<p>I denna uppsats undersöks vilka skillnader och likheter som finns mellan svensk och rysk arbetslagstiftning och rättsläget gällande uppsägningar från arbetsgivarens sida. Studien omfattar tre viktiga moment när arbetsgivarens frihet begränsas i ett uppsägningsförfarande. Med dessa moment avses de villkor som måste iakttas för att en arbetsgivare ska kunna säga upp en eller flera arbetstagare, de procedurregler som gäller inför en uppsägning och de formerna av anställningsskydd som garanteras arbetstagarna i samband med en uppsägning.</p><p> </p><p>Slutsatsen av undersökningen är att svensk och rysk arbetsrätt visar upp flera gemensamma drag och att dessa beror på att ländernas regleringar utgått från samma minimikrav i ILO:s konventioner. Studien visar också på betydande olikheter. Exempelvis saknar några av de regler som utgör själva kärnan i det svenska anställningsskyddet vid uppsägningar någon motsvarighet i rysk arbetsrättslagstiftning.</p><p> </p><p>Dessutom bidrar den brist på enhetlig reglering i den ryska lagstiftningen att skillnader i fråga om anställningsskydd uppstår till nackdel för arbetstagare. I förhållande till svensk arbetslagstiftning är därmed den ryska arbetslagstiftningen sämre ur arbetstagarsynpunkt.</p>

During year 2007 ClaraHälsan Ltd bought the company health service Solstahälsan in Karlstad. The wide merger of the two health services the problems arose around the employees’ employment agreements when certain parts of the agreement differ. At a transition of a company, in this case a health service, the rights and obligations for the employees will pass on to the new employer according to directive 2001/23/EG who came in force in the swedish legal system in year 1995. The former employer is only responsible vis-à-vis the employees ”for economic obligations related to the time before the transition, the code of protection of employment 6 b §. The new employer are committed to the old employment agreement vis-à-vis the employees during at least one year. At a transition the employment will automatically pass on to the new employer who will take over the rights and obligations in connections to the transition. It is not the collective agreement in whole that will pass on to the new employer, only the employment conditions in the collective agreement. The purpose of this essay is to examine what will happen to the employment conditions when two companies become one through a transition, especially pension benefits.

<p>An analysis of the various forms of child labour since the industrial revolution illustrqtes that the primary focus was on working children and regulating their admission to employment and conditions of work, as demonstrated by the eventual adoption of the International Labour Organisation's Convention No. 138 concerning the Minimum age for Admission to Employment in 1973. Although the 20th century also ushered in the International censure for human rights violations in the form of supra-national binding conventions on slavery, forced labour and trafficking, these efforts had no specific focus on children and there was no internationally binding legal instrument that recognised the economic exploitation of children extended far beyond mere working conditions and employment issues to commercial sex exploitation, debt bondage and slavery. This thesis sought to evaluate the theoretical and practical soundness of Convention 182 generally in relation to South Africa more specifically.</p>

An analysis of the various forms of child labour since the industrial revolution illustrqtes that the primary focus was on working children and regulating their admission to employment and conditions of work, as demonstrated by the eventual adoption of the International Labour Organisation's Convention No. 138 concerning the Minimum age for Admission to Employment in 1973. Although the 20th century also ushered in the International censure for human rights violations in the form of supra-national binding conventions on slavery, forced labour and trafficking, these efforts had no specific focus on children and there was no internationally binding legal instrument that recognised the economic exploitation of children extended far beyond mere working conditions and employment issues to commercial sex exploitation, debt bondage and slavery. This thesis sought to evaluate the theoretical and practical soundness of Convention 182 generally in relation to South Africa more specifically. / Doctor Legum - LLD

<p>An analysis of the various forms of child labour since the industrial revolution illustrqtes that the primary focus was on working children and regulating their admission to employment and conditions of work, as demonstrated by the eventual adoption of the International Labour Organisation's Convention No. 138 concerning the Minimum age for Admission to Employment in 1973. Although the 20th century also ushered in the International censure for human rights violations in the form of supra-national binding conventions on slavery, forced labour and trafficking, these efforts had no specific focus on children and there was no internationally binding legal instrument that recognised the economic exploitation of children extended far beyond mere working conditions and employment issues to commercial sex exploitation, debt bondage and slavery. This thesis sought to evaluate the theoretical and practical soundness of Convention 182 generally in relation to South Africa more specifically.</p>

No description available.

The South African labour law stands central in the economic sphere of the country. The relationship between an employer and an employee is therefore paramount. When an employee is dismissed, such person is subjected to the strictest possible sanction in the workplace environment and ultimately it also deprives a household of a major (sometimes exclusive) source of income. Unemployment holds economic and social consequences for both the person as well as the economy as a whole. The fairness of any possible dismissal is for this reason an important point of departure. The Constitution of the Republic of South Africa, Act 108 of 1996 emphasise the importance hereof, inter alia, by the enschrined right to fair labour practices, a right not only reflected in the Labour Relations Act of 1995, but also acknowledged in case law. The focus areas discussed in this dissertation are the importance of and the manner in which legal representation (being a fundamental principle underlying the right to fair labour practices and the notion of “fairness”) is applied in the current labour dispute resolution forums of South Africa. The dissertation engages in the debate regarding the question whether legal representation should always be allowed and should be recognized as an undisputed right and in all fora or not. Various interests are considered against the historical background and development of this issue in our law, legislation and the interpretation thereof by stakeholders. The specific focus of this study within the South African context includes the following: <ul> <li> The concept “legal practitioner” in the general legal profession.</li> <li> The right to legal representation at the Commission for Conciliation Mediation and Arbitration (hereinafter the “CCMA”).</li> <li> The historical development of the CCMA and the existence of specialist tribunals.</li> <li> The possible constitutional attack on the regulatory framework of legal representation before the CCMA.</li> <li> The benefits and the criticism attached to the current legal position regarding legal representation in the CCMA.</li></ul> This study recommends that our law should be revised regarding the issue of the regulation of legal representation before the CCMA and to unify and / or simplify the law in this regard in order to create legal clarity and certainty once and for all. This should be done without parting with the principles already referred to. The recommendation is that legal representation should be allowed in all labour fora and under all circumstances, obviously with the only limitation that it may be excluded in exceptional circumstances similar to the rules regulating for example criminal procedure. It is also suggested that constitutional intervention is necessary to adhere to the requirements of modern labour law. The right to be represented have always been part of our law in general. The process, procedure, rights and regulations setting the parameters of the game should therefore be clear, unambiguous, direct in application and uniform in labour law as well. This will ensure settlement of labour law disputes in accordance with constitutional principles as could be expected in an open and democratic society. Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

The Labour Relations Act 66 of 1995(LRA) is the primary legislation regulating employment relations in South Africa. Despite its effort to provide adequate protection to employees employed in various capacities, the LRA seems to have fallen short when it comes to atypical employees. Before the LRA was amended in 2015, Temporary Employment Services (TESs) were largely unregulated; this provided ample opportunities for clients to exploit the vulnerable TES employees. It is this abuse and exploitation which lead to the introduction of the section 198A(3)(b) of the LRA(deeming provision). The deeming provision applies to TES employees who earn below the monetary threshold stipulated in section 6(3) of the Basic Conditions of Employment Act 75 of 1997. This is an effort by the legislature to reduce the exploitation of employees working in atypical forms of employment. Despite these efforts, the deeming provision has been subject to a lot of debate particularly with regard to its correct interpretation and application. It is against this background that this dissertation will focus on the ways in which the deeming provision has been interpreted by trade unions and labour brokers. This dissertation will also discuss the judgement handed down in Assign Services (Pty) limited v National Union of Metalworkers of South Africa and Others (2018) 39 ILJ 1911 (CC), to determine whether the court provided sufficient clarity about the meaning behind section 198A(3)(b) of the LRA. / Mini Dissertation (LLM)--University of Pretoria, 2020. / Mercantile Law / LLM / Unrestricted

The dissertation seeks to scrutinise the definition of sexual harassment in the workplace. It seeks to analyse the legislation and the 1998 Code of Good Practice on the Handling of Sexual Harassment Cases read together with the 2005 Code, in order to establish whether the definition of sexual harassment and its application in the workplace is clear and concise. The dissertation seeks to answer some important questions: Has the definition not been stretched too far in a way that leads to challenges in its application? Have the tribunals and courts decided on what is sexual harassment in the workplace, with certainty? Have the courts over the years interpreted the definition in such that employees and employers understand exactly what sexual harassment is? This is important because, out of a definition an act is defined, employees charged, found guilty and dismissed on sexual harassment charges. The tribunals and courts also, rely on the same definition to determine disputes. Court decisions set precedents and cements the law. Certainty is key in any society as it enables members to self-monitor their behaviour. The paper also investigates the USA and Canada jurisdictions for comparison. What can we learn from these jurisdictions, when coming to handling of sexual harassment cases, or is the South African position better? / Mini Dissertation (LLM)--University of Pretoria, 2020. / Lewis Stores (Pty) Ltd / Mercantile Law / LLM / Unrestricted

Includes bibliographical references (leaves 53-54). / The paper undertakes to research a spatial and skills mismatch in the city of Cape Town. The argument is that industry is moving towards the north of the city and away from areas of the south east. This physically displaces low and semi-skilled employees or potential employees who work or seek work in these firms. Areas of the south east are typically inhabited by low and semi-skilled workers who are forced to seek work away from where they live. This is because their areas are economically inactive and do not offer much prospects for development or employment in the current situation. We find that prospective employees or those already employed have to endure lengthy and expensive commutes to work on a daily basis. The city transport system, which includes bus, train and taxis, seems to be still largely inefficient and does not serve these employees well, or is not readily accessible in all the areas it is needed. The research was conducted in the industrial areas of Montague Gardens, Blackheath, Paarden Island, Epping Industria, Airport Industria and Phillipi. These areas were chosen because being industrial areas they would typically have a large number of low to semiskilled workers employed in their firms. Unlike professional or service related firms who would typically employ more qualified or educated (in terms of tertiary qualifications) workers. An interview schedule was prepared and we went to these areas and interviewed which ever firms agreed to it. The firms in the area were chosen in no specific way, we literally went for door to door asking for participants. The research was qualitative in nature, the interview questions were detailed and in depth (see appendices for actual schedule) and lasted for about 20m ins depending on the amount of time the interviewees were willing to spare. The results were analysed by comparing the reasons for relocating amongst each firm, the aim was to try and decipher what were the driving factors of this spatial shift and what implications it had for employees who had to endure these commutes. The significant findings are that the relocation or the move towards the north is driven by the availability of land or space and price. The north seems to offer more affordable premises and much more land, thus more value for money. There are adequate parking and storage facilities. Firms hardly considered workers in their search for new locations. Further south east employees are not left out of potential employment because of their physical distance from these economic nodes, most employees have managed to organise themselves and get to work, even with an unbalanced transport system.