229 results on '"DISMISSAL"'
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2. ОСОБЛИВОСТІ МІЖНАРОДНО-ПРАВОВОГО РЕГУЛЮВАННЯ РОЗІРВАННЯ ТРУДОВОГО ДОГОВОРУ З ІНІЦІАТИВИ РОБОТОДАВЦЯ
- Author
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В., Андріїв and Т., Вахонєва
- Abstract
The article examines the peculiarities of the legal regulation of the international legal regulation of the termination of the employment contract at the initiative of the employer. The opinion is expressed that the fundamental international acts adopted in this area, in particular, the ILO Convention No. 158 of 1982, the ILO Recommendation No. 166 of 1982, the European Social Charter (updated) of 1996, are aimed at finding a balance between the employer's exercise of his right on the dismissal of employees depending on certain established reasons and ensuring their right to protection against discriminatory and unjustified dismissal. It has been established that, unlike the European Social Charter, the norms of Convention No. 158 are somewhat stricter, as they establish single unifying provisions regulating the dismissal of workers, which in most cases may not always meet the interests of some I LO member states. It is noted that the contents of Convention No. 158, ILO Recommendation No. 166 and the European Social Charter do not always contain identical approaches to the regulation of labor relations. This applies to the issues of early warning of the employee about future dismissal, the period of notice of dismissal, justification of the decision to terminate the employment contract with the employee, payment of severance pay upon dismissal, payment of monetary compensation in case the dismissal of the employee is recognized as illegal, and consultation of the employer with the representatives of the employees. Based on the analysis of scientific points of view and legislation, the author comes to the conclusion that international labor standards are necessary to ensure the stability of labor relations, however, in modern conditions, they require a transformation regarding the flexible regulation of the balance of interests of the parties in the event of the termination of such relations. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
3. REGIMUL JURIDIC AL TERMENULUI DE PREAVIZ.
- Author
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MOARCĂŞ, CLAUDIA-ANA and ZĂRNESCU, VALENTINA LIDIA
- Subjects
LABOR contracts ,INDUSTRIAL relations ,RESPONSIBILITY ,RIGHTS ,LITERATURE - Abstract
Termination of the individual employment contract requires a thorough understanding of the notice period. Whether dismissal or resignation, an understanding of the legal requirements and notice periods is crucial for both employers and employees, especially in a context where many issues are not covered by legislation and where judicial practice and literature are not unanimous in their solutions. This article analyses the specifics of each termination method, the procedure/formalities to follow and how to calculate the notice period, ensuring a clear understanding of the rights and responsibilities involved in the termination process. [ABSTRACT FROM AUTHOR]
- Published
- 2024
4. Posouzení právní úpravy propuštění ze služebního poměru příslušníků bezpečnostních sborů z důvodu dlouho-dobého pozbytí zdravotní způsobilosti z pohledu zákazu diskriminace
- Author
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Fiala, Zdeněk and Mlezivová, Kristýna
- Abstract
Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
5. Pracovněprávní pojetí funkce děkana na veřejné vysoké škole.
- Author
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Jirásko, Vojtěch and Podrazil, Petr
- Abstract
Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
6. Exploring the Experiences of Living With the Post‐COVID Syndrome: A Qualitative Study.
- Author
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Kalfas, Michail, Jolley, Caroline, Hart, Nicholas, Rafferty, Gerrard F., Duncan, Emma L., Nicholson, Timothy, Ashworth, Mark, Brewin, Debbie, Barrett, Barbara, Witard, Oliver C., Ridge, Damien, and Chalder, Trudie
- Subjects
HEALTH services accessibility ,HEALTH status indicators ,QUALITATIVE research ,SELF-management (Psychology) ,POST-acute COVID-19 syndrome ,INTERVIEWING ,SEX distribution ,HEALTH ,REFLECTION (Philosophy) ,INFORMATION resources ,FUNCTIONAL status ,PSYCHOLOGICAL adaptation ,EXPERIENCE ,THEMATIC analysis ,QUALITY of life ,RESEARCH methodology ,ATTITUDES of medical personnel ,SOCIAL support ,PATIENTS' attitudes ,ACTIVITIES of daily living ,PSYCHOSOCIAL functioning - Abstract
Introduction: Many people experience persistent symptoms for more than 12 weeks following SARS‐CoV‐2 infection, which is known as post‐COVID‐19 condition (PCS) or Long COVID (LC). PCS can impair people's quality of life and daily functioning. However, there is a lack of in‐depth research exploring the PCS patient journey, as well as gendered aspects of patients' experiences. Methods: Nineteen semi‐structured qualitative interviews were conducted with people living with PCS in the United Kingdom (13 women, 6 men). Interviews were transcribed verbatim and analysed inductively using reflexive thematic analysis. Results: Five main themes were identified: 'Symptom dismissal', 'Lack of information and support', 'Life before and after Long COVID', 'Psychological impact' and 'Acceptance'. A shift overtime to self‐management of symptoms was evident. These themes represent different stages of patients' PCS journey. Narratives indicated that women highlighted dismissal by healthcare professionals (HCPs), which was not as prominent in men's narratives. In addition, women went into more detail about the psychological impact of PCS compared to men. Conclusion: Women with PCS reported symptom dismissal by HCPs, which may have delayed their diagnosis and negatively affected their well‐being. We were not able to explore the experiences of people from non‐conforming gender groups. Raising awareness of these issues among HCPs, particularly general practitioners, could improve patient care in PCS. Patient or Public Contribution: Patient and public involvement consisted of people who took part in the interviews and commented on the themes' interpretation and study conclusions. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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7. HIV AIDS IN THE CONTEXT OF THE LABOUR MARKET IN ROMANIA.
- Author
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SICREA, Cosmin-Constantin
- Abstract
HIV-AIDS continues to represent an obstacle hindering the professional advancement of the HIV-positive person. We are still witnessing a slight tendency of Romanian employers to inform themselves about the problems caused by HIV-AIDS on the labour market. Even so, the stigmatization of HIV-AIDS at work remains critical for Romania. In most countries, although policy measures and action strategies are in place to combat the epidemic, labour law, discrimination and stigma based on HIV status in the workplace remain a sensitive area that is difficult to control. At the legislative level, Romania has regulated the medical examination upon employment by which a person is medically fit or not to carry out an activity in the labour field. Thus, any person goes through the stages of this control based on the certificate issued by the family doctor. Certain professional fields are still conditional in our country on HIV testing. So on the basis of a positive HIV test a person may be refused a job. In Romania, HIV testing at employment is required in the case of certain fields, especially in those where there is a greater risk of virus transmission or where the health status of the employee may affect the safety of others. The lack of clear mechanisms to sanction these forms of abuse leads to a perpetuation of this unwanted phenomenon, that of exclusion, dismissal or abuse both by the employer and by co-workers. [ABSTRACT FROM AUTHOR]
- Published
- 2024
8. Dismissal, legibility and the normalising of colonial misrecognition.
- Author
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Sheth, Falguni
- Subjects
DISCRIMINATION lawsuits ,DIASPORA ,HEGEMONY ,JUDICIAL discretion ,IMPERIALISM - Abstract
The judicial act of dismissal in discrimination cases involving diasporic or minority populations is part of a larger cultural approach to diasporic subjects. Racial dismissal includes judicial as well as larger cultural forms of dismissal, whereby an authority judges a speaker's grievances as implausible or unworthy of consideration, often due to cases of misrecognition or illegibility to a hegemonic culture or authority. Here the author draws on Kristie Dotson's notion of epistemic silencing, which illustrates that grievances from diasporic subjects are dismissed because they fall outside settler-colonial norms, and are apprehended as trivial or illegitimate. Hence, dismissal is based on a sustained and protected misrecognition of diasporic populations. [ABSTRACT FROM AUTHOR]
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- 2024
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9. Dutch dismissal practices: characteristics, consequences, and contrasts in residents' case law in community-based practice versus hospital-based specialties.
- Author
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Godschalx-Dekker, Judith and van Mook, Walther
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JUDGE-made law ,PRACTICE of law ,LEGAL procedure ,SUMMATIVE tests ,RESIDENTS - Abstract
Background: In the Netherlands, 2 to 10% of the residents terminate training prematurely. Infrequently, termination of training is by dismissal. Incidentally, residents may disagree, dispute and challenge these decisions from the programme directors. Resident dismissal is always a difficult decision, most commonly made after, repeated assessments, and triangulation of the resulting assessment data and one or more remediation attempts. Nevertheless, the underlying reasons for dismissal and the policies for remediation and dismissal may differ between training programmes. Such differences may however impact the chance of remediation success, the chance of dismissal and subsequent residents' appeals. Method: We included a total of 70 residents from two groups (community-based and hospital-based specialties) during 10 years of appeals. Subsequently, we compared these groups on factors potentially associated with the outcome of the conciliation board decision regarding the residents' dismissal. We focused herein on remediation strategies applied, and reasons reported to dismiss residents. Results: In both groups, the most alleged reason to dismiss residents was lack of trainability, > 97%. This was related to deficiencies in professionalism in community-based practice and medical expertise in hospital-based specialties respectively. A reason less frequently mentioned was endangerment of patient care, < 26%. However, none of these residents accused of endangerment, actually jeopardized the patients' health, probably due to the vigilance of their supervisors. Remediation strategies varied between the two groups, whereas hospital-based specialties preferred formal remediation plans in contrast to community-based practice. A multitude of remediation strategies per competency (medical expertise, professionalism, communication, management) were applied and described in these law cases. Discussion: Residents' appeals in community-based practice were significantly less likely to succeed compared to hospital-based specialties. Hypothesised explanatory factors underlying these differences include community-based practices' more prominent attention to the longitudinal assessment of professionalism, the presence of regular quarterly progress meetings, precise documentation of deficiencies, and discretion over the timing of dismissal in contrast to dismissal in the hospital-based specialties which is only formally possible during scheduled formal summative assessment meetings. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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10. Analysis of the Mechanism for Dismissal of Judges of the Constitutional Court by the House of Representatives of the Republic of Indonesia.
- Author
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Anogara, Surya, Ferdiansyah, Mochammad, Esfandiari, Fitria, and Sumali
- Subjects
CONSTITUTIONAL courts ,JUDGES ,LEGAL documents ,DISMISSAL & nonsuit ,CONSTITUTIONAL law - Abstract
The Constitutional Court Law has regulated mechanisms related to the dismissal of constitutional judges. However, in practice, Constitutional Court judges can be dismissed unilaterally by the House of Representatives. This is not based on existing legal provisions regarding the dismissal of Constitutional Court judges. The formulation of the problem in this study is to analyze the mechanism for dismissing judges of the Constitutional Court of the Republic of Indonesia by the House of Representatives and the juridical implications. This research aimed to find out and analyze the mechanism of dismissal of constitutional judges by the DPR RI and find out its juridical implications. The research method used is normative juridical research method. The results of this study are first, the mechanism for dismissing judge Aswanto carried out by the DPR that has violated the mechanism for dismissing judges contained in the Constitutional Court law. Therefore, the dismissal carried out by the DPR is contrary to the law. Second, the juridical implications, among others, will become a precedent for other proposing institutions to carry out the dismissal of Constitutional Court judges, reducing the independence of the Constitutional Court. The Honorary Council of the Constitutional Court cannot play a major role in the mechanism for dismissing MK judges. [ABSTRACT FROM AUTHOR]
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- 2024
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11. სამსახურიდან გათავისუფლების შესახებ ინდივიდუალური ადმინისტრაციულ- სამართლებრივი აქტის გასაჩივრების ვადის ათვლა: ერთ საქმესთან დაკავშირებით საქართველოს უზენაესი სასამართლოს ორი აქტის ანალიზი.
- Author
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ტუსაშვილი, თამარ
- Subjects
ADMINISTRATIVE procedure ,PUBLIC interest law ,APPELLATE courts ,CONSTITUTIONAL courts ,LEGAL judgments - Abstract
Article 127 of the Law of Georgia on Public Service and Article 22 of the Code of Administrative Procedure of Georgia establish a one-month period for appealing orders, decrees, decisions, and actions issued on official matters to the court. Determining the starting point of this term is crucial to ensure that the addressee of the act has an effective and efficient mechanism to respond. This article examines the one-month time limit for appealing an individual administrative-legal act concerning a person’s dismissal, using two acts of the Supreme Court of Georgia-a decision and a ruling, both related to the same case-as examples. The primary issue lies in the varying interpretations of the norms and different assessments of the factual circumstances of the case, leading to disparate practical outcomes. [ABSTRACT FROM AUTHOR]
- Published
- 2024
12. Nulidad de un despido disciplinario ante la vulneración del derecho fundamental a la libertada ideológica -Comentario a la STC de 3 de julio de 2023-.
- Author
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LÓPEZ BEDMAR, RAFAEL JOSÉ
- Subjects
EMPLOYEE rights ,LEGAL judgments ,CONSTITUTIONAL law ,FREEDOM of expression ,CIVIL rights - Abstract
Copyright of Revista Crítica de Relaciones de Trabajo, Laborum is the property of Ediciones Laborum S.L. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
13. The Power of the Employer to Terminate Employment Contracts: A Comparative Study between the UAE and Egypt.
- Author
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Eldakak, Ahmed
- Subjects
CONTRACT employment ,LABOR contracts ,LABOR laws ,EMPLOYERS ,CONTRACT negotiations ,EMPLOYEE rights - Abstract
Labour law grants an employer the power to terminate an employment contract without the worker's consent when he is guilty of serious misconduct. This power can also be exercised when the employer has legitimate cause even if the worker has not committed any misconduct. This article compares how legislators in the UAE and Egypt regulate this power. The Emirati legislator has recently passed Law No. 33 of 2021, which updated the dismissal causes list and enabled the employer to terminate definite term contracts for a legitimate cause. The Egyptian legislator is currently debating the employer's power to terminate employment contracts in a discussion of the bill on employment law, which will soon replace the current Labour Law No. 12 of 2003. The article concludes that the various legal rules in the UAE and Egypt can be transplanted to balance the rights of employers and workers. [ABSTRACT FROM AUTHOR]
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- 2023
- Full Text
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14. Are employer-dismissed older workers adequately compensated? Comparison of Australian and UK age discrimination and dismissal cases.
- Author
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Gardiner, Elliroma and Debrulle, Jonas
- Subjects
AGE discrimination ,AGE discrimination in employment ,DISMISSAL & nonsuit ,RETIREMENT age ,ANTI-discrimination laws ,POLICE chiefs ,COMPARATIVE method ,WORKERS' compensation - Abstract
This paper focuses on the legal remedies for age discrimination and dismissal of older workers, identifying the factors that courts and tribunals in Australia and the United Kingdom (UK) consider when calculating compensation for two forms of damages: injury to feelings and future losses. A secondary aim is to determine whether these factors adequately consider the unique workforce participation challenges faced by older workers in both countries. Considering the similarities between Australian and UK age discrimination law and given that the latter jurisdiction has had considerably more successful cases than the former, this study adopts a comparative approach and draws on UK cases to inform the development of Australian age discrimination law. Analysis of all successful Australian and a selection of successful UK age discrimination and dismissal cases spanning from 2017 to 2020 suggests that Australian law might be strengthened by: adopting a scale of awards similar to the guidelines established in Vento v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871 (' Vento ') for recognising and awarding injury to feelings; and by more readily awarding future losses, particularly for claimants who plan to work or who are already working past retirement age. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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15. POROVNÁNÍ ZÁNIKU SLUŽEBNÍHO POMĚRU VOJÁKA Z POVOLÁNÍ A SKONČENÍ PRACOVNÍHO POMĚRU ZAMĚSTNANCE COBY MOŽNÉHO NÁSLEDKU PRAVOMOCNÉHO ODSOUZENÍ V TRESTNÍM ŘÍZENÍ
- Author
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KUČERA, TOMÁŠ
- Subjects
MILITARY service ,DISMISSAL of employees ,CRIMINAL procedure ,EMPLOYEE reviews ,EMPLOYEE services ,CRIME - Abstract
This study is focused on the consequences of a final conviction in criminal proceedings on the military service of a professional soldier in comparison with the employment of an employee. To provide a better understanding, a basic description of termination of both relationships is offered prior to examination of the main subject of the paper. Further on, the consequences of a final conviction in criminal proceedings on the military service of a professional soldier and on the employment of an employee are reviewed with a finding of great similarities. First of all, before the very formation of the relationship, a candidate's clean criminal record is a must-have in case of military service and might be a must-have in case of some (specific) employment. Secondly, in case of a conviction and sentence to imprisonment (with no specific length of imprisonment) for an intentional crime, a professional soldier must be dismissed from the military service but an employee may (in regular cases) be dismissed only if they are sentenced to imprisonment for six (or twelve) months for an intentional crime. Finally, the study offers proposals de lege ferenda. One of them is to remove the necessity of giving a convicted soldier an extra two months after the final conviction is delivered by court before soldier's military service is terminated. Another is to dispose of the limitation for the employer consisting of the prohibition of termination of employment with protected employees (pregnant employee, employee on maternity or paternal leave). [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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16. Hidden Otolaryngology Malpractice Claims: An Internal Review From 2000 to 2020.
- Author
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Fadel, Mark A., McCoy, Jennifer L., Kidwell, Richard, Voinchet, Robert, Johnson, Jonas T., and Simons, Jeffrey P.
- Abstract
Objective: To report key characteristics and patterns of captive insurance claims not publicly reported in otolaryngology across a large tertiary‐level academic health system over the previous 2 decades. Study Design: Case series. Setting: The tertiary care health system. Methods: The internal captive insurance database at a tertiary level healthcare system was queried to identify otolaryngology‐related malpractice claims regardless of final disposition (settled or dismissed) filed from 2000 to 2020. The date of the incident, date of claim, error type, patient outcome, provider subspecialty, total expenses, disposition, and final reward amount were recorded. Results: Twenty‐eight claims were identified. There were 11 (39.3%) claims from 2000 to 2010 and 17 (60.7%) claims from 2011 to 2020. Head and neck surgery was the most frequently implicated subspecialty (n = 9, 32.1% of all cases), followed by general otolaryngology (n = 7, 25.0%), pediatrics (n = 5, 17.9%), skull base/rhinology (n = 4, 14.3%), and laryngology (n = 1, 3.6%). Improper surgical performance was cited in 35.7% of cases (n = 10), followed by failure to diagnose (n = 8, 28.6%), to treat (n = 4, 14.3%), and to obtain informed consent (n = 3, 10.7%). While 2 cases are ongoing, a total of 17/26 (65.4%) cases were settled and 20/26 (76.9%) dismissed some or all parties. Dismissed claims had significantly higher expenses (p =.022) and duration from incident to disposition (p =.013) compared to settled claims. Conclusion: This study expands the malpractice landscape in otolaryngology by including data not readily available through public sources and compares it to national trends. These findings encourage otolaryngologists to better gauge current quality and safety measures that best protect patients from harm. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
17. La ineficacia del despido y la salvaguardia de los derechos del padre en relación con el próximo nacimiento de su hijo.
- Author
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Guaranga Chafla, Jorge Leonardo, Villacrés Mejía, Jorge Alexander, Vargas Adriano, Jhoel Estefano, and Berrones Lluguay, Gladys Nicol
- Subjects
LABOR laws ,WORK environment ,EMPLOYERS ,INDUSTRIAL relations ,EMPLOYEE rights ,POSSIBILITY - Abstract
Copyright of Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
18. Análisis del Juicio de Amparo como medio de protección para la aplicación de la vacuna contra el virus SARS-CoV2 en menores de edad; una contribución al cumplimiento de los objetivos de la agenda 2030 para el Desarrollo Sostenible.
- Author
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Arenas Valdés, Raúl Horacio and de Jesús Sánchez Jaramillo, Emmanuel
- Subjects
LEGAL judgments ,RIGHT to health ,LAW students ,SUSTAINABLE development ,DISMISSAL & nonsuit ,SARS-CoV-2 - Abstract
Copyright of Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
19. Towards a European Concept of Protection against Unjustified Dismissal.
- Author
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Ushakova, Tatsiana
- Subjects
EUROPEAN Union law ,DISMISSAL of employees ,ARTIFICIAL intelligence ,TELECOMMUTING ,SOCIAL policy - Abstract
The purpose of the study is to examine trends in protection against dismissal in the field of European Union law. It aims to analyse the latest instruments, such as the EPSR and Directives 2019/1152 and 2019/1158. In this regard, it considers to what extent the new legal acts contribute to the development of a European concept of dismissal and how new realities (teleworking or artificial intelligence) affect the protection of the worker against unjustified dismissal. The technological factor, which has been accentuated in pandemic and post-pandemic situation, will dictate the new needs for protection against dismissal. It seems clear that Article 30 CFR provides a legal basis for the development of a common concept, oriented towards protection against unjustified dismissal at EU level. Furthermore, it is relevant that a certain coherence in the approaches of different legal systems, those of the European Union, the Council of Europe and the International Labour Organisation (ILO), is ensured through the links between the CFR, the ESC (Revised) and the ILO Convention No. 158 on Termination of Employment. [ABSTRACT FROM AUTHOR]
- Published
- 2023
20. On the "Incompetence" of Officials and Their Dismissal in the Han Dynasty.
- Author
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Jiang Bo
- Abstract
"Incompetence" originally meant that one thing cannot withstand other things. During the Warring States period, the word gradually became a common term for describing officials who were unable to do their job properly. There are many records of "incompetent" officials in the bamboo and wooden slips and handed down documents of the Han Dynasty in the Juyan area, and the meanings of the word had been further expanded in the Han Dynasty to include not only insufficient personal ability, but also negligence, poor health, weak personality, and poor performance assessment results. In the Han Dynasty, the most common treatment of incompetent officials was dismissal. Depending on specific circumstances, their punishments included dismissal from one official position and reassignment to another or, in the most common case, dismissal from all official positions. In addition, their superiors or recommenders were also held accountable. As compared to other types of incompetent officials, the weak and those frontier incompetent ones were more severely punished. The refinement and differentiation in identifying and punishing "incompetent" officials in the Han Dynasty were the result of the development of the ancient bureaucratic system itself and also a reflection of the Han Dynasty's expanding territory and increasing achievements. [ABSTRACT FROM AUTHOR]
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- 2023
- Full Text
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21. Dismissal Law in Spain.
- Author
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García-Muñoz-Alhambra, Antonio
- Abstract
Dismissal Law in Spain: This article describes the main lines of dismissal law in Spain, with a focus in the most recent reforms and debates. The first section presents the constitutional and legal framework of dismissal law. Section 2 describes the different types of dismissal and the central principles of dismissal law in Spain, namely, the principle demanding a valid reason or cause to dismiss (causalidad); the principle according to which the dismissal must comply with certain formal elements (forma), and the principle of judicial control of the decision to dismiss. Section 3 describes the reasonable grounds for dismissal, while in section 4the focus is on the procedural aspects and terms. Section 5 addresses the legal consequences deriving from each type of dismissal, such as reinstatement and severance pay. In section 6, the article briefly describes the last reforms in dismissal law, including the derogation of dismissal for absenteeism, the prohibition of certain types of dismissal during the COVID-19 pandemic and the novelties introduced by Law 15/2022. Finally, the article outlines, in the last section, some of the debates on future reforms of dismissal law that are taking place in Spain. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
22. DISCRIMINATION IN THE WORKPLACE - AN ANALYSIS OF THE CASE LAW OF THE ROMANIAN NATIONAL COUNCIL FOR COMBATING DISCRIMINATION ON WRONGFUL TERMINATION OF THE INDIVIDUAL EMPLOYMENT CONTRACT.
- Author
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VOLOSEVICI, Dana
- Subjects
CONTRACT employment ,INDUSTRIAL relations ,JUDGE-made law ,LEGAL documents ,LABOR contracts ,EMPLOYEE rights ,DISCHARGE of contracts - Abstract
Discrimination in the workplace takes the form of a variety of behaviours, which could come from colleagues, subordinates and superiors. The acts are all the more serious in cases where the employer, taking advantage of the inequality of the parties in the legal employment relationship, distorts the provisions of the Labour Code, using them to create a situation affecting the employee's rights or an intimidating, hostile, degrading or offensive environment, in order to force the employee to terminate the employment relationship. This article presents the case law of the Romanian National Council for Combating Discrimination in the field of access to employment and profession, presenting some relevant cases of discrimination perpetrated by abusive application of the legal provisions on dismissal for reasons unrelated to the person of the employee, disciplinary dismissal, reinstatement of the unlawfully dismissed employee and termination of the employment contract at the initiative of the employee. [ABSTRACT FROM AUTHOR]
- Published
- 2023
23. REFLEXIONES ACERCA DE LOS EFECTOS SANATORIOS DE LOS PROGRAMAS DE COMPLIANCE PENAL RESPECTO DE LA RESPONSABILIDAD PENAL DE LA PERSONA JURÍDICA: ¿REALIDAD O MITO?
- Author
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Liñán Lafuente, Alfredo
- Subjects
CRIMINAL liability ,LEGAL liability ,DISMISSAL & nonsuit ,ACTIONS & defenses (Law) ,EXONERATION - Abstract
Copyright of Revista de Derecho UNED is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
24. On- and off-duty conduct(or): a feminist critical discourse analysis of two dismissals of a railway worker.
- Author
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Grant, James D. and Mercer, Danielle
- Subjects
CRITICAL discourse analysis ,INDUSTRIAL relations ,MISOGYNY ,ARCHAEOLOGICAL excavations ,FEMINISTS ,CONDUCTORS (Musicians) - Abstract
Purpose: The authors sought to examine how hegemonic masculinity and sexism functioned in a storied, historic corporation, a test of MAnne's (2017) claim that misogyny is a structural phenomenon rather than being about anger and hatred of individual men. Design/methodology/approach: This study was an archaeological excavation of discourse in a well-documented employment relationship. The researchers were informed by feminist poststructuralism and drew on critical discourse analysis of labour arbitration and media from the case of a woman, twice wrongfully dismissed. Findings: The authors concluded that the employer was the site of hegemonic masculinity, which led to a train conductor being repeatedly targeted and demeaned in a bad faith and discriminatory manner for disrupting the conductor's employer's patriarchal strictures. The authors found that misogyny shaped the conductors's experience as a repeated pattern of abuse, a gendered feature of a patriarchal organisation, and a coercive matter of maintaining the conductor's subordination. The authors also found that the male arbitrator in the conductor's second dismissal arbitration became complicit in misogyny by penalising the conductor for acts of resistance, giving the employer what the employer wanted, to purge the conductor for violating the patriarchal norms. Originality/value: The authors traced how a historic corporation demonstrated vulnerability to the resistance of a lone female worker, who faced discriminatory, disturbing and bad faith managerial behaviour in the creation of the conductor's own meaning and resistant identity. The authors concluded that evidence of the regulation of employee relations, such as the decisions of arbitrators, can reveal the processes and outcomes of work under hegemonic masculinity, sexism and misogyny. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
25. Anonim Ortaklık Yönetim Kurulu Üyesinin Görevden Alınması Açısından Haklı Sebep Unsurunun Türk Ticaret Kanunu Düzenlemeleri Bakımından Değerlendirilmesi.
- Author
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ÖZDEMİR, İbrahim Akan
- Subjects
CORPORATE directors ,STOCK companies ,LAW partnership ,REASONABLE care (Law) ,TRUST - Abstract
Copyright of Sakarya University Journal of Law Faculty (SHD) is the property of Sakarya University Journal of Law Faculty (SHD) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
26. Do deficiencies in CanMEDS competencies of dismissed residents differ according to specialty?
- Author
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Godschalx-Dekker, Judith A., Gerritse, Frank L., van Mook, Walther N. K. A., and Luykx, Jurjen J.
- Subjects
INFERENTIAL statistics ,SCHOOL discipline ,RESEARCH methodology ,FAMILY medicine ,RETROSPECTIVE studies ,INTERNSHIP programs ,CONTINUING medical education ,SEX distribution ,COMPARATIVE studies ,OUTCOME-based education ,CLINICAL competence ,DESCRIPTIVE statistics ,CHI-squared test ,PROFESSIONALISM ,MEDICAL specialties & specialists - Abstract
Program directors dismiss a small percentage of residents from residency training programs, presumably due to underperformance or lack of progress. Whether underperformance in competency domains differs by residents' specialty is unknown. In 2021, we analysed the case law of Dutch residents who were dismissed from training by the program director, and who challenged this dismissal before the national conciliation board between 2011 and 2020. Across medical specialties we compared which of the CanMEDS competency domains these residents failed to meet. We found 116 cases of residents dismissed from their training programmes who challenged the decision of the program director before the board. In general, most residents were unable to meet the requirements of several CanMEDS competency domains (usually: medical expert, communicator, and professional). In surgery, all dismissed residents failed to meet the competency domain of the medical expert, while most of the dismissed psychiatry residents met this domain. In specialties with a primarily diagnostic task, more dismissed residents failed to meet the competency domain of the scholar, while dismissed general medicine residents (for example family medicine and nursing homecare) were less likely to do so. Residents in general medicine, more often than other specialties, however, failed to meet the competency domain of the professional. Residents dismissed from training, who challenged their dismissal, failed to meet the requirements of multiple CanMEDS competency domains. Competency domain failures differ by specialty. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
27. Aspectos laborales de la Ley 15/2022, de 12 de julio, integral para la igualdad de trato y la no discriminación. En particular, el despido en situación de enfermedad: nuevos criterios legales y primeros pronunciamientos judiciales.
- Author
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Galán Gutiérrez, Carlos Javier
- Abstract
Copyright of e-Revista Internacional de la Protección Social is the property of e-Revista Internacional de la Proteccion Social and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
28. Current Issues of the Service Relationship of Security Forces Members in the Court of Justice Case Law and the Impact on Public Service Practice.
- Author
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FIALA, Zdenek, MLEZIVOVA, Kristyna, and SOVOVA, Olga
- Subjects
PUBLIC interest law ,JUDGE-made law ,DIGITAL literacy ,ARMED Forces ,PSYCHOLOGICAL resilience ,COMPUTER literacy ,LITERACY - Abstract
The paper examines selected decisions of the European Court of Justice concerning the dismissal from service of members of the security forces. The article focuses on members' health capacity loss. The paper also highlights related issues such as ordering and reimbursing overtime work and duty readiness. The paper points out how the European Court of Justice case law influences the decision-making activity of service officials in general. The Czech armed corps practice and case law exemplify research issues. The authors place the solution to individual questions in the broader context of legal regulation to enable a more comprehensive understanding. The authors underline the critical attributes on which the service relationship of members of the security forces is conceptually built and controlled. Considering the most significant judgments of the European Court of Justice, the authors pond over the implementation of service relationship principles into European member states' legal and managerial practice. The authors examine the mentioned challenges through desk research and analyses of European and national legal legislation and case law. In conclusion, the authors evaluate the practical service needs of the security forces concerning the medical fitness of their members. Future legislation should consider the demands for physical fitness and psychological resilience, as well as the need for digital literacy of a public servant. [ABSTRACT FROM AUTHOR]
- Published
- 2023
29. No Limit on Terms Served?: Explaining the Tenure of Incumbent Governors in Russia during Medvedev's Presidency.
- Author
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Paustyan, Ekaterina
- Subjects
ALLEGIANCE ,INCUMBENCY (Public officers) ,GUBERNATORIAL elections ,GOVERNORS ,ECONOMIC indicators ,ELECTIONS - Abstract
This article aims to explain the tenure of incumbent governors in Russia studying what conditions have accounted for their reappointment and dismissal in the period of 2008–12. Qualitative comparative analysis of 32 cases reveals that the ability of incumbent governors to deliver high voting results at national elections has not been necessary for their reappointment. In turn, low economic performance of the regions was one of the sufficient conditions accounting for gubernatorial reappointment, while regions' high economic performance was one of the sufficient conditions leading to their dismissal. These results suggest that instead of prioritizing governors' political loyalty over regions' economic performance, President Medvedev replaced incumbents in Russia's wealthiest regions, regardless of their performance, in order to establish federal control there. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
30. A MEDIAÇÃO E A CONCILIAÇÃO NOS CARTÓRIOS EXTRAJUDICIAIS.
- Author
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Ferreira Thomaz, Mariane and Branquinho Pini, Maria Paula
- Subjects
DISPUTE resolution ,CONFLICT management ,BIBLIOGRAPHY ,AWARENESS ,MACHINERY - Abstract
Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
31. ЗВІЛЬНЕННЯ ЗІ СЛУЖБИ (З ЛАВ НПУ): ОРГАНІЗАЦІЯ, ПРАВОВЕ РЕГУЛЮВАННЯ ТА СОЦІАЛЬНІ НАСЛІДКИ.
- Author
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Івоніна, А. О. and Логінова, М. В.
- Subjects
INDUSTRIAL relations ,POLICE - Abstract
This work examines the issue of dismissal from service (from the ranks of the NPU). Issues related to organization, legal regulation and social consequences are considered. It is noted that there are three stages of dismissal from the ranks of the NPU. The first stage is the adoption of a decision on dismissal, where the question of the admissibility of termination of service relations is decided. The II stage consists in the collection and coordination of the documents necessary for the dismissal of the employee. At this stage, draft orders are prepared, which contain information about the reasons for dismissal, personal data of the employee and the relevant clause of the law. The third stage includes registration of the fact of termination of relations with the National Police body, which involves the exclusion of the employee from the personnel lists, signing of the bypass letter and carrying out a financial settlement. The organization of dismissal from service in the ranks of the NPU is based on the relevant legal acts regulating the dismissal procedure and the grounds for making such a decision. A detailed study of these regulations allows you to understand the rights and obligations of the parties involved in the dismissal process, as well as to determine the procedure for its implementation. The article pays special attention to the legal regulation of the dismissal procedure. It has been analyzed that the norms are defined by legislation and highlight the order of their application. This analysis is based on the provisions of laws regulating the activities of the National Police. A separate part of the article is an analysis of the social consequences of dismissal from service. Dismissal can have a serious impact on the psychological state of the employee, his social status and financial stability. As a conclusion, it is said that the procedure for the dismissal of police officers includes several consecutive stages that ensure the legality and formality of this process. Each stage has its own important role in ensuring the correct termination of service relations and compliance with the established requirements of the law. This article analyzes in detail the organization of dismissal, its legal regulation and social consequences, which makes it interesting and useful for researchers and practitioners. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
32. PROBLEMATYKA WYGAŚNIĘCIA MANDATU ŁAWNIKA SĄDÓW POWSZECHNYCH ORAZ JEGO ODWOŁANIA.
- Author
-
KRZYŻEWSKI, Łukasz
- Subjects
LEGAL norms ,JUDGES ,LEGAL documents ,ADMINISTRATIVE courts ,APPELLATE courts ,DISCHARGE of contracts - Abstract
Copyright of Studies in Law & Economics / Studia Prawno-Ekonomiczne is the property of Lodz Scientific Society / Lodzkie Towarzystwo Naukowe and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
33. Determinants and consequences of auditor switching during fiscal year‐end audit fieldwork.
- Author
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Kim, Bum‐Joon, Mande, Vivek, and Son, Myungsoo
- Subjects
AUDITORS ,RATE of return on stocks ,AUDIT risk ,FISCAL year - Abstract
We compare a group of firms switching auditors while their annual audit is underway (LateSwitches) with two control groups: firms switching their auditors during the fourth quarter of the fiscal year and firms switching their auditors during the first three quarters. First, we find that LateSwitches tend to be riskier with regard to litigation risk, audit risk and business risk. Second, we find that LateSwitches have a higher chance of announcing restatements and receiving going concern opinions in the first year of audit with the successor auditor. Despite the higher risks, we fail to find that LateSwitches disclose more adverse events in Forms 8‐K than other groups. We also document that stock market returns following an auditor change are more negative for LateSwitches. These results indicate that LateSwitches stand to face significant negative consequences when the relationship with their auditor is terminated abruptly in the final phases of an audit. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
34. Genel Kurulun Yönetim Kurulu Üyelerini Azil Yetkisinin Sınırlandırılması.
- Author
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Yanlı, Veliye and Veziroğlu, Cem
- Abstract
Copyright of Istanbul Law Review / İstanbul Hukuk Mecmuası is the property of Istanbul Law Review / Istanbul Hukuk Mecmuasi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
35. (الطرد التعسفي لمعامل من قبل صاحب العمل في ظل جائحة كورونا(دراسة مقارنة.
- Author
-
م. رنا مجيد صالح ا
- Subjects
LABOR laws ,LABOR contracts ,DISCHARGE of contracts ,EMPLOYEE rights ,CONTRACT employment ,RIGHTS ,EMINENT domain - Abstract
Copyright of Journal of Nabo is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
36. The New Dawn Birthed by Amendments to Section 187(1)(C) of the Labour Relations Act 66 of 1995: A Reflection on National Union of Metalworkers of South Africa and Others v Aveng Trident Steel.
- Author
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Dlamini-Jordan, Thobekile and Tavuyanago, Simbarashe
- Subjects
DISMISSAL & nonsuit ,LEGAL judgments ,CONSTITUTIONAL courts ,METALWORKERS ,STEEL - Abstract
This article assesses the challenges precipitated by the amendments to the South African Labour Relations Act concerning dismissals for operational requirements. The contribution analyses a seminal judgment by the Constitutional Court, which marked the first case to have been heard regarding the amended section 187(1)(c) of the Labour Relations Act. The methodology employed is that of a qualitative case study which is the most suitable approach as we discuss a Constitutional Court judgment. The research notes that section 187(1)(c) of the LRA created and will continue to create contention between employers and employees where employers view dismissal for operational requirements as a legitimate reason for dismissal, and employees see it as a guise to dismiss them unfairly. The article also finds that while the Constitutional Court made a definitive pronouncement on the legitimacy of the section as a reason for dismissal, it, however, created a vacuum in terms of the test to be used in determining whether section 187(1)(c) is the true reason for dismissal in a particular case. It concludes by emphasising the importance of certainty in the law and offers suggestions on which test should be applied moving forward. This contribution will be of critical importance to legal practitioners regarding future litigation on section 187(1)(c) and academics as it opens the potential for further research and legislative development. [ABSTRACT FROM AUTHOR]
- Published
- 2023
37. 牙醫於任期內 遭違法解僱之事案.
- Subjects
INDUSTRIAL relations ,PAY for performance ,CONTRACT labor ,WAGES ,PLAINTIFFS ,LABOR contracts - Abstract
Copyright of Angle Health Law Review is the property of Angle Publishing Co., Ltd. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
38. La extinción del contrato de trabajo manifestada a través de WhatsApp.
- Author
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TALÉNS VISCONTI, Eduardo Enrique
- Subjects
LABOR contracts ,DISMISSAL of employees ,WRONGFUL discharge ,EMPLOYERS - Abstract
Copyright of Revista Internacional y Comparada de Relaciones Laborales y Derecho del Empleo is the property of ADAPT University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
39. TÜRKİYE VE AMERİKA BİRLEŞİK DEVLETLERİ'NDE ÜST DÜZEY KAMU GÖREVLİLERİNİN GÖREVDEN ALINMA USULÜ VE DAVALARI.
- Author
-
YILMAZ, Ahmet Yusuf
- Abstract
Copyright of ASBU Law Journal is the property of Social Sciences University of Ankara and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
- View/download PDF
40. THE POLITICISATION OF THE UK CIVIL SERVICE: CAUSES, MANIFESTATIONS, AND EVOLUTIONS.
- Author
-
Marsons, Lee and Marique, Yseult
- Subjects
CIVIL service ,INTEGRITY ,POLITICAL agenda ,REPORT writing ,RHETORIC & politics ,PUBLIC interest - Abstract
Copyright of Revista Catalana de Dret Públic is the property of Revista Catalana de Dret Public and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
- View/download PDF
41. İslâm Vakıflar Hukukunda Mütevelli'nin Mali Tasarrufları.
- Author
-
GÜRBÜZ, Mehmet and ERDEM, Mehmet
- Abstract
Copyright of Firat University Faculty of Theology / Fırat Üniversitesi İlahiyat Fakültesi Dergisi is the property of Firat University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
- View/download PDF
42. Pregnant and jobless: A contextualizing analysis of pregnancy dismissal in Israeli labour court rulings.
- Author
-
Bar-On Shmilovitch, Naama, Blumen, Orna, and Tzafrir, Shay S.
- Subjects
LABOR courts ,LEGAL judgments ,PREGNANT women ,LABOR laws ,PREGNANCY discrimination ,DISCRIMINATION (Sociology) - Abstract
Discrimination against pregnant employees is widespread despite labour laws aimed at protecting them. Pertaining to recently emerging research on pregnancy in the workplace, including pregnancy discrimination, this study considered the gravest manifestation of direct discrimination, and one that has been neglected to date: dismissal during pregnancy. Inspired by John's contextual theory, we sought to identify the socio-economic profile of dismissed pregnant employees, illustrating their uneven distribution across the labour market. This overlooked actuality of pregnancy dismissal was studied in Israel, an environment where labour laws extensively protect pregnant employees. We focused on nearly two decades (2004–2020) of cases litigated in Israeli labour courts. This study adds to the research on pregnancy in the workplace with a new perspective that not only illuminates a frequent yet hardly addressed reality but also reveals its social variability, deconstructing the generalized vulnerability that pregnancy often connotes for women employees. Finally, directions for future research and implications for the labour market, legislators and policymakers are put forward. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
43. EMPLOYEES' RIGHT TO FREEDOM OF EXPRESSION THROUGH SOCIAL MEDIA IN SOUTH AFRICA.
- Author
-
KANAMUGIRE, Jean Chrysostome and FAKU, Osman Bantu
- Subjects
EMPLOYEE rights ,SOCIAL media ,FREEDOM of expression ,LABOR laws ,CIVIL rights ,EMPLOYEE misconduct ,REPUTATION - Abstract
Dismissal for social media misconduct is a common practice in South African constitutional and labour laws. It generally occurs when employees exercise their right to freedom of expression in social media which sometimes affects the employers' right to a good name or reputation. Prior to the transition to democracy in 1994, employees experienced challenges in exercising their right to freedom of expression. Under the current constitutional era, this right is enshrined in the Bill of Rights and contains internal limitations and can also be limited by the law of general application. Nevertheless, there is no specific statute which deters the misuse of social media in South Africa. Employers often exercise disciplinary measures and dismiss employees for conducts that impede on their right to good name and reputation. It is often difficult for employers to dismiss employees as there are no specific guidelines on the regulation of social media misconduct with regard to the potential conflict between the employees' right to freedom of expression and the employers' right to dignity or good name in South African workplaces. This often leaves employers with no remedy when the conduct of the employees on social media, in their own personal capacity, has potential to damage the reputation of their employers either directly or indirectly. Employees should be responsible in the use of social media and always avoid any conduct that can damage the reputation of their employers. They can be held liable in case they damage the good name of their employers through social media. [ABSTRACT FROM AUTHOR]
- Published
- 2022
44. PROBLEMS OF THE TRANSFORMATION OF LABOR LEGISLATION ACCORDING TO THE CONDITIONS OF THE MARITAL STATE IN UKRAINE.
- Author
-
Khatniuk, Nataliia, Pobiianska, Nelli, and Oblovatska, Nataliia
- Subjects
LABOR laws ,MARTIAL law ,EMPLOYEE rights ,DISMISSAL of employees - Abstract
The main ways of adapting labor legislation in accordance with the conditions of martial law are revealed, the innovations and individual issues of changes in labor relations under the conditions of martial law in Ukraine are analyzed. Since the issue of limiting, violating and protecting the labor rights of employees, and expanding the labor rights of employers became quite relevant with the onset of martial law, the authors focused on the important provisions of the amended labor legislation and tried to explain the theoretical and practical features of the application of new labor legislation. After all, war times require the adoption of difficult and unpopular decisions in other spheres of life, in particular, in labor relations. The main aspects of the transformation of labor legislation in wartime conditions were studied, the content of the updated provisions of the legislation was revealed, namely, on the dismissal of employees, on the procedure for suspending an employment contract, registration of layoffs and vacations, on changing the terms of wages and on increasing working hours. The positive and negative aspects of changes in labor legislation at such a difficult time for Ukrainian society are analyzed. At the same time, the authors of the article revealed the mechanisms, provided by the current labor legislation, which, although aimed at maximum compliance with the rights and guarantees for employees, cannot always be fulfilled by employers in martial law conditions. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
45. Patients' Perceptions of Health Care Providers' Dismissive Communication.
- Author
-
Hildenbrand, Grace M., Perrault, Evan K., and Rnoh, Rachel HeeJoon
- Subjects
BEHAVIORAL assessment ,OFFENSIVE behavior ,AGE distribution ,PATIENT satisfaction ,PATIENTS' attitudes ,SEX distribution ,COMMUNICATION ,HEALTH ,INFORMATION resources ,PATIENT-professional relations ,ETHNIC groups ,EMOTIONS ,MEDICAL appointments ,LISTENING ,PATIENT education - Abstract
Some patients experience negative interactions with health care providers, such as when they perceive that their concerns are ignored by providers. The present study, guided by patient-centered communication, examined health care provider communication behaviors that resulted in patients feeling dismissed, and whether there were differences in providers who dismissed being perceived as (dis)similar to the patients in gender, race/ethnicity, or age. U.S. adults claiming they felt dismissed by a provider were asked to recall demographic information they perceived about the provider and what the provider said that was dismissive. Responses were coded for emergent themes. Results revealed that younger, female, and non-White participants most frequently reported being dismissed by a dissimilar provider. Patients felt dismissed when they perceived that providers were rude or did not take action, provided poor information, did not believe patients, rushed the visit, or were uninformed. Providers may want to avoid these behaviors and could consider obtaining training in supportive communication behaviors such as providing validation to patients and listening to patients in order to enhance patient satisfaction. Patients can also receive communication training to take a more active role in their medical encounters by learning to effectively ask questions, express preferences, and speak up for themselves. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
46. La falta de intervención de la defensa en la fase intermedia del procedimiento abreviado.
- Author
-
Reda, Abdalla Khalaf
- Subjects
CONSTITUTIONAL courts ,LEGAL judgments ,POSSIBILITY ,ARGUMENT ,DEFENDANTS - Abstract
Copyright of Justicia is the property of Libreria Bosch, S.L. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
47. İş Sözleşmesini Haklı Nedenle Fesheden Tarafın Tazminat Talep Hakkı.
- Author
-
ALPAGUT, Gülsevil
- Subjects
LABOR contracts ,BREACH of contract ,JOB security ,CONTRACT employment ,INDUSTRIAL relations ,DISCHARGE of contracts - Abstract
Copyright of Çalışma ve Toplum is the property of Calisma ve Toplum and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
- View/download PDF
48. Anti-money laundering obligations and dismissal of bankers: evidence from Malaysia.
- Author
-
A. Rahman, Aspalella and Abdul Wahab, Harlida
- Subjects
PREVENTION of money laundering ,DISMISSAL of employees - Abstract
Purpose: This paper aims to analyse the anti-money laundering (AML) obligations imposed on bankers as the main reporting entities under the AML regime in Malaysia. Apart from discussing the relevant provisions, several court cases were also examined to identify the problems which arise in the implementation of the law and the risk of dismissal that bankers may face. Design/methodology/approach: This paper mainly relies on statutes and court cases as its primary sources of information. It is supported by secondary data to justify the analysis. This paper also uses an analytical descriptive approach to analyse relevant provisions from statutes and to examine current court cases regarding the implementation of the AML obligations on bankers. Findings: It is submitted that the AML legislation imposes a significant burden of reporting requirements on the bankers, failure of which may justify the dismissal or termination of their services. In other words, the law has not only altered the way bankers deal with their customers but also poses substantial legal risks to their security of tenure. Indeed, getting the right balance between the need to combat money laundering and the interests of bankers is a difficult exercise. Originality/value: This paper provides an analysis of the liability of bankers under Malaysian AML laws. It is hoped that the content of this paper can provide some insight into this particular area for bankers, enforcement authorities, practitioners, academics, policymakers and legal advisers, not only in Malaysia but also elsewhere. The findings of this paper also highlight the risks that bankers may face for non-compliance with the reporting obligations under the AML laws. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
49. ¿Serán los futuros padres un nuevo colectivo especialmente vulnerable frente a un eventual despido? A propósito de la STSJ Madrid 21 marzo 2022.
- Author
-
MARTÍNEZ MORENO, Carolina
- Subjects
DISMISSAL of employees ,EMPLOYEE selection ,MOTHERHOOD ,BIRTHPARENTS ,ANTI-discrimination laws - Abstract
Copyright of Revista Internacional y Comparada de Relaciones Laborales y Derecho del Empleo is the property of ADAPT University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
50. Holding Up a Democratic Facade: How 'New Work Organizations' Avoid Resistance and Litigation When Dismissing Their Managers.
- Author
-
Degen, Johanna L. and Zekavat, Massih
- Subjects
FLEXTIME ,EXECUTIVES ,SOFT power (Social sciences) ,FACADES - Abstract
New work is used as a general term to summarize professional developments in contemporary work style, structure and modus of organizations and society—this means collaborative work and flexible working hours on individual levels, and flat hierarchies and participatory decision-making on organizational levels. Contemporary corporations strive to orient toward the concept of new work to keep up with stakeholder demands, for instance in their branding strategies as an employer. However, studies on organizational practices indicate that alongside explicit values and agendas, organizations tend to slyly exert power to secure their (economic) interests. Constructive dismissal is one such instance where contractually protected employees are made to resign their positions because the work environment is altered to become increasingly unbearable. This research analyzes two case studies to explicate routine dismissal procedures at the managerial level in two internationally operating German corporations. Both corporations explicitly profile as new work environments and are structured according to democratic principles including flat hierarchies, feature institutionalized diversity management including control committees for equal opportunities, and emphasize values such as workplace dignity, employee agency, and equality. The data contain long-term participatory observation collected over a 6-month period from two managers of 5 and 8 years of experience in managerial duties. The content analysis of data reveals characteristics of everyday processes in these organizations especially in terminating managers. The findings are presented as the ' model of the silent dismissal ,' containing seven types of managerial termination carried out by implicit power and symbolic conventions that circumvent subject participation and litigation in an effortless manner. After exposing the model's mechanisms, we turn to discuss its meaning for both terminated and surviving subjects against a critical theoretical framework of neoliberalism, democracy, and power. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
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