Unilateral Termination Research Articles

Ghosting on Tinder: Examining Disconnectivity in Online Dating

This study examines the phenomenon of ghosting on the mobile dating app Tinder among Slovenia’s dating app users. Ghosting is defined as the unexpected unilateral termination of communication in interpersonal relationships exerted through digital platforms. Drawing upon data from the walkthrough of the mobile dating app Tinder and 26 semi-structured interviews with users living in Ljubljana (Slovenia), ghosting is conceptualized as an undesirable but normalized disconnection strategy on Tinder. We argue that choosing ghosting as a communication strategy emerges predominantly from two different contexts. Firstly, from the need to protect oneself from harassment and vulnerability, and secondly, as a reaction to the information overload in an environment that demands perpetual activity, availability, and interaction. Therefore, it manifests as a disconnection strategy on an interaction level or as a consequence of disconnecting from the platform itself. According to users, the desire to disconnect from others and exit the app is as high and ambiguous as the desire to connect and experience an ego boost or the excitement of interactions. Ghosting on Tinder, therefore, emerges as a response to general hyperconnectivity to navigate the increasing information overload and to a feeling of loss of the possibilities for safe and authentic connections in digital spaces.

A Legal Analysis of the Unilateral Termination of Labor Contracts and Noteworthy Points for Mitigating Related Disputes

The Labor Code of the Socialist Republic of Vietnam was first promulgated in 1994 and was subsequently revised in 2002, 2006, and 2007. The economic and social conditions and labor relations have evolved, necessitating prompt amendments to labor legislation, resulting in the issuance of the Labor Code 2012. However, after five years of application, the 2012 Labor Code has revealed many deficiencies affecting employees' legal rights and interests, including the conditions that employees must meet when they wish to unilaterally terminate the labor contract; these conditions are considered very difficult to prove in the position of an employee. The Labor Code 2019 was enacted with several enhancements, including the elimination of regulations pertaining to unilateral conditions for employees, thereby safeguarding their right to select better employment opportunities and preventing and combating coerced labor. In this article, the author analyzes current law on unilateral termination of labor contracts, focusing on the legal aspect, and selects some common dispute practices related to unilateral termination of labor contracts that businesses and individuals should be aware of to protect their mutual legal rights and interests, as well as those of both parties.

Unveiling the Legal Impacts: The Unilateral Termination of the 1997 Russian-Ukrainian Friendship Treaty

In 2022, Russian forces seized the capital of Ukraine, Kyiv, and reported more than 700 attacks on health facilities, personnel, and transport vehicles, resulting in the deaths of over 200 people. Despite encountering complex issues, Ukraine and Russia concluded the 1997 Russian-Ukrainian Friendship Treaty, which addressed matters of equality, sovereignty, and territorial integrity. However, Ukraine unilaterally terminated the Treaty in 2018. This research aims to analyze the legal implications arising from the unilateral termination of the Treaty, focusing on the realm of international law. The research employs a combination of normative legal research, analytical conceptual approaches, and case studies. The findings indicate that the termination of the Treaty adhered to Article 54(a) of the Vienna Convention on the Law of Treaties 1969. Nevertheless, the termination has resulted in legal uncertainty and has the potential to exacerbate pre-existing tensions, particularly regarding territorial integrity, which have intensified since 2014.

Rethinking treatment failures. Research on a group of Italian psychotherapists.

Psychotherapeutic failures involve situational, relational, and personal factors. Dropout refers to a patient's unilateral termination of treatment without the therapist's knowledge or approval. Premature termination occurs when therapy is discontinued before achieving a sufficient reduction in initial problems. This study explores the role of therapist's emotional response (countertransference), gender, psychotherapeutic orientation, and patient diagnosis in the context of psychotherapeutic failures. A mixed-method approach was used. Fifty-nine Italian psychotherapists, practicing mostly privately with at least 5 years of experience, were recruited through Italian professional internet websites. The Therapist Response Questionnaire and the Impasse Interview were administered to each psychotherapist. Each therapist was asked to reflect on their last dropout patient. Quantitative (MANOVA) and qualitative analyses (textual content analysis) were conducted with SPSS and T-LAB, respectively. The quantitative analyses revealed that the most frequent countertransference response was Helpless/Inadequate, with female therapists experiencing this more frequently than male therapists. The qualitative analyses identified two main factors explaining most of the variance in countertransference responses: Parental/Protective versus Hostile/Angry, and Positive/Satisfying versus Helpless/Inadequate, with Helpless/Inadequate central. Additionally, the qualitative analysis of treatment interruption methods revealed two factors explaining over 50% of the variance. Lack of communication was linked to negative themes, while mediated and direct communication were associated with positive terms. Direct communication was characterized as useful, while mediated communication was linked to dropout and attachment figures. Under pressure, psychotherapists' anxiety levels increase, often managed ambivalently or avoidantly. These results suggest that awareness of psychotherapist emotional responses is important to limit psychotherapeutic failures. These findings offer valuable insights for clinical practice.

Perlindungan Hukum Terhadap Pihak yang Mengalami Pemberhentian Kerjasama Secara Sepihak Terkait Pengelolaan Lahan Parkir Berdasarkan Perbuatan Melawan Hukum

This research discusses the legal protection of the injured party due to the unilateral termination of the cooperation agreement, with a case study between PT Kitita Alami Propertindo and PT Alpha Servis Indonesia. The unilateral termination of the agreement by PT Kitita Alami Propertindo without regard to the agreed agreement caused losses to PT Alpha Servis Indonesia, which then filed a lawsuit. This research uses a normative juridical method with a case approach to identify and analyze the elements of tort according to Article 1365 of the Civil Code. The results showed that the actions of PT Kitita Alami Propertindo fulfilled the elements of a tort, including fault, loss, and causal relationship. This research concludes that legal protection for the injured party must be enforced through a fair legal process, as well as the importance of implementing agreements in good faith to prevent future disputes.

Reasons for Discharge in a National Network of Early Psychosis Intervention Programs.

Discharge from early psychosis intervention is a critical stage of treatment that may occur for a variety of reasons. This study characterizes reasons for discharge among participants in early psychosis intervention programs participating in the Early Psychosis Intervention Network (EPINET) which comprises >100 programs in the United Statesorganized under 8 academic hubs. We analyzed 1787 discharges, focusing on program completion, unilateral termination by the client/family, and lost contact with the client/family. We performed exploratory analyses of demographic, clinical, and functional predictors of discharge reason. Variables predictive of discharge type were included in multilevel logistic regressions, allowing for the estimation of predictors of discharge reason and variability in rates by program and hub. An estimated 20%-30% of enrolled patients completed the program. Program completion rates were higher among participants who were older on admission, had lower negative symptoms severity, spent more time in education, employment, or training, and who were covered by private insurance (a close proxy for socioeconomic status). Programs were more likely to lose contact with male participants, Black participants, and participants who were never covered by private insurance. After accounting for patient-level factors, there was substantial program-level variation in all 3 discharge outcomes, and hub-level variability in the proportion of participants who completed the program. The impact of race on program completion varied substantially by program. Participants were discharged from early psychosis intervention services for diverse reasons, some of which were associated with sociocultural factors. Disengagement is a widespread problem affecting all hubs.

Peran Komunikasi dan Musyawarah dalam Menangani Konflik Hubungan Industrial: Studi Kasus PHK di Smartfren Telecom Tbk

The purpose of writing this article is to analyze the case of unilateral termination of employment (PHK) at PT Smartfren Telecom TBK sought by the trade union association. This research method uses a qualitative research method that involves collecting and analyzing data from a variety of source articles, also known as the literature review method. In the telecommunications industry, the role of communication and deliberation is important in overcoming challenges such as layoffs. This study highlights the importance of effective communication between company management and employees to properly manage layoffs. Empathetic and clear communication helps build better relationships and reduce conflict. In addition, deliberation allows different parties to participate in finding fair and sustainable solutions. With this approach, companies can better manage layoffs, while taking into account the interests and welfare of employees.

Navigating Reputational Risks: Cautionary Considerations for South African Banks in the Unilateral Termination of Bank-Customer Relationships

Bredenkamp v Standard Bank of South Africa Ltd (SCA) and subsequent cases that followed this precedent exhibit that banks have the right to terminate the bank-customer relationship unilaterally. This right is usually entrenched in the contract between the bank and its customer and may also have its origin in an implied term of the contract. Some major banks in the Republic of South Africa have recently been under the spotlight for unilaterally terminating the bank-customer relationship with their customers (the Sekunjalo Group) based on reputational risks. It is alleged that in terminating the relationship, these banks unfairly discriminated against Sekunjalo Group, therefore asserting that the principle of reputational risk is not attributed similarly across customers of different racial groups. Whereas the paper does not intend to decide on such allegations of racial discrimination, the paper asserts that the unilateral termination of a bank-customer relationship is both a right and an obligation. The paper adopts a qualitative research approach in analysing the contractual nature of a bank-customer relationship, the common-law principles regarding the termination of the bank-customer relationship, and the developments in the application of the principle of reputational risk by South African banks and courts in the wake of the applications lodged by members of the Sekunjalo Group.

PENGAKHIRAN PERJANJIAN SEPIHAK DALAM PERSPEKTIF HUKUM DAN HAK ASAS MANUSIA

Human rights are inherent in every human being to have the same rights, including unilateral termination of agreements, then human rights are disturbed and not protected. The research method uses normative juridical research, namely the doctrinal method, namely taking an inventory of positive law, discovering legal principles and doctrines, synchronizing existing laws and regulations and conducting research by examining and examining various existing literature. With a Legislative Approach, Historical Approach, Comparative Approach, and Conceptual Approach. The research results show that terminating a unilateral agreement can potentially be categorized as an unlawful act if the unilateral termination of the agreement is carried out without a valid reason, violates the principles of propriety and the law, causing harm to the other party. In addition, unilateral termination of an agreement if carried out without a valid reason violates human rights related to the right to guarantee legal certainty and human freedom without discrimination.

Juridical Study of Industrial Relations Dispute Resolution Mechanism Due to Unilateral Termination of Employment By PT. Bisa Group

Juridical Study of Industrial Relations Dispute Resolution Mechanism Due to Unilateral Termination of Employment By PT. Bisa Group

PERLINDUNGAN HUKUM BAGI PEKERJA PEREMPUAN YANG MENGALAMI PEMUTUSAN HUBUNGAN KERJA SEPIHAK OLEH PERUSAHAAN SAAT CUTI MELAHIRKAN

Termination of employment is something that is avoided by workers in general, especially for female workers, of course it is very detrimental to their rights, which by nature have reproductive organs to give birth. However, in practice there are cases of female workers who experience termination of employment due to taking maternity leave. Based on this, the problem examined in this research concerns legal protection for female workers who experience unilateral termination of employment by the company during maternity leave. In this research the author uses a normative legal research method with a statute approach and a case approach, then the results found in this research are described descriptively The results of this research are that the laws and regulations in the field of employment regulate the right to obtain maternity leave as regulated in Article 82 of Law No. 13 of 2003 concerning Employment. The provisions of Article 153 paragraph (1) of Law no. 6 of 2023 states that companies are prohibited from terminating workers on the grounds of pregnancy, childbirth, miscarriage or breastfeeding their baby. If the company terminates the employment relationship unilaterally due to a female employee taking maternity leave, the termination of employment carried out for the reasons mentioned above is null and void and the Company is obliged to re-employ the employee concerned.

Juridical Analysis Of Companies That Unilaterally Lay Off Employees And Severance Pay That Does Not Match The Length Of Service

The problem of labor is a problem that we hear about in developing countries, including Indonesia. Related to this, termination of employment is one of them. As there is unilateral termination of employment carried out by companies in Indonesia. In this writing, the author uses normative legal research methods. Primary legal material is obtained from Law no. 13 of 2003 concerning labor and secondary legal material is obtained from a review of legal literature, especially labor, papers, internet and others. The implementation of termination of employment carried out by the company must be in accordance with Law No. 13 of 2003 concerning Manpower which states that termination of employment is carried out in several processes, namely holding deliberation between employees and the company, if it reaches a deadlock, the last resort is through the court to decide the case. For employees who have problems committing serious violations, they are immediately handed over to the police without asking permission from the authorities. And for employees who are about to retire can be submitted in accordance with the regulations. Similarly, employees who resign are regulated in accordance with company regulations and legislation. As a company's responsibility for laid-off workers where the law requires or requires the company to provide severance pay, award money, and rights replacement money. And regulations regarding severance pay, award money and reimbursement money are regulated in article 156, article 160 to article 169 of Law No. 13 of 2003 concerning Manpower.

Legal Consequences for Companies that Carry Out Unilateral Termination of Employment

The COVID-19 pandemic has resulted in the Company taking steps to streamline company costs by laying off workers. Many companies experience labor relations disputes, one of which is that the company carries out unilateral termination of employment (PHK) of workers without negotiating with the workers and does not pay attention to the rights of these workers. This research aims to find out and examine the mechanism for resolving industrial relations disputes in Badung Regency as well as knowing and studying the legal consequences for companies that carry out unilateral layoffs of workers with a fixed term work agreement (PKWT) and workers with a fixed term work agreement (PKWTT) in Badung Regency. This research is empirical legal research with a factual approach and a statutory approach. The research results confirm that there are 2 (two) alternative dispute resolution mechanisms for industrial disputes, either through non-litigation channels, namely by bipartite negotiations, mediation, conciliation, arbitration or by litigation, namely through the industrial relations court (PHI). Layoffs can be said to be valid if they have received a decision from the PHI and if without this decision the employer continues to lay off workers in PKWT and PKWTT who received layoffs unilaterally, then the layoffs are not legally valid and are considered null and void. The legal sanction for employers who lay off PKWT workers before their term of employment ends is to fulfill the workers' rights, namely by providing severance pay, gratuity money, compensation money due to the layoff.

Development of the Financial Law Mechanism for the Functioning of Payment Systems in New Economic Conditions

The paper suggests promising directions for improving the financial law mechanism of functioning for payment systems, ensuring achievement of the goals of financial market development provided for by the Strategy for the Development of the Financial Market of the Russian Federation until 2030 and the goals of ensuring national security defined by the National Security Strategy of the Russian Federation in the face of unfriendly actions of foreign states. Payment systems are one of the key elements of the payment infrastructure necessary to maintain uninterrupted cash flow in order to fulfill individual civil and public obligations. Since currently unfriendly actions of foreign states are directly aimed at the functioning of payment systems in Russia, it seems important to provide financial law mechanisms that mitigate or eliminate the corresponding negative consequences. Thus, the author proposes to establish requirements for the mandatory use of national financial information transmission systems in the operation of payment systems, and justifies the expediency of creating a special regulation for settlements in case of unilateral termination of participation in the payment system. In addition, the paper proposes financial law mechanisms that take into account the ongoing digitalization of the payment sector and are necessary in this regard to maintain the smooth operation of payment systems. In particular, the paper substantiates the conclusion that it is advisable to unify the rules for assigning MCCs that determine the type of activity of the recipient of funds in order to ensure the correctness of their use when making card transfers. Ultimately, the legal mechanisms proposed in the paper are aimed at improving legislation on payment systems and documents of payment systems.

Fee for Unilateral Termination of Contract: A Comparative Legal Study

Fee for Unilateral Termination of Contract: A Comparative Legal Study

Unilated Termination Of Contract Cooperation By The Client Against The Consultant In The Legal Perspective Of The Agreement

Book III of the Civil Code adheres to an open system, parties are free to enter into agreements with anyone and determine the terms, implementation, and agreement form. One of the reasons why an agreement will end is that it has been determined in the agreement by the parties. When one party terminates an agreement before the time specified in the agreement, that party has terminated the agreement unilaterally. A unilateral termination of an agreement can be categorized as an unlawful act, if there is arbitrariness by one of the parties in terminating and discontinuing the agreement, thereby causing the violation of the subjective rights of other people and contrary to the legal obligations of the perpetrator and resulting in causing losses to one of the parties and obligating the party who caused the loss to compensate for the loss

Legal Remedies and Franchise Protection in Termination of the Franchise Agreement Unilaterally by the Franchisor Before the Termination of the Agreement

The franchise agreement is a written agreement made by both parties between the franchisor and the franchisee which contains the rights and obligations of each party as well as legal consequences that must be obeyed by each party. In implementing a franchise agreement, the possibility of problems or disputes is very open, so it is not uncommon for the franchisor to terminate the agreement unilaterally. This study uses normative legal research methods due to a problem of norms, namely the absence of norms. This study uses 2 approaches, namely the statutory approach and the conceptual approach. Based on the discussion and research results, it is known that basically the franchise agreement cannot be terminated unilaterally either from the franchisor or from the franchisee before the end of the agreement, unless there are void conditions stated in the contents of the agreement and have been agreed upon by the parties. As for legal remedies that can be taken by franchisees who suffer losses due to unilateral termination by the franchisor, namely filing a claim for damages by default.

Tinjauan Hak Pekerja Kontrak Atas Pemutusan Hubungan Kerja Sepihak

Termination of Employment occurs based on the previous employment relationship created between the worker/laborer and the employer which is marked by an agreement in the employment agreement. Contract workers are bound by a Specific Time Work Agreement (PKWT). Layoff is something that is highly avoided, especially for workers/laborers because since the layoff occurs, at that time the worker/laborer also loses their livelihood and loses the ability to meet their daily needs, so workers' rights must be protected. This research aims to understand the rights of contract workers who experience unilateral termination of employment (PHK) during the contract. The method in this research is normative legal research by searching and connecting legal facts with the basis of regulations to create conclusions to answer the problems that arise. The results of the research found that 1) The regulation of unilateral termination by the employer is contained in Article 62 of the Labor Law; 2) In the case of PT Vietmindo Energitama there was an imbalance because the judge of the Industrial Relations Court rejected the plaintiff's claim which the employer did not fulfill. This, it creates losses and does not create certainty for workers/laborers because it is clearly and rigidly regulated that the party terminating the employment relationship is obliged to pay compensation until the contract period ends.
 

Pemutusan Hubungan Kerja Sepihak terhadap Pekerja Hamil

Labor problems that are still in the spotlight occur due to lack of attention to ensuring safety, health, and reproductive rights for female workers. One of the factors causing problems in the field of labor is unilateral termination of employment (PHK) unilaterally carried out by the employer company against pregnant workers. Pregnant workers as workers in companies still often receive discriminatory treatment by companies, this causes the non-achievement of pregnant workers' rights such as protection of safety, health and reproductive rights of female workers are not given completely. The implementation in general is partly appropriate, such as social security in general has been given to female workers, but there are some that are not yet appropriate, for example, menstrual leave, maternity leave. The obstacles faced in the implementation of protection of the safety, health, and reproductive rights of pregnant workers from the government are weak supervision from employers who often violate regulations for the benefit of the employers themselves.

ANALISIS YURIDIS AKIBAT HUKUM TIMBULNYA PEMUTUSAN KONTRAK SECARA SEPIHAK TERHADAP INVESTOR PADA PERJANJIAN BOT (BUILD OPERATE TRANSFER)

. The contract in a Build-to-Transfer agreement that is starting to develop is known as a BOT Agreement or Build Operate Transfer, referring to a project transfer method that is often used in large infrastructure projects. Is a private legal entity that obtains a business license from the government or public sector to finance, design and build, implement and own a project within a certain period of time. The aim is for the private sector to get back the results of its investment and then transfer project management to the government or public sector. However, if in the process there is a unilateral termination of the contract, the party being terminated will have legal consequences that will cause loss or suffering for him. So my writing analyzes the legal consequences that arise from conflicts or implications in cases of unilateral contract termination by the government or the public sector so that investors' rights are maintained and are not harmed.