scholarly journals Legal Regulation of Collective Bargaining in the Ontario Public Sector

2005 ◽  
Vol 29 (4) ◽  
pp. 776-785
Author(s):  
D. D. Carter
Keyword(s):  
Public Sector ◽  
Collective Bargaining ◽  
Labor Force ◽  
Legal Regulation ◽  
Political Activities ◽  
Legal Structure

In this paper, the author describes the major features of the legal structure for collective bargaining in the Ontario public sector. The emphasis is mostly placed upon the Crown Employees Collective Bargaining Act which applies to a sub-stantial portion of the Ontario public sector labor force. The basic issues dealt with include : disputes settlement, scope of bargaining, determination of bargaining units, representation elections and political activities.

Collective conflict in the public sector in France

2002 ◽  
Vol 8 (4) ◽  
pp. 688-700
Author(s):  
Marie-Armelle Souriac
Keyword(s):  
Public Sector ◽  
Collective Action ◽  
Collective Bargaining ◽  
Legal Regulation ◽  
Public Enterprises ◽  
Roles And Responsibilities ◽  
The Public ◽  
The Future ◽  
The Government ◽  
The Right

The right to strike has been recognised in France, even as a right guaranteed by the Constitution, since 1946. Strikes in the public sector are subject to specific legal regulation, including requirements for minimum notice periods and, in some circumstances, minimum service requirements. This contribution examines these special legal features of public-sector strikes. It is necessary to clarify the respective roles and responsibilities of the management of public enterprises (or administrative authorities) and the government. The article also considers alternative (and new) forms of collective action and agreements. In the future there may well be even greater scope for the regulation of strikes to be covered by collective bargaining.

EVALUASI KESESUAIAN PELAKSANAAN PROBITY AUDIT PADA BPKP PUSAT DENGAN PEDOMAN PROBITY AUDIT PENGADAAN BARANG/JASA PEMERINTAH

INFO ARTHA ◽  
2017 ◽  
Vol 1 (1) ◽  
pp. 17-34
Author(s):  
Fadlil Usman
Keyword(s):  
Public Sector ◽  
Real Time ◽  
Procurement Process ◽  
Assessment Activity

Probity audit is an independence assessment activity to ensure the goods/services procurement processes have been implemented consistently appropriate with the principle of upholding integrity, uprightness, honesty and fulfill certain occur legislation aimed for improving the accountability for the use of public sector fund. Probity audit is done in real time simultaneously with the goods/services procurement process. This study aims to evaluate the suitability of the implementation of probity audit conducted by BPKP Headquarter as agency that initiated the implementation of probity audit in Indonesia compared with the Probity audit Guidelines for Procurement of Goods/Services as criteria. The results of this study indicate that the implementation of probity audit conducted by BPKP Headquarter has been implemented adequately, but there are activities that do not fit the criteria, especially in the activities of the determination of the scope of the audit, the preparation of working papers and the follow-up monitoring of the audit results. Probity audit merupakan kegiatan penilaian (independen) untuk memastikan bahwa proses pengadaan barang/jasa telah dilaksanakan secara konsisten sesuai dengan prinsip penegakan integritas, kebenaran, kejujuran dan memenuhi ketentuan perundangan yang berlaku yang bertujuan meningkatkan akuntabilitas penggunaan dana sektor publik. Probity audit dilakukan secara real time yaitu bersamaan dengan pelaksanaan pengadaan barang/jasa. Penelitian ini bertujuan untuk melakukan evaluasi kesesuaian pelaksanaan probity audit yang dilakukan oleh BPKP Pusat selaku instansi yang menginisiasi pelaksanaan probity audit di Indonesia dibandingkan dengan kriteria berupa Pedoman Probity audit Pengadaan Barang/Jasa Pemerintah. Hasil dari penelitian ini menunjukkan bahwa pelaksanaan probity audit yang dilakukan oleh BPKP Pusat sudah dilaksanakan secara memadai, namun masih terdapat hal yang belum sesuai dengan kriteria terutama dalam kegiatan penentuan ruang lingkup audit, penyusunan kertas kerja dan pemantauan terhadap tindak lanjut hasil audit.

Organizer of Scientific Activity as a Subject of Intellectual Rights

2020 ◽  
pp. 42-53
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Research Teams ◽  
Legal Structure ◽  
The Status ◽  
Scientific Results ◽  
Exclusive Right ◽  
Academic Search ◽  
Scientific Team

The author analyzes the legal status of the organizers of artistic creation, enshrined in the Russian legislation de lege lata, and develops the legal status of the organizer of scientific activities de lege ferenda. It is proposed to consider the organizer of scientific activity as only the head of the temporary scientific team, the purpose of which is to solve a specific scientific problem. A set of elements of the legal structure is formulated, which may be fixed in a normative manner in order to ensure uniformity of legal regulation of the activities of temporary research teams. The status of the organizer of scientific activity is determined on the base of his organizational efforts to guide the creative activities of the team (a distinction is made between the creative and organizational contribution of the head of the scientific team to the overall result). Various options for modeling the legal status of the organizer of scientific activities are discussed: inclusion of the organizer among the co-authors the scientific results obtained by the team; inclusion of the organizer among the co-authors in case if he / she has a creative idea (topic) of academic search; granting the organizer related intellectual rights to the entire result obtained by the team. It is presumed that the organizer of scientific activity is the author of the idea of scientific search for solving the task set for the temporary team. It is concluded that the organizer of scientific activity (the head of the temporary scientific team) must be endowed with related intellectual rights: 1) the exclusive right to use the scientific result obtained by the team as a whole, and 2) the personal non-property right to indicate his name in any use of this result. The author substantiates the content, non-turnover and special validity period of the exclusive right of the organizer of scientific activity.

Getting it Right: Empirical Evidence and Policy Implications from Research on Public-Sector Unionism and Collective Bargaining

2011 ◽  
Author(s):  
David Lewin ◽  
Thomas A. Kochan ◽  
Joel Cutcher-Gershenfeld ◽  
Teresa Ghilarducci ◽  
Harry C. C. Katz ◽  
...  
Keyword(s):  
Public Sector ◽  
Collective Bargaining ◽  
Empirical Evidence ◽  
Policy Implications ◽  
Public Sector Unionism

scholarly journals Unions and Productivity in the Public Sector: A Study of Municipal Libraries

ILR Review ◽  
1983 ◽  
Vol 36 (2) ◽  
pp. 199-213 ◽  
Author(s):  
Ronald G. Ehrenberg ◽  
Daniel R. Sherman ◽  
Joshua L. Schwarz
Keyword(s):  
Public Sector ◽  
Collective Bargaining ◽  
Empirical Analysis ◽  
Cross Section ◽  
Cross Section Data ◽  
The Public ◽  
Section Data ◽  
The Empirical Analysis

This paper develops and illustrates the use of two methodologies to analyze the effect of unions on productivity in the public sector. Although the methodologies are applicable to a wide variety of public sector functions, the focus of the paper is on municipal libraries because of the availability of relevant data. The empirical analysis, which uses 1977 cross-section data on 260 libraries, suggests that collective bargaining coverage has not significantly affected productivity in municipal libraries.

DIRECTIONS OF IMPROVEMENT OF LEGAL REGULATION OF SURROGATE MOTHERHOOD IN UKRAINE

2018 ◽  
Author(s):  
Inesa Shumilo ◽  
◽  
Mirra Blyzniuk ◽  
Keyword(s):  
Legal Regulation ◽  
Birth Certificates ◽  
Surrogate Motherhood ◽  
New Born ◽  
Domestic Relations ◽  
National Courts ◽  
Born Child ◽  
Legal Fact

The article is devoted complex research of problem of defence of rights for children, bear as a result of application of auxiliary genesial technology – substitute maternity. In research the basic conceptual going is described near determination of origin of bear by a substitute a mother child, the problem of absence of the legislative adjusting of legal status of embryo of man is set, conceived in-vitro and the ways of its decision are offered. Attention is accented on the ambiguousness of the legal adjusting of the phenomenon of substitute maternity in the world. In research the possible risks of unhonesty of medical establishments which give services in auxiliary genesial technologies, and consequences of errors of doctors-reproduktologists, are analysed as subsequent limitation of rights for a child by a foreign country on the example of case of «Paradizo and Kampanelli v. Italy». Pointlessness of the legislative fixing of term, during which a substitute mother must give a consent to registration of persons the parents of child, is set, taking into account possible manipulations from the side of substitute mother and potential loss by the new-born child of parents in the case of death of substitute mother to signing of the proper consent. In research the role of the Ukrainian national courts is analysed in establishment of legal fact of domestic relations between parents and new-born child for confession of state power of birth certificates, given out the Ukrainian organs of state civil registration foreign organs. Concentrated attention on absence of permanent practice of national courts in relation to determination of type of judicial realization as in certain cases a court specifies on the substitution of concepts «establishment of legal fact of domestic relations» and «confession of paternity declarants». As a result of research a conclusion is done about the necessity of development of international convention, which will fasten the standards of defence of rights for children, bear as a result of application of auxiliary genesial technologies, and also outlined tasks which appear before a national legislator and Ukrainian courts, to provide the high-quality legal adjusting of substitute maternity, taking into account rights for a child above all things.

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

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