Grounds for terminating an employment contract with a teleworker

2021 ◽  
pp. 50-55
Author(s):  
Yu.A. Kuchina
Keyword(s):  
Employment Contracts ◽  
Employment Contract ◽  
Remote Employees ◽  
Judicial Practice

The article explores the problems associated with the possibility of establishing contractual grounds for termination of employment contracts with remote employees, identified by judicial practice, and also suggests requirements that must be met in terms of content and procedure for the grounds for termination of employment contracts.

Termination of the employment contract on the initiative of the employee: questions of theory and practice

2021 ◽  
pp. 164-170
Author(s):  
I.A. Shuvalova
Keyword(s):  
Theory And Practice ◽  
Labor Disputes ◽  
Employment Contract ◽  
Judicial Practice ◽  
Theoretical Issues ◽  
Current Reality

Termination of an employment contract on the initiative of an employee entails a lot of controversial practical and theoretical issues. The article presents the procedure of voluntary dismissal, taking into account the current reality. Examples of judicial practice that demonstrate ambiguity in the resolution of labor disputes in certain situations are given.

scholarly journals Extension of a fixed-term employment contract: some theoretical and practical issues

2019 ◽  
pp. 65-72
Author(s):  
Sergey Kichigin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Necessary Conditions ◽  
Practical Work ◽  
Applied Problem ◽  
Employment Contract ◽  
Labor Contract ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Term Labor

The problem of introducing changes to a fixed-term employment contract in terms of amending (extending) its term is an urgent applied problem in the work of personnel services, which often arises in the course of their practical work. Argued, based on established judicial practice, the solution to this problem will create clarity in the application of the norms of the Labor Code of the Russian Federation. The norms of the Labor Code of the Russian Federation do not contain a ban on the application of the provisions of art. 72 of the Labor Code of the Russian Federation. However, to date there is no single, reasoned opinion on whether it is possible to change the term of a fixed-term employment contract, and if possible, under what conditions? On this issue, there are polar opinions. Both the courts and state authorities have repeatedly changed their position on this issue, right up to the diametrically opposite. In this paper, the author attempts to answer this question on the basis of the existing judicial practice and the courts understand the relevant provisions of the Labor Code of the Russian Federation, the opinions of the federal authorities of the Russian Federation, as well as their own attempts to interpret the provisions of the law, and concludes that the term of a fixed-term labor contract in the presence of compliance with the necessary conditions dictated by the norms of the Labor Code of the Russian Federation, established law enforcement practice.

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.

To the question of invaliding an employment contract in the consideration of cases on bankruptcy

2021 ◽  
pp. 130-138
Author(s):  
N.N. Sokolenko ◽  
M.V. Stolyarchuk
Keyword(s):  
Employment Contract ◽  
Judicial Practice

The article discusses the issue of the possibility of invalidating an employment contract when resolving disputes related to bankruptcy. Taking into account the theory, labor and civil legislation, as well as the established judicial practice, the authors came to the conclusion that there is no formal possibility and the insolvency of the practice of invalidating an employment contract in bankruptcy cases.

The Employment Contract as Materialization of Social Order. Contracts at Albert Ranft’s Stockholm theatres, 1895-1926

2017 ◽  
Vol 29 (1) ◽  
pp. 81
Author(s):  
Lovisa Näslund
Keyword(s):  
Social Contract ◽  
Social Order ◽  
Employment Contracts ◽  
Dominant Position ◽  
Employment Contract ◽  
The Social ◽  
Theatre Studies ◽  
The One ◽  
The Relationship ◽  
Formal Contract

In the archive, the materialized traces of theatrical organization and performances remain. In this paper, we focus on the employment contract, as a type of source material commonly found but rarely studied in theatre studies. Empirically, the paper is based on a study of contracts from Albert Ranft’s Stockholm theatres, 1895-1926. Ranft built his commercially funded theatrical empire in Stockholm in a period when the competition from subsidized theatre was minimal, and for a time dominated the Stockholm theatres. The study demonstrates how the study of employment contracts allows us to form an understanding of power relations between managers on the one hand, and artists and directors on the other, and also the formal and social aspects of the employment contracts. In the case of Albert Ranft, the contracts bear evidence of his dominant position in Stockholm theatre, which in turn a orded him an unusually powerful position in relation to his employees. The relationship between the formal and social contract is explored, and it is suggested that the formal contract could be seen as a photographic negative of the social contract: if there is an extensive social contract, the formal contract will be more elaborate, and vice versa. The extensive formal contracts of the studied period might therefore be seen as evidence of a relatively thin social contract, implying that industry norms were, at the time, not institutionalized enough to be taken for granted.

scholarly journals Terminuotų darbo sutarčių teisinio reguliavimo ypatumai pagal Lietuvos teisę

Teisė ◽  
2008 ◽  
Vol 69 ◽  
pp. 132-137
Author(s):  
Beata Bubilaitytė
Keyword(s):  
Supreme Court ◽  
Legal Regulation ◽  
Labour Law ◽  
Legal Doctrine ◽  
Employment Contracts ◽  
Employment Contract ◽  
Employment Agreement ◽  
The Will ◽  
The Law

The purpose of this paper is to explore and to ana­lyse peculiarities of Lithuanian legal regulation of fixed-term employment agreement. Peculiarities are divided into four groups: peculiarities of concept of fixed-term employment agreement, peculiarities of conclusion, performance and expiry of fixed-term employment agreement. Specific essential conditions for conclusion of a fixed-term employment contract are: the term of an employment contract (if the parties to the contract have used both methods to define the term, one of them must be chosen as a prevailing one) and the circumstance that legal acts must allow to conclude it at all. The performance of a fixed-term employment contract according to Lithuanian labour law is not that specific compared to the performance of other employment contracts. Peculiarities of the expiry of fixed-term employment contract are: firstly, only the will to terminate fixed-term employment contract does end the employment contract at all. Otherwise, the expiry of the term of an employment contract will end only the fixed-term employment contract but not the employment contract itself. Secondly, the law does not make it clear, whether restrictions on the termination of an employment contract must be applicable to fixed-term employment agreements. Lithuanian legal doctrine does believe that they should, but Lithuanian Supreme Court says that they should not.

scholarly journals The Termination of an Employment Contract Initiated by the Employer’s Will

Teisė ◽  
2021 ◽  
Vol 118 ◽  
pp. 32-46
Author(s):  
Tomas Bagdanskis
Keyword(s):  
Work Function ◽  
New Labour ◽  
Employment Contract ◽  
Severance Pay ◽  
Article 59 ◽  
Judicial Practice ◽  
Employment Agreement ◽  
The Republic ◽  
Continue Employment

This article systematically analyses new Labour code rules (regulation from July 2017) and the judicial practice of Lithuania relating to the termination of an employment contract initiated by the employer by employer’s will (Labour Code of the Republic of Lithuania, Article 59). It is important to separate this new background of termination from an ordinary one – the termination of an employment contract by the absence of an employee’s fault (Article 57 of Labour code) – and reveal the theoretical and practical aspects and the conclusions in disclosing the true norm meaning. Employers will be able to terminate an employment agreement without the employees’ fault due to the following reasons (Article 57 of Labour code): employee’s work function is no longer required; employee fails to reach the agreed results of work; employee does not agree to change the terms of their employment agreement, place of work, or working regime; employee does not agree to continue employment after business transfer or a part thereof; employer ceases its activities. New rules, indicated in Article 59 of the Labour code (Termination based on employer’s will), says that if an employer intends to terminate an employment agreement due to other reasons, not listed in Article 57 of Labour code, the employee may be served with a 3 business days’ prior written notice and paid a severance pay of at least 6 average monthly salaries.

scholarly journals COVID 19 – Terminanition of Employment Contracts Due to Business Reasons

2021 ◽  
Vol 11 (11) ◽  
Author(s):  
Nana Weber
Keyword(s):  
Economic Crisis ◽  
Case Law ◽  
The State ◽  
Employment Contracts ◽  
Employment Contract ◽  
The Moment

The article deals with Slovenian regulation of the termination of employment contracts due to business reasons. According to settled case law, any termination of an employment contract is ultima ratio of the employer. In addition to pre-redundancy alternatives in ZDR-1 and a review of measures from the PKP packages, the options offered to employers by the state to prevent redundancies, at least at the moment do not provide a sufficient basis for the legality of redundancies solely because of an economic crisis due to the pandemic.

scholarly journals THE LEGALITY OF THE AUTOMATIC TERMINATION OF CONTRACTS OF EMPLOYMENT

Obiter ◽  
2021 ◽  
Vol 32 (3) ◽  
Author(s):  
Tamara Cohen
Keyword(s):  
Public Sector ◽  
Retirement Age ◽  
Employment Contracts ◽  
Employment Contract ◽  
Labour Relations ◽  
The Public ◽  
Term Contract ◽  
Unfair Dismissal ◽  
Contract Of Employment ◽  
The Impact

The Labour Relations Act (66 of 1995) (LRA) protects employees against unfair dismissal. In terms of section 186(1)(a) dismissal means that “an employer terminated a contract of employment with or without notice”. In order to fall within the ambit of this provision and benefit from the protections afforded by the LRA, an employee must prove that an overt act on the part of the employer has resulted in the termination of the employment contract (Ouwehand v Hout Bay Fishing Industries 2004 25 ILJ 731 (LC)). The onus then shifts to the employer to prove that the dismissal is both substantively and procedurally fair, failing which the employee will be entitled to theremedies afforded by section 193 of the LRA. However, not every termination of an employment contract constitutes a dismissal and a number of scenarios exist where an employment contract terminates lawfully by operation of law. The termination of a fixed-term contract by effluxion of time, termination of the contract due to supervening impossibility of performance and the attainment of a contractually agreed or implied retirement age all give rise to the lawful termination of an employment contract. Similarly the statutory “deemed-dismissal” provisions of application to employees in the public sector provide for the automatic termination of employment contracts in circumstances that the employee is absent without authorisation for a designated period of time. The effect of such automatic termination is that the employment contract terminates by operation of law and not by means of an act of the employer, resulting in the dismissal provisions of the LRA being legitimately circumvented. Labour-broking contracts typically include automatic termination clauses that provide for the automatic termination of employment contracts, between labour-brokers and their employees, when the broker’s client no longer requires the services of such employees. Similarly employers have sought to rely upon grounds of supervening impossibility of performance in order to argue that an employment contract has automatically terminated in the instance of absconding and imprisoned employees. This article will be examining the legality of the automatic termination of employment contracts in these contexts and the impact on employees’ rights to protection against unfair dismissal.

scholarly journals China’s Employment Contract Law: Does it deliver employment security?

2019 ◽  
Vol 30 (1) ◽  
pp. 99-119 ◽  
Author(s):  
Fuxi Wang ◽  
Bernard Gan ◽  
Yanyuan Cheng ◽  
Lin Peng ◽  
Jiaojiao Feng ◽  
...  
Keyword(s):  
Migrant Workers ◽  
Trade Unions ◽  
Contract Law ◽  
Policy Debate ◽  
Employment Contracts ◽  
Employment Contract ◽  
Engagement Strategies ◽  
Professional Titles ◽  
Hiring And Firing ◽  
Privately Owned

During its transition to a market economy, structural inequalities became increasingly apparent across China’s workforce, threatening social harmony. China’s 2008 Employment Contract Law, legislated amid policy debate, was intended to remedy these phenomena. We examine a crucial element of its remit: has its promotion of continuing contracts as against fixed-term employment contracts been effective? This is crucial for improving workers’ rights through secure employment. How have employers responded to this challenge to their prerogatives in terms of hiring and firing? We analysed data from 2007 and 2012 drawn from All-China Federation of Trade Unions surveys, which cover approximately 80,000 individuals. Using institutional theory, we discuss a variety of employer responses. We find that the Employment Contract Law has increased the likelihood of signing continuing contracts among migrant workers, employees in privately owned enterprises, and those with lower professional titles and who are short-term employees – all disadvantaged labour market categories previously. It has also significantly narrowed gaps regarding access to continuing contracts between these categories and matched advantaged ones. There is also evidence that some employers seek to avoid or sidestep compliance through cost-minimising worker engagement strategies. JEL Codes: J41, J53, K31

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