Academic literature on the topic 'Temporary employment – Law and legislation'
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Journal articles on the topic "Temporary employment – Law and legislation"
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Högberg, Björn, Mattias Strandh, and Anna Baranowska-Rataj. "Transitions from temporary employment to permanent employment among young adults: The role of labour law and education systems." Journal of Sociology 55, no. 4 (October 1, 2019): 689–707. http://dx.doi.org/10.1177/1440783319876997.
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Temporary work is common across Europe, especially among young people. Whether temporary employment is a transitory stage on the road to standard employment, and whether this varies depending on institutional contexts, is controversial. This article investigates variability in transition rates from temporary to permanent employment across Europe, and how this is related to employment protection legislation (EPL) and the vocational specificity of education systems. We utilize harmonized panel data from the European Union Statistics on Income and Living Conditions, covering 18 European countries and including 34,088 temporary workers aged 18–30. The results show that stricter EPL is associated with lower rates of transitions to permanent employment, while partial deregulation, with strict EPL for permanent contracts but weaker EPL for temporary contracts, is associated with higher transition rates. Vocationally specific education systems have higher transition rates, on average. Moreover, the role of EPL is conditional on the degree of vocational specificity.
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Wilczyński, Robert. "REGULACJE DOTYCZĄCE RÓWNEGO TRAKTOWANIA I ZAKAZU DYSKRYMINACJI W ZATRUDNIENIU TYMCZASOWYM." Zeszyty Prawnicze 14, no. 2 (December 7, 2016): 171. http://dx.doi.org/10.21697/zp.2014.14.2.09.
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REGULATIONS FOR EQUAL TREATMENT AND PROHIBITION OF DISCRIMINATION IN TEMPORARY EMPLOYMENTSummaryThe article discusses the legislation on equal treatment and non-discrimination in temporary employment in the light of the requirements of the Directive of the European Parliament and the European Council 2008/104/EC of 19 November 2008 on temporary agency work. The author recalls the legislative process related to the adoption of the Directive, in particular the legal discrepancies between the social partners and between EU countries, and analyses the content of the Directive. He then presents the provisions of the Polish labour law on equal treatment and non-discrimination. The main part of the article is devoted to a discussion of the adaptation of the legal norms on equal treatment and non-discrimination in the Act of 9 July 2003 on the employment of temporary workers and other legal acts regulating this matter to the recommendations set out in this Directive. The author analyses the current level of compliance of the Polish legislation with the requirements of the EU Directive, presents controversies in the literature, and makes recommendations de lege ferenda.
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Senčur Peček, Darja. "Social protection of workers in non-standard forms of employment in Slovenia." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, no. 4 (2019): 1561–96. http://dx.doi.org/10.30925/zpfsr.39.4.5.
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The article deals with legal position of individuals who work in various nonstandard forms of employment in Slovenia. The author analyses labour law protection and social position of workers, carrying out the work in forms of temporary work (fixed-term employment, temporary and occasional work of students and retired people), in employment relationships with more than two parties (temporary agency work), and also the position of false self-employed and economically dependent persons. It is evident that these forms of work are not precarious on their own, since Slovenian legislation provides the workers with rather proper protection during the period, in which they work, and moreover, these workers are also entitled to rights from social insurance schemes (in narrower of broader scope). The situation is different in cases of abuse of these forms of work and in cases of false self-employed persons and other disguised employees, when workers are only entitled to a limited scope of rights in spite of working in relationships with elements of a standard employment relationship. In order to prevent these cases, not only additional legislation solutions and labour market measures are needed, but labour inspection will also have to be increased and furthermore, the awareness of employers and the society regarding long-term impacts of use of such non-standard forms of work will have to be raised.
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Burgess, John, and Lars Mitlacher. "Temporary Agency Work in Germany and Australia: Contrasting Regulatory Regimes and Policy Challenges." International Journal of Comparative Labour Law and Industrial Relations 23, Issue 3 (September 1, 2007): 401–31. http://dx.doi.org/10.54648/ijcl2007019.
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A common development among OECD and EU countries is the increase of temporary agency work in the last decade despite different regulatory regimes. For the researcher, agency work is an interesting topic as it is part of the romance of flexible working patterns, the new economy and a new type of employment arrangements; but is also part of a process that undermines employment conditions, collectivism and workers’ rights. Using Germany as an example of a country with a highly regulated temp industry and Australia as a country with very little regulation in this area, the paper outlines the growth and extent of agency employment in each country and examines the regulatory regime that applies in each country. The regulation of temporary agency work in Germany and Australia will be contrasted with the proposed legislation by the European Directive on temporary agency work in order to develop new proposals for an advanced supra-national regulatory approach on temporary agency work.
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Mironenko, O. "What Determines the Costs of EmploymentProtection Legislation for Employers? Evidence from Cross-country Enterprise Surveys." Voprosy Ekonomiki, no. 7 (July 20, 2014): 127–43. http://dx.doi.org/10.32609/0042-8736-2014-7-127-143.
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The article examines the determinants of the costs incurred by employers while they fulfill the requirements of employment protection legislation. Using the World Bank Enterprise Surveys data from over 50,000 firms in 93 countries in 2005-2011 we verify that, ceteris paribus, these costs are higher for large, private, domestically owned firms in the manufacturing sector, as well as for those enterprises which are more covered by enforcement. With firm characteristics held constant, the costs of employment protection are significantly higher in more developed countries with stricter regulation of temporary employment and higher relative minimum wage, and are considerably less in countries with socialist and German legal systems than in the common law countries.
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Newman, Andrew. "The Legal In/Security of Temporary Migrant Agricultural Work: Case Studies from Canada and Australia." Deakin Law Review 18, no. 2 (December 1, 2013): 361. http://dx.doi.org/10.21153/dlr2013vol18no2art43.
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Despite differing labour law systems and program structures, temporary migrant agricultural workers under the Canadian Seasonal Agricultural Worker Program and Australian Seasonal Worker Program often possess minimal security of employment rights and protections, despite potentially lengthy periods of consecutive seasonal service to the same employer. Such lesser rights and protections are partly due to the central role played by continuity of service in determining the length of reasonable notice periods and the strength of unfair dismissal protections and stand-down/recall rights. Although it is often presumed that the temporary duration of the seasonal work visa necessarily severs the legal continuity of the employment relationship, such is not the case. This article argues that security of employment rights and protections can be re-conceptualised to recognise non-continuous seasonal service within the current parameters of a fixed-term work visa. In both Canada and Australia this could be accomplished through contractual or collective agreement terms or through the amendment of labour law legislation. Such reforms would recognise a form of unpaid ‘migrant worker leave’, whereby the legal continuity of employment would be preserved despite periods of mandatory repatriation, thus allowing accrual of security of employment rights and protections.
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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 (July 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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Guastaferro, Barbara. "The unexpectedly talkative ‘dumb son’: the Italian Constitutional Court’s dialogue with the European Court of Justice in protecting temporary workers’ rights in the public education sector." European Constitutional Law Review 13, no. 3 (September 2017): 493–524. http://dx.doi.org/10.1017/s1574019617000220.
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Judicial cooperation – Italian Constitutional Court – National Constitutional Courts’ attitude towards preliminary reference to the European Court of Justice – First and second preliminary reference of the Italian Constitutional Court inindirectproceedings – Constitutional review of national legislation inconsistent with EU law – Relationship between EU law and constitutional concerns – Added value of Constitutional Courts in protecting constitutional identity – Multilevel protection of fundamental rights – EU Framework agreement on fixed-term work and European Court of Justice case law – Italian legislation on fixed-term work – Italian legislation on recruitment in State schools – Abuse arising from the use of successive fixed-term employment contracts – Judicial defence of workers’ rights – Cooperation between judges and legislators – Balancing between social rights and budgetary constraints –Mascolocase –Tariccocase
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Senčur Peček, Darja, Sandra Laleta, and Karla Kotulovski. "Ugovorni odnosi u vezi s privremenim agencijskim radom." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 40, no. 3 (2020): 1101–27. http://dx.doi.org/10.30925/zpfsr.40.3.6.
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This article analyses the contractual relationships concerning temporary agency work: specificities of the employment contract between the agency (as an employer) and worker; contractual relationship between agency and the user undertaking and the factual relationship between the user and agency workers. Concerning the employment relationship between the agency and worker, the analysis focuses on the fact that only legal subject that fulfils specific conditions can operate as an agency; further, on the duration of the employment relationship, the workplace, rights and the termination of the employment relationship. Despite the fact that the agency and the user conclude the commercial contract, those contractual parties are limited by the labour law rules that are the object of the analysis in this article. Thirdly, the article deals with the relationship between the agency worker and user, that is not formalized by the conclusion of the contract, but regulated by the labour legislation, that prescribes the workers’ rights and its impact on the user’s stable workers’ rights. The authors analyse the mentioned contractual relationships as regulated in Croatian and Slovenian labour law, as well as by EU law, giving the examples of good practice used in some European countries.
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Lebedev, V. A., and E. I. Lebedeva. "Remote work has changed the format: note to the accountant of the medical institution." Buhuchet v zdravoohranenii (Accounting in Healthcare), no. 3 (March 1, 2021): 55–62. http://dx.doi.org/10.33920/med-17-2103-05.
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The article analyzes the latest changes in labor legislation that came into force on January 01, 2021. The article considers the provisions of the Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the regulation of remote (remote) work and temporary transfer of an employee to remote (remote) work on the initiative of the employer in exceptional cases” of 08.12.2020 № 407-FZ, which must be taken into account when providing medical care in a remote format; the main provisions on the employment contract and the features of the employment contract of remote workers, including the features of the admission and dismissal of remote workers.
Dissertations / Theses on the topic "Temporary employment – Law and legislation"
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Pauw, Julius Bremer. "Statutory regulation of temporary employment services." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1019715.
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This treatise specifically explores section 198 of the Labour Relations Act, 66 of 1995, which regulate temporary employment service. However, before one can assess this section in particular, other legislation has to be considered dealing with temporary employment services, read in conjunction with the Constitution of the Republic of South Africa Act 108 of 1996 (hereinafter the “Constitution”), as all legislation is subject thereto. As summarised by Navsa AJ in the judgment of Sidumo& Another v Rustenburg Platinum Mines Ltd & Others: “The starting point is the Constitution. Section 23(1) of the Constitution of the Republic of South Africa, 1996 provides that everyone has the right to fair labour practices”. The Labour Relations Act, 66 of 1995 (hereinafter the “LRA”) is also subject to the Constitution, and section 198 has to be evaluated and assessed against the Constitution as is set out in section 1 of the LRA, which provides that: “The purpose of this Act is to advance economic development, social justice, labour peace and the democratisation of the workplace by fulfilling the primary objects of this Act, which are (a) to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution...” The LRA was drafted while the Interim Constitution was in effect, this being the reason why section 1(a) refers to section 27 of the Constitution, the Interim Constitution, and not the final Constitution, which was enacted in 1996. The Honourable Justice Conradie held in NAPTOSA & others v Minister of Education, Western Cape & others [2001] 22 ILJ 889 (C): “that the effect of section 1(a) is to ensure that the LRA “[marries] the enforcement of fundamental rights with the effective resolution of labour dispute temporary employment service . . . If an employer adopts a labour practice which is thought to be unfair, an aggrieved employee would in the first instance be obliged to seek a remedy under the LRA. If he or she finds no remedy under that Act, the LRA might come under constitutional scrutiny for not giving adequate protection to a constitutional right. If a labour practice permitted by the LRA is not fair, a court might be persuaded to strike down the impugned provision. But it would, I think, need a good deal of persuasion”. The Constitution and the LRA lay the basis for temporary employment services in the South African law context, and are the primary laws dealing with this topic. Although the main focus of the treatise is section 198 of the LRA in dealing with temporary employment services, it is evident that secondary labour legislation also regulates temporary employment services. It is noteworthy that each piece of legislation has different requirements and/or essentials regulating temporary employment services, even though some of the legislation have very similar provisions. Secondly, each of the pieces of legislation also determines and attaches different meanings to who the real employer is. This is important so as to establish who, as between the temporary employment service and its client, may be held liable for obligations arising out of the employment relationship. A tripartite relationship is created by temporary employment service arrangements, in that there is the temporary employment services –client relationship, the temporary employment service’s employer - employee relationship and the client –employee relationship, each with its own rights, obligations, and requirements for termination. A further focus of the treatise is the problems experienced in the employment relationship between the temporary employment service and its employees and the termination of the relationship. The difficulties and potential unfairness arising from termination of the relationship between the temporary employment service and its employees have resulted in legislative developments and proposed amendments, most notably the repeal of section 198. These proposals are discussed herein, including the question of whether section 198 should be repealed, or whether temporary employment services should be more strenuously regulated in order to resolve the problems being experienced with the application of section 198 in its present form. It is proposed in conclusion that temporary employment services be more strenuously regulated, as the repeal of section 198 will not be socially and economically beneficial to the workforce of South Africa, nor the Labour Market. Further, it would be contrary to the Constitution and purpose of the Labour Relations Act.
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Strydom, Masunet. "The status of employees employed by temporary employment services." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/13680.
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The traditional employer-employee relationship came under an increased threat the past two decades with employers finding the option of utilising the services of Labour Brokers more attractive. Various reasons existed for this tendency amongst employers to opt for the use of Labour Brokers, some of these reasons being valid but mostly some reasons being born out of fear for the unknown labour law duties and obligations that were proposed to be placed on employers post 1994. In the absence of an action plan between the role players in the labour fraternity pathing the way traditional employer-employee relationships could be salvage, employers resorted to the appointment of Labour Brokers and Government on their part retaliated by considering either the total ban of Labour Brokers or the regulation of the profession to such an extent that same became largely unattractive and problematic. The non-addressing of problems and fears faced with by employers post 1994 resulted in an opportunity waisted to narrow the gap between employers and employees with the fight over work force power being the more important factor taken into consideration. This treatise will explore the options that faced the roll players post 1994 in the labour market, the reason for choices made and the effect same has had since on the labour market. The problematic amendments made to Section 198 of the Labour Relations Act in an attempt to iron out the wrinkles poor choices made by the stake holders over the regulations of Labour Brokers, will be discussed. The ripple effect the amendments to Section 198 of the Labour Relations Act had on other pieces of South African legislation will be considered and the uncertainty and confusion it has created discussed. Specific attention needs to be drawn to the intention of the legislature as to which party, the Labour Broker or employer, will be responsible for the ramifications of the wrong doings of an employee. Also, which party will be responsible to the employee to fulfil its labour rights as granted in the Constitution of South Africa. Unleashing reaction to the regulations of Temporary Employment Services does not seem to be a problem, the problem arises where the regulations proposed did not unleashed the desired reaction and roll players finding themselves frustrated and with having no alternative as to turn the Courts to solve the largely self-inflicted conundrum. The courts are left with the task of clarifying the legislature’s true intension in amending section 198 of the Labour Relations Act, which impact the writer with all due respect do not think the legislature even appreciated when the amendments were drafted. Currently, there is dividing views on the future of Labour Brokers per se in South Africa and the interpretation concerning Section 198 of the Labour Relations Act, as amended. The focus of this treatise is to highlight the different interpretations given to these amendments this far and highlight that if it is in fact the wish of stake holders in the Labour fraternity that Labour Brokers should continue to exist, clarification is needed by our Constitution Court on certain vital issues and as discussed in this treatise.
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Henningsson, Erik, and Philip Pettersson. "Sociologins ställning i las-utredningen -Sociologisk forskning om visstidsanställningar och en kritisk granskning av utredningen En moderniserad arbetsrätt." Thesis, Örebro universitet, Institutionen för humaniora, utbildnings- och samhällsvetenskap, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-89970.
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Since the employment protection legislation inquiry En modern arbetsrätt was published, thedebate on employment protection has gained momentum. The inquiry has had to resistcriticism, among other things for not strengthening the balance between employers andemployees. A general review of the research used in the inquiry shows that sociologicalresearch has been used to a relatively small extent, in favor of research of a more economicnature. This entails a risk that valuable sociological aspects linked to employment may havebeen overlooked or underestimated. With the study, we intend to highlight the sociologicalaspect of the issue of temporary employment and employment protection to broaden thediscussion. In our study, we examine the research that the inquiry is based on regarding thesociological part of temporary employment and compare it with a literature review weproduce about temporary employment. This study shows that the sociological aspect of theEPL inquiry is underemphasized and that there are other studies that highlight valuablesociological points that are not included in the inquiry. In the comparison between theinquiry's research and our literature review, it is in particular the employee perspective andthe connection between temporary employment and health that differ where our sourceshighlight these aspects in a significantly clearer way.Sedan utredningen En modern arbetsrätt publicerades har debatten om anställningsskydd tagit fart. Utredningen har fått motstå kritik, bland annat för att inte stärka balansen mellan arbetsgivare och arbetstagare. En översiktlig genomgång av den forskning som använts i utredningen visar att sociologisk forskning använts i relativt liten utsträckning, till förmån för forskning av mer ekonomisk karaktär, såsom nationalekonomisk forskning. Detta innebär en risk för att värdefulla sociologiska aspekter kopplat till anställningar kan ha förbisetts eller underskattats. Med studien avser vi att lyfta den sociologiska aspekten i frågan om visstidsanställningar och anställningsskydd för att bredda diskussionen. I vår studie undersöker vi forskningen som utredningen utgått från gällande den sociologiska delen om visstidsanställningar och jämför med en litteraturöversikt vi tar fram. Denna studie visar att den sociologiska aspekten i las-utredningen är underbetonad och att det finns andra studier som lyfter värdefulla sociologiska poänger som inte finns med i utredningen. I jämförelsen mellan utredningens forskning och vår litteraturöversikt är det i synnerhet arbetstagarperspektivet och kopplingen mellan visstidsanställningar och hälsa som skiljer sig där våra källor lyfter dessa aspekter på ett klart tydligare sätt.
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Loock, Madelaine. "The application of BEE legislation on employment." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/17990.
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BBBEE is currently on everyone’s minds and the uncertainty surrounding the changes to the Codes of Good Practice as well as the Sector Codes leaves business owner’s with a feeling of uncomfortable anticipation. The changes to the Codes of Good Practice has set the tone and most of the Sector Codes are being modelled around the Codes. Business owners will have to adapt to the changes and plan in advance in order to avoid being without a compliant BEE certificate. This will entail a strategic analysis of the company’s financial position as well as a strategic BEE plan for the 12 months they will be rated on.
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Ristow, Liezel. "Sexual harassment in employment." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/341.
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Africa as no exception. It is generally accepted that women constitute the vast majority of sexual harassment victims. Sexual harassment is therefore one of the major barriers to women’s equality as it is a significant obstacle to women’s entrance into many sectors of the labour market. The Constitution now provides that no person may unfairly discriminate against anyone on grounds of, inter alia, sex and gender. The Employment Equity Act now provides that harassment is a form of unfair discrimination. It has been said that harassment is discriminatory because it raises an arbitrary barrier to the full and equal enjoyment of a person’s rights in the workplace. Much can be learned from the law of the United States and that country’s struggle to fit harassment under its discrimination laws. The Code of Good Practice on the Handling of Sexual Harassment Cases attempts to eliminate sexual harassment in the workplace by providing procedures that will enable employers to deal with occurrences of sexual harassment and to implement preventative measures. The Code also encourages employers to develop and implement policies on sexual harassment that will serve as a guideline for the conduct of all employees. Although the Code has been subject to some criticism, particularly regarding the test for sexual harassment, it remains a valuable guide to both employers and employees alike. The appropriate test for sexual harassment as a form of unfair discrimination has given rise to debate. Both the subjective test and the objective test for sexual harassment present problems. Some authors recommend a compromise between these two tests in the form of the “reasonable victim” test. The Employment Equity Act makes the employer liable for the prohibited acts of the employee in certain circumstances. The Act, however, places certain responsibilities on the employer and the employee-victim before the employer will be held liable for sexual harassment committed by an employee. Sexual harassment committed by an employee constitutes misconduct and can be a dismissible offence. An employer may also be held to have constructively dismissed an employee, if the employer was aware of the sexual harassment and failed to control such behaviour, and the employee is forced to resign. The test for determining the appropriateness of the sanction of dismissal for sexual harassment is whether or not the employee’s misconduct is serious and of such gravity that it makes a continued employment relationship intolerable. However, for such a dismissal to be fair it must be both substantively fair and procedurally fair.
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Mofokeng, Elly Evelyn Tsholofelo. "An analysis of the deeming provision relating to temporary employment services in South Africa." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/74949.
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The Labour Relations Act 66 of 1995(LRA) is the primary legislation regulating employment relations in South Africa. Despite its effort to provide adequate protection to employees employed in various capacities, the LRA seems to have fallen short when it comes to atypical employees. Before the LRA was amended in 2015, Temporary Employment Services (TESs) were largely unregulated; this provided ample opportunities for clients to exploit the vulnerable TES employees. It is this abuse and exploitation which lead to the introduction of the section 198A(3)(b) of the LRA(deeming provision).
The deeming provision applies to TES employees who earn below the monetary threshold stipulated in section 6(3) of the Basic Conditions of Employment Act 75 of 1997. This is an effort by the legislature to reduce the exploitation of employees working in atypical forms of employment. Despite these efforts, the deeming provision has been subject to a lot of debate particularly with regard to its correct interpretation and application. It is against this background that this dissertation will focus on the ways in which the deeming provision has been interpreted by trade unions and labour brokers.
This dissertation will also discuss the judgement handed down in Assign Services (Pty) limited v National Union of Metalworkers of South Africa and Others (2018) 39 ILJ 1911 (CC), to determine whether the court provided sufficient clarity about the meaning behind section 198A(3)(b) of the LRA.Mini Dissertation (LLM)--University of Pretoria, 2020.
Mercantile Law
LLM
Unrestricted
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Oosthuizen, Tania. "Discrimination based on age in labour law." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19484.
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This piece aims to prove that a compulsory retirement age can no longer be justified in South Africa as a constitutional state. In times where people are gradually reaching older ages due to advances in a variety of fields, it seemed that the concept of a compulsory retirement age requires an in depth consideration. This is especially measured against the backdrop of equality and discrimination legislation within The Republic of South Africa. The development of social security law provides the larger framework in which to understand the concept and intentions around retirement. Discrimination and equality legislation demonstrates that age as a listed ground for discrimination does not necessarily simplify the jurisprudence pertaining to it, especially where alternatives have been developed for continued employment. The main point of reference in the South African justice system concerning discrimination disputes is the Harksen v Lane test, whereas the principle encapsulated in Waco v Schweitzer, relates particularly to discrimination based on age. These judgements and subsequent application will be illustrated and considered during the course of this research. The influence of fund rules and fixed-term contracts on the situation will aim to show the reality of the situation. In an effort to show that the problem of an ageing workforce and retirement is not localised to South Africa, an international overview of other constitutional countries is included for context. The comparison goes further to include non-constitutional countries to illustrate the global issue. This comparison was also included in an effort to find alternative strategies that may be utilised in South Africa for retirement and age discrimination legislations and social policies.
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Al, Shaibani Salha. "The changing nature of employment relationships and its challenge for health and safety law." Thesis, University of South Wales, 2012. https://pure.southwales.ac.uk/en/studentthesis/the-changing-nature-of-employment-relationships-and-its-challenge-for-health-and-safety-law(96bce387-40b5-44f7-a7b9-bf8d387cbff0).html.
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The thesis explores the challenges faced by health and safety law in the UK as a consequence of the continuous changes in the employment relationship. This primarily covers the growth of the different forms of non-standard work. Health and safety law developed through a number of socio-economic changes in the UK. It has moved from only covering particular areas and particular classes of workers in the nineteenth century to wider areas of occupational health and safety and to include more of those at work. The thesis sets out the issues surrounding non-standard work arrangements and how they might affect the application of health and safety law. Key case-law is examined and the legal changes in the area of health and safety carefully analysed. Research has been carried out by others concerning the reasons for and extent of the changing nature of work as an indicator of the changes that took place in the labour market in general; but the research in this thesis concentrates on how the application of health and safety law is challenged by such changes. The central hypothesis of the thesis is that non-standard work by its very nature might put those who are employed under its various types at more risk than their counterpart standard workers. This hypothesis is developed and explored through the field-work. The field-work took the form of a postal questionnaire to workers in the UK in geographical areas selected for their differing characteristics together with some semi structured interviews which sought to introduce a qualitative data element to the quantitative data in order to enrich and elaborate upon the findings of the questionnaire. Analysis of the completed and returned questionnaires revealed that in today's workplace the nature of risk has changed, with an increase in the psychological risk related to work. Both groups of standard and nonstandard workers suffered from stress-related illness. This illustrates the complexity of the concept of vulnerability and how that might challenge the application of health and safety law and affect its efficacy. A number of unexpected issues surfaced through the field-work, such as that working in the different types of non-standard work were effectively involuntary for some of those who chose to work this way. The main reason for their decisions was to be able to provide for the family income as well as to have more control over work and the ability to combine work with other responsibilities including domestic duties. Despite the relatively low number of non-standard workers who participated in the postal questionnaire, it seems that they are in a better position than was hypothesized at the outset, before the field-work took place. Analysis of the semi-structured interviews revealed that interviewees had considerable knowledge and awareness about their employer's general duties in terms of risk assessment and safety training in addition to other significant aspects. This applies to both standard and non-standard workers, which indicates the important improvement in the management of occupational health and safety. However, a serious issue was common to most of those who suffered accident and/or ill-health from both groups of standard of non-standard workers: not reporting their experiences to their employers. In addition, many of those workers did not seek legal advice following their accident and/or ill-health because of fear and uncertainty about their employers' reaction. The thesis concludes with some reflections on the effectiveness or otherwise of health and safety legislation.
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Mnguni, Sihle. "The application of section 17 of the Employment of Educators' Act." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/11865.
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The purpose of this treatise is to discuss the implementation of section 17 of The Employment of Educators’ Act1 with a view to examining its shortcomings in fulfilling the requirements of fairness. Section 17 makes dismissal for transgressing any of the misconduct cases listed therein compulsory. This is so because of the use of the term “must” in its opening sentence. The Constitutional Court in Sidumo v Rustenburg Platinum Mines2 emphasizes the consideration of the totality of circumstances before the dismissal sanction is imposed by an employer. These include but not limited to the importance of the rule that has been breached to the employer; the basis of the employee’s challenge to the dismissal; the harm caused by the employee’s conduct; the effect of dismissal on the employee and the length of service. The treatise argues that in its current form section 17 of The Employment of Educators’ Act does not cater for the consideration of these circumstances set by the Constitutional Court. The study will also discuss the applicable dismissal legislation in education. The Constitution of the Republic of South Africa guarantees everyone a right to fair labour practices.3 This right is further qualified by the Labour Relations Act4 in section 185. The Labour Relations Act also has in it Schedule 8 which is a Code of Good Practice: Dismissal. The Code endorses the concept of corrective or progressive discipline5 and the need to give due consideration to certain circumstances before dismissing an employee.6 The consideration of the circumstances listed by the Constitutional Court in Sidumo v Rustenburg Platinum Mines7 and the provisions of items 3(2) and 3(6) cannot be said to be well catered for under section 17 of the Employment of Educators’ Act because of the use of the term “must”. For the principle of fair labour practices to be fully accommodated under section 17 of the Employment of Educators’ Act a need to amend it is necessary. This treatise will introduce amendments that will provide for pre-dismissal arbitration as a possible approach to ensuring full compliance for fairness in dismissals that are as a result of transgressing any of the misconduct cases listed in section 17. Other amendments suggested are aimed at realigning section 17 to other child specific legislation like the Children’s Amendment Act8 and the Sexual Offences and Related Matters Amendment Act.
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Dlamini, David Vusi. "A comparative study of employment discrimination in South Africa and Canada." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/330.
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South Africa and Canada have emerged from a history fraught of inequalities, which were characterised by segregationist practices. Such inequalities have served as an epitome of discrimination taking place in the society and the workplace in both countries. Both South Africa and Canada had their discrimination affecting black peoples (Africans, Indians and Coloureds) and Aboriginal peoples (Indians, Inuits or Métis) respectively, women and people with disabilities. In both countries discrimination has polarised society. It is against this backdrop that both countries have attempted to eliminate unfair discrimination through the promulgation of relevant legislation that seeks to, inter alia, provide the regulatory framework in respect of employment discrimination. With the foregoing in mind, the purpose of this work is the provision of a selection of comparable aspects of employment discrimination in Canada and South Africa. This selection comprises discrimination on the basis of race, gender, sex, pregnancy, age and HIV/AIDS. The study uses, as its departure point, both countries’ constitutional framework to elicit the extent to which protection against unfair discrimination is extended to the workforce. Apart from looking at the constitutional provisions towards the elimination of unfair discrimination, reference is made to specific employment statutory provisions in order to provide a comprehensive and explicit picture of how workplace discrimination in both countries is regulated. The study focuses on substantive law from both countries about the above -mentioned aspects of discrimination. This is informed by the very nature and scope of the study because any concentration on procedural and evidentiary aspects of discrimination could lead to failure to achieve the objectives of the study. It also looks at specific Canadian and South African case law, judgments of the courts and jurisprudence in the field of employment discrimination in order that the reader is presented with a clearer picture of recent developments in addressing workplace inequalities.
Books on the topic "Temporary employment – Law and legislation"
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National Association of Temporary Services (U.S.), ed. The NATS managers guide to employment law. Alexandria, Va. (119 S. Saint Asaph St., Alexandria 22314): National Association of Temporary Services, 1987.
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Pelegrini, Mari Angela. Trabalhadores sem vínculo: Rurais e urbanos, do cais ao campo. São Paulo: Editora LTr, 2004.
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Vega, Berta Valdés de la. Las empresas de trabajo temporal. Granada [Spain]: Editorial Comares, 2001.
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Z problematyki zatrudnienia tymczasowego. Warszawa: Oficyna Wolters Kluwer Polska, 2011.
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Uguina, Jesús R. Mercader. La contratación temporal en la jurisprudencia del tribunal supremo. Valencia: Tirant lo Blanch, 1999.
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Wiśniewski, Janusz. Prawne aspekty pracy tymczasowej. Bydgoszcz: Dom Organizatora, 2007.
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González, Germán Barreiro. Contratos laborales temporales: Guía legal, jurisprudencial y práctica. Madrid: La Ley, 1993.
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McKie, W. Gilmore. The contingent worker: A human resources perspective. [Alexandria, Va.]: Society for Human Resource Management, 1995.
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García, Miguel Pérez. El servicio temporal y otras formas de contratación. Bogotá, D.C., Colombia: Carrera 7a., 2009.
Find full textBook chapters on the topic "Temporary employment – Law and legislation"
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Dingeldey, Irene, and Jean-Yves Gerlitz. "Labour Market Segmentation, Regulation of Non-Standard Employment, and the Influence of the EU." In International Impacts on Social Policy, 247–60. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-86645-7_20.
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AbstractIn wake of the 1970s energy crisis, labour markets in Organisation for Economic Co-operation and Development (OECD) countries changed considerably: deindustrialisation, low economic growth, and high structural unemployment challenged the standard employment relationship (SER), and a flexibilisation of employment was promoted. Tertiarisation and increasing female labour market participation fuelled the spread of non-standard forms of employment (NSER) such as part-time and temporary work. Since the 1990s, EU member countries aligned their NSER regulation to that of the SER, while in other OECD countries, NSERs remained un(der)regulated. The chapter illustrates the transformation of labour markets and the development of NSER regulation for selected countries, relying on national Labour Force Surveys and the Cambridge Labour Regulation Index. It tells the story of how membership in a supranational organisation has shaped national labour legislation.
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Zoppoli, Lorenzo. "Valori, diritti e lavori flessibili: storicità, bilanciamento, declinabilità, negoziabilità." In Studi e saggi, 305–31. Florence: Firenze University Press, 2022. http://dx.doi.org/10.36253/978-88-5518-484-7.20.
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This article traces the national and EU legal framework after the progressive affirmation of the so-called flexible and non-standard contracts, with particular regard to fixed-term contracts, temporary agency work, part-time work and to work on demand. According to the author, notwithstanding deep changes in legislation, collective bargaining, case-law and in doctrine, the centrality of the legal value attributed to permanent contract of employment was not called into question. However, the techniques of promotion and protection of this crucial value are not consequent. Such a value has been recently reaffirmed also at European level by the Social Pillar and the directives of 2018 and 2019. This discrepancy can be overcome by specifying better the notion and sanctions in case of abuse of atypical work and by reinforcing legitimacy and negotiating skills of workers at both individual and collective level.
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Benson, Edward. "The Employment Legislation." In The Law of Industrial Conflict, 12–28. London: Palgrave Macmillan UK, 1988. http://dx.doi.org/10.1007/978-1-349-08802-7_2.
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Kamenska, Anhelita, and Jekaterina Tumule. "Migrants’ Access to Social Protection in Latvia." In IMISCOE Research Series, 257–70. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-51241-5_17.
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Abstract This chapter discusses the link between migration and welfare in Latvia. In general, the Latvian social security system may be described as a mixture of elements taken from the basic security (where eligibility is based on contributions or residency, and flat-rate benefits are provided) and corporatist (with eligibility based on labour force participation and earnings-related benefits) models. The country has experienced significant social policy and migration-related changed during the past decades. This chapter focuses on the current Latvian legislation, by closely examining the differential access to social protection benefits of resident nationals, foreigners living in Latvia and Latvian citizens residing abroad across five core policy areas: unemployment, health care, pensions, family benefits and social assistance. Our results show that the Latvian social security benefits are generally based on the principle of employment, social insurance contributions, and permanent residence. Most of the social benefits and services are available to socially insured permanent residents. At the same time, the state offers minimum protection to non-insured permanent residents. Foreigners with temporary residence permits who are not socially insured are the least socially protected group.
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Hahs, Jenny. "From Geneva to the World? Global Network Diffusion of Antidiscrimination Legislation in Employment and Occupation: The ILO’s C111." In Networks and Geographies of Global Social Policy Diffusion, 195–225. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-83403-6_8.
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AbstractThe adoption of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) marked ILO’s first endorsement to universal non-discrimination and an early equal opportunity approach at work. Albeit considered to be premised upon “a traditional, formal-equality and formal-workplace vision of antidiscrimination law,” the convention marked a genuine new strand in international standard-setting in the Post-World War II and Philadelphia Declaration time. However, due to the implicit formal vision, it is assumed that ratification was more attractive and more feasible for countries of the Global North first. Following, this behavior diffused through colonial ties time-varying toward the Global South. Whether this assumption holds will also be studied regarding the moderating effects of networks of culture, trade, and regional proximity.
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Schnabel, Reinhold. "Migrants’ Access to Social Protection in Germany." In IMISCOE Research Series, 179–93. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-51241-5_12.
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Abstract Migration patterns in Germany have changed considerably during the post-war period. The active recruitment of “guest workers” stopped during the 1970s and was replaced by family reunification. Two big crisis-driven immigration waves swept Germany, following the collapse of Yugoslavia and the crises in the countries from Syria to Afghanistan. These immigration waves triggered legislation aimed at reducing immigration incentives, especially in the asylum law. From the early 2000s on, German policy turned more liberal following the EU Directives on freedom of movement and for highly qualified persons from non-EEA countries. Migration patterns changed dramatically, with EEA countries becoming the leading source of German immigration. EEA countries replaced the Anglo-Saxon immigration countries as the leading sources and destinations of migration. It is reassuring for economic policy that EU migrants, notably from Bulgaria and Romania, display high levels of employment and have boosted German employment, while unemployment rates reached historic lows. During the past decades, migration obstacles for EEA citizens have been lowered or abolished. Main obstacles to immigration of non-EEA citizens persist due to the restrictive law on residence permits. As a result, student visas, academic credentials, or family reunification are the main legal pathways to Germany. Given the difficulty to proof the equivalence of a foreign non-academic degree, it is far more promising for persons from third countries to apply for asylum with the chance to get a permanent residence permit after several years as a tolerated migrant.
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Lorgat, Aisha. "“No, We Are Not Fighting Against Foreign Workers and We’ll Never Fight Against Foreign Workers”: Trade Unions and Migrant Rights." In IMISCOE Research Series, 247–60. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-92114-9_17.
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AbstractInternational human rights instruments do not explicitly include protection of undocumented migrants, but arguments for their inclusion are made on both normative and pragmatic basis. These denizens are often prevented from accessing rights de facto due to social practices, even when they are accorded de jure rights through legislation. As a result, the overwhelming majority of migrants are faced with limited options, have little voice, and have to make a living among and as part of the precariat. After 1994, South Africa was increasingly seen as a favourable destination for migrants seeking asylum and/or economic opportunities. Migrants are perceived as serving as a reserve of labour that is highly flexible, easily exploited, and unlikely to seek legal recourse for violations of labour law or to join a trade union. This labour market effect is particularly apparent and problematic in host countries with pre-existing high unemployment rates. As official workers representatives trade unions have a major role to play in recognising and mitigating the dangers inherent in dividing workers into citizens and denizens. Trade unions themselves though are in decline, with union density rates falling largely as a result of increasing use of non-standard employment arrangements by employers. Trade unions find it extremely difficult to access and organise these atypical workers, many of whom are migrants. The research for this chapter considered official union publications as well as interviews with trade union officials in the construction sector in Cape Town to assess trade unions responsiveness to migrant rights claims. Migrants are generally located in the periphery due to their more vulnerable status, and this position in the labour market renders their claims to rights and the role of trade unions in supporting these claims more difficult but equally necessary.
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Caune, Hélène, and Sotiria Theodoropoulou. "French employment market policies: dualisation and destabilisation." In Labour Market Policies in the Era of Pervasive Austerity. Policy Press, 2018. http://dx.doi.org/10.1332/policypress/9781447335863.003.0005.
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In this chapter explores whether the direction of labour market reforms in France has changed since 2010 by comparison with the previous two decades. It looks into broad labour market policy areas, namely, income support for the unemployed, active labour market policies and employment protection legislation before and after 2009 and asks the following questions. What form has retrenchment taken under the recent fiscal pressures and how has it been distributed across these policy domains? Has the emphasis of active labour market policy instruments changed? How have policy changes affected insiders and outsiders in the labour market? It is shown that during economic crisis and the subsequent fiscal austerity period there were no paradigmatic changes in French labour market policies, which continued to develop along a path pursued since the early 2000s. Successive governments, both centre-right and centre-left, have implemented flexicurity à la française, with a focus on flexibility at the expense of security. External flexibility – firms’ ability to hire and dismiss workers – has been developed for both core workers and more precarious forms of employment (temporary work). Furthermore, new measures also introduced important changes in the field of internal flexibility (working-time organisation, wages).
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"Anti-discrimination legislation." In Essential Employment Law, 79–122. Routledge-Cavendish, 1999. http://dx.doi.org/10.4324/9781843142591-6.
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Taylor, Stephen, and Astra Emir. "20. Family-friendly statutes." In Employment Law, 343–68. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198806752.003.0020.
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This chapter looks at ‘family-friendly employment laws’ and breaks each down into its component parts. It also considers whether it is appropriate that the statute book should reflect a commitment to a ‘work-life balance’, or whether this kind of legislation in fact ignores the needs of business and therefore has a deleterious effect on the economy. It begins with a background on ‘family-friendly’ legislation. It then discusses ante-natal care, health and safety issues, maternity leave, maternity pay, paternity leave, shared parental leave, adoption leave, parental leave, time off for dependants, the right to request flexible working, the right to request time off for training and the impact of family-friendly legislation.
Conference papers on the topic "Temporary employment – Law and legislation"
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Petrović, Jovana. "USLUGE AGENCIJA ZA PRIVREMENO ZAPOŠLjAVANjE." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.527p.
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Temporary agency work is an atypical form of employment that is becoming more frequently used as an alternative to standard labour relationship. It is a complex, ‘triangular’ legal relationship, which involves temporary-work agency, employee employed by the agency and a user firm, to which the agency assigns the employee. This is not a new legal institute, but it has become popular and somewhat legally regulated in the territory of the former SFRY in the last ten years. The Republic of Serbia does not have regulations that would regulate this specific issue, although these agencies exist in practice and in large numbers operate in the labor market of Serbia. However, Serbia has taken a step on the road to that. Namely, the Ministry of Labor has published the Draft Law on Agency Employment with the aim of providing legitimate employment and guaranteeing a working position of the transferred workers who are guaranteed to the employees with the employer. By introducing the legal framework for work through the temporary employment agency, the labor legislation of the Republic of Serbia is harmonized with the international standards of the ILO and the EU. By clearly defining the temporary employment agencies and specifying the conditions for their work, the rights and obligations of persons who conclude an employment contract with the temporary employment agency for the purpose of assigning temporary employment to the employer, and other mutual rights and obligations of the employees, agencies and employers of the users, This area and maximally protect the so-called. agency employees. Namely, agency employees will receive equal wages and other basic working conditions, safety and health at work and other working conditions applicable to employees directly employed by the employer-user (according to which the order and instructions of the agency employee work).
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Ivanova, Oksana Evgenevna, and Viktoriia Aleksandrovna Mishustina. "World Experience in Using Remote Forms of Employment: Advantages and Disadvantages." In All-Russian scientific and practical conference with international participation. Publishing house Sreda, 2021. http://dx.doi.org/10.31483/r-98928.
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Remote forms of employment in modern conditions are in the sphere of close attention of both developed and developing countries. The article analyzes the consequences of the transfer of employees to remote work, considers the latest changes in the labor legislation of various countries related to remote employment. The problems of Russian labor law related to the regulation of remote work, as well as the reasons that led to the need to change labor legislation in terms of the use of non-standard forms of employment in Russia, are identified
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Ivanova, Pavlina. "THE EXTRAORDINARY ASPECTS OF LABOR RELATIONS." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.105.
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The unprecedented situation in 2020 put employers in a state of uncertainty and challenged them to find new forms of work, maintain employment relationships, ensure a safe working environment and working conditions, and at the same time comply with regulatory requirements. In this context, labor legislation has had to be adapted to the new circumstances in which the elements of the employment relationship have acquired "extraordinary" aspects. The purpose of this report is to review new aspects of labor relations in a pandemic environment, discussing regulatory changes, their consequences and opportunities.
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Aleksandrov, Andrey. "FOR THE FAILED DIGITALIZATION OF THE EMPLOYMENT DOCUMENTATION AND THE JUSTICE ON LABOR DISPUTES AND THE DAMAGES SUFFERED BY THE SOCIETY FROM THIS." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.338.
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Still slow and uncertain, but still tangible, our labor legislation is beginning to recognize the benefits of digitizing labor law documentation - speed, security, economy, etc. The most important step in this direction was the adoption of the Ordinance on the type and requirements for the creation and storage of electronic documents in the employment file of the employee in 2018. However, are the administrative and judicial practice ready for such a "revolution"? From today's point of view, the possible conclusions do not seem promising.
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Avcı, Mustafa. "Treatise about Confiscation without Expropriation According to Turkish Law." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.01144.
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In the Turkish law, the most characteristic example of de facto action is confiscation without expropriation. A certain case is defined as confiscation without expropriation when an immovable property belonging to someone was occupied by the Administration for being used in public service and the occupation is not based on an expropriation procedure established in accordance with the rules and principles specified in the legislation. In that vein, it has been accepted that de facto confiscation resulting from unlawful acts of the Administration does not differ from wrongful acts of private persons, and thus such administrative acts should be subject to ordinary jurisdiction just like in the case of damages arising from wrongful acts of private persons. However, confiscation without expropriation is not always of this nature. In certain cases, although a given immovable property is not exposed to a de facto confiscation without expropriation, it may have been specified as a green area on the zoning plan. In such a case, the owner’s authorities deriving from property rights will be restricted. This situation may be considered a legal confiscation without expropriation. This study investigates the dualist structure resulting from the temporary Article 6 of the Law no. 2942 on Expropriation amended by Article 21 of the Law no. 6487 and the temporary Article 7 added to the Law of Expropriation by Article 22 of the same Law.
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Danev, Vladimir. "THE INSTITUTE OF REVOCATION OF AN ORDER FOR IMPOSITION OF A DISCIPLINARY PENALTY DISMISSAL ACCORDING TO THE LABOR CODE." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.126.
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The paper examines the institute for revocation of issued by the employer order for impo-sition of disciplinary sanction dismissal, which terminates also the employment contract - on employer's initiative - according to the legal frame of the Labour code. Based on the analysis of the Labour law regulations, as well as also the existent juridical doctrine and practice in its application actual problems and tendencies are marked. In conclusion proposals for improve-ment of the Bulgarian legislation in the area of the examined institute and recommendation of its practical application are made.
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Vlasov, Dmitry. "SYNERGY OF THE BUSINESS COMMUNITY ELECTRONIC PLATFORM FOR INTERNATIONAL ECONOMIC ACTIVITY PARTICIPANTS AND UNIFIED AUTOMATED INFORMATION SYSTEM OF CUSTOMS SERVICES (UAIS) AS A BREAKTHROUGH TECHNOLOGY FOR RUSSIAN TRANSIT POTENTIAL GROWING AND STRENGTHENING COOPERATION IN THE INTERNATIONAL MARKET." In Globalistics-2020: Global issues and the future of humankind. Interregional Social Organization for Assistance of Studying and Promotion the Scientific Heritage of N.D. Kondratieff / ISOASPSH of N.D. Kondratieff, 2020. http://dx.doi.org/10.46865/978-5-901640-33-3-2020-128-138.
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The implementation of communication identification tools in form of comprehensive triple toolkit as part of the “transparent international transport green corridor” will significantly simplify and accelerate the rate of passage and movement for transit foreign trade cargo flows. It will help law-abiding business community as foreign trade participants to follow the customs legislation within the customs territory of the EAEU, as well as to follow the level and quality of customs control at border checkpoints and within the route of goods along the entire transport corridor. The innovations will provide a huge regional infrastructure and socio-economic stability of regions, districts and settlements, thus it will lead to the stable employment of Russia and other EAEU citizens, as well as other world country-partners that take part in the “transparent international transport green corridor”.
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Morina, Gazmend, and Gani Kastrati. "ENVIRONMENTAL EXPENDITURE OF ENTERPRISES, IN MINING SECTOR IN KOSOVO." In 22nd SGEM International Multidisciplinary Scientific GeoConference 2022. STEF92 Technology, 2022. http://dx.doi.org/10.5593/sgem2022/5.1/s21.072.
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Environmental expenditures include all environmental protection expenditures to prevent, reduce and control environmental aspects, impacts and hazards, in addition to the costs of disposal, treatment, hygiene and cleaning. Environmental protection expenditures are defined as investments of enterprises allocated to reduce direct environmental pollution. In this scientific paper we will address the topic of environmental costs of enterprises in the mining sector in Kosovo. All enterprises of the mining industry in Kosovo are obliged by legislation to allocate or plan a budget for environmental expenditures. The Independent Commission for Mines and Minerals is an independent agency defined by the Constitution of the Republic of Kosovo, which regulates mining activities in Kosovo in accordance with the Law on Mines and Minerals, bylaws issued in accordance with the Law on Mines and Minerals and Kosovo Mining Strategy. This institution has determined by administrative instruction the expenses which the enterprises of the mining sector are obliged to deposit in the form of bank guarantees, for the closure of the mine, after the expiration of the license or permit. This type of expense for the company is otherwise called insurance "for all risks to third parties". Collecting high quality and reliable environmental expenditure data is essential for policymakers to develop effective environmental policies and for donors and financial institutions. Environmental criteria consider how a company performs as a nature manager. Mining areas often experience a theme of social tension due to the potential compromise between the expected impact of employment and concerns about environmental damage. Pollution control is a necessary condition for welfare benefits despite new job opportunities in the mining sector. Mining operations often require intensive use of water resources, require land and can create severe environmental externalities, including soil erosion and pollution, air and water, pollution from acid mine drainage, to chemical leakage and sedimentation. During this paper we will be based on some methods of scientific research such as: analysis, synthesis, generalization, specification, etc. We will be based on publications or official reports of relevant institutions, Kosovo and international legislation related to the topics addressed as well as field visits to the mining sector enterprises in Kosovo, which allocate more budget for environmental expenditures, for due to the activity they exercise. Finally, we will give our conclusions regarding the adequacy of environmental expenditures made by mining sector companies in Kosovo, the legislation in force and the need to amend or supplement this legislation, etc.