Notice of termination of employment relationship after private law recodification Main theme of my thesis is notice of termination of employment relationship after private law recodification. I have chosen this topic, because every labour relationship termination and especially notice of termination, can have essential influence to every single person in productive age and even to his family. Law provides protection to both employers and employees, but to employees, as a weaker contracting party, is protection provided in wider range. I have divided my thesis into seven chapters, many of them are divided further. The first chapter is about labour law in general. The second chapter describes relationship between labour and civil law, from the Labour Code from 1965 to present time and also the principle of delgation and its change by Constitutional Court of the Czech republic fading into the principle of subsidiarity. In the third chapter I have stated the most important international documents, which are regulating notice of termination of employment relationship. Fourth part of my thesis describes employment relationship in general, ways of its termination and legal facts, which are leading to the termination of employment relationship in general. Key chapter is chapter number five, in which I am...

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,...

A presente dissertação estuda a participação de pessoas com deficiências no mercado de trabalho. No primeiro capítulo, ventila-se a trajetória histórica da pessoa com deficiência desde a Idade Antiga até a Idade Contemporânea. A seguir, analisa-se a terminologia apropriada para denominar a pessoa que possui alguma forma de deficiência. No segundo capítulo, abordam-se as principais normas do Direito Internacional atinentes ao tema. A seguir, analisa-se o modo como a relação de emprego das pessoas com deficiência é abordada pelo Direito estrangeiro. No terceiro capítulo, discorre-se sobre a evolução do ordenamento jurídico brasileiro diante do tema, ponderando-se a aplicação da Constituição Federal e da Lei n. 8.213/91, bem como o papel do Ministério Público do Trabalho e do Ministério do Trabalho e Emprego e, ainda, os mecanismos e incentivos para o cumprimento da legislação. No quarto capítulo, são verificadas as peculiaridades do contrato de trabalho das pessoas com deficiência, analisando-se se a realidade brasileira observa os direitos assegurados pelas leis e pelo texto constitucional vigente, sopesando-se a existência de meios eficazes de fiscalização, incentivo e, até mesmo, exigência de contratação. Para a elaboração do presente estudo, utilizam-se os métodos indutivo com a coleta de elementos para análise e elaboração do tema para posterior discussão e conclusão , analítico-sintético com o exame de textos jurídicos e não jurídicos e comparativo com a análise das características e da influência de diversas legislações nas condições de trabalho das pessoas com deficiência em momentos cronológicos distintos. São utilizadas a pesquisa bibliográfica e jurisprudencial, bem como a efetiva análise de textos legais. / This dissertation studies the participation of people with disabilities in the labor market. The first chapter talks about the historical trajectory of people with disabilities, from the Ancient Age to the Contemporary Age. Next, we analyze the appropriate terminology to describe the person who has some form of disability. In the second chapter we discuss the main rules of international law relating to the theme. Next, we analyze how the ratio of employment of people with disabilities is addressed by foreign law. The third chapter discusses the evolution of Brazilian law on the subject, considering the application of the Constitution and the Law 8.213/91, as well as the role of the Public Ministry of Labor and the Ministry of Labor and Employment, and also the mechanisms and incentives for compliance. In the fourth chapter, we investigate the peculiarities of employment of people with disabilities by analyzing if the Brazilian reality observes the rights guaranteed by the Constitution and laws in force, weighing up the existence of effective means of enforcement, encouragement, and even hiring requirement. In this study, we use the inductive method collecting elements for analysis and preparation of the issue for further discussion and conclusion , analytic-synthetic method examining legal and non-legal texts , and comparative method analyzing the characteristics and influence of various laws in working conditions of disabled people in different chronological moments. We searched the literature and jurisprudence, as well as the effective analysis of legal texts.

A presente dissertação intitulada O princípio de proteção em face da flexibilização dos direitos trabalhistas tem o objetivo de analisar a proteção do trabalhador no atual contexto brasileiro, através do método apresentado pela teoria de direito como integridade, formulada por Ronald Dworkin. O diferencial desta teoria é a adoção do novo paradigma de objetividade, em oposição ao conceito moderno de objetividade científica, em que o objeto deve ser conhecido necessariamente desvinculado da perspectiva do sujeito cognoscente. Conforme o novo paradigma de objetividade, nenhum conceito pode ser determinado a priori, mas somente dentro de um contexto determinado. O mesmo acontece com o conceito de direito. Não é possível a priori descrevê-lo por completo. O conceito se constrói na própria resolução dos casos concretos, ainda que reconheçamos casos paradigmáticos. Dessa forma, diante de um caso difícil, ou seja, sobre o qual há controvérsia, o juiz utilizará sempre padrões jurídicos interpretados com base na teoria que melhor justifica a prática jurídica como um todo. Assim, não há discricionariedade no sentido de ausência de padrão para julgamento. O direito determina a decisão correta, a qual constitui direito subjetivo do cidadão, e obrigação jurídica do juiz. A discussão sobre o princípio da proteção do trabalhador presente no direito brasileiro na atualidade é bem compreendida como um caso difícil conforme o modelo descrito por Ronald Dworkin. É reconhecida a desigualdade entre as partes da relação de emprego, entretanto, diverge-se sobre a melhor forma de equilibrar esse contrato. A corrente que defende a proteção do trabalhador pela via da negociação coletiva entende que o protecionismo estatal não mais atente à finalidade do direito de trabalho de equilibrar a relação de emprego, sendo necessária a flexibilização dos direitos trabalhistas. Enquanto a corrente oposta entende que a finalidade do direito do trabalho é melhor alcançada justamente pela proteção do empregado pelo Estado. A divergência é sobre qual a melhor concepção de proteção do trabalhador, ou seja, o que é a igualdade no campo das relações de emprego. A análise dos argumentos das duas correntes demonstra que a argumentação da corrente que defende a proteção estatal é mais forte, pois não faz sentido atribuir aos sindicatos a função de proteger os trabalhadores no momento em que essas entidades estão mais frágeis. Essa fragilidade é causada justamente pelos mesmos fatores que os juristas apontam como motivo para flexibilização dos direitos trabalhistas. São exatamente o atual modelo de produção e o desemprego as maiores causas da fragilidade do sindicato. Essa disputa doutrinária ressoa na jurisprudência. A análise de acórdãos do Tribunal Superior do Trabalho mostra que o Tribunal resguarda direitos mínimos do trabalhador e direitos que representam normas de ordem pública, os quais não podem ser negociados. Além disso, exige concessões recíprocas para a validade da negociação coletiva. Por outro lado, permite a flexibilização dos direitos trabalhistas nos casos previstos na Constituição e nos casos de direitos disponíveis. / The purpose of this paper, entitled Principle of protection under labor rights flexibility, is to analyze the protection of employees in the current Brazilian context, by means of the method presented by the theory of law as integrity, formulated by Ronald Dworkin. This theorys differential factor is the adoption of a new objectivity standard, as opposed to the modern scientific objectivity concept, in which the object must be necessarily known as detached from the cognoscent subject perspective. According to the new objectivity standard, no concept may be determined a priori, but only within a determined context. The same happens with the law concept. It is not possible to completely describe it a priori, the concept is created to the extent concrete cases are resolved, although we recognize paradigmatic cases. Thus, in face of a difficult case, that is, which presents controversies, the judge will always use legal standards interpreted based on the theory that best justifies the legal practice as a whole. In this way, there is no discretion in regards to the lack of standard for judgment. The law determines the correct decision, which constitutes the citizens subjective right, and the judges legal obligation. The discussion on the employees protection principle present in the Brazilian law nowadays is understood as a difficult case, according to the model described by Ronald Dworkin. The unequal character between the parties in an employment relationship is recognized, however, there are divergences in regards to the best way to achieve balance threrein. The stream defending the protection of employees by collective negotiation understands that the state protectionism no longer meets the purpose of labor law to provide balance to employment relationships, being necessary to turn labor rights flexible. The opposed stream, at its turn, understands that the purpose of labor law is better achieved exactly by the protection of the employee by the State. The divergence arises when it comes to decide which is the best employee protection concept, that is, what does equality mean within the scope of employment relationships. Upon analysis of the arguments of both streams, it is found to be stronger the stream defending state protection, because it does not make much sense to give unions the function to protect employees at the moment such entities are more fragile. Such fragility is specially caused by the same factors described by jurists as the reason to turn labor rights flexible. The current production model and unemployment are the greatest causes of union fragility. This doctrinaire dispute has an influence upon the case law. The analysis of the decisions rendered by the Labor Supreme Court demonstrates that the Court protects the minimum rights of employees and the rights representing public order rules, which may not be negotiated. In addition, it requires reciprocal concessions to make the collective negotiation valid. On the other hand, it allows the flexibility of labor rights in the cases se forth in the Constitution and available case law.

A subordinação jurídica é elemento preponderante para a caracterização da relação de emprego, base de incidência das normas do direito do trabalho. Diante disso é de fundamental importância entendermos seu significado e dimensão no contexto contemporâneo de profundas transformações no mundo do trabalho, que alteram inclusive a forma como o direito se insere na realidade. A subordinação do trabalho ao capital cria um grupo de detentores de mão-de-obra que necessitam da proteção do direito do trabalho. Essa análise é importante para entendermos o mundo do trabalho e a indispensável proteção jurídica que lhe é conferida pelo direito trabalhista. O presente estudo tem por objetivo lançar olhar estruturante sobre essas questões para incrementar a proteção trabalhista e regulamentar as relações de trabalho a partir dos valores da função social do trabalho e da melhoria das condições econômicas e sociais dos trabalhadores. / The legal subordination is an indispensable element for the characterization of the employment relationship, base of the standards of labor law. Considering this is wich fundamental importance to understand its real meaning and dimension in the contemporary context of profound changes in the workplace, including altering the way the law is part of the reality. The subordination of labor to capital creates a group of holders of manpower that need the necessary protection of labor law. This analysis is important to understand the world of labour and the necessary legal protection conferred on it by the labor law. This study is looking to shed on these structural issues to increase labor protections and regulate the labor relations from the values of the function of labor and the improvement of economic and social conditions of workers.

This doctoral research explores the implications for the employment relationship of the intersection between employment relations and customer relations. The context for the research is Australian higher education - specifically those university workplaces which are strongly market focused and where resourcing is inadequate to meet customer expectations. Traditionally, serving one's customer has meant providing goods or services (as requested by the customer) and doing so with courtesy (as defined by social custom). The customer was clearly outside the traditional employment relationship between employer and employee, although a focus of its output. However, in the context of post-Fordist production systems and post-modern values including the rise of consumption, there has occurred an intersection of product and labour markets which has led to changes to the employment relationship and the labour process. The thesis answers the questions: In higher education, does the student-as-customer have significant influence on the organisation of work? If so, does this constitute a reconfigured model of the employment relationship? The rationale for re-examining the employment relationship in the context of changing consumption patterns lies in the search for more extensive explanations of factors which influence the labour process with the suggestion that consumption is of increasing relevance for industrial relations theory and practice (see for example Heery 1993; Frenkel, Korczynski, Shire and Tam 1999a). The growth of a culture of consumption and changing consumption patterns are symptomatic of change which is central to the Australian economy as a whole and to higher education in particular (Usher, Bryant and Johnson 1997; Scott 1995a). In this context the doctoral research explores the social relations involved in the process of Australian higher education as a service encounter. It examines the implications for the organisation of work in particular, and the traditional bipartite employment relationship in general (between employer and employee although it is noted that the state has a peripheral role), of the student's newly constructed status of customer. The research focus is on flexible delivery which is seen as a key strategic response by higher education institutions to meet their perceptions of their customers' needs and wants. Flexible delivery is a pedagogy, a marketing tool and a form of work organisation and is a fertile domain within which to seek the intersection of employment relations and customer relations. In keeping with the labour process ethnographic tradition, this research employs Burawoy's (1991) methodology of Extended Case Method. This doctoral research raises critical issues related to the incongruence between current Australian national research ethics regimes and long established ethnographic methods employing participant observation. The practical consequences of the national research ethics regime for empirical research are explored in the concluding chapter. The data identifies that university managements' preoccupation with customer relations has undermined the traditional employment relationship between employing institution and academic. While the academic employee in the service encounter is engaged in the primary relationship of the bipartite employment relationship, management's incorporation of the student-customer into formal organisational processes which may lead to control over the organisation of work, potentially brings into being a tripartite employment relationship between employee/employer/customer. In such a model, customer relations is no longer merely the output of the employment relationship but a process within it, with customers acting as management's agents of control. This thesis introduces the concept of the customer as partial-employer. The thesis findings challenge the current management paradigm of customer focus as a 'win-win' situation. In Australian higher education customer focused strategies have emerged from managerial assumptions about student-customer needs and wants, specifically those of flexibility and value-for-money. The unintended consequence of these assumptions on the academic labour process has been a significant shift in the balance of power between academic educator and student at the level of the service encounter, with the subjugation of traditional academic authority to the power of the consumer in what has become a market relationship.

The existing grievance literature has tended to focus on employee decisions concerning dispute action in light of Hirschman’s (1970) ‘loyalty voice exit’ (LVE) model. The present research sought to take an alternative approach by exploring the processes associated with grievances and disputes, through following a series of cases covering both employer and employee perspectives of the same dispute. The cases involved individual-level disputes where the parties were still in an ongoing employment relationship at the time that they accessed the mediation services of the government employment agency. The research process involved observing the mediation sessions and then conducting follow-up interviews with all the individuals associated with each case, including the employer and employee, along with union advocates, legal representatives, and mediators resulting in a total of 70 interviews. The findings covered a range of areas which combined to form a new model which reframed the dispute process as a series of choices, events and stages, rather than the single-choice perspective of much existing literature. The model centres upon three core constructs. The first of these is the Dispute Type, which refers to the nature or substance of the dispute, and identifies three distinct types each of which have their own dynamics and progression, with a significant predetermining effect on the course of employment disputes. The second construct, Power, concerns the relative power of the parties, with a party’s overall power comprising of individual, organisational, and external levels. The series of dispute actions were also found to be driven by power-related dynamics, and this produces a model that both builds upon and also extends, existing models of power in the negotiation literature (Lawler, 1992; Kim et al., 2005). Finally the third construct, Interaction Type, draws on Pruitt and Kim’s (2004) dual concern model, to explore the combined interaction of the strategies and tactics utilised by each side in a dispute sequence. Extending this model into employment dispute situations, the research identifies dynamics which can lead to major escalation of disputes, precluding opportunities for resolution. The research has significant implications for organisations in their management of individual-level employee disputes, as well as for parties such unions and other representatives who are reframed as agents with the potential to increase or reduce the power of parties.

The first construct of this study is leadership styles. This well-known concept has been widely explored in the research. Many different models have germinated from the different theories developed on leadership styles, and for the purpose of this research, the leadership style model approach developed by Kurt Lewin has been used as a framework or paradigm. According to this approach, their main styles are identified. These styles are known as authoritarian style, participating style and delegative style. The second construct that this study focuses on is the psychological contract. This is a well known concept that has been widely researched. It was found to have a strong impact on employers as well as employees in the workplace. Although numerous studies have been done regarding "the experience of employee and employer obligations through perceived promises made in the reciprocal employee-organisation relationship", it is evident that further research regarding the relationship with other concepts could be of immense value. The general objective of this study was to investigate the relationship between different leadership styles and the psychological contract in work teams. A quota sample (N= 151) was taken of team leaders and their members of work teams in the Process and Maintenance departments of a Mining Factory in Lichtenburg, North West Province. The Psycones questionnaire ("Psychological Contracts among Employment Relations) was used to measure the psychological contract while the leadership style questionnaire was used to identify the different leadership styles. Data collection was done by means of structured questionnaires through exploratory research by using a cross-sectional design. Cronbach alpha coefficients, factor analysis, inter-item correlation coefficients, Pearson product moment correlation coefficients and stepwise multiple regression analysis were used to analyse the data. The first objective of this study was to conceptualise the relationship between leadership styles and the psychological contract, which was achieved through an in depth literature review on the two constructs. A literature review on the psychological contract highlighted an integrative definition as well as an exploration of psychological contract breach and violation, and the consequences thereof. The review on the leadership styles gives a broad explanation of the different styles identified as well as the relevant impact thereof. The second objective of this study was to determine the construct validity and reliability of the leadership style questionnaire and psychological contract questionnaires. With the support from previous validated studies of these questionnaires carried out in a South African context, factor analyses and reliability analyses were nevertheless carried out and the results corresponded with the previous findings indicating the viability of these questionnaires. The third objective was to determine the relationship between the leadership styles and the psychological contract constructs. Through correlation analyses significant correlations achieved were those between the Delegate-Participative style and the Emotions of the PC as well as a positive relationship which was shown between Delegate-Participative style and the Emotions of the PC with a large effect. These conclusions sturdily propose a relationship between the Delegative-Participative Style and the PC. A multiple regression analysis with delegative-participative leadership style as dependent variable was carried out. When all component of the psychological contract were a statistically significant model was produced, with the variance explained increasing with 50%. The results indicated that a relationship exists between the delegative-participative leadership style and the psychological contract. Limitations within this research were identified, and recommendations were made for the both the profession of employers and employees in the mining company as well as for future research purposes. / Thesis (M.Com. (Industrial Psychology))--North-West University, Potchefstroom Campus, 2009.

The changes in the political landscape in South Africa have exacerbated major transformation of the society and all other aspects of life, including education. It is in this view that transformation of the education sector resulted in the changes within the employment relationship, as well as the psychological contract between educators and the Department of Education. This is further explained by the changes experienced in both the employer and employee's obligations. Furthermore, these changes have a tremendous influence on the degree of job satisfaction, organisational commitment, as well as an intention to quit among educators. The primary objective of this research is to investigate the employment-and psychological contract of educators in the Sedibeng West District of the Gauteng Department of Education. The measuring instruments, i.e. employer's obligations, employee's obligations, job satisfaction, organisational commitment, as well as intention to quit questionnaires, were used in the empirical study. A cross -sectional survey design was conducted among 298 educators (including school managers) in the Sedibeng West District. A response rate of 75% (224 respondents) was obtained. The results indicate a practically significant correlation coefficient of a medium effect between the employer and the employee's obligations, a negative correlation of medium effect between the employer's obligations and an employee's intention to quit, and no significant relationship between the employee's obligations and an employee's intention to quit. Furthermore, a practically significant correlation coefficient of medium effect was obtained between job satisfaction and an employee's intention to quit, and no significant relationship could be found between job satisfaction and organisational commitment. Lastly, a practically significant negative correlation of a medium effect was obtained between organisational commitment and an intention to quit. A multiple regression analysis indicates that 21% of the variance in the employee's intention to quit was predicted by both the employer and employee's obligations. Organisational commitment and job satisfaction predicted 33% of the total variance. Recommendations for the Department of Education, as well as future research were also made. / Thesis (M.A. (Industrial Sociology))--North-West University, Vaal Triangle Campus, 2008.

The first construct of this study is leadership styles. This well-known concept has been widely explored in the research. Many different models have germinated from the different theories developed on leadership styles, and for the purpose of this research, the leadership style model approach developed by Kurt Lewin has been used as a framework or paradigm. According to this approach, their main styles are identified. These styles are known as authoritarian style, participating style and delegative style. The second construct that this study focuses on is the psychological contract. This is a well known concept that has been widely researched. It was found to have a strong impact on employers as well as employees in the workplace. Although numerous studies have been done regarding "the experience of employee and employer obligations through perceived promises made in the reciprocal employee-organisation relationship", it is evident that further research regarding the relationship with other concepts could be of immense value. The general objective of this study was to investigate the relationship between different leadership styles and the psychological contract in work teams. A quota sample (N= 151) was taken of team leaders and their members of work teams in the Process and Maintenance departments of a Mining Factory in Lichtenburg, North West Province. The Psycones questionnaire ("Psychological Contracts among Employment Relations) was used to measure the psychological contract while the leadership style questionnaire was used to identify the different leadership styles. Data collection was done by means of structured questionnaires through exploratory research by using a cross-sectional design. Cronbach alpha coefficients, factor analysis, inter-item correlation coefficients, Pearson product moment correlation coefficients and stepwise multiple regression analysis were used to analyse the data. The first objective of this study was to conceptualise the relationship between leadership styles and the psychological contract, which was achieved through an in depth literature review on the two constructs. A literature review on the psychological contract highlighted an integrative definition as well as an exploration of psychological contract breach and violation, and the consequences thereof. The review on the leadership styles gives a broad explanation of the different styles identified as well as the relevant impact thereof. The second objective of this study was to determine the construct validity and reliability of the leadership style questionnaire and psychological contract questionnaires. With the support from previous validated studies of these questionnaires carried out in a South African context, factor analyses and reliability analyses were nevertheless carried out and the results corresponded with the previous findings indicating the viability of these questionnaires. The third objective was to determine the relationship between the leadership styles and the psychological contract constructs. Through correlation analyses significant correlations achieved were those between the Delegate-Participative style and the Emotions of the PC as well as a positive relationship which was shown between Delegate-Participative style and the Emotions of the PC with a large effect. These conclusions sturdily propose a relationship between the Delegative-Participative Style and the PC. A multiple regression analysis with delegative-participative leadership style as dependent variable was carried out. When all component of the psychological contract were a statistically significant model was produced, with the variance explained increasing with 50%. The results indicated that a relationship exists between the delegative-participative leadership style and the psychological contract. Limitations within this research were identified, and recommendations were made for the both the profession of employers and employees in the mining company as well as for future research purposes. / Thesis (M.Com. (Industrial Psychology))--North-West University, Potchefstroom Campus, 2009.