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Journal articles on the topic 'Political aspects of Labor laws and legislation'
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1
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.
5
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.
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Sutherland, Carolyn, and Joellen Riley. "Industrial Legislation in 2009." Journal of Industrial Relations 52, no. 3 (June 2010): 275–87. http://dx.doi.org/10.1177/0022185610365626.
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In 2009, two major pieces of industrial legislation were enacted to give effect to the Labor Government’s commitment to replace Work Choices with laws for ‘Fair Work’. The Fair Work Act 2009 (Cth) promises to bring greater stability and simplicity to Australia’s workplace relations system. However, transitional rules in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) mean that it will be some time before participants in the system can enjoy these benefits. This review gives a brief account of both Acts before examining in more detail the enterprise bargaining rules which commenced operating in July under the supervision of a new institution, Fair Work Australia. We then consider two aspects of the Fair Work legislation which are most likely to provoke controversy when they commence operating in 2010, the adverse action and transfer of business provisions. We also look at the steps taken by federal and state governments to move towards a national system of workplace relations.
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Schofield-Georgeson, Eugene, and Michael Rawling. "Industrial legislation in Australia in 2019." Journal of Industrial Relations 62, no. 3 (April 2, 2020): 425–45. http://dx.doi.org/10.1177/0022185620911682.
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In this 2019 electoral year, a federal Morrison Liberal Government was returned to power with little in the way of an industrial agenda. It failed to implement its key legislation, which mainly included reform to union governance and changes to religious freedom in the workplace. Meanwhile, the state governments, particularly the Victorian Andrews Labor Government, reviewed a swathe of labour law, including wage theft, industrial manslaughter, owner–driver legislation and workers' compensation laws and implemented a host of progressive changes. This year has also seen the continuation of a key policy trend, observable at both state and federal levels of government, towards regulation of aspects of industrial relations by the state that were once exclusively the province of employers and trade unions through a twentieth-century system of conciliation and arbitration.
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Seltzer, Andrew. "Causes and Consequences of American Minimum Wage Legislation, 1911–1947." Journal of Economic History 55, no. 2 (June 1995): 376–78. http://dx.doi.org/10.1017/s0022050700041139.
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Although in the last two decades there have been literally hundreds of studies of postwar minimum wage legislation, there have been but a handful of studies of the first federal minimum wage, the Fair Labor Standards Act of 1938 (FLSA), and no studies of the state laws that preceded it.1 My dissertation attempts to bridge this gap by examining the political economy and effects of early American minimum wage legislation.
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Kebranian, Nanor. "Genocide, History, and the Law: Legal Performativity and Recognition of the Armenian Genocide in France and Germany." Holocaust and Genocide Studies 34, no. 2 (2020): 253–73. http://dx.doi.org/10.1093/hgs/dcaa027.
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Abstract Laws regulating historical discourse, or “memory laws,” recognize past injustices, and, as in the case of legislation regarding the Holocaust, may punish denial. They also reflect the geopolitical interests of states or supranational institutions, especially in contested histories, such as the Ottoman Empire’s persecution of Armenian subjects during the First World War. Scholarship on such legislation examines its ethical legitimacy and political impact, debating its effect on free speech and democratic governance. This discourse considers whether memory laws should ever be adopted, whether they actually achieve their goals, and the extent to which they reinforce realpolitik in governing institutions. This article reveals a hitherto little-discussed dimension of laws regulating historical discourse: performativity. Laws have performative effects in the form of meanings, intentions, and interpretations that go beyond the letter of the law. By focusing on Armenian Genocide recognition in France and Germany, this article elucidates the performative aspects of memory laws, revealing thereby underlying ideological biases and political agendas.
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Bailo, O. V. "SOME ASPECTS OF THE APPLICATION OF THE SIMPLIFIED REGULATION OF LABOR RELATIONS." Constitutional State, no. 48 (December 19, 2022): 32–38. http://dx.doi.org/10.18524/2411-2054.2022.48.267965.
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The Code of Labor Laws of Ukraine was supplemented by Chapter III-B “Simplified mode of regulation of labor relations”. Like any new legal institution, the institution of a simplified regime for the regulation of labor relations raises a number of questions in law enforcement practice. A feature of the simplified regime of regulation of labor relations is the “simplified” procedure for organizing document circulation at the workplace. In connection with the emphasis on the employment contract (Part 4, Article 21 of the Code of Labor Laws of Ukraine), as a means of regulating labor relations, employers who use the simplified regime are not subject to the “requirements for keeping documentation on personnel matters, adopting local normative acts and organizational and administrative documentation, including regarding the regime of working hours and rest time, vacations, as well as other documents on issues regulated by the employment contract”. It is only mandatory to keep records of the employee’s performance of labor activities in electronic form. The article pays special attention to the problems of content of the employment contract. There are no special regulations on the content of the employment contract in the current Labor Code of Ukraine. In general, the content of the employment contract is provided for in the first part of Article 21 of the Labor Code of Ukraine, but the absence of special norms in the Code causes certain difficulties in law enforcement practice. The application of the simplified legal regime for the regulation of labor relations provides for the possibility of establishing the individual working conditions of the employee directly in the employment contract. Current labor legislation uses the term “working conditions” ambiguously. Giving primary importance to the terms of the employment contract under the simplified regime of regulation of labor relations actualizes the issue of the legal consequences of non-compliance by the parties with the conclusion of the employment contract with the requirements of the law. From the provisions of the Labor Code of Ukraine, it remains an unresolved issue whether the simplified legal regime for the regulation of labor relations will be transformed into the usual regime for their regulation or the simplified regime will be continued after the abolition of martial law. The institution of termination of labor relations in the conditions of a simplified regulatory regime is of interest. That is, in addition to the general terms of termination of employment relations, which are established by the Code of Labor Laws of Ukraine and the terms of termination of employment relations, which the parties to the employment contract agreed upon when concluding it, the employer has the opportunity to terminate the employment relationship on other grounds with justification (specification) of the reasons for such termination and with the provision of compensation to the employee in the amount and in the order specified by the employment contract. The new simplified mode of regulation of labor relations needs to be finalized and harmonized with other normative legal acts in the field of labor.
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Bortnyk, S. M. "The current state of legal regulation of labor relations in Ukraine." Bulletin of Kharkiv National University of Internal Affairs 98, no. 3 (September 28, 2022): 58–66. http://dx.doi.org/10.32631/v.2022.3.05.
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The experts’ point of view regarding the concept of “labor legal relations” has been studied and the author’s definition has been given, which means the volitional, legal relationship between an employee and an employer, arising on the basis of an employment contract, regarding the employee’s performance of work with its payment and ensuring the working conditions necessary for it performance provided for by labor legislation, collective agreement and agreement of the parties.
The current state of legal regulation of labor relations has been considered. It is well-founded that the Labor Code of Ukraine has not been adopted to date, therefore the Labor Code of Ukraine should really be the main regulatory legal act that comprehensively regulates all aspects of labor relations. Ensuring this, first of all, will contribute to a clear understanding of the normative material and its quick search. It is noted that today, due to certain circumstances, the Labor Code does not fulfill the role of the main act of labor legislation: firstly, along with the Labor Code, there are traditionally other laws that regulate certain aspects of labor relations, namely the laws of Ukraine “On Labor Payment”, “On vacations”, “On labor protection”; secondly, the norms of the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law”, adopted on March 15, 2022, suspended a large number of norms of the Labor Code and established other parameters of working conditions for all employees during the period of martial law.
The analysis of the norms of modern national legislation shows that the changes established by the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” worsen the working conditions of employees established by the Labor Code. It has been proven that the introduction of most of these changes is correct in the conditions of martial law, when the country’s economy needs radical transformations and additional resources. The inexpediency of reducing the guarantees established by the Labor Code for women who have a child under the age of three has also been proven, since raising a child is an extremely important social function of women in society and the state.
The expediency of introducing wording changes in Articles 8 and 9 of the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” from the words “women who have a child under the age of one year” and “of women who have a child under the age of one year” to, respectively, the words “women who have a child under the age of three” and “of women who have a child under three years of age” has been grounded in the article.
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Schneider, Nina. "Origins of child rights governance: The example of early child labour legislation in the United States and Brazil." Childhood 26, no. 3 (June 18, 2019): 289–303. http://dx.doi.org/10.1177/0907568219850241.
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Adopting a historical and comparative perspective and moving beyond the North–South divide in the historical literature on child rights governance, this article contrasts the first enduring national anti-child labour laws in the United States and Brazil – the US Fair Labor Standards Act of 1938 and the Brazilian Minor’s Code ( Código de Menores) of 1927. It identifies key political structures that conditioned these laws, and examines how these influenced the timing, scope, clustering, and impact of early child rights legislation.
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Selberg, Niklas, and Markus Gunneflo. "Discourse or Merely Noise? Regarding the Disagreement on Undocumented Migrants." European Journal of Migration and Law 12, no. 2 (2010): 173–91. http://dx.doi.org/10.1163/157181610x496867.
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AbstractDrawing on Jacques Rancière’s theorising of the political, this article analyses the disagreement on undocumented migrants in recent legislation in Sweden and within the European Union as well as in Swedish labour union practice. Both the consensus understanding of the issue of undocumented migrants and the materialisation of dissensus through the political activities of undocumented migrants are studied. The aims of the article are: firstly, to show that undocumented migrants in Sweden engage in a political struggle that is not recognised as such, to analyse the structure or conditions of possibility of this non-recognition, and finally, to analyse the ways in which these conditions might be undone through the political activities of undocumented migrants. The theoretical claim is that the issue of undocumented migrants involves intimately core aspects of both politics and law and that the struggle of undocumented migrants is a process in which our understanding of political and legal subjectivity is called into question. In conclusion we reflect on the question of political change against the background of the theoretical and empirical findings of the analysis.
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Gut, Paweł. "Ustawowe podstawy działania archiwów niemieckich. Federalne i krajowe ustawy archiwalne." Archeion, no. 121 (2020): 182–214. http://dx.doi.org/10.4467/26581264arc.20.007.12964.
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Statutory grounds for the activity of German archives. Federal and national laws on archives Laws on archives lay down the purposes and tasks of archives. Modern archival legislation began to develop as early as at the time of the French Revolution. According to Elanie Goh, the development of archives and the enactment of archival law was either revolutionary or evolutionary. The federal political system of Germany is also reflected in its law on archives, in the organisation of archives, in record management and in its archival fonds. This results, for example, from the variety of archive traditions and from the past political systems in Germany, which is why the country archival legislation relies on both enactment trends. Up until the 1980s, the issue of archival fonds and archives in the Federal Republic of Germany, a democratic state, was not regulated by laws on archives (Archivgesetze) but by other regulations instead, usually administrative orders. This changed due to personal data protection and confidentiality legislation. The first domestic law on archives was adopted by Baden-Württemberg in 1987, and the federal act (Bundesarchivgesetz) was signed in January 1988. By 1997, all the states received archival legislation, which was either amended or re-enacted over the next two decades. A new federal law on archives was announced in 2017. German laws on archives are concise documents that address the main aspects of archival fonds, record management (also for electronic records) and archive organisation. Being so laconic, the legislation does not require vast modifications during the creation of other laws that influence archives (for example, personal data protection laws).
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Gut, Paweł. "Ustawowe podstawy działania archiwów niemieckich. Federalne i krajowe ustawy archiwalne." Archeion, no. 121 (2020): 182–214. http://dx.doi.org/10.4467/26581264arc.20.007.12964.
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Statutory grounds for the activity of German archives. Federal and national laws on archives Laws on archives lay down the purposes and tasks of archives. Modern archival legislation began to develop as early as at the time of the French Revolution. According to Elanie Goh, the development of archives and the enactment of archival law was either revolutionary or evolutionary. The federal political system of Germany is also reflected in its law on archives, in the organisation of archives, in record management and in its archival fonds. This results, for example, from the variety of archive traditions and from the past political systems in Germany, which is why the country archival legislation relies on both enactment trends. Up until the 1980s, the issue of archival fonds and archives in the Federal Republic of Germany, a democratic state, was not regulated by laws on archives (Archivgesetze) but by other regulations instead, usually administrative orders. This changed due to personal data protection and confidentiality legislation. The first domestic law on archives was adopted by Baden-Württemberg in 1987, and the federal act (Bundesarchivgesetz) was signed in January 1988. By 1997, all the states received archival legislation, which was either amended or re-enacted over the next two decades. A new federal law on archives was announced in 2017. German laws on archives are concise documents that address the main aspects of archival fonds, record management (also for electronic records) and archive organisation. Being so laconic, the legislation does not require vast modifications during the creation of other laws that influence archives (for example, personal data protection laws).
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SULLIVAN, KATHLEEN. "Sailors, Crimps, and Commerce: Laws Protecting Seamen, 1866–1884." Journal of Policy History 34, no. 4 (September 1, 2022): 555–86. http://dx.doi.org/10.1017/s0898030622000203.
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AbstractNineteenth-century seamen were subject to exploitation by boardinghouse keepers who recouped seamen’s debt by pocketing their advance wages from a future voyage. New York’s 1866 Act for the Better Protection of Seamen, the U.S. Shipping Commissioners Act of 1872, and the 1884 Dingley Act all purported to respond to this practice of “crimping,” but each of these acts simply allowed for new arrangements that continued to exact money from seamen. Even when corruption or collusion operated and were publicly known, such practices were tolerated because they continued to provide a steady supply of maritime labor, which promoted maritime commerce. This article considers the misleading political development of this legislation in the context of the early years of spoils reform.
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Katunin, D. A. "Language in Bulgarian Legislation." Rusin, no. 62 (2020): 194–211. http://dx.doi.org/10.17223/18572685/62/11.
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The article aims to analyse Bulgaria’s provisions of the laws and international treaties that regulate the use and functioning of languages in the country since the restoration of the Bulgarian statehood at the end of the 19th century to the present day (that is, monarchical, socialist and modern periods). The evolution of this aspect of the Bulgarian national law is analysed depending on the form of government in the particular era of the state’s existence. The article examines Bulgaria’s relations with neighboring Balkan countries throughout their development, including numerous wars, which were primarily based on attempts to solve ethnic problems. Based on the results of the censuses of the population of Bulgaria and Eastern Rumelia, data are provided on the dynamics of the absolute and relative number of Bulgarians and major national minorities and on the number of those who indicated their native languages. The significance of the study is due to the fact that the Balkan Peninsula, although being on the periphery of current processes in the modern geopolitical paradigm, not being their actor and being divided into a dozen states, still played and is playing one of the leading roles in the European and world histories. The study of language legislation, as one of the key elements of language policy, makes it possible to identify a variety of aspects of interethnic relations both in the historical, retrospective and long-term perspective. In addition, the study of this issue may be in demand when considering interethnic conflict situations in other problem areas. The article concludes that the language legislation of Bulgaria is characterized by significant minimalism in comparison with similar aspects of law in many European countries, and the linguistic rights of national minorities in Bulgaria are minimally reflected in the considered laws of the state.
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Richards, Harriette. "Risk, Reporting and Responsibility: Modern Slavery, Colonial Power and Fashion’s Transparency Industry." International Journal for Crime, Justice and Social Democracy 11, no. 2 (June 3, 2022): 47–60. http://dx.doi.org/10.5204/ijcjsd.2378.
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This article investigates the role of the Australian Modern Slavery Act 2018 as a reporting mechanism aimed at preventing the use of forced labour in global supply chains. In the fashion industry, modern slavery legislation pursues the ambitions of activist movements that have long campaigned for increased knowledge about supply chain practices to improve the labour conditions of garment workers, especially for those in the Global South. In recent years, such campaigns against the entrenched opacity of the global fashion system have given rise to a transparency industry built on practices of auditing and supply chain management, including in relation to modern slavery legislation. This article analyses 10 modern slavery statements submitted to the online Modern Slavery Register by fashion brands operating in Australia in the 2019–2020 reporting period to explore how the Modern Slavery Act 2018 participates in colonial relations of power. It focuses on three aspects of the statements: factory reporting and third-party auditing, corporate grievance mechanisms, and risks associated with COVID-19. Finally, the article argues that while improved transparency can generate positive outcomes for workers, the reporting required by modern slavery legislation is often more concerned with providing assurances about labour standards to consumers and stakeholders in the Global North than with the needs or experiences of workers in the Global South.
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Petrov, A. Ya. "Federal Industry Agreement on Communications and Information Technology Organizations: Duplication and Collisions." Voprosy trudovogo prava (Labor law issues), no. 8 (August 18, 2022): 484–93. http://dx.doi.org/10.33920/pol-2-2208-01.
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The article, based on the norms of the Labor Code of the Russian Federation, the doctrine of modern labor law, analyzedthe Federal Sectoral Agreement on Communications and Information Technology Organizations for 2021–2023, identifiedduplicate and conflict of laws, as well as other controversial aspects
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Macmaoláin, Caoimhín. "Waiter! There’s a beetle in my soup. Yes sir, that’s E120: Disparities between actual individual behaviour and regulating food labelling for the average consumer in EU law." Common Market Law Review 45, Issue 4 (August 1, 2008): 1147–65. http://dx.doi.org/10.54648/cola2008074.
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This article examines aspects of EU food labelling requirements, explaining how under current law, consumers can still be deceived, misled and confused. It assesses whether this has arisen because of the primacy accorded to other competing policies, asserting that consumers would not be best protected by the introduction of yet further amending legislation. Instead, what needs consideration is the strategic direction of the policy promulgated by existing laws. This article traces the development of EU food labelling laws from the early vertical legislation setting compositional requirements for specific products, through to the most recent, and possible future, horizontal requirements for all foodstuffs. Against this background, the article concentrates on the implementation of particular laws designed to address food–related health concerns, such as the use of additives and the proliferation of obesity related issues. It is concluded that Member States are shackled both by the evolution of current consumer law and the scope afforded to implement new laws relating to the promotion of healthy food, and questions whether the free movement of goods should still be accorded its traditional primacy.
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Kotova, Liubov, and Victoria Tiutiunnyk. "PROBLEMS OF LABOR LAW FORMATION IN THE FRAMEWORK OF EUROPEAN INTEGRATION." Law Journal of Donbass 77, no. 4 (2021): 85–92. http://dx.doi.org/10.32366/2523-4269-2021-77-4-85-92.
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European labor law as a supranational law of the member states of the European Union is interesting to consider its "pros" and "cons", which should be taken into account when reforming Ukrainian labor legislation. The article studies the main provisions of European labor law and the dynamics of changes in European labor law. Ukrainian labor law is national, European labor law is supranational in nature and is binding on any EU member state. The competence of the EU is delimited from the competence of the Member States, the principles of subsidiarity and proportionality are applied. The EU can only act within the limits agreed by the Member States. Labor law at the national level is formed independently by the state, the EU complements national legislation, primarily on the health of workers, working conditions, protection of workers in dismissal. Initially, European labor law was conceived as one of the tools for creating a common market that promotes gradual unification, dictated by economic integration and the political context. Then the European social model began to develop through the harmonization of national legislation to which the social partners are "tied". The process is carried out through the consolidation of fundamental social rights at the EU level, as well as through the use of flexible methods aimed at the approximation of national laws. EU labor law, like Ukrainian labor law, complies with all the basic principles and provisions of international labor law. To date, Ukraine has ratified 70 The International Labor Organization (ILO) conventions. Acts of EU law have supremacy over national law. Even if a state does not bring national legislation into line with the directive, its violation can be challenged in an EU court. Judges of national courts are in some cases directly required to seek interpretation of European law in the European Court of Justice in Luxembourg. In the article we consider the legal regulation of major issues in the field of labor: labor protection, an employment contract, working hours, leisure time, wages, protection of personal data of employees and social partnership.
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Endere, Maria Luz. "Archaeological Heritage Legislation and Indigenous Rights in Latin America: Trends and Challenges." International Journal of Cultural Property 21, no. 3 (August 2014): 319–30. http://dx.doi.org/10.1017/s0940739114000174.
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Abstract:The recognition of the rights of indigenous peoples has been on the political agenda in Latin America since the 1980s, although it has not always been reflected in the legal systems of the countries in the region. Most of them have passed laws that grant legal recognition to indigenous communities and have recognized their rights in the national constitutions. However, these rules do not always refer to some particular aspects of the indigenous culture, such as those related to their cultural heritage. In general, the archaeological remains are ruled by specific laws that do not consider, or vaguely mention, the indigenous peoples’ rights and their participation in the decision-making process. As a result of the lack of consistency between the indigenous and cultural heritage laws in most countries, the participation of indigenous peoples in heritage management is still exceptional.
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Lebedeva, Marina A. "Labour law of Argentina: features and historical stages of development." RUDN Journal of Law 26, no. 2 (May 28, 2022): 297–313. http://dx.doi.org/10.22363/2313-2337-2022-26-2-297-313.
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The labor law of Argentina, its history and current trends are scarely examined by Russian scientists. The author aims to provide a general overview of the history of Argentine labor law, to highlight the historical stages of its development, to identify the essential features inherent in Argentine labor law at every stage, as well as to identify its current state. The article analyzes the first draft of the Argentine Labor Code of 1904 on the continent and the most im-portant laws regulating labor relations including the Law on the Employment Contract of 1974. The author concludes that Argentine labor law has a system of protection of labor rights of a fairly high level. At the same time, the instability of the political and economic situation in the country does not allow implement-ing the achievements of labor legislation and ensuring the implementation of la-bor rights proclaimed by the Constitution of Argentina.
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Hall, Richard. "The Politics of Industrial Relations in Australia in 2007." Journal of Industrial Relations 50, no. 3 (June 2008): 371–82. http://dx.doi.org/10.1177/0022185608089994.
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Industrial Relations proved to be one of the dominant issues in the 2007 federal election campaign with the Government at first defending, and then moderating, their Work Choices legislation. The Labor Opposition benefited greatly from the successful Australian Council of Trade Unions (ACTU) campaign against Work Choices and established a significant electoral advantage on the issue. Labor introduced its own IR policy alternative under the banner `Forward with Fairness' and then spent a good deal of 2007 trying to sell its policy to business. The final policy adopted by Labor, and set to become law over the next few years, represents something of a calculated political compromise. When the detail of the policy is considered the influence of the Work Choices laws is still very much apparent.
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Stepanov, Vladislav E. "Private law branches under a totalitarian political regime (the case of Soviet labor law development in the 1918–1930s)." Law Enforcement Review 4, no. 2 (June 30, 2020): 20–27. http://dx.doi.org/10.24147/2542-1514.2020.4(2).20-27.
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The subject. Implementation of Soviet labor law in the context of totalitarianism. Particular
attention is paid to the formation of a repressive model of regulation of private law relations. The study of this problem is extremely important from the point of view of the totalitarian past of our country, covering all spheres of public life and entailing large-scale tragic
consequences.
The purpose of the article is to confirm or disprove hypothesis that a totalitarian political
regime seriously impacts on the essential characteristics of private law branches.
The theoretical and methodological basis of the study includes the principles of objectivity
and historicism, the formal logical interpretation of the Soviet legal acts concerning labor
relations and the method of system analysis, which allows us to reveal the subject of research comprehensively.
The main results, scope of application. During the formation of the Soviet totalitarian regime, administrative methods of governance in the branches of private law (and in labor
law, in particular) prevailed. The formation and development of Soviet labor law in the
1918-1930s. fully reflects the logic of the impact of a totalitarian state on the branches of
private law. The widely used system of repressive measures in the sphere of labor was provided not only by laws, but also by the adoption of numerous by-laws, which deformed the
system of private law relations based on decentralization and freedom of choice by legal
entities. Labor relations were used by the Soviet state as a means of political management
of significant masses of the population. Along with the codification of labor legislation (the
adoption of the RSFSR Labor Law Codes of 1918 and 1922), normative acts aimed at state
monopolization of labor regulation were adopted. A significant number of by-laws, which
actually had the highest legal force, often had a purely coercive nature and was used by
management as a means of achieving political goals. There was a de facto substitution of
the right to work with a labor obligation. In a totalitarian regime in 1918-1930. in fact, a labor obligation is being affirmed, and the relationship between the employee and the employer has ceased to be private in nature, being under the control of executive authorities.
Conclusions. Totalitarian political regime seriously changed the essential characteristics of
private law branches.
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Kogan, Vladimir. "Do Anti-Union Policies Increase Inequality? Evidence from State Adoption of Right-to-Work Laws." State Politics & Policy Quarterly 17, no. 2 (November 20, 2016): 180–200. http://dx.doi.org/10.1177/1532440016677217.
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The distribution of income lies at the intersection of states and markets, both influencing and responding to government policy. Reflecting this reality, increasing research focuses on the political origins of inequality in the United States. However, the literature largely assumes—rather than tests—the political mechanisms thought to affect the income gap. This study provides a timely reassessment of one such mechanism. Leveraging variation in labor laws between states and differences in the timing of adoption of right-to-work (RTW) legislation, I examine one political mechanism blamed by many for contributing to inequality. Using a variety of panel designs, I find little evidence that RTW laws have been a major cause of growing income inequality, pointing to the importance of grounding theoretical arguments about the interrelationships between states and markets in a sound empirical reality.
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Harahap, Hadry, and Adnan Hamid. "Analysis of The Importance of Omnibus Law “Cipta Karya" in Indonesia." International Journal of Scientific Research and Management 8, no. 08 (August 25, 2020): 236–50. http://dx.doi.org/10.18535/ijsrm/v8i08.lla01.
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This study attempts to describe the juridical and historical aspects of the implementation of the Manpower Law, and this study aims to analyze the importance of the Omnibus Law "Cipta Karya" in Indonesia in Indonesia.. This research was conducted using descriptive and qualitative methods, through a library research approach. The results of this study indicate that the Omnibus Law “Cipta Karya” Bill was passed by the Indonesian Parliament. The bill is considered to have the potential to violate the rights of citizens guaranteed by the constitution because for the sake of investment, labor rights are secondary. Therefore, comprehensive and sustainable strategic efforts are needed to improve labor laws in Indonesia with reference to the mandate of Law Number 12 of 2011 in conjunction with Law Number 15 of 2019 concerning the Formation of Laws and Regulations that must contain consideration of aspects philosophical and juridical and sociological. Therefore, the Government and the House of Representative (Dewan Perwakilan Rakyat Republik Indonesia - DPR RI) must have a high commitment and political will in terms of the formation of labor laws and regulations based on the principles of clarity of objectives, the principle of appropriate institutional or forming organs. , the principle of clarity of formulation, and the principle of transparency
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Gordeev, I. A., and M. I. Gordeeva. "HISTORY OF LEGISLATION DEVELOPMENT ABOUT CHILD LABOUR IN RUSSIA TILL OCTOBER 1917." Proceedings of the Southwest State University 21, no. 6 (December 28, 2017): 201–11. http://dx.doi.org/10.21869/2223-1560-2017-21-6-201-211.
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This article is devoted to history of legislation development about child labour in Russia till October 1917. The beginning of industry development in Russia in the 19th century demanded a large number of “working hands”. At the same time businessmen didn't want to lose planned benefit and tried to look for such workers who would be less exacting in compensation at sufficient labor efficiency. Children were such labor and their work was necessary for many factories and plants. State support of Russian bourgeoisie of central part didn't hurry to regulate legislatively labor relations, establish obligations of industrialists in relation to workers in general and juvenile workers in particular. All this explains why restriction projects of juveniles’ labor couldn't be implemented within the 1870th years. Legal labour support in Russia at the end of XIX - the beginning of the XX century was progressive. Acts were adopted in the conditions of not only industrialists’ opposition and workers, but also in the conditions of businessmen competition. Laws governed public relations on labor wage application, children and women labor involvement and also initial training of juveniles in pre-revolutionary Russia. The value of factory legislation acts in regulation of minor workers is high. They opened a way to legal settlement of disputes in industrial environment of the end XIX - the beginning of the XX century. Originally adopted acts were conditional. However under the influence of social, political and legal factors more accurate forms were corrected. Authors note that serfdom cancellation and other reforms of the beginning of the 60th years of the 19th century in Russia were made for broad development of market relations which caused the necessity of working legislation formation. There was a legislative fixing of parties' inequality at enterprises and unpunished exploitation of children.
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Lipen, S. V. "Trends in the Development of the Doctrinal and Constitutional Foundations of the Russian Legal System." Lex Russica 73, no. 10 (October 23, 2020): 106–13. http://dx.doi.org/10.17803/1729-5920.2020.167.10.106-113.
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The construction of the Russian legislation system is determined by the fundamental provisions on the types of normative legal acts, their relationship to each other, and the general issues of their creation, operation, accounting and systematization. These provisions are developed by the doctrine, they are constitutionally and legally fixed. New trends in the development of the foundations of the Russian legislation are announced by the amendments to the Constitution of the Russian Federation made in 2020. There were no significant changes in the system, structure, creation and operation of regulatory legal acts. At the same time, new terminology is being introduced, and new institutions that legal science should address are emerging. The concept of "public authority" is being introduced, and it is likely that the development of legal aspects of its activities should be taken into account in the concept of Russian legislation. Preliminary constitutional control of laws is another new institution. The Russian model is specific to the subject of the relevant request (the President of the Russian Federation) and the objects of preliminary constitutional control (draft laws, Federal laws and laws of the subjects of the Russian Federation). The paper discusses other new constitutional provisions related to the foundations of Russian legislation.The author summarizes that in connection with the amendments-2020, the development of the constitutional and doctrinal foundations of the system of Russian legislation should also be noted. These grounds, without undergoing dramatic changes, become somewhat more complex, new institutions appear (preliminary constitutional control of laws adopted by Federal and regional parliaments, etc.) and new terminology (public power, etc.). The development of the doctrine is guided by political will and constitutional changes, which can be considered as legal means of consolidating public administration. Further doctrinal development of the adopted constitutional innovations and improvement of the concept of Russian legislation are also necessary.
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BOIKIVSKA, GALYNA, SVITLANA HLADUN, and OLGA KUTNIA. "THEORETICAL ASPECTS OF RESEARCH OF EMPLOYMENT PROBLEMS OF PERSONS WITH DISABILITIES." HERALD OF KHMELNYTSKYI NATIONAL UNIVERSITY 296, no. 4 (June 2021): 35–39. http://dx.doi.org/10.31891/2307-5740-2021-296-4-6.
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The article examines the problems of employment of persons with disabilities and the peculiarities of regulatory and legal support in the field of regulation of employment of persons with disabilities. The employment rate of people with disabilities is a priority for a good life and an important indicator that gives them the right to feel like full members of society and get a positive impact on their psychological state. The concepts of state policy in the field of employment regulation of persons with disabilities are analyzed. The accumulated international and domestic experience shows that the effective solution of these problems is possible only within the model in which the political goals of the state, legal, economic, organizational and scientific skills, components of the social protection of persons with disabilities are pensions, state social insurance, state social insurance. support, system of benefits and compensations. Ukraine only at the first stage to inclusive development Inclusive development is based on the distribution of welfare, elimination of discrimination and participation of all labor resources, which provides a high standard of living for the majority of the population. Approaches to the definition of the terms “disability” and “persons with disabilities” in the legislation of different countries are systematized. Domestic legislation provides for a number of economic levers of influence on enterprises, institutions, organizations that use hired labor, in order to ensure employment of this category of citizens. The main problems of employment of people with disabilities and ways to overcome them are identified. Integrating people with disabilities into the labor market is a complex multilateral process that requires each country to find a specific combination of measures and funding opportunities. Successful implementation of measures is essential to create a comprehensive labor market with equal opportunities for all members of society.
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Makushev, Andrey E. "LAWS AND INTERESTS: Factory Inspection Relationships with Owners and the Administration of Industrial Enterprises of Russia at the Beginning of the 20th Century (Based on Materials from the Middle Volga Region)." Humanitarian: actual problems of the humanities and education, no. 4 (December 30, 2018): 409–28. http://dx.doi.org/10.15507/2078-9823.044.018.201804.409-428.
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Introduction. Factory inspection was one of the key institutions that influenced the industrial development of Russia in the late XIX – early XX centuries. The factory inspection, closely integrated into the state management system, went through several stages of its formation and development. Being at the very center of social contradictions within the framework of an increasingly acute “work issue”, the factory inspectorate was often criticized by various political forces, as well as by entrepreneurs and the public. Research methods. The range of applied research methods when considering this topic is determined by the intersection of several subject areas: social, economic and legal. In order to reflect all the complexities of their interaction, the methods of socio-institutional analysis were used. The use of the modernization theory made it possible to include the approval of factory-labor legislation in Russia in the trend of industrial modernization. The method of micro-history allows you to see the specific practice of the relationship of factory inspection with the owners and administration of industrial enterprises. Results. In this article, based on the study of predominantly archival sources, an analysis was made of the activities of factory inspection of the provinces of the Middle Volga region in the beginning of the 20th century in the context of confrontation with entrepreneurs, the essence of which was the desire to oblige them to comply with the norms and rules of factory labor legislation. As the study showed, it was not unclouded, it raised many questions and controversial issues, often caused by the frank reluctance of the owners and administrations of industrial enterprises to comply with the requirements of factory-labor legislation, and in some cases the insufficient functioning of the factory’s institute inspection, as well as mechanisms for its implementation. Discussion and conclusion. As the study shows, carrying out mediation in resolving labor disputes and conflicts between workers and entrepreneurs, factory inspectors became essentially the main actors in the formation of the legal space in the sphere of industrial production in Russia at the beginning of the 20th century. Gradually, they became an effective force that could resist the desire of the owners and management of enterprises to preserve the so-called “old factory orders”, where the decisive role was played not by the “letter of the law”, but by the will of the owner and a well-established custom. The way in which the new practice of production and labor relations was successfully implemented largely depended on the personality of the factory inspector, on his principledness and desire to resist the entrepreneurs and the administration of factories in their desire not to comply with the norms of factory labor legislation. Keywords: industry, actory inspection, workers, entrepreneurs, Middle Volga region, factory labor legislation
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Buniak, Daria. "Constitutional Gender Anti-Discrimination Measures in European Model of Human Rights." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2020, no. 3 (November 6, 2020): 245–56. http://dx.doi.org/10.21603/2542-1840-2020-4-3-245-256.
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The present research featured anti- discrimination laws used in EU countries. The research objective was to describe the categories of equality, non-discrimination, and protection against discrimination within the European model of human rights, as well as to analyze their effectiveness. The article focuses on domestic violence, gender discrimination in the political sphere, and the so-called gender laws, or laws on gender-based violence. Even in the modern world, women still remain subject to discrimination. This fact justifies the development of special laws to protect their natural rights. However, the exact extent of gender discrimination remains unclear. The author raises the question of effectiveness of such laws and other legal provisions. The research featured both constitutional norms and current legislation in cases its norms develop the constitutionally significant principle of non-discrimination, as well as the practice of constitutional review bodies, special bodies, and legal awareness. The work was based on the dialectical method (logical method, analysis and synthesis, modeling), as well as on some special methods (formal legal, historical, systemic, etc.). The formal legal method was used to analyze the gender anti-discrimination norms of legislation of EU countries. The specific-historical method helped to interpret the legal events and facts that shaped the modern constitutional protection measures. The system method was used to describe the legislation of the EU states. Equality is the freedom for a person to choose their identity and occupation regardless of behavior stereotypes imposed by their community. The European model of human rights concentrates on such constitutional and legal aspects of the fight against discrimination as the legislation reform and bodies of constitutional control. However, sometimes such measures fail and might be used for manipulation.
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Vasyukov, S. V. "Problematic aspects of termination of an employment contract due to a reduction in the number or staff of employees." Voprosy trudovogo prava (Labor law issues), no. 8 (August 18, 2022): 494–503. http://dx.doi.org/10.33920/pol-2-2208-02.
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The article analyzes the provisions of the legislation and materials of judicial practice on the procedure for terminating an employment contract under paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation, due to a reduction in the number or staff of employees. Formulate recommendations for employees and employers.
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Krasauskas, Rytis, and Ingrida Mačernytė-Panomariovienė. "Internal Migration of Workers in the European Union: Legal Aspects of Lithuania’s Experience in Transposing the Posting of Workers Directive." Baltic Journal of Law & Politics 14, no. 1 (June 1, 2021): 153–80. http://dx.doi.org/10.2478/bjlp-2021-0007.
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Abstract Freedom to provide services and free movement of workers are linked to the processes of permanent intra-EU migration, which are regulated, inter alia, by the national legislation implementing PWD. Consequently, the posting of workers within EU is not only part of the work organization process, but also part of a wider phenomenon of internal migration of workers. Accordingly, posted workers are to be considered as internal labour migrants. The regulation of the posting of workers must consider the legitimate interest of Member States in protecting their markets from social dumping as well as ensure minimum guarantees for posted workers. These circumstances presuppose changes in the regulation of the posting of workers. This article identifies four stages in the transposition of PWD into Lithuanian national law that are causally related to changes in European legislation and Lithuanian labour law reform as of 2017. It presents the legal assessment of national legal regulation and case law, identifying the related legal problems. The article pays special attention to the legal regulation of the remuneration of a posted worker, established by PWD (Directive 96/71/EC of the European Parliament and of the Council on 16 December 1996 concerning the posting of workers in the framework of the provision of services (Official Journal (EU), 2004, no. L 18) [Directive 96/71/EC], with the amendments introduced by Directive 2014/67/EU of the European Parliament and of the Council from 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Revision 4 of the EU Posting of Workers Directive Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (Official Journal (EU), 2014, no. L 159) [Directive 2014/67/EU] and Directive 2018/957/EU of the European Parliament and of the Council on June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (Official Journal (EU), 2018, no. L 173) [Directive 2018/957/EU]). It also explains the impact on the regulation of employment relations for posted workers in Lithuania stemming from Directive 2019/1152 on transparent and predictable working conditions in the EU.
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Robinson, Shirleene. "Queensland Labor and Lesbian, Gay, Bisexual, Transgender, Intersex and Queer Policy." Queensland Review 18, no. 2 (2011): 207–15. http://dx.doi.org/10.1375/qr.18.2.207.
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Since the Australian Labor Party came to power in Queensland in 1989, social attitudes towards the lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) community have undergone significant change. In 1989, the decriminalisation of male-to-male homosexuality was the subject of intense debate, even within the ALP, which ultimately put forward the legislation. Today, policies have evolved considerably, with the Queensland ALP endorsing gay marriage and Anna Bligh, the current Queensland Labor Premier, releasing a YouTube video for the ‘It Gets Better’ campaign to give hope to LGBT youth experiencing harassment and perhaps contemplating suicide. During Labor's time in power, apart from the decriminalisation of male-to-male sexual activity, same-sex relationship laws have been reformed, altruistic surrogacy has been introduced and the presumption of lesbian parenthood has been extended. Some areas of LGBTIQ policy are still being contested, however, with debates surrounding civil unions, an equal age of consent and the existence of the ‘gay panic’ defence continuing. This article considers the progression and limits of these policies and areas of LGBTIQ reform that are still being disputed.
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(АА) Rust, Braam. "The preparation of the labor relations landscape of South Africa (1994-2008): an environmental perspective for sustainable development." Environmental Economics 8, no. 1 (April 12, 2017): 93–102. http://dx.doi.org/10.21511/ee.08(1).2017.10.
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This paper undertakes a review of the literature that examines the highlights and changes in specific external environmental factors (Ecology, Economy, Politics, Legislation and legal structures, and Society), between1994 and 2008 in South Africa, with the aim to ascertain how these factors affect the day-to-day labour relations in the workplace and add to sustainable development. These factors form the landscape for labour relations. Changes to them have consequences on the quality of labour relations, that is, inter alia, the frequency, and intensity of conflicts, disputes, demands and industrial actions. It is also evident that with its power and through the political system, the South African trade union was enhanced to shape the labour relations landscape. Labour laws were particularly designed to be worker friendly and to ensure that trade unions could use a fair collective bargaining system to spread the wealth of the mining industry, agriculture and other industries more evenly. Also, because of the alliance that exists between Labour and the ruling party (ANC), the economy was influenced so that economic policies could to a certain extent guide and steer economic growth, unemployment, inflation, interest rates and exchange rates. Trade unions were instruments in ensuring that formal changes in laws and policies did, in fact, reach and positively impact families and households within the social environment. Lastly, trade unions were the most effective instrument for heralding change within South Africa in the environmental fields of ecology, economy, politics, legislation and legal structures, as well as within society. Furthermore, these fields have interchangeably affected the labour relations landscape thereby indelibly shaping it between 1994 and 2008.
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Kuznetsov, V. V., О. М. Sharmar, and М. О. Akimov. "Evolution of Ukranian legislation on criminal responsibility." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 265–69. http://dx.doi.org/10.24144/2788-6018.2022.01.49.
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This article is concerning on peculiarities of evolution of Ukrainian criminal legislation at all stages of its development through complex analysis of its sources and historical periodization based on the principles of scientificity, historicism, objectivity etc., as well as the use of special historical, source-based, comparative methods and hermeneutics. The effectiveness of enforcement of criminal legislation, the consistent of the latter with the provisions of international legal acts requires a comprehensive scientific research, in particular thorough study of certain historical aspects. Such study will provide the background for future revision and improvement of the provisions of current criminal legislation. Key legal acts that emerged during the criminal legislation evolution (including customary law, “Rus’ka Pravda” (legal statute of Kyivan Rus), Lithuanian Statutes, hetman laws, Sachsenspiegel, Magdeburg Law, Laws to be used in courts by people of Little Rus, Lawbook of criminal and corrective penalties, Criminal Lawbook, “Guiding Principles on Criminal Law of Russian Socialist Federal Republic”, Criminal Code of the Ukrainian Soviet Socialist Republic and Criminal Code of Ukraine) have been studied. As a result the determination of key stages of criminal legislation development driven by socio-political and economic changes in the process of Ukrainian statehood establishment has been envisaged. The following periods of evolution of domestic legislation on criminal responsibility have been distinguished: 1) ducal period (9th – mid 14th centuries); 2) inclusion of Ukrainian lands into the Grand Duchy of Lithuania, Polish and Hungarian kingdoms and the Polish-Lithuanian Commonwealth (mid-14th – mid-17th centuries); 3) Zaporozhian Sich and Ukrainian Hetman State (mid-17th – end of 18th centuries) 4) accession of Ukraine into the Russian, Austrian and Austro-Hungarian Empires (end of 18th – beginning of 20th century); 5) Ukrainian Revolution and the restoration of Ukrainian state (1917-1921); 6) establishment and existence of Ukrainian Soviet Socialist Republic (1919-1991); 7) independent Ukraine (since 1991-2020).
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Lushnikov, Andrey M., Alexandr A. Karpov, and Dmitry A. Smirnov. "On some aspects of the fight against mobbing: problems of rulemaking and judicial practice." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 16, no. 4 (December 14, 2022): 624. http://dx.doi.org/10.18255/1996-5648-2022-4-624-633.
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The article is devoted to the analysis of the problem of combating mobbing. The article substantiates that mobbing is not just an interdisciplinary concept, but also quite thoroughly rooted in common sense. Second, the everyday understanding of mobbing is clearly manifested in the claims of employees against employers, which were analyzed in the article. It was concluded that a request for a legislative ban on mobbing and its delineation was already quite ripe in society. The authors proposed a definition of mobbing, which they propose to include in the Labor Code of the Russian Federation. Also, the authors analyzed the current capabilities of employees in the fight against vertical mobbing (bossing). In particular, attention was paid to the provision of Art. 195 of the Labor Code of the Russian Federation, which gives the right to the representative body of employees to demand that the head of the organization be brought to disciplinary responsibility up to dismissal. The grounds for dismissal, which can be applied to the manager in the event of a boss, are analyzed. It was concluded that without a legislative ban on mobbing, bringing the head of the organization to justice is quite difficult. Also, by-laws, which mention mobbing, in the field of education, were analyzed. It was concluded that the state and local governments are making certain efforts to combat mobbing, but these efforts are aimed at mobbing in relations between students. As for the fight against mobbing of teachers in relation to students and each other, the authors identified 3 grounds for dismissal, according to which, according to the current legislation and judicial practice, a teacher can be dismissed.
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Premuda-Conti, Paola, and Heber da Cunha. "Vocational Rehabilitation Services in Uruguay: A Rehabilitation Counseling Perspective." Journal of Applied Rehabilitation Counseling 45, no. 2 (June 1, 2014): 18–25. http://dx.doi.org/10.1891/0047-2220.45.2.18.
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Provisions to promote work for Uruguayans with disabilities have been included in many Uruguayan national laws (e.g., Law 16095, Law 18651), however, their participation in the labor force remains low. This paper introduces current demographic data on people with disabilities, as well as key aspects of Uruguayan society, such as prevalent attitudes towards people with disabilities. In addition, a brief overview of social security benefits and disability services is presented, followed by a description of current policy and major pieces of legislation that affect employment of people with disabilities in that country. Finally, selected public and private initiatives to foster employment opportunities for Uruguayans with disabilities, such as the Work Training program for people with disabilities (Programa de Capacitaciόn Laboral para personas con discapacidad or PROCLADIS) and the Target Employment program (“Objetivo Empleo), are presented in detail and discussed. Implications for rehabilitation counselors and practitioners are provided. The pursuit of full employment for people with disabilities remains a challenge in Uruguay, however, recent policy initiatives are auspicious.
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Botvina, Natalia. "INTEGRATION OF DOMESTIC BANKS IN THE WORLD FINANCIAL SYSTEM." Economic Analysis, no. 30(3) (2020): 56–62. http://dx.doi.org/10.35774/econa2020.03.056.
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The article reveals the integration of domestic banks into the global financial system. An urgent issue today is the integration of the activities of domestic commercial banks into the global financial system, which is characterized by globalization processes. Globalization is a process of global economic, political and cultural integration, the main characteristics of which are the world division of labor, global migration of monetary, human and productive resources, standardization of legislation, economic and technological processes, as well as the convergence of cultures of different countries. The economic aspects of globalization are characterized by free trade, free movement of capital, reduction of taxes on the profits of enterprises, ease of movement of industries between different states in order to reduce the costs of labor and natural resources.
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Maula, Bani Syarif. "POLITIK HUKUM DAN UPAYA POSITIVISASI HUKUM ISLAM DI INDONESIA: STUDI TENTANG KONFLIK HUKUM DALAM UNDANG-UNDANG PERKAWINAN DAN UNDANG-UNDANG PERADILAN AGAMA." Jurnal Penelitian Agama 16, no. 1 (April 13, 2015): 29–49. http://dx.doi.org/10.24090/jpa.v16i1.2015.pp29-49.
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Abstract: The politics of law that ignore the aspirations of society has led to inconsistency in the application of the law because of the differences between the will of the people with the legislation. This study specifically examines the political law in terms of the application of Islamic law in Indonesia which is envisaged in Law No. 1/1974 on Marmage and the Law 7/1989 on Religious Courts (and its amendment Law No. 3/2006). The political situation that characterizes the formation of the Marriage Law and the Law on Religious Courts clearly show trends and policy direction of the state law. It can be seen from the political aspects of the legal establishment, the political aspects of the content of the law (principles and the rule of law), and political aspects of law enforcement. These three aspects have made Islamic law practiced by the Indonesian Muslim community (the living laws) in conflict with formal legal rules defined by the state. The conclusion from this study is that the legal provisions in the Mariage Law that conflict, namely: Article 2 paragraph (1), Article 7 (1), Article 31 paragraph (3) and Article 34 paragraph (1) and (2), as well as Article 42 and 43 paragraph (1). While the legal provisions in the Law on Religious Courts where a conflict is Article 50 of Law No. 7/1989 and Article 50 paragraph (1) and (2) of Law No. 3/2006 (amendment of the same article of the Law No. 7/1989)
Keywords: Politics, Law, Conflict of Laws, Islamic Law, Marriage Law, the Law on Religious Courts
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URAZYMBETOV, Bauyrzhan. "Transformation of migration processes within Eurasian economic union: challenges and new opportunities." Public Administration and Civil Service, no. 3 (September 28, 2020): 76–86. http://dx.doi.org/10.52123/1994-2370-2020-74-3-76-86.
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This paper examines the transformation of the migration process within the Eurasian Economic Union, taking into account legislative, statistical and managerial aspects. The study showed that, despite the positive development trends, the continuing imbalance within both economic and political indicators remains a serious internal challenge for the EEU. Thus, the task of Eurasian integration is the effective economic development of the Union countries and increasing their competitiveness. It also is necessary to take effective measures aimed at unifying the migration legislation of the participating countries and creating a single labor market.
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JAMEEL, ANAS, and Waseem Ahmed. "Sustainable Development Goals and India’s Commitment to Gender Justice." Society & Sustainability 3, no. 2 (January 7, 2022): 68–86. http://dx.doi.org/10.38157/societysustainability.v3i2.347.
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Sustainable Development Goals are a set of seventeen interconnected objectives to achieve a sustainable future for all. They take a holistic and multidimensional approach to development to alter our planet by addressing humanity's many difficulties. It is an essential component of all aspects of inclusive and long-term growth. Women need to have equal rights and opportunities and live without fear of prejudice or violence. Goal five expressly mentions gender equality as one of the SDGs. Discriminatory laws must be changed and legislation enacted to advance equality proactively to achieve the goals. Gender-based violence is a top priority for governments all across the world. India is dedicated to promoting equality for all of its residents. The Indian Constitution's Preamble, Fundamental Rights, and State Policy Directive Principles express a strong commitment to gender equality. Also, India is the signatory of UN Conventions like CEDAW, where its pledge towards gender justice is evident. Furthermore, India has incorporated various domestic laws in pursuance of its responsibility towards Gender Justice. However, in India, Discrimination against women remains a profound issue despite reforms in various laws and different policies. Several concerns like female labor force participation, crimes against women, education among women, and discrimination are evident. This paper mainly throws light on the status of Gender Justice in India. It will help the stakeholders working on SDGs and Gender justice in policy development. It will highlight the gains and gaps that India has so far accomplished and encountered.
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MOURAD, Mahmoud, and Rim FARHAT. "Women's Civil and Political Rights in Lebanon and France and Their Impact on Economic Growth." Journal of Public Administration and Governance 10, no. 1 (February 18, 2020): 132. http://dx.doi.org/10.5296/jpag.v10i1.16489.
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This study carried out a quantitative analysis of several variables in both Lebanon and France. Specific aspects related to education, unemployment, vulnerable employment, gender gap, and participation in parliamentary life were studied. We started from the rationale that human rights necessitate that human beings so it is imperative that each individual enjoy civil and political rights, which means in addition to the right to life and the right equality, there should be the right to the legal recognition and participation in public life whether through employment or elections. These rights have been recognized by the international human rights laws, mainly in the Universal Declaration of Human Rights by United Nations and by the existing local laws both in Lebanon and France.The tests of homogeneity for the panel data models from Lebanon and France have been implemented carefully considering the linear relationship between the real GDP as a dependent variable and three of the independent variables consisting of the rate of women teachers in the secondary education , the rate of female to male ratio in labor force participation , the rate of women’s vulnerability to risks in the female labor force . The study demonstrated the importance of the Random Effects Model (REM) using the the log-transformed data. The study revealed a positive impact of both and on the real GDP while the variable has a negative impact both in Lebanon and France during the period (2008-2017).
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Foksa-Biegaj, Agata Julia. "Jordanian Discriminatory Laws Concerning Women. The Dichotomy of Strive for Progression versus Tradition." Muslim World Journal of Human Rights 15, no. 1 (December 19, 2018): 99–123. http://dx.doi.org/10.1515/mwjhr-2017-0022.
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Abstract The primary aim of this article is to illustrate the dichotomy of Jordan as a progressive country, perhaps best exemplified through the engagement of the royal family in human rights matters, versus the traditional approach, sanctioning the discriminatory laws concerning women. This paper further attempts to demonstrate that Jordan is balancing between the conservative tribal interests, by pertaining to the Arab and Islamic tradition on the one hand, and the need for democratisation and further human rights development on the other. It is important to note, that discriminatory laws concerning women are not the only examples illustrating this peculiar mechanism, however, they constitute the most vivid one. The author further submits that many authors, as well as international bodies such as CEDAW and the Human Rights Committee, fail to understand the dynamics and complexity of the human rights situation in Jordan. Hence, these authors and authorities’ recommendations are often misguided, as they focus mostly on amending the discriminatory legislation. This article briefly discusses cultural relativism aspects and suggests that actual progress can be achieved by developing a unique language of human rights related to the Arab culture, for instance through the newly established Jordanian Constitutional Court.