Concurrence of the function of a member of a statutory body and an employment relationship in the same corporation Abstract The aim of this work is to comprehensively map the issue of concurrence of a member of a statutory body and an employment relationship in the same business corporation, both in terms of regulatory development and in terms of the most important court decisions concerning concurrence. The purpose is therefore to create an imaginary "timeline" that will reflect the various relevant provisions of the legislation and at the same time bring a selection of the most interesting court decisions. The more practical side of the matter is also not neglected, when the validity of employment contracts, which create concurrence, is analyzed. The first chapter is focused on the basic theoretical background of both the field of labor law and commercial law, which is worked with in other parts of the work and which are important for understanding the whole issue. In the third chapter, I focused on case law, which represents a key role in the issue of concurrence of a member of a statutory body with an employment relationship. A substantial part of this chapter is devoted to the analysis of the Constitutional Court's ruling from 2016, but several decisions of the Supreme Court are also mentioned, whose...

Yes / Prominent writers in industrial relations (IR) have concluded the field is in significant decline, partly because of a failed theory base. The theory problem is deepened because other writers conclude developing a theory foundation for industrial relations is neither possible nor desirable. We believe advancing IR theory is both needed and possible, and take up the challenge in this paper. A long-standing problem in theorizing industrial relations has been the lack of agreement on the field’s core analytical construct. However, in the last two decades writers have increasingly agreed the field is centred on the employment relationship. Another long-standing problem is that writers have theorized industrial relations using different theoretical frames of reference, including pluralist and radical-Marxist; different disciplinary perspectives, such as economics, sociology, history, and politics; and from different national traditions, such as British, French, and American. In this paper, we seek to advance IR theory and better integrate paradigms and national traditions. We do this by developing an analytical explanation for four core features of the employment relationship—generation of an economic surplus, cooperation-conflict dialectic, indeterminate nature of the employment contract, and asymmetric authority and power in the firm—using an integrative mix of ideas and concepts from the pluralist and radical-Marxist streams presented in a multi-part diagram constructed with marginalist tools from conventional economics. The diagram includes central IR system components, such as labour market, hierarchical firm, macro-economy, and nation state government. The model is used to explain the four features of the employment relationship and derive implications for IR theory and practice. Examples include the diagrammatic representation of the size and distribution of the economic surplus, a new analytical representation of labour exploitation, identification of labour supply conditions that encourage, respectively, cooperation versus conflict, and demonstration of how inequality of bargaining power in labour markets contributes to macroeconomic stagnation and unemployment.

Yes / The academic literature widely acknowledges changes and variation in the practices of small firms but only a small amount of empirical work has explored the processes through which HRM practices undergo change. Research has tended, instead, to examine the presence and effectiveness of HRM in small firms and has often viewed this in terms of a deficit model relating such practices to an understanding of HRM derived from larger firms. This chapter focuses on the recruitment and selection and staff payment practices in use in three small services firms to explore the everyday, ongoing detail of their HRM processes and practices. Identifying the different processes through which recruitment and selection and staff payment practices changed in the participant firms provides a base for discussing persistent forms of informality and the lack of stability that reflects the everyday realities of the firms, not only in contrast to their formalized policies but in engagement with them. This chapter advances understanding of selected HRM practices in small services firms after periods of formalization and adoption of HRM policies and practices. The chapter also discusses how developing knowledge of small firms’ HRM practices in this way has implications for researchers and practitioners.

The thesis focuses on the issue of transfer of undertaking as recognized by the Acquired Rights Directive 2001/23/EC under the EU and Czech law. The first chapter "general introduction" offers an overview of the basic relationships that arise in the course of employment, and the basics of European law. The second chapter considers the rules of the transfer of undertaking under the Acquired Rights Directive and in light of ECJ case law. It defines the terms legal transfer and merger, economic entity which retains its identity, employee, transferor and transferee. Further, it considers the transferred rights of employees and the corresponding duties of employers, encompassing the right for information and consultation, protection against dismissal on the grounds of the transfer and the right for the same work conditions after the transfer. It covers a special case of transfer of undertaking in the case of transferor's insolvency. The third chapter deals with the regulation of transfer of undertaking under Czech law. Firstly, the chapter introduces the development of the provisions covering the transfer in the Labour Code. It focuses on the contemporary provisions of the Labour Code. It describes the grounds for the transfer covered by the Labour Code and particular statutes such as the Civil Code,...

Bakgrunden till studien var sjuksköterskebristen i hälso- och sjukvården och det faktum att många arbetsgivare har svårt att rekrytera och behålla sjuksköterskor. Det valda perspektivet var anställningsrelationen och teorin om ”psykologiska kontrakt”; individens uppfattningar om ömsesidiga åtaganden/skyldigheter mellan anställd och arbetsgivare. (Förhands)förväntningar, influerade av signaler/information från organisationer, kan vara en grund till nyanställdas psykologiska kontrakt. I denna studie undersöktes sjuksköterskestudenters förväntningar på ömsesidiga åtaganden i en anställningsrelation, liksom hur de fick information om arbetsgivare/arbetsplatser och varför informationen var viktig. Semistrukturerade intervjuer genomfördes med 12 sjuksköterskestudenter från en svensk högskola, 11 var sistaårsstudenter. Analysmetoden var fenomenologisk. Två huvudteman för förväntade åtaganden framkom: sjuksköterskeprofessionen och personen. Tema tillit/förtroende framkom för hur studenterna fick viktig information om arbetsgivare/arbetsplatser, kategorierna var: direkta kontakter med organisationer/arbetsgivare, nätverk och media. Resultatet pekade på vikten av ett relationellt förhållningssätt i kompetensförsörjningen, liksom att arbetsgivare särskilt bör uppmärksamma förtroendefrågor och professionella värderingar i kontakter/kommunikation med sjuksköterskestudenter.

Small construction professional services (CPS) firms are recognised as being vitally important to the UK construction industry as much of the professional capacity of the sector resides within these small practices. They rely on the capabilities of small groups of professional employees in delivering their services and so need to ensure their commitment to achieving organisational objectives. Clearly, human resource management (HRM) strategies have a major role to play in managing employee commitment, and yet such strategies have received little attention within the construction management literature. This study investigates the nature of construction professionals commitment within small CPS firms and to develop HRM interventions that foster organisational commitment in small CPS firms. The study adopts qualitative approach to enable gathering of rich data that come directly from the participants involved in the phenomenon. Exploratory interviews with managers of small CPS firms conducted in the early phase of the research helped to identify some of the key strategies and operational challenges related to the management of commitment. Following this, the main data was collected through conducting two in-depth case studies, which included one small quantity surveying practice in the East Midlands, UK, and one small multi-disciplinary practice in the West Midlands, UK. The case studies involve in-depth interviews involving the employer and employees, participation observation and document analysis at the main office of both organisations. Together, these data helped to unravel the nature of the employment relationship within such firms and also to gain a better understanding of how professional employees express their commitment. The findings reveal that professional employees commitment is influenced by a complex range of factors, but that five main HRM levers have a particular influence within such firms. These relate to job design, performance and career management, training and development, reward management and employee involvement. It is clear that a range of factors impinge on the abilities of employers to enact effective HRM strategies. In particular the recent economic crisis and personal problems have both been cited as the main challenges by the employer and employees of both organisations. It highlights the significant importance of managing organisational commitment much more effectively, regardless of the economic climate. Based on the research results a framework for managing professional commitment was developed and validated within a range of small CPS firms. The framework presents a holistic way of accounting for all the issues that influence the development and maintenance of organisational commitment within small CPS firms. Such knowledge is essential to the management of small CPS firms for achieving meaningful improvement in their approach to foster organisational commitment. The key recommendations for the management of small CPS firms is to make sure that every aspect of the job meets the professional employees expectations as well as project requirements and organisational objectives. This includes improving communication by utilising both formal and informal medium of communication, rewarding employees with both monetary and non-monetary rewards and developing employees by providing both on-the-job training and off-the job training. All these HRM practices need to be effectively linked and managed appropriately to collectively foster commitment. In conclusion, the complex nature of organisational commitment raised the importance for the management of small CPS firms to have a structured approach in managing their employees commitment.

This thesis deals with the actual extent of contractual freedom in labor law relations from the theoretical perspective and from the perspective of its specific consequences in labor law as well. Therefore the thesis consists of two main parts. In part one, the thesis defines the legal principle concept and continues with the autonomy of the will characteristic, from which the contractual freedom principle derives, and then it describes its restrictions as a reset of both the principle of equality and the principle of protection of the weaker party to contract. As follows, the thesis deals with the position of labor law within the private law area, its historical development, the influence of the Constitutional Court decision no. 116/2008 Coll. and the adoption of the new Civil Code in terms of the labor law contractual freedom extent. The ending of the first part is dedicated to the modern "flexicurity" system that seeks to reach the balance between contractual freedom on one hand and an employee protection within labor law on the other hand. In its second part, the thesis aims to analyze particular appearances of contractual freedom within chosen labor law aspects as it both, shortly describes them and assesses them in terms of the space that they provide to contractual freedom and the amount of...

The master's thesis focuses on one aspect of labour law in the Czech Republic. Specifically, it provides a thorough interpretation of the Czech legal regulation of dependent labour, including the issue of the so-called švarcsystem. In order to achieve such purpose, the thesis uses information from the Act No. 262/2006 Coll., the Labour Code, as amended, the Act No. 435/2004 Coll., The Employment Act, as amended, available doctrinal literature and case law of Czech courts and the European Court of Justice. The interpretation is performed by a comparision of the past and present Czech regulation, as well as the theoretical background and practical implications, which is the core of the focus of the master's thesis.

The Labor Pension Act¡]LPA¡^was passed by the Taiwan Legislative Yuan on June 11, 2004 and the implementation date is July 1, 2005. The significant difference between the existing Taiwan Labor Standards Law (TLSL) and LPA is that LPA is a portable defined contribution (DC) type of scheme. Employers shall contribute on a monthly basis to the Labor Pension Fund by contributing maximum 6% of monthly wage into the individual pension fund accounts. The raised staffing cost is foreseeable and was expected to turn into a heavy burden to employers. To decrease the cost of staffing and the turnover rate, this study focuses on the reactions that enterprises would plan to take and response to. However, the new LPA was not carried out officially during the study period, we conclude the exploratory findings through the questionnaire to understand what type of flexibility practice that employers¡¦ plan to take and what kind of impact on organizational performance will be made. We selected the sample companies from manufacturing, services and financial industries from¡m2003 CommonWealth Magazine Top 1600 Enterprises Ranking¡n. In all, 137 of 630 HR managers to whom we sent surveys returned the questionnaires, this yielding a response rate of 21.75%. The findings are summarized as follows: 1.The larger scale of organization, the more tendencies toward numerical flexibility and financial flexibility practice. 2.Organizations that plan to exercise numerical flexibility practices e.g., layoff, severance, downsizing etc, expect the negative effects on organizational performance. 3.Organizations that plan to exercise functional flexibility expect the positive effects on organizational performance. Organizations plan to adopt job-rotations expect the enhancement of organizational performance. 4.Organizations that plan to exercise financial flexibility do not expect the noticeable positive effects on organizational performance. Among financial flexibility practices, organizations that plan to adjust current fringe benefits expect the negative effect on organizational performance. 5.Organizations that plan to execute the improved HRM exercises expect the improvement of the organizational performance. 6.Organizations that plan to exercise the numerical and financial flexibility expect to lead to tense relationships between workers and employers in the future.

Prior to the Constitutional Court's decision in the Sidumo and another v Rustenburg Platinum Mines Ltd and others (2007) lACC 22 the Commission for Conciliation Mediation and Arbitration applied the "reasonable employer"–test to determine whether a specific sanction, issued by an employer, was fair. The "reasonable employer"–test provided a lot of flexibility to employers to dismiss employees for misconduct, as employers' decisions to dismiss were "protected" from scrutiny by the CCMA. The Constitutional Court replaced the "reasonable employer"–test, which required a measure of deference to the decision of the employer, with that of the "reasonable decision maker"–test, which required an answer to the question whether the decision reached by the commissioner was one that a reasonable decision maker could not reach? This meant that in the event that the decision reached by the commissioner was one that a reasonable decision maker could not reach, that the decision of the commissioner will be overturned on review. The change in test from a "reasonable employer" to that of a "reasonable decision maker" had significant implications for employers who are instituting disciplinary action against their employees and subsequently imposing the sanction of dismissal, as commissioners are no longer allowed to "defer" to the decision imposed by employers. The Sidumo test also have implications for employers who are seeking to take decisions of the CCMA on review, as londo JP held in Fidelity Cash Management Service v CCMA 2008 29 ILJ 964 (LAC) that it will not be often that an arbitration award is found to be one that a reasonable decision maker could not have made. / Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2011.