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Articoli di riviste sul tema "Legal decision on labor law"
1
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.
Testo completoAbstract (sommario):
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.
2
Kuznetsova, Yu V. "REFORMATION OF LABOR RELATIONS DURING THE STATE OF MARTIAL". Constitutional State, n. 50 (19 giugno 2023): 99–105. http://dx.doi.org/10.18524/2411-2054.2023.50.280277.
Testo completoAbstract (sommario):
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.
3
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. 2 (17 giugno 2024): 92–100. http://dx.doi.org/10.32755/sjlaw.2024.02.092.
Testo completoAbstract (sommario):
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, e Nugrah Gables Manery. "Perlindungan Hukum Bagi Hak-Hak Tenaga Kerja Dalam Pembagian Hutang Harta Pailit". PATTIMURA Legal Journal 2, n. 1 (30 aprile 2023): 30–42. http://dx.doi.org/10.47268/pela.v2i1.8373.
Testo completoAbstract (sommario):
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. 8 (29 agosto 2023): e03152. http://dx.doi.org/10.26668/businessreview/2023.v8i8.3152.
Testo completoAbstract (sommario):
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. 11 (10 dicembre 2021): 812–18. http://dx.doi.org/10.33920/pol-2-2111-01.
Testo completoAbstract (sommario):
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 e 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. 3 (22 luglio 2020): 198–211. http://dx.doi.org/10.54783/ijsoc.v2i3.155.
Testo completoAbstract (sommario):
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. 3 (26 aprile 2024): 24–30. http://dx.doi.org/10.36887/2524-0455-2024-3-5.
Testo completoAbstract (sommario):
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., e 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. 80 (22 gennaio 2024): 289–95. http://dx.doi.org/10.24144/2307-3322.2023.80.1.42.
Testo completoAbstract (sommario):
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. 4 (14 agosto 2023): 38–48. http://dx.doi.org/10.32996/ijlps.2023.5.4.5.
Testo completoAbstract (sommario):
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.
Tesi sul tema "Legal decision on labor law"
1
Braman, Eileen Carol. "Motivated reasoning in legal decision-making". Connect to this title online, 2004. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1091730982.
Testo completoAbstract (sommario):
Thesis (Ph. D.)--Ohio State University, 2004.Title from first page of PDF file. Document formatted into pages; contains xvi, 213 p. Includes bibliographical references (p. 203-213). Available online via OhioLINK's ETD Center
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English, Peter Wayne. "Behavioral and social facts in legal decision making". Diss., The University of Arizona, 2003. http://hdl.handle.net/10150/289881.
Testo completoAbstract (sommario):
Behavioral and Social Facts in Legal Decision Making provides a coherent framework for thinking about the social science and legal decision making interface. It takes as its premise that valuable lessons may be learned by examining a variety of legal decisions and their relationship to pertinent social and behavioral facts. It describes and explains these lessons in three parts. Section I introduces this relationship by demonstrating that behavioral and social factual knowledge can be critical in legal decision making, that the knowledge may have multiple sources, and that it can be used to address a variety of issues, interests and concerns held by various parties with an interest in the legal decision. Having established that the relationship between social science and legal decision making is an important one, Section II shows how and why behavioral and social facts can be used in legal decision making. Five primary uses are illustrated. First, behavioral and social facts can be used to identify and evaluate legal assumptions. Second, behavioral and social facts can be used by legal decision makers to establish social and legal policy. Third, behavioral and social facts can be used to settle factual disputes. Fourth, behavioral and social facts can be used to help resolve constitutional issues. Finally, behavioral and social facts can be used to educate legal decision makers so that they can make more effective and informed decisions. Despite the many potential benefits of using behavioral and social facts in legal decision making, Section III acknowledges that the relationship does not always work out as anticipated. Deficiencies may exist within either the behavioral and social facts or the legal decision maker. For example, the legal decision maker may choose to ignore relevant behavioral and social facts. Other problems may exist: The behavioral and social facts may not yet exist, or if they do exist, they may not directly address the specific issues with which the legal decision maker is concerned. Finally, the behavioral and social facts may suffer from methodological or statistical flaws that limit their application.
3
Steiner, Jochen. "Mediation of employment disputes : a legal assessment". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0027/MQ50965.pdf.
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Yannopoulos, George Nicholas. "Modelling the legal decision process for information technology applications in law /". The Hague : Kluwer Law International, 1998. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=008004619&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Marquis, Arthur-David. "In the Name of Homeland Security| A Legal History of Post-9/11 Labor Policy at US Customs". Thesis, State University of New York Empire State College, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10256835.
Testo completoAbstract (sommario):
"MAXhr”, the new Department of Homeland Security (DHS) personnel system authorized as part of the most significant government restructure of the past 50 years by the Homeland Security Act (HSA), fundamentally altered labor relations policies for 170,000 DHS employees. A subsequent National Security Personnel System at the Department of Defense was modeled after MAXhr and expanded similar changes to nearly 700,000 federal civilian employees. Within this context of these systemic changes, the National Treasury Employees Union (NTEU) litigated a decade-long challenge to uphold key provisions of its collectively bargained agreement with the US Customs Service (USCS). Fifteen years after the HSA merged USCS into the new US Customs and Border Protection agency within the DHS, NTEU’s initial legal setbacks have been resolved with precedential victories and pending back pay awards upholding its collective bargaining rights while rolling back the personnel management systems instituted in the name of homeland security.
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Guzmán, Lozano Luz María. "Female labour in Mexico : a legal analysis comparing international and domestic law". Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99139.
Testo completoAbstract (sommario):
This thesis analyses the Mexican legal framework and the public policies implemented by the Mexican government regarding female labour from an international perspective. The position to be argued throughout the thesis is that the Mexican government has not fulfilled its international obligations derived from the treaties and international conventions that directly or indirectly provide for women's labour rights. The thesis proposes a number of legal reforms and public policies that once properly enforced and implemented by the Mexican government would provide for gender equality in the Mexican labour market.
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Koublitskaia, Ioulia. "The Relationship between Legal and Extra-legal Factors: How Judges Come to Make their Decisions in Domestic Violence Cases". ScholarWorks@UNO, 2012. http://scholarworks.uno.edu/td/1541.
Testo completoAbstract (sommario):
The purpose of this research is to understand how Trial Court Judges in state and city courts make decisions in domestic violence cases. The researcher examined the relationship between legal (e.g., evidence) and extra-legal factors (e.g., preconceived biases and behaviors related to judicial decision-making) using a qualitative research design. A case study of multiple locations in Orleans and Jefferson Parishes was used whereby a purposive sample of 17 current civil, municipal, and criminal court judges were interviewed. Judicial decision-making strategies were studied via face-to-face interviews, courtroom observations, and content analysis of courtroom communications (e.g., speech, written text, interviews, images, etc.). The researcher discusses future applications of the study as well as the application of findings to assist in exploring judicial decision-making processes. This qualitative research may be beneficial to policy planners, practitioners, and sociologists in gaining insight into the complexity of the judges’ decision-making processes.
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Furlet, N. Ya, e Н. Я. Фурлет. "Head of institution of higher education – subject of labor law". Thesis, Yaroslav Mudryi National Law University, 2018. http://openarchive.nure.ua/handle/document/7788.
Testo completoAbstract (sommario):
Thesis for a degree of Candidate of Science in Law, specialty 12.00.05 «Labor law; social security law». – Yaroslav Mudryi National Law University, Ministry of Education and Science of Ukraine. – Kharkiv, 2018.The dissertation is devoted to the systematic and detailed analysis of the legal essence, content and features of the status of the head of a higher education institution as a subject of labor law, as well as actual problems of practical nature and the search for solutions to them. In the scientific work the legal characterization of the activity of the head of a higher education institution as a form of realization of labor rights for the fulfillment of official duties, as well as a specific kind of labor activity was carried out. Defined the notion and essential features of the labor-legal status of the head of a higher education institution, in particular, the nature of the legal relationships that the composition is established between the head of a higher education institution (as an employee) and the founder of a higher education institution (as an employer). Features of the emergence and termination of labor relations with the head of the higher education institution are highlighted, and the gaps and conflicts in the normative and legal regulation of labor relations with the head of higher education institution are identified. Specific suggestions and recommendations for improving the legal regulation of the status of the head of a higher education institution as a subject of labor law have been formed.
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Kang, Yi. "Institutions, consciousness, and tactics : workers' legal mobilization in labor dispute resolution in Shanghai". HKBU Institutional Repository, 2005. http://repository.hkbu.edu.hk/etd_ra/634.
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Carbone, Jonathan N. "It Must Have Been Him: Coherence Effects within the Legal System". FIU Digital Commons, 2015. http://digitalcommons.fiu.edu/etd/2204.
Testo completoAbstract (sommario):
The present series of studies examine how jurors and public defenders evaluate different pieces of evidence and integrate them into a coherent conclusion within the context of a criminal case. Previous research has shown that in situations where both sides of the case are compelling, decision-makers nevertheless come to highly confident and polarized decisions, called coherence shifts (Simon, 2004). The present research sought to expand on coherence effects, improve upon the methodology of previous studies, and explore potential moderators of coherence. In Study 1, mock jurors (n = 306) read about a criminal case and evaluated multiple pieces of evidence at various points throughout the case. Results indicated that participants exhibited pronounced coherence shifts (i.e., their evaluations of the various pieces of evidence (a) became more consistent as the case progressed, and (b) were evaluated in line with their initial leanings) using an improved methodology that randomized evidence order and evidence valence. Furthermore, participants’ interim leanings of guilt or innocence biased their subsequent evaluations of ambiguous evidence. The direction and magnitude of participants’ coherence shifts were predicted by their pretrial dispositions towards prosecution and defense. Participants lacked awareness of how their perceptions of the evidence have shifted. Coherence shifts were not, however, moderated by asking mock jurors to justify their decisions, or by asking mock jurors to play devil’s advocate while considering each piece of evidence, underscoring the pervasiveness of this cognitive bias. Study 2 examined whether actual public defenders experience coherence shifts and how those shifts relate to the plea bargaining process; however, no coherence shifts were observed. Study 3 examined whether the timing of the defense’s presentation of their case could reduce coherence effects; results indicated that reading about the defense’s case immediately after the prosecution’s case (c.f. following a delay) marginally (p = .09) reduced coherence effects among jurors who acquitted the defendant, suggesting one potential strategy to mitigate this bias.
Libri sul tema "Legal decision on labor law"
1
United States. Department of Labor. Wage and Hour Division. Application of U.S. labor laws to immigrant workers: Effect of Hoffman Plastics decision on laws enforced by the Wage and Hour Division. 2a ed. Washington, DC: U.S. Dept. of Labor, Wage and Hour Divsion, 2008.
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2
Shumilina, Vera, Tat'yana Sidorina, Mikhail Onopchenko, Valeria Drobotenko, Anna Varchenko, Kristina Bondareva, Anguelina Tepegendjiyan et al. Problems of the labor market of the Russian Federation and its legal support in the context of economic recession and pandemic. au: AUS PUBLISHERS, 2021. http://dx.doi.org/10.26526/978-0-6487435-8-3.
Testo completoAbstract (sommario):
Today, in a modern market economy, one of the main factors of production is the labor market. The labor market and its mechanisms regulate the levels of employment of the population, supply and demand for labor, the level of wages, and the characteristics of the distribution of labor.
To study the labor market, it is necessary to collect statistical data and analyze them. Labor market statistics are an important component of socio-economic statistics. It is closely related to other sections of socio-economic statistics, such as population statistics, statistics of economic sectors, the system of national accounts, etc. The conclusions drawn from the statistical study of the labor market characterize the state and development of the economy and are necessary for making informed economic and social decisions.
The main branch of law that regulates relations in the labor market is labor law. It is one of the leading, complex and most important branches of law in the Russian Federation.
In the conditions of economic recession and pandemic, new problems of the labor market of the Russian Federation and its legal support have emerged.
This monograph, dedicated to modern problems of the labor market, is the result of the joint work of teachers and students of the Department of Economic Security, Accounting and Law of the Don State Technical University.
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Hilgert, Raymond L. Cases in collective bargaining & industrial relations: A decisional approach. 9a ed. Boston, Mass: Irwin/McGraw Hill, 1999.
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4
Hilgert, Raymond L. Cases in collective bargaining & industrial relations: A decisional approach. 8a ed. Chicago: Irwin, 1996.
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Hilgert, Raymond L. Cases in collective bargaining & industrial relations: A decisional approach. Boston: McGraw-Hill/Irwin, 2003.
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Hilgert, Raymond L. Cases in collective bargaining and industrial relations: A decisional approach. 7a ed. Homewood, IL: Irwin, 1993.
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L, Hilgert Raymond, a cura di. Cases in collective bargaining & industrial relations: A decisional approach. Boston: McGraw-Hill/Irwin, 2007.
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"Discovery" in legal decision-making. Dordrecht: Kluwer Academic Publishers, 1996.
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Akpotaire, Vincent. Privatisation and deregulation of the downstream sector of the oil and gas sector: Challenges for labour. Benin City: Faculty of Law, University of Benin, 2004.
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Legal issues in marketing decision making. Cincinnati, Ohio: South-Western College Pub., 1995.
Cerca il testo completoCapitoli di libri sul tema "Legal decision on labor law"
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Isaakyan, Irina, e Anna Triandafyllidou. "“Enchanted with Europe”: Family Migration and European Law on Labour-Market Integration". In IMISCOE Research Series, 95–113. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-67284-3_5.
Testo completoAbstract (sommario):
AbstractThis chapter explores the European legal platform for alleviating the main barriers in the labor market integration of dependent family migrants in the EU. Namely, the chapter looks at the work of the European Court of Justice (ECJ) in relation to cases that involve recognition of professional qualifications and establishment of residence status. The study looks at how family reunification provisions, EU citizen status and in particular provisions for EU citizens and their family members when they move to another Member State, affect indirectly the status situation of third country nationals and their labour market integration by facilitating or hampering the recognition of their skills. This chapter is based on desk research, notably literature review (including published reports from the SIRIUS research) and analysis of legislative documents (EU Directives and ECJ case-law). We specifically look at the ECJ case-law on status and recognition and at related Directives involving family migrants. We study conditions under which the ECJ makes a decision in favour of the migrant-plaintiff. The discussion of our findings shows a complex interplay between family migration, gender bias and European law.
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Erisheva, Aizhan. "Gender Equality and International Human Rights Law in Kyrgyzstan". In Human Rights Dissemination in Central Asia, 115–27. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-27972-0_9.
Testo completoAbstract (sommario):
AbstractGender inequality is one of the main socioeconomic and transformation issues for women in Central Asia due to the inherited patriarchal culture, the low prioritization of the problem at the country level, and the poor representation of women in decision-making processes. In the case of Kyrgyzstan, in the last couple of years, the news headlines have been filled with sad stories of women suffering from domestic and gender-based violence and discrimination. It appears that women’s rights and interests are not protected, monitored, or part of the state’s agenda. What is surprising, however, is that Kyrgyzstan was the pioneer in the region when it came to adopting laws that promote human rights. Kyrgyzstan ratified the following international human rights treaties to protect women’s rights: the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1997, the International Covenant on Civil and Political Rights (ICCPR) in 1994, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) in 1997, the Forced Labour Convention and the Equal Remuneration Convention, both ratified in 1992, the Abolition of Forced Labour Convention in 1999, the Discrimination (Employment and Occupation) Convention and Employment Policy Convention, both ratified in 1992, and many other human rights treaties. In Kyrgyzstan, women are de facto not able to fully participate in the labor market, and do not have social protection or equal remuneration. In addition, they bear the burden of an unequal division of household chores, have limited access to sexual and reproductive health and rights, and suffer from gender-based and domestic violence. The main factors contributing to this situation are inherited patriarchal culture and norms, the socioeconomic situation in the country, limited access to justice, legally undefined terms that have resulted in a discriminatory legal framework, and no government will make the laws and treaties enforceable.
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Bauman, Richard W. "Labor Law". In Critical Legal Studies, 101–11. New York: Routledge, 2021. http://dx.doi.org/10.4324/9780429044793-13.
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Ouchi, Shinya, e Kazufumi Yugami. "Determining the Desirable Rules for the Labor Market: Labor Law". In Econo-Legal Studies, 101–19. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-5145-8_5.
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Kahn, Paul W. "Decision and Legal Interpretation". In The Political Dimension of Constitutional Law, 53–71. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-38459-3_4.
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Sanders, Andrew, e Danielle Griffiths. "Following the Law or Using the Law? Decision-Making in Medical Manslaughter". In Exploring the ‘Legal’ in Socio-Legal Studies, 225–44. London: Palgrave Macmillan UK, 2016. http://dx.doi.org/10.1007/978-1-137-34437-3_11.
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Anderson, Bruce. "Investigating The Analogy Between Science and Law". In “Discovery” in Legal Decision-Making, 37–60. Dordrecht: Springer Netherlands, 1996. http://dx.doi.org/10.1007/978-94-017-0554-7_2.
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Arena, Federico José. "The Pragmatics of Stereotypes in Legal Decision-Making". In Pragmatics and Law, 379–99. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-44601-1_15.
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Scurich, Nicholas. "Structured Risk Assessment and Legal Decision-Making". In Advances in Psychology and Law, 159–83. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-29406-3_5.
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Meynen, Gerben. "Competent and Compromised Decision-Making". In Legal Insanity: Explorations in Psychiatry, Law, and Ethics, 87–114. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-44721-6_5.
Testo completoAtti di convegni sul tema "Legal decision on labor law"
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Torres, Klícia da Silva. "Labor law: Challenges and perspectives on socioeconomic and cultural dynamics in urban and rural environments". In V Seven International Multidisciplinary Congress. Seven Congress, 2024. http://dx.doi.org/10.56238/sevenvmulti2024-112.
Testo completoAbstract (sommario):
Labor law faces complex challenges given the different socioeconomic and cultural dynamics present in urban and rural environments. With increasing urbanization and transformations in the labor market, it is essential to understand and address these differences to ensure the protection of workers' rights in both contexts. This study aims to analyze the challenges and perspectives of labor law in the face of socioeconomic and cultural dynamics in urban and rural environments. The aim is to identify the main legal issues faced, as well as to propose possible solutions to promote greater equity and social justice in the labor market. The research was conducted through a literature review and comparative analysis of labor legislation applicable to urban and rural environments. Relevant socioeconomic studies and reports were considered, as well as jurisprudence and judicial decisions related to the topics covered. The results reveal a series of challenges faced, such as wage disparities between urban and rural workers, precarious working conditions in agricultural areas and the impacts of technology and automation on urban jobs. The discussion highlights the need for more comprehensive public policies and labor legislation that is sensitive to the particularities of each context, aiming to guarantee the protection and rights of workers in all sectors and regions. Given the different socioeconomic and cultural dynamics present in urban and rural environments, it is concluded that a flexible and contextualized approach to labor law is essential. A joint effort by governments, companies and civil society is needed to face existing challenges and promote greater equality and justice in the labor market, regardless of the location or sector of activity. There is still much to be explored and investigated in the context of the proposed theme. Therefore, we consider this work as a starting point for more in-depth and comprehensive future investigations.
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Banacu (Romaniuc), Ruxandra. "THE ROLE OF THE JUDGE IN SOLVING LABOUR AND SOCIAL SECURITY DISPUTES". In 10th SWS International Scientific Conferences on SOCIAL SCIENCES - ISCSS 2023. SGEM WORLD SCIENCE, 2023. http://dx.doi.org/10.35603/sws.iscss.2023/s02.10.
Testo completoAbstract (sommario):
Starting from the role of the feudal judges in the distribution of justice in Wallachia and Moldova, briefly reviewing the evolution of the legislative codification of their mission in the resolution of disputes brought before the courts, this paper analysis through the method of historical and comparative research, the orientation of the Romanian legislator towards the expansion of the freedom of the judge in finding out the truth and avoiding any judicial error. Without any doubt, it`s main task is to correctly identify the facts on which he has to rule, to apply and interpret the law and render a thorough and legal decision in accordance with the general principles contained in the Code of Civil Procedure and special laws, despite the section of law in which he is called to do justice. The main question which arises is, when solving labour and social security disputes, the judge also needs to embrace a conciliatory role? Using the qualitative methodology approach and the personal experience as a judge we will highlight that judges are ment to act like a balance between the power of the employer and employee when invested with labour disputes. Examining the jurisprudence in this matter of law, in the context of a significant increase in the number of labour disputes registered before the courts in Romania, specifically the ones that imply collective and individual dismissals, the role of the judge must be an active and positive one, oriented towards the protection of social rights and ensuring an equilibrium between the two sides of the employment contract.
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Salikova, Natalya Mikhailovna, e Elena Maratovna Batukhtina. "Problems of Legal Regulation of Distance and/or Remote Labor: Pandemic Testing". In XIV European-Asian Congress "The value of law" (EAC-LAW 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201205.059.
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Petrova, Daniela. "LEGAL ASPECTS OF DIGITAL INNOVATION IN THE FIELD OF LABOR LAW". In EDUCATION, SCIENCE AND DIGITAL INNOVATIONS 2021. Varna Free University "Chernorizets Hrabar", 2022. http://dx.doi.org/10.36997/esdi2021.93.
Testo completoAbstract (sommario):
The aim of the author in this publication is to present the legal aspects of digital innovations in the field of labor law. The development has an interdisciplinary nature with a scope of labor law, information technology and economics. Innovations in the modern digital society applicable in labor law.
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Han, Bo. "Legal Analysis of Labor-management Conflicts in Labor-intensive Enterprises: An Empirical Study on Shandong Province". In 3rd International Conference on Economics, Management, Law and Education (EMLE 2017). Paris, France: Atlantis Press, 2017. http://dx.doi.org/10.2991/emle-17.2017.119.
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Zhao, Qingdong. "Labor Law Course Practice Teaching in the Mode of Legal Clinic Aid". In 2015 1st International Conference on Information Technologies in Education and Learning (ICMII 2015). Paris, France: Atlantis Press, 2016. http://dx.doi.org/10.2991/icitel-15.2016.31.
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Saefullah, Mr, e Faisal Santiago. "Legal Protection of Mining Workers from The Perspective of Mining and Labor Law". In 2018 International Conference on Energy and Mining Law (ICEML 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iceml-18.2018.66.
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Xia, Longyang. "A Study On The Legal Methodologies of International Law——Especially From The Aspect of International Labor Law". In International Conference on Education, Management and Computing Technology (ICEMCT-15). Paris, France: Atlantis Press, 2015. http://dx.doi.org/10.2991/icemct-15.2015.32.
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Александрова, Анна, e Anna Aleksandrova. "The rights of persons with family responsibilities in the labor legislation of foreign countries". In International legal aspects of family law and protection of children's rights. Москва: INFRA-M Academic Publishing LLC., 2018. http://dx.doi.org/10.12737/2968-328-336.
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Sheverdina, V. I. "Directions of optimization of legal regulation of labor relations in conditions of martial law". In DEVELOPMENT TRENDS IN LEGAL SCIENCE AND EDUCATION OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION. Baltija Publishing, 2023. http://dx.doi.org/10.30525/978-9934-26-372-9-26.
Testo completoRapporti di organizzazioni sul tema "Legal decision on labor law"
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Lakdawala, Leah K., Diana Martínez Heredia e Diego A. Vera-Cossio. The Impact of Expanding Worker Rights to Informal Workers Evidence from Child Labor Legislation. Inter-American Development Bank, gennaio 2023. http://dx.doi.org/10.18235/0004689.
Testo completoAbstract (sommario):
We study the effects of a Bolivian law that introduced benefits and protections for child workers (who are overwhelmingly informal workers) and lowered the de facto legal working age from 14 to 10. We employ a difference-in-discontinuity approach that exploits the variation in the laws application to different age groups. Work decreased for children under 14, whose work was newly legalized and regulated under the law, particularly in areas with a higher threat of inspections. The effects appear to be driven by a reduction in the most visible forms of child work, suggesting that firms may have reduced employment of young children to minimize the risk of being inspected. In contrast, we nd that more formal channels of adjustments - such as increased costs of hiring due to the costs of complying with the new law - are unlikely to explain the overall decline in the work of young children.
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Klaus Jr, Claudio A., Carla Piffer e Levi Hülse. Center for Legal Practices as Instruments for Access to Justice in Southern Brazil. Association Inter-University Centre Dubrovnik, aprile 2023. http://dx.doi.org/10.53099/ntkd4310.
Testo completoAbstract (sommario):
The Center of Legal Practices is intended to guarantee law students a field of experience and knowledge that constitutes possibilities for the articulation of theory and practice, in order to develop skills, habits, and attitudes relevant and necessary for the acquisition of professional skills. On the theoretical side, it seeks to give opportunities for law school students, both UNIARP and University Center of Brusque Center of Legal Practices to work in simulated civil, criminal, and labor practice, in order to develop the skills and knowledge necessary for the performance of various legal branches in the practice of law. On the practical side, currently, the NPJ handles lawsuits involving the most diverse civil areas. The mission of these centers is to increase access to justice, assist in the dejudicialization process, and through its conciliation projects, seek the resolution of conflicts through alternative resolution methods. In this way, the Centers for Legal practice do not only have value as an instrument for training future lawyers, but have a societal function as well, in particular, to make legal counsel more accessible.
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Bravo, David, Sergio Urzúa e Claudia Sanhueza. Is There Labor Market Discrimination among Professionals in Chile?: Lawyers, Doctors and Businesspeople. Inter-American Development Bank, maggio 2008. http://dx.doi.org/10.18235/0011271.
Testo completoAbstract (sommario):
This paper analyzes gender differences in three Chilean professional labor markets, business, law and medicine, utilizing a new and rich data set collected for this purpose. The results show that differences in wages attributed to gender are only present in the legal profession. In business/economics, a vector of current family condition eliminates the gender effect and in Medicine, taking into account hours worked, size of firm and region also eliminates gender differences. The paper further shows that individuals' perceived locus of control (internal or external) is relevant in explaining the distribution of earnings.
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Breton, Laurence, e Margo Hilbrecht. The Rights of Common-Law Partners in Canada. The Vanier Institute of the Family, novembre 2023. http://dx.doi.org/10.61959/t210318a.
Testo completoAbstract (sommario):
This report provides an in-depth look at the legal landscape surrounding common-law partnerships in Canada. The recognition and rights afforded to people in common-law relationships depend primarily upon the provincial or territorial jurisdiction. An array of scenarios such as health care decisions, property division upon separation, spousal support claims, inheritance rights, and special considerations for couples living on reserve contribute to the intricate tapestry of legal rights in these relationships. A closer look at the provincial and territorial processes of establishing health care decision-making authority emphasizes that certain jurisdictions do not automatically recognize common-law partners to the same extent as married ones. Moreover, property division rights are absent in several jurisdictions following separation, amounting to different treatment of common-law and married couples. Interestingly, the availability of spousal support post-separation, as well as the guidelines followed by the judges allocating them, are shared by most jurisdictions, with the exception of Quebec. Intestate (without a will) inheritance rights vary considerably, with some regions excluding common-law partners from automatic inheritance. A notable exception arises for couples living under the jurisdiction of the Family Homes on Reserves and Matrimonial Interests or Rights Act (FHRMIRA), highlighting the interactions of federal and regional laws. After highlighting how the rights of common-law partners differ across Canada, this report concludes by raising some of the important dimensions of the current debates on safeguarding the rights of common-law couples.
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Ashley, Caitlyn, Elizabeth Spencer Berthiaume, Philip Berzin, Rikki Blassingame, Stephanie Bradley Fryer, John Cox, E. Samuel Crecelius et al. Law and Policy Resource Guide: A Survey of Eminent Domain Law in Texas and the Nation. A cura di Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, 2017. http://dx.doi.org/10.37419/eenrs.eminentdomainguide.
Testo completoAbstract (sommario):
Eminent Domain is the power of the government or quasi-government entities to take private or public property interests through condemnation. Eminent Domain has been a significant issue since 1879 when, in the case of Boom Company v. Patterson, the Supreme Court first acknowledged that the power of eminent domain may be delegated by state legislatures to agencies and non-governmental entities. Thus, the era of legal takings began. Though an important legal dispute then, more recently eminent domain has blossomed into an enduring contentious social and political problem throughout the United States. The Fifth Amendment to the United States Constitution states, “nor shall private property be taken for public use, without just compensation.” Thus, in the wake of the now infamous decision in Kelo v. City of New London, where the Court upheld the taking of private property for purely economic benefit as a “public use,” the requirement of “just compensation” stands as the primary defender of constitutionally protected liberty under the federal constitution. In response to Kelo, many state legislatures passed a variety of eminent domain reforms specifically tailoring what qualifies as a public use and how just compensation should be calculated. Texas landowners recognize that the state’s population is growing at a rapid pace. There is an increasing need for more land and resources such as energy and transportation. But, private property rights are equally important, especially in Texas, and must be protected as well. Eminent domain and the condemnation process is not a willing buyer and willing seller transition; it is a legally forced sale. Therefore, it is necessary to consider further improvements to the laws that govern the use of eminent domain so Texas landowners can have more assurance that this process is fair and respectful of their private property rights when they are forced to relinquish their land. This report compiles statutes and information from the other forty-nine states to illustrate how they address key eminent domain issues. Further, this report endeavors to provide a neutral third voice in Texas to strike a more appropriate balance between individual’s property rights and the need for increased economic development. This report breaks down eminent domain into seven major topics that, in addition to Texas, seemed to be similar in many of the other states. These categories are: (1) Awarding of Attorneys’ Fee; (2) Compensation and Valuation; (3) Procedure Prior to Suit; (4) Condemnation Procedure; (5) What Cannot be Condemned; (6) Public Use & Authority to Condemn; and (7) Abandonment. In analyzing these seven categories, this report does not seek to advance a particular interest but only to provide information on how Texas law differs from other states. This report lays out trends seen across other states that are either similar or dissimilar to Texas, and additionally, discusses interesting and unique laws employed by other states that may be of interest to Texas policy makers. Our research found three dominant categories which tend to be major issues across the country: (1) the awarding of attorneys’ fees; (2) the valuation and measurement of just compensation; and (3) procedure prior to suit.
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Wittberg, Sara. Standardisering för individuell prövning: En kartläggning av kommunala riktlinjer för bistånd till äldreomsorg – funktion och inverkan. Linköping University Electronic Press, agosto 2023. http://dx.doi.org/10.3384/9789180752886.
Testo completoAbstract (sommario):
Cutbacks and austerity measures were in 2019 estimated in a quarter of the Swedish municipalities because of financial deficit. Due to the urbanization the conditions of the municipalities vary, creating different challenges and possibilities to provide for the necessary welfare service such as elder care. Despite a growing population of older people, previous research shows a decline in residential homes since 1980 as well as a decrease in caretakers receiving home help services. According to an inspection of the Health and Social Care Inspectorate (Inspektionen för vård och omsorg) local policy guidelines, for elder care assessment, are being used to reduce the dissimilarities in decision-making within the municipalities and to control the financial costs by adapting criteria and care limits for the needs assessment. Criticism has, by the Swedish Ombudsman, been directed towards the use of municipal guidelines for not complying with the law and case-law. Despite previous research indicating the usage of municipal guidelines in the needs assessment and decision-making process, municipal guidelines are still a relatively unexplored field. The aim of this thesis is therefore to understand the role of municipal guidelines, for elder care assessment, with regard to the law and the application of the law as well as the role municipal guidelines play according to politicians. In order to achieve this, the following has been examined: 1) the spread and content of the municipal guidelines, 2) the creation and political motives for establishing the guidelines and 3) how the care managers view their impact on the decision-making process. The methods used are semi-structured interviews, a survey, and a documentation review. The result shows that municipal guidelines are politically established, that they are widely spread and can be found in 274 out of 290 Swedish municipalities. According to the survey the guidelines contain guidance of law, case-law, and the like, as well as criteria and limits for the needs assessment and decision-making of elder care service. The result indicates that the local guidelines compensate for the ambiguity of the Social Services Act (Socialtjänstlagen 2001:453) by reinstating bureaucracy. By limiting the discretion, the guidelines aim to compensate for the lack of competence as well as create certainty and enable political responsibility for the usage of municipal resources as well as accountability between politicians, care managers and citizens. By standardizing, the aim is to achieve equality and legal certainty despite risking the fundamental intentions of the Social Service Act as a framework law designed for individual needs assessment. This study highlights the need to invest necessary resources into creating guidelines in order to make them more accessible, lawful and ensure legal certainty. The conditions, however, vary noteworthy between the municipalities. As a solution, the National Board of Health and Welfare, or some other authority, could be held responsible for developing national guidelines – regularly up to date and based on current law and case-law. In summary, this study shows that municipal guidelines have a widespread impact on the decision-making of care managers. The municipal guidelines thereby have a central role in the application of the law with a noteworthy potential impact on individuals and the help warranted to older people as a consequence.
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Lewis, Dustin, Naz Modirzadeh e Gabriella Blum. War-Algorithm Accountability. Harvard Law School Program on International Law and Armed Conflict, agosto 2016. http://dx.doi.org/10.54813/fltl8789.
Testo completoAbstract (sommario):
In War-Algorithm Accountability (August 2016), we introduce a new concept—war algorithms—that elevates algorithmically-derived “choices” and “decisions” to a, and perhaps the, central concern regarding technical autonomy in war. We thereby aim to shed light on and recast the discussion regarding “autonomous weapon systems” (AWS). We define “war algorithm” as any algorithm that is expressed in computer code, that is effectuated through a constructed system, and that is capable of operating in relation to armed conflict. In introducing this concept, our foundational technological concern is the capability of a constructed system, without further human intervention, to help make and effectuate a “decision” or “choice” of a war algorithm. Distilled, the two core ingredients are an algorithm expressed in computer code and a suitably capable constructed system. Through that lens, we link international law and related accountability architectures to relevant technologies. We sketch a three-part (non-exhaustive) approach that highlights traditional and unconventional accountability avenues. We focus largely on international law because it is the only normative regime that purports—in key respects but with important caveats—to be both universal and uniform. In this way, international law is different from the myriad domestic legal systems, administrative rules, or industry codes that govern the development and use of technology in all other spheres. By not limiting our inquiry only to weapon systems, we take an expansive view, showing how the broad concept of war algorithms might be susceptible to regulation—and how those algorithms might already fit within the existing regulatory system established by international law.
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Goto, Junichi. The Migrant Workers in Japan from Latin America and Asia: Causes and Consequences. Inter-American Development Bank, marzo 2000. http://dx.doi.org/10.18235/0010753.
Testo completoAbstract (sommario):
The world has been increasingly interconnected both economically and politically ever since the end of the World War II. In addition to the increase in the movement of goods (international trade) and the movement of money (foreign investment), we have observed increased amount of movement of labor (international migration) in various parts of the world. For example, European countries, notably Germany and France, have accepted a large number of migrant workers from neighboring countries for many years. In the United States, huge number of migrant workers, both legal and illegal, have been flowing from various countries in Latin America and the Caribbean. While Japan had been a fairly closed country to foreigners for many years, the influx of migrant workers emerged in the mid-1980s when an economic boom brought about serious labor shortage created an economic boom. Initially, most of these foreign workers are illegal migrant workers from neighboring Asian countries. However, since the revision of the Japanese immigration law in 1990, there has been a dramatic influx of the Latin American of Japanese origin (Nikkei) because these people are now allowed to do whatever activities in Japan, including an unskilled work that is prohibited to foreigners in principle. The number of these Latin American migrants is estimated to be around 150,000 to 200,000. This paper analyzes the recent experiences in the economic and social impact of international migration from Latin America and Asia in Japan.
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Monetary Policy Report - January 2022. Banco de la República, marzo 2022. http://dx.doi.org/10.32468/inf-pol-mont-eng.tr1-2022.
Testo completoAbstract (sommario):
Macroeconomic summary Several factors contributed to an increase in projected inflation on the forecast horizon, keeping it above the target rate. These included inflation in December that surpassed expectations (5.62%), indexation to higher inflation rates for various baskets in the consumer price index (CPI), a significant real increase in the legal minimum wage, persistent external and domestic inflationary supply shocks, and heightened exchange rate pressures. The CPI for foods was affected by the persistence of external and domestic supply shocks and was the most significant contributor to unexpectedly high inflation in the fourth quarter. Price adjustments for fuels and certain utilities can explain the acceleration in inflation for regulated items, which was more significant than anticipated. Prices in the CPI for goods excluding food and regulated items also rose more than expected. This was partly due to a smaller effect on prices from the national government’s VAT-free day than anticipated by the technical staff and more persistent external pressures, including via peso depreciation. By contrast, the CPI for services excluding food and regulated items accelerated less than expected, partly reflecting strong competition in the communications sector. This was the only major CPI basket for which prices increased below the target inflation rate. The technical staff revised its inflation forecast upward in response to certain external shocks (prices, costs, and depreciation) and domestic shocks (e.g., on meat products) that were stronger and more persistent than anticipated in the previous report. Observed inflation and a real increase in the legal minimum wage also exceeded expectations, which would boost inflation by affecting price indexation, labor costs, and inflation expectations. The technical staff now expects year-end headline inflation of 4.3% in 2022 and 3.4% in 2023; core inflation is projected to be 4.5% and 3.6%, respectively. These forecasts consider the lapse of certain price relief measures associated with the COVID-19 health emergency, which would contribute to temporarily keeping inflation above the target on the forecast horizon. It is important to note that these estimates continue to contain a significant degree of uncertainty, mainly related to the development of external and domestic supply shocks and their ultimate effects on prices. Other contributing factors include high price volatility and measurement uncertainty related to the extension of Colombia’s health emergency and tax relief measures (such as the VAT-free days) associated with the Social Investment Law (Ley de Inversión Social). The as-yet uncertain magnitude of the effects of a recent real increase in the legal minimum wage (that was high by historical standards) and high observed and expected inflation, are additional factors weighing on the overall uncertainty of the estimates in this report. The size of excess productive capacity remaining in the economy and the degree to which it is closing are also uncertain, as the evolution of the pandemic continues to represent a significant forecast risk. margin, could be less dynamic than expected. And the normalization of monetary policy in the United States could come more quickly than projected in this report, which could negatively affect international financing costs. Finally, there remains a significant degree of uncertainty related to the duration of supply chocks and the degree to which macroeconomic and political conditions could negatively affect the recovery in investment. The technical staff revised its GDP growth projection for 2022 from 4.7% to 4.3% (Graph 1.3). This revision accounts for the likelihood that a larger portion of the recent positive dynamic in private consumption would be transitory than previously expected. This estimate also contemplates less dynamic investment behavior than forecast in the previous report amid less favorable financial conditions and a highly uncertain investment environment. Third-quarter GDP growth (12.9%), which was similar to projections from the October report, and the fourth-quarter growth forecast (8.7%) reflect a positive consumption trend, which has been revised upward. This dynamic has been driven by both public and private spending. Investment growth, meanwhile, has been weaker than forecast. Available fourth-quarter data suggest that consumption spending for the period would have exceeded estimates from October, thanks to three consecutive months that included VAT-free days, a relatively low COVID-19 caseload, and mobility indicators similar to their pre-pandemic levels. By contrast, the most recently available figures on new housing developments and machinery and equipment imports suggest that investment, while continuing to rise, is growing at a slower rate than anticipated in the previous report. The trade deficit is expected to have widened, as imports would have grown at a high level and outpaced exports. Given the above, the technical staff now expects fourth-quarter economic growth of 8.7%, with overall growth for 2021 of 9.9%. Several factors should continue to contribute to output recovery in 2022, though some of these may be less significant than previously forecast. International financial conditions are expected to be less favorable, though external demand should continue to recover and terms of trade continue to increase amid higher projected oil prices. Lower unemployment rates and subsequent positive effects on household income, despite increased inflation, would also boost output recovery, as would progress in the national vaccination campaign. The technical staff expects that the conditions that have favored recent high levels of consumption would be, in large part, transitory. Consumption spending is expected to grow at a slower rate in 2022. Gross fixed capital formation (GFCF) would continue to recover, approaching its pre-pandemic level, though at a slower rate than anticipated in the previous report. This would be due to lower observed GFCF levels and the potential impact of political and fiscal uncertainty. Meanwhile, the policy interest rate would be less expansionary as the process of monetary policy normalization continues. Given the above, growth in 2022 is forecast to decelerate to 4.3% (previously 4.7%). In 2023, that figure (3.1%) is projected to converge to levels closer to the potential growth rate. In this case, excess productive capacity would be expected to tighten at a similar rate as projected in the previous report. The trade deficit would tighten more than previously projected on the forecast horizon, due to expectations of an improved export dynamic and moderation in imports. The growth forecast for 2022 considers a low basis of comparison from the first half of 2021. However, there remain significant downside risks to this forecast. The current projection does not, for example, account for any additional effects on economic activity resulting from further waves of COVID-19. High private consumption levels, which have already surpassed pre-pandemic levels by a large margin, could be less dynamic than expected. And the normalization of monetary policy in the United States could come more quickly than projected in this report, which could negatively affect international financing costs. Finally, there remains a significant degree of uncertainty related to the duration of supply chocks and the degree to which macroeconomic and political conditions could negatively affect the recovery in investment. External demand for Colombian goods and services should continue to recover amid significant global inflation pressures, high oil prices, and less favorable international financial conditions than those estimated in October. Economic activity among Colombia’s major trade partners recovered in 2021 amid countries reopening and ample international liquidity. However, that growth has been somewhat restricted by global supply chain disruptions and new outbreaks of COVID-19. The technical staff has revised its growth forecast for Colombia’s main trade partners from 6.3% to 6.9% for 2021, and from 3.4% to 3.3% for 2022; trade partner economies are expected to grow 2.6% in 2023. Colombia’s annual terms of trade increased in 2021, largely on higher oil, coffee, and coal prices. This improvement came despite increased prices for goods and services imports. The expected oil price trajectory has been revised upward, partly to supply restrictions and lagging investment in the sector that would offset reduced growth forecasts in some major economies. Elevated freight and raw materials costs and supply chain disruptions continue to affect global goods production, and have led to increases in global prices. Coupled with the recovery in global demand, this has put upward pressure on external inflation. Several emerging market economies have continued to normalize monetary policy in this context. Meanwhile, in the United States, the Federal Reserve has anticipated an end to its asset buying program. U.S. inflation in December (7.0%) was again surprisingly high and market average inflation forecasts for 2022 have increased. The Fed is expected to increase its policy rate during the first quarter of 2022, with quarterly increases anticipated over the rest of the year. For its part, Colombia’s sovereign risk premium has increased and is forecast to remain on a higher path, to levels above the 15-year-average, on the forecast horizon. This would be partly due to the effects of a less expansionary monetary policy in the United States and the accumulation of macroeconomic imbalances in Colombia. Given the above, international financial conditions are projected to be less favorable than anticipated in the October report. The increase in Colombia’s external financing costs could be more significant if upward pressures on inflation in the United States persist and monetary policy is normalized more quickly than contemplated in this report. As detailed in Section 2.3, uncertainty surrounding international financial conditions continues to be unusually high. Along with other considerations, recent concerns over the potential effects of new COVID-19 variants, the persistence of global supply chain disruptions, energy crises in certain countries, growing geopolitical tensions, and a more significant deceleration in China are all factors underlying this uncertainty. The changing macroeconomic environment toward greater inflation and unanchoring risks on inflation expectations imply a reduction in the space available for monetary policy stimulus. Recovery in domestic demand and a reduction in excess productive capacity have come in line with the technical staff’s expectations from the October report. Some upside risks to inflation have materialized, while medium-term inflation expectations have increased and are above the 3% target. Monetary policy remains expansionary. Significant global inflationary pressures and the unexpected increase in the CPI in December point to more persistent effects from recent supply shocks. Core inflation is trending upward, but remains below the 3% target. Headline and core inflation projections have increased on the forecast horizon and are above the target rate through the end of 2023. Meanwhile, the expected dynamism of domestic demand would be in line with low levels of excess productive capacity. An accumulation of macroeconomic imbalances in Colombia and the increased likelihood of a faster normalization of monetary policy in the United States would put upward pressure on sovereign risk perceptions in a more persistent manner, with implications for the exchange rate and the natural rate of interest. Persistent disruptions to international supply chains, a high real increase in the legal minimum wage, and the indexation of various baskets in the CPI to higher inflation rates could affect price expectations and push inflation above the target more persistently. These factors suggest that the space to maintain monetary stimulus has continued to diminish, though monetary policy remains expansionary. 1.2 Monetary policy decision Banco de la República’s board of directors (BDBR) in its meetings in December 2021 and January 2022 voted to continue normalizing monetary policy. The BDBR voted by a majority in these two meetings to increase the benchmark interest rate by 50 and 100 basis points, respectively, bringing the policy rate to 4.0%.