This paper is about a current Collective Labour Law matter of debate, which is the provenance of the extension of collective labour agreements of minority unions in favor of the non-unionized workers. To start, the authors point the constitutional basis of the Collective Labour Law.Likewise, they refer that exists a strong dualism regarding the acceptance of the extension of the collective agreements signed by a minority union. They arrive to this conclusion after reviewing some of the Peruvian Labour case law, as well as some administrative pronouncements on this field. Finally, they conclude saying that is possible that the collective agreement it be extended, provided that the right of union freedom is not affected. / El presente trabajo versa sobre un tema de debate en la actualidad del Derecho Colectivo del Trabajo, el cual es la procedencia de la extensión de convenios colectivos de trabajo de sindicatos minoritarios a favor de trabajadores no sindicalizados. Para empezar, los autores señalan la base constitucional del Derecho Colectivo del Trabajo. Asimismo, indican que existe mucho dualismo entorno a la aceptación de la extensión de los convenios colectivos suscritos por un sindicato minoritario. Llegan a esa conclusión luego de haber revisado unos casos de la jurisprudencia laboral peruana, así como de pronunciamientos administrativos sobre el tema.Finalmente, concluyen que es factible que se extienda el convenio colectivo, siempre y cuando no se vulnere el derecho de libertad sindical.

Le Code du travail, pièce maîtresse du droit des rapports collectifs du travail au Québec, ne reconnaît pas l’accréditation multipatronale et érige certains obstacles aux négociations collectives multipatronales. Au tournant des années 2000, la Cour suprême du Canada (ci-après « Cour suprême ») a élargi l’interprétation donnée à la liberté d’association prévue à l’alinéa 2d) de la Charte canadienne des droits et libertés (ci-après « Charte canadienne »). Cette dernière protège désormais, dans une certaine mesure, les droits fondamentaux d’association, de négociation collective et de grève. Dans ce mémoire, l’auteure évaluera s’il est possible de remettre en question la légalité de l’interdiction de l’accréditation multipatronale, un postulat implicite sur lequel repose le Code du travail, par une contestation de sa validité constitutionnelle. Pour ce faire, l’auteure tracera un bref portrait historique et sociologique des rapports collectifs du travail pour mieux situer la question, exposera l’état du droit en matière d’accréditation multipatronale, fera un tour d’horizon de la littérature portant sur les insuffisances du modèle de relations industrielles actuel en rapport à l’accréditation multipatronale et résumera l’interprétation donnée à la liberté d’association par la Cour suprême. Ensuite, à partir d’un cas hypothétique, et en se basant sur le cadre analytique développé par la Cour suprême dans la trilogie de 2015, l’auteure analysera l’histoire des relations de travail au Canada, la portée du droit garanti par l’alinéa 2d), les valeurs inhérentes à la Charte canadienne et le droit international du travail pour tenter de construire un argumentaire autour de l’existence d’une entrave substantielle au droit à un processus véritable de négociation collective et, le cas échéant, d’évaluer si la violation est justifiée en vertu de l’article premier de la Charte canadienne. / The Labour Code does not recognize multi-employer certification and erects certain obstacles to multi-employer collective bargaining. At the turn of the 2000s, the Supreme Court of Canada (the « Supreme Court ») broadened the interpretation given to the freedom of association under section 2(d) of the Canadian Charter of Rights and Freedoms (the« Canadian Charter »). The latter now protects, to a certain extent, the fundamental rights of association, the right to bargain collectively and the right to strike. In this thesis, the author will assess whether it is possible to question the legality of the prohibition of multi-employer accreditation by challenging its constitutional validity. In order to answer this question, the author will briefly study historical and sociological aspects of labour relations, present the state of the law concerning multi-employer certification, provide an overview of the literature regarding the insufficiencies of the industrial relations model in relation to multi-employer certification and summarize the interpretation given by the Supreme Court to freedom of association. Then, based on a hypothetical case and the analytical framework developed by the Supreme Court in the 2015 trilogy, the author will analyze the history of labour relations in Canada, the scope of the right guaranteed under section 2(d), the underlying values of the freedom of association and the international labour law in an attempt to build an argument around the existence of a substantial interference with collective bargaining and, where applicable, to assess whether the violation is justified under section 1 of the Canadian Charter.

Today, the temporary agency work is a well-established industry in the Swedish labour market. The industry has grown every year since the start 1992 and seemingly, the legislation has not kept up with its’ pace. The reason behind the growth of temporary agency work is their clients impulsion for flexibility as well as making their organisation more efficient. Employers organizations argue that the ability to be flexible is a tool to increase economic growth in the society while the unions argue that the temporary agency workers are paying the price with insecure employment-contracts. The line between cancelation of employment due to redundancy and dismissal due to personal reasons is unclear, with disadvantages to the employment protection, through this triangular relationship between the temporary agency work, user company and the employee. The question is if the goal justifies the means. The purpose of this thesis is to investigate how the temporary agency work-industry is affecting the temporary agency workers employment protection, in addition, the thesis will investigate which legal impacts the legislation is creating in a diversity perspective. In order to answer the research questions properly, a traditional legal dogmatic method has been used as well as legal sociological perspective.

The lack of respect for authority and discipline of teachers on the part of the learners is a factor contributing to low morale and sense of neglected status to teachers. These factors prevent true realisation of the idealism with which educators initially entered the profession, as they are faced with the realities in schools. The need for security and geborgenheit lay the foundation for security in the workplace of educators. The need for physical safety is described in this dissertation on the basis of contextual and theoretical frameworks, to a better understanding of teachers' insecurities. The need to experience geborgenheit appeals to the discipline of Education Law, which focuses inter alia on psychological security through an analysis of legal sources. It contributes to achieve the overall objective of this study, namely to determine the perceptions of educators regarding the impact of student misconduct on their security. Several factors, namely school-related factors, labour law factors as well as society related factors that learners come into contact with every day, contributes to misconduct by some learners. It therefore compels all stakeholders in education to become involved in the education of the students and not to perceive education as a "one-man job". From an employment perspective, the promotion of a safe environment, where learners and educators experience geborgenheit, a prerequisite for their physical and psychological security. This will contribute to the holistic performance of the educational task by the teacher for the benefit of the learners. / MEd (Education Law), North-West University, Potchefstroom Campus, 2013

The lack of respect for authority and discipline of teachers on the part of the learners is a factor contributing to low morale and sense of neglected status to teachers. These factors prevent true realisation of the idealism with which educators initially entered the profession, as they are faced with the realities in schools. The need for security and geborgenheit lay the foundation for security in the workplace of educators. The need for physical safety is described in this dissertation on the basis of contextual and theoretical frameworks, to a better understanding of teachers' insecurities. The need to experience geborgenheit appeals to the discipline of Education Law, which focuses inter alia on psychological security through an analysis of legal sources. It contributes to achieve the overall objective of this study, namely to determine the perceptions of educators regarding the impact of student misconduct on their security. Several factors, namely school-related factors, labour law factors as well as society related factors that learners come into contact with every day, contributes to misconduct by some learners. It therefore compels all stakeholders in education to become involved in the education of the students and not to perceive education as a "one-man job". From an employment perspective, the promotion of a safe environment, where learners and educators experience geborgenheit, a prerequisite for their physical and psychological security. This will contribute to the holistic performance of the educational task by the teacher for the benefit of the learners. / MEd (Education Law), North-West University, Potchefstroom Campus, 2013

<p>This thesis explored the impact that Sectoral Determination 1: Contract Cleaning Sector, South Africa had on the growth of small, medium and micro enterprises (SMMEs) in the sector. It critically examined the prevailing perception in industry, that labour legislation has a negative impact on the growth of SMMEs, and, evaluates the South African government's response to this perception.</p>

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Legal regulation of employment and security against unemployment in the Czech Republic The issues connected with unemployment deserve big amount of attention, because they can cause some serious problems in the society. This thesis is aimed to analyse legal regulation of employment and security against unemployment in the Czech Republic. Within the process of its creation I have also worked with various legal instruments and commented on their functionality. The thesis is composed of nine chapters. Chapter one characterises right to work and right to employment and explains the difference between these terms. In this chapter I have also widely dealt with international legal documents, which contain right to work. Chapter two focuses on unemployment, its kinds, rate and development over past few decades in the Czech Republic. I have emphasised the consequences of unemployment on individuals and society. Chapter three briefly summarizes conception and functions of labour law and then focuses on goals of state employment policy in the Czech Republic and entities, which participate in its execution. Chapter four deals with arrangement of employment by Labour office and labour agencies. It emphasizes obligations that applicant for a job has to fulfil to use this service. In this chapter I have also tried to...

57 Abstract Agreements to Work Outside the Scope of Employment The present thesis deals with the topic of agreements to work outside the scope of employment, an institute of the Czech Labour Law which constitutes, along with the employment agreement, one of the basic labour law relations. The aim of the thesis was to present and describe the institute of the agreements to work outside the scope of employment in order to determine their place within the Czech labour law and whether they are still a useful form of employment. The thesis is divided into seven parts. The first part deals with the general theme of labour law relations, with the relation of labour law to civil law as well as with the public law limitations of contractual freedom in labour law relations. The second part of the thesis concerns the history of the agreements to work outside the scope of employment and the changes the institute went through since its introduction to the Czechoslovak and later Czech law. This part further focuses on the compliance of the agreements to work outside the scope of employment with the European labour law. The third part of the thesis serves to approach the contents of the institutes of dependent work and employment agreement, in order to better distinguish and compare the agreements to work outside the...

TITLE: Non-Competition Clause AUTHOR: Jan Rozner DEPARTMENT: Department of Labor Law and Social Security Law SUPERVISOR: doc. JUDr. Jan Pichrt, Ph.D. ABSTRACT: This thesis provides a comprehensive overview of the Labour Law Institute Non-Competition Clause. The thesis is written on the basis of the case law and numerous specialized literature relevant to the legal provisions. Due to clear developement trends, one chapter is devoted to the history of Non-Competition Clause. De lege lata the Non-Competititon Clause is generally successfully and comprehensively regulated in Act No. 262/2006 Coll., the Labour Code, although the Non-Competition Clause remains a heavily debated topic among members of the professional public. Published opinions are analyzed and assessed, including the context of the foreign legislation relevant to the Non-Competition Clause. In closing, I propose a course of action inspired by foreign Non-Competition Clause regulation, specifically that of Sweden, in terms of the de lege ferenda. KEYWORDS: labour law, non-competition clause, ban of competition, termination of an employment