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Penyelesaian Perselisihan Pemutusan Hubungan Kerja (Phk) Atas Kesalahan Berat, Rico Saputra Ginting
Penyelesaian Perselisihan Pemutusan Hubungan Kerja (Phk) Atas Kesalahan Berat, Rico Saputra Ginting
"Dharmasisya” Jurnal Program Magister Hukum FHUI
It is felt that arrangements related to settlement of relational disputes can no longer accommodate the various developments that have taken place, because the rights of individual workers/laborers have not been recognized in industrial relations disputes. The relationship between workers/laborers and employers is a relationship based on the agreement of the parties, but industrial relations disputes can be caused by termination of employment. Disputes in industrial relations can occur due to differences of opinion which result in conflicts between employers or groups of employers and workers/laborers or trade unions/labor unions due to disputes regarding rights, disputes over interests, disputes over …
Shots Fired: Digging The Uniformed Services Employment And Reemployment Rights Act Out Of The Trenches Of Arbitration, Lisa Limb
Michigan Law Review
The Uniformed Services Employment and Reemployment Rights Act (USERRA) was enacted to protect servicemembers from discrimination by civilian employers and to provide servicemembers with reemployment rights. Recent circuit court decisions, however, have maimed these protections by ruling that mandatory arbitration is permissible under USERRA. This Note argues that such rulings conflict with USERRA’s plain language, statutory structure, and purpose. Ultimately, in light of strong public policy considerations, this Note contends that mandatory arbitration should not be permissible under USERRA and proposes that Congress amend the Act to explicitly prohibit arbitration.
Fair Labor Standards Act And Sovereign Immunity: Unlocking The Courthouse Door For Texas State Employees., Melinda Herrera
Fair Labor Standards Act And Sovereign Immunity: Unlocking The Courthouse Door For Texas State Employees., Melinda Herrera
St. Mary's Law Journal
Unless Texas expressly waives its Eleventh Amendment sovereign immunity, its state employees will not have similar legal recourse and protection as those available to private employees. As in many other states, a party may not sue the State of Texas without its consent. Thus, in the absence of constitutional or statutory provisions to the contrary, a state may claim sovereign immunity against any suit brought by a private party in both federal and state court. As a result, the Eleventh Amendment effectively precludes private individuals from suing a state in both federal and state court for violating a federal statute …
A Proposal To Protect Injured Workers From Employers' Shield Of Immunity., Catherine A. Hale
A Proposal To Protect Injured Workers From Employers' Shield Of Immunity., Catherine A. Hale
St. Mary's Law Journal
The current workers’ compensation system shields negligent employers from liability and fails to encourage compliance with safety standards. A practical solution is to broaden the judicial definition of intentional conduct and reinstate a common-law negligence action in workers’ compensation statutes. The Texas Workers’ Compensation Act awards compensation to employees for accidental injuries sustained in the course of employment. The Act bars an employee who accepts these benefits from bringing a common-law suit for damages against the employer. The exclusive nature of the workers’ compensation remedy thus leaves employers immune from common-law negligence actions by employees who accept the plan. An …