scholarly journals Ugovorni odnosi u vezi s privremenim agencijskim radom

2020 ◽  
Vol 40 (3) ◽  
pp. 1101-1127
Author(s):  
Darja Senčur Peček ◽  
Sandra Laleta ◽  
Karla Kotulovski
Keyword(s):  
Good Practice ◽  
Employment Relationship ◽  
Labour Law ◽  
Legal Subject ◽  
Contractual Relationship ◽  
Temporary Agency Work ◽  
Contractual Relationships ◽  
Workplace Rights ◽  
Labour Legislation ◽  
The Relationship

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.

The Contractualisation of Labour Law

2018 ◽  
pp. 33-47
Author(s):  
John Gardner
Keyword(s):  
Common Law ◽  
Employment Relationship ◽  
Labour Law ◽  
Work Relations ◽  
Contractual Relationship ◽  
The World ◽  
British Labour ◽  
The Common ◽  
The Law ◽  
Main Ideas

This chapter explores the idea that labour law rests on ‘a contractual foundation’, and the idea that work relations today are ever more ‘contractualised’. Section 1 lays out some essentials of British labour law and its connections with the common law of contract. Section 2 explains what contractualisation is, not yet focusing attention on the specific context of labour law. The main claims are that contract is not a specifically legal device, and that contractualisation is therefore not a specifically legal process, even when the law is complicit in it. Section 3 shifts attention to the world of work, especially the employment relationship. Here the main ideas are that the employment relationship is not (apart from the law) a contractual relationship, and that all the norms of the employment relationship cannot therefore be captured adequately in a contract, legally binding or otherwise. Section 4 illustrates the latter point by focusing on the rationale and the limits of the employer’s authority over the employee. A contractual rationale yields the wrong limits. It gives its blessing to authoritarian work regimes and lends credence to the miserable view that work is there to pay for the life of the worker without forming part of that life. Throughout the chapter there are intimations of the conclusion drawn in section 5: that contractualisation, in the labour market at least, is a process that lovers of freedom, as well as lovers of self-realisation, should resist—or rather, should have resisted while they still had the chance.

Regulating worker-customer relations to improve workers’ wellbeing

2019 ◽  
Vol 10 (2) ◽  
pp. 154-162
Author(s):  
Chris Wuytens ◽  
Sarah De Groof
Keyword(s):  
Customer Relations ◽  
Need Satisfaction ◽  
Continuous Measure ◽  
Labour Law ◽  
Gig Economy ◽  
Recent Developments ◽  
Labour Legislation ◽  
Traditional Setting ◽  
The Impact ◽  
The Relationship

Recent developments in the gig economy triggered labour law. Platforms change the relationship between customers and workers causing over-subordination of workers. The over-subordination is caused by customers and the surveys they complete to evaluate the worker. The influence of customers over workers can also be seen in a more traditional setting. However, customers are not always king. It is suggested in this article that surveys can be used as an instrument to build decent labour relationships. Installing the measurement of needs measures the impact of customers on workers. By installing a continuous measure of the needs, we have at our disposal an instrument to fulfil labour law’s wellbeing function. Labour legislation could oblige employers to integrate need satisfaction into their customer surveys and their workers surveys. By doing so, technology allows us to make sure that platform work or any kind of work where workers meet high customer demands, become ‘Innovative forms of work that ensure quality working conditions’, as requested by the European Social Pillar.

What is Labour Law? Implications of the Capability Approach

2019 ◽  
pp. 122-140
Author(s):  
Brian Langille
Keyword(s):  
Capability Approach ◽  
Capabilities Approach ◽  
Decent Work ◽  
Labour Law ◽  
Legal Subject ◽  
Starting Point ◽  
Scope Of Application ◽  
The Relationship ◽  
The Capability Approach

Creating real capabilities to engage in decent work is a vital social project. Labour law is best conceived of as that part of our law which seeks to remove obstacles to, and to nurture, such capabilities. Labour law’s undertaking is thus part of the larger project of human development—of advancing the cause of substantive human freedom conceived of as the real capacity to lead a life we have reason to value. On this view, the world of labour law is large (it is concerned with all who work) and its mission one which is both important and coheres with our basic values in all aspects of our lives. But labour law has, at present, another account of itself, long successful, but which is narrower and less ambitious. The legal starting point for that view is contract, and labour law’s mission is to control contract power. This is an important but narrower normative vision, which both restricts our understanding of what labour law is and limits its scope of application. Attempts to advance labour law’s self-understanding by appealing to the capability approach have been made, but met with resistance. In this chapter, this encounter is reviewed and assessed by examining the role of the capabilities approach (CA) in constituting labour law as a legal subject. In so doing, this chapter draws attention to another issue—the relationship between the normative narrative underpinning a discipline such as labour law (whatever it may be) and its expression in law.

The architecture of modern anti-unionism in Canada: Class struggle and the erosion of workers’ collective freedoms

2018 ◽  
Vol 43 (3) ◽  
pp. 459-481
Author(s):  
Charles Smith ◽  
Andrew Stevens
Keyword(s):  
Collective Bargaining ◽  
Labour Law ◽  
Labour Movement ◽  
Labour Relations ◽  
The Past ◽  
Role Of The State ◽  
Private And Public ◽  
Labour Legislation ◽  
The Relationship

Over the past four decades, governments have backed away from the promotion of collective bargaining in Canada resulting in a tendency towards anti-unionism. Examining this new reality, this article investigates two interrelated trends in Canadian anti-unionism over the last two decades in an effort to conceptualize the role of the state in regulating labour relations. First, we investigate legislative attempts to undermine or eliminate the ability of workers to collectively bargain and strike. Second, the article unpacks the political economy of anti-unionism in the private sector by focusing on the role of lobby groups that have shaped labour legislation. These two interrelated threads allow us to expose the relationship between employers and governments, which has threatened the strength of organized labour in the private and public sector and shaped a uniquely Canadian anti-unionism. Finally, we conclude by examining both the strengths and limitations of the unique fight-back strategies used by the labour movement, which has sought to elevate aspects of Canadian labour law to be protected by the Charter of Rights and Freedoms. This, we argue, offers restrictive possibilities for advancing collective bargaining rights in the existing labour relations framework.

Status and Contract in the Employment Relationship

1989 ◽  
Vol 23 (1) ◽  
pp. 77-110 ◽  
Author(s):  
Frances Raday
Keyword(s):  
Employment Relationship ◽  
Social Significance ◽  
Labour Law ◽  
Employment Contract ◽  
Contractual Relationship ◽  
Theoretical Approaches ◽  
Legal Thinking

There is evidence, in some recent legal thinking on the employment contract, of a readiness to abandon classical contract principles. This phenomenon is especially apparent in the formulation of the Employment Contract Bill, 1985. In this article, I shall examine this development in the framework of an analysis of the employment relationship and the extent to which it is to be regarded as a contractual relationship, both under differing theoretical approaches and under existing labour law principles.The contemporary employment relationship emerges from a contractual undertaking between individuals to exchange wages for services, but its social significance is not limited to the issues raised by the terms of the contract.

scholarly journals Die beroepsbrief in die Gereformeerde Kerke in Suid-Afrika – ’n kontraktuele werksaanbod?

2007 ◽  
Vol 41 (4) ◽  
Author(s):  
J. Smit
Keyword(s):  
South Africa ◽  
Local Church ◽  
Dutch Reformed ◽  
Labour Law ◽  
Anglican Church ◽  
Reformed Church ◽  
Contractual Relationship ◽  
Contract Of Employment ◽  
The Relationship ◽  
The Church

The letter of calling in the Reformed Churches in South Africa – a contractual labour proposal? In the Schreuder case the court found that the letter of calling should be considered a legally valid letter of service. Therefore the relationship between a congregation and a minister in the Dutch Reformed Church is regulated by a contract of employ- ment. Consequently Labour Law applies to the position of this church’s ministers. In the court’s verdict on the Church of the Province case, the court found that a priest/minister of the Anglican Church does not enter into a legal binding contract of employment with the church. According to the court the rela- tionship between the Anglican Church and a priest/minister cannot be described as a contractual relationship, but rather a spiritual or religious agreement that is regulated by the canons of the church. Therefore the question should be asked: Is the letter of calling to a minister in the RCSA a contractual labour proposal by a local church? In this article it is argued that a letter of calling in the RCSA should not be considered a letter of service. In the light of Scripture, the confession and the church order the aim of the letter of calling is merely to inform a minister of a religious calling by the Lord. It is therefore suggested that the draft form of the letter of calling currently in use, should be adapted to avoid misunderstandings regarding the position and service of a minister in the RCSA.

Part 2 Specific Issues of Arbitration in Brazil, 20 Labour Law Arbitration

2020 ◽  
Author(s):  
Timm Luciano Benetti ◽  
Verçosa Fabiane
Keyword(s):  
The Other ◽  
Labour Law ◽  
Labour Relations ◽  
Other Hand ◽  
The Social ◽  
Labour Standards ◽  
Labour Legislation ◽  
The One ◽  
Labour Disputes ◽  
The Relationship

This chapter highlights labour law arbitration in Brazil. Traditionally, labour law in Brazil recognises two main groups of rights: individual and collective rights. Individual labour relations are concerned with the relationship between individual workers and their employers. Collective labour relations refer to the social relationships generated through processes of consultation and negotiation—over working conditions, labour standards, and other employment issues—between, on the one hand, the workers' collective or their representatives and, on the other hand, the employers or employers’ organization. Even before the Labour Legislation Reform of 2017, Brazilian legal order already provided in its Constitution and in other legal statutes the possibility of arbitration for collective labour rights. On the other hand, before the promulgation of the Labour Legislation Reform, there was no provision under Brazilian Law that would open the possibility of arbitration in the event of individual labour disputes.

scholarly journals Associated work in a cooperative is neither dependent work nor selfemployed work

2021 ◽  
pp. 315
Author(s):  
Gemma Fajardo García
Keyword(s):  
Limited Liability ◽  
Legal Framework ◽  
100Th Anniversary ◽  
Sufficient Reason ◽  
Labour Law ◽  
Contractual Relationship ◽  
Individual Work ◽  
Worker Cooperatives ◽  
Relationship Of ◽  
The Relationship

The celebration of the 100th anniversary of the ILO’s Cooperatives Unit sparked interest in reviewing the progress made by this institution in relation to the recognition and promotion of worker cooperatives. To this end, the Promotion of Cooperatives Recommendation (2002) and the Guidelines concerning statistics of Cooperatives (2018) were taken as the focus of study. From the analysis of both documents, the conclusion was drawn that although the former calls for the recognition of cooperatives in the terms established by the ICA, and for their promotion by States, establishing a legal framework favourable to them and compatible with their nature as self-managed enterprises, the fact is that associated work is still not recognised as a mode of work distinct from dependent work (wage-based) and self-employed(individual) work. This lack of recognition does not correspond to the recommendations of the ICA (2005) claiming that “the relationship of the worker-member with their cooperative should be considered as distinct from that of conventional wage-based dependent work and self-employed work”. The lack of recognition is often attributed to the modest size of these cooperatives and their possible use to circumvent the application of labour law. However, as we have shown, the former cannot be proven, and the latter is not sufficient reason to ignore or prohibit them, since there are other means to combat fake cooperatives. The lack of a contractual relationship between the worker-member and the cooperative is not a weakness but a strength and is the result of having a specific legal type for the cooperative, as opposed to other countries such as France or Italy which, because they lack such a type, are incorporated as Public Limited Companies or Limited Liability Companies, and subsequently hire their members so that they can work in their company.

scholarly journals Personal scope of labour legislation - (un)reliability of the criteria for qualification of subjects of labour law protection

2015 ◽  
pp. 505-519 ◽  
Author(s):  
Ljubinka Kovacevic
Keyword(s):  
The Self ◽  
Employment Relationship ◽  
Labour Law ◽  
Reliable Criterion ◽  
Traditional Concept ◽  
Legal Fiction ◽  
Labour Legislation ◽  
New Forms Of Work ◽  
Independent Work ◽  
Special Protection

Establishing the personal scope of labour legislation is a delicate task, primarily because of the need to make labour law protection available to all people, who actually perform dependent work. Labour law protection is therefore traditionally limited to people working under the power of another, although, depending on the nature of their work, the degree of their subordination to the employer?s (managerial, normative and disciplinary) prerogatives may vary. This is the main reason why legal subordination was developed as a reliable criterion for the qualification of employees. However, certain legal systems have recently started defining this term based on other characteristics of subordinated work, which leads to dilution of the traditional concept of subordination. Besides, the dilution of this concept is also caused by the introduction of legal fiction regarding employee status in favour of certain categories of workers. Although these changes have been implemented in court practices of certain countries, there is no reason to conclude that the subordination concept has been diluted beyond recognition. In this regards, one should be aware of the need to protect the persons who are engaged in a disguised employment relationship, which is why the principle of primacy of fact should be applied here. On the other hand, the emergence of new forms of work significantly dulls the edge that delineates the dependent from independent work, especially if we take into account the self-employed persons whose means of subsistence come predominantly from one employer, making them economically dependent and thereby creating the need for their special protection.

Contractual Relationships among Artists, Record Labels, and Artist Management Companies in Japan

2020 ◽  
Author(s):  
Kazuhiro Ando
Keyword(s):  
Music Industry ◽  
Music Business ◽  
Know How ◽  
Contractual Relationships ◽  
The World ◽  
Employee Relationship ◽  
International Audience ◽  
Music Market ◽  
Japanese Music ◽  
The Relationship

Although Japan is the second largest music market in the world, the structure and practices of the music industry are little understood internationally. People overseas need to know how the music business works in Japan so that they can conduct business comfortably. The Japanese music industry has unique features in some respects. First, Japanese record labels remain heavily dependent on traditional physically packaged music although its profitability is much lower than that of digital distribution. Second, full-scale competition in the music copyright management business has just begun. While JASRAC monopolized this market for more than sixty years, the new entrant, NexTone has gradually increased the market share thanks to the frustration experienced by many music publishers and songwriters in their dealings with JASRAC. Third, the relationship between artists and artist management companies is more like an employer-employee relationship than a client-agent relationship. Artist management companies are fully invested in discovering, nurturing, and marketing young artists just the way big businesses handle their recruits. This chapter illuminates practices of the Japanese music industry for an international audience.

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