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1
Petrov, A. Ya. "Peculiarities of Labor Discipline and Labor Regulations of Certain Categories of Employees." Voprosy trudovogo prava (Labor law issues), no. 11 (November 30, 2020): 30–39. http://dx.doi.org/10.33920/pol-2-2011-05.
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On the basis of an analysis of labour legislation, by-laws and judicial practice, the article examines the peculiarities of the internal labour regulations and disciplines of certain categories of workers.
2
Andreeva, Svetlana N. "Labor Rights and Interests of Employees: Protection and Defense Under Russian Laws." Criminal-Executory System: law, economics, management 6 (October 29, 2020): 17–19. http://dx.doi.org/10.18572/2072-4438-2020-6-17-19.
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The article discusses the labor rights and interests of employees, as well as their protection under Russian law. Employees are entitled to basic rights that can be protected in various ways that do not contradict the legislation of the Russian Federation. The relevance of the topic is due to the fact that today the protection of labor rights is very important for every citizen of the state, and it is necessary for the employee to independently ensure the protection of labor rights.
3
Лебедев, В., V. Lebedev, Е. Лебедева, and E. Lebedeva. "Firm and Employees: Relationship Mechanism is Being Improved." Scientific Research and Development. Economics of the Firm 6, no. 3 (October 4, 2017): 18–26. http://dx.doi.org/10.12737/article_59c10799e29b71.59626110.
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In June 2017, amendments to the Labor Code of the Russian Federation came into force, which resulted from the incorporation of previously canceled departmental recommendations into the federal law on overtime, shorter working hours, and a non-standardized working day. The analysis of changes in the labor legislation regarding compensation for work on weekends and holidays, for work in conditions of parttime work, overtime payment is analyzed. New laws and law enforcement practice are considered, including strengthening the employer’s liability for delay in payments which are payable to the employee, compensation in connection with the granting of unused leave with subsequent dismissal.
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Kichigin, Sergey. "Cancellation of Service Contract." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2020, no. 3 (November 6, 2020): 270–77. http://dx.doi.org/10.21603/2542-1840-2020-4-3-270-277.
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The matter of canceling a service contract often hinders the work of personnel offices of government and local self-government. Due to the specifics of labor relations between state and municipal employees, it remains unresolved in the domestic labor law. There is a controversy between the subsidiary application of general labor legislation norms and special laws that control the activity of certain categories of workers. It comes from the vague border between the scope of general and special norms of labor legislation in relation to state and municipal employees. Another reason is the limited legal regulation of labor relations with these categories of workers with application of the general norms of the current labor legislation. The article features approaches to resolving the issue of the possibility and legality of canceling a service contract in personnel offices of government bodies. The research was based on a critical review of the two existing opinions on the place of the cancellation procedure in relations with state and municipal employees. The author describes the legal nature of the cancellation and termination of the employment contract based on scientific literature. The article contains some recommendations on how to avoid the situation in which the representative of the employer does not have adequate legal mechanism for responding to an employee's failure to appear at work on the first day of the contract.
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Kosmii, Lesja. "Features of labor relations in quarantine conditions." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 9(21) (October 2, 2020): 52–58. http://dx.doi.org/10.33098/2078-6670.2020.9.21.52-58.
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Goal. The purpose of this work is to analyze the norms of the current labor legislation regarding the regulation of the relations between the employee and the employer in the introduction of any restrictions and anti-epidemic measures in the conditions of national quarantine and prevention in such conditions of violations of labor rights of employees. It is important that during the course of the COVID-19 coronary pandemic measures, they were not only effective but also violated human rights, including work. Method. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material, experience of foreign countries and formulation of relevant conclusions and recommendations. During the research the following methods of scientific knowledge were used: terminological, comparative, functional, system-structural, logical-normative. Results. During the research it was found that the Ukrainian legislature, including foreign experience, was able to respond promptly to the quarantine situation by adopting anti-crisis laws, which did not neglect labor legislation. This is understandable, because in connection with the announcement of quarantine in the whole territory of Ukraine, employers had to make personnel decisions, and the current legislative framework did not clearly regulate the issues that arose. Scientific novelty. The study found that the updating of labor legislation in the area of labor relations regulation during the national quarantine period allows the employer to use certain forms of labor organization, in which the basic labor rights and guarantees of employees can be preserved. Practical importance. The results of the study can be used in law-making and law enforcement activities, as well as by employers in regulating labor relations with employees during the quarantine period.
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Василько, І. В. "Supervision and Control as Special Forms of Protecting Labor Rights of Employees who Work for Employers Being Individuals." Bulletin of Kharkiv National University of Internal Affairs 90, no. 3 (September 22, 2020): 63–69. http://dx.doi.org/10.32631/v.2020.3.06.
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The emphasis has been placed on the fact that the number of recent cases of violation of labor rights of employees working for employers being individuals has significantly increased, which, in turn, necessitates effective supervision and control in this area. Based on the analysis of scientific views, the author has provided own definition of supervision and control as special forms of protecting labor rights of employees working for employers being individuals. It has been emphasized that the control within the framework of the considered issues ensures observance of the law in the sphere of labor, allows to reveal and eliminate certain shortcomings in time, as well as to take measures to prosecute employers who have violated current labor legislation. Features of this scientific category have been outlined. It has been stated that the control and supervision activity acts as a kind of guarantee of the realization of the right of employees to fair and safe working conditions, proper equipment of workplaces and compliance with the law by employers while concluding an employment contract with an employee. It has been argued that the implementation of control and supervisory activities in the studied area relies on various public authorities, where their main functions should include the detection of violations of labor rights of employees by employers, development of propositions to prevent violations of labor laws, monitoring the compliance with regulations issued in regard to employer in the result of inspections by the competent authorities, development and approval of the annual plan for scheduled inspections; drawing up minutes on administrative offenses against employers who have violated labor legislation; organization and monitoring of the compliance with labor legislation, including the collection, processing and analysis of information, operation of an automated information system for control and supervision.
7
Tan, Zhongsheng. "Comparative analysis of legislation in the field of labor protection in Russia and China." Proceedings of Petersburg Transport University 17, no. 4 (December 2020): 583–90. http://dx.doi.org/10.20295/1815-588x-2020-4-583-590.
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Objective: Analysis of labor legislation on labor protection in the Russian Federation and the People’s Republic of China with the aim of constantly improving working conditions, ensuring safety and harmlessness of operations which are unsafe and harmful to health, mechanization and automation of heavy manual labor, as well as the implementation of safe and civilized production. Methods: An analysis of legislation on labor protection was applied in terms of employment, labor contracts, working hours and rest breaks, wages, labor protection, social insurance, vocational training, etc. Based on its results, negative and positive consequences of legislation on labor protection in China and Russia were identifi ed. Results: The constitutions and labor legislation of both countries contain the rights of workers to legal protection, including the right to work in conditions that meet safety requirements, there are standards for investigating accidents at work, and special attention is paid to the labor protection of women and children. It was revealed that in the Russian Federation, in contrast to China, a greater number of regulatory laws and regulations were developed, and special labor assessments were effectively regulated, therefore, the safety level in the Russian workplace is higher. Practical importance: In accordance with the legislation on labor protection, state bodies, economic departments, enterprises and their leaders at all levels must take various organizational and technical measures to create safe, hygienic and comfortable working conditions for workers which prevent and eliminate accidents, industrial poisoning and occupational diseases, protect the health and safety of workers, maintain and improve their long-term working capacity, avoid unnecessary losses of social labor and material benefi ts. Constantly improving labor legislation allows working safely and protects the legal rights of employees.
8
Lagahid, Vivencio E., Hazel C. Navarro, and Alexander Franco A. Delantar. "Labor Laws Compliance System: Its Implementation In Cebu City." Proceedings Journal of Interdisciplinary Research 2 (October 10, 2015): 88–95. http://dx.doi.org/10.21016/irrc.2015.ju20wf76o.
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Labor Laws are made to govern and protect the rights of the workers, thus they are amended whenever warranted to ensure the welfare of the working class, while at the same time upholding the economic productivity and prosperity of the industrial sector. This imperative has attained ordinal importance in the light of the economic integration of the Philippines with ASEAN. Under Article 128 of the Labor Code of the Philippines, the Secretary of Labor and Employment is mandated to conduct routine inspections to assess the compliance of the business establishments with labor standards. In an effort to ease and simplify the inspection process, the DOLE, on July 19, 2013, promulgated the Department Order 131-13 series of 2013, known as “Rules on Labor Laws Compliance System” which contains the new rules and regulations in the implementation of local labor legislation. This paper examined the meaning, coverage, benefits, implications, and implementation of the Labor Laws Compliance System (LLCS) on business establishments in Cebu (inclusive of the province’s component cities and municipalities). Cebu is an island province in the Central Region of the Philippines, with Cebu City as its capital. The growth of Cebu City has influenced incremental economic ripples to its neighboring cities and municipalities leading to a highly urbanized industrial and commercial sprawl called Metro Cebu. The study employed as research methods documentary inspection and analyses, supplemented by in-depth interviews. The informants included government officials and civil servants, executives and managers, labor leaders and private sector employees.
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Хабибуллина, Анна, and Anna Khabibullina. "CONCEPT AND PECULIARITIES OF THE US OCCUPATIONAL SAFETY LEGISLATION." Journal of Foreign Legislation and Comparative Law 1, no. 4 (October 29, 2015): 0. http://dx.doi.org/10.12737/14317.
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This article reviews topical issues of the US occupational safety legislation. The author highlights the following development stages for the legislative rules on occupation safety in the USA: 1) creation of the US occupational safety legislation in XIX century; 2) the US occupational safety legislation in XX century; 3) the US legislative rules on occupational safety adopted in XXI century. Special attention is paid to international standards on occupational safety and health, constitutional frameworks, federal and regional legislation on occupational safety. The US Occupational Safety and Health Act of 1970 is analyzed in depth: the adoption purpose, its scope, rights and obligations of employees and employers in the occupational safety sphere, responsibility for the violation of the occupational safety standards. The author groups all US states with regard to the legislative regulation on occupational safety relations as follows: 1) states where regional laws apply to the employees of private and state organizations; 2) states where regional acts are adopted only in public sector, while the US Act of 1970 is in effect in private sector; 3) states, where there are no special regional legislative acts and the US Act of 1970 is in force. The methodological framework of the research includes comparative and legislative analysis of the occupation safety legislation, which is one of the most important methods of the juridical science that allows identifying common pattern of legal development of the state for the purpose of theoretical understanding of various legal phenomena, as well as the necessity to resolve practical tasks facing not only national systems, but also the international community. Scientific novelty of the research involves highlighting the system of the US occupational safety legislation, which, being part of a labor legislation, represents a set of legislative acts that regulate the relations on ensuring the employees’ lives and health in the process of engaging in labor activity. At the same time considering the issues on occupational safety legislation of two federal states — the Russian Federation and the United States of America, with reference to each other and in comparison, can allow taking into account and summarizing the experience of the two leading countries in the development and adoption of new regulatory acts that deal with occupational safety both inside the state — on the federal and regional levels, and on various levels of international legal regulation of labor.
10
Wardhani, Andini Aprilia, and Erni Agustin. "KONTRAK KAPITASI DALAM HUKUM KONTRAK INDONESIA." Media Iuris 1, no. 2 (July 4, 2018): 215. http://dx.doi.org/10.20473/mi.v1i2.8826.
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The existence of Act No. 3 of 1992 on Social Security of Labor which regulates that a company is required to provide social security, one of them by providing health insurance for its workers. One form of health insurance provided by the company to its employees is through a healthcare contract, made between the company and the hospital generally referred to as the capitation contract. However, until now there has been no legislation regulating the capitation contract so that the question arises about the validity, characteristics, and implementation of the capitation contract itself. This article aims to examine the characteristics, the validity, and the implementation of capitation contract in Indonesia. Specifically, this type of capitation contract has not been regulated in Indonesian legislation. The parties to the capitation contract are hospitals as providers of healthcare services and companies as recipients of healthcare services. Payments in capitation contracts are fixed and made regularly provided by the recipients of health care services. Capitation contracts are included in contracts that are beneficial to the third parties. Implementation of captation contract in Indonesia refers to the prevailing laws and regulations in Indonesia and should not be contradictory to the regulations such as Social Security of Labor, Health Law and Hospital Law.
11
Yushko, Alla, and Daryna Chekhun. "Mobbing in labor relations." Law and innovations, no. 4 (32) (December 15, 2020): 13–19. http://dx.doi.org/10.37772/2518-1718-2020-4(32)-2.
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Problem setting. The success of any work team depends on the WORK of each employee. One of the destabilizing factors of the work process, which leads to a tense situation in the team, reduce employee efficiency and increase the likelihood of making the wrong decision, is psychological pressure. This phenomenon is called “mobbing”. In modern conditions, the legal regulation of protection against psychosocial risks in the workplace is an important trend in creating safe and healthy working conditions. Analysis of resent researches and publications. Despite recent research and publications as foreign scholars (D. Burton, M. Wilson, F. Gabriel, T. Doyle, R.S. Kessler, I.Y. Kiselyov, X. Leimann, M.A. Murray, R. D. Schwartz) and domestic researchers (V. O. Evdokimov, L. P. Garashchenko, T.A. Kolyada, O.S. Kravchenko, I.V. Lagutina, A.I. Marenich, I.S. Saharuk, S. I. Simakova, M.P. Fedorov, A.V. Shamshieva and others), legal regulation of mobbing in Ukraine is still almost absent. Target of research. The purpose of this article is to identify problems of legal regulation of mobbing in labor relations, highlight the causes of mobbing, as well as the preparation of proposals for legislation in this area on the possibility of preventing harassment in the workplace. Article’s main body. The paper conducts research the problems of mobbing (or harassment in the workplace). The legislation of Ukraine does not provide for liability for harassment in the workplace. Bills submitted to the Verkhovna Rada of Ukraine to regulate this phenomenon have never been adopted. The paper considers the causes of harassment of workers in the workplace, the main types of mobbing (vertical and horizontal), the responsibilities of the manager to detect and combat mobbing among subordinates, suggested ways to prevent it. Conclusions and prospects for the development. Based on the above, the following conclusions are made: (1) the productivity of professional activity of the employee largely depends on the psychological climate in the team. Problems that arise due to misunderstandings with colleagues or management, conflicts of interest of the employee and the company, lack of help, cause psychological discomfort, varying levels of stress or even provoke mental disorders in employees; (2) enshrining in laws, local regulations norms and rules that provide each employee with maximum social and psychological comfort in the workplace and guarantee the inadmissibility of mobbing, is a necessary step in the legal regulation of labor in Ukraine at the present stage; (3) such norms will reflect the level of culture of society, its civilization, as well as a qualitatively new nature of modern labor relations, in which the employee is a well-educated, highly qualified, welldeveloped person with a sense of self-worth.
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Yushko, Alla, and Daryna Chekhun. "Mobbing in labor relations." Law and innovations, no. 4 (32) (December 15, 2020): 13–19. http://dx.doi.org/10.37772/2518-1718-2020-4(32)-2.
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Problem setting. The success of any work team depends on the WORK of each employee. One of the destabilizing factors of the work process, which leads to a tense situation in the team, reduce employee efficiency and increase the likelihood of making the wrong decision, is psychological pressure. This phenomenon is called “mobbing”. In modern conditions, the legal regulation of protection against psychosocial risks in the workplace is an important trend in creating safe and healthy working conditions. Analysis of resent researches and publications. Despite recent research and publications as foreign scholars (D. Burton, M. Wilson, F. Gabriel, T. Doyle, R.S. Kessler, I.Y. Kiselyov, X. Leimann, M.A. Murray, R. D. Schwartz) and domestic researchers (V. O. Evdokimov, L. P. Garashchenko, T.A. Kolyada, O.S. Kravchenko, I.V. Lagutina, A.I. Marenich, I.S. Saharuk, S. I. Simakova, M.P. Fedorov, A.V. Shamshieva and others), legal regulation of mobbing in Ukraine is still almost absent. Target of research. The purpose of this article is to identify problems of legal regulation of mobbing in labor relations, highlight the causes of mobbing, as well as the preparation of proposals for legislation in this area on the possibility of preventing harassment in the workplace. Article’s main body. The paper conducts research the problems of mobbing (or harassment in the workplace). The legislation of Ukraine does not provide for liability for harassment in the workplace. Bills submitted to the Verkhovna Rada of Ukraine to regulate this phenomenon have never been adopted. The paper considers the causes of harassment of workers in the workplace, the main types of mobbing (vertical and horizontal), the responsibilities of the manager to detect and combat mobbing among subordinates, suggested ways to prevent it. Conclusions and prospects for the development. Based on the above, the following conclusions are made: (1) the productivity of professional activity of the employee largely depends on the psychological climate in the team. Problems that arise due to misunderstandings with colleagues or management, conflicts of interest of the employee and the company, lack of help, cause psychological discomfort, varying levels of stress or even provoke mental disorders in employees; (2) enshrining in laws, local regulations norms and rules that provide each employee with maximum social and psychological comfort in the workplace and guarantee the inadmissibility of mobbing, is a necessary step in the legal regulation of labor in Ukraine at the present stage; (3) such norms will reflect the level of culture of society, its civilization, as well as a qualitatively new nature of modern labor relations, in which the employee is a well-educated, highly qualified, welldeveloped person with a sense of self-worth.
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Нуртдинова, Алия, Aliya Nurtdinova, Людмила Чиканова, and Lyudmila CHikanova. "Differentiation of Legal Regulation of Labor Relations as Typical Tendencies of Labor Law Development." Journal of Russian Law 3, no. 6 (June 5, 2015): 0. http://dx.doi.org/10.12737/11430.
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The articles dwells upon the issue of differentiation of legal regulation of labor relations which is seen as a legal instrument, which allows taking into account the specificity of social relations that are formed under the conditions of or among the labor law subjects and that have specific features. The differentiation is a polar opposite to the legal regulation unity which embodies the existence of a unified legal status of employees, their equality, and, ultimately, the unity of the branch of law, which is unthinkable without stability and certainty of legal standing of principal participants of relevant legal relations. Further differentiation of legal regulation of labor relations is one of the most typical tendencies in labor law development. The article notes that the grounds for differentiation, out of necessity to coordinate with the principle of equality, and hence abidance by discrimination prohibition, must be entitative, justified and directly linked with an object of legal regulation and satisfy the principles of clarity and unambiguousness. Based on the abovementioned criteria, the authors analyze such grounds of differentiation of legal regulation of labor relations as peculiarities of labor process, its organization, and the type and nature of labor activity, the field of economic activity which uses labor, and the working and environmental employment terms. The articles notes that the grounds for differentiation, chosen by a legislator, do not always correspond to the mentioned criteria. They are often arbitrary and do not reflect their objective need or do not correspond to the reality. For example, inclusion into the Labor Code of peculiarities of legal regulation of labor relations for those categories of workers, in relation to whom these peculiarities have already been established by special laws. In fact these rules do not convey any regulatory meaning and therefore complicate the legislation and do not contribute to clarity and transparency of those workers’ legal status. The analysis shows that the employer’s legal form and the peculiarities of the employees’ professional activities have recently become the mostly widespread grounds for differentiation. The authors draw the conclusion that differentiation cannot be considered valid if it was derived on the basis of one criterion (the employer’s legal form) without taking into account other significant criteria. While the admissibility (and sometimes the necessity) of setting the specificity of legal regulation based on the peculiarities of labor (professional) activity does not raise doubts. The only issue that could be raised is the issue of existence (or absence) of such peculiarities and of the advisability of specific manifestations of the differentiation, i.e. special rules adopted by a legislator.
14
Tinin, Dmytro. "The concept and essence of mobbing, ways to overcome it." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (March 29, 2021): 171–76. http://dx.doi.org/10.31733/2078-3566-2021-1-171-176.
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Today, employers like to complain about the low efficiency of their employees. However, they do not take into account the fact that they themselves are not only unable to adequately organize the labor process, but also very often create their own non-working atmosphere, full of intrigue, harassment and violence. As a result, labor productivity is low, there is hatred for each other in the team, and the most promising employees can not withstand the pressure and are fired. For the most part, in post-Soviet labor collectives with a well-developed informal management apparatus, the rights of workers enshrined in the current legislation are leveled and the practices of “etching” or “surviving” people from work become acceptable. These may be workers with other socio-political views, those who do not succumb to the dominant practices of psychological or sexual oppression, aim to create an independent union, who prefer to work decently, rather than participate in the competition "who is closer to the throne" at regular banquets and meetings, gradually losing professional and personal dignity. The spread of mobbing in the field of labor shows the vulnerability of the most vulnerable categories of the population to increased labor exploitation, declining social status and lack of social support. Predatory laws of the market system dictate predatory behavior to labor market participants who are afraid of losing their livelihoods. Mobbing is a clear result of material stratification and marginalization of a large part of the population of Ukraine. It is to such consequences that global capitalism leads. And of course, we need to treat the causes, not the consequences. However, with adequate legal mechanisms to combat mobbing, one can hope to reduce the violent pressure on the employee. This will be facilitated by the "legal mechanism of counteraction" and not by the punitive pressure of law enforcement agencies, which stigmatizes victims of mobbing as informers and justifies the need for violence against them instead of protecting professional honor and human dignity.
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Iglin, Aleksei Vladimirovich. "Administrative mechanisms for resolving individual labour disputes in foreign countries." SHS Web of Conferences 118 (2021): 03011. http://dx.doi.org/10.1051/shsconf/202111803011.
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According to international labor standards, the labor-management system covers all public administration bodies responsible for and/or involved in labor-management, whether they are ministerial departments or government agencies, including semipublic, regional, or local agencies, or any other form of decentralized administration, and any institutional framework for coordinating the activities of such bodies and for consultation and participation of employers and employees and their organization. In this regard, dispute resolution mechanisms through administrative departments and agencies, labor inspections, and voluntary compliance are most pronounced. The purpose of the study was to conduct a comprehensive analysis of administrative mechanisms for resolving individual labor disputes in foreign countries; to draw conclusions about the effectiveness, prospects, and legal clarity of coordination of labor disputes. When conducting research the author relies on foreign doctrine, the practice of the subjects involved in labor relations, acts of foreign legislation. Research methods: a dialectical approach to the knowledge of administrative mechanisms, allowing analyzing them in their practical development and functioning in the context of coordination of labor legal relations. The comparative legal method and dialectics determined the choice of specific research methods: comparative and formal-legal. The functions, jurisdiction, and procedures of individual labor dispute resolution mechanisms and labor inspectorates are the subject of comprehensive research because of their effectiveness in protecting workers’ rights. The article provides a detailed comparative legal analysis of the specifics of dispute resolution through administrative departments and agencies, the role of labor inspections/law enforcement, and access to justice for workers in unclear or hidden employment relationships. On the basis of a large array of regulative sources, the author concludes about the importance of administrative mechanisms in the proper enforcement of labor laws abroad.
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Mitraysova, Angelina S., and Oksana S. Kuchevasova. "BROADENING THE POWERS OF FEDERAL LABOR INSPECTION: THE ISSUES OF LEGAL VALIDITY AND EFFECTIVENESS." Tyumen State University Herald. Social, Economic, and Law Research 6, no. 3 (2020): 233–47. http://dx.doi.org/10.21684/2411-7897-2020-6-3-233-247.
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The right to remuneration for work is protected not only with the national sources of law (first of all, the Constitution of the Russian Federation), but also with international acts, which emphasize its special significance. The functions of protecting the right to remuneration for work are assigned to a wide variety of structures, including the Prosecutor’s office, courts, and labor dispute commissions. A separate place is assigned to the state labor inspectorates, which are authorized to carry out supervision and control functions for compliance with labor legislation. At the end of 2019, with the adoption of appropriate legislative changes, the powers of state labor inspections were expanded. The new powers included the functions of organizing and carrying out activities aimed at preventing violations of labor laws and other regulatory legal acts containing labor law norms, as well as the functions to enforce the employer’s obligation to pay payments that were accrued to the employee, but were paid in fixed time. In this article, the authors consider the proposed legislative changes, identify the shortcomings of legal regulation, and suggest possible ways to eliminate them, improve the regulatory framework in order to improve the effectiveness of the implementation of state labor inspections of their powers and protect the violated rights of employees. The research methodology is based on a dialectical method that revealed some contradictions in the legal regulation and practice of state labor inspections. Due to the comparative method (when comparing the institution of a court order and a decision on enforcement), shortcomings were identified in the effectiveness of the implementation by the state labor inspections of the power to enforce the employer’s obligation to pay accrued but unpaid wages and other amounts within the framework of labor relations.
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Pyzhova, Maryna Pyzhova. "Functions of legal guarantees in labor law: current issues." Law and innovations, no. 1 (33) (April 5, 2021): 41–45. http://dx.doi.org/10.37772/2518-1718-2021-1(33)-6.
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Problem setting. The concept of “guarantee” is the subject of many scientific studies, and in various fields of law. But this is especially true of labor law, and above all, work on guarantees of labor rights of citizens. That is why a special place in the system of national labor law is occupied by the institution of guarantees and compensations. Unfortunately, the outdated Labor Code of Ukraine has significant problems with terminological uncertainty, as it contains neither a definition of guarantees nor a definition of compensation, in contrast to the Labor Code of the Russian Federation, where Article 164 clearly defines that guarantees are funds. ways and conditions by which the exercise of rights granted to employees in the field of social and labor relations is ensured. And compensations are monetary payments established for the purpose of reimbursement to employees of the expenses connected with performance by them of labor or other duties provided by this Code and other federal laws. Therefore, we see it necessary to investigate and determine the purpose and indicate what functions are guaranteed by labor law in Ukraine. Analysis of recent research. Scientists approach the understanding of the essence and content of legal guarantees in different ways, among them E. Ametistov, V. Andriev, N. Bolotina, O. Valetska, S. Venediktov, S. Verlanov, M. Grekova, S. Ivanov, I. Kiselyov, N. Kokhan, E. Krasnov, M. Feskov, G. Chanisheva, and problems of the institute of remuneration – V. Bozhko, V. Zhernakov, M. Inshin, O. Protsevsky, S. Prilipko, O. Sytnitskaya, N. Khutoryan, O. Yaroshenko, I. Yatskevich and others. Target of research is to consider the issue of legal guarantees in labor law and highlight their functions. Article’s main body. The article considers the issue of assigning legal guarantees in labor law. The author’s definition of the functions of legal guarantees in labor law is given, it is indicated that these are the areas of influence on the realization of employees and employers of their labor rights and responsibilities, protection of rights and freedoms and their restoration in case of violation. It is proposed to distinguish four main functions of legal guarantees in labor law, including security, instrumental, creating a balance between the interests of the employee and the employer, providing stability to labor relations. The articles of the national security legislation which express the specified functions are analyzed. Conclusions and prospects for the development. In our opinion, the definition and understanding of the functions of legal guarantees in labor law is necessary for further scientific and theoretical study of the institution of guarantees in labor law, as well as for law enforcement. We are convinced that guarantees are an important and necessary tool for the realization of the declared rights and freedoms of citizens in the field of labor. That is why there is an urgent need to develop and consolidate at the legislative level the conceptual apparatus of the institution of guarantees.
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Simutina, Yana. "Current Challenges of the Labour Law of Ukraine: On the Way to European Integration." Juridica International 27 (September 30, 2018): 88–93. http://dx.doi.org/10.12697/ji.2018.27.09.
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The article describes the main challenges facing labour law and its practice in modern conditions. In particular, the author concludes that the long and complex process of codifying the labour laws of Ukraine has, regrettably, not yet achieved its main objective – namely, to bring radical change from the old model of socialist labour. The draft Labor Code submitted for consideration would, in reality, introduces some cosmetic changes, which lack the ability to modernise Ukrainian labour law. It is emphasised that in the context of Ukraine’s European integration and the rapid development of innovative information technology, labour legislation should take into account and, in fact, legalise long-standing practices in atypical employment relationships, so as to ensure labour rights and guarantees for persons involved in such activities. The author presents various elements as necessary: revision to the legislative definition of an employment contract, further differentiation and clarification in the legal regulation of labour relations, and rejection of these relations’ ‘excessive regulation’. Also proposed is an approach that renders labour relations more flexible while maintaining and ensuring the fundamental rights of employees.
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Tryakhov, Ilya S. "Dynamics and Causes of Violations of Labor Discipline during the Great Patriotic War (on the Materials of the City of Kovrov)." RUDN Journal of Russian History 19, no. 2 (December 15, 2020): 330–48. http://dx.doi.org/10.22363/2312-8674-2020-19-2-330-348.
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This article explores the causes of labor discipline violations and their dynamics during the Great Patriotic War by the example of a compact rear industrial center - the city of Kovrov, which became part of the Vladimir Region, which stood out from Ivanovo in 1944. Based on the analysis of the documents of the city committee of the city party, including the minutes of the city committee meetings, memoranda from party instructors, plans and reports on the work of industrial enterprises, the author concludes that there is some dynamics in the violation of harsh labor laws at the city enterprises. Studying the stated problem, it was possible not only to identify the causes of numerous violations of labor legislation by workers and employees, but also to find out the attitude and reaction of the Kovrov city committee of the CPSU (b) to these processes. In the course of the study, a fact was confirmed in many respects, which was repeatedly indicated in both domestic and foreign historiography about the continuity of processes in industrial enterprises of the prewar and war years. Moreover, it would hardly be worthwhile to reduce all complex life phenomena and contradictions exclusively to system errors and manifestations of Stalinism. In each specific case described in the sources, there was a human factor and, accordingly, the choice of officials. The revealed historical sources allow us to ascertain the presence of a certain dynamics in the number of violations of labor discipline at the level of the city and individual large enterprises, but which was not observed across the region. If large enterprises were characterized by wave-like dynamics of violations with a tendency to increase sharply at the beginning of the war, then small factories and artels showed a permanent decrease in such cases. An analysis of the labor practice of the war years forces, at least partially, to revise the thesis of Soviet historiography on the exceptional cohesion of the rear, but at the same time confirms the versatility and complexity of the daily lives of rear workers, emphasizes the harsh conditions in which workers and employees had to work during the war years and at the same time proves that the war years society was not monolithic.
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Tarasova, Anna N., and Natalia A. Chernykh. "Risk and threat assessment for youths at regional labor market (the case of the Sverdlovsk Region)." Tyumen State University Herald. Social, Economic, and Law Research 5, no. 4 (2019): 52–75. http://dx.doi.org/10.21684/2411-7897-2019-5-4-52-75.
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This article analyzes the main risks and threats that arise in the contemporary labor market among the young people. Given the changes that are taking place under the economical digitalization, globalization processes, as well as due to the increase in the retirement age in Russia, there is a growing need to study the emerging risks. This paper assesses the level of threats to young professionals entering the labor market. The empirical basis of the work includes the data of statistics on labor and employment in Russia and the Sverdlovsk Region, as well as the results of the two empirical studies conducted by the authors in 2018-2019 by means of content analysis of employers’ advertisements and a questionnaire survey of the population. 6,521 vacancy announcements in the Sverdlovsk region were analyzed. 630 people (aged 18-60) were interviewed the sample was quoted by sex and age. The methods of data analysis include frequency distribution analysis, mean analysis, correlation analysis, and Chi-squared difference analysis. The authors have identified the main types of risks on the labor market: they are the problems of employment and the threat of unemployment; employment outside the studied specialty and “leaving” the profession; high differentiation of wages by industry and salary risks; non-compliance with labor legislation and social guarantees; involvement in informal employment. A detailed analysis of these risks is carried out and the threat level is assessed. The authors conclude that the greatest threat in the regional labor market is the mismatch of places of employment of existing qualifications and received specialty. This threat is dangerous not only on its own, leading to the loss of professional skills and competencies, a decrease in overall productivity, etc. Even worse, it increases the likelihood of other risks in the labor market. The employment outside the studied specialty correlates with violation of labor laws, non-compliance with labor rights of employees, and involvement in informal employment.
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Jaric, Isidora, and Milos Djeric. "Curriculum and labor market: Comparative analysis of the curricular outcomes of the study program in sociology at the Faculty of Philosophy, University of Belgrade and the required competences in the labor market." Sociologija 61, Suppl. 1 (2019): 718–41. http://dx.doi.org/10.2298/soc19s1718j.
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During last several decades, sociological profession has faced serious challenges, both globally and locally. Within the context of labor market in Serbia these challenges, along with inadequate response of professional community; have resulted in the loss of professional monopoly for some job positions and roles. Once respected experts, sociologists, have lost professional monopoly on jobs recognized and affirmed by: (a) state, governmental and independent institutions; (b) business organizations; (c) civil society organizations; and (d) international organizations, all of which employ sociologists with diplomas received from universities in the Republic of Serbia. Although examples for this are numerous, we will limit the analysis to three case studies regarding professional positions of: (1) sociology teacher; (2) researcher in market research industry; and (3) employees of various international organizations. Analysis will use several different sources of empirical data: (a) various legislation and by-laws, especially rules on employment requirements (in state, public, and individual organizations); (b) job advertisements, where we will analyze required competencies for particular positions; and (c) current curriculums for BA and MA studies of sociology on the Department of Sociology Faculty of Philosophy University of Belgrade, where we will analyze provided professional competencies. Analysis will attempt to answer the question if there is a gap between professional competencies provided by study programs and those required of sociologists in the labor market. If the gap exists, we will provide potential solutions on the way in which it can be bridged and position of sociologists on labor market in Serbia improved.
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BARROSO, Fábio Túlio. "OS SINDICATOS PODEM NEGOCIAR DIREITOS TRADICIONALMENTE INDISPONÍVEIS DOS SEUS REPRESENTADOS?" Revista Juridica 4, no. 57 (October 5, 2019): 520. http://dx.doi.org/10.21902/revistajur.2316-753x.v4i57.3787.
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RESUMOObjetivo: O objetivo da pesquisa e analisar os limites da ampliação da negociação coletiva no âmbito do Direito do Trabalho brasileiro em decorrência da edição dos arts. 611-A e 611-B da Consolidação das Leis do Trabalho, advindas da Lei nº. 13.467/2017, em especial sobre quais seriam os limites da autonomia negocial coletiva, sem olvidar-se da análise do papel do sindicato em face desse alargamento na negociação de direitos indisponíveis.Metodologia: Utilizou-se os métodos lógico e dedutivo, por meio de legislação trabalhista e constituional, além da revisão de literatura sobre a matéria.Resultados: Os resultados demonstram que houve uma ampliação da autonomia negocial atribuída aos sindicatos, na medida em que conferem prevalência do negociado sobre o legislado e um alargamento da negociação coletiva entre as empresas e os empregados. Por outro acepção, conclui-se que a reforma trabalhista no aspecto negocial proporcionou risco de possíveis reduções de direitos e garantias fundamentais.Contribuições: A contribuição deste estudo refere-se à discussão de que os sindicatos não podem negociar direitos tradicionalmente indisponíveis.Traçou-se um paralelo a respeito de como se desenvolvia a negociação sindical antes e após a edição dos arts. 611-A e 611-B da Consolidação das Leis do Trabalho, introduzidos pela Lei nº. 13.467/2017, para, ao fim, após a análise de todo o complexo de normas, a principiologia do Direito do Trabalho e a doutrina especializada.PALAVRAS-CHAVE: Reforma trabalhista; direitos indisponíveis, flexibilização. ABSTRACTObjective: To analyze the limits of the expansion of collective bargaining in the scope of Brazilian Labor Law due to the edition of arts. 611-A and 611-B of the Consolidation of Labor Laws, arising from Law no. 13,467/2017, in particular about what would be the limits of collective bargaining autonomy, without forgetting the analysis of the union's role in view of this enlargememt in the negotiation of unavailable rights.Methodology: The logical and deductive methods were used through labor and constitutional legislation, as well as a literature review on the subject.Results: The results show that there was an increase in the negotiating autonomy attributed to the unions, as they confer prevalence of the “negotiated over the legislated” and an expansion of collective bargaining between companies and employees. On the other hand, it can be concluded that the labor reform in the negotiation aspect posed the risk of possible reductions in rights and fundamental guarantees.Contributions: The contribution of this study refers to the discussion that unions cannot negotiate traditionally unavailable rights. A parallel was drawn about how trade union negotiations developed before and after the publication of arts. 611-A and 611-B of the Consolidation of Labor Laws introduced by Law no. 13,467/2017 after the analysis of the whole complex of norms, the principles of Labor Law and the specialized doctrine.KEYWORDS: Labor reform; unavailable rights, relaxation.
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Dei, M., and A. Kochkova. "Peculiarities of insight of the European charter on the status of judges in the context of protecting their labor rights." Fundamental and applied researches in practice of leading scientific schools 28, no. 4 (September 1, 2018): 16–22. http://dx.doi.org/10.33531/farplss.2018.4.03.
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The paper is devoted to questions of legal regulation of the peculiarities of insight the principles of the European Charter on the Status of Judges in the context of their labor rights in accordance with the legislation of Ukraine. It is clear that the development of the rule-of-law state, the protection of human rights and the rule of law are impossible without the effective functioning of the legal system, where one of the components of the judicial system . That is why the relevant legal system must realize the decree where a person is of the highest social value, despite the fact that those who administer justice also need proper protection. That is, it should be noted that the rights of judges as employees, taking into account the specifics of their work and status, should also be protected by the state. In joining the European community of international law, special attention should be paid to certain international standards concerning regulating relevant issues, where the European Charter on the Status of Judges of 1998, adopted within the Council of Europe, which in its turn is declarative, places particular emphasis. This document concerns, for example, issues such as appointment, status of judges, career development, responsibility, termination of judge's powers, etc. The characteristic of this document in the context of the subject under study is that most of the decree is devoted precisely to the labor rights of judges. Obviously, such decrees have become a progressive push for appropriate changes to the laws of the member states of the Council of Europe, where Ukraine did not become an exception, especially in the context of reforming the judicial system.
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Isaac, Joe. "Collective Bargaining under Trade Practices Law." Economic and Labour Relations Review 19, no. 1 (November 2008): 39–56. http://dx.doi.org/10.1177/103530460801900104.
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The Howard Government, supported by the Labor Opposition, legislated in 2007 to enable small businesses to engage in collective bargaining with large businesses under the Trade Practices Act. The object of the legislation is to facilitate greater equality in the bargaining power of the parties. Except where the small business sells goods/commodities rather than a service, a person who is ‘employed’ and the business that provides a ‘service’ are both effectively involved in the sale of labour or in the performance of work in the labour market. However, the legal concepts and procedures relating to collective bargaining in these two types of labour transactions are different. One, the ‘employment’ of persons, is placed in the category of workplace relations operating through labour law; the other, the ‘sale of services', is viewed as a commercial transaction, dealt with through commercial law. This paper considers the question of whether there are sufficiently significant differences between these labour/service transactions as to justify the application of two separate sets of laws to deal with them — one to cover transactions between employers and employees, and the other to cover transactions between small and large businesses. A case study will be used to illustrate the involved and unsatisfactory approach of the commercial law route in determining what is in essence a labour transaction rather than a commodity transaction.
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Yevhen Grebonozhko. "LEGISLATIVE BASES OF PROFESSIONAL-QUALIFICATION COMPLEX FORMATION OF HUMAN POTENTIAL IN THE SYSTEM OF CIVIL SERVICE OF UKRAINE." European Cooperation 4, no. 44 (October 1, 2019): 51–64. http://dx.doi.org/10.32070/ec.v4i44.65.
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The article shows the legislative framework of the professional qualification component of human potential formation in the system of civil service of Ukraine. In particular, the laws of Ukraine on public service, decrees of the President of Ukraine, subordinate legal acts, which created conditions for the development of the national civil service system in 1991-2018, were analyzed. The analysis of Ukraine legislation about government service gives an opportunity to find out not only the conditions of development of national government service system in 1991-2017, but also conceptualize an experience of human potential formation in the system of government service of Ukraine. The author showed the transition from the labor to the public concept of relations in the civil service system of Ukraine, which implies a different view of the identification of workers and employees. This was typical of the countries with the socialist system of law, according to the doctrine of which, every person participates in society, regardless of the scope of his/her work. It was justified that the process of further development of the civil service in Ukraine requires the attention of scientists and legislators on such issues, as strengthening legal guarantees, social and moral protection of civil servants in their professional duties, improving the mechanism of accountability of civil servants, consistent with the rules of administrative, civil, financial, labor and criminal law. The next reform tasks are to improve the system of criteria for evaluating the activities of civil servants. The author also analyzes the means and capabilities of reports on the civil service system in Ukraine. This allows to get statistics and conduct quality analytics. The article contains statistical data on the number of civil servants
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Knyazeva, N. A. "Protection of Workers’ Rights to Timely and Full Payroll." Actual Problems of Russian Law, no. 1 (January 1, 2019): 111–18. http://dx.doi.org/10.17803/1994-1471.2019.98.1.111-118.
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The peculiarity of the violation of the right to full and timely payment of wages is that it, as a rule, is violated simultaneously with respect to all of the employees of one employer. It is concluded that the restoration of the rights of individual workers in such cases entails a violation of the principles of equality of opportunity and equal pay for work of equal value. In view of the objective specificity of the right to timely and full payment of wages, it is proposed to recognize the right to protection in the event of its violation in the same way by one employer not only for each worker, but also for the group of workers as a whole. It has been proved that wage collection disputes meet the conditions for classifying disputes as group claims formulated in legal doctrine, foreign practice and draft laws. In this regard, it is proposed to include such disputes in the list of categories of cases that may be considered in the framework of the procedure for protecting the rights of a group of persons. The expediency of recognizing the right to suspend work as self-defense in the event of a wage payment delay of at least one day has been proved. The author analyzes the court practice on consideration of disputes on the recovery of wages paid in a different amount than established by a written labor contract, and reveals the impossibility of protecting the rights of workers to the full payroll. To solve this problem, it is proposed to introduce into labor legislation the rules on recognition simulated conditions of an employment contract for setting wages in a smaller amount than the parties actually agreed as inadmissible.
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Tamara, Novak. "To the issue of introducing a risk-oriented approach in the field of labor protection in the legislation of Ukraine." Law. Human. Environment 12, no. 1 (May 15, 2021). http://dx.doi.org/10.31548/law2021.01.009.
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The article is devoted to the analysis of the state of introducing a risk-oriented approach in the field of labor protection at the legislative level in Ukraine. It has been found that the main reason for the high level of production injuries and occupational diseases is bases the existing normative acts on labor protection on the «jet principle». The importance of introducing a risk-oriented approach to the organization of labor protection in Ukraine is emphasized as an objective need to withstand labor protection in our country for a qualitatively new level, and the need to comply with international standards in the field of security and health of employees. As a result of the analysis of prospective legislation on occupational safety, in particular the draft Law of Ukraine «On Safety and Health of Workers at Work», concludes on the election of the correct vector of renewal of labor protection legislation in terms of introducing a risk-oriented approach in the field of occupational safety. The draft Law of Ukraine «On Security and Health of Workers at Work» in general meets international standards in the field of occupational safety and allows to solve the main problems in terms of motivation of employers and employees to comply with the legislation on labor protection. This may contribute to the draft laws: about improvement of the settlement of employers' responsibility for violating the requirements of labor protection legislation; About the size and ways of forming the amount of financing of labor protection due to a preliminary assessment and analysis of industrial risks. An analyzed draft law in case of its adoption can reduce bureaucratic pressure on employers and give it a larger freedom to organize the protection of labor at the level of an entity, promptly responding to changes in production processes and economic conditions. Keywords: labor safety and health of the workers, legislation, bill, labor protection, production risk, system of labor protection
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Schofield-Georgeson, Eugene. "Industrial legislation in Australia, 2020." Journal of Industrial Relations, April 17, 2021, 002218562110082. http://dx.doi.org/10.1177/00221856211008260.
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In 2020, the Federal Morrison Liberal Government scrambled to respond to the effects of the international coronavirus pandemic on the Australian labour market in two key ways. First, through largescale social welfare and economic stimulus (the ‘JobKeeper’ scheme) and second, through significant proposed reform to employment laws as part of a pandemic recovery package (the ‘Omnibus Bill’). Where the first measure was administered by employers, the second was largely designed to suspend and/or redefine labour protections in the interests of employers. In this respect, the message from the Federal Government was clear: that the costs of pandemic recovery should be borne by workers at the discretion of employers. State Labor Governments, by contrast, enacted a range of industrial protections. These included the first Australia ‘wage theft’ or underpayment frameworks on behalf of both employees and contractors in the construction industry. On-trend with state industrial legislation over the past 4 years, these state governments continued to introduce industrial manslaughter offences, increased access to workers’ compensation, labour hire licensing schemes and portable long service leave.
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RICCERI, MARCO, and IRINA SHESTERYAKOVA. "MODERN CHALLENGES TO LABOR RELATIONS: DISCUSSION ON THE GLOBAL REGULATION OF THE LABOR MARKET." Herald of The Euro-Asian Law Congress, September 12, 2018, 69–78. http://dx.doi.org/10.34076/2619-0672-2018-2-69-78.
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Introduction: the authors study the possibility of the global regulation of the labor market. To highlight the topic the article presents the opinions of two experts. Methods: comparison, description, classification. The subjects of the study are international treaties ratified within the framework of international organizations and pools, statistical data. Analysis: economic, social, political and other changes constantly occur in the modern world. It influences the emergence of new forms of competitive ability, pursuit to new opportunities of profit, restructuring of industry, production units, mobility of the workforce, migration flows and formation of new communities, social and cultural relations. In such conditions it is important to observe labor and other social rights of employees, guarantees of labor unions activity. The article faces the questions of how and in what ways it is possible to develop uniform norms and concepts capable of promoting more fruitful specific state cooperation in the common interests of managing the labor market. Results: professor M. Ricceri pays attention to the fact that global competition «stresses» the growing importance of institutional factors to regulate the labor market, namely the applicable laws and rules regulating the conduct of more important participants of the development process: government, system of business, employees and labor unions. Their experience shows that improving of economy and social welfare and also promotion of sustainable growth ultimately depends on the capability to adapt institutes, norms and conduct globally. These are the problems which should be solved by integration and management decision. Professor I. V. Shesteryakova points out that nowadays labor legal integration of states is a process of mutual adaptation of labor legislation of the states through rapprochement, harmonization and unification based on international legal rules. Thus it is possible to work out uniform notions and approaches to manage the global labor law in the framework of labor legal geo-integration.
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Veretin, V. "CONTRACT AS THE REASON FOR THE CURRENT LABOR LEGISLATION OF POLICE IN UKRAINE." Social Law, no. 1 (March 1, 2019). http://dx.doi.org/10.37440/soclaw.2019.01.14.
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The article is devoted to the study of the contract on service in the police as the basis for the emergence of labor relations of police officers. The article examines the norms of national legislation providing for the use of a contract as a basis for the emergence of labor relations, as well as scientific approaches to understanding the nature and characteristics of a contract. The definition of the “contract on service in the police” and the proposals for the improvement of national legislation in the field of service in the police are given.
It is substantiated that the Labor Code of Ukraine stipulates in fact two grounds for the emergence of an employment relationship: an employment contract and a contract. Along with this it is proposed to highlight other reasons, namely the act of appointment; the act of election to office; the decision of the competition commission; a court decision on the conclusion of an employment contract; referral to work by a body authorized by the law at the expense of the established quota.
It is stated that the scope of contracts is limited by the laws of Ukraine, that is, contracts can be concluded by employers only with those categories of employees that are clearly defined by law. Non-compliance with this rule is a ground for recognition in accordance with Art. 9 of the Labor Code invalid contractual working conditions, which worsen the position of the employee in comparison with the legislation of Ukraine. The thesis that the Labor Code of Ukraine primarily calls the contract a special form of employment contract, however, has been raised in the legal literature regarding this definition.
The author makes arguments about the expediency of making changes to Art. 63 of the Law of Ukraine "On the National Police"