The purpose of this thesis is to clarify the grounds upon which an arbitration clause may be binding in the new relationship between the parties after a transfer of rights and/or obligations. The issue is not regulated by law but instead it has been left to the Supreme Court to regulate. In the Emja-case the Swedish Supreme Court left guidance on the issue. The Supreme Court stated that a third party purchaser of a right where the contract includes an arbitration clause shall be bound by the clause. The arbitration clause is only binding to the remaining part of the initial agreement if no special circumstances exist. The binding effect was justified by the reason that a situation where the purchaser but not the remaining part should be bound to the clause was not sought after and the principle through the 27 § of the Swedish debt instruments act.

The Constitution of India provides the basis of labour jurisprudence in the country. It promises right to work, right to livelihood, right against forced labour, right against child labour, equal treatment of all workers, equal pay for equal work, appropriate conditions at work, and the overall social, economic and political justice to the people. These constitutional promises find specific expression in the numerous labour-related statutes enacted in furtherance of workers’ welfare. However, the constitutional promises remain unrealized for the approximately 92% of informal workers who are largely excluded from the purview of the labour laws and accordingly, lead marginalized and precarious lives devoid of dignity. Against this backdrop, I analyze whether a capabilities-inspired approach to labour law can address the concerns of informal workers in India and promote their dignified life. After reviewing the literature around informal economic activities, I argue that it is important to adopt a worker-centered approach that focuses on informal employment. Informal employment is varied and because of this the problems and concerns associated with the different categories of informal workers differ. For this reason, I focus on one specific category of informal activity – waste-picking – in one city – Kolkata – in order to ascertain whether a human development approach to labour law is capable of addressing the specific concerns of these waste-pickers. Drawing on the work of labour law scholars who develop the capability approach formulated by Amartya Sen, I consider whether it is suitable as a basis for labour law designed for informal workers in general and waste-pickers in particular. Using a case study of the informal activity of waste picking in Kolkata, I identify the specific capability deprivations suffered by waste-pickers and argue that the capabilities approach can supplement the International Labour Organization’s social dialogue pillar of its Decent Work Agenda to address the work-related concerns of waste-pickers. Based on the International Labour Organization’s social dialogue strategy, I envisage a mechanism through which waste-pickers along with other stakeholders could be integrated in a democratic dialogue process leading to the formulation of a capability-promoting labour law. / Graduate / 0510 / 0398 / 0629 / supriyonujs@gmail.com

The subject of Master thesis – the development and role of collective agreements as the source of law in the framework of Lithuanian labour law. This postgraduate thesis consist of three chapters. The conceptions of the source of law and the collective agreement are presented in the first chapter. Functions of the collective agreement, its historical origin are being discussed here as well. The source of law has many means. According to natural law the source of law means the source of standarts of law and the source of knowledge of law. According to positive law doctrine the source of law is the form of expressing of law. The author tried to analises collective agreement from these two points of view. It is also defined social and law conceptions of the collective agreement. In social sense collective agreement means compromise between two groups of society – employers and employees, achieved by collective bargaining. In law sense it is body of contract laws which regulates labour conditions. The collective agreement has these funktions – lagal (or regulative) and social (peace keeping function, informative function, educative function). But main function is regulative function. In the second chapter the author analyses the development of collective agreements in different periods of Lithuanian history. The author also presents the reasons, which cause that the collective agreement, as the sourse of labour law, is not popular. The third chapter deals with the role of... [to full text]

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Diss. Stockholm : Stockholms universitet, 2006.

Thesis title: Selected issues of status of a professional athlete This paper deals with a status of a professional athlete in relation with sports organisation in which he realises sporting activities. After analysing today's praxis and the whole complex of relations of professional athlete related to his sporting activities author supports an idea that the relation of a professional athlete and the club is similar to the one of an employee and an employer of that intesity that incorporation of status of a professional athlete to the status of an employee in Czech republic is only a matter of time. That is why in latter part of the paper there are analysed some of the main enactments of the czech code of labour which would be in case of the incorporation mentioned above de facto incompatible. Before uncovering lots of problems which would be caused by adoption of status of an employee by a professional athlete in team sports the work heads to the international area, where it elaborately examines some of the most significant cases dealt with by the European Court of Justice. Above all there can again be seen undisputable tendency of taking a professional athlete similar to an employee. Furthermore the significant role of European law in affecting intrastate law and the posibility of pressure on...

Thesis title: Employment by Appointment This thesis deals with Employment by Appointment. Employment by Appointment is atypical unilateral legal act, that is specified by the Labour Code as one of the two ways of establishing employment in Czech law system. The aim of this thesis is to describe and analyse the above listed problem, evaluate its importance for current labour relations, highlight some problems in its application and finally to bring up some considerations de lege ferenda. This thesis is divided into six chapters. The first chapter describes the charter and usage of the Employment by Appointment legal institute in Czech law. The second chapter delves deeper into the evolution and development of Czech labour law, with the focus on the history of the Employment by Appointment legislation. In the third chapter I have looked into the establishment of employment, its essential elements as subject, object and content, with a more detailed analysis of staff manager legislation. The fourth chapter explains the content and formal requirements of Employment by Appointment, the possibilities to establish the fixed-term or indefinitive employment and the managers contract. Here I also describe the relation between this institute and employment based on contract. In the fifth chapter I take a...

Notice of termination of employment This thesis aims for closer analysis of current legislation of notice of termination of employment. The thesis also refers to other ways of termination of employment as it is important to put notice of termination into a broader context. Second aim of this thesis is to offer proposals of amendments de lege ferenda. These proposals should reflect the protective nature of labour law as well as endeavour to adjust labour law to modern needs of flexibility. The thesis consists of eight chapters. The first chapter introduces labour law in its basics and describes its relation to civil law from both historical and modern perspectives. Second chapter reveals and describes the structure of both national and international sources of labour law. Third chapter analyses basic principles that affect employment relationship and links them to basic principles of civil law. In fourth chapter, the thesis focuses on other forms of termination of employment in current legislation. Following four chapters are the core of this thesis. Fifth chapter describes current legislation of notice of termination of employment including notice of termination by both employee and by employer, all legal reasons from which employer can terminate an employment and any other possible limitations...