scholarly journals DIVISION OF ONE EMPLOYMENT CONTRACT BETWEEN TWO EMPLOYERS

2021 ◽  
Vol 19 (1) ◽  
pp. 46-51
Author(s):  
Andrej Poruban ◽  
◽  
Karol Krajčo ◽  
Keyword(s):  
Employment Relationship ◽  
Employment Relations ◽  
Employment Contracts ◽  
Employment Contract ◽  
Employment Relationships ◽  
Legal Obligations ◽  
Part Time ◽  
Economic Relationship ◽  
Personal Performance ◽  
Subjective Rights

The paper deals with the possibility of division of rights and obligations arising from employment contracts for one employee for several employment relationships part-time. The conclusion of the pre-contractual process in employment relations is the conclusion of an employment contract, which establishes an employment relationship. Within it, one undertakes to perform dependent work for pay for the other. It is a socio-economic relationship, because its nature is not only property but also personal, not only in the sense of personal performance of work. By including the employee in the organizational structure of the employer, a close personal bond is established, which activates a whole range of subjective rights and legal obligations of the subjects of employment.

scholarly journals Proper, Weighty and Extremely Weighty Cause to End an Employment Contract in Finland

2018 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Emma-Lotta Mäkeläinen ◽  
Sofia Toivonen ◽  
Tiina Räsänen
Keyword(s):  
Criminal Activity ◽  
Employment Relationship ◽  
Legal Practice ◽  
Employment Contracts ◽  
Employment Contract ◽  
Legal Literature ◽  
Employment Legislation

Employment relationship can be ended in many ways and under different circumstances. This article discusses the rules in Finland regarding the termination of employment contract. It analyses in outline what can be considered as a proper and weighty reason or an extremely weighty reason to end an employment contract. The Finnish Employment Contracts Act demands that there must always be a proper and weighty reason to end the employment contract. If the employer wants to end the employment contract summarily without notice, there must even be an extremely weighty reason to do that. Even though the employment legislation stipulates that there must be a legal ground to end the employment contract, the legislation does not contain any list of the acceptable grounds of termination or cancellation of the employment contract. In the legal practice and legal literature, it has been argued that the proper and weighty reason may be for example the neglect of the work obligations, competing activity and violating of the business secrets, use of intoxicants, criminal activity and inappropriate behaviour and in some cases even illness. However, the grounds for the termination or cancellation of the employment contract cannot be precisely defined because every termination and cancellation of the employment contract is unique.

scholarly journals Ownership of Copyright in Works Created During Employment Relationships

2017 ◽  
Vol 8 (1) ◽  
pp. 186
Author(s):  
Naim Spahiu ◽  
Halim Bajraktari ◽  
Florin Lata
Keyword(s):  
Fine Art ◽  
Third Parties ◽  
Employment Relationship ◽  
Independent Contractor ◽  
Employment Contract ◽  
Employment Relationships ◽  
The Future ◽  
The Right ◽  
Ownership Issue

The copyright in its infancy was provide protection only for the category of works of fine art but challenges followed by creations immediately should be undertaken measures regarding copyright during employment relationship. When authors of creations have seen the benefit of copyrights, they have risen their voice and acted to protect their creation. Therefore, it is very important that employers and employees with employment contract or agreement later make accurate determinations and clearly define their agreement. Law on Copyright in Kosovo almost every provision cited in this article has left open the possibility of defining many issues between parties, such as the expiration of period of rights to the employer, extra compensation etc. In the absence of clear contractual provisions shall apply copyright, and companies, that have invested heavily in a certain work, will lose right after the expiration of 10 years and all contracts that are associated with third parties, other-companies for allowing the use of a work after this deadline will be invalid because a party cannot achieve the right of copyright. This situation could cause many problems in the future for Kosovo companies which do not have much knowledge about the legislation in the field of copyright and do not take precautions to regulate the issue of transfer of rights to their employees. This Article discusses the idea ownership issue in the context of employment and independent contractor relationships. The paper recommends that since copyright is not familiar with the business regarding changing performance, therefore Kosovo laws should adequately support these circumstances of ownership in order for employees to give their best on his career. How employees could be owners of copyright. Which particular articles of Kosovo law on copyright should change?

PERSONAL DATA PROTECTION IN THE EMPLOYMENT CONTRACT

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 331-340
Author(s):  
Tomasz Świętnicki ◽  
Mateusz Jakubik
Keyword(s):  
Data Protection ◽  
Labor Law ◽  
Personal Data ◽  
Employment Relationship ◽  
Ethical Values ◽  
Employment Contract ◽  
Employment Relationships ◽  
Personal Data Protection ◽  
Starting Point

This text is devoted to the protection of personal data in the employment relationship. The starting point for this analysis were the provisions resulting from the Polish Constitution, namely Art. 30. We discussed the conditions of personal data protection in labor law, focusing in particular on Art. 221 of the Labor Code and all related regulations. We have tried to explain what the processing of personal data is, and what are the correlations in employment relationships. In our opinion, the protection of personal data itself is not only the necessity of cooperation between the employee and the employer to the extent specified by law, but also based on ethical values. Hence the employer’s obligation to avoid actions that directly interfere with the employee’s protected personal belongings

THE CONCEPT OF NON-COMPETE PROVISIONS IN EMPLOYMENT RELATIONS

2021 ◽  
pp. 141-150
Author(s):  
Maria A. Andrianova ◽  
◽  
Dmitriy A. Sokolov ◽  
Keyword(s):  
Trade Secret ◽  
Employment Relations ◽  
Employment Contracts ◽  
Restrictive Covenants ◽  
Employment Contract ◽  
Foreign Law ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Russian Law ◽  
Managerial Positions

This article analyzes the regulation of restrictive covenants in employment contracts in foreign and Russian law, as well as the importance of this institution for protection of the interests of employers. In the course of their employment, employees, particularly those in managerial positions, acquire detailed information about the employer's business. Such information can then be used for the benefit of the new employer or the employee themselves in their own business activities. In order to manage this risk at the level of the employment contract, the foreign law has developed the concept of restrictive covenants. This article discusses the pre-conditions of the negative approach which has been developed in the Russian law to the inclusion of such provisions in the employment contract and the effectiveness of instruments used instead of them in practice, in particular trade secret and unfair competition, as well as Article 276 of the Russian Labour Code. The problem of the employer's lack of appropriate measures to protect their interests in the modern labor law of the Russian Federation and the need to supplement domestic legislation with provisions regulating restrictive covenants is raised.

scholarly journals Enhancing Sustainable Employment Relationships: An Empirical Investigation of the Influence of Trust in Employer and Subjective Value in Employment Contract Negotiations

2019 ◽  
Vol 11 (18) ◽  
pp. 4995 ◽  
Author(s):  
Anca-Maria Clipa ◽  
Cătălin-Ioan Clipa ◽  
Magdalena Danileț ◽  
Andreia Gabriela Andrei
Keyword(s):  
Job Satisfaction ◽  
Information Technology ◽  
Positive Influence ◽  
Employment Relationship ◽  
Employment Contract ◽  
Employment Relationships ◽  
Subjective Value ◽  
Sustainable Employment ◽  
Willingness To Use

The article presents the results of an empirical study investigating the relationships between trust in the employer, the subjective value attained in the negotiation of the employment contract, job satisfaction and employee willingness to (re)negotiate in order to maintain long-term employment relationship. The study develops a research model, based on the existing literature, and uses the partial least-squares technique, and data collected from 373 information technology professionals, to test it. The results indicate the positive effect of the employee's trust in the employer on job satisfaction and willingness to (re)negotiate. Furthermore, the subjective value perceived by the employee in the employment contract negotiation has an increased positive influence on both employee satisfaction and employee willingness to use (re)negotiation to overcome potential issues and maintain the employment relationship long term. Overall, the results of the study bring evidence about the importance of trust and the subjective value in attaining sustainable employment relationships, and therefore sustainable human resource management (HRM). The results provide valuable insights for managers committed to the development of their organizations by promoting sustainable employment relationships. The study offers to firms a ready-to-use model for promoting sustainable employment relationships in organizations operating in knowledge-intensive sectors, such as information technology (IT).

scholarly journals The Problem Resolution Framework Under the Employment Relations Act 2000

1970 ◽  
Author(s):  
Andrew Annakin
Keyword(s):  
Problem Solving ◽  
Best Practice ◽  
Employment Relationship ◽  
Employment Relations ◽  
Relationship Problems ◽  
Employment Relationships ◽  
Problem Resolution ◽  
Support Employment ◽  
Judicial Role

The Employment Relations Act 2000 provides options for interventions to support employment relationships and to prevent and solve employment relationship problems. These interventions follow a hierarchy of roles established by the Act, involving the availability of mediation services in all its forms (including best practice information and assistance), the investigative role of the Employment Relations Authority, and the judicial role of the Employment Court. These problem solving processes act as a continuum, with people able to move between the different, but complementary, forms of assistance. This paper discusses those processes in terms of the services that are available, developments in the first two years under the Employment Relations Act, and the challenges ahead.

scholarly journals The Importance of Employment Contract for Umsida Quality Employees Improvement

Rechtsidee ◽  
2015 ◽  
Vol 2 (2) ◽  
pp. 141
Author(s):  
Noor Fatimah Mediawati ◽  
Rifqi Ridlo Phahlevy
Keyword(s):  
Labor Relations ◽  
Employee Performance ◽  
Legal Protection ◽  
Employment Relationship ◽  
Working Relationship ◽  
Employment Contracts ◽  
Employment Contract ◽  
Legal Instrument ◽  
Employment Agreement ◽  
Labor Agreement

The absence of employment contracts in UMSIDA recognized cause some problems. Especially in improving the performance of employees. Issues a little more disturbing harmonious labor relations between employees and UMSIDA. In the terminology of the Labour Act, employment contract terms it is known as the Employment Agreement. Where the existence of labor agreement / contract employment is expected to harmonize the working relationship with the employer in accordance with the applicable rules. The existence of employment contracts is also a legal instrument which according to researchers ought to be put forward in efforts to increase the qualifications and competence of employees. By contract it will also avoid things that are not desirable in an employment relationship, because each party will always carry out their rights and responsibilities are aligned and balanced. Tranquility in the work and the guarantee of legal protection are expected to improve employee performance especially towards quality UMSIDA 2020. So this study explored further the urgency employment contract once its design. How To Cite: Mediawati, N., & Phahlevy, R. (2015). The Importance of Employment Contract for Umsida Quality Employees Improvement. Rechtsidee, 2(2), 141-156. doi:http://dx.doi.org/10.21070/jihr.v2i2.106

Paid Work

Sociology ◽  
2017 ◽  
Author(s):  
Rudi Wielers
Keyword(s):  
Labor Market ◽  
Well Being ◽  
Work Relationships ◽  
Work Hours ◽  
Paid Work ◽  
Employment Relations ◽  
Employment Relationships ◽  
Institutional Differences ◽  
Part Time ◽  
Societal Changes

Ever since the emergence of sociology as a discipline, sociologists have shown an interest in paid work. Marx, Weber, and Durkheim’s interest in societal changes was inspired by the rise of market relations and paid work. The classical sociologists studied the growth and spread of paid work in relation to the development of inequality, rationalization, and social cohesion. Since then, the form and content of employment relationships has changed substantially and keeps on changing. The continued interest of sociologists in these developments has culminated in a well-established field of research. This article explores that field of research in three parts. The first part of the bibliography lists textbooks, reference manuals, journals, and national research traditions. The field shows substantial variety due to the constant development of the labor market and employment relations, and due to institutional differences in the architecture of employment relations. The second part of the article focuses on developments in paid work. The following themes are explored: the growth of paid work relationships, the increase in the number of paid work hours, the major changes in the architecture of employment relationships, the effects of paid work relationships on the well-being of workers, and the development of work values and work-hour preferences. The third part focuses on different labor market positions. This section starts with the standard employment relationship and then moves on to its counterpart: unemployment. It continues with workers in nonstandard positions, such as temporary jobs, part-time jobs, jobs with irregular and long work hours, and self-employed workers.

scholarly journals Features of seafarers employment contracts

2019 ◽  
Vol 9 (11) ◽  
pp. 455-465
Author(s):  
Iryna Pidpala
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Employment Contracts ◽  
Employment Contract ◽  
Legal Literacy ◽  
Labor Legislation ◽  
Employment Agreement ◽  
Subjective Rights ◽  
Compensation Payments

This article has explored the features of the employment contract of seafarers. The parties to this contract are the seafarer and the shipowner, who have their own subjective rights and obligations, which are defined as contracts of tax and labor law in general. Legal regulation of contracts is carried out by both international and labor legislation of the sailor's country. Objective features of seafarers' labor relations necessitate the establishment of special norms regulating working crew members of seagoing vessels, because they perform the labor functions of seafarers, attract grounds for sectoral differentiation of legal regulation of their work. Certainly, seafarers must be very attentive when concluding a contract, pay attention to the minimum list of clauses of the employment agreement, do not sign an incomplete agreement, make sure about the specified wages, compensation payments, and other conditions, show legal literacy.

scholarly journals INDUSTRIAL RELATIONS: COMPARATIVE NON-STANDARD EMPLOYMENT RELATIONSHIP IN NIGERIA AND INDONESIA

AdBispreneur ◽  
2017 ◽  
Vol 2 (1) ◽  
Author(s):  
Devi Melisa Damiri ◽  
Mohammad Benny Alexandri
Keyword(s):  
Human Resources ◽  
Industrial Relations ◽  
Employment Relationship ◽  
Employment Relations ◽  
Employment Relationships ◽  
Nonstandard Employment ◽  
Standard Work ◽  
Contract Employees ◽  
Standard Employment Relationship ◽  
Better Than

ABSTRACTThe research objective is to study and determine the level of non-standard employment relationships in Nigeria and Indonesia. The employment relationship is not as standard as is initial workers, which are contract employees and outsourcing. The nonstandard employment relationship are reinforced by the number of unemployment in Nigeria and Indonesia which are every form of nonstandard employment will offer the challenge but it will tend to have the great of losses.The results of the study found that non-standard employment relationships in Nigeria and Indonesia in general is not different. Most employees are not standard work is in positions which have low skills, without a career path and can harm the development of human resources for both companies or clients. On the other hand, who had a temporary job as an employee or non-standard employee is better than not having a job. Therefore the unemployment rate can be reduced and can significantly increase the country's economic growth.Keywords: Unemployement, nonstandard employment relations, contract employees, outsourcing, country’s economic growth HUBUNGAN INDUSTRIAL:  PERBANDINGAN HUBUNGAN KERJA TIDAK STANDAR DI NEGARA NIGERIA DAN INDONESIA ABSTRAKPenelitian ini bertujuan untuk mempelajari dan menentukan tingkat hubungan kerja tidak standar di Nigeria dan Indonesia. Hubungan kerja tidak standar yang dimaksud sebagai karyawan kontrak dan outsourcing. Hubungan kerja tidak standar diperkuat oleh jumlah pengangguran yang ada di Nigeria dan Indonesia dimana setiap bentuk pekerjaan tidak standar menawarkan tantangan namun akan cenderung memiliki banyak kerugian. Hasil penelitian ditemukan bahwa hubungan kerja tidak standar di Nigeria dan Indonesia pada umumnya tidak berbeda. Sebagian besar karyawan merupakan pekerja tidak standar yang memiliki keterampilan kerja yang rendah, tanpa memiliki jenjang karir dan dapat membahayakan perkembangan sumber daya manusia baik bagi perusahaan maupun klien.  Di sisi lain, memiliki pekerjaan sementara baik sebagai pekerja standar ataupun pekerja tidak standar akan lebih baik daripada tidak memiliki pekerjaan. Dengan demikian tingkat pengangguran dapat dikurangi dan secara signifikan dapat meningkatkan pertumbuhan ekonomi negara.Kata kunci: Pengangguran, hubungan kerja tidak standar, karyawan kontrak, outsourcing,                    pertumbuhan ekonomi negara.

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