service contract
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2021 ◽  
pp. 203195252110631
Author(s):  
Gerrard Boot

To protect the so-called self-employed, a multilevel solution is needed. Requalification is a first step and to do this, a broad definition of the employment agreement and the presumption of an employment agreement in some situations, is useful. But even then, a clear distinction between bogus self-employed and real entrepreneurs is sometimes difficult to make and requalification for the self-employed who work for individuals is problematic. Working on the base of a service contract gives some protection and besides that, protection for all working people is needed, such as, for example, a financial contribution in case of disability.


2021 ◽  
Vol 81 (2) ◽  
pp. 144-148
Author(s):  
S. V. Vereitin

Scientific approaches to determining the legal status of the employer in labor relations have been studied considered. The author has studied the norms of the Law of Ukraine “On the National Police”, which determine the identity of the employer and his authority to enter into a police service contract. It has been noted that the state is the employer in labor legal relations of police officers. However, employer powers in accordance with Part 1 of the Art. 63 of the Law of Ukraine “On the National Police” are delegated from the state to the National Police of Ukraine. Employer powers are directly exercised by the head of the police agency granting the right to accept and dismiss from the police. This person, on the one hand, is a representative of the employer, on the other hand – an employee. It has been stated that the Law of Ukraine “On the National Police”, defining the identity of the employer in the labor legal relations of police officers, did not enshrine the labor rights and responsibilities of the National Police of Ukraine as an employer. It is recommended to clearly define the list of labor rights and responsibilities of the National Police of Ukraine as an employer in the Law of Ukraine “On the National Police”. The following groups of labor rights of the National Police of Ukraine should be envisaged: 1) the right to select on the position of a police officer; 2) the right to accept, transfer and dismiss from the police; 3) the right to demand from the police officer to perform his / her functional duties; 4) the right to organize and manage the service; 5) the right to apply incentives; 6) the right to compensation ин police officers for the damage caused to the property of the police agency as a result of the violation of their functional duties by police officers. It is also necessary to consolidate the following groups of labor responsibilities of the National Police of Ukraine: 1) ещ provide the police щаашсук with work that meets the job descriptions and functional responsibilities of the relevant position; 2) ещ create appropriate service conditions necessary for the performance of functional duties; 3) to ensure proper rest of police officerі; 4) to provide timely financial support to police officerі and in the full extent; 5) to provide social protection for police officers; 6) to ensure the protection of the life and health of police officers, the life and health of family members, as well as their property.


2021 ◽  
Vol 4 (1) ◽  
pp. 42-53
Author(s):  
Muhammad Arfan Harahap ◽  
Sri Sudiarti

Financial service activities provided by Islamic banking in Indonesia are applied with various service contracts such as wakalah, hawalah and kafalah. In its current operation, the service contract is still an issue that is discussed, especially regarding the conformity of the contract to sharia provisions. The purpose of this study is to analyze the service contracts of Islamic banks in the review of fiqh muamalah maliyah. The type of qualitative research used in this study describes descriptively to provide a clear picture of the implementation of the contract used in the service products provided by Islamic banking. The literature study in this study was carried out by collecting data in the form of journals, books, Fatwa DSN, KHES in order to strengthen the conclusions that were built. The results of this study describe the operational concepts of service contracts: wakalah, hawalah and kafalah in Islamic banking. Furthermore, the findings in this study reveal that service contracts in wakalah, hawalah and kafalah contracts that are applied to various products in Islamic banking are appropriate in the review of fiqh muamalah maliyah.


2021 ◽  
Vol 28 (81) ◽  
pp. 24-26
Author(s):  
Alejandro Valiño

The paper analyses the situation of the contracts to provide services that persons or sport organisations agree with their students in the context of expanded health crisis worldwide caused by the coronavirus. Given the diverse background of the readers, reference to specific national or local regulations will be avoided. Instead, general principles of the service contract contained in some studies that have dealt with the transnational harmonisation of private law are considered.


Author(s):  
Mario Bravetti ◽  
Julien Lange ◽  
Gianluigi Zavattaro

AbstractSession types are widely used as abstractions of asynchronous message passing systems. Refinement for such abstractions is crucial as it allows improvements of a given component without compromising its compatibility with the rest of the system. In the context of session types, the most general notion of refinement is the asynchronous session subtyping, which allows to anticipate message emissions but only under certain conditions. In particular, asynchronous session subtyping rules out candidates subtypes that occur naturally in communication protocols where, e.g., two parties simultaneously send each other a finite but unspecified amount of messages before removing them from their respective buffers. To address this shortcoming, we study fair compliance over asynchronous session types and fair refinement as the relation that preserves it. This allows us to propose a novel variant of session subtyping that leverages the notion of controllability from service contract theory and that is a sound characterisation of fair refinement. In addition, we show that both fair refinement and our novel subtyping are undecidable. We also present a sound algorithm, and its implementation, which deals with examples that feature potentially unbounded buffering.


Author(s):  
Jaafar Naser Abdulridha ◽  
Ghani Ressan Gadder

The objective of the investigation is to analyze problems of organization and legal responsibility (civil and administrative) in the field of telecommunications in Iraq. The methodological basis of research consists of dialectical approaches, as well as special methods of studying legal, comparative-legal, structural-functional phenomena. Mobile phone use has spread widely among consumers. The mobile phone revolution has transformed lifestyles and livelihood resources with their envelopes to creating new business activities and changing the way people communicate. It is concluded that the use of a mobile phone has many effects, which can be social, physical, sanitary, environmental, or legal. For the latter, we note in Iraq that there is no legal regulation of communications that adheres to the provisions of consignment service providers in their relationship with subscribers. In this way, some communications authorities took on the task of creating the legal, political and administrative conditions by issuing policies that identify, in many cases, the conditions to which the mobile service provider includes in the service contract.


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