Employment Contract Research Articles

Peculiarities of the use of home and remote forms of labor during the legal regime of martial law

The article is devoted to the definition and characteristics of the peculiarities of the use of home and remote forms of labor during the legal regime of martial law. Each of them provides a number of significant advantages that are of great value in modern conditions and really contribute to the satisfaction of the urgent economic interests of society. The implementation of such forms on a large scale will have a positive effect on the economic security component. The importance of maximum use of the potential of labor legislation in matters of population employment is emphasized. Emphasis is placed on the need to find a balance between the physical ability to perform work functions and avoiding most of the consequences of a full-scale invasion. Based on this, attention has been focused on the need to actively use home and remote forms of activity in view of the economic exhaustion of the country and the need to satisfy the personal needs of citizens, including the maintenance of close relatives, family members and other persons. Considered, analyzed and compared home-based and remote forms of labor through the prism of national legislation. Attention is focused on their
 key aspects (place of work, wages, rest time, scope of labor rights of employees, belonging to equipment, materials or other resources necessary for the performance of the relevant activity, etc.). The legislation regulating the use of home and remote forms of labor activity during the legal regime of martial law is analyzed. The advantages and disadvantages of the remote form of work organization are highlighted. It was concluded that the peculiarities of home and remote work mainly relate to the place of work, the term and form of the employment contract, as well as the distribution of working time. There was also a transformation of the legal regulation of working hours and rest of employees, including changes in the establishment of the starting and ending hours of work, an increase in the duration of working hours.

Exploitation copyrights for a work created by an employee: trends, shortcomings and advantages of legal regulation

The problems of legal protection of rights to works created by employees in connection with the performance of an employment contract are related to the definition of their legal regime and subjects of exploitation rights. The relevance of the study of these issues is due to the prevalence of legal conflicts between the author - employee and employer; the lack of an established practice of concluding agreements on the distribution of exploitation rights to a work between these entities; inconsistency of legislative provisions and repeated changes in legal regulation. When conducting a scientific study, the tasks were to analyze the process of transformation of the legal regime of works created by an employee under the legislation of Ukraine, to determine the advantages and disadvantages of legal regulation, to study the experience of regulating similar relations in European countries. The purpose of the work is reflected in the formulated conclusions regarding the optimal model of regulation of these relations in the context of balanced protection of the rights of their subjects. The study of the outlined relationships was carried out using a number of scientific methods, in particular, dialectical, formal-logical, analysis and synthesis, system-structural, formal-legal, comparative-legal, logical-legal, method of interpreting legal norms, prognostic, method of legal modeling, logical and legal method. Studying the issues of practical application of the provisions of the legislation, judicial protection of the relevant rights, analysis of the positions of scientists and practitioners made it possible to draw a conclusion about the ineffectiveness of the model of regulation of joint copyrights of the employer and the employee. The current state of the studied relations, the experience of their regulation in European countries, the need to harmonize the law of Ukraine with the law of European countries prove the expediency of providing exploitation copyrights for works to the employer, as well as the possibility of including the copyright fee in the employee's salary. At any stage of the relationship, the employee and the employer retain the legal opportunity to enter into an agreement on the legal regime of works, the legal fate of exploitation rights to them, payment of royalties for the performance of certain tasks, etc. In order to eliminate conflicts between legal norms, in accordance with the established principles of copyright, amendments to the legislative provisions are proposed. In particular, it is proposed to provide for the emergence (rather than the transfer) of exploitation copyrights from the employer, as the primary subject, from the moment of creation of the work. The need to exclude from the law the norm on the employer's right to instruct other employees to complete, supplement and change works without the consent of their author is substantiated, since such actions can violate the author's moral right and harm his creative reputation. 

On the Issue of the Sectoral Nature of the Employment Contract (In Memory of Professor V.M. Lebedev)

The relevance of the study is due to the need to implement independent legal regulation of social and labor relations by the norms of labor law, taking into account the modern paradigm of labor law, in particular the features of the technological process in specific organizations. The independence of the employment contract and labor law is affirmed. It is noted that the inclusion of an employment contract among civil contracts does not contribute to the development of industrial relations and does not correspond to the rights and interests of workers. It is noted that the regulation of labor relations by sources of civil legislation cannot take into account either the specifics of the activities of certain organizations, or the rights and interests of individual workers. It is concluded that the employment contract can be considered a unique source of labor law, since it is valid only in the relationship between the employee and the employer. It is noted that the relationship between an employee and an employer is not a relationship between two legally equal entities, the obligation of one of which is the obligation to make efforts (the obligation to work, following the instructions of the employer), and the obligation of the second is to pay money for the efforts made. This is not a private law relationship. It involves the power and subordination that characterize public relations. It is indicated that labor legislation does not properly regulate issues of the conditions for the validity of labor transactions and the legal consequences of their invalidity. Attention is drawn to the fact that the discussion itself about the sectoral affiliation of the employment contract should, first of all, have practical significance. It is argued that the need for subsidiary application of civil law to labor relations does not determine the absorption of labor law by civil law. This only presents the mechanism of “legal economy” that the legislator uses.

Legal regulation of relations connected to service in the Security Service of Ukraine

The article examines the current state of legal regulation of service relations in the Security Service of Ukraine. Scientific positions of scholars on the social nature of service in law enforcement agencies and the degree of influence of labour and administrative law on service relations in them have been studied.
 The article defines the branch of law to which the relations of service in the Security Service of Ukraine belong. It has been substantiated that the labour law includes labour relations of servicemen and employees who have entered into an employment contract with the Security Service of Ukraine. The scope of administrative law includes relations related to the service of conscripts in the Security Service of Ukraine.
 Proposals for improving the legal regulation of labour and service relations in the Security Service of Ukraine have been developed. The author proves the expediency of establishing a clear procedure for legal regulation of labour and service relations of different categories of SSU personnel. It is proposed in the Law of Ukraine “On the Security Service of Ukraine”: 1) to supplement Chapter III with an article entitled: “Legal regulation of relations related to service by conscripts” and the following content: “Service by conscripts in the Security Service of Ukraine is carried out under the conditions and in procedures established by legislation for conscript servicemen of the Armed Forces of Ukraine, with features provided for by legislation for the Security Service of Ukraine”; 2) to state the name of the article 21 as follows: “Legal regulation of labour relations of employees who have concluded an employment contract with the Security Service of Ukraine” and the content in the following wording: “Labor relations of employees who have concluded a labor contract with the Security Service of Ukraine are regulated by the legislation of Ukraine on labour with the features provided by the legislation for the Security Service of Ukraine”; 3) to supplement with a section entitled: “Service by military service employees”, which provides for regulations regarding the regulation of all the main aspects of their service.

The Urgency of Health Insurance Systems as Safety Education Efforts for Informal Sector Workers in Garage

The informal sector needs to be officially registered or officially recognized by the government and often involves unstable work and lack of access to social security, including occupational health insurance. In the informal sector, work is usually done without formal employment contracts, and wages are uncertain, resulting in economic instability and uncertainty for workers. Workshops are one of the most common informal sectors in Indonesia. Workers in the informal sector, such as workshops, also have the same risks as formal workers, such as the risk of workplace accidents and illnesses that can affect their well-being and productivity. This study used a qualitative descriptive research method. This data collection technique was a field study with direct observation using interview research instruments. Based on the results of interviews and direct observations, workers at custom Garage did not have employment guarantees. The company also needed to include its workers in Badan Penyelenggara Jamunan Sosial Ketenagakerjaan.

FEATURES OF DISMISSAL OF REMOTE WORKER UNDER CH. 1 ART. 312.8 OF THE LABOR CODE OF THE RUSSIAN FEDERATION

The development of scientific and technological progress leads to an increase in the percentage ofremote labor relations. In turn, the legal norms governing this type of atypical forms of employment arestill under formation. In particular, there are special grounds for terminating an employment contract atthe initiative of an employer with a remote employee. The issue of termination of the employment contractdue to circumstances related to the guilty acts of the employee has always received a sufficient amountof attention from both the legislator and scientists due to the fact that the employee of such a situation isin a very vulnerable position. At the same time, there are more grounds for terminating an employmentcontract with a remote employee than with an employee working in the office at the employer's location. Consequently, this issue requires more detailed legal regulation in order to prevent the inequality of therights of remote and traditional employees. In the article, the author analyzes some problems arising fromthe dismissal of a remote worker under Part 1 of Art. 312.8 of the Labor Code of the Russian Federation, lawenforcement practice, and also suggests ways to improve labor legislation in this area.

An Implied Term of Procedural Fairness During Disciplinary Processes: Into Contracts of Employment and Beyond?

Abstract The implication of a new term by law into contracts of employment is significant and relatively rare. In somewhat of a revelation, members of the Court of Appeal in Burn v Alder Hey Children’s NHS Foundation Trust were receptive to the introduction of a duty that would require employers to act in accordance with procedural fairness during disciplinary processes. This article offers the first detailed examination of this development, commencing by exploring the nature, scope and necessity of such a term in the context of contracts of employment. The relationship between this emergent duty and the ‘Johnson exclusion zone’, which limits the remedies available at common law if the breach of the employer’s obligations alleged is the manner or fact of an employee’s dismissal, will be considered. We argue that the real potential of this duty lies in the prospect that it could be extended beyond contracts of employment and implied into, for example, contracts between workers and their employers. Such a development would be novel for the common law and make a substantial contribution to the regulation of a wider category of working relationships and to the pursuit of the objectives and aims of employment law.

Case note on Swedish Labour Court case no. 33, 2023 (AD 2023:33)

This case note discusses Swedish Labour Court case No. 33 of 2023 (AD 2023:33). The case involved a fixed-term worker employed as a personal assistant under a specific form of fixed-term contract regulated by collective agreement. The trade union sought to have the employment contract converted into a contract of indefinite duration and the form of fixed-term employment used to be declared invalid. Furthermore, it requested that the court should seek a preliminary ruling on whether the specific situation and conditions of work in the case could be considered objective reasons in accordance with clause 5(1)(a) of the Fixed-Term Framework Agreement. The Swedish Labour Court decided that the Fixed-Term Work Directive was not applicable in the case and that there was no reason to ask for a preliminary ruling. This case note discusses the outcome of the case and the reasoning of the Swedish Labour Court of specific interest in relation to the Fixed-Term Work Directive.

Pembuatan E-Logbook Kegiatan Harian Karyawan Honorer Di Dinas Perpustakaan Dan Kearsipan Kota Samarinda

This study aims to explore the process of creating daily logbooks for contract employees at the Library and Archives Department of Samarinda City and to assess the practicality of these logbooks. The research findings indicate that the implementation of an E-logbook for the daily activities of contract employees in the aforementioned department can be considered a significant innovation in human resource management. This E-logbook facilitates the easy and efficient recording and tracking of daily employee activities. Furthermore, the E-logbook proves instrumental in managing the daily tasks of contract employees, enhancing accountability, and aiding in more informed decision-making within the company or organization.

Analysis of the Effect of Work Discipline and Work Experience on Employee Performance Moderated by Organizational Commitment to PT HKI Pekanbaru-Dumai Rest Area Development Project

This study was conducted to analyze the effect of work discipline and work experience on employee performance moderated by the organization's commitment to PT HKI Pekanbaru-Dumai Rest Area Development Project. The sample in this study was 80 respondents who were contract employees. The analysis method used is moderating regression analysis. This research was conducted by statistical methods processed with the help of SPSS v. 25 Software. The results showed that partially the variables of Work Discipline and work experience had a significant positive effect on Employee Performance. The results of the moderation test explain the commitment of decent work to be a moderation variable and strengthen the relationship of work discipline variables to employee performance. While work commitment is not worthy to be a moderation variable and weakens the relationship of work experience variables to employee performance.

СОЦИАЛЕН СТАТУТ НА УЧИТЕЛИТЕ ОТ РАЗГРАДСКАТА КАЗА ПРЕЗ ХІХ ВЕК

The teachers in Razgrad area had a special place in the Renaissance society. The agreements of the teachers residing in Razgrad from the 1860s and 1870s were actually their employment contracts. Through them, the material and household problems and the professional duties of the teachers were settled. The documents show the desire of the residents of Razgrad to create the best possible conditions for teachers to work with adolescents. Many teachers, outside of their official duties, were engaged in active social activities. In addition, there were informal agreements with teachers regarding their professional rights and obligations. The social status of the teachers is indicative of their authority in the Bulgarian Renaissance society.

Personality traits and workplace bullying among contract trainee doctors in Malaysia

IntroductionWorkplace bullying (WPB) among trainee doctors is a concerning problem in Malaysia. However, there is still limited understanding regarding the influence of trainee doctors’ personality traits on WPB. Furthermore, the impact of contract employment status on WPB among trainee doctors is not yet well-defined. To address these gaps, this study was aimed to determine the prevalence of WPB among trainee doctors and to examine the association of sociodemographic characteristics, job characteristics, and personality traits with WPB among trainee doctors in Malaysia. MethodsA multi-center cross-sectional study was conducted with 264 trainee doctors in Selangor, Malaysia. Eligible participants were provided with sociodemographic characteristics questionnaire, job characteristics questionnaire, WPB questionnaire, and the Big Five Inventory-10 (BFI-10). Chi-square tests were used to examine the association between: (i) sociodemographic characteristics and WPB, (ii) job characteristics and WPB; and (iii) personality traits and WPB. Multivariate logistic regression was performed to evaluate the association between the significant independent variables (as determined from Chi-square tests) and WPB. ResultsThe prevalence of WPB was 45.1 %, with verbal abuse being the most common form of bullying (46.2 %). Chi-square test showed that only marital status and low agreeableness were significantly associated with WPB. Subsequently, multiple logistic regression demonstrated that being married (OR: 1.866; 95 % CI: 1.077–3.234) and low agreeableness (OR: 2.287; 95 % CI: 1.169–4.473) were significant predictors of WPB. ConclusionThe high prevalence of WPB among trainee doctors could be attributed by marriage and low agreeableness personality traits in this population. In order to minimise WPB and maximise workforce potential, it is essential for healthcare institutions and medical training programmes to recognise this vulnerabilities and take steps to protect and support trainee doctors who are married and/or with low agreeableness personality trait.

An evaluation of the relationship between occupational stress and job satisfaction

The study examines the relationship between occupational stress and job satisfaction of employees in a non–profit organisation in South Africa. A descriptive and quantitative research approach was employed with a structured closed-ended questionnaire. A purposive sampling method was employed to select a sample of 230 full-time and contract employees in the Non-Profit Organisation in South Africa. A Minnesota Job Satisfaction Questionnaire (MJSQ) and the Eliot Stress Questionnaire (ESQ) were distributed to collect data. The research findings on job satisfaction reveal that most employees were generally satisfied with their jobs. Statistical analysis results on occupational stress showed that employees are generally neither stressed nor non-stressed, (the neutral point). The findings of this research reveal that when occupational stress is reduced employee satisfaction is improved. NPOs must communicate and clarify expectations, and ensure that employees fully understand the nature of their business and the funding implications.

The psychological contract and staff retention among South African higher education employees: The influence of socio-demographics

Orientation: The global skills crisis, ‘the great resignation’, and technological advancements have impacted the higher education (HE) sector in South Africa. Staff retention is at risk because of the specialised skills sought by institutions, making employment relationships and skill retention top priorities.Research purpose: The aim of this study was to explore the influence of socio-demographic differences on the relationship between psychological contract preferences and staff retention among South African HE employees.Motivation for the study: High staff turnover in South African HE sector and inability to retain crucial skilled employees pose challenges for HE institutions (HEIs) in a complex and diverse environment.Research approach/design and method: A cross-sectional quantitative survey was conducted on a purposively selected population of full-time employees, both academic and administrative, with a final random sample of participants (N = 493) employed in an open-distance HEI in South Africa. Inferential statistics, specifically tests for significant mean differences, were performed.Main findings: Higher education employees from different race, gender, age, job level and tenure groups differ considerably in terms of their psychological contract preferences and their satisfaction with organisational retention practices.Practical/managerial implications: Interventions for HE staff retention should prioritise strengthening diverse employees’ psychological contracts, meeting their needs, and ensuring fulfilment of promises and commitments in the employment relationship.Contribution/value-add: This paper’s unique contribution lies in the new insight it provides into the psychological contract and retention-related preferences of diverse employees in the South African HE context.

Compliance by employers with the Labor Code of Ukraine: On the issue of dismissal for improper performance of work

The relevance of the study of the legal regulation of dismissal of employees for improper performance of labour duties is due to the fundamental changes and reforms in labour legislation which require a more detailed study of the social and legal aspects of labour relations. The purpose of this study is to get acquainted with the procedure for dismissing employees, especially in the form of disciplinary proceedings for improper performance of duties. The study used a theoretical methodological approach, the method of legal hermeneutics, a formal legal, methodological approach, the method of deduction, the method of induction. In the course of the study, the characteristic aspects of labour relations in general, the specific features of the employment contract, and the procedures for dismissal for violation of relevant labour obligations in the framework of disciplinary proceedings were analysed. Modern judicial practice was considered, which provides an opportunity to analyse theoretical provisions in their reflection in the real practice of law enforcement in Ukraine to describe this particular procedure for dismissing an employee more thoroughly. The results of the study also identified certain problems in this area that may interfere with its effective functioning. These problems are related to the contradictory interpretation of legal norms regulating the procedure for dismissing an employee for improper performance of official duties. Therefore, to resolve this conflict of laws issue, the practice of the Supreme Court was considered, and the current legislation was analysed, which helps to provide explanations on all the features of the procedure for dismissing an employee legally. The study provides practical guidance for Ukrainian employers on how to properly dismiss employees for non-performance, ensuring compliance with the law, clear criteria for decision-making and the necessary documentation

Predictors of time until return to work and duration of sickness absence in sick-listed precarious workers with common mental disorders: a secondary data-analysis of two trials and one cohort study

BackgroundCommon mental disorders (CMD) are highly prevalent among sick-listed precarious workers and often lead to long-term sickness-absence, work disability and unemployment. This study aimed to identify predictors of a longer time until return to work (RTW) and prolonged duration of sickness absence in sick-listed precarious workers with CMD.MethodsWe conducted a secondary Cox regression analysis using existing data from two Dutch randomized controlled trials and one cohort study among sick-listed precarious workers with CMD (N = 681). Age, gender, baseline employment status, study allocation, severity of psychological symptoms and RTW self-efficacy were evaluated for their predictive value on time until sustainable (≥ 28 days) RTW and duration of sickness absence during 12-month follow-up. In this study, time until sustainable RTW and duration of sickness absence are distinct dependent variables, because they are not mutually exclusive.ResultsAge above 50 years (HR 0.57, 95% CI 0.39–0.82), severe psychological symptoms (HR 0.64, 95% CI 0.43–0.93), unemployment (HR 0.19 95% CI 0.11–0.33) and loss of employment contract during sickness absence (HR 0.25, 95% CI 0.14–0.47) were predictive of a longer time until RTW. Male gender (HR 0.77, 95% CI 0.62–0.97), severe psychological symptoms (HR 0.64, 95% CI 0.46–0.87), unemployment (HR 0.47, 95% CI 0.27–0.84) and loss of employment contract (HR 0.48, 95% CI 0.26–0.90) predicted a prolonged duration of sickness absence.ConclusionsUnemployment at the moment of sick-listing, loss of employment contract during sickness absence, and severe psychological symptoms are predictors of both a longer time until RTW and prolonged duration of sickness absence among sick-listed precarious workers with CMD. This knowledge assists occupational health and mental health professionals in the early identification of workers at risk of long-term sickness absence, enabling them to arrange targeted occupational rehabilitation support and mental health care.Trial registrationThe included randomized controlled trials were prospectively registered in the Dutch national trial register under NTR4190 (September 27, 2013) and NTR3563 (August 7, 2012).

Pengaruh Kepuasan Kerja, Gaya Kepemimpinan, dan Budaya Organisasi Terhadap Organizational Citizenship Behavior PT. Ambang Barito Nusapersada Serta Perbedaannya Pada Karyawan Kontrak Dan Karyawan Tetap

This research aims to test the difference in Organizational Citizenship Behavior (OCB) between permanent and contract employees, continued to test the influence of job satisfaction, leadership style, and organizational culture on OCB employees of PT Ambang Barito Nusapersada. The study used a quantitative approach, with a sample of 27 employees (saturated sampling) divided into 13 permanent employees and 14 contract employees. Questionnaires are used as instruments while Independent sample t-tests and multiple linear regressions to test hypotheses. The results showed permanent and contract employees showed no difference in OCB. Other test results, proving job satisfaction, leadership style and organizational culture simultaneously have a significant effect on OCB, and partially only job satisfaction and organizational culture have a significant effect Keywords: Organizational Citizenship Behavior, OCB, Permanent Employees, Contract Employees, Job Satisfaction, Leadership Style, and Organizational Culture

Validity of the Arbitration Clause in the International Employment Contract: the Viewpoint of the GCC Countries

In this paper we will evaluate the significance of the arbitration clause in international employment contracts. Our aim is to understand how this particular alternative dispute resolution (ADR) mechanism is utilized in the Gulf Cooperation Council (GCC) countries. Even though the law in several countries aims to protect employees by prohibiting arbitration agreements (due to considerations of employee protection), we argue that it should be optional for the employee to enter into labour agreements with arbitration clauses. This is especially important when the arbitration agreement achieves the employees’ interests, and is agreed upon with informed and clear consent. We will engage with arguments which advocate the prohibition of arbitration agreements within Individual Employment Contracts (IECs); whilst taking the position that the flexibility, speed, confidentiality and predictability of arbitration provides specific advantages to international employees compared to litigation before court. Furthermore, in the context of a desire on the side of GCC countries to attract high-skilled labour (and when there are many misconceptions regarding the adjudicative functions of labour law courts in the GCC), arbitration clauses can play a significant role in mediating between different legal cultures.

Repercussões físicas e psicológicas na saúde de trabalhadores de enfermagem em unidades COVID-19: pesquisa de métodos mistos

Objective: to analyze how Nursing workers in COVID-19 hospital units perceive the physical and psychological repercussions of work on their health, as well as to identify the factors associated with their perceptions. Method: a parallel-convergent mixedmethods study conducted with 359 Nursing workers from COVID-19 units in seven hospitals. For the collection of quantitative data, a questionnaire containing sociodemographic and labor variables and related to perceptions of physical and psychological repercussions were used, and for qualitative data, semi-structured interviews were used. For the analysis, inferential statistics and thematic content analysis were used. Results: daytime workers, who had more than one employment contract and worked more than 41 hours/week perceived more moderate/intense physical repercussions, reporting overload and time off deficits. Nurses and CLT workers perceived psychological repercussions more moderately/intensely, mentioning managerial overload and job dissatisfaction. Women were 97% more likely to perceive physical repercussions and three times more likely to perceive psychological repercussions when compared to men, reporting household and family overloads. Conclusion: work and family overloads, intensified by the pandemic context, were associated with the intensity with which Nursing workers perceived physical and psychological repercussions.

The interdependence between the choice of fixed-term professional workers and the control environment

Many organizations have professional employees on fixed-term and ongoing employment contracts. While hiring employees on fixed-term contracts offers organizations operational flexibility and other benefits, it also brings about challenges in the form of relatively lower goal alignment and ability of these employees, thus creating the need for management controls. At the same time, given the costs and constraints of designing and implementing a control system, we expect that the planned use of fixed-term workers would be affected by the type of control environment that organizations are willing or able to create. Hence, this study investigates whether an organization's choice of its control environment and its use of fixed-term professional employees are interdependent (i.e., made jointly). Using surveys from different sources and archival data from the education sector, we find that some types of controls (i.e., action controls and organizational culture) and the organization's choice of using fixed-term employees are interdependent, while other controls (i.e., employee selection practices and results control) are independent of this choice. We also find that the interdependence between the choice of using fixed-term employees and the control environment is generally weaker when organizations use fixed-term contracts as an implicit screening mechanism for ongoing employment. Finally, in additional analysis, we find evidence that the interdependence between controls and the use of fixed-term employees is primarily due to concerns related to goal alignment rather than ability.