Employment Contract Research Articles

Shifting National Holiday Times In the Context of the Labor Law System

In the world of labor today, companies often shift national holiday time for power efficiency, but the rule that working on official holidays must be counted as overtime creates two different perceptions of the shift. The company applies national holidays to weekdays so that the company considers it normal work, but workers see it as a shift. Normative research analyzes laws and regulations. This research inventories and analyzes legislation on adjusting national holiday time in Indonesia's labor law system to determine workers' rights and obligations on government-set holidays and the legal basis for doing so. The study found that employers can order workers to work on government-set public holidays if they meet certain conditions and obligations based on statutory provisions, employment agreements, or collective labor agreements, which are supervised by the government, in this case the Ministry of Manpower, by imposing administrative and criminal penalties. provided that it meets the law and its implementing rules and work agreements or collective bargaining agreements pertaining to the nature and type of labor and the responsibility for Employers to pay overtime compensation for work on public holidays to Laborers.

Individual labor relations: theoretical and legal aspect

The article is devoted to an actual and significant topic today concerning individual labor relations. This is justified by the fact that individual labor relations regulate mutual interests agreed between the parties to the employment contract. This article analyzes the essence of individual labor relations and their place in the field of labor law along with relations directly related to labor. Their structure is considered, the elements are analyzed. The distinctive features of individual labor relations are formulated taking into account modern reality. The author’s definition of the category under study is presented.

Admission to work and conclusion of an employment contract: issues of protection of labor rights of employees

The article examines the issues of protecting the labor rights of workers during their admission to work and the subsequent conclusion of an employment contract. The article deals with the problems that arise when the employer does not have local regulations on admission to work, the issues of the employer’s self-examination, the introduction of labor compliance and a possible labor audit as an external independent verification of the actions (inaction) of the employer’s officials in compliance with labor law norms.

The employment status of the sportsperson: The Belgian case

For many athletes, sport will always be seen as their greatest passion, but in addition, for some, sport has also become an economic activity, an activity through which one can earn income. Both professional athletes and (so-called) amateur athletes may conclude contracts with their clubs or federations, which also determine the (possible) variable and/or fixed remuneration they obtain in return for their performances. As sport can be seen as a form of employment, the key question to be asked is whether these contracts should be seen as employment contracts and, consequently, whether these athletes are all employees. This article wishes to contribute to the search for answers to this question. The research is limited to the Belgian legal system but has the ambition to feed a broader discussion. Starting from Belgian labour law, the article examines which conditions must be met in order to speak of an employment contract (labour, remuneration and authority). It can be concluded that many (paid) athletes, especially football players, will meet the legal conditions to be considered employees. This contribution focuses on team sports, with football as a typical example, because in this context exercise of authority is more obvious and discussions on the relationship with labour law are most acute. Furthermore, this article examines the specific legislation and jurisprudence concerning athletes. In the Belgian legal order, sports professionals constitute a separate category to which the legislator has given special status by adopting a lex specialis to the general Employment Contracts Act. Nevertheless, there are still discussions about the social protection these sports professionals enjoy compared to regular employees and non-professional athletes. Beyond that, the status of athletes who do not reach the remuneration threshold to fall within the scope of the Sports Professionals Act, remains unclear. Recently, a dichotomy was created within paid amateur football, showing a desire to keep some athletes out of the scope of labour law. However, labour law is mandatory in nature, so the question is whether this dichotomy can continue to exist. This article will make it clear that the relationship between labour law and sport remains a difficult one.

Exploitation and the Desirability of Unenforced Law

Many business transactions and employment contracts are wrongfully exploitative despite being consensual and beneficial to both parties, compared with a nontransaction baseline. This form of exploitation can present governments with a dilemma. Legally permitting exploitation may send the message that the public condones it. In some economic conditions, coercively enforced antiexploitation law may harm the people it is intended to help. Under these conditions, a way out of the dilemma is to enact laws with provisions that lack coercive enforcement. Noncoercive law would convey the state’s condemnation of wrongful exploitation without risking the harmful effects of coercively enforced law. It would also give firms and their agents a way of explaining nonexploitative pricing decisions to investors, and it may help give precise content to the moral duty to set prices and wages fairly. Governments should thus consider noncoercive law a viable component of their responses to exploitation.

Regarding the concept of employment contract as the basis for the emergence of employment legal relationships

The article is devoted to a comprehensive analysis of the concept of an employment contract as a basis for the emergence of labor relations, which characterize the interest and degree of will of the parties to such legal relations. Since the employment contract occupies a central place in the system of labor law, it regulates the will of the parties who conclude it. However, currently the provisions on the employment contract, labor relations arising from such a contract are enshrined in a rather old, in the opinion of the author, normative legal act, which causes the emergence of various approaches in the interpretation of the specific concept of the employment contract. The author considered the concept of an employment contract in accordance with the first part of Article 21 of the Labor Code (hereinafter - the Labor Code of Ukraine), Article 31 of the 2019 draft Labor Code of Ukraine. It was concluded that the concept of an employment contract according to Article 31 of the draft Labor Code of 2019 is more complete and relevant in relation to the definition regulated by the first part of Article 21 of the Labor Code of Ukraine at this stage of the development of legal science and legislation in Ukraine. Exactly in this definition of the concept of an employment contract that the employer's obligation to provide the employee with work and the employee's obligation to personally perform work in the employer's interests appear. Different views of legal scholars on this issue were analyzed and the features of this concept proposed by scientists were investigated. The author outlines the main features of an employment contract, among which it is worth highlighting: the will of the parties, timeliness, compliance with the written form, the extension of guarantees and benefits to the employee, etc. The article defines the moment of the emergence of labor relations, because, according to the author, it is not the same as the moment of concluding an employment contract, and therefore this issue deserves a more detailed consideration. The author also defined the classification and listed the types of employment contracts according to the following standards: according to the time criterion, open-ended, fixed-term employment contracts and contracts concluded for the duration of work are distinguished; according to the form of agreement, they are divided into oral and written; according to the form of labor organization, it is possible to distinguish a contract on out-work, a contract on remote work, an employment contract with non-fixed working hours, etc., and part three of Article 21 of the Labor Code of Ukraine provides for a special form of employment contract - a contract.

Establishing the fact of labor relations in court

In the field of labor law, the establishment of the fact of labor relations in court is investigated. It is emphasized that the importance of establishing the fact of labor relations lies in the fact that, in its presence, grounds are created for the employee to exercise labor rights, in particular to wages, guarantee, compensation and other social benefits, including benefits related to temporary disability, unfortunate accident at work or occupational disease, etc. Attention is drawn to the fact that in establishing the fact of labor relations, it should be taken into account that between an individual and a business entity, relations regarding the performance of work can arise both on the basis of an employment contract and on the basis of a civil law contract, at the same time, this depends on the nature of work. The theoretical research is conducted taking into account the optimization of labor legislation, that is, finding the best option, finding the optimal model for establishing the fact of labor relations, taking into account the martial law and adapting labor legislation to the standards of the European Union. It is emphasized that in order to avoid disputes about establishing the fact of labor relations, the employer, having a choice to enter into a civil or labor contract, must clearly delimit the scope of application of these contracts and compare it with the work for which the employee is hired. The actions of employers regarding providing employment contracts with the content of a civil law contract, failure to formalize labor relations with an employee who performed work without concluding an employment contract, hinder the realization of the employee's right to work, guaranteed by the Constitution of Ukraine and the Labor Code of Ukraine, as well as the right to social protection in case of unemployment, in case of temporary loss of working capacity, in the event of an accident at work or as a result of an occupational disease, the right to rest, annual paid vacations, the right to healthy and safe working conditions, the right to join trade unions, etc.

Implementation of children's right to work by involving them in artistic, sports and advertising events

In the article, a comprehensive study of the legal conditions and the procedure for involving children in artistic, sports or advertising events is carried out in accordance with the provisions of international legal standards, the legislation of Ukraine and the countries of the European Union, proposals are made to improve national legislation in order to effectively implement the labor rights of children.
 The topicality of the topic is due to the fact that the European integration processes continue in Ukraine. Therefore, a number of important changes have been implemented in the labor legislation over the past few years, which are aimed at establishing the freedom and safety of work. Nevertheless, the problem of protecting and protecting the labor rights of underage workers requires increased attention given the fact that in Ukraine there is practically no procedure for involving children in cultural, artistic and other similar activities, in sports competitions on the basis of an employment contract.
 The purpose of the conducted research was to contribute to the deepening of scientific views on the problem of ensuring the safety and health of children through the prism of the possibility of their work on the basis of an employment contract.
 On the basis of international legal standards and the legal regulation of child labor according to the legislation of the European Union, it is recommended to introduce a norm into the legislation of Ukraine, which provides for the possibility of involving the labor of children in artistic, sports and advertising events, under the age of 14, with the consent of the service for children's affairs in the event of an appeal by parents or legal representatives. The basis for issuing a temporary permit by the children's affairs service is proposed to be considered a petition letter from the employer specifying the working conditions and Conclusions on the state of health, physical and mental development of the child in a medical and preventive institution, which are submitted for consideration by parents or legal representatives. must be submitted by parents or legal guardians. The children's affairs service must carry out a comprehensive assessment of the relevant measure and check whether it can cause harm to the health, physical, mental, spiritual, moral and social development of the child. Before making a decision, the children's service must talk to the child.

Determinants of anxiety and depression among university teachers during third wave of COVID-19

BackgroundTo estimate the determinants of anxiety and depression among university teachers in Lahore, Pakistan, during COVID-19.MethodsA cross-sectional study was conducted by enrolling 668 teachers from the universities of Lahore, Pakistan. Data were collected using a questionnaire. Chi-square for significance and logistic regression for the association were used.ResultsMajorly, the university teachers, with an average age of 35.29 years, had regular jobs (72.8%), job experience of > 6 years (51.2%) and good self-reported health (55.4%). The majority of the teachers were working as lecturers (59.6%), lecturing in arts (33.5%) or general science (42.5%) departments, having MPhil (37.9%) or master (28.9%) degrees, and teaching via synchronous video (59.3%) mode. Anxiety and depression, severe and extremely severe, were higher among lecturers, MPhil or master degree holders, teachers lecturing arts and general science subjects, and in those on contract employment. Anxiety was significantly associated with academic departments; arts (OR;2.5, p = 0.001) and general science (OR;2.9, p = 0.001), poor health status (OR;4.4, p = 0.018), and contractual employment (OR;1.8, p = 0.003). Depression was associated with academic departments; arts (OR;2.7, p = 0.001) and general science (OR;2.5, p = 0.001), and health status (OR;2.3, p = 0.001).ConclusionAmong university teachers, anxiety and depression, severe and extremely severe, were prevalent among lecturers having MPhil or master degrees, belonging to arts and general science departments, and among contract employees. Anxiety and depression were significantly associated with academic disciplines, lower cadre, and poor health status.

LEGAL ASPECTS AND EFFECT WORK FAMILY CONFLICT, JOB INSECURITY, AND TRANSFORMATIONAL LEADERSHIP STYLE ON TURNOVER INTENTION

Purpose: The objective of this study is to analyze the relationship between legal aspects, work-family conflict, job insecurity, transformational leadership style, and turnover intention..
 Theoretical framework: The role theory proposed by Khan et al. (1964) emphasizes the individual's social role and how it effects his conduct in the workplace and society.
 Design/methodology/approach: This investigation is quantitative in nature. The subjects of this study were 200 SME employees in Palopo City who were selected using a procedure of random sampling. Through social media, online questionnaires with a Likert scale ranging from 1 to 5 were distributed to collect data. The study employed Structural Equation Modeling (SEM), whereas SmartPLS 3.0 was used for data processing.
 Findings: Legal aspects play a crucial role in determining the level of work-family conflict, job insecurity, transformational leadership style, and turnover intention in an organization. For instance, laws and regulations pertaining to employment contracts, compensation, benefits, and job security can directly impact an employee's level of job satisfaction and intention to leave their job. Additionally, legal requirements such as mandatory leave and flexible working arrangements can reduce work-family conflict and enhance employee well-being. Moreover, legal frameworks for leadership development and training can foster transformational leadership styles that have been shown to decrease turnover intention among employees. Therefore, understanding the legal aspects that impact the workforce can help organizations develop effective policies and practices that address work-family conflict, job insecurity, and leadership style, and ultimately reduce turnover intention among their employees.
 Research, Practical & Social implications: Legal aspects are crucial for the development and success of small and medium-sized enterprises (SMEs) in Indonesia. Compliance with employment laws and regulations, such as those related to labor rights, employee benefits, and job security, can help SMEs to attract and retain skilled and talented employees. Moreover, transformational leadership styles, which have been shown to enhance employee engagement and job satisfaction, can be developed and nurtured through legal frameworks such as leadership training programs. By understanding and complying with legal aspects and providing effective leadership training, SMEs in Indonesia can improve their employee productivity, foster innovation and growth, and ultimately contribute to the economic development of both the organization and the country as a whole.
 Originality/value: This study explores the relationship between family conflict, Job Insecurity, and Transformational Leadership Style on turnover intention, and psychological attachment that has not been explored theoretically and tested empirically in the Indonesian context.

Perceived employability in a situation of crisis: the influence of the external context and perceived financial threat

PurposeThis study aims to analyse how people's perceived employability was affected during the coronavirus disease 2019 (COVID-19) pandemic. This study explores individuals' perceived financial threat, age and work situation as factors that shape perceived employability.Design/methodology/approachData were collected via a survey at three different times between October 2020 and May 2021, which were chosen to reflect the evolution of the pandemic. The participants (n = 124) reported participants' perceived employability and financial threat during the pandemic in Portugal. Perceived employability is a multidimensional concept, as this includes the following scales: employment protective behaviour, employment risk, job-seeking behaviour, self-control and self-learning.FindingsParticipants' overall perceived employability failed to record significant variance over the period under analysis. Nevertheless, perceived employment protective behaviour decreased the most, especially in the case of young adults (aged 18 to 24). Individuals' perceived financial threat varied according to the external context, being lower during the last moment of data collection, which corresponded to the less-socially and economically restrictive period. Employees with the most stable work condition, i.e. with a permanent employment contract, were those who felt less financially threatened when compared to other respondents. A negative relationship between perceived employability and perceived financial threat was identified during the third moment of data collection.Originality/valueThe research informs about how individuals perceive themselves in a highly unpredictable and unstable context. The longitudinal approach shows how the external context affected people's perceived employability and financial threat throughout the pandemic.

OM Assessing the Justification in Seeking Compensation for Sports Injury

BACKGROUND: This paper shows the role of occupational medicine in assessing the justification for seeking compensation for a sports injury. CASE PRESENTATION: A 23-year-old female candidate applied for admission to the Police. Starting in 2022, the Academy tightened the admission criteria and started testing candidates by professional selection. The candidate was injured at the “Marine” training ground, breaking both lower leg bones. She is now seeking compensation from the Ministry of the Interior. Like for other jobs with special working condition, it is known that before hiring future police officers, they have to pass the preliminary occupational medicine examination. The same applies to enrolment in sports clubs, for practicing sports and before entering competitions. The candidate asks whether she should have had a medical examination before applying for training as a police officer, that is, before psychophysical testing. Only candidates who pass the tests can be admitted to the Police Academy at the Ministry of Internal Affairs, which are followed by a medical examination and the signing of an employment contract. The state cannot be expected to pay trainers for potential candidates and their training, for only about a quarter of candidates pass the selection. CONCLUSION: The candidates themselves must be aware of their psychophysical capabilities, and it is to be expected that sportswomen, even amateurs, skilled and at least moderately fit, will apply for the above mentioned position of policewoman, bearing in mind the complexity of the future profession.

THE ROLE OF CINEMATOGRAPHY IN THE FIELD OF TECHNOLOGY AND INFORMATION AS A MEDIA PROMOTION FOR BENGKULU PROVINCE TOURISM DEPARTMENT

The Bengkulu Provincial Tourism Office (DISPARPROV BENGKULU) is a government agency engaged in the preservation and empowerment of tourism in Bengkulu Province, located on Jl. Captain Pierre Tendean No. KM 6.5, Kec. Gading Cempaka., Bengkulu City. This Community Service Program aims to describe and conduct training on the important role of cinematography for staff and contract employees at the Bengkulu Province Tourism Office as a means of promotional media. Linking digital cinematography with the development of multimedia as a form of information and communication technology. The purpose of carrying out this Community Service activity is to introduce and conduct direct training on cinematography as a promotional medium for staff employees and contract workers at the Bengkulu Provincial Tourism Office. This Community Service Activity uses a descriptive method with a qualitative approach. While the target audience is staff employees and honorary workers. Data collection uses qualitative methods. By holding Community Service activities through training in achieving the success of this program, it is by providing direct opportunities to employees of staff and temporary workers on how to edit videos and images as promotional media.

Weekly Rest in Part-Time Employment Contracts

Hafta tatili dinlenme hakkı kapsamında yer alan önemli bir haktır. Hafta tatilinde işçiler bir yandan dinlenirken bir yandan da çalışmadıkları halde ücrete hak kazanırlar. Kısmi süreli iş sözleşmesiyle çalışanların böylesine önemli bir haktan yararlanıp yararlanamayacakları tartışma konusudur. Zira hafta tatiline ilişkin yasal düzenlemeler tam süreli iş sözleşmesiyle çalışanlar dikkate alınarak hazırlanmıştır. Bunun neticesinde kısmi süreli iş sözleşmesiyle çalışanların hafta tatiline hak kazanıp kazanamayacakları belirsiz hale gelmiştir. Öğretide konuya ilişkin farklı görüşler ileri sürülmüştür. Ayrıca konuya ilişkin yargı kararları da çeşitlilik göstermektedir. Yargıtay yakın zamana kadar kısmi süreli iş sözleşmesiyle çalışanların hafta tatiline hak kazanamayacakları görüşündeydi. Yeni tarihli kararlar ise kısmi süreli iş sözleşmesiyle çalışanların hafta tatiline hak kazanabilecekleri yönündedir. Çalışmada kısmi süreli iş sözleşmesiyle çalışanların hafta tatili hakkı karşısındaki durumları incelenecektir. Bunun için öncelikle hafta tatili ve kısmi süreli iş sözleşmesi hakkında genel bilgiler verilecektir. Ardından hafta tatiline hak kazanma koşulu incelenecektir. Son aşamada ise kısmi süreli iş sözleşmesiyle çalışanların hafta tatiline hak kazanma koşulunu sağlayıp sağlamadıkları üzerinde durulacaktır.

Managing Expatriate Employment Contracts with Blockchain

Expatriates, or migrant workers, are employees who work outside their home country and reside in a foreign country for the purpose of work. They are often subject to job fraud, employment contract violations, and poor working conditions. These calamities are mainly due to language barriers, limited legal protection, and feeling inferior in their host countries. Many reports have indicated that minimum working and living standards for expatriates are not as adequately enforced as those for domestic employees. These issues may be elevated with the presence of an employment contract framework, which would enable better enforcement and wider visibility for both workers and employers. Thus, we propose a blockchain-powered framework to represent expatriate employment contracts as digital assets managed by smart contracts. It enables employers to create contracts to which employees agree in a decentralized, tamper-proof, transparent, and traceable manner. This framework facilitates auditability, tracking, and enhanced visibility of expatriate employment contracts and job history verification for both workers and employers. We provide a prototype implementation using the Hyperledger Fabric platform and analyze the framework qualitatively from scalability, efficiency, security, and privacy perspectives.

POGREŠNA KVALIFIKACIJA UGOVORNOG ODNOSA : JEDAN OD BROJNIH IZVORA NESIGURNOSTI RADA U INDUSTRIJI VIDEOIGARA

Working in the video game industry is associated with many uncertainties, since the legal position of the worker depends on whether the work is performed on the basis of a civil law contract (self-employment) or employment contract (employment relationship). Considering that labour law imposes numerous legal obligations on an employer to protect the worker as the weaker contractual party (due to subordinate position and economic dependence of the worker in relation to the employer), an employer often deliberately practices fraudulent (unlawful) contracting of work. The article draws upon an in-depth analysis of this creative economy sector. The author critically deals with identified weaknesses and risks of precariousness that workers are exposed to and offers possible alternatives for consideration without examining the effectiveness of legal solutions of individual EU member states, but leaning towards the example of good practice on the Croatian videogame market.

Anxiety, Resilience and Occupational Fatigue in Nurses during the COVID-19 Pandemic in Iran

Background: The COVID-19 virus epidemic has caused a major physical and psychological burden on nurses in Iran and around the world. Objectives: The purpose of this study was to investigate the role of anxiety and resilience in predicting occupational fatigue in nurses during the COVID ‐ 19 virus epidemic in Iran. Materials & Methods: This cross-sectional online survey was conducted on the nurses of Razi and Porsina public hospitals in Rasht, north of Iran. A total of 160 nurses of were selected using simple random sampling method. Data were collected using the Swedish occupational fatigue inventory (SOFI), the corona disease anxiety scale (CDAS) and the Connor-Davidson resilience scale (CD-RISC). Results: Participation rate was 87.5%. The score level of most nurses in CDAS was low to moderate. The CDAS score was higher in women and those who work in the COVID units than those who work in both the COVID and non-COVID units. The CD-RISC score was higher in married people than singles and in people with permanent employment status than in contract and temporary employment status. SOFI was positively correlated with CDAS and negatively correlated with CD-RISC; But CDAS and CD-RISC were not significantly related (p<0.05). In multivariate linear regression model. Anxiety was the only significant independent predictor of occupational fatigue (B=1.16, P<0.001). Conclusion: Despite the COVID-19 epidemic crisis in the fourth wave and high mortality, anxiety level in nurses was low and moderate, which can be attributed to the COVID-19 vaccine. But the anxiety score still played an important role in occupational fatigue. It is suggested that appropriate interventions be developed and implemented to improve nurses' anxiety to stressful epidemic conditions of Covid-19 and thereafter.

‘Wages for Work Done’: Is it Time to Legislate?

This study is designed to address one of the major issues regarding employment contracts that have been widely debated when most businesses were forced to shut down by the state authorities as part of the containment measures of the Covid-19 pandemic. The issue is on the entitlement of employees to secure their full wages while they can't perform their work at all or partially perform the assigned tasks from home. Therefore, this paper explores the issue by examining the legal position of 'wages' in employment contracts under the Malaysia employment legal framework. As a contract of employment is generally built on the exchange of labour for wages or is better known as the work for wages rule or work-wage bargain, it is pertinent to evaluate the extent the rule affects the contractual parties of employment in such circumstances. This research is purely doctrinal legal research that applies a critical analysis approach. Apart from the reference to the relevant statutory provisions and case laws within Malaysian and foreign jurisdictions in particular the United Kingdom and Australia, the issue is evaluated through the theory of employment relationship. This paper generally has found the inadequacy of the Malaysian labour law in dealing with the issue effectively and calls on the legislative to pursue considerable thoughts that enable statutory provisions for the same issues to be dealt with better in the future.

위탁 등 아웃소싱과 노동법적 쟁점 - 기간제근로자를 중심으로 -

This article reviewed various labor law issues related to fixed-term employees hired by outsourcing companies such as service providers.BR First, the relationship between the consignment contract period etc. and fixed-term employment contracts was examined, focusing on probationary period and exceptions(when the period required for project completion, the elderly) to restrictions on the fixed-term employment period.BR Second, this article reviewed the cancellation and termination of the consignment contract etc. and the termination of the employment relationship, focusing on two Supreme Court precedents(Supreme Court Decision 2007da62840, decided February 12, 2009 and Supreme Court Decision 2017da22315, decided October 31, 2017). In addition, the validity of each type of agreement to terminate the employment relationship was examined.BR Finally, when switching to outsourcing or changing an outsourcing companies, this article examined the legal principles of succession of employment relations, focusing on two Supreme Court precedents(Supreme Court Decision 2016Doo57045, decided April 29, 2021 and Supreme Court Decision 2020Doo45308, decided June 3, 2021).BR The above legal issues are eventually related to the termination of the employment contract of service workers. Service workers have the problems of indirect employment(whether the employer of the original company is an employer under the labor law, job insecurity) and problems of fixed-term work. It is hoped that it will be a variety of measures to promote employment stability for service workers.

Трудовой договор с медицинским работником в условиях нового законодательства

The article analyzes the legislative acts regulating the requirements for the content and procedure for concluding an employ- ment contract with a medical worker