labor contracts
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2021 ◽  
Author(s):  
Brenda Samaniego de la Parra ◽  
Andrea Otero-Cortés ◽  
Leonardo Fabio Morales

In 2014, Colombia implemented a policy that added flexibilization to labor contracts for part-time workers that reduced the quasi-fixed costs of employing formal workers. We find that the reform increased the probability of entering the formal sector within the targeted population: low-wage, part-time workers. We use administrative employer-employee matched data and leverage variation across cities and industries in demand for part-time work before the reform. We find that, after the tax reform, the change in the total number of formal workers is 6 percentage points higher at firms that use the new contracts relative to their counterparts that choose not to hire low-wage, formal, part-time workers under the new tax form. Mean daily wages temporarily declined after the reform.


2021 ◽  
pp. 688-696
Author(s):  
J.A. Novikova

The article analyzes the procedure for registering labor contracts concluded between an employee and an employer who is an individual who does not have the status of an individual entrepreneur, provided for by both the Labor Code of the Russian Federation and the regulatory legal acts of some municipalities, notes the advantages and disadvantages of the legal regulation of this issue, changes are proposed, that need to be included in these acts to improve the legal regulation of the indicated issue.


2021 ◽  
Vol 6 (9) ◽  
pp. 25-32
Author(s):  
Shokhsanam Islomqulova ◽  

This article examines how and by what normative legal acts labor relations in civil law are regulated. This article analyzes errors and shortcomings in civil law contracts related to the provision of services in practice, as well as difference labor contracts and civil law contracts and errors that are allowed in their registration. The aspects and proposals that are necessary to eliminate and prevent offenses are also emphasized. The content, form, parties to the contract, obligations and rightsof the parties, obligations for violation of the contract, grounds for termination of the contract are also highlighted. And each of these above-listed aspects is compared with an employment contract. The differences arising from the comparison were studied by Russian and English scientists and their judgments on this situation were translated. Civil contracts regulating labor relations are considered on the example of the legislation of foreign states and the Republic of Uzbekistan. The advantages and disadvantages of a civil contract, its difference from employment contracts were explained by comparison in separate tables.Keywords:civil law contract, fee service contract, labor contract, contractor, customer, employee, employer, terms of contract


2021 ◽  
Vol 13 (14) ◽  
pp. 7864
Author(s):  
Nico Dewaelheyns ◽  
Cynthia Van Hulle ◽  
Yannick Van Landuyt ◽  
Mathias Verreydt

Although employment protection and employee remuneration has been shown to affect many aspects of a firm’s performance, evidence of their ability to explain firm failure is very limited. This paper examines the effect of different types of labor contracts and wages on the probability of corporate failure between 2012 and 2019 using a sample of 29,596 Belgian SMEs. Using discrete time hazard regression models, we find that the use of contract types with lower employment protection and paying lower wages are significant predictors of failure.


Author(s):  
Stefano Dughera ◽  
Francesco Quatraro ◽  
Claudia Vittori

Abstract An established tenet of the literature is that the use of flexible labor leads to less innovation. Yet, less attention has been paid to the possibility that it is the decision to innovate that generates the incentive to hire on a permanent basis. The goal of this paper is to show the existence of interlocking complementarities between the firm's technological and hiring strategies. To do so, we develop a simple model where the workers’ decision to invest in human capital is affected by the type of employment contract (temporary versus permanent) and by the type of technological investments (routine versus innovative). When the firm is unable to coordinate its actions across these different domains, two equilibria simultaneously exist: in the ‘high-road’ equilibrium, firms invest more in innovative projects and hire on a permanent basis; in the ‘low-road’ equilibrium, they invest more in routine projects and hire on a temporary basis.


2021 ◽  
Author(s):  
N.N. Sokolenko ◽  
J.G. Agarkova

The article examines the relationship between the concepts of “employment contract” and “transaction” on the basis of various opinions of scientists and judicial practice, as well as analyzes the legislation of the Russian Federation in the field of determining the powers of tax inspections in relation to the re-qualification of civil law contracts into labor contracts.


2021 ◽  
Vol 52 (3) ◽  
pp. 25-42
Author(s):  
Septimiu Panainte ◽  
◽  
Ramona Daniela Stângaciu ◽  

Undeclared labor has become an increasingly present phenomenon nowadays. Due to the pandemic context, there has been a transition towards working from home or under telework regime. These particular forms of individual labor contracts allow for greater flexibility in terms of the place where a natural person works but, on the downside, they allow the parties to disguise the agreement or to avoid fulfilling the formalities imposed by the Law, such as concluding the contract in a written form and registering its elements in the General Record of Employees. In light of the aforementioned, we aim to identify if the labor inspectors have effective means of identifying the cases of undeclared labor when natural persons are working remotely. Through this paper, in the first section, we discuss the legal background both at the national as well as at the international level, in order to shed light on the concept of undeclared work. The following two sections will be dedicated to analysing if the inspection has any perspective of being an effective mean of identifying the situations of undeclared labor. Finally, several directions of action are contoured – as de lege ferenda proposals – so as to tackle the issue of undeclared work.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Kamal Jamal Alawamleh

Purpose In several recent judgments, the Jordanian Court of Cassation has found that using arbitration to resolve individual labor disputes is null. The aforementioned approach which constituted a departure from the well-established former approach that the same court has followed has been confirmed by the new amendments that the Jordanian Arbitration Act has seen in 2018. In view of this, this study aims to highlight and critically analyze the above-mentioned court’s decisions and the new amendments pertaining to arbitration clauses from a Jordanian Labor Law perspective and the distinct characteristics rooted in it to find out the extent to which applying arbitration in such a context is acceptable or not. Design/methodology/approach To examine how effective are the approaches followed by the Jordanian courts and the legislator in ruling the unacceptability of arbitration clauses in individual labor contracts and to observe to what extent it has been successful in this relation, this work makes use of the secondary data available in this regard as the main method to complete such an examination and this includes the relevant different legislations, court’s decisions and jurisprudence. By critically analyzing and comparing the various data contained in these secondary data sources, this work will identify the problems associated with such approaches and accordingly bring up different recommendations and conclusions. Findings While the current author do largely agree with the conclusions that have been reached recently by the aforementioned courts, it is submitted that these courts and the legislator have not dealt with such a matter in an adequate and comprehensive manner as they should have spilled more ink on this area of law. Furthermore, this work argues that while the principles that necessitate arbitration shall be respected, the distinct characteristics of the labor law warrant a more careful approach than actually followed by the competent authorities. Originality/value Taking into consideration the recent different approaches followed by the Jordanian courts and legislator in ruling the unacceptability of arbitration clauses in individual labor contracts, it would not be a surprise to say that there is no comprehensive and updated scholarly work which has either examined such different approaches or addressed its implications. Accordingly, this work derives its originality and value from being the first and most updated work that examines and addresses such a thorny matter.


2021 ◽  
pp. 139-166
Author(s):  
Jonathan A. Noyalas

The book’s final chapter studies the myriad obstacles the Shenandoah Valley’s African Americans confronted in the years following the Civil War and highlights the ways which they attempted to overcome those impediments and realize freedom’s potential. In addition to examinations of the Freedmen’s Bureau’s role in aiding formerly enslaved individuals to find employment and the challenges those labor contracts presented, this chapter also explores the establishment of freedmen’s schools throughout the Valley. Although former Confederates lashed out violently at students and teachers, this chapter illustrates that African Americans stood firm in the face of adversity and worked hard not only to learn but to increase the number of schools throughout the region. This chapter also analyzes the ways the Valley’s African Americans practiced political activism not only through voting in elections but in attempting to have Judge Richard Parker, the man who presided over John Brown’s trial in the autumn of 1859, removed from the bench. Finally, the chapter surveys Emancipation Day celebrations throughout the Valley and how African Americans used those commemorations of slavery’s annihilation to combat the mythology of the Lost Cause.


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