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Copyright of Revista de Derecho de la Seguridad Social, 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.)

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]

Under the employment relationship, the achievement of an objective fixed by the employer may be relevant in terms of verifying the fulfillment of the employment obligation. The difference between the results expected and those achieved is considered a sign of negligence. If the discrepancy is relevant, this constitutes a significant contractual breach, which may lead to a justified subjective reason dismissal (defined as “poor performance dismissal”). This interpretation becomes particularly meaningful with regard to law no. 81/2017 allowing the stipulation in the agile work agreement of forms of organisation by stages, cycles, and objectives. Paying particular attention to the jurisprudence on dismissal for poor performance, the contribution examines what role the setting of objectives in the agile work agreement plays and what consequences may arise if these objectives are not met.

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]

Health service psychology (HSP) programs, encompassing clinical, counseling, and school psychology, play a pivotal role in shaping the U.S. health care workforce. Practicum and internship sites are critical gatekeepers within this training. However, there is limited empirical evidence available regarding the prevalence of clinical dismissal and its consequences for affected trainees. To bridge these gaps in our understanding of clinical dismissal during HSP training, Study 1 conducted an analysis of a quantitative survey involving training directors (N = 123) from HSP academic programs. The results revealed that 28% of programs reported at least one trainee having been dismissed from a practicum or internship site within the past seven years, with an overrepresentation of racial minority and international trainees. In addition, PsyD programs (56%) exhibited a significantly higher likelihood of having dismissed trainees compared to PhD programs (23%) over the same period. In Study 2, qualitative interview data were collected from ten trainees who had experienced dismissal during their HSP training. Using the Consensual Qualitative Research method, we identified six distinct domains, each comprising unique categories and subcategories: Antecedents to dismissal, reasons for dismissal, process of dismissal, chain reactions, trainee impact, and recommendations. Taken together, this mixed-method study highlights that clinical dismissal is not an uncommon occurrence in HSP training and raises significant concerns about the current implementation process. We illuminate structural issues and offer recommendations to improve the process of clinical dismissal within the HSP field. Public Significance Statement: This mixed-methods study reports the prevalence of clinical dismissal from practicum and internship for health-service psychology trainees, as well as demographic trends within dismissal. Interviews with trainees who have lived experiences of dismissal highlight the ambiguous nature of such procedures and their personal and professional impacts on trainees. Recommendations to create more equitable and empowered environments for trainees are provided. [ABSTRACT FROM AUTHOR]

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.)

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.)

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]

La prelibertad concedida al ex vicepresidente de la República del Ecuador Jorge David Glas Espinel a través de la acción de hábeas corpus y su computo de la pena ha sido controversial tanto para la ciudadanía, así como para el mundo del derecho. Con ello ha aumentado la crítica y opinión acerca de los hechos sucedidos a partir de la continuación de su pena domiciliaria. Fueron cuatro las ocasiones en las que se plantearon medidas de seguridad entre las que suscitaron destitución y revocación hasta que finalmente el 28 de noviembre del 2022 obtuvo la boleta para su liberación de la cárcel nº4. A partir de ahí se realiza un análisis jurídico y cronológico desde la primera circunstancia en que fue concedida la garantía hasta su salida del centro penitenciario tomando como referencia el estudio del hábeas corpus desde su concepción. Para ello se analiza esta garantía jurisdiccional y su manejo mediante entrevistas en profundidad con expertos del área con la finalidad de evidenciar el papel que ha jugado esta herramienta de protección establecida en la Constitución la cual puede conformar la contrafigura de lo que promulga. The pre-release granted to the former Vice President of the Republic of Ecuador Jorge David Glas Espinel through the action of habeas corpus and calculation of the sentence has been controversial both for the general public as well as for the world of law. With this, criticism and opinion have arisen about the events that occurred after the following of his house sentence. There were four occasions on which security measures were raised, including those that led to dismissal and revocation until finally on November 28, 2022, he obtained the ticket for his release from jail no. 4. From there, a legal and chronological analysis is carried out from the first circumstance in which the guarantee was granted until his departure from the penitentiary center, taking as a reference the study of habeas corpus since his conception. For this reason, this jurisdictional guarantee and its management are analyzed through in-depth interviews with experts in the area in order to demonstrate the role of this protection tool established in the Constitution, which can form the counterfigure of what it promulgates.

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]

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]

AbstractIntroductionMethodsResultsConclusionsInsufficient introspection as part of the 4I’s model of medical professionalism (introspection, integrity, interaction, and involvement) is considered an important impediment in trainees. How insufficient introspection relates to decisions to terminate residency training remains unclear. Insights into this subject provide opportunities to improve the training of medical professionals.We analysed the Dutch Conciliation Board decisions regarding residents dismissed from training between 2011 and 2020. We selected the decisions on residents deemed ‘insufficient’ regarding introspection as part of the CanMEDS professional domain and compared their characteristics with the decisions about residents without reported insufficiencies on introspection.Of the 120 decisions, 86 dismissed residents were unable to fulfil the requirements of the CanMEDS professional domain. Insufficient introspection was the most prominent insufficiency (73/86). These 73 decisions described more residents’ insufficiencies in CanMEDS competency domains compared to the rest of the decisions (3.8 vs. 2.7 p < 0.001), without significant differences regarding gender or years of training.Insufficient introspection in residents correlates with competency shortcomings programme directors reported in dismissal disputes. The 4I’s model facilitates recognition and description of unprofessional behaviours, opening avenues for assessing and developing residents’ introspection, but further research is needed for effective implementation in medical education. [ABSTRACT FROM AUTHOR]

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,

After having revisited the limits that preside over the exercise of an employer’s power of dismissal, in light of the definition of ‘disability’ and ‘reasonable accommodations’, this paper focuses on the need to reassess this specialized discipline in an anti-discriminatory key, also in order to determine the sanctionatory consequences deriving from the violation of the obligations that rest on the employer.

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]

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]

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]

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.)

According to the legislation, one of the priority purposes of the criminal trial is that the person guilty of committing the crime is punished according to their guilt. Criminal liability is an ineluctable consequence of the commission of a crime. However, we cannot consider this harsh rule to be absolute, which is why the legislator, guided by the principle of humanism, has foreseen certain situations when the perpetrator can be liberated of criminal responsibility. The exemption from criminal liability is the release of the person who committed a crime, that has therefore lost its prejudicial degree under circumstances provided by the criminal law. One form of exemption from criminal liability is conditional release. This study is dedicated to the regulatory and interpretation aspects of the institution of termination of criminal proceedings at the stage of criminal prosecution under conditional release.

Childbearing is a natural practice by man and it is not limited to certain time, place or individual. For various reasons, the term is normally referred to as “the right of having child” in related texts. But first, evidence on legal duty of such practice is not certain in the language of the legislator. This exposes defining the nature of childbearing to challenges since legislator has not provided such definition. Secondly, presuming legality of the issue, its limits, degree of choice by individuals in enjoying or not enjoying such right, contradiction in will of childbearing by couples, etc. have not been put on paper. This descriptive-analytical research study first reviews the possibility of the duality of nature of “childbearing”, studies the conditions of each one of the couples independently, in terms of deserving such right, its longitudinal and latitudinal aspects, will of the couples, situation resulting from contradiction in will of the couples to have a child, in view of jurists and religious texts. Findings of this research study indicates that despite emphasis of some jurists on the right of women in claim of offspring, no obligation of parties to everything accompanying it, preference of the will of husband in presumed contradiction, it is difficult to prove childbearing is a “right of woman”. Apparently religious texts in alleged proof of attributing such rights for woman, considers it a right of man in the course of the right and practice of childbearing.

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.

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]

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]

Copyright of Ankara Barosu Dergileri is the property of Ankara Bar Association 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.)

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]

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]

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.)

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.)

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]

"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]

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]

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]

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]

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.)

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.)

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.)

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]

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]

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.)

2017 yılındaki Anayasa değişikliği ile üst kademe kamu yöneticilerinin atama usulü de değişmiştir. Bu yöneticilerin atanması Cumhurbaşkanı Kararına bağlanmıştır. 3 sayılı Cumhurbaşkanlığı Kararnamesi (CBK) ile üst düzey kamu yöneticilerinin atama usul ve esaslarını belirlenmiştir. Peki, bu görevlere atanan kişilerin görev süreleri dolmadan görevden alınmaları durumunda ne olacaktır? Bu makale bu soruyu incelemek amacıyla hazırlanmıştır. Görevden alınma işlemine karşı başvurulacak itiraz yolu, görevden alma işlemine karşı yargı yolu, mahkeme kararları incelenmiştir. Açılan davalarda birtakım belirsizlikler mevcuttur. Bu makalede, belirtilen belirsizliklerin aydınlatılması amaçlanmıştır. Ayrıca Amerika Birleşik Devletleri Anayasası ve Başkanın görevden alma yetkisi Türkiye’deki usul ile mukayese edilerek Yüksek Mahkemede görülen üst düzey kamu yöneticilerinin görevden alınma davaları incelenmiştir.

La funció pública del Regne Unit se sustenta en tres principis: permanència, imparcialitat i integritat. Aquests principis expliquen les tensions recurrents entre els empleats públics i els seus ministres, els quals, en última instància, són els responsables de la funció pública. Des de principis de la dècada del 1980, els governs del Regne Unit han intentat reformar la funció pública perquè pugui respondre millor als seus programes polítics a curt termini. Els intents per debilitar-la es tradueixen en conflictes polítics que adopten diferents expressions: a) la retòrica política dels ministres sobre la qualitat i les intencions del funcionariat; b) les condicions de treball dels funcionaris; c) la competència que comporten els assessors especials; d) el control polític dels nomenaments d’alts càrrecs per part de l’Executiu, i e) el fet de demanar als funcionaris que duguin a terme tasques que, atesa la seva naturalesa, són summament conflictives des d’un punt de vista polític, com ara redactar informes sobre temes polèmics que susciten un gran interès públic. Tanmateix, sembla que el resultat global d’aquesta tensió té un efecte bumerang: d’una banda, la ciutadania del Regne Unit cada vegada confia menys en els polítics; de l’altra, les garanties de permanència, imparcialitat i integritat sembla que són efectives a l’hora d’assegurar que els funcionaris siguin capaços i estiguin disposats a mantenir-se ferms davant els interessos polítics.