scholarly journals UNRAVELLING THE TRIANGLE: CLARIFYING THE EMPLOYMENT STATUS WITHIN OUTSOURCING TRIANGULAR EMPLOYMENT RELATIONSHIPS IN KENYA

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Melissa Muindi ◽  
Elizabeth Muli ◽  
Njaramba Gichuki
Keyword(s):  
Employment Status ◽  
Legal Framework ◽  
Unique Contribution ◽  
Journal Articles ◽  
Employment Relationships ◽  
The Third ◽  
Authority Figures ◽  
The Law ◽  
The Relationship ◽  
Desk Research

Purpose: This paper aimed at unravelling the triangle by assessing the employment status of outsourced workers within outsourcing triangular employment relationships (TERs) in Kenya.  Methodology: The study adopted desk research in which data was collected from relevant books, journal articles, government reports, legal commentaries, periodicals, relevant statutes, treaties and conventions on the current Kenyan legal framework and its underlying assumptions that pose challenges to outsourced workers. This paper is divided into three main sections. The first discussed the attribution of employment status under Kenya’s labour laws. Due regard was given to the statutory definitions and key judicial tests. The second part focused on the employment status of outsourced workers in outsourcing TERs. Though outsourced workers relate with two authority figures, namely the outsourcing company and the client enterprise, the law classifies the outsourcing company as the outsourced workers’ employer. The law does not define the relationship between the client enterprise and the outsourced workers which poses unique challenges to the workers. These are compounded when outsourcing TERs arise from the conversion of employees to outsourced workers. The third part identified measures to clarify employment status within outsourcing TERs. The paper underscores the importance of clarifying the employment status within outsourcing TERs. Findings: It was found that current law on employment status envisages standard employment relationships (SERs) but does not adequately cater for outsourcing TERs. It classifies the outsourcing company as the outsourced workers’ employer, and does not factor in that the client enterprise usually exercises day-to-day control over their outsourced workers’ activities. It was found that this poses unique challenges when there is transfer of employment from SERs to outsourcing, which may lead to employee misclassification. Unique Contribution to Theory, Practice and Policy: Adopting joint employee status in Kenya’s legal framework would enable placing some employer obligations on the client enterprise, even though it does not formally attach employer status on it. In addition, the express prohibition of sham arrangements and the limitation of outsourcing arrangements to non-core business activities would curb the use of outsourcing TERs to evade employment responsibilities through employee misclassification.

scholarly journals Fulfilment of righteousness: Historical and ontological perspective of Matthew 3:15

2014 ◽  
Vol 48 (1) ◽  
Author(s):  
Paul R. McCuistion ◽  
Colin Warner ◽  
Francois P. Viljoen
Keyword(s):  
Historical Event ◽  
Christian Tradition ◽  
Church Fathers ◽  
The Third ◽  
Hebrew Scriptures ◽  
The Law ◽  
Relationship Of ◽  
The Relationship ◽  
The Church

This article maintained that the historicity of Jesus’ baptism was intended to flesh out the righteousness of God that was well-documented in the Hebrew Scriptures. Furthermore, the historical event initiated the ontological emphasis on the relationship of baptism to righteousness. To support this proposal, this article focused on Matthew’s fulfilment statement in Matthew 3:15. Looking specifically at this verse within its context, the article examines what Matthew may have intended for his community to grasp regarding the Christian tradition of righteousness. The article is divided into four sections that are intended to examine Matthew’s intentions. Firstly, the immediate context is examined, showing the influences and setting for the fulfilment statement. The following section explores the fulfilment statement within this context. The third section uncovers some of the theological traditions in Paul and the church fathers. Finally, the baptismal statement of Matthew 3:15 will be tied directly to the relationship of the law and righteousness in Matthew’s ἦλθον statement of Matthew 5:17. Hierdie artikel betoog dat die historiese waarheid van Jesus se doop bedoel was om die geregtigheid van God, wat volledig uiteengesit is in die Hebreeuse Bybel, te versterk. Verder het die historiese gebeurtenis die ontologiese klem op die verhouding van die doop tot geregtigheid geïnisieer. Om hierdie voorstel te ondersteun, fokus hierdie artikel op Matteus se verklaring van verwesenliking (Mat 3:15). Deur spesifiek na hierdie vers binne sy konteks te kyk, ondersoek die artikel wat Matteus moontlik beplan het sodat sy gemeenskap die Christelike tradisie van geregtigheid kon begryp. Die artikel is in vier afdelings verdeel om sodoende Matteus se bedoelings te ondersoek. Eerstens word die onmiddellike konteks ondersoek wat die invloede en agtergrond van die verklaring van die verwesenliking uitwys. In die volgende afdeling word die verklaring van die verwesenliking in hierdie konteks verken. In die derde afdeling word ’n paar van die teologiese tradisies van Paulus en die kerkvaders aan die lig gebring. Ten slotte is die doopverklaring van Matteus 3:15 regstreeks aan die verhouding van reg en geregtigheid in Mattheus se ἦλθον verklaring van Matteus 5:17 gekoppel.

X. Gesetzesbruch als Prinzip. Entwicklungslinien des weltanschaulichen Radikalismus in der Führerdiktatur

2015 ◽  
Vol 132 (1) ◽  
pp. 420-440
Author(s):  
Anselm Doering-Manteuffel
Keyword(s):  
World War I ◽  
Constitutional Law ◽  
Third Reich ◽  
World War ◽  
Legal Professionals ◽  
The Third ◽  
Legal Thought ◽  
The Law ◽  
The Third Reich ◽  
The Relationship

Breaking the Law as a Norm: Contours of Ideological Radicalism within the Nazi Dictatorship. This article analyzes the relationship between Nazi legal experts’ efforts to create a canon of constitutional law for the Third Reich and the ideological radicalism characteristic of Hitler and the SS-state. The attempts of legal professionals to establish “völkisch” constitutional law emerged out of the staunch anti-liberalism that had spread throughout Germany since the end of World War I. However, this “völkisch” constitutional law bore no resemblance to rational European legal thought. It not only proved to be ineffective for this reason, but also because the ideological radicalism that reigned supreme in the Third Reich sought to break the law and let lawlessness rule.

Mutuality of Obligation and the Social Wage

2020 ◽  
pp. 232-254
Author(s):  
Zoe Adams
Keyword(s):  
Employment Status ◽  
Case Law ◽  
Social Practices ◽  
Labour Law ◽  
The Third ◽  
The Social ◽  
Social Wage ◽  
The Relationship ◽  
Over Time

This chapter draws on the analysis in the previous chapters to illustrate how the courts’ conception of the relationship between law and social practices influences approaches to employment status and, relatedly, the effectiveness of labour law when it comes to securing or coordinating the provision of a ‘social wage’. It does this through the lens of the concept of ‘mutuality of obligation’. The first section explores the concept of ‘mutuality of obligation’ as it is conceived today. The second section then traces the development of this concept over time. The third section concludes with some observations about how the conception of law’s ontology we find implicit in the case law relates to the so-called ‘crisis’ we see today in labour law’s personal scope.

The Law and Political Objectives of the European Neighbourhood Policy in the East: A Difficult Marriage or Singing in Unison?

2013 ◽  
Vol 15 ◽  
pp. 619-641
Author(s):  
Nariné Ghazaryan
Keyword(s):  
Legal Framework ◽  
Legal Aspects ◽  
The Political ◽  
Second Phase ◽  
European Neighbourhood Policy ◽  
South Caucasus ◽  
Eu Foreign Policy ◽  
Third Phase ◽  
The Law ◽  
The Relationship

Abstract The European Neighbourhood Policy (ENP) is inherently political in nature. The rationalistic considerations underpinning its launch and subsequent elaboration have necessarily influenced the choice of the legal framework. At the same time, the rules regulating the conduct of EU foreign policy had a reciprocal impact on policy choices made. The legislative and political developments following the ratification of the Lisbon Treaty and the regional split in the policy arguably injected new dynamics into the interaction between the political and legal aspects of the ENP. The chapter traces the relationship between the political objectives and the legal framework of the ENP through three phases of its existence, with a focus on the eastern neighbourhood, comprising Belarus, Ukraine, Moldova and the South Caucasus, as the addressee of the exclusionary rationale of the policy. First, the formulation and the elaboration of the initiative is revisited as the first phase of the existence of the policy. The second phase concerns the ‘Eastern Partnership’ initiative established as a result of the regional split within the policy. The third phase refers to the law and political objectives of the ENP as translated into Article 8 TEU.

After Bristol: the healthcare of young children and the law

Legal Studies ◽  
2003 ◽  
Vol 23 (2) ◽  
pp. 229-250
Author(s):  
Jo Bridgeman
Keyword(s):  
Cardiac Surgery ◽  
Healthcare Professional ◽  
Young Children ◽  
Legal Framework ◽  
Royal Infirmary ◽  
Central Importance ◽  
Distinct Individual ◽  
The Law ◽  
The Relationship ◽  
New Framework

This paper considers the written statements provided to the Bristol Inquiry by parents whose children underwent cardiac surgery at the Bristol Royal Infirmary between 1984 and 1995, seeking to learn from their experiences, opinions, feelings and expectations. The law regulating the relationship between healthcare professional, parent and child is considered in light of these accounts. The limitations of the existing law are such that a new legal framework is required which fosters the relationship between healthcare professional, parent and child, supporting them in the shared endeavour of caring for the child. Of central importance within this new framework would be recognition of each child as a distinct individual and of the expertise which parents can contribute to the care of their child.

scholarly journals Gondolatok és javaslatok a román Polgári törvénykönyv magyar fordításához

2021 ◽  
Vol 4 (2) ◽  
pp. 41-64
Author(s):  
Tamás Nótári ◽  
Előd Pál
Keyword(s):  
Family Law ◽  
Civil Code ◽  
The Other ◽  
Legal Capacity ◽  
Legal Personality ◽  
The Third ◽  
The Law ◽  
Legal Fact ◽  
Personal Law ◽  
The Relationship

In this paper, we wish to make a few comments on the third edition of the hungarian translation of the Romanian Civil Code, without claiming to be exhaustive. Our translation suggestions concern certain provisions of personal (and family) law, law of property and law of obligations. We will expand on the concepts of legal personality, legal capacity and capacity to act in the personal law section, the concepts of property and assets in the law of property section, and the relationship between the concepts of legal fact and deed in the law of obligations section, and then make translation and correction suggestions for all the other articles in the books mentioned.

Surveillance Regulation in Mexico City - Cameras and Urban Segregation

2013 ◽  
Vol 2 (4) ◽  
pp. 27-41
Author(s):  
Nelson Arteaga Botello
Keyword(s):  
Mexico City ◽  
Legal Framework ◽  
City Government ◽  
Surveillance Systems ◽  
Illegal Behavior ◽  
Use Of Technology ◽  
Surveillance Cameras ◽  
The Law ◽  
The Relationship ◽  
The City

This article analyzes the law regulating the use of technology for public security in Mexico City and its relevance for urban e-planning. The law establishes a legal framework for the installation of video surveillance systems and equipment, in particular surveillance cameras, with the goal of preventing, inhibiting and combating illegal behavior, as well as guaranteeing order and tranquility of the population. This article explores the relationship between some aspects about video cameras, law, media and urban social control in Mexico City. The idea is to show how the law governing the installation and use of surveillance cameras in the city defines security and safety within a large urban renewal project, while opening the possibility of legitimizing a particular type of city government.

The Nature of Legal Philosophy

2021 ◽  
pp. 7-17
Author(s):  
Robert Alexy
Keyword(s):  
Real World ◽  
Legal Philosophy ◽  
The Real ◽  
The Third ◽  
Normative System ◽  
Law And Morality ◽  
Systematic Reflection ◽  
The Law ◽  
The Relationship

Philosophy is general and systematic reflection about what there is, what ought to be done or is good, and how knowledge about both is possible. Legal philosophy raises these questions with respect to the law. In so doing, legal philosophy is engaged in reasoning about the nature of law. The arguments addressed to the question of the nature of law revolve around three problems. The first problem addresses the question: in what kinds of entities does the law consist, and how are these entities connected such that they form the overarching entity we call ‘law’? The answer is that law consists of norms as meaning contents which form a normative system. The second problem addresses the question of how norms as meaning contents are connected with the real world. The third problem addresses the correctness or legitimacy of law, and, by this, the relationship between law and morality.

A Bankers’ Bank

2020 ◽  
pp. 85-107
Author(s):  
Einar Lie
Keyword(s):  
Monetary Union ◽  
Legal Framework ◽  
Central Banks ◽  
International Context ◽  
The Third ◽  
The Law ◽  
The Government

This chapter details the Storting’s passing of a new law in 1892 which superseded all former laws pertaining to Norges Bank. As with the bank’s foundations of 1816, the 1892 act reflected its era and responded to the perceptions and needs of that period. The new law facilitated the transformation of the regionalized bank of issue into an institution more closely resembling central banks elsewhere. Discussions on the legal framework were thus held with varying intensity from the 1870s and onwards. Three conditions in particular influenced the process and the final character of the law. The first was the international context the law itself was a part of. The second condition was the integration and centralization process already underway in Norway. The third significant condition was the conflict between the government authorities that framed Norway’s entry into the Scandinavian Monetary Union.

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