The Termination of an Employment Contract Initiated by the Employer’s Will

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.

Personal Characteristics Associated with Working After Disability Onset for People with Visual Impairments

Introduction: This study utilized data from the 2014 Survey of Disability and Employment (SDE) to examine personal characteristics that influenced employment after disability onset for people who are visually impaired (i.e., those who are blind or have low vision). Method: The selected sample from the SDE data set included 131 individuals who are visually impaired, had disability onset after age 14 years, and worked before their disability onset. Logistic regression was used to examine working after disability onset associated with age at disability onset, years since disability onset, gender, race, education, receipt of government disability benefits, self-reported health, encouragement received to work, additional disabilities, and the interaction between age at disability onset and years since disability onset. Results: Persons who were female, received government benefits, and had multiple disabilities were less likely to work after disability onset; persons who had more sources of encouragement were more likely to work after disability onset. Age at disability onset interacted with time since disability onset; as age increased, odds of working after disability onset increased but only for persons who had their disability for at least 4 years. Discussion: Persons with newly acquired disabilities may need time to adjust to their disability and learn new skills that allow them to continue employment. Information about how employment may influence receipt of government benefits would be helpful to persons evaluating their options regarding continuing employment. Implications for practitioners: A person who has not worked after recent disability onset may be adjusting to life with a disability and may return to work in the future. Encouragement to work from both service providers and family members made a meaningful difference in employment retention after disability onset, and this is an area that vocational rehabilitation professionals can influence.

PENGAMBILALIHAN DAN PENUTUPAN PERUSAHAAN YANG BERDAMPAK PADA PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN

<p align="center"><strong>ABSTRAK</strong></p><p><strong> </strong></p><p>Perusahaan pada hakikatnya dibentuk untuk mencari keuntungan dan atau laba yang sebesar-besarnya, namun dalam aktivitasnya tersebut tidak dapat dihindari pula terjadinya kerugian pada perusahaan sehingga demi menjaga stabilitas perekonomian perusahaannya, pengusaha melakukan kegiatan pengambilalihan, maupun penutupan perusahaan. Adapun beberapa hal yang menjadi rumusan-rumusan masalah yaitu bagaimana perlindungan hukum terhadap buruh / pekerja ketika terjadi Perselisihan Pemutusan Hubungan Kerja (PHK) akibat pengambilalihan maupun penutupan perusahaan? dan bagaimana permasalahan dan model Penyelesaian Perselisihan Pemutusan Hubungan Kerja antara pekerja dan pengusaha akibat tindakan pengambilalihan maupun penutupan perusahaan?. Ada dua bentuk perlundungan hukum terhadap buruh / pekerja ketika terjadi Perselisihan Pemutusan Hubungan Kerja (PHK) akibat pengambilalihan maupun penutupan perusahaan, yaitu perlindungan hukum bagi pekerja / buruh atas pengusaha yang tidak bersedia melanjutkan hubungan kerja dan perlindungan hukum bagi pekerja / buruh yang tidak bersedia melanjutkan hubungan kerja. Upaya hukum yang dapat ditempuh pekerja untuk menyelesaikan perselisihan pemutusan hubungan kerja tersebut dapat melalui jalur Penyelesaian Perselisihan Pemutusan Hubungan Kerja di luar Pengadilan Hubungan Industrial (<em>non</em> <em>litigasi</em>) ini dapat dilakukan dengan penyelesaian melalui bipartit, konsiliasi Arbitrase, mediasi. Dan Penyelesaian Perselisihan Pemutusan Hubungan Kerja melalui Pengadilan Hubungan Industrial.</p><p align="center"><strong><em>ABSTRACT</em></strong></p><p><em>The company is essentially formed to seek benefit and/or profits as much as possible, but in its activities, it cannot be avoided also the loss of the company so that in order to maintain the stability of the company's </em><em>economy, entrepreneurs make takeover activities, as well as the closure of the company. As for some matters, the formulation of the problem is how to protect the law against the workers/labors when there is a Dispute Termination of Employment (PHK) due to the takeover or closure of the company? And how are the problems and models of the Settlement of Employment Dispute Settlements between workers and employers due to takeover or closure of the company? There are two forms of legal protection to the worker/labor in the Employment Termination (PHK) resulting from the takeover or closure of the company, namely legal protection for workers/laborers against the employer who are unwilling to continue employment and legal protection for workers who are unwilling to continue work relationship. Legal remedies by which the employee may resolve the termination disputes may pass through the Termination Dispute Settlement outside the Industrial Relations Court (non litigation) may be made by settlement through bipartite, arbitration conciliation, mediation. And Termination Dispute Settlement is through Industrial Relations Court.</em></p>

EMPLOYMENT TERMINATION ISSUES WITH AN EMPLOYEE WHO IS A MEMBER OF THE TRADE UNION

The aim of the article is to state the main problems concerning employment termination with an employee who is a member of the trade union, and to work out the proposals on solutions of the problematic questions.Problems of termination of issues with and employee who is a member of the trade union are considered in the article. 110 clause the 1 part of the Labour Law determines that an Employer is prohibited to terminate Employment Contract with an Employee who is a member of the trade union if there is no preliminary agreement with a certain trade union. But 101 clause 6 part of the Labour Law determines that an Employer before termination of an Employment Contract has to clarify if an Employee is a member of the trade union. Therefore an Employer needs to ask the trade union for permission to terminate labour relationships with an Employee who is a member of the trade union.101 clause 7 paragraph determines, that an Employer has the right to terminate labour relationship with an Employee, when an Employee is not able to continue employment because of the state of health, and there is a certain medical statement. In this case, before termination of the Employment Contract an Employer has to ask the trade union for permission, but the trade union in this case is not competent enough, because the medical statement was issued by an authorized person. The Trade Union Law came into force in 2014, this Law does not consider the case that trade unions should be united according to the branches, occupations and other principles, that is why in reality Employees could participate in several trade unions or in one, which does not specialize in a certain branch or occupation. The problems also occur in the situations, when an Employee learns that an Employer wishes to terminate Employment Contract. In these situations Employee is looking for possible actions, in order to defence himself and joins the trade union, and becomes its member, and stays there till the problems are solved.

Factors influencing intention to continue employment in Japanese hospital nurses working at tertiary emergency medical facilities

Objective: The study purpose was to investigate influencing factors related to nurses’ intention to continue employment in tertiary emergency medical facilities.Methods: A self-report questionnaire survey was conducted, and responses were collected by mail. We investigated seven factors associated with the intention to remain employed that were determined by preliminary research. Data were analyzed using a covariance structure analysis.Results: Of the 561 responses received, 461 were found to be valid for analysis. A model showing relationships among the five factors (organizational commitment, job stress, job satisfaction, nurse-physician collaboration, and intention to remain employed) was created. Organizational commitment and job stress were directly related to intention to continue employment, while, nurse-physician collaboration demonstrated effects on the entire model.Conclusions: The strongest factor observed was organizational commitment. The types of institutions examined in the present study almost exclusively treat seriously ill patients. This may explain why nurse-physician collaboration affected the entire model. In a tertiary emergency facility, a nurse can more easily play a critical role in the healthcare process. In the future, it will be important to consider these factors when creating an organizational climate conducive to continued employment.