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1
Las, Heras Horacio Raúl. "International Labor Law Standards and Argentine Domestic Law." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/117309.
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The following article attempts to address the problem, from the point of view of the labour law, which arises on the interpretation of standards on the basis of an analysis of sources, both internal sources such as international. Whereupon, the author advocates maintain the essence of the protective principle of labour law which will lead to combining rules from different sources to protect both the worker as the structure institutional and legal of the domestic law of each country.El presente artículo intenta abordar la problemática, desde el punto de vista del derecho laboral, que se presenta en torno a la interpretación de normas laborales partiendo de un análisis de fuentes, ya sea tanto fuente interna como internacional. Con lo cual, el autor aboga por mantener la esencia del principio protector del derecho laboral lo cual llevará a conjugar normas de las diferentes fuentes para proteger tanto al trabajador como a la estructura institucional y legal del derecho interno de cada país.
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Fajardo, Mori Martín. "The Presumption of Labor in the New Labor Procedure Law." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118189.
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This article focuses on the analysis and use of the institutions that are used in the new work process in order to give effective protection to workers in a process who were imposes a minimum duty of proof, and in turn, serve to combat fraud in hiring.El presente artículo se enfoca en el análisis y usos de las instituciones que se utilizan en el nuevo proceso laboral con el fin de dar un tutela efectiva a aquellos trabajadores dentro de un proceso a quienes se les impone un deber mínimo de probanza, y, a su vez, sirva para combatir el fraude en la contratación laboral.
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Boza, Pro Guillermo. "Emergence, Evolution and Consolidation of Labor Law." THĒMIS-Revista de Derecho, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/107946.
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Labor Law arose from the need to provide protection to the objectively weak part of the employment relationship: The worker. However, how did Labor Law originated and inwhich way did it acquire its protective nature? In this article, the author presents a comprehensive history of the origins of Labor Law, the various stages it went through and even its arrival to Peru, as well as the challenges it currently faces.El Derecho del Trabajo surge ante la necesidad de brindar protección a la parte objetivamente débil de la relación laboral: El trabajador. Sin embargo, ¿cómo se originó el Derecho del Trabajo y de qué forma adquirió su carácter protector? En el presente artículo, el autor nos presentauna completa historia sobre los orígenes del Derecho del Trabajo, las diversas etapas por las cuales tuvo que transitar e incluso su llegada al Perú, así como los retos que enfrenta actualmente.
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Wasileski, Gabriela. "Labor law transformation and the rule of law the Czech and Slovak Republics, 1993-2005 /." Access to citation, abstract and download form provided by ProQuest Information and Learning Company; downloadable PDF file, 100 p, 2007. http://proquest.umi.com/pqdweb?did=1303296061&sid=10&Fmt=2&clientId=8331&RQT=309&VName=PQD.
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Sundra, Karean Vanitha Karean. "Individual empowerment in labour law /." [St. Lucia, Qld.], 2004. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe18313.pdf.
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Vinatea, Recoba Luis. "Allegations in the New Peruvian Labor Proccess Law." THĒMIS-Revista de Derecho, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/110059.
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The New Labor Procedure Act has generated many changes in the structure of the labor process itself: It has turned from being written and unfocused to become now an oral and concentrated one. As a consequence, there's only once chance for convincing the Judge.This article covers the strategy to be followed in this new process, from the strategy itself to the allegations, in order to generate certainty in the judge whom will solve the case.La Nueva Ley Procesal del Trabajo ha generado cambios muy amplios en la estructura delproceso mismo: Ha pasado de ser un proceso escrito y desconcentrado a convertirse en uno oral y concentrado. Como consecuencia de ello, existe una única oportunidad de convencer al Juez.El presente artículo abarca la estrategia que debe seguirse en este nuevo proceso, desde la formulación de la estrategia misma hasta los alegatos, a efectos de generar convicción en el juzgador que resolverá el caso.
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Goldin, Adrián O. "Some defining features of a changing Labor Law." THĒMIS-Revista de Derecho, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/108597.
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Labor Law is an area of Law that has generated much controversy branch of over the years. This is mainly because this branch of Lawis in constant change and development, to which the system must adapt. Because of the importance of the topic, this article seeks to identify the essential (defining) features of Labor law, including those features that have been recently defined.What this article tries to accomplish is to identify those defining features of Labor law and to give them a practical utility, and let us be able to monitor a branch of Law that has been constantly changing, and be prepared for its future development.El Derecho del Trabajo es un área del Derecho que ha generado mucha polémica a lo largo de los años. Esto se debe, principalmente, aque dicha rama se encuentra en constante desarrollo, al cual el sistema debe adaptarse. Debido a la importancia del tema, en este artículo se buscan definir los rasgos definitorios del Derecho del Trabajo, incluso aquellos quehan sido incorporados recientemente.El punto fundamental del presente artículo es identificar dichos rasgos definitorios y otorgarles una utilidad práctica. Esto con el objetivo de hacer un seguimiento de una rama del Derecho que ha ido cambiando y estar preparados para el futuro desarrollo.
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Munuve, Lilian Kasyoka. "A comparison between the South African and Kenyan labour law systems." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/752.
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Labour law is a system of rules regulating the labour force in the society. These rules of labour are legal rules and are legally enforceable which means that if there is a breach of rules a party may approach a court of law or any other institution to obtain relief in respect of the breach of the rules. As a large percentage of the population at any given time in the world is involved with employment relationship, the labour relationships between employer and employee cannot be ignored as it affects both socio-economic and political factors in our society. Labour Law in general focuses on various relationships, including the relationship between the employer and employee, between the employer and a trade union or a group of employees, employers and employers’ organization. From the foregoing it can be deduced that there are two components of labour law which must be distinguished, namely individual and collective labour. The individual relationship focuses on the relationship between the employer and the employee while collective labour laws deal with matters such as legal nature of trade unions (and employers’ organization), the legal nature and enforceability of collective agreements, collective bargaining institutions and the legal consequences that flow from strikes, lock outs and other forms of industrial action. Collective labour law can therefore be said to be the body of rules which regulates the following collective relationships between: • employees and the trade union they belong to • employers and employers’ organization • employers and /or employers organization and trade unions • the government and trade unions • the government and employers organization However the collective labour law cannot be said to be absolute but is interdependent with individual labour law because the collectively agreed terms become part of the individual employment relation. This study mainly focuses on the collective labour aspect of the labour law system which shall be discussed in detail in the chapters to follow.
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Higa, García Alfonso. "The Arbitration Clauses and the New Labor Procedure Law." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/119111.
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The following article offers a point of view about the arbitraje as an alternate resolution method for workplace conflicts, in this way, a more critical point of view can be developed about the possibility of the arbitraje usage regulated in the “Ley Procesal del Trabajo” which once again has been regulated in the “Nueva Ley Procesal del Trabajo”. For that purpose, the author analyzes the different points of view existing in the doctrine as well as the ones in the jurisprudence about the labour arbitration situation in the “Ley General de Arbitraje”, followed by this, it will be analyzed the regulation contained in the “Nueva Ley Procesal del Trabajo”.El presente artículo nos brinda una visión acerca del uso del arbitraje como método de resolución de conflictos alterno en el ámbito de los conflictos laborales, así, se desarrolla una mirada crítica sobre la posibilidad del uso del arbitraje que se encontraba regulada en la Ley Procesal del Trabajo y que, nuevamente, ha sido regulada en la Nueva Ley Procesal del Trabajo. Para ello, el autor analiza las posiciones existentes tanto en la doctrina como en la jurisprudencia sobre la situación del arbitraje laboral en la Ley General de Arbitraje, luego de lo cual se analizará la regulación contenida en la Nueva Ley Procesal del Trabajo.
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Ugaz, Olivares Mauro, and Prentice Alejandra Alvarado. "Staff costs from the perspective of Labor Tax Law." THĒMIS-Revista de Derecho, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/109386.
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Nowadays, the extensive development ofTax Law has left no branch of Law to remindout of its influence, Labor Law not beingany exceptions. In fact, some Labor Law institutions such as remuneration and utilitiescan have important tributary consequences.Because of this link, the author, in the present article, makes a tributary analysis of Labor Law, reflecting on aspects related to personnelcosts and their tax implications.En la actualidad, el amplio desarrollo que ha tenido el Derecho Tributario hace que no haya rama del Derecho que no se relacioneen algún punto con éste, no siendo el Derecho Laboral una excepción. Así, algunas instituciones laborales como la remuneración y las utilidades pueden, asimismo, tener importantes consecuencias tributarias.En vista de esta relación, el autor, en el presente artículo, realiza un análisis tributario del Derecho Laboral, reflexionando sobre temas relacionados al gasto de personal y sus implicancias tributarias.
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Van, Loggerenberg Johannes Jurgens. "Constructive dismissal in labour law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/301.
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The history of constructive dismissals in South Africa imitated from the English law in 1986, when an employee successfully challenged the employer on this particular concept after an incident relating a forced resignation. From the literature it is clear that constructive dismissal, as we know it today, originated from our English counterparts. Being a relatively new concept, the South African labour laws caught on at a rapid pace. The leading case on which the South African authors leaned towards was the English case of Woods v WM Car Services (Peterborough). In South Africa constructive dismissals were given statutory force in unfair dismissal law and is defined as the coerced or forced termination of a contract of employment resultant in from the conduct of the employer. There are many forms in which constructive dismissals would postulate that could justify an employee to lay claim to constructive dismissal. Examples thereof are the amendment of the contract of employment, rude language and sexual harassment. It is eminent that certain elements should be present before an employee would have reasonable prospects of succeeding with such a claim. Constructive dismissal comes into the equation when an employer behaves in such a manner that eventually and ultimately leads to the employee, being the receiving party, in the employment relationship, to terminate the employment contract. This termination must be the direct result of the conduct of the employer that irreparably frustrated the relationship and made it impossible for the employee to remain in the service of the employer in question. It appears that the courts have taken a firm stance on coerced or forced resignation, in its various forms tantamount to breach of contact, that any sufficiently unreasonable conduct by an employer may justify that the employee to terminate services and lay claim to the fact that he had been constructively dismissed. It needs to be mentioned that the fact that the mere fact that the employer acted in an unreasonable manner would not suffice and it is up to the employee to prove how the conduct of the employer justified the employee to leave and claim that the employer’s conduct resulted in a material or fundamental beach of the employment contract. In dealing with the contingency of the concept of constructive dismissals it has been expressly provided for in numerous systems of labour law. As is seen herein, a constructive dismissal consists in the termination of the employment contract by reason of the employee’s rather than the employer’s own immediate act. The act of the employee is precipitated by earlier conduct on the part of the employer, which conduct may or may not be justified. Various authors and academics endeavoured to defined constructive dismissal and all had the same or at least some of the elements present, to justify constructive dismissal. The most glaring element being the termination of employment as a result of the any conduct that is tantamount to a breach going to the root of the relationship by the employer, that frustrated the relationship between the employer and the employee and rendered it irreparable. The employee resigns or repudiates the employment contract as a result of the employer normally not leaving the employee any other option but to resign. This can also be termed as coerced or forced resignations and are commonly better known as “constructive dismissal”. The employee is deemed to have been dismissed, even though it is the employee who terminated the employment contract. The most important element to mention is the employee terminated the employment contract, ie resigned yet this is regarded as a dismissal, it is however for the employee to first lay a claim at the proper authority and the employee must prove his / her allegation before it can be a constructive dismissal. As will become clear, that the onus of proof is on the employee to show that the termination of employment resulted from the conduct of the employer. Equally true as in all cases of constructive dismissal, including cases of sexual harassment, being a ground for constructive dismissal, the employee must prove that to remain in service would have been unbearable and intolerable. Sexual harassment is one of the most difficult forms of constructive dismissals, in many cases there are no witnesses and the employee either “suffers in silence or opt to place her dignity at stake to prove her case. It seems as though the test is to determine if the employer’s conduct evinced a deliberate and oppressive intention to have the employment terminated and left the employee with only one option that of resignation to protect her interests. Employees have a right to seek statutory relief and needs to be protected. If a coerced or forced resignation had taken place irrespective whether the employee resigned or not. It is against this back drop that constructive dismissals was given legality and are now recognized as one of the four forms of dismissals in terms of the Act.
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Huang, Chu Cheng 1964. "Airline labour law : a study of certain labour law rules in international air transport." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34739.
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This thesis examines problems related to particular labor laws currently applied in international air transport. This analysis is framed within the context of scholarly theory and judicial practice arising from various regimes of labor law governing industrial injury, the individual contract of employment, labor-management relations, and fair treatment in the civil aviation industry.A critical survey of labor regulations operating in the international air transport industry is provided through commentary on the principles formulated by judicial decisions and the theories which underlie their reasoning, helping to clarify both substantive and procedural labor laws affecting international air transport.
A critical analysis of different categories of statutory labor law governing international air transport is also provided to assess the validity of commonly-erected conflict of labor law rules, thereby revealing the inadequacy of the single rule principle in view of the unique and perplexing regulatory interests which are inherent in aviation activity. The divergence between domestic labor statutes and Treaties of Friendship, Commerce and Navigation or bilateral air transport agreements also adds a more subtle aspect to the problems explored.
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Furlet, N. Ya, and Н. Я. Фурлет. "Head of institution of higher education – subject of labor law." Thesis, Yaroslav Mudryi National Law University, 2018. http://openarchive.nure.ua/handle/document/7788.
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Thesis for a degree of Candidate of Science in Law, specialty 12.00.05 «Labor law; social security law». – Yaroslav Mudryi National Law University, Ministry of Education and Science of Ukraine. – Kharkiv, 2018.The dissertation is devoted to the systematic and detailed analysis of the legal essence, content and features of the status of the head of a higher education institution as a subject of labor law, as well as actual problems of practical nature and the search for solutions to them. In the scientific work the legal characterization of the activity of the head of a higher education institution as a form of realization of labor rights for the fulfillment of official duties, as well as a specific kind of labor activity was carried out. Defined the notion and essential features of the labor-legal status of the head of a higher education institution, in particular, the nature of the legal relationships that the composition is established between the head of a higher education institution (as an employee) and the founder of a higher education institution (as an employer). Features of the emergence and termination of labor relations with the head of the higher education institution are highlighted, and the gaps and conflicts in the normative and legal regulation of labor relations with the head of higher education institution are identified. Specific suggestions and recommendations for improving the legal regulation of the status of the head of a higher education institution as a subject of labor law have been formed.
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Grootboom, Linda Henry. "Labour law implications of organisational restructuring." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/303.
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It is beyond debate that each job lost due to restructuring means a lost taxpayer, and hence lost tax revenue, more poverty and increased crime. South Africa and the world at the large have to deal with this problem head – on in view of the acute need to better the lives of people and encourage investment. Technological advancement should be embraced and used to benefit people and stimulate economies, and that is further challenge in its own right. In Chapter 8 of the White Paper on Transformation of the Public Service dated 15 November 1995 (hereinafter, the White Paper), it is said that: “The Government of National Unity has embarked upon a concerted and comprehensive programme of administrative restructuring and rationalisation (my emphasis) with the object of: (a) Creating a unified and integrated service. (b) Creating a leaner and more cost-effective service.” Various strategies are listed in the White Paper, and the fundamental approach advocated is to right size, adjust remuneration structures, retrench and contract – out services.
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Bula, Oleh. "A STUDY OF PUBLIC EMPLOYEE LABOR LAW IN THE UNITED STATES." Doctoral diss., University of Central Florida, 2005. http://digital.library.ucf.edu/cdm/ref/collection/ETD/id/2427.
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This study examined the legal issues of public employee labor relations in the United States. Included in this study is a review of relevant case law as it pertains to collective bargaining in the public sector. In addition to reviewing the case law, this study researched the statutory language of each state for public sector collective bargaining. The study includes a review, analysis, and summary of the state and federal laws for public sector collective bargaining. The collective bargaining process in the United States is designed to resolve disputes between two parties, the employer and the employee. The resolution of these disputes often depends on the relative bargaining power of each party. The private sector has a collective bargaining process that has been well established since the passage of the National Labor Relations Act in 1935 and the Labor-Management Relations Act of 1947. The federal laws that have been implemented in the last fifty years, to include the Civil Rights Act of 1964, the Equal Employment Opportunity Act of 1972, the American with Disabilities Act of 1990, among others, cover the scope of almost all of the private sector collective bargaining (Oberer, 1994). The public sector contains 50 different state laws and several federal laws defining the scope of collective bargaining for public employees. The bargaining process in the public sector takes place in the context of the political arena. This political influence, which is unique in each state and at each level of government, provides additional steps to the bargaining process that further differentiate public sector bargaining from private (Valletta, 1985). This study provides conclusions on certain aspects of public sector collective bargaining that lead to dispute resolution and contract negotiation to include fact-finding procedures, mediation, arbitration, and strike policies, in the current state of the law. Recommendations are made to public officials, policy makers, and other stakeholders for the future of public employee labor relations in the United States.Ed.D.
Department of Educational Research, Technology and Leadership
Education
Educational Leadership
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Myeki, Mfundo. "Dismissal law in the education sector." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1567.
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This treatise will therefore critically discuss fairness requirements in dismissal law within the context of the education sector from: i) the perspective of a dismissed employee; and ii) the perspective of an employer who wishes to dismiss employees fairly; and iii) the perspective of a deemed dismissal. It will be proper to flow this discussion from the premises of what should be considered procedural and substantive fairness in dismissals.
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Salim, Raya Said. "The consequences of unlawful and prohibited contracts of employment in labour law." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1041.
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The purpose of having labour laws in South Africa is to regulate employment contracts and the relationship between the employer and the employee. Once a legally binding contract comes into being the Labour Relations Act of 1995 automatically applies alongside the Basic Conditions of Employment Act and various other labour legislations. Common law rules play a vital role in the formation of an employment contract. For an ordinary contract to have legal effect, four basic requirements need to be met. Briefly, parties to the contract must have reached consensus, parties’ performance of their obligations must be possible, the conclusion and objectives of the contract must be lawful and that both parties to the contract must have the necessary capacity to conclude the contract. Once these requirements have been met one is said to have concluded a valid contract. Nevertheless for the purposes of this study, we focus specifically on the employment contract. Aside from the general common law requirements for a valid contract, for an employment contract to be recognised and protected by labour legislations, it is important to distinguish an employee from an independent contractor since only the former enjoys legal remedies afforded by labour law. Common law contractual rights and duties automatically apply once an employment relationship is established in addition to the rights and duties specified in the contract itself. Common law rules regarding morality plays a major role in our modern day societies, as shall be discussed the workforce has not been left untouched by this important principle. Morality greatly influences a society’s view concerning acceptable and unacceptable behaviour or practices. It goes without saying that a contract should not be contrary to the moral views of the society in which the parties find themselves in. A contract can be complying with all the statutory requirements for a valid employment contract; however it may at the same time be tainted with illegality as the object of performance is considered immoral in the society such as an employment contract to perform prostitution. Conversely, another scenario may involve a party to an employment contract who is a child below the age of 15 years old; the contract is invalid as it contravenes section 43 of the Basic Conditions of Employment Act. Despite clear statutory prohibitions this practice may be perfectly acceptable in the eyes and minds of the society. The purpose of this study is to evaluate prohibited and unlawful contracts of employments, how the law (both common law and statutory law) treats such contracts in the sense that; whether they are protected or not and to what extent these laws have been developed to influence modern attitudes concerning such contracts. One stark example is illustrated through case law where the court had to determine the validity of an employment contract concluded between an employer and an illegal immigrant.
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Filho, Tabajara Medeiros de Rezende. "Do protecionismo do empregado à proteção do trabalhador: desafios da flexicurity." Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/2/2138/tde-13022014-105856/.
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O Direito do Trabalho tradicional, fundamentado no protecionismo do empregado em sentido clássico, está em crise. Dentre os fatores que desencadearam a crise merecem destaque as transformações do mercado de trabalho e do sistema produtivo provocadas pela globalização. Nesse cenário, o universo dos trabalhadores que demandam proteção jurídica é cada vez mais amplo, não podendo o Direito do Trabalho ignorar a existência do trabalho autônomo, dos contratos atípicos flexíveis e de outras formas de labor diversas da relação de emprego. É certo que a maior parte dos trabalhadores de hoje, de alguma forma, presta serviços de modo dependente. A proteção jurídica do trabalho é um direito fundamental de todo o trabalhador na busca pela dignidade da pessoa humana que trabalha em sentido amplo, sendo que a todos deve ser assegurado um núcleo mínimo de direitos trabalhistas. O mercado moderno necessita contar com formas flexíveis de trabalho, capazes de atender a demanda produtiva de forma dinâmica. Por outro lado, a flexibilidade do trabalho não pode ser acompanhada de precarização das condições de vida do trabalhador, que deve contar sempre com um mínimo de segurança. O direito europeu, no estudo da problemática da compatibilização da necessidade de condições flexíveis de trabalho com a segurança do trabalhador desenvolveu a teoria da flexicurity que busca a harmonização justamente de tais conceitos antagônicos. A presente tese apresentará os contornos de um modelo nacional de flexicurity capaz de modernizar o Direito do Trabalho pátrio de modo a expandir seu objeto para o maior número possível de trabalhadores, oferecendo regulamentação legal para formas flexíveis de trabalho que não a relação de emprego clássica, tendo como contrapartida medidas de segurança e empregabilidade para os trabalhadores, a quem será assegurado sempre um núcleo mínimo de direitos trabalhistas e a assistência nos períodos de transição.Traditional Labor Law, based on the protection of the classic employee, is in crisis. Among the factors responsible for the crisis it is worth to single out the labor market and production system transformations caused by the globalization. In this scenario, the universe of workers who are in need of legal protection is becoming wider. Labor Law cannot ignore the existence of self-employment, flexible atypical work contracts and other forms of work distinct of the traditional employment relationship. Currently, most workers, even when self-employed, are dependent on capitalists. Legal protection of all work forms is a fundamental right of every worker. Labor Law is essential for human dignity and a minimum set of core work rights must be ensured in all forms of labor contracts and arrangements. The modern labor market demands flexible forms of work to enable a dynamic supply to the production needs. On the other hand, work flexibility cannot worsen the work conditions. Even in flexible markets, workers need a minimum of safety and security. European Law, concerned with the search for a balance between flexibility and security developed the flexicurity theory that tries to overcome such tensions between these antagonistic perspectives, with labor market flexibility on the one hand and social security on the other hand even if these concepts seems contradictory. This thesis presents a national model of flexicurity able to modernize the country`s Labor Law expanding its applicability to all workers and not only formal employees. The model offers a legal regulation to flexible work forms, with security measures for all workers ensuring a minimum set of fundamental work rights and assistance on the periods between jobs.
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Nkgapele, Mmakgwana Freddy. "Dismissal for operational requerments : comparison between South Africa and English Labor Law." Thesis, University of Limpopo, 2010. http://hdl.handle.net/10386/3023.
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Nash, Bradley Jr. "Labor Law and the State: The Crises of Unions in the 1980s." Diss., Virginia Tech, 2000. http://hdl.handle.net/10919/27339.
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This study broadly assesses the role played by political factors in the widespread union crises that occurred in many Western capitalist democracies during the 1980s. Specifically examined are the effects of state labor law policies on union strike effectiveness in Great Britain and the United States. Three case studies of union strikes in Great Britain reveal that the Thatcher administration's legislative restructuring of industrial relations had a significant impact in exacerbating the crisis of British unions as the 1980s progressed. Three case studies of union strikes in the United States reveal that the Reagan administration's interpretive restructuring of an existing statutory framework played a relatively insignificant role in the crisis of American unions during the 1980s. Overall, because of political and institutional variations across the two countries, the organized labor movements in Great Britain and the United States could be characterized as undergoing qualitatively distinct crises during the 1980s. This finding has implications for broader theoretical arguments regarding an inevitable convergence of union decline across Western capitalist democracies.Ph. D.
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Lapere, Jan Noel Romain. "Occupational medical examinations and labour law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/302.
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South Africa’s Constitution and the Employment Equity Act have a major impact on the performance of medical examinations within the employment relationship. Health and safety statutes list a number of occupational medical examinations, which an employer must perform. Other legislation permits the execution of medical examinations. After listing the different statutory references to occupational medical examinations, this treatise examines under which conditions medical testing is required or permissible. The fairness of employment discrimination based on medical facts, employment conditions, social policy, distribution of employee benefits and inherent job requirement is analysed through a study of the legal texts, experts’ opinions and case studies. The particularities of the ethical and legal duties of the medical professional, performing the occupational medical examination, are also examined. Finally, a comprehensive analysis of the different forms of occupational medical examinations is compiled by combining legal and policy-related job requirements and is attached as an annexure. This is the practical result of the research in this treatise combined with the personal experience of the author.
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Mitchell, Gemma. "Valuing caring relationships within UK labour law." Thesis, University of Birmingham, 2016. http://etheses.bham.ac.uk//id/eprint/6651/.
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This thesis will consider UK labour law’s role in promoting fairness for carers. Building upon Fineman’s work, I will argue that caring relationships are of vital importance to society and should be supported by the state. The principle of justice as fairness, substantiated by the capabilities approach, will underpin this argument. I will focus upon modifying the workplace through care centric labour laws to achieve fairness for carers. Care centric legislation, developed by Busby, focuses upon promoting carers’ rights to work, rather than workers’ rights to care. Much of the analysis will focus upon reconciliation legislation, which aims to support people providing care within the paid workplace. This is because it has been the main way successive UK governments have aimed to help people reconcile these competing commitments. Although this body of legislation has gone some way towards achieving this, I will show that it could have done more. To make labour law care centric, something more radical is required. In this regard, I will analyse a right to care. To conclude, I will highlight the need for more empirical work in this context to further understand how fairness for all carers could be achieved.
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Toledo, Filho Manoel Carlos. "Statute of limitation of labor actions: substance and form issues." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/115778.
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This study aims to place the statute of limitation legal definition in the general context of labor law analyzing its compatibility with fundamental precepts of that specific legislation area: identifying also features, boundaries and deadlines adopted by Ibero-American countries, mainly members of the southern cone.El presente trabajo busca situar la figura jurídica de la prescripción en el contexto general del derecho laboral, en orden a investigar su compatibilidad con los preceptos fundamentales de esa rama específica de la legislación, identificando, además, las características, limitaciones y plazos adoptados a ese respecto por los países iberoamericanos, en especial aquellos integrantes del Cono Sur.
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Marquis, Arthur-David. "In the Name of Homeland Security| A Legal History of Post-9/11 Labor Policy at US Customs." Thesis, State University of New York Empire State College, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10256835.
Full textAbstract:
"MAXhr”, the new Department of Homeland Security (DHS) personnel system authorized as part of the most significant government restructure of the past 50 years by the Homeland Security Act (HSA), fundamentally altered labor relations policies for 170,000 DHS employees. A subsequent National Security Personnel System at the Department of Defense was modeled after MAXhr and expanded similar changes to nearly 700,000 federal civilian employees. Within this context of these systemic changes, the National Treasury Employees Union (NTEU) litigated a decade-long challenge to uphold key provisions of its collectively bargained agreement with the US Customs Service (USCS). Fifteen years after the HSA merged USCS into the new US Customs and Border Protection agency within the DHS, NTEU’s initial legal setbacks have been resolved with precedential victories and pending back pay awards upholding its collective bargaining rights while rolling back the personnel management systems instituted in the name of homeland security.
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Yang, Crystal Siming. "Essays in Law and Economics." Thesis, Harvard University, 2013. http://dissertations.umi.com/gsas.harvard:10834.
Full textAbstract:
This dissertation consists of three papers relating to the field of Law and Economics. The first two papers examine the impact of increased judicial discretion on both racial disparities and inter-judge disparities in the federal criminal justice system. The third paper analyzes the effects of OSHA programs on workplace safety, wages, and employment. The common thread throughout this work is a focus on how legal actors and institutions affect substantive outcomes of individuals.Economics
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Salinas, Ferreira Adi D. "Immigrant Labor in Fish Processing in the Pacific Northwest and British Columbia and Current Undocumented Labor." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/pomona_theses/130.
Full textAbstract:
The beginning of industrialized fish processing plants reveals themes of labor exploitation, racial and gender segregation, and antagonistic legislation that have continued well into the present. Today in the Pacific North West, the majority of workers are Latino and many among them are undocumented or DACAmented. Many aspects of the work conditions in salmon canneries back in the late 1800’s to the mid 1900’s and the work conditions in present day fish processing plants have not changed. Many jobs in a fish processing plant remain gendered, and when there is more than one race working in a single plant racial tensions as well as differences in the owners expectations of labor output by race may arise. The study interviews undocumented workers and documents their experience working in fish processing plants as well as provides historical context.
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Forrest, Anne. "Labour law and union growth : the case of Ontario." Thesis, University of Warwick, 1988. http://wrap.warwick.ac.uk/4386/.
Full textAbstract:
What role the law should play in encouraging the growth of trade unions is a matter of considerable controversy in Canada, the United States, and the United Kingdom. Limits to growth in other sectors of the economy coupled with heightened employer hostility to unionism have made the extension of collective bargaining to the tertiary sector the most pressing task for unions in the 1980s. In a limited way, the Canadian procedure for certifying and recognizing unions is being considered as a model for labour law reform. And there is much to recommend the Canadian system. It is far more efficient than its American counterpart. There are fewer delays, fewer unlawful interventions by employers, and a substantially higher likelihood that newly organized unions will be granted certification. Even so, unions have failed to break into the trade, finance, and services industries that are so critical to their future. Taken as a whole, Canadian labour law tends to block rather than promote the growth of unions in the unorganized sectors of the economy. The certification procedure is only one aspect of a legal regime that has as its primary purpose the preservation of industrial peace, not the encouragement of union growth. By shaping bargaining structure and regulating bargaining tactics, Canadian labour law tilts the balance of power in favour of employers. Small, fragmented unions are frequently pitted against large corporations and as there is nothing to stop anti-union employers from using their overwhelming strength to frustrate the collective bargaining process, efforts to organize the tertiary sector have failed.
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Dmitrukowski, Tomasz. "Polish martial law the crisis of communism." Thesis, Monterey, California : Naval Postgraduate School, 2009. http://edocs.nps.edu/npspubs/scholarly/theses/2009/Dec/09Dec%5FDmitrukowski.pdf.
Full textAbstract:
Thesis (M.A. in Security Studies (Europe, Eurasia))--Naval Postgraduate School, December 2009.Thesis Advisor(s): Abenheim, Donald ; Tsypkin, Mikhail. "December 2009." Description based on title screen as viewed on January 28, 2010. Author(s) subject terms: Poland, martial law, solidarity, strikes. Includes bibliographical references (p. 67-69). Also available in print.
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Judd, Terry W. "Volunteer Labor Supply and Liability of Volunteers." Thesis, Virginia Tech, 1998. http://hdl.handle.net/10919/36591.
Full textAbstract:
This paper examines factors affecting volunteer labor supply with two specific goals: (1) a reassessment of the model and empirical process outlined by Paul Menchik and Burton Weisbrod using a larger data set from a more recent time period; and (2) an exploration of how volunteer labor supply is affected by liability exposure of volunteers, a factor which Menchik and Weisbrod did not address.Data from a nationwide 1992 poll on volunteering conducted by the Gallup Organization and Independent Sector is applied to the quantitative approach which Menchik and Weisbrod used on data from 1977. Tobit regression analysis finds significance in some variables in the Menchik and Weisbrod model -- including variables relating to gender, offspring, education, religiosity, and parental attitudes to giving. Volunteer liability exposure has been a subject of debate in the U.S. Congress and other public policy arenas, and the Volunteer Liability Protection Act became law in 1997. The volunteer liability factor is measured in two ways -- using the variability of certain legal protections for line volunteers among state laws and using per capita tort filings per state as a "litigousness index." The "litigousness index" variable demonstrated value in predicting volunteer labor supply, which suggests that potential volunteers respond to a more generalized rather than activity-specific threat of lawsuits. Individuals' information searches probably do not go as far as to examine legal provisions affecting their specific activities.Master of Arts
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Natalicchio, Marcela. "Beyond the letter of the law : transforming labor institutions and regulations in Argentina." Thesis, Massachusetts Institute of Technology, 2006. http://hdl.handle.net/1721.1/35544.
Full textAbstract:
Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Political Science, 2006.Includes bibliographical references (leaves 260-270).
This dissertation analyzes the factors that lead to the transformation of labor regulations and institutions after the opening of previously closed economies, using the case of Argentina as a "crucial case". In the 1990s, almost every government in the Latin American region attempted to reform its labor code and systems of labor relations. However, despite these attempts at reform, the labor codes and their systems of labor relations appeared resilient to change. The bulk of the literature on the political economy of reforms had concluded that labor unions had managed to stall or derailed these attempts, although unions had been unsuccessful at stopping all other market-oriented reforms. I conceptualized the labor codes and the system of labor relations considering the way they work in practice, including informal arrangements, and I use the notion of "labor regimes". This conceptualization differs from the dominant approach on this issue, which focuses almost exclusively on changes in labor codes approved by Congress. Using this approach, I argue that a system of rigid labor laws and centralized bargaining institutions in a more competitive, pro-business environment tends to get relaxed and more decentralized.
(cont.) However, changes do not necessarily occur through modifications in the overall national legal framework. Changes occur through: 1) layers of regulations that overlap with the old system, and 2) new practices of the main stakeholders on the ground that may create new institutional arrangements. In order to understand the direction and scope of these changes, focusing exclusively on the interests of central unions, business associations and the state at federal level will only render a partial explanation at best. Instead, a more societal and micro political approach is required. I argue that how the balance of power between business and labor at the local level plays out, the extent to which the interests of unions and business align at the local level as opposed to the legislative arena, and the characteristics of the previous institutions of industrial relations play a larger role in explaining why and how changes occur.
by Marcela A. Natalicchio.
Ph.D.
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Ulloa, Millares Daniel Augusto. "The Internal Labor Regulations as a source of Law: importance and jurisprudential vision." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/123709.
Full textAbstract:
The Internal Labor Regulations is a rule law that could be created by the employer. In that sense, its position in the system of sources is residual because it can not contravene the government rules nor the collective agreement content. However, case law has considered it many times to assess the validity of a dismissal or the existence of an employment relationship. This article seeks to review these issues and to assess the validity of the rule that regulates it (Supreme Decree 39-91-TR).El Reglamento Interno de Trabajo es una norma que puede ser creada por el empleador. En ese sentido, su posición en el sistema de fuentes es residual dado que no puede contravenir el contenido de las normas heterónomas, ni tampoco al convenio colectivo. Sin embargo, la jurisprudencia lo ha considerado muchas veces para evaluar la validéz de un despido o la existencia de una relación laboral. El presente artículo busca repasar esos temas, así como evaluar la vigencia de la norma que lo regula (Decreto Supremo 39-91-TR).
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Abader, Mogamad Shahied. "The labour law consequences of a transfer of a business." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/306.
Full textAbstract:
The burden that South African labour law has to bear in relation to the economy is very heavy by international standards. In most industrially developed countries, the economy is strong enough either to provide jobs for most work-seekers or, failing that, an adequate social security system for households without breadwinners in place. In most developing countries with high unemployment rates, the labour law system makes only perfunctory effort to reach out to those facing economic marginalisation. South Africa, essentially a developing country, is not like that. The legal system is strong, works off a firm human rights base, and sets out to grapple with the issues. That is how it should be, but it comes at a price – an oftengraphic exposure of the limits of the law in a stressed society. Businesses operate for profit and survival according to the unsentimental ways of the market, and employees back in a bid to save jobs, lifestyles and livelihoods. The stakeholders use power when they have it, and make claims on the law when they don’t. The legislation and the case law reflect, add to and, to a degree, shape the complexities of these contests, and no more so than in the area of business restructuring.1 The new South Africa has quickly become the destination for foreign investment. The weakness of the rand against the dollar, pound, euro and with the “cost to sell and produce” being so low against these currencies, players on the corporate stage constantly change their make-up and composition. The larger engulfs the smaller, one company buys shares in another, or buys it out entirely, or all or part of its assets, and others are liquidated. In all these situations, employees in South Africa may find themselves with new bosses on the morning after. Under common law employees in this situation were deemed to have been discharged by the former employer, whether or not they have been offered positions in the transformed structure. If they did not want to work under it, they could not be forced to do so. That was because an employment contract was deemed in law to be one of a personal nature that could not be transferred from one employer to another without the employees consent. This research is conducted at an interesting time, when the amendments to the Labour Relations Act 66 of 1995 in respect of the transfer of a business, and in particular section 197, dealing with such matters comes into effect. It is also interesting in the sense that most judgements of the Commission for Conciliation, Mediation and Arbitration (CCMA) and judgements of the Labour Court were moving more or less to a common approach or interpretation of section 197 of the Labour Relations Act 66 of 1995 (hereinafter “the LRA”). Section 197 of the LRA sought to regulate the transfer of a business as a going concern and altered the common law regarding the transfer of a business in two situations – firstly when there is no insolvency, factual or legal, concerned, and secondly in the instance where the transferor is insolvent. The first extreme was when an employer is declared insolvent and the contracts of employment terminated automatically. The second extreme was from the first whereby the employer has to terminate the services of his employees and be liable to pay severance pay in terms of section 1893 of the LRA, which has also been amended along with section 197 of the LRA. It is as if this section was introduced to remedy these extremes. These extremes will be dealt with in detail in this paper. The transfer of goodwill and assets from the seller to the buyer occurs when a business is sold as a going concern. At common law the employees of a business cannot be transferred in the same manner. The Labour Relations Act 66 of 1995 altered this position. By enacting this section the legislature wanted to protect the interest of the employees in such transactions. Whether the legislature has succeeded or not is a matter that will be dealt with in this paper. It is all dependent on the interpretation of this section by the commissioners and judges. By including section 197 in the LRA, the legislature’s intention was to resolve the common law problem where employment contract terminated upon the sale of a business, and this section was intended to be an effective tool for protecting the employment of employees. In order to understand the labour law consequences of the transfer of a business, it is important to understand the provisions of sections 197 and 197A of the Labour Relations Amendment Act 2002. This will be dealt with and each section will be discussed in detail using relevant case law and literature. In considering investing in a South African based company by way of purchasing a share of the company and giving it your own flavour, one has to carefully consider the effects of this transaction. Companies wishing to restructure, outsource, merge or transfer some of its operations will need to understand what the implications of the labour legislation will have on their commercial rationale. Section 197 regulates the employment consequences when a transfer of a business takes place. This is defined to mean the transfer of a business by one employer (the old employer) to another employer (the new employer) as a going concern. Business is defined to include the whole or part of the business, trade undertaking or service. Like the current provision, the new provision referrers to the transfer of a business. It is therefore a wider concept than the sale of a business.4 No attempt is made to define what constitutes a going concern and the controversial issue of whether an outsourcing exercise can constitute a going concern transfer is also not explicitly dealt with. The fact that a business is defined to include a service may be an indication that it was intended to typify outsourcing as a going concern transfer, but this is not necessarily the case.5 The amendments to the Act6 came into effect on 1 August 2002. Sections 197 and 197(A) of the Act consequently seeks to regulate the transfer of a business. These regulations will be dealt with individually and in a format that would make each of the sections in sections 197 and 197(A), easy to understand and interpret. It will also become clear as to what the implications of each of the subsections will have on that commercial rationale. The issues highlighted above will be dealt with detail in this paper giving an overview of the Common Law, the Labour Relations Act 66 of 1995 and the new Labour Relations Amendment Act 2002.
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Mejía, Madrid Renato. "The extent of labor regulation on production descentralization." THĒMIS-Revista de Derecho, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/108318.
Full textAbstract:
Employment decentralization is a newly emerging phenomenon. Nowadays, many companies delegate the work to others through a decentralization of production, thus affecting the traditional view of labor relations. This has been picked up by Labor Law which has regulated labor relations arising from this decentralized production.In this article, and in the light of doctrine and the jurisprudence of the Peruvian Supreme Court, the author develops the concepts of outsourcing and job placement, as well as the requirements to which they are validly given.La descentralización laboral es un fenómenode reciente surgimiento. Hoy en día, muchas empresas delegan el trabajo a terceros mediante la descentralización productiva, afectando así la tradicional visión de las relaciones laborales. Ello ha sido recogido por el Derecho del Trabajo, el cual ha regulado las relaciones laborales que surgen a partir de esta producción descentralizada.En el presente artículo, y a la luz de la doctrina y la jurisprudencia de la Corte Suprema del Perú, el autor desarrolla los conceptos de tercerización e intermediación laboral, así como los requisitos necesarios para que éstos se den válidamente.
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Lee, Kang-Tao, and 李康道. "A Study on The Nature of Labor Law and The Formation of Labor Rights：Also Examine Labor Law of Mainland China and Taiwan." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/43449z.
Full textAbstract:
碩士中國文化大學
法律學系碩士在職專班
105
Labor has been thekey to the subsistence of human being prior to the self-realization. With the change and development in the lifestyle and society, there has been a more complexed division of labor. Meanwhile, the production unity has been gradually enlarged. As a result,the essence and establishment of labor relations has never been more complicated and recurrent than ever. Even though the labor comes hand in hand with the existence of human being, the laborersrarely get the respect or protection to the full extent.During the time when liberty is reserved for the minority, laborers from lower classes have taught themselves to take inany kind of cruelexploitation coming from their employers or owners. Later on, more and more scholars had blended the natural law philosophy into the humanism, and that brought the human rights to the table. People have been awakened to the knowledge and enforcement of the rights, and embodyingit by pulling together eithera fundamental law orthe highest norm. Ever since the industrial revolution, the industrialized capitalism had been rapidly ushered into the whole world as the western countries expanded their influence. However, the farther it goes, more down sides were revealed along the way. The labor problem is one of the most severe ones. Over exaggerating individualization and liberalization were the main causes to that problem, and it resulted in the fact that the resources and wealth have been centralized to the capitalists. In addition to that, the laborers were never the employers’ match and had no choice but to put up with all the exploitation due to the basic survival needs.Needless to say, the imbalance between those who were entitled with power and the equal-rights seekersduring the period of feudalism is the best example. Not only did the labor problems impact the labors’ lives individually, it also brought forth the social securityconcerns as a whole. Therefore, it’s been required to examine and make corrections on the traditional capitalism and classic liberalism. And a revolutionized concept for human rights that is centered around social and economic is now birthed. Law is crucial in holding the orders together in nowadays society. Generally speaking, it’s about carrying out the justice. Yet, here’s the unavoidable question: what is justice? That argument still goes on. In reality, justice seems available only if we may solve the conflicts and reach the goal that having the limited resources distributed fairly and effectively. If that’s the case, how can we embody the justice with the labor law, in which the labor relations are the main focus, especially when the tension in the labor environment is intense and the circumstances change so fast? First, the foundation cannot be only about having the rights that reflect the benefits. Furthermore, it’s necessary to set the limitation and boundary for the rights. The labor rights development nowadays is derived fromhaving justice realized; in another word, to have the social correctionin the distribution system. With that accomplished would encourage the country to go from considering not to violate the people’s rights passively to looking forward to providing promotion and support. Having that done would definitely help to seevarious social welfare and social security measures be aroused. With the greatinfluence ofeconomic liberalism and globalization, the laboring environment and circumstances are relatively not stable in our country. It also reveals the imbalanced relationship between the labor and capital, and the former has always been in the weaker position. In addition, a lot of regulations of the labor law are not enforced properly due to the lack of thorough integration, related supporting policies and measures, or insufficient human resources in execution. In recent years, the economy in Mainland China has grown with a high speed, and there has been a surge in the cross-strait economic activities. How to maintain a fair and harmonious labor relationship has also been an issue widely discussed all over the world. Therefore, it’s necessary to study the fundamental problems on the labors’ rights and regulations, clarifying the legal protection to accommodate the social changes. This thesis is studying on the structure of labor rights, spreading out the justice and the demand of the social realityby analyzing the essence of the labor law and the current legal system. Furthermore, it reveals the meaning and importance of the labor rights to maintaining the peace and order of the common social life. Finally, after evaluation and verification, it concludes with suggestions for the currently-defined labor rights and labor standards under the Constitutions of both Republic of China (Taiwan) and the People’s Republic of China (Mainland China).
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Lu, Chao-Yun, and 呂昭昀. "Transaction Cost of the Labor Union and the Labor Union Law." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/09153904806600977046.
Full textAbstract:
碩士中國文化大學
勞工關係學系
100
The Labor Union Law was promulgated and enacted via amendment and approval in association with the Collective Bargaining Agreement Act and the Settlement of Labor Disputes Law on the first of May 2011. Despite the arguments, the researcher identified the focus of the paper be the development of the labor unions due to the national dependence on foreign trade of Taiwan that urges the Labor Union Law to meet the international standards. The paper realized the problems confronting the development of the domestic labor unions via the perspective of the transaction cost and understood the impacts of the legal strategies prescribed by the Labor Union Law on said problems via the AHP for the answer to the question: the impacts of the Labor Union Law on the development of the labor unions. According to the findings, the answer is the employment of adequate legal strategies in terms of the current circumstances. For instance, it is essential to enhance the autonomy of a labor union and the alliance across unions for the establishment thereof or advanced operating efficiency and the advanced political influence and promoted alliance with related interest groups, respectively. As for the bargains with the employers, the strategic multiplicity is the best. In addiction, the findings show that the advanced status of a labor union during bargains with the employer facilitates the development thereof; therefore, the labors and the employer shall focus on the autonomous bargains between the both. Accordingly, a labor union shall be inclined to bargain with the employer and the state shall encourage respective unions to dedicate and devote to group bargains in the future. Also, the transaction cost of a labor union can be reduced the most by the strategic multiplicity and the enhanced autonomy thereof. Thus, it is suggested the state entitle labors to select the adequate organizational patterns in compliance with the demands freely without excessive central limitation and enact the autonomy of a labor union for better development thereof.
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LIN, YOU-TSUNG, and 林佑聰. "Study on Develpoment of Taiwan Labor Standard Law and Comparison between Taiwan and Japan Labor Laws." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/2mcq67.
Full textAbstract:
碩士國立虎尾科技大學
工業管理系工業工程與管理碩士班
107
This study will attempt to find out the reasons from the revision history of the labor standard law, refer to relevant papers, journals, news and use Japanese labor law for comparative analysis. The purpose is to confirm whether Taiwan's labor standard law is lagging behind other countries and speculate on the possible direction of future revision of the labor standard law. In the historical research, it was found that the Taiwan labor standard law and the basic salary have obvious stagnation periods in the two time periods. During these two periods of study, we can find that when the labor standard law is stagnant, the industrial structure is also unstable or slow. This represents a closely related connection between the labor standard law and the industrial structure. The second point is to compare Japan's labor law with the industrial structure. It can be found that Taiwan's labor standard law has followed up and even surpassed Japan, but the industrial structure lags behind Japan. This represents Taiwan's labor standard law presents a deformed pattern. The current industrial structure has already supported the current labor standard law as the limit. If the new response plan cannot be found in the future, Taiwan's economy will be difficult to progress.
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Hong, Shi-Yuan, and 洪士淵. "Living Law, State Law and Labor-Management Relations in Taiwan." Thesis, 2002. http://ndltd.ncl.edu.tw/handle/67882245534556254529.
Full text
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Nguyen, Tu Phuong. "Workplace (in)justice, law and labour resistance in Vietnam." Phd thesis, 2017. http://hdl.handle.net/1885/124878.
Full textAbstract:
The limitations of the Labour Code and its implementation in
Vietnam have been identified by scholars as the main reasons for
the phenomenon of wildcat strikes since the country’s economic
opening in the early 1990s. Yet there has been little analysis
concerning how workers themselves perceive the Labour Code and
other aspects of labour law, and how labour law matters in
workers’ resistance to workplace injustice. This thesis aims to
fill this gap, addressing the question ‘How does labour law
shape labour resistance in Vietnam?’
Adopting a socio-legal approach, the thesis understands labour
law as a combination of three things: (1) the labour law regime,
which includes legal institutions and processes set out in the
Labour Code and other measures to enhance its implementation; (2)
the language used in the Code and the values and understandings
embedded in it; and (3) the practices through which the Code and
associated state policies and regulations are implemented (or not
implemented) by officials, factory managers, and others. The
thesis develops an understanding of labour law from workers’
perspectives. It examines the extent to which workers’ values
and ideas about justice are shaped by and conform with, on the
one hand, the language of the labour law regime and the values
embedded in that language, and on the other hand, experiences and
discourse that differ from those language and values.
Based on seven months of qualitative fieldwork conducted in 2014
and 2015 and an investigation of factory strikes and workers’
complaint letters in Đồng Nai Province, an industrial hub in
the south of Vietnam, the thesis argues that labour law is only
one factor shaping workers’ articulation of what is fair and
unfair and generating their resistance to injustice. The way
workers turn (or do not turn) to labour law depends on their
perceptions of the relationship between law and the morality of
workplace behaviour. These perceptions, in turn, are constructed
through their experiences on the shop floor and with legal
institutions and processes, and are shaped also by socialist
ideology and longstanding cultural norms.
Most workers use legal language to amplify their moral
judgements, underpinned by the norm of subsistence, reciprocity,
and respectful treatment. A smaller group of workers deploy legal
language to condemn illegal practices and call for a proper
implementation of law. However, they also combine their legal
claims with moral ones. These moral claims are shaped by both
values underpinning certain articles of the Labour Code,
longstanding cultural norms, and the socialist value of equality.
The relationship between law and morality becomes fluid when they
complement and intertwine with each other in workers’ appeals.
This thesis makes an original contribution to the study of law
and resistance in post-socialist regimes by suggesting that the
relationship between law and morality is complex and mutually
reinforcing. It sheds light on the different values underpinning
workers’ experiences of (un)fairness, understandings of their
rights, and claims for justice.
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WU, HUNG-YI, and 吳虹儀. "A Study on Labor Contract Law in China." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/d8j6v3.
Full textAbstract:
碩士東吳大學
法律學系
106
Workers are creators of social wealth and drivers of social development. In a panel discussion with deputies to the National People's Congress from Guangdong province on March 7th, 2018, Chinese President Xi Jinping stated that “development is the most imperative mission, talent is the most vital resource and innovation is the most momentous driver.” This remark is evident of his strong belief in the significance of talent in the development of a nation. After China opened up for reform in 1978, it enjoyed significant economic prosperity at an accelerated pace and became the world’s most coveted market due to its large domestic market with high demands. However, the good times ended when the Labor Contact Law was introduced in 2008. Global companies exited the market one after another. Some suspect that this might bear some relevance to the implementation of the Labor Contact Law. A number of situations were observed. For instance, labor prices rose, costing China its greatest lure for many foreign investors. Workers began voicing their opinions and were not as compliant and tolerant as before, creating additional operational risks for businesses. Moreover, tax benefits were cancelled and the tax rate for foreign companies grew from 15% to 25%, causing many non-local businesses to terminate their operations in China. Furthermore, the number of labor-management disputes surged, creating a large amount of additional cost for companies. The escalating labor-management disputes in China and the fleeing of a large number of foreign investors from the country motivated this study to investigate why the Labor Contract Law caused the above situations and whether or not the Labor Contract Law is applicable to the current Chinese society. This study offers in-depth exploration into the common disputes concerning the Labor Contract Law and into more specific research. This study concludes that the evolution of the Labor Contract Law should fulfill labor-management interest balance while bringing flexibility to the requirements on labor-management relations to adapt to the globalized economy. It is important to protect workers considering their disadvantaged status in labor-management relations and it is equally vital to allow businesses moderate employment flexibility to achieve harmony and stability in labor-management relations.
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Chang, Bin Ling, and 張碧玲. "The Effect of Pension System of Labor Standard Law in Labor Turnover and Payment." Thesis, 1995. http://ndltd.ncl.edu.tw/handle/30436339488831924703.
Full text
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Tsai, Chung-Jui, and 蔡忠瑞. "A Study on the Labor Contract under the Labor Standard Law in the ROC." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/27958251997354132556.
Full textAbstract:
碩士國立臺灣海洋大學
海洋法律研究所
97
Abstract Recently, as the society structure has been largely changed, it became more complex. The more the employees increase, the more employees’ problems happen. As a result, the labor law is not suitable for the current situation and also it is too difficult to be executed. Employee relationship has been developed and the society environment changed. As the employee consciousness universally get higher, the employee contract is regarded as more important. Because the employee contract is the core of the employee relationship, all of employee relationship is built in employee contract. The argument between the employee and employer happens about the contract contents. This thesis introduces the labor law related to employee contract, and examines the argument caused practically between the employee and employer. And I hope that I could find out the root cause, and study how to protect the employee right, decrease the argument between employee and employer, and demonstrate the function of the employee contract, being based on the different company style, the different employee identity and condition, and the sense of core value which respects the life. The summary of this thesis is as the below: Chapter 1 is the brief introduction, which describe the study motive and objective, study scope and method, and study structure. Chapter 2 introduced the basic concept, which describes the existence objective of the employee contract, and the related law in our country. Chapter 3 introduces the original regulation for employee contract related to the labor standard law in our country. The labor standard law analyzes the regulation related to the employee contract, including the meaning, kinds, duration, termination, and employer obligation, of the employee contract. Chapter 4 discuss the difference between the core pledge of the international employee organization and the labor law in the several countries, analyze the pledge of the international employee organization and the law related to the employee contract in the several countries near Taiwan, and discuss the part valued in the law related to the employee contract in our country. Chapter 5 describes the practical case for employee contract related to the labor standard law in our country. Examining the situation in concluding the contract and understanding the related problems, by the view of the argument caused in the practical employee contract. Chapter 6 shows a conclusion, which summarize each chapter and suggest some proposals, hoping that this study will be able to help the labor law in relation to the employment contract in our country. Key words：Labor、Labor contract、Labor Standard Law
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Chen, Wei-Chi, and 陳蔚棋. "The influence of the China Labor Contract Law on the management of labor cost." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/12695792039277071973.
Full textAbstract:
碩士國立高雄第一科技大學
運籌管理系企業管理碩士班
102
In 1995, China commenced its Labor Law, but operated without following the Labor Law。Initiated on January 1, 2008, the China Labor Contract Law was implemented to readress those unlawful labor conducts, to truly execute the Labor Law, establish labor standard, and issue labor protection requirement，to enact the social justice, and to establish a harmonious labor relation. In 2014, 42,000 Chinese workers of the Taiwanese company Pou Chen Group went on strike, the biggest one ever in Dong Guang City in Southern Part of China. The incident indicated that problems did exist. In order to establish a labor cost reference under the China Labor Contract Law, also in order to avoid the misconception that certain corporate spending is counted as net margin, this research categorizies the averaged human resource costs into accountable legal labor costs and non-accountable illegal labor costs. The accountable legal labor costs are derived and collected from the top three investment regions of the Taiwanese companies in China, which are Jiangsu Province, Guangdong Province and Shanghai City. The study finds out that hiring one regular worker will result in the monthly increase of the averaged accountable legal cost, and the increase ratio is between 41% to 107%. If a company hires a worker who signed the confidentialiy agreement, the monthly increase ratio of the cost within the one year period before this worker leave the company will amount to 91% to 157%. And finally, if a company hires a worker who signed the exclusion clause agreement, the monthly increase ratio of the cost withint the one year period before this worker leave the company will amount to 81% to 240%.
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CHEN, JO-LAN, and 陳若蘭. "Labor Union Operation under the Labor Union Law － Case Studies of Taoyuan Company Unions." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/ad583w.
Full textAbstract:
碩士中原大學
企業管理研究所
107
In the past, Taiwan’s trade union have been constrained by government policy so that it can’t give full play to organizational ability. However, since 2011,Our country start to implement the Labor law(Trade Union Law, Collective Agreement Law, The Settlement of Labor Disputes Law).After, Taiwan labor began to be called 「Collective Labor Relations」. The three rights of labor is mean Controversy, Negotiate and Freedom Association .But the Freedom Association right is more important .Because it’s means labor can through the legitimate organization to accumulate members defend their labor rights together and make a balance with employers. This study manly explores what the problems between union operation? Using qualitative interview method to discuss viewpoint from organizer and union operation. This study found that the main duties of trade union cadres are to defend labor rights, improve the workplace environment, improve the legal knowledge of labor, strive for membership benefits, and become a communication. The influence of the trade union law on the operation of trade unions is the differentiation of trade union forces, the difficulty of recruiting members of enterprise trade unions, the retention or addition of members, the strengthening of persuading members to join trade unions, the formation of trade unions, the opportunities for interaction with employers, and the unions. There are 7 items such as negotiation rights. From the research, it is found that the trade union cadres think that they have insufficient understanding of the labor law, and suggest that their labor education should be strengthened in the future.
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CHENG, KUO-LIANG, and 鄭國良. "Employers and Labor Relations Works Leave Provisious of The Labor Standars Law-Research Provisions of The Labor Statutory Holidays." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/2qctv3.
Full textAbstract:
碩士銘傳大學
犯罪防治學系兩岸與犯罪防治碩士在職專班
106
The Labor Standards Law from December 21, 2016 presidential order on a meaning of the word Order No. 10500157731 23, 24, 30-1, 34, 36 to 39, 74, 79 starts provision to March 1,2018 the formal implementation example of a complete break system. In the whole process of repairing the law, whether the changes in labor and working hours, overtime pay and statutory leave affect the labor-management relationship. This study finds that the economic environment, business habits and labor needs are not fully con-sidered before the practice, and the cost of the enterprise is reduced, but the risk of labor overwork is increased. According to this survey and study between March 2008 to March 2018, the national judicial practice case shows resource to employers not to give special labor law annual leave, holidays and holidays not break as the most serious. The reason for the violation of rights and interests of labor lies in the weak concept of corporate law-abiding, the lack of intensity of labor inspection and the low amount of fines. The chaos of the practice and implementation process of the Labor Standards Law is a phenomenon of "non-normative theory" by Frenchsociologist E. Durkheim .Therefore, this paper suggests that the revision of the labor law should fully listen to the opinions of all parties, conduct public opinion surveys, collect sufficient information and practice the law after detailed discussion and debate. After the amendment, the law should also be fully publicized, and sufficient manpower should be prepared, and the number of active labor inspections should be increased and the amount of fines for inertial offenders should be increased to a minimum of 1 million yuan to fully safeguard legal dignity and protect law-abiding and legitimate operations. Business and labor rights. Moreover, since the entire Labor Standards Law has strengthened the negotiation function of the la-bor-management conference, as long as both employers and employees are fully law-abiding and comply with the law to fulfill their rights and obligations, the la-bor-management relationship will be complete and harmonious.
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HSIN-CHIEH, HSU, and 許欣傑. "The Research of Labor Contract Law In Mainland China: Focusing on Adjusting of Labor Relations." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/26671647409461750187.
Full textAbstract:
碩士中國文化大學
中國大陸研究所
97
Under the market economy system, that the labor transforms into the commodity has made the labor relations have the new changes, and the administrative subordination relations before China’s reform and opening up have been substituted by the new labor relations, however, the "Labor Law" has been implemented for many years, the new type of labor relations can not be solved yet ,in this situation ,how to solve this problem? Chinese mainland takes the law as one of the ways to adjust the labor relations, that is, whether can carry on the labor legislation through legal means, to adjust labor relations, resolve the present status of the labor dispute, and obtain the reasonable mediation? This article will take "Labor Contract Law" on the adjustment of labor relations as the core issue, to explore the core value of this law and what it will go into ,by all previous draft comparison, all antagonism, all law comparison ,and methods of the law analysis. For the adjustment of labor relations, whether it can achieve the balanced point between the rights and obligations of both employers and employees in the legislative norms, and bring the harmony and the improvement for Mainland China's current conflict labor problems. In other words, this article will take "Labor Contract Law" as a phenomenon, to explain the "Labor Contract Law" through the adjustment of labor relations legislation In order to reach this purpose, this article sets the following propositions to be analyzed and discussed. 1st, after China’s reform and opening up, the labor law transformation and its influence on the labor contract system evolvement and on making "Labor Contract Law ". 2nd, explore the legislative adjustment of labor relations under all previous draft in "Labor Contract Law" and all antagonism. 3rd, explore the "Labor Contract Law" on how to carry out the legislative adjustment of labor relations. 4th, compare with the differences between the "Labor Law" and "Labor Contract Law", and conclude the revision for the labor relations.
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Fung-Yu, Chen, and 陳逢源. "Legal studies of personel transfer based on Labor Law." Thesis, 1998. http://ndltd.ncl.edu.tw/handle/98474805258778075692.
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Tseng, Wan-Chun, and 曾畹鈞. "The Study of Whistleblower Protection of Taiwan labor law." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/01785728746758768107.
Full textAbstract:
碩士國立中正大學
勞工關係學系暨研究所
103
This study aims to explore the gap between the real situation and the regulated situation of protection laws for inner whistleblowers in Taiwan. Comparing with the international development trend and legal systems in foreign countries (such as the USA, the UK, and Japan), we can take advice from them to help our defects. Comparing with the third party of organization outsiders, inner whistleblowers being in organizations or in working environments can understand in-depth more easily improper or illegal facts and behaviors in organizations. Therefore, they are more instantaneous and trustworthy for the proof of abuses and prevention of damages than the government, prosecutors and judiciary institutions. If relevant laws can be regulated to provide a well-planned inner whistleblowing mechanism and offer secure protection and assist to inner whistleblowers to create a safe atmosphere, maybe inner whistleblowers are willing to disclose in public the unknown secrets of scandals. In 1998, the first law of protection for inner whistleblowers in the world, the Public Interest Disclosure Act, applicable to all organizations, including the governmental and the non-governmental ones, was regulated in the UK. In 2002, another law of protection for inner whistleblowers, the Sarbanes-Oxley Act, focusing on specific fields for inner whistleblower protection due to the thoughts of over-anit- regulation and liberalism adoration, was made in the USA. Based on the UK’s Public Interest Disclosure Act, the Whistleblower Protection Act, was passed in Japan in 2004 and implemented on April 1st, 2006. That public welfare problems of governmental corruption, food hygiene, and environmental conservation happen constantly in Taiwan arises the discussion about the issue of revision of relevant whistleblower protection laws. This prompted the government to establish the relevant legal system. Fifty-four legislators including Shou-chung Ting proposed the Public Welfare Whistleblower Protection Draft and the Whistleblower Protection Encouragement Policy Draft in 2014. And also, the Agency of Corruption proposed the Organization Inner Whistleblower Protection Draft. This study analyzes the drafts mentioned above and the relevant legal systems in foreign countries and finds that the whistleblower protection in Taiwan now still sticks on the choice of the single regulation adoption and is restricted to the establishment of formulated whistleblowing mechanism. This shows that the protection of working rights is deficient.
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Lee, Cheng-Lien, and 李正廉. "Study and analysis of the China’s Labor Contract Law." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/3p2sre.
Full textAbstract:
碩士國立臺北科技大學
管理學院EMBA華南專班
106
Labor Contract Law was formally implemented on Jan. 1, 2008. The purpose of this law is to protect the rights and interests of workers. The law and its system are briefly introduced below. When the labor contract expires, each of the company and workers can terminate the labor contract. The company must pay severance payment to workers, if the company decided to terminate the contract. If a worker has worked continuously in a company for ten years or he has signed a fixed-term contract twice continuously, the worker may request to sign a permanent labor contract. Unless there is a statutory cause, the company has no right to terminate the labor contract. If the company decides to terminate the labor contract without cause, the company is liable for termination payment. When establishing, modifying or finalizing work rules for major matters related to the significant interests of the workers, the company shall negotiate with labor unions or staff representatives on an equal basis. The company shall adopt the management mode of full contract, and improve the contents of the contract between employer and employees according to the labor contract law. And to protect the labor remuneration, social insurance, work hours, leaves, working conditions and other rights and interests in accordance with law. For the employees’ social insurance matters, the company should pay insurance premium immediately for the qualified employees. For the unqualified employees, company should give one time payment or proper arrangement. Labor contract law makes labor dispatch legal with rules. Through the services of labor dispatching, The Company can reduce human resources cost, at the same time to maintain the flexibility of hiring employees. For the provision of equal pay and equal welfare benefits between the labor and the dispatching labors increased the labor cost of the company
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BAMIEH, Omar. "Essays in empirical labor economics." Doctoral thesis, 2017. http://hdl.handle.net/1814/48645.
Full textAbstract:
Defence date: 24 Oct 2017Examining Board: Prof. Andrea Ichino, EUI, Supervisor, Prof. Andrea Mattozzi, EUI, Prof. Samuel Bentolila, CEMFI, Prof. Francis Kramarz, CREST and ENSAE
In the first chapter of my thesis I study the effect of firing costs and labor reallocation. Exogenous variation of expected firing costs is offered by the random allocation of judges to trials involving firms in a large Italian court. Judges may be slow or fast and therefore firms experience randomly assigned shorter or longer trial lengths in an institutional context in which longer trials imply higher employment protection. I find that a 1% increase in expected firing costs induced by the past experience of a longer trial reduces the hazard of hiring or firing by 0.4% after the end of the trial. In the second chapter of my thesis I use administrative data from one large Italian court I quantify the extent to which lawyers can be held accountable for the slowness of Italian courts. Borrowing the methodology used in the analysis of employers-employees linked data, I estimate the contribution of unobservable time-invariant plaintiff and defendant lawyers' characteristics in explaining the variability of trials' length. I find that 27% of the variance in trials length is explained by unobservable time-invariant lawyers' characteristics. In the third chapter I study how tournaments may motivate workers to provide effort, yet differences in relative abilities may undermine the incentives of workers to exert effort. I use a novel data set from professional football competitions and find that differences in relative abilities are associated with lower effort exerted by players. In this empirical setting, effort and relative abilities are measured as, respectively, the distance covered on the pitch by football players and relative winning probabilities, the latter derived from betting odds of professional bookmakers. I find that larger differences in betting odds of opposing teams lead to less distance covered on the pitch.
-- Firing costs, employment and misallocation : evidence from randomly-assigned judges -- Are lawyers responsible for trial delays? -- The adverse incentive effects of heterogeneity in tournaments-empirical evidence from the German Bundesliga
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cyuan, Tsai huei, and 蔡惠全. "The Research on the Role of the State, Labor Relation and Mass unemployment Labors’ Protection Law." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/17004106478987677178.
Full textAbstract:
碩士樹德科技大學
經營管理研究所
93
Abstract Economy is depressing during the recent years, the management environment worsening caused the employer to use the relative salary cost inexpensive foreign laborers to substitute native laborers, perhaps transfer to mainland, therefore the malignancy went out of business, become more increasing. Recently, the enterprise’s manpower demand trend elasticity employment, such employment pattern influences tremendously and initiates more disputes between both sides. In recent years, the labor dispute seems unceasingly performed, first because the employer ignored the labor laws, in addition the labors gradually understood their rights. Especially, there are many labors’ disputes occur due to the enterprise reduces labors, without fully communicate with labors, and to obtain the bilateral forgiveness and the mutual recognition. In order to strengthen the employment relations, the state played positive role and passed "Mass Unemployment Labors Protection Law", its main spirit is: Safeguards the labors’ work right and well distributed employers’ management right, avoid unemployment to ham the labors’ privilege and hold society stable. The enterprise has previous notification and the consultation duty, to regulate the principle and procedure to safeguard the labors’ information right. The establishment of notification and consultation systems between both sides can prevent the employer malapropos shut-down and safeguard the laborer rights and interests. This article has four purposes: 1.Understand that the background of employment relations, it various of roles acted are satisfied. 2.Understand that the agreement of background recognize on mass unemployment labors’ protection law. 3.Understand the correlation between the state and Mass unemployment Labors’ Protection Law. 4.Understand whether the state has positive influence in mass unemployment labors’ protection law or not. In addition, through the questionnaire, compare the option of human administrator (the staff ) and the union staff, the state of role, mass unemployment labors’ protection law. This result of study shows, human staff and union staff have apparently different about satisfaction which the state of role acts, among them regards country as promoters the role's cognitive difference presents the greater differences. Secondly, considering sex and education degree, human staff and union staff are consent degree that the mass unemployment labors’ protection law of purpose has apparently difference between employment relations in the state. Considering sex, there are apparently difference for consent degree which deals with the mechanism and auxiliary mechanism. Considering education degree, have apparently difference with labor safety & health and auxiliary mechanism. Finally, the roles of state between employment relations have influence, mass unemployment labors’ protection law execution strength of mechanism. But the option of human staff and union staff both regard all government units of counties and cities must cooperate each other, therefore can work effectively. The research offers suggestions to government, enterprises and labors. Key Words: the Role of the State, Labor Relation, Mass unemployment Labors’ Protection Law.