Journal articles on the topic 'Labour rights'
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Ayuwat, Dr Dusadee, Wanichcha Narongchai, and Dr Somkiat Choosrithong. "LABOUR RIGHTS OF INFORMAL LABOUR IN RURAL KHON KAEN, THAILAND: THE HOME WORKERS PERSPECTIVES." JOURNAL OF SOCIAL SCIENCE RESEARCH 5, no. 1 (August 24, 2014): 649–57. http://dx.doi.org/10.24297/jssr.v5i1.3289.
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The objectives of this research were to study the home working production process and to study labour rights understanding of the home workers in the rural area of Khon Kaen province, Thailand via the qualitative research methodology. Data collection was based on an in-depth interview and observation to 18 home workers, which conducted during March August 2010. The content analysis was employed to data analysis. The results indicated that the formation of the home workers was driven by the demand from the producers from neighboring villages. These producers were operating within the chain of production associated with other producers from the central part. Due to their formation as a group, their existing skills in garment and tailoring, and their increased labor management skill, they had the ability to get order directly from the outside producers. Despite their limited negotiation capacity regarding benefits, the informal labours considered the home workers as economically rewarding and beneficial to their family. As regards understanding on the labour rights, the home workers define the labour rights as the right to social insurance, the right to safe work place, the right to medical services, and the right to increased wages. The majority of them had a limited understand about the labour rights as it was related to the rights and duty of the employees and employers.
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Holtz, Timothy H. "Labour rights are human rights." Lancet 353, no. 9156 (March 1999): 923. http://dx.doi.org/10.1016/s0140-6736(99)90058-2.
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Mantouvalou, Virginia. "Are Labour Rights Human Rights?" European Labour Law Journal 3, no. 2 (June 2012): 151–72. http://dx.doi.org/10.1177/201395251200300204.
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Robinson, Fiona. "Beyond labour rights." International Feminist Journal of Politics 8, no. 3 (September 2006): 321–42. http://dx.doi.org/10.1080/14616740600792871.
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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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Rym, O. M. "COLLECTIVE LABOUR RIGHTS AS THE PRINCIPLES OF THE EUROPEAN UNION LABOUR LAW." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 43–46. http://dx.doi.org/10.15421/391954.
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The article deals with certain aspects of collective labour rights in the European Union. Prerequisites and procedure of this rights guaranting as general principles of EU law are analyzed and their content is characterized. It is emphasized that such legal establishing took place somewhat haphazardly, both at the level of the acts of primary and secondary law of the European Union and in the case law. As a result, there is no single position on the spectrum of collective labour rights as principles of EU labor law. The author focuses on significant changes in the understanding of the necessity of cooperation of social partners and the extension of their interaction at the supranational level. It is under the responsibility of the European Commission to promote cooperation between Member States and to facilitate coordination of their activities in the field of the right of association and collective bargaining between employers and employees. The article clarifies the content of collective labour rights as general principles of EU law on the basis of EU legal acts, the case law of the Court of Justice of the European Union, as well as the scientific works of domestic and foreign scholars. It is noted that the system of collective labour rights, as general principles of EU labour law, consists of the right of collective bargaining and collective action, the right of employees to information and consultation within the enterprise, as well as the freedom of assembly and association. It is concluded that the necessity of cooperation between the social partners is recognized as one of the foundations of EU labour law. Herewith appropriate interaction is ensured through the normative-legal consolidation of collective labour rights and procedures for their implementation. After all, European Union legal acts allow employees and employers’ representatives to play an active role in regulating labour legal relations. For example, Member States may instruct employers and employees, upon their joint request, to implement Council directives or decisions. In addition, many directives contain warnings about the possibility of derogating from their provisions through the adoption of a collective agreement.
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Ziebertz, Hans-Georg, and Carla M. Ziebertz. "Labour Rights and the Impact of Human Dignity, Religious Belief and Perception of Society." Journal of Empirical Theology 29, no. 1 (September 23, 2016): 45–77. http://dx.doi.org/10.1163/15709256-12341337.
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The present study was part of a large research project on human rights. This paper focuses on attitudes towards labour rights of German adolescents (N = 2244) The labour rights under investigation are the right to work for everyone, the right to equal pay for equal work, the right to working hour limitations, the right to paid holidays, and the right to support for the unemployed. Although human rights in general are considered as universal, egalitarian and indivisible, attitudes towards these rights can be positive, negative or ambivalent, and may depend on the context. The aim of this study is to investigate adolescents’ attitudes towards labour rights, and to examine whether and which contextual factors are related to their attitudes towards labour rights. The contextual factors under examination were: human dignity, religious beliefs, the socio-political perception of society, and socio-demographic characteristics. The findings show that labour rights are very positively valued, except support for the unemployed. From all predictors the strongest is the understanding of human dignity as inherent to humans, followed by dignity through moral behaviour.
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Mishra, Lakshmidhar. "History of Labour Rights." Social Change 42, no. 3 (September 2012): 335–57. http://dx.doi.org/10.1177/0049085712454050.
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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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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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Hilgert, Jeff. "Mapping the Boundaries of Human Rights at Work." Labor Studies Journal 34, no. 1 (January 5, 2009): 21–38. http://dx.doi.org/10.1177/0160449x08328944.
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Over the past twenty years, International Labour Standards have been cited increasingly as the authoritative, worldwide body of jurisprudence on workers' rights as human rights. Continuing the debate on what constitutes labor rights, the author contrasts the definition of workers' rights under international human rights standards with U.S. labor history's notion of “pure and simple unionism,” examining the boundaries of rights defined by international standards in a comparative historical context. The standards examined include workers' right to organize; coercive employer speech; access to employer premises; nonmajority representation; the right to strike, picket, and boycott; union security clauses; the scope of bargaining; government enforcement; and the legal doctrine of employer association rights. Aligning U.S. labor relations law with international human rights standards would in part be a social advancement, but significant aspects of the standards advocate pure and simple unionism more than the original National Labor Relations Act, raising questions about how labor movements should use international standards as advocacy tools and public policy goals.
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Simutina, Y. V. "Limitation of labor rights under martial law." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 146–53. http://dx.doi.org/10.33663/2524-017x-2022-13-23.
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The author focuses on the issue of restrictions on particular rights and freedoms through the prism of the provisions of the Constitution of Ukraine and international legal acts, the peculiarities of the mechanism of limiting the right to work and the right to strike as well as the problems of their provision during a state of war. The introduction of the legal regime of martial law in Ukraine provided a legal opportunity to limit the number of individual and collective labour rights and human freedoms temporarily. As for the right to strike, in the conditions of martial law, its implementation is impossible at all, which allows us to assert not just about its limitations, but actually about the temporary cancellation of such a right. Based on the international legal and constitutional principles of limiting human rights, any restrictions must at least comply with the principles of legal certainty and predictability, the requirements of legality, necessity, proportionality, and be non-discriminatory. Despite this, the analysis of the legal regulation of restrictions on labour rights and guarantees in the conditions of martial law indicates the presence of individual both terminological and substantive contradictions and shortcomings of the legal acts by which such restrictions are introduced. With the adoption of the Law of Ukraine “On the Organization of Labour Relations in the Conditions of Martial Law”, which limits the number of constitutional rights and freedoms of a person and a citizen by Articles 43 and 44 of the Constitution of Ukraine, the problems of law enforcement in labour law became more acute due to the presence of several legal acts, which regulate relations in the labour sphere differently. Given this, one of the primary tasks of the state in the post-war future should be to fully restore and ensure the realization of constitutional human rights and freedoms, as well as human-oriented and effective reform of the social and labour spheres. Key words: labour rights, right to work, right to strike, restrictions of rights, martial law.
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Venkateswaran, C., M. Ramachandran, Ramu Kurinjimalar, Prasanth Vidhya, and Selvam Manjula. "Understanding Illegal and Migrant Labour laws." Recent Trends in Law and Policy Making 7, no. 1 (April 1, 2022): 1–6. http://dx.doi.org/10.46632/rlpm/1/1/1.
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Labour laws (also known as labour laws or employment laws) mediate the relationship between workers, the companies they work for, the unions, and the government. Collective law deals with the tripartite relationship between the employee, the employer and the unions. Four labor codes New labour laws limit the CTC's maximum base pay to 50 percent, which effectively increases employee bonuses. Under the new pay code, allowances will be calculated on a larger pay basis, including allowances such as basic pay and special payroll. There are two broad sections in labour law. First, collective labour law deals with the tripartite relationship between the employee, the employer and the unions. Second, personal labour law deals with the rights of employees through employment and employment contracts. Indicates the minimum requirements recommended by the General Labour Standards, current laws, regulations and wages, working hours, wages and other monetary and benefits specified by the Occupational Safety and Health Standards. The right to decent work and human rights are equal opportunities and the freedom of association to defend them Against discrimination. Related to the workplace In the workplace on specific rights Health and safety and Privacy at work Ownership includes. The agreed salary must be paid on the agreed date and at the agreed time. Adequate resources and equipment should be provided for him / her to do the work. There must be safe working conditions.
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International Labour Law Reports On, Editors. "BASIC RIGHTS PERTAINING TO LABOUR." International Labour Law Reports Online 36, no. 1 (November 15, 2018): 65–120. http://dx.doi.org/10.1163/22116028-90000152.
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Hepple, B. "Globalisation and Labour Rights. The Conflict between Core Labour Rights and International Economic Law." Industrial Law Journal 36, no. 4 (December 1, 2007): 491–92. http://dx.doi.org/10.1093/indlaw/dwm033.
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Wahyudi, Epri. "Kepemilikan Saham oleh Buruh sebagai Upaya Penegakan Sistem Ekonomi Pancasila." e-Journal Lentera Hukum 4, no. 2 (August 29, 2017): 109. http://dx.doi.org/10.19184/ejlh.v4i2.5294.
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This article discusses the conceptual idea in addressing the situation of workers in Indonesia who are perceived not to have the right to prosper in the work already owned. In economics, labours play an important role because they are the wheels in driving the production of goods and services. The unfilled labour rights to live prosperous is caused by the absence of their authority to contribute in determining a policy within a company. To overcome the imbalance of bargaining position between workers and employers, a regulation or policy is required to materialise access to share ownership within the company. By owning shares, workers have the right to convey ideas in determining company policy. In addition, labours will also easily access all company information including company report approval. It concludes that the ownership of shares by labours in the company is a necessity and an effort to realise Pancasila Economic System in order to fulfil the more substantive labour rights.
Keywords: Share Ownership, Labours, Pancasila Economic System
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Compa, Lance. "Pursuing International Labour Rights in U.S. Courts." Articles 57, no. 1 (July 24, 2003): 48–76. http://dx.doi.org/10.7202/006710ar.
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Summary Filing lawsuits in U.S. federal and state courts for workers’ rights violations suffered by workers employed by American corporations abroad is one of several strategies for promoting labour rights. Other strategies include use of labour rights mechanisms in GSP laws, in regional trade agreements like NAFTA and Mercosur, in corporate codes of conduct, in the ILO and other venues. To succeed, such suits must first overcome the strong presumption against extraterritorial effect of U.S. law. Other jurisdictional hurdles like “inconvenient forum” also require caution in bringing suits. However, several cases using common law tort and contract theories as well as international human rights law have recovered substantial actual and punitive damages for workers of U.S. multinational companies in several developing countries. With the right strategic choices, labour rights litigation can be an effective means of advancing workers’ rights in the global economy.
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Cremers, Jan. "The European Labour Authority and rights-based labour mobility." ERA Forum 21, no. 1 (February 14, 2020): 21–34. http://dx.doi.org/10.1007/s12027-020-00601-1.
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Abstract Regulation (EU) 2019/1149 establishes the European Labour Authority (ELA) as a decentralised operational EU-agency. The ELA has to help individuals and businesses to get most out of the opportunities offered by free movement and to ensure fair labour mobility. According to the Commission, it will serve the double mission of helping national authorities to fight fraud and abuse and making mobility easier for citizens. This article addresses existing problems with labour mobility and analyses reasons for insufficient compliance with local standards and other enforcement problems. The author reflects on the added value and future functioning of the ELA.
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Leighton, Patricia. "Labour Rights as Human Rights edited by Philip Alston." King's Law Journal 17, no. 1 (January 2006): 197–99. http://dx.doi.org/10.1080/09615768.2006.11427644.
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Филипова, Ирина, and Irina Filipova. "Settlement of Labour Disputes through Mediation: Current Status of Legislation, its Practical Application and Development Perspectives." Journal of Russian Law 4, no. 6 (May 30, 2016): 0. http://dx.doi.org/10.12737/19769.
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Russian legislation envisages the possibility of using mediation in labour disputes. At the same time, in practice mediation in labour disputes is rarely used. In legal literature, different reasons of this situation are identified: reluctance of the parties to pay for mediation, distrust of the mediator, absence of demand for mediation. It is important to understand that an employee is usually the initiator of a labour dispute. The author of this article believes that scarce application of mediation in the settlement of labour disputes lies in the high level of employees’ guarantees and rights in the Russian labor law and civil procedural law. First of all, the Labour Code provides plenitude of employee´s rights. If the employer violates these rights, the employee can go to court; the court will require the employer to restore the employee’s violated rights. Secondly, the employee is exempt from payment of judicial expenses. Thirdly, the employee may apply to the State Labour Inspectorate and the Prosecutor´s Office. Thus, the employee does not need the mediation procedure. It is more useful for employers, but employers have little knowledge about mediation. Foreign experience shows that for successful implementation of mediation in practice it is necessary to introduce the concept of mediation in labour legislation.
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Kadian, Tushar. "Need of Human Rights as a Better Way of Life." Think India 22, no. 3 (September 11, 2019): 72–83. http://dx.doi.org/10.26643/think-india.v22i3.8075.
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Actually, basic needs postulates securing of the elementary conditions of existence to every human being. Despite of the practical and theoretical importance of the subject the greatest irony is non- availability of any universal preliminary definition of the concept of basic needs. Moreover, this becomes the reason for unpredictability of various political programmes aiming at providing basic needs to the people. The shift is necessary for development of this or any other conception. No labour reforms could be made in history till labours were treated as objects. Its only after they were started being treating as subjects, labour unions were allowed to represent themselves in strategy formulations that labour reforms could become a reality. The present research paper highlights the basic needs of Human Rights in life.
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Andrew, Edward. "Inalienable Right, Alienable Property and Freedom of Choice: Locke, Nozick and Marx on the Alienability of Labour." Canadian Journal of Political Science 18, no. 3 (September 1985): 529–50. http://dx.doi.org/10.1017/s0008423900032443.
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AbstractThis article attempts to illuminate a contradiction at the heart of the notion of natural rights. Natural rights are commonly thought to be both inalienable and the property of individuals. As the right or the law is privatized as my rights, her rights, our rights or their rights, rights come to be viewed as personal properties. A distinction is made between personal possession and private property (which entails the title to alienate what is owned) in order to speak significantly of our possession of inalienable rights. For Locke, we possess an inalienable right to life and liberty precisely because we do not own our lives and liberties. Moreover, we can alienate our person, or our ability to labour, precisely because it is our private property. For Nozick, rights are individual properties. Thus, for Nozick as distinct from Marx, one has the right to sell anything (one's life, liberty, labour or soul) at the market price.
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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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Остапенко, Ю. О. "EXPANSION OF REGULATORY POSSIBILITIES FOR THE IMPLEMENTATION OF LABOR RIGHTS BY HOMELANDS." Juridical science, no. 3(105) (March 30, 2020): 482–87. http://dx.doi.org/10.32844/2222-5374-2020-105-3.59.
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The article focuses on determining the prospects of expanding regulatory opportunities for homeworkers’ labour rights implementation in Ukraine. While analyzing critically the current labour legislation and drafts of laws on labour, we can conclude that most of norms, which regulate home-based work, are of the declarative character as they do not contain any mechanism of implementing standards and rules established by this act. The author proposes to supplement the current Labour Code of Ukraine by the specific Chapter “Atypical Employment”, which would include the Article “House-based Work and Homeworkers”. In this article it is advisable: to formulate a definition of the “house-based work” concept; to reinforce the warning about extending the labor rights of typical employees to homeworkers; to determine the role of an employment contract on home work in the emergence of labor relations with a homeworker; to outline the essential terms of an employment contract for house-based work; to determine what conditions of an employment contract for for house-based work may be additional; to resolve the issue of organizing the work process of the homeworker and checking the conformity of the living conditions of citizens who have expressed a desire to work at home; to settle the issues of use and depreciation of tools and means of the homeworker’s labor. Conclusions generalize the results of the research.
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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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Lanjwani, Bisharat Ali, Fehmida Aslam, and Anwar ul Mustafa Shah. "Status of International Labour Standards in Brick Kiln Industry of Pakistan." I V, no. I (March 30, 2020): 349–59. http://dx.doi.org/10.31703/ger.2020(v-i).29.
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This research article attempts to investigate "State of Implementation of International Labour Organization (ILO) Labour Standards in Brick Kiln Industry of Pakistan". Based on qualitative methods, this research/investigation has tried to understand different processes and mechanisms through which the government of Pakistan is fulfilling its international obligation i.e., provision of Core Labour Rights to the workers of brick kiln industry in the country. From all its Conventions, ILO has picked 8 Conventions and grouped them under four most basic human rights as which include Conventions 87 and 98 as "The right to organize and engage in collective bargaining", Conventions 100 and 111 as "The right to equality at work", Conventions 138 and 182 as "The abolition of child labour" and Conventions 29 and 105 as "The abolition of forced labour". To investigate the state of implementation of ILO Labour Standards, six districts were chosen from four provinces of Pakistan. Through focused group discussions and in-depth interviews, data was collected from brick kin workers, brick owners, labour activists, trade unionists, labour lawyers and officials of the labour departments.
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Gereluk, Winston, and Conor Foley. "Global Trade, Labour and Human Rights." Labour / Le Travail 50 (2002): 371. http://dx.doi.org/10.2307/25149317.
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Spencer, Robert. "Reworking postcolonialism: globalization, labour and rights." Journal of Postcolonial Writing 52, no. 5 (December 2015): 634–35. http://dx.doi.org/10.1080/17449855.2015.1110370.
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Palmer, Stephanie. "Human Rights: implications for labour law." Cambridge Law Journal 59, no. 1 (March 2000): 168–200. http://dx.doi.org/10.1017/s0008197300000064.
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The author considers the potential of the Human Rights Act to influence the future of labour law. First, the development of common law can be based on fundamental human rights principles. Statutory interpretation of employment legislation can also be grounded on this potentially more principled approach. Second, the new legislation may hasten the development of a common law of privacy and provide greater protection for expression of political and religious views in the employment context. Third, it changes the criteria against which the propriety of restrictions in the employment relationship should be judged. It is likely that in judicial review cases the more rigorous proportionality standard rather than the Wednesbury unreasonableness test will be used. Finally, the effective application of human rights in the private sphere is likely since the Convention case-law, the debates in Parliament and the Act itself strongly suggest that the Convention rights will have an indirect effect. The domestic courts must take the opportunity to develop their own human rights standards.
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Zhuqing, Wang. "Women and labour rights in China." International Journal of Innovation and Sustainable Development 4, no. 2/3 (2009): 186. http://dx.doi.org/10.1504/ijisd.2009.028072.
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Porter, Karen. "Commentary Children's Work, Children's Rights." Practicing Anthropology 24, no. 1 (January 1, 2002): 37–38. http://dx.doi.org/10.17730/praa.24.1.e404856244179226.
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Most people would agree that enslaving children or forcing them to work in sweatshops or brothels are morally reprehensible practices. Yet the number of children laboring in hazardous and exploitative conditions around the world continues to grow. In June 1998, the International Labour Organization reported that, in the developing countries, some 250 million children aged 5 to 14 work— 120 million of them full time. Outlawing child labor may seem to be the obvious solution, but it is not the best way to protect children.
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Kasuso, Tapiwa Givemore. "Revisiting the Zimbabwean Unfair Labour Practice Concept." Potchefstroom Electronic Law Journal 24 (December 8, 2021): 1–27. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a9016.
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The 2013 Constitution of Zimbabwe entrenches the broad right to fair labour practices. The right is given effect to in Part III of the Labour Act (Chapter 28:01), which provides an exhaustive list of unfair labour practices which can be committed by employers, trade unions, workers' committees, and other persons. The Labour Act predates the 2013 Constitution. The constitutionalisation of the right to fair labour practices necessarily carries with it the attendant difficulties of reconciling the new rights and the pre-existing regulatory framework. This article seeks to contribute towards a practical understanding of the Zimbabwean unfair labour practice concept in the light of the constitutionalisation of the right to fair labour practices. It explores the nature and scope of the concept of unfair labour practice and examines its relationship with the constitutional right. Further, the contribution critiques the formalistic and conservative approach adopted by the Constitutional Court in explaining this relationship. The article commences with a brief discussion of the origins of the concept and its reception in Zimbabwean labour law. Following from this, the contribution critically analyses the unfair labour practice concept from statutory and constitutional perspectives. It argues for an expanded paradigm of the concept. This can be achieved if the judiciary moves away from pedantic approaches to the interpretation of labour rights. Therefore, the clarion call is for a purposive and expansive interpretation of the right to fair labour practices, which promotes constitutionalism. In addition, the contribution calls upon the legislature to reconsider the viability of the exhaustive list of unfair labour practices in Part III of the Labour Act, given the constitutionalisation of the broad right to fair labour practices.
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Budiono, Abdul Rachmad. "Hak Kebebasan Berserikat Bagi Pekerja Sebagai Hak Konstitusional." Jurnal Konstitusi 13, no. 4 (December 20, 2016): 788. http://dx.doi.org/10.31078/jk1345.
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Article 28E paragraph (3) of the 1945 Constitution of the Republic of Indonesia guarantees the right of everyone to freedom of association, assembly, and to express opinions. Thus, the right of workers or labours to freedom of association is guaranteed by the Constitution. The principle which is embedded in the 1945 Constitution has been incorporated into Law Number 21 Year 2000 concerning Labour Union. The substance of the rights to freedom of association aims to give bargaining power to workers represented by the union against employers. The bargaining position of labour unions is expected to improve the functioning of the unions to defend the interest of workers.
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Amon, Joseph J., Jane Buchanan, Jane Cohen, and Juliane Kippenberg. "Child Labor and Environmental Health: Government Obligations and Human Rights." International Journal of Pediatrics 2012 (2012): 1–8. http://dx.doi.org/10.1155/2012/938306.
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The Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour was adopted by the International Labour Organization in 1999. 174 countries around the world have signed or ratified the convention, which requires countries to adopt laws and implement programs to prohibit and eliminate child labor that poses harms to health or safety. Nonetheless, child labor continues to be common in the agriculture and mining sectors, where safety and environmental hazards pose significant risks. Drawing upon recent human rights investigations of child labor in tobacco farming in Kazakhstan and gold mining in Mali, the role of international human rights mechanisms, advocacy with government and private sector officials, and media attention in reducing harmful environmental exposures of child workers is discussed. Human rights-based advocacy in both cases was important to raise attention and help ensure that children are protected from harm.
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Sydorenko, Anna, and Inna Polkhovska. "INTERNATIONAL STANDARDS REGULATING LABOUR OF UNDERAGE WORKERS." Scientific Journal of Polonia University 46, no. 3 (November 12, 2021): 179–89. http://dx.doi.org/10.23856/4623.
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The paper presents an analysis of the international standards governing child labour. It is determined that the right to work is every able-bodied person’s inalienable and indispensable right. Under current conditions of social development, the issues of legal regulation of labour of specific categories of workers are becoming of vital importance. It is proved that their regulation is based on differentiation which is defined by the extension of children rights. It is researched that in legislation of most countries, regulation of child labour is allocated in a separate institute whose rules, to a greater extent, correspond to international standards. It is determined that all countries should take measures to protect children’s rights and freedoms in the exercise of their right to work. It is proved that the acts of the European Union contain a specified list of children’s rights which should be the basis for developing and enhancing national labour legislation. It is determined that labour law, as well as any field of law, is distinguish by unity and differentiation. Unity is characterized by spreading labour law rules for all workers without exception, and differentiation of legal regulation of labour is characterized by the specification of the rules governing labour of specific categories of workers. It is investigated that differentiation of child labour is based on a subjective feature and is determined by the age, physiological, psychological and social factors. It is determined that differentiation of labour of this category of workers implies providing them with additional social and labour guarantees, as well as the use of restrictions and prohibitions when performing certain types of work. It was researched that the main criterion for child labour is differentiation of their age and working conditions. Their basic requirements are established by international rules and implemented in the national legislation.
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Munir, Abdul. "KAPITALISME DAN REGULASI KETENAGAKERJAAN; SEBUAH MANIFESTO BAGI PERJUANGAN KAUM BURUH." SISI LAIN REALITA 1, no. 1 (June 15, 2016): 08. http://dx.doi.org/10.25299/sisilainrealita.2016.vol1(1).1397.
Full textAbstract:
The employemeent policy that included within the government regulation of employemeent and the another point inside it, becoming a new basic issue about the labour themself. As well as the outsourcing methods being implemented, the works relationship between labours and the one who hired them, dominantly just ended up to discrimination and exploitation to the labour rights such as: overtime payment, standart fee, the lengthen of contract fee, welfare, also the forbid about going into such thing like independent comittee of labourship.That logical point as well going to becoming a fundamental reason for the labour repressive movement into the street, to claim their rights, and express their disagremeent from the employeement policy that they claim as the reason about the abuse of their rights just like what has written before.
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Shirzad, Morteza. "Should a Human Right Discourse be Applied to Labour Standards?" European Journal of Social Sciences Education and Research 4, no. 1 (August 30, 2015): 75. http://dx.doi.org/10.26417/ejser.v4i1.p75-80.
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Whether a rights discourse should be applied to labour standards, entails addressing two issues. Firstly, what are the philosophical grounds for labour rights and whether they are human rights at all? Even if they cannot be regarded as human rights, should they be applied strategically? While, there is no single comprehensive theory identified to provide sufficient grounding for all labour rights, this paper argues, firstly, that labour rights certainly lack characteristics of universal human rights since they are time-bound and place-bound. Secondly, while recognising the relatively large strategic turn to human rights discourse by labour scholars and labour organisations, this paper argues that this is not a universally applicable strategy and in fact in some contexts application of human rights discourse is counterproductive. The paper, thus, concludes that not only deploying human rights approaches when it comes to countries authoritarian contexts are not effective, but also it is highly likely to be counterproductive, since human rights discourse needs public rights awareness public and authoritarian contexts lack this awareness.
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Bavaro, Vincenzo, and Vincenzo Pietrogiovanni. "A hypothesis on the economic nature of labour law." European Labour Law Journal 9, no. 3 (September 2018): 263–86. http://dx.doi.org/10.1177/2031952518799761.
Full textAbstract:
This article aims to introduce in the scientific debate on the future of EU labour law and its relationship with human and fundamental rights, a redefinition of the collective labour rights in terms of ‘collective labour freedoms’. This redefinition is undertaken in different steps and initiates from the so-called ‘Laval doctrine’ that has emancipated the economic freedoms (mainly referred to as the freedoms of the employers) from the social rights (mainly referred to as the rights of workers and trade unions): collective labour freedoms do not question the outcome of the balance struck by the CJEU but the possibility of balancing per se. In order to do so, this contribution proposes a different methodology that synthesises a socio-historical analysis of social rights as materially considered and acted by social partners with a positive reading of fundamental charters and constitutions in which the freedom of association, the right to collective bargaining and industrial action are recognised as tools to regulate the interests of a social and economic nature (in form of an inseparable hendiadys) pursued by both sides of the labour market, employers and employees. Collective labour freedoms underline the inherent economic nature of labour law and, in line with the theoretical framework (but opposite in terms of political goals) with the German ordoliberals, they do not deny the freedom of market; moreover, they are valuable entitlements to achieve the social market economy as enshrined in Art. 3(3) of TEU. The article finally presents a possible outcome of the proposed methodology with an example taken from a pivotal case from the Italian Supreme Court on the limits to the exercise of the right to strike in non-standard forms.
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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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Acciari, Louisa. "Decolonising Labour, Reclaiming Subaltern Epistemologies: Brazilian Domestic Workers and the International Struggle for Labour Rights." Contexto Internacional 41, no. 1 (April 2019): 39–64. http://dx.doi.org/10.1590/s0102-8529.2019410100003.
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Abstract This study explores the labour rights discourse produced by Brazilian domestic workers. It shows that the 2015 Brazilian legislation which extended labour rights to domestic workers was not simply a ‘boomerang effect’ of ILO Convention 189 on decent work for domestic workers, or a case of the ‘vernacularisation’ of global rights. Indeed, domestic workers have agitated for equal labour rights since 1936, and articulated the specific rights contained in the new legislation decades before their institutional recognition. Therefore, rather than being an instance of the translation of pre-existing global frameworks at the local level, the case of domestic workers demonstrates the ability of subaltern groups to transnationalise their demands, suggesting that the global South should not be conceived only as a place of rights reception, but also as a place of rights production. In this context, I trace the genealogy of the labour rights discourse as imagined and mobilised by domestic workers in Brazil, and examine the ways in which they have travelled between their subaltern location, the Brazilian state and the international agenda about ‘decent work.’
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Muqtafiah, Muqtafiah, and Maulana Surya Kusumah. "Labour Knowledge Construction Regarding Labour Rights (Study of FSPMI in Labour Movement at Pasuruan)." Jurnal ENTITAS SOSIOLOGI 8, no. 1 (February 4, 2019): 58. http://dx.doi.org/10.19184/jes.v8i1.16647.
Full textAbstract:
Demonstrations carried out by workers represent the construction of labor awareness. FSPMI supports the awareness-building process. The researcher focused this research on how awareness construction was carried out by FSPMI. FSPMI not only mobilizes workers to carry out demonstrations but also builds labor' awareness regarding labor rights, work relations, both related to regulations and systems or other labor issues. By using a qualitative research design, the description or review provided is descriptive. Researchers also use the constructivist approach. This constructivism approach becomes essential because to know about how the construction process is carried out by FSPMI, a further and in-depth approach is needed. The results showed that the process of building labor' awareness in the FSPMI labor association was carried out through education. FSPMI carried out its activities through several stages called (CLA) concept-lobby-action. The construction produced through education makes labors more aware of their rights and is also involved in politics. Construction carried out through education has created critical awareness of workers.
Keywords: Awareness Construction, Labor Rights, Labor Movement, Role of FSPM
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Simutina, Yana. "Current Challenges of the Labour Law of Ukraine: On the Way to European Integration." Juridica International 27 (September 30, 2018): 88–93. http://dx.doi.org/10.12697/ji.2018.27.09.
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The article describes the main challenges facing labour law and its practice in modern conditions. In particular, the author concludes that the long and complex process of codifying the labour laws of Ukraine has, regrettably, not yet achieved its main objective – namely, to bring radical change from the old model of socialist labour. The draft Labor Code submitted for consideration would, in reality, introduces some cosmetic changes, which lack the ability to modernise Ukrainian labour law. It is emphasised that in the context of Ukraine’s European integration and the rapid development of innovative information technology, labour legislation should take into account and, in fact, legalise long-standing practices in atypical employment relationships, so as to ensure labour rights and guarantees for persons involved in such activities. The author presents various elements as necessary: revision to the legislative definition of an employment contract, further differentiation and clarification in the legal regulation of labour relations, and rejection of these relations’ ‘excessive regulation’. Also proposed is an approach that renders labour relations more flexible while maintaining and ensuring the fundamental rights of employees.
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Mon, Myat. "Burmese labour migration into Thailand: governance of migration and labour rights." Journal of the Asia Pacific Economy 15, no. 1 (February 22, 2010): 33–44. http://dx.doi.org/10.1080/13547860903488211.
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UDDIN, MOIN, Md Zahidul Islam, and Md Salah Uddin. "IMPLEMENTATION OF THE CORE INTERNATIONAL LABOUR RIGHTS REGIME IN BANGLADESH GARMENTS INDUSTRIES AND ITS CHALLENGES." Journal of Asian and African Social Science and Humanities 8, no. 3 (September 30, 2022): 42–54. http://dx.doi.org/10.55327/jaash.v8i3.275.
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The theory of ‘core labour rights’ is the well-known set of universally established minimum best practices and safeguards in respect of some basic labour standards. known as core labour standards in the world economy. This concept is devoted by ILO to promote or establish social justice and labour rights to recognise labours peace which is the most crucial part of the economic prosperity. The implementation of these measures ensures the benefits of the majority workers, rather than the rich only. This study has been prepared to examine the key challenges in implementing the international labour standards in Bangladesh garments sectors. The fundamental labour laws of Bangladesh are designed in accordance with principles of ILO, but non-enforcement of domestic regulations indicates disobedience with international core labour standards and ILO conventions too. The qualitative method has been used in the gathering and the analysing of data of this research. This study has found that most of the rules and regulations of labour laws of Bangladesh are followed by ILO standards. However, their practical approaches show an indication of dismay. Thus, it is submitted that the local jurisdiction of Bangladesh has a poor application of international core labour standards and the ILO conventions which causes uncountable dilemmas to the humanity and the peaceful garments industries. This study has suggested that the government must take necessary steps to implement core international labour standards effectively in domestic legal system and carry out a proper observation to establish social justice and peaceful garments industries in Bangladesh.
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Christianakis, Mary. "Victimization and Vilification of Romani Children in Media and Human Rights Organizations Discourses." Social Inclusion 3, no. 5 (September 29, 2015): 48–63. http://dx.doi.org/10.17645/si.v3i5.250.
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Through an analysis of European newspapers, human rights organization reportage, and United Nations documents and websites, this article examines how public discourse regarding education, human rights, poverty, child rearing, and child labour manufactures a dangerous, implausible childhood for Romani children. These discourses, perpetrated by human rights organizations and news media, leverage the languages of intervention, cultural difference, nationalism, and social justice to simultaneously victimize and vilify Romani children, rendering them incapable of experiencing humane childhoods. Employing critical discourse analysis and systemic functional grammar analysis, the proposed article seeks to disentangle the discourses of human rights for Roman children from the assimilationist arguments aimed at compulsory schooling and Eurocentric family and labour practices rooted in access to middle class dominant labor markets.
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Steinberg, Marc W. "“The Great End of All Government…”: Working People's Construction of Citizenship Claims in Early Nineteenth-Century England and the Matter of Class." International Review of Social History 40, S3 (December 1995): 19–50. http://dx.doi.org/10.1017/s0020859000113598.
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In the heat of the battle for parliamentary reform William Cobbett preached to the working people of England in his inimitable blustery dictums. “[I]f you labour honestly,” he counselled, “you have a right to have, in exchange for your labour, a sufficiency out of the produce of the earth, to maintain yourself and your family as well; and, if you are unable to labour, or if you cannot obtain labour, you have a right to maintenance out of the produce of the land […]”. For honest working men this was part of the legacy of constitutional Britain, which bequeathed to them not only sustenance but, “The greatest right […] of every man, the right of rights, […] the right of having a share in the making of the laws, to which the good of the whole makes it his duty to submit”. Nonetheless, he warned, such rights could not legitimately negate the toiling lot that was the laborer's fate: “Remember that poverty is decreed by the very nature of man […]. It is necessary to the existence of mankind, that a very large proportion of every people should live by manual labour […]”.
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Hryshyna, Yu, and G. Chanysheva. "Main trends in the development of labour law under the conditions of martial state." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 376–81. http://dx.doi.org/10.24144/2307-3322.2022.71.64.
Full textAbstract:
The article emphasizes the role and importance of labour law as one of the fundamental branches in the legal system of Ukraine. Labour law is distinguished from other branches of law, first of all, by its social focus. In the conditions of martial law, labour law remains the guarantor of ensuring the labour rights of employees and employers and does not change its essence, social significance and social purpose.
The main task of modern labour law in the conditions of martial law, as in peacetime, remains the development of an effective sectoral mechanism for ensuring the labour rights, freedoms and interests of employees and employers. It is about the proper establishment of the list of basic labour rights of the employee and the employer at the legislative level in accordance with international and European standards, as well as guarantees of their implementation, forms, methods and means of protection.
Based on the analysis of the content of legislative acts adopted under martial law, the following main trends in the development of modern labour law in a special period have been identified:
1) establishment of certain limitations and features of the organization of labour relations with observance of minimum labour guarantees;
2) strengthening the protection of labour rights of employees and guarantees of their implementation;
3) strengthening the flexibility of legal regulation of labour relations, employee mobility when exercising the right to work;
4) expansion of the contractual basis for regulating labour relations.
Emphasis is placed on the fact that when adopting new laws, introducing changes and additions to existing acts in the conditions of martial law, the legislative approach to the regulation of individual and collective labour relations should remain unchanged and, as in peacetime, should be aimed at preserving labour law as a separate branch of law with its independent sectoral legal mechanism – subject, method, principles of legal regulation, system of the branch of law, its sources and functions.
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Ali, Machsoen. "Perjanjian Kerja menurut UU No. 25 Tahun 1997 tentang Ketenagakerjaan." Jurnal Hukum & Pembangunan 30, no. 3 (June 29, 2000): 226. http://dx.doi.org/10.21143/jhp.vol30.no3.314.
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Labour development should have multidimension and interrelation not only for labourinterest before, during and after job period, but also inevitable to other interest includedgovernment, entrepreneur and society. Some laws which was being valid and regulated labour activities upnow; commonly positioned employees on weak/bad bargaining power particularly in labour placement and job relationship sistem. Law No. 25/ 1997 could be more condusively to back labour activities and labour interest if only it specified in detailed; particulary problems which was involving rights and duties between quarters in labour agreement. Besides that, Law No. 25/1997 has offered more chance for labours interest especially mentioned in Article 143 and Article 144.
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Szabó, András. "A fogvatartottak munkáltatásának egyes kérdéseiről." Erdélyi Jogélet 3, no. 4 (January 26, 2021): 171–83. http://dx.doi.org/10.47745/erjog.2020.04.13.
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"The history of the development of the employment of prisoners has come a very long way, from hard labour to resocialization. Today the rights of prisoners are respected in their work, but these rights are sometimes different from the normal labour rights. In this study, I review the most relevant difference between the prisoners’ labour rights and the ordinary labour rights. Beyond that, I examine if the intentions formulated in 2015 − full employment and self-sustaining prisons in Hungary − have been achieved or not. In my study, I present some criminal statistics of the employment rates in Hungarian prisons."
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van Peijpe, Taco. "Collective Labour Law after Viking, Laval, Rüffert, and Commission v. Luxembourg." International Journal of Comparative Labour Law and Industrial Relations 25, Issue 2 (June 1, 2009): 81–107. http://dx.doi.org/10.54648/ijcl2009009.
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The judgments of the European Court of Justice (ECJ) in the International Transport Workers’ Federation and Finnish Seamen’s Union v Viking Line ABP and OÜ Viking Line Eesti (hereinafter ‘Viking’), Laval un Partneri Ltd v Svenska Byggnadsarbetareförbundet and Others (hereinafter ‘Laval’), Dirk Rüffert, in his capacity as liquidator of the assets of Objekt und Bauregie GmbH & Co. KG v Land Niedersachsen (hereinafter ‘Rüffert’), and Commission v. Luxembourg cases have given rise to much criticism. The ECJ has given priority to free movement principles over fundamental collective labour rights. In this contribution, the author analyzes the consequences of these judgments for the collective labour law of the Member States. Some Member States will have to adapt their labour law. It must not be overlooked that the ECJ also offers support for collective labour rights. For the fi rst time, the right to bargain collectively and the right to take industrial action have been recognized as fundamental rights in EU law. Moreover, the ECJ explicitly recognizes that the protection of jobs and employment conditions of workers is an overriding reason of public interest, which can justify collective actions restricting the fundamental freedoms of the Treaty.