Fixed-term Employment Contracts Research Articles

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.

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

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.

The Perspective on The Norm of Severance Pay Compensation For Fixed-Term Employment Contracts Based on Law No. 11 of 2020 on Job Creation is Linked to Legal Certainty

The changing landscape of the millennial-era business world demands affordability and quality, necessitating a minimal cost strategy for optimal performance. Before 2000, permanent employment was the norm, but thereafter, employers began using fixed-term employment agreements managed by outsourcing firms. Various aspects of the employer-employee relationship have been regulated in employment law, including Law No. 13 of 2003 on Manpower and Law No. 11 of 2020 on Job Creation. However, implementing these regulations, particularly concerning compensation for fixed-term employment under Law No. 11 of 2020, has created legal challenges, notably for employers in sectors like cleaning, parking, security, and more. This study employs a normative legal research approach, analyzing legal provisions and their real-world applications. It aims to assess the applicability of severance compensation rules for fixed-term employment agreements in outsourcing companies. The findings will be presented in a report scheduled for publication in July 2023.

Nowe zasady wypowiadania umów o pracę na czas określony

The article is devoted to the issue of recent changes in the Polish Labor law regarding the termination of fixed-term employment contracts. After the 2015 amendment, this is another major change in this area. How this issue has been normalized has raised many doubts in the science of labor law for years. It requires taking into account and balancing several important issues: the essence and purpose of the fixed-term employment contract in labor law, the equal treatment of employees on fixed-term and indefinite contracts, and the potential impact of the regulation on the labor market. The article aims to show the background to the amendment of the provisions on the termination of fixed-term contracts and its potential effects while taking into account the jurisprudence of courts and views presented in this regard by representatives of the labor law doctrine.

Risk of reclassification of GPC into a fixed-term employment contract

What conditions in the GPC contract entail the risk of reclassification into a fixed-term employment contract? Is it possible to conclude a GPC agreement with a loader if this position is present in the state of the institution? How to prove that the GPC contract is not labor?

The procedure for exercising the right to participate in public works in the social insurance system in case of unemployment

The article is devoted to the study of the procedure for exercising the right to participate in public works by persons in the social insurance system in case of unemployment. The analysis of normative acts of Ukraine, which regulate legal relations regarding the involvement of persons in public works on a voluntary basis, was carried out.
 As a result of the study of the relevant legal framework, it is substantiated that public works in general are a temporary form of employment for citizens who are looking for work only on the referral of the territorial employment body in the order of mandatory conclusion of a fixed-term employment contract, which expresses the free will of both the employee and the employer in the event of employment relations.
 An integral element of the selection of public works is the written consent of the person. Analyzing the procedure of giving consent by a person to participate in public works in the relevant legislative acts, it is possible to follow at least several stages of giving such consent in written form. The initial stage of approval for public works is related to the issuance of a personal card. Further, the consent is recorded in the individual service provision plan (for persons who are in a state of partial unemployment) and the individual employment plan (for the registered unemployed). The final stage of approval is characterized by the absence of a refusal to conclude an employment contract in the referral for employment.
 On the basis of the studied provisions of the legislation of Ukraine, it has been proven that the Vacancy Information is a source of information about the proposed temporary jobs at the relevant employer under the terms of a fixed-term employment contract, which is provided by the employment center under the conditions and in the order provided for drawing up individual plans for the provision of services and employment. At the same time, it is mandatory to enter information about the vacancy with the serial number of the document that certifies the completeness and authenticity of the information provided by the employment center.
 In the process of clarifying the procedure for the selection of public works, it is proposed to provide that a person must within 10 working days agree to employment or refuse to participate in public works based on the vacancies offered to him. What is noted in the individual plans for the provision of services and employment with an entry in the personal card after the decision of the employment center to issue a referral for employment. The basis for issuing an order to hire an employee, if none of the parties has refused to conclude an employment contract, is a referral for employment.

A study on the relationship between the disorganization of labor and precarization

Working relations have experienced significant changes in post-industrial societies compared to traditional periods. Today, atypical employment models shape the labor market, including flexible employment formats, outsourcing, and various agency work such as staffing. The part or full-time employment model not dependent on a specific employer, described as "precarization," is becoming widespread and is the primary focus of this study. With precarization, unionized and organized labor is replaced by precarious working models, including working styles, mobile jobs, flexible working hours, and fixed-term employment contracts. These changes are reshaping labor relations in many countries globally, especially under the pressure of neoliberal theses. Precarization has caused a significant decrease in unionized employees, especially since the 1970s, which continues today. As a result of de-unionization, a new precarious class of precarious is emerging. The primary purpose of this study is to show the effects of the strategy of disorganization of labor on the "precariat" class, which has been described in recent years as the new social class. This is an empirical study based on secondary data sources. The secondary sources' findings show that a relationship between "precarization" and "disorganization of labor" can be established.

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.

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.

Some aspects of protection of labor freedom in higher education institution

The successful implementation of the activities of the higher educational institution, its prestige and quality depend to a significant extent on the qualifications of the academic staff and the skills of knowledge transfer. Freedom of labor is its main foundation. Therefore, the subject of our research in this article is the provision of freedom of work for academic staff. The purpose of the study is to reveal the challenges of ensuring the freedom of work of professors, associate and assistant professors, as well as academic staff as a whole, and ways to solve them. The object of research is the international and Georgian legislation on the regulation of labor relations, its protection. For this purpose, we used the methods of analysis, synthesis and critical evaluation of the implementation of the laws regulating the freedom of labor of academic staff in practice. At the higher educational institutions of Georgia, the practice of signing a labor contract for a specified period of time is established for the contest winners and also then re-announcing the vacant position after the expiration of same contract. On the one hand, such an approach is ineffective in terms of content and on the other hand, it contradicts the requirements of the international and Georgian legislation, because it increases and contributes to the emergence of threats to academic staff, restrictions on their freedom , manipulation, favoritism, nepotism, and corruption. According to Article 12 of the Labor Code of Georgia, the winning staff must sign a lifetime contract. There is no other objective circumstance that justifies the conclusion of a fixed-term employment contract. Accordingly, the requirements of the law on higher education, which concern the holding of periodic re-competitions, contradict the organic law of the labor code, which itself indicates that it must comply with its requirements. Based on all of the above, increasing the effectiveness of the education system, perfecting the personnel system, promoting teaching by qualified teachers for students as much as possible, bring the Georgian educational legislation closer to the best practices of the European education system, it is advisable for higher educational institutions to get rid of restrictions on the freedom of work of academic staff and to comply with the requirements of international and Georgian labor legislation. Key words: System of education, Academic staff, freedom of labor, labor contract, effectiveness of teaching.

How do Effort, Reward, and Their Combined Effects Predict Burnout, Self-rated Health, and Work-family Conflict Among Permanent and Fixed-term Faculty?

Employment conditions and psychosocial factors have been linked to various health-related outcomes in different occupational groups, but few studies focus on the conditions in academia. This study explores the effects of effort, reward, and their interaction to explain health-related outcomes, namely burnout, self-rated health, and work-family conflict among academic faculty in Sweden. We also explore these effects among those with permanent and fixed-term employment contracts. Questionnaire data, collected online in 2016, came from 2335 employees (57% women) with a doctoral degree, working at a Swedish higher education institution. Latent moderation analysis combined with multi-group analysis was conducted. Main effects of effort were found for all health-related outcomes revealing that effort was associated with higher burnout, poorer self-rated health, and greater work-family conflict. Reward was negatively associated with burnout and self-rated health revealing that reward reduced burnout and improved self-rated health. The interaction between effort and reward was significantly associated with all outcomes among permanent contract employees, but was non-significant among those with fixed-term contracts. This may suggest that fixed-term faculty are less affected by the presence or lack of reward. Overall, the findings emphasize the importance of the psychosocial work environment to understand health-related consequences for permanent and fixed-term faculty with a doctoral degree.

Axiological ground of labor law (experience of the Republic of Belarus and the Russian Federation)

The article attempts a comprehensive analysis of the axiological principles of labor law, based on the legislative experience and law enforcement practice of the Republic of Belarus and the Russian Federation. In the introduction, the authors define the concept of the axiology of labor law as part of the philosophy of labor law. The scientific discussion about the ideas, goals and values of labor law, existing as in the Western science of labor law, is demonstrated. The following parts of the article explore the key values and principles of labor law with value content, which are most important for the branch of labor law. Special attention is paid in the article to the principles of freedom of labor and freedom of the labor contract, the prohibition of forced labor. The problem of “golden parachutes”, which is relevant for modern Russia, is touched upon, which contradicts the idea of social justice. The norms of the labor legislation of the Republic of Belarus and the Russian Federation are compared with international labor standards formed within the framework of the International Labor Organization. Concrete proposals are made to improve the labor legislation of the Republic of Belarus and the Russian Federation in the direction of ensuring the above-mentioned legal principles with evaluative content, as well as to achieve the goal of ensuring the quality of working life of employees and other categories of workers, including employees engaged under fixed-term employment contracts (contracts) and various categories of self-employed persons. In conclusion, ideas on further harmonization of the legislation of the Republic of Belarus and the Russian Federation, with other member states of the Eurasian Economic Union are formulated.

LEGITIMACY OF A FIXED-TERM EMPLOYMENT CONTRACT BASED ON REMOTE WORK CONCEPT FROM THE PERSPECTIVE OF THE JOB CREATION ACT

Labor issues are a social, political and economic phenomenon in modern countries, including Indonesia, and require a way that is no longer conventional in improving the system in employment. As such, remote working can be the solution. The implementation of Remote Working in Indonesia depends on three legal aspects, namely the Criminal Code, the Job Creation Act along with the Labor Law, and the ITE Law. This study aims to analyze the Fixed-Term Employment Contract (PKWT) work relationship based on remote work concept from the perspective of the job creation act and find out the implementation and problems of Fixed-Term Employment Contract. This study employs a normative legal research technique derived from laws and regulations employing a library research technique. According to the findings of this study, Fixed-Term Employment Contract with the Remote Working concept must also adhere to the Labor Law and the Job Creation Act. Besides, the parties who engages on the Fixed-Term Employment Contract must also consider a number of additional legal factors in order to ensure the agreement's legitimacy and the protection of each party's rights and obligations. Despite the passage of the Job Creation Act, it turns out that there are still several issues that require attention.

Is the Existing Model of Preventing the Abuse of Fixed-Term Employment Contracts in Poland and Germany Sufficient in the Face of the COVID-19 Pandemic?

The need to prevent the abuse of fixed-term employment contracts, having its legal basis in the framework agreement on fixed-term work, implemented by Council Directive 99/70/EC, may have been weakened by the tendency to become more flexible in the face of the socio-economic conditions related to the coronavirus pandemic. From the point of view of an employee, it is important to be employed under an employment contract, ultimately for an indefinite period. Long-term employment on a temporary contract is associated with the phenomenon of precarization of employment and leads to segmentation in the labour market. The purpose of this paper is to answer the questions of whether the state of pandemic affects in some way the possibility of concluding fixed-term employment contracts, in particular whether it can constitute an objective reason justifying the conclusion of such an employment contract.

Mental illness rates among employees with fixed-term versus permanent employment contracts: a Danish cohort study

PurposeIt has been hypothesized that employment in a fixed-term instead of permanent contract position is associated with an increased risk of development of mental health problems. The present study aimed at estimating rate ratios between fixed-term and permanent employees in the Danish labor force, for use of psychotropic drugs and psychiatric hospital treatment due to mood, anxiety or stress-related disorders, respectively.MethodsEmployment data were drawn from the Danish Labor Force Survey of 2001–2013, which is a part of the European Labor Force Survey. Full-time employed survey participants without mental illness at the baseline interview (N = 106,501) were followed in national health registers for up to 5 years. Poisson regressions were used to estimate rate ratios for redeemed prescriptions of psychotropic drugs and psychiatric hospital treatments due to mood, anxiety or stress-related disease. The analyses were controlled for age, gender, industrial sector, nighttime work, level of education, calendar year, disposable family income and social transfer payments within 1 year prior to the baseline interview.ResultsThe rate ratio for hospital diagnosed mood, anxiety or stress-related disorders among employees with fixed-term vs. permanent employment contracts was estimated at 1.39 (99.5% CI 1.04–1.86), while the corresponding rate ratio for redeemed prescriptions of psychotropic drugs was estimated at 1.12 (99.5% CI 1.01–1.24).ConclusionThe present study supports the hypothesis that employment in a fixed-term rather than permanent contract position is associated with an increased risk of developing mental health problems.International registered report identifier (IRRID)DERR2-10.2196/24392.

Termination of an employment contract at the initiative of an employee in Russian practice: historical and legal view

The article in a retrospective aspect examines the problem of legal regulation of termination of an employment contract at the initiative of an employee. The influence of historical experience on modern legislation and the practice of applying dismissal of their own free will is shown, traditions and innovations in this matter are revealed. It is noted that in the process of its development, the legislative provisions that determined the conditions and procedure for dismissal at the initiative of the employee did not always ensure the necessary balance of interests of the parties to labor relations and the state. They were more aimed at the implementation of the production, and not the socio-protective function of labor law. The norms that determined the conditions and procedure for terminating the contract at the initiative of the employee for the first time began to be enshrined in the acts of factory legislation of the imperial period, but at that time they had not yet received proper detail. In the Soviet era, the position of the legislator regarding the possibility of terminating an employment contract at the initiative of an employee was not consistent, ranging from recognition of dismissal to his complete rejection. The most fruitful influence on improving the legal regulation of termination of an employment contract at the initiative of an employee was the Soviet legal practice of the period of validity of the Foundations of Labor Legislation of 1970 and the KZoT of 1971. Legal experience, first of all, of this period formed the basis of the norms on dismissal of their own free will in the current Labor Code of the Russian Federation. At the same time, the modern legislator reasonably abandoned, perhaps, the main rudiment of the previous regulation - limiting the possibility of termination at the initiative of an employee of a fixed-term employment contract.

Unfair Termination of the Fixed-Term Employment Contract in its Duration Period within the Framework of Supreme Court

İş sözleşmesinin işveren veya işçi tarafından haklı nedenlere dayanılarak feshedildiğinin ileri sürülmesine karşın gerçekte böyle bir neden yoksa veya haklı nedenler bulunmakla birlikte fesih hakkı hak düşümü süresi içinde kullanılmamışsa ya da usulüne uygun olarak yapılmamışsa haksız sayılır. Haksız fesih belirsiz veya belirli süreli iş sözleşmelerinde işveren veya işçi tarafından yapılabilir. Belirli süreli iş sözleşmesinin herhangi bir haklı nedene dayanmaksızın sürenin bitiminden önce işverence sona erdirilmesinin hukuki sonucu İş Kanunu’nda düzenlenmemiştir. Türk Borçlar Kanunu bu tutumun bir haksız fesih oluşturduğunu, sözleşmeyi sona erdirdiğini, işçinin bakiye sözleşme süresine ilişkin ücret tutarını tazminat olarak talep edebileceğini ve mahkemenin hükmetmesi halinde ayrıca bir haksız fesih tazminatını isteyebileceği açıkça hükme bağlamıştır.

THE ELEMENTS OF A GENUINE FIXED-TERM CONTRACT: A REVIEW ON MALAYSIAN LEGAL FRAMEWORK

Fixed-term employment generally may be referred as an employment contract in which an organization hire an employee for a specific time period. The primary objective in offering a fixed-term employment contract is because the employer does not have to commit to the permanent employment of the incoming employee. There is no issue of unfair dismissal arises in the principle of fixed-term contract. The Court will determine whether the employment contract in dispute is in fact a genuine fixed-term contract or a permanent contract disguised as fixed-term instead. The employer is not obliged to renew the contract after its expiry and no reasons need be given for non-renewal once it was established that the employment contract is a genuine fixed-term employment. Furthermore, aside from various meaning of genuine fixed-term contract defined in Malaysian cases, it not may not always be successful to protect the employee. Thus, this paper focuses on the issue of the employees’ rights and protection recruited under fixed-term contract in Malaysia by referring to the previous cases.