LEGAL STATUS OF WORKERS UNDER DECREE OF THE PRESIDENT OF REPUBLIC OF POLAND ON THE EMPLOYMENT AGREEMENT 1928

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 151-162
Author(s):  
Maria Bosak-Sojka
Keyword(s):  
Legal Status ◽  
Specific Group ◽  
Employment Contract ◽  
Employment Agreement

The study was devoted to the regulations contained in one of the first Polish regulations aimed at standardizing the employment of a specific group of employees. On the basis of the conducted analysis, it was possible to indicate the specificity related to the legal status of workers employed on the basis of an employment contract.

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 Peculiarities of termination of the employment agreement at the initiative of the owner or the authorized authority

2020 ◽  
pp. 58-64
Author(s):  
O.I. Kiselova ◽  
Y.V. Nomirovskaya
Keyword(s):  
Third Party ◽  
Disciplinary Action ◽  
Employment Contract ◽  
Employment Agreement ◽  
The Will ◽  
Witness Statements

The article is devoted to clarifying the peculiarities of the procedure for termination of the employment contract at the initiative of the owner or his authorized body. The article analyzes the concepts of «termination of employment contract», «annulation of employment contract» and «dismissal». It was found that the annulation of the employment contract is the termination of employment by unilateral expression of the will of the party to the contract or a third party. It is determined that the employer, unlike the employee, may terminate the employment contract only in cases specified by law and in the manner prescribed by law. The grounds for annulation of the employment contract at the initiative of the employer can be divided into three groups: 1) related to production needs; 2) related to the identity of the employee in the absence of his fault; 3) related to the guilty actions of the employee. Termination of the employment contract at the initiative of the employer in connection with the guilty actions of the employee (committing a disciplinary offense) is through the application of disciplinary action in the form of dismissal. At the same time, both the general requirements for termination of the employment contract at the initiative of the owner or his authorized body (for example, prohibition of dismissal during temporary incapacity for work or during vacation) and the procedure for imposing disciplinary sanctions set by the Labor Code of Ukraine must be met. It was found that in each case the employer is obliged to prove the existence of appropriate grounds with appropriate evidence (these may be memos, decisions of the attestation commission, acts and materials of inspections, orders to impose disciplinary sanctions on the employee during the year, witness statements, etc.). It is determined that there is a need to legislate the list of entities that can be dismissed on additional grounds, as well as to clarify the concept of one-time gross violation of labor duties.

4. Alternative Personal Work Contracts and Relations

2020 ◽  
pp. 103-142
Author(s):  
David Cabrelli
Keyword(s):  
Legal Status ◽  
Intermediate Position ◽  
Employment Contract ◽  
Gig Economy ◽  
Contract Of Employment ◽  
The Uk ◽  
Employment Rights ◽  
Work Contracts

This chapter first examines the two statutory constructs occupying an intermediate position between the employment contract and contract for services that have been formulated by the UK Parliament as a repository for the conferral of certain statutory employment rights. These two statutorily recognized personal work contracts—the ‘worker’ contract and the ‘contract personally to do work’—are intermediate contract types, lying somewhere between the contract of employment and the contract for services. The discussion here is situated within the context of the controversy surrounding the growing numbers of atypical working contracts, such as contracts entered into by ‘gig economy’ workers, ‘zero-hours’ workers, casual workers, etc. The chapter then turns to address the legal status of agency workers. It examines whether the Agency Workers Regulations 2010 address the disadvantages experienced by this section of the UK workforce.

4. Alternative Personal Work Contracts and Relations

2018 ◽  
Author(s):  
David Cabrelli
Keyword(s):  
Legal Status ◽  
Intermediate Position ◽  
Employment Contract ◽  
Gig Economy ◽  
Contract Of Employment ◽  
The Uk ◽  
Employment Rights ◽  
Work Contracts

This chapter first examines the two statutory constructs occupying an intermediate position between the employment contract and contract for services that have been formulated by the UK Parliament as a repository for the conferral of certain statutory employment rights. These two statutorily recognized personal work contracts—the ‘worker’ contract and the ‘contract personally to do work’—are intermediate contract types, lying somewhere between the contract of employment and the contract for services. The discussion here is situated within the context of the controversy surrounding the growing numbers of atypical working contracts, such as contracts entered into by ‘gig economy’ workers, ‘zero-hours’ workers, casual workers, etc. The chapter then turns to address the legal status of agency workers. It examines whether the Agency Workers Regulations 2010 address the disadvantages experienced by this section of the UK workforce.

scholarly journals The Worker’s Employment Contract—the Legal Regulations of Interwar Poland

2019 ◽  
Vol 28 (4 ENGLISH ONLINE VERSION) ◽  
pp. 73-97
Author(s):  
Sebastian Kwiecień
Keyword(s):  
Legal Regulations ◽  
Labour Law ◽  
Employment Contracts ◽  
Employment Contract ◽  
Freedom Of Contract ◽  
Contractual Relationship ◽  
Employment Agreement ◽  
Labour Contracts ◽  
The Republic ◽  
Protective Regulations

In independent Poland, the foundations for a new area of law, that is, labour law were laid, abandoning the previously crucial principle of freedom of contract underlying the contractual relationship between an employee and the employer. On March 16, 1928, the President of the Republic of Poland issued an ordinance on labour contracts, defining mutual obligations of employees and their employers under an employment contract based on which the employee undertook to perform work for the employer against remuneration. The legislator permitted the conclusion of employment contracts in writing, orally or in any other customary form accepted in a given workplace. In exchange for the work performed, the employer was obliged to pay appropriate contractual remuneration, as specified in the employment agreement. Importantly, this ordinance contained a number of protective regulations that were designed to protect the worker and make his position towards the employer more equal. They included regulations concerning remuneration protection or the employer’s obligation to specify work rules. Most importantly, however, the ordinance protected the worker from immediate and unjustified dismissal.

scholarly journals Immigration, work and health in Spain: the influence of legal status and employment contract on reported health indicators

2010 ◽  
Vol 55 (5) ◽  
pp. 443-451 ◽  
Author(s):  
Emily Sousa ◽  
◽  
Andrés Agudelo-Suárez ◽  
Fernando G. Benavides ◽  
Marc Schenker ◽  
...  
Keyword(s):  
Legal Status ◽  
Health Indicators ◽  
Employment Contract ◽  
Reported Health ◽  
Work And Health

scholarly journals Features of seafarers employment contracts

2019 ◽  
Vol 9 (11) ◽  
pp. 455-465
Author(s):  
Iryna Pidpala
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Employment Contracts ◽  
Employment Contract ◽  
Legal Literacy ◽  
Labor Legislation ◽  
Employment Agreement ◽  
Subjective Rights ◽  
Compensation Payments

This article has explored the features of the employment contract of seafarers. The parties to this contract are the seafarer and the shipowner, who have their own subjective rights and obligations, which are defined as contracts of tax and labor law in general. Legal regulation of contracts is carried out by both international and labor legislation of the sailor's country. Objective features of seafarers' labor relations necessitate the establishment of special norms regulating working crew members of seagoing vessels, because they perform the labor functions of seafarers, attract grounds for sectoral differentiation of legal regulation of their work. Certainly, seafarers must be very attentive when concluding a contract, pay attention to the minimum list of clauses of the employment agreement, do not sign an incomplete agreement, make sure about the specified wages, compensation payments, and other conditions, show legal literacy.

scholarly journals The Importance of Employment Contract for Umsida Quality Employees Improvement

Rechtsidee ◽  
2015 ◽  
Vol 2 (2) ◽  
pp. 141
Author(s):  
Noor Fatimah Mediawati ◽  
Rifqi Ridlo Phahlevy
Keyword(s):  
Labor Relations ◽  
Employee Performance ◽  
Legal Protection ◽  
Employment Relationship ◽  
Working Relationship ◽  
Employment Contracts ◽  
Employment Contract ◽  
Legal Instrument ◽  
Employment Agreement ◽  
Labor Agreement

The absence of employment contracts in UMSIDA recognized cause some problems. Especially in improving the performance of employees. Issues a little more disturbing harmonious labor relations between employees and UMSIDA. In the terminology of the Labour Act, employment contract terms it is known as the Employment Agreement. Where the existence of labor agreement / contract employment is expected to harmonize the working relationship with the employer in accordance with the applicable rules. The existence of employment contracts is also a legal instrument which according to researchers ought to be put forward in efforts to increase the qualifications and competence of employees. By contract it will also avoid things that are not desirable in an employment relationship, because each party will always carry out their rights and responsibilities are aligned and balanced. Tranquility in the work and the guarantee of legal protection are expected to improve employee performance especially towards quality UMSIDA 2020. So this study explored further the urgency employment contract once its design. How To Cite: Mediawati, N., & Phahlevy, R. (2015). The Importance of Employment Contract for Umsida Quality Employees Improvement. Rechtsidee, 2(2), 141-156. doi:http://dx.doi.org/10.21070/jihr.v2i2.106

scholarly journals Features of legal regulation of labor of medical workers

2020 ◽  
pp. 35-40
Author(s):  
O.I. Kyselova ◽  
K.O. Nadtochiy
Keyword(s):  
Health Care ◽  
Health Care Workers ◽  
Legal Status ◽  
Labor Relations ◽  
Health Workers ◽  
Legal Regulation ◽  
Employment Contract ◽  
Care Workers ◽  
Special Rules

The work of health care workers is associated with great physical and emotional stress, the need in some cases to work in difficult and life-threatening conditions. This determines some features of the legal regulation of labor relations in this area of activity: additional requirements when concluding an employment contract, preferential working hours and rest time, special rules for part-time work, etc. The specificity of the legal status of medical workers as subjects of labor law is due to both general rules and special regulations on various aspects of their activities. In addition to the general provisions of the Labor Code of Ukraine, the provisions of the law "Fundamentals of the legislation of Ukraine on health care", as well as a number of other regulations apply to medical workers who carry out professional activities. The article describes the regulations governing the employment of health workers, identifies the role of the employment contract in regulating their work, analyzes the features of the legal status of health workers as a subject of labor relations, and identifies a set of problems that arise in health care workers. in the performance of their duties. This topic is of interest not only from a scientific but also from a practical point of view, which necessitates detailed, thorough legal regulation of the work of medical workers and a more careful attitude of the legislator to this area. The urgency of the topic is due to the role of health professionals in the realization of the right of everyone to health care, guaranteed by Art. 49 of the Constitution of Ukraine.

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