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

Author: Grafiati

Published: 4 June 2021

Last updated: 2 February 2022

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1

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

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

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2

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

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

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3

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

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

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4

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

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

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

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

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6

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

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7

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

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

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8

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

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

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9

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

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

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10

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

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

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11

Napier, B. W. "Terminating the Contract of Employment by Payment of Wages in Lieu of Notice." Cambridge Law Journal 48, no. 1 (March 1989): 31–33. http://dx.doi.org/10.1017/s000819730010827x.

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12

Burkevics, Andis. "2017/32 An employer cannot request the invalidation of an employee’s employment contract termination notice in court: any other interpretation would be contrary to the prohibition of forced labour (LA)." European Employment Law Cases 2, no. 3 (September 2017): 143–45. http://dx.doi.org/10.5553/eelc/187791072017002003009.

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13

Duraj, Tomasz. "Powers of Trade Union Activists Engaged in Self-Employment – Assessment of Polish Legislation." Acta Universitatis Lodziensis. Folia Iuridica 95 (March 30, 2021): 83–100. http://dx.doi.org/10.18778/0208-6069.95.08.

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The objective of the foregoing article is an analysis of the rights which the Polish legislature granted to self-employed trade union activists after the extension of coalition rights to these persons. In this regard, the trade union law extended to self-employed persons working as sole traders protection, which until 2019 was reserved exclusively for employees. Pursuant to the amendment of July 5, 2018, self-employed trade union activists were granted – based on international standards – the right to non-discrimination on the basis of performing a trade union function, the right to paid leaves from work, both permanent and ad hoc in order to carry out ongoing activities resulting from the exercise of a trade union function, and the protection of the sustainability of civil law contracts which form the legal basis for the services provided. the exercise of a trade union function, and the protection of the sustainability of civil law contracts which form the legal basis for the services provided. The author positively assesses the very tendency to extend employee rights to self-employed persons acting as union activists. However, serious doubts are raised by the scope of privileges guaranteed to non-employee trade union activists and the lack of any criteria differentiating this protection. Following the amendment of the trade union law, the legislator practically equates the scope of rights of self-employed trade union activists with the situation of trade union activists with employee status. This is not the right direction. This regulation does not take into account the specificity of self-employed persons, who most often do not have such strong legal relationship with the employing entity as employees. The legislature does not sufficiently notice the distinctness resulting from civil law contracts, which form the basis for the provision of work by the selfemployed the separateness resulting from civil law contracts, which constitute the basis for the performance of work by the self-employed. According to the author, the scope of rights guaranteed de lege lata to self-employed union activists constitutes an excessive and unjustified interference with the fundamental principle of freedom of contract on the basis of civil law employment relations (Art. 3531 of the Civil Code). From the point of view of international standards, it would be enough to ensure the right of these persons to non-discrimination on the basis of performing a trade union function; the right to unpaid temporary leaves from work in order to perform current activities resulting from the performed trade union function; the right to high compensation in the event of termination of a civil law contract with a self-employed trade union activist in connection with the performance of his functions in trade union bodies and full jurisdiction of labour courts in cases arising from the application of trade union law provisions. The disadvantage of the regulation at issue is also that Polish collective labour law does not in any way differentiate the scope of the rights and privileges guaranteed to self-employed trade union activists, ensuring the same level of protection for all. In that area, it appears that the legislature de lege ferenda should differentiate the scope of that protection by referring to the criterion of economic dependence on the hiring entity for which the services are provided.

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14

DAMBAEVA, I. V. "Termination of social employment contract." Eurasian Law Journal 4, no. 143 (2020): 174–76. http://dx.doi.org/10.46320/2073-4506-2020-4-143-174-176.

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15

Seidman, L. "The model employment termination Act." Cornell Hotel and Restaurant Administration Quarterly 34, no. 6 (December 1993): 43–50. http://dx.doi.org/10.1016/0010-8804(93)90139-a.

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16

Seidman, Lorne, Robert J. Aalberts, and Jolie R. Gaston. "The Model Employment Termination Act." Cornell Hotel and Restaurant Administration Quarterly 34, no. 6 (December 1993): 43–50. http://dx.doi.org/10.1177/001088049303400610.

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17

Mullen, Mai. "Mandatory Vaccination or Termination of Employment." American Journal of Clinical Pathology 140, suppl 1 (September 1, 2013): A235. http://dx.doi.org/10.1093/ajcp/140.suppl1.235.

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18

WYNN-EVANS, CHARLES. "Accrued Holiday and Termination of Employment." Industrial Law Journal 23, no. 1 (1994): 56–59. http://dx.doi.org/10.1093/ilj/23.1.56.

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19

Nuridin, Mukhidin, Achmad Irwan Hamzani, Moh Taufik, Kanti Rahayu,. "Termination of Employment Problems in Indonesia." Psychology and Education Journal 58, no. 2 (February 20, 2021): 6483–88. http://dx.doi.org/10.17762/pae.v58i2.3180.

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Termination of employment is a complex problem. The impact on unemployment, criminality, and employment opportunities. It takes a harmonious relationship between employers and workers because it has the same interests. The purpose of this study is to describe the termination of employment to workers that should be done by the Company and review the implementation of the Labor Law after the Decision of the Constitutional Court related to Termination of Employment This research uses secondary data, with a normative approach, namely reviewing the issue of termination of employment based on applicable law in Indonesia. The results of this study show that the implementation of termination of employment in Indonesia must be under the Labor Law. Termination of employment is carried out in several processes, namely holding deliberations between workers and the company. If it is deadlocked then the last resort is through the courts. Troubled workers commit serious violations, immediately handed over to the police without asking permission from the authorities. Workers who will retire can be filed under the regulations. Similarly, workers who resign are regulated under company regulations and legislation. Based on the decision of the Constitutional Court, employers can break the employment relationship against workers because they have committed serious violations. Severe errors must be supported with some evidence. There has been a shift in the guilty judgment of workers, especially when it comes to criminal acts that are the authority of the court.

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20

Gabriella, Luxena, and Stanislaus Atalim. "ANALISIS PEMUTUSAN HUBUNGAN KERJA DENGAN ALASAN DISHARMONI (STUDI KASUS PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 121/PDT.SUS-PHI/2018/PN.BDG Juncto PUTUSAN MAHKAMAHi AGUNG NOMOR1942 K/PDT.SUS-PHI/2018)." Jurnal Hukum Adigama 2, no. 2 (December 27, 2019): 1. http://dx.doi.org/10.24912/adigama.v2i2.6519.

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This different opinion of termination sometime causing industrial relation dispute. The increasing reasons of employment termination constantly do harm for the workers without considering the loss that they may experience. How the Judge consider to make decision of termination with disharmony as the reason as stated in Constitution No. 13 Year 2003 about Employment? The research types that being used was a Normative Research. There are various reason in an employment termination. Dispute in Employment termination is a dispute of how employment relation ends. Terminating an employment relation must be accompanied by detailed and described as stated in Constitution No. 13 year 2003 about Employment. The Provision about arrangements for employment termination set out in article 150 until 171 Constitution No. 13 Year 2003 about Employment. Issues in this case is that PT Sari Gemilang didn’t described in detailed their reason why they terminated their workers. In the decisions of the Supreme Court didn’t consider Article 57 paragraph (2), Article 59 Paragraph (4), and Article 59 Paragraph (7) also Article 151 Paragraph (3) and Article 155 Paragraph (1) Constitution No. 13 Year 2003. Judge only considered that the relation between Company and Workers are disharmony. Disharmony is a situation, not a reason for termination. Panel of judges of the supreme court didn’t see there are reason for termination or not. There is uncertainty on the termination fee and the calculation that need to be paid by the employer due to disharmony.

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21

Kichigin, S. V. "Termination of Validity and Termination of Performance of an Employment Contract." Actual Problems of Russian Law 15, no. 4 (April 29, 2020): 91–98. http://dx.doi.org/10.17803/1994-1471.2020.113.4.091-098.

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22

Verkerke, J. Hoult. "Notice Liability in Employment Discrimination Law." Virginia Law Review 81, no. 2 (March 1995): 273. http://dx.doi.org/10.2307/1073618.

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23

Peirce, Ellen, Benson Rosen, and Catherine Schwoerer. "Reactions to the Proposed Employment Termination Act." Journal of Individual Employment Rights 1, no. 1 (January 1, 1992): 19–31. http://dx.doi.org/10.2190/x02x-eml5-fqvk-fbmb.

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24

Aronson, Robert L., and Wayne Vroman. "Employment Termination Benefits in the U.S. Economy." Industrial and Labor Relations Review 39, no. 3 (April 1986): 462. http://dx.doi.org/10.2307/2524117.

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25

Franz, Wolfgang W. "Wrongful Employment Termination and Resulting Economic Losses." Journal of Forensic Economics 3, no. 2 (March 1, 1990): 31–47. http://dx.doi.org/10.5085/0898-5510-3.2.31.

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26

Trout, Robert R. "Duration Of Employment In Wrongful Termination Cases." Journal of Forensic Economics 8, no. 2 (January 1, 1995): 167–77. http://dx.doi.org/10.5085/0898-5510-8.2.167.

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27

Carby‐Hall, J. R. "Termination of Employment Other Than By Dismissal." Managerial Law 28, no. 6 (June 1986): 1–16. http://dx.doi.org/10.1108/eb022427.

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28

GREBENYUK V. V. "SOME ISSUES OF TERMINATION OF EMPLOYMENT CONTRACT." LAW AND INNOVATIVE SOCIETY 12, no. 1 (2019): 93–98. http://dx.doi.org/10.31359/2309-9275-2019-12-1-93.

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Hutabarat, Intan Mayasari, Martono Anggusti, and Christina N. M. Tobing. "TANGGUNG JAWAB PERUSAHAAN ALIH DAYA TERHADAP PEKERJA OUTSOURCHING YANG TERKENA PEMUTUSAN HUBUNGAN KERJA DIMASA PANDEMI COVID-19 (STUDI DOKUMEN PERJANJIAN PENYEDIA JASA DI PT NTU)." NOMMENSEN JOURNAL OF LEGAL OPINION 2, no. 01 (January 25, 2021): 55–79. http://dx.doi.org/10.51622/njlo.v2i01.210.

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The Covid-19 pandemic has a very big impact in the industrial world, many companies have terminated employment (PHK) for workers, both PKWTT and PKWT. In the Manpower Act No. 13 of 2003 and the Job Creation Act No. 11 of 2020 concerning labor and termination of employment. Regarding termination of employment, termination of employment to outsourced workers, the author discusses 2 (two) problem formulations, namely: First: How is the responsibility of outsourcing companies to outsourcing workers / laborers who were terminated during the Covid-19 pandemic; Second, what is the comparison of the forms of legal protection for outsourcing workers / laborers who have experienced termination of employment according to Law no. 13 of 2003 concerning Manpower and Law no. 11 of 2020 About Job Creation. The research method used in this thesis is the Normative-Empirical method. The conclusion of this decision is First, that the outsourcing company is still in charge of the implementation of termination of employment, this can be seen in the PT SIS PKWT; Second, in terms of comparison between UUK No. 13 of 2003 with UUCK No.11 of 2020 not much has changed, only in UUKC regarding labor Outsourcing is more discussed.

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30

Komarnitskaya, M. "CONCEPTS AND THE ESSENCE OF TERMINATION OF LABOR RELATIONS." Social Law, no. 2 (April 23, 2019): 160–69. http://dx.doi.org/10.37440/soclaw.2019.02.25.

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The article analyzes the specifics of termination of labor relations. The author's definition of thislegal category is provided. The essence and importance of termination of labor relations are outlined,where it is established that it stipulates certain legal facts termination of legal relations between theemployer and the employee, which have arisen on the basis of the employment contract and wereformalized by it, as well as the legal consequence of the emergence and action of certain legal facts whichin the legal literature are called termination. It is clear that clarifying the concept under consideration, itis necessary to determine its separate components, such as "termination" and "labor relations. ". As forthe first component, it has less legal meaning than lexical content, and only in conjunction with thesecond component forms a separate legal category. In terminology dictionaries, termination is regardedas the action of the meaning of cease and desist, and the term "cease" is considered, in particular, how tocease to do something, to cease to happen, to remain without completion, to cease to exist, to refuse tocontinue, to put an end to any -Why; to achieve the rejection of something, the completion of something,the limit of something. It is determined that the essence of termination of employment is manifested in thefact that this category: implies, due to certain legal facts, the termination of legal relations between theemployer and the employee, which arose on the basis of an employment contract and were formalized byhim; is the legal consequence of the occurrence and action of certain legal facts, which are referred to aslawbreakers in legal literature. Accordingly, the legal connection between the employer and the employee regarding the object - work disappears, and the respective rights and obligations of the parties areterminated due to the reasons stipulated by the law. Termination of employment under any circumstancesmeans the termination of all rights and obligations of the subjects of employment relations, the conditionson which those relations were built, and always means the impossibility of maintaining the existing legalrelationship due to the absence of one or all elements of such relations. Such termination can be in threeways for the disappearance of the object of employment relations, the content of such relations, or for thesubjects of those relations. We consider it expedient and correct to use the concept of “termination ofemployment” in the draft Labor Code instead of the term “termination of employment contract” used inthe current labor legislation.

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31

Mohammed, Sinan Bahaulddin. "Legal Termination of Employment: Investigating the relationship between Performance Appraisal and Legal Termination." Journal of Humanities and Education Development 3, no. 3 (2021): 158–66. http://dx.doi.org/10.22161/jhed.3.3.17.

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32

Huizinga, Nathan, Jonathan Davis, Fred Gerr, and Nathan Fethke. "Association between Occupational Injury and Subsequent Employment Termination among Newly Hired Manufacturing Workers." International Journal of Environmental Research and Public Health 16, no. 3 (February 2, 2019): 433. http://dx.doi.org/10.3390/ijerph16030433.

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Few longitudinal studies have examined occupational injury as a predictor of employment termination, particularly during the earliest stages of employment when the risk of occupational injury may be greatest. Human resources (HR) records were used to establish a cohort of 3752 hourly employees newly hired by a large manufacturing facility from 2 January 2012, through 25 November 2016. The HR records were linked with records of employee visits to an on-site occupational health center (OHC) for reasons consistent with occupational injury. Cox regression methods were then used to estimate the risk of employment termination following a first-time visit to the OHC, with time to termination as the dependent variable. Analyses were restricted to the time period ending 60 calendar days from the date of hire. Of the 3752 employees, 1172 (31.2%) terminated employment prior to 60 days from date of hire. Of these, 345 terminated voluntarily and 793 were terminated involuntarily. The risk of termination for any reason was greater among those who visited the OHC during the first 60 days of employment than among those who did not visit the OHC during the first 60 days of employment (adjusted hazard ratio = 2.58, 95% CI = 2.12–3.15). The magnitude of effect was similar regardless of the nature of the injury or the body area affected, and the risk of involuntary termination was generally greater than the risk of voluntary termination. The results support activities to manage workplace safety and health hazards in an effort to reduce employee turnover rates.

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33

Zuehl, J. "Identifying uniform employment-termination practices for multinational employers." Cornell Hotel and Restaurant Administration Quarterly 42, no. 5 (November 2001): 72–85. http://dx.doi.org/10.1016/s0010-8804(01)80059-8.

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34

Martinez, Maria Carmen, and Frida Marina Fischer. "Work Ability as Determinant of Termination of Employment." Journal of Occupational and Environmental Medicine 61, no. 6 (June 2019): e272-e281. http://dx.doi.org/10.1097/jom.0000000000001599.

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35

FISHER, STANLEY M. "Legislative Enactment Process: The Model Employment Termination Act." ANNALS of the American Academy of Political and Social Science 536, no. 1 (November 1994): 79–92. http://dx.doi.org/10.1177/0002716294536001007.

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36

ANTOINE, THEODORE J. ST. "The Model Employment Termination Act: A Fair Compromise." ANNALS of the American Academy of Political and Social Science 536, no. 1 (November 1994): 93–102. http://dx.doi.org/10.1177/0002716294536001008.

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37

Fox, Jeremy B., and Hugh D. Hindman. "The model employment termination act: Provisions and discussion." Employee Responsibilities and Rights Journal 6, no. 1 (March 1993): 33–44. http://dx.doi.org/10.1007/bf01384755.

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38

Sudiarawan, Kadek Agus, Putu Edgar Tanaya, and Kasandra Dyah Hapsari. "Termination of Employment-Based on Efficiency in Indonesian Company." Fiat Justisia: Jurnal Ilmu Hukum 15, no. 1 (January 29, 2021): 39–50. http://dx.doi.org/10.25041/fiatjustisia.v15no1.2015.

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The different interest between employer and employee is potentially causing Industrial Dispute between them. Industrial Disputes is dominated by Termination of Employment (laid off) dispute; one of the reasons is company efficiency. Based on that matter, it needs to be studied regarding its legality, procedure, employees’ rights and the pattern of Industrial Dispute Settlement regarding laid off through company efficiency. Based on these problems, several conclusions can be drawn. Firstly, Termination of Employment must be based on a valid reason under the law. Secondly, Termination of Employment due to company’s efficiency can only be done on the condition that the company permanently closed. Thirdly, in the case of termination of employment for company efficiency, the company must pay attention to the employee’s rights in the form of compensation based on consideration of wages and the employee’s duration of work. Fourthly, the pattern of Industrial Dispute Resolution that can be adopted by the parties is bipartite, tripartite and Industrial Relation Court.

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Kuchina, Yu A. "Grounds for terminating an employment contract with a teleworker." Okhrana truda i tekhnika bezopasnosti na promyshlennykh predpriyatiyakh (Labor protection and safety procedure at the industrial enterprises), no. 8 (July 14, 2021): 50–55. http://dx.doi.org/10.33920/pro-4-2108-07.

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The article explores the problems associated with the possibility of establishing contractual grounds for termination of employment contracts with remote employees, identified by judicial practice, and also suggests requirements that must be met in terms of content and procedure for the grounds for termination of employment contracts.

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Liebregts, Werner, and Erik Stam. "Employment protection legislation and entrepreneurial activity." International Small Business Journal: Researching Entrepreneurship 37, no. 6 (March 27, 2019): 581–603. http://dx.doi.org/10.1177/0266242619836358.

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Labour market institutions enable and constrain individual behaviour on the labour market and beyond. We investigate two main elements of national employment protection legislation and their effects upon entrepreneurial activity. We use multilevel analyses to estimate the separate impact of redundancy payments and the notice period for employers on independent entrepreneurship (self-employment) and entrepreneurial employee activity. Redundancy payments and notice period reflect labour market friction, opportunity cost, search time and liquidity constraint mechanisms contained in employment protection legislation. Country-level legislation on the notice period for employers is found to be positively related to an individual‘s involvement in entrepreneurial employee activity, yet negatively related to self-employment. We do not find consistent effects of redundancy pay legislation on entrepreneurial activity.

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Paige, Mark. "Using VAM in High-Stakes Employment Decisions." Phi Delta Kappan 94, no. 3 (November 2012): 29–32. http://dx.doi.org/10.1177/003172171209400307.

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Ting, Yuan. "Workforce Reductions and Termination Benefits in Governments: The Case of Advance Notice." Public Personnel Management 25, no. 2 (June 1996): 183–98. http://dx.doi.org/10.1177/009102609602500205.

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The prospect of layoffs and ongoing downsizing in governments due to budget cuts has generated growing concern about termination benefits for public employees, such as severance pay, transition assistance, and advance notice. This study analyzes the organizational reasons why governments should provide such benefits. The study also uses advance notice as an example, and the CPS-Displaced Worker Survey to assess whether such a benefit lessens the economic loss of layoffs for affected employees. The findings show that termination benefits are integral parts of organizational commitment to preserve a long-term relationship between the organization and its employees, and serve the purpose of maintaining and reinforcing the organizational commitment and productivity of employees, especially those who survived. The findings from the case study show that advance notice provides terminated employees an early start in their job search and therefore helps lessen their economic loss resulting from layoffs. The study also discusses the implications of mandating governments to provide termination benefits as a strategy for managing workforce reductions.

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Suwastono, Hendro. "KEADAAN MEMAKSA (FORCE MAJEURE) SEBAGAI ALASAN PEMUTUSAN PERJANJIAN KERJA PEMAIN SEPAKBOLA PROFESIONAL DI PT SRIWIJAYA OPTIMIS MANDIRI." Repertorium : Jurnal Ilmiah Hukum Kenotariatan 6, no. 1 (July 24, 2018): 85. http://dx.doi.org/10.28946/rpt.v6i1.186.

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The Thesis Title Is "Force Majeure As A Reason Of Professional Football Player Employment Agreement Termination In PT Sriwijaya Optimis Mandiri". In This Research Formulated The Issue About The Criteria And Characteristics Of Force Majeure Condition According To The Civil Law In Force In Indonesia, Which Can Be Used As A reason for termination of professional football player employment agreement in PT Sriwijaya Optimis Mandiri, is a termination of professional football player employment agreement have a fairness according to civil law in Indonesia and why employment agreement was made itself and if there is any relevance and urgency if professional football player employment agreement made by Notary. To examine and answer problems mentioned above, this thesis using normative legal research that analyzed a legal enforceability, with legal materials, such as the research on the legal principles, positive law, legal rules, and rules of legal norms. Research use Legislation approach method (Statue Approach), Conceptual Approach and Case Approach. The research results indicate that criteria of force majeure which became the reason for termination of professional football players in PT Sriwijaya Optimis Mandiri is the state force due to policy or regulation. While its characteristics is a condition of force majeure are temporary, special, relative and temporer. Employment Agreement termination by reason of force majeure that meets the Fairness, because the player can accept the decision and made no effort to remedy , The value of justice is seen in this case is a commutative justice values that are proportional, where players can understand the difficulty of management FC although they are also in unfavorable conditions, because there is no power that can not be avoided. Professional soccer player employment agreement made by itself because consideration is simpler, faster and more economically, while the idea of employment agreement made by Notary very relevant for professional soccer players should certainly be treated professionally also in making the employment agreement work performed by the Notary profession. However, the urgency remains dependent on the will of the parties (voluntary).

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Kiselova, O. I., and Y. V. Nomirovskaya. "Peculiarities of termination of the employment agreement at the initiative of the owner or the authorized authority." Legal horizons, no. 22 (2020): 58–64. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p58.

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The article is devoted to clarifying the peculiarities of the procedure for termination of the employment contract at the initiative of the owner or his authorized body. The article analyzes the concepts of «termination of employment contract», «annulation of employment contract» and «dismissal». It was found that the annulation of the employment contract is the termination of employment by unilateral expression of the will of the party to the contract or a third party. It is determined that the employer, unlike the employee, may terminate the employment contract only in cases specified by law and in the manner prescribed by law. The grounds for annulation of the employment contract at the initiative of the employer can be divided into three groups: 1) related to production needs; 2) related to the identity of the employee in the absence of his fault; 3) related to the guilty actions of the employee. Termination of the employment contract at the initiative of the employer in connection with the guilty actions of the employee (committing a disciplinary offense) is through the application of disciplinary action in the form of dismissal. At the same time, both the general requirements for termination of the employment contract at the initiative of the owner or his authorized body (for example, prohibition of dismissal during temporary incapacity for work or during vacation) and the procedure for imposing disciplinary sanctions set by the Labor Code of Ukraine must be met. It was found that in each case the employer is obliged to prove the existence of appropriate grounds with appropriate evidence (these may be memos, decisions of the attestation commission, acts and materials of inspections, orders to impose disciplinary sanctions on the employee during the year, witness statements, etc.). It is determined that there is a need to legislate the list of entities that can be dismissed on additional grounds, as well as to clarify the concept of one-time gross violation of labor duties.

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GARIBALDI, PIETRO. "SEARCH UNEMPLOYMENT WITH ADVANCE NOTICE." Macroeconomic Dynamics 8, no. 1 (January 30, 2004): 51–75. http://dx.doi.org/10.1017/s1365100503020285.

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This paper studies the effects of employment protection legislation when job separation requires a mandatory advance notice or a firm's costly closure. In a tight labor market, firms use mandatory notice since job-to-job transitions reduce the expected firing costs. In a world without the lengthy procedure imposed by advance notice, job turnover is mainly accommodated by unemployment inflows. As notice length increases, the fraction of job turnover accounted for by job-to-job movements increases. These results are consistent with the fact that the North American and European markets, despite their difference in employment protection legislation, have different unemployment flows but similar job flows.

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Grygutis, Jakub. "MISSIO CANONICA AS A BASIS FOR EXISTING THE EMPLOMENT CONTRACT OF CATHOLIC CATHECHESIS." Roczniki Administracji i Prawa 1, no. XIX (June 30, 2019): 345–54. http://dx.doi.org/10.5604/01.3001.0013.3606.

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The subject of this article is description of the legal status of a Catholic catechesis related to entering and termination of his employment by principal of a public school. This article explains heterogeneous nature of this employment relationship and what role plays mission canonica in this matter. Moreover, the issue of termination an employment with a Catholic catechesis, who is no longer authorized by the Catholic Church to serve this function, is described along with relevant legal issues. Finally, de lege ferenda conclusions are drawn

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Stallworth, Lamont E., and Hugh Collins. "Justice in Dismissal-The Law of Termination of Employment." Industrial and Labor Relations Review 47, no. 4 (July 1994): 711. http://dx.doi.org/10.2307/2524671.

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Stahel, Werner A., and Mara Tableman. "Nonparametric methods for employment termination times with competing causes." Statistics and Its Interface 2, no. 1 (2009): 37–44. http://dx.doi.org/10.4310/sii.2009.v2.n1.a4.

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Lomakina, L. "Termination of employment contract by agreement of the parties." Gosudarstvo i pravo, no. 5 (May 2019): 106–11. http://dx.doi.org/10.31857/s013207690004866-4.

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ZELENSKYI, V. М. "EMPLOYMENT TERMINATION BY MUTUAL AGREEMENT: EXPEDIENCY OF WRITTEN CONSENT." Scientific Journal of Public and Private Law, no. 1 (2020): 96–100. http://dx.doi.org/10.32844/2618-1258.2020.1.17.

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