Šiame magistro darbe analizuojami Lietuvos, Latvijos, Estijos ir Rusijos terminuotų darbo sutarčių sudarymo, vykdymo bei nutraukimo ypatumai. Kad nebūtų piktnaudžiaujama terminuotomis sutartimis, valstybės savo darbo statymuose įstatymuose nustato tam tikrus imperatyvius reikalavimus. Darbo tikslas yra palyginti Lietuvos ir minėtų užsienio valstybių darbo įstatymų nuostatas, susijusias su terminuotų sutarčių reglamentavimu, pateikti jų apibendrinimus, aptarti šių teisės normų įgyvendinimo praktikoje problemas bei pateikti pasiūlymus Lietuvos įstatymų leidėjui. Pirmoje darbo dalyje pabrėžiama darbo sutarties instituto svarba, apžvelgiami pagrindiniai valstybių darbo įstatymai, aptariama terminuotos darbo sutarties samprata bei išskiriamos jos rūšys. Antroji dalis yra skirta terminuotų darbo sutarčių sudarymui – joje aptariamas terminuotų darbo sutarčių turinys, kurį sudaro būtinosios ir papildomos sąlygos, apibrėžiamos bendros visoms valstybėms termino nustatymo taisyklės, taip pat analizuojamos terminuotos darbo sutarties prielaidos ir apribojimai. Trečioje darbo dalyje dėmesys skiriamas teisės normų, reglamentuojančių terminuotų darbo sutarčių vykdymą ir keitimą, analizei – pabrėžiami sutarčių keitimo ypatumai, atsižvelgiant į sąlygų keitimo priežastį, jų rūšį ir nuo to, kuriam laikui (terminuotai ar neterminuotai) tos sąlygos keičiamos. Šioje dalyje taip pat aptariami pagal terminuotas darbo sutartis dirbančių darbuotojų nediskriminavimo bei informavimo apie laisvas darbo... [toliau žr. visą tekstą] / In these Master theses are analyzed the characteristics of fixed-term employment contracts in Lithuania, Latvia, Estonia and Russia. To prevent abuse arising from fixed-term employment contracts the countries define imperative requirements in their labour laws. The object of these theses is to compare the provisions of labour laws, related to the regulation of the fixed-term employments contracts, to present the generalization thereof, to discuss the problems of provisions’ realization in practice and to make suggestions to the legislator. In the first part of the theses the importance of employment contract’s institute is pointed, the countries’ main labour laws are reviewed and the conception of employment contract and its types are discussed. The second part is about the conclusion of fixed-term employment contracts: the content of fixed-term employment contracts (obligatory and additional conditions) is discussed, the general rules of term determination are defined, the preconditions and restrictions of fixed-term employment contracts are analyzed. In the third part of theses the rules of law, related to the implementation and amendment of fixed-term employment contracts, are analyzed – it is pointed that the amendments are made according to the reason and duration of amendment and the type of employment conditions to be amended. The principles of non-discrimination of fixed-term workers and information about vacancies are also discussed. The last, fourth, part is about... [to full text]

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]

The economic downturn and ageing population has caused a rethink of a number of services: social housing providers are, as a result of the Coalition’s housing strategy (mainly enacted by the Localism Act 2011), not only considering who should be given low cost and secure housing, but for the first time, how long people should be housed. Demand is high for social properties and providers are urged to use their scare resources wisely; however, social housing is popularly viewed as a tenancy of last resort. This thesis explores a new phenomenon: why will the introduction of a policy to fix the term (length) of a tenancy be effective when social housing is considered not only to be the least desirable tenancy, but one that causes personal, economic and social difficulty. Surely, these issues alone would be enough of a stimulus for tenants to leave without any further limitations set by the State or the housing provider, if they were able to? This thesis uses the case study method to look at, in a highly qualitative way, the lived experiences of a number of tenants who have resided in their social homes for five years on traditional social tenancies. Fixed term tenancies will typically be five years in length and we are still a number of years away from being able to study what the actual impact will be. The issue is explored by understanding what would be the outcomes if the participants were on fixed term tenancies. As a result, a hermeneutic methodology was required. The study found that, good thing or not, fixed term tenancies are not shunned by likely applicants who, at the point of allocation, are not concerned about what might happen in five years’ time. In addition, an acute shortage of housing (across all tenures) is reducing the expectations of newly-forming households. Few tenants would not be offered a further tenancy (at the same or smaller property) at the end of five years as their circumstances are likely to remain largely unchanged.

No description available.

Univ., Diss.--Aix-Marseille, 2003.

This thesis presents an exploration of the nature, extent and characteristics of a disciplinary Inclusion Room (IR), from the perspectives of students and staff in a South West secondary school. Over the past five years, this school has significantly reduced fixed term exclusions and improved school attainment against Local Authority averages. This research presents an organisational response to a socio-cultural problem and the paradoxical lenses of social inclusion and discipline. The research uses Cultural Historical Activity Theory (CHAT) as a theoretical and methodological framework. I explore inclusion and professionalism using the perspectives of nine students who entered disciplinary IR and nine staff who knew the students. Inclusion constructs explored include participation, equality and diversity. Professionalism is deliberated through a continuum of managerial control/discretionay judgement, individualistic models/collegial approaches and bureaucratic/continuous learning dimensions. Mixed methods used include document analysis, an on-line questionnaire, student and staff interviews, visual timelines and observations of the students in classrooms. The analysis of IR considers primary, secondary and tertiary contradictions along with disciplinary rules, community and division of labour/power constructs amongst participants to develop a rich understanding of the context. Exploratory data, in the form of a questionnaire, suggests that the students and staff broadly share understanding of inclusion policy, practice and culture in this school. Interviews, further informed by examination of documents, student timelines and observations, show how a disciplinary IR is integrated into, and complements, educational processes; participation (being there), equality and diversity, within the school. Professionalism is characterised by discretionary lenses, collegial working and continuous learning governed by problem solving to support that educational vision. Findings from this work are generalisable as the research develops experience of the school in a naturalistic manner and is illustrative of expectations rather than formal predictions. Nevertheless, schools can use the findings to consider how a disciplinary IR can complement educational processes through increasing participation, equality and diversity. Goals for inclusion can be enhanced through collaborative partnerships and active, ongoing engagement amongst students and staff to develop the educational experience.

The sports in Sweden has previously been self-regulated with its own rules and provisions. As the commercialisation and professionalization have increased the common legal system has a greater impact on sports. The purpose of this study is to investigate the professional ice hockey adjustments to the labour law regulation. Furthermore the purpose is to illuminate possible advantage and disadvantage with the professional ice hockey player’s conditions of employment. To answer the purpose and the research questions of this study the legal dogmatic method, the legal sociology method and qualitative method with interviews has been used. The study shows how the professional ice hockey has adapted the labour law regulations with collective agreement due to the semi-dispositive provisions found in Swedish labour law. In Swedish professional ice hockey only the fixed-term contract is applied and most of the provisions about employment security are not available for the ice hockey players. In return the players has a stronger protection during the employment. As an employee and a parent the right to have a parental leave is statutory. The study shows a complex of problems with ice hockey player’s opportunity to have a parental leave, which is a right as an employee. This raises questions about equality between men and women in the labour market of ice hockey.

Since 2007 the EU commission has been investigating Sweden regarding their implementation of the Council's directive 1999/70/EC concerning the framework agreement on fixed-term work into Swedish law after a report to the commission from a Swedish confederation of officials, TCO. After many years and turns back and forth between the commission and the Swedish government with several failed suggestions of changes to the Swedish legislation regarding fixed-term contracts, the government presented a final suggestion that was successfully voted through and thereby new rules regarding fixed-term contracts applies in Sweden from 1 May 2016.During this whole process, and before it as well, there has been a discussion between the parties of the labour market on whether fixed-term contracts are being misused or not in Sweden. The main purpose of this essay is to shed some light on the question of this misuse of fixed-term contracts and to see what consequences such misuse, if it exists, could have on the society and specifically on the labour market integration of newly arrived citizens.If misuse of fixed-term contracts exist or not is a question of interpretation and is depending on how the labour market is viewed. There are different perspectives and different theories on how the labour market should function to best profit the society. What effects the new Swedish legislation regarding fixed-term contracts will have on the society and on the integration of newly arrived citizens in the future is yet to be shown. If the new rules regarding fixed-term contracts fulfill their purpose in strengthening the employee protection that could have a positive outcome for both newly arrived citizens and the society at large.

Fixed-term employment has become increasingly common in the Swedish labour market, despite that the stated main rule is permanent employment. The phenomenon affects different groups in society, especially since statistics indicate that it is mainly women, young and foreign-born people who have fixed-term contracts. Sweden was notified from the European Commission for not having lived up to the minimum requirements that the Council Directive 1999/70/EC framework agreement on fixed-term work issued. Several years of correspondence resulted in that Sweden was faced with the risk to stand in front of the Court of Justice of the European Union on charges of infringement if the law was not changed. A new law was presented May 1 2016. Lawmakers had here taken up by the Directive's requirement of maximum total duration of successive fixed-term employment contracts. This resulted in giving 5 § of the employment protection act, a bigger possibility to convert fixed- term contracts into permanent employment contracts than before. The purpose of this paper is to look at the differences between different social groups and job security, and to examine, illuminate and analyze the problem of fixed-term employment for different groups of workers and to set this in relation to the EU Directive on fixed-term. To answer the purpose of the essay and research questions the doctrinal method has been used to interpret, investigate and determine the applicable law. The new legislation has made it much more difficult for employers to misuse of fixed-term contracts, but it is very difficult to interpret the provisions of the law. In my opinion, unnecessarily complicated which is an important factor that can make the new legislation ineffective.

Fixed-term employment relationships as demarcated by Czech and French legal regulation Abstract The present paper analyzes fixed-term employment relationships as demarcated by Czech and French legal regulation. The purpose of the study is to discuss similarities and differences within the examined legislations, provide a basic historical background and reflect on whether the French legislation could be used as a source of inspiration for Czech law. In author's opinion, due to the frequent issues arising in connection with the application of the legal regulation of fixed-term employment relationships, this thesis could also serve as a source of interesting facts for both employees and employers. The paper is divided into four chapters. The introductory chapter looks briefly at labour law as a distinct legal branch, highlighting some of the issues which the doctrine of labour law must contend with in the context of the re-codification of private law and defining "an employment relationship" as the basic legal term of the thesis as a whole. The second and third chapters examine the legal regulation of fixed-term employment relationships. Firstly, the Czech legal regulation is reviewed and, subsequently, the French law is explored. The parallel structure of these chapters is such that any differences in the...