The “Employment Deal” Category and the Problem of Contestation of Legal Acts that Determine Content of the Wage Labor Relations

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Vladimir Boldyryev
Keyword(s):  
Labor Relations ◽  
Social Partner ◽  
Wage Labor ◽  
Corrupt Practice ◽  
Employment Contracts ◽  
Labour Relations ◽  
The Core ◽  
Collective Agreements ◽  
Common Problems ◽  
Partner Relations

The author proves that the existence of common problems associated with the need to invalidate employment contracts, apprenticeship agreements with employers, agreements on full material liability, and the desirability of legislative assumptions to contest collective agreements (local regulations) in whole or in part, does not indicate that they should be merged under the collective name of the “employment deal”. The author justifies that the core area of focus to resolve current problems related to corrupt practice during the adoption of local regulations, as part of social-partner relations among other things, should belong to a different domain — in legislative specialization of bodies competent to adopt (coordinate, approve) them, in particular, in transfer of relevant powers by discretionary rules of legislation to supreme corporate bodies of legal entities. The author proposes to enshrine in the law the rule on subsidiary application of the civil legislation on the invalidity of transactions to labour relations.

Legal Regulation of Labour Relations while having more than one Employer and Combining Jobs within one Company

2020 ◽  
Vol 8 ◽  
pp. 75-87
Author(s):  
E. A. Ershova
Keyword(s):  
Labor Relations ◽  
Legal Regulation ◽  
Employment Contracts ◽  
Labour Relations ◽  
Part Time

The article analyzes the theoretical and practical problems associated with the legal regulation of labor relations while having more than one employer and combining jobs within one company. The following conclusion is made: it is theoretically reasonable and practically productive to sign separate employment contracts – «basic» employment contracts and part-time employment contracts.

In Between Market and Charity: Child Domestic Work and Changing Labor Relations in Nineteenth-Century Ottoman Istanbul

2020 ◽  
Vol 97 ◽  
pp. 81-108
Author(s):  
Yahya Araz ◽  
İrfan Kokdaş
Keyword(s):  
Nineteenth Century ◽  
Foster Care ◽  
Child Labor ◽  
Labor Relations ◽  
Domestic Work ◽  
Domestic Service ◽  
Wage Labor ◽  
Service Market ◽  
Economic Interests ◽  
The Status

AbstractThis article focuses on children taken by Istanbulite families for upbringing and employment in the Ottoman capital during the 1800–1900 period. It suggests that domestic child labor which was shaped by the concept of ‘charity’ and economic interests during the first half of the nineteenth century progressively turned into wage labor during the second half of the century. The study claims that the nineteenth century witnessed a transformation of labor relations in the domestic service market, implying the transition from reciprocal to commodified labor. The labor of children employed in domestic services underwent a monetization process throughout the nineteenth century. Parallel to this monetization, the status of children under foster care or in domestic service came to be determined by standardized legal contracts.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.

scholarly journals Понятие, принципы, стороны, система (уровни) и организационные формы социального партнерства в сфере труда

2021 ◽  
Vol 70 (6) ◽  
pp. 48-51
Author(s):  
Е.М. Коничева
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Employment Contract ◽  
Social Partnership ◽  
Collective Agreements ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Collective Negotiations

The article is devoted to the analysis of the labor legislation of the Russian Federation in the context of the development of various forms of social partnership. The study concluded that social partnership is one of the forms of coordination of the interests of the parties to the employment contract between the employee and the employer. The development of labor relations in Russia is promoted by various commissions for the regulation of social and labor relations - social partnership bodies that have competence in the field of organizing collective negotiations and drafting collective agreements and contracts in accordance with the legislation

scholarly journals Analysing the Onus Issue in Dismissals Emanating from the Enforcement of Unilateral Changes to Conditions of Employment

2017 ◽  
Vol 14 (7) ◽  
pp. 146
Author(s):  
Riaz Ismail ◽  
Clarence Itumeleng Tshoose
Keyword(s):  
South Africa ◽  
South African ◽  
Labour Relations ◽  
Appeal Court ◽  
The Core ◽  
The United Kingdom ◽  
Mutual Interest ◽  
Core Section ◽  
The Right ◽  
Conditions Of Employment

The main objective of this article is to analyse the issue of onus emanating from the enforcement of unilateral changes to conditions of employment. At the heart of the controversy that has faced the Labour Appeal Court was how to interpret dismissals that appear to be based on operational requirements, and yet at the same time, such dismissals also appear to have the effect of compelling an employee to accept a demand in respect of a matter of mutual interest between the employer and the employee. The core section in the Labour Relations Act 66 of 1995 relating to disputes of this nature is section 187(1)(c) of the Act, and the central enquiry to such disputes is whether they are automatically unfair or operationally justifiable. The fine line that determines whether a dismissal is acceptable or not merits an analysis of the overall onus that faces an employer and employee. This analysis is the focus of the article, which deals predominantly with procedural issues. The issue relating to the promotion of collective bargaining will be assessed against the right to dismiss, based on an analysis of the situation in South Africa, and a brief comparison with the situations in the United Kingdom and Canada. Thereafter, recommendations are made to the South African legislature.

scholarly journals Features of Legal Regulation of Employment Contracts with Seasonal and Temporary Employees

2020 ◽  
Vol 89 (2) ◽  
pp. 69-76
Author(s):  
A. Ya. Radzividlo
Keyword(s):  
Working Conditions ◽  
Labor Relations ◽  
Legal Regulation ◽  
Climatic Conditions ◽  
Temporary Employees ◽  
Employment Contracts ◽  
Employment Contract

The article is focused on studying peculiarities of employment contracts with seasonal and temporary employees in Ukraine. The employment contract as the basis of the origin of labor relations with seasonal and temporary employees has been researched. The norms of the decrees of the Presidium of the Supreme Rada of the USSR “On working conditions of temporary employees and officials” dated from September 24, 1974 No. 311-09 and “On working conditions of employees and officials engaged in seasonal work” dated from September 24, 1974 No. 310-09 have been analyzed . It has been noted that peculiarities of legal regulation of employment contracts with temporary and seasonal employees relate primarily to their conclusion and termination, as well as content. It has been proved that some provisions of regulatory acts that regulate the employment of temporary and seasonal employees are outdated; others require some revision. It has been offered to develop modern regulatory acts on the application of temporary and seasonal work. These acts must first of all establish the concept: “seasonal employees – individuals hired under an employment contract for work that as a result of natural and climatic conditions performed not through a year, but during a certain period (season), not exceeding six months”; “temporary employees – individuals hired under an employment contract for a period up to two months, and for the replacement of temporarily absent employees, who retain their place of work (position) – up to four months”. It has been substantiated that the List of Seasonal Works and Seasonal Industries needs to be updated, based on the realities of the present day.

Labor Relations

2009 ◽  
Author(s):  
E. Kevin Kelloway ◽  
C. Gail Hepburn ◽  
Lori Francis
Keyword(s):  
Resource Management ◽  
Human Resource Management ◽  
Human Resource ◽  
Labor Relations ◽  
Human Resource Practices ◽  
Critical Importance ◽  
Collective Agreements ◽  
Considerable Impact

Although the extent of unionization may have declined in some jurisdictions, the practice of labor relations continues to have considerable impact on both individuals and organizations. On the organizational front, labor relations practice has implications for the implementation of human resource practices in organizations. For individuals, the dynamic of labor relations has been characterized as involving both conflict and change. This article reviews research on labor relations, highlighting its impact on individuals and organizations. It begins by considering the extent and nature of unionization in various jurisdictions. The article then considers the major “events” characterizing labor relations; from an individual's decision to join a union, through the negotiation of collective agreements and related strike action, to the administration and enforcement of agreement provisions via member grievances. It concludes with a review of other research assessing consequences of labor relations that are of critical importance for human resource management.

Transformation of Social and Labor Relations in Entrepreneurship

2018 ◽  
Vol 7 (2) ◽  
pp. 56-60
Author(s):  
Е. Вашаломидзе ◽  
E. Vashalomidze ◽  
С. Анохин ◽  
S. Anokhin
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Maximum Size ◽  
Labour Law ◽  
Labour Relations ◽  
The Russian Federation ◽  
Methodological Approaches ◽  
Unique Specificity

The article shows some problems of social and labour relations in entrepreneurship on the example of the payment of entrepreneurial labor in connection with the lack of the necessary methodological support of calculations of the complexity of this work. At that time according to article 132 “Remuneration of labor” of the Labor code of the Russian Federation of December 30, 2001 No. 197-FZ (in edition as of October 1, 2016) the salary of each worker depends on his qualification, complexity of the performed work, quantity and quality of the spent work and the maximum size is not limited. At the same time, any discrimination in setting and changing the conditions of remuneration is prohibited. This requirement of labour law should be respected with regard to the wages of employees of enterprises and organizations in any sphere and sector of the economy, including the economy of entrepreneurship, in view of employees engaged in entrepreneurial work. At the same time, entrepreneurial work has its own unique specificity, but in practice these specific wage conditions are not taken into account. Involuntarily, there is discrimination of entrepreneurial labor in the field of wages due to the lack of necessary methodological recommendations to address this problem. First of all, there is a lack of methodological approaches to determine the complexity of entrepreneurial labor, taking into account such important fundamental signs of its complexity as uncertainty, risks and competition.

Getting in gear for global competition: pacts on employment and competitiveness in the EU automobile industry

2001 ◽  
Vol 7 (4) ◽  
pp. 650-656 ◽  
Author(s):  
Stefan Zagelmeyer
Keyword(s):  
European Union ◽  
Automobile Industry ◽  
Employment Relationship ◽  
Global Competition ◽  
The European Union ◽  
Labour Relations ◽  
Collective Agreements ◽  
Competitive Success ◽  
Plant Level ◽  
The Eu

During the 1990s, company or plant-level collective agreements on employment and competitiveness were forged at most car producers in the European Union. These pacts aim at maintaining or creating jobs and at improving the competitiveness of the plant or company in intra-conglomerate as well as inter-company competition. This paper analyses these employment pacts and discusses their implications for labour relations. It concludes that these pacts should not just be seen as examples of concession bargaining, but rather as emerging forms of cooperative labour relations, focusing on adjusting the governance of the employment relationship to the imperatives of joint competitive success.

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