The Function and Limitation of the Theory of the Right of Expectation in Employment Relationship

2021 ◽  
Vol 56 (3) ◽  
pp. 253-284
Author(s):  
Eun-Jung Park ◽  
Ohseong Kwon
Keyword(s):  
Employment Relationship ◽  
The Right

THE RULES OF REMUNERATION OF THE WORKER COOPERATIVE MEMBERS

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 377-386
Author(s):  
Tomasz Duraj
Keyword(s):  
Employment Relationship ◽  
Labour Law ◽  
The Subject ◽  
The Right ◽  
Worker Cooperative ◽  
Economic Risks

The subject of the foregoing study is an analysis of the specific rules for the remuneration of members of a worker cooperative who, by contributing to the organisation, participate in the economic risks associated with its operation. Each member of a worker cooperative is guaranteed the right to participate in the profit (balance surplus) of the cooperative, but at the same time participates in covering its losses up to the amount of the declared contribution. This special status of members of a worker cooperative, together with the obligation to work for that organisation on the basis of an employment relationship, has an impact on the remuneration of that category of workers. This can be seen in the structure of their remuneration, which consists of the current salary and the share of the balance surplus to be distributed among the members in accordance with the rules laid down in the statutes. Moreover, the current salary of a member of a worker cooperative and his share of the balance surplus are under protection provided by labour law for the remuneration of the employees.

11. Statutory rights regulating the employment relationship

2017 ◽  
Author(s):  
Roseanne Russell
Keyword(s):  
Working Time ◽  
Employment Relationship ◽  
Whistle Blowing ◽  
Key Issues ◽  
The Right ◽  
Rest Breaks ◽  
Additional Reading

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about statutory rights regulating the employment relationship. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of statutory rights including protections regarding working time such as the right to annual leave and rest breaks, whistle-blowing, and rights regarding lay-offs. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

scholarly journals Collective Rights of Persons Engaged in Gainful Employment Outside the Employment Relationship – en Outline of the Issue

2021 ◽  
Vol 95 ◽  
pp. 7-18
Author(s):  
Tomasz Duraj
Keyword(s):  
Trade Union ◽  
Employment Relationship ◽  
Equal Treatment ◽  
Collective Agreement ◽  
Employment Relations ◽  
Gainful Employment ◽  
Collective Rights ◽  
Adopted Model ◽  
Atypical Employment ◽  
The Right

The main objective of the following study is to introduce readers to the issue of the 2nd National Scientific Conference in the series “Atypical Employment Relations” organized on 3 October 2019 by the Centre for Atypical Employment Relations of the University of Lodz. The consequence of extending the right of coalition to persons performing paid work outside the employment relationship was that they were guaranteed important collective rights, which until 1 January 2019 were reserved primarily for employees. The rights which Polish legislator ensured to non-employees include the right to equal treatment in employment due to membership in a trade union or performing trade union functions; the right to bargain with a view to the conclusion of collective agreement and other collective agreements; the right to bargain to resolve collective disputes and the right to organize strikes and other forms of protest, as well as the right to protect union activists. The author positively assesses the extension of collective rights to people engaged in gainful employment outside the employment relationship, noting a number of flaws and shortcomings of the analyzed norms. The manner of regulating this matter, through the mechanism of referring to the relevant provisions regulating the situation of employees, the statutory equalization of the scope of collective rights of non-employees with the situation of employees, the lack of criteria differentiating these rights, as well as the adopted model of trade union representation based on company trade unions, not taking into account the specific situation of people working for profit outside the employment relationship, are the reasons why the amendment to the trade union law is seen critically and requires further changes.

scholarly journals Desplazamiento transnacional laboral genuino y ley aplicable al contrato de trabajo = Genuine posting and the law applicable to the employment contract

2018 ◽  
Vol 10 (1) ◽  
pp. 213 ◽  
Author(s):  
Francisco Javier Gómez Abelleira
Keyword(s):  
European Union ◽  
Home Country ◽  
Practical Implication ◽  
Employment Law ◽  
Employment Relationship ◽  
The European Union ◽  
Employment Contract ◽  
Provision Of Services ◽  
The Individual ◽  
The Right

Resumen: La aplicación correcta de la Directiva 96/71 exige identificar el desplazamiento temporal genuino. A tal efecto, los criterios de la Directiva 2014/67 se muestran insuficientes. El artículo construye el concepto de desplazamiento genuino profundizando en los elementos definitorios del desplazamiento temporal: temporalidad, mantenimiento de la relación laboral con el empleador del Estado de establecimiento y vínculo con la prestación transnacional de servicios. La implicación práctica más importante es que las autoridades del Estado de desplazamiento pueden decidir la aplicación íntegra de su ley laboral cuando encuentran que el desplazamiento no es genuinos.Palabras clave: desplazamiento transnacional de trabajadores; ley aplicable al contrato de trabajo; libre prestación de servicios; derecho de la Unión Europea.Abstract: The right application of Directive 96/71 requires the identification of genuine posting. To this aim the criteria laid down by Directive 2014/67 are insufficient. The article frames the concept of genuine posting building upon the defining characteristics of posting: temporality, the maintenance of the employment relationship with the home country employer, and the link with the transnational provision of services. The main practical implication is that the authorities of the host country can impose the full application of its employment law when they find that the posting is not genuine.Keywords: posting of workers; law applicable to the individual employment contract; freedom to provide services; law of the European Union.

scholarly journals PAYMENT OF WAGE UNDER MINIMUM WAGE FOR ABDI DALEM SULTAN PALACE (DAERAH ISTIMEWA YOGYAKARTA)

2019 ◽  
Vol 7 (3) ◽  
pp. 52-58
Author(s):  
Asri Wijayanti ◽  
Aniqotun Nafiah
Keyword(s):  
Minimum Wage ◽  
Employment Relationship ◽  
Working Relationship ◽  
Legal Research ◽  
The Law ◽  
The Right

Purpose of Study: The compensation for running a job is to get wages. There is one form of wage protection through minimum wage. The fact is, there are still workers who have not earned a minimum wage of minimum wage after they run their jobs. One of them is the court palace of Yogyakarta Palace. This study aims to analyze the validity of the court servants in getting wages below the minimum wage. Methodology: This legal research uses a socio-legal approach. The result of this research is Abdi Dalem get wages in the form of “kecuca” which amount is less than the minimum wage of Yogyakarta Province. Sultan Hamengkubuana X should be prosecuted for violation of Article 90 paragraph (2) jo. Article 187 of Law Number 13  Year  2003.  The right to prosecute of the courtiers has never been implemented because the working relationship between the courtiers and the Sultan is devotion. The sense of service is the soul of the agreement on which the working relationship is based. What has been agreed upon by the parties binding as the law for the party making it (Article 1338 B.W. Burgerlijkwetboek). Results: The significance of this research is that the principle of local wisdom which is the basis of working relations can be unleashed. Implications/Applications: The contribution of this research is the emergence of an understanding that the employment relationship is not solely aimed at earning wages. A sense of tranquility after work becomes the choice of the destination of the courtiers to serve the Sultanate of Yogyakarta.

scholarly journals Employee's right to privacy: Where is the bound of the employer's right to monitor employees' communications

2020 ◽  
pp. 85-99
Author(s):  
Milica Kovač-Orlandić
Keyword(s):  
High Sensitivity ◽  
Private Life ◽  
Employment Relationship ◽  
Right To Privacy ◽  
Labour Law ◽  
The Right To Privacy ◽  
Legitimate Interests ◽  
Conflicting Interests ◽  
The Right ◽  
Consistent Application

Starting from the assumption that employees enjoy the protection of private life in relation to their employers, this paper seeks to answer the question how the right to privacy as a civil right can be incorporated into labour law without, concurrently, undermining the nature of the employment relationship, and considering the subordination as its primary feature. Accordingly, the nature of this right is analysed and the conditions under which it can be restricted in the workplace. Taking into account that the breaches of privacy and even more subtle ways of breach have increased in frequency in the workplace, the author deals with the issue of monitoring the employee's communication, pointing to the high sensitivity of this topic, since at the same time numerous legitimate interests of the worker should be fulfilled, as well as of the employer. The aim of the paper is to point out that in this case, the consistent application of the principles of legitimacy, proportionality and transparency is crucial for balancing the conflicting interests of workers and employers.

Regulating casual employment in Australia

2018 ◽  
Vol 60 (5) ◽  
pp. 593-618 ◽  
Author(s):  
Raymond Markey ◽  
Joseph McIvor
Keyword(s):  
Trade Unions ◽  
Employment Status ◽  
Employment Relationship ◽  
Permanent Employment ◽  
Commission Decision ◽  
Australian Council ◽  
Employment Standards ◽  
The Right ◽  
Protective Regulations

The rise of precarious and non-standard working arrangements has received substantial attention in recent times. In Australia precarious work has been particularly associated with the phenomenon of casual work, defined as employment without the leave benefits provided by the National Employment Standards. Casual employment status is at the employers' discretion. It may be long term and involve short shifts of less than 4 hours. In the recent Modern Awards Review by the Australian Fair Work Commission, the Australian Council of Trade Unions submitted proposals to limit employers' ability to unilaterally determine the employment relationship and to reduce the degree of precariousness associated with casual employment. The Australian Council of Trade Unions sought the right for long-term casuals to convert to permanent employment and to extend minimum hours for shifts. This article surveys the evidence, primary and secondary, regarding the extent and nature of Australian casual employment, including its impact on flexibility, earnings security and productivity. In this context, we explore the implications of the Australian Council of Trade Unions claims and Fair Work Commission decision, and present data from a survey of casual employees regarding employment preferences. Whilst some employees prefer casual status, we find that many would benefit from protective regulations, and that most casuals support such regulation.

scholarly journals Casual Employment Contracts and Their Status in the Current Climate. Summary of a Workshop.

1970 ◽  
Author(s):  
Judith Ferguson
Keyword(s):  
Employment Relationship ◽  
Employment Contracts ◽  
Grievance Procedures ◽  
Current Climate ◽  
Legal Implications ◽  
The Status ◽  
The Right

Judith Ferguson led a workshop on casual employment, focussing on the legal implications surrounding the status of a casual worker. The workshop was concerned with legal access to personal grievance procedures and, by implication, the right to fair and reasonable treatment from an employer, particularly at the end of the employment relationship.

scholarly journals Towards a fair hearing for all employees: A case of probationary employee's in Kenya and the right to be heard prior to dismissal

Obiter ◽  
2021 ◽  
Vol 41 (3) ◽  
pp. 555-572
Author(s):  
Johana K Gathongo
Keyword(s):  
Due Process ◽  
Employment Relationship ◽  
Labour Relations ◽  
The Status ◽  
Labour Practice ◽  
Contract Of Employment ◽  
The Law ◽  
Labour Legislation ◽  
The Right ◽  
Newly Hired

An employer may require a newly hired employee to serve a reasonable period of probation to establish whether or not his or her performance is of an acceptable standard before permanently engaging the employee. Even so, the current provisions relating to termination of probationary employees under the Employment Act, 2007 (EA) remains a source of concern. Currently, an employer may terminate the employment of a probationary employee at will and without affording such employee an opportunity to be heard. The status quo has received firm approval by the Employment and Labour Relations Court accentuating that employers are immune from claims of unfair termination of a probationary employee. This article argues that for termination to be considered procedurally fair whether during a probation period or not, it should be preceded by an opportunity for an employee to state a case in response to the charges levelled against him or her. This article highlights that all laws in Kenya, including the EA are subject to the Constitution, particularly article 41(1) of the Constitution which guarantees “every person” the right to fair labour practice. Equally, article 27 of the Constitution states that everyone is equal before the law and has a right to equal protection and benefit of the law. Allowing employers’ the freedom to terminate employment without following due process certainly open up the floodgates for abuse of the primary purpose of probation. The mere fact that a contract of employment is labelled as “probationary contract” should not be used as a licence by employers to erode the constitutionally entrenched labour rights. The primary purpose of any good law is to advance the achievement of equity and fairness at the workplace. This can only be achieved by protecting vulnerable and marginalised employees such as probationary employees who participate in unpredictable forms of employment. This article maintains that prominence should be on the existence of an employment relationship and fair labour practice as opposed to the existence of a conditional contract of employment. The existence of an employment relationship should serve as the main “port of entry” through which all employees access the rights and protection guaranteed by labour legislation.

scholarly journals Darba tiesisko attiecību izbeigšanas problemātika Darba likuma 101. panta pirmās daļas 3. un 4. punktā noteiktajos gadījumos

2016 ◽  
Vol 3 (6) ◽  
pp. 99-107 ◽  
Author(s):  
Dace Tarasova
Keyword(s):  
Employment Relationship ◽  
The Right

Dace Tarasova savā rakstā pievērš uzmanību vairākām problēmām darba tiesisko attiecību regulējumā. Autore pēta darba tiesisko attiecību izbeigšanu, pamatojoties uz to, kad darbinieks, veicot darbu, rīkojies pretēji labiem tikumiem. Dace Tarasova in her article turns the attention to a series of problems in the regulation of legal employment relationship. The author studies the termination of legal employment relationship referring to the fact that an employee, while doing work, has acted contrary to the right virtues.

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