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Littérature scientifique sur le sujet « Forced labor – Law and legislation »

Auteur : Grafiati
Publié le 10 mars 2023

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Articles de revues sur le sujet "Forced labor – Law and legislation"

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Et. al., Odiljon Sulaymanov,. « Abolition Of Forced Labour : Case Of Uzbekistan ». Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no 4 (11 avril 2021) : 1078–89. http://dx.doi.org/10.17762/turcomat.v12i4.618.

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The article analyzes the legal problems in the implementation of international labour standards on the abolition of forced labour in the national legislation of the Republic of Uzbekistan. Fundamental documents of the International Labour Organization on the abolition of forced labour – the legal nature of the Forced Labour Convention No.29, 1930 and the the Abolition of Forced Labour Convention No.105, 1957, the content of national legislation on this issue. The practice of assimilation of the provisions of international agreements on labor issues, which are legally binding for Uzbekistan, into national legislation, the compliance of some issues regulated by the legislation of the Republic of Uzbekistan on labor relations with the norms of international documents has been studied. As a result of the study, conclusions were made on improving the legislation on labor, criminal and administrative liability, as well as amendments to Article 7 of the Labor Code, Article 1482 of the Criminal Code and Article 51 of the Code of Administrative Liability, the Law of the Republic of Uzbekistan "On Employment" and were some suggestions on the appropriateness of making additions. Recommendations were made to amend the national legislation to abolition of forced and compulsory labour in order to bring it in line with international standards. The formation of institutional mechanisms for countering forced labour in Uzbekistan was studied in three periods, the specifics of each period, the functions of the established mechanisms, and the effectiveness of their activities were analyzed. In particular, the tasks of the National Commission for combating human trafficking and forced labour, created by the Decree of the President of the Republic of Uzbekistan No. PD-5775 dated July 30, 2019, and the Institute of the National Rapporteur are set out.
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Jurabek Rasulov, Odiljon Sulaymanov,. « ABOLITION OF FORCED LABOUR : CASE OF UZBEKISTAN ». Psychology and Education Journal 58, no 1 (1 février 2021) : 4564–80. http://dx.doi.org/10.17762/pae.v58i1.1563.

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The article analyzes the legal problems in the implementation of international labour standards on the abolition of forced labour in the national legislation of the Republic of Uzbekistan. Fundamental documents of the International Labour Organization on the abolition of forced labour – the legal nature of the Forced Labour Convention No.29, 1930 and the the Abolition of Forced Labour Convention No.105, 1957, the content of national legislation on this issue. The practice of assimilation of the provisions of international agreements on labor issues, which are legally binding for Uzbekistan, into national legislation, the compliance of some issues regulated by the legislation of the Republic of Uzbekistan on labor relations with the norms of international documents has been studied. As a result of the study, conclusions were made on improving the legislation on labor, criminal and administrative liability, as well as amendments to Article 7 of the Labor Code, Article 1482 of the Criminal Code and Article 51 of the Code of Administrative Liability, the Law of the Republic of Uzbekistan "On Employment" and were some suggestions on the appropriateness of making additions. Recommendations were made to amend the national legislation to abolition of forced and compulsory labour in order to bring it in line with international standards. The formation of institutional mechanisms for countering forced labour in Uzbekistan was studied in three periods, the specifics of each period, the functions of the established mechanisms, and the effectiveness of their activities were analyzed. In particular, the tasks of the National Commission for combating human trafficking and forced labour, created by the Decree of the President of the Republic of Uzbekistan No. PD-5775 dated July 30, 2019, and the Institute of the National Rapporteur are set out.
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USTINOV, ANDREI A. « Forced labor as a form of punishment ». Vedomosti (Knowledge) of the Penal System 227, no 4 (2021) : 36–44. http://dx.doi.org/10.51522/2307-0382-2021-227-4-36-44.

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Abstract. The purpose of the article is to identify, on the basis of analysis of law enforcement practice and opinions of personnel of the penal system, practical problems arising in the execution of punishment in the form of forced labor, and ways to solve them for the purpose of improvement of the criminal and penal legislation in this area. The expediency of introducing some amendments to the legislation aimed at improving the procedure for the execution of forced labor is substantiated. Key words: penal law, punishment, forced labor, execution of punishment, correctional center.
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Козир, В. О. « ПРИНЦИП СВОБОДИ ДОГОВОРІВ ПРО ПРАЦЮ Й ЗАБОРОНИ ПРИМУСОВОЇ ПРАЦІ ТА ЙОГО РЕАЛІЗАЦІЯ ЯК ПІДҐРУНТЯ ВЗАЄМОДІЇ ПРАЦІВНИКА Й РОБОТОДАВЦЯ ». Збірник наукових праць ХНПУ імені Г. С. Сковороди "Право", no 31 (février 2020) : 80–86. http://dx.doi.org/10.34142/23121661.2020.31.09.

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The purpose of the article is to characterize the principle of freedom of employment contracts and the prohibition of forced labor as a basis for interaction between employee and employer. The author notes that in the domestic science of labor law we do not find a single principle of freedom of contract and prohibition of forced labor, it occurs as two separate principles – freedom of contract of employment and prohibition of forced labor. The article substantiates the author's opinion that today in labor law Ukraine should talk about a single principle - the principle of freedom of employment contracts and the prohibition of forced labor, which is important not only for labor law as one of the main vectors of its norms, it is reliable. a platform for interaction between the employee and the employer in achieving a common result meaningful to them through the realization of their own interests. Emphasis is placed on the primacy of the employment contract in matters of the possibility of concluding employment contracts. After all, the employment contract is the platform that connects the joint legal relations of the employee and the employer and determines the possibility of detailing these and other relations derived from them. The author also provides suggestions for improving the current labor legislation.
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M. Natta, Pierfilippo. « Anti-Forced Labour Update : Stronger Legislation with an Absence of Guidance ». Global Trade and Customs Journal 16, Issue 5 (1 mai 2021) : 209–16. http://dx.doi.org/10.54648/gtcj2021023.

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Addressing forced labour concerns in 2021 – upcoming legislation and lack of concrete guidance leaves importers concerned when developing mitigation strategies. The last six months have harvested major developments in the area, this brief update highlights how targeted the developments have become and how companies may best prepare for the upcoming anti-forced labour legislation (This is one of a series of articles addressing force labour law. See Olivia Acuff, Donald C. Hok, Pierfilippo M. Natta & George Zaharatos, Eradicating Forced Labour in Global Supply Chains, 15(8) Global Trade & Cust. J. 388–400 (2020)).
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Tomashevski, K. L. « Problems of Costitualization of Labour Legislation in Eurasian Economic Union Member-States ». Russian Journal of Legal Studies 3, no 4 (15 décembre 2016) : 86–95. http://dx.doi.org/10.17816/rjls18203.

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In the article with support on scientific ideas of scientists in area of constitutional and labour law a concept «constitualiza- tion of labour legislation» is analysed and determined. An author conducts the comparative analysis of both part of terminology of national legislation of states-members of the Eurasian economic union (in regard to categories a «labour legislation», «legislation, is about labour») and constitutional norms, relating to grow labour right, exposes between them common and special. On the basis of comparison of constitutional positions and norms of national legislation of Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia certain retreats are shown from constitutional and simultaneously universally recognized principles of international law in the field of labour as principles of prohibition of force labor, freedom of association, and also right on a strike.
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Kashekhlebova, E. A. « On the issue of changes in labor legislation on remote (remote) work (experience of the COVID-19 pandemic) ». Courier of Kutafin Moscow State Law University (MSAL)) 1, no 8 (13 novembre 2021) : 118–24. http://dx.doi.org/10.17803/2311-5998.2021.84.8.118-124.

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The sphere of social and labor rights has undergone a large-scale transformation due to the COVID-19 pandemic and related restrictive measures. Almost all enterprises and organizations during the period of restrictive measures were forced to switch to a remote (remote) mode of operation. Some, and sometimes all, employees of organizations were forced to perform their labor function, stipulated by an employment contract, at home.At the same time, before the introduction of the above-mentioned forced measures and subsequent amendments to the labor legislation regarding the regulation of the work of “homeworkers”, there were no provisions in the domestic labor legislation that would allow establishing legal regulation of the emergence of this kind of relationship between an employee and an employer.In December 2020, 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” was adopted.This article is devoted to a conceptual review of the amendments to the Labor Code of the Russian Federation adopted in 2020, aimed at establishing the regulation of remote (remote) work, as well as the procedure for temporary transfer of an employee to remote (remote) work on the initiative of the employer in strictly exceptional cases.
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Kyselova, O. I., et M. Soldatenko. « Practice of compensation for moral damage in labor law of Ukraine and foreign countries ». Legal horizons, no 26 (2020) : 59–65. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p59.

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The problems of legislative regulation of compensation for moral damage caused to an employee in terms of labor liability of the employer are studied. It is established that the current labor legislation does not contain a clear and sufficient regulation of this issue, so compensation for moral damage under labor legislation is an urgent problem at this stage of development. Thus, the Labor Code of Ukraine does not contain the very concept of nonpecuniary damage, indications of any criteria that affect the amount of compensation, does not provide sectoral specifics of protection of employee rights, therefore, the law enforcer is forced to address many issues of the Civil Code . All this, in our opinion, creates gaps in labor law. Therefore, it is proposed to develop clear criteria for determining the presence or absence of moral suffering of the employee as a result of violation of his labor rights guaranteed by law. In addition, it is determined that in Ukraine to this day there are a number of obstacles to the formation of uniform judicial practice for resolving labor disputes. One of them, in our opinion, is the lack of clearly defined criteria for determining the amount of non-pecuniary damage. After analyzing the experience of foreign countries on compensation for moral damage to employees in labor law, and the experience of Ukraine on this issue, we propose to introduce into law a specific list of cases that cause non-pecuniary damage in labor law, as well as to establish a minimum amount of moral damage. when the court decision determines its size, which is not proportional to the losses incurred by the injured person. Also, we consider it expedient to create certain subdivisions in the courts that would deal exclusively with labor disputes. A positive application of this practice would be the ability to elect judges from these units from ordinary citizens involved in labor relations, following the example of France. Such a system helps to increase the level of trust of employees and employers in the court and the resolution of labor disputes, including cases of compensation for moral damage.
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Sobolev, S. A. « THE SUBJECT AND CONTENT OF LAW IN THE STUDY OF CONTINUITY AND DISCONTINUITY OF THE HISTORY OF LABOR LAW IN RUSSIA ». Bulletin of Udmurt University. Series Economics and Law 31, no 6 (3 décembre 2021) : 1065–71. http://dx.doi.org/10.35634/2412-9593-2021-31-6-1065-1071.

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The article attempts to investigate general and particular issues of the social development of the domestic legal system in the modern knowledge of its history from a general theoretical standpoint on the example of a specific legal discipline - labor law. The problem of methodological order is considered when there is a confusion of law as an object of cognition with a real reflection of the formation and social development of its subsystems or structural components, which receive study at the sectoral level. Labor law is analyzed as a subsystem or the most important structural component of the legal system, while scientific research on various aspects of the history of labor legislation goes beyond the modern industry and academic discipline. The problem of the methodological order is the continuity and discontinuity of the very course of development of the domestic system of law and branches of law of the Russian Empire, the Soviet and modern periods. Attention is drawn to the fact that many modern labor law categories in the period before 1917 were absent in the legislation, but formed the content of legal acts and scientific research. In turn, labor relations were formalized by a contract of employment (personal employment), but the specifics of its regulation were determined by mining and factory legislation. Some problems of understanding the modern history of labor law are characterized, when in the general theoretical and branch educational and scientific literature on labor and civil law, concepts such as an employment contract and labor legislation are mixed, and labor law as a branch of law refers to private law. Based on the theoretical works of scientists of the Russian Empire, the Soviet and modern period, a combination of private law and public law foundations of labor law is shown.
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Echeverry, Eliza Guyol-Meinrath. « Violence, Development, and Canada’s New Transnational Jurisprudence ». Conflict and Society 4, no 1 (1 juin 2018) : 167–85. http://dx.doi.org/10.3167/arcs.2018.040113.

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For decades, Canadian-based corporate development projects have been linked to acts of violence in countries all over the world. These acts include sexual violence, destruction of property, community displacement, the use of forced labor, and other forms of violence. While Canada has repeatedly failed to pass legislation holding Canadian-based corporations accountable for human rights abuses committed abroad, Canadian courts are increasingly asserting their jurisdiction over cases of development-related violence. Analyzing two ongoing court cases—Caal v. Hudbay, regarding sexual violence in Guatemala, and Araya v. Nevsun, regarding forced labor in Eritrea— this article examines the potential and limits of law to address the bureaucratic mechanisms and grounded experiences of corporate-development-related violence, and the changing relationship between states, corporations, law, and human rights in the modern global era.
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Thèses sur le sujet "Forced labor – Law and legislation"

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Jovanović, Marija. « Human trafficking, human rights and the right to be free from slavery, servitude and forced labour ». Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:438dfa89-492c-4882-b882-8f21a0f60e9e.

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The thesis engages with a dynamic discourse on the human rights approach to human trafficking. Building on the traditional doctrine of human rights, the thesis demonstrates that human trafficking is not a human rights violation, save for a state involvement in it, either directly or through a failure to observe its positive obligations imposed by the existent human rights. In situations that do engage human rights law, the thesis defends an argument that conceptually, human trafficking falls within a domain of the right to be free from slavery, servitude and forced labour. This argument is grounded in both a doctrinal and a conceptual analysis. In particular, the thesis conducts a unique conceptual and legal analysis of Article 4 of the European Convention of Human Rights offering an original interpretation of the concept of exploitation in the context of practices associated with trafficking and 'modern slavery'. This type of inquiry is missing in the existent scholarship. The thesis also conducts a detailed analysis of the jurisprudence of the European Court of Human Rights on positive obligations to protect vulnerable individuals arising out of 'absolute' rights. In addition to providing a complete analysis and classification of these positive obligations, the thesis draws attention to the important difference between the scope of the right and the scope of state responsibility in situations of private infringements of 'absolute' rights. Accordingly, the thesis demonstrates that whereas the prohibition contained in these rights is absolute for the state, positive obligations in situations of their infringements by private individuals are of a limited scope. The analysis of the jurisprudence of the Strasbourg Court is supplemented by a comprehensive discussion of the obligations established in the trafficking-specific instruments. The thesis explains how victim protection provisions contained in these instruments may inform human rights obligations, yet, it demonstrates that these do not represent such obligations on their own. This analysis provides a roadmap for practitioners and activists when arguing cases before the Strasbourg Court and domestically. In addition to this practical dimension, the thesis intends to provide an important contribution to the scholarship on human rights law, and on human trafficking specifically.
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Hastie, Bethany. « By any means necessary : towards a comprehensive definition of coercion to address forced labour in human trafficking legislation ». Thesis, McGill University, 2012. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=106622.

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With the substantial rise in global migration in recent years, human trafficking and forced labour are becoming increasingly important international and domestic legal issues. A decade since the inception of the Palermo Protocol, States continue to grapple with the legal definitions associated with human trafficking. This is particularly evident with respect to the concept of coercion, and its prevalence in the realm of forced labour. This thesis explores the meaning of coercion as it applies to human trafficking, and particularly to forced labour, in an effort to address the complexity of this concept from both an international perspective, and specifically in its application to Canadian law against human trafficking. This thesis posits that coercion is non-physical in nature and is employed through threats and penalties which target particular vulnerabilities of victims. This thesis develops a legal conceptual framework to define coercion which can inform domestic and international law in improving the criminal justice response to human trafficking and applies this framework to the current Canadian Criminal Code offence against human trafficking to demonstrate existing gaps, and to propose legislative reform which can improve the investigation and prosecution rates of forced labour cases in Canada.
La traite des êtres humains et le travail forcé présentent des enjeux juridiques nationaux et internationaux de plus en plus importants. Une décennie après la mise en œuvre du Protocole de Palerme, les Etats continuent à débattre des définitions juridiques associées à la traite humaine. Cela est particulièrement évident concernant le concept de contrainte, et sa prévalence dans le domaine du travail forcé. Ce mémoire explore la signification de la contrainte telle qu'elle s'applique à la traite des êtres humains, et plus particulièrement au travail forcé, afin d'adresser cette question complexe par une double perspective internationale et canadienne, en la confrontant à la loi domestique contre la traite des êtres humains. Ce mémoire postule que la contrainte est de nature non-physique et qu'elle est utilisée efficacement par des menaces et sanctions qui ciblent les vulnérabilités particulières des victimes. Ce mémoire développe un cadre juridique pour définir le concept de contrainte, afin d'informer les lois nationales et internationales dans un but d'améliorer la réponse pénale à la traite des êtres humains. Ce cadre juridique est ensuite opposé à la lettre de l'infraction portant sur la traite des êtres humains, telle que présentement comprise dans le Code criminel du Canada, afin de démontrer les lacunes existantes, et de proposer des réformes législatives qui pourront améliorer le taux de réussite des enquêtes et des poursuites portant sur le travail forcé au Canada.
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Evans, Barbara A. (Barbara Ann). « British tea planters and the Madras planters' labour law of 1903 : the creation and coercion of a migrating labour force in the Nilgiri Hills of southern India ». Phd thesis, Department of History, 1991. http://hdl.handle.net/2123/8914.

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Wasileski, Gabriela. « Labor law transformation and the rule of law the Czech and Slovak Republics, 1993-2005 / ». Access to citation, abstract and download form provided by ProQuest Information and Learning Company ; downloadable PDF file, 100 p, 2007. http://proquest.umi.com/pqdweb?did=1303296061&sid=10&Fmt=2&clientId=8331&RQT=309&VName=PQD.

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Sundra, Karean Vanitha Karean. « Individual empowerment in labour law / ». [St. Lucia, Qld.], 2004. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe18313.pdf.

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Munuve, Lilian Kasyoka. « A comparison between the South African and Kenyan labour law systems ». Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/752.

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Labour law is a system of rules regulating the labour force in the society. These rules of labour are legal rules and are legally enforceable which means that if there is a breach of rules a party may approach a court of law or any other institution to obtain relief in respect of the breach of the rules. As a large percentage of the population at any given time in the world is involved with employment relationship, the labour relationships between employer and employee cannot be ignored as it affects both socio-economic and political factors in our society. Labour Law in general focuses on various relationships, including the relationship between the employer and employee, between the employer and a trade union or a group of employees, employers and employers’ organization. From the foregoing it can be deduced that there are two components of labour law which must be distinguished, namely individual and collective labour. The individual relationship focuses on the relationship between the employer and the employee while collective labour laws deal with matters such as legal nature of trade unions (and employers’ organization), the legal nature and enforceability of collective agreements, collective bargaining institutions and the legal consequences that flow from strikes, lock outs and other forms of industrial action. Collective labour law can therefore be said to be the body of rules which regulates the following collective relationships between: • employees and the trade union they belong to • employers and employers’ organization • employers and /or employers organization and trade unions • the government and trade unions • the government and employers organization However the collective labour law cannot be said to be absolute but is interdependent with individual labour law because the collectively agreed terms become part of the individual employment relation. This study mainly focuses on the collective labour aspect of the labour law system which shall be discussed in detail in the chapters to follow.
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Van, Loggerenberg Johannes Jurgens. « Constructive dismissal in labour law ». Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/301.

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The history of constructive dismissals in South Africa imitated from the English law in 1986, when an employee successfully challenged the employer on this particular concept after an incident relating a forced resignation. From the literature it is clear that constructive dismissal, as we know it today, originated from our English counterparts. Being a relatively new concept, the South African labour laws caught on at a rapid pace. The leading case on which the South African authors leaned towards was the English case of Woods v WM Car Services (Peterborough). In South Africa constructive dismissals were given statutory force in unfair dismissal law and is defined as the coerced or forced termination of a contract of employment resultant in from the conduct of the employer. There are many forms in which constructive dismissals would postulate that could justify an employee to lay claim to constructive dismissal. Examples thereof are the amendment of the contract of employment, rude language and sexual harassment. It is eminent that certain elements should be present before an employee would have reasonable prospects of succeeding with such a claim. Constructive dismissal comes into the equation when an employer behaves in such a manner that eventually and ultimately leads to the employee, being the receiving party, in the employment relationship, to terminate the employment contract. This termination must be the direct result of the conduct of the employer that irreparably frustrated the relationship and made it impossible for the employee to remain in the service of the employer in question. It appears that the courts have taken a firm stance on coerced or forced resignation, in its various forms tantamount to breach of contact, that any sufficiently unreasonable conduct by an employer may justify that the employee to terminate services and lay claim to the fact that he had been constructively dismissed. It needs to be mentioned that the fact that the mere fact that the employer acted in an unreasonable manner would not suffice and it is up to the employee to prove how the conduct of the employer justified the employee to leave and claim that the employer’s conduct resulted in a material or fundamental beach of the employment contract. In dealing with the contingency of the concept of constructive dismissals it has been expressly provided for in numerous systems of labour law. As is seen herein, a constructive dismissal consists in the termination of the employment contract by reason of the employee’s rather than the employer’s own immediate act. The act of the employee is precipitated by earlier conduct on the part of the employer, which conduct may or may not be justified. Various authors and academics endeavoured to defined constructive dismissal and all had the same or at least some of the elements present, to justify constructive dismissal. The most glaring element being the termination of employment as a result of the any conduct that is tantamount to a breach going to the root of the relationship by the employer, that frustrated the relationship between the employer and the employee and rendered it irreparable. The employee resigns or repudiates the employment contract as a result of the employer normally not leaving the employee any other option but to resign. This can also be termed as coerced or forced resignations and are commonly better known as “constructive dismissal”. The employee is deemed to have been dismissed, even though it is the employee who terminated the employment contract. The most important element to mention is the employee terminated the employment contract, ie resigned yet this is regarded as a dismissal, it is however for the employee to first lay a claim at the proper authority and the employee must prove his / her allegation before it can be a constructive dismissal. As will become clear, that the onus of proof is on the employee to show that the termination of employment resulted from the conduct of the employer. Equally true as in all cases of constructive dismissal, including cases of sexual harassment, being a ground for constructive dismissal, the employee must prove that to remain in service would have been unbearable and intolerable. Sexual harassment is one of the most difficult forms of constructive dismissals, in many cases there are no witnesses and the employee either “suffers in silence or opt to place her dignity at stake to prove her case. It seems as though the test is to determine if the employer’s conduct evinced a deliberate and oppressive intention to have the employment terminated and left the employee with only one option that of resignation to protect her interests. Employees have a right to seek statutory relief and needs to be protected. If a coerced or forced resignation had taken place irrespective whether the employee resigned or not. It is against this back drop that constructive dismissals was given legality and are now recognized as one of the four forms of dismissals in terms of the Act.
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Myeki, Mfundo. « Dismissal law in the education sector ». Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1567.

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This treatise will therefore critically discuss fairness requirements in dismissal law within the context of the education sector from: i) the perspective of a dismissed employee; and ii) the perspective of an employer who wishes to dismiss employees fairly; and iii) the perspective of a deemed dismissal. It will be proper to flow this discussion from the premises of what should be considered procedural and substantive fairness in dismissals.
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Matthews, John. « The legal issues relating to human resources for foreign investors in Hong Kong and/or China ». Thesis, Click to view the E-thesis via HKUTO, 1995. http://sunzi.lib.hku.hk/HKUTO/record/B38627814.

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Glock, Philipp. « Requirements of industrial action in South Africa and Germany : a comparison ». Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4394_1182224745.

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This paper investigated how the law of industrial action is shaped in South Africa and in Germany, which specific problems occur in South Africa and Germany, and how the different legal systems solve these problems. It also compared the different legal approaches of these two countries.

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Livres sur le sujet "Forced labor – Law and legislation"

1

Allain, Jean. The law and slavery prohibiting human exploitation. Leiden, The Netherlands : Brill Nijhoff, 2015.

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2

United States. Congress. Senate. Committee on Foreign Relations. The Convention Concerning the Abolition of Forced Labor : Report (to accompany EX. K, 88-1). [Washington, D.C. ? : U.S. G.P.O.], 1991.

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United States. Congress. Senate. Committee on Foreign Relations. The Convention Concerning the Abolition of Forced Labor : Report (to accompany EX. K, 88-1). [Washington, D.C. ? : U.S. G.P.O.], 1991.

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4

United States. President (1989-1993 : Bush). Message urging Senate action on the Convention Concerning the Abolition of Forced Labor : Message from the President of the United States transmitting the message from the President of the United States urging Senate action on the Convention Concerning the Abolition of Forced Labor (Convention no. 105), adopted by the International Labor Conference at its 40th session, Geneva, June 25, 1957 [EX. K, 88th Congress, 1st session], with accompanying papers. Washington : U.S. G.P.O., 1991.

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Mehergarh, A Center for Learning (Pakistan) et Trócaire (Organization), dir. Set at liberty, is it enough : An unfortunate history of bonded labour in Pakistan. Islamabad : Mehergarh, 2010.

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Dubey, Anand K. Social justice and bonded force in India. Jaipur, India : Printwell Publishers, 1989.

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United States. Congress. Senate. Committee on Foreign Relations. ILO Convention (No. 105) concerning the Abolition of Forced Labor, Ex. K, 88-1 : Hearing before the Committee on Foreign Relations, United States Senate, One Hundred Second Congress, first session, April 22, 1991. Washington : U.S. G.P.O., 1991.

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1939-, Alagh Yoginder K., Lahiri Ashok, Aiyer Swaminathan et National Council of Applied Economic Research., dir. Ideology, economics, and labour market policy. New Delhi : National Council of Applied Economic Research, 1999.

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Ri︠a︡binin, A. A. Osnovy ispravitelʹno-trudovogo (ugolovno-ispolnitelʹnogo) prava Rossiĭskoĭ Federat︠s︡ii : Voprosy different︠s︡iat︠s︡ii i individualizat︠s︡ii nakazanii︠a︡. Moskva : I︠U︡rist, 1995.

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Prakash, S. S. Bonded labour and social justice. New Delhi : Deep & Deep Publications, 1990.

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Chapitres de livres sur le sujet "Forced labor – Law and legislation"

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Grossbard, Shoshana, et Victoria Vernon. « Labor Supply, Household Production, and Common Law Marriage Legislation ». Dans The Marriage Motive : A Price Theory of Marriage, 89–114. New York, NY : Springer New York, 2014. http://dx.doi.org/10.1007/978-1-4614-1623-4_7.

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Speziale, Valerio. « Il ‘diritto dei valori’. La tirannia dei valori economici e il lavoro nella Costituzione e nelle fonti europee ». Dans Studi e saggi, 125–63. Florence : Firenze University Press, 2022. http://dx.doi.org/10.36253/978-88-5518-484-7.09.

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After analysing the different meanings of the term «value» and the passage from juridical positivism to «the right of values» (described in its essential characteristics), the essay points out the constitutional principles of labour in the Italian Constitution and in the European legal sources. The evolution of the legislation enacted in the last few years (mainly since the last decade of the twentieth century) shows that Labour Law has been functionalized to reaching economic targets, creating a «tyranny of values», according to Carl Schmitt’s theory. However, the supremacy of economic values which has influenced the legislation is in contrast with the principles of Labour protection established in the Constitution, in the European legal sources and in the Charts of fundamental rights. Such principles, in the light of the rules of interpretation of these legal texts, impose different legal disciplines. They are also based on the interpretations of the Constitutional Court which define labour as a fundamental right of man and require a «personalistic» rather than a «mercantile» vision of Labour Law protection. Also the European legal sources protect labour to a similar extent to the Italian Constitution, with specific reference to the European Social Chart. However if, as expressed by some decisions of the Court of Justice, we should sustain that the law of the European Union does not express the same «idea of work» as our Constitution, this situation would not justify the prevalence of the economic dimension of labour. In fact, the Italian Constitutional Court has recently stated that the principles established by the European legislation must be «harmonized and balanced» with those contained in the Constitution, in order to ensure «the highest protection of rights at a systemic level» (judgement no. 269/2017). Such harmonization does not allow economic values to prevail over some es- sential labour characteristics (such as dignity, freedom of expression, safety, equal conditions of labour and remuneration, etc.) with which the human personality is formed.
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Mantı, Nebile Pelin, et Dilara Nur Cansu Islam. « Genocide, Forced Migration, and Forced Labor : A Case Study on Rohingya People Under International Law ». Dans Rohingya Refugee Crisis in Myanmar, 19–45. Singapore : Springer Singapore, 2022. http://dx.doi.org/10.1007/978-981-16-6464-9_2.

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Dingeldey, Irene, et Jean-Yves Gerlitz. « Labour Market Segmentation, Regulation of Non-Standard Employment, and the Influence of the EU ». Dans International Impacts on Social Policy, 247–60. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-86645-7_20.

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AbstractIn wake of the 1970s energy crisis, labour markets in Organisation for Economic Co-operation and Development (OECD) countries changed considerably: deindustrialisation, low economic growth, and high structural unemployment challenged the standard employment relationship (SER), and a flexibilisation of employment was promoted. Tertiarisation and increasing female labour market participation fuelled the spread of non-standard forms of employment (NSER) such as part-time and temporary work. Since the 1990s, EU member countries aligned their NSER regulation to that of the SER, while in other OECD countries, NSERs remained un(der)regulated. The chapter illustrates the transformation of labour markets and the development of NSER regulation for selected countries, relying on national Labour Force Surveys and the Cambridge Labour Regulation Index. It tells the story of how membership in a supranational organisation has shaped national labour legislation.
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Gorshkov, Boris B. « Toward a Comprehensive Law : Tsarist Factory Labor Legislation in European Context, 1830–1914 ». Dans Russia in the European Context, 1789–1914, 49–70. New York : Palgrave Macmillan US, 2005. http://dx.doi.org/10.1057/9781403982261_4.

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Marchetti, Sabrina. « Migration ». Dans IMISCOE Research Series, 33–51. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-11466-3_3.

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AbstractState policies may strongly influence the employment of migrants for care and domestic work (Ruhs & Anderson, 2010). Both sending and receiving countries have adopted mechanisms to channel migrants (especially women) into this specific occupation. The care market-oriented scenario described in the previous pages creates a growing demand for a (female) migrant labour force employed to work for longer hours and at lower wages than local workers (Anderson & Shutes, 2014; Cangiano & Shutes, 2010). These migrant care workers are generally disadvantaged by policies privileging skilled over unskilled migration, as well as by legislation denying (long-term) residence permits to people employed in the care sector. Policies that make the regular employment of migrants very difficult contribute to the under-valuation of these jobs, which are generally assigned to the most vulnerable and stigmatized subjects in each national context (Lan, 2006). Women migrating to work in the domestic and private care sector face a complex landscape of migration and labour regulations that is extremely difficult to navigate. The situation is also problematic for households that cannot find appropriate or affordable care within declining welfare states and among fellow nationals reluctant to take these jobs, but are forbidden or discouraged from directly hiring a domestic worker who is a third-country national. As a consequence, irregular migration and informal work are expanding within the realm of private homes.
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Franconi, Andrea Isabel. « Economic Variations and Their Impact on Labor Legislation Throughout History in Argentina ». Dans Employment Protection Legislation in Emerging Economies, 77–98. IGI Global, 2018. http://dx.doi.org/10.4018/978-1-5225-4134-9.ch004.

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Throughout history, Argentina has undergone a series of profound economic variations, which, as such, have produced a strong impact on labor legislation and social security. The access key in Argentina to labour law protection is the existence of a relationship of dependence. This turns to be an inclusive and exclusive condition because it divides strictly the labour market and the labour force inherent in two different areas, namely, the subordinate workers (who are included in the labour protection system) and the rest of the employees, including among the latest, the ones involved in non-typical forms of employment contracts. For such purposes, it is important to analyze different periods of time, selecting the more significant ones to see the evolution of Argentinean labour legislation. It is also relevant to describe the consequences caused by economic and political variations on collective bargaining in order to understand the composition of the actual labour force in Argentina.
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Nandamuri, Purna Prabhakar, Rekh Raj Jain et Vijayudu Gnanamkonda. « Corporate Supply Chains and the Challenge of Labor Standards ». Dans Handbook of Research on Supply Chain Management for Sustainable Development, 75–103. IGI Global, 2018. http://dx.doi.org/10.4018/978-1-5225-5757-9.ch005.

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The global manufacturing network facilitates the complex and opaque supply chains, comprising multiple levels of subcontracting which provide an easy scope for modern slavery through unfair labor practices. Global supply chains accommodate around 20% of total workforce. But, it is estimated, at any given moment that approximately three out of every thousand people on the planet are suffering in some form of forced labor, which is more prevalent in the Asia-Pacific region, which accounts for around 56% of the global total. Further, about 90% of the forced labor are exploited in the private economy. However, most of the successful corporates along with the governments understand the need to combat this global menace through strong legislation. The chapter attempts to analyze the major legal provisions of the prevailing labor standards framework in India, along with the pertinent case laws.
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Faragher, Colin. « 14. Introduction to human rights in UK law ». Dans Public Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803898.003.0014.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the European Convention on Human Rights and Fundamental Freedoms (ECHR) and the Human Rights Act (HRA) 1998. The ECHR guarantees civil and political rights. These are the right to life; the prohibition of torture, inhuman, and degrading treatment or punishment; the prohibition of slavery and forced labour; the right to liberty; the right to a fair and unbiased hearing; the prohibition of retrospective legislation; the right to respect for private and family life; freedom of conscience and religion; freedom of expression; freedom of association; the right to marry and found a family. The ECHR has been expanded by a series of supplementary treaties called protocols. The First and Sixth Protocols give individuals additional rights which were incorporated into British law by the HRA 1998.
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Faragher, Colin. « 14. Introduction to human rights in UK law ». Dans Public Law Concentrate, 196–208. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840527.003.0014.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the European Convention on Human Rights and Fundamental Freedoms (ECHR) and the Human Rights Act (HRA) 1998. The ECHR guarantees civil and political rights: these are the right to life; the prohibition of torture, inhuman, and degrading treatment or punishment; the prohibition of slavery and forced labour; the right to liberty; the right to a fair and unbiased hearing; the prohibition of retrospective legislation; the right to respect for private and family life; freedom of conscience and religion; freedom of expression; freedom of association; and the right to marry and found a family. The ECHR has been expanded by a series of supplementary treaties called protocols. The First and Sixth Protocols give individuals additional rights which were incorporated into British law by the HRA 1998.
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Actes de conférences sur le sujet "Forced labor – Law and legislation"

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Petrović, Jovana. « USLUGE AGENCIJA ZA PRIVREMENO ZAPOŠLjAVANjE ». Dans XV Majsko savetovanje : Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.527p.

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Temporary agency work is an atypical form of employment that is becoming more frequently used as an alternative to standard labour relationship. It is a complex, ‘triangular’ legal relationship, which involves temporary-work agency, employee employed by the agency and a user firm, to which the agency assigns the employee. This is not a new legal institute, but it has become popular and somewhat legally regulated in the territory of the former SFRY in the last ten years. The Republic of Serbia does not have regulations that would regulate this specific issue, although these agencies exist in practice and in large numbers operate in the labor market of Serbia. However, Serbia has taken a step on the road to that. Namely, the Ministry of Labor has published the Draft Law on Agency Employment with the aim of providing legitimate employment and guaranteeing a working position of the transferred workers who are guaranteed to the employees with the employer. By introducing the legal framework for work through the temporary employment agency, the labor legislation of the Republic of Serbia is harmonized with the international standards of the ILO and the EU. By clearly defining the temporary employment agencies and specifying the conditions for their work, the rights and obligations of persons who conclude an employment contract with the temporary employment agency for the purpose of assigning temporary employment to the employer, and other mutual rights and obligations of the employees, agencies and employers of the users, This area and maximally protect the so-called. agency employees. Namely, agency employees will receive equal wages and other basic working conditions, safety and health at work and other working conditions applicable to employees directly employed by the employer-user (according to which the order and instructions of the agency employee work).
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Ilici, Stefan, Laszlo Robert, Daniela Carmen Rus, Iuliana Claudia Miron et Claudia-Raluca Ilici. « RESEARCH ON THE ENVIRONMENTAL CONDITIONS OF STORAGE AND HANDLING OF EXPLOSIVE MATERIALS FOR CIVIL USE AND OF PYROTECHNIC ARTICLES WITH RESPECT TO THE SAFETY AND HEALTH OF PERSONAL AND HUMAN PERSONNEL ». Dans 22nd SGEM International Multidisciplinary Scientific GeoConference 2022. STEF92 Technology, 2022. http://dx.doi.org/10.5593/sgem2022/1.1/s03.026.

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The storage of explosives and pyrotechnic articles must be carried out in complete safety conditions and only in storage facilities (depots) arranged and authorized for this purpose. The legislation in force has strict provisions on the rules of explosive & pyrotechnics storage, handling and access in the storage facilities. Failure to comply with certain provisions of the law in the product safety data sheet prepared by the manufacturer may lead to the generation of hazardous situations which may result in very serious consequences such as explosion, fire, damage of constructions in the area and even damage to the environment. In the last years, in Romania there have been a series of accidents with victims or considerable material damage, these being as a result of actions of incorrect handling, storage, maintenance or failure to ensure the proper storage conditions accordingly with the specific legislation and technical recommendations. Following the results of this accidents, INSEMEX Petrosani as a research institute in mine safety but as well as notified body in the field of explosives, pyrotechnic articles & blasting techniques approval and certification, at the request of the authorities (Court, Prosecutor's Office, Police Office or State Labor Inspection) carried out several investigations in order to establish the causes that generated these events. The article presents some of outcomes of this investigations with the focus on recommendations to avoid similar events.
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Едреев, Тамерлан Шайх-Магомедович. « LABOR LAW CHANGES : REMOTE WORK LAW ». Dans Научные исследования в современном мире. Теория и практика : сборник избранных статей Всероссийской (национальной) научно-практической конференции (Санкт-Петербург, Май 2021). Crossref, 2021. http://dx.doi.org/10.37539/nitp316.2021.98.33.008.

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В статье проанализированы изменения в трудовом законодательстве об удаленной работе, направленные на минимизацию негативных последствий распространения вируса, как на основе механизмов, уже заложенных в трудовом законодательстве, так и с учетом мер, принимаемых на федеральном и региональном уровне. The article analyzes the changes in labor legislation on remote work, aimed at minimizing the negative consequences of the spread of the virus, both on the basis of the mechanisms already laid down in labor legislation, and taking into account the measures taken at the federal and regional levels.
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Golovina, Svetlana Yu, Yuliya A. Kuchina et Alena V. Serova. « Labor Legislation of Russia in the Era of the COVID-19 Pandemic : New Challenges for the Labor Sector ». Dans XIV European-Asian Congress "The value of law" (EAC-LAW 2020). Paris, France : Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201205.063.

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Golovina, Svetlana, et Ilona Voitkovska. « Protection Against Violence in the Workplace : International Standards and Labor Legislation of Russia and Kazakhstan ». Dans XIV European-Asian Congress "The value of law" (EAC-LAW 2020). Paris, France : Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201205.020.

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Ivanova, Pavlina. « THE EXTRAORDINARY ASPECTS OF LABOR RELATIONS ». Dans THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.105.

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The unprecedented situation in 2020 put employers in a state of uncertainty and challenged them to find new forms of work, maintain employment relationships, ensure a safe working environment and working conditions, and at the same time comply with regulatory requirements. In this context, labor legislation has had to be adapted to the new circumstances in which the elements of the employment relationship have acquired "extraordinary" aspects. The purpose of this report is to review new aspects of labor relations in a pandemic environment, discussing regulatory changes, their consequences and opportunities.
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Александрова, Анна, et Anna Aleksandrova. « The rights of persons with family responsibilities in the labor legislation of foreign countries ». Dans International legal aspects of family law and protection of children's rights. Москва : INFRA-M Academic Publishing LLC., 2018. http://dx.doi.org/10.12737/2968-328-336.

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Ivanova, Oksana Evgenevna, et Viktoriia Aleksandrovna Mishustina. « World Experience in Using Remote Forms of Employment : Advantages and Disadvantages ». Dans All-Russian scientific and practical conference with international participation. Publishing house Sreda, 2021. http://dx.doi.org/10.31483/r-98928.

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Remote forms of employment in modern conditions are in the sphere of close attention of both developed and developing countries. The article analyzes the consequences of the transfer of employees to remote work, considers the latest changes in the labor legislation of various countries related to remote employment. The problems of Russian labor law related to the regulation of remote work, as well as the reasons that led to the need to change labor legislation in terms of the use of non-standard forms of employment in Russia, are identified
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Petrova, Daniela. « LEGAL OPPORTUNITIES AND CHALLENGES IN THE DIGITAL TRANSFORMATION OF THE LABOR FORCE ». Dans EDUCATION, SCIENCE AND DIGITAL INNOVATIONS 2021. Varna Free University "Chernorizets Hrabar", 2022. http://dx.doi.org/10.36997/esdi2021.101.

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The aim of the author in this publication is to present the challenges to the legislator on the one hand and on the other hand in practical terms how they would affect the new requirements for employment. When entering and using digital tools in the labor process there is a need to improve the training and qualification skills of the parties in the labor process - worker and employer. This requires alignment with the new digital transformations of the existing legal framework in the field of labor law at European and national level.The purpose of the author in this publication is to present the legal and professional requirements for the protection of personal data in the modern digital society. To determine the scope and grounds for handling personal data that each of us provides in the civil law turnover of public relations.
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Aleksandrov, Andrey. « FOR THE FAILED DIGITALIZATION OF THE EMPLOYMENT DOCUMENTATION AND THE JUSTICE ON LABOR DISPUTES AND THE DAMAGES SUFFERED BY THE SOCIETY FROM THIS ». Dans THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.338.

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Still slow and uncertain, but still tangible, our labor legislation is beginning to recognize the benefits of digitizing labor law documentation - speed, security, economy, etc. The most important step in this direction was the adoption of the Ordinance on the type and requirements for the creation and storage of electronic documents in the employment file of the employee in 2018. However, are the administrative and judicial practice ready for such a "revolution"? From today's point of view, the possible conclusions do not seem promising.
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Rapports d'organisations sur le sujet "Forced labor – Law and legislation"

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Hicks, Jacqueline. Approaches to Combatting Modern Slavery in Supply Chains. Institute of Development Studies (IDS), juin 2021. http://dx.doi.org/10.19088/k4d.2022.004.

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The purpose of this rapid review is to lay out some of the general approaches used by both business and government to tackle ‘modern slavery’ in international business supply chains, and locate evidence of their effectiveness International institutions have been encouraging large international businesses to tackle modern slavery by offering guidelines on how to investigate the issue in their supply chains (‘due diligence’), but their implementation, and ‘auditing’ is highly variable. National governments are increasingly mandating businesses through legislation to report on what they do. More recently, governments have begun imposing a legal duty of care on parent companies which means they can be held responsible for what their subsidiaries do. Key findings are: There is no consistency in how international companies currently implement the due diligence guidelines; The design of national disclosure legislation is generally judged to be flawed. There is medium compliance in terms of quantity of company reports and low compliance in terms of quality; The design of national disclosure legislation is generally judged to be flawed. There is medium compliance in terms of quantity of company reports and low compliance in terms of quality. Overall, the evidence on forced labour and modern slavery is recognised as being “dangerously thin and riddled with bias” (LeBaron, 2018, p.1). It is difficult to research directly because of its illegality, the involvement of powerful interests, and the potential to further endanger highly vulnerable workers. Nevertheless, there is a very large number of articles and reports written on the issue, particularly from the last five years. The main sources used in this review came from both grey literature and academic literature.
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