Suchergebnisse

Social media has transformed various aspects of daily life, particularly influencing communication and interaction in both physical and digital spaces. The South African employment relationship is no exception. Social media also creates opportunities for the articulation of employee voice. Through the content analysis of 118 South African first-instance social media misconduct dismissal decisions, this paper argues that employees use social media as a mechanism to express dissenting employee voice. There is evidence of individual employee voice notwithstanding employers implementing rules and social media policies to curtail expressions of dissent. It also persists despite the dismissal of employees for expressing employee voice through social media. Significantly, employee voice in the form of racialised speech badmouthing and cyber-criticising employers continues in the digital realm despite the legislative prohibition of hate speech. Despite high power disparities, the sample reveals a perfusion of individual e-voice by South African employees.

The article concerns the practice of consideration by courts of cases on illegal dismissal of employees — members of election commissions. The author also analyses the impact produced by decision of the Constitutional Court of the Russian Federation on the judicial practice in this sphere.

In the course of the COVID-19 pandemic, short-time work has once again proven to be an effective instrument to stabilise employment. Despite considerable differences in the institutional design and logic of short-time work schemes, the rapid deployment and high take-up of short-time work benefits was a high priority in all European countries. The paper describes significant changes in the short-time work programme design since March 2020, the role played by short-time work scheme during the crisis and discusses possible effects against the background of former empirical findings.

One of the most vexing public policy issues is the extent to which governments should intervene into private contractual relationships. The purpose of this paper is to explore both theoretically and empirically the extent to which such interventions may enhance efficiency. In the case of employment law, economists have traditionally taken the view that intervention, such as protection against wrongful discharge, simply undoes the original intent of the parties to the agreement. We find that both the good faith and the implied contract exceptions to employment at will may enhance employment in occupations characterized by high levels of investment. These results suggest that under the appropriate conditions courts may enhance the operation of a competitive market by setting appropriate default remedies for breach of contract.

Scientific work is devoted to the study of the peculiarities of termination of the employment contract by agreement of the parties. The basis of the study was the specifics of termination of the employment contract under the current labor legislation of Ukraine and court decisions. Suggestions for improving the provisions of the draft Labor Code of Ukraine are indicated. ; Наукова робота присвячена вивченню особливостей розірвання трудового договору за домовленістю сторін. Основою дослідження стала специфіка розірвання трудового договору згідно чинного трудового законодавства України та судових рішень. Вказано пропозиції щодо вдосконалення положень проекту Трудового кодексу України.