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1
Vidal, Matt. "Reworking Postfordism: Labor Process Versus Employment Relations." Sociology Compass 5, no. 4 (April 2011): 273–86. http://dx.doi.org/10.1111/j.1751-9020.2011.00366.x.
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Cho, Seonil. "A Comparative Study on the Factors and Process of the Changes in the Labor Policy -Analysis on the Revisions in the Labor Relations Law-." Korean Journal of Policy Studies 14 (December 31, 1999): 61–74. http://dx.doi.org/10.52372/kjps14004.
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The purpose of this study is to analyze the reason and process of labor policy changes in Korea. For this purpose, I analyzed three cases which were made respectively in 1980, 1987, and 1997. An analytical tool for policy change process is basically modified from the view point of policy making process theory, adaptable to the Korean situation. In the authoritative government period, political factors were most influential to changes in the labor policy. But through the process of democratization, socio-economic factors are more influential on the change of labor-management relations acts than that of others. Besides, the changes in the policy making process and the policy contents are mainly affected by the power relations among labor-management-government. Also, the government took the initiative in the process of labor policy making. Accordingly, political factors were most influential on the agenda-setting phase of labor policy changes. But because of the democratization of society and the growth of the private sector, the role of government is increasingly restricted. As a result, the three participants of the labor policy change are now interacting strategically. Therefore, Policy change is mainly determined by the power balance among labor-management-government relations. Korean labor-management relations acts are generally outlined by the macro-factors such as political, economic and social factors. The revision of labor-management relations acts are less affected by the characteristics of the policy making system. The revision of individual labor-management relations acts are more affected by the economic factors, while that of the collective labor-management relations acts are more affected by political factors.
3
Lewin, David. "Book Review: Labor-Management Relations: The Municipal Grievance Process." ILR Review 39, no. 2 (January 1986): 293–95. http://dx.doi.org/10.1177/001979398603900213.
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Zemlyanukhina, S. G., and N. S. Zemlyanukhina. "METHODOLOGICAL PROBLEMS OF RESEARCH OF THE LABOR RELATIONS SYSTEM DEVELOPMENT." Social@labor researches 45, no. 4 (2021): 8–18. http://dx.doi.org/10.34022/2658-3712-2021-45-4-8-18.
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The article substantiates the need to apply systematic and dialectical approaches when considering the development of the labor relations system. The article provides an interpretation of the structure of the labor relations system by the phases of labor reproduction, considering the role of personal consumption in the production (formation) of labor. The authors attempt to extend their concept of the dialectic of the general and particular in the process of economic relations development to the system of labor relations and to present the structural and genetic connections of the reproduction of labor not only as carriers of continuity, heredity but also as the basis of development. The paper presents the objective development of labor relations as a change in the qualitative state of techno-labor, organizational-labor, and social-labor relations in the process of combining and functioning of production factors, which is reflected in the specifics of ownership relations for the means of production and labor. The study shows that the specifics of the labor relations system in the development process are also determined by nationalspecific and socio-cultural factors. The proposed methodology for studying the development of the system of labor relations in the unity of the systematic, and dialectical approaches may be useful for building a logical structure of the course in labor economics, including the study of labor relations at all stages of labor reproduction.
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Denisyuk, M. "APPROACHES TO UNDERSTANDING LABOR AS A SUBJECT OF LABOR RELATIONS." Social Law, no. 2 (April 21, 2019): 151–55. http://dx.doi.org/10.37440/soclaw.2019.02.23.
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The article is devoted to the analysis of the concept of the labor collective in the laws of our stateand the doctrine of law, the role of this subject in the process of enterprise management is defined, theproblems of the definition of the labor collective as a separate subject of labor relations are singled out.Mentioned on the ways to solve the problems. It is noted that the participation of employees in the management of the enterprise creates a legal way of realizing the socio-economic interests of members ofthe labor collective.
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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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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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Pires, Guilherme Nunes. "Uberization of labor and Marx’s Capital." Revista Katálysis 24, no. 1 (April 2021): 228–34. http://dx.doi.org/10.1590/1982-0259.2021.e74812.
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Abstract: In the last decade, we saw the expansion of digital platforms and decentralized and freelance labor relations in the global capitalist economy. This combination has been called Gig Economy and its specific labor relation Uberization. This process is directly link to the intensification of work, working day expansion, low remuneration, absence of labor rights and amplification of indirect control over the labor process. Although this phenomenon appears as something new, considering Marx’s analysis of piece-wage in Capital, it’s possible to see the very features and consequences of Uberization. The remuneration, be it by hour or piece/gigs, no alters the essential nature of labor relations in capitalism. The aim of this paper is, therefore, to identify that Marx’s Capital already anticipated this tendency of capitalist economy and traced the main consequences of Uberization of labor.
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Abuzyarova, Nayra. "Digital Technology in Labor Relations." Legal Concept, no. 3 (October 2019): 26–30. http://dx.doi.org/10.15688/lc.jvolsu.2019.3.4.
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Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.
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Simchenko, Nataliia Aleksandrovna, and Natalia Yurevna Anisimova. "Essential characteristics of the categories and concepts in the training process in the digital economy." Вестник Пермского университета. Серия «Экономика» = Perm University Herald. ECONOMY 16, no. 1 (2021): 67–85. http://dx.doi.org/10.17072/1994-9960-2021-1-67-85.
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Methodological changes in the modern economy could not keep up with the rapid economic global changes. An appropriate scientific approach should also be provided for the transformations taken place in production and labor relations in the epoch of digitalization. The purpose of the present article is to justify, to systematize, and to develop the categories and concepts for the training process under the digitalization of the economic activities and production and labour relations. The article reveals the impact of different scientific theories in economics on the development of the essential characteristics of the training process; its correlation with the concepts of human resources, human capital, intellectual capital has been described. The need to use a systemic-process approach to analyze the training process as a multi-faceted and multi-tied process in digital economy is justified. The article shows that the existing categories and concepts in the training process fail to reflect the content of industrial and labor relations arising in digitalization and successfully maintaining the digital economy institutions. The article concludes that digital economy should perceive the training process as a new level of resourcing which is an intellectual and professional one, and as an intersectoral development and effective performance of human capital with the purpose to provide the quantitative and qualitative equilibrium at the labor market and its entities. The pool of employees is the object of the training process, while tailored units, divisions and services with their particular authorities, rights and duties including the law-binding ones to support the peopleware are the subjects of the training process. Therefore, the digital economy is transforming the industrial system of the production and labour relations both by adjusting them to digitalization and by generating new types of labour. Structural economic transformations trigger the changes in the essence and the content of the training process and the performance of all participants at the labour market. The essential characteristics of the categories and concepts in the training process in the digital economy should be clarified to set a methodological basis for further scientific studies in the new economic reality.
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Fuller, J. Bryan, and Kim Hester. "The effect of labor relations climate on the union participation process." Journal of Labor Research 19, no. 1 (March 1998): 173–87. http://dx.doi.org/10.1007/s12122-998-1009-z.
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Amelicheva, Liliia. "Anti-corruption compliance in labor relations in the lightof digitalization and achieving sustainable development: an economic and legal examination." Economy of Industry 3, no. 95 (September 15, 2021): 102–18. http://dx.doi.org/10.15407/econindustry2020.03.102.
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In the process of achieving Sustainable Development Goals by Ukraine and building Industry 4.0 here, which is accompanied by a global digital transformation (digitalization) of all public spheres of activity, such a multifunctional and multidimensional phenomenon as corruption is now a serious threat to all public relations, among which labor relations are no exception. It causes a decrease in the level of labor productivity of active employers due to manifestations of stigma, mobbing, bullying, primarily in relation to employees who expose corruption, etc. The purpose of the study is to clarify the content of one of the main elements of compliance in labor relations – anti-corruption compliance – using a synergetic approach characterized by a combination of labor law and labor economics, as well as to highlight the problems of regulating these relations and develop proposals for improving the current anti-corruption legislation in the field of labor in the light of digitalization of Ukraine and achieving sustainable development herein. The object of the study is the labor relations to ensure and support anti-corruption compliance at enterprises and the system of anti-corruption legislation, including in the field of labor, in Ukraine and abroad, which regulates these relations. The main methodological approach to the study of the chosen topic is synergetic, characterized by a combination of labor law and labor economics. The results of the study in the most generalized form justify the lack of certainty and little investigation of the legal and economic nature of such categories as "compliance" and "anti-corruption compliance", which have not yet become generally accepted for the conceptual apparatus of labor economics and, to a greater extent, labor legislation. Based on the theory of labor legislation and labor economics, the article describes anti-corruption compliance in labor relations as a condition of labor and a condition of an employment contract. The problematic issues of the implementation and regulation of labor relations in the field of anti-corruption compliance are identified: a low level of positive perception of the implementation of anti-corruption compliance policy in labor relations by the management of active enterprises; the existence of negative stereotypes in relation to employees who expose corruption; the lack of a clear methodology for measuring the level of digitalization of state processes today, which hinders the study of the impact of digitalization on strengthening the anti-corruption fight. In order to solve these problematic issues, it is proposed to supplement section X "Labor discipline" of the Labor Code of Ukraine, which regulates the internal labor regulations at an enterprise, institution or organization, with norms on new labor rights and obligations of the parties to labor relations that are directly related to combating corruption.
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Clark, G. L., and K. Johnston. "The Geography of US Union Elections 1: The Crisis of US Unions and a Critical Review of the Literature." Environment and Planning A: Economy and Space 19, no. 1 (January 1987): 33–57. http://dx.doi.org/10.1068/a190033.
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Conventional literature on union growth and decline has failed to deal adequately with the local context of union elections, and has tended to rationalize the complexity of decentralized labor relations. This paper begins with a statement on the relevance of the topic for location theory, and the theory of regional growth and decline. Recent patterns in US unionization are considered before a review of early literature on unionization in relation to local labor markets structure. The institutional context of unionization is noted, with concentration on the role of the National Labor Relations Board, and state-level right-to-work legislation. The process of union representation elections is described with reference to the related literature. Suggestions are made for an empirical strategy which would deal more adequately with the local representation process.
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Kume, Ikuo. "Changing relations among the government, labor, and business in Japan after the oil crisis." International Organization 42, no. 4 (1988): 659–87. http://dx.doi.org/10.1017/s0020818300034019.
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Many scholars argue that labor is excluded from Japan's political system. However, since the 1970s, labor has become considerably influential in the policymaking process in Japan. The oil crisis of 1973 and the Shuntou wage bargaining of 1975 have made labor, especially private-sector unions, modest in their wage demands, but at the same time these events have made labor participate actively in the policymaking process in order to maintain employment and seek some benefits from the government. This article demonstrates that Japan's increasing export-dependence and tradeoffs between wage increases on the one hand, and inflation and unemployment on the other in the 1970s, have driven labor to this new, more active role in policymaking, while the necessity for the governing Liberal Democratic party to seek a new constituency has enabled labor to achieve some success in this new role. This implies that Japan's political system has changed its nature since the 1970s; its political process has become more pluralistic with labor's participation within the existing political system.
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Fogel, Walter A. "Book Review: Labor-Management Relations: The Collective Bargaining Process: Readings and Analysis." ILR Review 38, no. 3 (April 1985): 452. http://dx.doi.org/10.1177/001979398503800311.
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Klikauer, Thomas. "Book Review: Labor-Management Relations: Industrial Relations to Human Resources and Beyond: The Evolving Process of Employee Relations Management." ILR Review 57, no. 2 (January 2004): 302–3. http://dx.doi.org/10.1177/001979390405700208.
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Чернявська, Є. І., and О. А. Овєчкіна. "ТРУДОВІ ВІДНОСИНИ ЯК ОБ'ЄКТ РИНКОВОГО РЕФОРМУВАННЯ ЕКОНОМІКИ." TIME DESCRIPTION OF ECONOMIC REFORMS, no. 4 (December 15, 2018): 73–80. http://dx.doi.org/10.32620/cher.2018.4.11.
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Formulation of the problem. The article is devoted to the analysis of labor relations in the context of the cost of labor in a market economy. The aim of the research is to justify the doctrine of choosing social tax policy guidelines, based on the current requirements of democratic transformation in Ukraine. The object of the research is labor relations in terms of market reform of the economy. The methods used of the research: methods of systematization and generalization methods; induction and deduction; interdisciplinary analogy. The hypothesis of the study was the assumption that bringing the salary into line with the cost of labor requires significant improvement of labor relations, the adoption of the new Labor Code in the context of market subjection of industrial relations, which is part of the relationship with labor services. The statement of basic materials. It is substantiated that the labor market is a market of imperfect competition, with dominant positions of employers, because of the important role in regulating prices for labor services is played by the mechanism of collective-contractual regulation of labor relations. In Ukraine, during market reforms, wages are underestimated. The originality and practical significance of the research. In the context of effective economic development, ensuring conditions for qualitative reproduction of human capital, achieving compromises in society requires a radical improvement of the nature of labor relations. This improvement involves the adoption of a number of legislative decisions. This is a legislative solution to the problem of subjection of industrial relations as a market form of economic development and addressing issues of effective employment. Subjection of industrial relations is a process of transformation of participants of economic activity into subjects of a modern market economy, which should be equal, have rights, social duties and mechanisms of protection. Conclusions of the research. In the organization of economic activity, the practice of economic activity, as well as in other spheres of society life should actively use the conceptual development of a positive and normative economic theory to create a partnership model of labor relations on a market basis. The biggest disadvantage of the market reform of the Ukrainian economy was the ignoring at the level of legislation of the conclusions and formulated requirements of economic theory, which caused a significant understatement of wages in relation to the cost of labor and caused the emergence of a number of negative phenomena.
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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.
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Skachkova, G. "Labor books: History and Modernity." Voprosy trudovogo prava (Labor law issues), no. 12 (December 1, 2020): 26–40. http://dx.doi.org/10.33920/pol-2-2012-04.
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The article deals with issues related to changes in the fixing of labor relations of citizens working under an employment contract in the conditions of the Fourth industrial revolution, characterized by the connection of the material world with the virtual one. But first, the process of «introducing» documents containing basic information about an employee into labor relations, which led to the appearance of the work book in its modern sense, is described in the historical aspect. Then it is shown what changes have occurred recently in the labor legislation of the Russian Federation regarding labor books with the advent of information technologies that record information about the labor activity of employees.
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Gavkalova, Nataliia, Volodimyr Sybirtsev, and Iryna Sochynska-Sybirtseva. "The conditions of the balance of the national labor market in the process of institutional reform." SHS Web of Conferences 67 (2019): 06018. http://dx.doi.org/10.1051/shsconf/20196706018.
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The aspects of implementation of the processes of functioning and development of the national labor market in the context of manifestation of its internal complexity and multifunctionality are determined. The regularity of the growth of needs in the development of the institutional structure of the national labor market in the conditions of transformation and restructuring of the system of socio-economic relations is proved. The existence of a multiplicative effect of distribution, dissemination of new institutional practices implemented on the national labor market, institutional regulation of a wide range of economic operations, phenomena and processes has been established. The substantive essence of the process of building the institutional space of the national labor market is determined, which consists in institutionalizing (institutionalizing) the processes of socialization of socio-economic relations related to productive employment, in the context of which there is an increase in the significance and role of human resources in the processes of creation of economic goods, expanded social reproduction, etc.
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Sadovaya, Е. S. "FORMATION OF THE LABOR MARKET INEQUALITY IN THE DIGITAL AGE." SOCIAL & LABOR RESEARCHES 3, no. 44 (2021): 32–44. http://dx.doi.org/10.34022/2658-3712-2021-44-3-32-44.
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Recognizing the growth of inequality as one of the main social and economic problems of our time. The author concludes that it is natural and caused by a radical reformatting of the economy influenced by digital technologies. The article examines the organizational and technological changes in the modern economy, influenced by digitalization, in terms of their impact on labor relations and the restructuring of the modern labor market. The paper aims to study the mechanisms of the inequality formation in the labor market and the peculiarities of the social and labor sphere functions in the new economic reality. Employment, as a connecting link between economic and social processes, has been chosen as the main category of scientific analysis, which makes it possible to understand the essence of the ongoing transformations, as well as their social consequences. These transformations can be implemented using software automation of business processes. From the economic point of view, it allows you to significantly increase labor productivity, from the social point of view, it helps to reduce the demand for labor and labor costs. Automation of individual business processes turns out to be a socio-technological prerequisite for the “platformization” of employment and the emergence of crowdworking platforms that institutionalize this process. The increasingly widespread employment platform, which fundamentally changes the relationship between employers and workers, reduces social protection for the latter and leads to the segmentation of the previously egalitarian labor market. Under the influence of digitalization of business processes, labor relations are being transformed from social into computer algorithms, and the “employee” becomes a “user of mobile applications”. The article highlights the stages of business automation and examines its impact on employment and the nature of social and labor relations from the organizational, technological, political, economic and macroeconomic perspectives. In addition, the social consequences of digital transformation of business processes are analyzed in relation to the conditions of specific business activities – the manufacturing sector and the service sector. The author concludes that the digitalization of business processes affects the change in the nature of social and labor relations indirectly – through a decrease in demand for labor and structural changes in employment. Understanding the essence of this process is important for identifying the root causes of the inequality in the modern labor market, and the conclusions of the research may be useful when choosing options of state policy aimed at eliminating its most acute consequences.
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Mamedova, Aibeniz. "Labor legislation in Kazakhstan and reflection of market methods in it of legal regulations of social and labor relations." Ukrainian society 2013, no. 3 (2013): 117–25. http://dx.doi.org/10.15407/socium2013.03.117.
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Over the past two decades labor relations have undergone dramatic changes everywhere in the world. As noted by the World Commission on Social Aspects Globalization has given impetus to the process of profound changes that affect everyone. Standard employment relationships lose their positions. The changes occur-ring in the world have led to new forms of employment. Although these changes have increased flexibility of labor market they have a negative impact on the stability of labor relations in general. Global economic changes in the world inevitably raise the question of Kazakhstan labor law modernization which involves updating the legal framework of regulating relations in the sphere of wage labor and a conceptual change in the ratio of regulatory and contractual regulation. This article examines the problem of the relationship of employment relations with the norms of labor law in the context of market conditions in the Republic of Kazakhstan.
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Loktyukhina, N. V., and E. A. Chernykh. "IDIVIDUALIZATION OF LABOR RELATIONS: TRENDS, PROBLEMS AND SOLUTIONS." Social@labor researches 45, no. 4 (2021): 51–61. http://dx.doi.org/10.34022/2658-3712-2021-45-4-51-61.
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The object of the study is the trend towards the individualization of labor relations, the main feature of which is that the worker/ employee operates mainly outside the labor collective – one-on-one with the employer, customer, client, digital platform. The purpose of the study is to determine the factors that form the conditions for the individualization of labor relations, including for new generations entering the labor market; to analyze the change in the theoretical essence of the labor market in connection with the individualization of employment relations, expressed in the expansion of the idea of the essence of goods in this market, the form of its movement, as well as the composition of sellers and buyers; to assess the extent of individualization of relations in the context of self-employment, platform and remote employment. In the process of research, the authors used the methods of analysis of scientific literature, statistical data of international organizations, the Federal Tax Service, other departments and Internet sources. As a result of the study, the positive and negative aspects of individualization and risks associated risks were identified, proposals were developed to regulate individual forms of employment relations, covering the sphere of labor and social guarantees, labor market regulation, and the development of a social partnership system (where the role of the trade union in protecting the self-employed is separately considered). The authors conclude that the materials obtained in the course of the study can be used by federal and regional executive authorities performing the functions of developing and implementing state policy.
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Spencer, David A. "Braverman and the Contribution of Labour Process Analysis to the Critique of Capitalist Production - Twenty-Five Years on." Work, Employment and Society 14, no. 2 (June 2000): 223–43. http://dx.doi.org/10.1177/09500170022118383.
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This paper seeks to reassess the contributions made by Braverman and subsequent labour process writers to the critique of capitalist production. Braverman's main motivation lay with the subversion of pro-capitalist ideologies. He identified deskilling tendencies with the capitalist imperative of accumulation in order to promote the case for revolutionary change. The labour process debate that Braverman helped to initiate, while successful in broadening understanding of concrete work relations, has difficulties in excavating the necessary interconnections of capitalist alienation and exploitation. In particular, there is a problem in separating out the different levels of analysis that link essence and appearance in the work context. Narrow focus on the labour process creates unnecessary conceptual confusion about the specificity of capitalist production, and also condones an unduly pessimistic political agenda on the prospects for transcending capitalist domination. In eschewing the important interconnections between workplace organisation and capitalist social relations, labour process analysis risks inverting the critical intent of Braverman's Labor and Monopoly Capital by promoting the continuation of the extant social order.
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Cooper, Rae. "Industrial Relations in 2010: ‘Dead, Buried and Cremated’?" Journal of Industrial Relations 53, no. 3 (June 2011): 277–87. http://dx.doi.org/10.1177/0022185611401999.
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The process of embedding the Fair Work system was interrupted briefly in 2010 by high political drama. The Prime Minister, Kevin Rudd, was successfully challenged by his Deputy, the Minister for Employment and Workplace Relations, Julia Gillard. With its first female leader, the Australian Labor Party attempted to run a campaign echoing the anti-Work Choices theme of 2007. This was stymied by the new leader of the opposition Tony Abbott’s insistence that Work Choices was ‘dead, buried and cremated’. Subsequently, a minority Labor government was formed. This article provides an overview of industrial relations in 2010, with an emphasis on politics.
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Belov, E. A. "INFORMAL EMPLOYMENT OF THE POPULATION IN THE SOCIO-PHILOSOPHICAL DIMENSION." Intelligence. Innovations. Investment, no. 6 (2020): 111–19. http://dx.doi.org/10.25198/2077-7175-2020-6-111.
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The relevance of the study is due to the fact that there is currently no clear socio-philosophical interpretation of informal employment. This is evidenced by the direct analysis of the literature on the stated problems, as well as the low research activity of scientists in various forms of organizing scientific activities (conferences, round tables, symposiums, etc.). at the same time, a lack of understanding of the internal content of this phenomenon can lead to serious socio-economic, political, ethical and other problems in society. The purpose of the study is to identify the essence of informal employment and establish the comparability of the concepts of «work», «employment», «work». Dialectical and formal-logical research methods are used with partial use of the functional analysis method and the system approach method. In the course of the work, the author argues for differences in social phenomena described by such concepts as «employment», «informal employment», «informal and shadow economy», and identifies the reasons for the emergence and functioning of informal labor relations. In order to reveal the content of the «informal employment of the population» construct itself, such elements as an economic entity (organizational unit), a business entity (employed person), and an activity (the process of creating a product or service) are highlighted. Based on the analysis of the essential characteristics of labor, employment and work, the necessity of limiting the concept of informal labor in relation to informal employment is justified. In the process of historical analysis of the employment process focuses on the transition from industrial to post-industrial stage of development of social relations, changing the culture of production and consumption, the destruction of domestic social organizations. Some stereotypes of behavior and thinking of modern informally employed workers are revealed. It is argued that modern socio-economic conditions have formed the prerequisites for the development of informal relations in the field of labor. This makes it necessary to develop a set of measures to prevent significant changes in labor standards; to develop mechanisms for transferring informal employment to employment permitted by law and preventing its transfer to the sphere of criminal activity. As a recommendation indicates the importance of the correct approach to the problems of informal employment, as distorted information would lead to knowingly making incorrect decisions during the implementation of state programs of development of the labour market and employment and other strategic programs of optimization of various spheres of life of the population.
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Dassbach, Carl H. A., and Berch Berberoglu. "The Labor Process and the Control of Labor: The Changing Nature of Work Relations in the Late Twentieth Century." Contemporary Sociology 24, no. 1 (January 1995): 107. http://dx.doi.org/10.2307/2075141.
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Batista, Fabiano Eloy Atílio, Glauber Soares Junior, and Isadora Franco Oliveira. "Precariousness, flexibility, and labor relations in the Fashion Industry." Research, Society and Development 10, no. 1 (January 4, 2021): e11510110841. http://dx.doi.org/10.33448/rsd-v10i1.10841.
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In this work, we carry out a reflection around issues regarding work in the Brazilian fashion and clothing industry – one of the oldest activities performed by mankind. The objective of conceiving such work was to be able to understand the main aspects related to precariousness and inhuman work in this field. As far as the methodology applied to the study goes, this research is characterized as qualitative, and of descriptive and bibliographic type. As a result, in general, it can be observed that the precarious and flexible working relationships are utilized by companies as a means of profitability. However, when using this mechanism, worker’s rights, which are the most fragile part of this process, are the most affected, and in many cases, workers find themselves in situations similar to slavery, working in a forced way, with exhaustive workdays, and in degrading conditions.
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Nagasaka, Itaru. "Kinship Networks and Child Fostering in Labor Migration from Ilocos, Philippines to Italy." Asian and Pacific Migration Journal 7, no. 1 (March 1998): 67–92. http://dx.doi.org/10.1177/011719689800700104.
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This paper is an attempt to analyze the process of contemporary overseas labor migration from a village in the Ilocos region in the Philippines to Italy. As such, it will seek to outline the basic characteristics of the process of migration and examine them in relation to the local social structure. It will demonstrate how the Ilocanos responded to new opportunities of migration by manipulating existing social relations. Particular attention will be given to the process of constructing kinship networks among the migrants and the practice of fosterage in the homeland community, both of which are considered as adaptive processes to the new migration opportunity.
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O'Brien, John, and Michael O'Donnell. "Towards a New Public Unitarism: Employment and Industrial Relations in the Australian Public Service." Economic and Labour Relations Review 13, no. 1 (June 2002): 60–87. http://dx.doi.org/10.1177/103530460201300104.
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This article traces the transformation of the Australian federal public service from an administrative towards a more managerial model of the state. The paper will argue that the process has been uneven and, at times, contested. A particular feature of the paper will be a discussion of the role of organised labour in the process. The paper outlines the central features of the administrative state model and the emerging features of the managerial model of the state. The focus of the paper is on the employment and industrial relations characteristics of public service employment. Comparison will be made between the different paths taken by the Labor government from 1983 and the Coalition government since 1996.
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Riccucci, Norma M., and Carolyn Ban. "The Unfair Labor Practice Process as a Dispute-Resolution Technique in the Public Sector: The Case of New York State." Review of Public Personnel Administration 9, no. 2 (March 1989): 51–67. http://dx.doi.org/10.1177/0734371x8900900204.
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Much scholarly attention has been given to the various techniques of dispute-resolution between labor and management in the public sector. However, there has been little research on the unfair labor practice (ULP) process as one such technique. This paper examines the ULP process in New York State. The manner and timeliness in which cases are handled point to the effectiveness of the ULP process as a dispute-resolution technique in New York. The efficacy of the ULP process ultimately promotes stability and integrity in New York's system of labor relations.
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SOLOVIOV, Oleksii V., Nataliia M. SHVETS, Iaroslava V. SVICHKAROVA, Nataliia H. ORLOVA, and Oleksandr O. DUMA. "Form of Implementation of Collective Disputes in the Field of Labor Law." Journal of Advanced Research in Law and Economics 11, no. 4 (June 15, 2020): 1423. http://dx.doi.org/10.14505/jarle.v11.4(50).39.
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Labor relations have always been defined as a source of not only increasing of well-being for all parties, but also as a source of the formation of social problematic situations. This was allowed in cases when workers did not receive the level of income they expected and considered fair. In this case, the search for ways to protect the rights of workers, which is considered in the field of labor law, is relevant. The standard sources for the implementation of forms of protection in labor law are strikes and other forms of termination of the work process. The novelty of the paper is determined by the fact that in modern society the forms of protection of labor rights are mainly judicial forms, which guarantee that the employer cannot influence the settlement process by unofficially affecting employees. The article reveals aspects of the design of labor relations that could eliminate the negative impact on the labor process. Aspects of the formation of the branch of labor law are considered, which can provide the maximum number of decisions in the pretrial order. The practical significance of the paper is determined by the possibility of applying methods of solving collective labor disputes as a factor in the formation of the labor law industry with the formation of the principles of sustainable functioning and public control over business.
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Gulua, Ekaterine, Shalva Baghaturia, and Nato Sikmashvili. "Study of Signs of Discrimination in Labor Relations of Georgia." European Journal of Social Science Education and Research 8, no. 1 (April 15, 2021): 26. http://dx.doi.org/10.26417/219wtt86t.
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The paper is dedicated to the study of equality and discrimination in labor relations of Georgia. The aim of the research is to study the demand of job suppliers on the Georgian labor market including the assessment of compliance with the principles of labor equality. Both qualitative and quantitative methods were used during the research process. One of the forms of labor discrimination - discrimination before employment - was selected as the object of research during the vacancy announcement. 3719 vacancy announcements published from October to December 2020 were studied and they were analyzed on the basis of pre-established criteria. The research was conducted by “HR-Hub” and “Stream” research group. Group Leader: Shalva Baghaturia, participants: Nato Sikmashvili, Maia Shavliashvili, Ekaterine Gulua. The paper discusses theoretical issues related to the topic, international experiences, as well as the research results and relevant recommendations. The results of the research were broadcasted on Imedi TV in Georgia
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Nashirvanova, Yana. "TRENDS IN THE FORMATION OF SOCIAL AND LABOR RELATIONS IN THE CONTEXT OF DIGITAL TRANSFORMATION OF THE ECONOMY." Russian Journal of Management 9, no. 1 (April 14, 2021): 196–200. http://dx.doi.org/10.29039/2409-6024-2021-9-1-196-200.
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In the article, the author describes the features of the development of social and labor relations during the coronavirus pandemic, provides a generalized description of the priority sectors of the country's economic development. The research is aimed at identifying the main problems that arise in the process of developing social and labor relations in the updated conditions. The article contains an analytical review of changes in the migration flow within the country, which allows us to describe the social atmosphere in the labor market.
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Yu, Zhijie. "Opportunities and Challenges of Labor Law Construction under the Background of Supply-side Reform." E3S Web of Conferences 235 (2021): 02044. http://dx.doi.org/10.1051/e3sconf/202123502044.
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In the context of global economic integration, the driving force to promote social development has shifted quietly. In the era of knowledge economy, the emergence of cloud computing and intelligence industries has solved the problems of high costs of IT in the past, strengthened artificial intelligence and big data applications, enhanced the efficiency of the use of resources in the entire process of the industry, and promoted industrial integration and upgrading. In the construction of the labor rule of law, the current background of our country needs to be taken into account and intellectual technologies such as cloud computing can be applied to improve the “Labor Contract Law” and maintain harmonious and stable labor relations. The role of human resources should be given full play in the social development process to solve the current problems such as the lack of flexibility in labor relations, the deviation of the public’s perception of labor law, and the imbalance of legal regulation, so as to accelerate our economic development.
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Orlova, Nataliia. "GENERAL PRINCIPLES OF UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RELATIONS OF WATER TRANSPORT EMPLOYEES." Scientific Notes Series Law 1, no. 9 (2020): 58–63. http://dx.doi.org/10.36550/2522-9230-2020-1-9-58-63.
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The article is devoted to the study of of general principles of unity and differentiation of legal regulation of labor relations of water transport employees. It is noted that the goal of differentiation of legal regulation of work on water transport is the ensuring equality of labor rights of employees and effective regulation of labor relations by defining and enshrining of the features and differences that are inherent in this type of labor relations and this category of employees in legal norms. It is proposed to understand the differentiation of legal regulation of labor relations on water transport as the division of norms determined by law that establishes due to objective features of labor and subjective characteristics of employees real differences in legal regulation of labor relations to ensure the principle of equality of labor rights and improving of the efficiency of labor relations regulation. It is also noted that the differentiation of legal regulation of labor relations on water transport is characterized by protective and compensatory functions: the protective function is intended to ensure the protection of the rights and interests of those employees who are unable to fully perform their job functions and are limited in their capabilities, the compensatory function is provided for compensation of negative consequences of work in dangerous and difficult conditions. The opinion is defended that differentiation on water transport can be carried out by using the following types of legal norms: 1) norms-additions; 2) norms-withdrawal; 3) norms-adaptations; 4) alternative norms. It is concluded that the application of these norms helps to eliminate contradictions in the legal regulation of the process of work on water transport and to establish additional guarantees and benefits for water transport employees. It is fixed that the limits of differentiation of legal regulation on water transport can be determined by the provisions of Article 9 of the Labor Code of Ukraine, by the principles of labor law and are due to the functions of labor law.
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McCabe, Douglas M. "The Federal Sector Mediation and Labor Management Relations Process: The Federal Sector Management Experience." Public Personnel Management 19, no. 1 (March 1990): 103–24. http://dx.doi.org/10.1177/009102609001900110.
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Segal, William, and Peter Philips. "Production Process, Work Organization, and Labor Relations in the Postwar California Food Processing Industry." Review of Radical Political Economics 20, no. 2-3 (June 1988): 208–13. http://dx.doi.org/10.1177/048661348802000232.
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Kutomanov, D. "Legal positions of the supreme court in cases on division of labor and civil relations." Law and innovative society, no. 1 (14) (July 3, 2020): 29–34. http://dx.doi.org/10.37772/2309-9275-2020-1(14)-4.
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Problem setting. Of the large volume of cases before national courts, cases involving the distinction between labor and civil relations are of particular interest. Superficial familiarization with the practice of consideration of this type of labor disputes reveals the existence of conflicting enforcement approaches, sometimes contradictory to each other, which determines the need for a deeper understanding of the issues of disputes caused by such phenomena as concealment or replacement of labor relations. The purpose of the research is to reveal the problematic issues of the distinction between labor and civil relations, both from the point of view of the existing doctrine of labor law, and through the prism of the existing rulemaking practice, aimed at improving national legislation on labor. Analysis of resent researches and publications. The issues of the distinction between labor and civil relations have become the subject of scientific analysis in the writings of such scientists as O.V. Zabrodina, L.O. Zolotukhina, M.I. Inshin, R.A. Maidanik, S.M. Prilipko, Ya.V. Svichkaryova, D.I. Sirokha, N.V. Fedorchenko, O.M. Yaroshenko and others. At the same time, these issues require further research in order to develop comprehensive recommendations aimed at improving labor law. Article’s main body. Among the specific number of court cases that are subject to the applicable rules of labor law are the two most common categories of cases through which the Supreme Court formulates legal positions on the distinction between labor and civil relations. The subject of the first category of cases are the demands of individuals on the recognition of relationships, formulated in the form of a civil contract labor. The subject of the second category of cases is disputes between employers and the State Service of Ukraine on labor issues on the recognition of illegal and the cancellation of prescriptions and resolutions of the state body. The analysis of the legal positions of the Supreme Court, formulated as a result of consideration of the above categories of cases, leads to the conclusion that the basic concept of the distinction between labor and civil relations, which is applied in the practice of the Supreme Court, is fully consistent with the doctrinal approach and is to determine the employment relationship, what relation, subject advocates the process of organization of work, not its result, with a further combination of the specified trait with other traits in each specific situation (duration of relationships, systematic the promptness of payment, the presence of signs of subordination, and others).. Conclusion. In the case of disputes related to the concealment of labor relations or their replacement through the conclusion of civil contracts with employees, the case-law proceeds from the need for a systematic assessment of the content of contracts concluded between the parties for the purpose of revealing in their terms direct or indirect signs of employment relations. The approaches taken by the Supreme Court to distinguish between labor and civil relations certainly enrich the law-enforcement practice and, given the binding status of its rulings, help to formulate uniform approaches to the interpretation and application of the provisions of current law.
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Permana, Setia, T. Subarsyah, and Evita Firdatunnisa. "Implementation of Article 87 Law Number 2 of 2004 Concerning Resolution of Industrial Relations in the Court of Industrial Relations in Article of the Republic of Indonesia." International Journal of Science and Society 2, no. 3 (July 22, 2020): 198–211. http://dx.doi.org/10.54783/ijsoc.v2i3.155.
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The formulation of article 87 of Law Number 2 of 2004 in its implementation still requires firmness to provide certainty that what is meant by trade unions / labor unions that can become legal counsel to proceed at the Industrial Relations Court to represent their members are trade unions / labor unions located in in the company or including labor unions / labor unions outside the company. The purpose of this study is to describe / describe the rights and authority of trade unions / labor unions as legal counsel in the process of resolving industrial relations disputes along with descriptions (describing) the legal consequences related to the rights and authority of trade unions / labor unions .The type of research used is normative law which is intended to examine the provisions of positive law. The method of approach used in this study is the approach: normative law, which examines the legal norms that apply, both in the form of laws, implementing regulations and other regulations that have links with the issues discussed in the study. Settlement of industrial relations disputes can be done through resolutions outside the Industrial Relations Court (Non-Litigation) and in the Industrial Relations Court (Ligitation). Implementation of Article 87 of Law No. 2 of 2004 concerning Settlement of Industrial Relations Disputes, in the Decision of the Supreme Court of the Republic of Indonesia Number 933K / PDT.SUS / 2009 dated May 5, 2010 and Number 488K / PDT.SUS / 2012 dated October 22, 2012, referred to as trade unions / labor unions has a legal standing representing its members proceeding in the Industrial Relations Court is a trade union / labor union both inside and outside the company.
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Baraldi, Solange, and Marcia Regina Car. "Labor flexibilization and deregulation for nursing workers in Brazil: the profae case." Revista Latino-Americana de Enfermagem 16, no. 2 (April 2008): 205–11. http://dx.doi.org/10.1590/s0104-11692008000200006.
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This study analyzed the flexibilization process of labor relations in the PROFAE Professionalization Project of Nursing Workers (Projeto de Profissionalização dos Trabalhadores da Área de Enfermagem - PROFAE) in Brazil. This qualitative study used dialectical and historical materialism as the theoretical-methodological framework. Data were collected through directed interviews with open-ended questions, and answers were submitted to discourse analysis. The obtained results evidence the flexibilization and deregulation process of labor relations in the health area in Brazil, characterized by the following elements: payment by production; fragmented labor division; criteria for variable wage payment; qualified and versatile professionals; perceived professional freedom; reduced governability and power to make decisions; multiple jobs; activity planning as a substitute for planning models, and the massive systematic operationalization of actions.
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Kolosova, Riorita, Tatiana Razumova, and Marina Artamonova. "The Individual and Work in a Digital Economy." Moscow University Economics Bulletin 2019, no. 3 (June 30, 2019): 174–90. http://dx.doi.org/10.38050/013001052019310.
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The article presents an overview of the materials of the annual scientific conference «Lomonosov readings-2019», reflecting the reports made at the section «Individual and work in the digital economy», dedicated to the significant date - the 100th anniversary of the International labour organization (ILO). The speakers actively discussed the development of social and labor sphere of modern Russia, its future in the conditions of digitalization and humanization, the problems of formation and development of human potential and transformation of labor relations in the digital economy, as well as prospects and risks in the regional, sectoral and corporate labour markets in connection with digitalization. The discussions identified and justified the need to consolidate efforts to establish an Association of labor economists, to continue the tradition of holding annual international inter-University scientific conferences for the exchange of scientific ideas and consistently project the position of the ILO in science, practice and in the teaching process.
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Vitvitskyi, Volodymyr, and Volodymyr Mamchur. "Assessing motivative factors in the agricultural entrepreneurship development." Ekonomika APK 318, no. 4 (April 28, 2021): 76–87. http://dx.doi.org/10.32317/2221-1055.202104076.
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The purpose of the article is to assess the current state of motivational factors, in particular labor relations in the agrarian entrepreneurship development based on the system of factors of its formation. Research methods. In the process of the research, the dialectical method of cognition was used to analyze scientific works on the problem of the development of social and labor relations, the method of empirical research to assess and describe the current state and development of the research object. Research results. The main trends in the formation of motivational factors in the development of agricultural entrepreneurship, the influence of transformation processes on the development of social and labor relations, the level of economic activity, wages, and unemployment have been established. Institutional factors, labor legislation, the nature of labor relations, qualifications of workers, labor motivation are considered. It has been substantiated that the organizational factor in the formation of labor relations is collective agreements and contracts, their improvement in areas, their coordination and harmonization of the interests of employees and employers, the state as a society representative. Scientific novelty. Based on a comprehensive study of the motivational factors that stimulate the development of agricultural entrepreneurship, the directions of their solution are determined, practical measures are proposed to realize the scientific and market potential at the level of the industry and enterprises. Practical significance. The proposed measures make it possible to realize the potential for the formation and development of social and labor relations in the agricultural sector, in particular, agricultural entrepreneurship. Tabl.: 3. Figs.: 4. Refs.: 18.
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Druzhynina, Viktoriia Valeriivna, Ganna Serhiivna Likhonosova, and Lyudmila Petrivna Davidyuk. "APPROACHES TO BALANCE LABOR MARKET BY ELIMINATING EXCLUSION FACTORS." SCIENTIFIC BULLETIN OF POLISSIA 1, no. 2(14) (March 1, 2018): 242–50. http://dx.doi.org/10.25140/2410-9576-2018-1-2(14)-242-250.
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Urgency of the research. In society, there is a continuous process of rejection of certain types of relationships, which require the formation of new tools for balancing elements of market relations. Target setting. A decisive factor in the development process is the progress on the principles of social partnership and the leveling off the processes of rejection of market mechanisms. There is a need to identify approaches to reconciling the interests of market participants with provision from forecast balancing. Actual scientific researches and issues analysis. Publications by such authors as I. Gorlenko, L. Rudenko, V. Zolotarev demonstrate the necessity of eliminating the imbalance in the labor market; However, Kuzminov Y. I. emphasizes the priority task of identifying the degree of influence of the factors of exclusion on the carrier of labor relations. Uninvestigated parts of general matters defining. At present, not all modern methods can be used to ensure a balance of the labor market, taking into account the effect of exclusion factors. The research objective. Development of approaches to balancing the labor market in the face of manifestations of exclusion factors, which allows monitoring the manifestation of the factors of exclusion and, through their elimination, equalize the disparities between demand and supply labor force. The statement of basic materials. The article empirically identifies the important factors in relation to current demand, current supply and satisfied current demand. The crisis in the labor market is explained by the devaluation of labor values, that labor does not fulfill its functions, which is expressed in the aggravation of manifestations of the phenomenon of exclusion. A system of criteria has been proposed, the use of which allows consistently identify the dominant external influences on the functioning of the aggregate labor market. Conclusions. In the course of research it has been proved that elimination of the negative influence of rejection factors can balance the labor market, bring it to the newest stage of development, and ensure the sustainable socio-economic development of local communities.
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Obukhova, Galina. "Analysis of Procedural Rules in Individual Institutions Labour Law." Herald of Omsk University. Series: Law 17, no. 3 (October 19, 2020): 68–77. http://dx.doi.org/10.24147/1990-5173.2020.17(3).68-77.
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Introduction. The article deals with procedural and procedural rules of certain institutions of labor law,
which contain rules that define the special rights and obligations of subjects, fixing their social and labor rights
and interests. The author substantiates the need for detailed regulation of the procedure for implementing such
norms, since the sequence of their application and compliance directly affect the normal development of labor
relations. Purpose. The purpose of this work is a comprehensive analysis of procedural and procedural rules of
labor law based on the study, analysis and generalization of the scientific base, current legislation and practice
of its application. Methodology. In the process of achieving the goal and solving the set tasks, the general
scientific dialectical method of cognition, as well as logical, system, historical, comparative legal and formal
legal methods were used. Results. In the course of the research, we come to the conclusion that some
procedural rules of certain institutions of labor law have numerous gaps and often in relation to the process or
production, we are always talking only about legal activity. The implementation of almost all substantive rules
requires procedures or, in other words, procedural rules. Conclusion. Procedural and legal norms are a
relatively independent element of the mechanism of legal regulation of labor relations. The official application of
any substantive law should be carried out in a specific procedure, which distinguishes the subject of the
enforcement order of its work and relationship with the requiring party, the right of appeal against
enforcement, etc. All require further elaboration and regulation.
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Simutina, Yana. "Labour law defects and means of overcoming them." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 314–22. http://dx.doi.org/10.33663/0869-2491-2021-32-314-322.
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Introduction. Defects in labour law are certainly a negative phenomenon. They can be used by unscrupulous employees or employers, violating the rights and legitimate interests of the other party to the employment relationship. In addition, defects in legal norms create obstacles to proper law enforcement, which, in turn, threatens to misinterpret them and is also the cause of conflicting law enforcement practices. The aim of the article is to clarify the general characteristics of defects in labor law, their negative impact on law enforcement practice, as well as to outline some ways to prevent and overcome defects in labor law. Results. The article is devoted to the study of defects in labour law, their varieties and characteristics. The author's attention focuses on the issue of the negative impact of defects in labor law, in particular, law enforcement practice. The most common defects in labour law are analyzed. The necessity of legislative consolidation of the principle of good faith of the parties to labour relations in labour legislation is justified. The Supreme Court plays a significant role in identifying and overcoming defects in labour law at the stage of law enforcement in labor disputes. The existing court practice is a kind of litmus test of which norms of the current labour legislation are defective, ineffective, ambiguous, etc. In this regard, it seems appropriate when finalizing the draft of the new Labour Code of Ukraine to pay more attention to case law and analyze the legal position of the Supreme Court in disputes arising from labor relations, in order to identify the most common defects of labour law and prevent them at the rule stage. Conclusions. The defects in labour legislation can be prevented both at the stage of adoption of a normative legal act by formulating the idea of the draft law, its concept, and carrying out its proper examination. At the stage of legal implementation, defects can be eliminated by introducing amendments and additions to the normative act and/or by eliminating defective labour law norms. It is possible to overcome defects in the process of law enforcement with the help of methods of interpretation, application of analogy of law and analogy of lex.
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Samstad, James G. "Corporatism and Democratic Transition: State and Labor during the Salinas and Zedillo Administrations." Latin American Politics and Society 44, no. 04 (2002): 1–28. http://dx.doi.org/10.1111/j.1548-2456.2002.tb00221.x.
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Abstract A long process of free-market reforms and gradual democratization seems to be dismantling Mexico's corporatist system of labor representation. A thorough analysis of the country's corporatist institutions yields theoretical reasons to believe that Mexico's practice of labor relations is indeed changing. An empirical examination of the nation's labor congress and ruling party during the two previous presidential administrations (1988–2000) demonstrates that corporatism is being transformed at a practical level, although the process of reform has been complex and uneven at best. The continuing strength of an officialist labor sector will complicate the task of establishing a new system of labor representation, a problem that may have important implications for future democratic consolidation.
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Hamilton, Nora, and Sunhyuk Kim. "Democratization, Economic Liberalization, and Labor Politics: Mexico and Korea." Comparative Sociology 3, no. 1 (2004): 67–91. http://dx.doi.org/10.1163/1569133041513765.
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AbstractThis study examines the impact of economic liberalization and democratization on labor politics in Mexico and Korea and the strategies labor has evolved in response to these changes. It begins with an overview of the pre-transition period in the two countries with particular emphasis on the distinct patterns of state-labor relations that emerged in each and their impact on the respective labor movements. The following section focuses on the effects of economic liberalization and democratization on labor and the response of labor in each country. The comparative section identifies and analyzes the similarities and differences in the ways in which economic and political reform has affected the labor movements and compares the strategies of labor. We suggest two sets of factors to explain these effects and differences: the characteristics of the respective labor movements and state-labor relations that had emerged as a result of pre-transition historical developments in the two countries; and the dynamics of the transition process itself, particularly the relative significance, sequence, and timing of political and economic liberalization.
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Araz, Yahya, and İrfan Kokdaş. "In Between Market and Charity: Child Domestic Work and Changing Labor Relations in Nineteenth-Century Ottoman Istanbul." International Labor and Working-Class History 97 (2020): 81–108. http://dx.doi.org/10.1017/s0147547919000279.
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AbstractThis article focuses on children taken by Istanbulite families for upbringing and employment in the Ottoman capital during the 1800–1900 period. It suggests that domestic child labor which was shaped by the concept of ‘charity’ and economic interests during the first half of the nineteenth century progressively turned into wage labor during the second half of the century. The study claims that the nineteenth century witnessed a transformation of labor relations in the domestic service market, implying the transition from reciprocal to commodified labor. The labor of children employed in domestic services underwent a monetization process throughout the nineteenth century. Parallel to this monetization, the status of children under foster care or in domestic service came to be determined by standardized legal contracts.
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Zykina, Tatyana A. "THE INFLUENCE OF DIGITAL REALITY ON THE REGULATION OF LABOR RELATIONS." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 41 (2021): 159–70. http://dx.doi.org/10.17223/22253513/41/14.
Full textAbstract:
The article deals with the introduction of digital technologies in the sphere of labor regu-lation, under which labor law, in order to remain an effective regulator, is trying to be modi-fied, introducing new types of objects (the Internet, digital platforms) and subjects (artificial intelligence, virtual personality) into the structure of legal relations. At the same time, the content of legal relations also changes. The author supports the po-sition of those researchers who propose to include digital legal relations into a separate group. Among the digital legal relations, it is proposed to isolate digital labor relations. Moreover, it is argued that in the sphere of labor there may be two types of digital legal relations, de-pending on the volume of use of digitalization tools. In the first case, digitalization only com-plements the classical labor relations, for example, through the use of electronic labor books or an electronic digital signature; in the second case, digitalization penetrates deeper, and the interaction of the parties is carried out at a distance, without physical contact, which is re-placed by digital technologies. The author proposes to divide digital labor relations into two groups, depending on the period of employment of the parties to the employment contract in the virtual environment. The first group includes digital labor relations related to the use of exclusively remote labor. The second group of digital labor relations involves the alternation of work in the office with a remote work. Remote digital labor relations, regardless of the group, have many differences from usual labor relations. The peculiarities of such work affect the procedure for concluding employ-ment contracts, which implies, in particular, the exchange of electronic documents between the employee and the employer when hiring. The existence of digital labor relations is caused by the specifics that are manifested in their implementation in a special virtual environment, on digital platforms, without real (or limited) communication of the parties to the legal labor relationship. Such specificity requires of employees and employers to have information knowledge and skills in addition to their professional ones, as well as to ensure their safe Internet cooperation and the exercise of digital rights. It is noted that work in the virtual space has led to a blurring of the criteria between em-ployment and self-employment. The difference exists in the field of social protection: it is provided if work is carried out on the basis of an employment contract, if not, there is no pro-tection at all. But the very process of work, freedom in choosing periods of work and rest, focus on the result, the ability to use any territory as a platform for the performance of their duties - makes work for hire and work for oneself very similar phenomena. In a democratic state, it is necessary to expand the scope of labor regulation to include the regulation of the work of the self-employed.