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1

Markin, A., and L. Timchenko. "Legal status and labor legal entity in the science of labor law." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 185–88. http://dx.doi.org/10.24144/2307-3322.2021.64.75.

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Анотація:
The article is de-voted to the category of legal status and labor legal personality in the science of labor law, represents the ratio of the terms “person” and “personality”. Legal personality is a fundamental legal category because it determines the ability of a person to own the law. Legal personality is a developing legal property that reflects the specifics of social relations, the peculiarities of socio-economic formation, determine the place of the individual in society as a whole, and the field of a particular branch of law in particular. The realities of a market economy objectively necessitate a clear definition of legal personality as a fundamental legal category in the field of labor law to ensure the priority of contractual regulation of legal relations on the use of hired labor and, at the same time, effective implementation of the protective function of labor law. The author singles out three types of legal status: general (single) legal status for all citizens of our state; general status for all employees (employees); special or special status for certain categories of workers.Legal status is one of the central concepts of modern legal science, it was developed by many scholars of both the Soviet and modern periods. The author substantiates that the key elements of the legal status of the employee in labor relations are his legal personality. Particular attention is paid to the structure of the legal personality of the employee. It is proved that the legal capacity and capacity of the employee are the only indivisible phenomenon - legal personality. Substantiations are presented that the second necessary element of the legal personality of the employee is the ability to work. The current legal and legal status of the individual in almost the entire post-Soviet space is characterized by such features as extreme instability, weak legal protection, lack of reliable guarantee mechanisms, the inability of state authorities to effectively ensure the interests of citizens, their right to life, freedom, honor, dignity, property, security, equality, social justice and more.
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2

Markin, A. O., and L. M. Timchenko. "Legal status and labor legal entity in the science of labor law." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 176–79. http://dx.doi.org/10.24144/2307-3322.2021.65.32.

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Анотація:
The article is devoted to the category of legal status and labor legal personality in the science of labor law, represents the ratio of the terms “person” and “personality”. Legal personality is a fundamental legal category because it determines the ability of a person to own the law. Legal personality is a developing legal property that reflects the specifics of social relations, the peculiarities of socio-economic formation, determine the place of the individual in society as a whole, and the field of a particular branch of law in particular. The realities of a market economy objectively necessitate a clear definition of legal personality as a fundamental legal category in the field of labor law to ensure the priority of contractual regulation of legal relations on the use of hired labor and, at the same time, effective implementation of the protective function of labor law. The author singles out three types of legal status: general (single) legal status for all citizens of our state; general status for all employees (employees); special or special status for certain categories of workers.Legal status is one of the central concepts of modern legal science, it was developed by many scholars of both the Soviet and modern periods. The author substantiates that the key elements of the legal status of the employee in labor relations are his legal personality. Particular attention is paid to the structure of the legal personality of the employee. It is proved that the legal capacity and capacity of the employee are the only indivisible phenomenon - legal personality. Substantiations are presented that the second necessary element of the legal personality of the employee is the ability to work. The current legal and legal status of the individual in almost the entire post-Soviet space is characterized by such features as extreme instability, weak legal protection, lack of reliable guarantee mechanisms, the inability of state authorities to effectively ensure the interests of citizens, their right to life, freedom, honor, dignity, property, security, equality, social justice and more.
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3

한권탁. "Legal systematic status of the Labor Standards Act." Journal of hongik law review 18, no. 3 (September 2017): 365–89. http://dx.doi.org/10.16960/jhlr.18.3.201709.365.

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4

Blok, Nataliia. "Legal status of labor migrants: concept, content, legislation." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 8, no. 31 (September 23, 2021): 137–43. http://dx.doi.org/10.23939/law2021.31.137.

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5

Rozhkova, A. Yu. "LEGAL STATUS OF AN EMPLOYEE: DIGITAL PROFILE AND DIGITAL INCOME." Law Нerald of Dagestan State University 38, no. 2 (2021): 99–107. http://dx.doi.org/10.21779/2224-0241-2021-38-2-99-107.

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Анотація:
The article is devoted with the provisions on the transformation of the legal status of the employee by virtue of the introduction of legislative norms into labor legislation to develop an adaptive (remote) form of employment within the framework of the national project "Human Resources for the Digital Economy" in the context of the technological transition to digital tools. On the basis of legal analysis, new signs of employee legal status have been identified by the emergence of digital profiles, smart contracts, digital rights, digital revenues in remote labor and legislative recognition of electronic database systems as platform solutions for the development of digital legal relations. Risks and perspectives are indicated on the basis of foreign experience about the formation of a self-regulated remote labor market. The results of the article will allow objective legal interpretation of the legal status of the employee for legal assessment and qualifications of labor relations, based on legal analysis, static and dialectical approaches, scientific continuity
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6

Solopov, Oleg Viktorovich. "Legal status of minors in the system of regulation of labor relations in modern Russia." Право и политика, no. 4 (April 2020): 70–88. http://dx.doi.org/10.7256/2454-0706.2020.4.31069.

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Анотація:
This article is dedicated to examination of the system of legal norms determining the legal status of minors in the process of regulation of labor relations in the Russian Federation. The goal consists in the analysis of content of the legal status of minor citizens within the system of regulation of labor relations. The work solves the following tasks: determination and analysis of the elements of legal status of minors within the system of regulation of labor relations; systematization of the norms of labor law, the effect of which is defined by ensuring guarantees of minors’ rights; identification of the problems of ensuring legal status of minors within the system of regulation of labor relations; formulation of recommendations on improving legislation in this regard; as well as designation of promising directions for research in this area. The novelty consists in expansion of the circle of labor law subjects, whose status depends on honoring guarantees of the citizens under 18 years of age. Comprehensive analysis is conducted on the norms of labor law that protect the rights of minors. The article highlights the relevant problems of legal regulation, namely: legal status of employees under 14 years old, their parents and underage employers; protection of rights of underage workers; legislative allocation of separate categories of underage workers; legal regulation of permit to work with minors. The author suggests introducing additional requirements for the workers under 14 years old, as well as persons authorized to work with minors.
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7

노호창. "Legal Status of Labor Providers and Legal Issues of its New Types." Ajou Law Review 11, no. 2 (August 2017): 213–39. http://dx.doi.org/10.21589/ajlaw.2017.11.2.213.

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8

Kreisberg, A. Nicole. "Starting Points: Divergent Trajectories of Labor Market Integration among U.S. Lawful Permanent Residents." Social Forces 98, no. 2 (February 15, 2019): 849–84. http://dx.doi.org/10.1093/sf/soy128.

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Анотація:
AbstractLegal status is a growing dimension of inequality among immigrants in the U.S. Scholars have suggested that the legal status with which immigrants enter the country stratifies their short- and long-term opportunities for labor market integration. However, much quantitative immigration scholarship modeling the relationship between legal status and labor market integration treats legal status as static. In reality, immigrants change statuses dynamically throughout their lives. This article uses a dynamic conceptualization of legal status, as well as nationally representative data and regression and propensity score weighting techniques, to examine whether five initial legal statuses are associated with divergent labor market trajectories even after those statuses change. I find that initial legal statuses—which I refer to as starting points—are associated with ordered differences in immigrants’ occupational positions immediately after immigrants change status to lawful permanent residence. These differences persist over time. Five years after all immigrants share lawful permanent residence, employment visa holders maintain more prestigious jobs; immigrants with family reunification and diversity status are in the middle; and immigrants with refugee status and undocumented experience have less prestigious jobs. This article demonstrates aggregate, longitudinal patterns of stratification among a nationally representative sample of permanent residents. The findings suggest the importance of modeling legal status as a dynamic rather than static category to reflect the continued influence of legal status starting points on immigrants’ labor market integration.
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9

Zaplitna, I. A., and Z. A. Verbitska. "LEGAL STATUS OF A MIGRANT LABOR: PROBLEMS OF PROTECTION." State and Regions. Series: Law, no. 3 (2021): 46–50. http://dx.doi.org/10.32840/1813-338x-2021.3.8.

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10

Krasuń, Aneta. "LEGAL STATUS OF THE MEDIATOR." Roczniki Administracji i Prawa specjalny II, no. XXI (December 30, 2021): 341–57. http://dx.doi.org/10.5604/01.3001.0015.6406.

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Анотація:
The purpose of this article is to analyze the legal status of the mediator in mediation proceedings, focusing primarily on mediators who have been appointed to handle cases in the field of labor law. In the presented publication, I will refer to the legal requirements with respect to the mediator, which are indicate d both in the provisions of law and in the provisions of statutory rank, and the requirements that are not of a normative nature.
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11

Checheliuk, O. Yu. "THE COMMISSION ON LABOR DISPUTES FUNCTIONING: CHALLENGES AND PROSPECTS." Actual problems of native jurisprudence 4, no. 4 (August 2021): 54–58. http://dx.doi.org/10.15421/392180.

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Анотація:
The article highlights the research issues of the legal status of the commission on labor disputes in terms of the current legislation of Ukraine. The author provides a general description of the commission on labor disputes, its features and functions, investigates the range of issues to be considered by such a commission, and describes the procedure for their consideration. Based on the general characteristics of the legal status of the commission on labor disputes, the author analyzes the challenges facing the commission in modern conditions. The main problems of the commission on labor disputes functioning include: the imperfection of the legal status of it, in particular, the powers of the commission on labor disputes; lack of a parity approach to the formation of the commission on labor disputes, taking into account both the interests of employees and the employer; the imperfection of the procedure for consideration of labor disputes; lack of a clearly defined procedure for appealing the decision of the commission on labor disputes and the liability for failure to establish a commission on labor disputes. Prospects for the commission on labor disputes further functioning as a pre-trial method of protection of labor rights of employees are suggested. The author substantiates the ways to improve the legislation governing the legal status and functioning of the commission on labor disputes. The main directions of improving this commission functioning are: increasing the efficiency of the commission activity, taking into account the interests of employees and employers; development of the commission on labor disputes as a pre-trial body, which must be formed on a parity basis, granting employees and the employer equal participation in resolving labor disputes; determination of the requirements for the commission members (level of education, work experience, specialization, etc.); introduction of a unified system in terms of which the commission on labor disputes could make legal decisions; defining liability for failure to create a commission on labor disputes. The author concludes that if the current legislation of Ukraine is reformed in part of the legal status and functions of the commissions on labor disputes, their activities will become more efficient in modern conditions, and this will promote resolving individual labor disputes and protecting labor rights more effectively.
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12

LETOVA, NATALIA. "FEATURES OF THE LEGAL STATUS OF A CHILD IN LABOR RELATIONS, PROTECTION OF LABOR RIGHTS OF MINORS AND THE LIMITS OF THEIR IMPLEMENTATION." Economic Problems and Legal Practice 17, no. 4 (August 28, 2021): 121–28. http://dx.doi.org/10.33693/2541-8025-2021-17-4-121-128.

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Анотація:
The article deals with the problems of determining the legal status of a child in the field of labor relations. The author came to the conclusion that the specifics of the legal status of children when concluding, changing and terminating an employment contract with an employer is of great theoretical importance and should be taken into account in the content of industry-specific norms. The author of the article proves that the relationship between the physiological characteristics of a child and the type of work he performs is important for protecting the labor rights of minors, identifies the main trends in the development of labor legislation in the field of labor protection for children, identifies the problems of legislative regulation of child labor in modern Russia. When writing the article, the following methods were used: synthesis, analysis, the method of comparative jurisprudence, etc. The practical significance of the work lies in the need to take into account the specifics of the legal status of the child in the field of labor relations, in the analysis of the legal regulation of the labor of this category of persons not only in Russia, but throughout the world, the problems of child labor in individual states are systematized and ways to solve them are proposed. As a result of the study, the author determined that the work of children differs in its regulation, scope of rights, a number of restrictions on their employment, in contrast to adult workers. In the modern period, the sphere of child labor requires special attention from the state and requires the adoption of appropriate decisions at the legislative level.
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13

Liang, Zai, and Bo Zhou. "The Effects of Legal Status on Employment and Health Outcomes among Low-Skilled Chinese Immigrants in New York City." ANNALS of the American Academy of Political and Social Science 666, no. 1 (June 14, 2016): 150–63. http://dx.doi.org/10.1177/0002716216650632.

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Анотація:
Using a 2004 survey done in New York City’s Chinese community, we explore the extent to which legal status affects immigrants’ labor market performance and health status. We focus on five issues related to legal status of immigrants: wages, weekly working hours, employment location, self-rated health, and health care utilization. Our results show that undocumented immigrants are more likely to work for exceptionally long hours and are less likely to see a doctor when they get sick. However, we also find that current legal status does not have a significant effect on current health status. This work contributes to a growing literature on how legal status is linked to labor market and health consequences.
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14

Shomirzayevich, Dusmurodov Obidjon. "STATUS OF EXTERNAL AND INTERNAL LABOR MIGRATION IN UZBEKISTAN." CURRENT RESEARCH JOURNAL OF HISTORY 02, no. 06 (June 30, 2021): 67–71. http://dx.doi.org/10.37547/history-crjh-02-06-15.

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Анотація:
In recent years, Uzbekistan has been paying serious attention to creating new jobs and ensuring the stability of existing jobs in order to increase employment and economic activity. The main focus is on reducing unemployment, ensuring the employment of graduates of educational institutions entering the labor market for the first time, increasing the employment of vulnerable groups, in particular, women, people with disabilities, convicts, victims of human trafficking, external migration and others. In this regard, the normative legal acts adopted in recent years define a number of important tasks facing the Ministry of Employment and Labor Relations of the Republic of Uzbekistan.
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15

Shomirzayevich, Dusmurodov Obidjon. "Status Of External And Internal Labor Migration In Uzbekistan." American Journal of Political Science Law and Criminology 03, no. 06 (June 12, 2021): 41–45. http://dx.doi.org/10.37547/tajpslc/volume03issue06-06.

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Анотація:
In recent years, Uzbekistan has been paying serious attention to creating new jobs and ensuring the stability of existing jobs in order to increase employment and economic activity. The main focus is on reducing unemployment, ensuring the employment of graduates of educational institutions entering the labor market for the first time, increasing the employment of vulnerable groups, in particular, women, people with disabilities, convicts, victims of human trafficking, external migration and others. In this regard, the normative legal acts adopted in recent years define a number of important tasks facing the Ministry of Employment and Labor Relations of the Republic of Uzbekistan.
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16

Flippen, Chenoa A. "Shadow Labor." ANNALS of the American Academy of Political and Social Science 666, no. 1 (June 14, 2016): 110–30. http://dx.doi.org/10.1177/0002716216644423.

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This article examines the forces shaping the labor supply and wages of immigrant Hispanic women in new destinations. The analysis draws on data collected in Durham, North Carolina, and evaluates how labor market outcomes are influenced by variables including human capital, immigration characteristics (including legal status), family structure, and immigrant-specific labor market conditions such as subcontracting. Findings indicate that the main determinants of labor supply among immigrant Hispanic women in Durham relate to family structure, with human capital playing a relatively minor role. Important variation is observed in the degree of work-family conflict across occupations. For wages, human capital and immigration characteristics (including documentation) are more important than family structure. Results show that the position of immigrant Hispanic women in Durham’s low-wage labor market is extremely precarious, with multiple, overlapping sources of disadvantage, particularly related to legal status and family structure.
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17

Kobzeva, S. I., and N. V. Chernykh. "Improvement of the Legal Regulation of Labor and Social Protection of Teaching and Academic Staff: Review of the Round Table «Legal Regulation of Labor and Social Protection of Teaching and Academic Staff: Outcomes and Prospects” (Moscow, April 5, 2019)." Actual Problems of Russian Law, no. 10 (November 9, 2019): 190–94. http://dx.doi.org/10.17803/1994-1471.2019.107.10.190-194.

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Анотація:
The paper contains a scientific reflection of the discussion held at the VI Moscow Legal Forum on the outcomes and prospects of legal regulation of labor and social protection of teaching and academic staff. They touched upon the features of the status of these categories of workers, labor contracts concluded with them, working hours and rest periods, remuneration of labor, guarantees and compensations, labor regulations and labor discipline, the introduction of professional standards and advanced training, violations of labor legislation, ethical and legal liability. Particular attention is given to the need for the interaction of science and practice in improving the legal regulation of labor in the field of scientific research and the educational process.
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18

Senchenko, V. A., T. T. Kaverzneva, E. V. Staseva, and Z. A. Kurbanova. "Guidelines for Occupational Safety in the Digital Economy." Voprosy trudovogo prava (Labor law issues), no. 12 (December 30, 2021): 946–56. http://dx.doi.org/10.33920/pol-2-2112-07.

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Анотація:
The article presents a historical chronology of changes in the requirements for labor protection instructions. The authors provide a legislative overview of the current regulatory legal acts that currently regulate the legal status of labor protection instructions. Modern approaches to providing instructions on labor protection at workplaces in a digital format are considered, and also conceptual directions of development of instructions on labor protection (local normative legal acts) for ensuring labor safety at the enterprise in the conditions of digital transformation of society are proposed.
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19

Vickstrom, Erik R., and Amparo González-Ferrer. "Legal Status, Gender, and Labor Market Participation of Senegalese Migrants in France, Italy, and Spain." ANNALS of the American Academy of Political and Social Science 666, no. 1 (June 14, 2016): 164–202. http://dx.doi.org/10.1177/0002716216643555.

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Анотація:
Policymakers are understandably concerned about the integration of migrants into labor markets. This article draws on retrospective data from the MAFE-Senegal (Migration between Africa and Europe) survey to show that the effect of legal status on Senegalese migrants’ labor market participation in France, Italy, and Spain differs for men and women because of gendered immigration policies. We find that there is little association between Senegalese men’s legal status and their labor force participation. For Senegalese women, however, those who legally migrate to these countries for family reunification are more likely to be economically inactive upon arrival than women with other legal statuses. Family reunification does not preclude labor market participation entirely, however, as some of these women eventually transition into economic activity.
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20

Нуртдинова, Алия, Aliya Nurtdinova, Людмила Чиканова, and Lyudmila CHikanova. "Differentiation of Legal Regulation of Labor Relations as Typical Tendencies of Labor Law Development." Journal of Russian Law 3, no. 6 (June 5, 2015): 0. http://dx.doi.org/10.12737/11430.

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Анотація:
The articles dwells upon the issue of differentiation of legal regulation of labor relations which is seen as a legal instrument, which allows taking into account the specificity of social relations that are formed under the conditions of or among the labor law subjects and that have specific features. The differentiation is a polar opposite to the legal regulation unity which embodies the existence of a unified legal status of employees, their equality, and, ultimately, the unity of the branch of law, which is unthinkable without stability and certainty of legal standing of principal participants of relevant legal relations. Further differentiation of legal regulation of labor relations is one of the most typical tendencies in labor law development. The article notes that the grounds for differentiation, out of necessity to coordinate with the principle of equality, and hence abidance by discrimination prohibition, must be entitative, justified and directly linked with an object of legal regulation and satisfy the principles of clarity and unambiguousness. Based on the abovementioned criteria, the authors analyze such grounds of differentiation of legal regulation of labor relations as peculiarities of labor process, its organization, and the type and nature of labor activity, the field of economic activity which uses labor, and the working and environmental employment terms. The articles notes that the grounds for differentiation, chosen by a legislator, do not always correspond to the mentioned criteria. They are often arbitrary and do not reflect their objective need or do not correspond to the reality. For example, inclusion into the Labor Code of peculiarities of legal regulation of labor relations for those categories of workers, in relation to whom these peculiarities have already been established by special laws. In fact these rules do not convey any regulatory meaning and therefore complicate the legislation and do not contribute to clarity and transparency of those workers’ legal status. The analysis shows that the employer’s legal form and the peculiarities of the employees’ professional activities have recently become the mostly widespread grounds for differentiation. The authors draw the conclusion that differentiation cannot be considered valid if it was derived on the basis of one criterion (the employer’s legal form) without taking into account other significant criteria. While the admissibility (and sometimes the necessity) of setting the specificity of legal regulation based on the peculiarities of labor (professional) activity does not raise doubts. The only issue that could be raised is the issue of existence (or absence) of such peculiarities and of the advisability of specific manifestations of the differentiation, i.e. special rules adopted by a legislator.
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21

Senchenko, V. A., and T. T. Kaverzneva. "Place of OSH instructions in the digital economy." Okhrana truda i tekhnika bezopasnosti na promyshlennykh predpriyatiyakh (Labor protection and safety procedure at the industrial enterprises), no. 9 (September 1, 2021): 10–17. http://dx.doi.org/10.33920/pro-4-2109-01.

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Анотація:
The article provides an overview of the current regulations governing the legal status of labor protection instructions. The paper considers modern approaches to the provision of labor protection instructions for personnel at workplaces in a digital format, and also proposes conceptual directions for the development of labor protection instructions (local regulatory legal acts) to ensure labor safety at enterprises in the context of the digital transformation of society.
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22

Clark, Gabrielle E. "Coercion and Contract at the Margins: Deportable Labor and the Laws of Employment Termination Under US Capitalism (1942–2015)." Law & Social Inquiry 43, no. 03 (2018): 618–46. http://dx.doi.org/10.1111/lsi.12255.

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Анотація:
In 1917, Congress created the status of temporary labor migrant. A new kind of restricted worker born from nineteenth-century free labor politics, employer and citizen worker demands under modern liberal capitalism, and state labor market regulation, temporary migrants have always had an employer-dependent legal status and been subject to deportation. Yet, since 1942, changing rights and legal processes have governed migrant employment termination across sectors. By drawing on employment cases from archival and unpublished files made available to me under FOIA, and court decisions, I compare the impact of laws of employment termination on deportable laborers beginning in 1942, when government agencies planned migration, and under privatized migration after 1964. From agriculture and war to today's service and knowledge economies, I demonstrate how employment rights have always shaped deportable workers' legal status. Yet, I also show how today's rights and legal processes, in contrast to the past, hardly mitigate employer control over migrants under contemporary capitalism.
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23

Voronkova, E. R. "Dignity as the Basis of the Legal Status of the Employee." Juridical science and practice 17, no. 1 (May 24, 2021): 82–88. http://dx.doi.org/10.25205/2542-0410-2021-17-1-82-88.

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Анотація:
The article concludes that the category “dignity at workplace” should become crucial for the analysis of the legal status of workers and its implementation in the labor relationship. The preservation and implementation of dignity at workplace have objective features connected with the initially “hostile” environment to dignity and the specifics of its structure. The article concludes that there is a double meaning of dignity for the legal status of employees. On the one hand, dignity as an existential value forms the basis of the legal status, and the specificity of its structure (self-respect and respect by employer; employee autonomy; self-affirmation; self-realization) is a metaphysical justification of his rights and obligations. On the other hand, as a universal moral value, dignity is the ultimate goal of the implementation of the legal status, it is a criterion for assessing labor relations.
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24

Sirokha, D. "LOCAL REGULATION AS A COMPONENT OF LEGAL REGULATION OF LABOR AND DIRECTLY RELATED RELATIONSHIPS." Social Law, no. 2 (April 24, 2019): 87–92. http://dx.doi.org/10.37440/soclaw.2019.02.13.

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Анотація:
The article covers the issues of local regulation as a component of legal regulation of labor and directly related relations. The author argues that the regulation of employment relations at the enterprise can be carried out either individually, in relation to a particular person or employee, or collectively, to all employees or employees of the enterprise or their specific groups. Individual regulation cannot be identified with local legal regulation because of its lack of normative character, even if organizational and legal forms characteristic of local legal regulation are used. The article justifies the idea that local norms do not belong to the number of norms established by the state, they are established directly at enterprises, institutions, organizations, with the participation of labor collectives and trade unions and do not go beyond the general sphere of legal regulation.The author analyzes the provisions of the doctrine of labor law and finds out that local norms organically enter into the legal institutions and branches of national law that determine the status of subjects of labor relations. Local regulation of relations at the enterprise, institution, organization is an integral and important component of the legal regulation of labor and directly related relationships. Relations aimed at limiting the legal status of employees cannot be regulated locally. The author emphasizes that local norms cannot establish new types of legal liability. Local norms reflect typical, widespread, stable employment relationships. They are closer to actual labor relations and are primary in origin in the hierarchy of regulations. Local legal norms should be considered not only as an auxiliary element of centralized regulation, but also as the most important backbone of the development of local rulemaking.
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25

E. Krasnoyarova, E. V. Krasnoyarova. "Legal Framework for Managing Manager’s Work." Voprosy trudovogo prava (Labor law issues), no. 1 (December 30, 2020): 4–9. http://dx.doi.org/10.33920/pol-2-2101-01.

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The article analyzes the legal basis for regulating the labor of a leader, notes the identity of the terms «manager» and «employer», proposes a classification of the status of a leader, examines the mechanisms for establishing standards by the employer, and also makes proposals for improving labor legislation.
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26

Prasolova, I., and D. Statsenko. "The problems of representation of an employer — individual." Voprosy trudovogo prava (Labor law issues), no. 12 (December 1, 2020): 12–18. http://dx.doi.org/10.33920/pol-2-2012-02.

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Анотація:
Currently, labor relations with the participation of employers — individuals are widespread. In this regard, the legal status of such an employer and the possibilities of representation in labor relations with his participation are of particular interest. In the article, the authors analyze some questions of representation of the employer — an individual, both having the status of an individual entrepreneur and without it; problematic aspects of the termination of labor relations with the participation of an employer — an individual entrepreneur in the event of his death. Ways have been proposed to improve the labour legislation of the Russian Federation in order to more fully regulate the legal status of the employer — an individual, as well as the direction of the development of law enforcement practice.
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27

Zapolsky, Sergey V. "Labor law in the russian legal system." Tyumen State University Herald. Social, Economic, and Law Research 5, no. 3 (October 28, 2019): 98–108. http://dx.doi.org/10.21684/2411-7897-2019-5-3-98-108.

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Анотація:
For many years, labor law in the Russian (and Soviet) legal system was regarded as specialized in a narrow segment of legal relations. In the recent decades, the labor law has developed, pushing itself significantly higher in the hierarchy of legal fields, namely, in the status of fundamental (so-called material) fields along with the criminal, administrative, and civil law. This article analyzes the causes of this phenomenon and describes the generic role of the legal regulation of labor relations for the entire system of property and non-property relations governed by law. As a result of studying different opinions on the classification of labor law as private or public sectors, as well as global experience, the author draws a conclusion about the national identity of Russian labor law, which is characterized by reliance on a unified labor relationship that organically combines individual and collective. The historical relationship of labor law with civil law shows the universality of labor obligations that bind the employee “with the whole world”. Changes in the place of labor law in the system of branches of law are explained by transformations and expansion of methods of legal regulation of labor relations by social partnership. It raises the problem of a certain convergence of labor law to administrative law, which is assessed as the most serious danger that can distort the economic and legal nature of labor relations. It follows that the insolvency of the use of statistical methods in the production sphere, as well as arguments are presented to solve the problem of distinguishing labor and administrative law. The main finding is related to determining the place of labor law in the legal system. Given the importance and homogeneity of labor relations, currently labor law has ceased to be a specialized legal body and should be classified as a substantive material area of law.
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28

Lyutov, N. L., and I. V. Voytkovskaya. "Taxi Drivers Performing Work through Online Platforms: What Are the Legal Consequences of Labor “Uberization”?" Actual Problems of Russian Law 15, no. 6 (July 11, 2020): 149–59. http://dx.doi.org/10.17803/1994-1471.2020.115.6.149-159.

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Анотація:
The paper discusses the problems of determining the legal status of drivers of the Uber online platform in the European Union states and the United States of America, where the Uber activities have been perceived by licensed taxi services and trade unions as a threat to fair competition and the social and labor rights of citizens. The authors analyze the arguments of the judicial and administrative bodies of the European Union states and the United States of America, which examined the appeals and claims of drivers, trade unions or transport companies. For comparison, the arguments of Russian courts on disputes about determining the legal nature of the relationship between the similar Uber online platform — Yandex.Taxi and its drivers are analyzed. Based on surveys that questioned the drivers and the analysis of online platform advertisements aimed at attracting drivers to work in the taxi service, the authors conclude that there are signs of actual use of drivers labor without formalizing labor relations and, accordingly, without providing them with social and labor guarantees.
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29

Vereitin, S. V. "Some Problems of Legal Regulation of Employer’s Labor Legal Personality as a Party to Contract." Bulletin of Kharkiv National University of Internal Affairs 94, no. 3 (September 29, 2021): 49–57. http://dx.doi.org/10.32631/v.2021.3.04.

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Анотація:
Scientific approaches to determining the employer’s labor legal personality within labor legal relations have been studied. The norms of the Labor Code of Ukraine and the drafts of the Labor Code of Ukraine in regard to labor legal personality of the corporate employer and the employer being an individual have been researched. It has been found out that the current Code of Labor Laws of Ukraine does not clearly define the moment of emergence of labor legal personality of the employer. Besides, labor law uses different terms to denote this aspect of the contract. It has been recommended to change all synonyms of the term of “employer” for the specified term in all acts of national legislation. It has been stated that the employer can be any legal entity. The employer powers arise from the moment of state registration. Employer powers of legal entities are vested in officials (chiefs, directors, presidents, etc.) who are given the right to hire and fire employees. Separate divisions of legal entities may be employers, if the relevant legal entity delegates part of its authority to them in order to accept the dismissal of employees and the use of their labor. It has been substantiated that we should rely on the full civil capacity of an individual while determining the employment status of the employer being an individual. The author has offered to envisage the following norm in the Labor Code of Ukraine and in the future Labor Code of Ukraine: “An employer may be any individual who has reached the age of eighteen. An individual who has reached the age of sixteen and wishes to be engaged in entrepreneurial activity may be an employer with the written consent of the parents (adoptive parents), guardian or a guardianship authority. An individual has employment powers from the moment of state registration as an entrepreneur”.
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30

Antlová, Tereza, and Michal Blažek. "The Terminal of Marriage in Czech Labor Code." Białostockie Studia Prawnicze 26, no. 2 (June 1, 2021): 71–79. http://dx.doi.org/10.15290/bsp.2021.26.02.04.

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Abstract This paper deals with arguments defending the purpose of the existence of the provision of Section 318 of Act No. 262/2006 Coll., Labor Code. Both the arguments of legal scholarship and arguments expressed in the explanatory memorandum to the Acts in question are analyzed. This text further presents arguments in favor of repealing this provision which prohibits the performance of dependent work between spouses (registered partners). We base our arguments on international and European Union1 legal sources, in particular on anti-discrimination legislation prohibiting discrimination on the basis of marital status. In the context of Czech law, the relationship between the provision of Section 318 of the Labor Code and constitutional standards and other statutory norms is described and analyzed. A specific regulation contained in Act No. 234/2014 Coll., Civil Service Act is also presented and considered. The authors point out the absence of similar legislation in legal orders of other Member States of the European Union. In conclusion, the authors express and defend their legal opinion on the obsolescence of the discussed provision of the Labor Code and present suggestions de lege ferenda.
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31

Bailey, Thomas. "The Influence of Legal Status on the Labor Market Impact of Immigration." International Migration Review 19, no. 2 (1985): 220. http://dx.doi.org/10.2307/2545770.

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32

Bailey, Thomas. "The Influence of Legal Status on the Labor Market Impact of Immigration." International Migration Review 19, no. 2 (June 1985): 220–38. http://dx.doi.org/10.1177/019791838501900201.

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Анотація:
This article explores the labor market changes that would take place as a result of an amnesty that would regularize the status of undocumented workers without changing the total size of the alien workforce. The theoretical analysis suggests that the influence of legal status on market wage rates and on minimum wage enforcement is weak and that to the extent that there is an effect, it depends on particular institutional arrangements. Although data are not adequate for a definite measurement of these effects, those data that are available support this conclusion. It does appear that the presence of undocumented as opposed to resident aliens can weaken union organizing efforts.
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33

Kozin, S. M. "FEATURES OF THE LEGAL STATUS OF MIGRANTS AS SUBJECTS OF LABOR LAW." Law Bulletin, no. 16 (2020): 113–18. http://dx.doi.org/10.32850/lb2414-4207.2020.16.14.

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34

Kulakova, O. S. "Dualism of the legal status of the head of the organization." Voprosy trudovogo prava (Labor law issues), no. 10 (October 21, 2020): 24–29. http://dx.doi.org/10.33920/pol-2-2010-03.

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Анотація:
The status of the head of a business company is a controversial legal category. The relevance of this issue is determined by the complexity of the nature of legal relations that develop at the intersection of labor and corporate law. The ambiguity of judicial practice in the qualification of the position of a person who is both a separate part of a legal entity and an employee makes it necessary to search for priority rules of law.
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35

Kyselova, O. I., and K. O. Nadtochiy. "Features of legal regulation of labor of medical workers." Legal horizons, no. 24 (2020): 35–40. http://dx.doi.org/10.21272/legalhorizons.2020.i24.p35.

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Анотація:
The work of health care workers is associated with great physical and emotional stress, the need in some cases to work in difficult and life-threatening conditions. This determines some features of the legal regulation of labor relations in this area of activity: additional requirements when concluding an employment contract, preferential working hours and rest time, special rules for part-time work, etc. The specificity of the legal status of medical workers as subjects of labor law is due to both general rules and special regulations on various aspects of their activities. In addition to the general provisions of the Labor Code of Ukraine, the provisions of the law "Fundamentals of the legislation of Ukraine on health care", as well as a number of other regulations apply to medical workers who carry out professional activities. The article describes the regulations governing the employment of health workers, identifies the role of the employment contract in regulating their work, analyzes the features of the legal status of health workers as a subject of labor relations, and identifies a set of problems that arise in health care workers. in the performance of their duties. This topic is of interest not only from a scientific but also from a practical point of view, which necessitates detailed, thorough legal regulation of the work of medical workers and a more careful attitude of the legislator to this area. The urgency of the topic is due to the role of health professionals in the realization of the right of everyone to health care, guaranteed by Art. 49 of the Constitution of Ukraine.
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36

Novikova, J. A. "Оrder of registration of an employment contract concluded between an employee and an employer who is an individual who does not have the status of an individual entrepreneur". Voprosy trudovogo prava (Labor law issues), № 9 (30 вересня 2021): 688–96. http://dx.doi.org/10.33920/pol-2-2109-06.

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Анотація:
The article analyzes the procedure for registering labor contracts concluded between an employee and an employer who is an individual who does not have the status of an individual entrepreneur, provided for by both the Labor Code of the Russian Federation and the regulatory legal acts of some municipalities, notes the advantages and disadvantages of the legal regulation of this issue, changes are proposed, that need to be included in these acts to improve the legal regulation of the indicated issue.
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37

Stępień, Barbara. "Mothers and Non-Mothers in the Labor Market: Mexican Regulations vs. the ILO Maternity Protection Convention, 2000 (No. 183)." Zbornik Pravnog fakulteta u Zagrebu 71, no. 1 (May 29, 2021): 51–76. http://dx.doi.org/10.3935/zpfz.71.1.03.

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Анотація:
This article aims to analyze the social and legal situation of women in the labor market, especially in relation to the impact which maternity status impresses upon this. The author intends to explain why women are discriminated in the labor market (notably once they become mothers) by applying current psychological and economic theories on discrimination. Furthermore, the International and Mexican legal frameworks on the prohibition of discrimination and maternity protection are herein discussed and analyzed. Finally, the author proposes introducing and developing paternity labor rights as a necessary condition to eradicate gender discrimination in the labor market.
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38

Власенко, М. В. "ТРУДО-ПРАВОВА ПРИРОДА ВІДНОСИН ЩОДО ВИКОНАННЯ ОБОВ’ЯЗКІВ СУДДІ У ВИГЛЯДІ ЗДІЙСНЕННЯ ПРАВОСУДДЯ". Збірник наукових праць ХНПУ імені Г. С. Сковороди "Право", № 31 (2020): 74–79. http://dx.doi.org/10.34142/23121661.2020.31.08.

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Анотація:
The purpose of the article is to determine the nature of the relationship regarding the performance of the judge's duties in the form of the administration of justice. The labor-legal subtext of the categories used in the Law of Ukraine «On the Judiciary and the Status of Judges» to characterize the relationship of justice by professional judges, despite the complete absence of the words «labor» or «labor relations». The author establishes the criteria that characterize the legal regulation of the judge's activity in the form of administration of justice, which testifies to the labor-legal nature of the relations arising in this connection regarding the performance of judges' duties. Based on them, it is concluded that the judge administers justice as his / her labor function, because the legal regulation of the grounds for carrying out this activity, the organization of support of its professional performance testify to constant, systematically paid, qualified work. Thus, it provides grounds for establishing the labor law nature of the relationship regarding the performance of the judge's duties in the form of administration of justice.
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39

Octaviani, Jefahnia, and Andari Yurikosari. "AKIBAT HUKUM KRIMINALISASI PENGURUS SERIKAT PEKERJA ATAS TINDAK PIDANA PENCEMARAN NAMA BAIK TERHADAP KEDUDUKAN SERIKAT PEKERJA DI DALAM PERUSAHAAN (STUDI PUTUSAN PENGADILAN TINGGI DKI JAKARTA NOMOR: 95/PID/2018/PT.DKI)." Jurnal Hukum Adigama 2, no. 1 (July 24, 2019): 719. http://dx.doi.org/10.24912/adigama.v2i1.5258.

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One of the legal subjects in the employment sector is labor unions. Labor unions are considered as organizations that able to help workers fight for their rights. When there is an industrial relations dispute between employers and workers, labor unions can represent their members in the process of resolutions that includes three steps, which are Bipartite, Tripartite, and Court of Industrial Relations. Based on the applicable laws, in order to carry out their main duties and functions, labor unions must be independent and democratic. Referring to DKI Jakarta High Court Judgement No. 95/Pid/2018/PT.DKI, two of labor union officials in PT Damira are prosecuted by third party outside of Bipartite for criminal acts of defamation, and the prosecution itself build upon their statements on Bipartite. This kind of prosecution can be categorized as a form of criminalization of labor union officials, thus raises issues of how legal protections for labor union officials who are prosecuted by third party and the impact of the criminalization of labor unions officials to the standing of labor unions. The author analyzes both issues comprehensively using the normative legal research method. According to the research, can be councluded that the legal protections of labor union officials is not carried out as stipulated in the applicable laws. Furthermore, criminalization of labor union officials has important impact which includes two things, namely the legal uncertainty of labor union officials regarding their status as workers and the standing of labor unions within the company after the criminalization.
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40

Moreno, Paul. "ORGANIZED LABOR AND AMERICAN LAW: FROM FREEDOM OF ASSOCIATION TO COMPULSORY UNIONISM." Social Philosophy and Policy 25, no. 2 (June 2, 2008): 22–52. http://dx.doi.org/10.1017/s0265052508080175.

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Анотація:
Though most legal and labor historians have depicted an American labor movement that suffered from legal disabilities, American law has never denied organized labor's freedom of association. Quite the contrary, unions have always enjoyed at least some favoritism in the law, and this status provided the essential element to their success and power. But, even during the heyday of union power (1930–47), organized labor never succeeded in gaining all of the privileges that it sought, not enough to stem its current (private-sector) decline back to historically normal levels. This article provides a synoptic overview and reinterpretation of the development of American labor law.
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41

Malau, Parningotan. "Basic Legal Study On Workplace Health And Safety Protection In Indonesia." Technium Social Sciences Journal 6 (April 13, 2020): 88–100. http://dx.doi.org/10.47577/tssj.v6i1.287.

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Анотація:
This study aims to examine the legal history and the concretization of the value of Pancasila as a legal basis in protecting the occupational safety and health of workers in Indonesia. The research method used in this study is a type of normative research using the Statute Approach. The analysis technique in this study was carried out in a descriptive way to describe the legal conditions and protection of workers in Indonesia. The results of this study indicate that the birth of labor law in Indonesia is based on a long history of labor suffering due to slavery, forced cultivation, slavery to forced labor, not vice versa because employers corporations are persecuted by the treatment of workers and employers. National labor law, specifically the Work Safety Health Act, must be able to position workers as independent legal subjects, not arbitrarily controlled by other legal subjects, be treated humanely in accordance with their dignity and status, and obtain justice as a weak party. In addition, to avoid discrimination, it must show the principle of unity in work relations, between employers and workers in corporations, or broader unity in industrial relations, namely between employers' organizations, labor organizations, and government
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42

Massey, Douglas S., Jorge Durand, and Karen A. Pren. "The Precarious Position of Latino Immigrants in the United States." ANNALS of the American Academy of Political and Social Science 666, no. 1 (June 14, 2016): 91–109. http://dx.doi.org/10.1177/0002716216648999.

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A majority of Mexican and Central Americans living in the United States today are undocumented or living in a marginal, temporary legal status. This article is a comparative analysis of how Mexican and non-Mexican Latino immigrants fare in the U.S. labor market. We show that despite higher levels of human capital and a higher class background among non-Mexican migrants, neither they nor Mexican migrants have fared very well in the United States. Over the past four decades, the real value of their wages has fallen across the board, and both Mexican and non-Mexican migrant workers experience wage penalties because they are in liminal legal categories. With Latinos now composing 17 percent of the U.S. population and 25 percent of births, the precariousness of their labor market position should be a great concern among those attending to the nation’s future.
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43

Świątkowski, Andrzej. "STATUS OF PARTIES DIGITAL LEGAL RELATIONS: CASUS OF THE UBER SHIPPING COMPANY." Roczniki Administracji i Prawa 4, no. XX (December 30, 2020): 245–59. http://dx.doi.org/10.5604/01.3001.0014.8438.

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Анотація:
The unclear and uncertain status of parties to legal relations established on employment platforms to obliges to reflect on the role of EU Member States in shaping and regulating employment relations on employment platforms. Terms of employment on service platforms do not even come close to established and universally applicable labor standards. Only a few EU Member States partly regulated some aspects of passenger transport and the situation of drivers and couriers. Casus of the Uber platform and other similar service platforms indicates the need to extend the EU’s autonomous concept of an employee to professionally active also within employment platforms
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44

VOITIUK, L. М. "LEGAL STATUS OF CIVIL SERVANTS OF UKRAINE IN THE FIELD OF LABOR SAFETY." Law and Society, no. 5 (2021): 110–16. http://dx.doi.org/10.32842/2078-3736/2021.5.15.

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45

Pope, Jim. "Worker Lawmaking, Sit-Down Strikes, and the Shaping of American Industrial Relations, 1935-1958." Law and History Review 24, no. 1 (2006): 45–113. http://dx.doi.org/10.1017/s0738248000002273.

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Анотація:
Between 1936 and 1939, American workers staged some 583 sit-down strikes of at least one day's duration. In the latter year, the United States Supreme Court issued its opinion inNLRB v. Fansteel Metallurgical Corporation, resolving the official legal status of the tactic.Fansteelmade it clear not only that a state could punish sit-downers for violating trespass laws, but also that an employer could lawfully discharge them—even if that employer had itself provoked the sit-down by committing unfair labor practices in violation of the National Labor Relations Act.
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46

Chernykh, N. V. "Secondment of the Employees' Labor (Personnel's s Labor) as an Atypical Form of Employment." Lex Russica, no. 8 (August 29, 2019): 63–73. http://dx.doi.org/10.17803/1729-5920.2019.153.8.063-073.

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Анотація:
The article considers legal relations arising between the employee, the primary employer and the seconding employer when a secondment agreement is made to provide staff (personnel) and when the employment contract is made between the employee and the seconding employer represented by a private employment agency. It is noted that secondment of staff (personnel) is one of the legalized forms of atypical employment in the Russian Federation, the author considers peculiarities of such relations. The author discusses the problem of “precarization” of employees’ labor temporarily sent to the secondment employer, considers the mechanisms of protection of workers from deterioration of their legal status and determines inefficiency of such mechanisms. The paper considers the issues related to 1) modification of traditional approaches to regulation of labor relations with employees temporarily sent to another entity performing the functions of the employer; 2) the problems of implementation of collective rights of workers; 3) the refusal to use traditional mechanisms of bringing employees to disciplinary and financial responsibility; and 4) the “splitting” of the status of the employer between the primary employer and the seconding employer.
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47

Chevaleyre, Claude. "Serving and Working for Others." Journal of Global Slavery 5, no. 2 (July 1, 2020): 170–203. http://dx.doi.org/10.1163/2405836x-00502003.

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Анотація:
Abstract Over the past decades, “wage labor” has been a lingering issue in studies on the development patterns of late imperial China. The legal reconfiguration of the category of “hired laborers” (gugong 僱工) between 1588 and 1788, in particular, has been foregrounded as a salient manifestation of the “incipient capitalism” going hand in hand with the emergence of a “free” labor market and with the decline of bound labor. Questioning the preconception that the mere appearance of labor relations mediated by means of wages would suffice to prove the existence of “free labor,” this article proposes to revisit the issue of “hired labor” in late imperial China. It approaches this issue from a conceptual standpoint, as a first step toward an overdue reassessment of the significance of wages in labor relations and their impact on the status of workers. The first section endeavors to sketch out a general conceptualization of gugong from the Great Ming Code and from Ming and Qing legal exegesis. The second section focuses on the study of the legal redefinition of gugong between the late sixteenth and eighteenth centuries, and looks for the social and legal implications of being hired. By doing so, it also explores changes in the Chinese conception of the notion of “service” and its relationship with what we would name “servitude.”
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48

Belozerova, K. A. "Conditionality of the application of certain labor law norms to regulate the work of foreign workers." BULLETIN of L.N. Gumilyov Eurasian National University. Law Series 137, no. 4 (2021): 110–22. http://dx.doi.org/10.32523/2616-6844-2021-137-4-110-122.

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Анотація:
The article under consideration, using the example of the labor legislation of the Russian Federation, describes the procedure for applying certain provisions of regulatory legal acts to regulate the work of employees who are foreign citizens and stateless persons, in cases where the application of such norms involves administrative procedures, including those in force in the state of the employer for foreign citizens and stateless persons. As part of the consideration of this issue, the impact of administrative procedures, primarily provided for in the Russian Federation by migration legislation and legislation on the legal status of foreign citizens and stateless persons, on the application of labor law norms, the impact of the status of a foreign citizen and a stateless person on the mechanism of action of labor law norms, the achievement of the goals of their application is determined. Based on the analysis, it is concluded that their actions are conditional in relation to employees who are foreign citizens and stateless persons, and in some cases, the creation of prerequisites for discrimination by such a mechanism of action both in relation to a special category of employees and in relation to employees who are Russian citizens. In some cases, the regulatory regulation provided for by the legislation of the Republic of Kazakhstan is considered as a more successful option of adaptation within the framework of the implementation of administrative procedures of the legal status of a foreign citizen to the status of an employee.
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49

Patler, Caitlin. "Citizen Advantage, Undocumented Disadvantage, or Both? The Comparative Educational Outcomes of Second and 1.5‐Generation Latino Young Adults1." International Migration Review 52, no. 4 (August 13, 2018): 1080–110. http://dx.doi.org/10.1111/imre.12347.

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Анотація:
Recent research theorizes a widening sociopolitical gap between undocumented and documented immigrants — but also between citizens and noncitizens generally — with implications for mobility. How might legal inequality influence educational outcomes? Largely due to data constraints, much existing research is unable to distinguish between legal statuses. Yet, legal status may help explain inconsistent findings of “immigrant advantage” among Latinos. Using survey data from Latino young adults in California, I explore how legal status impacts high school completion, post‐secondary enrollment, and labor market expectations. I find evidence of undocumented disadvantage and citizenship advantage in completion and enrollment, but no differences in expectations. Findings suggest that scholars should pay closer attention to the role of legal background in shaping mobility.
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50

Pyzhova, Maryna. "Some current issues of classification of legal guarantees in labor law." Law and innovative society, no. 2 (15) (January 4, 2020): 63–67. http://dx.doi.org/10.37772/2309-9275-2020-2(15)-10.

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Анотація:
Problem setting. Today, Ukraine is going through times of change in the whole society. In view of this, the issue of legalguarantees and their implementation is extremely important, because they are the legal means that should ensure the unimpededrealization of the whole set of his rights, including labor rights. Article 43 of the Constitution proclaims the right of everyoneto work and a number of other rights related to labor relations. At the same time, if a system of legal guarantees for the realizationof labor rights is not developed, the proclaimed rights can be described as declarative.Describing the guarantees provided by labor law, we say that they provide a transition to the actual implementation of theopportunities enshrined in law, that is, they are needed for the exercise of rights and freedoms, and for responsibilities. It seemsthat the realization of rights, freedoms and responsibilities, in fact, is only part of a more general problem – the application oflaw and the rule of law. Analysis of recent research. The works of many labor scientists, in particular: N. Bobrova, M. Vitruk, D. Karpenko, T.Markina, P. Nedbayl, K. Urzhinsky, are devoted to the study of guarantees in labor law V. Skobelkin, O. Smirnov, N. Stolyar,L. Surovskaya, O. Yaroshenko and others. Target of research is to consider and characterize the classification of legal guarantees in labor law. Article’s main body. The article considers topical issues of classification of legal guarantees in labor law. The variousclassifications proposed by scientists are covered, their analysis is carried out. It is noted that there should be an awarenessof the purpose of establishing legal guarantees, first of all – to ensure the fullest exercise of the rights granted to employees.It is concluded that the system of legal guarantees of labor rights of the employee should be effective both quantitativelyand qualitatively. The number of legal guarantees must be sufficient, optimal, and the means, methods and conditionsthemselves must be real. Conclusions and prospects for the development. Thus, there is no single generally accepted classification of legalguarantees in labor law. At the same time, the totality of all the above legal guarantees is an independent element of thecontent of the legal status of the employee. By their regulatory influence, they cover all stages of labor relations, affectcertain parties directly related to labor relations.
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