scholarly journals REFLECTIONS ON WORKING TIME - AN ESSENTIAL ELEMENT OF THE INDIVIDUAL EMPLOYMENT CONTRACT

2014 ◽  
Vol 8 (2) ◽  
pp. 50-55
Author(s):  
Carmen-Constantina Nenu
Keyword(s):  
Essential Element ◽  
Working Time ◽  
Employment Relationship ◽  
Employment Contract ◽  
Similar Object ◽  
The Individual ◽  
Statutory Regulation

Conducting work within a specified number of hours and according to a certain programis a defining feature of the individual labour contract, one of the criteria for differentiating itfrom civil or commercial legal relationships with a similar object. Considering thesecharacteristics of the employment contract, it is particularly important to analyze the legalframework to determine whether the current statutory regulation of international and Europeanlevel is respected by the national law. It is equally important to identify the main lines of action,so as to create a balance between capital positions represented by the employer and labourrepresented by the employee, within the individual employment relationship.

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.

THE FREEDOM OF CONTRACT AND ADDITIONAL CONTRACTS OF THE PARTIES TO THE EMPLOYMENT RELATIONSHIP

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 427-441
Author(s):  
Artur Tomanek
Keyword(s):  
Employment Relationship ◽  
Labour Law ◽  
Employment Contract ◽  
Freedom Of Contract ◽  
Basic Model ◽  
Legal Relationship ◽  
Numerus Clausus ◽  
The Individual ◽  
Regulatory Model

The issue of freedom of contract in the individual labour law is discussed in this text taking into account the additional conctracts, concluded by the employer and the employee in addition to the primary contract (i.e. employment contract). The scope of freedom of contract which is construed in the relation to the additional contracts shows deviations from the basic model. The main difference is the recognition of the rule of numerus apertus (as opposed to numerus clausus rule) of additional conctracts. The specifity of additional contracts extends the freedom of parties of an employment relationship to form the content of that legal relationship. This, however, does not prejudge a question of a regulatory model of the above-mentioned freedom.

scholarly journals Collective Employment Contracts and New Working Time Arrangements in New Zealand

1970 ◽  
Author(s):  
Raymond Harbridge ◽  
David Tolich
Keyword(s):  
New Zealand ◽  
Working Time ◽  
Full Time ◽  
Hours Worked ◽  
Employment Contracts ◽  
Employment Contract ◽  
The Hours ◽  
The Impact ◽  
Statutory Regulation

The research reported in this paper examines the impact in New Zealand of the liberalisation of the statutory regulation on working time in collective employment contract bargaining. Specifically this research reports working time arrangements that are changed in three areas. First the reduction (or extension) of the working week - thus decreasing (or increasing) the number of hours worked by full time workers. Second, the scheduling of the hours worked each week by full time workers. Here changes to the span of days available (and whether that span includes weekend days) and the span of hours available for ordinary work each day have been identified. Third, the application of overtime payments and the specific overtime rate has been examined.

Semiology of the Pain Syndrome - Identifying the Ideal Methods of Locoregional Anesthesia Based on Their Rationale and Features

2017 ◽  
Vol 68 (10) ◽  
pp. 2373-2377
Author(s):  
Mihaela Monica Scutariu ◽  
Vlad Danila ◽  
Corina Ciupilan ◽  
Oana Elena Ciurcanu
Keyword(s):  
Maxillofacial Surgery ◽  
Essential Element ◽  
Pain Syndrome ◽  
Oral And Maxillofacial Surgery ◽  
Structuring Element ◽  
Technical Accuracy ◽  
Locoregional Anesthesia ◽  
Special Approach ◽  
The Individual ◽  
High Degree

Anesthesia and the degree of control over the perception of pain depends on the personality of the individual, the socio-economic conditions, potential previous painful experiences and, last but not least, on fatigue and fear of the dentist. The perception of pain in patients is closely connected to their mental state. Pain is defined as a sensation of discomfort, with wide variations, both in quality and intensity, for different people in seemingly identical conditions; an unpleasant sensitive and emotional phenomena connected to the threat of a wound or caused in the tissues or described in the terms of this disease. The essential element of any type of anesthesia is analgesia, an effect which in some cases cannot be achived, due to the patient�s particularities or the physician�s lack of experience in anesthesia. Locoregional anesthesia (LRA) represents the blocking of the nociceptive sensitive and sympathetic autonomic afferents as well as that of motor efferents at the level of peripheral nerves� axons, by means of local anesthetic. To achieve the set purpose, we carried out a study on a representative human sample comprised of 10.123 patients treated in the Oral and Maxillofacial Surgery Clinic (Ambulatory) from the County Clinic Emergency Hospital St. Spiridon Iasi, between 01.01.2015-31.12.2016. The reason for the exclusion of certain categories of patients in the reseach was: the patients with a special conditions background require individual pre-anesthesia schemes, personalised for the nature of the pre-existing general condition, which must be further approved by the attending specialist physician : cardiologist, internist, diabetologist; children under 18 years old, with a high degree of anxiety; a high precentage of elderly patients, over 60 years old, possess a combination of general issues, thus requiring a special approach. The thoroughness lying at the core of the anesthetic practice, most especially the safegurading of a technical accuracy in the performance of anesthesia [12,], instead of improvisations, the lack of anatomical and stomatological training in general and the resulting inefficiency as such, is the underlying in-depth structuring element of this paper.

Dismissal with Monetary Consideration under Art. 232, para. 2 of the Labour Code

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  
Keyword(s):  
Employment Relationship ◽  
The Other ◽  
Employment Contract ◽  
Other Hand ◽  
Unilateral Termination ◽  
The Law ◽  
The One ◽  
Rules Set ◽  
Final Calculation

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.

scholarly journals PROPERTY-SYNDICATION INVESTMENT V PROPERTY SCAM: WHO DECIDES? A CRITICAL EXAMINATION OF THE REGULATION OF PUBLIC-PROPERTY SYNDICATION SCHEMES IN SOUTH AFRICA

Obiter ◽  
2021 ◽  
Vol 34 (2) ◽  
Author(s):  
Tanya Woker
Keyword(s):  
Financial Services ◽  
Essential Element ◽  
Critical Examination ◽  
Investment Portfolio ◽  
Public Property ◽  
Reserve Bank ◽  
Investment Opportunities ◽  
Full Picture ◽  
Vulnerable Consumers ◽  
The Individual

Building an investment portfolio is an important part of saving for retirement. This not only benefits the individual concerned but it also has benefits for the economy as a whole. Investment in property is regarded as an essential element of an investment portfolio and many investors have over the years invested in public-property syndications. Unfortunately such investments have proved to be very risky and there have been some spectacular failures with severe consequences especially for elderly, vulnerable consumers. There is a need to ensure that all investment opportunities are properly regulated and different aspects of property syndications are regulated by different regulators including the Reserve Bank, the Department of Trade and Industry, the newly established Consumer Commission and the Financial Services Board. There seems to be some confusion amongst regulators over which entity is ultimately responsible for ensuring that such investments are sound and reliable and that consumers can have faith that they are not investing in a scam. The fact that no one regulator is responsible for overseeing the full picture is problematic because it enables the unscrupulous to slip under the radar and avoid detection. This paperseeks to consider the question of which regulator is or should be responsible for regulating public-property syndications and to make some suggestions for reform going forward.

Employment contract with non-fixing working hour: peculiarities of working time

2021 ◽  
pp. 35-40
Author(s):  
Yaroslava Svichkarova
Keyword(s):  
Working Hours ◽  
Legal Regulation ◽  
Working Time ◽  
Time Interval ◽  
Main Body ◽  
The European Union ◽  
Minimum Duration ◽  
Employment Contract ◽  
Mode Of Operation ◽  
Working Hour

Problem setting. On-call work is today a poorly-investigated by science of labor law form of non-standard employment. Since 2019, there are several draft laws developed in Ukraine that deal with on-call work. These drafts describe it such as employment contract with non-fixing working hour. The latest draft No. 5161 of 25.02.2021 "On Amendments to Certain Legislative Acts of Ukraine on the regulation of some non-standard forms of employment" has been submitted to Parliament. This bill was developed according to the Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union. However, we believe some provisions of this bill on the establishment of working time need further adaptation. Analysis of resent researches and publications. The issue of legal regulation of non-standard employment has been analysed by V.Venedidikov, N. Vyshnevska, I. Gorgoriev, I. Kiselev, A. Lushnikov, D. Morozov, O. Mozna, N. Nikitina, O. Process, O. Rimkevich, V. Soyfer, M. Sorokishin, O. Yaroshenko. On-call work was the subject of doctor’s and candidate’s thesis of V. Gnidenko, O. Korkin, O.Pilipko, M. Shabanova. At the same time a number of legal problems were arised after the project No. 5161 had been adopted. For instance, peculiarities of the establishment of working time, the legal regulation of new legal categories in an employment contract with non-fixed working time need further adaptation. Аrticle’s main body. In the employment contract with non-fixing working hour the maximum working hours of the employee is determined, fixed in the contract, however the minimum working time is not defined due to the fact that the employer does not have a duty to provide employee work. The minimum duration of working time defined in the draft law depends only on the amount of the wage or compensation for staying in a state of waiting. In order to strengthen the coherence of terminology and better reconcile the typology and character of this non-standard employment form with the provisions of Directive (EU) 2019/1152, the draft law should enter and (or) determine the terms, such as a schedule of work, basic hours and days, mode of operation. Conclusions and prospects for the development. In the contract with non-fixed working hours, the installation and distribution of working time has specific features: maximum duration of the employee's working time is determined, fixed in the contract, and the minimum working time is not determined at all, since the employer does not have a duty in the employer to provide employee work. The minimum duration of working time defined in the draft law depends only on the amount of the wage or compensation for staying in a state of waiting. In such an employment contract basic days and hours should be establishes, that is, a time interval when an employee must perform its labor duties in case of a demand. The employee's calling on work, in turn, must be carried out by the employer in compliance with the conditions established in the contract itself (for example, the method and minimum term of the employee's notice of the start of work). The mode of operation is predictive to the employee, the one can predict "theoretically" that he can be called on in certain days and hours. The schedule of work with each call on work is really unpredictable. This schedule should be agreed between the employee and the employer before the work is started, although we believe such agree does not matter because the schedule is made within the basic days and hours that are already known to the employee.

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.

Helping Close the Digital Divide for Financially Disadvantaged Seniors

2006 ◽  
pp. 165-190
Author(s):  
Al P. Mizell
Keyword(s):  
Digital Divide ◽  
Computer System ◽  
Low Income ◽  
Public Library ◽  
Essential Element ◽  
The Internet ◽  
The World ◽  
Nova Southeastern University ◽  
Individual Participant ◽  
The Individual

The Internet has become an essential element of all society today. Those who can access the World Wide Web have become active participants in the Information Age. Unfortunately, many individuals throughout the world do not have ready access to the needed technology. Furthermore, they do not have the required knowledge and skills to use the technology and cannot participate actively. As a result, this has created a world of information haves and have-nots. In this chapter, after examining the concept of the digital divide, data is presented that shows that those with low incomes and those who are older have little access to technology and the use of computers. Low-income seniors are especially limited in their opportunities to own a computer, and they seldom have the skills needed to use one for e-mail, search the Internet, and so forth, even if they visit a public library where they could use a computer without any cost. Various approaches being used to help seniors learn how to use computers are described, andthen the chapter focuses on two projects that have proved to be successful in this effort. SeniorNet is a national organization that helps establish learning centers around the country. The approach used at one such center, located at Nova Southeastern University in South Florida, requires seniors to pay for their courses. A second project is known as SeniorComp and is supported by private foundation funds. Ten low-income senior citizens are selected for each group of seniors in this project. They are given a complete Dell computer system, and their tuition is paid to take four of the SeniorNet courses. At the end of the fourth course, ownership of the computer system is turned over to the individual participant. To date, the completion rate has been 100%. The approaches used can serve as models for others to modify and use in their own communities. By adopting a similar approach, the impact of the digital divide can be significantly reduced for those low-income seniors that participate in the project. In this way, this portion of the marginal community can be empowered.

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