Individual Employment Contracts Research Articles

Discrimination Against Vulnerable Personnel in the Workplace

Abstract The paper aims to address the dimensions of discrimination faced in the labor market, from the perspective of the employment process and workplace discrimination by some categories of vulnerable staff, as defined in the reports of the European Union, and the reports of the Romanian institutes, bodies and NGOs. The literature focuses mainly on vulnerable groups, frames, and situations of discrimination, types of vulnerabilities or methods by which these people are discriminated against, and too little on the coping mechanisms that they use. The research method was a questionnaire survey using a quantitative methodology. It consists of several sections and was administered to a sample of 66 respondents, aged over 18 years. The research questions aim to reveal the discriminations that occur and how these manifest. After the application of the questionnaire, the data was interpreted by the authors and it emerged that the discrimination manifests in various ways from the early stages of the employment process until the conclusion of the individual employment contract. The aim was to quantify and expose harmful practices of the employers that promote practices that are considered unethical, illegal, or discriminatory, in some cases, and that have repercussions on the individual, on the company in which they work, by affecting the working environment, creating internal tensions and creating a toxic organizational culture leading to a negative financial impact.

Validity of the Arbitration Clause in the International Employment Contract: the Viewpoint of the GCC Countries

In this paper we will evaluate the significance of the arbitration clause in international employment contracts. Our aim is to understand how this particular alternative dispute resolution (ADR) mechanism is utilized in the Gulf Cooperation Council (GCC) countries. Even though the law in several countries aims to protect employees by prohibiting arbitration agreements (due to considerations of employee protection), we argue that it should be optional for the employee to enter into labour agreements with arbitration clauses. This is especially important when the arbitration agreement achieves the employees’ interests, and is agreed upon with informed and clear consent. We will engage with arguments which advocate the prohibition of arbitration agreements within Individual Employment Contracts (IECs); whilst taking the position that the flexibility, speed, confidentiality and predictability of arbitration provides specific advantages to international employees compared to litigation before court. Furthermore, in the context of a desire on the side of GCC countries to attract high-skilled labour (and when there are many misconceptions regarding the adjudicative functions of labour law courts in the GCC), arbitration clauses can play a significant role in mediating between different legal cultures.

Mediation Techniques in Labor Conflicts

In the event of a labor dispute, the employer and the employee can resort to mediation. Mediation is an alternative way to the court that aims to resolve the confl ict between the parties amicably, with the help of a third person, namely the mediator. The purpose of this work is to inform the citizens of the Republic of Moldova about mediation techniques in the resolution of labor disputes. The alternative solution of civil cases was the object of analysis in reports devoted to the effi ciency and modernization of justice, being concerned that judges and lawyers in Moldova are still not prepared for the use of this method. The author set himself as an object: the popularization of labor dispute mediation techniques; raising public awareness of the benefi ts and advantages of mediation, the activity of a mediator, international practices and the complexity of the fields in which mediation can be used; increasing public confidence in the mediation process and its effects. Mediation techniques are those that allow us to go to the root of the problem and solve it more or less quickly. One of the most important functions of the personnel department is the resolution of labor conflicts, which will ensure a good working environment. Mediation means finding an agreement acceptable to the parties, but not ensuring justice. Labor conflicts generally concern aspects related to the continuation, termination, execution of an individual employment contract. Another category of conflicts concerns collective labor contracts. The third category concerns workplace conflicts that arise between colleagues or departments. Mediation offers the possibility of resolving these conflicts in a short time, turning an unfavorable situation into a new opportunity and finding long-term solutions.

Some deficiencies of regulation and promotion of the concept of material liability in employment relations

The interest of researching the concept of material liability in labor law relations is generated by the uncertainty of its legal nature, which is due to the diversity of opinions regarding its belonging to the branch of law. On this occasion, the present study is initiated from the consultation of the Moldovan doctrinal position on this segment, with the extension of the study to the examination of the doctrine of the neighboring states, with the subsequent statement of one’s own opinion regarding the legal essence of liability in the matter of labor relations. Also, the paper presents its own points of view on the appropriateness of considering material liability as a form of legal liability attributed to labor law, with the submission of rigorous arguments. The central purpose of this work is to clarify the legal nature of the liability of the parties to the employment contract, but also to show its place among the forms of legal liability. As secondary objectives are those of elucidating the problems related to the material liability of the employer for the damage caused to the employee, namely by researching the concept of material liability as an integral part of legal liability, the general conditions for the appearance of material liability, material liability for damage caused by the activity that creates an increased danger for those around, the identification of the types of material liability and their delimitation, the grounds for holding the employer to material liability for the damage caused to the employee. Keywords: liability, individual employment contract, employment relations, employer.

The evolution of individual and collective rights in the Chinese workplace

ABSTRACT Due to the underdeveloped nature of organized labor, it is possible to view the ‘individual’ and ‘collective’ components of labor legislation in China as separate and severable. This article aims to challenge such thinking by arguing that collective labor law and collective bargaining practices in China have profoundly shaped the law of employment contracts and individual employment relations. To this end, analyzing the laws surrounding individual employment contracts should not proceed without considering collective labor law. This article investigates, in the first three decades following the establishment of the People’s Republic of China in 1949, the significance of collective rights to the underdevelopment of legal rules of employment rights and the emergence of the socialist social contract. This article also examines, after the economic reform of 1978, the various ways collective bargaining contributed to the transformation from the socialist social contract to the standard contract of employment and from an underdeveloped to a comprehensive framework of employment legislation. Finally, in the post-economic-reform decades, the analysis suggests that collective bargaining encourages the empowerment of trade unions with legislative and administrative efforts and facilitates the incorporation of terms and conditions improvement into individual employment contracts.

Dismissal of employees due to reduction of the number or state of staff

The dismissal of employees reprezents the termination of individual employment contracts at the initiative of the employers. Dismisssal of employees is allowed only in the cases strictly provided by lae, the eployer not havind the roght to establish additional cases of dismissal of employees through normatice acts at unit level. The economics crisis iften causes employers ti lay off employees duet o a reduction in the number or staffing levels. In these cases of employee dismissal, the employer is obligated ti comply with a series of legal conditions, mbeing the mostcomplex procedure for employee dismissal. In this article we propose ti analyze the normative framework related to the procedure for the dismissal of employees due to a reduction in the number or stuffing levels.

The Impact of Additional Taxation of Part-Time Employment Contracts in the Romanian Economy Against the Background of an Accumulation of Recessions

For the business entities, especially for micro-entities, the year 2022 has represented an economic collapse due to fiscal changes. One of the most controversial measures adopted by the Government aims overtaxing of the employees who obtain income based on a part-time individual employment contract. The article hereby aims to draw attention to the impact of the Fiscal Code changes on the income from salaries for the part-time employment contracts, changes overlapped against the background of the world energy crisis and the military crisis at the Romanian border.

Legal liability for breach of employment contract duties and breach of ethics rules in university activity. Individualization of applicable sanctions

The teaching and research staff, the teaching and research staff auxiliary, as well as the management, guidance and control staff in higher education are disciplinary liable for breach of their duties under the individual employment contract, as well as for breach of ethical or behavioral rules which harms the interest of education and the prestige of the university. The sanctions applicable in such cases are those provided for in the legislation underlying the conduct of teaching activities, but it is necessary that they be individualized so that the general principles of fairness and good faith are respected.

Termination of individual Employment Contract during an inappropriate time under Albanian legislation

Termination of individual Employment Contract during an inappropriate time under Albanian legislation

Disciplinary liability of employees in the work field. reflections on the legal nature

This study analyzes in detail the legal nature of the legal institution regarding the disciplinary liability of employees, highlighting the elements of the legal nature. Research into the legal nature of disciplinary liability of employees is a necessity, especially a legal one, because it provides the scientific and practical environment, results and guiding ideas on the correct application of the institution of disciplinary liability of employees in the field of work. In this context, reference was made to the doctrine of labor law in Moldova, Romania, Russia and it was concluded that only the person who is in a legal employment relationship with an employer can be subject to disciplinary misconduct. As a methodology in the elaboration of the article, it constituted the legislative and doctrinal analysis containing norms and interpretations on the institution of disciplinary liability of employees in the field of work. The role of the individual employment contract, the internal regulations of the unit and the collective labor contract, in determining the disciplinary liability of the employee and, as a result, the disciplinary sanction were also not overlooked.

CONSIDERATIONS REGARDING THE CONTINUATION OF THE EMPLOYMENT RELATIONSHIP OF THE EMPLOYEE WHO HAS REACHED THE STANDARD PENSION AGE

The continuation of the activity in the same position as a result of the annual extension of the individual employment contract, does not take place for more than three years by concluding, every year, an additional act to the individual employment contract. The addendum does not transform the individual employment contract of indefinite duration into an individual employment contract of fixed term. The conclusion of a new individual fixed-term employment contract is required only in the event that the initial contract terminates by right, and the employee in question becomes a retiree and to continue in this capacity the employment relationship. The employer must not justify his choice not to extend the employment relationship of the employee who meets the conditions for retirement.

Unfair Labour Practices in Industrial Relations in Nigeria and the Role of the National Industrial Court

Basically, the relationship between the employer and the employee is taken as regulated by the individual contract of employment with vital aspect of the contract agreed upon by the parties without interference. The reality is that the freedom of contract does not appropriately consider parties who for economic, social and political reason are in a position that hardly can such a party be said to possess any bargaining strength. This invariably creates unfair and uncivilized industrial relation practices. These are practices that do not conform with best practices in the labour circle as may be enjoined by local and international bodies. Although, there are legislations which protect the right of workers, it is amazing they still suffer some unwholesome acts. These practices include Casualization of Workers, Poor Remuneration, Discrimination at Work, Wrongful dismissal and Sexual Harassment; but not limited to the ones mentioned, as the list is unending. Hence the urgent need to curb this menace, that is ravaging the labour sector.The thrust of this paper is to shed light on the unfair labour practices in industrial relations and the role of the National Industrial Court in handling such unfair labour practice. Keywords: Unfair Practices, Employers, Employee, Contract of Employment, uncivilized, National Industrial Court, Worker and Labour DOI: 10.7176/JLPG/119-11 Publication date: March 31 st 2022

The organizational period in the Jordanian employment contract: المدة التنظيمية في عقد العمل الأردني

The study aimed to demonstrate the importance of the organizational periods and the domain of applying them in the Jordanian employment law, especially that the law didn't address the concept of organizational period and didn't show the periods that are considered within organizational periods within the Jordanian employment law. The study used the analytical descriptive approach, where the study investigated the legal laws and the courts' rules relevant to the study topic. The organizational period in the Jordanian employment contract refers to the period mentioned by the Jordanian legislator and forced individuals to apply it according to certain rules. The researchers addressed the organizational period in the Jordanian employment contract by dividing the study into two topics, where the first topic addressed the extent to which the periods of individual work contract are considered as valid from the organizational periods. The study demonstrated the meaning of limited-time individual employment contract and the non limited-time employment contract and then demonstrated the difference between them. In the second topic, the researchers discussed the period of judging the urgent cases and illustrated the extent to which they are considered within the organizational periods. The researchers concluded with a number of results and recommendations, including that the non limited-time contracts imply that the party intending to terminate the contract should inform the other party within a period of one month at least, and the Jordanian employment law stated that the magistrate Court should adjudicate the employment disputes within no more than three months. The study recommended the necessity of urging the Jordanian legislator to amend the Jordanian employment law No. 8 of 1996 by determining the time period during which the limited-time employment contract is valid in order to consider it within the organizational period, since the Jordanian legislator stated in the Jordanian civil law No. 43 of 1976. The study also recommended that the Jordanian legislator should determine a certain period of time for litigation before the authority of rents and organize that in a legal way to ensure implementing it in the right way.

ASPECTS REGARDING THE LEGALITY OF THE DISMISSAL DECISION

Dismissal is the legal institution that, on the initiative of the employer or for reasons related to the employee, causes the termination of the individual employment contract. In case of application of the provisions of art. 65 of the Labor Code, regarding the termination of employment for reasons not related to the person of the employee, the topic is of the utmost relevance, in the current economic context. The legality of such a dismissal decision will relate to the existence of a real and serious cause, thus eliminating the possible subjective conduct of employers, not accepting the absence of the actual cause or the elements that define discrimination in employment relationships. The article discusses the conditions of legality of a dismissal decision leading to the termination of employment, as well as the accepted motivation, with reference to opinions in legal doctrine and practice.

МЕДІАЦІЯ ЯК АЛЬТЕРНАТИВНИЙ СПОСІБ ВРЕГУЛЮВАННЯ ТРУДОВИХ СПОРІВ

The article is devoted to the study of mediation as a way of solving individual labor disputes. Mediation as an alternative out-of-court method of conflict resolution, which simultaneously serves as one of the ways to protect the labor rights of employees and employers, is still at the beginning of its development. The differences between the judicial process, the resolution of labor disputes in the commission on labor disputes and mediation are defined. Some advantages and disadvantages of the Law of Ukraine "On Mediation" are identified. It was found that the Law of Ukraine "On Mediation" explicitly states that the mediation procedure (dispute settlement with the participation of a mediator) excludes collective and is applicable only to individual labor disputes. It is noted that the principles enshrined in the Law of Ukraine "On Mediation" apply to all stages of mediation, and not only to the stage of preparation for mediation. The article also emphasizes that in the field of labor, labor disputes can also arise from these relations, which formally and legally do not belong to labor. Similar conflicts can also be resolved using the mediation procedure, but for this the Codex of Labor Laws of Ukraine must specify the subject of regulation. It is noted that it is possible to note the obvious benefits of mediation as a way of settling labor disagreements and disputes, but in the event that mediation will be marked in the laws as a mandatory stage in the resolution of individual labor disputes. Otherwise, the low role of mediators in the settlement of such disputes is guaranteed. It is proposed to legislate confirmation of mediation as a way of protecting the labor rights of employees and employers at the stage of concluding an individual employment contract by including in the content of the employment contract a clause on the possibility of resolving an individual dispute with the help of conciliation procedures, including in the form of mediation. It is proposed to add a provision to the Law of Ukraine "On Mediation", according to which the deadline for filing a lawsuit in court is suspended for the duration of the mediation procedure.

Wybór prawa dla umowy o pracę. Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 15 lipca 2021 r. w sprawach połączonych DG, EH c/a SC Gruber Logistics SRL (C-152/20) oraz Sindicatul Lucrătorilor din Transporturi, TD c/a SC Samidani Trans

This paper comments on a recent ruling concerning the choice of law to the individual employment contract according to the Rome I Regulation. In the judgement in the joined cases C–152/20 and C–218/20 (DG, EH v. SC Gruber Logistics SRL and Sindicatul Lucrătorilor din Transporturi, TD v. SC Samidani Trans SRL), the Court of Justice of the European Union (CJEU) provided the interpretation of Article 8 of the Rome I Regulation on two issues.
 At first, the EU Court was asked about the freedom of choice of law applicable to the individual employment contract if (a) national law required the inclusion of a clause into that contract under which the contractual provisions are supplemented by national law and (b) the contractual clause concerning that choice was drafted by the employer. The second issue was connected with the concept of the employee’s protection, under which the choice of law may not have the result of depriving the employee of the protection afforded to him (her) by provisions that cannot be derogated from by agreement, under the law that would have been applicable to the contract in the absence of choice.
 Regarding the first question, the CJEU admitted that the parties to an individual employment contract dispose of freedom to choose the law applicable to that contract, even if the contractual provisions are supplemented by national labour law under a (relevant) national provision, if “the national provision in question does not require the parties to choose national law as the law applicable to that contract”. Secondly, the Court found that the parties to an individual employment contract were “to be regarded as being, in principle, free to choose the law applicable to that contract, even if the contractual clause concerning that choice is drafted by the employer”. Therefore, the CJEU confirmed the application of the rules concerning the choice of law resulting from Article 3 of the Rome I Regulation to the individual employment contracts.
 Referring to the second issue of the commented ruling, the CJEU confirmed that Article 8 (1) of the Rome I Regulation must be interpreted as meaning that, where the parties have chosen the law governing the individual employment contract, the application of the law that would apply to the contract in the absence of choice must be excluded, with the exception of “provisions that cannot be derogated from by agreement”, if those provisions offer the employee concerned greater protection than those of the law chosen by the parties. The EU Court underlined that rules on the minimum wage could be treated as “provisions that cannot be derogated from by agreement” and the law that, in the absence of choice, would be applicable should decide about it. Unfortunately, it is necessary to follow the commented judgment’s justification to correctly understand the concept of an employee’s protection applied in Article 8 (1) of the Rome I Regulation. The thesis of the ruling in this regard seems to be too laconic, and it can be misinterpreted.

Characteristics of the Scandinavian model of legal regulation of labor relations (on the example of Iceland)

This article considers scandinavian legal regulation of labor relation on the example of Iceland. The author analysed the basic laws governing labor relations, and concluded that Icelandic labor law works in conjunction with collective agreements. The rules and conditions of collective agreement are more adapted to specific types of organisations, unlike legislation rules of which applies to all types of organisations. Collective agreements are binding for all parties to the agreement, regardless of whether they are organizations or individuals. The responsibility for the company lie with employers’ confederations, trade unions and employees, that’s why the state doesn’t interfere in regulation of wages, working conditions and social protection, because they are mainly guaranteed by collective agreements, not by legislation. Labor disputes in Iceland are divided into “disputes of law” and “disputes of interest” and have different resolution mechanisms. “Disputes of law” concern the interpretation or application of the provisions of labor law: differences in the meaning of the statutes; provisions of individual employment contracts; provisions of collective agreements; and other legally binding provisions. “Disputes of interest” concern the establishment of new laws by agreeing on the contradictory content of collective agreements, working conditions etc. There are two stages of Icelandic procedure of labor disputes : 1) negotiations; 2) trial. Icelandic Labor Court is an integral part of the corporate structure of labor market. Labor Court is responsible for setting and creation of case law and balance industrial relations system and labor law. Another important role in Icelandic labor market is played by trade unions. By signing collective agreements with employers’ organisations trade unions strength labor market and provide employees with better working conditions that are more adapted to specified categories of industries.

SOCIAL INEQUALITY IN TEACHERS REVIEWED BASED ON DIFFERENCES IN TEACHER EMPLOYMENT STATUS IN DKI JAKARTA

This study discusses the social gaps in teachers reviewed from differences in teacher staffing status in DKI Jakarta. The status of existing teachers is; Civil Servant Teachers (PNS), Individual Employment Contract Teachers (KKI), and School Honorer Teachers. The research aims to see how gaps occur in teachers with different staffing statuses. The study used the concept of material disparity and Dahrendorf's authority to look at gaps in teachers. Previous studies of teacher inequality have been limited to policy gaps in teachers and teacher welfare gaps. This study shows that differences in teacher staffing status can lead to material and authority gaps occurring in teachers. This study uses qualitative case studies with informants of civil servant teachers, KKI teachers, and school honorer teachers in DKI Jakarta as research subjects.

The implications of the Corona pandemic on the individual employment contract in the Qatari labour law – Comparative analytical study

ما زالت جائحة كورونا تلقي بتداعياتها على علاقات العمل في القطاع الخاص، سواءٌ من حيث لجوء أصحاب الأعمال إلى إنهاء عقود العمل، أو تعديل طريقة أداء العمل، أو تعديل وقت العمل أو حتى تخفيض الأجور. وثار السؤال عن مدى مشروعية تلك الإجراءات التي قد يتخذها صاحب العمل بإرادته المنفردة. لذلك، بدأت الأوساط الفقهية تجتهد في توصيف الحالة التي أنشأتها جائحة كورونا، وذلك لمعرفة؛ هل كان فيروس كورونا سببًا يعتد به قانونًا لإنهاء عقود العمل من جانب أصحاب الأعمال دون اعتبار ذلك إنهاءً تعسفيًّا؟ أو على الأقل سببًا لمنح أصحاب الأعمال الحق في تعديل عقود العمل من جانب واحد؟ أم أن التشريعات الناظمة لعلاقات العمل لا تتضمن نظامًا متكاملًا باستطاعته استيعاب الحالة الناشئة عن تلك الجائحة؟ وبالتالي، فإن السؤال يطرح نفسه حول ما كشفه هذا الوباء من حالة عدم الكفاية التشريعية لمعالجة أثر الطوارئ الصحية على علاقات العمل، هذه التساؤلات تشكل المحاور الإشكالية لهذا البحث.

DERECHO INTERNACIONAL PRIVADO EUROPEO Y APLICACIÓN DE LAS DIRECTIVAS EUROPEAS PROTECTORAS DE LA PARTE CONTRACTUAL DÉBIL

The Rome I Regulation on the law applicable to contractual obligations includes special conflict rules that determine the law applicable to consumer contracts and individual employment contracts. However, in some cases, these rules are not enough to ensure the application of the mandatory provisions contained in the EU directives protecting weaker contracting parties according to their intentions and objectives. This study analyses the existing inconsistencies regarding the coordination between the Rome I Regulation and those directives, focusing specially on consumer contracts and individual employment contracts. The possible mechanisms of the Rome I Regulation to ensure the protection emanating from the mentioned directives are examined. This study proposes a European private international law method that takes more into account the EU needs, particularly regarding the harmonised areas of EU law such as EU consumer law.