Relevant bibliographies by topics / Protection of labour rights

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Protection of labour rights'

Author: Grafiati
Published: 30 May 2022
Last updated: 31 May 2022

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Journal articles on the topic "Protection of labour rights"

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Pohorielova, O. "THE PROTECTION OF OWNERS' CORPORATE RIGHTS AND EMPLOYEES' LABOUR RIGHTS: JUDICIAL PRACTICE ANALYSIS." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 111 (2019): 49–55. http://dx.doi.org/10.17721/1728-2195/2019/4.111-10.

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The article is devoted to the issue on protecting the employees' labour rights in case of an employment dispute, which is considered regarding corporate rights of company owners. The article emphasizes that during work employees are bearing more and more rights and obligations that are realized in different types of relationships. It is also stated that in case of disputes arising from employment relations, courts need to take into ac- count basic factors of labour law. The purpose of this article is to develop proposals for to improving the mechanism of for the protection of emplyees' labour rights. In order to achieve this goal, the author analyses judicial practice regarding the protection of employees' labour rights in disputes related to business entities' functioning, as well as it reveals the contractual nature of labour relations and formulates the proposals on creation of legal conditions for the pro- tection of employees' labour rights. The subject of the study is the judicial protection of company owners' corporate rights and the labour rights of employees. The object of the study is the protective legal relations that arise in the process of resolving labour disputes by the courts of Ukraine. The deductive method used in the work made it possible has allowed the author to substantiate the need for a clear distinction between labour and corporate rightslaw, consider- ing labour disputes and as well as the necessity to take into account the specifics of the method of legal regulation in labour law, in particular the contractual nature of the entrenching of on rights and obligations. The method of induction has revealed the theoretical and practical problems of the distinction between corporate and labour rights. The theo- retical and prognostic method has been used to substantiate the proposals for the improvement of labour legislation to protect the labour rights of employees. Categories and methods of formal logic have been widely used in the work: concepts, definitions, proofs, judgments, analysis, synthe- sis, analogy, comparison, generalizations, etc. The paper focuses on the judicial bodies' powers on the necessity to allocate the specialization of judges for the consideration of labor cases. Based on the case law analysis, the improvement of the national labour legislation on wrongful dismissal is proposed. In fact, every court case in which labour disputes are settled has its own peculiarities and specifics, which in its turn requires the specialization of judges who have to consider labour disputes. It is the specialization of judges in Ukraine that will provide an opportunity not only to guarantee the emploees' labour rights, but to practically improve the mechanism for the protection of employees' labour rights enshrined in collective and employmentagreements.
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Tyc, Aneta. "Migrant Domestic Workers in Europe: the Need for a Better Protection." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 7 (December 15, 2017): 141–57. http://dx.doi.org/10.14746/ppuam.2017.7.09.

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Migrant domestic workers are estimated at approximately 11.5 million persons worldwide. European women are being replaced in their household chores by immigrant women, e.g. from Africa, Asia and Eastern Europe. The paper focuses on human labour rights of domestic migrant workers, especially from the point of view of the typology which divides international standards concerning labour as a matter of human rights into four groups: rights relating to employment (eg. the prohibition of slavery and forced labour); rights deriving from employment (eg. the right to social security, the right to just and favourable conditions of work); rights concerning equal treatment and nondiscrimination, and instrumental rights (eg. the right to organise, the right to strike). The aim of this paper is to reveal insufficient effectiveness of human labour rights according to the above-mentioned typology. Thus, the author will concentrate on the issues of modern slavery, hyper-precarity and discrimination.
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Lagutina, I. V. "ELECTRONIC LABOUR BOOKS AND DATA PROTECTION." Наукові праці Національного університету “Одеська юридична академія” 28, no. 29 (January 26, 2022): 129–35. http://dx.doi.org/10.32837/npnuola.v28i29.725.

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Lagutina I. V. Electronic labour book and data protection. – Article. The article considers the protection of personal data as a modern and active law that provides a system of checks and balances to protect the individual if his personal data is processed. Data processing must meet the basic requirements of personal data protection, namely independent control and respect for the rights of the personal data subject. The development of legislation on personal data protection has been marked by a significant expansion of the rights of their subjects and the legal regulation of all transactions with information from collection to destruction. With the adoption of the Law of Ukraine “On Personal Data Protection” of June 1, 2010, a regulatory framework for the protection of personal data in national legal practice was created. It is emphasized that the right to protection of personal data is not absolute; it may be restricted as necessary to satisfy the general interest or to protect the rights and freedoms of others. The right to data protection is often interlinked with other rights, such as freedom of expression and the right to receive and impart information. Any type of information can be personal data, provided that the information relates to an identified person or a person who can be identified. Personal data are processed legally if they meet one of the following criteria: processing is carried out with the consent of the personal data subject; data processing is required by contractual relationship; data processing is necessary for the controller to comply with a legal obligation; data processing is required to comply with the vital interests of personal data subjects or others; data processing is necessary to perform the task in the public interest; the legitimate interests of the controllers or other persons are the basis for processing, but only if they are not outweighed by the interests or fundamental rights of the data subjects. It is necessary to develop a sectoral mechanism for the protection of personal data of employees under labour legislation of Ukraine, as the Law of Ukraine “On Personal Data Protection” does not take into account the peculiarities of personal data protection of employees as subjects of labour relations.
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agutina, Iryna. "Supervision and control over observance of labour legislation by state labour service of Ukraine." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 12(24) (December 9, 2021): 140–46. http://dx.doi.org/10.33098/2078-6670.2021.121.24.140-146.

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The purpose of the article is to investigate the role of state supervision and control over compliance with labour legislation in ensuring decent work. Methodology. The research is based on the analysis and generalization of the available practical, scientific and theoretical material and the formation of relevant conclusions. The following methods of scientific cognition were used in the research: logical-semantic, system-structural, terminological, system-functional, structural-logical, normative-dogmatic, method of generalization. Results. It is established that the effectiveness of supervision and control over compliance with labour legislation is ensured by many factors: regularity, the right choice of goal, the actual elimination of violations, the presence of clear legal regulations for control and supervision. Scientific novelty. It is established that supervision and control over observance of labour legislation is an important and necessary form of protection of labour rights, freedoms and legitimate interests of employees. With the help of this form of protection of labour rights and legitimate interests of employees, the following tasks are solved: ensuring strict implementation of regulations in the field of labour; achieving the quality of implementation of decisions; timely taking measures to eliminate identified violations; identifying positive experiences and putting them into practice. The practical significance lies in the possibility of using materials in law enforcement activities - to improve the practice of applying current legislation in the field of labor rights; educational process - in the teaching of disciplines: "Labour Law of Ukraine", "Employment Protection", "Labour Rights Protection in European Union Countries".
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Thornton, Liam. "Clashing Interpretations of EU Rights in Domestic Courts." European Public Law 26, Issue 2 (June 1, 2020): 243–64. http://dx.doi.org/10.54648/euro2020043.

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This article examines Ireland’s implementation of the right to work for protection applicants, post Ireland’s opt-in to the EU Reception Conditions Directive Recast (RCDr) in 2018. Ireland sought to exclude persons potentially subject to Dublin Regulation transfers from accessing the labour market. Competing legal interpretations on this issue, now exist in Ireland, between the International Protection Appeals Tribunal (IPAT) and the High Court. Engaging in an analysis of the legislative intent and emerging domestic case-law, it is argued that Ireland’s wholescale exclusion of persons potentially subject to a Dublin transfer from the labour market is not permitted under EU law. With this ultimately to be decided by the Court of Justice, it is argued that the legal interpretation of IPAT, which would grant protection applicants within the Dublin transfer process an entitlement to enter the labour market, is to be preferred to the interpretation of the RCDr proffered by the Irish High Court. The focus of the High Court on ‘abuse of rights’ obfuscated key legal protections EU law provides to protection applicants. International protection, Common European Asylum System, Dublin III Regulation, Reception Conditions Directive (recast), Labour Market, Abuse of Rights.
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Susanto, Eko Adi. "Labour Rights Protection in Industrial Relations Issues." Rechtsidee 2, no. 2 (December 1, 2015): 109. http://dx.doi.org/10.21070/jihr.v2i2.78.

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Many violations of the terms of employment at Surabaya, employment protection and working conditions for workers who are not provided by employers to the maximum, according to the legislation in force, while the legal protection for workers constrained because of the weakness in the system of employment law, both the substance and the culture built by governments and companies. How To Cite: Susanto, E. (2015). Labour Rights Protection in Industrial Relations Issues. Rechtsidee, 2(2), 109-120. doi:http://dx.doi.org/10.21070/jihr.v2i2.78
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Bagari, Sara, and Maria Sagmeister. "Economic dependence and parental protection: A comparative analysis of Austrian and Slovenian labour and social security rights of economically dependent self-employed parents." European Labour Law Journal 13, no. 1 (December 23, 2021): 86–107. http://dx.doi.org/10.1177/20319525211060362.

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Taking parental protection rights as a clear-cut field of study, this article argues that there are significant protection gaps in the social rights and employment protection of the economically dependent self-employed. Their exclusion from employment protection can be justified as far as the protective purpose is tied to the personal subordination of the employee relationship. However, certain vulnerabilities arise not from personal, but from economic dependency, whereas the changing labour market and the growing area of precarious self-employment must be considered. Comparing the rights of working parents in Slovenia and Austria, we distinguish between employees and economically dependent self-employed persons in this specific area and point to challenges for the wider field of labour and social rights. The purposes of parental protection rights are diverse; they include health protection, guarantee social security and serve equal treatment purposes. Therefore, they represent an ideal field to discuss arguments regarding the inclusion or exclusion of the economically dependent self-employed into different protective frameworks.
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Микрина, Валентина, Valentina Mikrina, Дамир Бекяшев, and Damir Bekyashev. "International Legal Protection of Labour Rights of People with Disabilities." Advances in Law Studies 6, no. 2 (September 20, 2018): 16–20. http://dx.doi.org/10.29039/article_5b8d94e8bdfe11.35389625.

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Restriction or lack of capacity to be engaged in labour activities must not become an encumbrance for efficient employment of people with disabilities. International legal protection of such a vulnerable group should be based on the principles of complete equality of rights and full participation in the life of society. The article deals with the international legal mechanisms of labour rights protection of people with disabilities under the acts passed by the UN and ILO. Ensuring due legal protection of labour rights of people with disabilities in the world of work will facilitate their realization of the right to decent work, which is the main goal of the regulatory activity of the ILO.
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Kashlakova, A. S. "Burden of proof in a labour dispute." Voprosy trudovogo prava (Labor law issues), no. 6 (June 30, 2021): 470–75. http://dx.doi.org/10.33920/pol-2-2106-07.

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The actual implementation of labor rights is possible if there are working mechanisms for the protection of violated rights in the legislation. The effectiveness of such protection depends, inter alia, on the procedural rules that secure the position of the disputing parties, their rights, obligations, and the rules for the distribution of the burden of proof. In this paper, we will focus on the norms that enshrine the rules for distributing the burden of proof of circumstances that are important for resolving a labor dispute. English version of the article is available at URL: https://panor.ru/articles/burden-of-proof-in-a-labour-dispute/71251.html
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Ahl, Björn, Pilar-Paz Czoske, and Cui Xu. "Labour rights protection of foreign employees in China." Asia Pacific Law Review 28, no. 1 (January 2, 2020): 122–37. http://dx.doi.org/10.1080/10192557.2020.1786264.

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Dissertations / Theses on the topic "Protection of labour rights"

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Louw, Danielle. "Investigating South Africa's protection of refugee womxn: Refugee womxn's access to housing, inclusion into the labour market and protection from gender-based violence." Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/32774.

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This paper investigates the integration experience of refugee womxn in South Africa. It focuses on the areas of access to housing, employment and protection from gender-based violence. Through a human rights approach, influenced by intersectional feminist theory, it analyses the international normative and South African domestic framework and discusses its gaps and challenges. Thereafter, an overview of the experience of refugee womxn's access to housing, employment and protection from gender-based violence internationally and in South Africa is presented. Lastly, recommendations are made to the South African state suggesting reform in law, policy and practice.
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Prinsloo, Monique Francis. "Protection of pregnant employees in the South African workplace : a labour law perspective." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5147.

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Magister Legum - LLM
The Constitution of South Africa lists pregnancy as a prohibited ground for discrimination. The South African labour law regime likewise makes provision for the protection of women and pregnant employees in the workplace. This protection is against less favourable treatment, through measures that prohibits dismissal and discrimination based on pregnancy. In defiance of these laws, the recent trend indicates that the less favourable treatment of women and pregnant employees in the South African workplace environment has become more prevalent and this has become a contentious issue. Thus, this study will firstly, in view of relevant constitutional guarantees, focus on labour legalisation (and where relevant, related legislation outside the labour law arena) that has been enacted to provide for the protection of pregnant women in the workplace. Secondly, this study will demonstrate that despite these provisions that affords for formal protection of pregnant women in the workplace, practically many pregnant women continue to be treated unjustly because of their pregnancies or reasons related thereto. It is therefore clear that there is a setback with regard to the practical implementation of the laws protecting pregnant employees. Finally, this study will clearly highlight that measures need to be established where the law protects pregnant employees in the workplace, so that these laws serve its purpose and that they are implemented in the correct manner that it is intended to serve. This will be done through tabling recommendations concerning how labour law should be implemented so that the employment rights of women and pregnant employees are comprehensively protected.
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Gondiwe, Sokolani Bongororo John. "The legal protection of people with disabilities in South African Labour Law." Thesis, University of Limopopo (Turfloop Campus), 2010. http://hdl.handle.net/10386/511.

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Bodson, Thibaud [Verfasser]. "Economic Globalisation and States’ Regulatory Space : The Protection of Labour Rights in EU Free Trade Agreements / Thibaud Bodson." Berlin : Freie Universität Berlin, 2021. http://d-nb.info/1226154565/34.

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Lemire, Louis. "Protection of trade union freedom of association under the International Labour Organisation and under the Canadian Charter of Rights and Freedoms." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/6018.

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Craig, John D. R. "Legal principles for the protection of the right of privacy in the workplace." Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.286833.

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Cholewinski, Ryszard. "Migrant workers in international human rights law : their protection in countries of employment /." Oxford : Clarendon Press, 1997. http://www.gbv.de/dms/spk/sbb/recht/toc/279985177.pdf.

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King, William Jude. "The implications of canon 1286 for the canonical protection of employee rights in Pennsylvania." Theological Research Exchange Network (TREN), 1989. http://www.tren.com.

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Almutairi, Abdullah Moied S. "Protecting the rights of temporary foreign 'low-skilled' workers in the Saudi construction industry : a case for legal reform." Thesis, Brunel University, 2017. http://bura.brunel.ac.uk/handle/2438/14845.

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This thesis is a socio-legal study of the employment conditions of temporary foreign workers (TFWs) in the Saudi Arabian labour market in general and the construction sector in particular, with emphasis on low-skilled TFWs. This thesis adopts a socio-legal approach to the human rights situation of low-skilled TFWs working in the Saudi construction sector. By using migration theories, a human rights-based approach and Islamic perspectives on labour rights, the study questions the efficacy of Saudi domestic law in providing protection to low-skilled foreign workers in the construction sector. This is done by examining the current labour admission policies and the structure of the regulatory framework, including the ‘kafala’ system, recruitment procedures, employment law, working conditions, occupational safety and health hazards and access to the justice system. Grounded theory methodology is followed, with empirical data collection using semi-structured interviewing techniques in two major Saudi cities, Riyadh and Makkah. The data collected from the fieldwork provides the basis for understanding the current situation of low-skilled TFWs, by listening to their experiences. The thesis finds a link between the legal status of temporary foreign workers and the work visa system, which leads to a continuation of exploitation, mistreatment, discrimination, forced labour and the servitude of foreign labour in Saudi Arabia.
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Gómez-Lugo, Fanny. "The protection of fundamental rights at work : a study of Venezuela and the Andean Community." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99138.

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The adoption of a new constitution, the changes in legislation, and the well-known shift in policies and State practices introduced by the Chavez administration, are some of the factors that persuaded me to examine not only the legal protection but the actual exercise of internationally recognized core labour standards in Venezuela, notably freedom of association and the right to collective bargaining, the elimination of forced labour, the abolition of child labour and the elimination of discrimination at work.
Given the structure and nature of the ILO, its mechanisms of enforcement are limited. Despite the successful ILO objective of promoting compliance with workers' rights, certain Member States like the Government of Venezuela, continue to violate labour rights. This situation requires the search for alternatives.
The idea that inspired this paper was an attempt to look for alternatives in regionalism. The hypothesis is that a sub-regional approach through the Andean Community, comprising Andean countries, offers a more effective means to protect labour rights in Venezuela than an international approach through the ILO. However, the solution points more to a joint international-regional approach to better ensure workers' rights in Venezuela and the Andean region.
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Books on the topic "Protection of labour rights"

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Kituo cha Sheria na Haki za Binadamu (Tanzania). Human rights & business in Tanzania: Stock taking of labour rights, land rights, environmental justice, and consumers' rights protection. Dar es Salaam: LHRC, 2012.

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Pearson, Elaine. Human traffic, human rights: Redefining victim protection. London: Anti-Slavery International, 2002.

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The protection of migrant workers' human rights. Szeged: Szegedi Tudományegyetem Allám- és Jogtudományi Karának tudományos bizottsága, 2006.

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The protection of working relationships: A comparative study. Alphen aan den Rijn: Wolters Kluwer Law & Business, 2011.

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Finkin, Matthew W. Legal protection for the individual employee. 2nd ed. St. Paul, Minn: West Pub. Co., 1996.

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L, Goldman Alvin, and Summers Clyde W, eds. Legal protection for the individual employee. St. Paul, Minn: West Pub. Co., 1989.

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Ghosh, Bimal. Elusive protection, uncertain lands: Migrants' access to human rights. Geneva, Switzerland: International Organization for Migration, 2003.

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Your rights in the workplace: An employee guide to legal protection. 2nd ed. Hawthorne, NJ: Career Press, 1994.

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Strohm, Richard L. Your rights in the workplace: An employee's guide to legal protection. Philadelphia: Chelsea House Publishers, 1997.

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Thailand. Labour Protection Act, B.E. 2541 (A.D. 1998): With royal decree, ministerial regulations, and selected notifications. 2nd ed. Bangkok, Thailand: Nititham Pub. House, 1999.

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Book chapters on the topic "Protection of labour rights"

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López-Arranz, Asunción. "Protection of Labor Rights." In Encyclopedia of the UN Sustainable Development Goals, 1–9. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-71058-7_17-1.

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López-Arranz, Asunción. "Protection of Labor Rights." In Encyclopedia of the UN Sustainable Development Goals, 795–803. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-319-95867-5_17.

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Chen, Yifeng. "ILO, Extraterritoriality and Labour Protection in Republican Shanghai." In Fundamental Labour Rights in China - Legal Implementation and Cultural Logic, 83–116. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-23156-3_4.

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Azeem, Muhammad. "The KiK Case: A Critical Perspective from the South." In Interdisciplinary Studies in Human Rights, 279–98. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-73835-8_14.

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AbstractLabour in Global South countries often has meagre social security protections and almost no representation in domestic legislatures. To address this deficit, labour law’s clear orientation towards “distributive justice” and emphasis on constitutionally protected freedom of association and collective bargaining rights have been core values for workers and labour movements in the South. Over the course of the last century, labour law has increasingly sought to assure “distributive justice” by departing from the confines of “corrective justice” and the slippery “ethical” basis of private law in both civil and common law systems. This chapter asks how both multinational corporations’ (MNCs) recent turn toward the use of codes of conduct in regards to labour and working conditions (labour codes) and, correspondingly, activists’ increasing reliance on the private law doctrines of tort and damages to resolve labour disputes, dilutes labour law’s focus on “distributive justice.” What problems and challenges do these shifts cause for labour law practice and theory? Taking the KiK case as an example, this chapter applies a critical legal perspective to address these questions.
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Lansdown, Gerison. "Article 32: The Right to Protection from Economic Exploitation and Hazardous Activities." In Monitoring State Compliance with the UN Convention on the Rights of the Child, 327–37. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-84647-3_33.

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Abstract‘Governments should advertise more about children rights as well as make regular check-ups on homes and workplaces to ensure children are not doing child labour or unfairly paid.’ (Latin America/Caribbean).
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Speziale, Valerio. "Il ‘diritto dei valori’. La tirannia dei valori economici e il lavoro nella Costituzione e nelle fonti europee." In Studi e saggi, 125–63. Florence: Firenze University Press, 2022. http://dx.doi.org/10.36253/978-88-5518-484-7.09.

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After analysing the different meanings of the term «value» and the passage from juridical positivism to «the right of values» (described in its essential characteristics), the essay points out the constitutional principles of labour in the Italian Constitution and in the European legal sources. The evolution of the legislation enacted in the last few years (mainly since the last decade of the twentieth century) shows that Labour Law has been functionalized to reaching economic targets, creating a «tyranny of values», according to Carl Schmitt’s theory. However, the supremacy of economic values which has influenced the legislation is in contrast with the principles of Labour protection established in the Constitution, in the European legal sources and in the Charts of fundamental rights. Such principles, in the light of the rules of interpretation of these legal texts, impose different legal disciplines. They are also based on the interpretations of the Constitutional Court which define labour as a fundamental right of man and require a «personalistic» rather than a «mercantile» vision of Labour Law protection. Also the European legal sources protect labour to a similar extent to the Italian Constitution, with specific reference to the European Social Chart. However if, as expressed by some decisions of the Court of Justice, we should sustain that the law of the European Union does not express the same «idea of work» as our Constitution, this situation would not justify the prevalence of the economic dimension of labour. In fact, the Italian Constitutional Court has recently stated that the principles established by the European legislation must be «harmonized and balanced» with those contained in the Constitution, in order to ensure «the highest protection of rights at a systemic level» (judgement no. 269/2017). Such harmonization does not allow economic values to prevail over some es- sential labour characteristics (such as dignity, freedom of expression, safety, equal conditions of labour and remuneration, etc.) with which the human personality is formed.
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Arkadas-Thibert, Adem. "Article 36: The Right to Protection from Other Forms of Exploitation." In Monitoring State Compliance with the UN Convention on the Rights of the Child, 349–54. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-84647-3_35.

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Abstract‘There should be awareness raising and campaigns through different mediums such as radio, TV, newspapers, forums and blogging on trafficking, abductions, child labour, child marriage and all forms of violation and discrimination against children and youths.’ (Africa).
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Bjerre, Liv, Michelle Pace, and Somdeep Sen. "Accessing the Danish Labour Market: On the Coexistence of Legal Barriers and Enabling Factors." In IMISCOE Research Series, 135–48. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-67284-3_7.

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AbstractHistorically, Denmark was a “first-mover” as a signatory to liberal international humanitarian laws and conventions, especially with regard to refugees. Yet, in recent years Denmark has cherished the role of a different kind of “first mover” – namely as hardliner when it comes to immigration policies. This is evident in the existent political discourse and restrictive immigration policies personified not least in the number of times Denmark has altered (and tightened) immigration regulations. Yet, we demonstrate that, while “barriers” exist in terms of entering Denmark, the Danish labour market structure is such that it ends up facilitating refugees’ integration and legally protecting their labour rights. To be sure, this protection is a way of guaranteeing the rights of Danish workers who would adversely be affected by the proliferation of an unregulated labour market where refugees are compelled to work under worse legal and economic conditions. However, the Danish case ends up being one where, counterintuitively, legal barriers (to entering the labour market) coexist alongside enabling factors (legal guarantees) of refugees’ rights.
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Lui Gallassi, Ada, and Lars Harrysson. "Sidestepping Rights: An Analysis of the Intersection of Human Rights Obligations and Their Practical Implications for Older Migrants." In International Perspectives on Aging, 275–86. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-51406-8_21.

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AbstractThis chapter concerns human rights, and its international legal setting in relation to migration and older age, and its implications for experiences of civic exclusion. There is a lack of scientific literature exploring the labour status of migrants, the relationship between labour experiences and civic and socio-cultural exclusionary processes, and the implications for socio-economic exclusion outcomes. The principles of equality and non-discrimination enshrined in several international human rights legal instruments will be presented within an international mobility perspective to assess whether the protection mechanisms of human and labour rights are in line with the migratory phenomenon brought by globalization. In this context, the chapter’s focus will be on the rights to work and social security as two main human rights provisions to circumvent mechanisms of civic exclusion, and secure better socio-economic outcomes for older migrants. A case derived from a research project concerning migrants and pensions in a Swedish municipality will provide an illustrative example of some of the principal dilemmas illuminated in the intersection of generalized rights and practical outcomes.
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Liukkunen, Ulla. "The ILO and Transformation of Labour Law." In International Labour Organization and Global Social Governance, 17–49. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-55400-2_2.

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Abstract The article explores some of the biggest challenges to the ILO caused by globalization and altering of the collective labour rights scene. It examines the recent transformation of collective bargaining regimes at national and transnational level and the consequences for normativities that characterize the relationship between labour law and the system of international labour standards. Domestic bargaining regimes are influenced by decentralization whereas in a transnational setting, with the phenomena of contractual arrangements between multinational enterprises and trade unions or other employee representatives, transnational collectivization of labour law is occurring. The process of transnationalization of labour law affects the traditional labour law paradigm with profound consequences for our understanding of the purpose and role of labour law. The transformation of labour law highlights regulatory developments that require reinforcement of the role of fundamental labour rights. Building a perspective on major global challenges to the ILO at the beginning of its second centenary requires an assessment of the labour question in terms of flexibility and vulnerabilities. This raises the question of inclusivity, calling for the ILO decent work agenda, employment creation, social protection, rights at work and social dialogue, all to be more firmly integrated in global regulatory approaches to work.
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Conference papers on the topic "Protection of labour rights"

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Chen, Yirui, and Xinran Lao. "Research on the Responsibility of Labour Rights Protection of MNEs." In 2021 4th International Conference on Humanities Education and Social Sciences (ICHESS 2021). Paris, France: Atlantis Press, 2022. http://dx.doi.org/10.2991/assehr.k.211220.463.

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Haykır Hobikoğlu, Elif, and Ahmet İncekara. "A Comparative Analysis of Turkey’s and Other OECD Countries’ Decent Work Structures." In International Conference on Eurasian Economies. Eurasian Economists Association, 2016. http://dx.doi.org/10.36880/c07.01603.

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This study examines all the efforts paid since the year 2000 for improving the working conditions of decent work which is a concept that has been in use by the International Labour Organization. A comparative analysis of Turkey's and other OECD counties' decent work structures is presented in our study which has been conducted by looking at such indicators as wages paid for labour, working conditions, social security rights, union rights, income security, annual leave durations, existence of social dialogue, labour participation rates, social assistance, social protections, the state of human development index.
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Zavgorodniaia, I. S. "Self-protection by the employer of their labor rights." In ТЕНДЕНЦИИ РАЗВИТИЯ НАУКИ И ОБРАЗОВАНИЯ. НИЦ «Л-Журнал», 2019. http://dx.doi.org/10.18411/lj-02-2019-73.

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Permanasari, Ai. "The Urgency of Child Labor Rights Protection as an Influencer." In Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.3-6-2021.2310834.

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Александрова, Анна, and Anna Aleksandrova. "The rights of persons with family responsibilities in the labor legislation of foreign countries." In International legal aspects of family law and protection of children's rights. Москва: INFRA-M Academic Publishing LLC., 2018. http://dx.doi.org/10.12737/2968-328-336.

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Hudiana, Raihan, and Heru Susetyo. "Law and Human Right Protection of Outsourcing Labour Law Number 13 of 2003." In 3rd International Conference on Law and Governance (ICLAVE 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200321.026.

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Yihong, Yan, and Li Weiguang. "Notice of Retraction: Risk analysis and labor rights protection of care workers." In 2011 International Conference on E-Business and E-Government (ICEE). IEEE, 2011. http://dx.doi.org/10.1109/icebeg.2011.5882200.

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Barın, Nurgül Emine. "Principle of Interpretation in Favor of the Insuree in Turkish Social Security Law." In International Conference on Eurasian Economies. Eurasian Economists Association, 2016. http://dx.doi.org/10.36880/c07.01754.

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One of the major problems encountered in the implementation of the rule of law is in the absence of the meaning of law or what it wants to tell is not clearly defined, the true meaning is revealed through interpretation. In labor law and social security law; Although the review will benefit from the rules for the common law, workers-interpretation in favor of the insuree is effective. This policy is considered as one of the fundamental policies of the Labour and Social Security Law. Located between the basic policies of business law, the protection of the workers, which is a consequence of the interpretation in favor of the insuree policy, shows itself in the form of interpretation in favor of the insuree in the social security law. One factor for necessity of supporting interpretation in favor of the insuree is, social security right is among the basic human rights. In particular, the interpretation of legislation related to the social security right by constitutional guarantee, it is important to keep in mind this basic policy. The overall purpose of the social security law is to benefit from this right by more people, namely the expansion of the scope. In this study, the place of interpretation in favor of the insuree and limitations related to this interpretation will be examined in the light of samples of Supreme Court Decisions and regarding substance of the Constitution and laws.
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Tavits, Gaabriel. "Protection of the Weaker Party – to Whom is Labour Law Still Applicable?" In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.33.

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National law is affected by a number of different international regulations and agreements. International agreements provide for rules aimed at harmonizing certain requirements and understandings that different countries should follow. In labour relations, international standards are set at two different levels – on the one hand, by the International Labour Organization (ILO), and on the other by regional standards – by the Council of Europe and the directives and regulations adopted by the European Union. All these international rules have important implications for national labour law. However, such international norms do not provide a clear personal scope – that is, it is not clearly defined to whom such international norms apply. Although the various international rules do not directly define the persons to whom those norms apply, – the implementation of international rules remains a matter for national law. Thus, the concept of both employee and employment relationship is shaped by national law. The exception here is the European Union, where the European Court of Justice has given an autonomous meaning to the concept of worker (particularly in the context of freedom of movement for workers). Although the concept of a worker and of an employment relationship has been developed by the Court of Justice of the European Union, Member States retain the right to define the employment relationship in accordance with the law in force in the respective Member State. The main factor in shaping employment relationships is the employee's dependence on the person providing the work, and the person providing the work also has an obligation to pay remuneration for the work performed. Although the scope of those rules is defined differently by different international rules, the characteristics generally applicable to the definition of an employee and the employment relationship are similar to those used in national law.
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Pang, Luning. "Investigation on the Labor Rights and Legal Protection of Part-time Job for College Students." In 5th International Conference on Contemporary Education, Social Sciences and Humanities - Philosophy of Being Human as the Core of Interdisciplinary Research (ICCESSH 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200901.042.

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Reports on the topic "Protection of labour rights"

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Martin, Matthew, Max Lawson, Nabil Abdo, David Waddock, and Jo Walker. Fighting Inequality in the time of COVID-19: The Commitment to Reducing Inequality Index 2020. Development Finance International, Oxfam, October 2020. http://dx.doi.org/10.21201/2020.6515.

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The coronavirus pandemic has swept across a world unprepared to fight it, because countries had failed to choose policies to fight inequality. Only one in six countries assessed for the CRI Index 2020 were spending enough on health, only a third of the global workforce had adequate social protection, and in more than 100 countries at least one in three workers had no labour protection such as sick pay. As a result, many have faced death and destitution, and inequality is increasing dramatically. This third edition of the CRI Index report recommends that all governments adopt strong anti-inequality policies on public services, tax and labour rights, to radically reduce the gap between rich and poor. The international community must support them with Special Drawing Rights, debt relief and global solidarity taxes. See also the CRI Index website at www.inequalityindex.org
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Ehrenberg, Ronald. Workers' Rights: Rethinking Protective Labor Legislation. Cambridge, MA: National Bureau of Economic Research, October 1985. http://dx.doi.org/10.3386/w1754.

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Wilshaw, Rachel, Chi Do Quynh, Penny Fowler, and Thuy Pham Thu. Labour Rights in Vietnam: Unilever’s progress and systemic challenges. Oxfam, July 2016. http://dx.doi.org/10.21201/2016.614926.

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Zaman, Tahir, Michael Collyer, Rachel Sabates-Wheeler, and Carolina Szyp. Beyond Rights-Based Social Protection for Forcibly Displaced People. Institute of Development Studies (IDS), February 2022. http://dx.doi.org/10.19088/basic.2022.006.

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Having a right that is not respected is not the same as having no right at all. At least this should not be the case. Failure to receive something to which you are entitled should lead to formal redress or failing that, protest. The rights-based discourse has a wider importance. If and when it is or should be used is significant. In terms of access to social protection (including social and humanitarian assistance), the rights-based discourse means there is no difference between refugees and others who fail to receive the protection to which they are entitled, such as Internally Displaced People (IDPs). This introduces two key tensions, both of which we explore in this paper. The first concerns the identification of the institution responsible for fulfilling the right, as determined in state-led/formal humanitarian system of social protection. The second concerns the alternatives displaced people may identify when Northern mandated forms of social protection fail, or when the conditions for the enjoyment of that protection are too onerous. These alternatives constitute a second system of social protection. We conclude that although they are unequal, both systems are currently necessary, even as a language of rights is only appropriate in relation to the first tension. Ultimately greater coordination and collaboration between the two systems is necessary.
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Fang, Lily, Josh Lerner, and Chaopeng Wu. Intellectual Property Rights Protection, Ownership, and Innovation: Evidence from China. Cambridge, MA: National Bureau of Economic Research, September 2016. http://dx.doi.org/10.3386/w22685.

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Huq, Aurin. The Impact of Covid-19 on Labour Rights and Working Conditions in Four Selected Sectors. Institute of Development Studies, April 2022. http://dx.doi.org/10.19088/clear.2022.006.

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This research briefing summarises priority areas for future research as well as key stakeholders with whom to engage, as identified in the scoping paper "Impact of Covid-19 on Labour Rights and Working Conditions in Four Selected Sectors" by Mirza M. Hassan, Syeda Salina Aziz, Raeesa Rahemin, Insiya Khan and Rafsanul Hoque from the BRAC Institute of Governance and Development (BIGD). The scoping paper and this briefing were commissioned for the Covid-19 Learning, Evidence and Research Programme in Bangladesh (CLEAR). CLEAR aims to build a consortium of research partners to deliver policy-relevant research and evidence for Bangladesh to support the Covid-19 response and inform preparation for future shocks.
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Sripad, Pooja. Exploring barriers and enablers of service provision for survivors of human trafficking in the Bay Area: An action research study. Population Council, 2021. http://dx.doi.org/10.31899/sbsr2021.1067.

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Despite increasing recognition of public health and rights issues associated with human trafficking globally and in the United States following the Trafficking Victims Protection Act of 2000, there has been limited research on how to systematically strengthen service access for survivors of sex and labor trafficking. The experience of service providers may provide insight into how trafficking survivor responses and service networks function in California’s Bay Area. This study explores provider perspectives on existing service networks and collaboration dynamics, including the barriers to and enablers of long-term service provision and survivor follow-up. A participatory research design included qualitative interviews with key informants working at nongovernmental organizations, organizational website reviews, and consultation with network service providers in the Greater San Francisco Bay Area. This study approach allowed for eliciting in-depth reflections of service provision, collective generation of stakeholder mapping, and consensus-driven recommendations arising from barriers and enablers to anti-trafficking service provision. This report enhances stakeholder awareness of existing organizational and policy resources and offers insights into research and programming on how anti-trafficking service response networks can be strengthened to provide survivor-centric support in the long-term.
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Minero Alejandre, Gemma. Ownership of Databases: Personal Data Protection and Intellectual Property Rights on Databases. Universitätsbibliothek J. C. Senckenberg, Frankfurt am Main, 2021. http://dx.doi.org/10.21248/gups.64578.

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When we think on initiatives on access to and reuse of data, we must consider both the European Intellectual Property Law and the General Data Protection Regulation (GDPR). The first one provides a special intellectual property (IP) right – the sui generis right – for those makers that made a substantial investment when creating the database, whether it contains personal or non-personal data. That substantial investment can be made by just one person, but, in many cases, it is the result of the activities of many people and/or some undertakings processing and aggregating data. In the modern digital economy, data are being dubbed the ‘new oil’ and the sui generis right might be con- sidered a right to control any access to the database, thus having an undeniable relevance. Besides, there are still important inconsistences between IP Law and the GDPR, which must be removed by the European legislator. The genuine and free consent of the data subject for the use of his/her data must remain the first step of the legal analysis.
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Pinkowitz, Lee, Rene Stulz, and Rohan Williamson. Do Firms in Countries with Poor Protection of Investor Rights Hold More Cash? Cambridge, MA: National Bureau of Economic Research, December 2003. http://dx.doi.org/10.3386/w10188.

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Idris, Iffat. LGBT Rights and Inclusion in Small Island Developing States (SIDS). Institute of Development Studies (IDS), February 2021. http://dx.doi.org/10.19088/k4d.2021.067.

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This review looks at the extent to which LGBT rights are provided for under law in a range of Small Island Developing States (SIDS), and the record on implementation/enforcement, as well as approaches to promote LGBT rights and inclusion. SIDS covered are those in the Caribbean, Pacific, and Atlantic-Indian Ocean-South China Sea (AIS) regions. The review draws on a mixture of grey literature (largely from international development agencies/NGOs), academic literature, and media reports. While the information on the legal situation of LGBT people in SIDS was readily available, there was far less evidence on approaches/programmes to promote LGBT rights/inclusion in these countries. However, the review did find a number of reports with recommendations for international development cooperation generally on LGBT issues. Denial of LGBT rights and discrimination against LGBT people is found to varying extents in all parts of the world. It is important that LGBT people have protection in law, in particular the right to have same-sex sexual relations; protection from discrimination on the grounds of sexual orientation; and the right to gender identity/expression. Such rights are also provided for under international human rights conventions such as the Universal Declaration of Human Rights, while the Sustainable Development Goals are based on the principle of ‘leave no one behind'.
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