activité de l'artiste-interprète. D'une part, l'artiste-salarié est largement soustrait aux conditions traditionnelles de la subordination juridique, d'autre part, un espace est laissé aux artistes qui souhaitent exercer en qualité d'indépendant. Malgré l'existence d'une double protection juridique, l'artiste-interprète demeure un sujet de droit fragile. Il fait souvent figure de travailleur précaire avec la généralisation de formes d'emploi flexibles et son droit voisin fait figure de « parent pauvre». L'artiste-interprète est d'autant fragilisé que son droit fait l'objet de contestations dans le cadre de l'Internet. Le rapport de force avec les acteurs de l'économie numérique est inégal et les revendications du public sont fortes. Il s'ensuit le besoin de définir un cadre plus équitableThe legal position of the performer consists in a narrow interweaving of the labour law and intellectual copyright rights. Each source of rights bandles different times related to performing artists's activities. Labour law refers to the performer as a worker. Salaried staff status is predominant since the legislator bas introduced a presumption of employment. Literary and artistic property rigbts focus on the result of the creating process on which performers benefit from rights related to copyright. Performing artists are indeed at the heart of a delicate joint between the freedom of speech inherent to their activity and the legal subordination which characterises salaried staff relations. Actually, the labour law is not unaware of the peculiar nature of performing artists's activities. On one band, the salaried artist is exempt from the usual requirements of legal subordination; on the other hand, room is left to artists hoping to work as self-employed. Although a double legal protection exists, performing artists remain a fragile subject of law. They are often considered as precarious workers with the generalization of flexible forms of work and their neighbouring rights are often seen as a poor relation. Performing artists are even more so weakened that their right is subject to protests on the Internet. The power relationship with the players in the digital economy is uneven and grievances from the public are very strong. There is a need to define a more equitable frame
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Sinclair, Donna Lynn. "Caring for the Land, Serving People: Creating a Multicultural Forest Service in the Civil Rights Era." PDXScholar, 2015. https://pdxscholar.library.pdx.edu/open_access_etds/2463.
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This qualitative study of representative bureaucracy examines the extension and limitations of liberal democratic rights by connecting environmental and social history with policy, individual decision making, gender, race, and class in American history. It documents major cultural shifts in a homogeneous patriarchal organization, constraints, advancement, and the historical agency of women and minorities. "Creating a Multicultural Forest Service" identifies a relationship between natural and human resources and tells a story of expanding and contracting civil liberties that shifted over time from women and people of color to include the differently-abled and LGBT communities. It includes oral history as a key to uncovering individual decision points, relational networks, organizational activism, and human/nature relations to shape meaningful explanations of historical institutional change. With gender and race as primary categories, this inquiry forms a history that is critical to understanding federal bureaucratic efforts to meet workforce diversity goals in natural resource organizations.
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Trigueiro, Charles de Sousa. "Políticas afirmativas para pessoas com deficiência e a efetividade do princípio do pleno emprego: o caso dos portadores de visão monocular e surdez unilateral." Universidade Federal da Paraíba, 2014. http://tede.biblioteca.ufpb.br:8080/handle/tede/7784.
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With the enactment of the 1988 Federal Constitution, the concept of employment has been extended and uncut to hold the idea of the quota system for disabled access to positions and jobs, public and private. This system of affirmative action currently unfolding force as the constitutional prohibition of any discrimination, both with respect to wages as the admission criteria of the disabled worker, established since the paragraph XXXI of art. 7 this brazilian Policy Letter. It happens that, according to Decree No. 3,298 / 99, which regulates Law No. 7,853, of October 24, 1989, which provides for a National Policy for the Integration of Persons with Disabilities, people with mild disabilities are not considered disabled for purposes of this legislation, as is the case of people with monocular vision and unilateral deafness. To exclude the protection of these persons with disabilities, the normative act collides head-on with full employment, constitutionally guaranteed value and with the Decree n ° 6949/09, by which Brazil ratified the International Convention on the Rights of Persons with disabilities and its Optional Protocol, signed in New York on March 30, 2007 this scenario, the object of this dissertation is the case law and the rules relating to matters relating to access to employment for people with disabilities carriers of monocular vision and deafness unilateral, in accordance with the realization of the principle of full employment and consistent with international norms of human rights protection. As a result of this analysis, we propose a scheduling in three degrees of disability (severe, moderate and mild, pursuant to Art. 3 of the Supplementary Law No. 142/13) for the purpose of consideration of admission into procurement at the federal level. It is complex and urgent issue that demands attention and specific affirmative action policies, because the current time requires immediate correction of social injustices. Considering especially the case under consideration, there is the establishment, direct or indirect implications of continuous and impeding the full development of individuals and society as a whole; substantiating such a situation in the event of unconstitutionality to be quelled in the light of careful human rights of people with mild disabilities constitutional hermeneutics.
Com a promulgação da Constituição Federal de 1988, o conceito de emprego foi ampliado e lapidado para comportar a ideia de sistema de cotas para acesso de deficientes a cargos e empregos, públicos e privados. Esse sistema de ação afirmativa, atualmente, vigora como desdobramento da vedação constitucional de toda e qualquer discriminação, tanto no tocante a salário quanto a critérios de admissão do trabalhador com deficiência, instituída desde o inciso XXXI, do art. 7º dessa Carta Política brasileira. Ocorre que, segundo o Decreto n° 3.298/99, o qual regulamenta a Lei nº 7.853, de 24 de outubro de 1989, que dispõe sobre a Política Nacional para a Integração da Pessoa com Deficiência, as pessoas com deficiência de grau leve não são consideradas deficientes, para efeito dessa legislação, como é o caso dos portadores de visão monocular e de surdez unilateral. Ao excluir a proteção dessas pessoas com deficiência, o ato normativo colide frontalmente com o pleno emprego, valor constitucionalmente assegurado, bem como com o Decreto n° 6.949/09, por meio do qual o Brasil ratificou a Convenção Internacional sobre os Direitos das Pessoas com Deficiência e seu Protocolo Facultativo, assinados em Nova York, em 30 de março de 2007. Nesse cenário, constitui objeto desta dissertação a jurisprudência e a normativa referente à matéria, relativa ao acesso ao trabalho das pessoas com deficiência portadoras de visão monocular e de surdez unilateral, em conformidade com a efetivação do princípio do pleno emprego e em consonância com a normativa internacional de proteção dos direitos humanos. Como resultado dessa análise, propõe-se um escalonamento em três graus de deficiências (grave, moderada e leve, nos termos do Art. 3º da Lei Complementar nº 142/13) para efeito de consideração da admissão em concursos públicos na esfera federal. Trata-se de tema complexo e urgente, que reclama atenção e políticas afirmativas específicas, porquanto o tempo atual requer a imediata correção de injustiças sociais. Considerando-se, especialmente, o caso em exame, há o estabelecimento, direto ou indireto, de implicações continuas e impeditivas do desenvolvimento pleno das pessoas e da sociedade como um todo; consubstanciando tal situação em hipótese de inconstitucionalidade a ser debelada à luz de uma hermenêutica constitucional atenta aos direitos humanos de pessoas com deficiências leves.
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Westlin, Joseph. "Physical Ability Testing: A Review of Court Cases 1992-2014." TopSCHOLAR®, 2014. http://digitalcommons.wku.edu/theses/1348.
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Selecting employees for hire and promotion is one of the most essential functions of an organization. Many companies that have positions which contain a physical component rely on physical ability testing as part of their selection procedure. The establishment of both the Civil Rights Act and the Americans with Disabilities Act (ADA) had a profound impact on the manner in which selection testing may legally be conducted (Gutman, Koppes, & Vodanovich, 2011). The current study sought to analyze court cases involving physical ability testing. Results revealed that pure ability tests did not significantly differ from work sample tests with regard to whether court cases found for the plaintiff or defendant. Additionally, rulings did not significantly differ in ruling in favor of the plaintiff or defendant with regard to whether the position in question involved public safety. Finally, the ADA related cases did not significantly differ in their rulings in favor of the plaintiff or defendant after the 2011 modifications to the interpretation of disabled, as compared to before 2011. Future research should focus on the difference between court rulings involving physical ability tests in comparison to other forms of testing such as cognitive tests, and further investigate the role of the ADA in physical ability testing.
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Pereira, Júnior Manoel Amaro. "Terceirização : violação ou concretização dos direitos humanos?" Universidade Católica de Pernambuco, 2012. http://tede2.unicap.br:8080/handle/tede/495.
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Previous issue date: 2012-02-24This assignment has as a theme Outsourcing: violation or realization of fundamental rights? . The title chosen was a result of the author s concerns, as to the modifications in which the labor relation is now passing by. The method used in this assignment, with the help of books, journals and research, was the deductive. At first, the author makes an analysis about the fundamental principles. Then, was analyzed some of actual and atypical forms of workers' hiring, due to flexible politics, with special focus on outsourcing. In the course of the study, the author will do a connection between these subjects, in an attempt of demonstrating what the outsourcing, founded in its normative instrument (Docket 331 of the Superior Court of the Work), reaches, in a negative way, principles of labor rights, making doubts with the entire protection base that stands for it. As can be seen, after many investigations, it concludes that the outsourcing, legally approved by the state, through the highest work court of the country, is against constitutional principles for the workers, as the jus fundamental rights
O trabalho que segue tem como tema "Terceirização: violação ou concretização dos direitos fundamentais?". O título escolhido foi fruto de inquietações próprias do autor, no que concerne às modificações pelas quais vem passando a relação de trabalho. O método utilizado neste trabalho, com o auxílio de livros, periódicos e pesquisas, foi o dedutivo. A princípio, o autor faz uma análise acerca princípios fundamentais aplicáveis ao Direito do Trabalho. Posteriormente, foram analisadas algumas das formas atuais e atípicas de contratação de trabalhadores, frutos reformas flexibilizadoras do direito do trabalho, com foco especial sobre a terceirização na atividade-meio e atividade-fim. No decorrer do estudo, o autor faz um liame entre esses assuntos, numa tentativa de demonstrar que a terceirização, fundada no seu instrumento normativo (Súmula 331 do Tribunal Superior do Trabalho), atinge, de forma negativa princípios do direito do trabalho, abalando com toda a estrutura de proteção que sobre ele recai. Como poderá ser analisado, após muitas investigações, constata-se que a terceirização, legitimamente reconhecida pelo Estado, através da mais alta corte trabalhista do país, contraria princípios constitucionais de aplicabilidade para os trabalhadores, bem como direitos fundamentais
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Paley, Irina. "Right place, right time : parental employment schedules and the allocation of time to children /." View online version; access limited to Brown University users, 2005. http://wwwlib.umi.com/dissertations/fullcit/3174657.
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Tai, Chin-hsiu, and 戴錦秀. "A Study of Indigenous Peoples Employment Rights and Interests Protection." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/50868082985137306184.
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碩士國立高雄大學
高階法律暨管理碩士在職專班(EMLBA)
99
On the basis of the article 7 of The Constitution of the Republic of China, all citizens of the country, irrespective of sex, religion, ethnic origin, class, or party affiliation, shall be equal before the law. Moreover, to speak of the issue of the access to take up a job with 'preferential rights' that is provided by the law for indigenous people. With regard to the legal principle according to the article 15 of the constitution 'the right to live, the right to work, and the right to own property shall be guaranteed to the people,' and the article 152 'the State shall provide suitable opportunities for work to those persons who have the ability to work.' In addition, the Additional Articles of the Constitution of the Republic of China, point 7 and 12 of the article 10 are based on the equal rights. However, such is the argumentation, mostly created for indigenous people to safeguard their right to work. Nevertheless, there is still always the falling head between the policy and the actual situation. The government policy must be tracked and fulfilled more, also strengthen the guideline for indigenous people, or even comprehensively hold public hearings. What is more, not only the employment status of indigenous people should be investigated by Council of Indigenous Peoples on a regular basis, but also localize the job opportunities based on their various talents and personalities. Sampling survey is applied to understand indigenous people’s situations and difficulties of their employment, and draw up interrelated career guidance and promotion policies through analyzing empirical data. So that more diverse and more complete guarantee could be provided for employment of indigenous people. This study intends to discuss the legislative spirit, the contents and the performance of the Indigenous People Employment Rights Protection Act, to analyze some unsolved issues in Taiwan and the way to revise the policies in the future in order to implement the purposes of the protection act. In accordance with many statistics data made by Council of Indigenous Peoples, Executive Yuan, the employment rate of indigenous people is deteriorating as the national unemployment rate is increasing. Therefore, the employment issue of indigenous people is definitely one of the most important issues in human rights. However, the reviews of this issue are mostly focusing on “how to have indigenous people be employed” instead of collecting different points of views to benefit each party and to approach a win-win situation. Due to the crush of economic crisis influent to indigenous people is much heavier than the general public, indigenous people are generally so poor that they have to give up their school to work. Therefore, they have serious disadvantages to their level of education. The government policies of importing massive cheap foreign labors so that the working opportunities of indigenous people are reduced, offshoring convention industries, and the government encourage indigenous people to work in the city instead of their hometown all lead to the high unemployment rate of indigenous people. If the government can change their concepts on both employment and unemployment guidance based on their various talents and personalities to provide local employment services and enhance some courses related to local industries such as hospitality, hotel management, construction and building activities, the regional working opportunities will be increased. Moreover, the government must develop better fundamental supporting measures such as to fund some minor works, to setup different types of duty-free cooperatives, to develop culture related certificates to advance conventional industries, to ease the requirements of loans, and to adjust the employment policy from external to internal. The above policies are capable to provide better regional working opportunities, to look after their families, to pay attention to children’s education issues, to restore ecological environment, to maintain traditional cultures, and to obviously improve the indigenous people’s employment status by offering them the potential to develop themselves in their hometown.
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Wang, Jia-Long, and 王嘉隆. "Study the employment rights and interests protection of“part-time worker”." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/66431819481433152378.
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碩士義守大學
工業工程與管理學系碩士班
98
The twenty-first century is an era of fast economic development , all countries business companies are facing global market change contention. One of its specific characteristic is no other than the atypical employment, the rise and development of flexible working hour which roughly comprises part time labor, contract labor, household labor and many other dissimilar type of labor. Among them part-time job operation comparatively receive more of business & government favor. When European countries set into motion part time job it turn out to be a universal trend and some part of the European countries, in order to protect part time job person rights & interests did already regulated related system. There are related ordinances only for recent domestic part-time laborer, but still it unable to provide a comprehensive and appropriate guaranteed standard. So that , how to give consideration to both sides rights and interests eventually is to establish a conforming national "part-time" standards to prevent future non-stop disputes, this is the objective of this thesis. To explore " part-time workers" of the working conditions and benefits related to labor under existing labor laws to protect my situation, and provide Labor Law of Taiwan in the future for "atypical employment " are the repair method proposed in this study refer to the U.S. economist Dunlop in 1958, "Industrial Relation System Approach" as the analytical approach. The conclusion of the study include: 1. No clear definition of part-time, easy with the "time workers" confused; 2. At the present stage in Taiwan, " part-time worker" source of labor supply of workers of state differences with him; 3. "part-time workers" lack the protection of working conditions; 4." part-time system "is not specific legal system, caused by some part-time workers labor rights protection is not comprehensive. This study suggests that there are: 1. By a clear definition of "part time" in substance, to protect labor rights, the promotion of labor force participation; 2. To establish "some part-time system, the rule of law" of the specification, and included in the basic labor rights protection principles; 3. the public sector in promoting "some part-time" policy direction should be trimmed.
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Shilton, Elizabeth. "Gifts of Rights?: A Legal History of Employment Pension Plans in Canada." Thesis, 2011. http://hdl.handle.net/1807/27603.
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This thesis explores the role played by law in the current breakdown of the employment pension system, focusing on the legal status of pension plans within the employment relationship, and on the way lawmakers have defined, shaped and enforced employee pension rights. It traces the legal status of employment pensions from their 19th Century characterization as gifts to reward employees for long and faithful service, to their current 21st Century construction as terms of the contract of employment. The thesis argues that Canadian lawmakers within all three legal regimes structuring rights and obligations within the employment relationship – the common law, collective bargaining law and statute law – have contributed significantly to the overall dysfunction of the system by cultivating both substantive and procedural legal rules that locate critical issues concerning the scope, design, durability and distribution of employee pension rights within the control of employers. Predictably, Canadian employers have used that control to shape pension plans to meet their distinct business needs, needs that frequently collide with worker needs and expectations for good pensions. Even in the heyday of the ‘Fordist’ work structures that fostered employment pension plans, the system delivered benefits very unequally, privileging the interest of elite workers who fit the ‘male breadwinner’ mould, and failing to provide adequate and secure pensions for the majority of Canadian workers. Changes in the organization of work in Canada, including trends towards more precarious work, will continue to exacerbate the problems inherent in the system, escalating its distributional inequalities. In the current round of pension law reform, Canada’s policy makers should abandon the effort to repair a system which is flawed at its core, and should instead seek a new foundation for pensions outside the employment relationship, a foundation which will not subordinate the pension interests of workers to the business interests of employers.
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Chen, Chung-Wen, and 陳仲文. "The Study of PRC National People Congress''s Personal employment and discharge Rights." Thesis, 1998. http://ndltd.ncl.edu.tw/handle/86262318952635049743.
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