Suchergebnisse

The law stabilizes transactional relations by protecting the implicit expectations of the parties to contracts by various techniques including the imposition of mandatory & supplementary rules. The established pattern in the contract of employment of the protection of expectations of co-operation from the employee & fair treatment by the employer has come under strain as a consequence of the employer's increasing expectations of functional flexibility & entrepreneurial activity on the part of the employee. In order to protect these new expectations with regard to the indeterminacy & impermanence of employment, communication & consultation, & incentive-based payment systems, legal systems need to evolve new normative standards that can articulate & stabilize these new forms of employment relations. Using the model of symbiotic contracts as a paradigm, the essay explores what normative standards & regulatory techniques will be appropriate to stabilize & protect new flexible employment relations. The primary objective of this regulation is to secure fair treatment for employees so that they will be willing to co-operate with new flexible forms of employment, which in turn should promote competitiveness. References. Adapted from the source document.

Abstract:The personal scope of employment law is the subject of much ongoing debate. Arguing that an exclusively contractual analysis of this domain is unsatisfactory, the author constructs a European‐based empirical typology distinguishing the personal work relations of "standard employees", public officials, "liberal professions", individual entrepreneurial workers, marginal workers, and labour market entrants. These categories and their inter‐relationships are then analysed dynamically in terms of "personal work nexuses" ‐ a concept encompassing complex legal ramifications beyond the contractual framework. The conclusions highlight the value of this analytical approach to recent efforts by the ILO and the European Commission to "modernize" labour law.

This article reflect on the extent to which contract of employment, legislative provisions and collective bargaining assist in protecting employees in the modern labour relations. Contract of employment has traditionally been known as a vital document holistically regulating the symbiotic employer-employee relationship. However, its common law perspective perpetuates inequalities as it fails to accommodate and resolve the inequalities of bargaining power between these parties. It also regards the parties as master (employer) and servant (employee). It is aloof to collective regulation of the employment relationship, meaning that it does not embrace collective bargaining. It was against this backdrop that countries including South Africa, promulgated laws entrenching protection of workers labour rights. Thus, the statutory provisions are a workable framework in protecting employees as rights to associate and bargain freely got entrenched. It is asserted that the basis of strength regarding contract of employment is fading owing to contemporary trends of employment. This includes externalization, casualization and informalization of work. These trends have alienated a huge net of workers from statutory protection. Because, the modern standard model of employment is of inherent variability, it is high time that our legislative authorities, courts and competent tribunals innovate effective responses towards expanding labour legislative boundaries to benefit those in desperate need. This is achievable through strategic interpretation of the Constitution to augment its transformative ideals of advancing social justice.