Employment Contract Research Articles

The effect of output on employment in Poland during the COVID-19 pandemic

The COVID-19 pandemic caused a significant decline in output, as well as economic policies aimed at mitigating the negative effects of the pandemic. Both of these factors had an impact on the labour market. This paper investigates changes in employment across groups of workers during the coronavirus pandemic in Poland and the effect of output on these changes. Firstly, it examines changes in employment growth rates across different groups of workers in 2020. Secondly, the paper analyses the impact of the coronavirus crisis on employment by comparing actual and predicted employment growth during the pandemic period (2020). Using Okun’s law, Ordinary Least Squares, and quarterly data, the elasticities of employment growth with respect to GDP growth in the pre-pandemic period (2003–2019) are calculated. These elasticities are then used to estimate projected employment growth during the pandemic. The results suggest that the total employment response to output change was relatively small, compared to the historical pattern. However, the response was unequal across groups of workers. The youngest workers, particularly women, and those with temporary employment contracts were most affected by the pandemic.

PENGARUH KOMPENSASI, LINGKUNGAN KERJA DAN BUDAYA KERJA TERHADAP KINERJA KARYAWAN PABRIK GULA ASSEMBAGOES DENGAN KEPUASAN KERJA SEBAGAI VARIABEL INTERVENING

Companies cannot be separated from having quality human resources; this will have an impact on the sustainability of the company's goals, superior, professional and competitivehuman resources which will have a positive impact on the company's success. The aim of this research is to analyze and test the influence of Compensation, Work Environment and Work Culture on the Performance of Assembagoes Sugar Factory Employees with Job Satisfaction as an Intervening Variable. This research is explanatory research. The populations in this study were contract employees of the Assembagoes Sugar Factory. The sampling technique is determined by quota sampling. The data analysis and hypothesis testing in this research used the Structural Equation Model - Partial Least Square (PLS-SEM). The results of the direct influence hypothesis test using the Smart PLS3.0 application, show that Compensation has a positive but not significant effect on Job Satisfaction, Work Environment has a positive and significant effect on Job Satisfaction, Work Culture has a positive and significant effect on Job Satisfaction, Compensation has a positive but not significant effect on Performance, work environment has a positive but not significant effect on performance, work culture has a positive and significant effect on performance.

LEGAL PROTECTION FOR WAGED WORKERS UNDER THE MINIMUM WAGE AT THE REGENCY/MUNICIPALITY LEVEL

Wages have always been a common issue between workers and businesses because it involves a civil legal relationship that is regulated through an employment contract. The government mediates between the two parties by regulating the minimum wage, which is the responsibility of the governor in each province. Contravention of minimum wage provisions is considered a criminal offense, even though the relationship was originally intended as a civil one, and this research examines whether the policy is appropriate. This research finds and describes the provisions of the labor agreement and the ideal policy regarding the payment of wages under the minimum wage. This research uses a normative legal approach that focuses on the concepts of decriminalization and depenalization related to the payment of wages under the minimum wage. The approach used includes conceptual and statutory approaches, connecting labor law with criminal law and agreements. The sources of legal materials used include labor-related laws and legal literature, with analysis based on relevant articles. Therefore, employers, both civil legal entities and individuals, are prohibited from paying wages under the minimum wage according to Article 88E (2) of Law No. 6/2023. If violated, employers may be subject to imprisonment of up to 4 years and a fine of IDR 400 million under Article 185. This provision aims to protect workers' rights to a decent wage in each regency/ municipality.

Challenges to the exercise of collective labour rights outside the employment relationship

The importance of the issues covered in this article is due to the impact of information technologies on the labour sphere, transformation of the features of “classical” labour relations and the need to rethink the categories of “employee” and “employer” in order to ensure the exercise of collective labour rights, such as the right to association, collective bargaining and collective action by all workers regardless of the form of employment, first of all, by dependent self-employed persons. The author emphasises that the ILO, the CJEU in the opinions of their supervisory bodies, and the EU Court of Justice in their judgments use a broad approach to the interpretation of the concept of employee, including self-employed persons, in particular, in the context of exercising the right to association and collective bargaining. The author presents the experience of certain European countries, in particular, France and Poland, in terms of legislative consolidation of fundamental labour rights for self-employed persons. The article demonstrates that courts in different jurisdictions have different approaches to resolving the issue of the legal status of platform workers using the example of the decision of the Supreme Court of the United Kingdom and the Spanish court in the Deliveroo case. It is stated that in Ukraine today, one of the fundamental labour rights - the right to join a trade union de jure is not limited by the existence of an employment relationship or the status of an employee. At the same time, the right to collective bargaining, collective bargaining agreements and the right to collective action to protect one’s rights, which are an integral part of the right to freedom of association, is de facto only possible for those who are in an employment relationship based on an employment contract and have the status of an employee. As a solution to this problem, it is proposed to introduce a broad category of “working” or “employed” in national legislation, which will be used exclusively for the purposes of unionisation, exercise of the right to collective bargaining, conclusion of collective agreements and collective action. Such a definition should be separated from the definition of the narrow concept of an employee under an employment contract used in the context of individual labour relations.

Bankruptcy of the employer as a consequence of his insolvency

The article considers some issues related to the bankruptcy of the employer, which arises as a result of his insolvency, in particular, the issue of employee protection. It is noted that bankruptcy affects both employers and employees differently. Thus, the employer may be liable both to third-party creditors (financial institutions, suppliers, landlords) and to be in debt to the employees, if the salary or its part has not been paid, as well as the remuneration due to the employees. At the same time, it can have negative consequences for the workers, since their livelihood and their families can be completely dependent on such salary or remuneration. It was concluded that the issues of employee protection in case of employer’s insolvency have always been important and needed to be resolved, since employees are the least protected subjects of labor relations, who need guarantees of protection of their rights from both the employer and the state. Since the bankruptcy of the employer negatively affects both the social and financial situation of the employees, it leads to the termination of the employment contract concluded with them both for an indefinite period and a fixed-term employment contract before the expiration of its validity period. It was concluded that the adoption by the Verkhovna Rada of Ukraine of new legislative acts on the protection of the rights of employees in case of bankruptcy of the enterprise is a positive step, especially today, when the country is in a state of war against the Russian aggressor. It is noted that the implementation of the proposed norms will contribute to the approximation of Ukrainian legislation to European labor standards and will make it economically unprofitable for the employer to withhold salary, will create conditions for reducing the amount of existing debt for its payment, will increase the level of economic protection of the employee in case of late payment of work, and will also ensure the creation of a mechanism wage compensation in case of insolvency of the employer.

Ensuring employee privacy at the workplace: current state and problems

In the article, based on the analysis of national legislation, international documents, national and international judicial practice, the views of scientists, the issue of ensuring the employee’s right to privacy at the workplace is considered. It is noted that today domestic labor legislation does not yet enshrine this right (the employee’s right to privacy at the workplace), which, in turn, contributes to abuse by the employer, and leads not only to an unsatisfactory level of protection of the constitutional right to respect for private life, and in the future may lead to the international recognition of Ukraine as a state that does not provide an adequate level of such protection, particularly in the field of labor. It is emphasized that in the conditions of martial law, the right to privacy may be limited by law in the interests of national security, territorial integrity or public order in order to prevent riots or crimes, to protect public health, to protect the reputation or rights of other people, to prevent the disclosure of information, received confidentially, or to maintain the authority and impartiality of justice. As a result, it was concluded that the right to privacy at the workplace, which should be guaranteed to all employees regardless of the type of employment relationship, industry affiliation or form of ownership of the enterprise, should be established at the legislative level, taking into account international experience and judicial practice. Since the regulation of all aspects of the employee’s right to privacy in the workplace in the Ukrainian legislation will prevent abuse by the employer of employee control measures. In particular, supporting the proposals of other researchers, it is proposed to supplement the Code of Labor Laws of Ukraine with a rule that when concluding, changing and terminating an employment contract, persons entering work and employees are guaranteed the right to privacy regarding their personal and family life. At the same time, the limits, grounds and conditions of the employer’s interference with the employee’s right to privacy must meet three criteria: the legal grounds for the interference, the legitimate purpose of the interference, and the proportionality of such interference to the stated goal.

Menuju Inklusi Tenaga Kerja Penyandang Disabilitas: Implementasi Program Pengabdian di Yayasan Peduli Anak Cacat Malang

Yayasan Peduli Anak Cacat (YPAC) Malang is a non-profit organization that aims to provide services to children with disabilities. This community service program in partnership with YPAC Malang aims to improve the inclusion of the disabled workforce in the YPAC Malang environment through various efforts, including skills training, socialization, and the creation of a Special Employment Contract. The research method used in this service program uses a PAR (Participatory Action Research) based approach. Through the involvement of YPAC Malang partners, companies, academics, and government, this program aims to provide legal protection, equality, and employment opportunities for people with disabilities. Although faced with various challenges, such as limited company partners and labor classification mismatches, this program is expected to have a significant positive impact on people with disabilities and society as a whole.

The Migrant Personal Work Relation: A New Category of Employment

ABSTRACT The relationship between UK immigration law and labour law is increasingly intertwined and complex. Migrant workers are regularly incorporated into the labour market on an unequal and instrumental basis as economic commodities. A central aim of this paper is to expand our conceptual understanding of the legal nature and form of migrant employment. I contend that the regulatory integration of immigration law with labour law into a distinct, intermediate legal framework of 'migrant labour law' challenges and disrupts existing categories of employment classification and orthodox conceptions of modern employment. It does so by constructing ‘migrant personal work relations’ with a unique hybrid legal character of private contract and public immigration status, using migrants’ private capacities to regulate their relationship with the state and vice versa. Central to this endeavour is an idea of labour regulation that incorporates immigration norms of conditionality, deportability, deterrence and immobility into the construction of the migrant personal work relation. Five elements of the migrant personal work relation illustrate its hybrid character: formation, structure, content, variation, and termination. The interplay of public and private law doctrines exhibits immigration status distorting the employment contract and shows that migrant employment cannot be explained on a contractual basis. As a result, we start observing a juridical divide between migrant workers and citizen workers as separate legal subjects allocated to different regulatory regimes. It constitutes a whole new category of employment. Finally, the article examines the implications of its construction and legal character for its power dynamics. I argue that vulnerability to exploitation is a structural feature of the ‘migrant personal work relation’, such that it is a vulnerability-inducing legal institution. It exacerbates the pre-existing asymmetrical distribution of power and creates special vulnerabilities additional to those ordinarily present.

The Influence of Work Motivation on Employee Work Performance at the Bima City Tourism and Culture Office

. This research aims to determine the effect of work motivation on employee work performance at the Bima City Tourism and Culture Office. This research is included in the Associative research category. The research instrument used was a questionnaire with a Likert scale. The population used in this research was all employees at the Bima City Tourism and Culture Office, totaling 58 employees, consisting of 34 employees with civil servant status and 18 contract employees and 6 honorary employees. The sample in this study was 34 employees with civil servant status at the Bima City Tourism and Culture Office. The sampling technique used in this research is purposive sampling technique. Data collection techniques use observation, questionnaires and literature study. The data that has been collected is then analyzed using SPSS v.26 then tested for validity, reliability test, simple linear regression analysis, correlation coefficient, determination test and t test. The research results show that there is a significant influence of work motivation on work performance at the Bima City Tourism and Culture Office.

Oaths, Conscience, Contracts, and Laws—The Gathering Storm Confronting Medical Professionalism

This Viewpoint explains the 3 trends—personal conscience, employment contracts, and laws—that challenge physicians from putting their patients first and offers ways to reverse these barriers.

Decision Support System Using the SMART Method in Determining the Status of Contract Employees from Permanent Employees

Employee performance assessment is a way to determine the abilities of each employee. The assessment is carried out to obtain materials for developing the company's human resources. The process of appointing contract employees to permanent positions is still not effective, this results in doubt in decision making which allows errors to occur. In this research, a system for decision making will be built, where this research uses the Multi Attribute Rating Technique (SMART) method. The SMART method is a multi-criteria decision making technique that compares one criterion with another. The data used in this research uses 3 factors and 12 employee data to be selected. For assessment using the SMART method based on criteria and weights, a score above 80 is declared a pass to become a permanent employee. Research using the Simple SMART method can help the Ibnu Sina Islamic Hospital in West Pasaman in managing the data or criteria used in determining the status of contract employees, so that they can determine employees who are in accordance with the quality and quantity of human resources needed and as a basis for making decisions. become a permanent employee.

ORGANIZATIONAL AND LEGAL ASPECTS OF THE REGULATION OF LABOR RELATIONS OF AN EDUCATIONAL ORGANIZATION AND AN ADVISER TO THE DIRECTOR OF EDUCATION

Legal aspects of regulating labor relations with the participation of an educational adviser ("adviser to the director of education and interaction with children's public associations"), in the context of a significant number of publications, instructions and the professional standard "Specialist in the field of education", gaps remain in the practice of an educational organization. Law enforcement practice demonstrates problems in the field of concluding an employment contract and its essential conditions, securing a list of labor functions, securing a position in the staffing table, calculating wages, etc. The purpose of the article is to identify organizational and legal gaps in the regulation of the work of educational advisers. The subject of the study is the Institute of labor relations with the participation of teaching staff, since the position of adviser is attributed to the positions of teaching staff. The result of the study is the systematization of gaps in the organizational and legal aspects of regulating the work of an educational adviser. The novelty of the research lies in the generalization of the regulatory and legal practice of ensuring the activities of an adviser in an educational organization. For the science of labor law, the article is of interest, since it has been proved that the position of an education adviser belongs to the positions of teaching staff based on an analysis of the specifics of labor relations. The author's assessment of the adviser's place in the structure of educational legal relations, due to the peculiarities of the legal status of the employee, becomes a component of scientific novelty.

Penerapan Sistem Perjanjian Kerja Waktu Tertentu Dalam Perspektif Hukum Positif Indonesia

Introduction: Indonesia, as a country under the rule of law, upholds the principle of equality before the law. This principle is also applied in the freedom to contract, which requires a valid agreement to meet four conditions: agreement, competency, specific object, and lawful cause. The Fixed-Term Employment Agreement is a form of employment relationship between employers and workers that suffers from shortcomings in its implementation. Many employers do not understand the rules, leading to deviations in practice.Purposes of the Research: The aim of this research is to examine and analyze the implementation of the Fixed-Term Employment Agreement system from the perspective of positive law in Indonesia.Methods of the Research: This research is a normative juridical research, using a descriptive analytical research type using primary, secondary and tertiary legal sources. The approach used is a statutory approach (Statute Approach) and conceptual approach (conceptual approach). The technique of collecting legal materials uses a literature study which is then analyzed qualitatively in order to answer the problems studied.Results of the Research: Based on the research results, it is shown that the protection of workers in Fixed-Term Employment Agreements is not optimal in its implementation due to frequent violations. This is attributed to the unclear regulations regarding the application of The Fixed-Term Employment Agreement, particularly concerning types of work that are one-time, temporary, seasonal, or related to new products. Furthermore, the lack of government supervision in the The Fixed-Term Employment Agreement creation process enables employers to easily violate regulations without legal repercussions.

LEGAL PROTECTION FOR WORKERS AT LKP SAHABAT CENDEKIA SIGLI, INDONESIA

The Institute of Courses and Education or LKP is one form of non-formal education institution that employs educators as applicable in formal education. However, in some LKP cases, it raises problems including the absence of contractual provisions of employment agreements that cause uncertainty and protection for both parties between LKP and workers. For this reason, the focus of this research is how is the system and form of employment contract and its implementation at LKP Sahabat Cendekia Sigli, and how is the legal protection for workers at LKP Sahabat Cendekia Sigli reviewed according to the ijārah ‘alā al-’amal contract? This research is studied with a conceptua lapproach approach with the type of empirical legal research. The result of the research is that the system and form of employment contract between workers and LKP Sahabat Cendekia Sigli is in the form of an oral agreement with the provision that the manager explains the amount of salary/wages per hour and subject, as well as teaching hours or days. The LKP does not explain the expiration date of the contract. In the context of protection and legal certainty, the status of workers in the LKP and the LKP itself does not have legal certainty. On the one hand, there is uncertainty and legal protection for the LKP because workers can decide to resign/leavethe LKP. On the other hand, workers also do not get legal certainty and protection because the LKP can also terminate the employment contract at any time. For this reason, seen from the ijārah ‘ala al-’amal contract, the implementation of the employment contract at the Sahabat Cendekia Sigli LKP is not in accordance with the principles of sharia contracts. The ijārah alā al-'amal contract requires the certainty of a written agreement contract and the actions of the two parties are bound by and limited by the agreed agreement letter. This is what is missing in the work agreement at LKP Sahabat Cendekia Sigli.

Analisis Perlindungan Hukum Terhadap Pemberi Kerja di Indonesia dalam Hukum Ketenagakerjaan Tahun 2024

This study aims to analyze legal protection for employers/businessmen/companies harmed by irresponsible workers in the Indonesian employment landscape in 2024. This study uses a normative legal method with a descriptive approach. The results of the study indicate that the Job Creation Law brings changes to the regulation of fixed-term employment agreements in the Employment Law, but there are still several issues that need attention. Legal protection for workers and employers is regulated in the Employment Law. Enforcement of employment law is carried out through strict supervision to maintain a balance between the rights and obligations of employers and workers. This research is expected to contribute to the development of employment law science, especially regarding legal protection for employers.

The Mediating Role of Work Engagement in the Psychological Contract and Work Performance of Employees in Zhejiang E-Commerce Enterprises

In order to investigate the mechanism of psychological contract on work performance of employees in e-commerce enterprises, the theoretical model of psychological contract, work dedication and work performance is constructed based on social exchange theory and self-determination theory. By empirically analysing the questionnaires collected from 408 employees of e-commerce enterprises in Hangzhou, Wenzhou and Yiwu, Zhejiang Province, using Smart PLS 4 software, it was found that the psychological contract has a significant positive impact on the work performance of e-commerce enterprises' employees, and the degree of work engagement plays a partially intermediary role between the psychological contract and work performance. E-commerce enterprises need to improve employees' satisfaction with the fulfilment of the psychological contract, so as to ultimately improve employee engagement and achieve the ultimate goal of improving employee work performance.

The impossibility of providing an employee with a job as a new special ground for terminating an employment contract at the initiative of the employer: regarding the expediency of assigning it to the special grounds for dismissal

The introduction of martial law had a significant impact on all spheres of Ukrainian society. There was an urgent need to make changes to laws and other normative legal acts that establish the basic rights and freedoms of citizens and regulate the most important spheres of social relations. The attention of legislators also affected labor legislation, because in the conditions of martial law it became extremely important to ensure a balance between the needs of the state, the interests of employers and guarantees to employees. The study is devoted to the amendment of the Labor Code of Ukraine, namely, Article 41 of the said Code establishes a new additional ground for terminating an employment contract at the initiative of the employer with certain categories of employees under certain conditions - the impossibility of providing the employee with the work specified in the employment contract due to with the destruction (absence) of production, organizational and technical conditions, means of production or property of the employer as a result of hostilities. During the analysis of the new basis, the guarantees provided to employees upon such dismissal, the possibility of its application to officials, as clearly defined by law categories of employees of legal entities, state bodies, and local self-government bodies, were considered. Since the Labor Code of Ukraine was amended specifically to Article 41, which defines additional grounds for terminating an employment contract at the initiative of the employer with certain categories of employees under certain conditions, the interpretation of the terms «general» and «additional» was considered and attention was focused on the rationality of the use of the term «special». It is also noted that the new ground for termination of the employment contract at the initiative of the employer is not an addition to the adjacent or other ground, it is the same basic one, which provides for a certain procedure for termination, providing employees with the guarantees provided for by law, and concerns certain categories of employees, in particular, officials. During the study of a new ground for terminating an employment contract at the initiative of the employer, the question of the expediency of its attribution to special grounds for dismissal is considered, and attention is focused on justified propriety and the inclusion of the specified grounds for dismissal among the general grounds for dismissal, which are provided for in Article 40 of the Labor Code of Ukraine.

Legal Protection for Doctors in Legal Disputes in Hospitals from the Perspective of Employment Agreements

Legal Protection for Doctors in Legal Disputes in Hospitals from the Perspective of Employment Agreements

Employment outcomes of refugee women and men: multiple gender gaps and the importance of high-skill jobs

ABSTRACT Refugee women face significant challenges when seeking employment in Western host countries. To advance gender-sensitive perspectives within migration and refugee research, this study examines differences in employment outcomes between refugee women and men. Specifically, this study provides a nuanced picture of six indicators of employment outcomes, including pay, fixed-term versus permanent employment contract, overqualification, career prospects, an at-home feeling in the workplace and the ability to talk to colleagues about personal problems. The study also shows that individuals’ occupational status plays a role in gender disparities. Our findings, based on a recent survey of refugees working in Austria, reveal several gender gaps, with an especially significant gap regarding fixed-term employment contracts. Refugee women, who are more likely to be disadvantaged in employment outcomes, benefit disproportionately from working in high-skill jobs. The findings underscore the complex nature of gendered patterns in labour market integration of refugees and imply specific policies addressing gender inequality in this setting.

‘Fire and Rehire’: Four Lessons from Australia

Abstract The practice of firing employees and then rehiring them in their same jobs on inferior conditions and lower wages (‘fire and rehire’) has emerged as a matter of acute political controversy. Its use in the United Kingdom has become even more controversial in the period since the Covid-19 pandemic. A brutal example of the practice was seen in the P&O case, which could be viewed as an example of ‘fire and replace’ as well as ‘fire and rehire’. In March 2022, P&O Ferries summarily dismissed 786 seafarers, setting aside £44 million to meet the anticipated compensation costs arising from its failure to comply with multiple employment law obligations owed to the crew. Approximately 100 of those dismissed were re-engaged on new terms, the remainder replaced by new crew engaged through agencies on inferior terms and conditions. This article addresses what would need to be done to ‘ban’ fire and rehire, and the related practice of fire and replace. It is argued that fire and rehire is a symptom of system failure which will not be addressed by sticking plaster solutions or by an unenforceable code, but by addressing the underlying causes. This means better regulation, treating collective agreements and contracts of employment with greater respect, better procedures for the negotiation of change, and more effective remedies designed to restrain employers from acting unlawfully. In addressing these matters we draw extensively on the experience of Australia where fire and rehire as understood or practised in the United Kingdom is largely unknown.