Dismissal Of Employees Research Articles

Decisions of the Plenum of the Supreme Court of the Russian Federation: Unsettled Issues of Labor Law

The article provides a comparative analysis of some ineffective and valid rulings of the Plenum of the Supreme Court of the Russian Federation regarding application of labor law provisions. In particular, the author examines controversial issues arising in the enforcement practice concerning termination of an employment contract at the initiative of the employee and the employer. In the effective rulings of the Plenum of the Supreme Court of the Russian Federation, there are two de facto different approaches to the issue of the date of the employee's dismissal if an organization is liquidated. It appears that the date of the employee's dismissal must coincide with the date of an intermediate financial statement approval. Certain difficulties are caused by issues related to the failure of the employer to comply with the time limits set forth in the Labor Code of the Russian Federation regarding the procedure of warning an employee about impending discontinuation of an employment contract (a two-month period of dismissal in case of staff reduction and a three-day period in case of the employment contract expiration). The article examines inconsistent court practice regarding the procedure of recognizing absence of an employee from the workplace without a good reason for more than four consecutive hours as absenteeism, discusses advantages and disadvantages of Paragraphs 20 (discontinuation of employment at the initiative of an employee), 35 and 39 (order of employment discontinuation for culpable violations of labor duties) of Ruling № 2 of the Plenum of the Supreme Court of the RF of 17 March 2004, as well as matters relating to material liability of an employee for the damage caused to the employer while fulfilling labor duties. The problem amounts to the question whether it is legitimate in this case to claim damages from an employee under civil law. This issue was previously resolved by Ruling №8 of the Plenum of the Supreme Court of the USSR of 23 September 1987. The paper indicates that the new chapter of the RF LC requires an immediate clarification concerning peculiarities of regulation of the work of employees (staff) who are sent temporarily to other physical or legal entities under the secondment contract by their employers.

ТРУДОВІ ПРАВА ПРАЦІВНИКІВ ПІД ЧАС КАРАНТИНУ

This scientific article is devoted to the problems of realization and protection of workers' rights due to the spread of the COVID-19 pandemic. The article examines the changes that occur in connection with the introduction of quarantine, and analyzes the difficulties that arise in the parties to the employment relationship. The legislative changes that took place in 2020 in order to adapt to new forms of society are analyzed. The article reveals the essence of remote work and the conditions under which the employer has the right to instruct employees to perform such work. It is analyzed how the employer provides the employee with working conditions that are necessary for remote work. It is indicated in what form the employment contract on home-based work is concluded, as at the time of the threat of spreading the pandemic the condition on transfer to remote work can be established in the order of the employer. Attention is also paid to the grounds for dismissal of employees during quarantine, as employers, being in a difficult situation due to quarantine restrictions, often dismiss employees illegally, which leads to violations of workers' rights and guarantees. The paper analyzes the introduction of downtime at the enterprise, as during the quarantine period, many employers are forced to make some changes in their work schedule. Particular attention is paid to wages during downtime. The article also examines the issue of sending an employee on leave "at his own expense", as it is another widely used way of registration of labor relations during quarantine, which are used by unscrupulous employers to minimize production costs and pay for work performed.

Restrictive Conditions in Employment Agreements

During working activity, employee accesses commercially valuable information on the employer including the specifics of organizational structure, business, client base etc. The interest of the employerto keeping such information is evident. Cessation of labour relations may involve risks: besidedirect damages which may reach six annual salaries of an employee dismissal may result in losing goodwill, competition with the former employee, stealing clients and other employees. Abroad, rightsand legal interests of employer are seriously protected in the event of terminating work agreement. Minimizing risks of the employer is reached by various ways in particular by including in employment agreement restrictive covenants forbidding the employer to perform certain activity after terminating the work agreement. The range of restrictive covenants used abroad is wide: bans to compete with the employer, employment restrictions on a certain territory, ban on stealing clients and colleagues etc. In turn, Russian legislation provides a relatively narrow range of tools to solve similar issues. However, the number of court disputes on introducing loyalty bonuses, non-competition and other restrictions grows.The aim of the paper is to outline some ways of solving issues on the competition between employee and employer in some foreign countries, criteria considered by court when assessing the efficiency of restrictive covenants. Besides, the paper presents approaches to regulating this sphere of Russian law and trends in legal practice.

Dismissal of an Employee at the Instance of a Client: Revisiting Nape V Intcs Corporate Solutions (Pty) Ltd in the Context of the Labour Relations Amendment Act 6 of 2014

Dismissal of an Employee at the Instance of a Client: Revisiting <i>Nape V Intcs Corporate Solutions (Pty) Ltd</i> in the Context of the Labour Relations Amendment Act 6 of 2014

Mentoring as the basis for social business

In this article the concept of mentoring as a basis for social business is considered. Besides, the ways of increase of efficiency of labor use through the institute of mentoring of young workers are considered by elderly people. Features of employment, work and dismissal of aging employees are also considered. Possibilities of application of mentoring, attraction of experience of pensioners taking into account the high level of their qualification are reflected. Tasks which the institute of mentoring will help to solve are formulated. The article examines the possibility of using mentoring and engaging retired employees with their experience, a high level of their education and professional qualification in the training of young inexperienced workers. Mentoring is presented as an element of social entrepreneurship.

Employment Protection and Risk-taking in Firm Innovation

This paper examines how the constraint imposed by employment protection on a firm’s ability to adjust resources affects firm innovation strategy and performance. Because employment protection decreases the pace and effectiveness with which firms can replace resources that turn out to be unproductive, it increases the cost of risk-taking and induces firms to be more conservative in experimenting with new resources in response to negative performance. As a result, firms pursue fewer and safer yet more incremental innovations. We find empirical support using staggered restrictions to employment-at-will by U.S. state courts that increase the cost of employee dismissal. The negative effects are also highly asymmetrical, penalizing more heavily firms with low performance, limited financial slack, or operating in the manufacturing sector.

Employment, Wage and Price Reactions to the Crisis in Spain: Firm-Level Evidence from the WDN Survey

This paper describes the main results from the third wave of the Wage Dynamics Network (WDN) survey. Its main goal is to provide information on demand, finance conditions and other factors determining economic activity, on wage, price and employment adjustments over the period 2010-2013, and on firms’ perceptions of institutional changes in the labour market. In Spain, the survey was conducted at the end of 2014, collecting information from a representative sample of 1,975 Spanish firms covering manufacturing, energy and market services sectors. The main results show that Spanish firms’ adjustment to falling demand and other negative conditions since 2010 relied heavily on the dismissal of employees under temporary contracts, although those firms most affected by the crisis also significantly reduced permanent employment. On the contrary, wage and hours adjustments remained limited even in those firms most severely affected by the negative shocks. Regarding institutional changes, Spanish firms perceive some easing in the conditions for economic layoffs, attributing the main source of this higher flexibility to legal changes since 2010. As to other labour conditions, including wages and hours, the share of firms perceiving higher flexibility is somewhat lower.

The Justification of Dismissal of Underperforming Employees

The Justification of Dismissal of Underperforming Employees

Судебная практика по рассмотрению дел о незаконном увольнении работника — члена избирательной комиссии

The article concerns the practice of consideration by courts of cases on illegal dismissal of employees — members of election commissions. The author also analyses the impact produced by decision of the Constitutional Court of the Russian Federation on the judicial practice in this sphere.

The law of unfair dismissal and behaviour outside work

Four of the better-known unfair dismissal cases involve dismissals of employees for behaviour outside work. All four of those dismissals were held to be ‘fair’. This paper looks afresh at the subject matter of dismissals for behaviour outside work. It will argue, first, that employment tribunals should apply a separate framework to dismissals for behaviour outside work and not just apply the normal framework that is designed for dismissals for behaviour at work. Secondly, the paper will construct this separate framework to apply to dismissals for extramural behaviour. It will be argued that there should henceforth be a presumption that dismissals for behaviour outside work will be unfair unless the employer has a strong reason for thinking that the extramural behaviour of the employee will damage the business of the employer. The purpose of this paper is to suggest legal reasons for change to this area of unfair dismissal law as an addition to previously discussed normative reasons for change. In particular, the paper will develop the analogy between unfair dismissal cases on behaviour outside work and breach of personal confidence cases since the Human Rights Act 1998.

The Critical Factors Responsible for Fairness in Managing Employee Dismissal in Some Textile Manufacturing Industries in Nigeria

This study investigated the critical factors responsible for fairness in managing dismissal of employee in Textile industries. Dismissal without laid down procedure has cost textile industries in Nigeria huge sum of money in financing litigations. It is a huge source of economic drain to the industry. Litigation has negative impact on the financial status and progress of the organization. Dismissal without recourse to the rules and regulations and the contract arrangement stated by the employer is deemed unfair. There must be grounds for dismissal and dismissal must be fair otherwise the employee will seek retribution in court. The data utilized in this research was collected through cross-sectional survey. The data was utilized in answering research questions and testing hypothesis. The analysis of data collected from questionnaire instrument was done using percentages (%) and Z-test statistics. Analysis of data according to research questions showed that the grounds for dismissal were misconduct, insubordination, lack of qualification for the job, unsatisfactory performance and change requirement of the job. Misconduct was found as the foremost ground for dismissal in Enpee Plc and Afprint Plc. All the variables hypothetically tested as a factor responsible for fairness in managing employee dismissal has significant effect on textile industries in Nigeria. The textile industries should adhere to all the principles outlined in the study that is contingent to fairness in dismissal in order to avoid wrongful dismissal and incessant retribution in court by employees.

Representative Public Administration as the Modelling Behaviour for the New Bureaucracy

There is a widespread belief that the states and markets are not the omnipotent institutions. Although public participation is gaining importance, this paper argues that in the present situation liberal and democratic elements can be fastest achieved by promotion of values in the public administration. The idea is built on a notion of active representative bureaucracy, while passive representation of the society should be still under the rule of law and/or merit system of hiring public servants. The proposed strategy in a time of austerity is somehow illogical, but it could be efficient: more public funds should be given in education, (re)training and practical experiments of the good practices from other states should become more relevant. Although in our time – when reductions of public funds and dismissals of employees are present – it will be difficult to achieve this goal, we should not forget that humanity has never depended on finances; the public trust, awareness, faith and other values are all the more needed in the time of crisis. We should start from ourselves as individuals to proceed towards the benefits of community.

Trends in corporate restructuring in the world and Serbia

The main objective of this paper is to present contemporary trends in company restructuring process, with particular emphasis on the analysis of typical developments in this field in Serbia. In contrast to recent trends in the world, including some countries in transition in Central Europe, where intensive restructuring processes have been conducted in which remarkable results have been achieved, such tendencies are not recorded in Serbia. Serbia is endlessly delaying the fundamental changes necessary to create competitive companies that can successfully operate without government subsidies. Therefore, company restructuring has to be implemented more decisively in the forthcoming period. However, restructuring should not be concentrated only on bankruptcy and liquidation or dismissal of employees with providing social programs based on the so-called passive employment measures (primarily severance packages). Much more could be achieved through the offensive lines of restructuring, through selective investment in the modernization of production capacities that are likely to successfully market their products, as well as by promoting M&A with prominent foreign partners.

Financial and Transactional Bylaw of Universities and Faculties of Medical Sciences: Opportunities and Threats

Background and purpose: According to developments related to the relative autonomy of universities and acquired extensive powers by the board of trustees of universities of medical sciences and healthcare services in a twenty-year perspective of country and in the context of the fourth and fifth socio-economic cultural development of country, necessity of developing financial and transactional bylaw of universities of medical sciences has become increasingly clear throughout country. Materials and Methods: Grounded theory is the qualitative methodology used for this study in order to identify the threats and opportunities of new financial tax bylaw of universities and faculties of medical sciences and through the study of documents, surveys of experts and beneficiaries and elites by Delphi method. Results: Releasing potential of public administration in order to control sources and uses, increasing management confidence in documented decision making, establishing organizational concentration on controlling costs, providing conditions of decision-making according to financial reports, independency in firing and hiring manpower by adopting specific provisions and creating independency in method of keeping accounts are among the most important opportunities. While poor organizational structure, lack of knowledge and skills in the existing structure, mental processes caused by reactions and incompatibility of staff, lack of criteria and rules in selection appointment and dismissal of managers and employees, lack of discipline and proper mechanisms in order to pursue the purposes, calculating financial burden and human resources required and finally, passing through traditional thinking and management system are among the most threats. Conclusion: Considering the mentioned threats and opportunities, financial and transactional bylaw of universities and faculties of medical sciences was basically revised and modified in January 2006, and then after the case reform in July 2009 it was announced in October 2011.

An Overview of Dismissal of Managerial Employees for Breach of Fiduciary Duties

Directors and other senior managers stand in fiduciary relationships to the company they work for and have the responsbility and duty to ensure that they do everything possible to act in good faith toward the company and make sure that they do not compromise their positions which might result in conflict of interest. However, should they breach thier fiduciary duties in whatever way, this will amount to breach of trust which may lead to criminal prosecution and dismissal from the company. With regard to their civil responsibilities, they will be made to restore or return the proceeds from the breach of trust. This paper examines the nature and scope of the implied terms of trust and confidence of managerial employees in the workplace. The paper highlights the importance of fiduciary relationships with regard to implied terms of loyalty, good faith and discharge of duty in the best interest of the company by responsible senior managers and directors. The paper analyses consequences of breach of fiduciary duty, obligation and trust by emphasising that the erring employee would be put through disciplinary processes which might lead to termination of employment or outright dismissal.

Labor Laws and Innovation

AbstractWhen contracts are incomplete, dismissal laws prevent employers from arbitrarily discharging employees and thereby limit employers’ ability to hold up innovating employees after an innovation is successful. Therefore, dismissal laws can enhance employees’ innovative efforts and encourage firms to invest in risky but potentially groundbreaking projects. Other forms of labor laws that do not affect dismissal of employees do not have this bright side. We find support for these predictions in empirical tests that exploit country-level changes in dismissal laws in the United States, the United Kingdom, France, and Germany: more stringent dismissal laws foster innovation, particularly in innovation-intensive industries, but other labor laws do not.

Employment loss during economic crisis and suicidal thoughts in Belgium: a survey in general practice

The economic crisis of 2009 led to a wave of corporate reorganisations and bankruptcies, with many dismissals of employees. GPs were confronted with subsequent health consequences. To assess the possible relationship between losing one's job and having suicidal thoughts. A survey of patients aged 18-49 years recruited from GP practices in Belgium in Deurne (Flemish region) and La Louvière (Walloon region) from September to December 2010. Method Anonymous self-administered questionnaire. Of all eligible patients (n = 1818), 831 were offered the questionnaire and 377 completed it (45.4%). More than one in five had been confronted with employment loss in the past year (the responder or someone close losing their job). Almost one in ten had lost their job themselves in the past year. More than one in four had experienced suicidal thoughts and 11.7% had seriously considered ending their life in the past year. In the logistic regression analysis, the following characteristics showed a statistically significant relationship with having suicidal thoughts: being single (odds ratio [OR] = 4.8, 95% confidence interval [CI] = 1.7 to 13.8), not having satisfying social contacts (OR = 5.1, 95% CI = 1.6 to 16.2), having depressive complaints (OR = 18.4, 95% CI = 5.8 to 58.4), and having lost one's employment in the past year (OR = 8.8, 95% CI = 2.0 to 39.3). This study points to a statistically significant relationship between losing one's employment in the past year and having suicidal thoughts. It emphasises the important role of the GP in the continuous and reinforced assessment of suicidal risk in times of recession.

Increasing public healthcare network performance by de‐hospitalization

PurposeThe aim of this paper is to support public decision‐makers in a local healthcare agency (LHA) in evaluating the effects of different de‐hospitalization strategies and the potential for outsourcing clinical services.Design/methodology/approachThe approach adopted is based on the “patient pathway” perspective. Starting from the identification of specific care pathways, all the feasible care paths in a given LHA in Italy are investigated in order to evaluate the practicability of the de‐hospitalization of some phases with a particular focus on co‐ordination of hospitals and territorial services. A heuristic approach based on discrete‐event simulation modelling is proposed. The methodology and the simulation model have been validated with reference to field data derived from a full‐scale case study carried out within a LHA in southern Italy.FindingsThe results show where, in terms of care pathways, de‐hospitalization is practicable, valuable in terms of better resource utilization, and eligible for outsourcing. The outsourcing option appears to be more sustainable from a social point of view. It specifies that there would be no dismissal of employees, and that there would be recruitment of specialized workers such as nurses and doctors, employed under more flexible conditions. Savings in overheads would be achieved by means of patient de‐hospitalization.Originality/valueThe existing scientific literature, to the best of the authors' knowledge, deals with patient flow management at the hospital level. However, in the European countries, the public healthcare system is generally organized in terms of the territorially based allocation of service centres. Given the scarcity of public resources, the main difficulty seems to be a mismatch among actions needed to improve territorial and residential care for outsourcing, and the interventions needed to contain hospital costs.

REDUCTION OF EMPLOYMENT AS AN ELEMENT OF MANAGEMENT IN AN ORGAZNIZATION - CASE STUDY

Summary: The subject matter of the article was adopted considering the problems of labour market in Poland. One of them is employment reduction. The main objective of this paper is to show the negative impact of excessive redundancies on employment fluctuation in a transport - forwarding company XYZ. The paper consists of three basic parts. First one is devoted to the issue of employment fluctuations. It defines the notion of staff mobility and discusses problems referring to the nature of staff turnover. Factors determining the phenomenon are defined. The second part presents problems connected with dismissals of employees. Based on literature, it indicates the significance of derecruitment and instances legal aspects of redundancies. In the third empirical part the focus is on presenting a tansport-forwarding company ‘XYZ’. The company represents the category of small and medium-sized enetrprises, that constitute the basis of all modern European economies. In the case of Poland, they generate nearly 80% of GDP. The methods used are documents analysis and comparison over time. In this part the author summarizes the results of documents analysis concerning derecruitment of employees in the years 2007-2011. The issues are considered from the employer’s perspective. The subject matter is still current because of the dynamic changes taking place in the labour market, in terms of macroeconomics.

Business Cycle Synchronization in Croatia

Business Cycle Synchronization in CroatiaThe purpose of this paper is to analyze business cycle synchronization in the Croatian economy using various annualized growth rate variables over a period of eighteen years (1992-2010), de-trended by a Hodrick-Prescott filter, and following the Harding and Pagan methodological procedure in the determination of its turning points. Our conceptual analysis of synchronization is based on the technique of concordance indexes and correlation coefficients obtained by the HAC estimators. The main result of the research shows that there is a high degree of probability that dismissal of employees in the Croatian economy will coincide with the contraction phase in industry. The cyclic phase of growth in job creation in great measure coincides with the cyclic phase of growth in exports and the construction sector, as well as with tourist arrivals. There is an almost perfect synchronization between the cyclic phases of the construction sector and imports. The central conclusion of the paper is that this study can establish stylized facts about the dynamics of Croatian business cycles.