Neterminuotos darbo sutartys yra bendriausia ir pagrindinė darbdavių bei darbuotojų darbo santykių forma, tačiau tam tikromis aplinkybėmis – nenuolatinio pobūdžio darbams atlikti - vis dažniau atsiranda poreikis darbuotojus įdarbinti pagal terminuotas darbo sutartis, kurios tam tikromis aplinkybėmis labiau atitinka ir darbuotojų ir darbdavių interesus. Šiame magistro darbe yra nagrinėjamos Lietuvos ir Lenkijos darbo teisėje įtvirtintos nuostatos dėl terminuotos darbo sutarties rūšių išskyrimo, jos sudarymo prielaidos, vykdymo ypatumai bei nutraukimo pagrindai ir apribojimai, analizuojamas šių nuostatų įgyvendinimas teismų praktikoje. Taip pat analizuojamas abiejų valstybių terminuotą darbo sutartį reglamentuojančių nuostatų atitikimas EB Tarybos direktyvoje Nr. 1999/70/EB įtvirtintiems bendriesiems reikalavimams, įpareigojantiems kiekvieną valstybę narę nacionaliniuose teisės aktuose įtvirtinti normas, užtikrinančias vienodų sąlygų taikymą pagal terminuotas darbo sutartis dirbantiems darbuotojams, saugant juos nuo diskriminacijos bei neleisti piktnaudžiauti sudarant terminuotas darbo sutartis. Pažymėtina, jog dauguma terminuotą darbo sutartį reglamentuojančių normų Lietuvos ir Lenkijos darbo kodeksuose yra suderintos su Europos Sąjungos ir tarptautiniais teisės aktais. Terminuotos darbo sutarties analizė, lyginant abiejų valstybių nacionalinės darbo teisės normas, rodo, jog Lenkijos darbo kodeksas labiau orientuotas į liberalius, paremtus šalių lygybe, darbo teisinius... [toliau žr. visą tekstą] / Open-ended employment contracts are the most general and the main form of employment relationship between employers and employees; however, in certain circumstances – for the purposes of performing temporary work – there is an increasing need for recruitment of employees under fixed-term employment contracts, which in certain circumstances better respond to the interests of both employees and employers. This master thesis considers the provisions stipulated in the Lithuanian and Polish labour law regarding discernment of the fixed-term employment contract, preconditions for its conclusion, specific features of its execution as well as the basis for and restrictions on its termination; implementation of these provisions in judicial practice is considered. The author also analyses compliance of the provisions of both states regulating the fixed-term employment contract with the general requirements set forth in Council Directive 1999/70/EC and committing every member state to lay down in national legislation the norms ensuring equal treatment for fixed-term workers by protecting them against discrimination and to prevent abuse when concluding fixed-term employment contracts. It should be noted that the majority of the norms regulating the fixed-term employment contract in the Lithuanian Labour Code and the Polish Labour Code have been harmonised with legal acts of the European Union and international legal acts. Analysis of the fixed-term employment contract by comparing both... [to full text]

Employment relations literature is concerned with what is exchanged between the employer and the employee via an employment contract, a social contract or a psychological contract, with perceived mutual obligations (Rousseau, 1995; Capelli, 1999; Kalleberg, 2001). The psychological contract finds its foundation in the perceptions of the employee, that is, what the employee believe the employer has offered the employee in terms of their work relationship and the social contract refers to the expectations and obligations employers and employees have for their work and the employment relationship (Grahl, & Teague, 2009). The new employment contract differs from the old employment contract in that it is largely informal and even unwritten (Gilbert, 1996). This is in line with the new trend of business management as used by people-driven world-class organisations with a globalised focus (Gilbert, 1996). A research need exists to examine the potentially different or redundant effects of promises and expectations on the development of the obligations that are perceived to constitute the employment, the social and the psychological contracts (Martocchio, 2004; Shore, Tetrick, Taylor, Coyle-Shapiro, Liden, McLean-Parks, et al. 2004). The primary objective of this research is to investigate the relationship between the social- and the psychological contracts of private security employees (N=217) in the Vaal Triangle in terms of employability, job insecurity, job satisfaction, life satisfaction and intention to quit. This study is submitted in article form. The research method for each of the two articles consists of a brief literature review and an empirical study. Factor analyses, as well as Cronbach alpha coefficients were computed to assess the reliability of the research. Validity, Pearson product moment correlation coefficients as well as regression analysis were utilised to examine the relationship between the constructs employed in this research. The Employment Contract Scale (ECS) was also utilised as a research instrument, as the questionnaire-method proves to be largely reliable. Reliability analysis confirmed sufficient internal consistency of the subscales. The observed correlations were found to be comparable with the values reported in previous research by Edward and Karau (2007). By using multiple regression analysis, it was established that by investigating the relationship between the social- and the psychological contracts of private security employees (N=217) in the Vaal Triangle in terms of employability, job insecurity, job satisfaction, life satisfaction and intention to quit (the primary objective of this research) that job satisfaction and intention to quit predicted the social contract and that job satisfaction and life satisfaction predicted the psychological contract. No relationship however exists between employability, intention to quit and the psychological contract. Recommendations are advanced for future research. / MA (Labour Relations Management) ,North-West University, Vaal Triangle Campus, 2013

O Direito do Trabalho estabelece normas e princípios que regulam a relação de emprego, além de outras relações de trabalho legalmente equiparadas, quando houver a concorrência de todos os requisitos exigidos pela lei para sua incidência, dos quais se destaca, para este estudo, a subordinação. Tal requisito é identificado a partir de critérios que se confundem com a própria matriz do Direito do Trabalho, típica da sociedade industrial, os quais, todavia, vêm sofrendo transformações diante das novas formas de exercício do poder diretivo do empregador, surgidas, sobretudo, pelo avanço da tecnologia na área da comunicação e pelo crescimento do setor de serviços em detrimento do trabalho na indústria. O presente trabalho busca identificar quais os principais desafios ao modelo tradicional do Direito do Trabalho, fundado no conceito clássico de subordinação, considerando os serviços prestados sob demanda por meio de plataformas digitais. Para tanto, buscou descrever a evolução das classificações tradicionais das relações de trabalho e identificar as principais características do trabalho prestado por meio de plataformas digitais. Após, foi realizado levantamento de decisões dos Tribunais Regionais do Trabalho da 2ª e 3ª Regiões, referentes a reclamações trabalhistas, cujo pleito consistia no reconhecimento de vínculo empregatício pelos motoristas em relação à empresa Uber, dada a representatividade desta plataforma, dentre outras prestadoras desse tipo de serviço; também foram analisadas decisões paradigmas no Direito Comparado sobre o tema. A partir da sistematização das decisões analisadas, foi possível identificar os principais critérios utilizados pelos julgadores para a decisão da existência ou não de trabalho subordinado, bem como as tendências de mudanças interpretativas e adoção de novos critérios. Por fim, foram colocados os pontos sensíveis para a regulação do tema, como limitação da jornada de trabalho, segurança e discriminação, concluindo-se que para enfrentar tais desafios é necessária a superação da visão fundada nos requisitos tradicionais de identificação da subordinação, e, portanto, da própria relação de emprego, rumo a uma interpretação que leve em conta as novas formas e instrumentos de atuação do poder diretivo do empregador. / Labor Law is governed by norms and principles that regulate the employment relationship between employee and employer, in addition to other legally equivalent relations. For this study, subordination stands out from the other elements, being traditionally identified from criteria that are part of the established matrix of Labor Law itself, typical of industrial society. However, transformations due to the development of technology in communications and the growth of the service sector have led to new forms of exercizing the employer\'s directive power in relation to those exercied in the employment in industry. The present work aims to identify the main challenges to the traditional model of Labor Law, based on the classic concept of subordination (prior to the advent of the digital economy) but now having to consider the services provided on demand through digital platforms. To do so, it seeks to describe the evolution of the traditional classifications of labor relations and to identify the main characteristics of the work performed through digital platforms. An investigation was then made on the decisions of the Regional Labor Courts of the 2nd and 3rd Regions, regarding labor claims, that sought to recognise the employment relationship between drivers working for Uber and the company. Given the representativeness of this platform among other providers of this type of service, paradigm decisions in Comparative Law were also analyzed. From the systematization of the analyzed decisions, it was possible to identify the main criteria used by the judges to decide whether or not subordinate work is present, as well as the tendencies of interpretative changes and adoption of new criteria. Finally, sensitive points were set for the regulation of the subject, such as limitation of working hours, security and discrimination, and it was concluded that, in order to face such challenges, it is necessary to overcome the vision based on the traditional requirements of subordination, towards an interpretation that takes into account the new forms and instruments of action of the directive power of the employer.

Employment relations literature is concerned with what is exchanged between the employer and the employee via an employment contract, a social contract or a psychological contract, with perceived mutual obligations (Rousseau, 1995; Capelli, 1999; Kalleberg, 2001). The psychological contract finds its foundation in the perceptions of the employee, that is, what the employee believe the employer has offered the employee in terms of their work relationship and the social contract refers to the expectations and obligations employers and employees have for their work and the employment relationship (Grahl, & Teague, 2009). The new employment contract differs from the old employment contract in that it is largely informal and even unwritten (Gilbert, 1996). This is in line with the new trend of business management as used by people-driven world-class organisations with a globalised focus (Gilbert, 1996). A research need exists to examine the potentially different or redundant effects of promises and expectations on the development of the obligations that are perceived to constitute the employment, the social and the psychological contracts (Martocchio, 2004; Shore, Tetrick, Taylor, Coyle-Shapiro, Liden, McLean-Parks, et al. 2004). The primary objective of this research is to investigate the relationship between the social- and the psychological contracts of private security employees (N=217) in the Vaal Triangle in terms of employability, job insecurity, job satisfaction, life satisfaction and intention to quit. This study is submitted in article form. The research method for each of the two articles consists of a brief literature review and an empirical study. Factor analyses, as well as Cronbach alpha coefficients were computed to assess the reliability of the research. Validity, Pearson product moment correlation coefficients as well as regression analysis were utilised to examine the relationship between the constructs employed in this research. The Employment Contract Scale (ECS) was also utilised as a research instrument, as the questionnaire-method proves to be largely reliable. Reliability analysis confirmed sufficient internal consistency of the subscales. The observed correlations were found to be comparable with the values reported in previous research by Edward and Karau (2007). By using multiple regression analysis, it was established that by investigating the relationship between the social- and the psychological contracts of private security employees (N=217) in the Vaal Triangle in terms of employability, job insecurity, job satisfaction, life satisfaction and intention to quit (the primary objective of this research) that job satisfaction and intention to quit predicted the social contract and that job satisfaction and life satisfaction predicted the psychological contract. No relationship however exists between employability, intention to quit and the psychological contract. Recommendations are advanced for future research. / MA (Labour Relations Management) ,North-West University, Vaal Triangle Campus, 2013

The purpose of this study was to provide an in-depth examination of the terms and conditions found in the employment contracts of Florida Appointed School District Superintendents, with a secondary focus on salary and termination without cause. Employment contracts were obtained from each of the 26 school districts with appointed school superintendents, and then carefully analyzed for similarities and differences. The results of this study will provide Florida school districts with information to construct the best possible employment contracts to both attract top talent and protect the interests of the school district.

Longtemps délaissé, l’accord est aujourd’hui au coeur du processus de rupture du contrat de travail. A la suspicion qui entourait l’expression commune des volontés est substituée la confiance. La légalisation de la rupture d’un commun accord du contrat de travail par la loi du25 juin 2008 sous le nom de rupture conventionnelle en témoigne. Cette réforme a bouleversé le droit de la rupture du contrat de travail. Même s’il est acquis depuis longtemps que les parties peuvent mettre un terme d’un commun accord au contrat qui les unit sur le fondement de l’article 1134 du Code civil, cette modalité de rupture n’a longtemps été utilisée que de manière très ponctuelle. L’absence d’encadrement de cette technique et les restrictions apportées à son champ d’application l’expliquent en partie. La reconnaissance du commun accord comme mode de rupture spécifique du contrat de travail, auquel est attaché un régime précis et autonome, pourrait signifier la fin de l’utilisation de la rupture d’un commun accord de droit commun, considérée comme peu adaptée aux relations de travail. Un tel régime pourrait également mettre un terme au monopole détenu par les ruptures unilatérales, en particulier le licenciement. Une large prise en compte du dispositif de rupture conventionnelle est de nature à contribuer à l’apaisement et à l’équilibre des relations de travail. / Initially relinquished, mutual agreement is now at the heart of the process of terminating the employment contract. There has been an evolution tending to the shift from suspicion towards mutual agreement as a termination device to the trust in such means. This acquired trust is best illustrated by the recognition of employment termination via mutual agreement by the Act dated June, 25th 2008. The reform introduced by this Act transformed the legal regime applicable to the termination of employment contracts. Despite the fact that Article 1134 of the French Civil Code has long granted parties the possibility to terminate the contract binding them by mutually agreeing to do so, such mode of termination has only been resorted to on a fairly limited basis. This phenomenon can notably be explained by both the lack of clear legal framework applicable to this device, and the restrictions imposed on its ambit. The recognition of termination of the employment contract via mutual agreement as a device specifically applied in the field of labor law, as well as the definition of a specific and independent regime would be likely to give rise to ending the resort to Article 1134, whose scope is only general and not specifically tailored to labor relations. The implementation of this specific regime could put an end to the monopoly held by unilateral terminations of the employment contract, particularly the method of dismissal. A broad consideration of termination of the employment contract via mutual agreement can also contribute to the appeasement and balance in labor relations.

The thesis deals with the concept of flexicurity and its effects in the termination of the employment contract in the Czech Republic and the Kingdom of Sweden. The main aim of the thesis is to describe and compare both legislations from flexicurity perspective and suggest changes in the czech legislation. Strategy of flexicurity is one of the most discussed topics not only in the field of labour law but also in the field of social security systems and active labour market policies during the past few years. The concept of flexicurity can in a simplified way be characterized as a policy approach that tries to combine the flexibility of labor markets and job security for employees. According to the experts, flexicurity could help solve issues such as globalization or effects of economic crisis and higher unemployment occured due to the crisis. The thesis is composed of five chapters, each of them dealing with different aspect of the concept of flexicurity and its application in the Czech Reoublic and the Kingdom of Sweden. Chapter One defines and explaines the concept of flexicurity as such, followed by examples of succesful European flexicurity models. The chapter concludes with a brief outline of current development of flexicurity at European level. Chapter Two describes the individual components...

80 Summary The theme of this thesis is "Contractual Obligations in Private International Law" and the subtopic is "Employment contract". Within such a defined theme, the thesis examines how Czech courts interpret employment contracts established under the US law. The first chapter outlines the different conceptions of the law in the Czech Republic and the United States of America as a result of different legal and historical development. The second chapter discusses the Czech Private International Law and its position within the Czech Private Law, because a Czech court basically applies Czech conflict rules. The third chapter focuses on two particular disputes of private relationships with an international elements that Czech courts discussed and decided. The subject of both disputes were to assess the termination of employment and other related issues. The aim of the last chapter is to consider these disputes in the light of current legislation. In order to do that I apply Act on Private International Law, as well as Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis), then Act on Private International and Procedure and the US Labour Law. Furthermore, I also apply mandatory rules of Regulation on the law applicable to contractual...

The aim of my thesis is to analyse the limits of arbitrability of labour disputes in Czech Republic and to describe Austrian labour-arbitration law. Subsequently I would like to focus on possible solutions of problems linked with arbitrability of labour disputes in Czech Republic. The reason for this study is my interest in both Czech and international arbitration. There is only a few papers which deals with arbitrability of labour disputes in Czech Republic although it is in my opinion very interesting and controversial topic. In connection with changes, introduced by the new Civil Code on 1st of January 2014, the Czech civil law is much more similar to the German and Austrian civil law than it was before. Due to this fact I focus on Austrian arbitration act, which could be important source of knowledge for amendments to Czech arbitration act. The thesis is composed of eight main chapters. The first chapter discusses arbitration in general. The second and third chapter describes alternative dispute resolutions and some other types of out-of-court settlements of both collective and individual labour disputes in Czech Republic. Chapter four explains arbitration and alternative resolution of labour disputes under German and Austrian acts. Chapter five provides an outline of relevant Czech case law. This...

The employment contract Abstract This thesis is dedicated to the employment contract. The main target of this thesis is to evaluate the law regulation of this contractual type and all the coherent regulation, with particular emphasis on the labor codex, with use of specialized literature and conclusions of judicial decisions and eventually to propose what regulation could be implemented by the law maker. The first part of this thesis is the entry to the theme of this thesis and its main target is to explain why I chose this theme, what will be the content of this thesis, what will be its aim and what methods will be used. The second part of this thesis is dedicated to the term of the labor law, its position in the overall system of law and mainly to its principles as they influence the way that the whole labor law regulation is made. The third part of this thesis is dedicated to the term of the employment relationship as to an institute that is indivisible from the employment contract, to the process before it is based between the parties, to the ways of its creation, the content of the institute and its relation to the employment contract. The fourth part of this thesis is dedicated to the employment contract itself. The part describes the process before the contract is concluded, the form of the contract,...