scholarly journals Notice to terminate a fixed-term contract of employment

2019 ◽  
Vol 23 ◽  
pp. 253
Author(s):  
Beata Rutkowska
Keyword(s):  
Term Contract ◽  
Contract Of Employment

scholarly journals THE LEGALITY OF THE AUTOMATIC TERMINATION OF CONTRACTS OF EMPLOYMENT

Obiter ◽  
2021 ◽  
Vol 32 (3) ◽  
Author(s):  
Tamara Cohen
Keyword(s):  
Public Sector ◽  
Retirement Age ◽  
Employment Contracts ◽  
Employment Contract ◽  
Labour Relations ◽  
The Public ◽  
Term Contract ◽  
Unfair Dismissal ◽  
Contract Of Employment ◽  
The Impact

The Labour Relations Act (66 of 1995) (LRA) protects employees against unfair dismissal. In terms of section 186(1)(a) dismissal means that “an employer terminated a contract of employment with or without notice”. In order to fall within the ambit of this provision and benefit from the protections afforded by the LRA, an employee must prove that an overt act on the part of the employer has resulted in the termination of the employment contract (Ouwehand v Hout Bay Fishing Industries 2004 25 ILJ 731 (LC)). The onus then shifts to the employer to prove that the dismissal is both substantively and procedurally fair, failing which the employee will be entitled to theremedies afforded by section 193 of the LRA. However, not every termination of an employment contract constitutes a dismissal and a number of scenarios exist where an employment contract terminates lawfully by operation of law. The termination of a fixed-term contract by effluxion of time, termination of the contract due to supervening impossibility of performance and the attainment of a contractually agreed or implied retirement age all give rise to the lawful termination of an employment contract. Similarly the statutory “deemed-dismissal” provisions of application to employees in the public sector provide for the automatic termination of employment contracts in circumstances that the employee is absent without authorisation for a designated period of time. The effect of such automatic termination is that the employment contract terminates by operation of law and not by means of an act of the employer, resulting in the dismissal provisions of the LRA being legitimately circumvented. Labour-broking contracts typically include automatic termination clauses that provide for the automatic termination of employment contracts, between labour-brokers and their employees, when the broker’s client no longer requires the services of such employees. Similarly employers have sought to rely upon grounds of supervening impossibility of performance in order to argue that an employment contract has automatically terminated in the instance of absconding and imprisoned employees. This article will be examining the legality of the automatic termination of employment contracts in these contexts and the impact on employees’ rights to protection against unfair dismissal.

scholarly journals The amendment of the Labour Code

2012 ◽  
Vol 60 (2) ◽  
pp. 511-516
Author(s):  
Jana Mervartová
Keyword(s):  
Civil Code ◽  
The Other ◽  
Trial Period ◽  
Labour Law ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Term Contract ◽  
Monetary Compensation ◽  
Contract Of Employment ◽  
New Jobs

The amendment of the Labour Code, No. 365/2011 Coll., effective as from 1st January 2012, brings some of fundamental changes in labour law. The amendment regulates relation between the Labour Code and the Civil Code; and is also formulates principles of labour law relations newly. The basic period by fixed-term contract of employment is extended and also frequency its conclusion is limited. The length of trial period and the amount of redundancy payment are graduated. An earlier legislative regulation which an employee is temporarily assign to work for different employer has been returned. The number of hours by agreement to perform work is increased. The monetary compensation by competitive clause is reduced. The other changes are realised in part of collective labour law. The authoress of article notifies of the most important changes. She compares new changes of the Labour Code and former legal system and she also evaluates their advantages and disadvantages. The main objective of changes ensures labour law relations to be more flexible. And it should motivate creation of new jobs opening by employers. Amended provisions are aimed to reduction expenses of employers under the reform of the public finances. Also changes are expected in the Labour Code in connection with the further new Civil Code.

Adjusting First-Term Contract Lengths in the Navy: Implications and Recommendations

2013 ◽  
Author(s):  
Jared M. Huff ◽  
Yevgeniya K. Pinelis ◽  
Jennie W. Wenger
Keyword(s):  
Term Contract

Beyond exchange: the new contract of employment

1998 ◽  
Vol 27 (2) ◽  
pp. 79-102 ◽  
Author(s):  
D Brodie
Keyword(s):  
Contract Of Employment

Power trading region considering long-term contract for interconnected power networks

2020 ◽  
Vol 261 ◽  
pp. 114411 ◽  
Author(s):  
Shuo Liu ◽  
Zhifang Yang ◽  
Qing Xia ◽  
Wei Lin ◽  
Lianjun Shi ◽  
...  
Keyword(s):  
Power Networks ◽  
Term Contract ◽  
Power Trading

The World Bank Administrative Tribunal’s External Sources of Law: The Next Chapter (2006–2010) (Part I)

2012 ◽  
Vol 11 (2) ◽  
pp. 199-251 ◽  
Author(s):  
Peter C. Hansen
Keyword(s):  
World Bank ◽  
Administrative Law ◽  
International Treaties ◽  
Quarter Century ◽  
Legal Principles ◽  
The World Bank ◽  
The World ◽  
Contract Of Employment ◽  
External Sources ◽  
National Governments

Abstract The World Bank Administrative Tribunal has begun its second quarter-century with a jurisprudential flowering of extraordinary proportions. Mr. Hansen’s study, which builds on his earlier 25-year retrospective, comprehensively surveys the Tribunal’s numerous doctrinal developments during this time. In this article, which is part one of two, Mr. Hansen revisits two of the four subjects explored in his retrospective: (i) the roles of the contract of employment, Bank rules, international treaties and national laws in the composition of the pactum established between a staff member and the Bank; and (ii) the development of binding custom from the practices of the Bank, other institutions and national governments. The third and fourth subjects, which deal with the Tribunal’s use of general legal principles and precedents drawn from international and domestic tribunals, shall be handled in the forthcoming second part of this study. Extensively footnoted, Mr. Hansen’s study is intended for both academics and practitioners specializing in international administrative law and comparative international jurisprudence.

scholarly journals GOOD FAITH IN FRANCHISE CONTRACT

2020 ◽  
Vol 5 (19) ◽  
pp. 118-127
Author(s):  
Nurli Yaacob ◽  
Nasri Naiimi
Keyword(s):  
Common Law ◽  
Good Faith ◽  
Relational Contracts ◽  
Law System ◽  
Freedom Of Contract ◽  
Term Contract ◽  
The Common ◽  
Definition Of ◽  
The Right

Good faith has been defined as justice, fairness, reasonableness, decency, taking no chances, and so on. The concept of good faith has long been rooted in contract law under the jurisdiction of Civil law, although the definition of it is still debated until today. However, the view of the Common Law tradition does not recognize the concept of good faith as long as the contract is entered into with the freedom of contract and both parties abide by the terms of the contract. Given that a franchise contract involves a long-term contract and always been developed, it is impossible to define both rights and responsibilities base on express terms only. As such, the franchise contract gives the franchisor the right to exercise its discretion in executing the contract. It is in this context that the element of good faith is very important to ensure that the franchisor does not take advantage of the franchisee and that the business continues to prosper. Therefore, the objective of this article is to discuss the concept of good faith in a franchise contract. The findings show that the common law system that initially rejected the application of the concept of good faith also changed its approach and began to recognize the concept of good faith as it is very important for relational contracts such as franchise contracts.

scholarly journals Analisis Penerapan Pengakuan Pendapatan Kontrak Konstruksi Berdasarkan PSAK 34

2019 ◽  
Vol 7 (3) ◽  
pp. 391-396
Author(s):  
Riki Subagja ◽  
Didit Pradipto
Keyword(s):  
Accounting Standards ◽  
Financial Statements ◽  
Revenue Recognition ◽  
Short Term ◽  
Construction Contracts ◽  
Term Contract ◽  
Short Term Contract ◽  
The One ◽  
Construction Services

This study aims to analyze the implementation of contract revenue recognition based on PSAK 34. The problem that is often faced by companies that are particularly engaged in the field of construction services in the recognition of income is the method of revenue recognition what should be used or applied, because there are differences in recognition between the one method with others. Especially if a project is done is more than a year or the so-called Long-term project. In addition, the presentation of financial statements of income recognition in each accounting period must be reported in accordance with generally accepted Accounting Standards (PSAK No. 34 concerning Construction Contracts). There is only one method used or applied that is the percentage completion method. The percentage method recognizes income with two approaches, based on physical progress and cost-to-cost. PT X as a construction service company uses the percentage of completion method with a physical progress approach (Physical progress) in the recognition of his opinion for both long-term contract and short-term contract. The results of this study conclude that the accounting treatment of the application of revenue recognition of construction services by using the percentage of completion method with physical progress approach on PT X is in conformity with the accounting standards set in PSAK No. 34. However, when compared to revenue recognition using the percentage of completion method with a cost-to-cost approach the firm can recognize the revenue and expenses more to illustrate or show a more proportional calculation because it corresponds to the costs incurred or poured out.   Keywords: revenue recognition, expense recognition, PSAK no. 34

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