Failure Of It Employment Contracts
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Failure Of It Employment Contracts
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Author : Choon Teck Cher
language : en
Publisher:
Release Date : 1996
Failure Of It Employment Contracts written by Choon Teck Cher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with categories.
Failure To Renew A Fixed Term Employment Contract Reasonable Expectation For Renewal
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Author : Mark-Silas Malekela
language : en
Publisher:
Release Date : 2022
Failure To Renew A Fixed Term Employment Contract Reasonable Expectation For Renewal written by Mark-Silas Malekela and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
Fixed term contracts of employment between employers and employees exist for a specific period of time. This article aims to explore the nature of fixed-term contracts and their effect where employees who are employed on fixed-term contracts have developed a reasonable expectation of renewal. Employers have abused fixed term contracts to which they are considered as providing less security to employees under the umbrella of a reasonable expectation for renewal. The article examines the implication of failure to renew a fixed term contract under the Tanzanian Employment and Labour Relations Act (ELRA), particularly where there is a reasonable expectation for renewal. The article finds that fixed term contracts have a potential to deprive employees of their employment security as well as the benefits that accompany it since once the employer has created a reasonable expectation of renewal under the ELRA, the failure to renew the fixed term contract becomes an unfair termination. The article finally recommends the legislature as it sees the need, to amend the provisions of Section 36(a) (iii) of The Employment and Labour Relations Act and Rule 4(5) of the Code of Good Practice to counter the difficulties that have arisen for employees so as to protect employees as the weaker parties in the employment relationship.
Set Up To Fail Syndrome
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Author : Jean-Francois Manzoni
language : en
Publisher: Harvard Business Review Press
Release Date : 2007-02-01
Set Up To Fail Syndrome written by Jean-Francois Manzoni and has been published by Harvard Business Review Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-02-01 with Business & Economics categories.
Do you have an employee whose performance keeps deteriorating—despite your close monitoring? Brace yourself: You may be at fault—by unknowingly triggering the set-up-to-fail syndrome. Perhaps things started off swimmingly. But then something--a missed deadline, a lost client—made you question the person's performance. You began micromanaging him. Suspecting your reduced confidence, he started doubting himself—and stopped giving his best. You viewed his new behavior as additional proof of mediocrity, and tightened the screws further. In The Set-Up-to-Fail Syndrome, Jean-Francois Manzoni and Jean-Louis Barsoux show how this insidious cycle hurts everyone: employees stop volunteering ideas, preventing your organization from getting the most from them; you lose energy to attend to other activities; and your reputation suffers as other employees deem you unfair. Team spirit wilts as targeted performers are alienated. But the set-up-to-fail syndrome doesn't have to happen. The authors provide preventive measures, such as loosening the reins as new employees master their jobs. If the syndrome has already erupted, Manzoni and Barsoux explain how to discuss the dynamic with your employee and reverse the cycle.
A Sage Analysis Of Overseas Employment Contract Failure In Saudi Arabia
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Author : Richard Frederick Dall
language : en
Publisher:
Release Date : 1980
A Sage Analysis Of Overseas Employment Contract Failure In Saudi Arabia written by Richard Frederick Dall and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with categories.
Breach Of Contract Of Employment Cases
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Author : Mustafa Rashid Issa
language : en
Publisher: Al Manhal
Release Date : 2018-01-01
Breach Of Contract Of Employment Cases written by Mustafa Rashid Issa and has been published by Al Manhal this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-01 with Law categories.
The compensation or remedies after the breach of contract has been important agenda in the legal studies. That’s the reason, compensation after breach of contract become now center of debate in several legal research studies. The numerous laws and acts had constitute and legal experts continuously search to protect basic right in the contract law and urging to provide the basic standard safeguard in contract law for both parties (Employee or employer) involved. This study aims to provide fresh insight of Contract law, breach of contract and compensation with background of Common Law Employment Act. The breach of contract is the common term used in the business world and several cases has registered on daily basis in the different courts of Common Law. In the examination, this study aims to access documentary analysis of the breach of contract cases and their compensation, which has been awarded by the courts complainant. The 10 decided cases of courts (industrial, session and high court) has been chosen randomly from 2010 to 2015. In the conclusion, the study found mix results i.e some of the cases, court declares that appealed has approved and awarded but the compensation they claimed is over estimation. In the some cases, court has given the award in the favor of employee and some cases observed in favor of employer.
The Impact Of Temporary Contracts On Jobs Firms And Workers
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Author : Raffaele Saggio
language : en
Publisher:
Release Date : 2018
The Impact Of Temporary Contracts On Jobs Firms And Workers written by Raffaele Saggio and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
Concerns over labor market flexibility have been at the center of the European political debate for the past three decades. In response to the widespread belief that rigid employment protection laws (EPL) depress employment, many countries -- including France, Spain, and Italy -- undertook reforms that substantially relaxed legal constraints on the use of temporary employment contracts. Importantly, however, these reforms were often only partial in that the degree of employment protection granted to workers hired via permanent employment contracts remained unchanged, leading to a fundamentally dual labor market. Economic theory delivers ambiguous predictions on the effects of such partial reforms. A number of studies have noted that such policy changes could in principle generate higher overall employment and improved labor market efficiency or alternatively they could lead to a substitution of permanent contracts with rotating temporary contracts and little or no net gain in employment. In this dissertation, my coauthors Diego Daruich, Sabrina Di Addario and I use detailed Italian social security records matched with firm financial data and a difference-in-differences research design to provide a comprehensive empirical evaluation of an Italian partial reform signed into law in 2001. This reform facilitated the usage of temporary contracts, while maintaining existing employment protections for workers with permanent contracts. Longitudinal data on jobs, firms, and workers permit us to answer three fundamental questions on the impact of this policy change: (1) How did the reform affect overall employment and labor income? (2) What factors contributed to the success or failure of the law in raising employment and earnings? (3) Were there heterogeneous effects across different worker and firm groups? In Chapter 1 and 2, we show that, contrary to the stated intent of the law, the reform had little or no effect on aggregate employment, and led to a decline in average earnings. After the reform the Italian labor market became increasingly segmented: more workers were trapped in cycles of low-paid and fragile temporary jobs where the likelihood of transitioning from temporary to permanent jobs fell substantially. On the other hand, consistent with the intention of the law, average firm labor costs fell and mapped into significant increases in profits. The reform generated both winners and losers: its primary beneficiaries were firms, their shareholders and managers, as well as older incumbent workers. By contrast, the earnings of younger workers and new entrants were substantially depressed following the policy change and this widened the inter-cohort gaps in earnings among Italian workers. In Chapter 3, we abstract from the effect of the reform and focus on the economic forces behind the substantial gap in daily wages between permanent and temporary workers. Informed by the large underrepresentation of temporary contract workers within unions, we investigate the role of employers' pay policies and the lower bargaining power of temporary contract workers. Exploiting within-person daily wage changes for workers who transitioned from a temporary to a permanent contract within the same employer, we find that temporary workers received only 66\% of the rents traditionally shared by firms with workers employed under a permanent employment contract. This dissertation is structured as follows. In Chapter 1, we begin by explaining the Italian institutional background and the 2001 reform that facilitated the creation of temporary employment contracts by firms. We then present a theoretical model to guide our empirical analysis. Chapter 1 concludes by showing how the reform impacted the dynamics of job creation, duration and destruction using Italian social security data. In Chapter 2 we focus on the effects of the reform on the two fundamental actors operating in the labor market: firms and workers. A particular attention is devoted to analyze how the earnings profile of young workers have been affected, both in the short and in long run, by the introduction of the reform. Chapter 3 presents our rent sharing estimates that quantify to what extent temporary contract workers have lower bargaining power within the firm compared to permanent contract workers.
The Employment Contract
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Author : Ian Ayres
language : en
Publisher:
Release Date : 2000
The Employment Contract written by Ian Ayres and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with categories.
This article is an edited transcript of a lecture on the Employment Contract presented to a conference of state law judges. Part I introduces a model of a well-functioning labor market, which provides all employee benefits, and only those employee benefits, that employees value more than it costs employers to provide. Part II articulates ways in which labor markets might fail to provide such cost-justified benefits. Market failures can arise from asymmetric information, asymmetric performance, or collective goods. Such failures can justify legal intervention, although policymakers must worry about the cure being worse than the disease. Additionally, even without market failure policymakers might intervene for paternalistic or distributive reasons. Part III separates out "unequal bargaining power" as an argument for legal intervention, and argues it does not describe a market failure and is generally an incoherent justification for legal intervention. Part IV applies this framework to evaluate legal erosions of the employment-at-will doctrine. Many courts have upheld claims that a termination breached an implied-in-fact promise not to dismiss a worker without cause. Sometimes, these claims can be justified as correcting problems of opportunism arising from asymmetric performance, problems that vary during the life cycle of a career employee. Contract protections generally are default rules, in that parties can reject them through explicit clauses in a contract. The article articulates the basic theories of default rules, which include mimic-the-market rules and penalty defaults. Other courts have recognized the tort of wrongful discharge in violation of public policy. This tort can be justified as an effort to have employers internalize third-party effects of discharges.
Contracts Of Employment
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Author : Chris Todd (Attorney)
language : en
Publisher:
Release Date : 2008
Contracts Of Employment written by Chris Todd (Attorney) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Labor contract categories.
Non Standard Employment And Quality Of Work
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Author : Tindara Addabbo
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-10-12
Non Standard Employment And Quality Of Work written by Tindara Addabbo and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-12 with Business & Economics categories.
The international literature on non-standard employment has mostly focussed on its impact on employment, and more recently on working and living conditions. This volume explores these issues with special reference to Italy. Italy is characterized by very low participation rates (particularly women’s), a high degree of fragmentation of labour contracts and a very intense non-standard work diffusion that make this context a particularly interesting case for analysis. New elements of discussion are provided with reference to the interaction of non-standard work, employment probability and living conditions. Interesting insights on the impact of non-standard work on the transition to stable employment and workers’ careers emerge, suggesting a possible failure of companies’ internal systems of work evaluation. The effects on labour productivity and on companies’ performance are analysed. Within this framework, a new perspective on quality of work is suggested.
The Inevitable Demise Of The Implied Employment Contract
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Author : Jonathan Wesley Fineman
language : en
Publisher:
Release Date : 2008
The Inevitable Demise Of The Implied Employment Contract written by Jonathan Wesley Fineman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
This article examines the consequences of the courts' decision in the early 1980s to apply implied contract doctrine to employment relationships. Although courts did not use the rhetoric of "norms" popular in academic discourse today, their actions were in fact an attempt to enforce workplace norms, specifically the voluntary system of job protection policies employers devised in order to increase worker loyalty and productivity. What happened when courts began giving job security practices the force of law? The results were not what the courts intended. Employers immediately began restructuring their employment documents, policies and practices to avoid liability. Through a process of trial and error, employers eventually found a way to essentially avoid liability through careful drafting of personnel documents. Not only are implied contract claims now essentially impossible to win, many employees no longer have the benefits of the voluntary system of job protections that were previously in place. I argue that the failure of contract law was inevitable. Because the terms of the employment "contract" are typically controlled by employers, they can restructure the terms of the agreement to avoid obligations. If the contract is clear, courts must enforce it absent extraordinary circumstances, even if the terms are not fair to employees. As long as individual employers are able to define the scope of their own obligations, efforts to enforce workplace norms will be unsuccessful. Finally, this article builds on some existing proposals and suggests directions for future work. To successfully enforce workplace norms, we must remove employers' unilateral ability to restructure the employment relationship to avoid liability. I suggest looking beyond the relationship between the particular employee and employer to broader-based norms prevalent in the industry or applicable to the type of job position at issue. Essentially, I argue that employers should not be able to opt out of the norms followed by similarly-situated employers dealing with similarly-situated employees. This aggregate norm approach would allow greater flexibility for employers than contract obligations but still protect reasonable employee expectations.
