Thesis (Ph.D.)--York University, 2005. Graduate Programme in Political Science. / Typescript. Includes bibliographical references (leaves 329-357). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pqdiss&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&rft_dat=xri:pqdiss:NR19773

published_or_final_version / Public Administration / Master / Master of Public Administration

No description available.

<p>The foundations of the Swedish labour market have shifted due to a number of new circumstances affecting its framework. Employment is no longer a right taken for granted but rather something one should work hard to achieve. Given the new conditions, employers are not only trying to ensure their own businesses survival but also uphold the structures of our society. Competition between enterprises forces management to forge new boundaries to maintain profitability.Concerns have arisen whether or not these so called management strategies are within the limitations of the law. As a result and as a response to the design of the labour laws creativity is peaking to overrun the statutory regulations. This thesis sole ambition is to grasp to what extent the employers can enhance and change terms of employment without breaking the law.Employment agreements concerning temporary employment are at large especially focused upon.</p><p>A strict jurisprudential method has been applied throughout the entire thesis to ensure the reliability of the results. The diversity of sources has been analyzed to assure the overall quality. The legal system at large represents important foundations as well as the historical perspectives. To capture the future foundations and limitations of our labour laws consideration should be acknowledged in comparison to our society’s ever changing demands.The laws and regulations concerning employment agreements can be extensively adjusted without influencing the employees’ rights. That enhances the employers’ power to manage the business in accordance to the shifting market conditions. Some consideration should, in the context, be acknowledged. If the laws are stretched to far the employment agreement will be declared invalid by court along with claims for financial retribution.</p>

The foundations of the Swedish labour market have shifted due to a number of new circumstances affecting its framework. Employment is no longer a right taken for granted but rather something one should work hard to achieve. Given the new conditions, employers are not only trying to ensure their own businesses survival but also uphold the structures of our society. Competition between enterprises forces management to forge new boundaries to maintain profitability.Concerns have arisen whether or not these so called management strategies are within the limitations of the law. As a result and as a response to the design of the labour laws creativity is peaking to overrun the statutory regulations. This thesis sole ambition is to grasp to what extent the employers can enhance and change terms of employment without breaking the law.Employment agreements concerning temporary employment are at large especially focused upon. A strict jurisprudential method has been applied throughout the entire thesis to ensure the reliability of the results. The diversity of sources has been analyzed to assure the overall quality. The legal system at large represents important foundations as well as the historical perspectives. To capture the future foundations and limitations of our labour laws consideration should be acknowledged in comparison to our society’s ever changing demands.The laws and regulations concerning employment agreements can be extensively adjusted without influencing the employees’ rights. That enhances the employers’ power to manage the business in accordance to the shifting market conditions. Some consideration should, in the context, be acknowledged. If the laws are stretched to far the employment agreement will be declared invalid by court along with claims for financial retribution.

The diploma thesis deals with the admission of foreign workers in Czech enterprises with a focus on social security and income tax. The analysis of the current state is devoted to a general introduction to the legal regulations according to which an employer determines the state in which he must fulfil the relevant obligations. In the proposal part, a narrower group of foreign workers is defined according to the statistical data of the selected enterprise. The proposal for effective risk management in the admission and subsequent employment of workers from the defined group is created by means of selected methods for risk identification and analysis. Brainstorming, What-If analysis, Checklist and Scoring method were used to create the proposal. The particular methods are complementary each other. Within the proposal for effective risk management, appropriate measures are proposed for each identified risks and their general financial assessment is made in the last part of the thesis.

The current South African legislative framework does not properly address the unequal bargaining position between employers and fixed term employees. Ineffective regulation of fixed term employment in South Africa has had the effect of excluding certain groups of fixed term employees from claiming the remedies provided in terms of the Labour Relations Act and other labour legislation. Furthermore, where remedies are applicable to them they are often ineffectual. Interpretational variation evident from case law pertaining to the enforcement of the rights of fixed term employees, indicate clear lacunae in the unfair dismissal protection afforded to these vulnerable employees. This is mainly a consequence of uncertainties related to the interpretation of the legislative provisions. The infusion of the values entrenched in the Constitution of the Republic of South Africa and the development of the common law to reflect these values might augment the scope and availability of rights enjoyed by fixed term employees. But, changing socio-economic and political circumstances necessitates review and amendment of the legislation applicable to fixed term employees to meet the country’s constitutional and international obligations. Proposed amendments to the Labour Relations Act have been tabled. These amendments may be capable of addressing some of the current problems. However, they may also lead to other undesirable consequences. An investigation into problems related to the application of similar provisions as those proposed by the Labour Relations Amendment Bill in other jurisdictions crystallises some possible causes for concern. Some of the proposed changes could create new vulnerabilities, or renew old ones. / Private Law / LLD

The current South African legislative framework does not properly address the unequal bargaining position between employers and fixed term employees. Ineffective regulation of fixed term employment in South Africa has had the effect of excluding certain groups of fixed term employees from claiming the remedies provided in terms of the Labour Relations Act and other labour legislation. Furthermore, where remedies are applicable to them they are often ineffectual. Interpretational variation evident from case law pertaining to the enforcement of the rights of fixed term employees, indicate clear lacunae in the unfair dismissal protection afforded to these vulnerable employees. This is mainly a consequence of uncertainties related to the interpretation of the legislative provisions. The infusion of the values entrenched in the Constitution of the Republic of South Africa and the development of the common law to reflect these values might augment the scope and availability of rights enjoyed by fixed term employees. But, changing socio-economic and political circumstances necessitates review and amendment of the legislation applicable to fixed term employees to meet the country’s constitutional and international obligations. Proposed amendments to the Labour Relations Act have been tabled. These amendments may be capable of addressing some of the current problems. However, they may also lead to other undesirable consequences. An investigation into problems related to the application of similar provisions as those proposed by the Labour Relations Amendment Bill in other jurisdictions crystallises some possible causes for concern. Some of the proposed changes could create new vulnerabilities, or renew old ones. / Private Law / LL. D.