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1
Amon, Joseph J., Jane Buchanan, Jane Cohen, and Juliane Kippenberg. "Child Labor and Environmental Health: Government Obligations and Human Rights." International Journal of Pediatrics 2012 (2012): 1–8. http://dx.doi.org/10.1155/2012/938306.
Повний текст джерелаАнотація:
The Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour was adopted by the International Labour Organization in 1999. 174 countries around the world have signed or ratified the convention, which requires countries to adopt laws and implement programs to prohibit and eliminate child labor that poses harms to health or safety. Nonetheless, child labor continues to be common in the agriculture and mining sectors, where safety and environmental hazards pose significant risks. Drawing upon recent human rights investigations of child labor in tobacco farming in Kazakhstan and gold mining in Mali, the role of international human rights mechanisms, advocacy with government and private sector officials, and media attention in reducing harmful environmental exposures of child workers is discussed. Human rights-based advocacy in both cases was important to raise attention and help ensure that children are protected from harm.
2
Mironov, Vladinir. "Owner’s role in realization of labor rights of employee." Gosudarstvo i pravo, no. 12 (2021): 168. http://dx.doi.org/10.31857/s102694520017463-0.
Повний текст джерелаАнотація:
The article is devoted to the problem of fulfillment of obligations of the employer who depends on the owner. The owner is not a subject of labor law. For these reason he is not responsible for the obligations of the employer to employees. In turn, the employer is not able to fulfill obligations in labor relations without providing the owner with the necessary funds. Emerging in the field of labor relations conflicts often get settled by restriction of the labor rights of the employees. Typical examples in this situation are used in this article. The authors have tried to develop recommendations to attract the owner to fulfill the obligations of the employer in labor relations.
3
Stojšić, Ljiljana. "Position, rights and obligations of the labor inspector." Glasnik Advokatske komore Vojvodine 80, no. 9 (2008): 327–43. http://dx.doi.org/10.5937/gakv0808327s.
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4
Gruni, Giovanni. "Labor Standards in the eu-South Korea Free Trade Agreement." Korean Journal of International and Comparative Law 5, no. 1 (June 7, 2017): 100–121. http://dx.doi.org/10.1163/22134484-12340081.
Повний текст джерелаАнотація:
The European Union (eu) includes clauses on labor rights in free trade agreements with partner countries. One of these clauses was added to the Free Trade Agreement between the eu and South Korea. This article looks at the clause as an attempt of the eu to include labor rights in international trade law. The argument of the article is that the labor clause does include several innovative features which entrench the presence of labor law in international trade agreements. However, the clause remains mainly about political cooperation and struggles to define enforceable legal obligations on states. This is so because of the exceptions in the first part of the clause, the vagueness of the labor rights obligations and the lack of an enforcement mechanism.
5
Trinh, Hang Thi. "Some Some issues on the employee’s right to unilaterally terminate the employment contract under the 2019 Labor Code." Science & Technology Development Journal - Economics - Law and Management 5, no. 3 (June 29, 2021): first. http://dx.doi.org/10.32508/stdjelm.v5i3.768.
Повний текст джерелаАнотація:
Article 35 of the Vietnamese Constitution 2013 stipulates that "Citizens have the right to work, choose a career and workplace." This is one of the basic rights of citizens and is concretized by an array of different regulations to regulate the labor relations between employees and employers. Of the regulations, provisions on the employee's right to unilaterally terminate the employment contract are emphasized. Within the scope of this article, the author points out a number of issues which are associated with the employee's rights to unilaterally terminate the employment contract stipulated in the Labor Code 2019, specifically the provisions in Section 3, Chapter III. In order to clarify and deepen the issues, the author uses the comparison method between the provisions of the Labor Code 2019 and the provision of the Labor Code 2012, reviewing and analyzing the issues of grounds and procedures for exercising the right to unilaterally terminate the employment contract of the employee; rights and obligations of employees when unilaterally terminating the employment contract legally; rights and obligations of employees when unilaterally terminating the employment contract illegally. In particular, the issues of grounds for the termination of the employment contract, a notice period before the unilateral termination of the employment contract, severance allowances and unemployment benefits are analyzed thoroughly to highlight the positive points as well as the gaps that currently exist and affect employees and employers. Finally, the author gives a number of recommendations to improve the legal regulations, creating balance and stability in labor relations as well as sustainable development for the economy and society.
6
Kashlakova, A. S. "Burden of proof in a labour dispute." Voprosy trudovogo prava (Labor law issues), no. 6 (June 30, 2021): 470–75. http://dx.doi.org/10.33920/pol-2-2106-07.
Повний текст джерелаАнотація:
The actual implementation of labor rights is possible if there are working mechanisms for the protection of violated rights in the legislation. The effectiveness of such protection depends, inter alia, on the procedural rules that secure the position of the disputing parties, their rights, obligations, and the rules for the distribution of the burden of proof. In this paper, we will focus on the norms that enshrine the rules for distributing the burden of proof of circumstances that are important for resolving a labor dispute. English version of the article is available at URL: https://panor.ru/articles/burden-of-proof-in-a-labour-dispute/71251.html
7
Urdarević, Bojan, and Aleksandar Antić. "The possibility of electronic delivery of acts related to exercising empoyees' rights and undertaking work-related obligations." Zbornik radova Pravnog fakulteta Nis 60, no. 91 (2021): 177–90. http://dx.doi.org/10.5937/zrpfn0-32485.
Повний текст джерелаАнотація:
In this paper, the authors tackle the issues related to the electronic delivery of acts related to exercising employees' rights and undertaking work-related obligations. The consideration is accompanied by an appropriate comparative law analysis. Emanating from mutual relations between the employer and the employee, the acts related to employees' rights and obligations are most often rescripts by which the employer decides on the employee's rights and obligations, but they also include written submissions that constitute official communication between the employee and the employer (such as requests, application, letters, etc.) In the Labor Act of the Republic of Serbia, the possibility of electronic delivery of acts deciding on the exercise of employees' rights and obligations is envisaged as an exception. Having in mind the development of information and communication technologies and the change in the mode of work caused thereby, especially during the "coronavirus" pandemic, it is necessary to envisage the possibility of electronic delivery of acts related to official communication between employers and employees in other cases, in addition to those currently provided in the Labor Act of the Republic of Serbia.
8
Grigor'eva, Yuliya, and Anzhela Krasnova. "BASIC ASPECTS OF LABOR PROTECTION IN THE ENTERPRISE." Bulletin of the Angarsk State Technical University 1, no. 15 (January 12, 2022): 184–86. http://dx.doi.org/10.36629/2686-777x-2021-1-15-184-186.
Повний текст джерелаАнотація:
This article discusses the concept of labor protection at the enterprise, the rights and obligations of the employee and employer in this area, as well as responsibility for noncompliance with labor protection requirements
9
Radizlov, A. "THE ROLE OF THE LABOR CONTRACT IN THE IMPLEMENTATION OF THE RIGHTS AND OBLIGATIONS OF THE PARTIES OF THE LABOR LEGAL RELATIONS." Social Law, no. 2 (April 23, 2019): 195–200. http://dx.doi.org/10.37440/soclaw.2019.02.30.
Повний текст джерелаАнотація:
The article is devoted to the study of the role of the employment contract in the realization of therights and obligations of the parties to the employment relationship. The views of well-known scientistsconcerning the nature of the employment contract and labor relations are investigated. Attention is drawnto the fact that along with the fact that the employment contract is the basis for the emergence ofemployment relationships, it is also their regulator. The feasibility of the future Labor Code of Ukrainesubstantiates as fully as possible the rights and obligations of employees and employers, without reducingthe legal guarantees of labor rights of employees, provided for by the Labor Code of Ukraine. It is alsoproposed to approve at the level of the resolution of the Cabinet of Ministers of Ukraine a typical form ofan employment contract between an employee and an employer.
10
Treacy, Paul C., and Douglas MacKay. "Weighing obligations to home care workers and Medicaid recipients." Nursing Ethics 26, no. 2 (July 25, 2017): 418–24. http://dx.doi.org/10.1177/0969733017718396.
Повний текст джерелаАнотація:
In June 2016, a US Department of Labor rule extending minimum wage and overtime pay protections to home care workers such as certified nursing assistants and home health aides survived its final legal challenge and became effective. However, Medicaid officials in certain states reported that during the intervening decades when these protections were not in place, their states had developed a range of innovative services and programs providing home care to people with disabilities—services and programs that would be at risk if workers were newly owed minimum wage and overtime pay. In this article, we examine whether the Department of Labor was right to extend these wage protections to home care workers even at the risk of a reduction in these home care services to people with disabilities. We argue that it was right to do so. Home care workers are entitled to these protections, and, although it is permissible under certain conditions for government to infringe workers’ occupational rights and entitlements, these conditions are not satisfied in this case.
11
Czerniak-Swędzioł, Justyna. "Rola pracodawcy w realizowaniu uprawnień pracowników związanych z rodzicielstwem." Przegląd Prawa i Administracji 113 (September 12, 2018): 23–41. http://dx.doi.org/10.19195/0137-1134.113.2.
Повний текст джерелаАнотація:
THE ROLE OF THE EMPLOYER IN REALIZING THE RIGHTS OF EMPLOYEES RELATED TO PARENTHOODOver the last ten years, the Labor Code has signifi cantly expanded employees’ rights related to parenthood, and thus the role of the employer in the fi eld of their implementation has changed fundamentally.The employer remains obliged to fulfi ll the employee’s basic rights enumerated in the Labour Code as a parent. However, the Polish legislator excessively burdens the employer with the role of the sole contractor of these general social principles related to the protection of motherhood and family, which causes a clear upset in the implementation of the constitutional obligations of the state towards its citizens.Looking at individual stages of employment from the period of pregnancy, in which protection is particularly strong, through the obligation to exercise parental leave and obligations imposed on the employer to employ an employee after taking leave, on protection during the period of custody, these are clearly noticeable limitations and burdens for the employer. The burden imposed on a particular employer often remains completely disproportionate to its capabilities. The employer bears the costs of social policy, which should be implemented by the state, thus it is fulfi lling the role of the guarantor in securing social interests. The solutions adopted by the Polish legislator stand in clear opposition to the regulation of international law.The burdens currently imposed on the employer resulting from the provisions of the Labor Code could be implemented to a large extent by relevant public insurance systems. De lege ferenda, the obligation to protect motherhood and the family as a constitutional social obligation should be carried out jointly by the state and the employer. De lege lata, the lack of proportionality is clearly visible in the regulations in force and it signifi cantly limits the principle of economic freedom and employer’s property, in particular in relation to small entrepreneurs.
12
Kuchina, Yu A. "Some Problems of Employees Exercising The right to Information." Voprosy trudovogo prava (Labor law issues), no. 10 (October 30, 2021): 764–69. http://dx.doi.org/10.33920/pol-2-2110-05.
Повний текст джерелаАнотація:
The right of an employee to complete reliable information on working conditions and occupational safety requirements is not always accompanied by a clear mechanism for its realization. The article justifies the need to establish in the labor law the obligations of the employer to respond to written requests of the employee, to take into account the characteristics of the employee in the perception of information. The author also proposes not to limit the scope of information exclusively to labor protection issues, but to inform employees about their labor rights in general.
13
Krasnikau, D. N. "TRADE UNIONS AS SUBJECTS OF LABOR LAW." Vestnik of Polotsk State University. Part D. Economic and legal sciences, no. 5 (June 27, 2021): 131–39. http://dx.doi.org/10.52928/2070-1632-2021-56-5-131-139.
Повний текст джерелаАнотація:
The article is devoted to issues related to the activities of trade unions as subjects of labor law. The procedure for state registration of trade unions has been presented. Their rights and obligations are considered. Deficiencies in the current legislation are identified and ways of their resolution are proposed.
14
Križan, Viktor. "Good Manners and the Prohibition on the Abuse of Rights in Slovak Labor Law." Białostockie Studia Prawnicze 26, no. 2 (June 1, 2021): 95–105. http://dx.doi.org/10.15290/bsp.2021.26.02.06.
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Abstract The author of this article tries to summarize and provide knowledge about good manners, and places them in the context of labor law in the Slovak Republic. Good manners serve as a criterion that restricts subjective rights in their content, or often as a criterion that limits the exercise of subjective rights. They represent a positive limit to the exercise of rights and obligations arising from employment relationships. The term “good manners” is not defined in law, but we encounter this corrective directly within the basic principles in Art. 2 of the Labor Code. The negative limit on the exercise of subjective rights and obligations arising from employment relationships is the prohibition on abusing these rights to the detriment of the other party to the employment relationship or co-employees. According to the provisions on the invalidity of legal acts, the subject’s conduct contrary to good manners and abuses of rights are subject to absolute invalidity. The prohibition on the abuse of rights is a legal norm, the violation of which by an authorized subject is an illegal act.
15
Hillemanns, Carolin F. "UN Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights." German Law Journal 4, no. 10 (October 1, 2003): 1065–80. http://dx.doi.org/10.1017/s2071832200016643.
Повний текст джерелаАнотація:
The United Nations Sub-Commission for the Promotion and Protection of Human Rights unanimously approved the “Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights” (the Norms) on 13 August 2003. Together with the interpretative Commentary, the Norms constitute an authoritative guide to corporate social responsibility. They are the first set of comprehensive international human rights norms specifically aimed at and applying to transnational corporations and other business entities (companies). They set out the responsibilities of companies with regard to human rights and labor rights, and provide guidelines for companies in conflict zones. They prohibit bribery and provide obligations with regard to consumer protection and the environment. General provisions of implementation include the obligation to provide reparation for a failure to comply with the Norms.
16
Novotný, Jiří. "Návrh nové právní úpravy zákoníku práce v otázce přechodu práv a povinností z pracovněprávních vztahů." Forenzní vědy, právo, kriminalistika 6, no. 1 (May 2021): 53–64. http://dx.doi.org/10.37355/vpk-2021/1-04.
Повний текст джерелаАнотація:
On 2 January 2020, the Government of the Czech Republic submitted a bill to the Chamber of Deputies amending the Labor Code. The bill was sent to deputies as press 689/0 on 2 January 2020. The proposed amendment to the Labor Code was compiled by the Ministry of Labor and Social Aff airs of the Czech Republic, among other objectives, with the aim of achieving compliance with national legislation with EU regulations and case law. The proposed amendment to the Labor Code should explicitly regulate the conditions for the transfer of the employer's activities, and further specify the conditions for giving notice by an employee pursuant to Section 51a of the Labor Code when transferring rights and obligations from employment relationships. It is precisely in the issue of conditions for the transfer of the employer's activities that the current legal regulation has been repeatedly criticized due to insuffi cient use of EU legislation for the national legal regulation of the transfer of rights and obligations from labor relations.
17
Sarira, Iron. "Aspek Hukum Pemenuhan Hak Tenaga Kerja terhadap Implementasi Keputusan Pailit Suatu Badan Usaha Sesuai Asas Keadilan." Humaniora 2, no. 2 (October 31, 2011): 1173. http://dx.doi.org/10.21512/humaniora.v2i2.3168.
Повний текст джерелаАнотація:
The worker is the weaker party in terms of worker-employee relationship system. The problem that often arises in the event of bankruptcy decision issued by the judiciary is the ignorance of labor rights. As we know that termination of employment (layoffs) may be conducted by the employer in accordance with article 165 of Law Number 13 Year 2003 on Manpower, which is when the company is closed due to creditors’ law suit on unpaid credit within a specified time and therefore stating bankruptcy. Employers who are declared bankrupt by a competent judge shall settle all obligations, including in this case, paying workers' compensation regulations. In practice, the curator, the official havint the authority to calculate the company's assets can be invited to cooperate in terms of the repayment obligation, and they rather put the assets of the creditor's rights in front of workers’ rights. The receiver and or parties related to tend to prioritize the interests of the group more than the fulfillment of labor rights as compensation from the bankruptcy decision occurs. Whereas Article 95 Paragraph (4) of Law No. 13 of 2003 has stated that labor rights should come first before completing the receivables of the creditors.
18
Prabowo, Dwimo Gogy. "Legal Protection Workers in The Agreement in Photography Studio WHC Purwokerto." Authentica 1, no. 2 (February 24, 2020): 62–78. http://dx.doi.org/10.20884/1.atc.2018.1.2.12.
Повний текст джерелаАнотація:
Labor has a very important role in national development. Labor (man power) are residents who have or are working, looking for work and carry out other activities such as schools and care of the household. Thus the workers have their own rights and obligations that must be fulfilled, with the rules governing the employment and the employer to ensure that workers in the work. In addition, the worker and the employer must also have a working agreement that binds them. The basic working agreement should also contain provisions relating to the employment relationship, the rights and obligations of workers and the rights and obligations of employers. In the pre-study in WHC Studio Purwokerto I get the primary data that employees working agreement with his employer orally or in writing. In the execution of the workers in the WHC photography studio doing a lot of work outside of his agreement. Viewed from pre-study in WHC Studio orally there is agreement that ultimately there is no legal certainty in work and in remuneration, and therefore need further study.Keywords: legal protection; the Agreement; Employment
19
Nazymko, O. V. "STATE OBLIGATIONS REGARDING THE ACCOUNT OF THE NORMS OF INTERNATIONAL LABOR RIGHTS IN REGULATING LABOR RELATIONS." Law Journal of Donbass 67, no. 2 (2019): 65–71. http://dx.doi.org/10.32366/2523-4269-2019-67-2-65-71.
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Moertiono, R. Juli. "PERJANJIAN KERJASAMA DALAM BIDANG PENGKARYAAN DAN JASA TENAGA KERJA ANTARA PT. SINAR JAYA PURA ABADI DAN PT. ASIANFAST MARINE INDUSTRIES." Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat 18, no. 3 (April 29, 2019): 124–40. http://dx.doi.org/10.30743/jhk.v18i3.1329.
Повний текст джерелаАнотація:
The outsourcing system uses a cooperation agreement of differences in interests which are brought through an agreement. The cooperative relationship between outsourcing companies and companies using outsourcing services is certainly tied to a written agreement. PT. Asianfast Marine Industries intends to use the services of a security workforce, who is ready to meet the need for labor services and to carry out the business activities of the company, from a labor service provider company, PT. Sinar Jaya Pura Abadi. The cooperation agreement between PT. Sinar Jaya Pura Abadi and PT. Asianfast Marine Industries which intends to employ security workers contains 19 (nineteen) Articles i.e. purpose and objectives, general provisions, rights and obligations of the parties, duties and responsibilities of first parties, provisions concerning labor, wages and payment method, responsibility and compensation, work safety, dispute resolution. The rights and obligations of the company and the employed workforce are that PT. Asianfast Marine Industries is obliged to carry out the contents of the cooperation agreement which covers the employed workforce, and legal protection for the labor in the event of default.Keyword: Agreement, Cooperation, Labor
21
Hamid, Adnan. "The application of the rights and obligations of workers during the Covid-19 outbreak in Indonesia." International Journal of Business Ecosystem & Strategy (2687-2293) 3, no. 3 (December 10, 2021): 26–37. http://dx.doi.org/10.36096/ijbes.v3i3.269.
Повний текст джерелаАнотація:
This article aims to examine and analyze the rights and obligations of workers /laborers during the Covid-19 outbreak from the perspective of labor law in Indonesia. The complexity of the issue regarding the rights and obligations of workers has increased again when the Government and the House of Representatives of the Republic of Indonesia passed the Law on Job Creation or Undang-Undang tentang Cipta Kerja Nomor 11 tahun 2020 (UUCK No.11/2020). The research method used is a normative juridical approach. Normative juridical research is usually known as the study of documents, using qualitative methods in analyzing data and using secondary data as sources.The results of this study found that the labor and industrial relations sector, especially related to the rights and obligations of workers and employers, was initially strongly influenced by the development of globalization and information communication technology. Then, with the enactment of UUCK No.11/2020 as the latest labor law in Indonesia, and the outbreak of Covid-19, problems related to industrial relations have become increasingly complex. When viewed from the latest labor law in Indonesia, employers tend to have a stronger position when compared to the position of workers both in terms of interpretation and implementation. This is a challenge in national legislation so that legal efforts are needed to guarantee and provide legal certainty to business actors by applying sanctions in the form of criminal sanctions as ius poenale and ius puniendi.
22
Yudhi, Rifka. "INTRODUCING JUSTICE START UP IN LABOR LEGAL CONTEXT." PRANATA HUKUM 16, no. 01 (January 31, 2021): 60–70. http://dx.doi.org/10.36448/pranatahukum.v16i01.237.
Повний текст джерелаАнотація:
After graduating from college, almost all fresh graduates usually experience adilemma caused by the limitations or suitability of their competencies andopportunities, coupled with the presence of the Covid-19 pandemic. The commonopportunities chosen by fresh graduates include waiting for the momentum of the CPNS test, selecting BUMN employees, becoming private employees, and continuing their studies to the S2 level. However, this is not the case for Start Upwhich is barely even an option. The results of the discussion show that: (1) The increasing number of internet users in Indonesia, aspects of cost flexibility and ease of place, and starting to replace certain jobs either by applications or robots, should be able to be glimpsed by the younger generation who have lots of ideas and creativity in their fields to start a business up; (2) The start-up that is initiated must be fair and at least meet 3 (three) criteria: (i) the work relationship is based on a work agreement; (ii) The substance of the work agreement must include the type of work agreement, when it starts and ends, whether there is a probation period, work / tasks to be performed and responsibilities, the position given (if any), the amount of wages, facilities available, and rights. and other obligations, including when the employmentrelationship ends; (iii) efforts will be made to make efforts to meet decent livingstandards. work / tasks to be performed and responsibilities, the position given (if any), the amount of wages, facilities available, and rights. and other obligations, including when the employment relationship ends; (iii) efforts will be made to make efforts to meet decent living standards. work / tasks to be performed and responsibilities, the position given (if any), the amount of wages, facilities available, and rights. and other obligations, including when the employment relationship ends; (iii) efforts will be made to make efforts to meet decent living standards.
23
Palmisano, Giuseppe. "Trattamento dei migranti clandestini e rispetto degli obblighi internazionali sui diritti umani." DIRITTI UMANI E DIRITTO INTERNAZIONALE, no. 3 (December 2009): 509–39. http://dx.doi.org/10.3280/dudi2009-003005.
Повний текст джерелаАнотація:
- The legislative and operational measures recently adopted by Italy in order to prevent and repress clandestine immigration raise the problem of their consistency with Italy's international obligations conncerning the protection of human rights. With a view to assessing the actual terms of such a problem, contents and extent of the protection to be afforded to irregular migrants, under the international law of human rights, must be preliminarily determined. Considering the specific legal situation of Italy, in the light of its participation both to the European Convention of Human Rights and to the International Covenants on Human Rights, as well as to many other conventions dealing with the protection of human rights, it clearly turns out that Italy is internationally bound to respect and protect a number of basic rights of irregular migrants. Such rights include, at the very least, the right to life, the right not to be subjected to torture (or to cruel, inhuman, or degrading treatment), and the right not to be subjected to arbitrary arrest or detention. Respect for such rights also implies an absolute non-refoulement obligation, that is an obligation not to expel or return an irregular migrant to another State where there is an actual risk that his or her rights would be violated. Moreover, basic rights of clandestine immigrants include the right to family unity, the right not to be subjected to collective expulsion, and (closely linked with this latter right) the right to a fair and transparent procedure of expulsion or repatriation, implying a reasonable and objective examination of the particular case of each individual. Turning to economic, social and cultural rights, an internationally lawful treatment of irregular migrants requires compliance with international obligations protecting the right to health and medical care, the right to primary education, and some core labour rights. The principle of non discrimination plays obviously a crucial role in view of correctly implementing all these international obligations with respect to the specific situation of irregulars migrants. Lastly, special and stronger human rights protection is required when the irregular migrants are children, or victims of trafficking in persons. In the light of the international human rights obligations which are applicable to the peculiar situation of irregular migrants, some of the legislative and operational measures adopted by Italy to struggle against clandestine immigration seem indeed to be inconsistent not only with such obligations (and with the increasing international trend towards the "non criminalization" of clandestine immigrants by reason of their irregular position), but also - at least in part - with the EU legal standards provided for by the recent 2008/115/EC Directive on common standards and procedures for returning illegally staying third-country nationals. This seems to be true, for example, with regard both to the new Article 10 bis inserted in the Legislative Decree n. 286 on immigration, introducing the crime of clandestine immigration, and to the new paragraph 11 bis of Art. 61 of the Criminal Code, introducing a general aggravating circumstance consisting in the irregular status of the immigrant author of a crime. But this seems particularly true and blameworthy with regard to the practice of intercepting crumbling boats full of migrants on the high seas and coercively driving them back to Libya.
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ARNOLD, Denis G. "On the Division of Moral Labour for Human Rights Between States and Corporations: A Reply to Hsieh." Business and Human Rights Journal 2, no. 2 (July 2017): 311–16. http://dx.doi.org/10.1017/bhj.2017.9.
Повний текст джерелаАнотація:
AbstractIn a series of previous articles I have defended the claim that there are robust, theoretical justifications for concluding that corporations have human rights obligations and that those obligations are distinct from the larger set of human rights obligations that are properly attributed to states. Hsieh claims that corporations do not have human rights obligations. In this reply it is argued that even if one takes what Hsieh refers to as an ‘institutional approach’ to understanding the human rights obligations of states, corporations are nonetheless properly understood to have human rights obligations regarding those with whom they interact, such as workers, customers and community members.
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Pohorielova, O. "THE PROTECTION OF OWNERS' CORPORATE RIGHTS AND EMPLOYEES' LABOUR RIGHTS: JUDICIAL PRACTICE ANALYSIS." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 111 (2019): 49–55. http://dx.doi.org/10.17721/1728-2195/2019/4.111-10.
Повний текст джерелаАнотація:
The article is devoted to the issue on protecting the employees' labour rights in case of an employment dispute, which is considered regarding corporate rights of company owners. The article emphasizes that during work employees are bearing more and more rights and obligations that are realized in different types of relationships. It is also stated that in case of disputes arising from employment relations, courts need to take into ac- count basic factors of labour law. The purpose of this article is to develop proposals for to improving the mechanism of for the protection of emplyees' labour rights. In order to achieve this goal, the author analyses judicial practice regarding the protection of employees' labour rights in disputes related to business entities' functioning, as well as it reveals the contractual nature of labour relations and formulates the proposals on creation of legal conditions for the pro- tection of employees' labour rights. The subject of the study is the judicial protection of company owners' corporate rights and the labour rights of employees. The object of the study is the protective legal relations that arise in the process of resolving labour disputes by the courts of Ukraine. The deductive method used in the work made it possible has allowed the author to substantiate the need for a clear distinction between labour and corporate rightslaw, consider- ing labour disputes and as well as the necessity to take into account the specifics of the method of legal regulation in labour law, in particular the contractual nature of the entrenching of on rights and obligations. The method of induction has revealed the theoretical and practical problems of the distinction between corporate and labour rights. The theo- retical and prognostic method has been used to substantiate the proposals for the improvement of labour legislation to protect the labour rights of employees. Categories and methods of formal logic have been widely used in the work: concepts, definitions, proofs, judgments, analysis, synthe- sis, analogy, comparison, generalizations, etc. The paper focuses on the judicial bodies' powers on the necessity to allocate the specialization of judges for the consideration of labor cases. Based on the case law analysis, the improvement of the national labour legislation on wrongful dismissal is proposed. In fact, every court case in which labour disputes are settled has its own peculiarities and specifics, which in its turn requires the specialization of judges who have to consider labour disputes. It is the specialization of judges in Ukraine that will provide an opportunity not only to guarantee the emploees' labour rights, but to practically improve the mechanism for the protection of employees' labour rights enshrined in collective and employmentagreements.
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Крылов, Дмитрий, and Dmitriy Krylov. "Accounting of Obligations That Are Formed in Connection with the Employees’ Right for Paid Leave." Auditor 5, no. 10 (November 7, 2019): 30–39. http://dx.doi.org/10.12737/article_5dae9d6dce37e6.10168550.
Повний текст джерелаАнотація:
Th e article examines the obligations that arise from the parties to the employment contract in connection with the established labour laws the right of employees for paid leave. In the article, it is off ered to refl ect the employee’s obligations, which arise from providing them paid leave for not worked months, as accounts receivable. Such a change in the method of refl ecting the obligations of the employees will allow Russian accounting to be complied with labor law and improve the quality of fi nancial statements.
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Hsieh, Nien-hê. "The Obligations of Transnational Corporations: Rawlsian Justice and the Duty of Assistance." Business Ethics Quarterly 14, no. 4 (October 2004): 643–61. http://dx.doi.org/10.5840/beq200414437.
Повний текст джерелаАнотація:
Abstract:Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations (TNCs) that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the governments of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice.
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Morotjono, Iqbal Ghani, and Arief Cholil. "Legal Review On Agreement Between Labor With Employers Based On Act No. 13 Of 2003 Concerning Employment In Ud. (Business Trade) Endah Pratama Pati Regency." Jurnal Akta 6, no. 3 (September 25, 2019): 597. http://dx.doi.org/10.30659/akta.v6i3.5114.
Повний текст джерелаАнотація:
The employment agreement is an agreement made by business owners with employees. Trace Article 1 point 14 of Act No. 13 of 2003 on Labor, employment agreement is an agreement between the workers / laborers with employers which contains the terms of employment, the rights and obligations of the parties. The agreement may be written and unwritten. Unwritten agreement has the disadvantage not have the force of law when the future of a dispute between workers and employers. In this case related to the employment relationship between employers and employees in UD. Endah Pratama Pati regency, Central Java.This study aims to find out how conduciveness workers in a company that does not implement a written agreement for workers. And how treatment can be done if the aggrieved party both employers and workers.UD leaders of Endah Pratama with workers can be said to be communicative in terms of implementation of the work. Although the company already provides rights and obligations of workers, slow lorises future still does not close a dispute in matters of workKeywords: Employment Agreement; No Written Agreement; Rights And Obligations Of Workers Act No. 13 of 2003 on Manpower.
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Chesalina, O. V. "Novelties of the Legislation on Distance (Remote) Work: A Comparative Legal Analysis." Actual Problems of Russian Law 16, no. 9 (October 24, 2021): 99–113. http://dx.doi.org/10.17803/1994-1471.2021.130.9.099-113.
Повний текст джерелаАнотація:
The paper analyzes the novelties of the Labor Code of the Russian Federation regarding the regulation of distant (remote) work given the national and foreign experience in application and regulation of remote work, including the coronavirus pandemic situation. The paper gives particular attention to such topical practical issues of distant work as: types of distant (remote) work; the ratio of home and distant work; regulation of the working time ofdistant workers; the rights and obligations of employees and employers in connection with the use of distant work, including the “right to be offline”; issues of combining distant work with family responsibilities; social insurance of distant workers. Given the recommendations of the International Labor Organization, the legislation and judicial practice of the European Union, the experience of foreign countries, the author scrutinizes the novelties of the Labor Code of the Russian Federation and makes some proposals to improve distant work regulation. In particular, the author propose to aim at protecting the rights of distant workers and ensuring a balance of interests of workers and employers when using distant work mode, as well as eliminating gaps in the legal regulation of distant work.
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Tiri, Edvana. "THE CONTRACT OF EMPLOYMENT AND THE RIGHTS OF EMPLOYEES IN ALBANIA." Revue Européenne du Droit Social 52, no. 3 (June 1, 2021): 43–49. http://dx.doi.org/10.53373/reds.2021.52.3.024.
Повний текст джерелаАнотація:
The purpose of this paper is precisely the theoretical-practical treatment of the employment contract under the Labor Code. The employment contract is an important legal instrument. The parties in agreement with each other determine their rights and obligations. The contract has great importance for the employer and it is necessary for him to be recognized with his position in the company and institution. This paper will try to express the concept and the importance of the employment contract and the rights of employees by regulating their relationship through the employment contract.
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Šāberte, Laura, Dace Tarasova, and Karina Palkova. "Ārstniecības personas tiesības paust savu reliģisko pārliecību darba tiesiskajās attiecībās." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no. 20 (2021): 188–211. http://dx.doi.org/10.25143/socr.20.2021.2.188-211.
Повний текст джерелаАнотація:
The rights of medical practitioners are broadly defined in both national and international legislation. The scope of the rights of medical practitioners is evolving along with the development of certain sub-sectors of the field of law. One of the topical issues in the context of the exercise of the rights of medical practitioners is the right of medical practitioners to express their religious beliefs from the Labor law perspective. The right of medical practitioners to freedom of religion is to be seen as part of human rights as well. Member States that have acceded to human rights instruments that protect the right to freedom of religion do not have the right to intervene and take coercive measures to change these views. The right to freedom of religion at the level of human rights applies to a medical practitioner as an individual living in a democratic society and as a person with a medical education who is engaged in medical treatment or prevention, diagnosis and treatment, medical rehabilitation and patient care has rights and obligations within the framework of the activity. The aim of the article is to study the right of medical practitioners to express their religious beliefs in employment relations, as well as to identify problematic issues researching the case law of the CJEU and the ECtHR.
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Chkhikvadze, Viktor M. "Personality and the State: mutual responsibility." Gosudarstvo i pravo, no. 2 (2022): 180. http://dx.doi.org/10.31857/s102694520018863-0.
Повний текст джерелаАнотація:
The problem of mutual responsibility of man and society is considered from the point of view of further development of socialist legislation establishing mutual rights and obligations. On the part of the state, it is ensuring the comprehensive development of the individual by securing appropriate legislative and institutional guarantees for the protection of rights and freedoms, and for a person, it is an active activity that includes compliance with and application of legal norms, judicial protection of their rights and interests. In the aspect of solving this problem, the trends in the development of labor, civil, and criminal legislation of that period are considered.
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MARTINS, ANDREIA DE FÁTIMA HOELZLE, and WESCLEY SILVA XAVIER. "Refugees right to work: the characteristics of Brazilian migration policies from the end of World War II to 2019." Cadernos EBAPE.BR 19, no. 2 (June 2021): 325–37. http://dx.doi.org/10.1590/1679-395120200028.
Повний текст джерелаАнотація:
Abstract This article aims to understand the characteristics of migration policies targeted at refugees, especially concerning the right to work, from the end of World War II to 2019. Migration policy can be defined as the rights and obligations of migrants, including the guarantees and regulations immigrants have when residing in a foreign country. Labor shortages, national security, international treaties, and humanitarian issues are often recurring concerns in migration policy management. This study relied on scientific, journalistic and institutional (legislative) sources available in digital media. Documentary data analysis focusing on themes regarding migration policy, refugees, and refugee employment were used. As a result, it has been concluded that Brazil had inherited conservative, nationalist, and racist policies in the scope of migration. Furthermore, regardless of the progress made during the democratic period, there is still room for improvement in refugee assistance following its legalization in the country. The right to work and the documentation required to work legally are safeguarded to immigrants recognized as refugees. It also includes groups who have acquired the right to validate their qualifications. Nonetheless, the policy has failed to ensure access to employment and protect these groups from performing illegal work without labor rights, which, in turn, highlights the need for public policies that may intervene in this regard. In conclusion, we show the relevance of migration policies to the legal recognition of refugees’ rights, especially concerning their right to work.
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Bartels, Lorand. "Human Rights and Sustainable Development Obligations in EU Free Trade Agreements." Legal Issues of Economic Integration 40, Issue 4 (November 1, 2013): 297–313. http://dx.doi.org/10.54648/leie2013016.
Повний текст джерелаАнотація:
Since the early 1990s, the EU's trade agreements have included a 'human rights clause' requiring the parties to respect human rights and democratic principles. More recently, beginning with the 2008 EU-Cariforum Economic Partnership Agreement, they have also included 'sustainable development' chapters, which contain obligations to respect labour and environmental standards. This article considers the extent to which, legally, these two sets of provisions give the EU the means of implementing its obligations to ensure that its external activities respect human rights and pursue the objective of promoting sustainable development. It also considers the desirability of these differences in the EU's approach to the human rights and democratic principles, on the one hand, and labour and environmental standards, on the other.
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Nazifah, Nazifah, Dewa Gede Sudika Mangku, and Ni Putu Rai Yuliartini. "Fulfillment of Labor Rights for Persons with Disabilities in Indonesia." International Journal of Criminology and Sociology 10 (December 31, 2020): 272–80. http://dx.doi.org/10.6000/1929-4409.2021.10.33.
Повний текст джерелаАнотація:
The purpose of this research is to fulfill the rights of persons with disabilities to obtain jobs following their fields without reducing their rights. The research method used is normative juridical with literature study. Decent work is a right for every human being without exception. Various racial, ethnic, and religious backgrounds that are part of a human's identity do not become a barrier for him to get his right. Likewise with the physical or non-physical conditions that underlie a human being. Every human being who has a certain physical or non-physical background also has the same rights to get decent work, including persons with disabilities. The State of Indonesia ratified the Convention on the Rights of Persons with Disabilities into Law Number 19 of 2011. In the preamble of the law, it was explained that the countries that signed the convention had the obligation to promote and protect the rights and dignity of persons with disabilities and promote their participation in the civil, political, economic, social, and cultural spheres is based on equal opportunities, meaning that the Indonesian Government is obliged by law to fulfill the rights of persons with disabilities, especially about the right to work in Indonesia.
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Hunt, Gerald. "Sex Differences in a Pink-Collar Occupation." Articles 48, no. 3 (April 12, 2005): 441–60. http://dx.doi.org/10.7202/050872ar.
Повний текст джерелаАнотація:
The duty of fair representation, counterpart to the power of representation of the certified association, has been studied under three different aspects, namely: its origin, foundation and scope. No attempt has as yet been made, however, to identify and categorize the obligations arising from the duty of fair representation. This article, then, aims at presenting an analytic framework which encompasses the various underlying obligations pertaining to the general interdictions of acting in bad faith or in an arbitrary or discriminatory manner, or of showing serious negligence, as stipulated in section 47.2 of the Quebec Labour Code, and at analyzing the scope of such obligations. General interdictions, as set out in section 47.2 of the Labour Code, are split into two distinct categories of obligations, namely: "obligations which specifically apply to representative duties' and "obligations which pertain to the intensity of such representation". Obligations which specifically apply to representative duties follow from the interdictions of acting in bad faith or in an arbitrary or discriminatory manner. Such obligations differ from "individual responsibilities" which rest with the certified association according to the applicable collective agreement as well as to the grievance which it is called upon to handle, as in the case of formalities with regards to the observance of the internal procedure and of the procedure for grievance arbitration. Obligations which specifically apply to representative duties, as opposed to individual responsibilities, do so indistinctly for the certified association, the salaried employee concerned or the collective agreement on which the grievance is based. The author identifies three types of obligations arising from the interdictions of acting in an arbitrary manner: the obligation to act within the boundaries of the power of representation, the duty to act fairly and the duty to act impartially. The obligation to act within the boundaries of the power of representation prohibits the certified association from refusing to file a grievance, from withdrawing such grievance or from settling it to the detriment of the salaried employee based on grounds conflicting with the collective agreement, on grounds which are extraneous to the dispute, or on a patently erroneous assessment of the basis for the grievance. The duty to act fairly comes into play at various stages of the arbitration procedure. It obliges the association tobe in full knowledge of the facts before it makes decisions in connection with the grievance, and to respect the salaried employee's right to be heard. The duty to act impartially forbids the association from placing itself in a conflict of interest situation with the bargaining unit's salaried employees. The author identifies three cases which are apt to result in the association's being placed in a conflict of interest situation with the salaried employees who are challenging the administrative or disciplinary measure which is being imposed upon them: the association having an internai management problem which opposes it to a salaried employee; the association which allows the employer to participate in its power of representation; the association which participâtes in the management System. The duty to act in a non-discriminatory manner constitutes yet another obligation which specifically relates to representative duties. In this context, the term "discriminatory" is used in a broader sense than that attributed to it by the Charter ofHuman Rights and Freedoms.Clearly, the certified association may not act indiscriminately when it bases its actions on grounds which are discriminatory within the meaning of this law, which prohibits directly acting in a discriminatory manner or acting in a manner which is discriminatory by prejudicial effect. As well, based on inequitable criteria, the association may be unable to distinguish salaried employees' benefits or rights. As opposed to specifie obligations which apply to behaviour, the second category of obligations pertains to the quality of the behaviour rather than to the behaviour itself. Thus, obligations arising out of the interdictions of acting in bad faith or of showing serious negligence, serve to qualify the intensity of the obligations which specifically apply to representative duties, and of individual responsibilities, which rest with the certified association by virtue of the collective agreement. Bad faith refers to malicious, fraudulent, malevolent and hostile behaviour. It worsens the fallure to meet a specific obligation or a particular responsibility. Serious negligence, on the other hand, may be assessed according to the diligence with which the association exercises its power of representation. The author notes that, as a rule, the Labour Court and courts of justice impose an obligation to act diligently with regards to obligations which specifically apply to representative duties. In several cases, however, the mere fact of contravening the specifie obligation constitutes lack of diligence. Nevertheless, the Labour Court and courts of justice adopt different positions when it comes to assessing what constitutes fallure to meet an individual responsibility, as required according to the collective agreement. The Labour Court imposes an obligation to act diligently, whereas courts of justice tend to require proof that acting in bad faith has occurred before deciding upon fallure to meet the duty of representation. In conclusion, the author wishes to emphasize that underlying obligations to the duty of fair representation apply only when the association exercises its power of representation which is conferred upon it by virtue of its certification. In other cases of representation, the association should be bound to fulfil the obligations of the mandatory.
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Irham, Irhammudin, and Ibrahim Fikma Edrisy. "Implementasi Hukum Terhadap Tenaga Kerja Perempuan Yang Bekerja Pada Malam Hari (Studi Pada Pekerja Hotel Lee Bandar Jaya Lampung Tengah)." IBLAM LAW REVIEW 2, no. 1 (January 31, 2022): 92–109. http://dx.doi.org/10.52249/ilr.v2i1.58.
Повний текст джерелаАнотація:
Legal protection for workers is the fulfillment of basic rights inherent and protected by the constitution as regulated in Article 27 Paragraph (2) of the 1945 Constitution. Article 33 Paragraph (1) of the 1945 Constitution also states that the economy is structured as a joint effort of kinship. Violation of basic rights protected by the constitution is a violation of human rights. The sovereignty of a country is stated in the constitution which regulates the basics of the state and guarantees the rights and obligations of its citizens. Law Number 13 of 2003 concerning Manpower is one solution in protecting workers and employers regarding the rights and obligations of each party. Labor protection is regulated more clearly in Article 67 to Article 101 covering the protection of workers with disabilities, children, women, working hours, occupational safety and health, wages and welfare. In principle, the Manpower Law protects and regulates the rights and obligations of both workers and employers. In its implementation, various kinds of problems may arise that can harm the workforce itself, especially with regard to legal protection for female workers. Therefore, this study wants to reveal the form of legal protection that should be received by female workers who work at night. especially with regard to the legal protection of female workers. Therefore, this study wants to reveal the form of legal protection that should be received by female workers who work at night. especially with regard to the legal protection of female workers. Therefore, this study wants to reveal the form of legal protection that should be received by female workers who work at night.
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Подорожній, А. Ю. "General Theoretical Characteristics of the Institution of Disciplinary Liability in Labor Law." Bulletin of Kharkiv National University of Internal Affairs 90, no. 3 (September 23, 2020): 78–84. http://dx.doi.org/10.32631/v.2020.3.08.
Повний текст джерелаАнотація:
It has been specified that disciplinary liability should be understood as the employee’s obligation to stand surety to the employer, who is endowed with the disciplinary authority, for his violation of labor discipline in the form of non-performance or improper performance of his labor duties due to the employee and as the result, bear negative consequences provided by labor law.
It has been substantiated that the purpose of disciplinary liability has two aspects: the first is to ensure proper discipline in order to ensure the further effective functioning of the enterprise (organization, institution, etc.), and therefore its presence is an important preventive measure of disciplinary offenses’ commission. The second aspect is to apply negative measures to the offender, which, in turn, allows to restore the violated labor (including official) rights, to avoid the negative consequences of the offense and to educate the employee in the spirit of legality and discipline.
The main tasks of disciplinary liability include: to ensure the compliance with labor discipline by each employee in performing their duties; to create comfortable working conditions for each employee (state official); to create a favorable, friendly atmosphere in the team; to punish the employee who committed a disciplinary offense; to prevent situations, when an employee may commit a disciplinary offense.
It has been argued that the functions of disciplinary liability are: educational, punitive, protective, stimulating, renewing, informative, preventive and staffing.
It has been generalized that the essence and content of disciplinary liability as an institution of labor law are as follows: first of all, despite the fact that disciplinary liability, is although a kind of legal liability, it has its own characteristics inherent in labor law; secondly, the employer is not obliged to apply penalties to the violator of labor discipline, such application is his right; thirdly, the employee, in turn, is responsible to the employer and not to the state for non-compliance with labor discipline, i.e. for culpable improper performance of obligations imposed by the employment contract.
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Golovinov, Alexandr, and Yulia Golovinova. "The Concept of "Women's Rights" and Constitutional Freedom of Labor: Terminology Clarifications and Implementation Problems." Legal Linguistics, no. 22(33) (December 27, 2021): 24–27. http://dx.doi.org/10.14258/leglin(2021)2204.
Повний текст джерелаАнотація:
The publication is aimed at defining the essence of the concept of "women's rights". The article shows that the concept of “women's rights” is widely used in the system of normative legal acts in Russia. The domestic legislator, resolutely opposing gender asymmetry, understands the rights of women as a system of integral and inalienable rights, freedoms and obligations for every woman, girl, adolescent girl, regardless of her age, citizenship, race, ethnic or religious affiliation.
Using hermeneutic tools, an attempt is made to show the content and problems of the implementation of the labor rights of females. The article emphasizes that horizontal segregation develops under the influence of many factors due to the mentality and preference of various types of activities for men and women. Ultimately, women in general end up with lower income jobs.
The authors found that the problems in Russia are the separation of professions into "male" and "female", which entails different wages; the feminization of poverty and unemployment; horizontal professional mobility for women. The increasing number of appeals associated with the violation of the socio-economic rights of women and their making the most of their labor potential become the subject of justice, in particular of constitutional justice in the Russian Federation.
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Ilkiv, N. V., and O. V. Ilnytskyi. "The implementation of the practice of the European court of human rights in the national mechanism of protection of the right to safe working conditions." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 73–78. http://dx.doi.org/10.24144/2788-6018.2021.03.13.
Повний текст джерелаАнотація:
The constitutional obligation of the Ukrainian state to provide all citizens with protection of their health and life in the course of labor activity. It consists in legislative enshrinement of legal norms that determine the conditions and procedure for exercising the constitutional right of citizens to proper, safe and healthy working conditions, means of protection of this right, as well as legal mechanisms to protect this right in case of violation. The application of the case law of the European Court of Human Rights as a source of law by the courts actualizes the study of its decisions on the protection of the right to safe working conditions.
Ensuring safe working conditions is an important task in the context of the goals of sustainable development is defined in the article. The position of the European Court of Human Rights needs to be implemented into national legislation. The safety and hygiene of the working environment must not harm the life and health of the worker, and the state must provide citizens with an appropriate level of legal regulation and administrative procedures to protect their right to life and health, including in the work environment.
The right of the employee to safe and healthy working conditions is a component of the right to life in the position of the European Court of Human Rights. The positive obligation of the state to introduce an effective legislative mechanism for the protection of life also applies in the context of safety and health at work. The exercise of the right to adequate, safe and healthy working conditions in the practice of the European Court of Human Rights is carried out by examining compliance with the positive obligation of the state to create the necessary legal and administrative conditions and procedures to protect the lives and health of citizens (employees). It provides for the issuance of regulations, instructions or recommendations on the organization of labor protection, as well as ensuring appropriate supervision and control in the field of labor.
The creation of legislative and administrative mechanisms for the protection of the right to life, in which safety and labor protection are necessary components of its legal support, is Ukraine’s obligation.
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Radaev, A. G. "European Social Charter: basic guarantees of social and labor rights." Juridical Analytical Journal 16, no. 1 (November 13, 2021): 15–24. http://dx.doi.org/10.18287/1810-4088-2021-16-1-15-24.
Повний текст джерелаАнотація:
This article is devoted to the legal analysis of provisions of the European Social Charter, as the main international normative act regulating legal relations in the field of social and labor rights of workers, as well as identifying the features of the system of international cooperation in this area. The article touches upon the problem of institutional and conventional interaction of subjects of international law. The issues of the structure and content of both the European Social Charter and its basic norms governing the sphere of social and labor rights are considered. Attention is drawn to the fact that 60 years have passed since the adoption of this international legal act, which was opened for signature on October 18, 1961 in Turin. In the jubilee year, there is every reason to recall the history of the adoption and entry into force of the European Social Charter, its revision in 1996 and the ratification of this international legal act by the Russian Federation after a long period after the official signature. The article also concerns certain problems of reforming domestic legislation in the field of social rights and guarantees in accordance with European standards. The problems of the implementation of the norms of the European Social Charter governing legal relations related to social rights and guarantees of workers into the modern legislation of the Russian Federation are touched upon. On this basis, it is concluded that it is necessary and advisable to include in Russian legislation the provisions of the European Social Charter on additional guarantees for the protection of social, labour and economic rights. It was found that certain norms of the European Social Charter, which provide guarantees of rights to migrant workers, are not fully included in domestic legislation. Comparative legal analysis of the compliance of the legislation of the Russian Federation with the provisions of the European Social Charter shows that the legal foundations of social and economic guarantees of the rights of Russian citizens are basically consistent with the provisions of the Charter. At the same time, it is stated that the level of guarantees actually provided is determined by the capabilities of the state. Further development of the social and labor sphere in the country makes it possible to approach the standards proclaimed in the Charter, which makes it possible to fulfill the obligations assumed upon its ratification. Russias accession to the European Social Charter and its ratification undoubtedly strengthened the position of our state in relations with other countries, increased the level of protection of social, labour and economic rights in the country. It is advisable to discuss issues of ensuring the implementation of the provisions of the European Social Charter in the Russian legal system in order to further improve national legislation, improve the level and quality of life in our country.
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Pidpala, Iryna. "Features of seafarers employment contracts." Journal of Education, Health and Sport 9, no. 11 (November 29, 2019): 455–65. http://dx.doi.org/10.12775/jehs.2019.09.11.042.
Повний текст джерелаАнотація:
This article has explored the features of the employment contract of seafarers. The parties to this contract are the seafarer and the shipowner, who have their own subjective rights and obligations, which are defined as contracts of tax and labor law in general. Legal regulation of contracts is carried out by both international and labor legislation of the sailor's country. Objective features of seafarers' labor relations necessitate the establishment of special norms regulating working crew members of seagoing vessels, because they perform the labor functions of seafarers, attract grounds for sectoral differentiation of legal regulation of their work. Certainly, seafarers must be very attentive when concluding a contract, pay attention to the minimum list of clauses of the employment agreement, do not sign an incomplete agreement, make sure about the specified wages, compensation payments, and other conditions, show legal literacy.
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Yaroshenko, Oleg, Nataliia Melnychuk, Sergiy Moroz, Olena Havrylova, and Yelyzaveta Yaryhina. "Features of Remote Work in Ukraine and the European Union: Comparative Legal Aspect." Hasanuddin Law Review 7, no. 3 (December 1, 2021): 136. http://dx.doi.org/10.20956/halrev.v7i3.3218.
Повний текст джерелаАнотація:
The relevance of the study is based on the development of scientific and technological progress and the expansion of the labor market, including in the framework of international cooperation. Moreover, the introduction of quarantine due to the spread of Covid-19 has led to increased attention to remote work. The aim of the study is to analyze the legal aspects of remote work in accordance with the labor legislation of Ukraine and the European Union, focusing on the concept of remote work, the rights and obligations of remote workers. In our study, we determined that in the European Union, the key points in relation to the rights granted to teleworkers, which the countries parties to the agreement have undertaken to incorporate into their national legislation and collective agreements, are data protection; the voluntary nature of telecommuting; equipment; organization of working time; privacy. The originality of the study is based on more effective ways to improve labor productivity in Ukraine, labor discipline, compliance with labor guarantees for remote work. It is necessary to revise and legislatively regulate the key principles of compliance by employees with labor discipline, providing the employee with proper working conditions, supporting the employer in search of new opportunities to provide employees with work, improving the technical aspects of ensuring the relationship between business and government, responsibility for results and the labor process.
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Obukhova, Galina. "Analysis of Procedural Rules in Individual Institutions Labour Law." Herald of Omsk University. Series: Law 17, no. 3 (October 19, 2020): 68–77. http://dx.doi.org/10.24147/1990-5173.2020.17(3).68-77.
Повний текст джерелаАнотація:
Introduction. The article deals with procedural and procedural rules of certain institutions of labor law,
which contain rules that define the special rights and obligations of subjects, fixing their social and labor rights
and interests. The author substantiates the need for detailed regulation of the procedure for implementing such
norms, since the sequence of their application and compliance directly affect the normal development of labor
relations. Purpose. The purpose of this work is a comprehensive analysis of procedural and procedural rules of
labor law based on the study, analysis and generalization of the scientific base, current legislation and practice
of its application. Methodology. In the process of achieving the goal and solving the set tasks, the general
scientific dialectical method of cognition, as well as logical, system, historical, comparative legal and formal
legal methods were used. Results. In the course of the research, we come to the conclusion that some
procedural rules of certain institutions of labor law have numerous gaps and often in relation to the process or
production, we are always talking only about legal activity. The implementation of almost all substantive rules
requires procedures or, in other words, procedural rules. Conclusion. Procedural and legal norms are a
relatively independent element of the mechanism of legal regulation of labor relations. The official application of
any substantive law should be carried out in a specific procedure, which distinguishes the subject of the
enforcement order of its work and relationship with the requiring party, the right of appeal against
enforcement, etc. All require further elaboration and regulation.
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Chen, Bin, Tao Liu, and Yingqi Wang. "Volatile Fragility: New Employment Forms and Disrupted Employment Protection in the New Economy." International Journal of Environmental Research and Public Health 17, no. 5 (February 27, 2020): 1531. http://dx.doi.org/10.3390/ijerph17051531.
Повний текст джерелаАнотація:
This research is based on empirical surveys conducted in two Chinese cities, Beijing and Chengdu, which examine employment relationships, labor protection and social protection in the new digital economy. Through these theoretically informed surveys on various forms of employment via online platforms, we have found that the organizational principles and functional patterns of employment have profoundly transformed in the epoch of digitalization. The traditional employment relationship characterized by written contracts with clearly defined entitlements and obligations for employers and employees have been increasingly substituted by new volatile, fluid and fragile employment forms, softening the labor rights and social rights of “digital employees” and strengthening social control over them through online evaluation systems supported by smart phones and apps. The employees engaged in the online sharing economy have become more individualized and atomized than ever before, resulting in the emergence of an unorganized and disenfranchised “digital working class”.
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Palvanov, Aziz. "CIVIL LAW REGULATION OF THE PROVISION OF LEGAL SERVICES TO BUSINESS ENTITIES." American Journal of Political Science Law and Criminology 03, no. 01 (January 1, 2022): 86–92. http://dx.doi.org/10.37547/tajpslc/volume04issue01-14.
Повний текст джерелаАнотація:
Reforms are a multifaceted and lengthy process, the most important areas of which are the creation of perfect legislation, ensuring its unconditional implementation, improving the legal culture of the population and officials, a clear definition of the rights and obligations of citizens, state authorities and administration. An important role in this process is played by the activities of state authorities and administration, as well as legal services of economic entities. Legal service of these bodies and economic entities - from the process of preparation, legal expertise, adoption of draft regulatory legal acts to ensuring their implementation; conclusion, amendment, termination and execution of business contracts; ensuring the safety of property by legal means; compliance with labor legislation and strengthening labor discipline; protection of the rights and legitimate interests of the relevant authorities and business entities in courts and other organizations; takes an active part in legal education.
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Yunus, Nur Rohim, Annissa Rezki та RR Dewi Anggraeni. "Конституционные Права Работников На Правовую Защиту И Определенность (Constitutional Rights of Workers in Obtaining Protection and Legal Certainty)". SALAM: Jurnal Sosial dan Budaya Syar-i 7, № 9 (22 липня 2020): 843–54. http://dx.doi.org/10.15408/sjsbs.v7i9.16590.
Повний текст джерелаАнотація:
Abstract:There are so many conflicts between companies and workers, and these conflicts often end up in court. At certain moments workers are declared winners and the company is obliged to pay the right to obligations as a provider of labor. Workers hope to receive all rights and be protected by law which can overshadow and protect the existence of workers, both individually and as a group. This research uses descriptive qualitative research methodology and refers to the 1945 Constitution of the Republic of Indonesia as the main legal foundation and other laws and regulations.Keywords: Legal Protection, Constitutional Rights, Workers' Rights Аннотация:Существует много конфликтов между компаниями и работниками, и эти конфликты часто заканчиваются в суде. Бывают случаи, когда работники объявляются победителями, и компания обязана оплачивать права по обязательствам как работодатель. Рабочие надеются получить все свои права и быть защищены законом как индивидуально, так и в составе группы. В этом исследовании используется описательно-качественная методология исследования и упоминается Конституция Индонезии 1945 года в качестве основного правового закона и другие законодательные акты, представленные ниже.Ключевые слова: Правовая защита, Конституционные права, Права работников
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Han, Ji Sun. "The EU-Korea Labour Dispute: A Critical Analysis of the EU’s Approach." European Foreign Affairs Review 26, Issue 4 (December 1, 2021): 531–52. http://dx.doi.org/10.54648/eerr2021041.
Повний текст джерелаАнотація:
On 4 July 2019, the EU formally requested the Panel of Experts to be convened under Article 13.15 of the EU-Korea Free Trade Agreement (FTA). The gist of the dispute revolved around Korea’s compliance with its labour rights obligations under the Trade and Sustainable Development (TSD) Chapter of the FTA. The Panel of Experts gave its decision on 20 January 2021, making several recommendations for Korea to amend its domestic legislation. As a result of the EU-Korea labour dispute, Korea ratified three International Labour Organisation (ILO) Conventions and made amendments to its Trade Union and Labour Relations Adjustment Act (TULRAA). While the dispute has yielded some successful results for the EU, this article examines shortcomings of the EU’s approach to promoting labour rights in its relations with Korea, and remaining challenges as regards Korea’s obligations under the TSD Chapter. European Union, external relations, labour rights, EU-Korea Free Trade Agreement, Trade and Sustainable Development, labour dispute, Panel of Experts, freedom of association, forced labour
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Obokata, Tom. "Illicit Cycle of Narcotics from a Human Rights Perspective." Netherlands Quarterly of Human Rights 25, no. 2 (June 2007): 159–87. http://dx.doi.org/10.1177/016934410702500202.
Повний текст джерелаАнотація:
The purpose of this article is to analyse the illicit cycle of narcotics within a human rights framework. It begins by illustrating the benefits of adopting a human rights framework, such as its ability to promote victim-centred and holistic approaches. The article then identifies key human rights issues such as poverty, forced labour, law enforcement practices and addiction to narcotics. It continues with an analysis of the nature and the extent of obligations imposed upon States. This article focuses on three categories of human rights obligations to address: 1) the supply of narcotics; 2) narcotics trafficking; and 3) the demand for narcotics. The main conclusion reached is that a human rights framework can strengthen the global action against the illicit cycle of narcotics.
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Goodwin-Gill, Guy S., R. K. Jenny, and Richard Perruchoud. "Basic Humanitarian Principles Applicable to Non-Nationals." International Migration Review 19, no. 3 (September 1985): 556–69. http://dx.doi.org/10.1177/019791838501900310.
Повний текст джерелаАнотація:
This article seeks to: 1) examine the general status in international law of certain fundamental human rights, to determine the minimum “no derogation” standards; and 2) survey briefly a number of formal agreements between states governing migration matters, while examining some of the standard-setting work undertaken by the International Labor Organization and other institutions. Finally, certain conclusions will be drawn regarding the content and administration of the relevant law, in the light of the requirement to ensure the effective and efficient implementation of international legal obligations.