Employment Contract Research Articles

Mediating power of career adaptability between decent work and quality of life: study with tourism independent workers

The promotion of decent work plays a central role in the transformation of tourism into a sustainable activity. The literature on this topic has multiplied, but it is imperative to pay more attention to workers in the potentially most vulnerable sectors, such as those without employment contracts and without formal higher education. The aim of this study on independent workers in tourism is to investigate how they perceive their work as decent and to analyze their quality of life. In addition, the study aims to analyze the mediating effect of career adaptability on the relationship between decent work and quality of life. The sample consists of 228 tourism workers in Portugal, mainly women, aged between 19 and 71 years. The results support the hypothesis that decent work can improve the quality of life of workers in the tourism industry. They also show that decent work is associated with a greater likelihood that workers are able and feel confident to adapt to changing tasks, to engage in continuous training and to manage their careers, which has a positive impact on their quality of life. The importance of prioritizing decent work and psychosocial resources to cope with the changing working and working conditions of the independent workers in the tourism sector in Portugal is discussed.

Fragmentation in the European and Inter-American Human Rights Courts Regarding the Scope of Religious Autonomy: An Analysis of the Use of Sources and Methodologies

ABSTRACT Fragmentation in International Human Rights Law (IHRL) may affect the universality of human rights norms and their legitimacy. This article analyses a recent case of contradiction between the European and the Inter-American Court of Human Rights (IACHR) regarding employment contracts of religious education teachers and the scope of religious autonomy. These courts reached contradictory conclusions on key substantive issues because they used different ways of framing the issue at stake, and different legal sources and interpretative methodologies. The analysis reveals that while the European Court of Human Rights (ECHR) relied on the use of comparative law, a test of proportionality, and the margin of appreciation, the IACHR relied mainly on American domestic law and the opinions of two expert witnesses. In this case, the IACHR could learn from the approach of the ECHR to develop a more rigorous legal methodology in order to keep the coherence of the international legal system.

Civil Liability for Breach of Employment Contract

Civil Liability for Breach of Employment Contract

Effectiveness of Recruitment and Selection in Improving Employee Performance at PNM Mekaar Unit Kadur 2

Recruitment is to provide qualified prospective employees in line with the company’s strategy, insight and values to help reduce the possibility of employee turnover. The recruitment process at PMN Mekaar Unit Kadur 2 pays more attention to the quantity aspect. This can be seen from the fact that prospective employees who register there are accepted easily, because the conditions are easy and the process is short. The focus of this research is the recruitment and selection process in improving employee performance at PNM Mekaar Unit Kadur 2. The objective of this research are to 1) determnine the employee recruitment and selection process, 2) identify obstacles in the recruitment adn selection process, and 3) determine the effectiveness recruitment and selection in improving employee performance at PNM Mekaar Unit Kadur 2. The methot use in this research is qualitative descriptive analysis technique with basic research. For data collection, interview techniques, focus groups, documentation were used. The result of the research show that 1) The stages of the recruitment process include employee request, publication of job vacancies, application process, job interviews and psychological tests, employee selection and field test, and employment contracts. 2) The obstacle faced by the company is that employees easily get discouraged, due to the toxic environment and non compliance with work contracts, and 3) Through the five effectiveness criteria, recruitment and selection are found to be ineffective. Meanwhile, through the six employee perfomance criteriam the recruitment and selection process has a very positive effect on employee performance in the quality, quantity and cost effectiveness indicators and has a negative effect on employee performance in the timelines, need for supervision and interpersonal impact indicators.

Eksplorasi Fraud Intention pada Karyawan Ditinjau dari Status Hubungan Kerja

Fraud is an action carried out by individuals to seek personal gain at the expense of others. These events lead to large financial losses for the company. This study aims to explore fraud intention among 116 employees based on their employment status. The research employs a quantitative method with a sample of 116 employees positioned as crew store. The participants in this study consist of both contract and permanent employees. The data analysis technique used in this study is descriptive statistical analysis. Fraudulent behavior is difficult to measure; therefore, the instrument in this study uses a development from the theory of planned behavior to measure individual intentions. The results of the study indicate a difference in fraud intention between contract and permanent employees. Overall, the findings show that permanent employees have the highest average scores. Because the measurement of fraud intention in permanent employees is higher than contract employees, therefore, permanent employees have more fraud intention towards the agency than contract employeesKata kunci: fraud, intention to commit fraud, employment status

İş Sözleşmesinin Taraflardan Birinin Ölümü ile Sona Ermesine Bağlanan Hukuki Sonuçlar Üzerine Genel Bir Değerlendirme

Taraflardan birinin ölümünün iş sözleşmesinin akıbetine etkileri ve buna bağlı olarak ortaya çıkan hukuki sonuçların belirlenmesinde çeşitli hukuki soru ve sorunlarla karşılaşılmaktadır. Kural olarak, işverenin ölümü halinde iş sözleşmesinin varlığını sürdürdüğü, işçinin ölümünde ise sona erdiği kabul edilmektedir. Bununla birlikte, bazı hallerde işverenin ölümü de iş sözleşmesinin kendiliğinden sona erdiren bir sebep teşkil etmektedir. Bu durumda iş sözleşmesi sona eren işçinin haklarının belirlenmesi önem taşımaktadır. İşverenin ölümü açısından ele alınacak hukuki sorunlar; hangi hallerde iş sözleşmesinin kendiliğinden sona ermiş sayılacağı, kendiliğinden sona ermeye bağlı olarak Türk Borçlar Kanunu’nda düzenlenen hakkaniyet tazminatına hangi koşulların varlığı halinde hak kazanılabileceği ve bu tazminatın miktarının belirlenmesinde dikkate alınması gereken esaslar ile iş sözleşmesinin türünün etkisi, ölüm nedeniyle iş sözleşmesi kendiliğinden sona eren işçinin hak sahiplerinin kıdem tazminatına hak kazanıp kazanamayacağı noktalarında toplanmaktadır. İşçinin ölümü bakımından ise, sözleşmenin akıbeti belli olmasına karşılık yasal mirasçıları ile diğer hak sahiplerinin işverenden talep edebileceği çeşitli hakların belirlenmesinde bazı sorunlarla karşılaşılabilmektedir. Çalışmamızda, iş sözleşmesinin taraflardan birinin ölümü ile sona ermesine bağlanan hukuki sonuçların, İş Kanunu kapsamındaki iş ilişkileri ile sınırlı olarak mevzuat, güncel yargı kararları ve İsviçre Hukuku ile karşılaştırmalı olarak ele alınması amaçlanmıştır. Bu çerçevede, Türk Borçlar Kanunu ile mülga 1475 sayılı İş Kanunu’nun yürürlükte olan kıdem tazminatına ilişkin 14. maddesinde yer alan düzenlemeler çerçevesinde, Türk Borçlar Kanunu ile getirilen ölüme bağlı müteakip ücret ödeme yükümlülüğünün hukuki niteliği, kapsamı, hak sahipleri, ödenecek miktar ile benzer alacak ve tazminatlarla ilişkisi değerlendirilecektir.

Legal Protection for Directors Related to Agreements with Third Parties that Cause Losses to the Company

The Board of Directors is obliged to take responsibility for its actions on the employment contract agreement of any responsibility born of any transaction or employment contract activity carried out by it in accordance with the duties and responsibilities given by the board of commissioners to it as a director of the company, with the consideration that the activity has been carried out with due regard to prudential standards and good faith from the duties and functions as a director. The research method used is normative juridical research using primary, secondary, and tertiary legal materials and research places, data collection techniques in this research are literature studies and document studies and interviews, data analysis is carried out by collecting, classifying, and analysing based on the results of literature study research and studies in several companies, the results of the study show that the legal protection of the Board of Directors on agreements with third parties that harm the company so that if something undesirable happens, the sanctions for violations of the Board of Directors in their position as budget users will face criminal, civil and administrative sanctions. So that directors who get authority based on applicable laws and regulations in carrying out a work contract activity either obtained through delegation of authority, then have fulfilled the criteria in each agreement.

The Right Compensation System Balances Performance, Motivation and Willingness to Work on Daily and Contract Employees (Case Study in Manufacture Company PT. Wira Maju Bersama)

The manufacturing industry is faced with the challenge of designing an effective and fair compensation system for two distinct groups of employees: day and contract employees. The ideal compensation system should balance the performance, skills, motivation, and willingness to work of these two groups of employees. Compensation between employees is of course not the same value. This is because compensation is measured based on the level and performance of each employee. The problem that often arises is the openness of the company in providing compensation to each employee researchers also found that the existing compensation system is less effective in motivating employees and increasing the willingness to work on both groups of employees, namely daily and contract employees. The purpose of this study is to understand how the current compensation system affects the balance and know that compensation must be done in accordance with the hard work of employees. Compensation will also affect employee performance, meaning that appropriate compensation will make employees more motivated and willing to work harder, especially for daily and contract employees. The research method used is quantitative with data collection techniques through questionnaires given to 15 daily employees and 15 contract employees at PT Wira Maju Bersama. The results of this study showed that compensation and motivation have a positive and significant effect on the willingness to work and employee performance. Willingness to work also has a positive and significant effect on employee performance. Simultaneously compensation and motivation affect the willingness to work and variable compensation, motivation, and willingness to work affect employee performance.

The Impact of Physical And Non-Physical Work Environment On Employee Productivity

The objective of this study is to evaluate the influence of the physical and non-physical work environment on employee productivity within the Social and Community Welfare Section of Indragiri Hilir Regency. The research method employed was quantitative. The population under investigation was all civil servants and contract employees in the Social and Community Welfare Section, a total of 32 individuals, with a census sampling technique. Data collection was conducted using questionnaires, while data analysis was performed with the use of SPSS software. The results demonstrated that the physical and non-physical work environment exerts a positive influence on employee productivity.

THE LEGAL POSITION OF THE HUMAN RESOURCES POSITION IN REPRESENTING THE LEGAL INTERESTS OF EMPLOYERS IN THE WORK AGREEMENT BETWEEN EMPLOYERS AND EMPLOYEES

Human resources positions in companies hold a strategic role in empowering and optimizing employee performance, which contributes to the company’s progress. As an employee of the company, the human resources position holds a legal position in managing employee matters and board of directors policies that represent the company’s interests. In order to carry out this role, the human resources position requires authorization in order to ensure a strong legal foundation, thus ensuring that the actions taken are not detrimental to the company. This research applies normative juridical method with secondary data collected through literature study and analyzed qualitatively normative. HR’s position is important in representing the employer’s legal interests, but is limited by company regulations. Delegation of legal authority must be regulated by law and cannot be arbitrary. Rights and obligations in the employment agreement remain with the employer unless there is an official power of attorney. Without a power of attorney, HR actions are invalid. Proper delegation provides a strong legal basis for HR, especially in employment agreements. Employment Law emphasizes the importance of official delegation for HR actions to be valid, so without a power of attorney, legal responsibility becomes personal, not corporate.

Exploring Termination of Employment Based on Serious Criminal Offences

There has not arisen any case laws post-Decision of the Constitutional Court No. 012/PUU-I/2003 and enactment of Article 52 paragraph (2) of Government Regulation No. 35 of 2021 to show how the Constitutional Court decision is being interpreted and applied by judges. The authors propose a future model for judges who will be adjudicating disputes in the Industrial Relations Court, that they may set aside rules which conflict with principles of law. The decision of the Constitutional Court stated that a reason for termination of employment due to serious violations pertaining to criminal acts perpetrated by workers as detailed in Article 158 of the Employment Law contradicting the 1945 Constitution having no binding force. Using normative legal research the authors argue that judges, based on several principles of law with independence of judiciary principle on their top, may disregard controversial regulation as the basis to justify the employment termination. It is argued as such, although the rule is still in full force as implementing law of a new Law on Job Creation. The new Law seemingly re-legalizes the right of employers to terminate employment due to acts of violation committed by workers as regulated in employment agreements, company regulations, or collective labor agreements. Based on the theory of Dignified Justice judges if any future disputes on termination of employment due to the controversial rule occurred may decide in favor of the employee based on important principles of law rather than the controversial rule. This will clarify the uncertainty of understanding among some circles that the Constitutional Court Decision could simply be annulled by Article 52 of Regulation No. 35 of 2021.

Insecure maternal employment and children's behaviour difficulties: Evidence from the longitudinal study of Australian children

Although a large body of research has documented the negative effects of insecure employment for adult workers, less is known about the consequences for their children's well-being. Our understanding of the mechanisms through which insecure maternal employment may affect children is particularly limited. This study examines the relationship between insecure maternal employment and child behaviour difficulties from the age of 4–16 using seven waves of data for nearly 5000 families from Growing Up in Australia: The Longitudinal Study of Australian Children. Employing fixed effects models to account for unobserved time-invariant heterogeneity, we found that children whose mothers were casual contract employees or economically inactive had greater behaviour difficulties, on average, than their peers whose mothers were permanent employees. Maternal mental health and parenting, rather than household financial strain, contributed to explaining the association between insecure maternal employment and child behaviour difficulties. These results were more pronounced for younger children (up to the age of 12). This study contributes to the literature on the consequences of maternal employment insecurity for child mental health in high-income countries by clarifying the mechanisms behind this association.

Обмежені речові права на земельні ділянки сільськогосподарського призначення: стан і перспективи

The article is dedicated to the realization of limited property rights to agricultural land plots. The author thoroughly examines the regulatory and legal framework of this issue and its doctrinal elaboration. The problematic aspects related to the realization of limited property rights are highlighted. It is noted that the current legislation lacks a clear definition of “limited property rights,” but such a concept may emerge during the update of civil legislation. The scientific literature presents a moderate view on the legal nature of limited property rights, necessitating a summary of different perspectives. The author’s proactive proposals for amending the current legislation are a significant step towards eliminating the existing gaps and ensuring legal certainty in the regulation of the relevant relations. The author also establishes that in today’s environment, the variability of property rights in terms of their content comes to the fore, which calls into question the absolute nature of these rights. This circumstance necessitates a study of an actual contract or a dispositive transaction, given that they (these rights) may be the objects of such contracts or transactions, and this requires the development of a universal contractual basis for the establishment of property rights. It is proposed that within the framework of recodification of civil legislation and considering the peculiarities of the national legal system and the specifics of national legislation, it is possible to consider the introduction of such a structure since this will ensure an inevitable unification of national legislation with EU legislation. In this study, the author used legal analysis and synthesis, systemic and structural, and comparative legal and formal logical methods to analyse the relevant legislation and doctrine and propose amendments to civil legislation. Keywords: freedom of will of the parties to the employment contract; change of employment contract, employee, employer, labor relations, work, labor contract, parties of labor contract, transfer, transfer, change of essential working conditions, right to work.

ANALYSIS OF APPROPRIATE EMPLOYMENT BENEFITS WITH PSAK 24 ON PT. TRI STARMANDIRI

This study aims to find out how the application of employee benefit accounting at PT. Tri Star Independent. Researchers took the object of research at PT. Tri Star Independent. The data analysis method used is qualitative analysis with a descriptive approach. This research data is obtained from primary and secondary data. Data collection techniques in the form of literature research and field research are direct interviews with the company, namely the head of the finance room. The results of research at PT. Tri Star Mandiri can be concluded that the benefits of employment at PT. Tri Star Mandiri can be categorized into four categories based on PSAK 24, namely short-term employee benefits, postemployment benefits, long-term benefits and severity pay for termination of employment contracts. Of the four employee benefits, only short-term employee benefits applied are in accordance with PSAK 24. While the other three employee benefits, namely post-employment benefits, long-term benefits, and severity pay, are only post-employment benefits for defined benefit programs applied and are in accordance with PSAK 24 while defined contribution programs are not applied and long-term employee benefits, severance has not been applied so it does not need to be adjusted to PSAK 24.

Характеристика свободи волі працівника і роботодавця при зміні трудового договору під кутом комунікативної раціональності

The article aims to characterize the freedom of will of the employee and the employer when changing the employment contract from the perspective of communicative rationality. The author notes that the employee’s labor process during the exercise of his right to work at the employer’s enterprise, institution, or organization inevitably involves communication between the parties to the employment contract. Attention is focused on the development of legal regulation of relations with the realization of the right to work, which, with the development of society, was able to cover numerous collectives, uniting workers, and using work as a means of joint activity. It is proven that by being equal at the stage of concluding an employment contract and freely expressing their will, the employee and the employer do not lose this equality and this right to be in a legal relationship according to their will. This morality has acquired normativity thanks to the design of the modern content of the norm of Article 32 of the Code of Criminal Procedure of Ukraine. It is concluded that the communication of the parties to the employment contract, which takes place during the production process, allows the employee and the employer to decide on further actions, to understand what is needed both to continue the efficiency of the enterprise and to open a new potential of these relations, and to direct the change of the employment contract precisely to it. Due to the manifestation of the free will of the parties to the employment contract, the boundaries of which are defined by the norms of the current legislation, built considering the moral-normative substance, identification of one’s place in the given legal relationship or outside of it for the nearest period takes place. The apparent meaning of the agreement as an agreement of the parties, which is the basis of the employment contract, determines the directions and algorithms for possible changes to the latter: with the consent of both parties, in the case of agreement of the conditions covered by the content of the employment contract, but not against the will of the other party, forcibly. Keywords: freedom of will of the parties to the employment contract; change of employment contract, employee, employer, labor relations, work, labor contract, parties of labor contract, transfer, transfer, change of essential working conditions, right to work.

Immersion of Venezuelan Migrant Workers in Colombia

Objective: this research aims to determine the opportunities offered by various societies, which exercise employment contracts, focusing on subjects with migration circumstances, in this case Venezuelans; examining the global challenges and perspectives that a state assumes, the impact that this phenomenon causes on society, along with its consequences and the adaptation processes in the work environment. Theoretical Framework: The driving factors of migration are investigated from the economic, social, political and demographic order. Method: A socio-legal approach and a qualitative paradigm are used, since the information is collected and selected through reading articles, bibliographies and virtual and in-person meetings. Ideas were exchanged and the different research that was found to contribute to the development of the central theme was socialized. Results and Discussion: The main reasons for migration and the working conditions that the state grants to migrants were determined. Research implications: A wide range of areas are covered, from public policies to labor and social practices. Originality/Value: This research examines various aspects from multifaceted perspectives with main relevance in political and social relations.

Legal Certainty Of Oral Employment Agreements On Workers' Rights Carried Out By Termination Of Employment

Legal Certainty Of Oral Employment Agreements On Workers' Rights Carried Out By Termination Of Employment

Property tax deduction to an employee: peculiarities of provision by medical organizations

The study is devoted to the analysis of the procedure for providing a property tax deduction for personal income tax to employees of medical organizations. It is noted that the deduction to employees can be provided only for the employee’s expenses for the purchase of residential property in the presence of several documents if the person works under an employment contract. It was noted to which types of employee’s income the property tax deduction can be applied. Disclosed documents that must be received by the employer to provide them with deductions. We considered the situations when providing a deduction not from the beginning of the tax period and disclosed the actions of the employer that he must take to avoid claims from the inspection authorities. Cases on granting property tax deductions to an employee in various situations were analyzed.

Gender segregation: analysis across sectoral dominance in the UK labour market

This paper aims to evaluate how changing patterns of sectoral gender segregation play a role in accounting for women’s employment contracts and wages in the UK between 2005 and 2020. We then study wage differentials in gender-specific dominated sectors. We found that the propensity of women to be distributed differently across sectors is a major factor contributing to explaining the differences in wages and contract opportunities. Hence, the disproportion of women in female-dominated sectors implies contractual features and lower wages typical of that sector, on average, for all workers. This difference is primarily explained by “persistent discriminatory constraints”, while human capital-related characteristics play a minor role. However, wage differentials would shrink if workers had the same potential and residual wages as men in male-dominated sectors. Moreover, this does not happen at the top of the wage distribution, where wage differentials among women working in female-dominated sectors are always more pronounced than those among men.

The Challenges of Migration: Xenophobia and Discrimination from the Perspective of Orthodox Christian Theology

Although our country has so far been bypassed by an aggressive phenomenon of migration, as has been happening for several decades in the West, nevertheless, in recent years, more and more emigrants from various countries with severe economic problems (Sri Lanka, Pakistan, India, Syria, Afghanistan, etc.) emigrated or were brought under employment contracts, to work in different fields of activity: construction, delivery, sanitation and others. The lack of local labour force, the majority of which emigrated, in turn, to the countries of the European Union, contributed significantly. This phenomenon comes with a series of challenges related to xenophobia, discrimination, racism, exploitation, abuse or even violence, generated by differences in mentality, culture, national identity or religion. From the perspective of the Orthodox Christian faith, we must address these challenges, referring to the landmarks we find in the Holy Scriptures and in patristic literature, trying to find those bridges of communication that could solve these problems.