ABOUT SOME PRACTIC PROBLEMS IN LABOUR LAW

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 139-149
Author(s):  
Alina Wypych-Żywicka
Keyword(s):  
Civil Code ◽  
Working Time ◽  
Time Schedule ◽  
Labour Law ◽  
Part Time

The rule arising from the Article 154 of the Labour Code applies to a part-time worker. His working time schedule does not justify the annual leave extension. The period of notice begins to run on the day after submitting a notice of termination. In this situation the rule provided in Article 111 of the Civil Code in connection with Article 300 of the Civil Code applies.

scholarly journals Gender, Flexibility Stigma and the Perceived Negative Consequences of Flexible Working in the UK

2018 ◽  
Vol 151 (2) ◽  
pp. 521-545 ◽  
Author(s):  
Heejung Chung
Keyword(s):  
Gender Differences ◽  
Work Life ◽  
Working Time ◽  
Work Life Balance ◽  
Negative Consequences ◽  
Life Balance ◽  
Flexible Working ◽  
Part Time ◽  
Negative Perceptions ◽  
The Uk

AbstractThis study examines the prevalence and the gender differences in the perceptions and experiences of flexibility stigma—i.e., the belief that workers who use flexible working arrangements for care purposes are less productive and less committed to the workplace. This is done by using the 4th wave of the Work-Life Balance Survey conducted in 2011 in the UK. The results show that 35% of all workers agree to the statement that those who work flexibly generate more work for others, and 32% believe that those who work flexibly have lower chances for promotion. Although at first glance, men are more likely to agree to both, once other factors are controlled for, women especially mothers are more likely to agree to the latter statement. Similarly, men are more likely to say they experienced negative outcomes due to co-workers working flexibly, while again mothers are more likely to say they experienced negative career consequences due to their own flexible working. The use of working time reducing arrangements, such as part-time, is a major reason why people experience negative career outcomes, and can partially explain why mothers are more likely to suffer from such outcomes when working flexibly. However, this relationship could be reverse, namely, the stigma towards part-time workers may be due to negative perceptions society hold towards mothers’ commitment to work and their productivity. In sum, this paper shows that flexibility stigma is gendered, in that men are more likely to discriminate against flexible workers, while women, especially mothers, are more likely to suffer from such discrimination.

scholarly journals Opportunities, constraints and constrained opportunities - A study on mothers' working time patterns in 22 European countries

2014 ◽  
Vol 49 ◽  
Author(s):  
Milla Salin
Keyword(s):  
Theoretical Approach ◽  
Working Time ◽  
European Countries ◽  
Full Time ◽  
Time Pattern ◽  
Childless Women ◽  
Actual Working ◽  
Time Patterns ◽  
Time Work ◽  
Part Time

The aim of this study was to analyze mothers’ working time patters across 22 European countries. The focu was on three questions: how much mothers prefer to work, how much they actually work, and to what degree their preferred and actual working times are (in)consistent with each other. The focus was on cross-national differences in mothers’ working time patterns, comparison of mothers’ working times to that of childless women and fathers, as well as on individual- and country-level factors that explain the variation between them.In the theoretical background, the departure point was an integrative theoretical approach where the assumption is that there are various kinds of explanations for the differences in mothers’ working time patterns – namely structural, cultural and institutional – , and that these factors are laid in two levels: individual- and country-levels. Data were extracted from the European Social Survey (ESS) 2010 / 2011.The results showed that mothers’ working time patterns, both preferred and actual working times, varied across European countries. Four clusters were formed to illustrate the differences. In the full-time pattern, full-time work was the most important form of work, leaving all other working time forms marginal. The full-time pattern was perceived in terms of preferred working times in Bulgaria and Portugal. In polarised pattern countries, full-time work was also important, but it was accompanied by a large share of mothers not working at all. In the case of preferred working times, many Eastern and Southern European countries followed it whereas in terms of actual working times it included all Eastern and Southern European countries as well as Finland. The combination pattern was characterised by the importance of long part-time hours and full-time work. It was the preferred working time pattern in the Nordic countries, France, Slovenia, and Spain, but Belgium, Denmark, France, Norway, and Sweden followed it in terms of actual working times. The fourth cluster that described mothers’ working times was called the part-time pattern, and it was illustrated by the prevalence of short and long part-time work. In the case of preferred working times, it was followed in Belgium, Germany, Ireland, the Netherlands and Switzerland. Besides Belgium, the part-time pattern was followed in the same countries in terms of actual working times. The consistency between preferred and actual working times was rather strong in a majority of countries. However, six countries fell under different working time patterns when preferred and actual working times were compared.Comparison of working mothers’, childless women’s, and fathers’ working times showed that differences between these groups were surprisingly small. It was only in part-time pattern countries that working mothers worked significantly shorter hours than working childless women and fathers. Results therefore revealed that when mothers’ working times are under study, an important question regarding the population examined is whether it consists of all mothers or only working mothers.Results moreover supported the use of the integrative theoretical approach when studying mothers’ working time patterns. Results indicate that mothers’ working time patterns in all countries are shaped by various opportunities and constraints, which are comprised of structural, cultural, institutional, and individual-level factors.Keywords: mother, working time pattern; preferred working time, actual working time, integrative theoretical approach, comparative research

Part-time work in Danish private services: a (mis)match between wage flexibility and living hours

2019 ◽  
pp. 133-158
Author(s):  
Trine P. Larsen ◽  
Anna Ilsøe ◽  
Jonas Felbo-Kolding
Keyword(s):  
Working Hours ◽  
Working Time ◽  
Institutional Framework ◽  
Time Work ◽  
Part Time ◽  
Wage Regulation ◽  
Wage Penalties ◽  
Industrial Cleaning ◽  
Workforce Composition ◽  
Working Time Regulation

This chapter explores how the institutional framework for working time and wage regulation affects the prevalence of marginal part-time employment (less than 15 working hours per week) and its implications for men and women's hourly earnings within retail, industrial cleaning, hotels and restaurants. Analytically, we draw on the concept of living hours and find that the combined effects of wage and working time regulation influence the take-up of contracts of few hours and the workforce composition. We argue that the institutional framework of collective agreements, in some instances, facilitates a win-win situation for employers and employees alike and narrows the gender pay gap. In other instances, the very same agreements seemingly promote dualisation, especially for young people and migrants in terms of wage penalties and contracts of few hours, indicating the dual nature of the institutional framework.

The relationship between tooth cleaning behaviour and flexibility of working time schedule

1999 ◽  
Vol 26 (7) ◽  
pp. 448-452 ◽  
Author(s):  
Claides Abegg ◽  
Wagner Marcenes ◽  
Ray Croucher ◽  
Aubrey Sheiham
Keyword(s):  
Working Time ◽  
Time Schedule ◽  
Cleaning Behaviour ◽  
Tooth Cleaning ◽  
The Relationship

Convincing the toilers?

2006 ◽  
Vol 20 (2) ◽  
pp. 349-368 ◽  
Author(s):  
Brigid van Wanrooy ◽  
Shaun Wilson
Keyword(s):  
Multivariate Analysis ◽  
Family Life ◽  
Working Hours ◽  
Social Attitudes ◽  
Working Time ◽  
Long Working Hours ◽  
Men And Women ◽  
Time Regime ◽  
Part Time ◽  
Per Capita

Australians work comparatively long hours and, in recent years, most of the growth in per capita working hours has come from workers already employed full time.Yet, despite the problems long working hours can cause, this trend has not attracted political attention. Increasingly, the Australian working time regime is a weak regulator of working hours and promotes only limited equality between the working hours of men and women. This article uses responses from the Australian Survey of Social Attitudes 2003 to investigate whether workers' preferences are in accord with regime institutions. We find that people who work long hours are no less inclined than those who work standard hours or part time to see working hours as a choice and they do this despite more often reporting that their work interferes with family life and that employers expect long hours from them. We contend that seeing long working hours as a choice may be the product of the ‘liberal’ working time regime itself. Multivariate analysis of the responses suggest that structural pressures work to strengthen perceptions that there is a problem with long working hours and prompt the belief that long hours are not freely chosen. Implications of these findings tell us something about possible future regulation.

Tätigkeitsbezug als Sachgrund der Befristung des Arbeitsvertrags

2020 ◽  
Author(s):  
Christian Roth
Keyword(s):  
German Law ◽  
Case Law ◽  
Eu Law ◽  
Labour Law ◽  
Assessment Criterion ◽  
Employment Contracts ◽  
Substantial Modification ◽  
Time Work ◽  
Part Time ◽  
Part Time Work

Based on a new, comprehensive approach, this work places the objective reasons for fixed-term employment contracts in German labour law under intense scrutiny. As a result of the author considering ECJ case law in this respect, a legally certain assessment criterion for every potential objective reason arises: their specific relation to the occupational context. By comparing this criterion with German law (§ 14 (1) of the TzBfG, Germany’s law on part-time work and fixed-term employment) and the case law in this respect, the author reveals the selective need for substantial modification of the law in question. He points out ways and means to deal with those necessary modifications to ensure that the objective reasons for fixed-term employment contracts in German law conform with EU law.

Sign in / Sign up

Export Citation Format

Share Document