Thesis (Ph. D.)--State University of New York at Binghamton, 2003. / Includes bibliographical references (leaves 244-270).

Thesis (J.C.L.)--Catholic University of America, 2005. / Includes bibliographical references (leaves 60-64).

Thesis (J.C.L.)--Catholic University of America, 2006. / Includes bibliographical references (leaves 53-59).

LL.M. (Commercial law) / This dissertation seeks to explore the fundamental differences between the rights of employees in terms of windiqg-up procedures and that of business rescue proceedings. I will be specifically looking at each procedure, winding-up and business rescue proceedings, and the effect that each of these procedures have on the rights of employees. In terms of the analysis of the procedures, I will be looking at the history of both insolvency law and labour law, as well as a look at the old Companies Act of 1973 and specifically at judicial management. By looking at the history we can gain an outlook on the problems we encountered then and how they can be improved today. I will then move on to look specifically at the specific proceedings of winding-up in Chapter 14 of the old 1973 Act and Chapter 6 of the new 2008 for the provisions on business rescue. Through analysing the proceedings I will also look at the legal position in other jurisdictions on the specific matter into account. Specifically I will look to the UK and Australia. Additionally, I will be looking at the International Labour Organisations position on employees' rights in terms of insolvency law. The specific rights of employees that I will be considering are employees rights to commence proceedings, their right to be informed, their right to be consulted, the effect on their employment contracts, retrenchments, claims which they may have against the company as well as the specific rights of employees in the case of a transfer of the business. In analysing all of the above aspects, I will come to conclude from my findings that the rights afforded to employees under business rescue and Chapter 6 of the 2008 Act are extremely beneficial to the employees and are so extensive that they cover almost all rights of employees. In comparison with the rights afforded to employees' in terms of winding-up procedures under Chapter 14 of the 1973 Act these rights are stiII beneficial to employees but they are not as extensive. Both procedures afford employees a significant amount of protection.

農民工權益保障問題是影響中國社會轉型的重大問題。中國各級政府制定了一系列旨在保障農民工權益的法律法規和政策，但這些法律法規和政策在實踐卻未能發揮其應有作用，農民工的權益仍然被持續而普遍地的侵犯，無法獲得真正的保障。本研究針對農民工權益無法獲得真正保障的問題，基於文献省覧和個人經驗的反思而構建出“雙重分離的初步研究概念框架，即政策文本與政策實踐的分離和工人意識和工人實踐的分離。 / 本研究發現，政策文本和政策實踐的分離通過政治問題社會化、社會問題法律化和法律問題權變化三種機制得以實現。首先，國家在解決農民工問題的具體政策方案上採取社會化的策略，將作為政治問題的農民工問題純粹當作社會問題來處理，刻意回避農民工在國家權力體系的中的地位問題。其次，國家通過官方工會的法律服務將作為社會問題的農民工權益保障問題處理為單純的法律問題；通過對勞工NGO的體制擠壓和對工人自主組建工會的打擊防止農民工權益保障問題的社會化和政治化。再次，地方當局在處理作為法律問題的農民工權益保障問題時，違反國家法律法規的規定，在不同情況下採取不同的處理方式，執行不同的標準，損害農民工的法定權益。工人意識與工人實踐的分離通過意識犬儒化和權益商品化得以實現。一方面，農民工表現出徹底不相信、認命不爭、知曉而不行動等帶有犬儒主義色彩的群體意識；另一方面，農民工將政策文本規定的權益視為一種可以“打折的商品，而非固有的不可侵犯的權益，並通常在議價過程中作出讓步。 / 本研究基於研究發現提煉出一組分析國家在勞資關係中的角色的概念，即次標準、地方專制資本主義和安撫型國家，它們構成了從微觀到宏觀的較為系統的分析當代中國國家與工人關係的概念體系，為後續研究奠定了基礎。 / The protection of the rights and interests of migrant workers is the major issue that affects China in the process of social transformation. The Chinese governments at all levels have promulgated a series of laws, regulations and policies, aiming to protect the migrant workers. But these laws, rules, and policies in practice have failed to perform their due role and function. The migrant workers’ rights and interests are still constantly unable to get real protection. This study examined the problem of the inability of migrant workers in gaining real protection of their rights and interests. Based on the literature review and the reflection of personal experience, a provisional conceptual framework “Double Disjuncture was formulated for the study, which refers to the disjuncture between policy text and policy practice and the disjuncture between worker’s consciousness and worker’s practice. / This study found that the disjuncture between policy text and policy practice is realized through three mechanisms: socialization of political issues, legalization of social issues, and contingency of legal issues. Firstly, the state took the strategy of socialization by using specific policies and programs to deal with the problems of migrant workers. The problem of migrant workers as a political matter was treated purely as a social problem, and deliberately avoided the status of migrant workers within the state power system. Secondly, through the legal service of the official labour unions, the state has made the problem of the rights and interest of migrant workers as purely a legal issue, and prohibits the formation of independent trade unions and the development of labor NGOs in order to prevent politicization and socialization of the problem of the protection of rights and interests of migrant workers through institutional extrusion. Thirdly, the local authorities violated the provisions of national laws and regulations in dealing with the problems of rights and interests of migrant workers. They took different approaches and various standards in different situations, which greatly prejudice the statutory rights and interests of migrant workers. / The disjuncture between worker’s consciousness and worker’s practice was made real by the workers’ consciousness of cynicism and the commercialization of rights and interests. On the one hand, migrant workers expressed distrust, acceptance of fate, and knowing without action which embrace the communal sense with the color of cynicism. On the other hand, migrant workers treated the rights and interests specified in the policy text as discountable commodities rather than inviolable rights and interests, and often made concessions in the bargaining process. / Based on the research findings, this study identified and constructed a set of concepts, such as sub-standard, local despotic capitalism, and propitiatory state. They constitute a systematic framework for understanding the relationships between the state and the workers in contemporary China from the micro to macro perspective, and lay the foundation for further researches. / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / 鄭廣懷. / "2012年9月". / "2012 nian 9 yue". / Thesis (Ph.D.)--Chinese University of Hong Kong, 2012. / Includes bibliographical references (leaves 224-243). / Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Abstract in Chinese and English. / Zheng Guanghuai. / Chapter 第一部分 --- 研究問題與研究設計 --- p.1 / Chapter 第一章 --- 問題的提出 --- p.2 / Chapter 第二章 --- 文獻回顧與概念框架 --- p.16 / Chapter 第三章 --- 研究方法 --- p.44 / Chapter 第二部分 --- 研究發現 --- p.64 / Chapter 第四章 --- 政策文本與政策實踐分離的實現機制 --- p.65 / Chapter 第五章 --- 工人意識與工人實踐分離的實現機制 --- p.119 / Chapter 第六章 --- 政治修辭、霸權建構與權益剝奪 --- p.136 / Chapter 第七章 --- 中介力量：勞工NGO存在的可能與作用 --- p.161 / Chapter 第三部分 --- 討論和總結 --- p.175 / Chapter 第八章 --- 討論 --- p.176 / Chapter 第九章 --- 研究應用 --- p.206 / Chapter 第十章 --- 總結 --- p.215 / 附錄 --- p.216 / 參考文獻 --- p.224

Zugl.: Frankfurt (Main), Universiẗat, Diss., 2006. / Includes bibliographical references (p. 291-307).

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2011 / The definition of an employee in most protective labour legislations excludes various categories of workers. The definition of what an employee is, is different in labour legislation. A new presumption of what an employee is, is just a guideline and not exhaustive. The tests developed by our courts do not assist in defining an employee in boarderline cases. It is not simple as it originally seemed. In the beginning it seemed certain but in the end the definition can no longer be valid. The definition of an employee is a journey of a thousand miles which begins with the test step-with no end. The words of Francis Bacan seem to hold water regarding most definition of an employee. Francis Bacan said I quote ‘if a man will begin with certainties, he shall end in doubts, but if he will be content to begin with doubts, he shall end in certainties.

Thesis (LLM ( Labour Law)) --University of Limpopo, 2013. / The study will analyse the fairness or unfairness of precautionary suspensions and the rights of employees in the Public Service who are placed on precautionary suspensions with reference to section 23(1) of the Constitution of the Republic of South Africa, 1996, which states that: (1) “ Everyone has the right to fair labour practices” Section 186(2)(b) of the Labour Relations Act 66 of 1995 defines what an unfair labour practice is with specific reference to a precautionary suspension. It reads thus: (2) “ Unfair labour practice means any unfair act or omission that arises between an employer and an employee involving – (b) the unfair suspension of an employee or any other unfair disciplinary action short of dismissal in respect of an employee” The study will also look at circumstances under which precautionary suspension is invoked on Senior Management Service employees in the public service in terms of chapter 7, clause .2.7(2) of the Senior Management Service Handbook, 2003. Decided cases will be referred to which shows that one of the reasons why many precautionary suspensions are set aside when challenged in court, is because some employees who are assigned to deal with labour issues in the government departments are not competent to deal with those issues. The issue of political appointments impacts directly on service delivery if people are appointed to positions because of political affiliation than competency.

No description available.

The value underlying privacy lies in the fact that it mirrors the very idea of human dignity and the protection of the personal realm. However operational requirements of employers and advancements in science and technology continuously challenge the notion of privacy in the workplace. Employees all over the world are victims of a number of privacy invasive measures including, but not limited to drug testing, background checks, HIV/AIDS testing and polygraph testing. Present day advancements in technology and science make the recognition and protection of the right to privacy even more urgent. The concept of privacy in the workplace has grown in importance as technology has enabled sophisticated forms of testing and monitoring of employees. As a result of these advancements a deep tension has arisen between two conflicting sets of principles. Consequently the rationale for this study is to strike a balance between the employee’s right to privacy and the employers right to conduct his or her business as he or she deems fit. This will be done through an analysis of a number of practices adopted by the employer in the workplace of which contribute to the infringement. Further the admissibility of such evidence procured by the employer through these practices will be interrogated. This is a significant issue as scientific and technological advancements have a very tangible impact on the wellbeing of employees. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2012.