Droit du travail et sûreté. Le sujet étonne. Les liens entre les disciplines n’ont pas la force de l’évidence. Ils sont pourtant naturels. Le droit du travail fait naître un rapport de créance entre un salarié et son employeur. La finalité du droit des sûretés est de garantir un rapport de créance. Le lien est même nécessaire. Le rapport de subordination juridique occulte en pratique le rapport d’obligation. Le salarié créancier est en position de faiblesse vis-à-vis de son employeur débiteur. Le législateur percevant le problème a créé le privilège général des salaires, puis le super-privilège et enfin l’AGS. Ces instruments juridiques sont considérés comme le système de garantie de paiement des créances salariales par la majorité de la doctrine travailliste et civiliste. L’analyse du régime juridique de ce tryptique montre cependant son inaptitude à garantir pleinement le paiement des créances salariales. Ce but est pourtant essentiel. Il est de l’essence du travail subordonné que le risque d’entreprise ne pèse pas sur le salarié. Il donc nécessaire d’identifier des sûretés alternatives aptes à éviter ou diminuer ce risque. Cette démarche est délicate. Ni le droit du travail, ni le droit civil ne définissent la notion de sûreté. Il faut donc se référer à la doctrine civiliste qui en possède une vision plurivoque. Mais, pour différentes raisons, ces définitions présentent de nombreux défauts et sont globalement inadaptées à un domaine d’analyse comme le droit du travail. La solution est d’élaborer une définition des sûretés palliant les problèmes de cohérence et d’adéquation susmentionnés. Ceci conduira à proposer une identification pragmatique et réaliste des sûretés en droit du travail. Il reste alors à étudier le régime juridique des sûretés ainsi identifiées. Il s’agit d’analyser dans quelles conditions et situations ces sûretés peuvent contribuer à l’objectif d’amélioration du paiement des créances salariales. Le constat sera plutôt mitigé. Les sûretés nouvellement identifiées sont inaptes à compléter significativement la protection offerte aux salariés par l’entremise du tryptique privilège général-super-privilège-AGS. Elles le peuvent cependant efficacement dans certaines situations précises et spécifiques. Du reste, des changements simples et cohérents du régime juridique de certaines sûretés pourraient améliorer ce constat. / Labour Law and Security Law. Such a subject my startles at first as the links binding these disciplines are not self-explanatory. Yet those links are natural. When Labour Law applies it produces a debt between the employee and his employer. The objective of Security Law is to guaranty a debt relationship. Hence the links binding these disciples are indispensable. The existence of a subordinate relationship between the parties tends to hide the set of obligations that bind them. The employee-creditor is therefore in a posture of weakness towards the employer that owes him a debt. The lawmaker being alive to this problem created the salary’s general preference scheme, then the super-preference and, finally, the AGS. These legal instruments are considered by most common law and Labour Law scholars as constituting the debt of salary (payment) guaranty scheme. Nevertheless, the study of these three mechanisms reveals their inaptitude at successfully insuring the full payment of the employee’s credit. Yet this objective is paramount. It is in the essence of subordinate labour not to make the risks of business undertaking weigh on the shoulders of the employees. It is therefore necessary to identify alternative guarantees that will be successful at reducing this risk. But this undertaking is tricky. Neither Labour Law nor Common Law define the notion of Security. It will therefore be required to refer to the vision Common Law scholars have of Security because it is equivocal. Yet, for a number of reasons, these definitions present many faults and are globally not adapted to the field of Labour Law. The solution will hence be to elaborate a definition of Security that compensates these issues of cohesion and adequacy. This will lead to the proposition of a pragmatic and realistic identification of all securities used in Labour Law. The next step will be to analyse the legal framework applicable to the securities that have been identified. The idea is to figure out what would be the conditions and contexts required for these securities to participate in the greater goal which is to improve the payment of the credit employees have against their employers. The findings are rather uncertain. The newly identified securities fail to significantly complete the protection afforded to employees by the tryptic: general preference – super-preference – AGS. They can nevertheless fulfil their goal in very specific situations. For the remainder, simple and coherent changes to the legal framework of these securities could help improve this result.

Thesis (M. Dev.) -- University of Limpopo, 2016 / In attacking poverty in post-apartheid South Africa, the country’s new government adopted a multiple approach focusing on building institutions and organisations on a macro regional and local level, levels to facilitate growth, reconstruction and social upliftment. In its effort to alleviate poverty and inequality, the Government of South Africa introduced a social security system. In an endeavour to address the deficiencies surrounding this system, the government has established a number of mechanisms. In order to distribute these grants to the right people in the right place, the government formed the South African Social Security Agency (SASSA). The research problem was, therefore, to find out how the management and administration of social security by SASSA is enhancing or retarding access to the services for which the agency was established to render. The aim of this study was to assess how the management and administration of the social security system impact on the accessibility of social services by those who require them. In order to achieve the aim of this study, the following objectives were addressed: how social security is managed in the Limpopo Province; to assess the impact of the management of the system on access to services; to identify possible strategies that could enhance access to social security services; and to provide recommendations based on the literature and research findings. The findings of this study was that the administration system of the South African grant system has been somewhat cumbersome for both the applicant and the administrator because the forms used for most grants are detailed and often quite technical. Furthermore, it was established that were service delivery challenges of severe staff shortages at critical operational levels where grant applications are processed and infrastructural challenges such as insufficient office space (too many staff members in a specific office) and insufficient or no connectivity at certain service delivery points. These are all organisational challenges that SASSA is facing. This research recommend that the Limpopo regional office must not only be responsible for giving information about newly enrolled recipients to the SASSA national office but the regional office should be able to complete the whole process within its offices without passing it on to the national office The research also recommends that a Monitoring and Evaluation unit must be established in regional offices. This unit will assist the management and administration of social grants in particular with improving services. This unit will visit different SASSA offices in the local municipalities on a regular basis in order to evaluate the performance of those particular offices. This will help to monitor the service delivery to the beneficiaries. Lastly, SASSA should do more research and development in consultation academic institutions or by structure within SASSA offices

The purpose of this essay is to analyze and determine if the National Security Law implemented in Hong Kong is in contradiction or in accordances with John Stuart Mill’s four grounds of free speech. What contradictions or accordances can be found between the law and the four grounds of free speech? The theoretical background for this essay consists of information about the relation between Hong Kong and China, the law and its contents, definition of the four grounds of free speech and the protection of free speech in other forms. A qualitative content analysis was done with the use of a systemic analysis to achieve the purpose. The findings where categorized according to the four grounds of free speech. The essay concludes that all the four grounds are contested. This is due to the law granting the government of Hong Kong and its various bodies additional power to control and supervise what is spoken and written. One instance of accordance was found between the law and the four grounds. Furthermore, the right to freedom of speech will diminish on various levels across the region of Hong Kong and the criminalization of an opinion has effectively been instated by the law.

The content of this thesis is a proposal of methodology for evaluating company's performance in areas of information security, while their performance will be judged based on compliance with standard ISO/IEC 27001:2013, Act no. 181/2014 Coll., Regulation 2016/679 of European Parliament and Directive 2016/1148 of the European Parliament. The proposal of this methodology is designed in a particular company which operates in the Czech Republic.

No description available.

No description available.

This study examines the effects of SEC office change on regulatory oversight and firms' reporting quality. Firms are assigned to the SEC's filing review offices. However, the SEC regularly change office assignment for firms in some industries. I find that SEC oversight on newly assigned firms will be more intense. Firms are more likely to receive comment letters and there are more accountants on the filing review team. Then I provide evidence that firms improve their reporting quality after office change. Firms' financial reports are less likely to be restated and more readable. The effects start in the first year of office change and are stronger for firms with long office tenure. The SEC is more likely to be involved in newly assigned firms' restatements and asks fewer questions about severe issues in the comment letter. Overall, the results suggest that office change brings a "fresh look" benefit and leads to an increase in the intensity of SEC oversight. Firms improve their reporting quality by anticipating the increase.

University of Macau / Faculty of Law

This thesis examines the emergent legal concept of digital identity under the United Kingdom National Identity Scheme ('NIS') and its Australian counterpart, the Access Card Scheme('ACS') proposed in 2007. The Identity Cards Act 2006 UK c 15 ('Identity Cards Act’) and the Human Services (Enhanced Service Delivery) Bill (Cth) 2007 ('Access Card Bill') reveal a remarkably similar concept of identity in terms of its constitution and especially its functions. The United Kingdom scheme is currently being established, whereas the proposed Australian Scheme has been shelved following a change of government late in 2007. The NIS is therefore used as the model for this study but the analysis applies to any such scheme based on digital technology, including the ACS, should it be resurrected. The emergent concept of digital identity which is the subject of this thesis arises from legislation. It is a legal construct which consists of a collection of information that is stored and transmitted in digital form, and which has specific functions under the identity scheme. In this study, the information recorded about an individual for an identity scheme is referred to as an individual's 'database identity.' Database identity consists of information prescribed by legislation. Collectively, that information comprises an individual's registered identity. Under the United Kingdom scheme, it includes an individual's name/s, gender, date and place of birth and date of death, photograph, signature and biometrics, and other information such as citizenship and residential status including residential address/es, nationality, identity card number, passport number, work permit number, driver‘s licence number, and administrative information such as security and verification details. Within database identity is a small subset of information which is an individual‘s transactional identity, that is, an individual‘s identity for transactional purposes. In this study, that subset of database identity is called an individual‘s 'token identity'. Under the NIS, token identity consists of name, gender, date and place of birth, date of death and biometrics. Token identity is the gateway to the other information which makes up database identity and token identity has specific functions at the time of a transaction which give it legal character. In effect, it operates as the individual‘s transactional 'key.' Presentation of the required token identity at the time of the transaction enables the system to recognise, and to deal with, the registered identity. This thesis is therefore not about identity in the deep philosophical sense of 'who am I?' or 'what makes me, me?' It is about a legal concept of individual identity for specific purposes under a national identity scheme. In many ways, though, the concept of digital identity which is the subject of this thesis is just as important in a modern legal context. Under a national identity scheme, the response to the question 'who am I? ' is 'you are who the scheme (and in particular, the National Identity Register ('NIR')) says you are.' As the first conceptual legal analysis of identity in a transactional context, this thesis examines the functions and legal nature of database identity, and particularly token identity. Token identity has specific functions at the time of a transaction which are analysed from a legal perspective to determine whether token identity is a form of legal personality. This thesis also contends that individual personal and proprietary rights necessarily apply as a result of the functions and legal nature of this emergent concept of identity. In addition to the well- recognised right to privacy, this thesis argues that the concept gives rise to the right to identity which has been overlooked in this context. For the first time, identity as a legal concept is distinguished from privacy which is the focus of legal scholarship and jurisprudence in this area. The right to identity is contrasted with the right to privacy and the protection afforded by the right to identity in this context by those human rights in the United Kingdom is considered. The protection afforded to an individual in the United Kingdom is contrasted with the situation in Australia which does not currently have a comprehensive national human rights charter. In view of the limited protection which is currently provided to token identity by the civil law, the protection provided by the criminal law in both the United Kingdom and Australia becomes particularly significant in considering the obligations and rights which arise under the scheme. The adequacy of the criminal law in addressing the nature and consequences of the dishonest use by a person of another person‘s identity information is therefore also examined. Identity theft is defined and distinguished from identity fraud, having regard to the emergent concept of digital identity and the wrong and the harm caused by its misuse. In particular, the nature of token identity is examined and the consequences of its misuse by another person are considered in determining whether token identity is property which is capable of being the subject of theft and criminal damage. The thesis concludes by summarising the major insights provided by chapters 1-6 with a view to the future when national identity schemes like that of the United Kingdom, and indeed international schemes, will be commonplace and token identity routinely required for most commercial transactions. In that environment, being asked to provide one‘s token identity is likely to be as common and as routine as being asked one's name. / Thesis (Ph.D.) -- University of Adelaide, Law School, 2009

This thesis examines the emergent legal concept of digital identity under the United Kingdom National Identity Scheme ('NIS') and its Australian counterpart, the Access Card Scheme('ACS') proposed in 2007. The Identity Cards Act 2006 UK c 15 ('Identity Cards Act’) and the Human Services (Enhanced Service Delivery) Bill (Cth) 2007 ('Access Card Bill') reveal a remarkably similar concept of identity in terms of its constitution and especially its functions. The United Kingdom scheme is currently being established, whereas the proposed Australian Scheme has been shelved following a change of government late in 2007. The NIS is therefore used as the model for this study but the analysis applies to any such scheme based on digital technology, including the ACS, should it be resurrected. The emergent concept of digital identity which is the subject of this thesis arises from legislation. It is a legal construct which consists of a collection of information that is stored and transmitted in digital form, and which has specific functions under the identity scheme. In this study, the information recorded about an individual for an identity scheme is referred to as an individual's 'database identity.' Database identity consists of information prescribed by legislation. Collectively, that information comprises an individual's registered identity. Under the United Kingdom scheme, it includes an individual's name/s, gender, date and place of birth and date of death, photograph, signature and biometrics, and other information such as citizenship and residential status including residential address/es, nationality, identity card number, passport number, work permit number, driver‘s licence number, and administrative information such as security and verification details. Within database identity is a small subset of information which is an individual‘s transactional identity, that is, an individual‘s identity for transactional purposes. In this study, that subset of database identity is called an individual‘s 'token identity'. Under the NIS, token identity consists of name, gender, date and place of birth, date of death and biometrics. Token identity is the gateway to the other information which makes up database identity and token identity has specific functions at the time of a transaction which give it legal character. In effect, it operates as the individual‘s transactional 'key.' Presentation of the required token identity at the time of the transaction enables the system to recognise, and to deal with, the registered identity. This thesis is therefore not about identity in the deep philosophical sense of 'who am I?' or 'what makes me, me?' It is about a legal concept of individual identity for specific purposes under a national identity scheme. In many ways, though, the concept of digital identity which is the subject of this thesis is just as important in a modern legal context. Under a national identity scheme, the response to the question 'who am I? ' is 'you are who the scheme (and in particular, the National Identity Register ('NIR')) says you are.' As the first conceptual legal analysis of identity in a transactional context, this thesis examines the functions and legal nature of database identity, and particularly token identity. Token identity has specific functions at the time of a transaction which are analysed from a legal perspective to determine whether token identity is a form of legal personality. This thesis also contends that individual personal and proprietary rights necessarily apply as a result of the functions and legal nature of this emergent concept of identity. In addition to the well- recognised right to privacy, this thesis argues that the concept gives rise to the right to identity which has been overlooked in this context. For the first time, identity as a legal concept is distinguished from privacy which is the focus of legal scholarship and jurisprudence in this area. The right to identity is contrasted with the right to privacy and the protection afforded by the right to identity in this context by those human rights in the United Kingdom is considered. The protection afforded to an individual in the United Kingdom is contrasted with the situation in Australia which does not currently have a comprehensive national human rights charter. In view of the limited protection which is currently provided to token identity by the civil law, the protection provided by the criminal law in both the United Kingdom and Australia becomes particularly significant in considering the obligations and rights which arise under the scheme. The adequacy of the criminal law in addressing the nature and consequences of the dishonest use by a person of another person‘s identity information is therefore also examined. Identity theft is defined and distinguished from identity fraud, having regard to the emergent concept of digital identity and the wrong and the harm caused by its misuse. In particular, the nature of token identity is examined and the consequences of its misuse by another person are considered in determining whether token identity is property which is capable of being the subject of theft and criminal damage. The thesis concludes by summarising the major insights provided by chapters 1-6 with a view to the future when national identity schemes like that of the United Kingdom, and indeed international schemes, will be commonplace and token identity routinely required for most commercial transactions. In that environment, being asked to provide one‘s token identity is likely to be as common and as routine as being asked one's name. / Thesis (Ph.D.) -- University of Adelaide, Law School, 2009