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Journal articles on the topic 'Standard Contract Forms'
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1
Davis, Richard O. "Advantages of Standard Contract Forms." Journal of Management in Engineering 2, no. 2 (1986): 79–90. http://dx.doi.org/10.1061/(asce)9742-597x(1986)2:2(79).
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Rameezdeen, Raufdeen, and Anushi Rodrigo. "Modifications to standard forms of contract: the impact on readability." Construction Economics and Building 14, no. 2 (2014): 31–40. http://dx.doi.org/10.5130/ajceb.v14i2.3778.
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Lack of clarity in contract documents can lead to disputes between contracting parties. Standard form contracts have evolved due to construction business becoming increasingly complex and the difficulty in drafting bespoke conditions of contract for each project. Numerous advantages have been identified in using standard forms of contract. However, clients often modify some clauses in order to include specific requirements for a project. While the consequences of ill-modifications to standard forms have been researched, no study has been done on the impact of these modifications on the clarity and readability of the document. Using 281 modified clauses from large infrastructure projects implemented in Sri Lanka, this study found that on balance modifications generally make the document more difficult to read; 60% of the sample clauses were more difficult to read compared to 40% becoming easier. More than 50% of the original and modified clauses were still at the ‘very difficult’ level of readability, which requires the equivalent of post-graduate level to understand. The study contends that modifications have not resulted in improved readability. The study highlights the necessity of clear and plain language when modifying contract documents.
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Zhe Huei, Ling, and Ting Sim Nee. "Time Provisions in Standard Forms of Local and International Construction Contract." Journal of Civil Engineering, Science and Technology 1, no. 2 (2010): 1–7. http://dx.doi.org/10.33736/jcest.78.2010.
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In any construction contract, the use terms and conditions in construction contract clauses has a great impact on the project performance, which in turn affects the achievement of the project completion date. Clauses within a contract should fit together to form a reasonably allocated risk among project parties and relevant to the complexity of projects. The General Condition clauses, which were looked at in this study, consist of the ones that relate to the time performance of the contract as well as that deal with action required at specific points in time within a contract. As we know, a clear and more complete General Condition documentation should end up with win-win situations for parties involved. If there are much unclear and even unknown information within the General Condition, the parties contracting will encounter uncertainties with relations to time that during the project execution. For the parties contracting, it is always to their advantage if more complete and comprehensive documentation used as it means fewer disputes, less conflicts, and time and energy saving during construction instead of claiming and debating over the provisions. The paper is to present an analysis on the time related clauses and provisions in the current local (used in Malaysia) and international construction contracts.
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Yasmin, Munnie. "Legal Liability in Standard Form of Contract." International Research Journal of Engineering, IT & Scientific Research 2, no. 9 (2016): 39. http://dx.doi.org/10.21744/irjeis.v2i9.233.
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The validity of standard form of contract is not necessary to be disputed. Standard form of contract has become a business necessity in relation to efficiency and effectiveness. The aspect of problems arising in the standard form of contract is the aspect of imbalance position of the parties. Standard form of contract is potential to be abused by parties having stronger bargaining power. One of the forms of the imbalence is the inclusion of exemption clauses which aims to limit or release the liability of one of the parties. Currently, the rules governing the exemption clause exists only in the Law No. 8 of 1999 on Consumer Protection (LCP). Article 18 of LCP governing the standard form of clause is limited to the extent of prohibited form and content, and only aimed at final consumer contracts. In reality, the standard form of clause is also found in commercial contracts which are not only on final consumers but also midst consumers. Based on this matter, it is necessary to elaborate the liabilities of the parties and state in drawing up standard form of contacts.
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Rameezdeen, Raufdeen, and Anushi Rodrigo. "Textual complexity of standard conditions used in the construction industry." Construction Economics and Building 13, no. 1 (2013): 1–12. http://dx.doi.org/10.5130/ajceb.v13i1.3046.
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Clearly written communication aids the understanding of construction contracts, resulting in less disputation. Past research, using opinion surveys rather than objective criteria, shows that construction contracts lack clarity and standard forms have become complex over time. The study outlined in this paper uses three objective measures of clarity developed by linguists to establish the readability of construction contracts. In addition, thirty industry professionals participated in a Cloze Test which measured the level of comprehension of clauses concerning disputes. The study verifies that contract conditions are very difficult to read, with college level reading skills needed to comprehend half of the clauses. However, the hypothesis that standard forms have become complex over time was not supported by the study. The study establishes a linear relationship between readability and comprehension, proving the hypothesis that improved readability increases the comprehension of a contract clause.
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Bae, dukhyun, and Choonghoon LEE. "Study on Standard Forms Contract of People"s Republic of China." Inha Law Review : The Institute of Legal Studies Inha University 21, no. 2 (2018): 155–86. http://dx.doi.org/10.22789/ihlr.2018.06.21.2.155.
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El-adaway, Islam, Salwa Fawzy, Thomas Allard, and Austin Runnels. "Change Order Provisions under National and International Standard Forms of Contract." Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 8, no. 3 (2016): 03716001. http://dx.doi.org/10.1061/(asce)la.1943-4170.0000187.
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Hertanto, Ari Wahyudi. "ASPEK-ASPEK HUKUM PERJANJIAN DISTRIBUTOR DAN KEAGENAN (SUATU ANALISIS KEPERDATAAN)." Jurnal Hukum & Pembangunan 37, no. 3 (2007): 381. http://dx.doi.org/10.21143/jhp.vol37.no3.150.
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AbstrakDistributor is formed on individual, partnership, company. association oranother legal which have, Handing position between producer and retailers.They have roles on purchasing, delivering or contracts of sale towardconsumption goods. Under Indonesian Civil Code system that contract iscategorized as innominat contract by that kind that has not been regulatedunder the system. But also under principal of Civil Code it might to be signedunder restrictions has not by act. sealed by not violence public order andethics. By respect through those principles then any signed contract becomeeffective as act for signed parties. The author here also indicates on practicetrends of applying standard contract thaI printed forms collectively. Inpractice it still giving any freedom beside that standard contract and for thedistributor's respect and bound himself to the whole of contract's structure
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Besaiso, Haytham, Peter Fenn, Margaret Emsley, and David Wright. "A comparison of the suitability of FIDIC and NEC conditions of contract in Palestine." Engineering, Construction and Architectural Management 25, no. 2 (2018): 241–56. http://dx.doi.org/10.1108/ecam-10-2016-0235.
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Purpose The standard forms of construction contract are receiving greater attention in the management of projects scholarship as they probably influence the project success and project disputes. The extant literature suggests that the standard forms of construction contract are one of the top sources of disputes. The purpose of this paper is to examine the effectiveness of the standard forms of construction contract, FIDIC and NEC, in reducing disputes in the Palestinian construction industry. Design/methodology/approach The researchers have used qualitative methods to collect data and more specifically have undertaken 12 semi-structured interviews. Findings The study reveals that the standard forms of construction contract can be a tool to minimise disputes, but certainly not to eradicate them, and NEC appears to be more capable than FIDIC to do so. Originality/value This study contributes to knowledge by bringing an industrial perspective into the role of standard forms of contract in disputes creation and avoidance. The interviewees, recurrent users of FIDIC contract, criticised certain features and expressions and proposed some solutions.
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Netto, Anne Magdaline, Sui Pheng Low, and Ai Ling Lo. "Legal implications of ISO 9000 QMS in standard forms of building contract." Training for Quality 5, no. 4 (1997): 169–77. http://dx.doi.org/10.1108/09684879710188176.
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El-adaway, Islam H., Ricky A. Vance, and Ibrahim S. Abotaleb. "Understanding Extension of Time under Different Standard Design-Build Forms of Contract." Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 12, no. 1 (2020): 04519031. http://dx.doi.org/10.1061/(asce)la.1943-4170.0000331.
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Svichkarova, Yaroslava. "Attempt № 2 on “improvement of labor legislation on the concepts of non-standard forms of employment” (zero-hours contract)." Law and innovations, no. 1 (33) (April 5, 2021): 46–54. http://dx.doi.org/10.37772/2518-1718-2021-1(33)-7.
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Problem setting. Nowadays one of the little-studied forms of atypical employment in the science of labor law is on-call work. At the end of 2020, the Ministry of Economic Development, Trade and Agriculture of Ukraine prepared a draft Law of Ukraine “On Amendments to the Labor Code of Ukraine to regulate some non-standard forms of employment”, which proposed the construction of a zero-hours contract. This was the second “attempt” to introduce the construction of such an employment contract. If we analyze the definition and content of the zero-hours contract contained in the project, we can see that it does not apply to the contract with zero working hours, nor to the contract “minimum-maximum”. This raises a number of questions about its legal regulation and its applicability in practice. Analysis of resent researches and publications. The legal regulation of atypical employment has been analysed by S. Golovin, I. Kiselev, A. Lushnikov, M. Lushnikova, D. Morozov, O. Motsna, N. Nikitina, O. Protsevskyy, O. Rymkevych, V. Soifer, O. Yaroshenko. At the same time, the scientific literature has not yet developed uniform approaches to defining on-call work, the agreements that apply to it, and possible ways of its legal regulation. Аrticle’s main body. “On-call work” is a generalizing concept in relation to both “zero hours” and “minimummaximum” contracts. Based on the etymological meaning of the word “challenge” – a request or demand to appear somewhere, “work on call implies that the employee performs labor functions only when he is invited (called) by the employer. What the minimum-maximum and zero-hour contracts have in common is that the employer has no obligation to hire the employee. The zero-hours contract, which was presented in the draft, does not fully apply to contracts with zero working hours, nor to contracts “minimum-maximum”, and in our opinion, its legal structure needs careful refinement. Conclusions and prospects for the development. In modern conditions, a contract on call can be attractive only to people who are unstable to work (for example, students, retirees, housewives) or those who are looking for an additional source of income. Therefore, we believe that the developers of regulations that will regulate the relations arising from non-standard forms of employment, it would be more appropriate to pay attention to the contract “minimum-maximum”, which is a more optimal form for regulating work on call. The introduction of a domestic employment contract on call will contribute to the legalization of this type of labor relations, while, in our opinion, the protective function of labor law should remain a priority in relation to the economic function.
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Nabi, Mohamad Abdul, Gasser Ali, Islam H. El-adaway, Louis A. Garza, Samuel Tichy, and Jacob Girse. "Contractual Guidelines for Substantial Completion under National Design-Build Standard Forms of Contract." Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 13, no. 1 (2021): 04520043. http://dx.doi.org/10.1061/(asce)la.1943-4170.0000451.
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Nee, Ting Sim, and Chin Lin Wei. "Selection Criteria and the Related Sub-Criteria for the Selection of Standard Form of Contract for Construction Projects in Sarawak." Journal of Civil Engineering, Science and Technology 4, no. 2 (2013): 34–39. http://dx.doi.org/10.33736/jcest.117.2013.
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Construction contract refers to an agreement which in enforced by law; standard form is printed form of contract to define responsibilities to various parties involved to complete the construction works. Malaysian construction industry relies essentially on a number of standard forms namely the JKR Sarawak Form of Contract, PWD 203A, PAM, IEM and CIDB forms to execute its construction projects. However, with the number of choices available and without a clear selection guide, selection of an appropriate standard form for the particular projects has hinged on the familiarity of the form users with the particular form. This study aims to identify the selection criteria that can be used for standard form selection. The study form looks into the current practice and how decisions are made to select the appropriate standard form. Selection criteria are identified and this research carried out verification works with local construction industry players via questionnaire survey method. Results from questionnaire survey also indicated that standard forms are usually predetermined by the client in tender stage. It is also shown that some of the respondents have limited exposure to certain standard forms of contract. With the selection criteria identified, it is hopeful that a selection guideline can be developed.
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MacDonald, Elizabeth. "Incorporation of contract terms by a ‘consistent course of dealing’." Legal Studies 8, no. 1 (1988): 48–60. http://dx.doi.org/10.1111/j.1748-121x.1988.tb00376.x.
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What little empirical work there has been in the field of contract law has revealed that the parties do not always regard the legal enforceability of their agreements as a high priority. Problems arise when this attitude is combined with the use of standard terms by one or both parties. Perhaps the best known example ofthis is the ‘battle ofthe forms standard forms are exchanged with no attention being given to their inconsistencies and it then becomes very difficult to determine which set of terms actually form the basis of the contract. Another problem occurs where the parties have carefully negotiated some part of their contract only to discover, when a dispute arises, that it is inconsistent with the standard terms which were incorporated into the contract and to which neither party had paid much attention. This article is concerned with the problem which occurs when one party has a set ofstandard terms but has introduced them into the transaction after the contract has been concluded.
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Abdul Nabi, Mohamad, Islam H. El-adaway, Sara Fayek, Cabot Howell, and John Gambatese. "Contractual Guidelines for Construction Safety–Related Issues under Design–Build Standard Forms of Contract." Journal of Construction Engineering and Management 146, no. 7 (2020): 04020074. http://dx.doi.org/10.1061/(asce)co.1943-7862.0001855.
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Abotaleb, Ibrahim S., and Islam H. El-adaway. "Administering Employers’ Payment Obligations under National and International Design–Build Standard Forms of Contract." Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 9, no. 2 (2017): 04517003. http://dx.doi.org/10.1061/(asce)la.1943-4170.0000213.
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Malacka, Michal. "General commercial terms and standard-form contracts in international business relations." Bratislava Law Review 2, no. 2 (2018): 30–47. http://dx.doi.org/10.46282/blr.2018.2.2.102.
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The present paper discusses the importance of general commercial terms and business conditions as basis for the conclusion of commercial contracts. The paper describes the historical development of general commercial terms and the increasing importance of individually stipulated standard-form contracts as well as the influence of both legal sources on the contract practice in international trade. The notion “general commercial terms” (abbr. GCT) designates proposals for standard contracts as produced in many cases by neutral experts of national and international organizations, whereas the notions “terms of business” or “general terms of business” refer to standardform contracts which one party to a contract or both submit and which are accepted by the parties as basis of their negotiations. Subsequently, the advantages and disadvantages associated with the use of general commercial terms on the one hand, and individually negotiated terms of business on the other will be identified. The paper also distinguishes general contract conditions according to their types and formations, both from the point of view of international law and with regard to Czech statute law, as it is established mainly in the Civil Code. However, this paper does not only present the legal issues affiliated with the employment of general commercial terms and “parties’ terms of business”, it also focuses on the economic aspects of the use of established contract forms and conditions. Likewise, the paper is working out the areas where general commercial terms are applied in international trade and it points at important international organizations that work with, or contribute to, general commercial terms, such as the International Chamber of Commerce (ICC), the Institute for the Unification of Private Law (UNIDROIT), and the United Nations Commission on International Trade Law (UNCITRAL) etc. Thus, the work shall demonstrate the importance and indispensability of general contract terms and individually submitted and negotiated terms of business in the trade of goods, whether international or national.
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Fawzy, Salwa A., and Islam H. El-adaway. "Time At Large within the Common Law Legal System: Application to Standard Forms of Contract." Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 6, no. 1 (2014): 04513002. http://dx.doi.org/10.1061/(asce)la.1943-4170.0000124.
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Wertheimer, Alan. "Unconscionability and Contracts." Business Ethics Quarterly 2, no. 4 (1992): 479–96. http://dx.doi.org/10.2307/3857584.
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This article considers the principles that underlie the claim that some contracts are unconscionable and that such contracts should not be enforceable. It argues that it is much more difficult to explain unconscionability than is often supposed, particularly in cases where the contract is mutually advantageous or Pareto superior. Among other things, the article considers whether unconscionability is a defect in process or result, whether the gains in an unconscionable contract are disproportionate, whether there is a strong link between the use of standard forms and unconscionability, and whether the principle of inequality of bargaining power can account for unconscionability. After rejecting several standard explanations of unconscionability, I consider several alternative ways in which it might be explained.
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Nee, Ting Sim, Samuel Nadarajan, and Andrew Whyte. "Reviews of Cases of Construction Disputes in Malaysia and its Relation with Standard Form of Construction Contract." Advanced Materials Research 831 (December 2013): 191–96. http://dx.doi.org/10.4028/www.scientific.net/amr.831.191.
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In Malaysia itself, the construction industry has well governed the economic trend and providing the pathway towards modernization. Construction industry is a huge process that involves many activities in different phases and participation of various professions. The complexity of this industry has made it closely linked to disputes. There are always possibilities of dispute occurrence even when almost all projects are governed by their respective contracts. This study is initiated to find the relationship of standard forms of contract with construction disputes. The focus of this study will be on the construction disputes litigation cases in Malaysia reported to the Current Law Journal (CLJ) between year 1999-2009. The secondary data for this study is obtained from questionnaire survey distributed throughout Malaysia, which looks into construction dispute cases that were not referred to formal law journals. Research findings identified that all projects are governed by standard forms and even though the parameters causing construction dispute are actually monitored by the standard form itself, disputes are not declining or effectively resolved, and hence, making the standard forms as one of the the major causes of construction disputes.
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Xie, Haiyan, and Hua Liu. "Studying Contract Provisions of Shared Responsibilities for Integrated Project Delivery under National and International Standard Forms." Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 9, no. 3 (2017): 04517009. http://dx.doi.org/10.1061/(asce)la.1943-4170.0000220.
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Saad, Youssef G. "Deliverable accountability, change management and breach in consultancy contracts: A comparative study of world bank versus europeaid funded projects." Journal of Public Procurement 17, no. 4 (2017): 525–71. http://dx.doi.org/10.1108/jopp-17-04-2017-b003.
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A considerable proportion of donor aid is dedicated to technical assistance to support developing countries in their development initiatives. The majority of this aid comes from globally-operating international donors including the World Bank and the European Union. In spite of several harmonization attempts, there still exist major differences in their procurement regulations and standard contracts. Based on an extensive literature review on consulting services and an in-depth analysis of the standard forms of contract, it was found that divergence between both forms is not only clear but also paradigmatic owing mainly to market orientation paradigm differences. The findings and recommendations help advance research on and practice of various types of consultancy services in general.
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Rödl, Florian. "Justice in Contract, no Justice in the Background." European Review of Contract Law 17, no. 2 (2021): 157–69. http://dx.doi.org/10.1515/ercl-2021-2024.
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Abstract In the first part of his book, Peter Benson elaborates for the common law that fairness in exchange is not only a fundamental principle of contract law, but that it is, moreover, conceptually rooted in the idea of private autonomy. For the common law presumes that a party to a contract intends, in principle, to exchange performance at its value and on fair terms. The following comment shows that this presumption also animates German contract law, including the rules on the review of standard terms. In the second part, Benson develops the image of a harmonious complementarity of private law, which is characterised by transactional justice, and public law, which instantiates distributive justice. The following comment disputes the claimed harmony by demonstrating the fundamental asymmetry in the institutionalisation of both forms of justice in civil society.
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Mason, Pamela A. "Rhetorics of “the People”: The Supreme Court, the Social Contract, and the Constitution." Review of Politics 61, no. 2 (1999): 275–302. http://dx.doi.org/10.1017/s0034670500052001.
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This article explores the federal judiciary's use of eighteenth–century social contract theory inUnited States v. Verdugo–Urquidez(494 US 259) to interpret the constitutional rhetoric of “the people” for our time. The principal version of social contract theory at play inVerdugorecalls a republican ideology which forms an old and volatile current in American political thought, an ideology which supports a far more exclusionary standard of membership in the nation than has obtained for most of this century, and which has important implications for the construction of political authority it is enlisted to support.
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Piwowar-Sulej, Katarzyna, and Dominika Bąk-Grabowska. "The Impact of Mandate Contract and Self-Employment on Workers’ Health—Evidence from Poland." International Journal of Environmental Research and Public Health 18, no. 6 (2021): 3138. http://dx.doi.org/10.3390/ijerph18063138.
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The purpose of the study is to analyze the correlations between two clearly defined forms of non-standard employment (self-employment and mandate contract) and workers’ health. The study also addressed such variables as gender, age, length of service, and the reason for employment (voluntary vs. non-voluntary). The research was carried out in Poland in 2020 using the CATI method (a telephone interviewing technique), and it covered a sample of 200 workers (100 self-employed and 100 working under a mandate contract). Most of the respondents declared that their form of employment did not affect their health. However, the statistical analysis showed significant differences in health status between the self-employed and those working on a mandate contract. Self-employed respondents experienced mental health impacts more often, whereas those working under a mandate contract more frequently declared that their physical health was affected. The length of service was only important for mental health, having a negative impact on it. The respondents’ age and gender turned out to be statistically insignificant, which is in contradiction to many previous research findings. The inability to choose one’s form of employment resulted in worse physical health. These findings demonstrate the importance of certain variables that were not prioritized in previous studies and emphasize the need to clearly define what non-standard and precarious forms of employment are, as well as revealing new correlations between the studied categories and providing directions for further research.
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Schoukens, Paul, and Alberto Barrio. "The changing concept of work." European Labour Law Journal 8, no. 4 (2017): 306–32. http://dx.doi.org/10.1177/2031952517743871.
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In most countries, a standard (or core) model of employment relationship (i.e. full-time work under an open-ended employment contract) typically receives the greatest labour and social security protection, with divergent work arrangements receiving less protection in correlation to the magnitude of the differences between the former and the latter. However, recent developments concerning non-standard forms of work may question this dynamic. In this article, we examine the nature and current evolution of the standard employment relationship, then analyse how other forms of work deviate from this standard. In order to do so, we draw on the conclusions of the numerous studies recently published by scholars and international organisations in the wake of the growing public debate on the ‘new world of work’. Afterwards, we analyse the situation of non-standard workers under certain social security systems, in order to determine how those systems have approached the divergent character of these forms of work. This leads us to identify the main challenges that social security systems experience when faced with non-standard forms of work. The article concludes by addressing the need to adapt the basic principles of social security to the atypical features of non-standard work.
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Mewomo, Modupe Cecilia, Clinton Aigbavboa, and Portia Lesalane. "An Examination of the Key Drivers of Amendments to the Standard Forms of Contract in the South African Construction Industry." Journal of Construction in Developing Countries 23, no. 1 (2018): 115–24. http://dx.doi.org/10.21315/jcdc2018.23.1.7.
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Mustaffa, Nur Emma, Hamizah Liyana Tajul Ariffin, Norazam Othman, and Shahida Shaima Shamsudin. "Application of direct payment clause 30A.0 of the Asian International Arbitration Centre (AIAC) Standard Form of Contract (with quantities)." International Journal of Built Environment and Sustainability 6, no. 1 (2019): 44–50. http://dx.doi.org/10.11113/ijbes.v6.n1.329.
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Conditional payment such as “pay when paid” or “pay if paid” can create negative chain effect on the parties in construction projects, resulting in delay on the completion of a project, adversarialism and may affect a contractor’s reputation. Asian International Arbitration Centre (AIAC) has launched a standard form of contract which is Construction Industry Payment Adjudication Act (CIPAA) compliance with the aim to reduce payment issues. The aim of the research is to identify whether the clause for “direct payment under CIPAA 2012” of the new AIAC standard form of contract can facilitate problems in direct payment. In achieving the aim of the research, five legal cases were analysed and thirty questionnaires forms were distributed. Legal cases analysis findings highlighted that the major reasons of the direct payment issue being referred to court is due to the validity of the direct payment agreement between the disputant’s parties. Based on the cases heard before CIPAA enactment, the findings show that out of the three cases, the disputants went to litigation because of the legality of direct payment agreements. Most of the agreements were made orally. For cases analysed after CIPAA was enacted, the findings show that the disputant parties do not opt for adjudication and that the main contractors try to mitigate their responsibilities to the employer. The results from the questionnaires distributed established that, the direct payment clause could be successfully adopted for future use of the industry. Eventhough the AIAC standard form of contract has been formally introduced to the industry, but it is not widely used. From the findings of the questionnaire, it shows that with encouragement and support from the industry, direct payment clause of AIAC standard form of contract have the potential in reducing payment issues in the future. With the remodeling of standard form of contracts that are available in construction industry to be CIPAA compliance , it is hoped that this move may scale down the prevalent payment issues in Malaysian construction industry.
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Khanderia, Saloni. "International Approaches as Plausible Solutions to Resolve the Battle of Forms under the Indian Law of Contract." Global Journal of Comparative Law 8, no. 1 (2019): 1–26. http://dx.doi.org/10.1163/2211906x-00801001.
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The Indian court’s rigid application of the last-shot rule to resolve the problem of the battle of forms among conflicting standard terms in domestic disputes has resulted in unreasonableness and has fostered the conclusion of contracts in bad faith. Likewise, although there is substantial evidence to prove the existence of party autonomy in the choice of law and jurisdiction under Indian private international law, its courts have failed to delineate a coherent solution for “battles” arising on these aspects. The paper thus examines the plausibility of employing the solutions prescribed by the unidroit’s Principles on International Commercial Contracts and the Hague Conference on Private International Law’s Hague Principles on Choice of Law in International Commercial Contracts on the subject, as gap-fillers to interpret, supplement or develop the Indian national and private international law.
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Aranguiz, Ane, and Bartłomiej Bednarowicz. "Adapt or perish: Recent developments on social protection in the EU under a gig deal of pressure." European Labour Law Journal 9, no. 4 (2018): 329–45. http://dx.doi.org/10.1177/2031952518817569.
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In times of the so-called gig economy, access to an adequate level of social protection should not depend on whether or not a person is working on a standard employment contract. Access to social protection for non-standard forms of labour and self-employment is, as a matter of fact, one of the main themes being discussed at the moment within the debates surrounding the European Pillar of Social Rights. This article aims at assessing the recent initiatives at the EU level that have the objective of ensuring access to social protection for all and both granting and enforcing transparent and predictable working conditions for workers. Accordingly, this contribution first sheds some light on the discussion on non-standard forms of labour and the problematics surrounding the emergence of new forms of labour to later analyse the new EU initiatives, in particular, the proposal for a Recommendation on access to social protection for workers and the self-employed. It concludes by welcoming the recent position of the EU with regard to such challenges, yet emphasising also the need to do more.
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Jo, Teoh Ming, Siti Salwa Mohd Ishak, and Zul Zakiyuddin Ahmad Rashid. "Overview of the Legal Aspects and Contract Requirements of the BIM Practice in Malaysian Construction Industry." MATEC Web of Conferences 203 (2018): 02011. http://dx.doi.org/10.1051/matecconf/201820302011.
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Legal, contractual issues and the absence of appropriate protocols have been ranked as critical barriers associated with the implementation of Building Information Modelling (BIM). As to date, these issues are under studied and there is lack of framework addressing legal and contractual measures ensuring contract best practice in BIM project setting and legal environment in Malaysia. This research attempts to review legal issues and two common local standard forms of contract in order to highlight provisions to suit BIM practice. The potential legal issues that were drawn from literature review are ownership of BIM model, intellectual property rights, level of development of the model, model management, allocation of risk, and schedule of deliverables. Appropriate adjustment or inclusion of the clauses or the contract contents is proposed, it could then be made to fit BIM practice.
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Monusova, Galina A. "Type of Employment Contract and Subjective well-being." Sociological Journal 25, no. 3 (2019): 46–66. http://dx.doi.org/10.19181/socjour.2019.25.3.6675.
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Transformation of the industrial relations in the European countries is often associated with the expansion of various non-standard forms of employment, among which is temporary or fixed-term employment. Fixed-term contracts are associated with erosion of the existing social model, and can affect objective (like earnings and working conditions) as well as subjective (like satisfaction or feelings of stress) workers’ well-being. The focus of this study is the subjective well-being of those who have fixed-term employment contract in comparison with holders of the open-ended contract. Sociological research literature sees often temporary employment as “precarious” and “socially deficient”, and associated with a very low level of social well-being. This study tries to show that the relationship between the type of employment contract and subjective well-being is not simple and causal, and reflects the impact of confounding factors like the quality of human capital and the composition of jobs filled with temporary workers. This conclusion has important implications for economic and social policy. The empirical analysis exploits data from the European Social Survey (ESS, 2012– 2016) and looks at such dimensions as life and job satisfaction, social status assessment, psychological depression and anxiety, expectations of losing work and income over the next 12 months. The results indicate ambiguity of the effect of temporary employment on the subjective assessments. Different indicators respond differently to the type of contract. Workers with similar human capital and occupying comparable jobs tend to show comparable levels of present subjective well-being regardless of the contract type they possess. However, fixed-term contracts are more likely to generate depression, anxiety and uncertainty about future prospects.
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Omotayo, Temitope, Alireza Moghayedi, Bankole Awuzie, and Saheed Ajayi. "Infrastructure Elements for Smart Campuses: A Bibliometric Analysis." Sustainability 13, no. 14 (2021): 7960. http://dx.doi.org/10.3390/su13147960.
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Sustainable development can be attained at a microlevel and having smart campuses around the world presents an opportunity to achieve city-wide smartness. In the process of attaining smartness on campuses, the elements requiring attention must be investigated. There are many publications on smart campuses, and this investigation used the bibliometric analysis method to identify such publications produced over the last decade. A matrix of 578 nodes and 3217 edges was developed from 285 publications on smart campus construction and procurement. Fifteen cluster themes were produced from the bibliometric analysis. The findings revealed that China contributed 48.4% of all published articles on the smart campus. The findings presented a framework from the cluster themes under the four broad infrastructure areas of building construction or repurposing, technology and IT network, continuous improvement, and smart learning and teaching management. The implications of the findings identified that IT project management, traditional procurement strategy, and standard forms of contracts such as the New Engineering Contract (NEC) and the Joint Contract Tribunal (JCT) are applicable in the procurement of smart cities.
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Langeard, Chloé. "Unemployment Benefit at Work. The Appropriation of a Public Policy by Intermittent Workers in the Performing Arts in France." Swiss Journal of Sociology 43, no. 2 (2017): 285–308. http://dx.doi.org/10.1515/sjs-2017-0016.
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Abstract The rise of atypical forms of employment invites us to scrutinize unemployment benefit provision. Unlike the modern world of employment, based on “standard employment contract,” wage-earners in the performing arts advocate for the highly flexible regime of “intermittent” employment. Through the study of the effects of a deregulated market on careers, status and meaning of work, shared by atypical wage-earners, our aim is to understand the informal role of this compensation policy for their self-conception.
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Plantenga, Janneke, and Chantal Remery. "Organisation of work and working times in IT." Transfer: European Review of Labour and Research 8, no. 3 (2002): 467–78. http://dx.doi.org/10.1177/102425890200800310.
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This article explores the organisation of work and working times in IT. It builds on case-studies in five European countries: Denmark, Germany, Finland, the Netherlands and the UK. At first glance, the organisation of work and working time seems quite traditional: a full-time permanent contract is still the standard. Yet, new forms of employment do occur. Relevant factors in this respect are the nature of the service provided, the nature of the workforce and flexibility requirements.
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Nisrina, Disa Nusia. "Upaya Perlindungan Konsumen terhadap Akad Klausula Baku (Studi pada Pengadilan Agama Makassar Klas IA)." Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam 5, no. 2 (2018): 187. http://dx.doi.org/10.24252/al-qadau.v5i2.7102.
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Penerapan akad klausula baku semakin banyak seiring berkembangnya berbagai macam bentuk transaksi dalam perbankan syariah dan lembaga keuangan Islam lainya, akad baku masih sering menggunakan klausula eksemsi yang mengandung pembatasan tindakan kepada konsumen dalam melakukan kegiatan bisnis, hal ini sering memicu terjadinya konflik atau sengketa dalam perjanjian. Sehingga, jika terjadi sengketa antara konsumen dengan lembaga keuangan syariah khususnya perbankan syariah maka dibutuhkan peran pengadilan agama dalam melindungi hak-hak konsumen. Pokok masalah yang dikaji dalam penelitian ini adalah bagaimana upaya perlindungan konsumen terhadap akad klausul baku di Pengadilan Agama kota Makassar?. Metode yang digunakan dalam artikel ini adalah lapangan (field research kualitatif) dengan pendekatan teologis-Syari, dan yuridis-normatif, serta studi kasus. Setelah penelitian dan pengkajian dilakukan maka ditemukan bahwa, hakim memiliki upaya korektif untuk memperbaharui akad baku yang memberatkan konsumen dalam menjalankanya, upaya tersebut diharapkan dapat melindungi hak-hak konsumen, diantara bentuk upaya korektif tersebut adalah rescheduling yakni penjadwalan ulang, reconditioning merupakan persyaratan kembali dan restrukturisasi adalah penataan ulangThe implementation of standard contract is increasing as various forms of transactions develop in Islamic banking and other Islamic financial institutions, standard contract still often use exclusion clauses that contain restrictions on actions for consumers in conducting business activities, this often triggers conflicts or disputes in agreement. So, if there is a dispute between consumers and Islamic financial institutions, especially Islamic banking, the role of Islamic courts is needed in protecting consumer rights. The subject matter examined in this study is how to protect consumers against the standard clause contract in the Makassar City Religion Court?. The method used in this article is a field (field research qualitative) with a theological-Syari approach, and juridical-normative, as well as case studies. Upon research and accomplishment of this study it is found that, the judge has a corrective effort to renew the standard contract which is burdensome for the consumer in carrying out it. The effort is expected to protect consumer rights. Among the corrective efforts is rescheduling, reconditioning and restructuring
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НAVINSKA, Elena. "LAND PARCEL LEASE: LEGAL ASPECTS." "EСONOMY. FINANСES. MANAGEMENT: Topical issues of science and practical activity", no. 9 (49) (September 25, 2019): 143–50. http://dx.doi.org/10.37128/2411-4413-2019-9-16.
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The article deals with the legal aspects of registration and registration of leases of land shares, changes in the terms of the contract or its termination, the moment when the right to lease land shares. The procedure of land lease, which is carried out in accordance with the Law of Ukraine "On Land Lease" and the decree of the Cabinet of Ministers of Ukraine "On approval of a standard lease of land", defines the basic provisions of land lease, forms, conditions and procedure for concluding a lease. Among the most common questions of unit owners, the most relevant and open question is the innovations in the process of concluding a lease of land. Before the answers to the above questions are presented, the algorithm of registration of land lease (share) lease agreements is considered, first of all, attention is paid to the presence in the contract, except for essential conditions, of additional.
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Nikulin, Dagmara, and Sabina Szymczak. "Effect of the integration into Global Value Chains on the employment contract in Central and Eastern European countries." Equilibrium 15, no. 2 (2020): 275–94. http://dx.doi.org/10.24136/eq.2020.013.
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Research background: In the era of globalization, there is a need to address decent work deficits in Global Value Chains (GVCs). The forms of working conditions reveal a broad dispersion of contents. The literature review exposes hardly any Europe-focused research assessing the socio-economic impact of global production links and going beyond their pure economic effects assessed in terms of employment, productivity or wages.
 Purpose of the article: This paper investigates how involvement in GVCs affects labor standards. In particular, we assess how the integration into GVCs impacts the probability of having indefinite type of employment contract, which stands for one of the decent work indicator. Moreover, we draw individual and firm-level characteristics determining the type of employment contract.
 Methods: We use linked employer-employee data from the Structure of Earnings Survey merged with industry-level statistics on GVCs based on World Input-Output Database — the sample is composed of over 5 million workers from 10 Central and Eastern European countries (CEEC) observed in 2014. The involvement into GVCs is measured using a novel approach based on the concepts of global import intensity (GII). We employ logistic regression with robust standard errors.
 Findings & Value added: Controlling for individual and firm-level characteristics (sex, age, education level, length of service in enterprise, size of the enterprise) we find that greater integration into GVCs increases the probability of having temporary type of employment contact, mainly in tradable sectors. However, across CEE countries the relation between GVC and employment type is mixed. In this way we expand the existing literature by reporting the effects of GVCs on labor standards in CEEC.
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Rasolipour, Rasoul, Mohammd Roshan, and Shapour Nikandam. "Main Reasons against Unnatural Marriage and Its Wreckful Role in the Institution of Marriage and Family." Journal of Politics and Law 9, no. 7 (2016): 9. http://dx.doi.org/10.5539/jpl.v9n7p9.
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<p>The role of marriage and family strengthening with regard to religious commandments and ethics is not concealed from people who follow the divine commands and basic teachings of the Holy books and prophets. However, nowadays in many western societies, the principles of natural marriage are violated. The new forms of marriage are called abnormal, unnatural, and unusual forms of marriage among individuals including the same or opposite sex. Unnatural marriage can’t be classified as a natural and legal contract. Note that both natural and unnatural forms of marriage have their own principles. Therefore, the recent research aims at analyzing the main reasons against unnatural marriage using analytical and library methods with regard to the fact that unnatural marriage has threatened standard marriage and family foundation. In this research, we rely on verses of Quran. All the data have been gathered by experts in the field of family affairs especially those who witnessed homosexual marriage and observed both personal and social difficulties of homosexual individuals. </p>
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Vishnjakova, M. "Suspension of the employment contract: legal nature and perspectives of law enforcement." Law Enforcement Review 2, no. 4 (2018): 137–43. http://dx.doi.org/10.24147/2542-1514.2018.2(4).137-143.
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The subject of the paper is legal nature of suspension of the employment contract.The main aim of the paper is to confirm or disprove the hypothesis that it would be reasonable to provide for the possibility of suspension of the employment contract.The methodology of the study includes general scientific methods (analysis, synthesis, description) as well as particular academic legal methods (formal-legal method, interpretation of legal acts). The main results and scope of their application. Changes in industrialization and the global economic crisis inevitably lead to the fact that the standard schemes of relations between the employee and the employer do not meet the requirements of modern times. It needs to revise the structures of regulation of labour relations in Russian labor law. The suspension of an employment contract must be temporary and must continue until the circumstances giving rise to the suspension have been eliminated. The usage suspension of the employment contract entails the need for direct determination of the following guarantees for employees for the entire period: preservation of the employee's place of work (position); prohibition of dismissal of an employee on the initiative of the employer; inclusion of suspension period in the length of seniority for annual basic paid leave; preservation of the employee’s right to get a job with another employer on a part-time basis. The usage of suspension of the employment contract will allow to regulate new forms of employment activity: temporary redeployment of the employee to another employer and secondment into the labor law.Conclusions. It would be reasonable to provide for the possibility of suspension of the employment contract.
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Druzhilov, S. A. "Issues of non-standard employment: social and hygienic aspects." Russian Journal of Occupational Health and Industrial Ecology, no. 6 (July 10, 2020): 392–98. http://dx.doi.org/10.31089/1026-9428-2020-60-6-392-398.
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Drastic transformations of the social and labor sphere have led to the emergence of new health risks and sanitary and hygienic problems associated with unreliability of employment. A new socio-economic and psychological phenomenon “precarity” has emerged, which has aff ected the employment conditions of employees, so the description of the phenomenon “precarity” needs to be clarifi ed.The forms of labor employment that diff er from the typical model and worsen the employee’s situation are considered. The criteria based on which non-standard employment is considered unstable are given.Generalized types of unstable employment are identifi ed, the specifi city of which is determined by a combination of two factors: working time and the term of the contract. Unstable working conditions are possible not only in informal employment, but also in legal labor relations. Unreliability and instability of labor has an objective character and is a natural manifestation of the emerging economic and social order. The phenomenon of “precarity of employment” appears as a new determinant of the health of employees. The main feature when referring employment and labor relations to the phenomenon of “precarity” is their unreliability.Specifies the terms used: “precariat”; “precarious work”; precompact; the precariat. An essential characteristic of precarious employment is the violation of social and labor rights and lack of job security. A significant indicator of precarity is underemployment. Precarity induces the potential danger of dismissal of the employee and the resulting stress, psychosomatic disorders and pathological processes in the psyche.Precarious employment and related labor relations have become widespread. Many employees are deprived of social guarantees, including those related to labor safety, payment for holidays and temporary disability, and provision of preventive measures. Th is leads to a violation of the state of well-being, as well as the deterioration of individual and public health.
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Mohd Zin, Shahrizal, Nur Ezan Rahmat, Abdul Mu’iz Abdul Razak, Nik Hasbi Fathi, and I. Nyoman Putu Budiartha. "A Proposed Pandemic Clause for Force Majeure Events under Construction Contracts in Malaysia." Environment-Behaviour Proceedings Journal 6, no. 16 (2021): 33–37. http://dx.doi.org/10.21834/ebpj.v6i16.2733.
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The construction industry is not spared from the adverse effect of the Covid-19 pandemic. This paper aims to identify the triggering events of Force Majeure under the standard forms of construction contract in Malaysia and determine the extent to which the relevant provisions in these contracts apply to the Force Majeure events during the pandemic. This research employs a qualitative research methodology, and the outcomes will help clarify the grey area of Force Majeure law caused by a global pandemic. It proposes guidelines to the construction industry when dealing with a similar disruption caused by an outbreak of the disease. Keywords: pandemic clause, Force Majeure, construction contracts eISSN: 2398-4287© 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v6i16.2733
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Cho, Jaeyong, Junggon Kim, and Hyeonggeun Park. "A Comparative Study on the Nominated Subcontractor (NSC) System of Building Construction Project in Asian Commonwealth of Nations - Focused on the NSC Clause Analysis of Standard Contract Forms -." Korean Journal of Construction Engineering and Management 15, no. 3 (2014): 12–22. http://dx.doi.org/10.6106/kjcem.2014.15.3.012.
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Zavyalova, E. B., and I. V. Linev. "LEASING AS FORM OF STATE-PRIVATE PARTNERSHIP." MGIMO Review of International Relations, no. 4(31) (August 28, 2013): 251–56. http://dx.doi.org/10.24833/2071-8160-2013-4-31-251-256.
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In economy of a number of foreign countries alternatively privatizations of objects, the publicprivate partnership (PPP) concept is widely applied. Interaction of the state and business is characteristic feature of modern mixed economy. The specified partnership is realized with use of diverse models and can accept various forms. The task consists in choosing such form (a legal ground of realization of concrete model) at which PPP will be the most rational and effective. The leasing possessing financial, investment, organizational and operational, service, practical and other advantages, represents one of the most acceptable PPP forms, for realization in modern conditions of domestic economy. The specified advantages of the parties of the contract of leasing and its fundamental difference from the rent, being that when leasing the private sector, entering partnership with the state, not only applies administrative skills, but also invests the capital, are preconditions for its widespread introduction. At the same time, as a whole positive dynamics of development of the market of leasing in the Russian Federation has no steady character. The situation can be broken if return of invested funds is guaranteed to the investor (including foreign) and it will have an opportunity to profit. As the option of a solution is offered to apply non-standard approaches at implementation of leasing operations, in particular - with scoring use. It is necessary to emphasize that application of scoring most effectively when the leasing market is on lifting and demanded there is an efficiency of an assessment of the project and a standart of procedures, and the speed of service of the participants of the leasing contract plays one of leading roles. This advantage, becomes a shortcoming at the current situation in the market when more weighed assessment of risks is required, and for this reason skoring models demand continuous completion and updating with frequency of times in one and a half-two years. Leasing application as the PPP forms, not only the professional experience, effective management, flexibility and efficiency in decision-making will provide, ability to innovation, but also will provide serious investment activity. It in turn will allow to introduce new equipment and more effective technologies, to create the new enterprises, on a labor market to increase demand for highly skilled workers.
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Wright, Chris F., Alex J. Wood, Jonathan Trevor, et al. "Towards a new web of rules." Employee Relations: The International Journal 41, no. 2 (2019): 313–30. http://dx.doi.org/10.1108/er-10-2018-0259.
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PurposeThe purpose of this paper is to review “institutional experimentation” for protecting workers in response to the contraction of the standard employment relationship and the corresponding rise of “non-standard” forms of paid work.Design/methodology/approachThe paper draws on the existing research and knowledge base of the authors as well as a thorough review of the extant literature relating to: non-standard employment contracts; sources of labour supply engaging in non-standard work; exogenous pressures on the employment relationship; intermediaries that separate the management from the control of labour; and entities that subvert the employment relationship.FindingsPost-war industrial relations scholars characterised the traditional regulatory model of collective bargaining and the standard employment contract as a “web of rules”. As work relations have become more market mediated, new institutional arrangements have developed to govern these relations and regulate the terms of engagement. The paper argues that these are indicative of an emergent “patchwork of rules” which are instructive for scholars, policymakers, workers’ representatives and employers seeking solutions to the contraction of the traditional regulatory model.Research limitations/implicationsWhile the review of the institutional experimentation is potentially instructive for developing solutions to gaps in labour regulation, a drawback of this approach is that there are limits to the realisation of policy transfer. Some of the initiatives discussed in the paper may be more effective than others for protecting workers on non-standard contracts, but further research is necessary to test their effectiveness including in different contexts.Social implicationsThe findings indicate that a task ahead for the representatives of government, labour and business is to determine how to adapt the emergent patchwork of rules to protect workers from the new vulnerabilities created by, for example, employer extraction and exploitation of their individual bio data, social media data and, not far off, their personal genome sequence.Originality/valueThe paper addresses calls to examine the “institutional intersections” that have informed the changing ways that work is conducted and regulated. These intersections transcend international, national, sectoral and local units of analysis, as well as supply chains, fissured organisational dynamics, intermediaries and online platforms. The analysis also encompasses the broad range of stakeholders including businesses, labour and community groups, nongovernmental organisations and online communities that have influenced changing institutional approaches to employment protection.
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Fourie, E. S. "Non-Standard Workers: The South African Context, International Law and Regulation by The European Union." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 4 (2017): 109. http://dx.doi.org/10.17159/1727-3781/2008/v11i4a2787.
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The current labour market has many forms of employment relations that differ from full-time employment. "Atypical," "non-standard," or even "marginal" are terms used to describe these new workers and include, amongst others, parttime work, contract work, self-employment, temporary, fixed-term, seasonal, casual, piece-rate work, employees supplied by employment agencies, home workers and those employed in the informal economy. These workers are often paid for results rather than time. Their vulnerability is linked in many instances to the absence of an employment relationship or the existence of a flimsy one. Most of these workers are unskilled or work in sectors with limited trade union organisation and limited coverage by collective bargaining, leaving them vulnerable to exploitation. They should, in theory, have the protection of current South African labour legislation, but in practice the unusual circumstances of their employment render the enforcement of their rights problematic. The majority of non-standard workers in South Africa are those previously disadvantaged by the apartheid regime, compromising women and unskilled black workers. The exclusion of these workers from labour legislation can be seen as discrimination, which is prohibited by almost all labour legislation in South Africa. This contribution illustrates how the concept of indirect discrimination can be an important tool used to provide labour protection to these workers. The purpose of this article is to explore the scope of the extension of labour rights to non-standard workers in the context of South African labour laws and the international framework.
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Ab Rahman, Rozanah. "Managing Safety at Work Issues in Construction Works in Malaysia: A Proposal for Legislative Reform." Modern Applied Science 9, no. 13 (2015): 108. http://dx.doi.org/10.5539/mas.v9n13p108.
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<p>Construction sector, being an important economic driver of the country, has always been regarded as hazardous industry compared to other industries due to the nature of activities involve at the worksites. From excavation works to structural and exterior works, workers are exposed to high risks of accidents mostly involving fall from height, hit by falling objects, lifting operations, and electrocution. Statistics from various agencies have shown considerable increase in the number of industrial accidents reported for the construction industry, including death and permanent disablement cases. This paper proposed to address issues on safety and health at work in construction activities throughout the construction stages, by deliberating how those issues being managed through the use of standard forms of contract for construction projects and adequacy of the legislations pertaining to construction.</p>
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Stromgren, Chel. "A Comparison of Alternative Bow Configurations." Marine Technology and SNAME News 32, no. 03 (1995): 224–30. http://dx.doi.org/10.5957/mt1.1995.32.3.224.
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Newport News Shipbuilding (NNS) has been preparing for a reentry into the commercial shipbuilding market for several years. Those preparations resulted in the signing of a contract in October of 1994 with Eletson Corporation for the construction of two (with an option for an additional two)46500 dwt product carriers. This is the first contract for a U.S. shipyard to build commercial ships for a foreign owner in 37 years. In developing the hull form for the standard product carrier Double Eagle, NNS performed studies to determine the economic and hydrodynamic effects of alternative bow configurations on a representative modern, high-block tanker. The objectives of the study were to update the NNS commercial ship speed-power database, investigate the application of state of the art computer software, and create a bow design which strikes a balance between hydrodynamic performance and producibility. To achieve these goals, NNS worked with SAIC to use the computational fluid dynamics (CFD) SLAW software to mathematically analyze several candidate bows. These designs were then model tested at the Swedish State Model Basin in Gothenburg to validate the results of the CFD codes. Construction costs were then estimated for each design and finally, the bow forms were compared on an overall economic basis.
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Patsiorkovsky, Valery V. "Self-employment as response of the part of economically active population to the crisis of standard labor relations." POPULATION 23, no. 1 (2020): 88–103. http://dx.doi.org/10.19181/population.2020.23.1.8.
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The article focuses on the analysis of the specifics of self-employment. Self-employment is considered as a special economic structure in the mixed economy of modern Russia. Self-employment is characterized by two forms of labor relations. If it is practiced in the informal sector of the economy, then verbal agreement with payment after completion of work (provision of services) is prevailing. When it is practiced in the real sector of the economy, civil law contract is concluded. In any case, self-employment does not know wage labor and wages. The wide use of self-employment in our country, which has become widespread in recent years, is due to a group of factors. The decisive role among them is played by the state's rejection of universal employment and tight control of labor relations, as well as by the technological changes that are characteristic of the fourth industrial revolution. First of all, this refers to the mass introduction of cyber-physical systems in the production and everyday life of people. These changes, firstly, have a huge impact on the labor market. Secondly, they open up new opportunities for households and, in fact, for self-employment. The article considers the structure and features of separate sectors of self-employment, including individual entrepreneurship, personal subsidiary farming and individual self-employment. Each sector of self-employment is described taking into account its specifics and characteristic features in terms of its nature, functions, motivation, legal regulation, income, etc. A close relationship between self-employment and household is shown. There is given criticism of simplified ideas about self-employment, which consider it as an integral part of precarious employment, as well as in terms of transition from wage labor to entrepreneurship or residual manifestation of entrepreneurship.