Dans ce mémoire, nous nous intéressons à la portée effective de la protection offerte par le droit du travail au Québec dans le contexte actuel du marché de l’emploi. Pour approfondir cette question, nous avons choisi d’explorer l’application du droit dans une industrie où les conditions de travail se révèlent bien souvent difficiles et contraignantes, voire carrément précaires. Ce mémoire traite de l’industrie de la restauration. Plus précisément, notre analyse porte sur les difficultés que pose, dans ce secteur d’activité, l’application des normes juridiques destinées à encadrer la relation employeur-salarié. Le présent ouvrage s’articule autour des facettes de l’industrie de la restauration à l’égard desquelles l’application de ces normes est susceptible de connaître des ratés, à savoir l’identification de l’employeur dans les franchises de restauration, le contrôle du salarié sur son horaire de travail, la sécurité d’emploi et l’accès à la syndicalisation. Notre étude tend à démontrer que, dans leur forme actuelle, les lois du travail accentuent l’instabilité qui caractérise les conditions auxquelles sont soumis les salariés de l’industrie de la restauration. Ce mémoire met en lumière les raisons pour lesquelles la protection dont jouissent ces salariés se révèle dans bien des cas insuffisante. Bien qu’elle se cantonne à un seul secteur d’activité économique, la présente étude s’inscrit dans un phénomène global en ce que les problèmes qui y sont abordés affectent le marché du travail dans son ensemble. / This thesis focuses on the ability of Quebec labour laws to fully exert their protective role in the current context of the labour market. To explore this question in depth, we have chosen to analyze the application of the law in an industry where working conditions are often difficult and restrictive, even downright precarious, namely the restaurant industry. Specifically, this analysis focuses on the difficulties posed by the application of legal standards intended to regulate the employer-employee relationship. We look at the facets of the restaurant industry where the application of these standards is likely to fail, namely the identification of the real employer in restaurant franchises, the employee control over working hours, job security and access to unionization. This study is meant to show that, in their current form, labour laws worsen the instability that characterizes the working conditions to which employees in the restaurant industry are subjected. This thesis sheds light on the reasons why the protection enjoyed by these employees is in many cases insufficient. Although it is confined to a single sector of economic activity, this study is part of a global phenomenon in the sense that the dynamics causing the difficult working conditions in the restaurant industry affect the whole labour market.

En este artículo, se estudia el nivel de influencia del contrato laboral a tiempo fijo en la productividad de las empresas, con base en investigaciones realizadas por diversos autores de distintas partes del mundo. El objetivo principal es mostrar las posturas actuales sobre la influencia que tiene la naturaleza del contrato laboral a tiempo fijo en el rendimiento de la empresa. Para ello, se desarrollan dos subtemas: la influencia del contrato laboral a tiempo fijo sobre la productividad y, por otro lado, la influencia del contrato laboral a tiempo fijo sobre la seguridad y el bienestar laboral. En el presente estudio, de manera prioritaria, se utiliza la metodología cualitativa. En la investigación realizada, se ha encontrado gran controversia en cuanto a la influencia que tiene la naturaleza del contrato laboral sobre el rendimiento de la empresa, mientras que, para unos investigadores, el contrato laboral a tiempo fijo favorece la productividad, debido a que la empresa reduce sus costos al no invertir en recursos humanos; para otros, el contrato laboral a tiempo fijo perjudica la productividad, dado que el desempeño e impacto laboral es inferior, comparado con los trabajadores con contrato a tiempo indefinido. / In this article, the level of influence of the fixed-term labor contract on firm productivity is examined, based on research conducted by various authors from different parts of the world. The main objective is to show the current positions on the influence of the nature of the fixed-term labor contract on firm performance. For this purpose, we will develop two sub-themes: the influence of the fixed-term employment contract on productivity and, on the other hand, the influence of the fixed-term employment contract on job security and well-being. In the present study, the qualitative methodology is used as a priority. In the research carried out, we have found great controversy regarding the influence of the nature of the employment contract on the company's performance. While, for some authors, the fixed-term labor contract favors productivity, since the company reduces its costs by not investing in human resources; for other authors, the fixed-term labor contract is detrimental to productivity, since labor performance and impact is lower compared to workers with an indefinite-term contract. / Trabajo de Suficiencia Profesional

Die vorliegende qualitative Forschungsarbeit leistet mittels zweier empirischer Untersu-chungen einen Beitrag im Forschungsfeld von betrieblichem Gesundheitsmanagement (BGM) vor dem Hintergrund eines verbesserten Schutzes vor gesundheitsbedingtem Aus-scheiden von Arbeitnehmern. Zielstellung ist zum einen die Entwicklung eines betrieblichen Frühaufklärungssystems, das wie ein wissensbasiertes lernendes System fortlaufend Informa-tionen und Trends zur Verbesserung des Arbeits- und Gesundheitsschutzes (AUG), der Be-trieblichen Gesundheitsförderung (BGF) und des Betrieblichen Eingliederungsmanagements (BEM) durch interne und externe Beobachtungsbereiche erfasst, auswertet und Vorschläge für notwendige Anpassungen oder inkrementelle Innovationen bereitstellt. Zum anderen wird das „(integrative) Coaching“ in einer vergleichenden Fallstudie auf seine Wirkfaktoren hin analysiert; beim integrativen Coaching handelt es sich um ein Beratungsangebot, das auf Grundlage der regulären Beratung im Betrieblichen Eingliederungsmanagement entwickelt wurde. / With the help of two empirical studies, the present study contributes in the research field of occupational health management (BGM) against the background of improved protection against health-related retirement of employees. The objective is, on the one hand, the devel-opment of a company early education system that, like a knowledge-based learning system, continuously provides information and trends to improve occupational safety (AUG), com-pany health promotion (BGF) and company integration management (BEM) through internal and external monitoring areas records, evaluates and provides suggestions for necessary ad-justments or incremental innovations. On the other hand, the “integrative coaching” as a consulting offer based on the “standardized help planning in the BEM” is analyzed in a com-parative case study against the background of the effective factors of coaching.

Title: The interaction between humans and machines: A case study on employee job satisfaction during the implementation of artificial intelligence in the workplace Background & problem discussion: As companies adopt new technologies, ensuring job satisfaction is a key for smooth transitions. AI revolutionizes work methods by automating tasks, enhancing efficiency, and requiring new skills. However, AI integration raises concerns about its impacts on roles and satisfaction. While boosting productivity and efficiency, AI can displace human tasks, causing fear and resistance to the new technology. Balancing efficiency with maintaining human expertise is vital, as it affects motivation and engagement in the work. Understanding AI’s impact on job satisfaction is essential, as it significantly influences employees overall experience. Purpose: The purpose of the study is to create an understanding of the employees’ job satisfaction when implementing AI technology in the workplace. Method: This study uses a qualitative research method to understand how AI implementation affects employee job satisfaction at Scania in Oskarshamn. The method focuses on gaining in-depth insights from the employees’ perspective through semi-structured interviews and observations. A case study design was chosen to analyze detailed aspects of AI use within the company. To ensure the reliability, trustworthiness and confirmation of the study, a transparent research process was followed with feedback to the participants. Findings & conclusion: The results showed that both intrinsic and extrinsic involvement were important for job satisfaction. Employees with strategic roles saw AI as an opportunity for improvement, while operational employees felt secure in the use of AI. The study emphasized the importance of fostering an inclusive work culture to ensure positive attitudes towards change and sustained job satisfaction. The conclusion provides both a practical and theoretical contribution for understanding job satisfaction when using AI-technology.

People living with HIV/AIDS have the right to be employed as long as they are physically fit to do the work. The unfortunate situation now is that in many South African workplaces employees who disclose their HIV/AIDS status or who are suspected of living with the disease face backlashes from fellow employees and sometimes even from employers. No one should be discriminated against or be prevented from being employed or dismissed from employment purely on the basis of having HIV or AIDS. Any form of discrimination against employees living with HIV/AIDS constitutes a violation of their constitutional rights to among others human dignity, equality and fair labour practices. Discrimination may take the form of pre-employment HIV testing or a dismissal due to HIV positive status. This research looks at the protection given to employees living with HIV/AIDS in the South African workplaces and whether the protection is adequate or not. / Mercantile Law / LL. M.

The protection against dismissal in the evolution of the Constitutional Court jurisprudenceThis paper is based on the analysis of the job security schemes embodied in the Constitutions of 1979 and 1993, so as to point out the evolution of the protection granted by the constitutional system against unlawful dismissal and the legal application thereof to the models of restitutory protection (reinstatement) or compensatory protection (indemnification). Then, an analysis is made with respect to the options covered in this field by the international treaties executed by Peru and the evolution of different constitutional case law. Thus, judgments in which restitutory protection was initially oriented to outlaw the dismissal that violates fundamental rights are examined, in comparison to recent rulings in which such protection is granted against unlawful dismissal, resulting in a labor stability model different from the one set forth by the 1993 Constitution. / El presente trabajo parte por analizar los esquemas de estabilidad laboral recogidos en las Constituciones de 1979 y 1993, con el fin de advertir la evolución de la protección otorgada por el ordenamiento constitucional frente al despido ilícito y su plasmación legal en modelos de tutela restitutoria (reposición) o resarcitoria (indemnización). Seguidamente, se evalúan las opciones que sobre esta materia recogen los tratados internacionales suscritos por el Perú para luego tratar la evolución de la jurisprudencia constitucional. Así, se examinan pronunciamientos en que la tutela restitutoria estuvo inicialmente orientada a proscribir el despido que agravie derechos fundamentales, para luego analizar fallos recientes en los que se concede dicha tutela frente al despido injustificado, configurándose, por esta vía, un modelo de estabilidad laboral distinto al establecido por la Constitución de 1993.

Trade unions have been in existence for many years. Although their introduction was generally met with resistance, since their establishment trade unions have been important agents of social change worldwide. Over the years, trade unions have been involved in politics and other societal activities. In South Africa, trade unions for many years not only fought for worker’s rights within the workplace but also beyond the workplace. Trade unions started as friendly societies aimed at assisting their members with various matters, including offering financial help for education purposes and also in cases of illnesses. Although the main purpose of trade unions is to regulate relations between employees and their employers, trade unions perform other functions in society which can be broadly referred to as their social responsibility role. Unlike corporate social responsibility, which is recognised and formalised, trade union social responsibility is not, with the role and importance of social responsibility for trade unions having been largely ignored. This thesis aims at changing this by investigating their core responsibilities and their social responsibilities and subsequently making recommendations on how trade unions could recognise and accommodate their social responsibilities in their activities. It also considers factors that could assist trade unions in fulfilling their social responsibilities. Trade unions generally obtain legislative support for their core responsibilities, but not their social responsibilities; however this should not obstruct trade unions in such endeavours. As modern organisations it is high time that trade unions make a contribution towards sustainable development through their social responsibility role. / Private Law / LLD

The use of temporary employment services as a means to achieve flexibility in die labour market led to various complications due to a lack of proper regulation. The atypical formation of the triangular employment relationship, limited rights and less favourable employment conditions of the temporary employees, multiple authority figures and their liabilities under various circumstances and the impact thereof on such employee’ collective bargaining rights caused legal uncertainty in the absence of sufficient legislation to govern it. Temporary employment agencies developed certain methods in order to evade the restrictive labour legislation and employer duties imposed on them, namely by making use of automatic termination clauses (resolutive conditions) and by categorising the temporary employee as an independent contractor. Last mentioned would effectively exclude the temporary employee from labour legislation and the protection it provides. In reaction to abovementioned problems, trade unions have been objecting to the use of temporary employment agencies and went as far as demanding the total ban thereof. This raised the question in the South African Government whether said agencies should indeed be banned. The other option is a less restrictive approach and entails the attempt to regulate these agencies by amending the current labour legislation in order to accommodate temporary employment services. In light of the fact that various proposals to amend the current South African labour legislation (especially with regard to temporary employment services) have been published in the Government Gazette, it can be deduced that the social partners ultimately chose to regulate temporary employment agencies rather than ban them altogether. From an early stage the International Labour Organisation (ILO) provided rules and regulations for the management of employment agencies in general by way of conventions and recommendations. In 1997, in order to give effect to the labour standards identified by it, the ILO brought the Private Employment Agencies Convention into existence. This document could be applied to all temporary employment agencies on an international level. This document provides for administrative regulations, the duties of the agency and the client as well as the rights of the temporary employees concerned. The ILO recommends that all of its member states incorporate the principles contained within this document in their own legislation. Temporary employment services are also used in other legal systems. For purposes of this study, the English law (United Kingdom (UK)) and the Namibian law will be scrutinised. Similar issues to those recognised in the South African law have been identified in these countries. However, each has approached said problems in different ways. The Namibian Government banned the conducting and provision of these services by way of legislation in 2007. The constitutionality of the ban has however been questioned by the Supreme Court of Namibia, after which it had been found to infringe upon the fundamental freedom to carry on any business, trade or occupation. The ban was struck down as unconstitutional. The Namibian Government has since promulgated new legislation in which it removed the ban and replaced it with numerous amendments providing for the regulation of temporary employment services. Since 1973 the UK has been promulgating various instruments for the thorough regulation of temporary employment agencies. These instruments provide for the management of temporary employment agencies and the rights of the employees involved. The relevant legislative instruments have been updated regularly with the purpose of ensuring that the needs of all the parties concerned are met. The UK, as a member state of the European Union (EU), (which has also been providing for the regulation of temporary employment services in various directives), promulgated legislation specifically with the aim to give effect to the principles in the mentioned directives. By way of doctrines and the creation of a third category ―worker‖ the UK has been attempting to prevent any loopholes in their legal system with regard to temporary employment services and the rights of the employees involved. The aim of this study is to investigate all the important complications experienced with temporary employment agencies in order to indicate the impact the atypical circumstances have on the rights of the temporary employees. The degree to which, if at all, the South African law complies with the preferred labour standards identified by the ILO will be pointed out. A comparative study will be conducted, first by ascertaining in detail how the comparable issues in the UK and Namibian law are dealt with, and second by identifying which aspects in these legal systems could be of value to the South African law. Finally the potential effectiveness of the proposed amendments to the South African labour legislation will be analysed, during which recommendations for the unresolved issues will be provided. The recommendations are mainly aimed at achieving sufficient rights and legal certainty for the temporary employees associated with temporary employment agencies. / Thesis (PhD (Law))--North-West University, Potchefstroom Campus, 2013.

The use of temporary employment services as a means to achieve flexibility in die labour market led to various complications due to a lack of proper regulation. The atypical formation of the triangular employment relationship, limited rights and less favourable employment conditions of the temporary employees, multiple authority figures and their liabilities under various circumstances and the impact thereof on such employee’ collective bargaining rights caused legal uncertainty in the absence of sufficient legislation to govern it. Temporary employment agencies developed certain methods in order to evade the restrictive labour legislation and employer duties imposed on them, namely by making use of automatic termination clauses (resolutive conditions) and by categorising the temporary employee as an independent contractor. Last mentioned would effectively exclude the temporary employee from labour legislation and the protection it provides. In reaction to abovementioned problems, trade unions have been objecting to the use of temporary employment agencies and went as far as demanding the total ban thereof. This raised the question in the South African Government whether said agencies should indeed be banned. The other option is a less restrictive approach and entails the attempt to regulate these agencies by amending the current labour legislation in order to accommodate temporary employment services. In light of the fact that various proposals to amend the current South African labour legislation (especially with regard to temporary employment services) have been published in the Government Gazette, it can be deduced that the social partners ultimately chose to regulate temporary employment agencies rather than ban them altogether. From an early stage the International Labour Organisation (ILO) provided rules and regulations for the management of employment agencies in general by way of conventions and recommendations. In 1997, in order to give effect to the labour standards identified by it, the ILO brought the Private Employment Agencies Convention into existence. This document could be applied to all temporary employment agencies on an international level. This document provides for administrative regulations, the duties of the agency and the client as well as the rights of the temporary employees concerned. The ILO recommends that all of its member states incorporate the principles contained within this document in their own legislation. Temporary employment services are also used in other legal systems. For purposes of this study, the English law (United Kingdom (UK)) and the Namibian law will be scrutinised. Similar issues to those recognised in the South African law have been identified in these countries. However, each has approached said problems in different ways. The Namibian Government banned the conducting and provision of these services by way of legislation in 2007. The constitutionality of the ban has however been questioned by the Supreme Court of Namibia, after which it had been found to infringe upon the fundamental freedom to carry on any business, trade or occupation. The ban was struck down as unconstitutional. The Namibian Government has since promulgated new legislation in which it removed the ban and replaced it with numerous amendments providing for the regulation of temporary employment services. Since 1973 the UK has been promulgating various instruments for the thorough regulation of temporary employment agencies. These instruments provide for the management of temporary employment agencies and the rights of the employees involved. The relevant legislative instruments have been updated regularly with the purpose of ensuring that the needs of all the parties concerned are met. The UK, as a member state of the European Union (EU), (which has also been providing for the regulation of temporary employment services in various directives), promulgated legislation specifically with the aim to give effect to the principles in the mentioned directives. By way of doctrines and the creation of a third category ―worker‖ the UK has been attempting to prevent any loopholes in their legal system with regard to temporary employment services and the rights of the employees involved. The aim of this study is to investigate all the important complications experienced with temporary employment agencies in order to indicate the impact the atypical circumstances have on the rights of the temporary employees. The degree to which, if at all, the South African law complies with the preferred labour standards identified by the ILO will be pointed out. A comparative study will be conducted, first by ascertaining in detail how the comparable issues in the UK and Namibian law are dealt with, and second by identifying which aspects in these legal systems could be of value to the South African law. Finally the potential effectiveness of the proposed amendments to the South African labour legislation will be analysed, during which recommendations for the unresolved issues will be provided. The recommendations are mainly aimed at achieving sufficient rights and legal certainty for the temporary employees associated with temporary employment agencies. / Thesis (PhD (Law))--North-West University, Potchefstroom Campus, 2013.

Trade unions have been in existence for many years. Although their introduction was generally met with resistance, since their establishment trade unions have been important agents of social change worldwide. Over the years, trade unions have been involved in politics and other societal activities. In South Africa, trade unions for many years not only fought for worker’s rights within the workplace but also beyond the workplace. Trade unions started as friendly societies aimed at assisting their members with various matters, including offering financial help for education purposes and also in cases of illnesses. Although the main purpose of trade unions is to regulate relations between employees and their employers, trade unions perform other functions in society which can be broadly referred to as their social responsibility role. Unlike corporate social responsibility, which is recognised and formalised, trade union social responsibility is not, with the role and importance of social responsibility for trade unions having been largely ignored. This thesis aims at changing this by investigating their core responsibilities and their social responsibilities and subsequently making recommendations on how trade unions could recognise and accommodate their social responsibilities in their activities. It also considers factors that could assist trade unions in fulfilling their social responsibilities. Trade unions generally obtain legislative support for their core responsibilities, but not their social responsibilities; however this should not obstruct trade unions in such endeavours. As modern organisations it is high time that trade unions make a contribution towards sustainable development through their social responsibility role. / Private Law / LLD