First of all, the study is aimed at individual career plans being affected by various factors. Among which, we would like to research the relations and interactions between environment factors, such as organization conditions, and individual career development. Owing to keen market competition, a large number of businesses have to dispatch some employees abroad to achieve global stronghold strategy and economic arrangement. Also in Taiwan within ten years, there are more and more business employees being sent to Mainland China on a mission. They are in the main charge of operating the overseas subsidiary; therefore, they need to get used to the local customs and lifestyle as soon as possible. In the meantime, the support of the organization plays quite an important role. According to employee relations, organization and individual factors combining different cultural backgrounds, cross-cultural adaptation and self-anticipation, we design a questionnaire classified by ages and positions and even exercise actual case studies to come to the conclusion of the study. We find that the more the employees recognize their company¡¦s development and arrangement, the more successful and smoother interaction between them and their organization would exist. As well, the high-level employees could better realize what parts they must play and do their utmost to accomplish any challenge even though they might be not well-prepared in advance. To sum up, those international staff not only take such opportunity as a kind of ability training and international outlook extension, but also believe that the favorable conditions offered by the parent company will greatly lower their insecurity on the career development and promote the positive employee relations.

70 Summary The purpose of my thesis is an analysis of the legal limitations a competitive and economic activity of the employee during the duration of employment relationship and after its termination, not only in labor law but also commercial law, criminal and competition law. The thesis is composed of five chapters: The first Chapter addresses the issue of prohibition of competition both according to business law in general and in the related company law. Included was also a part dedicated to the unfair competition. The basic institutions of competition law are also mentioned. The second Chapter of my thesis also includes a view of criminal law, as a law of last instance, used in cases where means of other parts of law have become ineffective. This section also contains the analysis of the two crimes, that covered the issue of prohibition of concurrency. The third Chapter contains a short list of laws related to labor code, but include special treatment of the employment relationship for a specified group of employees. The fourth Chapter is devoted to the area of Labour law. The chapter is subdivided into three parts. First part of chapter describes the historical evolution of the institutions in the Czech law and also evolution of Labour Code. Other part of the chapter is introductory and defines basic...

Non-discrimination and equal treatment in Employment relationships in the Czech Republic and in selected EU countries Abstract Principles of equality, respectively equal treatment and prohibition of discrimination, are prominent in public discourse as well as in practical life, specifically in relationships between employees and employers. It is typical that these principles and their precise content and scope may vary in accordance with cultural, local and historical contexts. In the Czech Republic, arguments relating to equal treatment and prohibition of discrimination in employment relations are not very often heard and resolved by courts; that however does not mean that problems relating to unequal treatment or discrimination would be absent. Employment laws are in many respects driven and influenced by European Union law; ban on discrimination is subject to regulation by a number of Directives, which each Member State must transpose into its national legal framework. When these national laws are interpreted and applied, the primary concern must rest in maintaining consistency with the original regulation while considering any relevant case law passed down by the Court of Justice of the European Union. For the same reasons, it may be interesting to compare, from legislative standpoint and in application...

The main goal of this thesis is to provide coherent, comprehensible and transparent view on the issues of termination of basic employment relationships by unilateral legal act, it is based on relevant legal rules (including relevant case law on to this issue). Although this institute was the principal topic of this work, I considered it necessary to pay attention to other questions which are connected with termination of basic employment relationships. In my thesis I tried to focus on individual forms of termination of employment relationship, but I also included the issue of employment relationship itself, labor law in general, and I tried to show that this law, as well as entire legislation of the Czech Republic is in harmony with sources of various international organizations and legislation of the European Union.

A problemática concernente aos efeitos da aposentadoria por invalidez no contrato de trabalho constitui tema de extrema importância prática e científica, de grande aplicabilidade no Direito do Trabalho, repercutindo diretamente nas relações daí decorrentes, cuja análise demanda investigar o regramento jurídico pátrio, voltado especificamente à sua interpretação sistemática e teleológica. Do ponto de vista legal trabalhista, toda a celeuma decorre da previsão contida no artigo 475 da Consolidação das Leis do Trabalho, que estabelece que o empregado aposentado por invalidez terá o seu contrato de trabalho suspenso durante o prazo fixado pelas leis da Previdência Social para a efetivação do benefício. À luz do Direito Previdenciário, a aposentadoria por invalidez nunca é definitiva, pois o trabalhador pode recuperar sua capacidade laborativa em razão dos inquestionáveis e crescentes avanços da medicina, inovações terapêuticas e tecnológicas, bem como do sucesso das técnicas de reabilitação profissional, podendo ser cancelada a qualquer momento. Desse modo, defende-se majoritariamente que, em face da transitoriedade do benefício, o contrato de trabalho estaria suspenso indefinidamente. No entanto, é preciso sopesar, com racionalidade e clareza, os efeitos perversos advindos dessa concepção tradicional, do ponto de vista da relação triangular envolvida empregado aposentado, empregador e empregado substituto contratado no lugar do aposentado para, em uma visão crítica e contemporânea, aferir se há real equilíbrio entre os princípios da segurança jurídica, da dignidade da pessoa humana, do valor social do trabalho e da livre iniciativa privada. Por outro lado, revela-se imprescindível perquirir se a interpretação tradicional e simplista, relativa à suspensão eterna do contrato de trabalho, de fato, encontra supedâneo na legislação previdenciária em vigor, na medida em que há disposição expressa, assegurando o direito ao retorno à função tão somente em caso de recuperação total da incapacidade ocorrida dentro do prazo de cinco anos. Para as demais hipóteses (recuperação parcial, recuperação para trabalho diverso do habitualmente exercido e recuperação posterior ao interregno de cinco anos), não há previsão de retorno à função, mas exclusivamente a redução gradual do pagamento do benefício, com vistas à recolocação do trabalhador no mercado de trabalho. Desse modo, em última análise, é imperioso estudar se o parâmetro protetivo que se propaga e hodiernamente se aplica, de forma majoritária no âmbito brasileiro, realmente possui espeque na lei pertinente e se atende à finalidade para o qual é dirigido, além de buscar uma solução inovadora, justa e digna, eliminando ou, pelo menos, minimizando os conflitos trabalhistas acerca da temática. / The effects of disability retirement on employment relationships present problems of both a practical and legal nature, and call for a systematic and logical interpretation of the rules of labor and employment law. The problems stem from article 475 of the Consolidation of Labor Laws, which provides that an employee who retires due to disability will have his or her employment contract suspended for the period of time fixed under social security laws for the disability retirement benefit to become effective. Under social security law, disability retirement is never permanent, since the constant advances in medical science, new therapies and technologies, and occupational rehabilitation techniques can allow disabled workers to recover their capacity to work, with the result that their disability benefit will be cancelled. Consequently, a majority of Brazils labor law scholars and courts take the position that the suspension of the disabled workers employment contract is indefinite, in view of the impermanent nature of the disability retirement benefit. This traditional interpretation, however, has undesirable effects on the triangular relationship created by a disability retirement: the retired employee, the employer, and the employee hired to replace the disabled worker. A critical examination of these deleterious effects is necessary to determine if the traditional interpretation of the law establishes, in todays society, a fair balance among the principles of legal certainty, the dignity of the human person, the social value of work, and private enterprise. There is also the question of whether the traditional, simplistic, view that disability retirement brings about an eternal suspension of the retirees employment contract is supported by the social security legislation. The legislation expressly provides that disabled retirees are entitled to return to their employment only if they recover completely from their disability within five years. In all other cases (partial recovery, or rehabilitation for a type of work other than the work performed prior to the disability), the legislation does not guarantee a return to the retirees former employment, but instead provides for a gradual reduction in the disability benefit to encourage the worker to return to the active workforce. This study investigates the question of whether the protectionist interpretation of the law that currently prevails in Brazil is effectively supported by the legislation and serves the interests of both society and the individual, and searches for a new, fairer solution that could eliminate, or at least minimize, the conflicts and disputes caused by disability retirement.

This doctoral research explores the implications for the employment relationship of the intersection between employment relations and customer relations. The context for the research is Australian higher education - specifically those university workplaces which are strongly market focused and where resourcing is inadequate to meet customer expectations. Traditionally, serving one's customer has meant providing goods or services (as requested by the customer) and doing so with courtesy (as defined by social custom). The customer was clearly outside the traditional employment relationship between employer and employee, although a focus of its output. However, in the context of post-Fordist production systems and post-modern values including the rise of consumption, there has occurred an intersection of product and labour markets which has led to changes to the employment relationship and the labour process. The thesis answers the questions: In higher education, does the student-as-customer have significant influence on the organisation of work? If so, does this constitute a reconfigured model of the employment relationship? The rationale for re-examining the employment relationship in the context of changing consumption patterns lies in the search for more extensive explanations of factors which influence the labour process with the suggestion that consumption is of increasing relevance for industrial relations theory and practice (see for example Heery 1993; Frenkel, Korczynski, Shire and Tam 1999a). The growth of a culture of consumption and changing consumption patterns are symptomatic of change which is central to the Australian economy as a whole and to higher education in particular (Usher, Bryant and Johnson 1997; Scott 1995a). In this context the doctoral research explores the social relations involved in the process of Australian higher education as a service encounter. It examines the implications for the organisation of work in particular, and the traditional bipartite employment relationship in general (between employer and employee although it is noted that the state has a peripheral role), of the student's newly constructed status of customer. The research focus is on flexible delivery which is seen as a key strategic response by higher education institutions to meet their perceptions of their customers' needs and wants. Flexible delivery is a pedagogy, a marketing tool and a form of work organisation and is a fertile domain within which to seek the intersection of employment relations and customer relations. In keeping with the labour process ethnographic tradition, this research employs Burawoy's (1991) methodology of Extended Case Method. This doctoral research raises critical issues related to the incongruence between current Australian national research ethics regimes and long established ethnographic methods employing participant observation. The practical consequences of the national research ethics regime for empirical research are explored in the concluding chapter. The data identifies that university managements' preoccupation with customer relations has undermined the traditional employment relationship between employing institution and academic. While the academic employee in the service encounter is engaged in the primary relationship of the bipartite employment relationship, management's incorporation of the student-customer into formal organisational processes which may lead to control over the organisation of work, potentially brings into being a tripartite employment relationship between employee/employer/customer. In such a model, customer relations is no longer merely the output of the employment relationship but a process within it, with customers acting as management's agents of control. This thesis introduces the concept of the customer as partial-employer. The thesis findings challenge the current management paradigm of customer focus as a 'win-win' situation. In Australian higher education customer focused strategies have emerged from managerial assumptions about student-customer needs and wants, specifically those of flexibility and value-for-money. The unintended consequence of these assumptions on the academic labour process has been a significant shift in the balance of power between academic educator and student at the level of the service encounter, with the subjugation of traditional academic authority to the power of the consumer in what has become a market relationship.

Professional workers are the core value contributors to an enterprise in today¡¦s highly competitive environment of knowledge economy. Under the pressure of global competition, employment flexibility is an unavoidable trend. Contract workers with professional background have been growing rapidly in recent years, and it has been regarded as a competitive strategy to integrate corporate resources to enhance business performance. While more and more enterprises are adopting flexibility strategies as well as utilizing different types of contingent employment to replace traditional long-term employment, the other existing employees not only have to face the changes of employment relationships, but also have to get used to cope with lots of contract-based professionals working in the organization. The purpose of this research is to understand different cognition, attitude and behaviors from the professionals under different employment relationships, as well as the way they interact, while the organization is adopting the human resource strategy of numerical flexibility. The information was collected and analyzed based on qualitative research method and used the professional workers as sampling, including one regular employee and one contractor for every comparative pair. There are total twenty-four professionals from four leading global high-tech companies were interviewed. The result shows that both the regular and contract-based professionals recognized the employment flexibility strategy negatively, and believed that it¡¦s mainly for reducing employment cost only, which might reflected the short-term benefit, but would cause the negative impact on the organization¡¦s performance in the long run. The implementations of differentiated treatments to different employment models caused disagreement from the workers who had expected their employers to provide a fair working environment, sufficient human capital investment and stable career development in the organization. The findings are, a respecting and open-minded organizational culture, a fair workplace, proper contingent employment proportion, and supportive management are the key factors to facilitate the positive interaction among professionals under different employment relationships. Moreover, professional workers have higher motivation and take into account the importance of personal performance, therefore, regular employee will invest personal resources to solve problems from interacting with contract professionals in order to achieve tasks. Meanwhile, the contract professionals are affected by occupational commitment as well as their intention to extend employment contract in the future. Employment status does not influence their performance, however, reduction of unfair treatments regarding human resource practices will motivate their willingness on organizational citizenship behavior and performance improvement.

A problemática concernente aos efeitos da aposentadoria por invalidez no contrato de trabalho constitui tema de extrema importância prática e científica, de grande aplicabilidade no Direito do Trabalho, repercutindo diretamente nas relações daí decorrentes, cuja análise demanda investigar o regramento jurídico pátrio, voltado especificamente à sua interpretação sistemática e teleológica. Do ponto de vista legal trabalhista, toda a celeuma decorre da previsão contida no artigo 475 da Consolidação das Leis do Trabalho, que estabelece que o empregado aposentado por invalidez terá o seu contrato de trabalho suspenso durante o prazo fixado pelas leis da Previdência Social para a efetivação do benefício. À luz do Direito Previdenciário, a aposentadoria por invalidez nunca é definitiva, pois o trabalhador pode recuperar sua capacidade laborativa em razão dos inquestionáveis e crescentes avanços da medicina, inovações terapêuticas e tecnológicas, bem como do sucesso das técnicas de reabilitação profissional, podendo ser cancelada a qualquer momento. Desse modo, defende-se majoritariamente que, em face da transitoriedade do benefício, o contrato de trabalho estaria suspenso indefinidamente. No entanto, é preciso sopesar, com racionalidade e clareza, os efeitos perversos advindos dessa concepção tradicional, do ponto de vista da relação triangular envolvida empregado aposentado, empregador e empregado substituto contratado no lugar do aposentado para, em uma visão crítica e contemporânea, aferir se há real equilíbrio entre os princípios da segurança jurídica, da dignidade da pessoa humana, do valor social do trabalho e da livre iniciativa privada. Por outro lado, revela-se imprescindível perquirir se a interpretação tradicional e simplista, relativa à suspensão eterna do contrato de trabalho, de fato, encontra supedâneo na legislação previdenciária em vigor, na medida em que há disposição expressa, assegurando o direito ao retorno à função tão somente em caso de recuperação total da incapacidade ocorrida dentro do prazo de cinco anos. Para as demais hipóteses (recuperação parcial, recuperação para trabalho diverso do habitualmente exercido e recuperação posterior ao interregno de cinco anos), não há previsão de retorno à função, mas exclusivamente a redução gradual do pagamento do benefício, com vistas à recolocação do trabalhador no mercado de trabalho. Desse modo, em última análise, é imperioso estudar se o parâmetro protetivo que se propaga e hodiernamente se aplica, de forma majoritária no âmbito brasileiro, realmente possui espeque na lei pertinente e se atende à finalidade para o qual é dirigido, além de buscar uma solução inovadora, justa e digna, eliminando ou, pelo menos, minimizando os conflitos trabalhistas acerca da temática. / The effects of disability retirement on employment relationships present problems of both a practical and legal nature, and call for a systematic and logical interpretation of the rules of labor and employment law. The problems stem from article 475 of the Consolidation of Labor Laws, which provides that an employee who retires due to disability will have his or her employment contract suspended for the period of time fixed under social security laws for the disability retirement benefit to become effective. Under social security law, disability retirement is never permanent, since the constant advances in medical science, new therapies and technologies, and occupational rehabilitation techniques can allow disabled workers to recover their capacity to work, with the result that their disability benefit will be cancelled. Consequently, a majority of Brazils labor law scholars and courts take the position that the suspension of the disabled workers employment contract is indefinite, in view of the impermanent nature of the disability retirement benefit. This traditional interpretation, however, has undesirable effects on the triangular relationship created by a disability retirement: the retired employee, the employer, and the employee hired to replace the disabled worker. A critical examination of these deleterious effects is necessary to determine if the traditional interpretation of the law establishes, in todays society, a fair balance among the principles of legal certainty, the dignity of the human person, the social value of work, and private enterprise. There is also the question of whether the traditional, simplistic, view that disability retirement brings about an eternal suspension of the retirees employment contract is supported by the social security legislation. The legislation expressly provides that disabled retirees are entitled to return to their employment only if they recover completely from their disability within five years. In all other cases (partial recovery, or rehabilitation for a type of work other than the work performed prior to the disability), the legislation does not guarantee a return to the retirees former employment, but instead provides for a gradual reduction in the disability benefit to encourage the worker to return to the active workforce. This study investigates the question of whether the protectionist interpretation of the law that currently prevails in Brazil is effectively supported by the legislation and serves the interests of both society and the individual, and searches for a new, fairer solution that could eliminate, or at least minimize, the conflicts and disputes caused by disability retirement.

Les liens qui unissent rémunération et travail semblent, de prime abord, d’une évidente simplicité. Pour autant, la spécificité de la créance de rémunération et la sophistication des nouvelles formes de rétribution complexifient fortement ces rapports. Partant de ce constat, il est nécessaire de s’intéresser aux interactions qu’entretiennent ces deux notions. La rémunération est avant tout une catégorie juridique dont la définition varie suivant la règle à appliquer. Les multiples finalités assignées aux normes venant encadrer la rémunération font du travail un critère inopportun de définition car trop restrictif. La nécessité de repenser les critères de définition de la rémunération s’avère donc indispensable. La rémunération est également la contrepartie de l’obligation principale du salarié. La manière d’appréhender les interactions entre le travail convenu et la rémunération conditionne, dès lors, l’étendue du droit à rémunération du salarié. La contrepartie de la rémunération est majoritairement la contrepartie d’une immobilisation temporelle de l’activité du salarié au service d’un employeur. Contrepartie de la mise à disposition de la force de travail du salarié, la détermination du montant de la rémunération devrait également être liée à ce facteur temporel. Il s’avère que l’évolution des modes de rémunération et de l’organisation du temps de travail contredit ce postulat de départ. Le montant de la rémunération devient, par conséquent, bien plus dépendant de la performance du salarié ou des résultats économiques de l’entreprise que du temps passé à se tenir à la disposition de l’employeur. / The links between remuneration and work seem, at first glance, of an obvious simplicity. However, the specificity of the pay debt and the development of new kind of remuneration complicate strongly these reports. Starting from this observation, it is necessary to focus on the interactions between these two concepts. First of all, remuneration is a legal category and its definition varies according to the rule to apply. The multiple objectives assigned to law remuneration make work a wrong criterion of definition because to restrictive. The need to rethink the definition of remuneration criteria is therefore essential. Remuneration is also the compensation of the main obligation of the employee. Therefore, the way to understand the interactions between the agreed work and pay determines the extent of the right to employee's compensation. The compensation of remuneration is mainly the consideration of the temporal fixed asset of the employee in the service of an employer. Determining the amount of compensation should also be linked to this temporal coefficient. But, changing patterns of pay and the new rule’s organization of working time contradicts this premise. Nowadays, the amount of remuneration becomes more dependent on the performance of the employee or on the economic results of the company that the time spent on hold at the disposal of the employer.

South Africa has in recent years seen employees embarking on strike actions from different employment sectors. This impacts adversely on inter alia the economy, investor confidence and the high rate of unemployment. As will be pointed out in the research, BMW took a decision in 2013 to stop production into South Africa as a result of the labour unrest that caused them to lose 13000 cars in production and to miss supply targets. The strike in the construction industry in August to September 2012, cost employers an estimated R2.7 billion in lost revenue. The research is aimed at establishing the cause of the unrest that is affecting South Africa. The strike action should be the ultimate weapon when negotiations between the employer and employees have failed. Parties to the employment relationship are encouraged through the LRA and the Constitution to engage in collective bargaining. Mechanisms such as organisational rights, bargaining forums, freedom of association, no duty to bargain are aimed at achieving orderly collective bargaining. Despite the current labour laws in place, which in my view are not onerous, negotiations still fail. Could it be that the trade unions are desperate to gain and maintain popularity and as a consequence present the employer with unreasonable demands? Could it be that collective bargaining process needs to be revisited? Educating trade union leaders should be considered as one of the factors in arriving at a solution. Some employers are considering alternatives rather than increasing their labour force. With the high unemployment rate, this is a worrying reality and a solution is urgently required. / Dissertation (LLM)--University of Pretoria, 2014. / lk2014 / Mercantile Law / LLM / Unrestricted