Contents
Academic literature on the topic 'Transfer of the establishment to another employer'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Transfer of the establishment to another employer.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Transfer of the establishment to another employer"
1
ZAITCEVA, LARISA V., and TATYANA V. LUZINA. "LABOR LEGISLATION AS A TOOL FOR ENSURING MIGRATION SAFETY." Proceedings of the Institute of State and Law of the RAS 14, no. 5 (2019): 168–95. http://dx.doi.org/10.35427/2073-4522-2019-14-5-zaitceva-luzina.
Full textAbstract:
The labor legislation may have an impact on the level of migration safety in the country. On the one hand, it provides conditions for improvement of the labor force mobility domestically through the establishment of guarantees and compensations due to relocation to another region. On the other hand, the labor legislation ensures control over legal external labor migration and protects internal labor market against illegal migrants and social damping in respect of labor conditions through the establishment of special diferentiation of legal regulation of labor of foreign citizens and individuals without citizenship.Russia demonstrates a traditionally low level of internal labor mobility, the fact that results in preservation of localization of regional labor markets and prevents from efficient usage of labor force. The main challenges in this area are the matters related to provision of housing for displaced persons which is beyond the scope of regulation by the labor legislation.The legal instruments ensuring the exercise of temporary internal labor mi gra-tion are associated with such forms of labor organization as work on a rotational basis, seasonal work, and outstaffing. Remote working can be roughly attributed to such forms.In the Russian Federation citizens still face an employment problem if they do not have registration at their place of residence. The regulations of the labor legislation on prohibition of discrimination, inter alia, based upon place of residence, availability or lack of registration at one’s place of residence as well as regulations on administrative liability for the respective acts serve as sufficient legal remedies against illegal refusal to recruit. The problems of efficiency of such remedies are to a large extent linked to procedural aspects — dissemination of general rules for the shared burden of proof on disputes on discrimination in labor sector.The issues of external migration are governed primarily by the standards of ad mi nistrative law. The labor legislation regulates labor relationships with the participation of foreign citizens and individuals without citizenship and establishes features for regulation of their labor not forming discrimination. Along with this, there are problems to be resolved. The following can be identified. The regulations of the Labor Code of RF governing features for temporary transfer of foreign employees and the related additional grounds for termination of labor contract bring instability into such labor relationships and provide a context for abuses on the part of employer. Regardless the fact that the legislation doesn’t prohibit remote working for foreign citizens, the Ministry of Labor and Social Security of RF considers it impossible to conclude an employment contract on remote working with a foreign employee residing abroad. Moreover, the Russian legislation doesn’t provide for a possibility to conclude an employment contact in the languages of both parties as stipulated in Guidelines No.86 of the International Labor Organization "On migrant workers" (revised in 1949).It is necessary to continue improving the labor legislation for the purposes of facilitating internal labor mobility, protecting employees against discrimination and malpractices of socio-labor damping.
2
Paryagina, O. A. "Transfer of an Employee to Another Job in Accordance with a Medical Report." Siberian Law Herald 2 (2021): 48–54. http://dx.doi.org/10.26516/2071-8136.2021.2.48.
Full textAbstract:
The position of the Constitutional Court of the Russian Federation on the constitutionality of article 73 of the Russian Labour Code on the transfer of an employee to another job in accordance with a medical report has been investigated. On the basis of an analysis of law enforcement and jurisprudence, the need for some improvement in the legal regulation of the transfer was made in order to ensure the health and employment of workers. In the case of the employer’s absence from the relevant job, it is proposed to provide for payment of the period of removal of the employee from work for health reasons as downtime for reasons beyond the control of the employer and the employee. Measures to eliminate problems related to the determination, interpretation or disregard of medical opinions by employers on the transfer of an employee to another work for medical reasons have been identified. Taking into account the foreign experience of legal regulation of procedures for changing and terminating employment relations, the idea of establishing in article 73 of the Russian Labour Code is advocated the period during which the employer is obliged to resolve the issues arising from the obligatory transfer of a suspended employee to another job in accordance with the medical report. It is considered appropriate to regulate the conditions of the analyzed transfer of workers to work in another area, to provide with the assistance of the employment authorities additional guarantees when transferring to persons who have suffered as a result of work injury, occupational disease or other damage to health related to work. The conclusion is based on the urgency of the obligation in the courts to prove the legality of termination of the employment contract in the event of refusal of the employee to transfer to other work, necessary for him in accordance with the medical opinion, or the absence of the employer of the appropriate work.
3
Sharma, Anshika, and Aarti Garg. "Knowledge Transfer: An Empirical Study on Factors Yielding the Effectiveness of the Academia–Industry Interface (With Special Reference to Moradabad City)." Management and Economics Research Journal 5 (2019): 1. http://dx.doi.org/10.18639/merj.2020.961567.
Full textAbstract:
In the era of globalization and making headway in innovation, educational establishments and industries are confronting new difficulties as well as openings in the zone of transferring knowledge. The stipulation for students and lecturers has changed significantly and they anticipate becoming competent enough to use new technology for researching. With the growing pace of technology, the faculty, students, and managers are becoming more hi-tech-oriented as never before, which is resulting in more demand for research and training. Training will help the academia–industry to compete in the global environment as well as cater to international students and fulfill their needs too. However, to remain competent globally, knowledge transfer has become the need of the hour to disseminate knowledge and provide inputs to solve business problems. Knowledge transfer between educational institutions and industry is considered as an important driver of innovation and economic growth, as it eases the commercialization of new scientific knowledge within firms. Knowledge transfer denotes facilitating the sharing of the mentioned knowledge with one another. The paper will emphasize on a methodical literature review of the academia–industry interface in order to identify various factors contributing to their effectiveness. The primary data was collected through a questionnaire survey done on a sample of 100 employees working in various educational institutions and industries of Moradabad city, Uttar Pradesh, India and analyzed with the help of various statistical tools. The study also aims to identify the impact of key success factors on employee compliance with knowledge transfer. The researcher also evaluates the impact of employee compliance with knowledge transfer on organizational effectiveness. The contribution of this study will help both educational institutions and industry to better understand the knowledge transfer systems.
4
Deák, Dániel. "Outbound establishment revisited in Cartesio." EC Tax Review 17, Issue 6 (2008): 250–58. http://dx.doi.org/10.54648/ecta2008081.
Full textAbstract:
In the pending case with Cartesio, the national court raises the question whether the right of a business to transfer its seat to another Member State is covered by Community law even in the absence of the comprehensive harmonisation of national company laws. The Advocate General of this case concludes that the Republic of Hungary is not able to justify the absolute restriction on the right of establishment where a Hungarian–registered business is not allowed to transfer its seat to another Member State (whether remaining resident in Hungary or not), without being dissolved. It is problematic, however, that Cartesio is a ‘moving out’ case like Daily Mail (outbound establishment), and Centros and like cases are ‘moving in’ issues (inbound establishment).
5
Dedyuyeva, Maya V., and Dar'ya A. Solov'yova. "Problematic issues of another job offer upon termination of an employment contract to downsize the number or staff." Vestnik of Kostroma State University, no. 2 (2019): 260–63. http://dx.doi.org/10.34216/1998-0817-2019-25-2-260-263.
Full textAbstract:
The article describes a number of problematic issues that arise upon offering another job to an employee who is dismissed by number or staff reduction, – whether it is a duty to offer temporary work, or work in another locality. After analysing the opinions of scientists regarding the offer of the position of an employee who is on maternity leave, parental leave, the authors come to the conclusion that such a position is legally occupied. On the basis of a study of judicial practice, it was concluded that the positions that are employed in the positions overlapping are also not vacant. The article raises the question about offering to reduced employee a position that is offered to another person invited to work in writing, in order of transfer from another employer. The authors consider that if the monthly period from the day of dismissal of person from the previous job has not yet expired, such a position also can not be offered as another job in case of dismissal to reduce, because the employer is obliged to comply with the guarantees provided by law when applying for a job.
6
Noor Shuhadawati Binti Mohamad Amin, Ashgar Ali Ali Mohamed, and Areej Torla. "RETIREMENT BENEFIT IN MALAYSIA: UNDERSTANDING THE LEGAL FRAMEWORK AND ITS CHALLENGES TO THE MIGRANT WORKERS." IIUM Law Journal 29, no. 2 (2021): 199–220. http://dx.doi.org/10.31436/iiumlj.v29i2.573.
Full textAbstract:
The retirement benefits scheme is one of the social security protections accorded to employees around the world. In Malaysia, the retirement benefits scheme is in the form of the contribution made by both employer and employee at a specified rate based on the employee’s monthly wages and such contribution will be credited into the employee’s fund. An employee is allowed to withdraw money from the fund when he or she reaches retirement age. The doctrinal study found that the retirement benefits scheme in Malaysia differs greatly between the local employees and migrant workers. Although migrant workers are allowed to contribute to the retirement benefits scheme known as Employees Provident Fund, their contribution is voluntary, and not done compulsorily. The contribution of the employer is capped at only RM5 per month, which is very low. It is exacerbated by the fact that the contribution in the fund is not transferable as the Employees Provident Fund Act does not provide any provision to transfer the retirement benefit to another scheme in another country. It is hoped that these challenges faced by migrant workers will be given due consideration by the government to allow the migrant workers to have adequate social security protection by reforming the current retirement benefit statute or introducing a new retirement benefit statute that only protects the migrant workers.
7
Ronfeldt, Thomas, and Thomas Ronfeldt. "Merger as a Method of Establishment: on Cross-border Mergers, Transfer of Domicile and Divisions, Directly Applicable under the EC Treaty’s Freedom of Establishment." European Company Law 3, Issue 3 (2006): 125–29. http://dx.doi.org/10.54648/eucl2006030.
Full textAbstract:
An important judgement of 13 December 2005 by the European Court in Sevic finds that the freedom of establishment under the EC Treaty applies directly to cross-border mergers without any need for directives on the matter, as mergers are to be deemed a method of establishment. This contribution analyses the judgment’s far reaching consequences, among them the fact that by analogy, commercial legal persons will be able to transfer from one country to another or to be the object of cross-border divisions by direct application of the principle of freedom of establishment under the Treaty, in other words without any need for harmonisation directives.
8
Mörsdorf, Oliver. "The legal mobility of companies within the European Union through cross-border conversion." Common Market Law Review 49, Issue 2 (2012): 629–70. http://dx.doi.org/10.54648/cola2012022.
Full textAbstract:
Over the last decade, the case law of the ECJ on the freedom of establishment for companies has led to a high degree of corporate mobility within the EU. As a result of that case law it is nowadays common sense among academics that companies which have been founded under the law of a Member State may transfer their real seat to another Member State with no change of legal form as far as the Member State of incorporation allows for such an operation. However, it remains to be clarified whether EU law also grants - besides said right of physical establishment - a right of legal establishment by allowing companies to convert into a legal form of another Member State. In the first part of the article, there is an analysis of whether companies may invoke primary law, notably the right of establishment, in order to conduct such an operation. In this context, two forms of cross-border con-version are addressed separately: cross-border-conversion with an attendant transfer of real seat and, far more problematic, isolated cross-border conversion. The second part of the article contains an outlook on a possible secondary measure enabling and regulating the cross-border conversion of EU companies. Although the Commission has stopped working on a 14th directive on the transfer of registered seat, it will be demonstrated that there is actually a strong need for such a measure. Special focus will also be on the question whether the EU has competence to take any steps in that direction, a problem which is often overlooked, particularly with regard to isolated cross-border conversion.
9
Олена Олександрівна Конопельцева. "Employee’s state of health as a reason for termination of an employment contract at the initiative of the employer." Problems of Legality, no. 149 (June 9, 2020): 80–91. http://dx.doi.org/10.21564/2414-990x.149.199961.
Full textAbstract:
The grounds on which the employer is allowed to terminate the employment contract with the employee are considered if the employee's inconsistency with the position or job is established. It is emphasized that dismissal of an employee is allowed in case of a discrepancy due to a state of health, which hinders the continuation of this work, if it is impossible to transfer him to an easier job due to the absence of a vacant job or refusal to transfer. A characteristic feature of dismissing an employee due to poor health is the lack of guilt. The inability of the employee to perform his or her work duties is linked to the state of health and does not depend on his will and desire, and therefore cannot be blamed on him. The article proves that temporary disability cannot be considered as a reason to dismiss a worker.According to the medical report, the owner or his authorized body must transfer such persons with their consent to such work temporarily or without a time limit. Such transfer of an employee is possible under the conditions on which both medical and legal basis can be.In the case of refusal of the employee to transfer or absence at the enterprise of work that he could perform without harm to his health, the owner or his authorized body may raise the issue of his dismissal in due course due to the found inconsistency of the occupied position or performed work due to a state of health that impedes the continuation of this work (paragraph 2 of Article 40 of the Labor Code of Ukraine). Such dismissal shall be allowed in the exceptional cases where the owner or his authorized body really does not have the opportunity to transfer the employee upon his or her consent to another job according to a medical report.
10
Prelič, Saša, and Jerneja Prostor. "The transfer of the company’s registered office." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 37, no. 1 (2016): 449–66. http://dx.doi.org/10.30925/zpfsr.37.1.16.
Full textAbstract:
In the light of the relevant case law of The Court of Justice of the EU it is emphasized that the cross-border transfer of company’s registered office (and its real seat) must be permitted in accordance with the Treaty on the Functioning of the EU. Nevertheless, the Fourteenth Company law Directive should be adopted for the reasons of legal certainty and it should determine, whether the transfer of the registered office (without transfer of company’s real seat) to another Member State is admissible or not. Furthermore, the authors discuss the cross-border restructuring of the company, which in addition to relocation of the registered office also includes a change of its legal form. The Court of Justice of the EU has not yet decided on such cross-border restructuring, nevertheless it should be allowed based of the freedom of establishment (cross-border formal transformation).
Books on the topic "Transfer of the establishment to another employer"
1
Kovács, Erika, and Martin Winner, eds. Stakeholder Protection in Restructuring. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845292168.
Full textAbstract:
Restructuring of companies, particularly merger and division both domestically or in a cross-border situation, has far-reaching consequences for all stakeholders. The contributions focus on the question of how to protect the interests of shareholders, creditors and employees at a European and national level appropriately. The articles discuss how to promote freedom of establishment in the growing competition between legal systems without encouraging a race to the bottom in the company and labour law framework. The cross-border conversion of companies is particularly delicate in this regard. From the workers’ point of view, it is decisive whether a restructuring constitute a transfer of undertaking and which labour law consequences a transfer has. Another particularly interesting aspect is the fate of the board-level employee representation in case of corporate restructuring. The papers shed light on European developments and some selected national manifestations of these issues. The authors are distinguished Austrian, German, Italian, Spanish, Polish and Serbian professors who specialise in company and labour law.
2
Jefferson, Michael. 11. Continuity of employment and TUPE. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815167.003.0011.
Full textAbstract:
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses continuous employment and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). An employee’s period of continuous employment begins on the day on which the employee starts work. Although continuity provisions normally apply to employment by one employer, there are situations where a transfer from one employer to another can preserve continuity of employment. One such situation is when there is a relevant transfer under TUPE. TUPE acts to ensure that an individual’s contract of employment is transferred in its entirety when the individual employee experiences a change of employer as a result of a transfer.
3
Jefferson, Michael. 11. Continuity of employment and TUPE. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198759157.003.0011.
Full textAbstract:
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses continuous employment and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). An employee’s period of continuous employment begins on the day on which the employee starts work. Although continuity provisions normally apply to employment by one employer, there are situations where a transfer from one employer to another can preserve continuity of employment. One such situation is when there is a relevant transfer under TUPE. TUPE acts to ensure that an individual’s contract of employment is transferred in its entirety when the individual employee experiences a change of employer as a result of a transfer.
4
Steinkogler, Cordula. Austrian National Space Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190647926.013.96.
Full textAbstract:
This is an advance summary of a forthcoming article in the Oxford Encyclopedia of Planetary Science. Please check back later for the full article.The Austrian Outer Space Act, which entered into force in December 2011; and the Austrian Outer Space Regulation, which has been in force since February 2015, form the legal framework for Austrian national space activities. The elaboration of national space legislation became necessary to ensure compliance with Austria’s obligations as State Party to the five United Nations Space Treaties when the first two Austrian satellites were launched in 2012 and Austria became a launching state on its own. The legislation comprehensively regulates legal aspects related to space activities, such as authorization, supervision, and termination of space activities; registration and transfer of space objects; recourse of the government against the operator; as well as implementation of the law and sanctions for its infringement. One of the main purposes of the law is to ensure the authorization of national space activities. The Outer Space Act sets forth the main conditions for authorization, which inter alia refer to the expertise of the operator; requirements for orbital positions and frequency assignments; space debris mitigation, insurance requirements, and the safeguard of public order; public health; national security as well as Austrian foreign policy interests; and international law obligations. The Austrian Outer Space Regulation complements these provisions by specifying the documents the operator must submit as evidence of the fulfillment of the authorization conditions, which include the results of safety tests, emergency plans, and information on the collection and use of Earth observation data. Particular importance is attached to the mitigation of space debris. Operators are required to take measures in accordance with international space debris mitigation guidelines for the avoidance of operational debris, the prevention of on-orbit break-ups and collisions, and the removal of space objects from Earth orbit after the end of the mission. Another specificity of the Austrian space legislation is the possibility of an exemption from the insurance requirement or a reduction of the insurance sum, if the space activity is in the public interest. This allows support to space activities that serve science, research, and education. Moreover, the law also provides for the establishment of a national registry for objects launched into outer space by the competent Austrian Ministry. The first two Austrian satellites have been entered into this registry after their launch in 2012. The third Austrian satellite, launched in June 2017, will be the first satellite authorized under the Austrian space legislation.
Book chapters on the topic "Transfer of the establishment to another employer"
1
Ark-Yıldırım, Ceren, and Marc Smyrl. "Origins and Consequences of Market Citizenship." In Social Cash Transfer in Turkey. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-70381-3_2.
Full textAbstract:
AbstractIn this chapter, we establish the historical context needed to understand the place of cash transfer in contemporary market-enhancing social policy. To this end we outline the circumstances that led to the establishment of the twentieth-century regime of “industrial citizenship,” to growing criticism of it, and finally to the rise to prominence of a competing model, labeled (largely by its opponents) as “market citizenship.” We pay considerable attention at each step to the social and philosophical debates that surrounded this evolution, trying to understand not just how one citizenship regime was challenged and partially replaced by another, but why.
2
Jefferson, Michael. "11. Continuity of employment and TUPE." In Employment Law Concentrate. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198871323.003.0011.
Full textAbstract:
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses continuous employment and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). An employee’s period of continuous employment begins on the day on which the employee starts work. Although continuity provisions normally apply to employment by one employer, there are situations where a transfer from one employer to another can preserve continuity of employment. One such situation is when there is a relevant transfer under TUPE. TUPE acts to ensure that an individual’s contract of employment is transferred in its entirety when the individual employee experiences a change of employer as a result of a transfer.
3
Asif, Malik, Shayesta Islam, Mushtaq A. Malik, et al. "Nano Pesticides Application in Agriculture and Their Impact on Environment." In Agricultural Development in Asia - Potential Use of Nano-Materials and Nano-Technology. IntechOpen, 2022. http://dx.doi.org/10.5772/intechopen.100690.
Full textAbstract:
Environmental contamination and the tolerance developed by the pests, pathogens are some of the environmental issues related to the aimless utilization of chemical pesticides. It has became matter of serious concern for environment, food quality and soil health. Nanotechnology, envisaged as a swiftly emerging field has capability to reform food systems in agriculture. Nanotechnology provides an imperishable solution to these problems by the establishment of nano-pesticides. The functional components or the conveyor molecules used are of nano size. The performance of these nano sized particles is much better the traditional pesticides, as the smaller size aids in proper spreading on the pest surface. Amelioration in solubility of operational components, betterment in stability of formulation, gradual liberation of operational components and enhancement in mobility are some of the paramount advantages of nano particles attributed to the minute size of particles and greater surface area. Thus, nano particles have strengthened activity against target pests in comparison to bulk materials. Furthermore, nano-formulations sustain productive use in agriculture by offering systemic properties, uniform leaf coverage and enhanced soil properties. Despite all the positive aspects, it might have certain negative effects as well, like exposure of humans through distinct routes Viz, exposure to nano pesticides either directly or indirectly like adsorption through skin, or inhalation while breathing air or transfer from one energy level to another by taking contaminated food and water.
4
Walsh, Trish, George Wilson, and Erna O’Connor. "Social work mobility in Europe: a case study from Ireland." In Transnational Social Work. Policy Press, 2018. http://dx.doi.org/10.1332/policypress/9781447333364.003.0015.
Full textAbstract:
Social work has been viewed as one of the most nation-specific of the professions, ‘being closely tied up with national traditions, mentalities and institutions’ (Kornbeck, 2004, p 146). In addition, the political imperatives of national governments, austerity measures and managerialism drive approaches to service delivery which may supersede social work’s professional priorities. This militates against an automatic or easy transfer of professional knowledge from one country to another. In spite of this, there has been an enduring interest in developing international forms of social work that transcend national borders (Gray and Fook, 2004; Lyons et al, 2012). In this chapter, we present a case study of social worker mobility as it has evolved from the establishment of the first national social work registration body in the Republic of Ireland in 1997 with a particular focus on data from 2004-13 capturing the years leading up to, and in the aftermath of, the global financial crisis of 2008. We contrast this with the situation in Northern Ireland (NI), part of the UK and a separate and distinct political and legal entity with its own policies and practices. We draw on statistical and descriptive data provided by Irish social work registration bodies (NSWQB 1997-2011; CORU established in 2011 and NISCC, the Northern Ireland Social Care Council established in 2001) to illustrate (i) how sensitive contemporary mobility patterns are to changing economic and political factors; (ii) how rapidly patterns of mobility change and (iii) how much more mired in complexity European social work mobility is likely to be if the European project itself fractures, as is possible following the Brexit referendum vote in the UK.