Šiame magistro darbe analizuojami Lietuvos, Latvijos, Estijos ir Rusijos terminuotų darbo sutarčių sudarymo, vykdymo bei nutraukimo ypatumai. Kad nebūtų piktnaudžiaujama terminuotomis sutartimis, valstybės savo darbo statymuose įstatymuose nustato tam tikrus imperatyvius reikalavimus. Darbo tikslas yra palyginti Lietuvos ir minėtų užsienio valstybių darbo įstatymų nuostatas, susijusias su terminuotų sutarčių reglamentavimu, pateikti jų apibendrinimus, aptarti šių teisės normų įgyvendinimo praktikoje problemas bei pateikti pasiūlymus Lietuvos įstatymų leidėjui. Pirmoje darbo dalyje pabrėžiama darbo sutarties instituto svarba, apžvelgiami pagrindiniai valstybių darbo įstatymai, aptariama terminuotos darbo sutarties samprata bei išskiriamos jos rūšys. Antroji dalis yra skirta terminuotų darbo sutarčių sudarymui – joje aptariamas terminuotų darbo sutarčių turinys, kurį sudaro būtinosios ir papildomos sąlygos, apibrėžiamos bendros visoms valstybėms termino nustatymo taisyklės, taip pat analizuojamos terminuotos darbo sutarties prielaidos ir apribojimai. Trečioje darbo dalyje dėmesys skiriamas teisės normų, reglamentuojančių terminuotų darbo sutarčių vykdymą ir keitimą, analizei – pabrėžiami sutarčių keitimo ypatumai, atsižvelgiant į sąlygų keitimo priežastį, jų rūšį ir nuo to, kuriam laikui (terminuotai ar neterminuotai) tos sąlygos keičiamos. Šioje dalyje taip pat aptariami pagal terminuotas darbo sutartis dirbančių darbuotojų nediskriminavimo bei informavimo apie laisvas darbo... [toliau žr. visą tekstą] / In these Master theses are analyzed the characteristics of fixed-term employment contracts in Lithuania, Latvia, Estonia and Russia. To prevent abuse arising from fixed-term employment contracts the countries define imperative requirements in their labour laws. The object of these theses is to compare the provisions of labour laws, related to the regulation of the fixed-term employments contracts, to present the generalization thereof, to discuss the problems of provisions’ realization in practice and to make suggestions to the legislator. In the first part of the theses the importance of employment contract’s institute is pointed, the countries’ main labour laws are reviewed and the conception of employment contract and its types are discussed. The second part is about the conclusion of fixed-term employment contracts: the content of fixed-term employment contracts (obligatory and additional conditions) is discussed, the general rules of term determination are defined, the preconditions and restrictions of fixed-term employment contracts are analyzed. In the third part of theses the rules of law, related to the implementation and amendment of fixed-term employment contracts, are analyzed – it is pointed that the amendments are made according to the reason and duration of amendment and the type of employment conditions to be amended. The principles of non-discrimination of fixed-term workers and information about vacancies are also discussed. The last, fourth, part is about... [to full text]

Japan is a country strongly associated with strong, long-term relationships, whether they be located within kin- groups, local communities or large industrial enterprises. Yet Japan also has a long tradition of people who have been excluded from these relationships, whether voluntarily (hermits, mendicant monks, etc.) or compulsorily (outcasts etc.). This thesis deals with a contemporary category of people who operate largely outside the certainties of long-term relationships: day labourers. Whereas Japanese industry has become famous for 'life-time employment', my subjects often work under contracts for just one day. Most of them are also excluded from family and mainstream community life, living singly in doya-gai -- small urban districts with cheap hotels which resemble the American skid-row. These districts center on a casual labour market (yoseba), divided between a formal sector (public casual labour exchanges) and an informal sector (jobs negotiated on the street with recruiters often affiliated with yakuza gangs). Fieldwork (1993-5) was conducted mainly in Kotobuki, the Yokohama doya-gai, with brief field-trips to similar districts in Tokyo, Osaka, Nagoya, Kitakyushu and Fukuoka. Most of my informants were Japanese nationals, though Koreans and Filipinos are also briefly discussed. The thesis describes the lives and attitudes of day labourers, and the social organization of the very distinctive districts which they inhabit. Based on participant observation, backed up by historical analysis and cross-cultural comparison, the thesis considers the role of these 'men of uncertainty' in a society which craves certainty. In economic terms, that role is to enable the construction and longshoring industries to adjust to fluctuating demand and changing weather conditions while maintaining a stable core workforce. But day labourers, like other stigmatized minorities, have a parallel cultural role, as an "internal other" in the formation of mainstream Japanese people's identity.

Magister Legum - LLM / Good faith is an open ended concept which refers to fair and honest dealings. The function of this concept is to give expression to the community’s sense of what is fair, just and reasonable. The concept of good faith has and continues to acquire a meaning wider than mere honesty or the absence of subjective bad faith. It is an objective concept that includes other abstract values such as justice, reasonableness, fairness and equity. There is competition between the two underlying values or cornerstones of the law of contract, namely that of sanctity of contract (pacta sunt servanda) and fairness. Y Mupangavanhu holds that ‘it is becoming axiomatic that sanctity of contract and fairness are competing values that need to be balanced by courts’. Differently put, Hutchison holds that: ‘The tension between these competing goals of contract law is quite evident…every time a court enforces an unreasonably harsh contractual provision, a price is paid in terms of the ordinary person’s sense of what justice requires; conversely every time a court allows a party to escape liability under what is thought to be a binding contract, a price is paid in terms of legal and commercial certainty’. Courts are often called upon to assess the abovementioned tension. South African courts have, however, shown reluctance in balancing the competing principles and have instead been opting to uphold the principle of sanctity of contract in the spirit of preserving certainty in the law of contract. Public policy, ubuntu and good faith are all mechanisms that are aimed at achieving fairness in contract law. The apparent preference of the courts to uphold the sanctity of contract above all else, falls short of achieving fairness and reasonableness. Public policy functions as an alternative doctrine of equity, fairness and good faith in contract law. As such, the idea is that a contract that is contrary to public policy is illegal and should not be enforced. Although there is no clear definition of public policy, B Mupangavanhu opines that the ‘doctrine of public policy, while difficult to comprehensively define, can be understood to refer to courts consideration of what is in the interest of society or community when interpreting contracts’. In other words, it represents the legal convictions of the community or the general sense of justice of the community and the values that are held most dear by the society.

Magister Legum - LLM / Good faith is an open ended concept which refers to fair and honest dealings. The function of this concept is to give expression to the community’s sense of what is fair, just and reasonable. The concept of good faith has and continues to acquire a meaning wider than mere honesty or the absence of subjective bad faith. It is an objective concept that includes other abstract values such as justice, reasonableness, fairness and equity. There is competition between the two underlying values or cornerstones of the law of contract, namely that of sanctity of contract (pacta sunt servanda) and fairness.

The reason of discussing the influences of Law of the PRC on Employment Contracts is, pursuing the economical growth has been the main development policy from the beginning of the reforming and opening up of China. However, the derivative labour problems are getting worse. Although the PRC government passed the Labour Law of the People's Republic of China in 1995, the execution of the Law achieved little, resulting in more labour-management problems instead. For this purpose, the PRC government passed the Law of the People's Republic of China on Employment Contracts in 2007, expecting to eliminate the situation of long-term ignorance and violation of labour rights. The Law has great influences on employers in China such as decreased employing flexibility and increased operating costs. Therefore, this research intends to comprehend the influencing coverage of the Law of the PRC on Employment Contracts through investigating the Law¡¦s legislative background and its legal meaning, and adjusting future human resource systems and positioning human resource management strategies for the enterprises according to their influenced coverage. During the research process, I have consulted a large quantity of documents related to the Law and news regarding enterprises¡¦ reaction toward it. Through collecting, analyzing related documents, and interviewing cases, I found that the Law insists much on recording and reserving anything regarding labour rights in written form during the operating processes of enterprises. Besides, other influences toward enterprises including the changing of cost structures, especially the law violation costs. For example, enterprises do not have probation period, dismissing employees illegally, or the expending of economical compensation and so forth. In addition, I also found that the regulation of the open-ended employment contracts and granting the economical compensation influence enterprises fairly much. However, the two above regulations are complements of each other. The purpose of the legislation is to let enterprises and employees built long-term and stable labour-management relations. At last, I discovered that in the future, enterprises need to change the passed attitude of dealing with labour-management relations when facing the Law. They have to pay more attention on details when operating company, especially when dealing with affairs about labour rights. For example, they have to notice the details of the design of appraisal system, improving staff training, modifying the company¡¦s rules and regulations, and the new employee recruitment and so forth. To conclude, in the future, enterprises have to take a more reciprocal attitude when facing labours and managing labour relations.

No / Studies of mergers of organizations focus upon the financial and economic outcomes, with little attention paid to the effect on the people working in the merging organizations. This paper reports the findings of a study of the impact on managers of an organizational merger. Rather than the cool calculations of accountants and economists and the rational application of a managerial logic, we found the impact on these managers was upon their emotions, which seemed sometimes too buffeted to allow them to continue in their work. A narrative analysis of the stories told by these managers suggested they experienced their involvement with the merging organizations as akin to a Faustian contract, whereby they had sold their souls to the organizational devil and were now reaping the costs. When we came to write this paper we found that using the usual rubrics of academic writing suppressed the sheer emotionality of their experiences. We have therefore followed the imperative of our conclusions, and written our analysis in the form of a play, based upon Christopher Marlowe's Dr Faustus, which allows us to use our interviewees' own words to illustrate the impact of the merger. The play is, of course, in the format of a tragedy: it has four main characters ¿ the narrator, the manager, Faustus and Mephistopheles ¿ and five acts. We use the Prologue to insert our own words, where we argue for a turn away from the 'hard' school of human resource management towards one that is ethically informed. Programme notes contain the technical details which justify our research methods. We remain totally unapologetic for intruding emotions into the rational world of academia.

Protection of employees in the event of a change of employer in Serbia was first regulated by the Labour Act (2005). This was a result of the harmonization of Serbian legislation with Council Directive 2001/23/EC, while the effect of the European Court of Justice jurisprudence was negligible. Protection is guaranteed regardless of whether the company identity has been preserved or not, thereby making it more favourable than the European concept of transfer of undertaking. Nevertheless, the relevant provisions of the Labour Act have often been evaded in practice, especially when it comes to the application of the principle of preservation of employment. This was facilitated by the content of certain legal provisions. There is a notable need for their improvements, in order to enable employees to continue to work for the transferee under the same working conditions and be protected from dismissals exclusively or predominantly motivated by the change of employer.

Submitted by Edileide Reis (leyde-landy@hotmail.com) on 2013-04-17T18:56:35Z No. of bitstreams: 1 Tercio Souza.pdf: 653424 bytes, checksum: 6d606e3ff997d71434d31fb919e56d1d (MD5) / Approved for entry into archive by Rodrigo Meirelles(rodrigomei@ufba.br) on 2013-05-09T17:41:15Z (GMT) No. of bitstreams: 1 Tercio Souza.pdf: 653424 bytes, checksum: 6d606e3ff997d71434d31fb919e56d1d (MD5) / Made available in DSpace on 2013-05-09T17:41:15Z (GMT). No. of bitstreams: 1 Tercio Souza.pdf: 653424 bytes, checksum: 6d606e3ff997d71434d31fb919e56d1d (MD5) Previous issue date: 2009 / A presente dissertação parte do pluralismo e da democracia nas relações de trabalho para identificar alguns contornos das relações coletivas no direito brasileiro. Digo que a eficácia da negociação coletiva encontra-se vinculada à melhoria das condições dos trabalhadores em bem-estar social. Digo ainda que em função dessa necessidade o “pleno emprego” impõe a adoção de todos os instrumentos cabíveis inclusive a possível extinção dos contratos de trabalho em vigor para o acesso de novos trabalhadores a um mesmo posto de trabalho; tudo para concluir que é possível negociação coletiva em que se imponha a extinção compulsória dos contratos de trabalho. / Salvador

Made available in DSpace on 2016-04-26T20:25:33Z (GMT). No. of bitstreams: 1 Jorge Miguel Acosta.pdf: 862687 bytes, checksum: ba22994c6281f9b466309a86b18a963e (MD5) Previous issue date: 2007-06-01 / The purpose of this study was to deepen the current knowledge about employment contracts of football players or professional athletes. With the experience gained in the Union, a reflection was sought about four aspects of those contracts which permitted, after data systematization and exploration, a description, the definition of limits and consequently an in-depth analysis of the matter under study. Those aspects were: the historical evolution of this profession and of its legislation, the various views of the doctrine about the legal nature of such contracts, the Image Right and the Arena Right. A research about the historical evolution of the employment contract of this kind of athlete pointed out that the specific legislation for this category advanced very slowly. An analysis of the historical process revealed that the social gains obtained by the workers with the restatement of the labor laws early in the 40s only started to be enjoyed by football players half a century later, suggesting that the problems experienced by those athletes have their roots in the past history of that category. In parallel to the legislative history, the various formulations produced by the legal doctrine about the athlete and the athlete's contract with a club were also studied. Further, a brief description of the various conceptions of the doctrine makers about the legal nature of such contracts is also given. Then the issues relating to the Image Right are discussed, seeking an understanding of its insertion in the realm of the Personality Rights, as well as its new positioning as given by the 1988 Federal Constitution. The Maximum Law ascribed neverseen- before guarantees to those rights, an innovation even in relation to the most modern constitutions worldwide. The new constitutional approach to the Image Right has raised significant issues for the athlete category. The treatment now given to it has imposed a new reality to the clubs, forcing them to review old practices involving image assignment contracts, usually when signing up the athlete. Lastly, a study is conducted about the Arena Right, a figure created in Brazil with no similar elsewhere, and which is a relevant source of revenues for clubs and equivocally confounded with the Image Right. This study shows that those two rights are getting apart diametrally; they are different rights, with different title holders and diverse legal nature, although, mostly, they are considered as equivalent / O presente estudo procurou aprofundar o conhecimento que se tem sobre o contrato de trabalho dos jogadores de futebol, ou atletas profissionais. A partir da experiência acumulada junto a seu Sindicato, buscou-se uma reflexão sobre quatro aspectos desses contratos, que permitiram, após a sistematização e exploração dos dados, a descrição, a definição de limites e o conseqüente aprofundamento do objeto investigado. São eles: a evolução histórica da profissão e da legislação a ela referente, as diversas visões da doutrina acerca da natureza jurídica desse contrato, o Direito de Imagem e o Direito de Arena. A pesquisa sobre a evolução histórica do contrato de trabalho desse tipo de atleta identificou que o desenvolvimento da legislação específica para a categoria sempre foi muito lento. A análise do processo histórico revelou que as conquistas sociais obtidas pelo conjunto dos trabalhadores, com a CLT, no início dos anos de 1940, somente chegou aos jogadores de futebol quase meio século depois, sugerindo que os problemas vividos pelos atletas têm raízes no passado da categoria. Paralelamente à história legislativa, foram estudadas as diversas formulações produzidas pela doutrina jurídica sobre o atleta e seu contrato com os clubes. Também se expôs, de maneira sintética, as diversas concepções dos doutrinadores sobre a natureza jurídica desse contrato. Em seguida, foram estudadas as questões que envolvem o Direito de Imagem, buscando entender sua inserção no conjunto dos Direitos da Personalidade, assim como seu novo enquadramento dado pela Constituição Federal de 1988. A Lei Máxima passou a dar a esses direitos garantias nunca antes conhecidas, inovando mesmo perante as modernas constituições do mundo. O novo enfoque constitucional ao Direito de Imagem trouxe questões significativas para a categoria dos atletas. O tratamento agora dado a esse direito impôs nova realidade aos clubes, obrigando-os a uma revisão de antigas práticas envolvendo os contratos de cessão de imagem, usuais no momento da contratação do atleta. Por último, um estudo sobre o Direito de Arena, instituto de criação genuinamente nacional, sem paralelo no mundo, importante fonte de receita dos clubes, equivocadamente confundido com o Direito de Imagem. O estudo mostrou que os dois direitos distanciam-se diametralmente; são direitos diferentes, com distintos titulares e diversa natureza jurídica, apesar de, muitas vezes, serem tomados como equivalentes

2008年元月實施的《中華人民共和國勞動合同法》，是中國大陸政府當局宣告擺脫過往提供低廉人力資源的新興國家形象，挑選更願意肩付企業社會責任的企業，轉型成為真正大國。這部勞動合同法在更全面保障勞工權益時，被資方及部分學者視為一部親勞方遠資方的法令，執行後衝擊許多外商，其中包括台商。 2008年元月實施的《中華人民共和國勞動合同法》，是中國大陸政府當局宣告擺脫過往提供低廉人力資源的新興國家形象，挑選更願意肩付企業社會責任的企業，轉型成為真正大國。這部勞動合同法在更全面保障勞工權益時，被資方及部分學者視為一部親勞方遠資方的法令，執行後衝擊許多外商，其中包括台商。 本論文針對勞動合同法對台商造成的影響進行探討，不同產業的台商受到影響的差別性，並研討台商因應之道，例如作出內部制度改革及遷徙廠房等，遷徙路線是本文探討焦點。 本論文透過與台商的深度訪談獲得相關資訊，歸納出台商在勞動合同法實施後，決定西移入中國大陸內地、南移向東南亞國家、或是向東返回台灣投資的三個遷徙路線，與作出這個決定的背後考量。 2008年台灣總統大選後再次政黨輪替，馬政府團隊重新開啟與對岸的交流，台灣當局也利用這個台商思動和兩岸融冰的時機，提供優惠政策吸引台商返台投資。勞動合同法的頒布也牽動台商在兩岸的移轉和經營的變革。 / Law of The People’s Republic of China on Employment Contracts is executed to get rid of the image of offering cheap human resource, Mainland China’s stereotype for investors in majority. After practicing the Law, the government expects to attract enterprises with more willing of taking social responsibilities to transform as the modern country. The Law protects labors’rights more completely, but is regarded a bias against investors. The consequence of practicing the Law impacts many foreign investors, including Taiwanese businessmen. This thesis discusses how the Law impacts Taiwanese businessmen, various effects to different businesses, and the responses from Taiwanese investors, such as the innovation of internal system and removal of business. Where do those Taiwanese businessmen remove their investment is the key point of this thesis. The conclusion of this thesis is based on one-by-one interview with selected Taiwanese businessmen among various businesses. If they decided to remove the investment, three routes are mostly considered: east to interior land of Mainland China, south to East Asia countries, and east to Taiwan. This thesis also indicates why they do such considerations. 2008 Taiwan Presidential Election rotated ruling party. KMT Ma government restarts the interaction with Mainland China and takes advantage of ice-breaking timing to offer favorable policies to attract Taiwanese businessmen to return to Taiwan. The execution of Law of The People’s Republic of China on Employment Contracts also affects the move of Taiwanese businessmen and the mode of business operation.