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1
Melnyk, K. Yu. "Ensuring the freedom to conclude an employment contract and gender equality in employment under martial law." Bulletin of Kharkiv National University of Internal Affairs 98, no. 3 (September 28, 2022): 77–88. http://dx.doi.org/10.32631/v.2022.3.07.
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The state of ensuring the freedom to enter into an employment contract and gender equality in employment under martial law conditions has been studied. It has been proven that getting a job is an important event in the life of every person who, in connection with this, acquires the status of an employee, performs the work specified in the employment contract, and receives wages for the work performed in order to provide oneself and family with the means to existence. The national labor legislation provides for a number of guarantees to ensure the labor rights of a person when hiring. A special place among such guarantees is the provision of freedom to conclude an employment contract and gender equality upon hiring.
The point of view of the scientists regarding the content of the categories “freedom of labor contract” and “equality” has been studied. The norms of national legislation, which provide for the freedom to conclude an employment contract and gender equality in hiring, have been studied. It is indicated that the labor obligation, introduced today under martial law, which does not require the mandatory consent of the person in respect of whom the corresponding labor obligation is introduced, as well as his/her registration in an employment contract, destroys the understanding of the employment contract as an agreement between the parties on working conditions based on free choice.
Proposals and recommendations for improving national legislation have been provided. The expediency of expanding the list of persons who are prohibited from engaging in socially useful works has been substantiated, for this purpose the paragraph 6 of the Procedure for involving able-bodied persons in socially useful works in conditions of martial law, approved by Resolution of the Cabinet of Ministers of Ukraine dated July 13, 2011 No. 753, has been proposed to be set out in the following edition: “It is forbidden to involve minors, pregnant women, women with children under the age of three, as well as persons with disabilities in socially useful works, if the performance of such works may negatively affect their health”.
In order to strengthen the regulatory provision of gender equality in employment, it is proposed to: 1) delete the word “may” after the word “employers” and change the ending of the word “implement” in Part 4 of Article 17 of the Law of Ukraine “On Ensuring Equal Rights and Opportunities of Women and Men”; 2) to supplement the employer’s duties provided for in Part 2 of Article 17 of the Law of Ukraine “On ensuring equal rights and opportunities for women and men”, as follows: “do not allow discrimination based on gender when concluding, changing and terminating an employment contract”.
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Svitovenko, D. "The normative basis of the principle of gender equality legislation of Ukraine on labor and employment." Uzhhorod National University Herald. Series: Law 2, no. 72 (November 27, 2022): 286–90. http://dx.doi.org/10.24144/2307-3322.2022.72.87.
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The purpose of the article is to clarify the system of acts of the current legislation of Ukraine on labor and employment, which contains norms that reflect the complex essence of the principle of gender equality in the field of labor and employment. The position is substantiated, according to which the normative basis of the principle of gender equality consists of international legal acts (in force on the territory of Ukraine due to their universal mandatory nature or as a result of their ratification by the Ukrainian Parliament), as well as acts of national legislation that contain, in particular, general the idea of legal equality between men and women and/or the idea of equality between men and women in the field of work and employment. The author notes that the international legal level of the normative basis of the principle of gender equality in the field of labor and employment includes: international legal acts in the field of international legal order, human rights, relating to gender equality in the field of labor and employment; international legal acts in the field of labor and employment, which declare gender equality of people in the relevant field (conventions of the International Labor Organization). The national level of the normative basis of the principle of gender equality in the field of labor and employment is connected with separate norms of the Constitution of Ukraine, the Code of Labor Laws of Ukraine, the Law of Ukraine “On Ensuring Equal Rights and Opportunities of Women and Men”. women who are pregnant, have given birth to a child, are nursing babies, are in an extremely vulnerable state (in the context of the general labor law regime). Therefore, such women are objectively less competitive in the labor market and need positive discrimination (in fact, the expansion of the non-gender approach to determining the legal status of an employee), measures for the implementation of which are provided for by the labor legislation of Ukraine, given that our state is a social and legal . Taking this into account, women who perform the social role of mother, and motherhood reduces their competitiveness in the labor market, possessing a non-gender legal status of an employee, are additionally granted the status of a female worker, which is not a violation of the principle of gender equality in the field of work and employment, but on the contrary - an important condition for its proper (socially safe) implementation.
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Buribayev, Yermek A., and Zhanna A. Khamzina. "Gender equality in employment: The experience of Kazakhstan." International Journal of Discrimination and the Law 19, no. 2 (May 30, 2019): 110–24. http://dx.doi.org/10.1177/1358229119846784.
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No country in the world has achieved full gender equality in labour relations. Kazakhstan has just begun a long way of creating legislative and organizational conditions for equality in the workplace. It is obvious that to create a more equal, gender-sensitive society, a state will require profound changes in perceptions, attitudes, stereotypes, and laws. Facilitating such changes is justified not only from a moral but also from an economic point of view. Today, the requirements for women in society in the performance of labour functions are the same as for men. However, in family and domestic relations, there is a persistence of the gender stereotype of male privileges. There is no change in sectoral gender segregation. Women still make up more than 70% of employees in the health, education, and social services sectors, while women’s representation in the financial and public sectors is slightly more than half. Traditionally, these types of sectors are less profitable compared to “male industries,” such as construction, oil and gas, mining, and transport. The level of attracting female labour in innovative, infrastructural, and high-tech projects and programs is very low. The issue of expanding the economic opportunities of rural women, who are denied access to public and state resources and services, remains relevant. In the article, we show the possibilities for ensuring equal employment of men and women in Kazakhstan. The proposals on the improvement of legislation on labour protection and labour conditions and improvement of working conditions are presented, and the possibilities of introducing and expanding flexible forms of employment are considered. Conclusions are drawn on the revision of the list of works prohibiting the use of female labour and ensuring that women have access to types of work that do not pose a danger to women’s health due to their automation, technologization, and informatization.
4
McGinley, Ann. "Erasing Boundaries: Masculinities, Sexual Minorities, and Employment Discrimination." University of Michigan Journal of Law Reform, no. 43.3 (2010): 713. http://dx.doi.org/10.36646/mjlr.43.3.erasing.
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This Article analyzes the application of employment discrimination law to sexual minorities-lesbians, gays, bisexuals, transgender and intersex individuals. It evaluates Title VII and state anti-discrimination laws' treatment of these individuals, and is the first article to use masculinities research, theoretical and empirical, to explain employment discrimination against sexual minorities. While the Article concludes that new legislation would further the interests of sexual minorities, it posits that it is neither necessary nor sufficient to solving the employment discrimination problems of sexual minorities. A major problem lies in the courts' binary view of sex and gender, a view that identifies men and women as polar opposites, and that sees gender as naturally flowing from biological sex. Without courts' understanding that our current binary concept of gender may be socially constructed and artificially rigid rather than a natural result of biology, even new legislation may fail to protect the workers it seeks to protect. The Article demonstrates that research on masculinities can help courts better understand sexual minorities and the motivations of those who discriminate against them in the workplace. It concludes that even in the absence of new legislation, a proper interpretation of Title VII's sex discrimination provision would protect sexual minorities from discrimination and would provide reasonable accommodation to allow sexual minorities to live and work with dignity and security. With an understanding of sexual minorities and the reasons why discrimination occurs, Title VII's prohibition of discrimination "because of sex" should be sufficient to grant sexual minorities workplace rights.
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Chucha, Sergey Yu. "The constitutional principle of respect for the man of work: problems of implementation in Russian legislation and law enforcement practice." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 44 (2022): 159–71. http://dx.doi.org/10.17223/22253513/44/14.
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Respect for the working person is guaranteed by Article 75.1 of the updated Constitution of the Russian Federation. This constitutional guarantee has an external (formal) and an internal (substantive) side of implementation. On the basis of the theory of stability of labour law relations, the basic norms of this twofold system have been identified. 1. On the substantive side, the norms of stability of the employee as a party to the employment contract when the employer changes. The constitutional guarantee of respect for the human being at work is the stability of employment relations, secured mainly by Article 75 of the Labour Code of the Russian Federation. The provision of Article 75 of the Russian Labour Code is based on the theory of stability of the employment relationship, conditioned by the personal nature of the employment contract on the part of the employee, the foundations of which were laid at the turn of the 19th and 20th centuries. Today it guarantees the preservation of the employment relationship in the event of a change of ownership of the organisation, a change of subordination of the organisation or its reorganisation. Legislating the dependence of the employment contract on the employer's reorganisation measures would destroy the theory of stability and the system of constitutional and sectoral labour law guarantees of respect for the human rights of workers. Therefore, new forms of employment, the emergence of which is initially dictated by the needs of economic development and the state of society, should be consistently involved in the sphere of labour law regulation. The issues of the stability of the employment contract should be resolved exclusively based on the needs of the organization of production and in the interests of the enterprise. 2. From the external perspective, the basic provision in the system of guarantees of respect for the person at work is the form of the employment contract. Article 56 of the Russian Labour Code, defining the concept of an employment contract, as well as regulatory acts adopted in its development and the generally accepted practice of law do not comply with Article 75.1 of the Constitution of the Russian Federation and Article 57 of the Labour Code. The inclusion of information about the employee after information about the employer in the employment contract underlines the unequal position of the employee, even if formally, but clearly demonstrates the lack of respect for the employee not only on the part of the employer concluding the contract but also on the part of state authorities which have permitted the publication of regulations contrary to Article 57 of the LC RF. 57 of the Labour Code and provoking the employer to violate the guarantee of Article 75.1 of the Constitution of the Russian Federation. Considering the ethical nature of Russian legal understanding, Article 56 of the LC RF and the standard forms of employment contracts must be immediately brought into compliance with the requirements of Article 57 of the LC RF and Article 75.1 of the RF Constitution, which would be a formal, but obvious respect for the working person on the part of both the state and, subsequently, the employers. The author declares no conflicts of interests.
6
Burbyka, Mykhailo, Alyona Klochko, Mykola Logvinenko, and Kateryna Gorbachova. "Separate aspects of legal regulation of women’s labour rights." International Journal of Law and Management 59, no. 2 (March 13, 2017): 271–83. http://dx.doi.org/10.1108/ijlma-02-2016-0021.
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Purpose This paper aims to cover the problems arising in the process of women employment. The purpose is to investigate problems arising in the process of women employment, to analyse the existence of discriminatory aspects with regard to certain categories of workers, and to give recommendations for overcoming discrimination against women in the labour market. Design/methodology/approach The research was based on formal–logical and general scientific cognitive methods (analysis and synthesis, abstraction and concretization and deduction and induction). Systems and functional methods were used. The methods of concrete-sociological researches were used to gather, analyse and process legal information. The comparative-legal methods determined the actual realization of gender equality principles in different countries. Findings The Ukrainian labour legislation is imperfect and should be reformed, so as to not only declare but also protect women’s rights, in accordance with the current realities and fluctuations in the labour market. Practical implications The research helps overcome gender and age discrimination in Ukraine’s labour market, especially the relations that emerge at the employment stage. Discrimination against women at this stage is one of the most common forms of gender inequality. Originality/value Certain gaps in the labour legislation were found. The level of conformity of the current labour-relations-regulating legislation with the policy of equal rights and opportunities for women and men was determined. Recommendations, aimed at changing legal regulations to prevent gender discrimination, were developed, with a view to solving existing gender-related problems in the field of labour.
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Lebedev, V. A., and E. I. Lebedeva. "Remote work has changed the format: note to the accountant of the medical institution." Buhuchet v zdravoohranenii (Accounting in Healthcare), no. 3 (March 1, 2021): 55–62. http://dx.doi.org/10.33920/med-17-2103-05.
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The article analyzes the latest changes in labor legislation that came into force on January 01, 2021. The article considers the provisions of the Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the regulation of remote (remote) work and temporary transfer of an employee to remote (remote) work on the initiative of the employer in exceptional cases” of 08.12.2020 № 407-FZ, which must be taken into account when providing medical care in a remote format; the main provisions on the employment contract and the features of the employment contract of remote workers, including the features of the admission and dismissal of remote workers.
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Et.al, SaslinaKamaruddin. "Sexual Harrassment at Workplace: A Need for aSpecific Law in Malaysia." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no. 3 (April 10, 2021): 454–61. http://dx.doi.org/10.17762/turcomat.v12i3.750.
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In Malaysia, there has appeared no specific and comprehensive legislation deals with sexual harassment in the workplace yet. Unlike other illegal behaviors such as rape and domestic violence, sexual harassment has seemingly been regarded as a mere workplace problem and hence given less attention by lawmakers and the government. The studies in 2019 show that 60% of people from various work fields reported that they experienced and were the victims of sexual harassment within the workplace setting in Malaysia. The report also indicates that the leader at their workplace or someone superior usually committed the harassment and sometimes their colleague did such act. Indeed, sexual harassment is conduct where males play a vital role as a harasser, but it is undeniable that men are also likely to be sexually harassed. Despite the provision in the Penal Code, Employment Act 1955, and Code of Practice on the Prevention and Eradication of Sexual Harassment in the workplace, the number of cases is still on the rise. Given the extent of the problem, the objective of this paper is to examine the existing legal provision in Malaysia governing sexual harassment and the judicial approach in dealing with sexual harassment cases in Malaysia. The authors contend the need for a specific law to address the sexual harasment in Malaysia, considering the insufficiency and inefficiency of the available legislative provisions.
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Wynn, Michael T. "Chameleons at large: Entrepreneurs, employees and firms – the changing context of employment relationships." Journal of Management & Organization 22, no. 6 (November 2016): 826–42. http://dx.doi.org/10.1017/jmo.2016.40.
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AbstractCurrent labour markets are witnessing a proliferation of hybrid or quasi-employment status whereby company directors and limited liability partners are gaining access to employment rights. At the same time, legislation is creating new forms of employee shareholder status, where employees trade employment rights for shares in the company. New corporate structures are being developed to promote one-man companies, small and medium sized enterprises and hybrid company/partnerships. This paper examines some of these developments in the light of the theory of the firm and the jurisprudence of company and employment law and considers the implications for workers, employers and the self-employed.
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Tuckman, Alan. "Then and Now: Vulnerable Workers, Industrial Action, and the Law in the 1970s and Today." Historical Studies in Industrial Relations 41, no. 1 (September 1, 2020): 249–60. http://dx.doi.org/10.3828/hsir.2020.41.12.
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With the much vaunted ‘withering of the strike’, a mythology of past militancy appears to have taken root; militant men taking to the picket line on the flimsiest of pretexts. This stereotype is challenged through exploring two accounts of three strikes, Trico and Grunwick in 1976, and, following the raft of ‘salami slicing’ legislation kettling workers and trade unions, the dispute at Gate Gourmet in 2005. These were acts of desperation by vulnerable workers. Each book highlights the heterogeneity of race and gender, and in some cases how this served to divide workers. The attack on existing conditions and the increased use of agency workers, the issues challenged by Gate Gourmet workers, and continued disputes concerning equal pay, as with the Trico strike, indicate the limited power of organized labour today in the context of the persistence, if not escalation, of employment grievances.
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Hahn, Ellen J., Mary Kay Rayens, Patricia V. Burkhart, and Debra K. Moser. "Smoke-Free Laws, Gender, and Reduction in Hospitalizations for Acute Myocardial Infarction." Public Health Reports 126, no. 6 (November 2011): 826–33. http://dx.doi.org/10.1177/003335491112600608.
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Objective. We examined gender differences in the incidence of acute myocardial infarction (AMI) after the passage of a smoke-free law in Lexington, Kentucky. The initial legislation had exemptions not covering manufacturing facilities and government buildings, which may have put men at greater risk for AMI. Methods. We examined the effect of Lexington's smoke-free public places law on hospitalizations for AMI (i.e., heart attack) among men and women 40 months prior to and 32 months after enactment of the law. We used the statewide administrative database (Comp Data) for all hospital billing records for the four health-care systems in Lexington-Fayette County. Cases were included in the analysis if ( 1) the patient was ≥35 years of age; ( 2) the patient had a primary discharge diagnosis of AMI, with an International Classification of Diseases, Ninth Revision code in the range of 410.00 to 410.99; and ( 3) the date of service was between January 1, 2001, and December 31, 2006. Results. Among women, AMI hospitalizations declined 23% after the law took effect. The rate of AMI events among men did not change significantly. There was an overrepresentation of women in the hospitality industry and a disproportionate number of men working in manufacturing facilities and government worksites not mandated by the law. Conclusions. We found gender differences in the reduction of AMI hospitalizations following implementation of a smoke-free law that covered only some sectors of the workforce. Enacting smoke-free laws that cover all places of employment and strengthening existing partial laws may extend protection against AMIs to female and male workers.
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Kabaikina, O. V. "Gender discrimination in employment in Moscow." Moscow State University Bulletin. Series 18. Sociology and Political Science 26, no. 3 (December 16, 2020): 200–213. http://dx.doi.org/10.24290/1029-3736-2020-26-3-200-213.
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The article presents gender inequality in the sphere of work in Moscow city. The purpose of this work is to determine the acuteness of discrimination men and women in matters of employment, and to understand how the gender aspect is relevant in the Moscow labor market. People from other regions come to the capital to get a job, and therefore the city of Moscow is the center of employment of Russian citizens from all over the country. It is important to monitor how equal are the opportunities for men and women in the capital to find the desired job, what difficulties candidates face in finding and choosing a job with. I provide a legislative framework designed to ensure the equality of all citizens before the law, and show how the principle of equality is implemented in practice. For this I present the results of the author’s survey of HR experts-managers who specialize in studying the labor market and the processes taking place on it, as well as research conducted by the Headhunter, Superjob job sites, the Hays recruitment agency. As a result, it has been determined that in the labor market both men and women experience discrimination, and this is connected with the opinion of the candidates, they define, where can more realize themselves, and what salary should be for them. At the same time, gender inequality loses its sharpness against the background of other problems, and experts predict a growing decrease in the difference between the positions of men and women in the labor market.
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Hoentzsch, Susanne. "Discrimination in Individual-Related Employment – A View from Europe and Germany to Canada, analysing the Requirements and the Background of the European Anti-Discrimination Directives." German Law Journal 7, no. 10 (October 1, 2006): 795–818. http://dx.doi.org/10.1017/s2071832200005125.
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Sometimes it seems that the EC directives could be a framework for the Canadian anti-discrimination system, too. They open ways to create procedures which are working for a long time in Canada. This does not mean this can be adopted in EC member states because there are too many peculiarities amongst domestic legislation. The problem seems to combine the directives, formed by influence from the North American legislation,130 with the European understanding of law. Especially in Germany, where employees are well protected by the law, the well-balanced system of rights is in danger. This danger does not seem to be banished by the new AGG which adopted many regulations of the directives without giving answers to questions of its implementation. But seeing the practice in other countries could bring thought-provoking impulses for the embodiment and the use of anti-discrimination law.
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Busby, Nicole. "The evolution of gender equality and related employment policies." International Journal of Discrimination and the Law 18, no. 2-3 (June 2018): 104–23. http://dx.doi.org/10.1177/1358229118788458.
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European Union (EU) law and policy on work–family reconciliation has developed by way of two parallel but often incoherent movements. The jurisprudence of the Court of Justice of the EU has been a driving force in its interpretation of sex discrimination provisions in the context of claims concerning women’s labour market experiences, which have subsequently been codified, for example, to provide positive rights in relation to pregnancy and maternity. Alongside this development, policy has been linked to wider economic concerns such as the goal of full employment leading to specific measures intended to equalize employment conditions for those with non-standard working arrangements and to encourage shared parenting between men and women. The lack of a specific focus on work–family reconciliation as a goal for law and policy in its own right has resulted in a patchwork of provisions rather than an overarching framework. The net result is that EU law provides an unsatisfactory response to what has been termed the unsolved conflict between paid work and unpaid care. Recent developments may provide a solution. The Commission has reinvigorated its interest through its ‘New Start’ initiative – a package of both legislative and non-legislative measures under the auspices of the European Pillar of Social Rights launched in April 2017. Provisions incorporate, inter alia, a proposed directive that would amend the parental leave regime and introduce paid paternity and carers’ leave. This article provides a critique of law and policy to date and assesses the potential for a coordinated EU strategy for work–family reconciliation, focusing specifically on gender equality. It is argued that, even with the enhanced interest of the Commission, it may be difficult to achieve a coordinated approach to what has always been a contentious policy area within a rapidly changing EU although the United Kingdom’s departure from the EU may provide an opportunity in this respect.
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Jovanovic, Sladjana, and Biljana Simeunovic-Patic. "Protection against sexual harassment at work in the EU law." Temida 9, no. 4 (2006): 17–25. http://dx.doi.org/10.2298/tem0604017j.
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The paper gives an overview of the most important EU acts that prohibit the sexual harassment in the workplace and recommend the protection mechanisms. The problem of sexual harassment has been perceived from the aspect of gender (in)equality and discrimination while its solution is found in urgeing for consistent implementation of the principle of equal opportunity of women and men in the sphere of labor and employment. For the purpose of providing a comparative insight, it has been also given an overview of national legislative in this domain proceeding by conclusion that only few initial steps in creating the adequate mechanisms of protection from sexual harassment in the workplace have been made so far. .
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Stasiv, Oksana. "THE INFLUENCE OF THE DECISIONS OF THE EUROPEAN COMMITTEE OF SOCIAL RIGHTS ON THE CONTENT OF LABOUR LAW." Visnyk of the Lviv University. Series Law 74, no. 74 (June 30, 2022): 147–55. http://dx.doi.org/10.30970/vla.2022.74.147.
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The article is devoted to a study of the influence of the decisions of the European Committee of Social Rights on the content of labour law. In particular, the author argues that the decisions of the European Committee of Social Rights have a direct influence on the content of labour law norms, although they have a recommendatory meaning. Since our state has developed a plan of measures to implement the provisions of the European Social Charter, the government reports annually on the implementation of its provisions. The content of these reports demonstrates the changes that have already been made to existing legislation concerning employees' labour rights and those planned to be made in the near future. There is an urgent need to prohibit the employment of people under the age of 15 in view of the international obligations that our state has undertaken. It is proposed to amend Article 188 of the Labour Code and amend the third paragraph of Article 188. It is proposed to establish the concept of a light work for minors and a list of related work when improving the draft law «On Amendments to Certain Legislative Acts of Ukraine on Regulation of Domestic Workers' Labour». The author proposes to develop social adaptation programmes for people with disabilities, a compulsory element of which should be the employment of such people, vocational guidance taking into account their capabilities and the needs of the labour market, as well as the establishment of stricter liability for employers for violating the right to work of people with disabilities. It is noted that in order to overcome gender discrimination in employment, it is necessary to establish the characteristics of equal and equivalent work, taking into account the type of tasks undertaken by employees, skills, education and qualification requirements, and to oblige employers to report to the Public Employment Service on differential pay data, as these are the indicators of compliance with Article 20 of the European Social Charter. It is substantiated that the Committee has repeatedly pointed out in its conclusions the importance of transparency in remuneration, the application of the principle of equal pay for work of equal value, formally supported by the Government of Ukraine. Ukraine has approved the State Social Programme for Equal Rights and Opportunities for Women and Men for the period up to 2021. In particular, it provided for improvement of the legal framework, inclusion of a gender component in economic and social development programmes, expansion of the list of statistical indicators differentiated by article, etc. The programme still has not been fully implemented. In addition, the article proposes a ratification of the Additional Protocol to the European Social Charter providing for collective complaints. The European Committee of Social Rights interprets and details the Charter's provisions in its deliberations and thereby gives significance to its decisions. These activities result in a practice of modern implementation of the provisions of this international treaty, which can be used by the signatory countries in their own practice.
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Brinkmann, Gisbert. "Opinion of Germany on the Single Permit Proposal." European Journal of Migration and Law 14, no. 4 (2012): 351–66. http://dx.doi.org/10.1163/15718166-12342013.
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Abstract The development of EU measures regarding access to employment and Germany’s general attitude to these measures (reluctance) are described briefly. This article mainly concerns Germany’s objections (and the objections of other Member States) to the proposal by the Commission of the Single Permit Directive, which was changed several times during the negotiations. Germany (together with other Member States) managed to downgrade the Directive, in particular with regard to the equality rights of TCNs. The conclusion describes that there are only a few rules that are mandatory, much is left to national legislation. The conclusion mentions further that there is a gap between the rights of EU citizens and TCNs; it refers briefly to the future transposition of the Directive which will mean amending national law.
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Sagandykov, Michail, and Galia Shafikova. "The Potential of Criminal Law in Protecting Labor Rights of Citizens (Using the Example of Article 136 of the Criminal Code of the Russian Federation)." Всероссийский криминологический журнал 12, no. 6 (December 24, 2018): 836–44. http://dx.doi.org/10.17150/2500-4255.2018.12(6).836-844.
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The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.
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Klymchuk, Iryna, and Любов Трофименко. "FEATURES OF ENSURING AND GUARANTEEING WOMEN’S RIGHTS IN THE ISLAMIC REPUBLIC OF IRAN." Litopys Volyni, no. 27 (December 8, 2022): 196–200. http://dx.doi.org/10.32782/2305-9389/2022.27.33.
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The aim of the article is to examine the main problems of ensuring women’s rights in the Islamic Republic of Iran. In particular, the peculiarities of the legal status of Iranian women in the sphere of economy, education and in the reproductive sphere are considered. The legislative guarantee of women’s political rights in the Islamic Republic of Iran is analyzed. It has been proved that the main factor of changes in the gender issue is the normative and legal framework, because it officially establishes in all spheres of society the relevant norms of behavior aimed at respecting the rights of women and men. It was established that the main law in the country, despite the strong influence of the Koran, remains the Constitution (1979), which not only prescribes in detail the basic rights of women, but also defines the degree of government responsibility for ensuring women’s rights in all spheres of public life. However, in other legal documents, women’s rights in Iran are generally considered limited. It was revealed that Iran is still one of the UN member states that has not signed the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 1979). Although Iran’s parliament passed a bill to join the convention in May 2003, the bill was rejected after being sent to the Guardian Council, which is responsible for approving new legislation in the country. The above-mentioned Council cites vague religious contradictions, being under pressure from conservatives in government. The country’s national legislation was found to contain many barriers for women to access basic rights in areas such as employment, marriage and citizenship. Although the situation of women’s rights in the Islamic Republic of Iran has improved recently, women continue to experience marginalization, violence and repression. According to the civil code of the country, where the rights of women in marriage and in the family are enshrined, the dominance of the man in the family is recorded. At the same time, the lack of legal instruments for the protection of women’s rights has created an atmosphere of impunity for acts of violence against women committed by men. It has been found that women from national minorities are in an extremely difficult situation in Iran, who often face intersectional discrimination based on gender, ethnicity, language or religion.
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Lebedev, V. A., and E. I. Lebedeva. "Features of the working hours of remote workers: a note to the accountant of the medical institution." Buhuchet v zdravoohranenii (Accounting in Healthcare), no. 5 (May 1, 2021): 48–56. http://dx.doi.org/10.33920/med-17-2105-05.
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The article analyzes the novelties of labor legislation initiated by the Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the Regulation of Remote (remote) Work and temporary transfer of an employee to remote (remote) work on the initiative of the employer in exceptional cases” of 08.12.2020 N 407-FZ, which entered into force on January 1, 2021. The distinctive features of the working regime of remote workers are considered, which are characterized by the lack of direct control of the employee by the employer and, as a result, the urgent need to ensure the interaction of the parties to the employment contract through the use of IT technologies. The main changes in the regulation of the working regime of remote workers are shown, including the norms on the interaction of the employee and the employer, on the organization of the work of the remote employee and his working time.
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Yurikosari, Andari. "Review Pemagangan Luar Negeri Dalam Rangka Penempatan (Studi Mengenai Peraturan Menteri Tenaga Kerja dan Transmigrasi Nomor 08 Tahun 2008)." Jurnal Hukum PRIORIS 5, no. 1 (May 18, 2016): 45–62. http://dx.doi.org/10.25105/prio.v5i1.394.
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The activity of an apprentice ships are in a particular agency or company. With the events of this internship, the students are expected to know about there all picture of the real world. This activity is also expected to the students to encourage their knowledge with the experience and skills to students before they actually plunge and compete in the world of work. Thus it will formearly work attitude, discipline, perseverance and honesty in students before they actually work. Apprentice ship program became one of the solutions to over come unemployment because it can increase human resources, broaden the knowledge and skills of job seekers work so easily absorbed in the world of work. Pattern trainee role as a bridge between the world of education of the needs of companies or jobs. The role of apprenticeship is very important, not merely for improving the quality of labor, but also can facilitate the companies in finding qualified workers and in accordance with the competencies they need. Carried out on the basis of apprenticeship agreement between participants with employers made in writing. Apprenticeship agreement shall contain the rightsand obligations of participant sand employers and apprentice shipperiod as stipulated in Act 13 of 2003 on employment. The form of the Government’s attention to the interns stipulated in Act 13 of 2003 on employment in particular ofArticles 21 to 30 and more specifically set forth in the Regulation of the Minister of Man power and Transmigration No. per 22/men/IX/2009 on the Implementation of Apprenticeship in the interior. With the regulations governing apprenticeship program is expected to legal protection againts violation of the rights-the right to apprentices and harmful things for both apprentices and corporate intern ships. Law No. 13 of 2003 on the Regulation of the Minister of Labour and Manpower and Transmigration No.PER.22/MEN/IX/2009 on the Implementation of Apprenticeship also regulate how the procedures and requirements about things-things related to apprenticeship, there for the legal protection of apprentices apprenticeship, especially in the country should going well and fit because it has been stipulated in the laws or regulations of the minister. While some of the problems that occur based on a review of apprenticeship studies, the formulated some of the issues that will be studied as follows: how the implementation of foreign apprenticeship in Semarang, Central Java, Denpasar city of Bali Province, the city of Yogyakarta Special Region of Yogyakarta based on the laws and regulations regarding apprenticeship, how to identify requirements for the implementation and post a good apprenticeship in enterprises as well as in apprenticeship training institutions in accordance with the purpose of apprenticeship, what are the factors that lead to failure in over seas apprenticeship program associated with the expected output of the apprenticeship program and monitoring functions of the Department of Employment and apprenticeship how foreign policy recommendations are good, succesful, efficient for the company apprentices and interns in general. This type of research is chosen in this study is a normative legal research, because research aims to investigate the use of legislation apprenticeship at the Apprenticeship Training Center both government owned and private. In this case the authors examine and analyze legal materials in the form of regulations legislation.
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Xu, Kai. "Comparative study of crimes of deliberate non-payment of wages in the Criminal Codes of China and Russia." Legal Science in China and Russia, no. 4 (September 16, 2021): 159–62. http://dx.doi.org/10.17803/2587-9723.2021.4.159-162.
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The phenomenon of malicious non-payment of wages is widespread in all countries of the world, maybe it is especially serious in China, it has attracted a lot of attention from the Party (CPC) and the Chinese government. Under conditions when the solution of this issue through civil and administrative methods is not very effective, the Chinese legislative bodies, under the leadership of offi cials, fi nally decided to use the intimidating power of criminal punishment to solve this problem, which has tormented the government for many years.Article 41 “Amendments to the Criminal Code (8) of the People’s Republic of China” states: After article 276 of the Criminal Law, an article is added as one of the articles 276: Evasion of payment of wages to workers by transferring property, escape, etc. Or those who are able to pay, but do not pay wages to employees in the case when the amount is relatively large, and the relevant government departments order the payment of wages, but still cannot pay, are punished with imprisonment for up to 3 years or arrest, and additionally or as an independent punishment — a fi ne; Persons who have committed the same violations that have entailed serious consequences are punished with imprisonment for a term of 3 to 7 years and additionally with a fi ne. If the crime mentioned in the fi rst part of this article was committed by an organization, a fi ne is applied to the organization, and the directly responsible heads of the organization and other directly responsible persons are punished in accordance with the fi rst part of this article. The acts provided for in the fi rst and second parts of this article, which did not entail serious consequences, in which the employee’s salary for work is paid before the charge is brought and appropriate compensation is accepted in accordance with the law, then the punishment may be commuted or released. Article 276 of the Criminal Code provides for the crime of causing harm to production and economy, which belongs to this chapter crime against property (Chapter 5 of the special part of the Criminal Code). Therefore, the crime of malicious non-payment of wages is a crime against the property of citizens (employees).Due to the fact that the Chinese Constitution does not provide that citizens have the right to receive remuneration, only the Labor Legislation states: that Workers have the right to equal employment and choice of profession, the right to receive wages for work ... In view of this, that from the point of view of legal relations, based on both the Labor Law and the Law on the Employment Contract, the effect of non-payment of wages only occurred between the employee and the employer. According to the employment contract, disputes arising when, after the employee has fulfi lled the contract, but the employer does not pay him wages in accordance with the contract.The Criminal Code of the Russian Federation provides for crimes of non-payment of wages, pensions, scholarships, allowances and other necessary payments in chapter 19 “crimes against the constitutional rights and freedoms of man and citizen” of section VII “Crimes against the person”. Bringing together the above, the rights to pay for work, receive state pensions and social benefi ts, etc., protected by the Criminal Code of the Russian Federation, are constitutional rights. And also, they are specifi ed in Article 2 of the Constitution of the Russian Federation a person, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the duty of the state, specifi ed in the Criminal Code of the Russian Federation.In China, when criminalizing the action of non-payment of wages, the most fundamental issue that needs to be resolved is to have a basis of justice, that is, to introduce "income from labor" into the Constitution of the People’s Republic of China, which provides for the basic rights of a citizen. At the same time, it is necessary to amend the chapter related to “crimes against the rights of the individual and the democratic rights of citizens in the Criminal Code,” and to amend the “crime against constitutional rights,” as well as the chapter includes “crimes of non-payment of wages, scholarships, pensions and benefi ts”, but should not be included in chapter 5 “crime against property”.As a result, a comparison of the criminal code between the two countries China and Russia on the crime of malicious non-payment of wages shows that there are contradictions and problems in Chinese legislation, and the political signifi cance of the legislation far exceeds the legal signifi cance, which will directly affect its application in judicial practice.
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Mokrousova, Daria I., and Maria A. Pokusaenko. "Gender-Specific Aspects of Precariat." Journal of Economic Regulation 11, no. 4 (December 25, 2020): 132–44. http://dx.doi.org/10.17835/2078-5429.2020.11.4.132-144.
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One of the most vulnerable groups presented in precariat in addition to graduate students are women. Thanks to the importance of their social role as mother women are forced to enter into non-stable, short- term employment relationships with lower remuneration and lower level of career opportunities than man have. Relevance of this problem is often demonstrated in Mass media, in research and discussions of such important global institutions as World Bank, International Labor Organization, The World Economic Forum. These organizations also provide us with important statistical data about gender discrimination around the world including preparation of annual reports such as Women, Business and The Law and also the preparation of indexes of gender equality. This data enables to evaluate the level of gender equality in the labor market around the world and estimate the peculiarities of different countries in sphere of legislative regulation of gender discrimination. The analysis of these laws and other limitations will help us to identify main obstacles that prevent women to work at the same jobs and the same positions as men do and as a consequence to influence women’s choice in favour of unstable or precarious job positions.
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Mokrousova, Daria I., and Maria A. Pokusaenko. "Gender-Specific Aspects of Precariat." Journal of Economic Regulation 11, no. 4 (December 25, 2020): 132–44. http://dx.doi.org/10.17835/2078-5429.2020.11.4.132-144.
Full textAbstract:
One of the most vulnerable groups presented in precariat in addition to graduate students are women. Thanks to the importance of their social role as mother women are forced to enter into non-stable, short- term employment relationships with lower remuneration and lower level of career opportunities than man have. Relevance of this problem is often demonstrated in Mass media, in research and discussions of such important global institutions as World Bank, International Labor Organization, The World Economic Forum. These organizations also provide us with important statistical data about gender discrimination around the world including preparation of annual reports such as Women, Business and The Law and also the preparation of indexes of gender equality. This data enables to evaluate the level of gender equality in the labor market around the world and estimate the peculiarities of different countries in sphere of legislative regulation of gender discrimination. The analysis of these laws and other limitations will help us to identify main obstacles that prevent women to work at the same jobs and the same positions as men do and as a consequence to influence women’s choice in favour of unstable or precarious job positions.
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Lutsenko, O. "Legal regulation of employee internship as a manifestation of labour mobility." Uzhhorod National University Herald. Series: Law 1, no. 74 (January 31, 2023): 183–90. http://dx.doi.org/10.24144/2307-3322.2022.74.31.
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In the article, the author proves that an internship can manifest an employee’s labour mobility when it is carried out within the framework of employment relations as a qualification improvement, additional activity, and flexibility of the employee in professional development and growth. Internship of employees is carried out with the aim of gaining practical experience of the person in the performance of production tasks and duties at the workplace at the enterprise after theoretical preparation before starting independent work under the direct supervision of an experienced employee. The internship is also one of the components of high-risk employment, and can also be the basis for obtaining a permit (certificate, license, etc.) to carry out a certaintype of professional activity.
The article establishes that a special legal mechanism for internships is provided for employees of certain categories, for example, for civil servants, academic staff and pedagogical employees, etc.
It was determined that the purpose of the internship is for a person to gain practical experience in performing tasks and duties at the workplace before starting independent work under the direct supervision of an experienced specialist or already in the process of working with the aim of expanding the list of professional competencies, i.e. as a manifestation of the employee’s labour mobility.
In the article, the author argues that the condition of an employee’s internship should be specified in the employment contract. And therefore, this would mean that this condition would be an additional condition of the employment contract, and after its conclusion, it would, accordingly, become mandatory for the parties to perform. And as a result, the relationship that arose during the fulfilment of this condition is labour, and the contract would not be recognized as a contract for the provision of services.
If the internship condition did not arise during the conclusion of the employment contract, but later, in such a case, we believe that an additional agreement should be concluded to the employment contract, in which the internship condition should be prescribed. If internships were to be regulated in this way, then, firstly, it would guarantee labour mobility for employees, secondly, the relations that arose during such an internship would be regulated exclusively by the norms of labour law, and accordingly, responsibility would follow under the labour legislation. thirdly, it would protect employers from non-fulfilment of the conditions for completing an internship and working for a certain period of time at this particular employer who paid for the internship.
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Fattah, Virgayani. "Hak Atas Pekerjaan Bagi Perempuan Pada Perusahaan Ojek Online Berdasarkan Prinsip Kesetaraan Substantif dan Prinsip Non Diskriminasi." Jurist-Diction 5, no. 3 (May 30, 2022): 1153–70. http://dx.doi.org/10.20473/jd.v5i3.35810.
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AbstractEquality is a pillar for every democratic society that has the goal of achieving social justice and human rights. The fact is that in every community and activity environment, women are subjected to different treatment in law and reality. This situation is both caused and exacerbated by discrimination in the family, community, and workplace.In general, granting rights to women is the same as granting rights to men, this also applied to the right to employment. Women may work in various fields, inside or outside their homes, either independently or with other people, with government or private institutions, as long as the work is carried out in an atmosphere of respect and courtesy. Women can maintain their religion and avoid the negative impacts of the job on themselves and their environment. The Reformation Order was the most progressive period in the protection of human rights in Indonesia. Various laws and regulations were issued during this period, including legislation on the right to employment for women. This is an effort by the government to eliminate discrimination based on sex which is included in various laws and regulations. The law is required to be fair and gender-responsive to ensure the fulfillment of women’s rights, as well as the right to work for women in the online taxi sector. Based on the principle of equality and the principle of non-discrimination, men and women have equal rights or opportunities to participate in every aspect of social and state life, so that if there is discrimination against women, it is a form of violation of women’s rights.Keywords: Equality; Non-Discrimination; Women’s Right. AbstrakKesetaraan merupakan pilar bagi setiap masyarakat demokratis yang mempunyai cita-cita mencapai keadilan sosial dan hak asasi manusia. Kenyataannya dalam setiap lingkungan masyarakat dan lingkungan kegiatan, perempuan menjadi sasaran dari perlakuan yang berbeda dalam hukum maupun dalam kenyataan yang sesungguhnya. Keadaan ini disebabkan dan juga diperburuk oleh adanya diskriminasi di dalam keluarga, masyarakat dan tempat kerja. Pada umumnya pemberian hak bagi perempuan sama dengan pemberian hak kepada laki-laki, demikian halnya dengan hak atas pekerjaan. Perempuan boleh bekerja dalam berbagai bidang, di dalam ataupun di luar rumahnya, baik secara mandiri maupun bersama orang lain, dengan lembaga pemerintah ataupun swasta, selama pekerjaan tersebut dilakukannya dalam suasana terhormat dan sopan, selama mereka dapat memelihara agamanya, serta dapat menghindari dampak-dampak negatif dari pekerjaan tersebut terhadap diri dan lingkungannya. Orde Reformasi merupakan periode paling progresif dalam perlindungan hak asasi manusia. Berbagai peraturan perundangan-undangan keluar pada periode tersebut, termasuk peraturan perundangan-undangan tentang hak bekerja bagi perempuan. Hal ini merupakan upaya pemerintah untuk menghilangkan diskriminasi berdasarkan jenis kelamin yang dicantumkan dalam berbagai peraturan perundang-undangan. Hukum dituntut untuk berkeadilan dan responsif gender untuk menjamin terpenuhinya hak asasi perempuan, demikian halnya terhadap hak atas pekerjaan bagi perempuan di sektor ojek online. Berdasarkan Prinsip Kesetaraan dan Prinsip Non-Diskriminasi antara laki-laki dan perempuan mempunyai hak atau kesempatan yang sama untuk berpartisipasi dalam setiap aspek kehidupan bermasyarakat dan bernegara, sehingga apabila terjadi diskriminasi terhadap perempuan, hal itu merupakan bentuk pelanggaran terhadap hak asasi perempuan.Kata Kunci: Kesetaraan; Non-Diskriminasi; Hak Perempuan.
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Oppenheimer, David B. "The Ubiquity of Positive Measures for Addressing Systemic Discrimination and Inequality." Brill Research Perspectives in Comparative Discrimination Law 3, no. 3-4 (July 31, 2019): 1–114. http://dx.doi.org/10.1163/24522031-12340007.
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Abstract In The Ubiquity of Positive Measures for Addressing Systemic Discrimination and Inequality: A Comparative Global Perspective, part of the Brill series on Comparative Discrimination Law, David Oppenheimer compares positive measures for addressing inequality and systemic discrimination, including discrimination based on gender, race, ethnicity, color, national origin, disability, and religion. Across the globe, such measures are ubiquitous, commonly applied in employment, admission to selective colleges and universities, selection for legislative seats, and membership on corporate boards. They are variously described as “positive measures,” “affirmative action,” “positive action,” “compensatory action,” or “special measures.” These policies began in the late-eighteenth to mid-nineteenth centuries, as a part of the social/political movements to end slavery, grant universal suffrage, end colonialism, grant equal rights to women and men regardless of social status or property, eliminate the caste system, adopt measures of proportional representation, embrace the benefits of diversity, and endorse universal equality. Nearly every large nation in the world has adopted at least some special measure plans, with continuing experiments using quotas, reservations, set-asides, reparations, preferences, tie-breakers, targeted recruiting efforts, diversity measures, equity and inclusion policies, anti or unconscious bias training, and public disclosure requirements.
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WARBURTON, JEAN. "EMPLOYMENT PROTECTION LEGISLATION." Industrial Law Journal 16, no. 1 (1987): 112–14. http://dx.doi.org/10.1093/ilj/16.1.112.
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KOWALEWSKA, HELEN. "Bringing Women on Board: The Social Policy Implications of Gender Diversity in Top Jobs." Journal of Social Policy 49, no. 4 (October 31, 2019): 744–62. http://dx.doi.org/10.1017/s0047279419000722.
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AbstractThis paper argues that analyses of the gendered character of welfare states should be broadened to include women’s share of board and executive roles, as well as the affirmative-action policies (e.g. gender boardroom quotas) that help to overcome the gender stereotypes (e.g. women are ‘nice’, men are ‘assertive’) and opaque selection procedures at the root of this. Such indicators may seem beyond the remit of social policy analysis, which is concerned foremost with the analysis of ‘social risk’. However, drawing on evidence from across multiple disciplines, this paper argues that achieving a ‘critical mass’ of women in board and executive positions can bring women’s issues onto companies’ agendas and lead to the adoption of female-friendly practices, policies, and cultures at the firm level. Crucially, these practices, policies, and cultures can help to reduce the incidence of gendered social risks (employment/care conflicts, economic dependence on a partner) and sexual harassment among women at lower levels of the labour market. Thus, the paper highlights another dimension to the social-regulatory function of welfare states which has to date been overlooked, namely legislative requirements on companies to achieve gender diversity in their leadership structures.
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O. Afolabi, Adedeji, and Ifeoluwa R. Akinlolu. "Evaluation of women’s access to building credits from banks in Nigeria." Banks and Bank Systems 16, no. 4 (November 12, 2021): 45–60. http://dx.doi.org/10.21511/bbs.16(4).2021.05.
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Women are responsible for the fastest economic growth in the world through their commercial activities. Despite this notable act, women in developing countries are most times sidelined in accessing financial incentives from banks. The purpose of this study was to evaluate the criteria used by banks and the problems encountered by women in accessing building credits in Nigeria. The study used a cross-sectional survey research design that utilized an electronic questionnaire instrument. The data obtained were analyzed using frequencies, percentages, 100% stacked bars, mean score, ANOVA, and categorical regression (CAT-REG) tests. The result revealed that the primary criteria to access building credits across different banks in Nigeria were the source of income/level of income, credit status/review, and the value of the collateral. When women can access building credits from banks, it can lead to improved living conditions for women, improved work-life, and benefits for their children. However, the lack of collateral, lack of financial literacy, lack of formal employment, and lack of right to ownership of property are limiting factors in women lending from banks. Furthermore, gender discrimination, lack of financial literacy, and low educational background could influence women’s access to building credits from banks. To facilitate the provision of loans to women from banks, it is necessary to improve government policy, economic reforms and banking legislation for women’s access to loans. AcknowledgmentThe article processing charge (APC) for this paper was supported by Covenant University Centre for Research, Innovation and Discovery, Nigeria.
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Kilpatrick, C. "Has New Labour Reconfigured Employment Legislation?" Industrial Law Journal 32, no. 3 (September 1, 2003): 135–63. http://dx.doi.org/10.1093/ilj/32.3.135.
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Brodie, Douglas. "The employment contract and unfair contracts legislation." Legal Studies 27, no. 1 (March 2007): 95–109. http://dx.doi.org/10.1111/j.1748-121x.2006.00040.x.
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In 2005, the Law Commissions published a report reviewing unfair contracts legislation in the UK. Where the contract of employment was concerned, the Commissions were of the view that, in short, the status quo should remain. This paper seeks to appraise that position and considers whether an opportunity to bring forward beneficial reforms has been missed. The paper takes cognisance of the legislative scheme in New South Wales, which contains extensive powers where unfair contracts are concerned. It is suggested that, in the UK, the two key issues which need to be addressed are contracting-out and terms which may be substantively unfair.
33
Buckley, L.-A. "Recent legislation. Employment Equality Act 1998 (Ireland)." Industrial Law Journal 29, no. 3 (September 1, 2000): 273–79. http://dx.doi.org/10.1093/ilj/29.3.273.
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Merrett, L. "The Extra-Territorial Reach of Employment Legislation." Industrial Law Journal 39, no. 4 (November 23, 2010): 355–81. http://dx.doi.org/10.1093/indlaw/dwq025.
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Prassl, J. "Interpreting Employment Protective Legislation: Gisda Cyf v Barratt." Industrial Law Journal 40, no. 1 (February 3, 2011): 103–7. http://dx.doi.org/10.1093/indlaw/dwq033.
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Novak, I. М. "Protection of Employment under Martial Law." HERALD OF THE ECONOMIC SCIENCES OF UKRAINE, no. 1(42) (2022): 205–8. http://dx.doi.org/10.37405/1729-7206.2022.1(42).205-208.
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The purpose of the article is to analyze the tools of state business support policy and develop proposals for improving labor legislation to protect employment under martial law. Research methods: dialectical, abstract-logical, induction and deduction, analysis and synthesis, analogy and comparisons, system, complex and content analysis. The instruments of the state policy of supporting enterprises in the conditions of martial law are analyzed, in particular regarding the simplification of the regulation of labor relations by suspending the validity of the employment contract. It has been proven that this creates conditions for the legalization of hidden unemployment and limits workers’ access to assistance in the mandatory state social insurance system. The similarity of the impact of the factors of the COVID-19 pandemic and martial law on the labor market is shown. Based on the analysis of the international experience of saving jobs during the COVID-19 pandemic, ways of improving the labor legislation are proposed to compensate for the consequences of the suspension of the employment contract in the conditions of martial law. Keywords employment protection, martial law, suspension the validity of the employment contract, labor law, labor relations, hidden unemployment, COVID-19 pandemic.
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Meenan, Helen. "Age Discrimination: Law-Making Possibilities Explored." International Journal of Discrimination and the Law 4, no. 3 (September 2000): 247–92. http://dx.doi.org/10.1177/135822910000400303.
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Is there a sound model for the United Kingdom (UK) to adopt should it decide to legislate against age discrimination in employment? In this article the writer attempts to answer this question first, by outlining existing UK sex and race discrimination laws and then progressing to an examination of long-standing American legislation and caselaw in this area. Finally, it explores the Irish Employment Equality Act, 1998, a composite and comprehensive act which prohibits discrimination in employment based on ‘age’ and eight other grounds. The strengths and weaknesses of each of these laws are examined in turn and measured against each other. The final analysis would suggest that each of these models can usefully inform any future law-making process to a greater or lesser degree and that good practice and legislation can co-exist in harmony. Moreover, the present lack of legislation in the UK against age discrimination in any area but especially employment, is remarkable when compared with British laws on sex and race discrimination and is ultimately unwise in the face of the real need for remedies and, the present and growing expansion in numbers of that portion of the population and the working population which British and European society call ‘old.’
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O'Sullivan, M., and J. Macmahon. "Employment Equality Legislation in Ireland: Claimants, Representation and Outcomes." Industrial Law Journal 39, no. 4 (November 23, 2010): 329–54. http://dx.doi.org/10.1093/indlaw/dwq026.
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Hill, Charles. "Legislating by Proxy: Did President Obama Amend the Texas Labor Code When He Signed the Lilly Ledbetter Fair Pay Act?" Texas Wesleyan Law Review 18, no. 2 (December 2011): 337–58. http://dx.doi.org/10.37419/twlr.v18.i2.8.
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Does the Texas Labor Code permit Congress to amend Texas law by proxy? Specifically, does the Texas Commission on Human Rights Act automatically incorporate Title VII amendments? This is the question posed to Texas courts and federal courts interpreting the limitations period for filing employment discrimination claims with the Texas Workforce Commission. Despite almost two decades of court precedent interpreting Texas's equal employment opportunity law, the answer is anything but clear. With the passage of the Lilly Ledbetter Fair Pay Act, Texas courts must decide whether the law automatically incorporates the federal act or not. Given Title VII's deference to state law, the answer might seem simple. But, relying on the Texas Labor Code's correlative policy statement, when interpreting vagaries in Texas equal employment opportunity law, Texas courts have historically looked to federal case law interpreting Title VII for guidance. Does this practice mean that the Texas Labor Code must now automatically incorporate the Lilly Ledbetter Fair Pay Act because federal case law will now include it? This is the dilemma facing Texas courts. This Comment will discuss how courts, including some outside of Texas, have handled this question. Using these court opinions, this Comment will show why the Texas Labor Code does not support automatic incorporation. Additionally, this Comment recommends a legislative solution. By amending the correlative policy statement that Texas courts have used as justification for seeking guidance from federal case law, the Texas legislature can easily head off future automatic incorporation questions, sparing judicial resources and adding stability to Texas's equal employment opportunity law.
40
Guseva, T., and Ju Klepalova. "Harnessing the Power of Labour Law and Social Security Law to Achieve the Goal of Formalizing Labour Markets in the BRICS Countries." BRICS Law Journal 9, no. 2 (July 15, 2022): 94–120. http://dx.doi.org/10.21684/2412-2343-2022-9-2-94-120.
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The Declaration by the Labour and Employment Ministers of the BRICS countries, “Quality Jobs and Inclusive Employment Policies,” guarantees that formalization of labor markets is a global priority for the BRICS countries, as informal employment hampers productivity, potential economic growth and efforts to improve the welfare of populations worldwide. Taking into account this strategic goal, the authors analyze the informal employment processes in the BRICS countries and speculate on the transition from informal to formal employment. The article addresses the issues of inhomogeneous notional ranges used to define informal employment and recommends that the possibilities provided by labor legislation and government employment policy (such as increasing the number of formal working places and dynamic development of labor legislation directed at regulation of new employment forms) be used to tackle these issues. The potential of the social security right for achieving the goals of transition to a formal economy and social security coverage is characterized in detail; various legal forms of social security (for example, government social security, social insurance (mandatory as well as voluntary) and social support) are analyzed; and the possibilities of their application to informal workers in the BRICS countries are defined.
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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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Marín Alonso, Inmaculada. "La tutela preventiva de la lactancia natural y discriminación por razón de sexo en la praxis judicial europea y nacional: la inversión de la carga de la prueba en supuestos de incorrecta evaluación de riesgos laborales = Preventive protection of breastfeeding and sex discrimination in European and national judicial practice: reversal of the burden of proof in cases of incorrect assessment of occupational risks." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 1 (March 11, 2019): 459. http://dx.doi.org/10.20318/cdt.2019.4628.
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Resumen: Este trabajo muestra cómo el Tribunal de Justicia de la Unión Europea aplica de manera transversal la normativa comunitaria sobre discriminación entre hombres y mujeres en el empleo y la ocupación en relación con la tutela preventiva de las trabajadoras en situación de lactancia natural y con la prestación de seguridad social que cubre dicha contingencia. El Tribunal europeo ha ocasionado un significativo cambio en la doctrina judicial española al considerar que la incorrecta evaluación de riesgos de puestos desempeñados por trabajadoras en situación de lactancia natural es una discriminación directa por razón de sexo. Tal entendimiento conlleva la inversión de la carga de la prueba tanto en el derecho europeo como en el interno, reforzando las garantías procesales de la trabajadora en situación de lactancia. Basta que ésta aporte indicios razonables de riesgos para su seguridad y salud y/o su hijo para que el empleador asuma la carga de demostrar la ausencia del riesgo alegado y la carencia de móvil discriminatorio. Se suaviza o elimina con ello la exigencia de los tribunales internos de acreditar la existencia de un riesgo específico para la lactante y/o su hijo, aplicándose la nueva doctrina tanto a la evaluación del riesgo en el puesto de trabajo desempeñado por la lactante como a las diferentes medidas adoptadas por el empleador para evitar el mismo.Palabras clave: evaluación de riesgos laborales, lactancia natural, inversión de la carga de la prueba, discriminación por razón de sexo.Abstract: This paper shows how the Court of Justice of the European Union applies Community legislation on discrimination between men and women in employment and occupation in a cross-cutting manner in relation to the preventive guardianship of breastfeeding workers and also to the social security benefit which covers this contingency. The European Court has caused a significant change in Spanish judicial doctrine by considering that the incorrect risk assessment of positions held by breastfeeding workers is discrimination on the basis of sex. Such an understanding implies a reversal of the burden of proof in both European and domestic law, thereby reinforcing the procedural guarantees of the worker. It is sufficient for the latter to provide prima facie evidence of risks to her safety and health and/or her child for the employer to assume the burden of proving otherwise and the absence of discriminatory motive. The requirement of the domestic courts to accredit the existence of a specific risk for the breastfeeding worker and/or her child is thus softened or eliminated, applying the new doctrine both to the evaluation of the risk in the job performed by the breastfeeding worker and in the different measures adopted by the employer to avoid itKeywords: occupational risk assessment, breastfeeding, reversal of burden of proof, sex discrimination
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Grušić, Uglješa. "The Territorial Scope of Employment Legislation and Choice of Law." Modern Law Review 75, no. 5 (September 2012): 722–51. http://dx.doi.org/10.1111/j.1468-2230.2012.00922.x.
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Mullally, Siobhan. "Women, Law and Employment in Pakistan: from ‘Protection’ to ‘Equal Treatment’?" International Journal of Discrimination and the Law 1, no. 3 (March 1996): 207–32. http://dx.doi.org/10.1177/135822919600100302.
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This paper examines the legal regulation of women's employment in the public sphere in Pakistan. A large part of the legislation relating specifically to the employment of women is highly protective in nature. The 1973 Constitution of Pakistan assumes that women are in need of protection. This assumption is reflected in the labour legislation and in the international labour standards that have been adopted by Pakistan. Much of the existing Labour Code is a legacy of the colonial period and reflects the concerns of the early British factory movement to preserve female modesty and ‘protect’ women's roles within the domestic sphere. This paper attempts to identify those areas of the law most in need of reform if the protective approach to women's participation in the public sphere is to be transcended. Although legislative reform does not necessarily lead to a change in workplace practices, the existence of discriminatory legislation, gaps in existing legislation and a lack of adequate enforcement machinery constitute significant institutional barriers to women's participation in the public sphere. For these reasons, it is argued, calls for law reform and a focus on legislative reform as a strategy for change may be justified.
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Curran, Deirdre, and Mary Quinn. "Attitudes to employment law and the consequent impact of legislation on employment relations practice." Employee Relations 34, no. 5 (August 10, 2012): 464–80. http://dx.doi.org/10.1108/01425451211248514.
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Krasnoyarova, E. V. "Institutional principles of the employment contract." Voprosy trudovogo prava (Labor law issues), no. 10 (October 29, 2022): 630–38. http://dx.doi.org/10.33920/pol-2-2210-03.
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This article considers the meaning of the principles of law, their classification, the ratio of generally recognized principles of international labor law and national. The author made an attempt to formulate the basic institutional principles of the employment contract, analyze the norms of law, judicial practice, and also formulate proposals for improving labor legislation.
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Belozerova, Elena Olegovna, and Aleksandr Andreevich Zaria. "Application of the civil law institution of pre-contractual liability to labor relations." Право и политика, no. 10 (October 2021): 99–116. http://dx.doi.org/10.7256/2454-0706.2021.10.36544.
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The subject of this research is the legal relation that arise between the employee and the employer prior to signing employment agreement. Such relation, which suggest interviews, negotiation costs, etc., are not regulated by the Russian legislation. However, the number cases when the party suffers losses due to unfair conduct of negotiation by the other party increases. If the relations before conclusion of employment agreement are viewed from the perspective of labor legislation, there is no mechanism of compensation for damage. The article analyzes the need for inclusion of negotiations to the sphere of regulation of civil legislation and feasibility of application of the norms on pre-contractual liability in case of detection of bad faith. The author explores the foreign practice of implementation of the institution of pre-contractual liability in the sphere of employment. The novelty consists proving the expediency of application of civil law instruments to the relations under consideration. The article describes the procedural peculiarities of application of pre-contractual liability to the relations preceding labor relations. The following conclusions are made: relations that arise prior to signing employment agreement are referred to as civil relations, and do not intersect with employment relations; the job offer represents a formal offer within the framework of the Civil Code of the Russian Federation.
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Andrushko, A. "Labor relations during martial law." Uzhhorod National University Herald. Series: Law 1, no. 73 (December 9, 2022): 147–50. http://dx.doi.org/10.24144/2307-3322.2022.73.24.
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In the section on labor law, the labor rights of employees and employers, which are understood due to the introduction of martial law on the entire territory of Ukraine, are highlighted. It is emphasized that labor law is a social law, the primary task of which is to balance the interests of employees, employers and the state. Attention is drawn to new legal constructions of dismissal of an employee, changes in essential working conditions, new grounds for terminating an employment contract at the initiative of the employer are outlined, in particular: the employer is given the right to terminate the employment contract at his initiative in the event of an employee's absence from work and information about the reasons for such absence for more than four months, as well as in the event that it is impossible to provide the employee with working conditions, due to the fact that the production, organizational, technical capacities, means of production, or the property of the owner or the body authorized by him, necessary for the performance of the work by the specified employee, were destroyed as a result of hostilities; the procedure for suspending the employment contract is specified; for the period of martial law, certain restrictions provided by the legislation in the field of corruption prevention regarding employment in other paid or entrepreneurial activities are canceled; issues of organization of personnel records and archival storage of personnel documents at the employer, etc. are clarified. The theoretical research is conducted taking into account the optimization of labor legislation, that is, finding the best option, finding the optimal model of legal regulation of labor relations taking into account the martial law and adapting labor legislation to the standards of the European Union. It is emphasized that the optimization of labor legislation made it possible to significantly organize the order of interaction between the employee and the employer in the conditions of martial law, to eliminate the potential occurrence of labor disputes in connection with the existing legislative gaps in the regulation of labor relations, and ensured the appropriate level of flexibility of labor relations, which employers need in the conditions martial law.
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Nothdurft, John, and Hilary Astor. "Laughing in the Dark—Anti— Discrimination Law and Physical Disability in New South Wales." Journal of Industrial Relations 28, no. 3 (September 1986): 336–52. http://dx.doi.org/10.1177/002218568602800302.
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Legislation in New South Wales proscribes discrimination, both direct and indirect, against people with disabilities. The coverage of the legislation is wide and includes dis crimination in all aspects of employment and the provision of education, accommo dation, goods and services, and in registered clubs. The procedures that must be followed by a person with a disability to establish that discrimination has taken place have, however, caused problems. This paper reviews the New South Wales legislation and its operation, particularly in relation to equal employment opportunity programmes and people with physical disabilities. It concludes with reconunendations for refining the law and the methods by which it is implemented.
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Protopapa, Venera. "From Legal Mobilization to Effective Migrants’ Rights: The Italian Case." European Public Law 26, Issue 2 (June 1, 2020): 477–507. http://dx.doi.org/10.54648/euro2020052.
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The article analyses the process of legal mobilization for migrants’ rights and investigates how and with what effects, measured in terms of obtaining general policy response and ensuring implementation, legal actors and in particular civil society organizations have mobilized EU, international and domestic legislation on discrimination to promote migrants’ rights in Italy. It focuses in particular on two issues: access to employment in the public sector and access to welfare. Both issues have generated significant levels of litigation in domestic courts, with increasing involvement of civil society organizations. In relation to both, national legislation has been amended, in accordance with EU law, allowing access to employment in the public sector and extending the area of those that have the right to access to social welfare under equal conditions to categories of migrants protected under EU law. The article outlines the EU, International and domestic legislation on non-discrimination and equality for migrants, provides an overview of how litigation has been used to challenge in court the exclusion of migrants from employment in the public sector and welfare, tracks the process that brought to the reform and litigation in the aftermath highlighting the effects of litigation as a means for policy response and implementation. Discrimination, multilevel protection, migrants, welfare, employment, legal mobilization, policy response, implementation, civil society, courts.