Relationship between fixed and permanent labor contracts in Georgian and international law

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 60-75
Keyword(s):  
International Law ◽  
Labor Law ◽  
Labor Contracts ◽  
Framework Agreement ◽  
Labor Contract ◽  
Term Contract ◽  
Council Directive ◽  
Labor Legislation ◽  
International Labor ◽  
Term Labor

This article was written to describe the main regulations under Georgian labor law about fixed-term and permanent labor contracts. It was made to analyze the problems under Georgian Labor Code about regulating these two type of contracts. Under Georgian labor code the labor contract of fixed-term can be signed by the parties if the prerequisites strictly regulated by Georgian labor code is protected. It means that the parties can sign fixed-term labor contract only in few cases, which are written in Georgian labor Code. This article has for the main object to analyze these prerequisites strictly regulated by Georgian law, compare them to international labor documents and give recommendations to refi ne Georgian labor legislation. Under international law, under Social Charter, under COUNCIL DIRECTIVE 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP the fixed-term labor contract can be signed between two parties if there is an objective reason and this objective reason should be written in labor contract. Due to Georgian labor code there are five prerequisites to sign fixed-term labor contract. One of them is „another objective“ reason, which gives to employer the power to sign fixed-term labor contract with an employed with „another objective“ reason, the employer can use„ another objective reason“ without any obligation to prove why is he drafting the fixed-term contract with an employed person. According to this article the author tries to give recommendations to evaluate Georgian legislation and practice in labor law, gives the example of foreign country’s labor legislation and is trying to underline the need of good and fare interpretation of Georgian labor code about fixed-term labor contracts by Georgian court.

scholarly journals Contract for the Provision of Services and Labor Contract: A Comparative Analysis of Consequences for Parties Under Ukrainian Legislation

2021 ◽  
Vol 10 (1) ◽  
pp. 466
Author(s):  
Viktor Makovii ◽  
Svitlana Voloshyna ◽  
Yaroslav Kushnir ◽  
Iryna Mykhailova ◽  
Serhii Tsarenko
Keyword(s):  
Comparative Analysis ◽  
International Labor Organization ◽  
Human Right ◽  
Employment Contract ◽  
Labor Contract ◽  
Labor Legislation ◽  
International Labor ◽  
Legal Nature ◽  
Provision Of Services ◽  
Legal Consequences

The article analyzes the legal consequences of concluding a labor contract and a contract for the provision of services. The need for such an analysis is due to the fact that employers often prefer to conclude civil law contracts with employees instead of labor contracts, since the latter are less beneficial for them. At the same time, for an employee, the conclusion of a contract for the provision of services instead of an employment contract entails the deprivation of all guarantees provided for by labor legislation. The historical prerequisites for the existence of similarities between labor and civil contracts are examined in the article. In order to distinguish between these types of contracts, a comparative analysis of the legal nature and consequences of the conclusion of an employment contract and a contract for the provision of services is carried out. The article analyzes the guarantees that are provided for by labor legislation and are aimed at ensuring the human right to work. It is concluded that when concluding civil contracts, these guarantees are lost, which significantly worsens the position of the employee. In this regard, the article analyzes the recommendations of the International Labor Organization aimed at distinguishing between civil and labor legal relations. The conclusion is made that it is necessary to consider these recommendations in the national legislation of all Member States.

The ratio of private and public beginnings in Labor Law

2021 ◽  
pp. 168
Author(s):  
Lyubov A. Lomakina
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
The State ◽  
Public Interests ◽  
Labor Contract ◽  
Labor Legislation ◽  
Private And Public

The article highlights some issues of solving the priority tasks of labor legislation, coordination of the interests of the parties to labor relations, the interests of the state, which are determined by the principles of legal regulation of labor relations. Principles, as a legal category, form the basis for regulating any branch of law, including labor law, and determine the direction of development of the branch of law. One of these principles is the principle of combining private and public interests, which is reflected in Labor Law as the principle of combining state and contractual regulation of labor relations, it is aimed at balancing the various interests of the parties to the labor contract and the state.

Labor law: national and international dimension

2021 ◽  
Author(s):  
Nikita Lyutov ◽  
Vyacheslav Bobkov ◽  
Elena Volk ◽  
Ilona Voytkovskaya ◽  
Svetlana Golovina ◽  
...  
Keyword(s):  
International Law ◽  
Labor Law ◽  
Labor Standards ◽  
Legal Research ◽  
International Labor Standards ◽  
International Dimension ◽  
The Third ◽  
Legal Method ◽  
International Labor ◽  
Theoretical Issues

The first volume of the collective monograph "Labor Law: National and International Dimension", prepared by leading experts in Russian and international labor law, labor economics, philosophy of law, is devoted to the general problems of modern labor law. The first section of the volume deals with general theoretical issues of modern labor law, the second rethinks the principles of labor law in modern conditions, and the third analyzes modern employment problems. Most of the issues are investigated from the standpoint of the national labor law of Russia, international labor standards using the comparative legal method, as well as an intersectoral approach to legal research. For practitioners and researchers in the field of labor, international law, economics and sociology of labor, as well as students, postgraduates and anyone interested in this issue.

scholarly journals Past as Prologue? Theorizing Transnational Labor Law Between Jessup and Jenks

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 413-417
Author(s):  
Guy Fiti Sinclair
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Labor Law ◽  
International Labour Organization ◽  
Private International Law ◽  
Public And Private ◽  
Economic Relations ◽  
International Labor ◽  
International Economic Relations ◽  
Short Essay

When contemplating the transnational futures of international labor law, it is worthwhile pausing to reflect on the origins of that body of law and its relationship to the idea of transnationalism itself. Seeking to establish the universality of human problems, Philip Jessup famously defined transnational law as “all law which regulates actions or events that transcend national frontiers,” including both public and private international law as well as “other rules which do not fully fit into such standard categories.” This concept has proven extraordinarily durable, impacting legal theory in a variety of fields, not least transnational labor law. It is noteworthy, however, that Jessup's foundational text makes only a handful of references to the International Labour Organization (ILO) and instead focusses to a much greater extent on problems involving other aspects of international economic relations. This short essay connects and compares Jessup's concept of transnationalism to another conceptual framework in international law, devised at around the same time, which has a more direct lineage in the practice of the ILO and, perhaps, a place in its future development.

Architects, Landscapers, and Gardeners in the Transnational Futures of International Labor Law

2021 ◽  
pp. 590-614
Author(s):  
Adelle Blackett
Keyword(s):  
International Law ◽  
Labor Law ◽  
Public International Law ◽  
Transnational Law ◽  
Historical View ◽  
International Labor ◽  
Transnational Solidarity ◽  
Traditional Understanding

International labor law was a paradigmatic field for public international law. This chapter chronicles the ambivalent move to embrace a less hierarchical and traditional understanding of legal ordering in transnational labor law. Evoking research on normative thickening through metaphorical recourse to the architect, landscaper, and gardener, this chapter challenges the starting assumption of order, calls for a long historical view that unbundles labor law from a narrow industrialization-centered narrative, and turns attention to the ways in which the labor law landscape can be held in motion. Underscoring the ways that labor sharpens understandings of transnational law, this chapter reads transnational solidarity and emancipation into a methodological account of transnational law.

scholarly journals International Labor Law in Relation to International and Private Law

Law and World ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 98-108
Keyword(s):  
International Law ◽  
Labor Law ◽  
Public Law ◽  
Private Law ◽  
Private International Law ◽  
International Labor Organization ◽  
International Labor Standards ◽  
International Labor ◽  
Relationship Of ◽  
The Relationship

The purpose of this article is to clarify the essence of international labor law (transnational labor law). This article presents and analyzes the relationship of international labor law with public international law and national labor law. The article also focuses on the possibility of considering it as a complex field. The article emphasizes the importance of introducing international labor law as a subject in higher education. The article quotes and discusses the opinions of various scholars regarding whether international labor law is a field of public law or private law, a sub-field of international law or private international law, etc. Subjects and sources of international labor law regulation were defined to determine the attitude towards a specific field of law. This article states that national labor law should be in line with the goals of the International Labor Organization to reduce social inequality, to regulate and protect labor and associated labor relations in accordance with international labor standards and universally recognized human rights. It has been suggested that while international labor law is a branch of public law, it is closely related to private law, in particular, to the national labor law. Other conclusions have been made in this article based on the research methods.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

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