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Journal articles on the topic 'Industrial relations – Law and legislation – Malawi'

Author: Grafiati

Published: 4 June 2021

Last updated: 13 February 2022

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1

KERR, TONY. "Irish Industrial Relations Legislation Consensus not Compulsion." Industrial Law Journal 20, no. 4 (1991): 240–57. http://dx.doi.org/10.1093/ilj/20.4.240.

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2

Sutherland, Carolyn, and Joellen Riley. "Industrial Legislation in 2007." Journal of Industrial Relations 50, no. 3 (2008): 417–28. http://dx.doi.org/10.1177/0022185608089997.

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The Howard government's draconian Work Choices laws will soon be history. A change of government at the 2007 federal election means that Australian industrial relations legislation will continue to be a turbulent field, for some time yet. This review provides an account of the last piece of industrial legislation passed by the Howard government, to introduce a `Fairness Test' in an attempt to ameliorate public concern about the patent unfairness of some aspects of the Work Choices laws. The same Act made some changes to the way in which `prohibited content' is regulated in workplace agreements

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3

McCrystal, Shae, and Belinda Smith. "Industrial Legislation in 2010." Journal of Industrial Relations 53, no. 3 (2011): 288–302. http://dx.doi.org/10.1177/0022185611402004.

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Two themes in legislative activity in 2010 were national uniformity and some movement in using law to promote equality, especially gender equality. The Fair Work Act 2009 (Cth) came into full effect with the commencement of the new safety net provisions and the referral to the Commonwealth of industrial relations powers over private-sector workforces in all states except Western Australia. Progress continued on the promised harmonization of Australian occupational health and safety laws with the release of a model Work Health and Safety Bill by Safe Work Australia, although developments in som

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4

Schofield-Georgeson, Eugene, and Michael Rawling. "Industrial legislation in Australia in 2019." Journal of Industrial Relations 62, no. 3 (2020): 425–45. http://dx.doi.org/10.1177/0022185620911682.

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In this 2019 electoral year, a federal Morrison Liberal Government was returned to power with little in the way of an industrial agenda. It failed to implement its key legislation, which mainly included reform to union governance and changes to religious freedom in the workplace. Meanwhile, the state governments, particularly the Victorian Andrews Labor Government, reviewed a swathe of labour law, including wage theft, industrial manslaughter, owner–driver legislation and workers' compensation laws and implemented a host of progressive changes. This year has also seen the continuation of a key

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Rawling, Michael, and Eugene Schofield-Georgeson. "Industrial legislation in Australia in 2018." Journal of Industrial Relations 61, no. 3 (2019): 402–20. http://dx.doi.org/10.1177/0022185619834058.

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It has been a quiet year like last year for the passing of federal industrial legislation (due to a number of factors, including the political turmoil of the federal coalition government and their lack of an overall labour law reform agenda). This article examines key federal industrial legislative developments including the Modern Slavery Act 2018 (Cth). The article identifies that the federal Act contains much weaker compliance measures than the counterpart New South Wales legislation also passed in 2018 – the Modern Slavery Act 2018 (NSW). Also, although the Coalition government has attempt

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Forsyth, Anthony. "Industrial legislation in Australia in 2016." Journal of Industrial Relations 59, no. 3 (2017): 323–39. http://dx.doi.org/10.1177/0022185617693876.

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After three years of trying, the Coalition Government finally succeeded in obtaining passage of several key workplace reform statutes in 2016. This followed the outcome of the federal election held on 2 July, delivering the Government a differently composed Senate and a new opportunity to secure support for its legislative program. This review article explains key aspects of the industrial legislation passed by federal Parliament in 2016, including statutes abolishing the specialist road transport industry tribunal, re-establishing the Howard-era regulator for the construction industry, and se

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Susanto, Eko Adi. "Labour Rights Protection in Industrial Relations Issues." Rechtsidee 2, no. 2 (2015): 109. http://dx.doi.org/10.21070/jihr.v2i2.78.

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Many violations of the terms of employment at Surabaya, employment protection and working conditions for workers who are not provided by employers to the maximum, according to the legislation in force, while the legal protection for workers constrained because of the weakness in the system of employment law, both the substance and the culture built by governments and companies. How To Cite: Susanto, E. (2015). Labour Rights Protection in Industrial Relations Issues. Rechtsidee, 2(2), 109-120. doi:http://dx.doi.org/10.21070/jihr.v2i2.78

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Pisarczyk, Łukasz. "Influence of EU law on Collective Labour Law in Poland (Institutions at the National Level)." Studia Iuridica 71 (November 20, 2017): 0. http://dx.doi.org/10.5604/01.3001.0010.5827.

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Although the competences of the EU in the field of industrial relations are limited, European standards concerning collective labour law have significantly affected domestic legal systems, including Polish law. EU legislation forced a reconstruction of a model of collective representation of employee interests. Polish law shifted from single- to double-channel representation with trade unions and employee councils (involved in information and consultation procedures). Under the influence of EU law the Polish legislator has established a number of collective procedures aimed at the protection o

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9

Ludeke, J. T. "The External Affairs Power: Another Province for Law and Order?" Journal of Industrial Relations 35, no. 3 (1993): 453–67. http://dx.doi.org/10.1177/002218569303500306.

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Although there was some surprise when the prime minister announced that the government would legislate to give effect to certain conventions of the International Labour Organisation, the way has been open to take this initiative for many years. The possibility of relying on the external affairs power in the Constitution to invoke the conventions, and thereby regulate labour conditions, was first canvassed in the High Court in 1936. Since 1982, there has been a series of cases involving Common wealth legislation founded on conventions to which Australia is party and it is now well established t

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10

Pramono, Agus. "Settlement of Industrial Relations Disputes and Termination of Work Relations according to the Applicable Legislation." Walisongo Law Review (Walrev) 2, no. 2 (2020): 169. http://dx.doi.org/10.21580/walrev.2020.2.2.6671.

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<p>This article discusses the settlement of industrial relations disputes and termination of employment according to the applicable laws. Industrial relations disputes can be divided into two types: disputes over rights and disputes over interests. The relationship between workers and employers is a relationship that needs each other; workers need wages, employers benefit. However, in practice there are problems, so employers give Warning Letters I and II which are followed by Termination of Employment (PHK). The process of resolving this problem can be carried out through Bipartite, Med

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11

Nothdurft, John, and Hilary Astor. "Laughing in the Dark—Anti— Discrimination Law and Physical Disability in New South Wales." Journal of Industrial Relations 28, no. 3 (1986): 336–52. http://dx.doi.org/10.1177/002218568602800302.

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Legislation in New South Wales proscribes discrimination, both direct and indirect, against people with disabilities. The coverage of the legislation is wide and includes dis crimination in all aspects of employment and the provision of education, accommo dation, goods and services, and in registered clubs. The procedures that must be followed by a person with a disability to establish that discrimination has taken place have, however, caused problems. This paper reviews the New South Wales legislation and its operation, particularly in relation to equal employment opportunity programmes and p

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12

Hall, Richard. "The Politics of Industrial Relations in Australia in 2007." Journal of Industrial Relations 50, no. 3 (2008): 371–82. http://dx.doi.org/10.1177/0022185608089994.

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Industrial Relations proved to be one of the dominant issues in the 2007 federal election campaign with the Government at first defending, and then moderating, their Work Choices legislation. The Labor Opposition benefited greatly from the successful Australian Council of Trade Unions (ACTU) campaign against Work Choices and established a significant electoral advantage on the issue. Labor introduced its own IR policy alternative under the banner `Forward with Fairness' and then spent a good deal of 2007 trying to sell its policy to business. The final policy adopted by Labor, and set to becom

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13

Ewing, K. D., and B. W. Napier. "The Wapping Dispute and Labour Law." Cambridge Law Journal 45, no. 2 (1986): 285–304. http://dx.doi.org/10.1017/s0008197300120975.

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A decade ago the conflict between George Ward, proprietor of Grunwick Processing, and the Association of Professional, Executive Clerical and Computer Staff (APEX) provided a platform for an extended debate about the role of the law in industrial relations, the right of employers to refuse to recognise trade unions for collective bargaining purposes and, in particular, the efficacy of legislation as a means of promoting such recognition. In 1986 the decision to move the printing of various newspapers within the News International Group (the chairman of which is Mr. Rupert Murdoch) from Fleet S

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Ortega, Fernando Fita. "Spanish Employment Legislation Reforms in the Recent Crisis - Towards a New Model of the Industrial Relations System." Olsztyn Economic Journal 9, no. 4 (2014): 271–88. http://dx.doi.org/10.31648/oej.3181.

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The recent crisis and its consequences have induced major changes in Spanish employment legislation which may lead into what could be recognized as a new model of the industrial relations system. Since the early 90's, and as a reaction to globalization, the need of introducing measures for promoting adaptability and flexibility have had echoes in Spanish employment legislation. However, the crisis we are experiencing nowadays is having a greater impact upon the Spanish economy, and hence on employment regulations, than any other previous crisis. The legislature's reaction in order to reverse t

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Kirin, R., P. Baranov, and I. Koziakov. "GEMOLOGICAL LAW OF UKRAINE: FORMATION PROBLEMS AND DEVELOPMENT PROSPECTS." Visnyk of Taras Shevchenko National University of Kyiv. Geology, no. 2 (93) (2021): 6–14. http://dx.doi.org/10.17721/1728-2713.93.01.

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The article analyzes the scientific and legislative provisions connected with the specifity of the legal regulation of relations in the field of gemological activity and gemological objects. The current state of sources of gemological law and their belonging are investigated, which is nowadays ambiguous, since they get to a system of currency law (a component of financial and credit or budgetary and financial legislation) as well as to a system of industrial legislation, while having the provisions of mining, economic, civil, administrative, fiscal, customs and expert legislation in the conten

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Luo, Siqi. "Agendas, alternatives, and collective labour law." Employee Relations 39, no. 4 (2017): 541–60. http://dx.doi.org/10.1108/er-08-2016-0167.

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Purpose The purpose of this paper is to explore how different actors interacted to influence local labour legislation in the case of the collective bargaining regulations in Guangdong Province, China, using long-term observation and in-depth interviews. Design/methodology/approach This paper uses the case study method to investigate the process of local labour law-making in China. First, the primary data focus on a series of in-depth interviews conducted in 2014. In Guangdong Province, the author collected the thoughts of three well-informed provincial and municipal-level trade union officials

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17

Koukiadaki, Aristea. "Reflexive law and the reformulation of EC-level employee consultation norms in the British systems of labour law and industrial relations." International Journal of Law in Context 5, no. 4 (2009): 393–416. http://dx.doi.org/10.1017/s1744552309990231.

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The 2002/14/EC Directive establishing a general framework for informing and consulting employees in the European Community allowed considerable flexibility in transposition and implementation. Viewing – in line with reflexive law theory – the Directive as a key tool in allowing EC law to become embedded in the national legal and industrial relations systems, the paper assesses its transposition and impact in Britain. The very flexibility of the Directive made it possible for the British social systems to respond in an innovative way to the changing forms of employee representation. But the rel

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Ramli, Lanny, and Samuel Nikodemus Kaban. "Legal Action on Labour Inspection Memo in Industrial Relations in Indonesia." International Journal of Criminology and Sociology 10 (April 30, 2021): 668–74. http://dx.doi.org/10.6000/1929-4409.2021.10.78.

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The research purpose is to study the professional relationship between workers and employers which is called industrial relations. This is motivated by the fact that workers and employers need to synergize in the process of producing goods and services for the community. In fulfilling the purpose and object of their role and activities and the quid pro quo relationship, the stakeholders pursue different interests. Employers try to earn a maximum profit by spending the least cost possible. In contrast, workers earn the maximum results with the least minimal effort. By using the socio-legal appr

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19

Potkina, Irina V. "SUCCESSION OF COMMERCIAL AND INDUSTRIAL PROPERTY IN LATE IMPERIAL RUSSIA: LAW AND PRACTICE." Ural Historical Journal 72, no. 3 (2021): 116–24. http://dx.doi.org/10.30759/1728-9718-2021-3(72)-116-124.

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The article deals with some issues of elaboration of the most important part of civil laws connected with property relations in the field of entrepreneurship. In the early 19th century, Russia was in the process of forming corporate legislation, which put the empire on a par with the advanced Western European countries from this point of view. That fact contributed to the broader development of entrepreneurship, which could legally be carried out in various forms. At the same time, work was carried out on the improvement of such a legal category as the institution of property, on rethinking an

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20

Budnikova, Yu E. "LEGAL NATURE OF CONTRACTS IN THE FIELD OF ENTREPRENEURIAL FISHING." Bulletin of Udmurt University. Series Economics and Law 30, no. 1 (2020): 120–24. http://dx.doi.org/10.35634/2412-9593-2020-30-1-120-124.

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The article analyzes the legal nature of contractual relations arising from the implementation of entrepreneurial fishing (industrial and coastal). The question under examination is to which type of contracts we can attribute obligations in the field of fisheries: civil law, business or natural resources. Norms of which branch of legislation should govern contractual relations in the field of fisheries? Contracts that generate entrepreneurial obligations in the field of fisheries, as well as provide the right to harvest (catch) aquatic biological resources, are at the same time the basis for t

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Otto, J. M. "International Law and Environmental Legislation in Developing Countries, with Special Reference to India and Indonesia." Leiden Journal of International Law 4, no. 1 (1991): 109–17. http://dx.doi.org/10.1017/s0922156500001850.

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1. INTRODUCTIONAttention for the pollution and degradation of the human environment over the last decades has resulted in an unprecedented increase of activities regarding environmental policy and law at both international and national levels. Since 1972 international resolutions and agreements have distinguished between environmental problems of developing countries and those of industrial countries. In that year it was proclaimed at the Stockholm UN-Conference on the Human Environment that in the developing countries most of the environmental problems are caused by under-development. The ext

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22

Chandler, Timothy D., and Rafael Gely. "Card-Check Laws and Public-Sector Union Membership in the States." Labor Studies Journal 36, no. 4 (2011): 445–59. http://dx.doi.org/10.1177/0160449x11425716.

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We examine the impact of state card-check legislation on public-sector union membership. Based on an empirical analysis of data from 2000 to 2009, a time during which eight states enacted card-check legislation for public employees, we find significantly higher levels of public-sector union membership for states that passed card-check legislation in years after the laws were enacted relative to states that did not pass such laws. Moreover, average public-sector union membership increased for the states that passed card-check legislation after the laws were passed relative to their precard-chec

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23

Meshcheryagina, Veronika, Maria Vilacheva, Alexander Kurdyumov, Madina Kyarova, and Svetlana Temmoeva. "The mechanism of legal regulation of innovative technologies in the agro-industrial complex of the Eurasian Economic Union: realities and prospects." E3S Web of Conferences 262 (2021): 03015. http://dx.doi.org/10.1051/e3sconf/202126203015.

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The article contains a research of the elements of the legal mechanism for regulating public relations in the field of digitalization of the agro-industrial complex of the EAEU, highlights the legal means of integrating the norms of international and domestic law (using the example of the Russian Federation) in the mechanism of regulation of the agro-industrial complex of the EAEU. It is concluded that in the process of implementing the EAEU norms into the domestic legislation of Russia, there is a combination of two independent legal systems, respectively. The elements of the mechanism for th

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Nwoke, Uchechukwu. "Imposition of trade tariffs by the USA on China: implications for the WTO and international trade law." Journal of International Trade Law and Policy 19, no. 2 (2020): 69–84. http://dx.doi.org/10.1108/jitlp-01-2019-0003.

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Purpose The increased integration of national economies and the belief that international trade is beneficial to societies has led to the formation of the World Trade Organization (WTO), to regulate the conduct of international trade by national governments. Using US domestic legislation and case laws, as well as the provisions of the General Agreement on Tariffs and Trade (GATT) 1994, the purpose of this paper is to analyze the legality or otherwise of the recent imposition of unilateral trade tariffs by the USA on China. Design/methodology/approach This paper adopts a doctrinal approach thro

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Fritsch, Clara. "Business as usual? Employees' organisations' strategies in welfare legislation in Austria." Transfer: European Review of Labour and Research 12, no. 1 (2006): 31–48. http://dx.doi.org/10.1177/102425890601200105.

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The influence and power of the Austrian employees' organisations within the legislative process is declining. Since the change of government in 2000, this trend has accelerated. The goals and demands of the employees' organisations are increasingly disregarded, as is exemplified by the recently enacted law on the childcare allowance which has had a powerful impact on the Austrian labour market. First indications show that, in spite of the employees' organisations' efforts to regain ground, they have been unable to curb this trend.

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Репетева, Олеся, Olesya Repeteva, Дмитрий Липинский, and Dmitriy Lipinskiy. "Legal responsibility in the sphere of labor relations as an inter-branch Institute of law." Advances in Law Studies 4, no. 3 (2016): 80–85. http://dx.doi.org/10.12737/21921.

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The scientific article is devoted to legal liability in the field of labor relations. On the basis of current legislation and practice is justified that the system of law interindustry functional institute of legal responsibility in the sphere of labor relations that make up the rules of disciplinary, administrative, civil, financial, criminal, and citizens liability. It is concluded that the presence of interindustry institution emphasize the following factors. Firstly, it can be protected or regulated labor relations. Secondly, between institutions there are genetic, coordination and subordi

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Najeeb, Ali, and Mary Barrett. "Conformance or evasion." Employee Relations: The International Journal 41, no. 6 (2019): 1183–204. http://dx.doi.org/10.1108/er-08-2018-0209.

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Purpose The purpose of this paper is to investigate how resort managers respond to employment legislation (Law No. 02/2008). Design/methodology/approach The qualitative case study data from seven self-contained tourist resorts in the Maldives were used to investigate the managerial responses to employment legislation. Findings Resort managers’ responses ranged from passive compliance to active resistance, with decoupling through opportunism as the dominant strategy used to circumvent the legislation. Some human resource management (HRM) practices emerged from resort managers’ interactions with

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Shakhnazarov, B. A. "Direct Application of the Rules of International Agreements in the Implementation of the Protection of the Rights of Subjects of Domestic and Cross-Border Relations." Actual Problems of Russian Law 15, no. 8 (2020): 174–84. http://dx.doi.org/10.17803/1994-1471.2020.117.8.174-184.

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The paper attempts to comprehensively investigate the problems of the direct application of the provisions of international agreements for the purpose of regulating various intrastate as well as cross-border relations. It is noted that this opportunity seems to be an effective mechanism for protecting the rights of the subjects of the relevant relations. An analysis of law enforcement practice is carried out for the direct application of the provisions of international treaties when they conflict with the provisions of national legislation or regardless of the establishment of such a conflict.

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Zimmer, Reingard. "Living wages in international and European law." Transfer: European Review of Labour and Research 25, no. 3 (2019): 285–99. http://dx.doi.org/10.1177/1024258919873831.

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A number of countries worldwide provide for a statutory minimum wage. Generally speaking, however, it is not a living wage, although the right to a living wage is guaranteed in a variety of agreements under both international and European law. The Council of Europe’s European Social Charter (ESC), for example, codifies a living wage and, according to the case-law of its supervisory body, the level of 60 per cent of the net average wage is to be taken as the basis for appropriate remuneration. This article argues that the Charter of Fundamental Rights of the European Union also incorporates the

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Kulikov, Volodymyr. "INFORMAL LABOR RELATIONS WITHIN THE INDUSTRIAL ENTERPRISES OF THE LATE RUSSIAN EMPIRE." City History, Culture, Society, no. 5 (November 8, 2018): 84–98. http://dx.doi.org/10.15407/mics2019.05.084.

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The article presents a study of informal labour relations within the industrial enterprises of the Russian Empire based on materials from the Dnieper-Donets region during the period 1870–1917. The analysis is based on narrative writings created by the entrepreneurs and workers as primary sources, supplemented by analytical data collected by the zemstvo and state commissions. The article demonstrates that informal labour relations took various forms such as informal employment, manipulation with the workers’ wages, requiring and performing activates which were not listed in the employment

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Aliyeva-Baranovska, Vira, and Olha Sirenko. "Comparative characteristics of trade secret in the legislation of foreign countries and in international law." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (2020): 135–49. http://dx.doi.org/10.31733/2078-3566-2020-4-135-149.

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The purpose of the article is to investigate the place of trade secrets in regulations, international treaties, foreign legislation, and key means of protecting trade secrets in accordance with these regulations. A comparative analysis of current norms and provisions of the system of legislation of foreign countries in terms of protection of trade secrets. An analysis is performed of international treaties and the legal framework of foreign countries, namely, the Paris Convention for the Protection of Industrial Property, the Stockholm Convention establishing the World Intellectual Property Or

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Aryamov, A. A., and Yu V. Gracheva. "DIGITALIZATION: CRIMINAL LAW RISKS IN THE ECONOMY." Actual Problems of Russian Law, no. 6 (July 18, 2019): 108–16. http://dx.doi.org/10.17803/1994-1471.2019.103.6.108-116.

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Any industrial revolution not only opens up new opportunities for society and the state, but also endows criminals with previously non-existing methods and tools for committing crimes. Automation and production robotization, artificial intelligence, 3D printing, the creation of new materials and technologies (biotechnologies and information technologies), etc characterize the fourth industrial revolution. One of the objects of the criminal law protection under threat of harm due to digitalization is the economy (public relations arising from ensuring the normal functioning of the economy as a

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Inshakova, Agnessa. "Law and Information Technology Transformation of Public Relations Under Industry 4.0 Conditions." Legal Concept, no. 4 (December 2019): 6–17. http://dx.doi.org/10.15688/lc.jvolsu.2019.4.1.

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Under the conditions of the fourth industrial revolution the objectively developing processes in the economy should receive adequate legal support, not only taking into account the potential positive results, but also able to identify and neutralize the possible negative impact and consequences of accelerated transformation. This circumstance has given rise to the integrated relationship of the project with one of the fundamental areas of modern jurisprudence – the study of the economy digital algorithmization as the main part of the architecture of the fourth industrial revolution, combined w

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Zulkarnaen, Ahmad Hunaeni. "KONFIGURASI POLITIK DAN KARAKTER HUKUM DALAM PERUMUSAN PERJANJIAN KERJA PERORANGAN DAN PERJANJIAN KERJA BERSAMA." Jurnal Hukum Mimbar Justitia 4, no. 1 (2018): 89. http://dx.doi.org/10.35194/jhmj.v4i1.369.

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The creation of employment and strive through the clarity of the rights and obligations of the parties (worker/workers and employers), to clarify the rights and obligations of the parties in industrial relations, both regarding the rights and obligations are the norms of work (Labour Legislation) as well as the nature of Work Terms (Terms of Employment), need a means of industrial relations in the form of Individual Work Agreements (PKP) who apply individually and joint work Agreement (PKB) who collectively apply. The problem examined concerns the political configuration of the legitimately in

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Osiadla, M. V. "Authentic interpretation of legal norms: theoretical aspec." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 215–20. http://dx.doi.org/10.33663/2524-017x-2021-12-37.

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The article examines the problem of interpretive activity in the law enforcement process, which is due to the need to clarify the content of the legal norm. The issue of interpretation in the process of application of legal norms is considered, as the modern Ukrainian legislation is not regulated and contains internal conflicts. The article describes the types of official normative interpretation, in particular, as authentic, legal, departmental. The use of interpretation in the law enforcement process as an opportunity to understand the essence of legislative terms,ensuring equal application

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Kopytsia, M. "ON THE ISSUE OF STATE SUPPORT AND PUBLIC ADMINISTRATION IN AGRICULTURAL LAW OF UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 113 (2020): 18–23. http://dx.doi.org/10.17721/1728-2195/2020/2.113-4.

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The course of European integration chosen by the state and the further accession of Ukraine to the European Union requires, in turn, the reform of national legislation and the system of authorities, as well as a review of the state's role in the life of public relations, including agrarian ones. In this regard, there is a need to carry out agrarian reform of Ukraine, the main purpose and task of which is to ensure the activity of the national commodity producer, to bring the agrarian sector of Ukraine to the international level, as well as to strengthen the position of Ukrainian products in th

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Bulat, Ievgeniia, and Roman Pichko. "Civil legal aspects of the recodification of intellectual property rights." E3S Web of Conferences 168 (2020): 00023. http://dx.doi.org/10.1051/e3sconf/202016800023.

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At the present stage those questions are especially relevant that are connected with civil legislation and intellectual property institution recodification. Intellectual property covers all fields of activity, in particular, agro-industrial, chemical, mining and other industries. The article defines that in Ukraine the necessity of civil legislation recodification includes the ridding of all explicit collisions. Also, it includes the implementation of the world’s best experience in civil relations regulation and its stability and in definition of the direction of the further normative and legi

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Hambler, Andrew. "Managing workplace religious expression within the legal constraints." Employee Relations 38, no. 3 (2016): 406–19. http://dx.doi.org/10.1108/er-03-2015-0054.

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Purpose – The purpose of this paper is to consider in broad terms how employers may respond to different forms of religious expression by employees in the workplace, within the discretion afforded to them by law. Design/methodology/approach – Through a discussion of relevant legislation and case law, and a review of relevant literature, it seeks to identify the legal constraints within which employers must operate when determining policy and practice in this area and gives consideration to how they should respond. Findings – It is observed that employers enjoy considerable freedom either to im

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Daugareilh, Isabelle. "Employee participation, ethics and corporate social responsibility." Transfer: European Review of Labour and Research 14, no. 1 (2008): 93–110. http://dx.doi.org/10.1177/102425890801400109.

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Employee participation is deemed necessary in the name of good governance and corporate social responsibility. For this reason it forms an essential aspect of legal instruments drafted by international public institutions and aimed at multinational enterprises. Despite this, enterprises clearly prefer to take a unilateral approach in the rules they adopt to implement CSR policies, and an individual approach to employee relations, to the detriment of collective labour relations. CSR thus presents two radically different facets: one of which is favourable to transnational social dialogue, while

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Sonhaji, Sonhaji. "Analisis Putusan Mahkamah Agung Nomor 501 K/ PDT.SUS-PHI/ 2016 Tentang Pemutusan Hubungan Kerja." Administrative Law and Governance Journal 1, no. 2 (2018): 128–48. http://dx.doi.org/10.14710/alj.v1i2.128-148.

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The purpose of this study is to know that the Certain Working Agreement on Oral Time is not allowed in the legislation, the Supreme Court judges consideration in deciding the case Number 501 K / Pdt.Sus-PHI / 2016 and the conformity of the decision with the law applicable in Indonesia. This study uses normative juridical method, which is analytical descriptive, with data collection method in the form of library study and supported by interview with judges. The results of the research show that First, the judge's decision is unfair to both parties litigation because the defendant is not punishe

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Makushev, Andrey E. "LAWS AND INTERESTS: Factory Inspection Relationships with Owners and the Administration of Industrial Enterprises of Russia at the Beginning of the 20th Century (Based on Materials from the Middle Volga Region)." Humanitarian: actual problems of the humanities and education, no. 4 (December 30, 2018): 409–28. http://dx.doi.org/10.15507/2078-9823.044.018.201804.409-428.

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Introduction. Factory inspection was one of the key institutions that influenced the industrial development of Russia in the late XIX – early XX centuries. The factory inspection, closely integrated into the state management system, went through several stages of its formation and development. Being at the very center of social contradictions within the framework of an increasingly acute “work issue”, the factory inspectorate was often criticized by various political forces, as well as by entrepreneurs and the public. Research methods. The range of applied research methods when considering thi

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Davydiuk, Oleksandr. "Economic and legal regulation of the technology subsystem of the National innovation system." Law and innovative society, no. 2 (15) (January 4, 2020): 97–104. http://dx.doi.org/10.37772/2309-9275-2020-2(15)-15.

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Problem setting. The fact of significant technological lag of the national economy of Ukraine from the countries of the European Union and South and North America is obvious. In addition to the economic components of this trend, of great importance is the lack of necessary organizational and regulatory prerequisites for the mass dissemination of technology transfer and development of public relations for their creation, transfer of rights and implementation in the productive sector of the economy. The current legislation that regulates innovation and determines the status of technology, unfort

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Makushev, Andrey E. "SOCIAL RESPONSIBILITY OF BUSINESS IN THE SYSTEM OF ORGANIZATION OF INDUSTRIAL PRODUCTION OF THE MIDDLE VOLGA REGION AT THE BEGINNING OF THE XX CENTURY (on the Example Of The Implementation of the “Law On June 2, 1903 ...”)." Economic History, no. 3 (September 30, 2018): 276–97. http://dx.doi.org/10.15507/2409-630x.042.014.201803.276-297.

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Introduction. The article is devoted to the analysis of the tendency of growth of the social responsibility of Russian business in the sphere of industrial production through the prism of law enforcement practice of implementing the articles of the law adopted on June 2, 1903 “On remuneration of owners of industrial enterprises of workers and employees who lost their ability to work due to accidents” on the example of industrial enterprises in the provinces of the Middle Volga region. Methods of research. The range of applied research methods when considering this topic is determined by the in

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Recchia, Giuseppe Antonio. "The future of collective bargaining in Italy between legislative reforms and social partners’ responses." Transfer: European Review of Labour and Research 23, no. 4 (2017): 457–73. http://dx.doi.org/10.1177/1024258917729320.

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In recent years, Italian legislation seems to have accomplished a ‘corporatisation’ of collective bargaining in response to employers’ demands, without the filter of national collective bargaining. Article 8 of Law No. 148/2011 made it possible to deviate from legislative provisions and industry-wide collective bargaining on a wide range of topics. The Legislative Decrees implementing the Jobs Act in 2015 have gone even further, allowing the possibility of a different regulation both through different levels of collective bargaining and through individual agreements. Faced with these changes i

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QUIJANO, Gabriela, and Carlos LOPEZ. "Rise of Mandatory Human Rights Due Diligence: A Beacon of Hope or a Double-Edged Sword?" Business and Human Rights Journal 6, no. 2 (2021): 241–54. http://dx.doi.org/10.1017/bhj.2021.7.

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AbstractThis article discusses the evolution, current trends, limitations and controversies around the understanding and practice of human rights due diligence (HRDD), a concept developed in the course of the work of United Nations (UN)-mandate holder, John Ruggie, and enshrined in the UN Guiding Principles on Business and Human Rights. While the concept has gathered broad acceptance and a growing number of legislative proposals are seeking to entrench it in law, significant differences of opinion exist among stakeholders as to its nature, objectives and relationship, if any, with legal liabil

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Tobing, Christina NM. "MENGGAGAS PENGADILAN HUBUNGAN INDUSTRIAL DALAM BINGKAI IUS CONSTITUENDUM SEBAGAI UPAYA PERWUJUDAN KEPASTIAN HUKUM DAN KEADILAN / INITIATING AN INDUSTRIAL RELATIONS COURT IN THE FRAMEWORK OF IUS CONSTITUENDUM AS AN EFFORT TO REALIZE LEGAL CERTAINTY AND JUSTICE." Jurnal Hukum dan Peradilan 7, no. 2 (2018): 297. http://dx.doi.org/10.25216/jhp.7.2.2018.297-326.

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Pengadilan Hubungan Industrial (PHI) dibentuk berdasarkan Undang-Undang No. 2 Tahun 2004 tentang Penyelesaian Perselisihan Hubungan Industrial. Ratio legis-nya adalah mewujudkan kepastian hukum dan keadilan melalui asas peradilan cepat, tepat, adil dan murah. Eksistensi PHI menimbulkan masalah, baik kemampuan pengetahuan pekerja/buruh tentang hukum formil maupun hukum ketenagakerjaan materil, proses lama, dan substansi hukum belum memadai. Tinjauan ini urgen dilakukan untuk identifikasi upaya yang dapat dilakukan agar ratio legis eksistensi PHI terwujud. Metode yang digunakan adalah penelitian

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Blanks, Thomas. "European Works Councils as an institution of European employee information and consultation: overview of typical features of national transposition provisions, outstanding legal questions and demands for amendments to EWC Directive 94/45/EC." Transfer: European Review of Labour and Research 5, no. 3 (1999): 366–83. http://dx.doi.org/10.1177/102425899900500307.

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The European Works Councils Directive owes the astonishing success of its transposition to the devising of a new mode of legislative implementation. The principle of double subsidiarity, with the progressive manner in which the provisions acquire a legally binding character, has led to a situation in which the aims of the Directive had been realised in part even before its formal implementation in the Member States. In this way it facilitates the emergence of a genuinely European practice of information and consultation. The article investigates to what extent the transposition regulation bear

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WETTSTEIN, Florian. "Betting on the Wrong (Trojan) Horse: CSR and the Implementation of the UN Guiding Principles on Business and Human Rights." Business and Human Rights Journal 6, no. 2 (2021): 312–25. http://dx.doi.org/10.1017/bhj.2021.21.

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AbstractTen years after the publication of the United Nations Guiding Principles on Business and Human Rights (UNGPs), implementation efforts are in full swing. Companies in particular have used their existing corporate social responsibility (CSR) structures to make sense of and implement Pillar II of the UNGPs. This process has led to a co-optation of the business and human rights (BHR) agenda. One manifestation of such co-optation is the instrumentalization of CSR to confront and undermine the growing trend towards binding BHR legislation. Accordingly, this contribution conceptualizes Pillar

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Yurkin, Igor N. "THE DEMIDOVS ON THE WAY TO AN INDUSTRIAL DYNASTY: STRATEGIES FOR ENSURING THE CONTINUITY OF THE FAMILY BUSINESS." Ural Historical Journal 72, no. 3 (2021): 81–90. http://dx.doi.org/10.30759/1728-9718-2021-3(72)-81-90.

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On the example of representatives of the first two generations of the Demidov family, the paper shows how one of the most successful entrepreneurial dynasties of the first half of the 18th century ensured the succession of development of the family business. The strategies of its transmission by inheritance are traced in detail. The legacy of Nikita Demidov, the dynasty’s founder, was divided according to the “Law on single inheritance” (1714): the transfer of property was conflict free, but gave rise to hidden grievances that influenced the further relations of the heirs. The division of the

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Belianevych, O. A. "SOME ASPECTS OF THE LEGAL QUALIFICATION OF BALANCING RELATIONS OF THE GAS TRANSPORTATION SYSTEM." Economics and Law, no. 1 (April 15, 2021): 80–88. http://dx.doi.org/10.15407/econlaw.2021.01.080.

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The article covers topical aspects on the management of relations arising in connection with the performance by the operator of the gas transportation system of Ukraine of the balancing function when implementing the activities of transportation of natural gas by the gas transportation system. It is argued that economic activity of transportation of natural gas by the gas transportation system is regulated by Section 32 of the Economic Code of Ukraine (EC). The activity of transportation of natural gas is covered by the definition of cargo transportation (Article 360 of EC) because under the c

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