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1
Holoubková, Aneta. "Rozvazování pracovních poměrů." Master's thesis, Vysoká škola ekonomická v Praze, 2011. http://www.nusl.cz/ntk/nusl-150146.
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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.
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.
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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.
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 textAbstract:
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
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.
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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
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.
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Section 23 of the Constitution provides that everyone has a right to fair labour practice. The constitutional right to fair labour practices includes the right not to be unfairly dismissed and is given effect to by section 185 of the LRA. The constitutional right not to be unfairly dismissed is given effect to by Chapter VIII of the Labour Relations Act 66 of 1995 (the LRA), which provides a remedy for an unfair dismissal. Schedule 8 of the LRA contains a “Code of Good Practice: Dismissal”, which the Commission for Conciliation, Mediation and Arbitration (the CCMA) and the Labour Courts must take into account when determining the fairness of a dismissal. The LRA expressly recognises three grounds for termination of the employment contract namely; misconduct on the part of the employee, incapacity due to an employee’s poor work performance, ill health or injury and termination due an employer’s operational requirements. In terms of the LRA, a dismissal must be procedurally and substantively fair. The requirements for procedural and substantive fairness are contained in Schedule 8 of the Code of Good Practice: Dismissal. The provisions of section 185 of the LRA apply to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency, the South African Secret Service and the South African National Academy of Intelligence. Section 213 of the LRA defines an “employee” as any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration and any person who in any manner assists in carrying out or conducting the business of an employer. Section 200A of the LRA sets out the presumption as to who is an employee. This is a guideline to assist in determining who is an employee. The Basic Conditions of Employment Act 75 of 1997 (the BCEA) sets minimum terms and conditions of employment including the notice of termination of employment. Under the common law an employment contract of employment can be terminated on either the expiration of the agreed period of employment or on completion of the specified task in cases of fixed-term contracts. Also, in terms of general contract principles an employment contract may be terminated by notice duly given by either party or by summary termination in the event of a material breach on the part of either party. The death of either party may terminate the employment contract. However, the death of an employer will not necessarily lead to the contract’s termination. An employment contract may also terminate by operation of law or effluxion of time namely retirement and coming into being of fixed-term contracts, by mutual agreement, employee resigning, due to insolvency of the employer and due to supervening impossibility of performance. In the circumstances indicated above, the termination of the contract of employment does not constitute dismissal. This means that the CCMA and the Labour Court do not have jurisdiction to determine should the employee allege that his or her dismissal was unfair. It has been argued that the instances where a termination of a contract of employment is terminated, but there is no dismissal should be scrutinised to avoid a situation where employees are deprived of protection afforded by the fundamental right not to be unfairly dismissed. There have been some instances where employment contracts contain clauses that provide for automatic termination of employment contracts. It has been held by the courts in various decisions that such clauses are against public policy and thus invalid. The Labour Court stated that a contractual device that renders the termination of a contract something other than a dismissal is exactly the exploitation the LRA prohibits. There are various court decisions providing guidelines of circumstances in which termination of employment may be regarded as not constituting dismissal. The main focus of the treatise is to discuss these instances and critically analyse the approach taken by forums like the CCMA, bargaining councils and the Labour Court in dealing with such instances.
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 textAbstract:
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
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.
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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.
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.
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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.
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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.
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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.
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.
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Plašil, Jakub. "Rozvázání pracovního poměru ze strany zaměstnavatele." Master's thesis, Vysoká škola ekonomická v Praze, 2014. http://www.nusl.cz/ntk/nusl-201956.
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My dissertation´s topic is termination of employment from employer´s side. It includes determination of possibilities and recommendations how to properly terminate employment with employer without any legal consequences in practice. The basic terms in relation to given topic such as employment, importance of employment contract, its requirements and participants of labor-law relations are defined and described in first part of dissertation. Next part deals with termination of employment methods and compares mutual differences. It also takes reasons leading to termination of employment by employer into account. Practical part of dissertation is aimed at the issue of termination of employment by employer in chosen company. The process evaluation of this termination is performed both from general and company´s point of view in dissertation´s next part. Assessment and evaluation of legal reasons for termination of employment is present in the last part, in which the actual problems of dismissing employees are solved with help of real court decisions.
12
Mpati, Lungisa. "Termination of employment contract by operation of law in the education sector: the constitutionality and validity of the deeming provisions." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/1600.
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Fundamental to any contract of employment is the obligation that rests on an employee not to be absent from work without justification. Under the common law, if an employee did that, the employer would be entitled to dismiss him or her on notice. The International Labour Organization Convention (ILO) 158 of 1982 provides that the employer must have a reason for a dismissal and sets out broad categories or reasons for dismissals . Section 23 of the Constitution of the Republic of South Africa, 1996(Act 108 of 1998) provides that “Everyone has the right to fair labour practices”. Section 33 of the Constitution provides that “Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. The Promotion of Administrative Justice Act 3 of 2000 (PAJA) is designed to give effect to just administrative action. Section 1 and 3 of the Labour Relations Act,1995(Act 66 of 1995)(LRA) require compliance with Article 7 and 8 of the ILO Convention 158 of 1982, when the employment of a worker has been terminated by his or her employer. The LRA protects employees against unfair dismissal. In the Department of Education, Section 14(1)(a) of the Employment of Educators Act, 1998 provides for the discharge of an educator in the event that he or she absents himself or herself from work for a period exceeding 14 consecutive days without the permission of the employer. A similar provision, Section 17(5)(a)(i) of the Public Service Act, 1994 provides for the discharge of an officer other than an educator who absents himself or herself from his or her official duties without the permission of the Head of Department for a period exceeding one calendar month. Section 14(2) of the Employment of Educators Act, 1998 and 17(5)(b) of the Public Service Act,1994 afford an employee who has been deemed discharged to show good cause why he or she should be reinstated. Against this background, the critical legal question is the constitutionality of the deeming provisions. The study will examine the validity of these provisions in relation to the ILO Conventions, Constitution, LRA and PAJA.
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Guastalla, Pierre. "La rupture amiable du contrat de travail." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1053.
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La rupture du contrat de travail se caractérise en général par la volonté unilatérale d’une partie et ce n’est que par une construction jurisprudentielle issue du droit des contrats en application de l’article 1134 du Code civil que la rupture d’un commun accord a été rendue possible. Elle ne doit pas être confondue avec une transaction et ne poursuit pas les mêmes objectifs. Elle connu néanmoins un succès très restreint et fût mise à l’écart par le droit du travail. Ce mode de rupture amiable n’a connu sa consécration qu’avec la loi du 25 juin 2008 créant la rupture conventionnelle. Elle a été influencée par la jurisprudence relative à la rupture d’un commun accord classique pour finalement s’en éloigner définitivement et suivre son propre chemin. On a donc pu apprécier l’incidence que chacune des formes de rupture a pu avoir sur l’autre. Les litiges entre les parties, ainsi que les restrictions liées à l’état de santé du salarié ne font désormais plus obstacle à la conclusion d’une rupture conventionnelle, privilégiant ainsi la volonté des parties au détriment de la protection du salarié. Cette réforme a de plus créé une dualité entre ces deux régimes ; mais le juge a rapidement affirmé l’exclusivité de la rupture conventionnelle en ce qui concerne le contrat à durée indéterminée. Toutefois cette dualité persiste encore dans de nombreux domaines. Il semblait donc intéressant d’étudier les pistes destinées à améliorer encore ce mode de rupture amiable en essayant de concilier la fluidité et la sérénité des relations de travailThe termination of an employment contract is generally characterised by one party’s unilateral intention to terminate and the possibility to terminate by mutual agreement has only been construed by case law on the basis of article 1134 of the civil code. Such termination by mutual agreement is not to be confused with a transaction and does not pursue the same objectives. This construction has however not encountered much success and has been sidelined by labour law practitioners. The amicable termination of employment contracts has not been truly sanctioned until the law of 25 June 2008 that created the contractual termination. The contractual termination has been influenced by the case law that construed the termination by mutual agreement, but it ultimately moved away for good and followed its own path. It was thus possible to analyse the impact each kind of amicable termination had on its alternative. Legal proceedings between the parties and restrictions in connection with the health of the employee do not prevent a contractual termination, thereby privileging the autonomy of the parties over the protection of the employee. In the beginning there was a rivalry between the two kinds of termination, but case law has quickly established the exclusivity of the contractual termination for permanent employment contracts. However the duality remains in numerous other domains. It seemed thus interesting to study the possibilities that may improve the existing alternatives of amicable termination and reconcile fluidity and serenity in the employer-employee relationship
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Rak, Jindřich. "Sjednávání a rozvazování pracovních poměrů." Master's thesis, Vysoká škola ekonomická v Praze, 2010. http://www.nusl.cz/ntk/nusl-75404.
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The thesis deals with the stipulation and termination of employment and other legal alternatives, known to the Czech Labour law. It explains in its theoretical part present legal form of employment. The wider attention is granted to the term of dependent work and fixed time employment. The practical part contains specifically formulated procedures of entering into contract of employment and its discharge. The thesis also prospects the shortcomings of current legal regulations and submits suggestions to changes on the basis of reflections de lege ferenda.
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Byron, Reginald Anthony. "Disposable Workers: Race, Gender, and Firing Discrimination." Columbus, Ohio : Ohio State University, 2009. http://rave.ohiolink.edu/etdc/view.cgi?acc%5Fnum=osu1248449595.
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Pelantová, Marie. "Právní a ekonomické aspekty skončení pracovního poměru." Master's thesis, Vysoká škola ekonomická v Praze, 2015. http://www.nusl.cz/ntk/nusl-264678.
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This thesis focuses on the institute termination of employment from the legal and economic point of view. From a legal perspective, it is mainly about the presentation of the most common ways of termination of employment, including acquainting the reader with a steady legal interpretation. From a microeconomic point of view, the termination of employment relates to the consequences for employers and employees and from a macroeconomic perspective, with consequences for the whole society. This is followed by a practical part which connects the foregoing and the current example of OKD Inc., which employs nearly 10 thousand employees and currently finds itself in serious financial difficulties, the state estimates the costs associated with the mass redundancies at different alternatives. These variants are bankruptcy or reorganization provided financial assistance to the state. At the conclusion of the two calculations are compared and outlines a list of partial measures to mitigate the effects of similar events in the future.
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Kozel, Jiří. "Rozvazování pracovních poměrů." Master's thesis, Vysoká škola ekonomická v Praze, 2011. http://www.nusl.cz/ntk/nusl-264231.
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The aim of the thesis is to analyse the new Czech civil law reformed by the new civil codex launched in 2012 and its impact on Czech labour law, especially focusing on different methods of the termination of employment. First Chapter is general and deals with determining relations and definitions that the labour law is based on and the principal chapters are to record of recent changes that have occured in the termination of employment and to state its conclusions.
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Frasson, Vanessa. "Les clauses de fin de contrat." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30062/document.
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Les clauses de fin de contrat illustrent l’importance de la liberté contractuelle. La pratique s’est emparée de cette période de l’« après-Contrat » sous le contrôle de la jurisprudence, dans le relatif désintérêt du législateur.Les fins du contrat sont diverses. La fin peut être retardée par le biais de la prorogation du contrat. La fin peut être prématurée : elle peut être une fin brutale et définitive par le biais de la clause résolutoire, la continuité de ce qui était par l’arrivée du terme extinctif, ou encore la venue de quelque chose de nouveau par le biais d’une clause de caducité. La fin peut n’être qu’un passage vers un autre contrat par le biais de la reconduction. Il en ressort un flou théorique nécessitant une construction juridique. Il peut être proposé de scinder le temps de l’après-Contrat en trois temps. Le premier temps, les parties satisfaites de leur relation vont chercher à la faire perdurer. Les clauses de fin de contrat ont alors pour finalité la préservation de la pérennité du lien contractuel entre les parties. La deuxième période porte sur les modes d’extinction du contrat. La sortie de la relation contractuelle est devenue un enjeu important nécessitant le recours à différents mécanismes juridiques tels que la clause de dédit, la condition résolutoire ou encore la clause résolutoire.La troisième période peut être désignée comme la période de liquidation du passé contractuel comprenant deux séries de clauses : celles liquidant le passé contractuel (notamment la clause de non-Concurrence et la clause de confidentialité) et celle s’intéressant à l’avenir post-Contractuel. La fin du contrat doit être distinguée de la clôture de la relation contractuelle désignant la cessation de toutes les obligations post-Contractuelles et de leurs conséquences. Ainsi loin d’être secondaires, ces clauses de fin de contrat composant la période de l’après-Contrat sont fondamentales pour toute relation d’affaires continueEnd-Of-Contract clauses illustrate the significance of contractual freedom. Practice took hold of this “post-Contractual” period under the control of established precedents, in the relative disinterest of lawmakers.The types of contractual ends are diverse. The end may be delayed by means of prolongation of the contract. The end may come prematurely: it may come suddenly and definitively by means of a termination clause, the continuity of that which was by the arrival of the extinctive term, or the arrival of something new by means of a sunset clause. The end may only be a passage to another contract by means of renewal. This results in a lack of theoretical clarity that requires a legal structure. It may be proposed to divide the post-Contractual period into three parts. In the first part, parties satisfied with their relationship will seek to have it continue. The end-Of-Contract clauses thus serve the purpose of preserving the durability of the contractual bond between the parties. The second part involves the manner of termination the contract. Closing the contractual relationship has become an important matter that requires resorting to different legal mechanisms such as the forfeiture clause, the termination condition or the termination clause.The third part may be referred to as the period of liquidation of the contractual past including two series of clauses: those liquidating the contractual past (notably the clause of non-Competition and the clause of confidentiality) and those concerning the post-Contractual future. The end of the contract must be distinguished from the close of the contractual relationship designating the cessation of all post-Contractual obligations and their consequences. Thus, far from being secondary, these end-Of-Contract clauses affecting the post-Contractual period are fundamental for any ongoing business relationship
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Souza, Tercio Roberto Peixoto. "A negociação coletiva e a extinção compulsória do contrato de trabalho." Programa de Pós-Graduação em Direito da UFBA, 2009. http://www.repositorio.ufba.br/ri/handle/ri/10755.
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A presente dissertação parte do pluralismo e da democracia nas relações de trabalho para identificar alguns contornos das relações coletivas no direito brasileiro. Digo que a eficácia da negociação coletiva encontra-se vinculada à melhoria das condições dos trabalhadores em bem-estar social. Digo ainda que em função dessa necessidade o “pleno emprego” impõe a adoção de todos os instrumentos cabíveis inclusive a possível extinção dos contratos de trabalho em vigor para o acesso de novos trabalhadores a um mesmo posto de trabalho; tudo para concluir que é possível negociação coletiva em que se imponha a extinção compulsória dos contratos de trabalho.
Salvador
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Devinder, Victor, and Per Dynesius. "Anställningsavtal : En jämförelse mellan olika anställningsavtal för fartygsbefäl." Thesis, Linnéuniversitetet, Sjöfartshögskolan (SJÖ), 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-52307.
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Detta arbete behandlar anställningsavtalen: det svenska Storsjöavtalet för styrmän/telegrafist, färöiskt anställningsavtal för svenska fartygsbefäl och ITF:s anställningsavtal för besättningsmedlemmar på bekvämlighetsflaggade fartyg. Syftet med jämförelsen var att utröna skillnaderna mellan avtalen, gällande uppsägning, ekonomisk ersättning vid sjukdom och skadefall samt skadeståndsansvar med hänsyn till social trygghet. Metoden som användes för att genomföra arbetet var en kvalitativ litteraturstudie. Storsjöavtalet och det färöiska avtalet liknar varandra relativt väl gällande uppsägning medan ITF:s anställningsavtal skiljer sig från de andra avtalen. Gällande sjukdom och skadefall ger alla avtalen ersättningar. Storsjöavtalets ersättning baseradas på Försäkringskassans utbetalningar medan det färöiska och ITF:s anställningsavtal har separata försäkringar som rederiet upprättar till enskilt fartygsbefäl. Beträffande skadeståndsansvar devierar ITF:s anställningsavtal eftersom det inte behöver finnas synnerliga skäl, som krävs enligt Storsjöavtalet och det färöiska avtalet, för att bli personligt skadeståndsskyldig för fel i tjänsten. Jämförelsen ger en bra inblick hur avtalen är uppbyggda kring nationella lagar och/eller avsaknaden av dessa. Generellt är Storsjöavtalet mer socialt betryggande än vad det färöiska och det internationella ITF-anställningsavtalet är.This study deals with employment agreements: the Swedish Storsjö Agreement for officers and telegraphists, Faroese Employment Agreement for Swedish officers and the ITF Uniform ”TCC” Collective Agreement for crews onboard flag of convenience ships. The purpose of the comparison was to determine differences between the agreements concerning termination, economical compensation for illness and injury cases and liability in case of default in regards of social security. The method of the work was a qualitative literature study. Storsjö Agreement and the Faroese Agreement is relatively similar to each other regarding termination of the contract, while the ITF Agreement differ from the other agreements. Regarding economical compensation for illness and injury cases all the agreements provides a safety net for the officer. The compensation with Storsjö Agreement is based on the Swedish Social Insurance Agency payouts, while the Faroese Agreement and ITF Agreement have separate insurance policies that the company arranges to individual officers. Regarding liability due to default, the ITF Agreement contract differ since it does not have to be any exceptional reasons for the default, which is required in Storsjö Agreement and the Faroese Agreement, to make the officer personally responsible for the damage. The comparison gives a good insight into how the contracts are structured around national laws and/or the lack of them. Generally Storsjö Agreement is more reassuring than the Faroese Agreement and the ITF Agreement concerning social security.
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Cjuro, Vera Cinthia Mirella. "The Compliance with the Resolutory Condition as a Causal Valid of Extinction in the Work Contracts with an Indefinite Term: Temporary Indefinite Contracts?" Derecho & Sociedad, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/117284.
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In this article, the author analyses whether Peruvian labor law permit the incorporation of a resolutive condition in undetermined contracts of employment. To do so, the author annotates a particular case of Peru, as well as some judgments of the Spanish Court of Justice.En el presente artículo, la autora analiza si a la luz de las normas laborales que regulan las causales de extinción de los contratos de trabajo, es posible que las partes puedan incorporar válidamente una condición resolutoria en contratos a plazo indeterminado. Para ello, comenta un caso particular peruano, así como algunos pronunciamientos del Tribunal Supremo español.
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Maisonneuve, Caroline. "La Rupture du contrat de bail par le bailleur. Etude de trois baux à statut : le bail d'habitation, le bail commercial et le bail rural." Thesis, Cergy-Pontoise, 2015. http://www.theses.fr/2015CERG0752.
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Résumé de la thèse - La rupture du contrat de bail par le bailleur. Etude de trois baux à statut : le bail d'habitation, le bail commercial et le bail ruralLe contrat de bail est un contrat usuel où le locataire est dans une situation de dépendance particulière à l'égard du bailleur. Contrat d'adhésion, le contrat de bail est conclu entre un locataire, réputé être la partie faible et un bailleur, considéré comme la partie forte du contrat. Afin de prévenir la sortie du locataire au gré du bailleur, le législateur est intervenu pour protéger le locataire et organiser le maintien de la relation contractuelle. Les nombreuses législations en la matière ont contribué à rendre les règles gouvernant les baux à statut peu accessibles et lisibles, ce qui nuit à la sécurité juridique et au marché locatif.Une étude approfondie de la rupture du contrat de bail par le bailleur révèle que ce dernier est limité dans sa volonté de rompre la relation contractuelle. D'une part, la rupture est soumise à des conditions strictes et nombreuses. D'autre part, la législation favorise dans de nombreuses hypothèses la continuation de la relation contractuelle au détriment des intérêts du bailleur. La rupture du contrat de bail apparaît donc délicate pour le bailleur, confronté à une multitude d'obstacles. Il est donc utile de procéder à l'identification des modes de rupture du contrat de bail dont dispose le bailleur et, en contrepoint, des moyens mis en place par le législateur pour organiser la continuation de la relation contractuelle en privant le bailleur de la possibilité de rompre celle-ci.La thèse a pour objet de mettre en lumière que la situation du bailleur est difficile, tant les possibilités de mettre fin au contrat de bail sont encadrées. Elle a ainsi vocation à servir de grille de lecture au bailleur, afin de le guider au travers des voies méandreuses qui peuvent lui permettre, parfois, de sortir du contrat de bail.Enfin, l'étude des trois baux à statut, que sont le bail d'habitation, le bail commercial et le bail rural, permet de les comparer et d'observer les différences de traitement du bailleur à la fin du bail, alors que les statuts ont le même dessein, à savoir protéger le locataire et assurer la stabilité contractuelleAbstract of Thesis - The breach of lease contract by the lessor. Study of three particular lease contracts : residential lease, commercial lease and agricultural lease.The lease contract is a standard contract where the lessee is dependent on the lessor. Typical exemple of an agreement contract, the lessee is deemed to be the weaker part while the lessor is considered the strongest one of the contract. In order to prevent the release of the lessee at the option of the lessor, the legislator has intervene to protect the lessee and organise the continuation of their contractual relationship. The many laws as regards have helped to make the rules around low status leases, less accessible and readable which undermines legal security and rental market.A thorough study of breach the contract by the lessor reveals that he is limited in his freedom of breaking the contractual relationship. On the one hand, the breach of the contract is subject to strict and many conditions. On the other hand, the legislation promotes in most cases the continuation of the contractual relationship to the detriment of lessor's interests. The breach of the contract appears delicate for the lessor and full of obstacles. So we're talking to proceed with the identification of breaking modes of the lessor and, to happen concurrently, means established by the legislature to organize the continuation of the contractual relationship preventing lessor to end it.The aim of this thesis is to emphasize the fact that lessor's situation is complicated, so the possibilities to put an end lease are regulated. It also is meant to be a reading grid for the lessor, in order to guide him in the intricacies of the ways which could allow him out of the lease contract.Finally, the study of the three lease contracts with statutes, residential lease, commercial lease and agricultural lease, enables to compare them and notice the treatment differences of lessor at the end of contract, whereas the statutes have the same purpose, meaning protect the lessee and ensure the contractual stability
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Sriubas, Modestas. "Darbo sutarties nutraukimas darbdavio iniciatyva nesant darbuotojo kaltės." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2005. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2005~D_20050606_195526-68905.
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Tiriamajame darbe autorius siekia atskleisti teorinius bendro pobūdžio klausimus: apibrėžti darbo sutarties pasibaigimo ir nutraukimo sąvokas. Autoriaus nagrinėjami darbo sutarties nutraukimo darbdavio iniciatyva, kai nėra darbuotojo kaltės, pagrindai. Analizuojamas įspėjimas apie darbo sutarties nutraukimą. Lyginamuoju metodu pateikiamas tarptautinių dokumentų ir ES teisės normų, reguliuojančių darbo sutarties nutraukimą, reglamentavimas. Tiriamajame darbe pateikiamas garantijų ir apribojimų reglamentavimas, atsirandantis nutraukiant darbo sutartį darbdavio iniciatyvą, kai nėra darbuotojo kaltės. Pateikiamas teisminės praktikos apibendrinimas, reikšmingas teisingai aiškinant ir tinkamai taikant teisės normas, reglamentuojančias darbo sutarties nutraukimą darbdavio iniciatyva, kai nėra darbuotojo kaltės.In this research work an author seeks to educe the theoretical character of questions: to define the conceptions of the expiry or the termination of an employment contract. Author analyses the grounds for the termination of an employment contract on the initiative of an employer without any fault on the part of an employee. Author analyses the notice of the termination of an employment contract. The regulation of the legal rules of international documents and EU presents by the comparable method. The regulation of the guarantees and limitations represents in this research work, which give effect to the termination of an employment contract on the initiative of an employer without any fault on the part of an employee. Author educes the generalization of judiciary practice, which is essential justly to interpret and properly to use rules of the termination of an employment contract on the initiative of an employer without any fault on the part of an employee.
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Vaňhová, Marie. "Způsoby skončení pracovního poměru." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-315770.
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TITLE: Types Of Employment Termination SUMMARY: First of all I would like to answer the basic question why the theme of my thesis is Types Of Employment Termination. I assume that everyone has an experience with an employment and in consequence with employment termination so this theme is relevant for everyone, but not everyone knows the effective legal regulation. The aim of the thesis is to explain and summarize effective legal regulation of the labour law and also focus on controversial points. I made an effort at the conclusion to point out couple of disputed issues and to propose several amendments. The thesis is composed of six parts, introductory and conclusion. Most of them dealing with different types of employment termination, and the others look at related obligations and claims in case of invalidity of employment termination. In introductory of my thesis I explain why I choose exactly the theme about employment termination, mention how the thesis is systematically divided and what the parts are about. In part One I try to focus on employment termination generally and explain its basic terminology. Part Two is divided into several subparts. First subpart is concerned with an agreement on employment termination. Second subpart relates to a notice generally, notice period, notice given by an...
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Plch, Marek. "Důvody výpovědi z pracovního poměru." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-372773.
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This thesis deals with the issue of grounds for notice of termination of employment. It also analyses institutes that are closely related to this issue, like termination of employment in general, notice of termination and its requisites, protective periods, or employer's obligations that arise from notice of termination in certain cases. When evaluating and assessing the legislation it's necessary to keep in mind two legal principles, the principle of flexibility and the principle of protection of the weaker party (the employee). In the legislation of termination of employment and in labour law in general these two principles clash. One of the specifics of labour law is relatively rigid and enforced legislation that tries to equalize the inequalities in the employment relationship between employee and employer by, among other things, tying the possibility of the employer to terminate employee's employment on fulfilling particular material requirements. In practice, this legislation can be perceived as excessively restrictive. In particular, the thesis focuses more closely on these material requirements that need to be fulfilled in order for the employer to be able to terminate the employee's employment. The grounds for notice of termination themselves are defined exhaustively in the Labour Code and we can...
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Šmídová, Klára. "Výpověď z pracovního poměru." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-379462.
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This diploma thesis deals with the topic of the notice of termination of employment in the Czech labour law. The thesis sets out multiple primary goals. The first goal is to introduce the reader to the context of the legal framework of the notice of termination of employment, including an analysis of selected case law relevant to the topic. The second goal is to provide a comparative outline via the exploration of Belgian labour law and its legal regulation of the notice of termination of employment. Thirdly, the author reflects the findings gathered throughout the thesis and offers some amendments de lege ferenda. The diploma thesis is divided into eleven parts. The first three parts relate to the general description of the matter - the first is devoted to the labour law in the context of the legal system of the Czech Republic, the second is devoted to specific characteristics of an employment relationship and its subject and object. The third part discusses the termination of employment in general and it also takes into account the strategy of flexicurity. The fourth part aims at enlightening the effect of the international law and the law of the European Union on the legal regulation of the notice of termination of employment. The fifth part is devoted to the notice of termination of employment...
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Lněnička, Jakub. "Výpověď z pracovního poměru." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-350634.
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The aim of this thesis is to analyze current legislation of notice of termination and refer to some of the questionable area of this termination. The thesis also offers some of the proposals of amendments de lege ferenda. Reasons of these proposals are that notice of termination of employment as unilateral legal act brings negative aftermath mainly for employee, but in some cases also for employer and legislation should prevent these negative effects or at least minimized them. The thesis is divided into seven chapters. The first chapter deals with position of labor law and his relationship with the civil law, due to subsidiary using of the civil code. The second chapter describes the legal facts that lead to the notice of termination, with an emphasis on legal act, because notice of termination is an unilateral legal act which must fulfill the statutory requirements. The third chapter discusses national and international sources of law of regulation of notice of termination. The main part of the thesis is contained in chapter four, which deals with the current legislation of notice of termination. This chapter, with the help of the case law, deals with formal and content page of notice of termination, her delivery, notice of termination by employees and employers, prohibiting the possibility of...
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Sztacho, Petr. "Skončení pracovního poměru." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-393082.
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1 Abstract This diploma thesis deals with the termination of an employment relationship. Its aim is to aptly depict and characterize individual ways of terminating an employment relationship with a focus on the termination of an employment relationship by labor-juridical acts, also to call attention to some application difficulties and to mention proposals de lege ferenda. Firstly, the thesis is focused on the different areas of labor law, its functions and also on the relation between labor law and civil law. The attention is further paid to the explication relating to the employment relationship as well as to labor-juridical acts and some consequences of their defects. The focus of the thesis lies in the analysis of individual ways of terminating an employment relationship. The employment relationship can be terminated either on the basis of labor-juridical acts, on the basis of a labor-juridical event, or on the basis of official decisions. Labor-juridical acts leading to the termination of an employment relationship are agreement on the termination of an employment relationship, the notice of termination, the immediate termination of an employment relationship and termination of en employment relationship during the probationary period. The labor-juridical events on the basis of which the employment...
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Kalužáková, Mária. "Výpověď z pracovního poměru, komparace ČR a SR." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-332075.
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The purpose of my thesis is to compare the legal regulation of notice of termination of employment in the legal systems of the Czech Republic and Slovakia. The thesis consists of the introduction, conclusion and six chapters, each of which contains a comparison of various aspects of the two regulations. The introduction sets out the reasons for which I chose this topic and the method of processing my thesis. The first chapter characterises notice in general, its cancellation and requirements, i.e. the written form and the delivery of the notice. The second chapter focuses on the notice given by an employee and on particularities of the Czech regulation of the notice related to the transfer of rights and obligations arising from the employment relationship and the counterpart of such notice in Slovak labour law, which is the termination by agreement. Notice given by the employer is discussed in the third chapter. This chapter consists of three parts. The first part highlights the comparison of individual reasons of the notice, the second focuses on cases in which the notice is prohibited, and the third on the substantive conditions of the notice. The fourth chapter is divided into two parts. The first part discusses the differences in the regulation of redundancy payment accordance to the Labour...
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Prouza, Jiří. "Výpověď z pracovního poměru." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-335885.
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The thesis deals with notice of termination of employment relationship. It aims not only to analyse current Czech legislation including existing case law, but also to outline possible proposals of amendments (de lege ferenda considerations). It consists of eight chapters. The first chapter is concerned with general issues of labour law - its concept and function, its role in legal system, its relation to civil law and directory or mandatory nature of labour law rules. The second chapter provides a basic analysis of further ways of termination of employment relationship, which are further legal acts leading to termination of employment (i.e. agreement on termination of employment, instant termination of employment, termination of employment during the probationary period), termination of employment on the basis of an official decision and termination of employment by legal events. The third chapter to the sixth chapter deals with current Czech legislation regulating notice of termination of employment and with further related issues - prohibition of notice of termination during protective period and exemptions from this prohibition (chapter 4), invalidity of notice of termination (chapter 5) and employer's obligations consequent upon termination of employment (chapter 6). The third chapter mainly...
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Škopek, Petr. "Výpověď z pracovního poměru." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-324550.
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The purpose of the thesis is to provide a summary of the legal regulation and to point out legal problems connected with the Notice of termination in the Czech Republic. The thesis is composed of eleven chapters, the introduction and the conclusion. Chapter One is introductory and defines concept and position of Labour law in the system of law in the Czech Republic and function of Labour law. Chapter Two examines, in general relation, between Civil law and Labour law. In chapter Three, author tries to explain legal regulation of legal acts. The chapter consists of two parts. Part one focuses on legal regulation of legal acts in the Civil Code and Part two focuses on legal regulation of legal acts in the Labour Code. Chapter Four describes basic principles of Labour law. In chapter Five is short excursion to the history of labour legislation in our territory. This chapter is divided into three subchapters according to some important historical events of our labour legislation. Chapter Six concentrates on domestic source of law in the area of notice of termination. This chapter is divided into three parts. First part is about constitutional acts, second part is about statutes and third part is about case law in the Czech Republic. In chapter Seven are described international source of law in the area...
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Jindřich, Pavel. "Rozvázání základních pracovněprávních vztahů na základě jednostranného právního jednání." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-393081.
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Termination of an Employment Relationships on the basis of one-sided legal actions Abstract This final thesis deals with the topic of termination of an Employment Relationships on the basis of one-sided legal actions. Its aim is to provide insight into the current legal regulation of labor law in the Czech Republic and to present a comprehensive overview of ways of termination of an Employment Relationships on the basis of one-sided legal actions using applicable legal regulations, legal literature and jurisprudence. This final thesis is based on the search of specialized literature and the jurisprudence of the Supreme Court of the Czech Republic, Supreme Administrative Court of the Czech Republic and Czech Constitutional Court. My final thesis in its first part explains terminology Employment Relationships, Employment Contract, Agreement to complete a job and Agreement to perform work. The main part analyses of applicable legal regulation of labor law and current jurisprudence in the field of termination of Employment Relationships on the basis of one- sided legal actions by Employer and by Employee, whose validity requires written form. The main part is dedicated to the termination by notice, immediate cancellation and cancellation of an Employment Contract during a probation period by both - by Employer...
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Neklová, Markéta. "Skončení pracovního poměru v České republice a v Rakousku." Doctoral thesis, 2016. http://www.nusl.cz/ntk/nusl-353597.
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This thesis deals with the various manners of termination of an employment relationship according to the laws of the Czech Republic and compares them with the legal regulation of the same or similar manners of termination of an employment relationship in the laws of the Austrian Republic. The thesis is divided into four main parts. The first part deals with the system of Austrian employment regulations. The second part of the thesis is dedicated to the concept of termination of an employment relationship in general and it divides the ways of termination of employment relationship into two basic groups; in particular, the first group is termination of employment relationship based on legal acts and the second group is termination of employment relationship based on legal event. Further, the second part of this thesis discusses the terms employer and employee. The third part of this thesis is devoted to individual legal acts based on which in the Austrian and Czech laws an employment relationship can be terminated which is a termination agreement, termination by notice, immediate cancellation of an employment relationship, respectively exit from employment relationship (in German: Austritt) and dismissal from employment (in German: Entlassung), cancellation of employment relationship during a...
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Mrázková, Hana. "Právní úkony směřující ke skončení pracovního poměru." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-304063.
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TITLE: Legal Acts Aimed at the Termination of Employment SUMMARY: The reason why I choose for my thesis the theme Legal Acts Aimed at the Termination of Employment is that I think that this theme is very topic and important. I suppose that almost everybody has experience with termination of employment but not everybody knows the effective legal regulation. The purpose and goal of my thesis is to summarize the effective legal regulation of legal acts aimed at the termination of employment regarding to substantial changes which contains the amendment of Labour Code No. 365/2011 Coll., and to point to various problems and disputed questions which might arise in the practice of law. In the conclusion I try to evaluate the effective legal regulation of legal acts at the termination of employment and to propose some possible changes of this legal regulation. The thesis is consists of seven chapters, introductory and conclusion. Most of them dealing with different types of legal acts aimed at the termination of employment. I pay attention to legal regulation of the delivering of these legal acts and to problems of legal claims concerning the invalid termination of employment as well. In the introductory I would like to explain why I chose as a theme of my thesis Legal Acts Aimed at the Termination of Employment. I...
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Vlčková, Michaela. "Výpověď z pracovního poměru ze strany zaměstnavatele v komparaci s příslušnou právní úpravou v Peru." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-351981.
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84 Abstract Main theme of this diploma thesis is notice of termination of employment, in particular by the employer. The goal is to fully describe and analyze legal institution of notice. At first the Czech legal regulation is described, then it deals with a regulation of notice of termination according to the Peruvian legal system. The emphasis is put on notice of termination in Peru by the employer and aim is taken at comparing both laws and propose possible future reciprocal inspiration. The thesis is divided into five chapters, the first chapter focuses on labor law, its conception, function and origin, employment as such and describes possible methods of its termination (agreement on termination of employment, summary dismissal, summary dismissal during trial period, termination on the basis of official decision, termination following legal event). The second chapter elaborates the notice of termination with emphasis on termination by the employer according to Czech law, its formal requirements, its proper delivering, reasons for termination, prohibition of termination on period of protection and applicable exceptions. The third chapter is about labor law in Peru in general, about employment, its elements, termination options and development of job security. The fourth chapter is dedicated to the...
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Skovajsa, Marián. "Výpověď z pracovního poměru po soukromoprávní rekodifikaci." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-373027.
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Notice of termination of employment relationship after private law recodification Main theme of my thesis is notice of termination of employment relationship after private law recodification. I have chosen this topic, because every labour relationship termination and especially notice of termination, can have essential influence to every single person in productive age and even to his family. Law provides protection to both employers and employees, but to employees, as a weaker contracting party, is protection provided in wider range. I have divided my thesis into seven chapters, many of them are divided further. The first chapter is about labour law in general. The second chapter describes relationship between labour and civil law, from the Labour Code from 1965 to present time and also the principle of delgation and its change by Constitutional Court of the Czech republic fading into the principle of subsidiarity. In the third chapter I have stated the most important international documents, which are regulating notice of termination of employment relationship. Fourth part of my thesis describes employment relationship in general, ways of its termination and legal facts, which are leading to the termination of employment relationship in general. Key chapter is chapter number five, in which I am...
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Mihálik, Matej. "Výpověď z pracovního poměru ve vybraných členských státech EU." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-327303.
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Notice of termination of employment in selected EU member states The aim of this thesis is comparison of legal regulation of the notice of termination of employment in three legal systems within the EU: Slovak, English and Swedish. The thesis deals with the notices of employers and in the conclusion it contains comparison and evaluation of the legal systems. The thesis comprises four chapters. The first chapter deals with international and european legal regulation of employment termination, in particular regulation of notice of termination. The chapter contains description of international treaties and conventions concluded mainly within International Labour Organisation as well as european legal regulations and directives dealing with this matter. The second chapter deals with the Slovak regulation. At the beginning, it starts with general description of employment termination, it continues with the general requirements on notice and notice period. In the next part, the chapter describes specific notice reasons, special duties of the employer during the termination of employment and ban on the dismissal for protected groups of employees. The final part of the chapter focuses on the remedies of an employee in the case the notice of termination is declared invalid. The third chapter contains the...
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Formánek, Peter. "Skončení pracovního poměru v mezinárodním srovnání - ČR vs. Německo." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-335931.
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Zusammenfassung Das Thema dieser Diplomarbeit ist die Beendigung des Arbeitsverhältnisses - Vergleich der Rechtsregelung der Tschechischen Republik und die Bundesrepublik Deutschland. Die Arbeit gliedert sich in fünf Teile, die verschiedene Möglichkeiten der Beendigung des Arbeitsverhältnisses durch den tschechischen und deutschen Gesetzgebung behandelt, und befasst sich detailliert um einzelnen Kündigungsgründe in beiden Rechtsregelungen. Zwischen arbeitsrechtliche Rechtsregelungen beiden Nachbarländern, der Tschechischen Republik und der Bundesrepublik Deutschland gibt es auf einer Seite erhebliche Unterschiede, die sich aus wesentlichen Teil aus der unterschiedlichen rechtlichen und historischen Entwicklung ergeben. Auf der anderen Seite kommt es in der Einigung Europas zur Angleichung der Rechtsvorschriften der einzelnen Staaten, die sich im Bereich des Arbeitsrechts zum Ausdruck kommt. Obwohl sich das Arbeitsrecht ständig weiterentwickelt, behalt sich in jedem Staat seine Individualität, angesichts der Situation des Landes. Derzeit ist die Bundesrepublik Deutschland ein wichtiger Wirtschaftspartner der Tschechischen Republik. Angesichts der Existenz von internationalen Wirtschaftsunternehmen, Arbeitsmigration und grenzüberschreitende Beschäftigung, es ist praktisch, einen Überblick über die...
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Bišof, Petr. "Výpověď z pracovního poměru ve vybraných členských státech EU." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-353322.
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This master's dissertation deals with notice of termination of employment in three countries, specifically Czech Republic, Federal Republic of Germany and Great Britain, specifically England. The Federal Republic of Germany has been selected because Germany is a country with highly developed economy, however the social function of which is very fundamental that is also reflected in the notice of termination of employment legal regulation. Great Britain was selected because it represents different legal system to Czech republic or Germany, so called common law. British legal system can be further divided into legal systems of England and Wales, Northern Ireland and Scotland. This master's essay deals with the enactment in England. At the same time, it is also one of the economically most developed country in the framework of the European Union and a country in which a great number of Czech citizens seek their work opportunities. As far as structure of the individual Chapters is concerned, they are not arranged herein in the same scheme, because the legal form of the notice in the legal regulations differs so much, as far as conception or legal sources is concerned, that even the breakdown of the individual Chapters respects reflects such differences. Hence, the Chapter describing the notice in the Republic...
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Baťhová, Lucie. "Skončení pracovního poměru -výpověď." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-328818.
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The title: The termination of employment agreement - the notice The aim of this thesis is to illustrate one part of Czech labour law - the institute of termination of employment agreement - the notice. My reasons for choosing this topic are following. This topic is current and it is the object of many disputes. It is interesting part of labour law, which step in to the employee's life significantly. My thesis is composed of 13 chapters, each of them dealing with different aspects of notice. Chapter One is the introduction to the thesis and it contains the reasons why I chose this topic. Chapter Two outlines the ways of termination of employment agreement and it is subdivided into three parts. Part One describes the termination of contract of employment by legal event. Part Two concerns the termination of employment agreement by official decision. And finally part Thee explains the termination of contract of employment by legal act. Chapter Three focuses on notice in general way. This chapter has also three parts. Part One deals with subjects of notice. Part Two contains the requirements of the notice - mainly the written form and the delivery. And part Three mentions the cancellation of the notice and the approval with this cancellation. Chapter Four deals with the notice which is given by employee. Chapter...
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Kučera, Jan. "Neplatné skončení pracovního poměru a související důsledky." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-368861.
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This dissertation, entitled "Invalid Termination of Employment, and Related Consequences", aims to provide a comprehensive look into the issue of invalid employment termination by giving notice, immediately terminating an employment, or the employer cancelling employment during a trial period, and of the related consequences. The dissertation is divided into three main chapters. The first chapter briefly characterizes employment as a special private relationship, and industrial conduct as a legal fact which results in establishing, altering, and terminating employment. Special attention is paid to the individual aspects of industrial conduct whose fulfilment is a prerequisite for perfect industrial conduct. The second chapter focuses on the consequences of faults in industrial conduct, intending mainly to alert the reader to the necessity of differentiating between seemingly legal conduct and invalid legal conduct. The second chapter then identifies and analyses reasons which cause a court to determine the invalidity of a notice, immediate employment termination, or employment cancellation during a trial period by the employer. The third chapter contains an analysis of consequences which may arise if a notice, immediate employment termination, or employment cancellation during a trial period by the...
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Tichý, Ondřej. "Výpověď z pracovního poměru ve vybraných členských státech EU." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-344668.
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Notice of termination of employment in selected EU member states The diploma thesis analyses the legal regulation of notice of termination from employer's side in the Czech Republic and its comparison with Austrian and German legal regulation of the same institute. Thanks to the comparison it will be possible to reach the aim of the thesis which is to find out how social is the Czech attitude regarding this topic and to discover all the possible differences and similarities among all the three legal regulations. The first chapter serves as an introduction to the particular national labour legal provisions including the development and describes the main sources of law concerning the labour law. The pivotal chapter concentrates on individual reasons for dismissal under section 52 of the Czech Labour Code to which the thesis searches for the same or similar legal regulation within the other two legal systems. This chapter is divided into the subchapters as every of them focuses on one group of reasons for dismissal. At the end of each subchapter examples from Austria and Germany are given which prove differences and similarities among the three legal systems. This logic of subchapter arrangement enables easier understanding of individual reasons for dismissal and their examples in all the three...
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Szopová, Magdalena. "Srovnání právní úpravy výpovědi z pracovního poměru v České republice a Polsku." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-351798.
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Title: Comparison of legal regulation of notice of termination in the Czech Republic and Poland The aim of this master thesis is the comparison of legal regulation of notice of termination of employment relationship in the Czech Republic and Poland. This paper provides an overview of the legislation of notice of termination in these two states and in the end contains the comparison and evaluation of legal regulations concerned. The work consists of eight chapters, introduction and conclusion. The first chapter outlines the international and European legislation related to labour law with emphasis on termination of employment. The chapter contains a number of international conventions adopted in particular within the ILO as well as European legislation which deals with this issue. The second chapter contains treatise on termination of employment relationship in general, where the basic sources of national labour law in each country and a brief description of all forms of termination of employment relationship are stated. This chapter also contains a brief description of the relationship between civil and labour law and its development. The third chapter discusses the substantive aspects of notice of termination. It starts with general commentary on the concept of notice of termination, continues by...
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LAI, CHIH-CHENG, and 賴志政. "By National Middle school, relief of system grade teacher employment contract termination." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/10978798171072856495.
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碩士玄奘大學
法律學系碩士在職專班
99
The existence of compulsory education teachers is to the interest of students and educational mission entrusted by the state, to successfully achieve the task of national education, it must rely on teachers to serve others. If you do not have a national teacher identity than sufficient to maintain the interests of institutional security, to expect teachers to complete the mission entrusted by the state of their teaching is impossible. This should be given on the right to legal relief, once the identity of teachers rights have been violated, the request of relief is not only the basic rights of teachers, improve the relief system design, but also the obligations of States. Public and private elementary primary and secondary schools teachers, shoulders the important mission of the national basic education, teachers were employed after their self-identity rights and the right to work should be guaranteed by the Constitution. Appointment of school teachers of non-conformity with the law on termination of employment contract stipulates that the subject matter, and has been practicing the due process of law, not arbitrarily terminate the employment contract. Once the identity of rights and interests of the appointment of teachers against the school and education related to the legal system should establish a convenient and effective relief way, it helps to safeguard the interests of teachers, and to take into account the campus harmony. Through this book, monographs, periodicals, seminars, graduate literature, the Internet, draft legislation, government documents collection, supplemented by court petition practical insights from the public and private elementary primary and secondary schools the legal basis for the appointment of teachers Proceed to the operation of the existing legal system modeled on relief teachers, employed by teachers about the reasons for termination, the appointment of the statutory requirements the school should have to appoint the school for teachers about the legal nature of termination of employment, and the current teaching contracts and termination of legal and practical operational Lack of depth step by step, trying to reconstruct the stages of compulsory education for public and private elementary primary and secondary schools teaching contracts and termination of the relief system.
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Kone, Mmberegeni Kingshald. "The termination of the employment relationship on the grounds of the employee's HIV status." Diss., 1995. http://hdl.handle.net/10500/17114.
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A substantial number of employees in South Africa may soon be out of work as the result of their HIV-positive status. The dismissal of an infected employee may be motivated by the fact that he is considered to be incompetent or incapable of doing the work for which he was employed. Customers and fellow employees may refuse to deal with an infected employee, with the result that the employee is dismissed for economic reasons. The nature of the undertaking's
activities may be such that the presence of an infected employee constitutes a health risk. For the purposes of carrying out his duty to create and maintain safe working conditions, the employer dismisses the employee. The employer may even force the infected employee to resign.
Measures should be taken to improve the situation of infected employees. They include educating employers and employees about the transmission of the human immunodeficiency virus.Mercentile Law
LL. M.
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WANG, SHENG-HSUAN, and 王勝玄. "A Study of the Termination with Advance Notice by Employer of Labor Contract and Protection in Taiwan." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/38568555237575612603.
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碩士國立雲林科技大學
科技法律研究所
104
In recent years, due to global economic slowdown, Taiwan's economy was deteriorated. To survive, employers have to pursue profit, on the other hand, the actions employers take will affect the workers’ right to work. When the company receives less orders and generate less income, the employers may in the absence of compliance with the statutory requirements, unilaterally terminate the labor contract to reduce operating costs. It will affect the rights to work, household income and the overall stability of society. Labor Standards Law specifies employer advance notice of termination of the labor contract. The requirements of employer advance notice to terminate the labor contract (also known as redundancy dismissal), are under Art. 11.2 "a loss of business contraction" which is usually the issue of disputes, or Art. 11.5 "Labor did not do its work" which involves the performance evaluation system containing subjective and objective conditions. This usually cases dispute or litigation between employers and employees. Position to intervene to protect labors of public law based on the so-called " the principle of last resort " applicable on the theory and practice. Employers who disire to terminate the labor contract must comply with the principle of last resort, which is the basic principle of the protection. However, if the abuse occurred wrongful dismissal , in addition to the analysis of valid or invalid, it is also worth exploring that the workers take additional claim for damages request will lead to moral hazard or not. In addition, disputes between employers and employees can resolved by mediation and other ways. "Labor Dispute Resolution Law" is an important basis for handling disputes and maintaining relations. This Law was substantially revised in 2009 and became effective in 2011. This paper further analyzes the current situation, compares differences between various versions of Labor Dispute Resolution Law, and finally explores the potential impact on the relationship between employers and employees. This paper discusses the definition and characteristics of the labor contract, and then analyzes the employer advance notice of termination of jurisprudence and the principles of the labor contract, and thereafter resolves to require employers advance notice to terminate and protection, in addition to explore handler labor dispute rights matters. Finally, personal suggestions for future amendments refer to the relevant provisions of the Laws and regulations.
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Holubová, Veronika. "Nároky z neplatného rozvázání pracovního poměru." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-392758.
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Claims arising from invalid termination of employment Abstract The aim of this Master thesis is to analyse legislation concerning the invalid employment termination, to distinguish the invalid employment termination from putative employment termination established by Act No. 89/2012 Coll., Civil Code, as amended, and especially to summarize the legislation and case law concerning claims arising from invalid employment termination. The introductory chapter contains the aims of this thesis and represents the reasons why I think this topic is still relevant. Chapter two explains the employment briefly. Chapter three provides the brief introduction to employment termination and individual subchapters present the essentials of individual types of employment termination. Chapter four analyses invalid employment termination, and relation between the Civil Code and Labour Code and defines conditions necessary to qualify the employment termination as the act. Subchapter two analyses putative employment termination and its results in employment termination field. Subchapter three concerns the invalid employment termination, distinguishes between the void termination and voidable termination and represents its grounds. Chapter five summarizes selected aspects of court proceeding. Particular subchapters therefore...
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Bezstarosti, Eliška. "Ukončení pracovního poměru v České republice ve srovnání s právní úpravou Velké Británie." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-265168.
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This diploma thesis provides comparison of the termination of employment relationship in the Czech Republic and in the UK. Within both legal systems this thesis focus on termination of employment relationship based on legal actions of the participants of the employment relationship as well as based on legal situations independent on the will of the participants of the employment relationship. This thesis also analyses sources of employment law in the UK and it provides an overview of the complex judiciary system in the British employment law matters.
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"The enforceability of covenants in restraint of trade subsequent to an unfair termination of employment." Thesis, 2015. http://hdl.handle.net/10210/14003.
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LL.M.(Commercial Law)Generally, as can be seen from the case law dealing with the enforcement of covenants in restraint of trade, it is the employee himself or herself that terminates the employment relationship, ie resigns, often with the hope of moving to greener pastures at a competitor of the former employer or to start a competing business. Once in a while, however, it is the employer who terminates the employment relationship, ie a dismissal occurs, and the employee then wishes, as a result, to move to greener pastures. It is these occasional events, and the enforcement of restraints of trade in such events, that are the subject of the current research. The research commences by considering the South African law surrounding covenants in restraint of trade and the relevant principles of labour law, including the impact of the Constitution of the Republic of South Africa, 1996. The legal position regarding the effect of unfair terminations of employment on the enforceability of a restraint of trade is then carefully considered. It is found that while employers are obliged to deal fairly with their employees, this entitlement is based in labour law and not in the law of contract. Accordingly, should an employee feel aggrieved by the manner in which he or she was treated, the employee should look to the remedies enunciated in the LRA related to fairness and is not free to seek contractual remedies, over and above those provided for in the LRA. If employees believe that the LRA does not sufficiently satisfy their grievance, they are obliged to challenge the LRA. In this sense, an employee who seeks to oppose the enforcement of a restraint of trade on the basis of an unfair dismissal must be mindful of the alternative remedies (aimed at protecting the rights of employees) available in terms of the LRA which carry substantial clout for the employee. By ignoring such remedies, one compounds two separate fields of law, namely the law of contract and labour law. It is therefore concluded and recommended that these different fields of law be kept separate and distinct, with each being subject to its own remedies.
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""Deemed dismissal" as a form of termination of employment in South Africa : a comparative analysis." Thesis, 2015. http://hdl.handle.net/10210/14031.
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