Journal articles on the topic 'Contract labor – Sociological aspects'
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1
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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Filippova, Marina V., and Evgeny B. Khokhlov. "About intersectoral relations in law: Some aspects of the categorical apparatus." Russian Journal of Labour & Law 12 (2022): 146–66. http://dx.doi.org/10.21638/spbu32.2022.111.
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The problem of legal facts is little studied in the science of domestic labor law. In particular, the problem of an employment contract as a complex legal fact by its nature needs additional analysis, and it is impossible to recognize as satisfactory the formulation of the question of transactions in labor law, and their essence and place in the system of legal facts. This article argues for the idea of the existence of an employment contract as a source of subjective rights and obligations of the parties, and of different industry affiliation. Unlike other legal facts, an employment contract, along with such legal facts as unilateral transactions, management acts, and judicial acts, has a unique ability not only to give effect to the rights and obligations set out in the dispositions of legal norms, but also to generate subjective rights and obligations of the employee and employer itself. In addition, the question is raised about the possibility of an employment contract as a source of objective labor law. This is due to two kinds of factors: like the so-called “absolute legal relationship” by virtue of the current employment contract, no third party has the right, under pain of legal liability, to hinder the parties in their actions to implement the rights and obligations assumed; in addition, the system of employment contracts is one of the factors in the formation of the internal legal order of the organization. The problem of transactions in labor law is subjected to special consideration. The interpretation of labor law transactions as a generic category is proposed, generalizing unilateral labor law transactions and labor contracts as varieties.
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Islomqulova, Shokhsanam. "LABOUR RELATIONSHIPS IN CIVIL LAW. DIFFERENCE BETWEEN LABOUR AND CIVIL CONTRACTS." JOURNAL OF LAW RESEARCH 6, no. 9 (September 30, 2021): 25–32. http://dx.doi.org/10.26739/2181-9130-2021-9-3.
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This article examines how and by what normative legal acts labor relations in civil law are regulated. This article analyzes errors and shortcomings in civil law contracts related to the provision of services in practice, as well as difference labor contracts and civil law contracts and errors that are allowed in their registration. The aspects and proposals that are necessary to eliminate and prevent offenses are also emphasized. The content, form, parties to the contract, obligations and rightsof the parties, obligations for violation of the contract, grounds for termination of the contract are also highlighted. And each of these above-listed aspects is compared with an employment contract. The differences arising from the comparison were studied by Russian and English scientists and their judgments on this situation were translated. Civil contracts regulating labor relations are considered on the example of the legislation of foreign states and the Republic of Uzbekistan. The advantages and disadvantages of a civil contract, its difference from employment contracts were explained by comparison in separate tables.Keywords:civil law contract, fee service contract, labor contract, contractor, customer, employee, employer, terms of contract
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Shoniya, G. V. "Employment Contract in France." Actual Problems of Russian Law, no. 7 (July 1, 2018): 224–31. http://dx.doi.org/10.17803/1994-1471.2018.92.7.224-231.
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The article examines some issues of the institution of the employment contract in France. The author examines the concept of an employment contract in the 1980s of the last century and in the present period, draws attention to the changes and reforms of labor legislation that have been carried out in recent years. At the end of the article, the author summarizes the results of the analysis and suggests conclusions. It is noted that the experience of French legislation, taking into account the diversity and specificity of labor of various categories of workers and forms of employment, deserves attention and study. This will allow the Russian legislator to take into account both positive and negative aspects for its implementation during lawmaking in the sphere of labor law, which eventually will ensure greater effectiveness of such an institution as an employment contract.
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Prasetiya, Budi. "EFEKTIVITAS KINERJA TENAGA KERJA KONTRAK DAERAH DI DINAS KEHUTANAN KABUPATEN KUTAI BARAT." Jurnal Administrative Reform 5, no. 4 (December 11, 2017): 190. http://dx.doi.org/10.52239/jar.v5i4.884.
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This article aim is to describe and analyze the effectiveness of the work performance of labor contract at the same time identify the factors supporting and inhibiting the effectiveness of the labor contract, the type of research conducted included in the descriptive qualitative research. The conclusions based on the data are using analysis data and interactive models. According to the results of research it found that the performance of the work labor contract at the Forest Departemen Kabupaten Kutai Barat can be quite good. It can be known from the ability of employees the perform their duties, both in terms of aspects of work quality and quantity of work and time of completion of work.Keyword : Effectiveness, Performance, Labor Contract, Forestry Service
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Witt, John Fabian. "Rethinking the Nineteenth-Century Employment Contract, Again." Law and History Review 18, no. 3 (2000): 627–57. http://dx.doi.org/10.2307/744072.
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Legal historians have turned with renewed energy in recent years to the project of fleshing out the myriad rules by which the common law of the free labor employment contract structured social relations in nineteenth-century America. Of course, labor relations have always been prominent in the literature. The German sociological tradition has long taught us to see in the legal protection of property rights a source of coercive power over the working classes. And for decades now, historians have studied the great nineteenth-century labor conspiracy cases, which generated leading cases and opinions by judges such as Shaw and Holmes. But there is a new wrinkle in recent accounts of nineteenth-century labor law. Much of the law of property, contract, and tort bears a relatively self-evident (though still too infrequently remarked on) relation to the relative bargaining power of the parties to an employment contract. Property rules, along with a whole host of attendant tort doctrines such as nuisance and trespass, allocate resources among parties. As Robert Hale observed long ago, property rules set the coercive power of A to exclude B from those resources that belong to A, whether A be a prospective employee excluding an employer from the employee's labor power, or an employer excluding a would-be employee from the means of production. In similar fashion, rules of contract and tort that define the weapons that parties may deploy in competition or bargaining also shape the relative bargaining power of social actors. Thus, doctrines of duress, fraud, unconscionability, and adequacy of consideration, and the law of labor conspiracies and competition all create immutable background rules (or sometimes inalienable entitlements) that have considerable impact on bargaining power. In Halean language, we might say that the law of duress, for example, coercively precludes the strong from forcing the weak to consent to a particular deal, or that the doctrine of fraud coercively precludes the slick from outfoxing the dupes.
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Sitarskyi, Bohdan. "Потенційні загрози трудової міграції для національної безпеки України." Facta Simonidis 14, no. 1 (December 31, 2021): 167–82. http://dx.doi.org/10.56583/fs.18.
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This article discusses the main potential threats of labor migration to Ukraine as identified on the basis of the author’s sociological research. The key factors of the labor migration problem for Ukraine are those relating to economic and demographic aspects, as well as the human capital. Having analysed the results of his sociological research, the author suggests that the number of labor migrants may continue to rise and that the country’s partial dependence on migrant labour may have negative consequences for the economic situation of Ukraine in the future.
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Yarasheva, A. V. "Regional aspects of youth labor employment." Scientific bulletin of the Southern Institute of Management, no. 4 (December 25, 2018): 45–52. http://dx.doi.org/10.31775/2305-3100-2018-4-45-52.
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The article addresses the issues of youth employment and factors affecting the success of employment. Based on official statistics, unemployment rates are compared by age groups in the federal districts ofRussia. The analysis of the situation inMoscowand in the regions of theFar Eastrevealed the most vulnerable in terms of employment group of the population – from 15 to 29 years. According to the results of their own sociological research carried out in the metropolitan metropolis, there are presented: channels for finding vacancies, reasons that impede the employment of young people, difficulties in communicating directly with employers, and willingness to retrain. The greatest problems in the employment of young people (including graduates of universities and colleges) are the lack of necessary experience and an appropriate level of education. It is revealed that the most effective ways of finding jobs for young people are special sites on the Internet and contacting the city employment service. The structure of young unemployed by level of education in the Russian macro-regions is considered. Comparison of the situation in the regions of the Far East and inMoscowshowed the presence of similar problems, including an oversupply of trained specialists in the professions lawyer, economist, manager. The imbalance between the needs of the labor market and the supply of young labor requires decision-making at the federal and regional levels.
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., Haerudin, and Endeh Suhartini. "ANALISIS YURIDIS KEBERADAAN PERUSAHAAN OUTSOURCING DAN HAK PEKERJA TERKAIT SISTEM KONTRAK BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003." JURNAL ILMIAH LIVING LAW 13, no. 1 (April 23, 2021): 20. http://dx.doi.org/10.30997/jill.v13i1.4200.
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The purpose of this study are: 1) To find out and analyze the existence of outsourcing companies in contract system workers. To find out and analyze the granting of rights for workers related to the contract system based on Law No. 13 of 2003 concerning Labor. The research method used in this study is a normative juridical study that takes a qualitative approach that looks at and analyzes the legal norms in existing legislation and sociological research as supplementary data as primary data. The results of this study are: 1) The existence of outsourcing companies in contra system workers, in terms of employment relations between workers and outsourcing companies is based on a Specific Time Work Agreement, then the work agreement must require the transfer of the protection of the rights of workers whose objects of work remain, even though there is a change of companies that carry out part of the work of other companies or companies providing workers' services. 2) The granting of rights for workers related to the contract system based on Law Number 13 of 2003, there are still outsourced workers who are not registered with Jamsostek, so the legal protection of health and safety for outsourced workers is not implemented.Keywords : Labor Law; Outsourcing Company; Work Agreement.
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Dewaelheyns, Nico, Cynthia Van Hulle, Yannick Van Landuyt, and Mathias Verreydt. "Labor Contracts, Wages and SME Failure." Sustainability 13, no. 14 (July 14, 2021): 7864. http://dx.doi.org/10.3390/su13147864.
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Although employment protection and employee remuneration has been shown to affect many aspects of a firm’s performance, evidence of their ability to explain firm failure is very limited. This paper examines the effect of different types of labor contracts and wages on the probability of corporate failure between 2012 and 2019 using a sample of 29,596 Belgian SMEs. Using discrete time hazard regression models, we find that the use of contract types with lower employment protection and paying lower wages are significant predictors of failure.
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Indrawati, Chrys Wahyu, and Sukarmi Sukarmi. "KONSEP IDEAL PEMBUATAN AKTA PERJANJIAN KERJA OUTSOURCING WAKTU TERTENTU (STUDI DI BANK JATENG)." Jurnal Akta 4, no. 3 (September 10, 2017): 317. http://dx.doi.org/10.30659/akta.v4i3.1803.
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Research on "The Ideal Concept of Establishing a Deed of Working Outsourcing of Certain Time (Study In Bank Jateng)" aims to know and analyze outsourcing agreement for certain time in Bank Central Java still cause uncertainty to employees and the ideal concept of employee outsourcing agreement certain time. This research approaches sociological jurisprudence and data collection through interviews, document studies and bibliography, as well as qualitative data analysis.Establishment of Deed of Working Agreement of Outsourcing of Certain Time in Central Java Bank has not applied the principle of freedom of full contract or using standard agreement. The employment agreement still creates uncertainty for employees because of employment agreements such as provisions requiring employees to submit an original diploma that leads to uncertain employee futures because employees do not have a chance to find another job better and there is no provision for contract renewal. In addition, there is still the influence of Central Java Bank in the work agreement between the providers of labor with workers whereas Central Java Bank is not a party to the agreement or the worker has no legal relationship with the Central Java bank. The effect is in terms of placement of labor and the termination of the employment agreement and the absence of a guarantee whether the workers will work continuously on the employment provider. Barriers to employees who have completed a certain time outsourcing agreement that is no term extension of the contract and Bank Central Java can not intervene directly on a certain time outsourcing agreement between PT Bhumi Elang Perkasa with labor security unit that is not renewed his contract period. The solution selects recruitment of contract employees who have completed certain time outsourcing agreements as permanent employees and extend the contract period in certain time outsourcing agreement in the provision of security unit personnel between PT Bhumi Elang Perkasa and Bank Jateng Ideally Employee Employee Outsourcing Working arrangements should consider the principles of the agreement, particularly the principle of freedom of contract. Although this is very difficult because of standard agreements that have been standard applied by the company because it is related and influenced by company regulations. Companies should provide a wider protection of labor to create a balanced working relationship. One effort that can be done is to provide an opportunity for the workforce to contribute to determine the contents of the agreement and or to approve or disapprove of certain things that may be done by both parties. One of the provisions that can be accommodated is the provision of the obligation to submit a diploma as a guarantee, the terms of the certainty of employment, and the working relationship between the provider of labor, the user labor and the labor itself.Keywords: Deed, Specific Time Working Agreement, outsourcing
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Avdoshina, Natalya V., and Vladislav Y. Bocharov. "Molevich Yevgeny Fomich: Man of the Century (for the 90th anniversary of the Scientist and Remarkable Man)." Semiotic studies 1, no. 2 (September 13, 2021): 6–14. http://dx.doi.org/10.18287/2782-2966-2021-1-2-6-14.
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Evgeniy Fomich Molevich turned 90 years old on the 25th of April 2021. He is an extraordinary man whose biography is a reflection of an entire era in the history of our country. The purpose of this article is to introduce the reader to human qualities and the main stages of life path, as well as scientific interests of a well-known scientist. There have been analyzed his sociological concept of the three-pronged structure of the modern sociological knowledge; the characteristic aspects of the approach regarding the labor activity analysis and its structure; the labor concept in a post-industrial society; the prospects for the construction of a modern society as a new social and information reality. Moreover, there has been make an emphasis on the applied aspects of E.F. Molevichs activities as the organizer of the sociological laboratory (1969), the director of the Research Institute of Social Technologies of Samara University (1995-2009) and the head of Sociology and Political Science Department. Conclusions concerning the reasons for widespread recognition in the scientific environment and successes in teaching and social activities have been drawn.
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Pashkov, P. A., and V. V. Gorlov. "USING THE PERT METHOD IN CALCULATING LABOR COSTS AND RATIONING THE WORKING TIME OF CONTRACT SERVICE EMPLOYEES IN PROCUREMENT ACTIVITIES." Scientific Journal ECONOMIC SYSTEMS 1, no. 175 (2021): 64–80. http://dx.doi.org/10.29030/2309-2076-2021-14-3-64-80.
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Today, close attention is mainly paid to the aspects of placing an order, and the calculation of the effectiveness of procurement activities is based on a reduction in the contract price. At the same time, the optimization of the working time of contract service employees and the rationing of their labor are important areas of organizing an effective procurement system. The article presents the results of the calculation of labor costs for the organization of procurement activities and the implementation of accounting policies, based on the generalization of data from expert reports. Representatives of contract services, economists, lawyers, accountants, engineers, business managers, procurement specialists, contract managers were involved as experts. The obtained materials were used to build a network schedule for the process of work execution and delivery of goods using the PERT method. It is revealed that the main task of conducting effective procurement activities is to ensure uninterrupted and high-quality work of all employees of the organization. It is proved that the development of the customer's professionalism in the field of procurement is a key direction for improving the contract system. The conducted research will allow the managers of customers to balance their labor resources, improve procurement activities, avoid inappropriate spending of budget funds, and increase the efficiency of procurement.
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Khandii, Olena, and Larysa Shamileva. "Experience of Domestic Enterprises in the Conditions of Quarantine Restrictions: Social and Labor Aspects." Herald of the Economic Sciences of Ukraine, no. 2(39) (2020): 89–94. http://dx.doi.org/10.37405/1729-7206.2020.2(39).89-94.
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The system of social and labor relations proved to be the most vulnerable to the impact of the financial and economic crisis and the Covid-19 coronavirus pandemic, and most of all suffered from measures aimed at overcoming the spread of coronavirus disease. The experience of domestic enterprises in the conditions of quarantine restrictions was investigated in the article. The most common personnel decisions during quarantine, including transfer to part-time employment, remote work, vacation, dismissal, were analyzed. Their impact on the national labor market was analyzed. The main negative trends in the system of social and labor relations due to the economic recession and quarantine restrictions on economic activity during the Covid-19 pandemic were identified. The volumes and levels of official and hidden unemployment were determined, their comparative analysis was carried out on the basis of statistical data and the results of sociological surveys. The uneven nature of hidden unemployment by type of economic activity was determined. The loss of working time for the second quarter of 2020 as a result of the introduction of strict quarantine restrictions was calculated. The imbalance between labor supply and demand, changes in attitudes and behavior of participants in the labor market, which act as an indicator of crisis processes in the field of employment, were characterized. The reasons for the decline in job search indices, declining labor supply, imbalance and weak labor market flexibility in the short term have been identified. The main trends and patterns of the labor market, changes in employers’ requirements for job applicants were described. The decline in incomes of the working population, the change in their structure due to the reduction of wages in the fall of sales and income of enterprises was studied. It is emphasized that the methodology of data collection by the State Statistics Service and the State Employment Service does not provide the opportunity to obtain complete operational information and under these conditions for rapid assessment and analysis of the situation it is necessary to use additional information from state and non-state online resources, sociological surveys and others sources.
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Madia, Putu Bella Mania, I. Nyoman Bagiastra, and I. Wayan Novy Purwanto. "LEGITIMACY OF A FIXED-TERM EMPLOYMENT CONTRACT BASED ON REMOTE WORK CONCEPT FROM THE PERSPECTIVE OF THE JOB CREATION ACT." POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) 1, no. 4 (December 21, 2022): 65–74. http://dx.doi.org/10.55047/polri.v1i4.485.
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Labor issues are a social, political and economic phenomenon in modern countries, including Indonesia, and require a way that is no longer conventional in improving the system in employment. As such, remote working can be the solution. The implementation of Remote Working in Indonesia depends on three legal aspects, namely the Criminal Code, the Job Creation Act along with the Labor Law, and the ITE Law. This study aims to analyze the Fixed-Term Employment Contract (PKWT) work relationship based on remote work concept from the perspective of the job creation act and find out the implementation and problems of Fixed-Term Employment Contract. This study employs a normative legal research technique derived from laws and regulations employing a library research technique. According to the findings of this study, Fixed-Term Employment Contract with the Remote Working concept must also adhere to the Labor Law and the Job Creation Act. Besides, the parties who engages on the Fixed-Term Employment Contract must also consider a number of additional legal factors in order to ensure the agreement's legitimacy and the protection of each party's rights and obligations. Despite the passage of the Job Creation Act, it turns out that there are still several issues that require attention.
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Han, Clara. "Precarity, Precariousness, and Vulnerability." Annual Review of Anthropology 47, no. 1 (October 21, 2018): 331–43. http://dx.doi.org/10.1146/annurev-anthro-102116-041644.
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This review examines precarity through two foci. First, I focus on related terms of the lumpenproletariat and informal economy, each of which have left their mark on the notion of precarity as a bounded historical condition, and its related notion of the precariat, a sociological category of those who find themselves subject to intermittent casual forms of labor. I explore the ways in which these terms offer pictures of politics and the state that are inherited by the term precarity, understood as the predicament of those who live at the juncture of unstable contract labor and a loss of state provisioning. I then turn to the second pole of precarity to chart a tension between asserting a common condition of ontological precarity and the impulse to describe the various ways in which vulnerability appears within forms of life.
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Kaspruk, Lyudmila I. "Results of the sociological research on the aspects of professional orientation of medical personnel." Sociology of Medicine 19, no. 1 (November 23, 2020): 65–70. http://dx.doi.org/10.17816/1728-2810-2020-19-1-65-70.
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In the training of medical personnel, determining the need for specialists with medical education is necessary. Furthermore, the future of the health care industry depends on those professionals who will soon fill the labor market. In this regard, the issues encountered in the optimization of personnel policy are relevant, e.g., solving the problem of discrepancy between the number and structure of personnel to the volume of activity, which is considered as an imbalance in the structure of doctors: nursing staff. Improving the professional orientation toward the personnel needs of practical health care is necessary. In the process of creating models for professional orientation, fixing the staffing situation regarding primary health care in the area of general medicine should be considered, focusing especially on the establishment of social order in terms of training specialists at public expense. Furthermore, one of the models (market) involves the choice of specialty and labor route specialist. The partnership of medical educational institutions with pre-university training institutions is relevant, when cooperation is based on a contractual basis approved by the health and education authorities of the region.
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Liu, Jia, Ying Yang, Bao-Yao Xiao, Zhi-Tao Huang, Xiao-Hui Nie, Wen-Jie Liu, and Shih-Feng Chang. "Taking AI Neural Network to Analyze Labor Rights and Labor Disputes." E3S Web of Conferences 290 (2021): 02028. http://dx.doi.org/10.1051/e3sconf/202129002028.
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Exploring labor rights on the cognition of relationship with labor dispute is not only from the direct role of workers and HR, but also from the fight for labor rights of college students. However, many labor disputes in labor process are mainly related to labor rights. Therefore, we explore the relationship between labor rights and labor disputes, use neural network analysis and questionnaire survey method, and execute AI combining with big data analysis tools to collect first-hand data from two aspects of college students, workers in the industry, HR and labor dispatch personnel. Finally, the results show that: (1) there is a negative correlation between social security and labor disputes; (2) there is a negative correlation between labor safety and labor disputes; (3) there is a negative correlation between wages and labor disputes; (4) there is a negative correlation between labor contract signing and labor disputes; (5) there is a positive correlation between rights awareness and labor disputes.
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Grimshaw, Damian, Jo Cartwright, Arjan Keizer, and Jill Rubery. "Market Exposure and the Labour Process: The Contradictory Dynamics in Managing Subcontracted Services Work." Work, Employment and Society 33, no. 1 (April 5, 2018): 76–95. http://dx.doi.org/10.1177/0950017018759206.
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Marketization of the employment relationship is a key causal factor explaining the adverse impact of subcontracting low-wage services on employment conditions. This article extends existing sociological theory by analysing the market-making and rule-breaking roles of client and subcontractor firms through qualitative data. It finds that client organizations construct different types and temporalities of marketized cost pressures, that clients and subcontractors exploit their power advantage over labour to evade institutional rules and that labour process and reputational concerns impose a degree of moderation towards socially desirable outcomes. The theoretical framework ‘unpacks’ marketization by distinguishing the interplay between contracts, regulation and labour process requirements as shaped by clients and subcontractors. In the UK cleaning sector, the potentially positive effects of client and subcontractor actions on employment conditions are marginal, focused on non-pay aspects and introduced primarily for reputational reasons. The evidence indicates the limits of voluntary action and the need for regulation.
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Zavgorodniy, Alexander. "Social Guarantees in the Case of Employees’ Dismissal in Russia Comparative Legal Aspects of Russian and Foreign Labor Law." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 7 (December 15, 2017): 159–73. http://dx.doi.org/10.14746/ppuam.2017.7.10.
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The main purpose of the article is to identify the contradictions and problems arising when both international labor standards and Russian labor law are applied and separate guarantees to workers are provided in the case of their dismissal. The object of the research is the employment relationship which arises between the employer and the employee when social guarantees are given to the workers when the employment relations are terminated. This article considers the regulations of Russian and foreign labor law which provide workers with certain guarantees if the employment contract is terminated at the initiative of the employer. For the first time, these guarantees are considered from a comparative legal perspective. Specific recommendations about improvement of the Russian labor law and its enforcement.
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Abdel Fattah, Aida Fouad. "Globalization of the Economy, Labor Policies and Business Organizations: A Sociological Study." Journal of Arts and Social Sciences [JASS] 1, no. 1 (January 1, 2010): 44. http://dx.doi.org/10.24200/jass.vol1iss1pp44-70.
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Globalization of economy, work policies and organizations are viewed from a sociological perspective and through three different aspects.[1] The contemporary changes in the frame of work and business organizations that took place in the globalization of economy.[2] The impact of contemporary changes on the national work policies and how to face their challenges.[3] The development that took place in the managerial ideologies of business organizations starting, in sequence, from the movement of industrial reform, scientific management, welfare capitalism or human relations, systems rationalism, organizational culture and quality and ending with contemporary business organizations. The study highlights some remarks on the business policies and the managerial ideologies of business organizations. It also communicates that the national business policies and organizations are confronted with a number of challenges.
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Sinaga, Niru Anita, Basuki Rekso Wibowo, Sri Gambir Melati Hatta, and Fauzie Yusuf Hasibuan. "Alignment of Outsourcing Agreement on Protection Law and Justice." Southeast Asia Law Journal 1, no. 1 (August 19, 2017): 23. http://dx.doi.org/10.31479/salj.v1i1.4.
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<p align="justify">One of these systems outsourcing, in practice often raises the pros and cons even cause problems. The problem is why research in the outsourcing agreement must have harmony with the principles of contract law? and how legal protection for workers/laborers and employers in the outsourcing agreement with the labor Law No. 13 Year 2003 on Employment associated with Court Decision No. 27/PUU-IX/2011?. This research methods using empirical juridical normative juridical supported/sociological and comparative law. Commonly used secondary data. Based on the results of analysis show that the employment agreement outsourcing based on the principle of freedom of contract and the principle of the deal. Each of these parties do not have equal bargaining power, so it does not provide legal protection for workers/laborers. Preparation and implementation of the outsourcing agreement is based on the alignment of the entire principle or principles that exist in the law of contract, is a unity, without prioritizing or separating principle that one with the other principles and serve as the frame of the treaty.</p>
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Druzhilov, S. A. "Issues of non-standard employment: social and hygienic aspects." Russian Journal of Occupational Health and Industrial Ecology, no. 6 (July 10, 2020): 392–98. http://dx.doi.org/10.31089/1026-9428-2020-60-6-392-398.
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Drastic transformations of the social and labor sphere have led to the emergence of new health risks and sanitary and hygienic problems associated with unreliability of employment. A new socio-economic and psychological phenomenon “precarity” has emerged, which has aff ected the employment conditions of employees, so the description of the phenomenon “precarity” needs to be clarifi ed.The forms of labor employment that diff er from the typical model and worsen the employee’s situation are considered. The criteria based on which non-standard employment is considered unstable are given.Generalized types of unstable employment are identifi ed, the specifi city of which is determined by a combination of two factors: working time and the term of the contract. Unstable working conditions are possible not only in informal employment, but also in legal labor relations. Unreliability and instability of labor has an objective character and is a natural manifestation of the emerging economic and social order. The phenomenon of “precarity of employment” appears as a new determinant of the health of employees. The main feature when referring employment and labor relations to the phenomenon of “precarity” is their unreliability.Specifies the terms used: “precariat”; “precarious work”; precompact; the precariat. An essential characteristic of precarious employment is the violation of social and labor rights and lack of job security. A significant indicator of precarity is underemployment. Precarity induces the potential danger of dismissal of the employee and the resulting stress, psychosomatic disorders and pathological processes in the psyche.Precarious employment and related labor relations have become widespread. Many employees are deprived of social guarantees, including those related to labor safety, payment for holidays and temporary disability, and provision of preventive measures. Th is leads to a violation of the state of well-being, as well as the deterioration of individual and public health.
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Melnychuk, N. "PECULIARITIES OF TERMINATION OF LABOR CONTRACT WITH THE LEADER OF LEGAL ENTITY ON REQUEST OF ELECTIVE BODY OF PRIMARY TRADE UNION ORGANIZATION." Social Law, no. 2 (April 27, 2019): 63–68. http://dx.doi.org/10.37440/soclaw.2019.02.09.
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The article discusses some aspects of the process of termination of the employment contract with the head of the enterprise, institution or organization at the request of the elected body of primary trade union organization (trade union representative). It is noted that the requirement to terminate the employment contract with the director does not terminate employment contract by itself, but obliges the employer to terminate it. Carried out the analysis of the distinctive features of the consideration of the proposal of the trade union body regarding the termination of the employment contract with the head of the legal entity on the Draft Labor Code. The innovations of the bill are recognized as justified, timely, such that they correspond to the modern level of development of labor relations and called upon to balance the interests of the parties to the employment contract. A number of features that need improvement have been identified, namely: 1) consolidation of the obligation to consider the representation of the trade union for its validity; 2) the need to assess the severity of violations of labor legislation, collective agreements and contracts, the Law of Ukraine "On Trade Unions, their Rights and Guarantees"; 3) Elimination of the obligation of the employer to appeal against the requirement of the primary trade union organization (trade union representative) as a condition for stopping the execution. The author of the article notes that the determination of the nature of the violation by the head of the enterprise, institution, organization of labor legislation will contribute to the effectiveness of sanctioning legal norms, and the abolition of the obligation of the employer to appeal the requirement of the primary trade union organization (trade union representative) to the court will make it possible to prevent abuse of their rights by the trade unions.
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Pastyuk, A. V., S. A. Oleynik, and V. V. Solokha. "Socio-cultural aspects of integration of immigrants in border regions." Alma mater. Vestnik Vysshey Shkoly, no. 1 (January 2021): 121–24. http://dx.doi.org/10.20339/am.01-21.121.
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Defined are socio-cultural features of integration of immigrants into host community at border regions. The article presents results of the author’s sociological research, organized in Belgorod and Voronezh regions in form of interviewing foreign migrants. Emphasized is, that border regions have special specifics, that require development of comprehensive state policy in relation to integration of migrants. Also the main problems of adaptation and integration of foreign labor migrants in the border areas are identified. Such are in particular the low level of trust of migrants in relation to state and municipal authorities. The study analyzes regional characteristics of foreign labor migration in border regions of Russia. It is noted, that presence of social ties with the host community is a significant factor in adaptation of migrants into new environment. Performed diagnostics of practice of integration of immigrants into border region made possible to identify the main problems that hinder processes of optimization of integration policy in relation to foreign labor migrants. One of the main directions is that, that development of state policy regarding integration of migrants into the host community is activation of new subjects of support for integration and adaptation, namely public organizations and the third sector.
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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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Dishanka, Sajitha, Takeshi Sakurai, and Yukio Ikemoto. "Equity and Efficiency in Women-Empowered Contract Farming: An Explanatory Case Study on the Tea Estate Sector of Sri Lanka." Journal of Economics and Behavioral Studies 13, no. 6(J) (March 11, 2022): 40–54. http://dx.doi.org/10.22610/jebs.v13i6(j).3263.
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Essentially, equity and efficiency are integral parts of any economic activities of sustainability though the correlation and causation between those two constructs are not considered significant. This study intends to evaluate if the contract farming system is a sustainable solution to the prevailing socio-economic aspects of the labor productivity problem in the tea estate sector of Sri Lanka, where female workers are highly depressed. This study has employed the survey strategy within the instrumental case of a selected tea estate to assess equity and efficiency of women-empowered contract farming system. The analytical results for gender equity on input and performance indicators have proven that gender equity is maintained in contract farming at the sample tea estate. The efficiency analysis results revealed that the output elasticity of tea bushes is significantly lower for female farmers than male farmers. However, there is no such significant difference revealed in the output elasticity of labor between gender groups. These findings explicitly reveal that the female workers in the tea estate sector are capable of managing labor although they are dominated by males in the domesticity. It further implies that a transformation of the male-dominant culture of the tea estate community would enhance the entrepreneurial and leadership capabilities of female workers if they are provided with equal opportunities and freedom.
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Górski, Piotr. "Labor Issues in Sociological Research into the Social Aspects of Industrialization: The Circle of Kazimierz Dobrowolski." Zarządzanie Zasobami Ludzkimi 134-135, no. 3-4 (June 15, 2020): 11–24. http://dx.doi.org/10.5604/01.3001.0014.1665.
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The objective of this article is to present one of the lineages of human resource management in Poland—industrial sociology. It was within the framework of this subdiscipline that research devoted to the social aspects of industrialization was carried out in the nineteen–sixties and seventies. Studies conducted within the circle of the Cracovian sociologist, Kazimierz Dobrowolski, looked at the industrial centers of Lesser Poland. The primary research question involves the process of the shaping of industrial company personnel in connection with the migration of rural population to industrial centers. The research demonstrated the social and cultural conditions behind this process, not only the impact of the culture of rural communities on shaping work culture in companies, but also the influence of industrial work experience on the life and cultural aspirations of rural communities.
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Stepnova, Olga V., and Lyudmila I. Eremenskaya. "Analysis of the problem of legal literacy of technical university students." Perspectives of Science and Education 50, no. 2 (May 1, 2021): 130–44. http://dx.doi.org/10.32744/pse.2021.2.9.
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Introduction. The socio-economic and political processes taking place in modern Russia pose new challenges to the student youth, as the most active subject of these processes. Ten years ago, it was enough for a qualified engineer to have professional knowledge, skills and abilities, but today, according to the requirements of higher education, he must have a management culture, information competence and legal literacy. The purpose of the study is to study the legal literacy of students of a technical university. Materials and methods. The materials of the study were the data of an anonymous sociological survey of 124 respondents – students of the Stupino branch of the Moscow Aviation Institute (National Research University) of the 2nd, 3rd and 4th courses of full-time and part-time education by filling out Google forms. The obtained data allowed us to study the knowledge of the students of the technical university in the field of the basics of legal literacy. Results. Analysis of the data of a sociological survey of students' opinions showed that the overwhelming majority (96.5%) support the introduction of in-depth study of law enforcement practice in the educational process of a technical university. Students admitted (94.4% of respondents) that knowledge of the basics of civil, labor, tax, administrative and other branches of law will help them in their professional activities; 38.4% believe that they need additional knowledge in the field of law, while 62.9% had experience in concluding a civil contract (purchase and sale of an apartment, car, contract, delivery, provision of services, etc.), but 41.5% used the services of specialists (realtor, labor dispute commission, lawyers, etc.). Conclusion. Today, legal literacy of students determines the understanding of their role, opportunities and responsibilities in society, knowledge of their rights and obligations. Obtaining the necessary legal knowledge and skills for professional activity will allow students to independently understand the current laws, legal norms, understand them and apply them in their professional activities.
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Gavrilyuk, Tatyana. "The Working Class in the Service Sector: Outlining the Issue and Reviewing Current Sociological Discourse." Sociological Journal 27, no. 3 (September 28, 2021): 78–96. http://dx.doi.org/10.19181/socjour.2021.27.3.8425.
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This study focuses on reviewing and analyzing the current sociological discourse devoted to the problems of routine service labor. The article reveals such aspects as the specifics of interactive service work, methods for assessing the size and composition of the service portion of the working class, how the updated properties of labor relations influence the traditional methods used by researchers to conceptualize them, the specific qualities of class consciousness inherent to the service sphere. It has been established that in foreign discourse of sociology of labor, research in the service sphere is currently at the forefront. The focus is on such problems as the structure of the new post-industrial working class, the inclusion of the client into the traditional worker/employer dyad as a third element that reconfigures the stable structures of labor relations, the increased importance of “emotional labor”, physicality and the so-called “soft qualities” of workers, the ideology of consumer sovereignty and the problems that it generates, the precarization of labor that leads to the deprivation of interactive service workers, the class consciousness and resistance practices of routine services employees. In domestic science, this issue is considered mainly from the standpoint of economics and management. In Russian sociology, service research has not been fully updated, there is no theoretical foundation, and the concept of service workers as part of the working class has not yet taken form. The majority of Russian authors rely on the structural and functional paradigm in the study of the service sphere, which does not correlate with the problems relevant to international sociology and the methods of their analysis.
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Pratama, Ryan Rezki, and Muhammad Syarif Hidayatullah. "PENANGANAN ANGSURAN TERTUNGGAK DI KOPERASI SYARIAH ARRAHMAH BANJARMASIN DALAM TINJAUAN SOSIOLOGI HUKUM ISLAM." MUAMALATUNA 12, no. 2 (January 29, 2021): 50–75. http://dx.doi.org/10.37035/mua.v12i2.4085.
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This research is motivated by the fact that the Arrahmah Islamic Cooperative as one of the Islamic financial institutions that offers financing products in its business, bears the risk of non performing financing with default actions in the form of installment payments in arrears by members. The research objective in this paper is to examine the sociological review of Islamic law on the handling of installments in arrears that occur in the Arrahmah Islamic Cooperative in Banjarmasin. This type of research is empirical legal research with a sociological approach to Islamic law. The results of the discussion show that in general, the socio-economic factors and the bad character of the members are the factors causing the arrears of installments in Arrahmah Islamic Cooperative. Based on a sociological review of Islamic law, the handling of installments in arrears carried out by the Arrahmah Islamic Cooperative is based on and is influenced by the aspects of the religiosity dimension built, legal handling efforts that refer to Islamic contract law, handling efforts based on the principle of maslahat and justice, and handling efforts based on sympathy and philanthropy.
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Natsak, Organa. "Gender Asymmetries of Modern Tuvan Family Revisited." Бюллетень Калмыцкого научного центра Российской академии наук 2, no. 18 (August 4, 2021): 120–43. http://dx.doi.org/10.22162/2587-6503-2021-2-18-120-143.
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Goals. The article attempts an analysis of gender asymmetries in Tuvan family in the context of Russian sociological studies of the family. Results. The study of gender aspects inherent to the sociodemographic development of the region identifies the current family gender-related transformation trends resulting from economic factors, primarily that of labor market and employment. The article presents a gender analysis of possible risks associated with the reduced role and status of man in the family.
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Khatniuk, Natalia, Nelli Pobiianska, and Nataliia Oblovatska. "Problems of the transformation of labor legislation according to the conditions of the marital state in Ukraine." ScienceRise: Juridical Science, no. 4(22) (December 30, 2022): 4–10. http://dx.doi.org/10.15587/2523-4153.2022.270675.
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The main ways of adapting labor legislation in accordance with the conditions of martial law are revealed, the innovations and individual issues of changes in labor relations under the conditions of martial law in Ukraine are analyzed. Since the issue of limiting, violating and protecting the labor rights of employees, and expanding the labor rights of employers became quite relevant with the onset of martial law, the authors focused on the important provisions of the amended labor legislation and tried to explain the theoretical and practical features of the application of new labor legislation. After all, war times require the adoption of difficult and unpopular decisions in other spheres of life, in particular, in labor relations. The main aspects of the transformation of labor legislation in wartime conditions were studied, the content of the updated provisions of the legislation was revealed, namely, on the dismissal of employees, on the procedure for suspending an employment contract, registration of layoffs and vacations, on changing the terms of wages and on increasing working hours. The positive and negative aspects of changes in labor legislation at such a difficult time for Ukrainian society are analyzed. At the same time, the authors of the article revealed the mechanisms, provided by the current labor legislation, which, although aimed at maximum compliance with the rights and guarantees for employees, cannot always be fulfilled by employers in martial law conditions
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Sydorenko, V., O. Sakhno, A. Lukiianchuk, A. Denysova, and V. Kharahirlo. "Labor relations in the field of professional (vocational) education: theoretical and applied aspect." Fundamental and applied researches in practice of leading scientific schools 38, no. 2 (April 30, 2020): 122–26. http://dx.doi.org/10.33531/farplss.2020.2.22.
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The article examines theoretical and applied aspects of labor relations in the field of professional (vocational) education. The authors highlight the problems, indicators and mechanism of regulation of labor relations in the field of professional (vocational) education. There is the analysis of the state of normative-legal regulation of conditions and grounds for hiring scientific and pedagogical workers, as well as the grounds, procedure and guarantees for dismissal of employees of this category. The authors focus in the article on the description of the conditions for concluding, performing and terminating an employment contract and substantiate the differences between the employment treaty, employment agreement and contract, employment treaty and civil law employment treaty. The article identifies the procedure for competitive selection during the filling of vacant positions of scientific and pedagogical workers and concluding contracts with them as a special form of employment treaty.
The materials of the article can be used to improve the system of professional (vocational) education in Ukraine by ensuring the need for quality training of qualified specialists.
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Muhazir. "Birokratisasi Pernikahan." Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan 8, no. 2 (December 30, 2021): 85–109. http://dx.doi.org/10.32505/qadha.v8i2.3594.
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Marriage outside the KUA becomes polemic in itself when the culture that is considered alms by the community is different from the state's point of view. The wedding procession is a value in itself for the community so that the wedding procession is sometimes accompanied by customs and traditions so that the sacredness in marriage is seen and can be felt. This paper is an empirical study with a sociological approach. This approach is carried out to see and analyze the legal, cultural and social aspects of the practice of marriage processions carried out by the people of Malang City. This paper argues that the majority of residents prefer to hold a marriage contract outside the KUA. This is influenced by several factors, first; the sacred factor; Second, the ease of implementation factor; third, elements of customs and culture; fourth, avoiding bad prejudice from the community, so that many residents prefer to carry out the marriage contract outside the KUA rather than at the KUA.
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Sobolev, S. A. "THE SUBJECT AND CONTENT OF LAW IN THE STUDY OF CONTINUITY AND DISCONTINUITY OF THE HISTORY OF LABOR LAW IN RUSSIA." Bulletin of Udmurt University. Series Economics and Law 31, no. 6 (December 3, 2021): 1065–71. http://dx.doi.org/10.35634/2412-9593-2021-31-6-1065-1071.
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The article attempts to investigate general and particular issues of the social development of the domestic legal system in the modern knowledge of its history from a general theoretical standpoint on the example of a specific legal discipline - labor law. The problem of methodological order is considered when there is a confusion of law as an object of cognition with a real reflection of the formation and social development of its subsystems or structural components, which receive study at the sectoral level. Labor law is analyzed as a subsystem or the most important structural component of the legal system, while scientific research on various aspects of the history of labor legislation goes beyond the modern industry and academic discipline. The problem of the methodological order is the continuity and discontinuity of the very course of development of the domestic system of law and branches of law of the Russian Empire, the Soviet and modern periods. Attention is drawn to the fact that many modern labor law categories in the period before 1917 were absent in the legislation, but formed the content of legal acts and scientific research. In turn, labor relations were formalized by a contract of employment (personal employment), but the specifics of its regulation were determined by mining and factory legislation. Some problems of understanding the modern history of labor law are characterized, when in the general theoretical and branch educational and scientific literature on labor and civil law, concepts such as an employment contract and labor legislation are mixed, and labor law as a branch of law refers to private law. Based on the theoretical works of scientists of the Russian Empire, the Soviet and modern period, a combination of private law and public law foundations of labor law is shown.
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Rădulescu, Dragoş Lucian. "ASPECTS REGARDING THE LEGALITY OF THE DISMISSAL DECISION." JUS ET CIVITAS -A Journal of Social and Legal Studies 8(72), no. 2 (2022): 30–36. http://dx.doi.org/10.51865/jetc.2021.02.05.
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Dismissal is the legal institution that, on the initiative of the employer or for reasons related to the employee, causes the termination of the individual employment contract. In case of application of the provisions of art. 65 of the Labor Code, regarding the termination of employment for reasons not related to the person of the employee, the topic is of the utmost relevance, in the current economic context. The legality of such a dismissal decision will relate to the existence of a real and serious cause, thus eliminating the possible subjective conduct of employers, not accepting the absence of the actual cause or the elements that define discrimination in employment relationships. The article discusses the conditions of legality of a dismissal decision leading to the termination of employment, as well as the accepted motivation, with reference to opinions in legal doctrine and practice.
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ÇAM, Gül Ecem. "Exporting Workers: The Turkish Case." Turkish Journal of Diaspora Studies 1, no. 2 (September 30, 2021): 162–64. http://dx.doi.org/10.52241/tjds.2021.0029.
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Since 1961, worker export flows have been a prominent aspect in most European countries, notably Germany, in the case of Turkey (p. 111). These flows mainly occurred from less developed countries to developed countries (p. 13) and most foreign workers were temporarily imported with no promise of permanent settlement (p. 5). Exporting Workers: The Turkish Case by Suzanne Paine uses surveys and reports to examine the social and economic situations of workers who migrated to Germany as guest workers under the Gastarbeiterprogramm labor migration contract signed between Turkey and the Federal Republic of Germany. The book widely reviews the process of migration and contains aspects of before, during, and after their migration. The German Federal Labor Office and the Turkish State Planning Organization are the two main reference sources. This research aims to analyze the impact of the worker export contract between Turkey and Germany on Turkey’s economic development and on the life of migrant workers (p. 8). The research combines quantitative and qualitative analysis with coherent methodology throughout its five chapters.
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Vel’misova, D. V. "Value and motivational aspects of employee personality in the monetary and financial sector." Economics and Management, no. 6 (August 28, 2019): 95–101. http://dx.doi.org/10.35854/1998-1627-2019-6-95-101.
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The presented study examines the value and motivational aspects of employee personality in the monetary and financial sector in 2017–2019.Aim. The study aims to perform a sociological analysis of value and motivational aspects and to substantiate their regulatory role in improving employee performance in the monetary and financial sector.Tasks. Based on the proposed methodology for the diagnostics of the value and motivational aspects of employee personality in the monetary and financial sector, the author performs an empirical analysis of the professional activity of different employee categories, identifies the major orientations and preferences, and develops a five-step plan to improve employee motivation in professional activity.Methods. The theoretical and methodological basis of this study includes findings of Russian and foreign authors in the field of value systems, motives, personal priorities, their formation, dynamics, and impact on individual and social development.Results. The study determines the essence of value and motivational aspects; develops a refined methodology for the diagnostics of the value and motivational aspects of employee personality in the monetary and financial sector; performs a comparative analysis of value and motivational aspects, including detection of statistically significant differences depending on employee affiliation with professional qualification and status groups; identifies patterns in the dynamics of the value-semantic space of monetary and financial organizations in the field of social and labor relations.Conclusions. The main conclusion to be drawn from this study is that the structure of value and motivational aspects, which are an attribute of the quality and performance of employee labor in the monetary and financial sector, differs significantly depending on employee affiliation with a certain status or professional qualification group. Analysis, modeling, and monitoring of the value and motivational aspects that characterize certain social and professional roles, interpretation of this information and its application in the regulation of social and labor relations are the crucial componentsof management of labor quality and organizational performance.
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Kolyev, А. А., and M. V. Sukhareva. "Legal and organizational aspects of marketing in penitentiary institutions." Penitentiary science 13, no. 3 (December 9, 2019): 386–91. http://dx.doi.org/10.46741/2686-9764-2019-13-3-386-391.
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The aim of this study is to consider the features of marketing activities in the penal institutions in a legal and organizational perspective, the subject is marketing activities in the penal system as a complex of organizational, production and commercial marketing activities. The article considers the results of reforming the industrial sector of the penal system, the process of formation of labor adaptation centers for convicts and production (labor) workshops, the relevance of the development of marketing activities in the penal system; a description of the problems of organizing production, including marketing, activities in the institutions of the penal system, related to the implementation of the provisions of the Federal Law dated 05.04.2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” and other legal acts. The main result of the study is the development of proposals aimed at changing the regulatory framework and the implementation of organizational measures to increase the level of employment of convicts, the effectiveness of marketing and production activities of penal institutions. The experience presented can be used by specialists and heads of institutions and bodies of the penal system dealing with the organization of production and marketing activities as well as scientists conducting research in this area.
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Kyselova, O. I., and K. O. Nadtochiy. "Features of legal regulation of labor of medical workers." Legal horizons, no. 24 (2020): 35–40. http://dx.doi.org/10.21272/legalhorizons.2020.i24.p35.
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The work of health care workers is associated with great physical and emotional stress, the need in some cases to work in difficult and life-threatening conditions. This determines some features of the legal regulation of labor relations in this area of activity: additional requirements when concluding an employment contract, preferential working hours and rest time, special rules for part-time work, etc. The specificity of the legal status of medical workers as subjects of labor law is due to both general rules and special regulations on various aspects of their activities. In addition to the general provisions of the Labor Code of Ukraine, the provisions of the law "Fundamentals of the legislation of Ukraine on health care", as well as a number of other regulations apply to medical workers who carry out professional activities. The article describes the regulations governing the employment of health workers, identifies the role of the employment contract in regulating their work, analyzes the features of the legal status of health workers as a subject of labor relations, and identifies a set of problems that arise in health care workers. in the performance of their duties. This topic is of interest not only from a scientific but also from a practical point of view, which necessitates detailed, thorough legal regulation of the work of medical workers and a more careful attitude of the legislator to this area. The urgency of the topic is due to the role of health professionals in the realization of the right of everyone to health care, guaranteed by Art. 49 of the Constitution of Ukraine.
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KOBOZEVA, Darya. "Pensioners in the labor market: a secondary analysis of a sociological research of the All-Russian Center for the Study of Public Opinion." Vestnik BIST (Bashkir Institute of Social Technologies), no. 1(50) (March 31, 2021): 93–98. http://dx.doi.org/10.47598/2078-9025-2021-1-50-93-98.
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Modern trends in the field of social and labor relations, and, above all, aspects of pension reform, have significantly affected the position of citizens of late working age in the labor market. Given that the right to work is an inviolable civil right, the desire of many thousands of people to work should be considered as an important aspect of state and demographic policy, and employment policy, and in general — the socio-economic policy of the state. The article presents data reflecting the results of a secondary analysis of the results of a large-scale sociological study of A-RCPOR on the prospects of employment of citizens of retirement age. The study shows the attitude of citizens to work after reaching retirement age and their willingness to continue to perform their work duties.
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Fedchenko, A., E. Dashkova, and N. Dorokhova. "The Trajectory of Development of Social Partnership." World Economy and International Relations 65, no. 2 (2021): 117–24. http://dx.doi.org/10.20542/0131-2227-2021-65-2-117-124.
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Profound changes in the social and labor sphere are followed by both emergence of the new opportunities associated with the development of flexible forms of employment, expansion of opportunities for employment, humanization and digitization of work, and the emergence of new threats: the occurrence of such phenomena as employment preсarization, growth of the informal components in the labor relations, distribution of practice of bringing the labor relations to the civil legal area, and so on. As a result, controversies between the main participants of the social and labor relations grow. An effective and worldwide recognized mechanism of resolving them is the social partnership which has the deep historical roots going back to outstanding thinkers of antiquity. During later historical periods the ideas of social partnership gained development in the works of domestic and foreign scientists, public and statesmen. In the Russian Federation social partnership has the specific trajectory of development which has developed under the influence of both historical and modern factors. The carried-out analysis allowed to reveal the following problems of formation and development of the social partnership system in the Russian Federation: sociocultural features, weakness of the trade-union movement, development of non-standard forms of employment, differentiation of the income of the population, low interest of the government. The designated problems which are slowing down the process of transition of the social and labor relations to partner type are manifested both on federal, and on regional levels. To research the extent of development of collective contract regulation and identification of the problems which take place in the system of social partnership at the local level sociological survey of workers of a number of the Russian organizations was performed. As a result, it was found that collective contract regulation of the social and labor relations in the Russian Federation at the local level demands improvement. The main problems of system of social partnership at the local level are: weak knowledge of trade-union members concerning the activity of those organizations, especially at the sectoral, regional, and territorial levels; unwillingness to resolve the issues of social and labor regulation at the organizational level without governmental support and lack of the developed practice of conducting collective negotiations; passivity and weak motivation of trade-union members in protection of their labor rights; weak feasibility of practical implementation of the collective agreement provisions. The results of the theoretical and empirical researches allow to predict the trajectory of further development of social partnership consisting in strengthening of the social component due to the extension of the database concerning the problems of the social partners.
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Barszcz, Patryk. "Generation of Millennials on the labor market. Win or lose generation?" Studia z Teorii Wychowania XI, no. 1 (30) (June 1, 2020): 37–58. http://dx.doi.org/10.5604/01.3001.0014.1967.
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This article presents the casus of Millenials generation in labour market. The topic of this article is situated in aspects of generation and it is connected with such sociological subdiscipline as: sociology of education, youth and sociology of work. In this article, it was presented the current generation in society such as: Traditionalist generation, Baby Boomers, X generation, Y generation, XD generation in terms of characteristics of its in labour market. The main aim of this work was to present characteristic of Millenials generation in comparision to other current generations in social life and job market, such as: social change, edycation, job, loyality to employer and attitude to new technology. The main interest was advantages and disadventages of Millenials, opportunities and dangers in job market. In sum up, Author try to answer to question in title of article: Is it a generation of winners or losers?
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Alpa, Guido. "The Making of Consumer Law and Policy in Europe and Italy." European Business Law Review 29, Issue 4 (July 1, 2018): 589–611. http://dx.doi.org/10.54648/eulr2018023.
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Before the creation of the European Economic Community in 1957 the Italian legal system did not know the notion of consumer in its legal meaning: “consumer” was a sociological and economic concept. Buyt for a quotation of this term in the Report made in 1942 by the Minister of Justice to the King concerning the presentation of the new Civil Code no statute had any reference to it. Only with the enactement of EC directives in different fields and only with the development of products liability the notion of consumer began to be a solid concept with important legal aspects. Today consumers occupy a relevent place in themarket, in contract law, in tort law, and also in competition law, and concumers associations are strong counterparties of entrepreneurs.
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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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Pritvorova, T., and A. Kokkozova. "Social workplaces in the public employment program: performance factors and methods for improvement." ECONOMIC SERIES OF THE BULLETIN OF THE L.N. GUMILYOV ENU, no. 3 (2022): 72–84. http://dx.doi.org/10.32523/2789-4320-2022-3-72-84.
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Regulation of the level of employment through targeted programs is a current task of public administration, aimed at ensuring a sustainable social effect for the applicant in the form of employment. The purpose of the article is to identify objective and subjective factors influencing the final results of the project "Social workplaces". The research methodology is based on a sociological survey of 206 respondents one year after leaving the project. The results were processed by the method of structural modeling in the PLS-PM program. This method allows the evaluation of complex causal patterns with hidden variables that are significant but not observable. The results showed that the factors of an employee’s competitiveness influence their current labor contract two times stronger than the factors of the project. There is correctly selected interdependence of events revealed that the passive motivation of the participant at the start changes if the trajectory of participation. and is achieved in a sustainable social effect.
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Osipova, S. V. "Certain aspects of the legal regulation of remote work." Juridical Journal of Samara University 8, no. 3 (January 18, 2023): 54–60. http://dx.doi.org/10.18287/2542-047x-2022-8-3-54-60.
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The article deals with topical problems of legal regulation of remote work, the regulation of which has undergone significant changes in recent years. Attention is drawn to the fact that one of the signs of remote work is the performance of a labor function by an employee outside the territory or facility of the employer, and to the debatability of the issue of determining the workplace of a remote worker. It is noted that despite the application of general rules, changing the employment contract with a remote worker has its own characteristics. First of all, this is the possibility of concluding an appropriate additional agreement by exchanging electronic documents. Various options for such changes are being explored: the transfer of an existing employee to a remote form of employment, the abolition of remote work and return to the office, the establishment of hybrid employment, etc. It is proposed to establish in the Labor Code of the Russian Federation a list of grounds, in the presence of which the employer, at the request of the employee, is obliged to transfer the employee to a remote work format, or an indication of the list of categories of employees. The problems of the mode and accounting of the working time of remote workers are considered. The conclusion is made about the prospects of remote work for professions, areas of activity that have the ability to work remotely.
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Fulfer, Katy. "Commercial Contract Pregnancy in India, Judgment, and Resistance to Oppression." Hypatia 30, no. 4 (2015): 846–61. http://dx.doi.org/10.1111/hypa.12179.
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Feminist scholars have done much to identify oppressive forces within transnational commercial contract pregnancy and its social context that may coerce women into becoming gestational laborers. Feminists have also been careful not to depict gestational laborers as merely passive victims of oppression, though there is disagreement about the degree to which contract pregnancy offers opportunities for agency. In this article I consider how women who sell gestational labor may be agents against their oppression. I make explicit connections between resistance and judgment, which I will take to be a critically considered, intersubjective evaluative claim. Drawing on work by Jennifer Nedelsky and Hannah Arendt, my main argument will be that individual judgments can better enable oppressed persons to resist some aspects of their oppression, and that judgment helps to (further) develop agential capacities, in particular, the capacity for a person to be self‐constituting, to see herself as giving reasons for her own actions. I use Indian contract pregnancy as a case study to think through connections between resistance and judgment.
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Горбунова, Быкова, Гагринская, and Калмыкова. "EFFICIENT INTERACTION EXPERIENCE BETWEEN HIGHER EDUCATION INSTITUTIONS AND REGIONAL EMPLOYERS IN “PERSONNEL MANAGEMENT”." Management of the Personnel and Intellectual Resources in Russia 2, no. 2 (April 10, 2013): 0. http://dx.doi.org/10.12737/278.
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Some aspects related to the concept of eff ective cooperation between employers and Personnel Management School of Science based on “Economics and Organization Management” Chair of SamSTU are considered in this article. The results of sociological research related to labor market and higher education, which allowed the authors to determine the most popular in innovation economy forms of cooperation between enterprises and high education institution during the training of students in “Personnel Management” direction, are presented. Comparing the world development trends, requirements of employers and state requirements for young professionals the authors emphasize a number of key requirements for bachelors in this direction.