Fixed-term Employment Research Articles

Association Between Temporary Employment and Current Smoking and Change in Smoking Behaviors: A Prospective Cohort Study From South Korea (2009-2018).

Previous studies have suggested that employment insecurity is associated with adverse health outcomes. We explored the association between temporary employment and smoking behaviors. We analyzed 11,795 workers (51,867 observations) from the Korea Health Panel Study (2009-2018). Employment types were categorized as regular, fixed-term, or daily, based on the duration of labor contract. The outcomes were current smoking status and changes in smoking behavior (initiation or cessation) in the following year. Generalized estimating equations were used to estimate odds ratios (ORs) and 95% confidence intervals (CIs). The proportions of fixed-term and daily workers were 41.2% and 16.4% for women and 23.6% and 12.4% for men, respectively. Temporary employment was associated with increased odds of current smoking, while also demonstrating prospective associations with changes in smoking behaviors. For instance, in prospective analyses, male workers with fixed-term and daily employments were associated with a decreased likelihood of smoking cessation (OR 0.77; 95% CI, 0.65-0.91 for fixed-term employment and OR 0.66; 95% CI, 0.52-0.83 for daily employment) in the following year compared to those with regular employment. Moreover, those experiencing consecutive temporary employment was most inversely associated with smoking cessation in both men (OR 0.56; 95% CI, 0.44-0.71) and women (OR 0.37; 95% CI, 0.16-0.85) compared to those experiencing consecutive regular employment. However, no clear association between temporary employment and smoking initiation was observed in both men and women. Temporary employment is directly associated with current smoking and inversely associated with smoking cessation. Policies are needed to improve job insecurity among temporary employees.

Bankruptcy of the employer as a consequence of his insolvency

The article considers some issues related to the bankruptcy of the employer, which arises as a result of his insolvency, in particular, the issue of employee protection. It is noted that bankruptcy affects both employers and employees differently. Thus, the employer may be liable both to third-party creditors (financial institutions, suppliers, landlords) and to be in debt to the employees, if the salary or its part has not been paid, as well as the remuneration due to the employees. At the same time, it can have negative consequences for the workers, since their livelihood and their families can be completely dependent on such salary or remuneration. It was concluded that the issues of employee protection in case of employer’s insolvency have always been important and needed to be resolved, since employees are the least protected subjects of labor relations, who need guarantees of protection of their rights from both the employer and the state. Since the bankruptcy of the employer negatively affects both the social and financial situation of the employees, it leads to the termination of the employment contract concluded with them both for an indefinite period and a fixed-term employment contract before the expiration of its validity period. It was concluded that the adoption by the Verkhovna Rada of Ukraine of new legislative acts on the protection of the rights of employees in case of bankruptcy of the enterprise is a positive step, especially today, when the country is in a state of war against the Russian aggressor. It is noted that the implementation of the proposed norms will contribute to the approximation of Ukrainian legislation to European labor standards and will make it economically unprofitable for the employer to withhold salary, will create conditions for reducing the amount of existing debt for its payment, will increase the level of economic protection of the employee in case of late payment of work, and will also ensure the creation of a mechanism wage compensation in case of insolvency of the employer.

Penerapan Sistem Perjanjian Kerja Waktu Tertentu Dalam Perspektif Hukum Positif Indonesia

Introduction: Indonesia, as a country under the rule of law, upholds the principle of equality before the law. This principle is also applied in the freedom to contract, which requires a valid agreement to meet four conditions: agreement, competency, specific object, and lawful cause. The Fixed-Term Employment Agreement is a form of employment relationship between employers and workers that suffers from shortcomings in its implementation. Many employers do not understand the rules, leading to deviations in practice.Purposes of the Research: The aim of this research is to examine and analyze the implementation of the Fixed-Term Employment Agreement system from the perspective of positive law in Indonesia.Methods of the Research: This research is a normative juridical research, using a descriptive analytical research type using primary, secondary and tertiary legal sources. The approach used is a statutory approach (Statute Approach) and conceptual approach (conceptual approach). The technique of collecting legal materials uses a literature study which is then analyzed qualitatively in order to answer the problems studied.Results of the Research: Based on the research results, it is shown that the protection of workers in Fixed-Term Employment Agreements is not optimal in its implementation due to frequent violations. This is attributed to the unclear regulations regarding the application of The Fixed-Term Employment Agreement, particularly concerning types of work that are one-time, temporary, seasonal, or related to new products. Furthermore, the lack of government supervision in the The Fixed-Term Employment Agreement creation process enables employers to easily violate regulations without legal repercussions.

Analisis Perlindungan Hukum Terhadap Pemberi Kerja di Indonesia dalam Hukum Ketenagakerjaan Tahun 2024

This study aims to analyze legal protection for employers/businessmen/companies harmed by irresponsible workers in the Indonesian employment landscape in 2024. This study uses a normative legal method with a descriptive approach. The results of the study indicate that the Job Creation Law brings changes to the regulation of fixed-term employment agreements in the Employment Law, but there are still several issues that need attention. Legal protection for workers and employers is regulated in the Employment Law. Enforcement of employment law is carried out through strict supervision to maintain a balance between the rights and obligations of employers and workers. This research is expected to contribute to the development of employment law science, especially regarding legal protection for employers.

Employment outcomes of refugee women and men: multiple gender gaps and the importance of high-skill jobs

ABSTRACT Refugee women face significant challenges when seeking employment in Western host countries. To advance gender-sensitive perspectives within migration and refugee research, this study examines differences in employment outcomes between refugee women and men. Specifically, this study provides a nuanced picture of six indicators of employment outcomes, including pay, fixed-term versus permanent employment contract, overqualification, career prospects, an at-home feeling in the workplace and the ability to talk to colleagues about personal problems. The study also shows that individuals’ occupational status plays a role in gender disparities. Our findings, based on a recent survey of refugees working in Austria, reveal several gender gaps, with an especially significant gap regarding fixed-term employment contracts. Refugee women, who are more likely to be disadvantaged in employment outcomes, benefit disproportionately from working in high-skill jobs. The findings underscore the complex nature of gendered patterns in labour market integration of refugees and imply specific policies addressing gender inequality in this setting.

Termination of the employment relationship in Slovakia

Slovak labour law regulates the termination of employment in a rigid manner, based on the principle of protection of the employee as the weaker party in labour relations. The Labour code distinguishes four key types of terminating an employment relationship: I. Termination by agreement, II. Notice of termination, III. Immediate termination and IV. Termination within a probationary period. In addition to that, an employment relationship will also terminate upon the death of the employee and fixed-term employment will terminate upon expiry of the agreed period. Special provisions apply to termination of an employment relationship with a foreigner (or a stateless person) and in connection with temporary secondment. The legal regulation of termination of the employment relationship in Slovakia has been relatively stable in recent years, without major changes or serious proposals for radical amendment.

Consequences of the Expiration of an Employment Contract: Theory and Practice

On the example of judicial practice, the theoretical issues of the implementation of labor law norms on a fixed-term employment contract are considered.

Temporary Employment Is Associated with Poor Dietary Quality in Middle-Aged Workers in Korea: A Nationwide Study Based on the Korean Healthy Eating Index, 2013-2021.

Temporary employment is associated with an elevated risk of cardiovascular diseases and mortality. This study explored the association between temporary employment and dietary quality in middle-aged workers. This cross-sectional study included a nationwide sample of middle-aged Korean workers (n = 6467). Employment type was categorized into regular, fixed-term, and daily employment, based on labor contract duration. Dietary quality was assessed using the Korean Health Eating Index (KHEI), which ranges from 0 to 100, with higher scores indicating superior dietary quality. Linear regression was used to estimate beta coefficients (β) and 95% confidence intervals (CI). The survey-weighted proportion of regular, fixed-term, and daily employment was 79.0%, 14.2%, and 6.8%, respectively. Fixed-term and daily employment were associated with a reduced KHEI compared with regular employment (β [95% CI]: -1.07 [-2.11, -0.04] for fixed-term and -2.46 [-3.89, -1.03] for daily employment). In sex-stratified analysis, the association between temporary employment and dietary quality was more pronounced in men (β [95% CI]: -1.69 [-3.71, 0.33] for fixed-term and -2.60 [-4.63, -0.53] for daily employment than in women. In conclusion, this study suggests that temporary employment is a social determinant of dietary quality in middle-aged workers.

The employee and their social security in flexible forms of employment on the example of Poland – selected issues. Part I

The regulation of employment and social policy – with safe and secure conditions of employment in terms of remuneration, safe employment conditions, protection in the event of dismissal, social dialogue, personal data protection, work-life balance, and finally a healthy, safe and well-adjusted work environment – constitutes the foundations of decent working conditions. At the same time, the task of a democratic state is to adjust the dynamically changing economic and market realities to ensure the maximum level of protection in the areas mentioned above relevant to each employee. This situation is also due to the radically progressing digitization that is changing the challenges of the modern labour market. In this article, the author endeavours to address the social security issue of selected flexible (atypical) forms of employment, including employee and non-employee forms of employment. The author chose fixed-term contracts and employment on digital platforms as the subject of analysis, while remaining aware of the multifaceted nature of social security. In this paper, she defends the thesis that the so-called “flexibility of employment relations” should be subject to the broader impact of social security regulations in situations where there are no normative obstacles to them being extended.

Трудовые отношения профессорско-преподавательского состава: вопрос соотношения интересов

The article defines the coordination of the interests of the parties to labor relations and the interests of the state in relation to teaching staff related to the teaching staff. The paper considers the amendments made to Article 332 of the Labor Code of the Russian Federation regarding the establishment of minimum and maximum terms for concluding a fixed-term employment contract with teaching staff related to the teaching staff, in relation to the task of labor legislation to achieve optimal coordination of the interests of the parties to labor relations and the interests of the state. The author provides examples of the realization of the interests of employees, employers, and the state through the changes made. Other ways of achieving optimal coordination of the interests of the parties to labor relations and the interests of the state in relation to the analyzed category of employees are proposed.

There are alternatives. Models for sustainable employment structures in the German system of higher education.

The German system of higher education and public research is characterized by a high rate of temporary contracts with short contract durations and a nearly complete absence of structured career options. About 82% of employees not holding a full professorship have fixed-term contracts, with an average contract period of 20 months. This is facilitated by a special fixed-term employment law (Wissenschaftszeitvertragsgesetz) which universities and other public research institutions have stretched to its limits. Against the background of a survey which we conducted in 2021 and whose results once more demonstrate the shortcomings of this system, we discuss alternative options in the form of model calculations. We propose a reform of employment structures and career paths that could improve not only personal working conditions but also ensure the quality of research and teaching in German academia. By quantitative comparison with the current employment situation, our model calculation demonstrates that plannable career decisions can be enabled at an early stage without changing budgets or teaching duties. We also show that the counter argument of a "congestion" of positions is not substantiated, and that young scholars will still have the opportunity to start a career in the reformed system, while the total number of employees can be kept nearly constant.

Association of precarious employment with depressive symptoms and suicidal ideation among female workers: Findings from a nationwide longitudinal study in Korea

BackgroundIn this study, we examined the relationship of precarious employment (PE) with depressive symptoms and suicidal ideation among Korean women. MethodsWe included a nationwide sample of 4162 women drawn from the Korean Longitudinal Study of Women and Families, comprising 7566 observations. PE was assessed using three dimensions: employment insecurity, income inadequacy, and lack of rights and protection. Depressive symptoms were assessed using the 10-item version of the Center for Epidemiological Studies Depression Scale. Generalized estimating equations were used to estimate the association between each element of PE and the depressive symptoms and suicidal ideation over a two-year follow-up period, represented as odds ratios (ORs) and confidence intervals (CIs). ResultsThe overall prevalence rates of depressive symptoms and suicidal ideation were 11.8 % and 1.9 %, respectively. Compared with permanent employment, fixed-term employment (OR [95 % CI]:1.29 [1.00–1.67]) or daily employment (OR [95 % CI]:1.53 [1.26–1.99]) was associated with the depressive symptoms at the follow-up. Additionally, lack of social benefits (OR [95 % CI]:1.40 [1.09–1.79]) and high perceived vulnerability (OR [95 % CI]:1.27 [1.08–1.49]) were associated with the depressive symptoms at the follow-up. Additionally, daily employment was associated with the suicidal ideation at the follow-up (OR [95 % CI]:1.94 [1.02–3.68]) and high perceived vulnerability was marginally associated with an increased suicidal ideation risk (OR [95 % CI]:1.49 [0.98–2.29]). LimitationCausal effect of PE could not be asserted due to the observational nature of this study. ConclusionsPE is a social determinant of women's mental health and policy interventions are required to improve their employment conditions.

Oversight on the Execution of Fixed-Term Employment Contracts at the Makassar City Labor Department

This study delves into the procedures and regulatory frameworks governing PKWT, alongside scrutinizing the oversight mechanisms in place to ensure adherence to labor laws, safeguard worker rights, and maintain a balance between employer interests and employee protections. Through empirical legal research, involving interviews, document analysis, and a thorough review of legal statutes, the study unveils the intricacies of PKWT registration at the Makassar City Labor Office and assesses the effectiveness of labor oversight practices. Findings reveal that the registration process for PKWT, whether conducted online within three days or offline within seven days post-signing, necessitates the submission of specific documents to ensure legal and administrative compliance. This mechanism not only provides clarity and accountability but also serves as a foundational aspect of labor law enforcement. However, the research identifies a gap in the legal framework concerning sanctions for non-registration of PKWTs, underscoring a potential area for legislative enhancement to reinforce worker protections. The study further examines the role of labor oversight, conducted by the Makassar City Employment Office and other relevant bodies, in maintaining a fair, transparent, and regulated employment landscape. It categorizes oversight into preventive and repressive measures, each playing a critical role in promoting compliance with labor regulations and safeguarding worker rights. Despite the proactive efforts in education and socialization to foster compliance, limitations in authority at the city level underscore the necessity for coordinated efforts with provincial labor authorities to bolster oversight efficacy.

PERLINDUNGAN HUKUM PEKERJA DENGAN PERJANJIAN KERJA WAKTU TERTENTU BERDASAR UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN

Legal protection for employees is regulated by the Law No. 13 of 2003 concerning Labor. The legal protection obtained by a worker relates to the fulfilment of the rights agreed between the employees and the employer, which are laid down in the employment contract, among others; wages or remuneration or salary; time, rest, and leave of work; safety, health and well-being at work; mechanisms of termination of employment relations; and etc. An employment contract is a prerequisite for the establishment of an employment relationship and for the fulfilment of the rights of the worker. An employment contract consists of a Fixed Term Employment Agreement and An Indefinite Time Work Agreement. The discussion in this study is: Forms of legal protection of workers with Fixed Term Employment Agreement under Law No. 13 of 2003 concerning Labor. The method used is normative jurisprudence with specifications of analytical descriptive research. The data collected is secondary data obtained from library material such as books, documents, archives, literature and reports related to the subject being studied. After all the material is collected, the data is analyzed qualitatively.

Association between precarious employment and the onset of depressive symptoms in men and women: a 13-year longitudinal analysis in Korea (2009-2022).

Increasing social concern surrounds the potential adverse health effects of precarious employment (PE). In this study, we explored the association between PE and the onset of depressive symptoms. A total of 11,555 Korean waged workers (5700 females) contributed 62,217 observations from 2009 to 2022. PE was operationalized as a multidimensional construct, including employment insecurity, income inadequacy and lack of rights and protection. Depressive symptoms were evaluated using the Center for Epidemiological Studies-Depression Scale (11-item version). The association between PE and the onset of depressive symptoms in the subsequent year was estimated using generalized estimating equations. Effect sizes were reported as odds ratio (OR) and 95% confidence interval (CI). The overall incidence of depressive symptoms was 8.3% during the study period. In cross-sectional analysis, daily employment, disguised employment, lower monthly wages and lack of social insurance coverage were associated with concurrent depressive symptoms in both men and women. Longitudinally, fixed-term employment (OR: 1.17, 95% CI: 1.07-1.29), daily employment (OR: 1.64, 95% CI: 1.45-1.85) and disguised employment (OR: 1.36, 95% CI: 1.17-1.57) were associated with the onset of depressive symptoms among the overall sample. Among men, the lowest quartiles of wage were associated with the onset of depressive symptoms (OR: 1.34, 95% CI: 1.13-1.60), while the absence of a trade union was associated among women (OR: 1.18, 95% CI: 1.01-1.39). Employment insecurity, inadequate income and lack of rights and protection may contribute to depressive symptoms. Therefore, PE serves as a significant social determinant of mental health among workers in Korea. Active policy efforts are warranted to improve the overall quality of employment in the workforce.

A Study on New Indian Labour Code in Employee vs. Employer Perspectives

The New Indian Labour Code has brought significant changes to the landscape of employment relations in India. This study aims to explore the perspectives of both employees and employers regarding the implications of this code. From the employee's perspective, the New Indian Labour Code represents a mixed bag of opportunities and challenges. On one hand, the code introduces provisions for fixed-term employment, which offers greater flexibility and potentially more job opportunities. Additionally, the code amalgamates multiple labour laws into fewer codes, simplifying compliance and reducing bureaucratic hurdles. However, concerns arise regarding the dilution of labour protections, especially in terms of job security, wages, and working conditions. The increased threshold for retrenchment may lead to heightened job insecurity, and the expansion of the definition of 'workers' might exclude certain categories from labour protections. Balancing the interests of both parties and ensuring fair labour practices will be crucial for the effective implementation of the code and the promotion of a conducive work environment in India.

Reasons for the instability of labor relations between teachers and educational organizations of higher education in the Russian Federation

When concluding an employment contract, its parties: a teacher and an educational organization of higher education (employer) are mutually independent, free and equal. However, when determining the content (conditions) of an employment contract, it is hardly possible to rely only on the equality of the parties. Both the teacher and the employer, when determining the terms of the employment contract, first of all, defend their interests. When a compromise is reached and an employment contract is concluded, one can count on the stable nature of the employment relationship. In this case, when concluding an employment contract, labor relations will be stable. In order to achieve stability in labor relations, the parties to an employment contract must come to a certain compromise on all the terms of the employment contract, including its duration. It should be recognized that the most acceptable for a teacher to maintain stable employment relations in the future is the conclusion of an employment contract for an indefinite period in accordance with Part 1 of Art. 332 of the Labor Code of the Russian Federation. However, this type of employment contract is evaluated differently by teachers and employers. A teacher, as a rule, focuses on a long-term employment relationship or on the conclusion of a fixed-term employment contract, but for a maximum period of five years. In turn, the employer is interested in concluding an employment contract, where there is no long-term nature of legal relations, and as a stronger party imposes on the teacher the conclusion of a fixed-term employment contract for shorter periods (for one year or one semester). The conclusion of such "short-term" employment contracts violates the balance of interests of the parties to labor relations in favor of the employer and provokes their instability. This article will consider only some of the reasons that cause instability of labor relations between a teacher and an educational organization with repeated conclusion of fixed-term employment contracts between them for the shortest possible time.

The reform of fixed-term employment contracts in Italy

The reform of fixed-term employment contracts in Italy

Case note on Swedish Labour Court case no. 33, 2023 (AD 2023:33)

This case note discusses Swedish Labour Court case No. 33 of 2023 (AD 2023:33). The case involved a fixed-term worker employed as a personal assistant under a specific form of fixed-term contract regulated by collective agreement. The trade union sought to have the employment contract converted into a contract of indefinite duration and the form of fixed-term employment used to be declared invalid. Furthermore, it requested that the court should seek a preliminary ruling on whether the specific situation and conditions of work in the case could be considered objective reasons in accordance with clause 5(1)(a) of the Fixed-Term Framework Agreement. The Swedish Labour Court decided that the Fixed-Term Work Directive was not applicable in the case and that there was no reason to ask for a preliminary ruling. This case note discusses the outcome of the case and the reasoning of the Swedish Labour Court of specific interest in relation to the Fixed-Term Work Directive.

The interdependence between the choice of fixed-term professional workers and the control environment

Many organizations have professional employees on fixed-term and ongoing employment contracts. While hiring employees on fixed-term contracts offers organizations operational flexibility and other benefits, it also brings about challenges in the form of relatively lower goal alignment and ability of these employees, thus creating the need for management controls. At the same time, given the costs and constraints of designing and implementing a control system, we expect that the planned use of fixed-term workers would be affected by the type of control environment that organizations are willing or able to create. Hence, this study investigates whether an organization's choice of its control environment and its use of fixed-term professional employees are interdependent (i.e., made jointly). Using surveys from different sources and archival data from the education sector, we find that some types of controls (i.e., action controls and organizational culture) and the organization's choice of using fixed-term employees are interdependent, while other controls (i.e., employee selection practices and results control) are independent of this choice. We also find that the interdependence between the choice of using fixed-term employees and the control environment is generally weaker when organizations use fixed-term contracts as an implicit screening mechanism for ongoing employment. Finally, in additional analysis, we find evidence that the interdependence between controls and the use of fixed-term employees is primarily due to concerns related to goal alignment rather than ability.