TEMPORARY EMPLOYMENT OF TEACHERS

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 479-486
Author(s):  
Katarzyna Jaworska
Keyword(s):  
Temporary Employment ◽  
Employment Relationship ◽  
Legal Form ◽  
Employment Contract

The employment of teachers is stable. The preferred legal form of performing work is an employment relationship for an indefinite period. Employment under a fixed-term employment contract is exceptionally permissible. The Teacher’s Charter identifies four such situations. This does not mean that temporary employment may last for many years. The legislator introduced special mechanisms limiting the duration of these contracts. Exceeding the limit indicated in the act results in the transformation by operation of law into an unlimited employment relationship. Also, unlawful entrustment of work for a specified period of time will result in the transformation of the employment relationship into an indefinite period.

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.

LEGAL BASIS FOR TEMPORARY EMPLOYMENT

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 275-285
Author(s):  
Ludwik Florek
Keyword(s):  
Temporary Employment ◽  
Employment Relationship ◽  
The Other ◽  
Legal Basis ◽  
Short Term ◽  
Employment Agency ◽  
Other Hand

Temporary employment is based on a modified employment relationship. Its essence is to recognize the entity using the employee’s work as the employer user. This allows him to be relieved of some of the duties of the employer who takes over the temporary employment agency. This makes it easier for employers to hire an employee in the short term. This also creates additional jobs. On the other hand, this entails the development of a legal basis for such employment. There may also be doubts as to who is in charge of certain obligations of the employer.

scholarly journals ON THE PROBLEM OF THE DEVELOPMENT OF SEASONAL AND TEMPORARY EMPLOYMENT IN UKRAINE

Social Law ◽  
2019 ◽  
Author(s):  
A. Radzividlo
Keyword(s):  
Market Economy ◽  
Temporary Employment ◽  
The State ◽  
Foreign Affairs ◽  
Labor Rights ◽  
Employment Contract ◽  
Goods And Services ◽  
The World ◽  
State Employment ◽  
Employment Center

The article is devoted to the study of the organizational and legal support of seasonal and temporary employment in Ukraine. It is proved that in modern conditions of a market economy in Ukraine the value of temporary employment is growing. It is proved that employers should be able to more flexibly approach the number of employees in enterprises, institutions, organizations, taking into account different economic processes in the state and the world. When there is a need to quickly increase their number or decrease. It is noted that in connection with this, an urgent labor contract is coming to the fore today, since it is precisely it that allows you to quickly respond to the variability of the market of goods and services. Along with this, a fixed-term employment contract must be applied in compliance with existing guarantees of labor rights of workers. After the expiration of the employment contract, they are entitled to re-registration at the employment center at the place of residence. Citizens who have arrived independently from another region in search of seasonal employment and have applied to the employment center for employment assistance are registered at their temporary residence and may not be unemployed at their temporary registration. An important area of ​​development of this area would be to provide the State Employment Service, in cooperation with the State Migration Service of Ukraine and the Ministry of Foreign Affairs of Ukraine, with the opportunity to obtain documents for the registration of foreign nationals who wish to arrive for temporary and seasonal work in disadvantaged regions of Ukraine. to acquaint foreign citizens with the range of jobs, regions and employers wishing to invite them to Ukraine for seasonal and temporary work. In today's market economy in Ukraine, the value of temporary employment is increasing. Thus, given the diverse economic processes in the country and in the world, employers should be able to more flexibly approach the number of employees at enterprises, institutions and organizations. When there is a need to quickly increase or decrease their number. With this in mind, a fixed-term employment contract is nowadays at the forefront, as it enables it to respond promptly to the volatility of the goods and services market. At the same time, a fixed-term employment contract must be applied in compliance with existing guarantees of employees' labor rights.

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.

scholarly journals GRANICE UPRAWNIEŃ KIEROWNICZYCH PRACODAWCY W STOSUNKU PRACY

2016 ◽  
Vol 13 (2) ◽  
pp. 101
Author(s):  
Tomasz Duraj
Keyword(s):  
Labor Law ◽  
Employment Relationship ◽  
Work Process ◽  
Type Method ◽  
Employment Contract ◽  
Applicable Law ◽  
The Core ◽  
Organizational Functions ◽  
The Subject ◽  
Legal Forms

THE LIMITS OF THE MANAGEMENT AUTHORITY IN THE EMPLOYMENT RELATIONSHIPSummaryManagement authority, which is guaranteed for the employer under the employment relationship with respect to employees, is an essential (necessary) feature of the employment relationship, which very often determines the identity of this relationship, distinguishing it from other legal forms of employment, especially those of a civil nature. The employing entity’s management authority must first of all be identified with the employer’s powers to influence the employee’s actions within the scope of the performance of work (in the work process) and the employee’s corresponding obligations to the employing entity regarding the work he is to perform. Using these powers, the employer specifies the employee’s obligations for the performance of the job, in particular its type, method, the time and place in which it is to be done, as well as the order and organization of the work process. According to the literature on the subject, the employer’s main powers of management include prescriptive rights (the core of management authority), which allow him to specify the employee’s duties by issuing binding instructions to him; punitive (disciplinary) powers associated with the use of disciplinary penalties; regulatory (legislative) powers, primarily to establish the regulations and other acts determining working order (in particular work schedules, holiday timetables etc.); and distributive power (the allocation of prizes and awards). The object of this study is to characterize the limits to the employer’s management authority in the employment relationship. The author concentrates on the limits defined by applicable law, the employment contract, the clause of compliance with socio-economic purpose, and the rules of social coexistence, as well as custom. The analysis of the limits of the employer’s management authority shows the importance of this issue, both in theoretical and practical terms. The appropriate configuration of these limits may help to solve one of the fundamental problems of modern labor law, which is to harmonize its protective and organizational functions.

scholarly journals Proper, Weighty and Extremely Weighty Cause to End an Employment Contract in Finland

2018 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Emma-Lotta Mäkeläinen ◽  
Sofia Toivonen ◽  
Tiina Räsänen
Keyword(s):  
Criminal Activity ◽  
Employment Relationship ◽  
Legal Practice ◽  
Employment Contracts ◽  
Employment Contract ◽  
Legal Literature ◽  
Employment Legislation

Employment relationship can be ended in many ways and under different circumstances. This article discusses the rules in Finland regarding the termination of employment contract. It analyses in outline what can be considered as a proper and weighty reason or an extremely weighty reason to end an employment contract. The Finnish Employment Contracts Act demands that there must always be a proper and weighty reason to end the employment contract. If the employer wants to end the employment contract summarily without notice, there must even be an extremely weighty reason to do that. Even though the employment legislation stipulates that there must be a legal ground to end the employment contract, the legislation does not contain any list of the acceptable grounds of termination or cancellation of the employment contract. In the legal practice and legal literature, it has been argued that the proper and weighty reason may be for example the neglect of the work obligations, competing activity and violating of the business secrets, use of intoxicants, criminal activity and inappropriate behaviour and in some cases even illness. However, the grounds for the termination or cancellation of the employment contract cannot be precisely defined because every termination and cancellation of the employment contract is unique.

EVALUATION OF THE STABILITY’S FACTORS OF LABOR RELATIONS IN THE CONDITIONS OF THE DIGITAL ECONOMY AT THE CONTEXT OF FIXED-TERM EMPLOYMENT CONTRACTS IN RUSSIA AND ABROAD

2021 ◽  
pp. 149-158
Author(s):  
Irina A. Glotova ◽  
Keyword(s):  
Labour Market ◽  
Significant Proportion ◽  
Developed Countries ◽  
Temporary Employment ◽  
The State ◽  
Short Term ◽  
Employment Contracts ◽  
Employment Contract ◽  
Precarious Employment ◽  
Short Period

Temporary employment is defined in the scientific literature as atypical for the sphere of wage labour and even as an element of precarious employment. Today, fixed-term labour contracts are seen as a mechanism for labour market actors to respond to any shocks in the economy, a way of flexibly regulating the number of employees and reducing "dead" costs for employers. Russian labour law prohibits the conclusion of fixed-term employment contracts for the purpose of avoiding the rights and guarantees provided for workers with whom an indefinite-term employment contract is concluded. But extensive court practice in challenging dismissal due to the expiry of the term of the employment contract shows that a significant proportion of employers conclude fixed-term employment contracts in violation of the requirements of the Labour Code of the Russian Federation, in order to avoid providing labour rights and guarantees to employees. These vio-lations mainly include repeated conclusion of fixed-term contracts for a short period to per-form the same work function, "imposition" of a condition on the fixed-term nature of the con-tract in the absence of the employee's will, in situations where the law requires an agreement of the parties to the employment contract for the conclusion of a fixed-term contract. In the modern economic environment, a form of short-term employment called casual work has developed, which is most often recognised in the literature as informal, precarious employment. Despite this, casual work has become widespread in developed countries, and particularly in jobs related to the on-demand economy, with the use of digital platforms. The negative aspect of the wide use of fixed-term employment contracts in the EU is reflected in the persistent entrenchment of temporary workers in the labour market, whose growth can be restrained only with the assistance of the state. Thus, the analysis of the practice of flexible forms of employment in foreign countries shows that short-term contracts are now widely integrated into the global labour market, which is confirmed by the statistical data on the growth of fixed-term contracts in most coun-tries. This process can hardly be stopped, but, based on the experience of EU countries, it seems possible at least to find a way to adapt to this situation by balancing the rights and interests of workers, employers and the state in such relations and preventing the transfor-mation of fixed-term employment relations into precarious ones.

The distribution of risks in the employment relationship in the light of French law

2009 ◽  
pp. 163-172
Author(s):  
Pascal Lokiec
Keyword(s):  
Stock Exchange ◽  
Working Hours ◽  
Company Law ◽  
Employment Relationship ◽  
Clear Distinction ◽  
Business Enterprise ◽  
French Law ◽  
Legal Form ◽  
Employment Relationships ◽  
A Company

- A business enterprise, in which most employment relationships take place, is a considerable source of risk for its members, both partners or shareholders and employees, especially if it takes the legal form of a company quoted on the stock exchange. The law has established a clear distinction between the actors who are involved in the company, with regard to the distribution of risks. Shareholders should bear the risks (though the risks they bear are limited in certain companies), while employees are risk-free. The evolutions coming from both employment and company law tend to modify this traditional way of distributing risks in companies: more and more pressure is put on employees to shoulder some of the risks of production, either by buying shares in the company or by adapting their remuneration or their working hours to its financial and productive health. The distribution of risk is evolving towards a transfer of some of it to employees.

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