Orientador: Carlos Alonso Barbosa de Oliveira / Tese (doutorado) - Universidade Estadual de Campinas, Instituto de Economia / Made available in DSpace on 2018-08-06T18:05:13Z (GMT). No. of bitstreams: 1 Biavaschi_MagdaBarros_D.pdf: 59651202 bytes, checksum: e32c7c96a15f844f0889c5653e6fb400 (MD5) Previous issue date: 2005 / Resumo: Esta tese busca, em síntese, resgatar os fundamentos do Direito do Trabalho em tempos em que os direitos sociais sofrem forte abalo e em que as instituições republicanas parecem sucumbir à força de um desejo implacável de remover todos os obstáculos ao livre fluxo do capital, à expansão das grandes corporações e do capital financeiro internacional, tendo como foco um país de capitalismo tardio como o Brasil. Com a preocupação de desvendar as principais fontes materiais de um ramo do Direito com princípios e fisionomia própria e de verificar como foram impulsionadas as instituições do Estado aptas a fiscalizá-lo e a concretizá-lo, demonstra que a idéia de que a legislação trabalhista brasileira é cópia da Carta Del Lavoro é insustentável tanto teórica quanto empiricamente. Com ênfase no período de 1930-42, mas com um espectro maior de duração, apresenta uma leitura de um período específico da ¿Era Vargas¿, em que esse Direito se afirmou no Brasil como um estatuto jurídico universal. Procedendo a uma abordagem mais geral do quadro socioeconômico do Brasil de então, busca compreender o papel do Estado na institucionalização das regras sociais de proteção ao trabalho e as razões de sua ação coordenadora ter sido decisiva para que esses direitos e as instituições que os concretizam se criassem, sem que essa abordagem signifique, ao contrário, adesão ao ¿mito da outorga¿ / Doutorado / Economia Social e do Trabalho / Doutor em Desenvolvimento Economico

LL.M

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2006.

Thesis (LLM)--University of Limpopo, 2010 / The study evaluates the common law position regarding the principle of legitimate expectation at the workplace. Under the common law, the employer had the power to hire and to fire as he or she pleased. The employer could either fire for a good reason or for a bad one or for no reason at all, provided the dismissal was on notice. In other words the employer was not required to show good cause for terminating the contract or to inform them employee of such reasons as they may be or to follow any special procedures before termination. It was not possible for the employee to raise question of legitimate expectation by then. The study exposed the complexity of this principle in our current labour laws. The two schools of thoughts regarding the principle have been analysed herein and a proper recommendation was made.

Thesis (M. Soc. Sc.)--University of Hong Kong, 1986.

Thesis (M.B.A.)--University of Hong Kong, 1988.

Thesis (M.P.A.)--University of Hong Kong, 1992.

This thesis examines and compares German and British trade union responses in a European context following the recent European enlargements which are unprecedented in the history of the European Union. In terms of labour law, a majority of the ten Central and Eastern European countries which acceded in 2004 and 2007 combine weak domestic labour protection systems with a high proportion of workers and enterprises keen to take advantage of their free movement rights under the European Treaty. This has created a climate of fear amongst workers and trade unions in old Member States that their economic and social position is being threatened by those workers and enterprises who may avail themselves of their rights under the Treaty in order to engage in ‘social dumping’. Historically, the European Union has sought to counteract these fears by ‘europeanising’ certain aspects of national legal systems in order to alleviate competition. However, the ‘europeanisation’ of different labour law systems has always proved problematic due to the socio-cultural context within which national labour laws have developed. Following the recent European enlargements, the debate on the role of the EU in ‘europeanising’ national social and legal practices has been revived. In particular, European enlargement has thrown up changed regulatory and opportunity structures for the social partners. These structural changes at a European level have occurred primarily as a consequence of an increase in the free movement of workers, services and establishment. Against this background, the purpose of this thesis is to undertake a comparison of the responses of German and British trade unions to the challenges posed by the recent European enlargements. A successful comparison and analysis of the responses of trade unions enables a determination of the impact that trade union responses may have on new Member State workers availing themselves of their free movement rights under the EU Treaty. There is an intense debate as to how, and if, social partners at a national and European level may be able to contribute to, or hinder, the protection of new Member State workers in Germany and the UK. Depending on how trade unions respond their contribution may be viewed as positive or negative. However, this thesis yields suggestions as to how trade unions could respond in order to facilitate the integration of new Member State workers into the host labour markets and proposes a new model for studying aspects of europeanisation.

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.

Paid domestic work is the most important occupation for urban Mozambican women after self-employment. Domestic workers perform the reproductive and productive functions necessary to keep households running and the economy growing. Despite the importance of this sector, it is characterised by low wages, long hours, rigorous schedules, and vulnerability to abuse. In 2008, Mozambique’s National Assembly passed Decree 40/2008, extending labour protections to domestic workers. There is significant debate however about whether labour protection can transform working conditions in such an intimate sector. Domestic work takes place in isolation, behind the closed doors and high walls of private homes; it consists of intimate tasks, adding a personalness to the employment relationship; and working conditions are negotiated one-on-one with employers. Drawing on historical research, primary observations and semi-structured interviews with key informants and domestic workers in Maputo’s central city, this study discusses the opportunities and limitations of legislating worker justice in an intimate profession. It explores how the institutional and regulatory framework both enables and prevents improvements in working conditions; how domestic workers leverage these institutions to advance their interests; and the informal strategies and tactics they use concurrently. The study suggests that Decree 40/2008 has had limited direct impact on working conditions. Its ambiguous language, poor dissemination, and weak regulatory structure, combined with the precarious nature of Maputo’s labour market and entrenched power relations between workers and employers, mean that domestic workers exhibit high levels of accommodation or patience, preferring to wait for conditions to improve or better options to surface, than to make outright demands from employers. However, this study also suggests Decree 40/2008 has galvanised domestic worker organising, creating a focus of mobilisation and advocacy with the potential to profoundly affect working conditions in this sector. In the context of a fractured labour movement however, domestic worker organising has become a battleground for autonomy, power, and resources. It is still too early to know whether domestic workers will ultimately benefit. / Thesis (M.Dev.Studies)-University of KwaZulu-Natal, Durban, 2012.