No description available.

Submitted by Renata Lopes (renatasil82@gmail.com) on 2016-02-19T10:05:33Z No. of bitstreams: 1 thaismayrinkxavierpassos.pdf: 629242 bytes, checksum: a4977f2b4a6dc46d35858af54ffd34e7 (MD5) / Approved for entry into archive by Adriana Oliveira (adriana.oliveira@ufjf.edu.br) on 2016-02-26T13:34:54Z (GMT) No. of bitstreams: 1 thaismayrinkxavierpassos.pdf: 629242 bytes, checksum: a4977f2b4a6dc46d35858af54ffd34e7 (MD5) / Made available in DSpace on 2016-02-26T13:34:54Z (GMT). No. of bitstreams: 1 thaismayrinkxavierpassos.pdf: 629242 bytes, checksum: a4977f2b4a6dc46d35858af54ffd34e7 (MD5) Previous issue date: 2014-04-10 / CAPES - Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / Este estudo busca elaborar uma análise sobre o pensamento do jurista e sociólogo Oliveira Vianna, abordando as principais ideias defendidas em suas obras para, então, considerar o período em que atuou como Consultor Jurídico do Ministério do Trabalho do governo Vargas, identificando sua influência sobre a legislação trabalhista e sindical recém-elaborada, demonstrando, ainda, os problemas enfrentados por Vianna com a classe patronal e que culminou com sua saída do referido Ministério. Com essas informações, o objetivo central do presente trabalho será avaliar a natureza de permeabilidade da Consolidação das Leis do Trabalho, tendo como ponto de questionamento a existência e atuação das Convenções Coletivas, dotadas ambas de objetivos similares, atuando inicialmente de maneira complementar para, então, após o alcance da preparação social para implantação de institutos corporativos, ter a CLT sua existência relativizada. / This study aims to develop an analysis of the thought of the jurist and sociologist Oliveira Vianna, addressing main ideas defended in his works to then consider the period in which he served as Legal Counselor of the Labor Ministry in the Vargas government, identifying its influence on lab and syndical laws newly developed, also demonstrating the problems faced by Vianna with the employer class and that culminated in his departure from this Ministry. With this information, the central objective of this study is to evaluate the nature of permeability of the Consolidation of Labor Laws, taking as a point of questioning the existence and activity of the Collective Conventions, both endowed with similar objectives, initially acting in a complementary way to then, after reaching social preparation for implementation of corporate institutes, have the CLT their existence relativized.

LL.M. (International Commercial Law) / “It is in this very context of employment relationships which have a cross-border dimension that conflict of law between individual legislative systems in the area of employment law raise complex questions of law. One of the consequences of this is that they often present the courts … which are called upon to determine the law applicable to an employment contract with considerable problems. Alongside the customary difficulties associated with interpreting the employment contract comes the uncertainty as to what the best approach is to determining the applicable law. These difficulties in judicial practice are on the increase as it becomes more common for workers to be posted, more EU citizens avail themselves of the freedom of movement for workers and more undertakings enter into relationships with firms overseas or operate places of business in other countries. The – temporary or indefinite – posting of large numbers of employees has become an important aspect of international economic relations, not only within the European internal market but, more generally, throughout the world. It is for that very reason that there is an urgent need for conflict of law rules which offer the contracting parties foreseeable solutions to the numerous problems that affect employment relationships...”Like Advocate General Trstenjak, South African writers are not ignorant of the complications that international contracts of employment bring. As correctly pointed out by Calitz, globalisation has resulted in many South African employees increasingly working for South African employers outside of South Africa and the determination of any disputes that may arise in these unique employment relationships requires the application of conflict of laws. This is problematic and the present author submits that there is a lacuna in South African private international law in respect of employment contracts involving a foreign element. A number of factors have contributed to this gap in South African private international law, namely the infrequency with which judges in South African courts have been called upon to determine such issues.

Work is a key component of people's lives and most people aspire to have work that is sufficient to provide a living wage so as to lift them out of poverty and social exclusion and also that is secure enough to guarantee a decent livelihood. The Decent Work Agenda has gained much popularity in recent years and proposes an approach to development that emphasizes fair and sustainable working opportunities that include principles of rights at work, social protection and social dialogue. Various issues have been raised in this study. Firstly, the decent work concept needs to be understood comprehensively as there is misconception about what the concept implies and what it can achieve. Secondly, it is acknowledged that there are huge decent work deficits in South Africa especially in the informal sector which impede on the advancement of people‟s conditions of living, cause people to live lives of poverty as well as deprive people of a life of dignity. This is despite decent work having a solid basis in labour legislation and also South Africa being bound by international law and principles concerning decent work. The study observes that reform in labour legislation is recommended to help overcome the decent work deficits. The ILO has proposed the Decent Work Country Programmes to help countries align their economic development goals with the international goal of the achievement of Decent Work for all. South Africa also has its own solutions such as the New Growth Path as well as other policies. The main issue however is how these policies can be implemented effectively and how decent work can be achieved against a backdrop of the socio – economic challenges that South Africa faces.

This study analyzes the impact of the political changes on labor unions in Egypt in the period from 1960 to 1967. In 1960-1961 Egypt became a socialist country with one political party, the Arab Socialist Union. As a result of that development in the political arena, a wave of socialist laws were introduced by the government, affecting not only the labor unions' traditional functions, but also the industrial relations system in general. The study came to the following conclusions. 1. The role of the labor unions in the industrial relations system and especially in formulating the socialist laws was minimized in Egypt in the 1960-1967 period. 2. From an economic point of view, the socialist laws in the 1960-1967 period had restrained economic development process by reducing savings, not supplying the economy with skilled productive workers, causing inflation, and the wage structure did not work as an incentive system to stimulate productivity. 3. The socialist laws did not achieve any of their expected objectives partly because no one except the government was involved in these laws' formulation and implementation. 4. Except for the small increase in wages, the average worker did not achieve any tangible benefits that could improve his economic and social status. 5. The existence of political control over labor unions and over the industrial relations system will continue and persist as long as labor unions do not have effective leadership and as long as there is no political opposition to the government.

Thesis (LLM) North-West University, Mafikeng Campus, 2005

no abstract available / Jurisprudence / M.A. (Spesialisering in Arbeidsreg)

No description available.

published_or_final_version / Economics and Finance / Master / Master of Economics

Submitted in accordance with the requirement for the degree of Doctor of Philosophy in Business Administration at the University of the Witwatersrand Johannesburg March 2016 / The principal aim of this study is to analyse how the three (3) labour legislations, namely, (a) the Labour Relations Act 66 of 1995, (b) the Basic Conditions of Employment Act 75 of 1997 and (c) the Employment Equity Act 55 of 1998 influence the growth, management and governance of small enterprises in Gauteng Province of South Africa. This research also investigates if the complete exclusion, selective exclusion or parallel application of the above three labour legislations will help in the management, growth and good governance of small enterprises in Gauteng Province. In addition to the above issues, this research also investigates how disputes are resolved in small enterprises. Furthermore, this research investigates the issue of organisational rights in small enterprises.To investigate all the above issues, the researcher used both qualitative and quantitative research techniques and both techniques were quite useful in the data analysis.The inference that was drawn from the data analysis is that application of the three (3) labour legislations in terms of complete exclusion, selective exclusion and parallel application of the three labour legislations is very important for the growth, management and good governance of small enterprises and this is fully discussed in the thesis. The analysis of the research data indicates that small enterprises cannot benefit from the organisational rights entrenched in the Labour Relation Act of 1995 and the reasons for this are discussed in the thesis. This research also found that small enterprises cannot resolve their disputes efficiently through the current process of dispute resolution as stipulated in Section 135 of the LRA. The reasons why small enterprises find it difficult to follow the process is discussed in the thesis. The recommendations in this thesis, attempt to offer solutions to the identified problems. / MB2016