International Journal of Public Law and Policy最新文献_第8页

EXAMINING APPLICATION OF PSYCHOLOGICAL CONTRACT IN ADMINSTERING JUSTICE IN LABOUR COURTS IN KENYA 审查心理契约在肯尼亚劳工法庭司法管理中的应用

International Journal of Public Law and Policy Pub Date : 2022-04-06 DOI: 10.47604/ijlp.1504

Olayo Ochieng, Lewis Kamau

{"title":"EXAMINING APPLICATION OF PSYCHOLOGICAL CONTRACT IN ADMINSTERING JUSTICE IN LABOUR COURTS IN KENYA","authors":"Olayo Ochieng, Lewis Kamau","doi":"10.47604/ijlp.1504","DOIUrl":"https://doi.org/10.47604/ijlp.1504","url":null,"abstract":"Purpose: The main objective of this study was to establish whether psychological contract can be applied by the courts in case of unfair termination of employment. \u0000Methodology: The study used exploratory research design to establish whether psychological contract can be applied by the courts in case of unfair termination of employment. The study analyzed psychological contract theory from a legal perspective and how human resource practitioners, advocates and judges can incorporate it in court cases. The study used exploratory research since it intends merely to explore the research questions and does not intend to offer final and conclusive solutions to existing problems. This is because the concept has not been clearly defined yet. However, the study helps us to have a better understanding of the problem. The study relied on decided court cases, journal articles and publications and books. \u0000Results: The study found that psychological contract breaches occur when an employee perceives that an organization has failed to meet its obligation to the employee. When the breach occurs it affects the employee contribution in three forms; performance, civic virtue and intention to remain in the organization. The legal employment contract does not embrace the principles of contract law such as consideration. \u0000Unique contribution to theory, practice and policy: The legal employment contract does not embrace the principles of contract law such as consideration. The employee does not dictate the terms of the contract. Therefore, there is need to consider psychological contract theory as an input to understanding contemporary labour practices. This is because psychological contract brings in a unique way of interpreting an employment contract, understanding employment relationship and the need for policy reforms.","PeriodicalId":38248,"journal":{"name":"International Journal of Public Law and Policy","volume":"614 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77497097","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Use of Piracy Windows among IAIN Palangka Raya Students in Sharia Economic Law Perspective 从伊斯兰教法的角度看IAIN Palangka Raya学生对盗版窗口的使用

International Journal of Public Law and Policy Pub Date : 2022-03-28 DOI: 10.36079/lamintang.ijlapp-0401.327

Sadiani, Laili Wahyunita, Muhammad Bayu Heksa Putra Hermawan, Lara Alfionita, A. Rahimah

引用次数: 0

Analysis of the Juridical Protection of the Most Traditional Health Laws in the Perspective of the Law of the Republic of Indonesia Number 36 of 2009 Concerning Health 从印度尼西亚共和国2009年第36号卫生法的角度分析最传统的卫生法的司法保护

International Journal of Public Law and Policy Pub Date : 2022-03-28 DOI: 10.36079/lamintang.ijlapp-0401.276

F. Razy, Malisa Ariani

引用次数: 11

Beyond the Inclusive Possibility: Understanding Human Trafficking in the Unexplored Directions. An Explorative Assessment in the Indian Context 超越包容性的可能性:在未探索的方向上理解人口贩运。印度背景下的探索性评估

International Journal of Public Law and Policy Pub Date : 2022-03-28 DOI: 10.36079/lamintang.ijlapp-0401.324

Surender Kumar

{"title":"Beyond the Inclusive Possibility: Understanding Human Trafficking in the Unexplored Directions. An Explorative Assessment in the Indian Context","authors":"Surender Kumar","doi":"10.36079/lamintang.ijlapp-0401.324","DOIUrl":"https://doi.org/10.36079/lamintang.ijlapp-0401.324","url":null,"abstract":"Objectives: To study human trafficking and its typology, and various socio-cultural, political, economical triggers responsible for this sinister social reality, and also analyze gender and age-based victimization’ also simultaneously examine the international and domestic laws to combat human trafficking and its implementable capacities. Subjects and methods: The proposed examination was an exploratory, qualitative sample-based survey study. The body of data analyzed was mustered up from multiple sources, primarily from the students of University level enrolled in various studies, including social workers, community activists through convenient and judgmental sampling spread over 6 months, and the contents were analyzed. Results: Various socio-cultural, political, and economic grounds were observed for human trafficking for its various heinous purposes. Gender-based victimization and age-based victimization in the version of child trafficking were the prominent findings. The loopholes and shortcomings in various laws to shackle human trafficking were discovered. It was also further examined that most of the laws and socio-cultural ambiance are not victim-friendly and do not stop secondary victimization of the trafficked victims. Conclusion: Human trafficking has wide-ranging socio-cultural, economical, environmental, and political triggers in India; which have continued for a huge span of time in many parts and locations of the country. The nature of most of the problems resembles that in many other parts of the world. The present status and higher vulnerability of women and children in the domain of human trafficking for various purposes primarily for sexual exploitation and for cheap labor purposes suggest the need to improve legal, socio-cultural, economic, political, ecological, environmental, and developmental methods along with focused attention to local community involvement and participation.","PeriodicalId":38248,"journal":{"name":"International Journal of Public Law and Policy","volume":"51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80483514","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Analysis of Protection of Women Workers Abroad in the Perspective of Law Number 18 of 2017 Regarding Protection of Indonesian Migrant Workers 从2017年关于保护印尼移徙工人的第18号法律角度分析海外女工的保护

International Journal of Public Law and Policy Pub Date : 2022-03-28 DOI: 10.36079/lamintang.ijlapp-0401.268

Yandi Saputera

引用次数: 0

Liberalism, Law and Social Rights: The Charter of Rights and Freedoms in the Era of Welfare State Restructuring 自由主义、法律与社会权利:福利国家重构时代的权利与自由宪章

International Journal of Public Law and Policy Pub Date : 2022-03-28 DOI: 10.36079/lamintang.ijlapp-0401.325

Sirvan karimi

{"title":"Liberalism, Law and Social Rights: The Charter of Rights and Freedoms in the Era of Welfare State Restructuring","authors":"Sirvan karimi","doi":"10.36079/lamintang.ijlapp-0401.325","DOIUrl":"https://doi.org/10.36079/lamintang.ijlapp-0401.325","url":null,"abstract":"Despite expanding the boundary of formal equality, the Charter of Rights and Freedoms is conducive to rationalizing liberalism's conception of the role of the state. Contrary to the hasty expectation of social rights advocates who hoped that they can utilize the Charter to advance social rights in Canada, the Charter has in fact been interpreted by the courts in a manner that justifies the subordination of the social rights to the vicissitudes in the economic sphere, which has historically been ingrained as an overriding tenet of liberalism. In line with a long-held liberal principle that the real threat to individual liberty emanates from the state, not private property relations which are indeed the basis for socio-economic inequalities, the Charter interpretations by the courts have, in fact, reinforced a legal rationalization for the neoliberal-motivated forces of welfare state retrenchment which are reflected in the courts’ refusal from imposing any positive obligation on the state to provide the basic means of subsistence for citizens as a matter of right. Thus, judicial interpretation of the Charter reflects and reinforces the nineteenth-century liberal tenet that the judiciary can restrain but cannot compel the state to take positive actions.","PeriodicalId":38248,"journal":{"name":"International Journal of Public Law and Policy","volume":"112 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85919814","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Policies and legal framework of involving small and medium enterprises in administrative contracts in Egypt: dynamics and influences 埃及中小企业参与行政合同的政策和法律框架:动态和影响

International Journal of Public Law and Policy Pub Date : 2022-01-01 DOI: 10.1504/ijplap.2022.10046161

K. Aboelazm

引用次数: 2

Judicial determination of an effective and legitimate remedy for private rights and interests 司法确定对私人权益的有效和合法的救济

International Journal of Public Law and Policy Pub Date : 2022-01-01 DOI: 10.1504/ijplap.2022.10046529

A. V. Potapenko, S. Rabovska, Yuliia Bondarenko, M. Stefanchuk, Andrii Dryshluk

引用次数: 0

Standardisation and certification regulatory challenges in Ukraine: current status and the EU partnership agenda 乌克兰的标准化和认证监管挑战:现状和欧盟伙伴关系议程

International Journal of Public Law and Policy Pub Date : 2022-01-01 DOI: 10.1504/ijplap.2022.10044793

V. Zelensky, A. Bolotina, M. Lazarenko, O. Terekh, Maryna Derevyanko

引用次数: 0

Governing sustainable ecotourism in Thailand: success or failure in legal perspective 管理泰国可持续生态旅游:法律视角下的成功或失败

International Journal of Public Law and Policy Pub Date : 2022-01-01 DOI: 10.1504/ijplap.2022.10050982

T. Waikavee

引用次数: 0