scholarly journals Associated work in a cooperative is neither dependent work nor selfemployed work

2021 ◽  
pp. 315
Author(s):  
Gemma Fajardo García
Keyword(s):  
Limited Liability ◽  
Legal Framework ◽  
100Th Anniversary ◽  
Sufficient Reason ◽  
Labour Law ◽  
Contractual Relationship ◽  
Individual Work ◽  
Worker Cooperatives ◽  
Relationship Of ◽  
The Relationship

The celebration of the 100th anniversary of the ILO’s Cooperatives Unit sparked interest in reviewing the progress made by this institution in relation to the recognition and promotion of worker cooperatives. To this end, the Promotion of Cooperatives Recommendation (2002) and the Guidelines concerning statistics of Cooperatives (2018) were taken as the focus of study. From the analysis of both documents, the conclusion was drawn that although the former calls for the recognition of cooperatives in the terms established by the ICA, and for their promotion by States, establishing a legal framework favourable to them and compatible with their nature as self-managed enterprises, the fact is that associated work is still not recognised as a mode of work distinct from dependent work (wage-based) and self-employed(individual) work. This lack of recognition does not correspond to the recommendations of the ICA (2005) claiming that “the relationship of the worker-member with their cooperative should be considered as distinct from that of conventional wage-based dependent work and self-employed work”. The lack of recognition is often attributed to the modest size of these cooperatives and their possible use to circumvent the application of labour law. However, as we have shown, the former cannot be proven, and the latter is not sufficient reason to ignore or prohibit them, since there are other means to combat fake cooperatives. The lack of a contractual relationship between the worker-member and the cooperative is not a weakness but a strength and is the result of having a specific legal type for the cooperative, as opposed to other countries such as France or Italy which, because they lack such a type, are incorporated as Public Limited Companies or Limited Liability Companies, and subsequently hire their members so that they can work in their company.

scholarly journals Ugovorni odnosi u vezi s privremenim agencijskim radom

2020 ◽  
Vol 40 (3) ◽  
pp. 1101-1127
Author(s):  
Darja Senčur Peček ◽  
Sandra Laleta ◽  
Karla Kotulovski
Keyword(s):  
Good Practice ◽  
Employment Relationship ◽  
Labour Law ◽  
Legal Subject ◽  
Contractual Relationship ◽  
Temporary Agency Work ◽  
Contractual Relationships ◽  
Workplace Rights ◽  
Labour Legislation ◽  
The Relationship

This article analyses the contractual relationships concerning temporary agency work: specificities of the employment contract between the agency (as an employer) and worker; contractual relationship between agency and the user undertaking and the factual relationship between the user and agency workers. Concerning the employment relationship between the agency and worker, the analysis focuses on the fact that only legal subject that fulfils specific conditions can operate as an agency; further, on the duration of the employment relationship, the workplace, rights and the termination of the employment relationship. Despite the fact that the agency and the user conclude the commercial contract, those contractual parties are limited by the labour law rules that are the object of the analysis in this article. Thirdly, the article deals with the relationship between the agency worker and user, that is not formalized by the conclusion of the contract, but regulated by the labour legislation, that prescribes the workers’ rights and its impact on the user’s stable workers’ rights. The authors analyse the mentioned contractual relationships as regulated in Croatian and Slovenian labour law, as well as by EU law, giving the examples of good practice used in some European countries.

scholarly journals “About a Symbol”: Genesis and Parallels. Article Two. Dostoevsky as a Symbolist

2021 ◽  
pp. 238-259
Author(s):  
Anna I. Reznichenko
Keyword(s):  
100Th Anniversary ◽  
Ontological Status ◽  
200Th Anniversary ◽  
History Of ◽  
Relationship Of ◽  
First Time ◽  
The Relationship

The article is devoted to the literary and philosophical origins of Sergei Durylin’s report “On a Symbol in Dostoevsky” (the report was read in 1926 at a meeting of the Commission for the Study of Dostoevsky at the Literary Section of GAKhN). The history of the report in the context of the Literary Section is considered. Аbstracts and debates on the report are published for the first time. The relationship of Durylin’s ideas with the complex of Dostoevsky’s interpretations, developed by both the Symbolists (G.I. Chulkov) and Russian religious philosophers (P.A. Florensky, A.F. Losev) is shown. Both the report “On a Symbol in Dostoevsky’s” and the subsequent report “Landscape in Dostoevsky’s” are devoted to an anthropological and Christological story, connected with the symbolism of the setting sun, the symbolism of “oblique rays”, and its embodiment in Dostoevsky’s novels. Both texts are a continuation and a development of the same theme. A landscape is an artist’s mapping of nature, the created world; interiors are the artist’s image of the anthropomorphic world, the human space. The ontological symbol receives its sociocultural projection: a landscape or an interior. The problem of the relationship between the mapping/image and the object of the image, the problem of the ontological status of reality and its embodiment in the artistic/mythopoetic language, reflected in the report, corresponded to the focus of GAKhN on the development of a new “language of things” and a new concept of the humanitarian knowledge. The article is timed to coincide with the 200th anniversary of F.M. Dostoevsky, the 135th anniversary of S.N. Durylin, and the 100th anniversary of GAKhN.

scholarly journals ANALISIS TERHADAP UNDANG-UNDANG NOMOR 23 TAHUN 2011 TENTANG PENGELOLAAN ZAKAT (PERSPEKTIF HUKUM ISLAM)

2016 ◽  
Vol 15 (2) ◽  
Author(s):  
Budi Rahmat Hakim
Keyword(s):  
Islamic Law ◽  
Legal Framework ◽  
The State ◽  
New Paradigm ◽  
New Era ◽  
Key Issues ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship ◽  
Tax Deduction

The Birth of Law No. 23/2011 marks a new era of transformation of the national charity which has given rise to a new paradigm of charity management in our country. Some rules are the result of constitutive ijtihadin the ?eld of charity gets a reaction from some quarters, especially related to the management of charity by the state authority. Regardless of the debate which led to the material and formal lawsuit, there are several key issues to be further analyzed in relation to the reconstruction of ?qh paradigm evaluated from the perspective of contemporary Islamic law. First, the authorities and the involvement of the state as charities through the agency or institution that is of?cially established or recognized by the state, so that the management of charity can be done effectively, guaranteed. And have legal certainty. Secondly, the absence of sanctions for muzaki who shirk the obligation of charity in Law No.23 / 2011 shows that the payment of charity is voluntary, therefore charity regulations in Indonesia are still considered weak in the legal framework that can bind to the individual or business entity that is exposed to the taxpayer , Third, the reform paradigm of subject, object and charity tas{arruf ?eld have already accommodated in Law No.23 / 2011 in accordance with the principle of mas}lah}atand justice. Fourth, the relationship of charity and tax reaf?rmed in the amendment of new Law charity as?scal incentives for charity payers to make charity as a reduction of PKP (tax deduction), although this provision has not been able to realize the position of charitywhich is more signi?cant as a tax deduction(tax credit).

scholarly journals Correlations between microsatellite DNA heterozygosity and reproductive traits in Large White sows

2021 ◽  
Vol 23 (95) ◽  
pp. 45-53
Author(s):  
A. S. Kramarenko ◽  
S. S. Kramarenko ◽  
S. I. Lugovoy ◽  
I. P. Atamanyuk
Keyword(s):  
Microsatellite Loci ◽  
Private Enterprise ◽  
Rank Correlation ◽  
Correlation Coefficients ◽  
Limited Liability ◽  
Reproductive Traits ◽  
Large White ◽  
Spearman’S Rank Correlation ◽  
Relationship Of ◽  
The Relationship

The main aim of this paper was to determine whether heterozygosity (assessed using microsatellite genotypes) was correlated with the reproductive traits in sows. The study was conducted on two herds of sows of the Large White sows breed at the Limited Liability Company “Tavriys’ki svyni” (Kherson region, Ukraine) and the Agricultural Private Enterprise “Techmet-Yug” (Mykolayiv region, Ukraine). During the study, we used eleven microsatellite loci recommended by International Society for Animal Genetics (ISAG) – S0101, S0155, S0228, S0355, S0386, Sw24, Sw72, Sw240, Sw857, Sw936 and Sw951. The litter records included information on the total number of piglets born (TNB), number of piglets born alive (NBA), number of stillborn piglets (NSB), frequency of stillborn piglets (FSB), litter size at weaning (NW) in the first five parities. Individual heterozygosity estimates (for each microsatellite loci separately) and microsatellite multilocus heterozygosity (for all used loci) estimates (MLH) were used in our analysis. ANOVA was used to determine the relationship of the dependent effects (reproductive traits) to single locus heterozygosity using two classes: 0 (for homozygous individuals) and 1 (for heterozygous individuals). In addition, the following indicators were calculated for each genotype: the squared distances (d2) between alleles within an individual for each microsatellite loci and mean squared distances (mean d2) between alleles within an individual for 11 microsatellite loci. Spearman’s rank correlation coefficients were used to measure the association between d2 (for each microsatellite loci) and reproductive traits in sows. ANOVA on reproductive traits of sows belonging to different MLH and mean d2 classes was also undertaken. For sows from the Agricultural Private Enterprise “‘Techmet-Yug” were observed negative associations between heterozygosity and reproductive traits. We conclude that care should be taken when crossing between different breeders (English and Hungarian selection) to avoid outbreeding depression.

scholarly journals Problematic aspects of the application of the right of regression in indemnification by the employer to their employee

2020 ◽  
pp. 40-44
Author(s):  
L. Vasylenko ◽  
S. Khomenko
Keyword(s):  
Legal Regulation ◽  
Point Of View ◽  
Third Party ◽  
Labour Law ◽  
Legal Provisions ◽  
Recommendations For Action ◽  
Contractual Obligations ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

The purpose of the research in the article is to consider the theoretical problems of legal regulation of property liability of the employer. This work is devoted to investigation of the indemnification peculiarities by a legal or natural person caused by their employee or another person in accordance with Art. 1172 of the Civil code of Ukraine that will allow to establish cases of its use, in combination with other norms of the legislation, in particular labour. The conditions and reasons for the occurrence of the mentioned non-contractual obligations, peculiarities and problems of application of the right of regression to the persons who caused the damage will be revealed. Nowadays, unfortunately, the concept of «regressive obligations» has not been investigated enough, the legislation does not contain a specific definition of the term, there are no reasons and conditions for their occurrence and application, the legal provisions of the participants of these obligations have not been interpreted, which complicates the application of regression in practice. The issue of indemnification caused by an employee in the performance of his duties is closely intertwined with two related branches of civil and labour law. Therefore, it is necessary to analyze some elements of each type of responsibility to determine their independence and separation. To achieve this goal, the authors set the following tasks: to identify the causes of this discussion; to analyze the scientific positions by various scientists, about the civil nature of the relationship of indemnification by the employee to third party; to carry out the comparative analysis of legal regulation of the given relations by norms of the labour law and regulation of relations on indemnification caused by the employer, by its employee, by the civil legislation; determine the peculiarities of the relationship of liability of the employer for damage caused by the employee; summarise the legal nature of the relationship to compensate for damage caused by the employee. This will help to identify recommendations for action in the event of similar commitments in life. For this purpose, in this research the national legislation is analyzed from both a theoretical and practical point of view.

scholarly journals A Theoretical Conceptualization of Institutional Provision of the Financial Market

2020 ◽  
Vol 9 (512) ◽  
pp. 219-228
Author(s):  
S. V. Onyshko ◽  
◽  
D. O. Savenko ◽  
Keyword(s):  
Financial Markets ◽  
Financial Market ◽  
Legal Framework ◽  
Financial Resources ◽  
Market Development ◽  
Market Participants ◽  
Financial Market Development ◽  
Relationship Of ◽  
The Relationship ◽  
Theoretical Conceptualization

The article is concerned with the problems of formation and development of institutional provision of the financial market. The relevance of the problem is caused by the relationship of formal and informal norms of economic processes and phenomena, the understanding of which provides the key to achieving the effectiveness of the financial market development. Understanding the essence of institutional provision of the financial market and the factors of its formation and development makes it possible to make more informed and effective decisions in the sphere of financial market development. The article is aimed at substantiating the conceptual approaches to the structuring of institutional provision of the financial market. It is substantiated that institutional provision of the financial market includes both formal and informal institutions. The formal institutions, in turn, consist of institutions-organizations and institutions-norms. The factors of occurrence of institutional deformations in the financial market are systematized. The institutions of the financial market are structured, in particular, in the composition of the institutions-norms the authors allocate the formal (international legal framework for concluding and implementing agreements in financial markets, national regulatory framework for concluding and implementing agreements in financial markets, norms of related national and international law, ensuring the conclusion and implementation of agreements in financial markets) and the informal norms (norms stipulated by religion, informal agreements and conspiracies between the financial market participants, unofficial (shadow) markets for the conclusion and implementation of financial agreements). In the composition of institutions-organizations the authors allocate the institutions-buyers of financial resources; institutions – sellers of financial resources; institutions that serve the functioning of institutions-sellers and institutions – buyers of financial resources; institutions-regulators. The institutional provision of the financial market is structured and the relationship between institutions-norms, institutions-rules and the State is defined. The principles of institutional provision of the financial market are substantiated and its functions are defined.

scholarly journals Die beroepsbrief in die Gereformeerde Kerke in Suid-Afrika – ’n kontraktuele werksaanbod?

2007 ◽  
Vol 41 (4) ◽  
Author(s):  
J. Smit
Keyword(s):  
South Africa ◽  
Local Church ◽  
Dutch Reformed ◽  
Labour Law ◽  
Anglican Church ◽  
Reformed Church ◽  
Contractual Relationship ◽  
Contract Of Employment ◽  
The Relationship ◽  
The Church

The letter of calling in the Reformed Churches in South Africa – a contractual labour proposal? In the Schreuder case the court found that the letter of calling should be considered a legally valid letter of service. Therefore the relationship between a congregation and a minister in the Dutch Reformed Church is regulated by a contract of employ- ment. Consequently Labour Law applies to the position of this church’s ministers. In the court’s verdict on the Church of the Province case, the court found that a priest/minister of the Anglican Church does not enter into a legal binding contract of employment with the church. According to the court the rela- tionship between the Anglican Church and a priest/minister cannot be described as a contractual relationship, but rather a spiritual or religious agreement that is regulated by the canons of the church. Therefore the question should be asked: Is the letter of calling to a minister in the RCSA a contractual labour proposal by a local church? In this article it is argued that a letter of calling in the RCSA should not be considered a letter of service. In the light of Scripture, the confession and the church order the aim of the letter of calling is merely to inform a minister of a religious calling by the Lord. It is therefore suggested that the draft form of the letter of calling currently in use, should be adapted to avoid misunderstandings regarding the position and service of a minister in the RCSA.

The role of the architect using integrated contracts for social housing renovation projects

2016 ◽  
Vol 14 (4) ◽  
pp. 802-817
Author(s):  
Tadeo Baldiri Salcedo Rahola ◽  
Ad Straub
Keyword(s):  
Social Housing ◽  
Content Type ◽  
Daily Work ◽  
Contractual Relationship ◽  
Traditional Design ◽  
The Social ◽  
Relationship Of ◽  
The Relationship ◽  
Design Bid Build

Purpose This paper aims to gain more in-depth knowledge in the tendering procedures and organisational typologies of consortia working with integrated contracts for social housing renovation projects and especially in the inherent changes in the role of the architect and his or her relations with the client and consortium members. Design/methodology/approach In total, 21 Dutch social housing renovation projects using an integrated contract with the involvement of an architect were identified in the period 2005-2013. The study is based on interviews with 13 from 21 architects working in these projects. Findings The findings indicate that in the majority of these projects, the architect is contracted by the main contractor rather than by the client, the social housing organisation. The new contractual relationship has no significant effect on the relationship of the architect with the social housing organisation and improves the relationship of the architect with the main contractor, consultants, advisors and other consortium members, such as specialist contractors. The architect switches from the role of designer to that of technical and aesthetic advisor, compared to traditional design-bid-build projects. Research limitations/implications The findings are based on the first experiences of architects working with integrated contracts for social housing renovation projects. Results may be different for other types of projects. Practical implications Architects involved in integrated contracts for housing renovation projects can foresee the implications for their daily work. The study provides useful insights for educational reform to prepare students and practising architects to make the most of the new situation. Originality/value The few studies into integrated contracts that refer to the role of the architect have flagged up changes in this role relative to the traditional design-bid-build approach. This study provides in-depth knowledge of the role of the architect in integrated contracts.

scholarly journals Criminal Violations of the Medical Ethics Code by Dr. Bimanesh

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (4) ◽  
pp. 329
Author(s):  
Naomi Jesica Hartanto ◽  
Arlene Agustina ◽  
Klarika Permana
Keyword(s):  
Law Enforcement ◽  
Medical Ethics ◽  
Public Interest ◽  
Code Of Ethics ◽  
Medical Data ◽  
The Public ◽  
Contractual Relationship ◽  
Ethics Code ◽  
Relationship Of ◽  
The Relationship

The relationship between doctors and patients is no longer seen as a mere relationship of trust, the relationship has been seen as a contractual relationship. The relationship between doctor and patient is an agreement known as a therapeutic transaction. Doctors as members of professions that devote their knowledge to the public interest have freedom and independence-oriented to human values in accordance with the medical code of ethics. The medical code of ethics is regulated in the Indonesian Medical Ethics Code (KODEKI). The doctor's profession is required to work professionally and uphold the Code of Medical Ethics in carrying out his profession. However, there are some doctors who do not do their profession professionally. One of them, the case of Doctor Bimanesh Sutarjo allegedly cooperating to falsify Setya Novato's suspect to the hospital to be hospitalized with medical data that was allegedly manipulated in such a way as to avoid calls and checks by KPK investigators. Therefore, the authors are interested in writing this journal so that we understand better about the violations and law enforcement against KODEKI violations.Keywords: Indonesian Medical Ethics Code (KODEKI), doctors, Doctor Bimanesh

scholarly journals PREFERENSI PETANI DALAM PENJUALAN GABAH PASCA PANEN DI DESA SUMUR MATI KECAMATAN SUMBERASIH KABUPATEN PROBOLINGGO

2017 ◽  
Vol 11 (1) ◽  
pp. 81
Author(s):  
Musyarofah Musyarofah ◽  
Pudjo Suharso ◽  
Titin Kartini
Keyword(s):  
Descriptive Analysis ◽  
Capital Requirements ◽  
Social Practices ◽  
Data Presentation ◽  
Rice Farmers ◽  
Contractual Relationship ◽  
Strategic Role ◽  
Relationship Of ◽  
The Relationship ◽  
Collection Methods

This research was conducted to describe farmer preference in post-harvest grain sales and to know the working relationship of farmers with Bulog, middlemen and market kiosk traders. The type of this research is descriptive with qualitative approach. The method of determining the location of research using the method of purposive area is in the Sumur Mati Village Sumberasih District Probolinggo. The main informants in this study were 12 rice farmers, with the criteria of ever selling grain more than 5 times. While the additional informants in this study are Bulog Officials, Brokers, and Kiosk Traders. Data collection methods used consisted of methods: interviews, observation, and documents. Data analysis used is descriptive analysis which include data reduction, data presentation, and conclusion (verification). The results showed that Farmers' preferences in the Sumur Village died based on experience gained and trust decreased. Farmers in Sumur Mati Village sell grain to Bulog, middlemen, and market stall traders. Bulog's relationship with farmers is a partnership. The partnership between Bulog and the farmers did not last long because the farmers felt the loss. The relationship between middlemen and farmers is intertwined in a patron-client bond. A middleman as a patron takes a strategic role in this client's patron relationship by lending money to farmers or clients to meet initial capital requirements. While the relationship between market stall traders with farmers is the relationship between agents and actors as in the theory of Giddens structure. Where the relationship between buying and selling kiosk vendors with farmers in this study also occurs continuously and in it there are social practices. Farmers and traders established contractual relationship

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