Employment Claims Research Articles

Obowiązek „dalszego zatrudnienia” regulowany art. 7555 Kodeksu postępowania cywilnego jako forma zabezpieczenia powództwa (byłego) pracownika

In his work, the author describes and evaluates the institution of securing labour claims by imposing an obligation on the employer to continue employing the employee until the proceedings have become final, introduced in Art. 7555 of the Civil Procedure Code. First, a description of the legal nature of the new type of security is made. In the next part, the author defines the catalogue of entities entitled to benefit from the security of Art. 7555 of the Civil Procedure Code, analysing the concept of an employee subject to special protection against termination of the employment relationship with or without notice. In addition, the study fleshes out the formal issues related to the application for security under Art. 7555 of the Civil Procedure Code and the issuance of an order granting such security. This is followed by a consideration of the permissibility of amending a security order that has been issued, and an analysis of the concept of “continued employment,” particularly in terms of what the obligation to continue employment means for the employer and what is the legal status of the entitled person during the period of security. The author also presents the issue of the compulsory execution of the issued security order and indicated when the security ceases. The work also considers the issue of the permissibility of the termination of the employment relationship established in the execution of the freezing order under Art. 7555 of the Civil Procedure Code. In addition, the author discusses in his considerations the rules of settlement between the parties when the action of the employee-author is dismissed. Also included are comments on the applicability of the provisions of Art. 7555 of the Civil Procedure Code to a change notice. Finally, the author evaluates the institution of security under Art. 7555 of the Civil Procedure Code, in which, while referring positively to the very concept of introducing a means of protecting employee claims, he points out the critically assessed aspects of the new regulation.

An assessment of the direct and indirect costs of bladder cancer preceding and following a cystectomy: a real-world evidence study

Introduction To estimate the direct and indirect costs of bladder cancer prior to and following cystectomy in a U.S. sample of patients. Methods This retrospective, observational analysis of de-identified patients with bladder cancer utilized the MarketScan Commercial Claims & Encounters and Health & Productivity Management databases. Adult patients with bladder cancer plus ≥ 1 claim for partial or radical cystectomy between 1 October 2015 and 31 December 2020 (date of the cystectomy = index date) and who were continuously enrolled for 6 months pre- (baseline) and post-index (follow-up) were included in the sample. All-cause total healthcare costs and indirect costs associated with short-term and long-term disability (STD and LTD) employer claims were assessed during each of the 6-month baseline and follow-up periods. Results The study included N = 142 patients; mean age 56 ± 6 years, 76% (male), and 42% had a baseline Deyo-Charlson Comorbidity Index ≥ 2. Baseline mean total all-cause direct healthcare costs were $51,473 ± $48,560 (median: $36,202), and $99,524 ± 86,839 (median: $75,444) during follow-up. At baseline, 32% of patients had ≥ 1 STD claim, equating to a mean 134 ± 303 h lost and $2,353 ± $6,445 in total payments per patient. Follow up STD claims increased 23.4% equating to a mean 218 ± 324 h lost and $3,679 ± $7,795 per patient. Patient LTD claims increased from baseline to follow-up (1–3%), with post-cystectomy LTD claims resulting in 574 ± 490 h lost, and $1,636 ± $1,429 in total payments. Over 85% of the population had a cystectomy related complication, the most common were genitourinary-related (47.9%) and infection/sepsis (33.1%). Conclusions Cystectomy was associated with complications and decreased work productivity post-surgery. Findings may aid to inform decisions regarding cystectomy vs. bladder preservation approaches, and underscores an ongoing need to further develop bladder preservation therapies within the bladder cancer treatment landscape.

Sabbatical Leave in the Private Sector: An Employee Benefit That Can Be a Cost Saver

Sabbatical leave is a benefit that is commonly associated with higher education but is rarely found in the private sector. The benefits that a sabbatical provides a professor, the opportunity to “recharge and refresh” and return to their responsibilities reinvigorated, would also apply to businesses offering this benefit. In light of the recent COVID disruption, employee claims of “burn-out” and the subsequent resignations of many workers, employee retention is a serious issue for many firms. Search and hiring costs are significant. This study examines the benefits to the firm of offering sabbaticals to their employees. It also provides a framework for businesses to compare search and hiring costs with the costs of a sabbatical program. The numerical example provided demonstrates that avoiding the costs associated with a search could fund an 8-week sabbatical for an employee.

Using State Agency Reports to Augment Ohio’s Agricultural Injury Surveillance Efforts

ABSTRACT Background Agriculture is a hazardous industry with undocumented injury events. Credible surveillance measures are critical for this industry, especially to guide injury prevention programs with targeted recommendations for specific commodity groups and populations. This multi-phase study explored the feasibility for two state agency databases, the Ohio Bureau of Workers’ Compensation (BWC) Program and the Emergency Medical Services Incident Reporting System (EMSIRS), to augment the state’s Bureau of Labor Statistics (BLS) annual reports. Methods BWC data described injury claims in agricultural workplaces from 1999 to 2008. State EMSIRS data described the types of medical emergencies for which EMS services were requested to Ohio farms in 2013–2014. Descriptive analyses were performed on each distinctive source. Results Over 14,000 BWC claims were analyzed, with primary nature of injury identified as sprains and strains of bodily extremities; falls were the most common cause of injury. The EMSIRS data provided 1,376 cases, where EMS services were requested to Ohio farms at injury onset. Some cases had possibility to be excluded in CFOI or employment claims data, with 24% patients 65 years and older and 6% children 13 years and younger. The primary cause of injury was falls, and the highest reported injury type was blunt trauma. Conclusions Both BWC and EMSIRS databases showed the potential to enhance Ohio’s agricultural surveillance data with viable information not found in previously used systems. Each agency database had its own merits to further clarify and quantify morbidity. When used together, these sources enrich surveillance statistics to describe Ohio’s agricultural injury incidents.

International Law Immunities and Employment Claims: A Critical Appraisal, written by Pierfrancesco Rossi

International Law Immunities and Employment Claims: A Critical Appraisal, written by Pierfrancesco Rossi

International Law Immunities and Employment Claims. A Critical Appraisal, written by Pierfrancesco Rossi

International Law Immunities and Employment Claims. A Critical Appraisal, written by Pierfrancesco Rossi

Гарантии получения заработной платы при несостоятельности работодателя: реализация и перспективы

The state of legal regulation of guarantees for receiving wages in case of insolvency of the employer is considered. The legislative and law enforcement aspects of its improvement are substantiated. Legislative initiatives to protect wages through the creation of insurance funds are being evaluated. Based on the analysis of judicial practice, ways are proposed to improve the system of privileges aimed at protecting the material claims of employees during the bankruptcy procedure.

Scoping Review of Employer-Led Research Using Employee Health Claims Data.

Employers may evaluate employee claims data for various reasons, including assessment of medical insurance and wellness plan efficacy, monitoring employee health trends, and identifying focus areas for wellness measures. The objective of this scoping review (ScR) is to describe the available literature reporting the use, applications, and outcomes of employee health claims data by self-insured employers. The ScR was conducted in a stepwise manner using an established framework: identifying the research question, identifying and selecting relevant studies, charting the data, and collating and reporting results. Literature searches were conducted in PubMed and Embase. Studies of self-insured employee populations that were conducted by the employer/s through May 2022 were identified using predefined criteria. Forty-one studies were included. The majority (90%) were cohort study designs; most employers (51%) were in industries such as aluminum production and health insurance providers. Twenty-four (59%) studies supplemented claims data with other sources such as human resource data to evaluate programs and/or health outcomes. A range of exposures (eg, chronic conditions, wellness program participation) and outcomes (eg, rates or costs of conditions, program effectiveness) were considered. Among the 25 studies that reported on patient confidentiality and privacy, 68% indicated institutional review board approval and 48% reported use of deidentified data. Many self-insured employers have used employee health claims data to gain insights into their employees' needs and health care utilization. These data can be used to identify potential improvements for wellness and other targeted programs to improve employee health and decrease absenteeism.

ОСОБЕННОСТИ ИНДИВИДУАЛЬНЫХ ТРУДОВЫХ СПОРОВ, РАССМАТРИВАЕМЫХ СУДАМИ, И РАСПРЕДЕЛЕНИЕ В НИХ ОБЯЗАННОСТИ ПО ДОКАЗЫВАНИЮ

Within the framework of this article, the author analyzes the existing features of individual labor disputes considered by the courts, as well as scientific discussion regarding such features. Also, within the framework of this issue, the specifics of the distribution of the burden of proof are investigated when courts consider certain categories of employee and employer claims.

On some aspects of the fight against mobbing: problems of rulemaking and judicial practice

The article is devoted to the analysis of the problem of combating mobbing. The article substantiates that mobbing is not just an interdisciplinary concept, but also quite thoroughly rooted in common sense. Second, the everyday understanding of mobbing is clearly manifested in the claims of employees against employers, which were analyzed in the article. It was concluded that a request for a legislative ban on mobbing and its delineation was already quite ripe in society. The authors proposed a definition of mobbing, which they propose to include in the Labor Code of the Russian Federation. Also, the authors analyzed the current capabilities of employees in the fight against vertical mobbing (bossing). In particular, attention was paid to the provision of Art. 195 of the Labor Code of the Russian Federation, which gives the right to the representative body of employees to demand that the head of the organization be brought to disciplinary responsibility up to dismissal. The grounds for dismissal, which can be applied to the manager in the event of a boss, are analyzed. It was concluded that without a legislative ban on mobbing, bringing the head of the organization to justice is quite difficult. Also, by-laws, which mention mobbing, in the field of education, were analyzed. It was concluded that the state and local governments are making certain efforts to combat mobbing, but these efforts are aimed at mobbing in relations between students. As for the fight against mobbing of teachers in relation to students and each other, the authors identified 3 grounds for dismissal, according to which, according to the current legislation and judicial practice, a teacher can be dismissed.

DOES THE PRESCRIPTION ACT APPLY TO CLAIMS UNDER THE LABOUR RELATIONS ACT?

The applicability or otherwise of the Prescription Act 68 of 1969 to claims under the Labour Relations Act 66 of 1995 (LRA) is a hot topic in contemporary labour law. In particular, questions as to whether an arbitration award, an unfairly dismissed employee’s claim, an order of reinstatement, or a claim for arrear wages could be thrown out of court for having prescribed have been encountered in at least four recent decisions of the Constitutional Court of South Africa – Myathaza v JHB Metropolitan Bus Service (SOC) Ltd t/a Bus Metrobus 2018 (1) SA 38 (CC); Mogaila v Coca-Cola Fortune (Pty) Ltd 2018 (1) SA 82 (CC); FAWU obo Gaoshubelwe v Pieman’s Pantry (Pty) Ltd (2018) 39 ILJ 1213 (CC); and NUMSA obo Fohlisa v Hendor Mining Supplies (A Division of Marschalk Beleggings) (Pty) Ltd (2017) 38 ILJ 1560 (CC). Given the environment in which labour disputes take place, and that expedition is of the essence in a regulated dispute resolution process, one could conceive of a reinstatement claim arising from a labour dispute being caught by the general limitation on lodging civil claims after three years. The rationale for limiting the period during which civil claims may be made ought, mutatis mutandis, also to apply to matters arising from employment claims – especially if it is borne in mind that expedition is at the heart of the settlement of labour disputes. In the absence of any mention of a time-bar for laying reinstatement claims under the LRA (except for the 30 days for referring a dispute of unfair dismissal or 90 days for unfair labour practice to a bargaining council or the Commission for Conciliation, Mediation and Arbitration (CCMA) (s 191)), it is not surprising that the applicability or otherwise of the prescription period of three years has been in issue in a number of reinstatement claims.

Never Assume What Your Clients Know About Mediation and Arbitration

The alternative dispute resolution revolution is certainly present in the U.S legal system. Many legal disputes are subject to mandatory mediation, whether by contract, statute, court rule, or court order. See, e.g., Ben Barlow, “Divorce Child Custody Mediation: In Order to Form a More Perfect Disunion?” 52 Cle. St. L. Rev. 499, (2004‐2005) (discussing mandatory mediation in the context of family cases); Michael Z. Green, “Proposing a New Paradigm for EEOC Enforcement after 35 Years: Outsourcing Charge Processing by Mandatory Mediation,” 105 Dick. L. Rev. 305 (2001) (discussing mandatory mediation of employment claims).

Ochrona roszczeń pracowniczych w razie upadłości konsumenckiej

Protection of employees claims in case of consumer bankruptcy The article presents the issues of protection of employee claims in the event of bankruptcy of a natural person not conducting business activity (the so-called consumer bankruptcy). The issues raised are analysed both under the provisions of the Bankruptcy Law and the Act on the Protection of Employee Claims in the Event of Employer Insolvency.

A stakeholder resource-based view of corporate social irresponsibility: Evidence from China

Following the stakeholder resource-based view (SRBV), we conceptualize the value relevance of corporate social irresponsibility (CSI) based on the stakeholders’ bargaining power and interests in the well-being of the firm, and classify the stakeholders into residual claimants (i.e., customers, shareholders) and fixed claimants (i.e., employees, environment). Using curated detailed news data of 816 CSI episodes and 56,503 Chinese government daily publications from June 2006 to July 2012, we find that CSI episodes alienating residual claimant stakeholders lead to greater shareholder value destruction. Drawing from the stakeholder salience, we find that CSI episodes alienating high legitimacy claims of shareholders and customers, high urgency claims of employees, and powerful claims of customers result in a more pronounced underperformance. Although there are potentially overlapping boundaries between fixed and residual claimants under special circumstances, the findings provide implications for firms making strategic decisions involving multiple stakeholders.

The Impact of a State-Based Workers' Compensation Insurer's Risk Control Services on Employer Claim Frequency and Cost Rates.

This study evaluated the impact of a state workers' compensation (WC) insurer's onsite risk control (RC) services on insured employers' WC claim frequency and cost. We used two methods to model 2004 to 2017 claims data from 4606 employers that received RC visits over time and compare this claims experience to matching employers that did not receive RC services. Relative total WC claim rates increased slightly after RC services, while relative lost-time claims rates either remained similar or decreased and WC cost rates decreased. The impact of RC services on reducing WC costs was cumulative up to the fourth visit but diminished thereafter. The insurer RC consultation program was effective in reducing WC cost rates for serviced employers. This is consistent with other research conducted on insurer RC services and related regulatory visits.

Delotvornost domaćeg sistema zaštite potraživanja zaposlenih u slučaju stečaja poslodavca

In this paper, the author analyses the ways in which the claims of employees in bankruptcy proceedings against their employer are protected. The first part of the paper discusses various modalities of protection that are applied alone or in combination with other means, all in order to provide a better protection framework for employees in bankruptcy. The central part of the paper is dedicated to the issue of the effectiveness of the Serbian protection system, which is measured by the number of settled claims of this type for creditors in bankruptcy proceedings, i.e. the number of upheld claims before the Solidarity Fund. In order to achieve the desired goal, it is necessary to place the protection of employees' claims in a broader context, which implies the harmony of the institutes of labour and bankruptcy law. As this is not the case in Serbia, the author points out a number of problems that arise in practice as a result, which were identified through interviews with employees of the Solidarity Fund and an analysis of reports on the work of this institution published since its establishment. At the very end, a comparative review shows that labour law mechanisms for the protection of employees are limited, and that, in that sense, expanding them to employers who have not initiated formal bankruptcy proceedings could be considered (with adequate adjustments). It is a unique theoretical proposal that deserves attention since the paper starts from the hypothesis that the system of protection of employees in terms of unsettled claims would be much more effective if they were more familiar with the work of the Solidarity Fund and if the way in which the Fund's work is organized was different.

ЩОДО ЗАПОБІГАННЯ ІНДИВІДУАЛЬНИМ ТРУДОВИМ СПОРАМ

The paper analyses the peculiarities of prevention of labor disputes through the implementation of grievance procedures at the enterprise level. The existing mechanisms for resolving individual labor disputes in Ukraine cannot be called fully effective, which is primarily due to the lack of balanced legislative regulation of this issue. In addition, the result of the resolution of an individual labor dispute does not always lead to the satisfaction of the interests of both sides of the employment relationship – the employee and the employer. In this regard, an important place in the current labor law belongs to the procedures for preventing labor disputes. These procedures are generally implemented at the local level, through the prism of consideration by the employer of the grievances of employees related to the existing conflict situations in the working environment. National legislation does not contain any requirements for employers to deal with employee grievances. Such procedures can be part of the employer's internal labor rules and regulations, or be developed in the form of a separate local normative act of the employer. The grievance procedures are not uniform and primarily depend on the organizational structure and economic capabilities of a particular employer. But in any case, such procedures must: be developed and approved with the active participation of trade unions or other employee representatives; set quick deadlines for implementation and avoid unnecessary formalism; contain effective measures to ensure the safety of confidential information; be simple in content; ensure that employees are informed of all steps and measures taken as part of the grievance procedure; ensure the right of employees to be accompanied by trade union representatives or other employees at all stages of consideration of complains; ensure the principle of equal rights and opportunities for men and women. The adoption of the grievance procedures at the enterprise enables employees and employers to independently resolve individual conflicts that arise in the field of work and may subsequently result in labor disputes. A properly functioning procedure for handling employee claims will not only help prevent labor disputes, but will also allow prediction and elimination of their occurrence in the future. In addition, the existence of such a procedure, which is also aim at resolving conflict situations directly between employees, will have its overall positive effect, strengthening among employees a sense of fairness, coherence of interests and trust in the employer.

An analysis of financial management practices in the regional health office (Kalutara) Sri Lanka

Background - As money is a major resource, its proper management is very important to obtain maximum benefits from available funds. The regional director of health services (RDHS) office, Kalutara, Sri Lanka is the office responsible for carrying out curative, preventive, and rehabilitative health services for the people through the health institutions coming under the provincial administration. The objective of this case study was to review the financial management practices at the regional health office, Kalutara. Methodology - Key informant interviews, focus group discussion and desk review of financial records, reports, circulars, and guidelines were used to gather data. SWOT analysis is used to assess the strength, weaknesses, opportunities, and threats. TWOS matrix had been prepared to identify the strategies to improve the financial management practices of the regional health office, Kalutara. Results - Utilization of almost all funds received to the office and good commitment of regional director office staff was their main strength. They have weaknesses like poor monitoring and evaluation of financial and physical progress, unnecessary cut down of employee claims, and OTs, misplacement of vouchers, and audit queries. Conclusions – This study recommended convincing the political leadership to obtain more funds, establish a fair monitoring mechanism to assess the physical and financial progress of the projects, requesting adequate financial allocations to pay the full claim, and overtime and regional health office staff and institutions heads should be given the training to conduct works to minimizing the audit queries. Keywords: Financial management, SWOT analysis, TWOS matrix

Povinné pojištění agentury práce proti úpadku a jeho osud

The article primarily deals with the issue of bankruptcy insurance of the employment agency, while pointing out the possible pitfalls of the institute. It can be stated that the said insurance has not fulfilled its role since its inception to the present day, and on the contrary it brings into practice various problems, which are described in more detail in the article. It is therefore legitimate to consider further existence of the institute, or rather whether it should be abolished, as the claims of temporarily assigned employees will be satisfied through a different law like the claims of other employees.

Changes in Drug List Prices and Amounts Paid by Patients and Insurers

High out-of-pocket drug costs can cause patients to skip treatment and worsen outcomes, and high insurer drug payments could increase premiums. Drug wholesale list prices have doubled in recent years. However, because of manufacturer discounts and rebates, the extent to which increases in wholesale list prices are associated with amounts paid by patients and insurers is poorly characterized. To determine whether increases in wholesale list prices are associated with increases in amounts paid by patients and insurers for branded medications. Cross-sectional retrospective study analyzing pharmacy claims for patients younger than 65 years in the IBM MarketScan Commercial Database and pricing data from SSR Health, LLC, between January 1, 2010, and December 31, 2016. Pharmacy claims analyzed represent claims of employees and dependents participating in employer health benefit programs belonging to large employers. Rebate data were estimated from sales data from publicly traded companies. Analysis focused on the top 5 patent-protected specialty and 9 traditional brand-name medications with the highest total drug expenditures by commercial insurers nationwide in 2014. Data were analyzed from July 2017 to July 2020. Calendar year. Changes in inflation-adjusted amounts paid by patients and insurers for branded medications. In this analysis of 14.4 million pharmacy claims made by 1.8 million patients from 2010-2016, median drug wholesale list price increased by 129% (interquartile range [IQR], 78%-133%), while median insurance payments increased by 64% (IQR, 28%-120%) and out-of-pocket costs increased by 53% (IQR, 42%-82%). The mean percentage of wholesale list price accounted for by discounts increased from 17% in 2010 to 21% in 2016, and the mean percentage of wholesale list price accounted for by rebates increased from 22% in 2010 to 24% in 2016. For specialty medications, median patient out-of-pocket costs increased by 85% (IQR, 73%-88%) from 2010 to 2016 after adjustment for inflation and 42% (IQR, 25%-53%) for nonspecialty medications. During that same period, insurer payments increased by 116% for specialty medications (IQR, 100%-127%) and 28% for nonspecialty medications (IQR, 5%-34%). This study's findings suggest that drug list prices more than doubled over a 7-year study period. Despite rising manufacturer discounts and rebates, these price increases were associated with large increases in patient out-of-pocket costs and insurer payments.