Academic literature on the topic 'Individual termination of labour legal relationship'

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Journal articles on the topic "Individual termination of labour legal relationship"

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Domańska, Monika. "Niewygaszone wygaśnięcia – czyli o nadużywaniu instytucji wygaśnięcia stosunku służby (stosunku pracy) przez krajowego prawodawcę." Zeszyty Prawnicze Biura Analiz Sejmowych 82, no. 2 (2025): 54–75. https://doi.org/10.31268/zpbas.2024.31.

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In author’s opinion, the termination of a service (employment) relationship does not occur by virtue of law, if it occurs as a result of a legal action taken by the employer based on a discretionary selection of employees. Such selection doesn’t implement the rules of the Labour Code and deprives employees of legal guarantees. In fact, the apparent termination of these relations is the beginning of legitimate claims of former employees. It is clear from the Supreme Court’s case law that the free selection of individuals for dismissal, although presented as a statutory termination of a service
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Mihailenko, Yu A., A. I. Parubov, and S. V. Shakhanina. "Theoretical approaches to the grounds of differentiation in labour law." Law Enforcement Review 7, no. 2 (2023): 153–62. http://dx.doi.org/10.52468/2542-1514.2023.7(2).153-162.

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The subject. Differentiation in the science of labor law is examined as a feature of its sources; it is named among the principles of the branch and features of the method of legal regulation. The article analyzes the formation and development of the doctrine of differentiation (with an emphasis on its foundations) in the science of Soviet labor law, as well as modern problematic aspects of differentiation in labor law. Alongside the traditional division of the grounds for differentiation into objective and subjective, in the modern science of labor law it is proposed to conduct it on the basi
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Filchakova, Svetlana. "Death or Long-Term Absence as a Legal Fact Terminating the Employment Relationship." Academic Law Journal 25, no. 1 (2024): 95–103. http://dx.doi.org/10.17150/1819-0928.2024.25(1).95-103.

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The article notes that in practice of terminating an employment contract due to circumstances independent of the will of the parties, it is difficult to apply such a ground as the death of an employee or employer – an individual. In particular, it is stated that it is difficult to choose the reason for termination of an employment contract with an employee who has been absent for a long time and is not performing his or her work. In practice, the grounds for termination of the employment contract are often replaced, since the employer does not consider it necessary to clarify the reasons for t
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Agashev, Dmitry V. "Invalidity of the employment contract and recognition of the employment contract as not valid as a promising way to protect labour rights." Russian Journal of Labour & Law 13 (2023): 245–60. http://dx.doi.org/10.21638/spbu32.2023.117.

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The study is devoted to the substantiation and formulation of proposals for the implementation in Russian labour law of a promising way of protecting individual labour rights — invalidity of the employment contract and the recognition of an employment contract as inactive in court, as well as their ratio. Based on the analysis of the labour legislation of the Russian Federation and other states of the EAEU, an analysis is made of the current state of the normative legal regulation of the issues of the invalidity of an employment contract. It is proposed to fix in the Russian labour legislation
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Stefanchuk, Maryna. "GUARANTEES OF PROSECUTORS IN THE TERMINATION OF AN EMPLOYMENT CONTRACT: LEGAL CERTAINTY." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 124 (2022): 90–96. http://dx.doi.org/10.17721/1728-2195/2022/5.124-15.

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The problematic aspects of the practical implementation of the provisions of the legislation, which regulate the guarantees of employees upon termination of the employment contract, are highlighted. These issues are investigated in the aspect of its application to prosecutors during the staff reform of the Public Prosecutor's Office as the embodiment of priority measures for the reform of this institution at the current stage. The purpose of the scientific article is to establish the problematic aspects of the legislative consolidation of guarantees of prosecutors upon termination of an employ
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Bailo, O. V. "SOME ASPECTS OF THE APPLICATION OF THE SIMPLIFIED REGULATION OF LABOR RELATIONS." Constitutional State, no. 48 (December 19, 2022): 32–38. http://dx.doi.org/10.18524/2411-2054.2022.48.267965.

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The Code of Labor Laws of Ukraine was supplemented by Chapter III-B “Simplified mode of regulation of labor relations”. Like any new legal institution, the institution of a sim­plified regime for the regulation of labor relations raises a number of questions in law enforce­ment practice. A feature of the simplified regime of regulation of labor relations is the “simplified” pro­cedure for organizing document circulation at the workplace. In connection with the emphasis on the employment contract (Part 4, Article 21 of the Code of Labor Laws of Ukraine), as a means of regulating labor relations
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Bulla, Martin. "Terminación de la relación laboral en Eslovaquia." Revista Justicia & Trabajo 2024, no. 1 (2024): 183–203. http://dx.doi.org/10.69592/2952-1955-extra-junio-art-6.

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Slovak labour law regulates the termination of employment in a rigid manner, based on the principle of protection of the employee as the weaker party in labour relations. The Labour code distinguishes four key types of terminating an employment relationship: I. Termination by agreement, II. Notice of termination, III. Immediate termination and IV. Termination within a probationary period. In addition to that, an employment relationship will also terminate upon the death of the employee and fixed-term employment will terminate upon expiry of the agreed period. Special provisions apply to termin
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Wincenciak, Mirosław. "“Transformation” of a Tax and Customs Administration Officer’s Service Relationship Into an Employment Relationship." Studia Iuridica Lublinensia 29, no. 1 (2020): 215. http://dx.doi.org/10.17951/sil.2020.29.1.215-227.

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<p>Lack of court protection for officers whose current service relationship is substituted with a form that is less beneficial – an employment relationship, should be seen as a violation of their right to trial. A labour court, by definition, is not an appropriate court when it comes to cases of entering into or the termination of service relationships having a legal and administrative character. This court can judge cases concerning the employment relationship of an employee but fundamentally does not have jurisdiction to assess the establishment and termination of a legal and administr
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Bontlab, Vasyl, and Ivan Yatskevych. "Termination of Powers of an Official as a Ground for Termination of an Employment Agreement (Contract) with a Manager: Features and Problems of Implementation." NaUKMA Research Papers. Law 11 (October 26, 2023): 56–63. http://dx.doi.org/10.18523/2617-2607.2023.11.56-63.

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In order to protect investments, rights and interests of investors, a number of legal acts were amended in 2014. In particular, a new ground was added to the list of additional grounds for termination of an employment agreement initiated by the employer – termination of powers of an official of the company, which accordingly entails termination of the employment agreement with such an official. However, an analysis of the case law on disputes over termination of an employment agreement with a manager initiated by the employer due to revocation of the official’s powers reveals a number of probl
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Mazurczak-Jasińska, Eliza. "Kodeksowa ochrona szczególna stosunku pracy powstałego na podstawie powołania." Przegląd Prawa i Administracji 117 (December 20, 2019): 47–60. http://dx.doi.org/10.19195/0137-1134.117.5.

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THE SPECIAL PROTECTION OF EMPLOYMENT RELATIONSHIP ON THE BASIS OF APPOINTMENTRESULTING FROM THE LABOUR CODEThe subject matter of this study is an analysis of the legal mechanisms resulting from the provisions of the Labour Code which concern the special protection of an employment relationship which is based on appointment, regarding both their subjective scope as well as the terms of the correctness of their applications by the appellant the employer. Among the ways of establishing an employment relationship, appointment stands out by providing the smallest degree of stabilization, not only b
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Dissertations / Theses on the topic "Individual termination of labour legal relationship"

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Бабенко, Е. В., та E. V. Babenko. "Доктрина захисту трудових прав працівників при припиненні трудових правовідносин". Thesis, КНУ ім. Т. Г. Шевченка, 2019. http://openarchive.nure.ua/handle/document/10363.

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Дисертація на здобуття наукового ступеня доктора юридичних наук за спеціальністю 12.00.05 – трудове право; право соціального забезпечення – Київський національний університет імені Тараса Шевченка. – Київ, 2019. The dissertation for the scientific degree of the Doctor of Law in specialty 12.00.05 – labor law; social security law – Taras Shevchenko National University of Kyiv of the Ministry of Education and Science of Ukraine. – Kyiv, 2019.<br>Дисертація присвячена формулюванню основних доктринальних засад захисту трудових прав працівників при припиненні трудових правовідносин. У роботі запроп
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Carneiro, António Filipe Couto. "Tramitação da ação de impugnação judicial da regularidade e licitude do despedimento : uma análise crítica aos artigos 98.º-B a 98.º-P do Código de Processo do Trabalho." Master's thesis, 2019. http://hdl.handle.net/10400.14/28647.

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A ação de impugnação judicial da regularidade e licitude do despedimento, introduzida no ordenamento jurídico-laboral através do Decreto-Lei n.º 295/2009, de 13 de outubro, consiste no mecanismo processual célere e simplificado que o trabalhador tem à sua disposição para impugnar a decisão de despedimento individual que lhe tenha sido devidamente comunicado por escrito, apresentando-se, por isso, de extrema relevância no âmbito de uma relação jurídico-laboral. Apesar de se demonstrarem inegáveis as pretensões do legislador aquando da criação deste processo especial no direito laboral ad
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Book chapters on the topic "Individual termination of labour legal relationship"

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Deinert, Olaf. "13 Legal succession and termination of the employment relationship." In International Labour Law under the Rome Conventions. Nomos Verlagsgesellschaft mbH & Co. KG, 2017. http://dx.doi.org/10.5771/9783845278605-319.

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Luciano Benetti, Timm, and Verçosa Fabiane. "Part 2 Specific Issues of Arbitration in Brazil, 20 Labour Law Arbitration." In International Arbitration: Law and Practice in Brazil. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198840114.003.0020.

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This chapter highlights labour law arbitration in Brazil. Traditionally, labour law in Brazil recognises two main groups of rights: individual and collective rights. Individual labour relations are concerned with the relationship between individual workers and their employers. Collective labour relations refer to the social relationships generated through processes of consultation and negotiation—over working conditions, labour standards, and other employment issues—between, on the one hand, the workers' collective or their representatives and, on the other hand, the employers or employers’ or
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Rozić, Ivo, and Marijana Ljubić. "Disciplinary Liability of Public Servants - With Particular Reference to Employees of Higher Education System - in Relation to Disciplinary Liability of Civil Servants in the Republic of Croatia." In Regional Law Review. Institute of Comparative Law, 2023. http://dx.doi.org/10.56461/iup_rlrc.2023.4.ch12.

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The paper presents the legal regulation of disciplinary liability of employees of higher education institutions (public servants) and the regulation of disciplinary liability of civil servants in the Republic of Croatia, regulated by the Law on Civil Servants. At the outset, the legal nature of the public service relation is defined as an employment relation, and the concept of public servant is demarcated from civil servant, i.e. the legal definition of public and civil service within the single concept of public administration. In terms of disciplinary liability arising from the employment r
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Litchfield, Paul. "Ethics in occupational health." In Fitness for Work. Oxford University Press, 2013. http://dx.doi.org/10.1093/med/9780199643240.003.0005.

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Ethics, or moral philosophy, is an attempt to define principles that govern how people should behave in society. Healthcare is practised within communities and must reflect the cultural and ethical values of society as a whole. Professional codes of ethics are not unique to healthcare, but from as early as the 5th century BC ethical behaviour has been acknowledged as a cornerstone of good medical practice. The relationship between a health professional and a patient is one where power lies predominantly with the health professional and the various biomedical ethical codes seek, among other thi
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Conference papers on the topic "Individual termination of labour legal relationship"

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Mihailov, Tatiana. "HOW TO USE THE ELECTRONIC SIGNATURE WHEN COMPLETING WORK DOCUMENTS." In International Scientific Conference ‘Digitalization of legal deeds in the context of the modernization of public services’. Moldova State University, 2024. http://dx.doi.org/10.59295/daj2022.04.

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The current labor legislation gives a decisive role to the age criterion and conditions the appearance or termination of an employment relationship based on it. And if, in this particular case, the legality of establishing a minimum age for obtaining labour capacity is not in doubt, then establishing at the legislative level an age limit which, once reached, entails to the termination of contractual employment relationship, is to be analyzed in terms of legality and compliance with the non-discrimination principle within the employment relationships.
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Kovačević, Tijana. "Prison Labour: Historical, Normative and Practical Aspects." In International Scientific Conference “LIFE IN PRISON: Criminological, Penological, Psychological, Sociological, Legal, Security and Medical Issues”. Institute of Criminological and Sociological Research, Belgrade, Serbia, 2024. https://doi.org/10.47152/prisonlife2024.38.

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The paper analyses the historical, normative and practical aspects of prison labour. The first part is devoted to the historical development of penal systems and the purpose of punishment. There have been different conceptual approaches in different periods, starting from repressive and retributive elements and the function of punishment to the acceptance of the philosophy of resocialization and rehabilitation of convicts, the goal of which is to equip the individual for socially useful action and generally accepted behaviour. Namely, it has been observed that healthy and productive labour has
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Bachvarova, Margarita. "THE PROBLEM OF EXCLUDING A PARTNER C LTD DUE TO NON-PAYMENT OF PARTICIPATION." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.34.

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The report raises the problem of the exclusion of a partner as a penalty consequence for culpable neglect of the obligations arising out of the membership. It supports the thesis that exclusion is a subjective right of the company. Exclusion is defined as having a dynamic actual structure, and three major elements thereof have been examined: grounds for exclusion, procedure, and legal consequences of the termination of membership. It has been inferred that the principle for validity of exclusion is a legal guarantee for the freedom of the individual in the relationship between personality and
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