2021/16 Employer’s right of selection upon unilateral termination of the employment relationship (BG)

2021 ◽  
Vol 6 (2) ◽  
pp. 96-98
Author(s):  
Kalina Tchakarova
De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  

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.


2020 ◽  
Vol 19 (2) ◽  
pp. 63-74
Author(s):  
Klaus Moser ◽  
Hans-Georg Wolff ◽  
Roman Soucek

Abstract. Escalation of commitment occurs when a course of action is continued despite repeated drawbacks (e.g., maintaining an employment relationship despite severe performance problems). We analyze process accountability (PA) as a de-escalation technique that helps to discontinue a failing course of action and show how time moderates both the behavioral and cognitive processes involved: (1) Because sound decisions should be based on (hopefully unbiased) information search, which requires time to gather, the effect of PA on de-escalation increases over time. (2) Because continuing information search creates behavioral commitment, the debiasing effect of PA on information search diminishes over time. (3) Consistent with the tunnel vision notion, the effects of less biased information search on de-escalation decrease over time.


Author(s):  
Christel Marais ◽  
Christo Van Wyk

South Africa is heralded as a global ambassador for the rights of domestic workers. Empowerment, however, remains an elusive concept within the sector. Fear-based disempowerment still characterises the employment relationship, resulting in an absence of an employee voice. The dire need to survive renders this sector silent. This article explores the role that legislative awareness can play in the everyday lives of domestic workers. By means of a post-positive, forwardlooking positive psychological and phenomenological research design the researchers sought to access the voiced experiences of domestic workers within their employment context. Consequently, purposive, respondent-driven selfsampling knowledgeable participants were recruited. In-depth interviewing generated the data. The distinct voice of each participant was noted during an open inductive approach to data analysis. Findings indicated that empowerment was an unknown construct for all participants. They lacked the confidence to engage their employers on employment issues. Nevertheless, domestic workers should embrace ownership and endeavour to empower themselves. This would sanction their right to assert their expectations of employment standards with confidence and use the judicial system to bring about compliant actions. The article concludes with the notion that legislative awareness could result in empowered actions though informed employee voices.


2012 ◽  
Author(s):  
Chrispas Nyombi ◽  
Diana Nankabirwa

2021 ◽  
Vol 66 (1) ◽  
pp. 166-179
Author(s):  
Pietro Manzella

Abstract The aim of this paper is to investigate the relationship between law and language in workplace discourse. To this end, a number of pronouncements issued by Australia’s Fair Work Commission – which mostly deals with employment litigation – are examined to see to what extent language-related problems affect both the employment relationship and the decision handed down by lawmakers when evaluating the cases submitted.


1977 ◽  
Vol 4 (1) ◽  
pp. 125-127
Author(s):  
Editors International Labour Law Reports

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