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2019 | Buch

Job Security and Temporary Employment Contracts

Theories and Global Standards

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Über dieses Buch

This book discusses the need of a legal protection at national and global levels to address the use of temporary employment contracts by employers. Chapter 1 reviews some theories of job security, showing how job security issues should be regulated in labour laws to protect workers and also how temporary contracts affect job security. Chapter 2 examines legal protection of job security in temporary contract in international contexts where it examines the concept and need for job security and job protection especially for temporary contracts based on three United Nations’ instruments, namely, the Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), and International Covenant on Economic, Social and Cultural Rights (ICESCR). Chapter 3 studies the ILO standards in relation to job security and temporary contracts as well as those covered by the Philadelphia Declaration and other conventions and recommendations. Chapter 4 discusses Islamic jurisprudence on jobs and job security. The main aims of this chapter is to provide the framework for protecting workers as a means to enhance job security in the world especially in Islam. It discusses Islamic jurisprudence concerning work and job conditions. The Islamic precept is based on the Qur’an and Hadith and these sources are used to explain the concept of jobs in Islam. In addition, this chapter also examines the Cairo Declaration on Human Rights in Islam (CDHRI).

Inhaltsverzeichnis

Frontmatter
Chapter 1. Job Security and Temporary Employment Contracts: A Theoretical Analysis
Abstract
Analysing legal theory is an essential starting point for any project relating to the legal system (Burge-Hendrix 2012). Bacharach (1989) believes that “theory is a statement of relations among concepts within a set of boundary assumptions and constraints, and a linguistic device to organize a complex empirical world.” This chapter focuses on existing theories on human rights that are related to job security and temporary contracts. The right to life, social justice and equality in the life of a worker, social security, the right to work, and theory of decent work are very much related to each other. Discourse on job security theories in this chapter is as presented in the classical and neo classical eras.
Mehdi Shabannia Mansour, Kamal Halili Hassan
Chapter 2. Job Security and Temporary Employment Contract in the Context of United Nation’s Instruments
Abstract
This chapter examines the concept and need for job security and job protection especially for temporary contracts based on three international/United Nation’s instruments, namely, the Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), and International Covenant on Economic, Social and Cultural Rights (ICESCR. Job security is an abstract concept which is often not directly mentioned by international instruments and should be examined in the context of other related concepts. Security covers various aspects and this book focuses on job security.
Mehdi Shabannia Mansour, Kamal Halili Hassan
Chapter 3. ILO Standards on Job Security and Temporary Employment Contracts
Abstract
This chapter examines the ILO standards in relation to job security and temporary contracts as well as those covered by the Philadelphia Declaration and other conventions and recommendations.
Mehdi Shabannia Mansour, Kamal Halili Hassan
Chapter 4. Job Security and Temporary Employment Contracts in Islamic Jurisprudence
Abstract
The primary scriptures of Muslims are the Quran that are viewed by them as words of God for the teaching of human being. The Quran provides general concept for Muslim in all parts of their life and the normative examples of it is presented as Sunnah which is called Hadith. The Sunnah comprises of religious behaviour and quotations of Prophet Mohammad S.A.W. and the Imams (which is different between the belief of Shia and Sunni). In order to interpret Sharia law, the Quran is used along with reliable Hadith. There are other sources of Sharia based on different schools of Islam which are not considered in this book. The authors try to provide general Islamic concept which is acceptable by most Muslims. Muslims believe that all concepts are mentioned in the Quran directly and indirectly. In the case of job security and temporary contract, there is no direct mention in the Quran and Hadith. Reference in this chapter is more on the principles of normal contract of employment but it is argued here that the principles are applicable to temporary contracts as well. The authors find the guidance for good template of job security and temporary contract based on Islamic concept which is gained from the Quran and Hadith.
Mehdi Shabannia Mansour, Kamal Halili Hassan
Backmatter
Metadaten
Titel
Job Security and Temporary Employment Contracts
verfasst von
Prof. Dr. Mehdi Shabannia Mansour
Prof. Dr. Kamal Halili Hassan
Copyright-Jahr
2019
Electronic ISBN
978-3-319-92114-3
Print ISBN
978-3-319-92113-6
DOI
https://doi.org/10.1007/978-3-319-92114-3

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