Articles de revues : « Legal decision on labor law »

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Novikov, Denis A. « Labor law and artificial intelligence : points of contact and differences ». Russian Journal of Labour & ; Law 14 (2024) : 156–74. http://dx.doi.org/10.21638/spbu32.2024.109.

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The advent of high-tech and self-learning AI algorithms is setting off an unprecedented transformation of social production processes that will fundamentally affect the entire world of labor. According to the author, the introduction of AI into the world of labor will undoubtedly lead to a temporary surge in technological unemployment, but in the long term, new technologies will create more jobs in new sectors of the economy. The impact of AI on unemployment is context-specific and should be subject to government regulation. The author points out that as a result of the introduction of AI algorithms in the world of labor, arise not only the traditional problems of strengthening the economic power of the employer, discrimination or unauthorized collection of personal data, but set a big complex of legal problems related to the responsibility of the employer for decisions that he himself cannot control. Therefore, for labor law, the most important task is to eliminate the discrepancies between the current model of legal regulation of labor relations and the risks of introducing AI into decision-making processes of hiring and controlling employees. The science of labor law should develop relevant approaches to a reasonable limitation of the use of AI, taking into account the peculiarities of modern algorithmic technologies, production prospects, legal and social risks. The author criticizes proposals for endowing AI with legal personality and the possibility of delegating responsibility for the implementation of employer functions to algorithms. According to the author, AI cannot have legal personality in labor relations (as well as in legal relations of any other type), since the functioning of AI is carried out through the datification of all their participants without the goal of achieving a socially significant result and establishing interaction between subjects of law regarding the satisfaction of their needs. AI is a means of automating labor processes, a digital interface for interaction between elements of the production system. The author states that AI in legal reality can exist only as an object of law. The author proposes to fix in the labor legislation the presumption of responsibility of the employer for the decisions made by AI, regardless of the originally programmed algorithms, even if they were changed by AI as a result of machine learning.

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Kuznetsova, Yu V. « REFORMATION OF LABOR RELATIONS DURING THE STATE OF MARTIAL ». Constitutional State, n^o 50 (19 juin 2023) : 99–105. http://dx.doi.org/10.18524/2411-2054.2023.50.280277.

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The article is devoted problematic issues of labor relations during state of war. A large number of entities are participant’s labor relations as both workers, and employers work. Thus, a problematic issue is important. The factors of reformatting labor relations are consider. In the article are investigated new mechanisms of legal regulation. At the same time, as a result of renewal legal regulation is made case law which reveals the conflicts of law. Further development of labor relations reveals legal gaps. Unresolved social labor relations are requiring legal regulation. Problematic issues of legal regulation as despite all of their partial innovativeness are investigated. Authors give the general review of problematic issues. Specific problem also receives much attention. At the same time, both legal regulation and the case law enforcement in this area causes further research at certain aspects and general grounds of labor law. The goal of the article lies in the researches topical issues of labor relations and their enforce a legal and development of proposals for further legal regulation. During the investigated used methods such as formal-legal, formal-logical, structural functional, systematic, analytical, modeling method and other. The article provides a detailed analysis of the amendments to the Labor Code of Ukraine. A quantitative and qualitative analysis of the data was carried out. Analyzed trends in legal regulation during martial law. The conceptual apparatus and the basic provisions of law changes has been considered. Attention is focused on such a new legal institution as the suspension term of the employment contract also positive and negative developments and the views of scientists on problematic issues and the position of the legislator in their decision and the latest legal regulation are examines. The article deals with the problems of loss employment paper book as a document certifying pension insurance and recover document. The conclusion about rapid development of labor legislation, which at the same time has its reflection in the legal doctrine and judicial practice and precedential rule of law.

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Tsesarskyi, F. A. « ENSURING LABOR RIGHTS OF EMPLOYEES DURING THE PERIOD OF THE LEGAL REGIME OF MARTIAL LAW ». Scientific Herald of Sivershchyna. Series : Law 2024, n^o 2 (17 juin 2024) : 92–100. http://dx.doi.org/10.32755/sjlaw.2024.02.092.

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The article analyzes the characteristics of ensuring the rights of employees during the period of the legal regime of martial law. It has been established that the system of guarantees for ensuring the rights of employees and citizens in the conditions of the legal regime of martial law has undergone changes in relation to a set of objective and subjective factors, which are aimed at the practical implementation of universally recognized labor rights, respectively. Attention is drawn to the fact that the current legislation of Ukraine provides for a general procedure for ensuring the labor rights of employees during the period of the legal regime of martial law. Special regulations regarding the provision of labor rights refer to labor obligation as a type of short-term labor obligation. It is noted that the normative predictability of the guarantee of the rights of persons involved in compulsory labor testifies to the consideration of the interests and rights of the person both during the period of the legal regime of martial law and after its termination, an argument in favor of the stated thesis will be the existing normatively detailed procedure for involvement in labor duty at the level of a sub-legal normative act. The signs of a special labor obligation in the form of labor obligation are singled out, namely: 1) expression through the use of socially useful works, which must be performed within the framework of the introduced labor obligation; 2) initiation by military command and/or military administrations (if they are formed) through the adoption of a decision in the form of an act of the relevant military administration or military command; 3) the decision on labor obligation must include mandatory components; 4) the acquisition of a special labor obligation is associated with the absence of an opportunity for an able-bodied person to be drafted for military service, who, due to age and health, has no restrictions to work under martial law; 5) will not apply to the legally defined categories of able-bodied persons; 6) confirmation of a specific employment obligation for a specific person is reflected in a fixed-term employment contract; 7) the person to whom the labor obligation has been applied for the duration of the work is guaranteed to retain the previous place of work (position), etc. Key words: labor rights, legal regime, limitations of labor rights, labor contract, labor obligation.

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Sony, Edy, et Nugrah Gables Manery. « Perlindungan Hukum Bagi Hak-Hak Tenaga Kerja Dalam Pembagian Hutang Harta Pailit ». PATTIMURA Legal Journal 2, n^o 1 (30 avril 2023) : 30–42. http://dx.doi.org/10.47268/pela.v2i1.8373.

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Introduction: Differences in legal position related to the division of bankruptcy between creditors holding collateral and labor rights in the of the Bankruptcy Law and in other laws and regulations will actually create legal uncertainty in providing guarantees of protection to labor rights and cause conflicts between legal norms. Purposes of the Research: To find out the various provisions of laws and regulations governing labor rights for the division of bankrupt debts and synchronization between Law No. 37 of 2004 concerning Bankruptcy with other laws and regulations in regulating labor rights to the division of bankrupt and the application of legal protection of labor rights to the division of bankrupt debts. Methods of the Research: The type of research used is normative juridical research. The nature of this research is descriptive. The data source used is secondary data. The nature of this research is descriptive analytical research and drawing conclusions using deductive methods. Results Originality of the Research: The research results show that the synchronization of Law Number 37 of 2004 concerning Bankruptcy with other provisions in the interpretation of the law has been assigned on the decision of the Constitutional Court Number 18/PUU-VI/2008 and 67/PUU-XI/2013 that the payment of labor wages must take precedence over the bills of the state and separatist creditors while severance and other rights are granted after the compliance of the invoices of separatist creditors. In addition, the legal position for labor is determined by the Law and the decisions of the Constitutional Court as a preferred creditor of the proceeds of the sale of the boedel and its enforcement of the law refers to the lex specialis derogat lex generalis while take to consideration other term governing the rights of creditors. Legal implications to bankruptcy companies, the compliance of labor rights is determined by the proceeds of the sale of boedel which is based on the provisions in Article 95 of Law No. 11 of 2020 about Omnibus Law as amended from the provisions regulated in Law No. 13 of 2003 about Manpower, Article 49 and Article 50 of Government Regulation No. 36 of 2021 about Wages.

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Mammadov, Oruj Jamil Oglu. « State Administrative and Contractual Character of Labor Law Relations of Civil Servants ». International Journal of Professional Business Review 8, n^o 8 (29 août 2023) : e03152. http://dx.doi.org/10.26668/businessreview/2023.v8i8.3152.

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Purpose: The place of labor law relations of civil servants in the system of relations between state administration and labor contract, its theoretical-conceptual and legal basis were analyzed in the article. There were touched upon the elements which combine labor of civil servants in the system of relations of state administration and labor contract character. Theoretical framework: Labor relations of civil servants have complex composition elements. Implementation of these relations in state bodies is one of the main factors which stipulates the complexity of its composition. Another factor includes the possibility of implementation of mainly two constitutional rights of the citizens of the Republic of Azerbaijan – right to work and right to take part in governing the state. Design/methodology/approach: This research uses a type of mixed method. Along with the organization and activity of state power and state administrative bodies in accordance with the legislation, state administrative relations, in accordance with their status and competence, arises in connection with the implementation of the objectives and functions of the state. Public relations forming the subject of legal regulation of civil service relations are the legal model of public relations fixed in the legislation on civil service. Findings: Labor relations of civil servants act as the part of system of civil service legal relations. Here mainly, legal relations on two aspects attract more attention. One of these relations is the legal relations arising on state administration based on the principle of power-subordination. And the other are the legal relations arising on the implementation of the constitutional right to work in state bodies based on the principle of freedom of labor and on the labor contract. The main subject of the both legal relations is civil servants. This aspect combines labor law relations of civil servants in the system of relations of state administration and labor contract character. Research, Practical & Social implications: The state administrative relations are established, changed and terminated in relation with organization and activity of the state government and state administrative bodies in accordance with the current legislation, as well as implementation of missions and functions of the state in accordance with their status and authorities. Administrative relations making the subject of legal regulation of civil service relations are legal model of the administrative relations identified in the legislation on civil service. Originality/value: The civil service is one of the main provision means of implementation of state government and state administration.

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Belozerova, K. A. « Legal nature of payment of forced absenteeism in case of unlawful dismissal ». Voprosy trudovogo prava (Labor law issues), n^o 11 (10 décembre 2021) : 812–18. http://dx.doi.org/10.33920/pol-2-2111-01.

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Decisions of the bodies dealing with individual labor disputes on the reinstatement of illegally dismissed employees are always accompanied by a decision to recover payment for the time of forced absenteeism. This article deals with the problems of determining the legal nature of such payment. Such payment is considered both from the point of view of the remedy of violated labor law and from the point of view of material liability of the employer. In this aspect, the article addresses the issues of what should be the basis for the recovery of such payment, what conditions should be met, how the period of forced absenteeism should be calculated.

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Permana, Setia, T. Subarsyah et Evita Firdatunnisa. « Implementation of Article 87 Law Number 2 of 2004 Concerning Resolution of Industrial Relations in the Court of Industrial Relations in Article of the Republic of Indonesia ». International Journal of Science and Society 2, n^o 3 (22 juillet 2020) : 198–211. http://dx.doi.org/10.54783/ijsoc.v2i3.155.

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The formulation of article 87 of Law Number 2 of 2004 in its implementation still requires firmness to provide certainty that what is meant by trade unions / labor unions that can become legal counsel to proceed at the Industrial Relations Court to represent their members are trade unions / labor unions located in in the company or including labor unions / labor unions outside the company. The purpose of this study is to describe / describe the rights and authority of trade unions / labor unions as legal counsel in the process of resolving industrial relations disputes along with descriptions (describing) the legal consequences related to the rights and authority of trade unions / labor unions .The type of research used is normative law which is intended to examine the provisions of positive law. The method of approach used in this study is the approach: normative law, which examines the legal norms that apply, both in the form of laws, implementing regulations and other regulations that have links with the issues discussed in the study. Settlement of industrial relations disputes can be done through resolutions outside the Industrial Relations Court (Non-Litigation) and in the Industrial Relations Court (Ligitation). Implementation of Article 87 of Law No. 2 of 2004 concerning Settlement of Industrial Relations Disputes, in the Decision of the Supreme Court of the Republic of Indonesia Number 933K / PDT.SUS / 2009 dated May 5, 2010 and Number 488K / PDT.SUS / 2012 dated October 22, 2012, referred to as trade unions / labor unions has a legal standing representing its members proceeding in the Industrial Relations Court is a trade union / labor union both inside and outside the company.

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Ponomarenko, Oksana. « The problem of distinguishing between labour and civil contracts in the gig-economy ». Actual problems of innovative economy and law 2024, n^o 3 (26 avril 2024) : 24–30. http://dx.doi.org/10.36887/2524-0455-2024-3-5.

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The author draws attention to the fact that the development of digital technologies has expanded the horizon of opportunities for the subjects of legal relations in which a person exercises the right to work. The subjects of these legal relations, independently exercising their freedom of will and acting in their interests, enter either a civil or an employment contract. However, given that in such legal relations, a person exercising the right to work is usually in the legal status of a weak party, society has faced the problem of abuse by employers. Employers have started giving labor relations, in essence, civil law structures, depriving employees of fundamental social and labor rights and guarantees or severely limiting them. In this regard, science, legislation, and judicial practice faced the problem of finding new approaches to distinguishing between civil and employment contracts, as the concepts of an employment contract established in science no longer correspond to modern conditions. Thus, with the emergence of remote work and other non-traditional forms of labor, the features of a traditional employment contract, which allowed distinguishing it from a contractor agreement, ceased to perform the distinguishing function. The article aims to formulate a new approach to defining the distinguishing features of an employment contract and a civil contract in the digital economy. The author’s analysis of legislation, scientific literature, and case law has concluded that an employment contract in the digital economy has variable features. This means there is a need for legislative consolidation of variants of the features of an employment contract. If two or more of them are present, this will allow recognition of an agreement under which a person exercises the right to work as an employment contract. At the same time, the article draws attention to the fact that a decision in this category of cases should meet the following requirements: The focus when deciding on the legal nature of the contract concluded should be on establishing which contract the person exercising his/her right to work intended. The court should avoid formalism and base its decision on facts. The primary purpose of such a decision is to effectively protect the labor and social rights of a person exercising the right to work. Keywords: right to labour, labour relations, employment contract, employee, employer, employment, remote work, freedom of will of the parties to the employment contract, social function of labour law, guarantees, IT sector, contractual regulation, amendment of an employment contract.

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Zanfirova, T. A., et A. V. Aidynian. « Some aspects of legal consequences of the Constitutional Court of Ukraine decision’s No. 1-р/2023 dated 07.02.2023 for the practice of resolving labor disputes ». Uzhhorod National University Herald. Series : Law 1, n^o 80 (22 janvier 2024) : 289–95. http://dx.doi.org/10.24144/2307-3322.2023.80.1.42.

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The article analyzes the legal consequences of the decision of the Constitutional Court No. 1-р/2023 of February 7, 2023 for the regulation of labor relations between the employer and teaching staff who are paid an old-age pension, and for the practice of resolving labor disputes regarding the recognition of their dismissal and reinstatement as illegal. Different types of situations are considered. For example, if such labor relations lasted/continues after February 7, 2023 and a labor dispute has not yet arisen, the most optimal “way out” from the point of view of the theory of labor law is to transfer teachers who are paid an old-age pension, by order of the employer, to open-ended labor contracts. Various variants of the influence of the decision of the KSU No. 1-r/2023 of February 7, 2023 on the practice of resolving labor disputes were also studied. Such labor disputes are being systematized. The following groups of authors are distinguished: labor disputes that arose after February 7, 2023 and, accordingly, were considered after this date; labor disputes that arose before February 7, 2023, but were considered/reviewed after February 7, 2023; labor disputes that arose and were considered by the court until February 7, 2023, if the decision was not reviewed or its review was completed before this date. The article concludes that the disputes of the first group are not characterized by problems. Court practice shows that such lawsuits to declare dismissal illegal and reinstatement are decided in favor of the plaintiff- teacher, who is paid an old-age pension. Labor disputes of the second group are resolved ambiguously in judicial practice. In one of the cases, the Supreme Court noted that the contested decision was based on the law that was in force at the time (as of the date of adoption of such a decision), and therefore no violations of substantive or procedural law were observed. On the other hand, in another case under a similar situation, the Supreme Court returned the case for a new consideration, pointing out the absence of other legal mechanisms for revising the court’s decision, which is based on an unconstitutional norm. Labor disputes of the third group are the most problematic and debatable, because formally, the final decision in the case was made before the adoption of the KSU decision No. 1-r/2023. Review of such cases under exceptional circumstances due to recognition as unconstitutional of the provisions of par. 3 ch. 2 Art. 22 of the Law is impossible. Violation of appellate or cassation review of such cases is complicated by missing the deadlines for such an appeal. “Summary” of the KSU decision under “newly discovered” circumstances is a debatable issue, although, in our opinion, in general, such an option is not excluded.

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Aljuaid, Ahmed Fozan Eidha. « Night Work in Saudi Labor Law ». International Journal of Law and Politics Studies 5, n^o 4 (14 août 2023) : 38–48. http://dx.doi.org/10.32996/ijlps.2023.5.4.5.

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This research aims to clarify the nature of night work according to the Saudi labor system, and what are the conditions and controls of night work, which define and draw the labor relationship between workers and employers, as it works to clarify the rights of workers at night, and the obligations of establishments and employers, and the problem of this research appears in the following question: What is the legal regulation of night work and the rights accruing to the worker according to the Saudi labor system?!,. This research was based on the analytical approach of the legal texts in question, dismantling and studying them, eliciting provisions and rules, revealing defects and finding solutions that are proportional to them. The results also showed that night work is one of the types of work that is imposed by the nature of the work performed on the worker and the employer. Among the most important of these factors is health fitness, as it is required for the night worker and the worker who performs night work. The condition of working at least three hours is fulfilled during the period of night work hours. The night worker has more rights than those who perform night work, and both of them have more rights than the rest of the workers, and it became clear that the organizer has a balanced position. Between the employer and the worker regarding compensation and allowances, and the employer was given several options for granting these compensations and allowances, and the ministerial decision regulating night work ignored cases of extreme and urgent necessity.

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Barszcz, Marek. « Przeszłość prawa pracy a współczesna polityka rynku pracy w Polsce ». Świat Idei i Polityki 15, n^o 1 (31 décembre 2016) : 249–62. http://dx.doi.org/10.15804/siip201613.

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In 1989, he began the process of systemic transformation, which concerned the labor market, based on a rejection of the current legal status of labor law. In the study, changes in the market, the author used the analysis of the institutional and legal in conjunction with the recognition decision policy. The author took the research period of systemic transformation and change in recent years (since 2014) with the proposals programmatic political parties.

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Andrushko, A. V. « Peculiarities of the legal regulation of supervision and control over compliance with labor legislation ». Uzhhorod National University Herald. Series : Law 1, n^o 81 (27 mars 2024) : 327–31. http://dx.doi.org/10.24144/2307-3322.2024.81.1.52.

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In the field of labor law, the peculiarities of legal regulation in the field of supervision and control over compliance with labor legislation are investigated. It is emphasized that regulation in the field of supervision and control of compliance with labor legislation is characterized by appropriate measures, which, in addition to measures to detect unregistered labor relations, are carried out in accordance with current legislation. Measures of state control over compliance with labor legislation on identifying undocumented labor relations are carried out in the form of inspection visits conducted by labor inspectors of the State Labor Service and its territorial bodies. Reasons for inspection visits are important. The peculiarity of the legal regulation of labor relations is that the control measures or the decision of the labor inspector on control of the employer are subject to notification registration by the State Labor Service or its territorial body before the start of their implementation. It is emphasized that an act is drawn up as a result of the control, and in the case of violations of labor law requirements, the employer receives an order to eliminate them and a warning about liability for labor law violations. Thus, the legal regulation of labor relations regarding the supervision and control of compliance with labor legislation must first of all meet European standards and reflect the requirements of current labor legislation. State bodies should strengthen measures to detect undocumented labor relations, illegal employment and be carried out in accordance with the requirements of the Law of Ukraine «On the Basic Principles of State Supervision (Control) in the Field of Economic Activity.» The legal regulation of labor relations in the field of supervision and control of compliance with labor legislation certifies that measures of state influence on the detection of informal labor relations and illegal employment are carried out in the form of inspection visits carried out by labor inspectors of the State Labor and its territorial bodies.

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Shumylo, Mykhailo. « Unfair Employee and Abuse of Rights : the Supreme Court's Vision ». Slovo of the National School of Judges of Ukraine, n^o 1(42) (4 septembre 2023) : 72–86. http://dx.doi.org/10.37566/2707-6849-2023-1(42)-6.

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Unfairness in law in general and abuse of law in particular is a topic that has its roots in Roman law. Unfortunately, this negative social and legal phenomenon cannot be overcome but its manifestations can be minimized, which is facilitated by high-quality legislation and court decisions that suppress specific cases of unfairness and abuse of rights. In our opinion, labor and legal research pays insufficient attention to these issues, or remains at the level of theoretical discourse. The author did not set out to comprehensively cover this topic, but only to draw attention to its existence and importance once again, and to undermine the dominant thesis in labor law and judicial practice about the «sanctity» of the employee and the presumption of unfairness of the employee, since he is the «stronger» party. This approach is firmly rooted in both theory and practice and has its origins in the class theory of the antagonism between the bourgeoisie and the proletariat. In modern conditions, it is necessary to talk about the common interest of the parties to an employment contract, the search for a compromise, and good faith towards each other, but definitely not about confrontation. The analysis of the Supreme Court's practice is very important for the further development of research in the field of abuse of rights. This is because the Supreme Court's decisions are quasi-precedents. Thus, these decisions must be followed by lower courts and the Supreme Court's practice actually fills in the gaps in labor legislation. In addition, the generalization of practice can become a reliable source for recodification of labor legislation in the future. The article analyzes the controversial issue of law enforcement. An example of a Supreme Court decision is given, which, in the author's opinion, carries the risk of legalizing the abuse of rights. The author provides counter-arguments that demonstrate the controversial nature of the Supreme Court's legal opinion. Key words: Unfair Employee, Abuse of Rights, labor disputes

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Murniati, Rilda, et Desma Cahya Selvya. « Separatist Creditors vs Preferred Creditors Rights in the Bankruptcy Case Based on the Decision of Constitutional Court of 2013 ». FIAT JUSTISIA:Jurnal Ilmu Hukum 13, n^o 3 (4 octobre 2019) : 231. http://dx.doi.org/10.25041/fiatjustisia.v13no3.1616.

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Workers are preferred creditors whose payment must take precedence in the bankruptcy of the company. Problems in practice occur in the company's assets as collateral for debt to separatist creditors so that workers' rights are ruled out. Therefore, workers submit applications for judicial review of the Bankruptcy Law and Labor Law. This study is normative research using primary legal materials, namely laws and case study decisions that are analysed qualitatively. The results of the study and discussion determined that the Bankruptcy Law and the Labor Law regulate the same as the legal status of workers as preferred creditors who are entitled to prioritize payment in the distribution of bankrupt assets strengthened by the results of a judicial review in Decision of the Constitutional Court Number 67/PUU-XI/2013 The right of workers to wages is prioritized and calculated from collateral objects which are the rights of separatist creditors. For this reason, curators with authority must share the right of separatist creditors and preferred creditors with the principle of balance and justice so that all the assets of a bankrupt company can pay off the debts of its creditors.

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Van Staden, MJ. « Aantekeninge : An update of recent labour law developments from South African courts 2023 ». Tydskrif vir die Suid-Afrikaanse Reg 2023, n^o 4 (2023) : 696–734. http://dx.doi.org/10.47348/tsar/2023/i4a6.

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This contribution considers recent South African labour law cases from June 2022 to May 2023. It focuses on several decisions handed down by South African courts on various labour and employment law matters. The cases considered have the potential to provide labour law scholars with insights into the interpretation and application of legal principles relevant to labour and employment law. These cases involve novel legal issues or challenge existing legal principles. They may also include disputes with social or political implications. They may challenge existing social norms or legal structures and require legal scholars to rethink their understanding of these structures. It is foreseen that these cases can provide labour law scholars with a framework for understanding legal principles and the reasoning behind the court’s decision. Labour law cases are numerous, and it is virtually impossible for labour lawyers to be aware of all labour law developments.

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Irawan, Joshua Evandeo, et Dwi Foni Yunita Nur Asyah. « Juridical Analysis of “Agile Working” from Indonesia’s Positive Labor Law’s Point of View ». Jurnal Penelitian Hukum De Jure 23, n^o 2 (30 juin 2023) : 193. http://dx.doi.org/10.30641/dejure.2023.v23.193-206.

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The Covid-19 pandemic has resulted in the adoption of flexible work systems called Agile Working, which combines work flexibility and technology. This research focused on Indonesian labor laws, namely UU 13/2003, Law No. 6 of 2023, and PP No. 35/2021, to establish legal certainty for Agile Working. Previous research identified a lack of legal framework for remote working, which shares similarities with Agile Working. This research aimed to address this gap by providing new insights and findings. Using the Dogmatic Normative Juridical Method, the researchers analyzed Agile Working within the framework of Indonesian labor law. The researchers engaged in a literature review, encompassing laws, regulations, court decisions, and other legal literature, to thoroughly examine the relevant legal provisions. This involved assessing compliance with labor regulations such as the Manpower Law, government regulations, and labor policies. Relevant court decisions were also considered for legal interpretation.The research concluded that Agile Working could be implemented in Indonesia with legal protection, particularly concerning Working Time and Overtime Pay. The authors recommended that workers and employers adhering to Agile Working in Industrial Relations must uphold their rights and obligations to ensure compliance with the law. To summarize, this research updated previous studies on Agile Working, offering fresh insights and contributions. Through the normative research method, the authors analyzed and interpreted labor laws, providing a deeper understanding of how Agile Working aligns with Indonesian labor law. The research confirmed the legal implementation of Agile Working in Indonesia, emphasizing the importance of respecting rights and obligations.

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Budiyono, Tri. « PERLINDUNGAN HUKUM TENAGA KERJA KONTRAK DAN OUTSOURCING, SERTA PROBLEMATIKA IMPLEMENTASINYA ». Refleksi Hukum : Jurnal Ilmu Hukum 5, n^o 2 (29 avril 2021) : 145–60. http://dx.doi.org/10.24246/jrh.2021.v5.i2.p145-160.

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The relationship between employers and workers tends to be characterized by a tension between the employers' and workers' interests. While the employers maintain business continuity to obtain optimal advantages, the workers demand to get decent wages or welfare. For example, the laborers have struggled through a constitutional way by submitting a judicial review of Law No. 13 of 2003 concerning Manpower. This research used a conceptual approach and a philosophical approach to observe the relevant legal material in the Constitutional Court's decision to obtain legal guarantees with more legal certainty. In conclusion, this research found that: (a) The phrase 'for the sake of the law' should have granted the laborers more legal protection. However, it still creates multiple interpretations that lead to the loss of certain legal protections. (b) The Constitutional Court, through its decision, has laid the basis of legality with more legal certainty through the implementation of labor protection norms gradually. (c) Even though the Constitutional Court's decision has already provided legal certainty normatively, the uncertainty of legal protection still exists in practices.

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Pracelia, Yolanda, et Andari Yurikosari. « ANALISIS PUTUSAN SELA TERHADAP PERMOHONAN PEMBAYARAN UPAH PROSES DALAM PENGADILAN HUBUNGAN INDUSTRIAL (STUDI PUTUSAN : PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR : 181/PDT.SUS-PHI/2016/PN.BDG jo PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR : 82/PDT.SUS-PHI/2016/PN.BDG) ». Jurnal Hukum Adigama 2, n^o 1 (30 juillet 2019) : 124. http://dx.doi.org/10.24912/adigama.v2i1.5184.

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Based on Article 96 of Law No. 2 of 2004 concerning Industrial Relations Dispute Settlement states that in essence that if the Company is proven at the first session not to carry out its obligations under Article 155 Paragraph (3) Law No. 13 of 2003 concerning Manpower, the Judge may decide interim. In the Decision of the Industrial Relations Court Number: 181/Pdt.Sus-PHI/2016/PN.Bdg jo Decision of the Industrial Relations Court Number: 82/Pdt.Sus-PHI/2016/PN.Bdg, the Judge decides on the request for payment of process wages at interlocutory decisions and final decisions, thus raising problems, how is the legal certainty of the application for process wage payments in the Industrial Relations Court and how to prove in the request for payment of process wages in the Industrial Relations Court. This study uses normative legal research methods, which are prescriptive in nature, with methods of data collection in the form of library studies, and supported by the results of interviews with Labor Law Experts. The results of the study show that, first, legal certainty in the request for payment of process wages on interlocutory decisions must be logical and not cause doubt. Second, the evidence applied at the time of the Industrial Relations Dispute is not in accordance with the situation that occurred in practice, so that it burdens the Workers. In the decision of the Industrial Relations Court Number: 181/Pdt.Sus-PHI/2016/PN.Bdg jo Industrial Relations Decision Number: 82/Pdt.Sus-PHI/2016/PN.Bdg is not in accordance with the Laws and Regulations in Indonesia.

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Krasuń, Aneta. « DECISION OF THE COURT REFERRING THE PARTIES TO MEDIATION – AS THE BASIS TO INITIATE MEDIATION IN INDIVIDUAL LABOUR LAW CASES ». Roczniki Administracji i Prawa 4, n^o XXI (31 décembre 2021) : 131–42. http://dx.doi.org/10.5604/01.3001.0015.8306.

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The purpose of this article is to provide legal analysis in the scope of one of the bases of mediation in individual labor law cases i.e. decision of the labour court referring the parties to mediation in terms of its compliance with the voluntary principle applicable in mediation. This issue is of great importance not only because of its practical nature, but also because of its theoretical nature. From the pure formal perspective, it is the basis for initiate the mediation procedure. The right to initiate mediation in genere has inter alia employee, employer or, indirectly the labour court

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Prehantoro, Prehantoro. « Analysis of Omnibus Law Creation Law : Scope of Labor ». International Journal of Multicultural and Multireligious Understanding 8, n^o 10 (4 octobre 2021) : 180. http://dx.doi.org/10.18415/ijmmu.v8i10.3080.

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This type of research is normative legal research, namely research that puts law as a system of norms, namely about principles, norms, laws and regulations, court decisions, agreements and doctrines. Based on the explanation above, it can be concluded that omnibus law is a legal concept that focuses on simplifying the number of regulations because it revises and revokes many laws at once. Therefore, before the omnibus law concept is actually applied in forming regulations, the principles of participation, transparency, and accountability need to be put forward first. Law Number 11 of 2020 concerning Job Creation, which was designed with the aim of transforming the economy towards advanced Indonesia by 2045, in its Draft and Academic Papers encountered many problems. Especially in the Employment cluster, these problems are related to the reduced rights of workers/laborers. Although it’s undeniable that Law Number 11 of 2020 concerning Job Creation has several positive sides such as providing job loss guarantees for workers/laborers after Termination of Employment, but in reality the positive side of Law Number 11 of 2020 concerning Job Creation is not commensurate with the number of problems that exist.

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Abdullaev, Elshan E. « Prospects and Research Directions in the Field of Comparative Labor Law ». Теория и практика общественного развития, n^o 10 (25 octobre 2023) : 198–202. http://dx.doi.org/10.24158/tipor.2023.10.23.

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Comparative law is irreplaceable in labor law because of its capabilities as a tool for a deeper understanding of various labor systems, supporting political decisions and strengthening the protection of labor rights. Investigat-ing how labor legislation functions in various national legal systems, researchers identify and explain how cer-tain areas of legislation development will help the development of effective and fair labor relations in the coun-try, in accordance with international practice. The aim of the article is to identify the prospects for research in the field of comparative labor law at the present stage. This branch of legal science contributes to a deeper under-standing of different labor systems and strengthening the protection of workers’ rights around the world. The analysis of research directions allowed to identify the main ways of further development of legislation in the field of labor law. It appears that they will focus on increasing labor mobility as part of ongoing globalization; ensuring measures to protect workers’ rights, analyzing the possibilities of creating a flexible labor market, re-forming this branch of the law, complying with international labor standards, and introducing legal innovations in practice while maintaining the principles of social justice and equality.

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Zhernakov, Volodymyr. « Conflicts and disputes in the field of labor : essence and interaction ». Law and innovations, n^o 2 (38) (24 juin 2022) : 49–56. http://dx.doi.org/10.37772/2518-1718-2022-2(38)-6.

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Problem setting. The perception of conflicts and disputes in the field of labor should not be limited to the concepts inherent in the consideration of collective labor disputes, and the research base cannot be only the sources of labor law. For a deeper understanding of the nature and essence of conflicts and disputes one should operate in the categories of philosophy, conflictology, and general theory of law. Target of research is the substantiation of the concept of broad scope and deep content of the categories “conflict” and “labor dispute” and the impossibility of limiting them to the mechanism of collective labor disputes. Analysis of recent researches and publications. Problems of legal regulation of conflicts and disputes in the field of labor have been studied in recent years by L. Yerofeenko, S. Yerokhin, V. Kushik, I. Lykholat, J. Lyubchenko, V. Mamay, G. Rybnytsky, N. Uvarova and other scientists. Mostly they considered the mechanism of collective labor disputes, and some of them even made a comparative analysis of the categories of collective labor dispute and “collective labor conflict”. Meanwhile, the nature of conflicts in the field of labor, the relationship between conflicts and individual labor disputes have been ignored. Article’s main body. The main idea of the article is that the categories of “conflict” and “labor dispute” in the field of labor have a deep meaning and a wide scope. Conflicts in the field of labor have not only a psychological basis as irreconcilable differences and sharp confrontation. They are based on natural principles based on the age-old conflict between labor and capital. Labor disputes are not differences between the parties to social and labor relations, but a complex organizational and legal mechanism. Conflicts and disputes in the field of labor have different dimensions in time and in essence. Conflict may be present at the stage of forming the demands of the employee (labor collective), and it does not necessarily end with the end of the strike or the decision of national courts or the European Court of Human Rights. The erroneous assertion that the court decision is considered executed after the issuance of an order to reinstate the employee at work is emphasized. Since the psychological component of the conflict continues after the end of the labor dispute, the employer is not always ready to fully implement the decision of the body to consider the labor dispute. The decision to reinstate the employee should be considered executed from the date of his actual admission to work, which consists in granting the rights and obligations in full until dismissal. The role of the state in preventing and resolving collective labor disputes (conflicts) is determined by economic and socio-legal factors, including maintaining constructive cooperation in the field of labor as an important component of public life, preventing economic losses, maintaining harmony in labor collectives. Proposals for improving labor legislation have been formed. In particular, the need to introduce in the new Labor Code a person’s waiver of an employment contract as an organizational and legal means of protecting the rights and interests protected by law is substantiated. Conclusions and prospects for the development. Conflicts and disputes in the field of labor are not limited to the mechanism of collective labor disputes. Conflicts in the field of labor are objectively conditioned by the general conflict between labor and capital. If a labor dispute can be resolved through court and arbitration, then the conflict needs to be resolved through concessions and compromises and is exhausted by complete reconciliation. The state plays a significant role in the prevention and resolution of collective labor disputes (conflicts), as it is interested in economic stability, the establishment of harmony between the subjects of labor relations. Legal regulation of conflicts and disputes needs to be qualitatively improved.

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Pambudi, Kukuh. « Quo Vadis Indonesian Labor Act : How Far the Protection for Labors ? » Journal of Law and Legal Reform 2, n^o 4 (17 août 2021) : 591–602. http://dx.doi.org/10.15294/jllr.v2i4.48762.

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Basic human rights for Indonesian workers are set out in constitution both in the 1945 Constitution, Law Number 39 Year 1999 regarding Human Rights, as well as in Law Number 13 of 2003 on Employment. Although there are regulations that regulate human rights for the people labor, but in fact many violations occur. Proven with the existence of Article 64 of the Manpower Act regulating Outsourcing, where in its development with the outsourcing system there are many shifts in the application of outsourcing system. Outsourcing is initially only imposed on that type of work not directly related to the production process of that activity relating outside the core business of a company, will but in reality almost all types of jobs are subject to outsourcing This research will describe in relation to the protection of human rights for the workforce especially for outsoutcing in labor Indonesia. The research method used is normative Juridical with the approach used is the Legislation Approach. The results obtained that with the Decision of the Constitutional Court Number 27 / PUU-IX / 2011 concerning Request for Testing of Law Number 13 of 2003 on Employment of the 1945 Constitution, is one form of legal protection for outsourced workers. Because in the verdict states that outsourcing only is permitted for the types of work listed in Article 59 of the Manpower Law.

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Jung, Sun-kyun. « Provisional relief from Revocation Litigation for National Labor Relations Commission decision on review ». Korean Administrative Law Association 26 (30 mars 2024) : 515–48. http://dx.doi.org/10.59826/kdps.2024.26.515.

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Whether it is an individual labor relationship or a collective labor-management relationship, these disputes have a civil legal nature, so they naturally fall under the realm of civil procedures. However, the Labor Relations Commission was established to provide quick and simple rights relief, and since the decisions of the Labor Relations Commission were in the nature of disposition, ultimately, lawsuits filed through the Labor Relations Commission fell under the Administrative Suit. Accordingly, Revocation Litigation for the National Labor Relations Commission's decision on review is formally an administrative suit that contests the illegality of the Labor Relations Commission's decision, and the Administrative Litigation Act is applied. However, in reality, it has a very unique structure in which labor law is applied in that it deals with legal disputes between workers (or trade unions) and employers. Meanwhile, under the current law, there is no system that guarantees the legal status of the plaintiff not only at the Labor Relations Commission stage but also at the Administrative Suit stage. Accordingly, cases where Provisiona relief is possible when filed through a civil procedure become impossible when filed through an Administrative Suit, making the legal status of workers unstable. Additionally, it is very difficult to meet the requirements for Suspension of Execution, which is Provisiona relief under the Administrative Litigation Act, and even if the requirements are met, there is usually no benefit in applying for Suspension of Execution for disposition of refusal. And with regard to provisional disposition, the Supreme Court does not allow provisional disposition in Revocation Litigation on the grounds that there is no provision for provisional disposition in the Administrative Litigation Act. Therefore, if a worker who has been unfairly dismissed by an employer disputes the validity of the dismissal with an Administrative Suit or files a lawsuit to confirm employee status, he or she can apply for provisional disposition. However, the reality is that if you go through the Labor Relations Commission and file a Revocation Litigation for the National Labor Relations Commission's decision on review with the Administrative Suit, you cannot apply for any Provisiona relief. Our Constitution recognizes the people's right to seek trial as one of their fundamental rights. This means that appropriate rights relief must be provided through trial to citizens whose rights have been violated, and that appropriate rights relief is provided means that the conclusion desired by the plaintiff must be reached at the desired ‘time.’ Therefore, even if an Administrative Suit is filed against an employer's unfair dismissal or unfair labor practice, Provisiona relief should be granted just as in the case of filing a Civil Procedure. Specifically, a worker or employer can apply for Suspension of Execution in Revocation Litigation for the National Labor Relations Commission's decision on review. Regarding Provisional Disposition, unfair dismissal relief Revocation Litigation can use Provisional Disposition for payment of wages, Provisional Disposition for preservation of worker status, Provisional Disposition for prohibition of work interference, Provisional Disposition for suspension of effect for disadvantageous disposition, etc. In unfair labor practice relief Revocation Litigation, it is possible to use provisional disposition for collective bargaining compliance, provisional disposition for exclusion of interference with violation of right to organize, and provisional disposition for workplace lockout.

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Grigoriev, I. V., K. A. Stepanov et A. S. Kushnarev. « The dress code in French labor law : regulation and law enforcement issues ». Voprosy trudovogo prava (Labor law issues), n^o 4 (20 avril 2023) : 234–39. http://dx.doi.org/10.33920/pol-2-2304-07.

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This article discusses the legal regulation of the dress code in French labor law. The author provides an analysis of the current legislation, key decisions of the courts, as well as competent authorities for the protection of persons from discrimination. The article examines the main problems that exist in the regulation and enforcement of the institute of dress code in French labor legislation, gives a general assessment of the institution in question.

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Ivanov, Anton A., Gennady A. Esakov, Vadim M. Zaripov et Sergey A. Pashin. « Legal Chronicle ». Zakon 21, n^o 2 (février 2024) : 133–47. http://dx.doi.org/10.37239/0869-4400-2024-21-2-133-147.

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In the Legal Chronicle of the February issue we offer commentaries on the December 2023 Supreme Court’s Review of practice on tax benefit, the Decision of the Judicial Collegium for Civil Cases of the Supreme Court on the possibility of invalidating transactions on the transfer of money in the form of bribes and applying the consequences of their invalidity by forfeiting such money; on the conclusions of the Commission of the Council of Judges on Ethics regarding the legality of additional salaries for judges, as well as on the decisions of the Constitutional Court on labour and civil law adopted in December 2023.

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Edi, Haryono, et Rosmalily binti Salleh. « Management of Worker Protection Regarding the Cancellation of the Decision of the Governor of Jakarta in Postponing the Implementation of the Minimum Wage ». International Journal of Law Review and State Administration 1, n^o 2 (30 août 2023) : 50–59. http://dx.doi.org/10.58818/ijlrsa.v1i2.63.

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The purpose of this research is to find out the legal protection for the minimum wage deferral policy. And want to know the cancellation of the decision of the governor of Jakarta on the implementation of the minimum wage. This research method uses normative law. Methods of data collection are observation, interviews with the district court judges and prosecutors involved, documentation studies through existing archives on worker protection laws and official records, and supporting books that focus on labor protection. Decree of the Minister of Manpower and Transmigration No. Kep.231/MEN/2003 concerning Suspension of Implementation of the Minimum Wage. In the Jakarta Administrative Court decision Number 62/G/2021/Ptun.Jkt and Appeal Decision No. 10/B/2014/PT.Tun.Jkt, regarding the setting for the deferral of the minimum wage, needs to be reviewed, also regarding the deadline for the completeness of the files in submitting a deferral of the minimum wage. Agreements between employers and labor unions as a prerequisite for employers to carry out are contrary to law. Unions as legal subjects can sue Ptun. Legal settlement of the cancellation of the suspension of the minimum wage, can provide legal certainty for workers, and cause consequences in the settlement through a process at the Industrial Relations Court. Companies that have been declared void of their decision to suspend wages have not carried out their obligations to pay the minimum wage by the provisions.

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Kanakova, Anna. « Problematics of the Content of "Labor" Сonstitution Сategory ». Legal Linguistics, n^o 19 (30) (1 avril 2021) : 20–24. http://dx.doi.org/10.14258/leglin(2021)1903.

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The article discusses the constitutional category of «labour», the definition of which is not enshrined in legislative acts because it is considered to be a well-known category, which is not a special legal one and does not require any clarification. However, this approach creates difficulties for legal regulation, as it blurs the boundaries for the legislator and the executor. Lack of awareness of the concept of a regulated category can lead to a situation when the legislator, creating a new law or making amendments to an existing one, will subject to regulation the area that does not pertain to the relevant legal phenomenon, or vice versa - will ignore part of the content of the regulated category, which is certain to negatively affect the quality of legal regulation. Law enforcement practices similarly face difficulties in having only doctrinal understandings of statutory concepts, which creates inconsistency in decisions made by lawyers in course of their professional work. The 1993 Constitution of the Russian Federation enshrined the category of «labour» in a number of articles, but did not clarify the interpretation of its concept. The analysis of economic and legal views on labor allows us to conclude that, despite the status of a well-known category, which, it would seem, does not need an explanation, only the presence of clear criteria for recognizing an activity as labor, provides high-quality legal regulation, in particular, it allows not only to separate the types of activities that are not subject to legal regulation, but also to choose the right branch of law that regulates social relations in each particular case.

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Kostal, R. W. « Legal Justice, Social Justice : An Incursion into the Social History of Work-Related Accident Law in Ontario, 1860-86 ». Law and History Review 6, n^o 1 (1988) : 1–24. http://dx.doi.org/10.2307/743920.

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The historiography of work-related accidents in nineteenth-century Ontario is a product of two complementary but as yet unsynthesized lines of inquiry. On the one hand, legal historians have focused on the genesis of judge-made and statutory law respecting the liability of employers for the work-related accidents of their hired labor. Considerable light has been shed on political and ideological as well as formally “legal” factors that shaped judicial and legislative decision making concerning personal injuries at work. However, the legal historiography of the Victorian Ontario workplace pertains mainly to the law and those who made the law, rather than those subject to it. These studies of the dynamics of legal change, important as they are, lack a firm basis in tangible sociohistorical experience.

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Yan, Sui. « Toward Labor Legal Risk Assessment Based on Unbiased Iterative Brunching Decision Tree Algorithm ». Mobile Information Systems 2022 (14 avril 2022) : 1–9. http://dx.doi.org/10.1155/2022/6705542.

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In recent years, with the advancement of China’s labor laws and regulations, especially the strengthening of workers’ awareness of legal rights protection, enterprise labor risk is rising. It is essential for trade unions to help enterprises establish and improve the risk assessment mechanism of labor and employment on time, work hard from the four links of prediction, preexamination, forecast, and prevention urge enterprises to employ workers under the law, effectively reduce labor disputes, avoid the rise of conflicts, and maintain the stability of enterprises and society. In the background of building a harmonious society, the employment of enterprises has been paid more attention by the government, industry, and schools. Particularly for enterprises, market competition largely comes down to talent competition. In the global talent shortage, legal employment and risk prevention have been placed in front of enterprises. This is especially true for state-owned enterprises. More, under the prevailing situation of protecting workers’ rights, interests, and increasing legal awareness of enterprises and workers, it is more prominent for state-owned enterprises to carry the mission and responsibility of building a harmonious society. Its employment plays a leading role in the whole society or industry. The pragmatic purpose of this work is to deal with the risk management-related theory to the study of legal risk prevention and control of employment using the method of risk identification related to the current domestic and foreign through decision tree algorithm (DTA) about the ocean enterprise employee to assess international agreements and legal rules. Given the ocean enterprise employee specifically the seafarers’ employment combined with industry norms, the ideas, and measures of legitimate employment, this study has a strong theoretical and practical guiding importance for practical work.

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Anggiat, Bagas Dika, Wira Franciska et Marni Mustafa. « PERLINDUNGAN HUKUM BAGI TENAGA KERJA ATAS SUATU PERUSAHAAN YANG DINYATAKAN PAILIT YANG BERIMPLIKASI PEMUTUSAN HUBUNGAN KERJA YANG TIDAK DIBERIKAN PESANGON ». SENTRI : Jurnal Riset Ilmiah 2, n^o 9 (15 septembre 2023) : 3803–12. http://dx.doi.org/10.55681/sentri.v2i9.1535.

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The irrelevance of Das Sollen which is a rule or positive law that applies regardingregulations regarding company obligations in paying workers due to layoffs based on the Labor Law, is different from Das Sein which is the implementation of Das Sollen or the growing reality.The formulation of the problem in this study What are the legal consequences of a company being declared bankrupt which has implications for termination of employment for not providing severance pay? What is the legal protection for labor do not receive severance pay after termination of employment for a company declared bankrupt? The method used in this study is a qualitative research type with a normative juridical approach carried out through library research by studying and examining applicable legal provisions, documents or literature related to the issues studied and legal material collection techniques carried out by identifying and inventory of positive law rules, literature books, journals and other sources of legal materials. For legal material analysis techniques, it is carried out using legal interpretation (interpretation), as well as systematic interpretation and legal construction methods. From the research results, it can be obtained that the legal consequences of a company being declared bankrupt which has implications for termination of employment for not being given severance pay have resulted in the company being declared bankrupt losing all civil rights to control and manage assets that have been included in bankrupt assets. The suspension of this civil right is enforced by Article 22of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt as of the time the decision to declare bankruptcy was pronounced. Legal protection for labor do not receive severance pay after termination of employment for a company that is declared bankrupt within a company has the right toreceive rewards or wages that have been stipulated in the provisions of labor laws as well as good and fair treatment in employment relations in a company

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Ningsih, Fitria. « Politik Hukum Problematika Keberlakuan UU Cipta Kerja Pasca Putusan Mahkamah Konstitusi No. 91/PUU-XVIII/2020 ». COMSERVA Indonesian Jurnal of Community Services and Development 2, n^o 07 (28 novembre 2022) : 963–70. http://dx.doi.org/10.59141/comserva.v2i07.428.

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The problem with the enactment of the Job Creation Law has finally been confirmed by the Constitutional Court by stating that there was a violation of the constitution during the formation of the Job Creation Law. Less aspirational, the method of formation to changing the manuscript into revealed findings. The intention to amend the Manpower Law through the Employment Creation Act is actually not the first time this has been done, since the formation of the Manpower Law has been through many debates. The urgency of this research stems from the controversy over the birth of the Job Creation Law which continues after the Constitutional Court Decision No. 91/PUU-XVIII/2020. The 'conditionally unconstitutional' decision on the Job Creation Law provides intellectual property from legal scholars; Remember, several points of view examine the problem. This legal research uses an approach and approaches to laws and regulations based on primary legal materials, secondary legal materials, and non-legal materials. After it was decided the conditional unconstitutionality of various interpretations was revealed. The attitude of the government and lawmakers continues to implement policies related to labor by referring to the Job Creation Law. The revision of the Law on the Establishment of Legislation is considered as the first step for the legislators to provide a new dress code for the Job Creation Law.

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Ningsih, Fitria. « Politik Hukum Problematika Keberlakuan UU Cipta Kerja Pasca Putusan Mahkamah Konstitusi No. 91/PUU-XVIII/2020 ». COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat 2, n^o 7 (28 novembre 2022) : 963–70. http://dx.doi.org/10.59141/comserva.v2i7.428.

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The problem with the enactment of the Job Creation Law has finally been confirmed by the Constitutional Court by stating that there was a violation of the constitution during the formation of the Job Creation Law. Less aspirational, the method of formation to changing the manuscript into revealed findings. The intention to amend the Manpower Law through the Employment Creation Act is actually not the first time this has been done, since the formation of the Manpower Law has been through many debates. The urgency of this research stems from the controversy over the birth of the Job Creation Law which continues after the Constitutional Court Decision No. 91/PUU-XVIII/2020. The 'conditionally unconstitutional' decision on the Job Creation Law provides intellectual property from legal scholars; Remember, several points of view examine the problem. This legal research uses an approach and approaches to laws and regulations based on primary legal materials, secondary legal materials, and non-legal materials. After it was decided the conditional unconstitutionality of various interpretations was revealed. The attitude of the government and lawmakers continues to implement policies related to labor by referring to the Job Creation Law. The revision of the Law on the Establishment of Legislation is considered as the first step for the legislators to provide a new dress code for the Job Creation Law.

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Chucha, Sergey Yu. « Peculiarities of legal regulation of the labor of employees’ labor in the introduction of special measures in the economic sphere ». Gosudarstvo i pravo, n^o 9 (2023) : 197. http://dx.doi.org/10.31857/s102694520027739-3.

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The problems of differentiation are considered of labor relations in the context of the transformation of the labor sphere are considered. Based on the analysis of the process of legislative activity, a new basis for the differentiation of labor relations is identified, associated with the introduction of special measures in the sphere of the economy by the Government of the Russian Federation. The application of a differentiated approach in relation to individual enterprises or production facilities is considered. The article analyzes changes in the legislation on defense and the labor, undertaken in order to ensure the conduct of counter-terrorist and other operations by the Armed Forces of the Russian Federation, other troops, military formations and bodies outside the territory of the Russian Federation, providing for the adoption by the Government of the Russian Federation of a decision on the introduction of special measures in the economic sphere. Particular attention is paid to the issues of special measures in the sphere of the economy, according to which the Government of the Russian Federation can establish features of the legal regulation of labor relations. The powers of the Government of the Russian Federation to participate in labor relations with the introduction of special measures in the economic sphere are analyzed.

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GÜREL, Murat, et Orhan Ersun CİVAN. « THE LIABILITY OF THE LATEST TRANSFEREE FROM THE OUTSTANDING SOCIAL SECURITY PREMIUM DEBT OF THE THE FIRST TRANSFEROR WHEN THE WORKPLACE HAS BEEN TRANSFERRED MORE THAN ONCE ». Ticaret ve Fikri Mülkiyet Hukuku Dergisi 8, n^o 1 (30 juin 2022) : 91–114. http://dx.doi.org/10.55027/tfm.1023390.

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According to the Social Insurance and General Health Insurance Act no 5510 article 89 subsection 1 (as amended by Act no 5754), the transferee shall be liable from the transferor’s debts against the Social Security Institution. However, the article does not regulate the liability of the latest transferee from the first transferor’s debts if the workplace has been transferred more than once. This problem is discussed in decisions of the Court of Cassation and literature. Until 2018, according to the Court of Cassation’s majority decision, the latest transferee is not liable from the first transferor’s social security premium debts; but the transfer is fraudulent. This jurisprudence became the prevalent opinion among legal scholars. However, in 2018 the Court of Cassation changed its position and accepted the dissent opinion which states that the latest transferee shall be liable from the first transferor’s debts to Social Security Institution if the workplace has been transferred more than once. In this study, the case law and the doctrine regarding the problem are analyzed in the light of the labor and commercial law. To this end, firstly the legal definition and consequences of transfer of the workplace are explained under the labor and commercial law. Then, the rationale of the case-law of the Court of Cassation before and after 2018 is examined and discussed whether the rationale and the consequences of the decisions are in line with the regulation of the structural changes in the corporate law.

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Rahman, Yogi Muhammad, Sarah Furqoni, Rully Syahrul Mucharom, Belardo Prasetya Mega Jaya et Taopik Iskandar. « Analysis of Non-Conformities in Labor Inspection Regulations in Indonesia : a Multi-Level Study Based on Article 178 of The Labor Law ». Journal of Law and Sustainable Development 11, n^o 10 (25 octobre 2023) : e1257. http://dx.doi.org/10.55908/sdgs.v11i10.1257.

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Objective: This paper will examine the aforementioned issues ow do businesses ensure their employees' rights and needs are met? How effective is government-appointed labor inspectors at preventing violations of workers' rights? How are the legal and practical mechanisms for labor inspectors to uphold the rights of workers formed and implemented are crucial factors to consider when evaluating the role of labor inspectors in promoting cooperation between workers and management. Method: With current literature by drawing on a wide range of primary and secondary legal sources, including statutes, case law, and academic studies. Result: The study concludes that ILO Convention No.81 of 1947 affirms the authority of labor inspection, and that the government of Indonesia ratified this convention in Law No. 21 of 2003 on the ratification of ILO Convention No.81, but that the central government's control of labor inspection has become problematic due to the development of a labor law that provides authority that is centralistic-hierarchical and increasingly complex. Since labor inspectors are spread out over such a large region, there are a number of pressing matters that must be enforced until the shortage of available resources at the local level is resolved with a, but it is also important to consider the local context when making policy decisions moving forward. Conclusion: This research will shed light on Indonesian labour inspection difficulties and may lead to more specific improvements.

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Gluschenko, M. « Protection of rights of employees in case of employment contract’s suspension under the martial law ». Uzhhorod National University Herald. Series : Law 1, n^o 74 (31 janvier 2023) : 176–82. http://dx.doi.org/10.24144/2307-3322.2022.74.30.

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The author focuses on the actual problems of implementing the employee's right to protection in case of the employment contract’s suspension in the conditions of martial law. Within the framework of the study, the author considers both theoretical and practical issues of the institute of suspension of employment relations. At the same time, the main attention is paid to the peculiarities of the suspension of employment contracts during the legal regime of martial law, as well as to the problems of implementing the right of employees to protection in case of violation of legal grounds for such suspension by employers. It is emphasized that for the legality of the suspension of the employment contract in the conditions of martial law, the simultaneous presence of several conditions is necessary, such as: 1) the fact of armed aggression and the existence of the legal regime of martial law; 2) absolute impossibility of providing work by the employer and performing work by the employee. At the same time, the lack of a relevant legal norm is the absence of a clear definition or at least signs of the impossibility of the parties to the employment contract fulfilling their obligations. It has been proven that the labour legislation should not only clearly state the conditions and procedure for suspending the employment contract, but also establish the employer's financial responsibility to the employee in the form of average earnings for forced absenteeism in the event that such suspension is recognized as illegal. In particular, in the case of the cancellation of the suspension of the employment contract by the court in connection with the employer's violation of the labor legislation when it was issued (for example, the suspension of the employment contract was introduced at the initiative of the employer without sufficient grounds for this), the implementation of the right to protect the violated rights of the employee should include not only the cancellation of the order and the restoration of the employment contract, but also the reimbursement by the employer of the average earnings during the period of forced absenteeism, by analogy with Article 235 of the Labor Code of Ukraine, according to the second part of which, when making a decision on reinstatement, the body that considers a labor dispute simultaneously takes decision to pay the employee the average salary for the period of forced absenteeism.

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Linets, Alexander A. « Implementation of the Employer’s Authority through the Lens of Law Enforcement Practice ». Russian Journal of Legal Studies (Moscow) 1, n^o 2 (19 juillet 2024) : 57–69. http://dx.doi.org/10.17816/rjls630014.

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The exercise of the employer’s authority is closely intertwined with the bearing of entrepreneurial risk. Crucially, the rule that an employee’s position should not be worsened prohibits transferring this risk to employees. However, realizing this rule is challenging when employers choose between alternative legal constructions, each compliant with the "letter" of the law, to mediate managerial decisions. This article aims to identify restrictions on employers’ use of legal constructions that contradict the goals, objectives, and principles of labor legislation. It analyzes court practices concerning the prohibition of shifting entrepreneurial risk to employees within the context of business platformization, the nonlinkage of urgency in relations with counterparts to employment relations, and the interplay between remuneration and labor discipline. Additionally, it examines the "competition" between alternative legal constructions for terminating employment contracts due to unsatisfactory test results or disciplinary breaches. The study concludes that there is a trend in law enforcement practice to evaluate the competition of legal constructs based on their purposes and procedural safeguards provided to employees. Thus, labor legislation and law enforcement practice establish boundaries for exercising employer authority. The findings can inform the implementation and application of labor law.

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Adhistianto, Mohamad Fandrian. « The Unconstitutionality of Termination of Employment on The Grounds of An Urgent Offence ». Pandecta Research Law Journal 18, n^o 1 (23 juin 2023) : 88–99. http://dx.doi.org/10.15294/pandecta.v18i1.41830.

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Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation through Government Regulation No. 35 of 2021 on Fixed-term Labor Contracts, Outsourcing, Breaks during working time and Dismissal provides for dismissal for urgent infractions that are similar in content to dismissal for serious infractions. misconduct under the Manpower Act No. 13 2003, which was repealed based on a decision of the Constitutional Court No. 012/PUU-I/2003. The legal issues that will be addressed in this study are how the constitution envisages dismissal for urgent violations, which are similar in substance to serious misconduct as grounds for dismissal. This type of research is legal research using statutory approach and is carried out by searching for positive legal norms consisting of applicable laws and court decision related to termination of employment on the grounds of urgent violations apply based on Law Number 6 of 2023, although it has similar substance with gross misconduct as a reason for termination of employment in the provisions of Article 158 of Law Number 13 of 2003 which has been declared contrary to the 1945 Constitution so that it does not apply and has binding legal force based on the Constitutional Court Decision Number 012/PUU-I/2003.

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Mitraysova, Angelina S., et Oksana S. Kuchevasova. « BROADENING THE POWERS OF FEDERAL LABOR INSPECTION : THE ISSUES OF LEGAL VALIDITY AND EFFECTIVENESS ». Tyumen State University Herald. Social, Economic, and Law Research 6, n^o 3 (2020) : 233–47. http://dx.doi.org/10.21684/2411-7897-2020-6-3-233-247.

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The right to remuneration for work is protected not only with the national sources of law (first of all, the Constitution of the Russian Federation), but also with international acts, which emphasize its special significance. The functions of protecting the right to remuneration for work are assigned to a wide variety of structures, including the Prosecutor’s office, courts, and labor dispute commissions. A separate place is assigned to the state labor inspectorates, which are authorized to carry out supervision and control functions for compliance with labor legislation. At the end of 2019, with the adoption of appropriate legislative changes, the powers of state labor inspections were expanded. The new powers included the functions of organizing and carrying out activities aimed at preventing violations of labor laws and other regulatory legal acts containing labor law norms, as well as the functions to enforce the employer’s obligation to pay payments that were accrued to the employee, but were paid in fixed time. In this article, the authors consider the proposed legislative changes, identify the shortcomings of legal regulation, and suggest possible ways to eliminate them, improve the regulatory framework in order to improve the effectiveness of the implementation of state labor inspections of their powers and protect the violated rights of employees. The research methodology is based on a dialectical method that revealed some contradictions in the legal regulation and practice of state labor inspections. Due to the comparative method (when comparing the institution of a court order and a decision on enforcement), shortcomings were identified in the effectiveness of the implementation by the state labor inspections of the power to enforce the employer’s obligation to pay accrued but unpaid wages and other amounts within the framework of labor relations.

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dos Anjos Ramos Carvalho e Silva, Mariana, et Henrique da Silveira Zanin. « Brazilian labour court decisions on privacy rights in the technology era ». Russian Journal of Labour & ; Law 12 (2022) : 251–58. http://dx.doi.org/10.21638/spbu32.2022.121.

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The workplace was considerably changed by technological and innovative advances. Some extrapolations of such change, however, occur when the employer monitors landlines and mobile phones, e-mails and instant messaging applications, internet use, and use and behaviour in social networks. Brazilian literature in this area has been developing throughout the years, but it is still insufficient and case law is not uniform, causing legal uncertainty that usually harms the most vulnerable party: the worker. This qualitative empirical study therefore seeks to understand those decision that to maintain and do not maintain (and why) the dismissal with cause in cases involving the use of information and communication technologies. A legal search in the jurisprudence of the Regional Labour Court of the Second Region (Sгo Paulo, Brazil) was performed and decisions published until December 2019 were retrieved and confronted with the understanding provided for in instruments from the International Labor Organization related to the future of work and termination of employment. It seems information and communication technologies are still a recent matter when decisions from the abovementioned Court were analyzed and confronted with International Labor Organization’s instruments. This study understands that privacy and the use of information and communication technologies could be more discussed and incorporated into the Brazilian legislative agenda, so it generates policy development and discussion on the importance of protecting workers’ right to privacy.

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Blikhar, Mariia, Oleksii Ostapenko, Iryna Khomyshyn, Leonid Ostapenko et Mariia Vinichuk. « "TRANSFORMATION" OF HIRED LABOR AS ONE OF THE CONDITIONS FOR REFORMING LABOR LEGISLATION OF UKRAINE : ECONOMIC AND LEGAL DIMENSION ». Financial and credit activity problems of theory and practice 1, n^o 48 (28 février 2023) : 351–61. http://dx.doi.org/10.55643/fcaptp.1.48.2023.3969.

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The purpose of the article is to study the theoretical and applied aspects and identify the problems of the "transformation" of hired labor, as one of the conditions for reforming the labor legislation of Ukraine, in the context of their economic and legal dimension. The labor relations that arise and function between an employee and an employer in Ukraine are regulated by the norms of labor law both of the Soviet period and from the time of the declaration of independence of Ukraine.The article emphasizes that starting from the 1990s and until now, the national labor legislation has problems that require: 1) legislative coverage and consolidation of the social purpose of labor law in the sphere of regulation of labor relations between an employee and an employer and their practical implementation; 2) correct clarification of the content of the behavior of the subjects of labor relations based on prohibitions, orders and permits that regulate certain aspects of labor activity; 3) reforming labor legislation in order to direct and bring it into line with the Constitution of Ukraine and generally defined principles and norms of international labor law; 4) the unity of the legal policy of the state in the field of labor of certain categories of employees; 5) creation of an effective legal mechanism to regulate the sphere of contractual relations, both individual and collective, taking into account the new social relations between employees and employers on the basis of social dialogue; 6) creation of an appropriate legal framework that would ensure the economic interest of employers in creating safe working conditions for employees; 7) legislative regulation of gender equality of the rights of men and women in the field of work in order to ensure equal opportunities related to remuneration for work results and social protection of employees; 8) new in the content approaches of legal regulation of legal responsibility for violations of labor legislation precisely because the norms of labor law are transformed from general formalized provisions into specific legal rights and obligations of subjects of labor relations.The article emphasizes that each person independently makes decisions about his own work and is personally responsible for his well-being. At the same time, labor legislation should be a high-quality and effective regulator of labor relations, which is the basis for meeting the material and social needs of the employee.

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Bailo, O. V. « INDIVIDUAL ISSUES OF THE ORGANIZATION OF STATE SUPERVISION (CONTROL) OF COMPLIANCE WITH LABOR LEGISLATION ». Constitutional State, n^o 41 (17 mars 2021) : 38–43. http://dx.doi.org/10.18524/2411-2054.2021.41.225578.

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The article considers the problematic issues of the organization of state supervision (control) over the observance of labor legislation. The urgency of the research topic is determined by the dependence of the state of human rights on the effectiveness of supervision and control by the state. The relevance of the study of legal relations in the field of state supervision (control) is determined by the fact that state control (supervision) over compliance with labor legislation and other regulations containing labor law is considered in the science of labor law as a jurisdictional way to protect labor rights and freedoms. The study of case law shows the ineffectiveness of state supervision (control) in the field of labor in connection with the violation of the procedure for such measures. The vast majority of court proceedings on administrative claims of business entities to the Territorial Departments of the State Labor Service on the recognition of illegal and revocation of the decision are decided in favor of business entities. The article pays special attention to the problematic issues of the procedure of implementation of measures of state supervision (control) in the field of labor, namely the grounds for the implementation of such unscheduled measures (inspection visits). During the inspection of an business entity, the State Labor Service must in any case follow the procedure for appointing and conducting such inspection, established by the legislation of Ukraine. Convention no. 81 (1947) does not provide for exceptions to bring business entities to justice based on the results of inspections violation of the procedure established by national law and the results of which do not give rise to legal consequences for business entities. The provisions of the draft Labor Code of Ukraine on the organization of state supervision over compliance with labor legislation are analyzed. On the basis of the analyzed normative-legal acts, amendments to the legislation are developed and offered, which will eliminate shortcomings in the organization and activity of subjects of supervision and control over observance of the labor legislation that as a whole will promote realization of the state policy in the field of effective employment.

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Gressella, Jesslyn, et Andari Yurikosari. « Analisis Upah Proses Berdasarkan Putusan Mahkamah Konstitusi Nomor 37/PUU-XI/2011, Surat Edaran Mahkamah Agung Nomor 3 Tahun 2015 dan Surat Edaran Nomor 3 Tahun 2018 (Studi Kasus Putusan Pengadilan Hubungan Industrial Jakarta Pusat Nomor 255/Pdt.Sus-PHI/2017 jo. Putusan Mahkamah Agung Nomor 499 K/Pdt.Sus-PHI/2018). » Jurnal Hukum Adigama 2, n^o 2 (14 décembre 2019) : 1193. http://dx.doi.org/10.24912/adigama.v2i2.6912.

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This study has title "Analysis of Process Wage Based on Constitutional Court Decision Number 37 / PUU-XI / 2011, Supreme Court Circular Letter Number 3 Year 2015 and Circular Letter Number 3 Year 2018 (Case Study of Central Jakarta Industrial Relations Court Decision Number 255 / Pdt.Sus -PHI / 2017 Jo. Supreme Court Decision Number 499 K / Pdt.Sus-PHI / 2018). This study uses the type of normative legal research or literature on labor agreement theory and legal certainty theory. The approach used in this research is the law approach which is completed with interview data. The wage of process given to workers in the discussion of this study is not in accordance with statutory regulations. The judge decides the case based on the Supreme Court Circular Letter Number 3 Year 2015 and Circular Letter Number 3 Year 2018. In the author's opinion, this case study can be the application of the law regarding process wages to be uncertain and unfair for workers. The application of process wages should be appropriate and fair in order to create legal certainty in the Industrial Relations Court

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Vavzhenchuk, Sergiy, et Vladyslav Zhmaka. « Problems of protection of labor rights during hiring with the use of artificial intelligence algorithms ». Problems of legality 1, n^o 164 (10 mai 2024) : 19–38. http://dx.doi.org/10.21564/2414-990x.164.288964.

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Abstract In recent years, artificial intelligence has found wide application in labor law, including in hiring processes. Artificial intelligence algorithms are used to automate recruiting, skills assessment and decision making. Although this can provide certain advantages and efficiency in the selection of candidates, the use of artificial intelligence algorithms in hiring also creates new legal problems and challenges, in particular in the context of the protection of labor rights in hiring: discrimination, transparency of artificial intelligence algorithms, protection of personal data. The problems caused by the use of artificial intelligence in labor law create challenges for lawyers in the context of creating ethical criteria and legal frameworks that regulate the use of artificial intelligence in the hiring process. The purpose of this article is to outline the main legal issues related to the violation and protection of labor rights in the case of the use of artificial intelligence algorithms in hiring. To achieve the goal of the research, methods of analysis, generalization, formal-logical, comparison, forecasting, dialectical and others were used. The current state of Ukrainian legislation and the experience of foreign countries are considered. The signs by which the artificial intelligence system can be classified as high-risk are highlighted. The problems of personal data protection during recruitment using artificial intelligence algorithms are analyzed. The definition of discrimination contained in international legal acts has been studied. Insufficient legal regulation of discrimination with the use of artificial intelligence algorithms has been established, which in turn creates problems in law enforcement. The criteria necessary to prevent manifestations of discrimination during recruitment with the use of artificial intelligence algorithms are highlighted. On the basis of the conducted research, a conclusion was made about the insufficient legal regulation of the use of artificial intelligence algorithms in domestic legislation, criteria that should become key for the protection of labor rights during employment with the use of artificial intelligence algorithms.

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Wilma Silalahi. « PERLINDUNGAN HAK KONSTITUSIONAL BURUH ». Legalita 1, n^o 1 (22 août 2019) : 46–62. http://dx.doi.org/10.47637/legalita.v1i1.30.

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Indonesia as a democratic rule of law places the rights of citizens as part of the basic rights guaranteed and protected by the state. The rights of citizens are further regulated in the 1945 Constitution as the highest basic law, hereinafter referred to as constitutional rights. However, in its implementation there are still often violations of labor rights. Over time workers who feel their constitutional rights are impaired by the enactment of norms in the Manpower Act submit a judicial review to the Constitutional Court related to the conception of protecting labor rights. The writing of this article uses the normative legal research method. The conclusion of this article is that the concept of protection of labor rights in legislation that guarantees the constitutional rights of workers or workers' normative rights that can be broadly grouped into four, namely economic rights, political rights, rights that are medical nature, and social rights. Conception of Labor Rights Protection According to the Constitutional Court as reflected in Decision on Case Number 012 / PUU-I / 2003, is an interpretation of the Constitutional Court's law on the 1945 Constitution related to the examination of the Labor Law.

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Pierson, Dale D. « After Janus What Comes Next ? Possible Solutions to the Free-Rider Problem ». Labor Studies Journal 43, n^o 4 (décembre 2018) : 269–96. http://dx.doi.org/10.1177/0160449x18809434.

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The Supreme Court’s decision in Janus v. AFSCME overrules a forty-year precedent, Abood v. Detroit Board of Education, which required nonmembers to pay their “fair share” of the costs of union representation. Janus represents a broader attack on unions, and the entire National Labor Policy of free collective bargaining designed to promote labor relations stability and ameliorate economic inequality. But as is characteristic of twenty-first century anti-union ideology, when elevated to constitutional law, it creates opportunities for labor unions and a broader coalition of workers, activists, and their natural allies. This article explores post- Janus legal, legislative, and organizational options for labor and, in particular, ways for unions to address the “free-rider” problem.

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Melati, Kesuma, et Stanislaus Atalim. « ANALISIS TERHADAP KEBIJAKAN DEMOSI PADA PEKERJA PT. MEGAH MITRA SUKSES (STUDI KASUS PUTUSAN NOMOR 146/PDT.SUS-PHI/2016/PN.JKT.PST JO PUTUSAN MAHKAMAH AGUNG NOMOR 257K/PDT.SUS-PHI/2017) ». Jurnal Hukum Adigama 2, n^o 1 (25 juillet 2019) : 744. http://dx.doi.org/10.24912/adigama.v2i1.5259.

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Demotion occurs in a company mainly because of its negative influence on the morale of the workers concerned and can affect the achievement and morale of other workers in the company. Decline in the position of authority, facilities, status and even salary is a punishment for workers. Demosi is not given its arrangement in Law number 13 of 2003 concerning Manpower and other laws and regulations related to employment. Thus, this demotion arrangement can be regulated individually in work agreements, company regulations or collective labor agreements.The company does have the right to move workers in other parts but may not violate Human Rights and violate the provisions of Article 32 paragraph 2 of the Manpower Act which stipulates that placing someone who is not because of his expertise is against the law. Workforce placement must also pay attention to expertise, dignity and human rights and legal protection. The problem examined is how legal protection for workers due to demotion policy at PT. Magnificent Success Partner? And Is the legal consideration of the judge in the decision Number 146/Pdt.Sus-PHI/ 2016/PN.JKT.PST Jo Decision of the Supreme Court Number 257K/Pdt.Sus-PHI/2017 in accordance with the Manpower Act?Demotion will continue to occur if there are no strict rules regarding demotion, the government should make a regulation in the Labor Law regarding demotion, so that the rules regarding demotion become clear and do not harm the workers.

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Голопич, Т. П., et І. М. Голопич. « Legal Aspects of the Social Regulator of Contractual Relations in Labor Law of Ukraine ». Law and Safety 80, n^o 1 (19 mars 2021) : 130–38. http://dx.doi.org/10.32631/pb.2021.1.18.

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Legal aspects of the social regulator of contractual relations in labor law of Ukraine have been revealed. The concept of social partnership and social dialogue as a legal regulatory mechanism of collective relations has been studied. Legal regulation of labor conditions at different levels, through agreements, reflecting the will and interests of the parties to the agreement, has been analyzed. It has been found out that the personal nature of work, the definition of the specific labor function, duration of working time, remuneration of labor, etc., shall be reflected in a contractual relationship, which requires new forms of relationship between a state, an employer and an employee. Such new forms are acts of social partnership representing the interests of employees, employers, and the state in general. Special attention in this process has been paid to the collective agreement, wherein the interests of the labor collective and the employer are reconciled. The significance of the collective agreement is enhanced in the context of the market economy transformation and the development of new forms of management. Based on international experience it has been proved that problems of economic and public life are addressed optimally, if the orientation is implemented not towards the confrontation, but towards the achievement of social compliance, adjustment of social partnership on the principles of cooperation between employers and employees, which are realized in forms of negotiations, the conclusion of collective agreements and collective arrangements, coordination of draft regulatory and legislative acts and consultation in decision-making by social partners at all levels. It has been defined that social partnership is implemented by means of social dialogue, as a set of coordination procedures of interests of association of employees, employers and the state. Social dialogue helps to provide social harmony and stability in the society, it addresses diverse social and economic problems; it is the universal mean of collective relations for each country, it takes into account its traditions and particularities, and it is based on the significant practical experience of real cooperation.

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Hartman, Rhonda Gay. « Coming of Age : Devising Legislation for Adolescent Medical Decision-Making ». American Journal of Law & ; Medicine 28, n^o 4 (2002) : 409–53. http://dx.doi.org/10.1017/s0098858800002707.

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A substantial segment of the American population consists of adolescents. Adolescents, defined as persons between the ages of fourteen and eighteen, have traditionally been regarded as “minors” by law. Minors, as a group, are legally disabled, meaning they are presumed to lack the skills necessary for capable decision-making. Capable decision-making is requisite to the exercise of legal rights. Although the U.S. Supreme Court has extended federal constitutional guarantees to minors, including the liberty right for decision-making in intimate, personal matters, the Supreme Court has observed that vulnerability impairs their decision-making capability. Accordingly, the law regulates decision-making liberties of minors far more extensively than those of adults.The underlying tenet of law governing adolescents—that they lack the skills required for capable decision-making—seems well-settled. It is an artifact from an industrial society that spawned legislation authorizing governmental regulation of adolescents for education and labor in order to protect and promote their health and well-being.

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