Employment Contract Research Articles

Peneraparan Sistem Perjanjian Kerja Waktu Tertentu di Indonesia

An employment agreement as a preliminary means before an employment relationship takes place, must be implemented as well as possible, in the sense of reflecting justice for both the employer and the worker, because both will be involved in an employment relationship. The purpose of this research is to find out the form and content of a fixed-term work agreement in its implementation and how the protection for workers/laborers in a fixed-term work agreement is implemented according to Law Number 13 of 2003 concerning Employment. The research method used is a qualitative method. It is necessary to emphasize the limitations that must be fulfilled by those who make employment agreements, especially employers, so that material regarding conditions that are very detrimental to the worker is taken into account, for example the existence of clauses in the term of the employment relationship and other materials that are often not realized will be very detrimental, especially to the recipient of the work. .

In the Eye of the Storm: The Disrupted Career Paths of Young People in the Wake of COVID-19

Abstract Using a survey representative of individuals who left the educational system in France at any level in 2017, we examine the impact of the COVID-19 pandemic on young people’s probability of being employed between the start of lockdown in March 2020 and July 2020. We find that the COVID-19 pandemic had a strong impact on youth employment. Our results show that young people’s probability of being employed decreased by as much as 3 % during the lockdown period relative to the pre-pandemic baseline. This impact is smaller than that observed in other countries, probably due to the significant measures implemented in France. Our heterogeneity analyses indicate that the impact of the COVID-19 pandemic on young people’s labor market integration varied with the type of employment contract, area of study, and, to a lesser extent, having a working-class parent, a foreign-born parent, or residing in a rural area.

أثر الحرب الأخيرة في السودان 2023 على المعاملات المالية في عقدي الإيجار والعمل

The study aimed to identify the negative impacts of the recent war in Sudan, which broke out on April 15, 2023, on the execution of financial transactions for rental and employment contracts. It then presented a vision for addressing these impacts in light of the theory of unforeseen circumstances. The researcher employed a descriptive-analytical approach, and the sample consisted of dozens of relevant studies, reports, and statistics. The study consisted of an introduction, four chapters, and a conclusion; Chapter 1 discussed the negative impacts of the war, Chapter 2 addressed the financial transactions related to rental and employment contracts during the war, Chapter 3 presented some alternative procedures for executing contracts during the war, and Chapter 4 discussed the applications of the theory of unforeseen circumstances for executing contracts during the war, The study concluded by highlighting the catastrophic impact of the war on various aspects of life, including the obligations of the parties to rental and employment contracts. It also revealed the shortcomings of current Sudanese laws in dealing with the changes resulting from the war, leading to the loss of legal rights and obligations of the parties to the contracts.Based on the findings, the researcher recommended making legal amendments to ensure the stability of financial transactions in rental and employment contracts in times of emergencies. The researcher also presented proposals for resolving disputes through settlement procedures and activating the use of the theory of unforeseen circumstances to mitigate the negative impacts of the war, ensuring the protection of rights, and promoting justice and fairness in Sudan. Keywords: The impact of wars, the Republic of Sudan, financial transactions, lease and work contracts, the theory of emergency circumstances هدفت الدراسة إلى التعرف على الآثار السلبية الناجمة عن الحرب الأخيرة في السودان التي اندلعت في 15أبريل 2023 على تنفيذ التعاملات المالية لعقود الإيجار والعمل، ثم تقديم رؤية لمعالجة هذه الآثار في ضوء نظرية الظروف الطارئة، واستخدم الباحث المنهج الوصفي التحليلي، وتمثلت العينة في عشرات الدراسات والتقارير والإحصائيات ذات الصلة وتكونت الدراسة من مقدمة وأربعة مباحث وخاتمة؛ تناول المبحث الأول: الآثار السلبية للحرب، وتضمن الثاني: التعاملات المالية المتعلقة بعقود الإيجار والعمل خلال الحرب، فيما قدم الثالث بعض الإجراءات البديلة لتنفيذ العقود خلال الحرب، وتضمن الرابع تطبيقات نظرية الظروف الطارئة لتنفيذ العقود خلال الحرب، وانتهت الدراسة بخاتمة؛ بينت الأثر الكارثي للحرب على مختلف جوانب الحياة، ومنها التزامات أطراف عقدي الإيجار والعمل، كما كشفت قصور القوانين السودانية الحالية في التعامل مع التغيرات الناتجة عن الحرب، وبالتالي ضياع الحقوق والواجبات القانونية لأطراف العقود، بناء على النتائج أوصى الباحث بإجراء تعديلات قانونية لضمان استقرار المعاملات المالية في عقدي الإيجار والعمل في ظل الأزمات الطارئة، كما قدم الباحث مقترحات لمعالجة النزاعات بإجراءات تسويات وتفعيل استخدام نظرية الظروف الطارئة للتخفيف من حدة الآثار السلبية للحرب، وبما يضمن حماية الحقوق، وتعزيز العدالة والإنصاف في المجتمع السوداني. الكلمات المفتاحية: تأثير الحرب، جمهورية السودانية، المعاملات المالية، عقود الإيجار والعمل، نظرية الظروف الطارئة.

The Legal Regulation of the Volunteer Work Contract in Light of the Saudi System Between Reality and Expectations

The study aimed to clarify the legal regulation of the volunteer employment contract in the Kingdom of Saudi Arabia, through the Saudi volunteer work law and its executive regulations. To achieve this goal, the research was divided into an introduction and three sections: The introduction dealt with the concept of volunteer work, while the first section was devoted to explaining the concept of the volunteer work contract. The second section dealt with the effects of the volunteer work contract, and finally, the third section dealt with the termination of the volunteer work contract. The researcher used the descriptive and analytical approach as well as the comparative approach. The study concluded with many results including that the essence of volunteer work is to achieve public benefit without compensation, and that if the work or effort is in exchange for a financial reward, then it does not have the status of volunteer work. The results also showed that the expiration of a volunteer work contract is subject to the general causes of expiration and dissolution of contracts in general. In addition to being subject to special reasons related to it due to its characteristics. As for the recommendations, the study recommended several recommendations, the most prominent of which is: that volunteer work in the Saudi system be within the framework of a written contract between the volunteer or volunteer team and the beneficiary.

The influence of teamwork and work discipline with work motivation as an intervention on the work performance of PT HKI Binjai-Brandan Zona IV employee

This study aims to analyze the effect of teamwork and work discipline on work performance with work motivation as an intervening variable. The location of the research was conducted by PT HKI Binjai-Brandan Zona IV. The number of samples in this study was 58 respondents who were contract employees of PT HKI Binjai-Brandan Zona IV. The analysis method used is multiple linear regression analysis. The results showed no and no significant influence between teamwork on work motivation. There is a positive but not significant influence between teamwork on work performance. There is a positive but not significant influence between work disciplines on work motivation. There is a positive and significant influence between work disciplines on work performance. There is no influence and no significance between work motivation and work performance. There is an influence but not significant between teamwork on work performance through work motivation. There is no influence and insignificance between work discipline on work performance through work motivation.

DISCRIMINATION IN THE FIELD OF LABOR AND OBLIGATIONS OF THE PARTIES TO LABOR AND DIRECTLY RELATED RELATIONS

The purpose of the article is to analyze the current legislation in order to determine the ratio of generally recognized principles of labor law and the obligations of the parties to labor relations, including the obligation of the state to ensure protection against unemployment. The authors analyzed the norms of the Labor Code of the Republic of Kazakhstan concerning the duties of employers and employees of the guiding party, the norms of the Social Code of the Republic of Kazakhstan in relation to some issues of legal regulation of unemployment. As a result of the analysis of the current labor and related legislation, the authors came to the conclusion that some norms of the Labor Code of the Republic of Kazakhstan, as well as the new Social Code of the Republic of Kazakhstan, are discriminatory. In particular, the legal status of employees and employees of the sending party in the Labor Code of the Republic of Kazakhstan varies, especially regarding the duties of employees of the sending party. Thus, a number of signs were identified that make it possible to conclude that despite the lack of equal rights and opportunities for employees of the sending party in comparison with ordinary employees engaged in labor activities under the employment contract, the obligations of the above-mentioned parties to labor relations coincide. In some cases, some duties inherent in ordinary workers are unnecessarily imputed to the employees of the guiding party. As an example, the obligation of the employee of the sending party to compensate for material damage to the employer in case of violation of the non-competition condition is given. In addition, the analysis of some norms of the Social Code of the Republic of Kazakhstan concerning the legal regulation of unemployment made it possible to determine the trends of discrimination against individuals. Thus, clause 6, paragraph 3, article 99 of the Social Code of the Republic of Kazakhstan limits the right of convicted persons in protection against unemployment by the state. The authors point to the need to revise some of the current legislation in order to exclude discrimination in the workplace.

Employment of Engineering and Technical Workers at Industrial Enterprises of Leningrad in 1928–1937

During the first five-year plans, the country's leadership paid special attention to providing industrial enterprises with qualified personnel, primarily engineers and technicians. Until now, the problem of employing specialists has remained poorly understood. Meanwhile, the study of this issue makes it possible not only to draw a conclusion about the extent to which the distribution of qualified personnel was the exclusive sphere of state activity, but also to evaluate the results of this process. The article attempts to analyze the practice of hiring engineering and technical workers at industrial enterprises in Leningrad in 1928–1937. The execution by the labor exchange and the bodies of the People's Commissariat of Labor of requests from factories and factories, the targeted transfer of qualified personnel from management departments to the production sector, as well as the distribution of graduates of universities, colleges and technical schools are considered as the main ways to meet the needs of industrial enterprises of Leningrad in engineering. technical workers. Since none of these methods solved the personnel problem, the practice of “luring” qualified personnel from one enterprise to another became widespread. Economic organizations (trusts and production associations, factories and factories) had a significant influence on the distribution of personnel. Not least was the role of the engineering and technical workers themselves, who had the opportunity to terminate the employment contract unilaterally. As a result, the system of hiring qualified personnel worked, rather, to redistribute engineering and technical workers between enterprises and contributed not to stabilizing the personnel situation, but to increasing the mobility of specialists.

Improving the quality of working life of employees (on the example of social partnership acts and judicial practice)

Quality of working life is a concept used in regulations adopted at the regional level. At the same time, employee satisfaction with the quality of working life is characterized by various indicators, including compliance of working conditions with safety and labor protection requirements, as well as additional guarantees and compensations provided by the employer to the employee. Providing additional guarantees that affect the employee’s subjective satisfaction with the quality of work life can be achieved by including appropriate conditions in collective bargaining agreements, agreements, and employment contracts. The author of the article analyzes social partnership acts and judicial practice in disputes regarding the implementation of the terms of employment contracts that improve the quality of life of workers.

Prohibition of discrimination in the field of work

The article considers the prohibition of discrimination as one of the basic principles of labor law. The norms of law that enshrine the prohibition of discrimination in the field of work are analyzed, possible causes of this phenomenon. Based on the materials of judicial practice, the main forms of discrimination in the employment of persons with disabilities in quota places are analyzed. A comparative analysis of the legal positions of the Supreme Court of the Russian Federation and the materials of judicial practice in cases involving unjustified refusal to conclude an employment contract is provided. A way to solve the problem of restoring a violated right in case of unjustified refusal to conclude an employment contract is proposed.

Jurisprudence: dismissal of remote worker

The review presents court decisions on disputes on grounds for termination of an employment contract with a remote worker.

Performance evaluation of Latent Dirichlet Allocation on legal documents

Latent Dirichlet Allocation (LDA) is an algorithm with the capability of processing large amount of text data. In this study, the LDA is used to produce topic modelling of topic clusters from corpus of legal texts generated under 4 topics within Nigeria context Employment Contract, Election Petition, Deeds, and Articles of Incorporation. Each topic has a substantial number of articles and the LDA method proves effective in extracting topics and generating index words that are in each topic cluster. At the end of experimentation, results are compared with manually pre-annotated dataset for validation purpose and the results show high accuracy. The LDA output shows optimal performance in the word indexing processing for Election Petition as all the documents annotated under the topic were accurately classified.

Надомна робота і дистанційна робота: методологічний аспект розмежування понять нетрадиційних форм організації праці

The article aims to characterize home and distance work and establish the distinction between these concepts, considering the methodological aspect. The author notes that the pandemic of the coronavirus disease (COVID-19), which swept the world in 2020, as well as the full-scale armed aggression against Ukraine on February 24, 2022— acted as a catalyst for legislation on non-standard forms of employment because the usual form of employment with the performance of work at the employer’s location began to threaten the employee’s life and health. The genesis of the legal regulation of home and remote work is considered, emphasizing that, in essence, the legislator initially reduced two concepts to a synonymous understanding. The legal constructions of home and remote work are analyzed by establishing their features. It was concluded that homework and remote work are different legal phenomena and different forms of labor organization, the demand for which has increased many times over the last five years. The main conceptual difference between these forms of work organization is that home work is characterized by what is performed by the employee at his place of residence or in other premises defined by him, which are characterized by the presence of a fixed zone. Here, there is no possibility of performing work on the employer’s territory or premises. Remote work involves the performance of work by an employee outside the workplace or territory of the employer, in any place of the employee’s choice, without a fixed area for the performance of work by the employee. Attention is focused on the different legal nature and essential features of these forms of labor organization. It is substantiated that the clear distinction between the concepts of home and remote work, which is finally contained in the Labor Code of Ukraine, generally corresponds to the methodology of the science of labor law, considers the achievements of scientists in the field of labor law and the different nature of these concepts. That is, the current codified act on labor contains ordered definitions and does not differ in legal equilibrium. It is also summarized that the current definitions of home and remote work no longer allow for confusion in these categories and, therefore, reduce the risk of violation of the labor rights of employees, providing a legal basis for exercising their right to work in less dangerous conditions, which are typical for work at an employer’s company, when the entire workforce is gathering. Keywords: right to work, labor relations, legal regulation, employment contract, employee, employer, labor rights, employment, home work, remote work, remote worker.

Some Aspects of Understanding the Contract

The contract as a complex, multifaceted category is used not only in jurisprudence, but also in other doctrines, teachings, and in the direct practical activities of various subjects. At the same time, if viewed from a legal point of view, the contract (as a certain agreement that meets specific criteria) permeates almost all spheres of public relations under the influence of law. The contract occupies a significant place in the regulation of relations under the influence of private law norms. The concept of a contract is repeatedly disclosed by the legislator in various normative legal acts. However, even within the framework of one branch of law (for example, civil law), the mention of a contract may be disclosed in various senses. Doctrinal points of view also reveal a wide range of multiple approaches to understanding the treaty. This circumstance indicates the absence of a single clear understanding of the contract neither in the law nor in the doctrine, which causes some problems in the framework of law enforcement activities. The goals and objectives of the study are to identify legislatively defined and doctrinal positions regarding the concept of a contract (legal and individual). The study was conducted using a comparative legal method, which made it possible to study the position of the legislator regarding the concept of contract in such branches of law as civil, labor, family, etc. In addition, formal logical and systematic methods were used in the work. The result of the study is a brief comparative legal analysis of the provisions of legislation containing norms on the regulation of legal relations between the parties through a contract. The legislator has not clearly expressed his position on the legal nature of individual contracts (in particular, employment and marriage contracts), which gives rise to their ambiguous interpretation, causing difficulties in law enforcement.

DEMANDS FOR WORKER'S RIGHTS: A TREATY LAW PERSPECTIVE

<p>Demands for workers' rights are an important issue in the world of work. A contract law perspective is one approach to considering employee rights claims. This research aims to analyze employee rights claims in terms of contract law. Collective agreements are the basis for regulating the relationship between workers and employers. Employee rights are regulated and protected by company agreements. Workers' rights demands cover various aspects, such as fulfilling salaries, benefits, reasonable working hours, safety and health guarantees, adequate leave, protection against discrimination, and guaranteed legal protection. From a contract law perspective, it is important to understand the elements contained in an employment contract, such as the principles of the contract, the conditions that must be fulfilled, as well as the rights and obligations of each party. In addition, applicable laws and regulations must also be considered when resolving disputes between workers and employers. This research method can be used in qualitative normative legal research with secondary data. The results of this research are expected to provide a better understanding of workers' rights and the legal protection available in employment contracts. In short, it emphasizes workers' rights in the world of work. This is an important matter and can be seen from the perspective of contract law. Employment contracts are an important means of protecting workers' rights. However, it is also important to continue to monitor legal developments and improve<br />existing regulations to better protect workers' rights.</p><p>Keywords: Worker’s rights, contract law, employee rights, legal protection,</p>

The mechanism of exercising the employee's right to conclude an employment contract and the formation of its content

The subject of the research is the problems of developing an adequate, understandable for the employee and the employer mechanism of exercising the right to conclude an employment contract.The purpose of the scientific article is to confirm the hypothesis that the employment contract in modern conditions is not yet an agreement in its traditional sense, that the defect of will and/or expression of will, which the employee insists on challenging the terms of the employment contract, must be proved by himThe methodology of the study includes a systematic approach, formal-legal and logical interpretation, analysis and synthesis.The main scientific results, conclusions on the achievement of the purpose of the study. Conclusion of the employment contract is a complex, multi-motivated, multi-stage process as from the position of the content and the ways and the limits of the right of the employee and the employer. As a weak party of labor legal relations, the employee agrees to the conditions of the employment contract initiated by the employer under the fear of refusal to conclude the said contract. Using the opportunities of the Labor Code of the Russian Federation, employers determine the terms of this contract with minimal risks for themselves, of right, formation of contract content which causes the emergence of numerous lawsuits from employees about the defects of will when entering into labor legal relations, about the illegality of certain terms of the employment contract.The mechanism of concluding a labor contract by its parties, established by the labor legislation, is imperfect, and the process of forming its content is so formal that it does not allow the employee and the employer to reach a real compromise on mandatory and / or additional conditions of the contract. In the article there are proposals aimed at improving the mechanism of exercising by employees and employers of the right to conclude a contract of employment. It seems necessary to amend the Labor Code of the Russian Federation in terms of establishing a special period of appeal of an employee to the court to recognize a particular condition due to a defect of will in the conclusion of the employment contract as illegal (the beginning of the period should be defined as the day of the employment contract, since it is the day on which the employee learned or should have learned about the violation of his right); identified factors that influenced the emergence, evolution of the employee and employer will and deformed it (such factors include Only from the moment the necessary information is provided can the entitled person demand the implementation of the preferences established by labor law.

¿Es el despido una sanción? Abordaje de los principios en el proceso disciplinario laboral colombiano

This article analyzes the essential elements that the labor disciplinary process must observe in the sense that the employer can go to the dismissal of a worker for the fact that he has incurred in a conduct susceptible to disciplinary sanction. The study conducted according to the analysis of the applicable legislation and jurisprudence for specific cases, identifying the most relevant criteria that employers must consider when they initiate, advance, and make decisions within the framework of labor disciplinary investigations. These processes are characterized by having their own principles for their application, which seek to guarantee certain fundamental premises, such as social and economic rights themselves. Contrary sensu, it could be established that the result lacks justification and, consequently, leave decisions such as the termination of the employment contract without legal effect.

Factors for increasing the efficiency of using working time for knowledge workers in water transport

Working time is the most valuable resource in the field of production and labor. The effectiveness of its use has always been given special attention not only by economists, but also by sociologists and psychologists. According to labor legislation, working time is the time during which an employee, in accordance with the rules of the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time related to the worker. Thus, working time includes not only the time of the main, but also auxiliary work, the time of regulated breaks and some other types of expenses of the working day.
 According to research, the loss of working time at domestic enterprises is sufficient. The reasons are: low level of labor organization, violations of labor discipline, and circumstances beyond the control of the employee, for example, poor quality of management function implementation. The elimination of at least unjustified losses of working time, at the existing level of labor organization, can increase the efficiency of domestic enterprises by more than 10%

Prevention and counteraction of mobbing in labor relations: regulatory and legal support in Ukraine

The article examines the legislative regulation of the concept and forms of mobbing, responsibility for committing such acts. Attention is drawn to the fact that the problem of mobbing is relevant not only for our country, where it is increasingly possible to observe cases of this phenomenon at work (harassment of an employee by both colleagues, subordinates, and management), but also for European countries, where they know what is mobbing and have long since legally regulated the issue of preventing and countering this phenomenon. It is noted that Ukraine has also joined European countries in this matter by adopting the Law "On Amendments to Certain Legislative Acts of Ukraine on Prevention and Counteraction to Mobbing (bullying)” dated 11.16.2022 No. 2759-IX, which brought the norms of Ukrainian legislation in accordance with European and provided protection against discrimination and psychological pressure in the workforce. It is noted that the legislative regulation of the concept and forms of mobbing, responsibility for committing such acts will contribute to the protection and protection of the rights of employees, as well as overcoming mobbing as a negative phenomenon in labor relations. At the same time, it was concluded that despite the fact that the concept of "mobbing” is legally defined, the responsibility for it, many issues still remain today, which need to be resolved. Since the amendments to the legislation gave birth to many aspects that were not familiar either to the practice or to the science of domestic labor law. Yes, now the psychological and economic pressure of employees has become an additional reason for terminating the employment contract; the regulation of mobbing established new areas of employer responsibility, and also gave rise to many unanswered questions - how to distinguish bullying from a joke; whether to consider the use of obscene language as mobbing; is it considered mobbing when an employee compares his work with the work of another employee and complains about being overworked compared to a colleague; where the line will be drawn between the employer's legal requirement for the employee to perform the job well and mobbing the employee and many others. There is also an objective need to develop a legal mechanism to protect employees from mobbing, which would provide legal certainty regarding this phenomenon in labor relations.

The effect of Brexit on British workers living in Portugal: a synthetic control method approach

Abstract The effect of Brexit is an important topic in European and British political agendas. In this study, we examine the effect of Brexit on the Portuguese labour market. We apply the synthetic control method to estimate how the number of UK citizens working in Portugal would have evolved if the Remain vote had won the referendum. Our results suggest that the Brexit referendum reduced the number of UK-dependent workers in Portugal, particularly in the case of non-university-educated, male individuals with temporary employment contracts. This reduction is explained by the decrease in the number of incomers. We also find that those UK citizens who were already working in Portugal before Brexit were more likely to continue working in the host country.

Rekrutmen Pendidik dan Tenaga Kependidikan dalam Penempatan Kerja di SD IT Ma’arif Padang Panjang Sumatra Barat

This research aims to understand the recruitment system for educators and educational staff at SD IT Ma'arif Padang Panjang. The method used in this research is qualitative with a descriptive qualitative design. The subject of this research is the Staff of Wakaf Ma'arif Foundation Padang Panjang. Data collection is conducted through method triangulation, where data in the form of relevant documents obtained from the website and school files, then the accuracy of the documents is checked through interviews. The results of this research indicate that the recruitment, selection, and placement process at SD IT Ma'arif Padang Panjang adopts a one-stop approach. The initial steps involve identifying and analyzing the needs of educators and educational staff, followed by the foundation's announcement of job vacancies, administrative selection, written tests, Quran reading tests, psychological tests, and interviews. Subsequently, the results of the interviews are analyzed, and the announcement of accepted applicants is made. Afterward, the process of job placement, issuance of employment contracts, and a three-month training program are carried out.