Type Of Employment Contract Research Articles

The Determinants of Presenteeism in Selected European Countries - Modelling from Geographical and Gender Perspectives

In this paper we analyze motives (person-, work-, and organizational-related) of presenteeism among employees in selected European countries. We applied questions on presenteeism from European Working Conditions Surveys (EWCS) for 2010-2021. Based on the preliminary outcomes we observe that presenteeism is gender and geographical-dependent. Therefore, we use geographically weighted regression (GWR) to model determinants of phenomena. We find that men are more motivated by economic issues (the level of earnings, type of work contract, household financial situation, gander pay gap) but women are guided by so-called emotional factors (having children at home or work requiring direct contact with customers). The type of employment contract and fact of having children at home also has an impact on presenteeism. The results of the GWR show that, regardless of gender, there are countries for which the influence of multiple factors was recorded simultaneously, e.g. Spain, Malta, Portugal. However, there are countries for which no influence of factors on presenteeism was identified, e.g. Germany, Slovakia, Sweden, Hungary, Luxemburg or Finland and therefore, the motives of presenteeism should be analysed separately. Finally, the country policy insurance arrangements contribute to the presenteeism.

The role and legal significance of fixed-term labor contracts in the socio-economic conditions of modern Russia

An employment contract is not just a formal agreement on paper between an employer and an employee, but a document that establishes the specifics of employment. In Russian law, there are a number of well-known types of employment contracts (contracts), which differ in their nature and duration. The authors characterize the features and duration of employment contracts of certain types. The paper presents a comprehensive synthesis of the concept and polymorphism of labor contracts in the Russian Federation on the basis of current labor legislation and the practice of law enforcement.

İş Sözleşmesinin Taraflardan Birinin Ölümü ile Sona Ermesine Bağlanan Hukuki Sonuçlar Üzerine Genel Bir Değerlendirme

Taraflardan birinin ölümünün iş sözleşmesinin akıbetine etkileri ve buna bağlı olarak ortaya çıkan hukuki sonuçların belirlenmesinde çeşitli hukuki soru ve sorunlarla karşılaşılmaktadır. Kural olarak, işverenin ölümü halinde iş sözleşmesinin varlığını sürdürdüğü, işçinin ölümünde ise sona erdiği kabul edilmektedir. Bununla birlikte, bazı hallerde işverenin ölümü de iş sözleşmesinin kendiliğinden sona erdiren bir sebep teşkil etmektedir. Bu durumda iş sözleşmesi sona eren işçinin haklarının belirlenmesi önem taşımaktadır. İşverenin ölümü açısından ele alınacak hukuki sorunlar; hangi hallerde iş sözleşmesinin kendiliğinden sona ermiş sayılacağı, kendiliğinden sona ermeye bağlı olarak Türk Borçlar Kanunu’nda düzenlenen hakkaniyet tazminatına hangi koşulların varlığı halinde hak kazanılabileceği ve bu tazminatın miktarının belirlenmesinde dikkate alınması gereken esaslar ile iş sözleşmesinin türünün etkisi, ölüm nedeniyle iş sözleşmesi kendiliğinden sona eren işçinin hak sahiplerinin kıdem tazminatına hak kazanıp kazanamayacağı noktalarında toplanmaktadır. İşçinin ölümü bakımından ise, sözleşmenin akıbeti belli olmasına karşılık yasal mirasçıları ile diğer hak sahiplerinin işverenden talep edebileceği çeşitli hakların belirlenmesinde bazı sorunlarla karşılaşılabilmektedir. Çalışmamızda, iş sözleşmesinin taraflardan birinin ölümü ile sona ermesine bağlanan hukuki sonuçların, İş Kanunu kapsamındaki iş ilişkileri ile sınırlı olarak mevzuat, güncel yargı kararları ve İsviçre Hukuku ile karşılaştırmalı olarak ele alınması amaçlanmıştır. Bu çerçevede, Türk Borçlar Kanunu ile mülga 1475 sayılı İş Kanunu’nun yürürlükte olan kıdem tazminatına ilişkin 14. maddesinde yer alan düzenlemeler çerçevesinde, Türk Borçlar Kanunu ile getirilen ölüme bağlı müteakip ücret ödeme yükümlülüğünün hukuki niteliği, kapsamı, hak sahipleri, ödenecek miktar ile benzer alacak ve tazminatlarla ilişkisi değerlendirilecektir.

Why do young workers quit their first job? Identification of the risk factors using the Cox model and survival trees

According to Statistics Poland’s data, the situation of young people in the Polish labour market has improved significantly in recent years. Therefore, on the one hand, it is easier for young people entering the labour market to find a job, and on the other, it is increasingly difficult for employers to keep such people in their organisation. The aim of this study is to identify and assess individual characteristics of young workers and work-related factors that affect the length of the time they spend in their first job. The study is based on data for 2019 and 2020 from Statistics Poland’s Labour Force Survey. It is of key importance in the research on the professional activity of young people to take into account in modelling the high volatility of their characteristics over time. Therefore, we used the Cox model with time-variant variables to identify factors of risk of quitting a young employee’s first job. One of the findings of the study was that people with higher education were more likely to quit their jobs than people with lower-level education. As regards work-related factors, in addition to the type of employment contract, the weekly working time and holding or not a managerial position were the important ones affecting the decision to continue or quit. Furthermore, groups of employees homogeneous in terms of the duration of their first job were identified using survival trees. We found that employees with fixed-term contracts were less likely to quit their jobs than those with permanent contracts, but working part-time.

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.

Feeling disadvantaged? Type of employment contract and political attitudes

Abstract We tested the theory of relative deprivation in the context of the Polish labour market during the post-crisis period from 2009 to 2015. This period witnessed the highest incidence of temporary contracts in the European Union, providing novel evidence on the causal relationship between the type of employment contract and political attitudes. Our findings suggest that temporary workers are more supportive of income redistribution but less supportive of democracy. Additionally, a shift from permanent to temporary contracts among prime-aged employees leads to a decrease in their support for democracy. Although this effect is modest in magnitude, the article points to an important mechanism influencing shifts in political attitudes. Our findings suggest that the effect of temporary employment on political attitudes is more pronounced among socio-demographic groups less accustomed to unstable employment.

PRECARIZATION OF THE EMPLOYMENT CONTRACT OF NURSING PROFESSIONALS

Objective: To analyze how the type of employment contract affects the lives of Nursing professionals. Method: This is a reflective study, based on the discursive formulation of the Precarious employment relationship of Nursing professionals in the public sector. Results and Discussion: The studies addressed temporary hiring and show that this type of contract weakens the worker and disrupts services, in addition to breaking the bond with the team and the population assisted. Final considerations: Temporary hiring of nursing professionals makes the professional sick and weakens the bond and makes working conditions precarious.

The Effect of Abusive Supervision on Employee Job Performance: The Moderating Role of Employment Contract Type

The Effect of Abusive Supervision on Employee Job Performance: The Moderating Role of Employment Contract Type

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.

Non-standard employment and COVID-19 testing in South Korean workers

ObjectivesSARS-CoV-2 testing has been critical in monitoring and containing the COVID-19 pandemic, but there is a dearth of studies on how individuals’ adherence to testing varies according to their working conditions. This study aimed to investigate the association between the type of employment contract and COVID-19 testing among wage workers in South Korea. Study designWe used a nationally representative sample of employees aged 20–65 years collected from March 24 to 31, 2022. To focus on individual responses when the test was recommended, our sample consisted of 1266 participants who had experienced symptoms of COVID-19 or had been exposed to a confirmed case in the household. MethodsWe used multivariate logistic regression to estimate the association between the odds of receiving a PCR test and the type of employment contract while controlling for other potential covariates. ResultsThe percentage of participants who had a SARS-CoV-2 PCR test was 77.8%. After adjusting for all potential covariates, daily workers (OR = 0.35, 95% CI 0.18 to 0.70, P = 0.003) and part-time workers (OR = 0.58, 95% CI 0.39 to 0.86, P = 0.007) had significantly lower odds of being tested relative to standard workers. Other temporary or atypical workers showed no significant differences from standard workers. ConclusionOur findings suggested that individuals in the most vulnerable job positions, with less job security and working hours, exhibited a decreased inclination to undergo COVID-19 testing. More effective job retention and income support policies are required to improve compliance.

What about us? A vignette study explaining training preferences with contracts and specificity

AbstractTo enhance their employability, workers rely on the development of human capital through work‐related training. While several studies investigate actual levels of training participation, far less is known about the preferences of workers. This study uses a vignette experiment to shed a light on this matter. Based on human capital theory, signaling theory, and insights from the new employment relationship, it is hypothesized that preferences for training depend on the kind of skills at which the training aims (organization‐specific, sector‐specific, or general) in combination with the type of employment contract (open‐ended versus temporary). These hypotheses are tested using 2,946 responses of 982 workers from the Netherlands (3 vignettes per respondent). The results show that contracts and training type have a combined effect: workers with open‐ended contracts have a stronger preference for organization‐specific skills than temporary workers and temporary workers have stronger preference for general skills than workers open‐ended contracts. At the same time, workers with open‐ended contracts also prefer training aimed at general skills over organization‐specific training. Finally, it is concluded that workers with temporary contracts receive less training in practice than they prefer.

Employers’ willingness to invest in the training of temporary versus permanent workers: A discrete choice experiment

Various studies have shown that temporary workers participate less in training than those on permanent contracts. This paper investigates whether there is a difference in employer willingness to provide training to temporary vs. permanent workers and estimates the size of these differences under different cost-benefit related conditions. Building on a theoretical framework for employers’ provision of training that includes the major potential sources of cost-benefit differences associated with training investments in employees with different types of employment contracts, we use a discrete choice experiment to estimate the elasticity of a training offer to three attributes affecting employers’ expected net benefits from training investments: (1) the transferability of the skills being trained, (2) the financial contribution of the employee to the training costs and (3) the repayment of training costs when the employee quits early. We find that the effect of the transferability of the training is small and not robust to alternative model specifications. Instead, employers’ lower likelihood of investing in temporary workers is affected by two attributes: a financial contribution to the training costs and a repayment of training costs in case of early quits. Employers’ willingness to invest in temporary workers will particularly increase when introducing a contract clause that workers will repay their training costs when they quit within a year after the training.

Content of the contract as a type of employment contract

The current state of legal regulation of mandatory and additional terms of employment contracts and contracts in Ukraine has been studied and its shortcomings have been identified. It has been specified that a rather long legislative uncertainty regarding mandatory and additional terms of an employment contract and the current conflict of legislation on this issue have led to the existence of different positions in the science of labour law regarding the terms of an employment contract. Scientists’ views on the essence of the content of an employment contract have been analysed.
 It has been proven that the terms of the employment contract should be considered the terms that are drawn up by its parties. Traditionally, such conditions in labor law are divided into mandatory and additional. The terms of the employment contract are recognized as mandatory, without which the content of the employment contract or contract cannot be considered concluded. Those without which the conclusion of an employment contract or contract is possible are considered additional.
 Mandatory and additional terms of the contract have been defined. Mandatory terms of the contract are: place of work; labor function; the moment of the start of the work and the duration of the contract; rights and duties; terms and amount of remuneration; financial support of the employee; labor organization; responsibilities of the parties; terms of termination of the contract. Additional terms of the contract are: term and conditions of the trial; non-disclosure of commercial secrets and other legally protected information; frequency and duration of professional training, retraining and advanced training of the employee; improvement of working conditions, industrial life and recreation; medical and sanatorium provision; social and household benefits and social and cultural services. There is a well-founded need to supplement the Code of Labor Laws of Ukraine with Article 21-2 “Content of the employment contract and contract”, in which mandatory and additional conditions of the employment contract and contract shall be established.

Characteristics of the job demands of healthcare workers in different segments of the healthcare sector

Healthcare workers are exposed to various demands at their workplace (physical, psychological, social or organizational aspects of work) that impose constant physical and/or psychological effort on a worker. The aim of this study was to determine the characteristics of the job demands of healthcare workers in different segments of the health sector in RNM, categorized into three groups: healthcare workers in hospital activity, healthcare workers in outpatient activity and technical support and administrative staff. Material and methods: This is a cross-sectional descriptive-analytical study, in which 418 employees participate, classified into three groups according to their work tasks in health institutions: healthcare workers in hospital activity, healthcare workers in outpatient activity and technical support and administrative staff. The statistical analysis has been done in statistical programs: STATISTICA 12.0; IBM SPSS Statistics 20.0, and the processed data are presented in tabular forms. Results: The difference among the three groups of respondents in terms of the following demographic characteristics and job characteristics: gender, marital status, type of employment contract, total years of service, length of service at the current workplace and number of working hours per week, is insignificant, i.e. the three groups of respondents are homogeneous on these issues. The average value of the physical job demands at the level of the entire analyzed sample is significantly higher compared to the average values of all other job demands. The most common job demands for each of the groups (physical, organizational, emotional and cognitive job demands) have been determined, and a comparison has been made among the three groups of respondents regarding the most significant job demands. Conclusions: The difference registered in the physical job demands in relation to the three groups of respondents is statistically significant. Healthcare workers in hospital activity, compared to the technical support and administrative staff and the healthcare workers in outpatient activity, are more exposed to the different types of job demands. The higher average values of the physical job demands among respondents employed in hospital activity and outpatient activity in relation to technical support and administrative staff are also highlighted.

Provision of legal assistance by a lawyer to professional athletes in negotiating and concluding of contracts

This article is devoted to the disclosure of some features of providing legal assistance to professional athletes in relation to the representation of their interests at the stage of negotiations and conclusion of contracts. Other possible activities of a lawyer in the field of sports are also analyzed. Within the framework of this article, attention is focused on the fact that, despite the significant range of types of possible lawyer activity, when the client of the lawyer is a professional athlete, in many cases such activity is limited to help (support) in concluding contracts of the professional athlete primarily with his future club (employer). Attention is focused on the importance of such a contract, taking into account the fact that regardless of whether it is the first contract in the athlete's professional career or the current one, in many ways it determines the further sports future of the professional athlete. This article also examines the special legal nature of a sports contract and draws attention to different points of view regarding its definition (some scholars hold the position that a contract with a professional athlete is an employment contract, others a civil contract and some point out that it has dual legal nature). It is concluded that the contract with the athlete is a type of employment contract, and between the parties, there is an employment relationship, not forgetting the need to take into account its features, based on the specifics of the professional activity of athletes. The position is also argued (based on the variety of sports and the ways athletes participate in competitions) about the possible civil-law nature of relations regarding the participation of professional athletes in competitions (for example, regarding the participation of professional tennis players who are self-employed and represent themselves at competitions).

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.

Describing Nurses’ Competence in Primary Nursing Care Model: A Cross-sectional Study Conducted in an Italian Teaching Hospital

Introduction: Primary Nursing (PN) is a patient-focused nursing model that improves the quality of care. It has been defined over the years as a model to develop nurses’ personal knowledge, but the relationship between different nursing care models and nurses’ competence or experience still requires study. Objectives: The study aimed to describe nurses’ perceptions of their competence in the primary nursing care model and to identify sociodemographic and organisational predictors of nurses’ competence. Methods: A cross-sectional design was used to recruit nurses from wards using the PN care model and wards in which a team nursing care model was applied. A convenience sample of 142 nurses completed a self-administered questionnaire composed of a sociodemographic survey and the Nurse Competence Scale (NCS). Nurses’ age, gender, education degree, years as a registered nurse, months as a registered nurse under the specific nursing model, and type of employment contract were tested as potential independent predictors of nurses’ competence. Results: The PN nurses reported a better perception of their competence in all seven NCS categories. Independent predictors of a high level of competence in managing situations were an open-ended employment contract, greater work experience, working in a PN care model, and male gender. Predictors of a high level of competence in ensuring quality were greater work experience and working in a PN care model. Finally, an open-ended employment contract and working in a PN care model were both associated with a higher level of helping role, teaching–coaching, diagnostic functions, therapeutic interventions, and work role. The variables explained from 10% to 26% of the variance in all categories. Conclusion: PN model was found to be significantly positively correlated with nursing competence development. Advanced skills are involved in practising a personalized nursing care plan.

Depressive disorders of working Poles during the COVID-19 pandemic (2019-2022)

The problem of the intensification of mental disorders, including depressive disorders, is well documented in the world, but in Poland data on this subject are still insufficient. It can be assumed that the worldwide increase in mental health problems resulting from the outbreak of the COVID-19 pandemic in the winter of 2019 could also change the current statistics with regard to depressive disorders occurring in Poland. Longitudinal studies diagnosing depressive disorders were carried out on a representative group of 1112 Poles working in various occupations, employed on the basis of various types of employment contracts in the period January-February 2021, and a year later. During the first measurement of depressive disorders, the respondents were also asked to retrospectively assess the severity of these disorders in the early autumn of 2019, i.e., 6 months before the outbreak of the COVID-19 pandemic. Depression was diagnosed using the Patient Health Questionnaire PHQ-9 (PHQ-9). The results of the research presented in the article indicate a significant increase in the level of depression among working Poles in the period 2019-2022, as well as an exacerbation of the severity of its symptoms, probably resulting from the outbreak of the pandemic. However, in the years 2021-2022, a growing level of depression was observed only among working women, less educated people, people engaged in physical and mental work, as well as people with less stable employment (temporary work contracts, specific-task contracts and fixed-term contracts). Due to the high individual, organizational and social costs that generate depressive disorders, there is an urgent need to develop a comprehensive depression prevention strategy, including programs to prevent these disorders in the workplace. This need applies in particular to working women, people with lower social capital and those with less stable type of employment. Med Pr. 2023;74(1):41-51.

Drivers for economic recovery: analysis of family expenditure on catering services

PurposeCatering services play important role in the Spanish economy, accounting for 6.2% of GDP in 2021. To overcome the adverse economic impacts of COVID-19, catering services are considered one of the drivers to stimulate economic growth. Hence, the main aim of this paper is to analyse the sociodemographic profile of the family's main breadwinner who allocates most of his expenditure budget on different catering services before and during the pandemic caused by the COVID-19 in Spain.Design/methodology/approachThe official Family Budget Survey in Spain was used. This offers information on expenditure by families in 2019 and 2020. CHAID multivariate analysis was employed. This has proved a valuable tool in predicting expenditure, as well as determining the cause–effect relationship of this expenditure.FindingsFindings establish the main breadwinner's expenditure on catering services based on predictors such as “year” affected by the pandemic; “type of employment contract”; “gender”; and “age”. A gender “pub-gap” in consumption in bars and cafes has been revealed, and families with a male breadwinner, on a permanent contract, between the age of 40 and 60 spent the most on catering services.Originality/valueThis research presents a new interdisciplinary approach to family breadwinners as a company whose spend on catering is shaping the economic recovery and leading to new answers for hospitality management. Identified factors can lead to improved decision-making and contextualisation of economic models for food service providers in a post-pandemic future.

Some Aspects Regarding the Temporary Employment Contract

This material aims, through its content, to present some particularities of the temporary employment contract seen as an innovative tool at the European and national level to make labor relations more flexible. The article begins with the presentation of the legal framework applicable to this type of employment contract, it continues with the explanation of the concept and the specific features of the contract, and ends with some considerations regarding the duration for which it can be concluded. Special attention is paid to the contractual clauses, but also to the trial period.