Relevant bibliographies by topics / Notice of termination of employment

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Notice of termination of employment'

Author: Grafiati
Published: 4 June 2021
Last updated: 2 February 2022

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Notice of termination of employment.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Journal articles on the topic "Notice of termination of employment"

1

Mäkeläinen, Emma-Lotta, Sofia Toivonen, and Tiina Räsänen. "Proper, Weighty and Extremely Weighty Cause to End an Employment Contract in Finland." Udayana Journal of Law and Culture 2, no. 1 (May 25, 2018): 1. http://dx.doi.org/10.24843/ujlc.2018.v02.i01.p01.

Full text
Abstract:
Employment relationship can be ended in many ways and under different circumstances. This article discusses the rules in Finland regarding the termination of employment contract. It analyses in outline what can be considered as a proper and weighty reason or an extremely weighty reason to end an employment contract. The Finnish Employment Contracts Act demands that there must always be a proper and weighty reason to end the employment contract. If the employer wants to end the employment contract summarily without notice, there must even be an extremely weighty reason to do that. Even though the employment legislation stipulates that there must be a legal ground to end the employment contract, the legislation does not contain any list of the acceptable grounds of termination or cancellation of the employment contract. In the legal practice and legal literature, it has been argued that the proper and weighty reason may be for example the neglect of the work obligations, competing activity and violating of the business secrets, use of intoxicants, criminal activity and inappropriate behaviour and in some cases even illness. However, the grounds for the termination or cancellation of the employment contract cannot be precisely defined because every termination and cancellation of the employment contract is unique.
APA, Harvard, Vancouver, ISO, and other styles
2

Robinson, Marc. "Job Insecurity in the New Model of Public Employment." Economic and Labour Relations Review 7, no. 2 (December 1996): 262–84. http://dx.doi.org/10.1177/103530469600700207.

Full text
Abstract:
Since the late eighties, a new model of public sector employment has swept a number of the States in Australia, initially at the senior executive level and now increasingly at non-executive level. This model of ‘contract’ employment is one in which employees may be terminated at short notice, for no reason, and with very limited termination compensation. This paper analyses the consequences of this new model and, specifically, of dramatically increased exposure to the risk of arbitrary termination or termination flowing from the impact of an ‘exogenous’ financial or policy shock upon Government. It also reflects on the prospects for the construction of a new ‘implicit contract’ which might mitigate the adverse consequences of the new model by facilitating the re-establishment of trust in the public sector employment relationship.
APA, Harvard, Vancouver, ISO, and other styles
3

Kasassbeh, Firas Y. "Compliance with Philosophy of Exemption from Notification at Termination of Contract: Study in Light of Jordanian Labour Law." Arab Law Quarterly 26, no. 1 (2012): 1–45. http://dx.doi.org/10.1163/157302512x612140.

Full text
Abstract:
Abstract Under the Jordanian Labour Code 1996, it is not permissible for an employer to terminate a contract without giving the employee at least 1-month notice before the date of termination, because sudden dismissal would catch the worker unaware. However, there are cases in which an employer is exempted from giving prior notice, due to either the nature of the contract (e.g., definite-period contracts or employment under probation) or the nature of termination (e.g., due to the employee’s conduct resulting in a major error or due to technical or economic justifications such as redundancy). This study is devoted to examining all such cases in order to bring to light to what extent such cases truly reflect the philosophy behind exemption from notice.
APA, Harvard, Vancouver, ISO, and other styles
4

Trinh, Hang Thi. "Some Some issues on the employee’s right to unilaterally terminate the employment contract under the 2019 Labor Code." Science & Technology Development Journal - Economics - Law and Management 5, no. 3 (June 29, 2021): first. http://dx.doi.org/10.32508/stdjelm.v5i3.768.

Full text
Abstract:
Article 35 of the Vietnamese Constitution 2013 stipulates that "Citizens have the right to work, choose a career and workplace." This is one of the basic rights of citizens and is concretized by an array of different regulations to regulate the labor relations between employees and employers. Of the regulations, provisions on the employee's right to unilaterally terminate the employment contract are emphasized. Within the scope of this article, the author points out a number of issues which are associated with the employee's rights to unilaterally terminate the employment contract stipulated in the Labor Code 2019, specifically the provisions in Section 3, Chapter III. In order to clarify and deepen the issues, the author uses the comparison method between the provisions of the Labor Code 2019 and the provision of the Labor Code 2012, reviewing and analyzing the issues of grounds and procedures for exercising the right to unilaterally terminate the employment contract of the employee; rights and obligations of employees when unilaterally terminating the employment contract legally; rights and obligations of employees when unilaterally terminating the employment contract illegally. In particular, the issues of grounds for the termination of the employment contract, a notice period before the unilateral termination of the employment contract, severance allowances and unemployment benefits are analyzed thoroughly to highlight the positive points as well as the gaps that currently exist and affect employees and employers. Finally, the author gives a number of recommendations to improve the legal regulations, creating balance and stability in labor relations as well as sustainable development for the economy and society.
APA, Harvard, Vancouver, ISO, and other styles
5

Bagdanskis, Tomas. "The Termination of an Employment Contract Initiated by the Employer’s Will." Teisė 118 (March 2, 2021): 32–46. http://dx.doi.org/10.15388/teise.2021.118.3.

Full text
Abstract:
This article systematically analyses new Labour code rules (regulation from July 2017) and the judicial practice of Lithuania relating to the termination of an employment contract initiated by the employer by employer’s will (Labour Code of the Republic of Lithuania, Article 59). It is important to separate this new background of termination from an ordinary one – the termination of an employment contract by the absence of an employee’s fault (Article 57 of Labour code) – and reveal the theoretical and practical aspects and the conclusions in disclosing the true norm meaning. Employers will be able to terminate an employment agreement without the employees’ fault due to the following reasons (Article 57 of Labour code): employee’s work function is no longer required; employee fails to reach the agreed results of work; employee does not agree to change the terms of their employment agreement, place of work, or working regime; employee does not agree to continue employment after business transfer or a part thereof; employer ceases its activities. New rules, indicated in Article 59 of the Labour code (Termination based on employer’s will), says that if an employer intends to terminate an employment agreement due to other reasons, not listed in Article 57 of Labour code, the employee may be served with a 3 business days’ prior written notice and paid a severance pay of at least 6 average monthly salaries.
APA, Harvard, Vancouver, ISO, and other styles
6

Maniewska, Eliza. "Sankcje z tytułu naruszenia przez pracownika wymagań formalnych przy dokonywaniu wypowiedzenia lub rozwiązania umowy o pracę." Praca i Zabezpieczenie Społeczne 2020, no. 7 (July 20, 2020): 46–47. http://dx.doi.org/10.33226/0032-6186.2020.7.8.

Full text
APA, Harvard, Vancouver, ISO, and other styles
7

ANDRUSZKIEWICZ, Iwetta. "Zrównanie wieku emerytalnego w Polsce a kwestie równouprawnienia kobiet i mężczyzn na rynku pracy." Przegląd Politologiczny, no. 2 (November 2, 2018): 189–96. http://dx.doi.org/10.14746/pp.2011.16.2.18.

Full text
Abstract:
The paper presents the solutions applying to retirement in Poland that combine two systems: the capitalization system and repartition. Trying to answer the question of whether different retirement ages for men and women is discriminatory, the author refers to the adjudi- cation of the Supreme Court and public opinion. The paper also indicates that the practice of giving notice of employment termination to women with permanent employment contracts only because they have acquired the right to retirement benefit violates the Constitution of Poland.
APA, Harvard, Vancouver, ISO, and other styles
8

Reine, Agnese. "Darba līguma uzteikums darbiniekam – arodbiedrības biedram." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 1, no. 7 (2017): 96–103. http://dx.doi.org/10.25143/socr.07.2017.1.96-103.

Full text
Abstract:
Interesanta pieeja ir jaunajai tiesību zinātņu speciālistei A. Reinei par darba līguma uzteikumu darbiniekam – arodbiedrības biedram. Būtisks ir jautājums par arodbiedrību kompetenci un tiesībām. An interesting approach is described by A. Reine, a young specialist in legal sciences, speaking about the notice of termination of the employment contract of a trade union member. An essential issue is concerning the trade union’s competences and rights.
APA, Harvard, Vancouver, ISO, and other styles
9

Więckowska, Wioleta, and Marek Jasion. "Serious Violation of Workers’ Rights in a Situation when Employees Refrain from Work due to Employer’s Failure to Provide Safe and Hygienic Working Conditions." ASEJ Scientific Journal of Bielsko-Biala School of Finance and Law 23, no. 1 (April 30, 2019): 48–53. http://dx.doi.org/10.5604/01.3001.0013.2652.

Full text
Abstract:
The paper examines a situation in which an employee is entitled to terminate the contract of employment without prior notice. The case under examination occurs when the employer commits a serious violation of workers’ rights by failing to provide safe and hygienic working conditions. The paper also presents topic related controversies that have arisen in the doctrine and judicature and tries to establish at which point one may speak of a breach of fundamental labour rights and on the basis of which regulations the employer may be held liable. The authors also try to determine whether certain situations could constitute a basis for termination of the employment contract by the employee, at the same time giving rise to the right to claim damages from the employer. Other issues touched upon in the paper include the absence of a catalogue of infringements in the Polish Labour Code and the way of assessing the weight of various infringements.
APA, Harvard, Vancouver, ISO, and other styles
10

Skąpski, Michał. "Znaczenie przesłanki „ciężkiego naruszenia podstawowych obowiązków” w rozwiązaniu stosunku pracy bez wypowiedzenia przez pracownika i pracodawcę." Studia Iuridica 78 (May 29, 2019): 402–13. http://dx.doi.org/10.5604/01.3001.0013.2322.

Full text
Abstract:
The article deals with the problem of understanding of the notion of “serious breach of basic obligations” which is a premise of termination of labour contract without notice both for employer and employee. Because the the regulation is based on the same notion, in jurisprudence it is understood unanimously in most cases. The article contradicts this point of view and arguments, that the same notion “serious breach of basic obligations” should be interpreted in different ways for employer and employee. The reason is first of all the different meaning of guilt in breach of contract for employer and employee. While employee’s breach of contract must be faulted, in case of employer his guilt is not necessary. It means, that the employee is entitled to terminate the employment contract also in cases of non-culpable breach of contract by employer.
APA, Harvard, Vancouver, ISO, and other styles
More sources

Dissertations / Theses on the topic "Notice of termination of employment"

1

Holoubková, Aneta. "Rozvazování pracovních poměrů." Master's thesis, Vysoká škola ekonomická v Praze, 2011. http://www.nusl.cz/ntk/nusl-150146.

Full text
Abstract:
The final thesis deals with the theme of termination of employment contracts from the perspective of the law and the practice of the company. The aim of thesis is to introduce the reader to the issue of employment termination, to show the changes of Act No. 262/2006 Coll. Labour Code that became effective on January 1, 2012 with amendment No. 365/2011 Coll. in the theme of this thesis and to identify practices of employment termination in the monitored company. The methods used are observation, comparison, analysis and synthesis. In the theme of termination of employment contracts, the focus is given to termination by the employee, employer or by mutual agreement and also to invalid employment termination. However, the reader is in the first chapters familiarized with employment relations and subjects of these relations as well. A separate part of the thesis is concerned on the practice of company doing business in the banking sector, in this part are described practices of this company in terminating employment relationships and the impact of the amendment to the Labour Code on the monitored company.
APA, Harvard, Vancouver, ISO, and other styles
2

Šilinskaitė, Jurga. "Išbandymas sudarant darbo sutartį : jo reguliavimo Lietuvoje ir ES valstybėse - narėse lyginamoji analizė." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20060316_133748-25430.

Full text
Abstract:
By means of comparative analysis the features of regulation of probationary period in a contract of employment in the law of Lithuania and the members of the EU are revealed. The problem of evaluation of the results of probationary period as well as the right to dispute the dismissal due to the negative outcome of probationary period are considered. The author also discusses some law cases of the Supreme Court of Lithuania to reveal the problems, related to probation clause.
APA, Harvard, Vancouver, ISO, and other styles
3

Stoltz, Danielle Ivy. "The validity of automatic termination clauses in employment contracts." Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/53192.

Full text
Abstract:
This study aims to establish the validity of the automatic termination of an employment contract. The automatic termination of an employment contract means that the contract is terminated ex lege and not by an act of the employer. Such termination will therefore not qualify as a dismissal for purposes of section 186 of the LRA. The result is that these employees will not be able to challenge the fairness of such termination based on the unfair dismissal provisions in the LRA. It may be argued that such automatic terminations offer employers the opportunity to effectively circumvent their obligations under the LRA with regards to the fairness of dismissals. Automatic termination provisions are often used by employers as a mechanism to this. The Constitution of the RSA provides that everyone has the right to fair labour practices .1 This constitutionally guaranteed right is given effect to in the LRA2 which provides employees with the right not to be unfairly dismissed.3 By depriving employees of their protection against unfair dismissal, it may be argued that their fundamental rights to fair labour practices are infringed. This study aims to investigate the topic of automatic termination of employment contracts by analysing the provisions of, inter alia, the LRA and the Constitution of the RSA in order to determine the extent of protection afforded to employees against exploitation in circumstances such as these and will consider various findings of courts that may shed light on the matter. The effect of the recent amendments to the LRA in this regard will also be considered.
Mini Dissertation (LLM)--University of Pretoria, 2015.
Jurisprudence
LLM
Unrestricted
APA, Harvard, Vancouver, ISO, and other styles
4

Rieger, Marius Henry Arnold. "Fairness of termination of employment due to old age." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/31635.

Full text
Abstract:
This dissertation serves as a legal analysis of a crucial labour issue, namely old age and retirement, which inevitably affects, or at least concerns, all employees, this dissertation will concentrate on the legal analysis of the principles which currently regulate the fairness of any termination of employment due to an employee reaching a certain age. The subject is deemed to be both relevant and actual, due to the relatively new amendment to one the Social Assistance Amendment Act, Act number 6 of 2008, whereby the retirement age of men has periodically been lowered from 65 to 60. The introduction to the last mentioned Act states to purpose of the Amendment Act, namely: “To amend the Social Assistance Act, 2004, so as to regulate afresh the eligibility of men for an older person's grant”. This inevitably had an impact on employers’ policies, relevant contractual clauses and the operational aspects of many businesses. Our society needs to protect the norms of fairness in not only the dismissal of employees, but also with regard to pre-employment interviews, advertisements, requirements set by labour brokers, etcetera. Any such similar study will inevitably lead to the question of what the most severe sanction could be when it is ruled that a dismissal is automatically unfair. The issue of retirement is a constitutionally enshrined and protected right and The Labour Relations Act honours this right by also providing “double the protection” against discrimination merely due to old age. This dissertation will concentrate on the latter part of the scale of unfairness, namely automatically unfair dismissals, which inevitably leads to a study of that fine line or balance between unfairness of a dismissal, which is not based on any arbitrary discriminatory ground as opposed to those dismissals which are. Firstly, the starting point is the pre-requisites / requirements for dismissal. Secondly distinction in labour law between “unfair dismissal” and “automatically unfair dismissal” is focused on. This entails a look at the meanings as set out in Sections 186 (1) and Section 187, especially Section 187 (1) (f). Thirdly a study of the Employment Equity Act’s prohibition of unfair discrimination as set out in Chapter II, Sections 5 to 11 will provide more clarity on the reason why not only the Labour Relations Act deals with or should deal with discrimination. Fourthly, the Social Assistance Amendment Act’s amendment of retirement age for males and the impact on the labour market in the RSA will be examined Thereafter, a brief comparison of certain countries’ legislation, practice and procedure on unfair discrimination due to old age, will be set out. It is the author of this dissertation’s objectives to:.
    (i) attempt to bring the impact of the Social Assistance Amendment Act, Act number 6 of 2008, to the attention of South African employers, employees and the State; (ii) highlight the need for employer’s to tread carefully when dealing with aspects which may easily be deemed to be automatically unfair; (iii) clarify the murky waters between fair dismissals and automatically unfair dismissals; (iv) present the cases “walking the tightrope” to provide more clarity and insight into the reasoning of Commissioners and Judges; (v) elaborate on the compulsory referral of automatically unfair dismissals to the Labour Court; (vi) Analyse the relevant Constitutional clauses and consequences of contravention thereof; (vii) Point out all relevant aspects of the Prevention of Unfair Discrimination Act, Act number 4 of 2000; (viii) Shine a spotlight on the expanding realm of Social Security and the impacts thereof on this topic of discussion and ‘visa versa’; (ix) Attempt to provide answers to the self-posed question of whether or not the gap between unfair and automatically unfair dismissals should be broadened or narrowed, and; (x) take a brief, critical look into the cost effectiveness and accessibility of employees to our tribunals and Courts to satisfy employees that their rights are indeed easily enforceable.

Dissertation (LLM)--University of Pretoria, 2012.
Mercantile Law
unrestricted
APA, Harvard, Vancouver, ISO, and other styles
5

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

Full text
Abstract:
Section 23 of the Constitution provides that everyone has a right to fair labour practice. The constitutional right to fair labour practices includes the right not to be unfairly dismissed and is given effect to by section 185 of the LRA. The constitutional right not to be unfairly dismissed is given effect to by Chapter VIII of the Labour Relations Act 66 of 1995 (the LRA), which provides a remedy for an unfair dismissal. Schedule 8 of the LRA contains a “Code of Good Practice: Dismissal”, which the Commission for Conciliation, Mediation and Arbitration (the CCMA) and the Labour Courts must take into account when determining the fairness of a dismissal. The LRA expressly recognises three grounds for termination of the employment contract namely; misconduct on the part of the employee, incapacity due to an employee’s poor work performance, ill health or injury and termination due an employer’s operational requirements. In terms of the LRA, a dismissal must be procedurally and substantively fair. The requirements for procedural and substantive fairness are contained in Schedule 8 of the Code of Good Practice: Dismissal. The provisions of section 185 of the LRA apply to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency, the South African Secret Service and the South African National Academy of Intelligence. Section 213 of the LRA defines an “employee” as any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration and any person who in any manner assists in carrying out or conducting the business of an employer. Section 200A of the LRA sets out the presumption as to who is an employee. This is a guideline to assist in determining who is an employee. The Basic Conditions of Employment Act 75 of 1997 (the BCEA) sets minimum terms and conditions of employment including the notice of termination of employment. Under the common law an employment contract of employment can be terminated on either the expiration of the agreed period of employment or on completion of the specified task in cases of fixed-term contracts. Also, in terms of general contract principles an employment contract may be terminated by notice duly given by either party or by summary termination in the event of a material breach on the part of either party. The death of either party may terminate the employment contract. However, the death of an employer will not necessarily lead to the contract’s termination. An employment contract may also terminate by operation of law or effluxion of time namely retirement and coming into being of fixed-term contracts, by mutual agreement, employee resigning, due to insolvency of the employer and due to supervening impossibility of performance. In the circumstances indicated above, the termination of the contract of employment does not constitute dismissal. This means that the CCMA and the Labour Court do not have jurisdiction to determine should the employee allege that his or her dismissal was unfair. It has been argued that the instances where a termination of a contract of employment is terminated, but there is no dismissal should be scrutinised to avoid a situation where employees are deprived of protection afforded by the fundamental right not to be unfairly dismissed. There have been some instances where employment contracts contain clauses that provide for automatic termination of employment contracts. It has been held by the courts in various decisions that such clauses are against public policy and thus invalid. The Labour Court stated that a contractual device that renders the termination of a contract something other than a dismissal is exactly the exploitation the LRA prohibits. There are various court decisions providing guidelines of circumstances in which termination of employment may be regarded as not constituting dismissal. The main focus of the treatise is to discuss these instances and critically analyse the approach taken by forums like the CCMA, bargaining councils and the Labour Court in dealing with such instances.
APA, Harvard, Vancouver, ISO, and other styles
6

Sipuka, Sibongile. "Termination of the contract of employment not constituting dismissal." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1021152.

Full text
Abstract:
Section 23 of the Constitution provides that everyone has a right to fair labour practice. The constitutional right to fair labour practices includes the right not to be unfairly dismissed and is given effect to by section 185 of the LRA. The constitutional right not to be unfairly dismissed is given effect to by Chapter VIII of the Labour Relations Act 66 of 1995 (the LRA), which provides a remedy for an unfair dismissal. Schedule 8 of the LRA contains a “Code of Good Practice: Dismissal”, which the Commission for Conciliation, Mediation and Arbitration (the CCMA) and the Labour Courts must take into account when determining the fairness of a dismissal. The LRA expressly recognises three grounds for termination of the employment contract namely; misconduct on the part of the employee, incapacity due to an employee’s poor work performance, ill health or injury and termination due an employer’s operational requirements. In terms of the LRA, a dismissal must be procedurally and substantively fair. The requirements for procedural and substantive fairness are contained in Schedule 8 of the Code of Good Practice: Dismissal. The provisions of section 185 of the LRA apply to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency, the South African Secret Service and the South African National Academy of Intelligence. Section 213 of the LRA defines an “employee” as any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration and any person who in any manner assists in carrying out or conducting the business of an employer. Section 200A of the LRA sets out the presumption as to who is an employee. This is a guideline to assist in determining who is an employee The Basic Conditions of Employment Act 75 of 1997 (the BCEA) sets minimum terms and conditions of employment including the notice of termination of employment. Under the common law an employment contract of employment can be terminated on either the expiration of the agreed period of employment or on completion of the specified task in cases of fixed-term contracts. Also, in terms of general contract principles an employment contract may be terminated by notice duly given by either party or by summary termination in the event of a material breach on the part of either party. The death of either party may terminate the employment contract. However, the death of an employer will not necessarily lead to the contract’s termination. An employment contract may also terminate by operation of law or effluxion of time namely retirement and coming into being of fixed-term contracts, by mutual agreement, employee resigning, due to insolvency of the employer and due to supervening impossibility of performance. In the circumstances indicated above, the termination of the contract of employment does not constitute dismissal. This means that the CCMA and the Labour Court do not have jurisdiction to determine should the employee allege that his or her dismissal was unfair. It has been argued that the instances where a termination of a contract of employment is terminated, but there is no dismissal should be scrutinised to avoid a situation where employees are deprived of protection afforded by the fundamental right not to be unfairly dismissed. There have been some instances where employment contracts contain clauses that provide for automatic termination of employment contracts. It has been held by the courts in various decisions that such clauses are against public policy and thus invalid. The Labour Court stated that a contractual device that renders the termination of a contract something other than a dismissal is exactly the exploitation the LRA prohibits There are various court decisions providing guidelines of circumstances in which termination of employment may be regarded as not constituting dismissal. The main focus of the treatise is to discuss these instances and critically analyse the approach taken by forums like the CCMA, bargaining councils and the Labour Court in dealing with such instances
APA, Harvard, Vancouver, ISO, and other styles
7

Tonkin, Liechen. "The validity of automatic termination clauses in employment contracts / by L. Tonkin." Thesis, North-West University, 2012. http://hdl.handle.net/10394/9846.

Full text
Abstract:
This study aims to establish the validity of automatic termination clauses in employment contracts. An automatic termination clause in an employment contract is a mechanism that has the effect that the expiry of an employment contract cannot constitute a dismissal. In terms of the common law a fixed term contract of employment is terminated automatically as soon as the agreed terms have been reached and it therefore does not constitute a dismissal. The common law therefore created a gap for the exploitation of employees in that the employer can keep the employee on a series of fixed term contracts, which is not in line with the aims of the LRA to create job security. Section 186(1) of the LRA defines a dismissal as an employer who terminated an employment contract with or without notice and an employee who reasonably expected the employer to renew a fixed term contract of employment on equal or comparable terms, and the employer renewed the contract on less favourable terms, or did not renew the contract at all. In terms of section 185 of the LRA every employee has the right not to be unfairly dismissed. Section 23 of the Constitution affords everyone the fundamental right to fair labour practices. The question that arises in respect of these matters is whether automatic termination clauses fall foul of the Constitution and the LRA and whether they are invalid in terms of the LRA and Constitution. In Mahlamu v CCMA and Others the validity of the automatic termination in an employment contract was challenged. The court noted that when an employee signs a contract with an automatic termination clause, the employee waives his right not to be unfairly dismissed in terms of the Constitution and the LRA. The court found that the rights conferred on the employee in terms of the LRA and Constitution are a matter of public interest and cannot be waived by the individual. Employment contracts with automatic termination clauses fall foul of the LRA and the Constitution, are against public policy and thus invalid. The Labour Court stated that a contractual device that renders the termination of a contract something other than a dismissal is exactly the exploitation the LRA prohibits This study aims to establish the validity of different automatic termination clauses in employment contracts, to discuss the interpretation of the LRA and the Constitution regarding automatic termination clauses and to establish to what extent employees are protected against exploitation with regards to employment security in terms of the above-mentioned provisions in employment contracts. The investigation sought to establish whether employees can ‘contract out’ their right not to be unfairly dismissed, and whether these provisions fall within the ambit of the LRA, and more specifically the Constitution. The constitutionality of the current effect of the LRA on employment contracts with automatic termination clauses will be scrutinised. In conclusion the study will discuss the proposed amendments to the LRA and the possible effects should these amendments be enacted. The Amendment Bill, if enacted, will prove the contract of employment with the automatic termination clause to be invalid where the employer cannot justify the reason for the temporary employment. The Amendment Bill will furthermore provide for the extensive protection of the rights of the temporary and fixed-term employees. It is clear that the automatic termination clause in an employment contract which is not based on operational reasons falls foul of the Constitution and LRA.
Thesis (LLM (Labour Law))--North-West University, Potchefstroom Campus, 2013.
APA, Harvard, Vancouver, ISO, and other styles
8

Huizinga, Nathan. "Association between occupational injury and early termination of employment among manufacturing workers." Thesis, University of Iowa, 2018. https://ir.uiowa.edu/etd/6143.

Full text
Abstract:
Employee turnover is a complex problem with many intertwining contributors. In general newly hired employees at an organization have a higher risk of injury. However, few studies have explored occupational injury as a predictor of employment duration. In this study we hypothesized that employees who sustained an injury during the early stages of employment were prone to higher turnover rates. All employees hired from 2012-2016 were identified using a large Midwestern manufacturing facilities human resources database (n=3765). Corresponding occupational injury information from the same time period was extracted from the onsite occupational health center. Employment duration was the dependent variable which was dichotomized as (i) working < 60 days or (ii) working ≥60 days. The 60-day threshold was based on the employer’s internal estimation of the duration of employment required to recover training costs. The primary independent variable was a first-time visit to the occupational health center within the first 60 days of employment, categorized as (i) no visit, (ii) a visit within 1-20 days, or (iii) a visit within 21-60 days. A secondary independent variable incorporated the nature of injury, classified as repetitive strain, acute sprain/strain, or other occupational injury types. Covariates included demographics (e.g., age, gender, and race/ethnicity), shift placement (e.g. first, second, third), and nature of assigned job (e.g., assembly, fabrication, maintenance). Incidence rates of first-time visits were calculated (i) across the full study period and (ii) for a reduced period that included only the first 60 days of employment. Logistic regression was used to estimate adjusted associations between the primary/secondary independent variables and the dependent variable. Of the 3765 employees, 1184 (31.5%) worked less than 60 days. About two-thirds were male, about half were white/Caucasian, and the overall mean age was 33.8±10.8 years. Between 2012 and 2016, 1105 first-time visits to the occupational health center were recorded for all new hires with an overall incidence rate (IR) of 47/100 person-years (PY). The IR for repetitive strain was 18/100PY. Of the 1105 first-time visits, 408 occurred within the first 60 days of employment with an overall IR of 85/100PY and an IR for repetitive strain of 36/100PY. Employees who visited the occupational health center in the first 20 days of employment were more likely to terminate prior to the 60-day threshold (adjusted odds ratio: 1.7; 95% confidence interval: 1.3-2.4). Elevated associations were seen for all nature of injury categories which occurred within 20 days when compared to non-injured employees. Overall, the results suggest that experiencing an occupational injury (in particular, a repetitive strain injury) within the first 20 days of employment is associated with termination before 60 days. Our results may not be generalizable to all manufacturing enterprises, and we do not make a distinction between voluntary and involuntary termination. However, the results indicate that employers should examine policies and practices to minimize the burden of injury among new employees and reduce turnover. In the case of the study facility, an extended or modified work hardening program could maximize new employees’ adaptation to the physical demands of manufacturing work.
APA, Harvard, Vancouver, ISO, and other styles
9

Hlekani, Mphakamisi Witness. "Termination of the employment contract due to ill-health in the public education sector." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020969.

Full text
Abstract:
The subject of the present treatise concerns termination of employment contracts that are effected as a result of an employee’s incapacity on the grounds of ill-health or injury. Every employee has the right not to be dismissed unfairly. The Labour Relations Act, 1995 recognises three grounds on which termination of employment might be legitimate. These include the conduct of the employee, the capacity of the employee and the operational requirements of the employer’s business. However, fundamental to any contract of employment is the obligation that rests on an employee not to be absent from work without justification. The Incapacity Code and Procedure in respect of Ill-health or Injury applicable to Educators is contained in Schedule 1 to the Employment of Educators Act, 1998. In addition there are collective agreements which are the products of collective bargaining that are also applicable to all categories of employees employed in the public education sector. Notably, PSCBC Resolution 7 of 2000 forms part of the subject of our discussion. The Department of Education determined the use of independent Health-risk Managers to provide advice on the management of incapacity leave and ill-health retirement, thereby ensuring objective and impartial evaluation which are largely acceptable to employees and their labour representatives. This is the Policy and Procedure on Incapacity Leave and Ill-Health Retirement in the Public Service. The appointed Health-risk Managers make recommendations to the Head of Department who thereafter implement the recommendations and deal with issues of a case to absolute finality. More importantly, the Policy and Procedure for incapacity leave and ill-health retirement in the Public Service is issued in terms of legislation, that is, section 3(3) of the Public Service Act, 1994 and therefore is not a collective agreement. Under the circumstances, it is not always easy to determine a real dispute and an issue in dispute. Because of this uncertainty arbitrators often found that bargaining councils have no jurisdiction to entertain these disputes, while on the other hand some arbitrators opined that bargaining councils do have jurisdiction In this treatise the general principles of the employment contract, the legislative framework applicable in the public education sector in determining an application for temporary incapacity leave and ill-health retirement and procedural and substantive issues in the termination of employment contract due to ill-health are considered and explained. The legal questions around the issue of discretion exercised by the Head of Department in granting or declining applications for ill-health are also examined. The primary aim of the treatise is to provide a clear exposition of the rather complicated law relating to incapacity due to ill-health and injury in public education.
APA, Harvard, Vancouver, ISO, and other styles
10

Flick, David L. "A personal-issue support group ministry for persons experiencing forced termination from employment in Dewey and Bartlesville, Oklahoma." Theological Research Exchange Network (TREN), 1995. http://www.tren.com.

Full text
APA, Harvard, Vancouver, ISO, and other styles
More sources

Books on the topic "Notice of termination of employment"

1

Castagnera, James. Termination of employment. 2nd ed. [St. Paul, Minn.]: Thomson/West, 2002.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
2

Donaghey, Tim. Termination of employment. Chatswood, N.S.W: LexisNexis Butterworths Australian, 2006.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
3

Chagnon, Richard J. Termination of employment. New York: Warren, Gorham & Lamont, 1995.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
4

Upex, R. V. Termination of employment. 2nd ed. London: Sweet & Maxwell, 1986.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
5

John, Bowers. Termination of employment. London: Longman, 1988.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
6

Carol, Davis, ed. Termination of employment. 5th ed. London: Wildy, Simmonds and Hill, 2010.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
7

Upex, Robert. Termination of employment. 2nd ed. London: Sweet & Maxwell, 1986.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
8

Donaghey, Tim. Termination of employment. 2nd ed. [Chatswood, N.S.W.]: LexisNexis Butterworths, 2013.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
9

Aminuddin, Maimunah. Employment relations, discipline & termination of employment. Kelana Jaya, Selangor Darul Ehsan: Malayan Law Journal Sdn. Bhd., 2006.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
10

Kerr, Tony. Termination of employment statutes. 3rd ed. Dublin: Round Hall, 2006.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
More sources

Book chapters on the topic "Notice of termination of employment"

1

Sargeant, Malcolm, and David Lewis. "Termination of employment." In Employment Law, 88–150. 9th edition. | Milton Park, Abingdon, Oxon ; New York, NY :: Routledge, 2020. http://dx.doi.org/10.4324/9780429259241-5.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Magotsch, Michael, and Pascal R. Kremp. "Termination of Employment." In Key Aspects of German Employment and Labour Law, 135–55. Berlin, Heidelberg: Springer Berlin Heidelberg, 2010. http://dx.doi.org/10.1007/978-3-642-00678-4_15.

Full text
APA, Harvard, Vancouver, ISO, and other styles
3

Honeyball, Simon. "Termination of Employment." In Great Debates in Employment Law, 112–38. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-48163-4_5.

Full text
APA, Harvard, Vancouver, ISO, and other styles
4

Lockton, Deborah J. "Termination at Common Law." In Employment Law, 205–22. London: Macmillan Education UK, 2014. http://dx.doi.org/10.1007/978-1-137-08551-1_8.

Full text
APA, Harvard, Vancouver, ISO, and other styles
5

Lockton, Deborah J. "Termination at Common Law." In Employment Law, 151–66. London: Macmillan Education UK, 1999. http://dx.doi.org/10.1007/978-1-349-15002-1_8.

Full text
APA, Harvard, Vancouver, ISO, and other styles
6

Andrews, Neil. "Frustration and Termination by Notice." In Arbitration and Contract Law, 273–78. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-27144-6_16.

Full text
APA, Harvard, Vancouver, ISO, and other styles
7

Strolka, Marion. "Terminating Employment Relationships – Employment Termination Law." In Deutsches Arbeitsrecht für ausländische Investoren | German Labour Law for Foreign Investors, 223–38. Wiesbaden: Springer Fachmedien Wiesbaden, 2019. http://dx.doi.org/10.1007/978-3-658-17107-0_18.

Full text
APA, Harvard, Vancouver, ISO, and other styles
8

Freedman, Philip, and Eric F. Shapiro. "Notice Procedures for Termination of Tenancies." In Commercial Lease Renewals, 31–51. London: Macmillan Education UK, 1994. http://dx.doi.org/10.1007/978-1-349-13335-2_4.

Full text
APA, Harvard, Vancouver, ISO, and other styles
9

Charles, Barrow, and Lyon Ann. "Termination of the contract of employment." In Modern Employment Law, 69–88. Abingdon, Oxon; New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781315713861-4.

Full text
APA, Harvard, Vancouver, ISO, and other styles
10

Kelly, David, Ruby Hammer, Janice Denoncourt, and John Hendy. "Individual employment rights (3): termination." In Business Law, 529–63. Fourth edition. | Milton Park, Abingdon, Oxon; New York, NY : Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9780429297694-23.

Full text
APA, Harvard, Vancouver, ISO, and other styles

Conference papers on the topic "Notice of termination of employment"

1

Lisha Liu and Xutao Wang. "Notice of Retraction: Study on vocational graduate employment measures." In 2010 International Conference on Optics, Photonics and Energy Engineering (OPEE 2010). IEEE, 2010. http://dx.doi.org/10.1109/opee.2010.5508084.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Zhichun Yue, Xiaorui Zhang, and Yi Cheng. "Notice of Retraction: Game analysis on constructing enterprise harmonious employment relationship." In 2009 2nd International Conference on Power Electronics and Intelligent Transportation System (PEITS 2009). IEEE, 2009. http://dx.doi.org/10.1109/peits.2009.5406819.

Full text
APA, Harvard, Vancouver, ISO, and other styles
3

Yushi, Jin. "Notice of Retraction: Research on informal employment of women in China." In 2011 6th International Conference on Product Innovation Management (ICPIM 2011). IEEE, 2011. http://dx.doi.org/10.1109/icpim.2011.5983689.

Full text
APA, Harvard, Vancouver, ISO, and other styles
4

Thalib, Prawitra, Herman, Sri Winarsi, Faizal Kurniawan, and Wahyu Aliansa. "Company Policy on Termination of Employment at Pandemic Covid-19 From a Fair and Justice Perspective." In The 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201209.359.

Full text
APA, Harvard, Vancouver, ISO, and other styles
5

Lie Pan, Haiyan Wu, and Xun Wang. "Notice of Retraction: Research on employment of college students oriented information dissemination." In 2010 2nd International Conference on Education Technology and Computer (ICETC 2010). IEEE, 2010. http://dx.doi.org/10.1109/icetc.2010.5529325.

Full text
APA, Harvard, Vancouver, ISO, and other styles
6

Fan, Ding. "Notice of Retraction: Research on employment alarming system construction of college graduates." In 2011 International Conference on E-Business and E-Government (ICEE). IEEE, 2011. http://dx.doi.org/10.1109/icebeg.2011.5887151.

Full text
APA, Harvard, Vancouver, ISO, and other styles
7

Feihe, Cai, and Chen Diping. "Notice of Retraction: The support from government on the "employment" for SMEs." In 2011 International Conference on E-Business and E-Government (ICEE). IEEE, 2011. http://dx.doi.org/10.1109/icebeg.2011.5882267.

Full text
APA, Harvard, Vancouver, ISO, and other styles
8

Liu Jian, Zhang Qiuhong, and Wuhongqing. "Notice of Retraction: Analysis of employment difficulties for college students and measures." In 2010 2nd Conference on Environmental Science and Information Application Technology (ESIAT 2010). IEEE, 2010. http://dx.doi.org/10.1109/esiat.2010.5568964.

Full text
APA, Harvard, Vancouver, ISO, and other styles
9

Hui-li Wang, Si-feng Qin, Rong-bing Jiang, and Zhe Pan. "Notice of Retraction: Integration of graduation design and employment in civil engineering." In 2010 International Conference on Optics, Photonics and Energy Engineering (OPEE 2010). IEEE, 2010. http://dx.doi.org/10.1109/opee.2010.5508040.

Full text
APA, Harvard, Vancouver, ISO, and other styles
10

Xu Aiqun, Sun Jiang, Qian Suxiang, and Zhang Xindi. "Notice of Retraction: Educating the employment competition ability of undergraduate in graduation design." In 2010 International Conference on Educational and Information Technology (ICEIT 2010). IEEE, 2010. http://dx.doi.org/10.1109/iceit.2010.5608341.

Full text
APA, Harvard, Vancouver, ISO, and other styles

Reports on the topic "Notice of termination of employment"

1

Brunckhorst, K. Submission of Notice of Termination of Coverage Under the National Pollutant Discharge Elimination System General Permit No. CAS000002 for WDID No. 201C349114, Lawrence Livermore National Laboratory Ignition Facility Construction Project. Office of Scientific and Technical Information (OSTI), April 2009. http://dx.doi.org/10.2172/952427.

Full text
APA, Harvard, Vancouver, ISO, and other styles
You might also be interested in the extended bibliographies on the topic 'Notice of termination of employment' for particular source types:
Journal articles Dissertations / Theses Books
We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!

To the bibliography