Academic literature on the topic 'Political aspects of Labor laws and legislation'
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Journal articles on the topic "Political aspects of Labor laws and legislation"
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Fore, Cleopas, and Wilfred Ukpere. "The Impact of Globalisation on Employment Statute Related to Employers in Zimbabwe." Journal of Economic Development, Environment and People 10, no. 4 (December 30, 2021): 42–65. http://dx.doi.org/10.26458/jedep.v10i4.722.
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Globalisation led to the reduction of barriers between countries and intensified international interdependency such that developments unfolding in a faraway country now affect the rest of the world in economic, political and social aspects (Giddens, 1990). The Zimbabwean labour market and its national labour legislation has not been spared from the impact of globalisation. Zimbabwean labour legislation had had several amendments from its inception in 1985 to date. The amendments done at each epoch had caused serious outcry from both labour and business with the main accusations arising from unions who claimed that the effects of globalisation and government’s desire to lure foreign direct investment (FDI) led to serious bias towards employers. It is against this background that this article’s objective is to interrogate the impact of globalisation on labour legislation for employers. The article adopted a qualitative paradigm and made use of interviews and participants' memoirs to understand this phenomenon. Results were analysed thematically by use of both Nvivo 10 and manual coding. Results showed that globalisation has impact on labour legislation for employers. Foreign direct investment and special economic zones were identified as drivers of globalisation responsible for positive impact on labour legislation for employers by influencing deregulation of unfriendly employment laws, instituting flexible contract of employment, easy termination of contracts of employment and giving immunity from dictates of the labour laws for employers operating in special economic zones. The positives of globalisation for employers resulted in direct negatives for employees. The article recommends that employers need to put into context both globalisation dynamics and dictates of the labour legislation to ensure employee dignity and fair globalisation
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Гречан, Алла, and Артем Коба. "ОСОБЛИВОСТІ ФОРМУВАННЯ МЕХАНІЗМУ ПІДВИЩЕННЯ МОТИВАЦІЇ ОПЛАТИ ПРАЦІ ПРАЦІВНИКІВ ПІДПРИЄМСТВ." Automobile Roads and Road Construction, no. 112 (November 30, 2022): 309–15. http://dx.doi.org/10.33744/0365-8171-2022-112-309-315.
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The article analyzes the peculiarities of remuneration of employed persons in the business sector. Compliance of "pay indicators" with the legislative basis of Ukraine - in particular, the Code of Labor Laws of Ukraine No. 322-08 dated 07.23.1996 (ed. dated 08.19.2022) and the Law of Ukraine "On Remuneration" No. 108/95 was determined - VR from 03/24/1995 (edited from 08/19/2022). The social, humanitarian, political and legal orientations of "labor remuneration" in the domestic doctrine of labor are outlined. The genesis of the right to work in Ukraine is analyzed in accordance with the provisions of Art. 43 of the Basic Law of the Constitution of Ukraine. The philosophical and terminological context of the "employer-employee" relationship is considered. The positive and negative aspects of the payment of an employment contract (TD) and a civil law agreement (CPU) are determined in accordance with the labor legislation of Ukraine and the provisions of the Civil Code of Ukraine No. 435-IV dated 16.01.2003 (edited from 01.08.2022). An analysis of the mechanisms for increasing the wages of workers in the developed countries of the world – the EU, the USA, Great Britain, etc. – was carried out. In particular, the precedents of the formation of "salary policy" by the ETUC (European Trade Union Confederation) among the 27 EU member states, the mechanisms for increasing wages and establishing the minimum (marginal) permissible limits of labor remuneration in accordance with the policy of the US Department of Labor (U.S. Department) are outlined. of Labor), features of the formation of the wage and salary policy of Great Britain, which is directed and coordinated by the National Economic Council (National Economic Council). Features of employee stimulation by increasing wages are described. The phenomenon of "work-life balance" (the balance of work and personal life) and the payment policy of enterprises as the root cause of its generation have been studied. The mechanisms of trade union protection of an employed person against systematic violations of labor legislation are outlined –– in Ukraine, the EU, the USA and Great Britain, respectively. The relationship between remuneration and the level of personal motivation of the employee has been proven. The definition of the "job satisfaction scale" (job satisfaction scale) as a psychological constant characteristic of the research-management doctrine of the USA is singled out.
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Ghose, S., and S. S. Datta. "What is India's Position in Implementing the WHO Framework Convention on Tobacco Control? A Policy Analysis of the Tobacco Control Law and National Tobacco Control Program." Journal of Global Oncology 4, Supplement 2 (October 1, 2018): 235s. http://dx.doi.org/10.1200/jgo.18.94500.
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Background and context: The Framework Convention on Tobacco Control (FCTC) is the world's first public health treaty enacted under the World Health Organization (WHO). It is the biggest global initiative in tobacco control. India is a signatory to this treaty since 2004. India is home to 275 million tobacco users and is the second largest producer and user of tobacco products after China. The country is also known for widespread production and consumption of many smokeless forms of tobacco. India's progress in complying with the Framework Convention treaty had been inconsistent. While few states (provinces) are making significant progress, larger parts of the country struggles with gaps in the law, weak regulatory surveillance and overall noncompliance. The protobacco lobbies in India argue against the legislation by forecasting that banning tobacco production would lead to huge loss of employment and significant negative impact on the economy. These issues act as big deterrents to the country's tobacco control initiatives. Aim: There are very few published policy analyses on compliance with the FCTC treaty and identifying gaps in Indian tobacco control laws. This paper looks at India's tobacco use behavior, the national tobacco control laws, and its gaps and barriers. Strategy/Tactics: Using a policy triangle framework developed by Walt and Gilson (1994), it analyzes the national tobacco control policies and laws against the current scenario to identify areas of improvement and policy reform. Program/Policy process: The Indian tobacco control regulations and the National Tobacco Control Plan is evaluated in light of the WHO FCTC treaty to identify gaps and barriers to its implementation using published evidence. Outcomes: The analysis revels significant gaps and legal complexities that are currently being exploited by the tobacco industry as they continue to promote tobacco products and increase production capacity. There are also important ethical issues related to the use of child labor in tobacco trade in India. What was learned: This paper recommends to amend the Indian tobacco control law to address the gaps and implement a more stringent legislation commensurate to the tobacco use patterns and existing barriers. This also recognizes the political-economic aspects and reflects on the contextual variables and stakeholders that play a significant role in deciding the fate of tobacco production, use and control in India.
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Stepanov, Pavel, and Maria Filatova. "Problems of Protecting Virtual Game Property by Means of Criminal Law." Russian Journal of Criminology 15, no. 6 (December 28, 2021): 744–55. http://dx.doi.org/10.17150/2500-4255.2021.15(6).744-755.
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The legal regulation of social relations in virtual reality is attracting an increasing attention of scholars. There are corresponding Russian and foreign publications concerning different branches of law: civil, tax, labor, international humanitarian, and criminology. Criminological research is based, among other things, on the analysis of sociocultural factors: how online gaming behavior influences the «cultural normalization» of similar behavior in the real world, the problems and boundaries of permitted violence. At the same time, the problem of infringements on virtual game property is becoming more urgent. The first reason for this is the fact that the possession of virtual property can have legal and economic consequences in the real world. The second reason is connected with the absence, in most jurisdictions, of the legal regulation of the emerging property rights (or other «rights in rem») to game property, which hinders prosecution for crimes against it, or makes it impossible in some countries where criminal law protection is linked to positive legislation. The authors believe that it is best to view these crimes as offences against property, and not cybercrimes in the narrow sense of the word. It is obvious that the problems of defining the crime of theft in the virtual space are connected with the understanding of the object and other features of theft, and the analysis thus mainly focuses on comparing the legal nature of virtual game property with how it corresponds to the features of theft in the current legislation. Key concepts of the legal nature of virtual game property are formulated, which are then analyzed from the standpoint of their applicability in criminal law. According to the authors, there are two main ways to solve the problem of virtual game property protection: either, following the approaches found in foreign practice, the definition of theft should be broadened, or the legal protection regime sui generis should be created to deal with the protection of all cyber aspects of property relations.
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ALIMKHANOVA, Samal K. "Legal Aspects of Harmonization of Labor Legislation of Kazakhstan and the Eurasian Economic Union Countries (EAEU)." Journal of Advanced Research in Law and Economics 11, no. 4 (June 15, 2020): 1080. http://dx.doi.org/10.14505//jarle.v11.4(50).01.
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The issues of legal aspects of harmonization of labor legislation of Kazakhstan and the countries of the Eurasian Economic Union (EAEU) are investigated. The urgency of the issue under consideration is determined by the further necessity to bring into a harmonious combination the legal aspects of the legislation of Kazakhstan and the states that are members of the EAEU. Harmonization in the legal field involves the development of a unification of the laws of the above states in the field of labor relations. To maintain a coherent policy in the field of social and labor relations in Kazakhstan and the countries included in the EAEU, the foundations of labor legislations have been developed. But, at the moment, they are advisory in nature, while the harmonization of labor legislations in the legal field requires the approval of the adopted legislative acts of these states in this area. In this regard, a search is being made for recommendations on the harmonization of the legal aspects of the issue under study regarding Kazakhstan and the countries of the Eurasian Economic Union (EAEU). The leading approach to the study of this issue is to evaluate the current legal standards of these countries in the field of labor law and identify ways for their further integration in this direction. The prospects for research in this direction are determined by the possibility of assessing the realism of harmonizing the labor legislations of Kazakhstan and the countries, members (EAEU), which will favorably affect the further integration of Kazakhstan into the legal framework of the Eurasian Economic Union. The applied value of this study is to identify the prospects for the development of labor laws of Kazakhstan and the countries that are members of the Eurasian Economic Union (EAEU) in order to determine specific measures for the integration of labor legislation of Kazakhstan in the legal field of the EAEU in the future.
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DiGrazia, Joseph, and Marc Dixon. "The Conservative Upsurge and Labor Policy in the States." Work and Occupations 47, no. 4 (September 24, 2019): 439–65. http://dx.doi.org/10.1177/0730888419876970.
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During the early- to mid-2010s, there was a dramatic upsurge in conservative legislation restricting labor unions in U.S. states. The sweeping Republican victories at the state level in the 2010 midterm elections certainly enabled this legislative surge, though not all states controlled by conservative governments passed such legislation and there was considerable variation in the number of laws passed among states that did. Understanding the conditions under which restrictive labor laws are passed is important for labor scholarship as well as broader academic debates on corporate power and political influence. Using a longitudinal negative binomial regression analysis, this article evaluates the role of organized business and conservative mobilization on state labor policies between 2011 and 2016. Our findings are consistent with and extend literature emphasizing the growing influence of corporate interests on politics today. At the same time, the authors find little support for explanations emphasizing the economic aftershocks of the Great Recession and public opinion and find no evidence that grassroots pressure impacted state laws.
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Dewi W, Imma Indra. "ANTI-DISCRIMINATION IN EMPLOYMENT REGULATION FOR PERSONS WITH DISABILITIES IN INDONESIA." Yustisia Jurnal Hukum 8, no. 1 (April 28, 2019): 133. http://dx.doi.org/10.20961/yustisia.v0ixx.28016.
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<p>Anti-discrimination is known as equal opportunity and treatment which is the right of every citizen in each aspects of life. The principles of anti-discrimination must be included in every product of legislation, including the employment regulation for persons with disabilities in Indonesia. Anti-discrimination in employment regulation for persons with disabilities have been included in the Indonesian constitution. In addition, it has also been adopted in various articles on legislation,regulating about employment for persons with disabilities, namely Law Number 3 of 2013, Law Number 19 of 2011 and LawNumber 8 of 2016. In substance, the law that guarantees the rights of persons with disabilities in a number of laws and regulations in Indonesia is sufficient. However, the regulation in Law Number 13 of 2003 on The Labor Law is not yet clear. Adjustments need to be made on Law Number 13 of 2003, Law Number 19 of 2011, and Law Number 8 of 2016. The need for the many provisions of labor laws that have not been implemented, thus it requires affirmative action to realize equal opportunities in all aspects of life and livelihood for persons with disabilities.</p>
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Potapova, N. D., and A. V. Potapov. "On the issue of digitalization of labor relations: Theoretical and practical aspects." Digital Law Journal 2, no. 2 (July 18, 2021): 45–64. http://dx.doi.org/10.38044/2686-9136-2021-2-2-45-64.
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The article analyzes the problem of using digital technologies and the online space within the framework of labor law, based not only existing regulatory legal acts but also legislative drafts in the field of the digitalization of labor relations. Therewithal, the purpose of the study is to generalize current and future Russian legislation, to manifest the contradictions and gaps in the legislation, to evaluate laws and regulations from a practical point of view, and to elaborate proposals for their improvement. For this purpose, the authors take into account the existing experience gained in the course of experiments on the introduction of electronic document management by individual employers. The achievement of the research goals is ensured by the use of the formal legal method. First of all, the article draws attention to the tendency of expanding the differentiation of the labor regulation, caused by many factors, including the informatization of all social relations. It is concluded that the transition to an innovative, socially-oriented economy is impossible without a flexible labor market with new areas of employment, including employment through the use of information technology resources. Analyzing the practical aspects of electronic workflow, the article covers the theoretical aspect of the existence of the so-called “information legal relationship” in the subject of labor law. The analysis of the legislative drafts and the current legislation focuses on controversial wording and emphasizes that their incorrectness creates high risks of labor disputes. The authors insist that when introducing an electronic workflow, the parties should be provided with an alternative to the actions. The authors defend the view that it is necessary to clarify the scope of information transmitted by the employer to the Pension Fund of the Russian Federation when maintaining electronic employment record books with regard to the inclusion of information about employee awards in them. They also propose determining the procedures of the formation of human resources services in the Labor Code of the Russian Federation. As a final point, it is concluded that all the proposed initiatives are aimed at ensuring the tasks of the state for the introduction of digital technologies in all areas of social life, including in labor relations, and, ultimately, at achieving the optimal balance between the interests of the parties of the labor relations and the interests of the state, which is the main goal of labor legislation.
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Dashutin, Ihor V., Olena A. Hubska, Olena M. Hanechko, Volodymyr O. Havrylyuk, and Oleksandra V. Vaytsyshena. "The Right to Conclude Collective Agreements and Collective Bargaining: International Standards and the Legislation of Ukraine." Comparative Law Review 28 (December 13, 2022): 139–68. http://dx.doi.org/10.12775/clr.2022.005.
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The possibility of concluding collective agreements and negotiations is enshrined in international documents and is perhaps the most important principle of labour law. In modern times, this principle and law are still the focus of the International Labour Organization, which considers this right, firstly, as the main labour right and an important socio-economic and political aspect. An important labour right of a person is the fixed opportunity to conclude collective agreements and negotiate. The study of the essence and content of this law is of paramount importance for modern legal science and labour law in particular. In the course of the research, such methods as dialectical, formal-logical, comparative-legal, hermeneutics, analysis, and synthesis were used. Before the study, the aim was to analysee the nature, content, and essential characteristics of the right to conclude collective agreements and negotiations, to analyse existing international standards in this area, as well as the legal regulation of collective agreements and negotiations in the labour legislation of Ukraine.
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Ivanov, Artyom B. "By trial and error: project creation problems of the Code of Basic Labor Laws of the USSR in 1925." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 15, no. 3 (October 23, 2021): 378. http://dx.doi.org/10.18255/1996-5648-2021-3-378-387.
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The article is devoted to the problems of codification of the labor legislation of the USSR in the 1920s. The empirical basics for it was the provisions of Soviet normative legal acts, materials of the practice of legal systematization, including information from unpublished (archival) sources, information from reference and scientific literature of the specified period. The work shows the main trends in the legal regulation of labor and relation closely related to them, characterizes the system of sources of labor law, touches upon the causes for its codification at the all-union level. The process of developing the draft Code of Basic Labor Laws of the USSR, which was supposed to become the first branch codified act of union significance is considered. The grounds, conditions and reasons for this codification are identified, its organizational and technical-legal aspects are investigated, and the subject composition is shown. The reasons are revealed due to which the work on the creation of an all-union labor code was not completed (lack of a clear conceptual and legal basis for codification, instability of social relations regulated by labor law, etc. The influence of the codification on the subsequent development of the Soviet labor legislation is shown.
Dissertations / Theses on the topic "Political aspects of Labor laws and legislation"
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Lam, Cheuk-ho Raymond, and 林焯豪. "Labor politics in Hong Kong: a case study on minimum wages legislation." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2007. http://hub.hku.hk/bib/B38283591.
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Livingston, Louis B. "Theodore Roosevelt on Labor Unions: A New Perspective." PDXScholar, 2010. https://pdxscholar.library.pdx.edu/open_access_etds/3077.
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Historical studies of Theodore Roosevelt's views about labor and labor unions are in conflict. This was also true of contemporary disagreements about the meaning of his labor rhetoric and actions. The uncertainties revolve around whether or not he was sincere in his support of working people and labor unions, whether his words and actions were political only or were based on a philosophical foundation, and why he did not propose comprehensive labor policies.
Roosevelt historiography has addressed these questions without considering his stated admiration for Octave Thanet's writings about "labor problems." Octave Thanet was the pseudonym of Alice French, a popular fiction writer during Roosevelt's adult years. Roosevelt on several occasions praised her knowledge of factory conditions and discussions of labor problems, and he invited her to the White House. The thesis analyzes her labor stories, Roosevelt's comments about her labor writings, and their relevance to how he responded to the growth and tactics of organized labor. It also addresses the influence on Roosevelt of contemporary writing on labor unions by John Hay, Henry George, and Herbert Croly, as well as his relationship with labor leader Samuel Gompers.
The thesis concludes that Roosevelt was sincere about improving the social and industrial conditions of workers, primarily through government action. It further concludes that his support of labor unions in principle was genuine, but was contingent on organized labor's repudiation of violence and attempts to justify violence; and that he opposed union boycotts and mandatory union membership as inimical to his vision of a classless society. The thesis additionally considers the extent to which Roosevelt's views were embodied in national labor legislation after his death.
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Ben-Galim, Dalia. "Equality and diversity : the gender dimensions of work-life balance policies." Thesis, University of Oxford, 2008. http://ora.ox.ac.uk/objects/uuid:d078b9c7-ceab-454c-a1b6-09ebe88fb725.
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This thesis analyses the gender dimensions of work-life balance policies in the UK. It focuses on three related questions: firstly, to what extent are work-life balance policies framed by 'diversity'; secondly, how does this impact on the conceptualisation and implementation of work-life balance policies (in government and in organisations); and thirdly, what are the implications for gender equality? Through analysing published research, the UK Government's work-life balance agenda and data generated from three selected case study organisations, the prominent dimensions of diversity that shape the conceptualisation and implementation of work-life balance policies are presented. This thesis argues that the concept of diversity - as defined by the feminist literature - offers the potential to progress gender equality through overcoming the same-difference dichotomy, and by recognising multiple aspects of identity. However, this theoretical potential is not necessarily reflected in practice. With the emphasis on the individual worker and choice, diversity has been primarily defined as 'managing diversity', and has a significant affect on how work-life balance policies have been applied in both government policy and organisational practice. The UK Government states that work-life balance policies are meant to provide everyone with opportunities to balance work with other aspects of life. The current policy framework targets parents and in particular mothers, potentially limiting the choices that men and women have to 'work' and 'care'. Locating work-life balance policies within the context of 'managing diversity' supports and facilitates women's employment, but does not necessarily challenge fundamental gender disparities such as occupational segregation and gender pay gaps. Analysis of the UK Government's current agenda and organisational case studies show that despite progressive equality, diversity and worklife balance agendas, work-life balance policies are limited in challenging persistent structural gender inequalities.
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Castro, Maria do Perpétuo Socorro Wanderley de. "Terceirização : uma expressão do direito flexível do trabalho na sociedade contemporânea." Universidade Católica de Pernambuco, 2012. http://www.unicap.br/tede//tde_busca/arquivo.php?codArquivo=725.
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O trabalho subordinado surgiu do modo de produção capitalista, na primeira Revolução Industrial. A contratação feita, inicialmente, sob o dogma da autonomia da vontade
dos contratantes, resultava em prejuízo do trabalhador. Isto gerou a luta de classes, surgindo os sindicatos como contrapoderes ao poder econômico das empresas. A penúria dos trabalhadores e o risco social daí decorrente levaram o Estado a estabelecer normas de proteção social e de regulação das relações de trabalho. Assim, formou-se o Direito do Trabalho. Os direitos sociais foram constitucionalizados, no Brasil, com a Constituição de 1934 e alcançaram maior densidade na Constituição de 1988 que afirma a dignidade da
pessoa humana como valor e principio fundamental da República, conjugado ao valor social do trabalho. Reconheceu-se o direito à inserção social e econômica dos trabalhadores no sistema capitalista e a vedação de procedimentos aviltantes ou destruidores das garantias e proteção social. Esta é a linha principiológica do Direito do Trabalho e que permeia a formação de seus institutos, obstando que eles sejam negados pela política de acumulação flexível do capital e de surgimento de novas formas de trabalho e modalidades contratuais. Aos princípios da proteção do trabalhador, irrenunciabilidade, continuidade do contrato e
valorização dos fatos na relação laboral, pelos quais se promove a igualdade jurídica entre o trabalhador e a empresa, somou-se, nesse contexto, o princípio geral do não retrocesso social em sua aplicação específica nas relações de trabalho. As relações de produção, na sociedade pós-moderna, focada na globalização e no neoliberalismo, tiveram modificações com as ideias de flexibilização das normas regulamentadoras ou desregulamentação do trabalho, na configuração do Direito do Trabalho Flexível. A formulação de seus conceitos levou aos
modelos atípicos de contrato de trabalho e às novas formas de prestação de serviços, destacando-se a terceirização, que é promovida no âmbito do serviço público e na atividade
privada. Assim, houve a expansão das relações terceirizadas, mas elas não foram regulamentadas, no Brasil, sendo praticadas sob uma fórmula que reuniu um contrato civil e
um contrato de trabalho para o ressurgimento da contratação com feição civilista e do marchandage. Com a anomia da terceirização, a realidade cobrou um tratamento jurídico
dessa forma organizacional, tendo o Tribunal Superior do Trabalho, mediante a súmula n 331, disposto sobre alguns aspectos do fenômeno e iniciado sua juridificação. De outro lado, como a desorganização das categorias profissionais e a dessindicalização acarretaram o aviltamento dos direitos trabalhistas e a dispersão e fragmentação das categorias, os sindicatos buscaram o protagonismo da regulação da terceirização, por meio das normas autônomas coletivas. A juridificação e a regulação autônoma, todavia, disciplinam parcialmente o fenômeno, que reclama a atividade legiferante do Estado. Como Estado Democrático de Direito, o Estado brasileiro, no cumprimento de sua função, tem a incumbência de estabelecer uma relação de equilíbrio entre os atores sociais, mediante a regulamentação da terceirização
com aplicação dos direitos fundamentais segundo o seu sentido e núcleo: a pessoa humana e seu lugar no mundo do trabalhoSem abstract
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Barnardt, Gerard Louis. "Electronic communication in the workplace : employer vs employee legal rights." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/49942.
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Thesis (LLM)--University of Stellenbosch, 2004.ENGLISH ABSTRACT: The monitoring of electronic communication is likely to face all employers sooner or later. The rapid advancement in technology aimed at helping to monitor electronic communication, makes it easier than ever before for employers to monitor the electronic communications of their employees. There are important questions to consider when dealing with the topic of monitoring electronic communication. Examples include "mayan employer legally monitor electronic communications?" and "how does monitoring affect the employee's right to privacy?" This thesis is an attempt to answer these and other related questions by analysing, inter alia, South African legislation, the Constitution and case law, as well as comparing the law as it applies in the United Kingdom and the United States of America. The analysis and conclusion offered in this thesis aim to provide theoretical consideration to academics and practical application for employers that are faced with the reality of monitoring electronic communications.
AFRIKAANSE OPSOMMING: Alle werkgewers sal waarskynlik die een of ander tyd met die monitering van elektroniese kommunikasie gekonfronteer word. Die snelle voortuitgang in tegnologie wat daarop gemik is om te help met die monitering van elektroniese kommunikasie, maak dit vir werkgewers makliker as ooit tevore om sodanige kommunikasies van hulle werknemers te monitor. Daar is egter belangrike vrae wat oorweeg moet word wanneer die onderwerp van monitering van elektroniese kommunikasie ter sprake kom. Voorbeelde hiervan is "mag 'n werknemer regtens elektroniese kommunikasies monitor?" en "hoe raak monitering die werknemer se reg tot privaatheid?" Hierdie tesis is 'n poging om hierdie en ander verwante vrae te beantwoord deur die ontleding van, onder andere, Suid-Afrikaanse wetgewing, die Grondwet en die reg soos deur hofuitsprake ontwikkel, sowel as vergelyking van die reg soos wat dit van toepassing is in die Verenigde Koninkryk en die Verenigde State van Amerika. Die ontleding en gevolgtrekking wat in hierdie tesis aangebied word, is gemik op die verskaffing van teoretiese oorweging aan akademici en praktiese toepassing vir werkgewers wat met die realiteit van die monitering van elektroniese kommunikasies gekonfronteer word.
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Bester, Juan. "The political economy of the intellectual property rights regime : Aids and the generic medicine debate in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53144.
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Thesis (MA)--University of Stellenbosch, 2002.ENGLISH ABSTRACT: This thesis is a descriptive and interpretive study into the political economy of intellectual property rights, the conceptual and practical implications for the phenomenon of global governance, and how developing countries experience problems with the implementation of national policies that infringe on international intellectual property rights. The specific area of interest is the generic medicine debate that ensued in South Africa after the alleged violation of patent rights of anti-HIV/Aids drugs by the Department of Health. The research question that is addressed is to what extent has the existing international intellectual property rights regime been influenced and/or undermined by South Africa's intended application of WTO regulations in terms of compulsory licensing and parallel imports of "essential" medicines. In doing so, the paper examines the roles of the important states, international organisations, institutions, and private sector firms within the sphere ofthe political economy of intellectual property and how they impede upon or improve the functioning of the intellectual property rights regime. The methodology entails analytical inquiries into documentary evidence on the nature of the international intellectual property rights regime. Areas that are examined are the agendas of the important actors, namely states and their respective departments; individuals and firms; and international organisations. The concept of intellectual property is examined to determine its dynamic role within the generic medicine debate. The thesis concludes that the agendas of pharmaceutical firms and states are exploiting current political stalemates in the negotiations for a fair intellectual property rights regime. National health agencies, and specifically the South African Department of Health, are under enormous pressure to provide affordable health services. Specifically, the US Government and US pharmaceutical firms are dominating discussions on the architecture of the international intellectual property law regime. By using an analysis incorporating systemic, domestic interest, institutional, and ideational perspectives, it is argued that South Africa's drive for a more distributive intellectual property rights regime has placed the issue of health, Aids and generic medicine firmly within the sphere of the political economy of trade agreements.
AFRIKAANSE OPSOMMING: Hierdie tesis is 'n deskriptiewe en 'n interpretiewe studie oor die politieke ekonomie van intellektuele eiendomsregte, die konseptuele en praktiese implikasies vir die verskynsel van globale regering, en hoe ontwikkelende lande probleme ervaar met die implimentering van nasionale beleid wat internasionale intellektuele eiendomsregte aantas. Die spesifieke area van belang is die generiese medisyne debat wat onstaan het na die beweerde skending van patentregte van anti-HIVNigs medisyne deur die Departement van Gesondheid. Die navorsingsvraag wat beantwoord word behels die omvang van die impak van Suid- Afrika se voorgenome toepassing van WTO bepalinge, met betrekking tot die verpligte lisensiering en parallelle invoer van "essensiele" medisyne, op die bestaande internasionale intellektuele eiedomsreg regime. Hierdie tesis ondersoek vervolgens die rol van state, internasionale organisasies, instellings, en privaat sector firmas binne die sfeer van die politieke ekonomie van intellektuele eiendom en hoe hulle afsonderlik die funksionaliteit van die intellektuele eiendomsregte regime beïnvloed. Die metodologie behels 'n analitiese ondersoek van die literatuur oor die aard van internasionale intellektuele eiendomsreg regimes. Areas wat ondersoek word, is die agendas van belangrike akteurs, naamlik die staat en sy onderskeie departemente; individue en firmas; asook internasionale organisasies en instellings. Die konsep van intellektuele eiendom word ondersoek om die dinamiese uitwerking daarvan op die generiese medisyne debat te verstaan. Hierdie tesis voer aan dat die agendas van firmas, spesifiek farmaseutiese firmas en state die huidige politieke dooiepunt in die onderhandeling rondom 'n regverdige intellektuele iendomsregte-regime, uitbuit. Nasionale instellings, soos die Suid-Afrikaanse Departement van Gesondheid, is onder groot druk om bekostigbare gesondheidsdienste te lewer. Die VSA en farmaseutiese firmas domineer onderhandelinge vir 'n nuwe struktuur vir die internasionale eiendomsregte-regime. Deur gebruik te maak van 'n analitiese raamwerk wat sistemiese, interne belange, institusionele, en ideologies perspektiewe inkorporeer, word daar geargumenteer dat Suid-Afrika se pogings om 'n meer distributiewe intellektuele eiendomsregte regime te verseker, die probleem van gesondheid, Vigs, en generiese medisyne binnne die sfeer van die politieke ekonomie van handelsooreenkomste, plaas.
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Delport, Kandi Sue. "Conflicts in the role of business as a social partner in the South African economy : a study of skills development in the Border-Kei region." Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1011784.
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This thesis analyses conflicts in the role of business as a social partner in the South African economy by studying skills development in the Border-Kei Region. Skills development is a key component of the South African government’s programme of labour market regulation and is founded on a participatory approach. The skills development framework requires the participation and co-operation of multiple social partners but relies heavily on the role of business in the attainment of national and sectoral skills development objectives. Unfortunately, however, there are significant conflicts in the role which business is expected to play which consequently hinder the efficiency of the framework and the likelihood that that these objectives will be realised. One of the most pertinent examples of these conflicts is the voluntary nature of the skills development framework, which incentivises but does not compel organisations to invest in training and development. Other conflicts include dissonances between national and employer led strategies and organisational disincentives to engage in training and development. This qualitative study uses an interpretive approach to study how and to what extent the Skills Development Act is implemented in selected organisations in Buffalo City as well as studying the issues pertaining to the implementation process. By using a purposive sampling approach, this research includes both primary data in the form of semi-structured interviews and secondary data in the form of documentary sources. The data represents the perspectives of business, labour and government and provides significant depth of insight into the discussions and issues surrounding skills development in Buffalo City. This dissertation argues that South Africa’s vocational training system, institutionalised through appropriate legislation, may not be sufficient to mobilise social partners, and of primary concern in this research – business – to invest in skills development. It suggests that extensive reliance on business is an insufficient way in which to upskill the labour market. However, with few alternatives to this approach, it is subsequently essential that business is encouraged to buy into the collective interest of skills development objectives. This primarily entails overcoming the challenges that embody the framework and increasing state emphasis on skills development.
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Manamela, Makwena Ernest. "The social responsibility of South African trade unions : a labour law perspective." Thesis, 2015. http://hdl.handle.net/10500/20069.
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Trade unions have been in existence for many years. Although their introduction was generally met with resistance, since their establishment trade unions have been important agents of social change worldwide. Over the years, trade unions have been involved in politics and other societal activities. In South Africa, trade unions for many years not only fought for worker’s rights within the workplace but also beyond the workplace. Trade unions started as friendly societies aimed at assisting their members with various matters, including offering financial help for education purposes and also in cases of illnesses. Although the main purpose of trade unions is to regulate relations between employees and their employers, trade unions perform other functions in society which can be broadly referred to as their social responsibility role. Unlike corporate social responsibility, which is
recognised and formalised, trade union social responsibility is not, with the role and importance of social responsibility for trade unions having been largely ignored. This thesis aims at changing this by investigating their core responsibilities and their social responsibilities and subsequently making recommendations on how trade unions could recognise and accommodate their social responsibilities in their activities. It also considers factors that could assist trade unions in fulfilling their social responsibilities. Trade unions generally obtain legislative support for their core responsibilities, but not their social responsibilities; however this should not obstruct trade unions in such endeavours. As modern organisations it is high time that trade unions make a contribution towards sustainable development through their social responsibility role.Private Law
LLD
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Knight, Simon A. "Reluctant realists: the Pacific Northwest lumber industry, federal labor standards and union legislation during the New Deal." Thesis, 1993. http://hdl.handle.net/2429/2591.
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The relationship between government and business during the New Deal can best be understood as one based on mutual dependence rather than endemic hostility. This is demonstrated with reference to the Northwest lumber industry and its response to New Deal labor standards and labor union legislation. The Northwest lumber industry during the 1920s and 1930s was beset by the problems of overproduction and cut throat competition which plagued much of American industry during the Great Depression. Industry leaders strove for ways in which to regulate a fiercely competitive marketplace. Attempts to foist higher production standards on marginal competitors through the promotion of voluntary trade associations failed because of the absence of enforcement mechanisms within the associational structure. The National Recovery Administration (NRA) similarly failed to provide a disciplined framework for competition in the region because the federal government failed to fulfill its role as an enforcement agent, although the experience of the NRA did suggest to the industry the potential benefits of stabilizing the marketplace through the regulation of labor costs, which were such a significant and vulnerable item in the business calculations of lumber operations. The problem of enforcement, however, remained. Labor unions had a record under the NRA and in the coal and clothing industries as an effective regulator of labor standards, but the memory of radical unionism in the early lumber industry combined with a concern for managerial prerogatives to forestall any voluntary support on the part of Northwest lumber leaders for unionisation in the region. The elevation of unions under the National Labor Relations Act, however, prompted versatile lumber executives to use the empowered unions for their own regulatory purposes. Never entirely comfortable with the potential costs of strong unions, the Northwest lumber industry turned to the federal regulation offered under the Fair Labor Standards Act as an additional, effective and less risky method of securing much needed stability in the industry.
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McFarland, Tracy Ann. "Constitutional promises meet political realities: a case study of South African women's groups and their influence on legislation." Thesis, 2006. http://hdl.handle.net/2152/2760.
Full textBooks on the topic "Political aspects of Labor laws and legislation"
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D, French John. Drowning in laws: Labor law and Brazilian political culture. Chapel Hill: University of North Carolina Press, 2004.
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Immer auf der Höhe des Zeitgeistes?: Wissenschaft im Wandel der politischen Systeme am Beispiel der Jurisprudenz. Konstanz: Universitätsverlag Konstanz, 1993.
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Vaidya, Ashish. Globalization: Encyclopedia of trade, labor and politics. Santa Barbara, Calif: ABC-CLIO, 2005.
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Iaryczower, Matías. Judicial lobbying: The politics of labor law constitutional interpretation. Cambridge, Mass: National Bureau of Economic Research, 2005.
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Iaryczower, Matías. Judicial lobbying: The politics of labor law constitutional interpretation. Cambridge, MA: National Bureau of Economic Research, 2005.
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Regulating flexibility: The political economy of employment standards. Montreal: McGill-Queen's University Press, 2009.
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Managing global legal systems: International employment regulation and competitive advantage. New York, NY: Routledge, 2006.
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Adams, Scott J. When do living wages bite? Cambridge, Mass: National Bureau of Economic Research, 2004.
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Bergh, J. S., and Fred Morton. "To make them serve ...": The 1871 Transvaal Commission on African Labour. Pretoria: Protea Book House, 2003.
Find full textBook chapters on the topic "Political aspects of Labor laws and legislation"
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Andreeva, Andriyana, and Galina Yolova. "On Humanizing Work in the Digital Age." In Advances in Finance, Accounting, and Economics, 178–96. IGI Global, 2022. http://dx.doi.org/10.4018/978-1-7998-8258-9.ch011.
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The chapter addresses the problem of humanization of labour in the digital age. With technological advancement worldwide, notwithstanding economic and political differences among individual states, digitalisation has invariably put its mark on human relationships. And it is about to transform both individual and social relations also in the labour law. Тhe purpose of the present study is to examine the acts and documents at European level and offer an up-to-date analysis on applicable aspects of introducing AI in the labour process, its role in facilitating employees work alongside potential threats and negatives. Based on said analysis, the authors offer their views on the challenges to be faced and outline ongoing trends in the doctrine, the European community and legislation, to put in place a regulatory framework towards humanization of work in the digital age.
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Sorkin, David. "Repudiation." In Jewish Emancipation, 289–308. Princeton University Press, 2019. http://dx.doi.org/10.23943/princeton/9780691164946.003.0024.
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This chapter highlights how Nazi Germany stripped Jews of rights in a reversal of the emancipation process: first political rights, then the freedoms of occupation and property ownership, and finally residence itself. With deportation, the Nazis carefully deprived Jews of their inferior form of “state membership” as well as expropriating all remaining property. Nazi de-emancipation inspired governments across Europe to infringe on Jews' equality or demote them to a lesser status. The governments first expropriated Jews' property and then their labor. Poland did not pass blanket legislation: it excluded Jews from the economy in a piecemeal fashion. Meanwhile, Hungary enacted a series of “Jew Laws”; Romania and Italy attacked Jews' citizenship; and Vichy France aimed to reverse the equality of 1791. Ultimately, many governments were complicit in the roundups and deportations that ended in mass murder. In contrast, only Romania joined Germany in organizing systematic mass murder.
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Borgen, Christopher. "Conflict Management and the Political Economy of Recognition." In Complex Battlespaces, 127–60. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190915360.003.0005.
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States increasingly find themselves in competition and conflict with non-State actors, including terrorist networks, insurgencies, separatist regimes, criminal cartels, and other groups. The effects of the law and practice of recognition—including the recognition of States, of governments, and of belligerencies—on conflicts with such illicit non-State actors has been underappreciated. The rules of recognition are not external to these conflicts; they interact with the strategy and the tactics of the parties to the conflict and of third-party States. While States have access to global markets, judicial protections, and the privileges and immunities of sovereignty, unrecognized entities use illegal strategies to find necessary resources to continue their fight. This chapter describes the range of actors that are both involved in violent conflict and also operate on the fringes of recognition. It will review the various aspects of law of recognition and consider practices old and new in order to understand the effects of recognition decisions, including how recognition interacts with the laws of armed conflict. It will also discuss how nonrecognition affects access to resources, such as financing and skilled labor, and the variety of responses by unrecognized entities. To understand the strategy of the illicit non-State actors in conflict with States, one must not only appreciate their motivations and goals, but perceive their constraints. The political economy of conflict is not separate and apart from the public international law of recognition; they are intertwined.
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Lomazzi, Vera, and Isabella Crespi. "Introduction." In Gender Mainstreaming and Gender Equality in Europe, 1–8. Policy Press, 2019. http://dx.doi.org/10.1332/policypress/9781447317692.003.0001.
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The introductory chapter aims at presenting the most important aspects of the book exploring the European policy strategy for gender equality, known as gender mainstreaming. The book focuses on the historical and socioeconomic changes in Europe regarding gender mainstreaming strategy and gender equality as a concept, while previous contributions focused only on specific aspects (legislation, economy, and politics).Furthermore, the connection between the institutional level of policymaking and the local implementation of European laws in the field of gender equality is an innovative issue because that was not so often connected with the topic of the gender culture of European societies or with their individual opinions/attitudes on gender roles. Lastly, the book explores innovative intersections between the fields of gender policies and survey research in order to investigate how GM policies affect regional gender cultures. In this way the issue of gender mainstreaming is observed as an ‘evergreen’ topicin the context of the changing beliefs, social structure, economics and political configuration of the European Union from the beginning till now, and with some critical points to be addressed for the future (such as economic crises, migration and integration process).
Conference papers on the topic "Political aspects of Labor laws and legislation"
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Saeed, Kurdistan, and Chawan Salah. "Electoral systems applied to the Iraqi parliament elections after 2003 (comparative analytical study)." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp277-289.
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This study deals with the electoral systems applied in Iraq after 2003 for the Iraqi Parliament elections. The issue's importance lies in the fact that elections are the legitimate means adopted by modern political systems based on the separation of powers. Therefore, after changing the political system in Iraq in 2003 from a one-party system to a democratic parliamentary system, the permanent constitution of 2005 granted the right to political participation for citizens. Including the right to participate in elections through nomination or candidacy for the Iraqi Council of Representatives, this study examines the electoral systems applied after 2003 and the reasons for the instability of the Iraqi parliament elections on a specific law. The study dealt with the types of electoral systems by focusing on the concept and emergence of elections and the most critical electoral systems adopted by political systems. Furthermore, the electoral systems applied after 2003 in the Iraqi parliament elections by focusing on the electoral laws or their amendments that preceded each electoral cycle since 2003 until now. The study concluded that the electoral system in Iraq was not legally stable; several amendments have been made to the laws regulating the elections for the House of Representatives. So the two elections did not repeat under one law because of political parties' criticism leveled at it. Moreover, the attempt by the large parliamentary blocs, through their control of the Iraqi Council of Representatives, to legislate laws that limit the victory of the blocs and small parties.
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Ahmad, Shamall. "Electoral system as a motivation to reforming political system- The Iraqi model." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp290-310.
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The flaws and major flaws in the political systems represent one of the main motives that push the political elite towards making fundamental reforms, especially if those reforms have become necessary matters so that: Postponing them or achieving them affects the survival of the system and the political entity. Thus, repair is an internal cumulative process. It is cumulative based on the accumulated experience of the historical experience of the same political elite that decided to carry out reforms, and it is also an internal process because the decision to reform comes from the political elite that run the political process. There is no doubt that one means of political reform is to push the masses towards participation in political life. Changing the electoral system, through electoral laws issued by the legislative establishment, may be the beginning of political reform (or vice versa), taking into account the uncertainty of the political process, especially in societies that suffer from the decline of democratic values, represented by the processes of election from one cycle to another. Based on the foregoing, this paper seeks to analyze the relationship between the Electoral and political system, in particular, tracking and studying the Iraqi experience from the first parliamentary session until the issuance of the Election Law No. (9) for the year (2020).
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Misheva, Kristina, and Marija Ampovska. "THE LEGAL ASPECTS OF TELEHEALTH." In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22436.
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Telehealth seems to be the new normal in this fast-changing environment. According to the European Commission eHealth was among the highest priorities before the COVID -19 pandemic. Transformation of health and care in the digital single market is among the EU`s six political priorities of the Commission 2019-2024 (2018 Communication on Digital Health and Care). The pandemic caused by COVID-19 just accelerates the necessity of the inclusion of digital health into the traditional healthcare systems. Telehealth services are among the biggest eHealth trends in EU. Therefore, one of the challenges is the national, regional and regulatory priorities regarding telehealth. There is lack of telehealth special legislative and governmental policies that needs to stimulate the developing and innovative solutions in medicine through technology and to envisage the upcoming innovation technology. Therefore, the government support and adequate policy making is important to support the development of the telehealth services. One of the main challenges is the electronic transactions of patient data among the telehealth providers and services and the cross-border patient data share. Another issue is the exchange of information among the national health institutions and providers and their interoperability. The Macedonian legislation does not have special legislation (policies, or laws) about telehealth. Telehealth is regulated as a term in the Law on health protection. Additionally, there is a lack of national acts, literature, and research in this subject matter. Thus, this paper will explore the telehealth from two main perspectives: scientific theories and legal practice and the users’ practice. Hence, this paper will analyze the legislation about the telehealth on the EU level and the EU Member States and the Macedonian legislation and the impact on the e-health that was made during COVID-19 pandemic. Furthermore, it will make comparative analyses among different countries into the EU zone compared with the EU aspirant country- the Republic of North Macedonia. A survey conducted among doctors in private and public healthcare institutions in the primary, secondary, and tertiary healthcare levels in the city of Stip and in the city of Skopje will provide data about the challenges, risks, and trends in telehealth before and during COVID -19.