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1
PIDPALA, I. V. "SAILOR AS A SUBJECT OF INTERNATIONAL LABOR LAW." Scientific Journal of Public and Private Law, no. 1 (2021): 44–52. http://dx.doi.org/10.32844/2618-1258.2021.1.8.
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2
Seliverstov, M. V., and G. N. Nazarbekova. "THE CONCEPT OF THE SUBJECT OF LABOR LAW AND ELEMENTS OF LABOR LAW LEGAL PERSONALITY." Vestnik of the Kyrgyz-Russian Slavic University 21, no. 7 (2021): 105–9. http://dx.doi.org/10.36979/1694-500x-2021-21-7-105-109.
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3
Denisyuk, M. "APPROACHES TO UNDERSTANDING LABOR AS A SUBJECT OF LABOR RELATIONS." Social Law, no. 2 (April 21, 2019): 151–55. http://dx.doi.org/10.37440/soclaw.2019.02.23.
Повний текст джерелаАнотація:
The article is devoted to the analysis of the concept of the labor collective in the laws of our stateand the doctrine of law, the role of this subject in the process of enterprise management is defined, theproblems of the definition of the labor collective as a separate subject of labor relations are singled out.Mentioned on the ways to solve the problems. It is noted that the participation of employees in the management of the enterprise creates a legal way of realizing the socio-economic interests of members ofthe labor collective.
4
Бондаренко, Эльвира, and Elvira Bondaryenko. "Municipality as a Subject of Labor Legal Relations." Journal of Russian Law 1, no. 11 (October 21, 2013): 93–97. http://dx.doi.org/10.12737/1145.
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5
Obushenko, Nataliya. "Object of systematization of labor legislation." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2021): 142–48. http://dx.doi.org/10.31733/2078-3566-2021-3-142-148.
Повний текст джерелаАнотація:
The article analyzes and clarifies that the systematization of labor legislation, like any other social activity, is characterized by the presence of its own object, the study of which will allow a more meaningful understanding of its essence, purpose and mechanism of operation. The article states that the object of knowledge can be all reality, but only to the extent that it has entered the scope of the subject. The concepts of «object» and «objective reality» are related, but not identical in meaning. The object is not the whole objective reality, but only that part of it which has already entered the practice of mankind and constitutes the circle of its cognitive interests. In the field of law, the object is understood as the purpose of the regulatory influence of law, activities and interests of legal entities. Analyzing the essence of the object of legal relations, it is determined that the issues related to the object of legal regulation are the most complex in the theory of legal relations. An object is a part of the objective reality with which the subject interacts. This understanding of the object can be applied to the field of law. The article analyzes the concept of «object» in both philosophical and legal sense, and concludes that the object of systematization of labor law - is what it is aimed at, to which the measures of this systematization. From the very concept of «systematization of labor law» it follows that the object of study is the specified area of national law. However, this approach to understanding the object of systematization is quite superficial, because, first, the concept of «legislation» has both broad and narrow interpretation; secondly, legislation is a form of law, so, thinking about the systematization of labor legislation, we can talk about both its external and internal regulation. In addition, revealing the essence and purpose of systematization, along with its object also distinguishes the subject. It is determined that the object of systematization of labor legislation is a set of regulations governing labor and closely related legal relations, is the object of systematization is a certain part of objective law and its sources, regardless of whether they are purely external streamlining or revision of the content of these sources; the law acts as a certain objectively existing fact, which is influenced by the subjects of systematization; in turn, the subject of systematization is the form and / or normative-legal content of certain specific normative-legal acts, in respect of which the corresponding forms and methods of systematization are applied.
6
Sobolev, S. A. "THE SUBJECT AND CONTENT OF LAW IN THE STUDY OF CONTINUITY AND DISCONTINUITY OF THE HISTORY OF LABOR LAW IN RUSSIA." Bulletin of Udmurt University. Series Economics and Law 31, no. 6 (December 3, 2021): 1065–71. http://dx.doi.org/10.35634/2412-9593-2021-31-6-1065-1071.
Повний текст джерелаАнотація:
The article attempts to investigate general and particular issues of the social development of the domestic legal system in the modern knowledge of its history from a general theoretical standpoint on the example of a specific legal discipline - labor law. The problem of methodological order is considered when there is a confusion of law as an object of cognition with a real reflection of the formation and social development of its subsystems or structural components, which receive study at the sectoral level. Labor law is analyzed as a subsystem or the most important structural component of the legal system, while scientific research on various aspects of the history of labor legislation goes beyond the modern industry and academic discipline. The problem of the methodological order is the continuity and discontinuity of the very course of development of the domestic system of law and branches of law of the Russian Empire, the Soviet and modern periods. Attention is drawn to the fact that many modern labor law categories in the period before 1917 were absent in the legislation, but formed the content of legal acts and scientific research. In turn, labor relations were formalized by a contract of employment (personal employment), but the specifics of its regulation were determined by mining and factory legislation. Some problems of understanding the modern history of labor law are characterized, when in the general theoretical and branch educational and scientific literature on labor and civil law, concepts such as an employment contract and labor legislation are mixed, and labor law as a branch of law refers to private law. Based on the theoretical works of scientists of the Russian Empire, the Soviet and modern period, a combination of private law and public law foundations of labor law is shown.
7
Tataryn, Anastasia. "Re-conceptualizing Labor Law in an Era of Migration and Precarity." Law, Culture and the Humanities 16, no. 3 (December 1, 2016): 477–98. http://dx.doi.org/10.1177/1743872116683381.
Повний текст джерелаАнотація:
The terms “economic” and “irregular” migrant support a particular construction of the subject of labor law, whereby the exclusion of some from a formal employment relationship renders them necessary precarious laborers. The experience of precarious work is not an experience limited to migrant workers. However, the relationship between labor regulation and the most precarious of workers is one that has been gaining critical attention. Building on existing studies of migration, precarity and labor, I question the boundaries and frame of labor law with regard to precarious workers through Jean-Luc Nancy’s confronted community. Re-thinking the legal citizen-subject of labor law is necessary before remedies to address the exploitation of workers in precarious situations can be successful.
8
Prohoniuk, L. Yu. "NOW TENDENCIES OF DEVELOPMENT OF LABOR RIGHTS IN UKRAINE." Actual problems of native jurisprudence, no. 06 (March 2, 2020): 42–46. http://dx.doi.org/10.15421/391991.
Повний текст джерелаАнотація:
The article is devoted to study of the current trends in development of the labor rights in Ukraine, related to elaboration of the draft Labor Code of Ukraine which highlights the necessity to update the labor law and adapt it to the current level of development of labor relations, namely: it is pointed out the gradual extension of the limits of the subject of the legal regime of the labor law, inclusion of new relationships and subjects in its sphere of influence, it is proved that the subject of the specified regime should include relations of non-standard forms of employment, opportunities for broadening the scope of labor law that will also lead to a change in the subject of its regulation, which will be the use of labor of both dependent and independent workers, joint parties of different types of collective owners engaged in the labor and industrial process; the second trend highlights the necessity to introduce an electronic form of employment contract in order to develop the principle of freedom of work, After all, one of the fundamental institutes of labor law is the institute of employment contract, which is the basis for the emergence of labor relations between the employee and the employer. However, the forms of concluding such an agreement remain unchanged, which is contrary to the full reform and improvement of the said institute. Increasingly, social networks are discussing a progressive approach to maintaining an electronic form of employment contract, along with a written one, which may, in the future, gradually disappear into the past, which will become the next trend in the development of labor relations; outlines the current trends of the shift in the legislative activity of government bodies; the article notes the third trend in the development of labor rights in the world relating to increase of the level of their protection, which should be carried out by specially authorized bodies in the order of the specialized jurisdiction; it is investigated the issue of development of specialized labor courts, analyzed the tendencies of the formation of the Code of Labor Procedure, which should provide for a number of procedural guaranties of protection of the rights, freedoms and legitimate interests of employees, employers and other subjects of employment relationship at law as well as guarantee of the legal equality of the parties in resolving discrepancies between them; the inferences on the actual formation of a new branch of procedural law are made.
9
Sonin, O. E., and A. S. Еlkina. "IMPACT OF THE SYSTEM OF CIVIL LAW CONTRACTS ON THE RECOGNITION OF LABOR RELATIONS BASED ON CIVIL LAW CONTRACTS." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6(72), no. 3 (2021): 105–11. http://dx.doi.org/10.37279/2413-1733-2020-6-3-105-111.
Повний текст джерелаАнотація:
The article is devoted to the study of the problem of the influence of the system of civil contracts arising from the provisions of the current Civil Code of the Russian Federation on the solution of the issue of the possibility of recognizing labor relations based on civil contracts. It means that Art. 19.1 of the Labor Code of the Russian Federation, the possibility of recognizing a relationship as labor is determined by the circumstances established in it, including the listing of the parties to the civil contract and its subject. In such conditions, it seems necessary to resolve the issue of giving preference to substantive requirements (signs of labor relations enshrined in Article 15 of the Labor Code of the Russian Federation) or formal requirements established by the provisions of Part 1 of Art. 19.1 of the Labor Code of the Russian Federation. The conclusion is substantiated that the influence of the system of civil law contracts and the related terminology of the Civil Code, which determines the parties and the subject of such contracts, on the decision of the possibility of recognizing relations as labor should not be taken into account when applying the current edition of Art. 19.1 of the Labor Code of the Russian Federation, and this article itself needs to be changed.
10
Gubrienko, О. М., and O. G. Kostromina. "Institute of Labor Rights Protection as an Element of the Labor Law System." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 69–72. http://dx.doi.org/10.24144/2788-6018.2021.03.12.
Повний текст джерелаАнотація:
Labor law of Ukraine is one of the most social branches of law, as it not only regulates labor relations, but also ensures the implementation of socio-economic rights of workers. In the new economic conditions, the problem of ensuring the protection of labor rights and legitimate interests of employees is extremely important.
The protection of labor rights is seen in various senses, including as an institution of labor law. It is noted that the protection of labor rights is considered as an independent institution of labor law (narrow understanding of the protection of labor rights), which presents all available in the legal system and possible methods (measures) to protect labor rights.
The Institute for the Protection of Labor Rights is one of the central institutes of labor law. The content of this institute consists of: the content of basic labor rights and human freedoms; forms of protection; methods of protection by which protection is provided; protection procedure; conditions of legality of realization of the right to protection of labor rights and freedoms.
In order to develop an effective mechanism for the protection of labor rights, it is necessary to define the concept of the form of protection of labor rights, its types and methods of protection. The form of protection of labor rights is defined as the procedure for the protection of subjective labor rights and legitimate interests. This procedure includes a set of organizational actions, the list of which depends on the subject of protection and the subject whose rights and interests are protected. The method of protection of labor rights is defined as a specific action aimed at protecting subjective labor rights and legitimate interests or to remove obstacles to the exercise of these subjective rights.
11
Eseva, Elena Yur'evna. "Labor is free or freedom of labor? Russia and international law." Право и политика, no. 8 (August 2021): 87–95. http://dx.doi.org/10.7256/2454-0706.2021.8.11215.
Повний текст джерелаАнотація:
This article explores the problem of exercising the constitutional guarantee of the freedom of labor. Analysis is conducted on the current Russian legislation in comparison with the legislation of the Soviet period in the area of regulation of questions of the freedom of labor. Functionality of the institution of the freedom of labor is viewed on the practice of Russian reality and its compliance with the norms of international law. The questions of the freedom of labor are also examined in a number of foreign countries. The author reveals the flaws in the Russian legal framework on the subject matter, and makes recommendations for amending the current legislation. Research methodology leans on the comparative-legal method, as well as such general scientific methods as historical, linguistic and others. The scientific novelty of this article is defined by the absence within the domestic legal science of comprehensive legal research of the entirety of problems related to constitutional guarantee of the freedom of labor. An attempt is made to carry out a comparative study of the international normative regulation of relations in the area of the freedom of work with the norms established in the Constitution of the Russian Federation.
12
Stepanov, Vladislav E. "Private law branches under a totalitarian political regime (the case of Soviet labor law development in the 1918–1930s)." Law Enforcement Review 4, no. 2 (June 30, 2020): 20–27. http://dx.doi.org/10.24147/2542-1514.2020.4(2).20-27.
Повний текст джерелаАнотація:
The subject. Implementation of Soviet labor law in the context of totalitarianism. Particular
attention is paid to the formation of a repressive model of regulation of private law relations. The study of this problem is extremely important from the point of view of the totalitarian past of our country, covering all spheres of public life and entailing large-scale tragic
consequences.
The purpose of the article is to confirm or disprove hypothesis that a totalitarian political
regime seriously impacts on the essential characteristics of private law branches.
The theoretical and methodological basis of the study includes the principles of objectivity
and historicism, the formal logical interpretation of the Soviet legal acts concerning labor
relations and the method of system analysis, which allows us to reveal the subject of research comprehensively.
The main results, scope of application. During the formation of the Soviet totalitarian regime, administrative methods of governance in the branches of private law (and in labor
law, in particular) prevailed. The formation and development of Soviet labor law in the
1918-1930s. fully reflects the logic of the impact of a totalitarian state on the branches of
private law. The widely used system of repressive measures in the sphere of labor was provided not only by laws, but also by the adoption of numerous by-laws, which deformed the
system of private law relations based on decentralization and freedom of choice by legal
entities. Labor relations were used by the Soviet state as a means of political management
of significant masses of the population. Along with the codification of labor legislation (the
adoption of the RSFSR Labor Law Codes of 1918 and 1922), normative acts aimed at state
monopolization of labor regulation were adopted. A significant number of by-laws, which
actually had the highest legal force, often had a purely coercive nature and was used by
management as a means of achieving political goals. There was a de facto substitution of
the right to work with a labor obligation. In a totalitarian regime in 1918-1930. in fact, a labor obligation is being affirmed, and the relationship between the employee and the employer has ceased to be private in nature, being under the control of executive authorities.
Conclusions. Totalitarian political regime seriously changed the essential characteristics of
private law branches.
13
Pambudi, Kukuh. "Quo Vadis Indonesian Labor Act: How Far the Protection for Labors?" Journal of Law and Legal Reform 2, no. 4 (August 17, 2021): 591–602. http://dx.doi.org/10.15294/jllr.v2i4.48762.
Повний текст джерелаАнотація:
Basic human rights for Indonesian workers are set out in constitution both in the 1945 Constitution, Law Number 39 Year 1999 regarding Human Rights, as well as in Law Number 13 of 2003 on Employment. Although there are regulations that regulate human rights for the people labor, but in fact many violations occur. Proven with the existence of Article 64 of the Manpower Act regulating Outsourcing, where in its development with the outsourcing system there are many shifts in the application of outsourcing system. Outsourcing is initially only imposed on that type of work not directly related to the production process of that activity relating outside the core business of a company, will but in reality almost all types of jobs are subject to outsourcing This research will describe in relation to the protection of human rights for the workforce especially for outsoutcing in labor Indonesia. The research method used is normative Juridical with the approach used is the Legislation Approach. The results obtained that with the Decision of the Constitutional Court Number 27 / PUU-IX / 2011 concerning Request for Testing of Law Number 13 of 2003 on Employment of the 1945 Constitution, is one form of legal protection for outsourced workers. Because in the verdict states that outsourcing only is permitted for the types of work listed in Article 59 of the Manpower Law.
14
Rakhimovich, Balabiev Kairat. "Modern Trends of Labor Law Development in the Republic of Kazakhstan." 11th GLOBAL CONFERENCE ON BUSINESS AND SOCIAL SCIENCES 11, no. 1 (December 9, 2020): 98. http://dx.doi.org/10.35609/gcbssproceeding.2020.11(98).
Повний текст джерелаАнотація:
The subject of the study is public relations related to the specification and implementation of State policy aimed at social security of citizens and protection of their rights and freedoms in the field of labor relations, free choice of professions and occupation. Employment of the population, as a concept and as a legal category, is defined both as personal right and public policy. Considering that the degree of realization of human and civil rights and freedoms for a free choice of profession depends on the state of the economy and on legal, organizational, administrative measures taken by public authorities, the issues of ensuring full and productive employment will always be in the dynamics of development, improvement and in process of study. The methods of comparative legal analysis, dialectical principles, and the principles of consistency in the study of the subject of research on the basis of specific historical methods, logical techniques and means have been used in this research. Using the above methods and principles in the study of this problem allows us to consider the phenomena in their relationship and development. The research represents one of the attempts of a comprehensive, systematic analysis of labor relations arising both on the basis of an employment contract and an administrative act appointing an employee to a post. The article reveals: the content of employment contracts; the legal personality of the State through the competent authorities in the field of labor relations; the significance of the employment contract on liability; the specificity of State activities through the competent authorities of the relevant sectors as a subject of labor relations; conditions for applying civil employment contracts; legal conditions by which the competencies of various categories of employees are determined. Keywords: Republic of Kazakhstan, labor legislation, legal personality, legal relationship, authority, labor relations.
15
Tomlins, Christopher. "Subordination, Authority, Law: Subjects in Labor History." International Labor and Working-Class History 47 (1995): 56–90. http://dx.doi.org/10.1017/s0147547900012886.
Повний текст джерелаАнотація:
In the first section of this essay I discuss alternative ways of interpreting an eighteenth-century anecdote about employment relations. This serves to introduce a series of arguments that advocate altering our conception of labor history (with special reference to American labor history) in ways that center it on the study of household relations. Asserting that law is the primary site upon which authoritative social relations are constituted, I also argue that legal history—in this case the history of domestic relations law—is of fundamental importance to the labor history the essay recommends.
16
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.
17
Kutomanov, D. "Legal positions of the supreme court in cases on division of labor and civil relations." Law and innovative society, no. 1 (14) (July 3, 2020): 29–34. http://dx.doi.org/10.37772/2309-9275-2020-1(14)-4.
Повний текст джерелаАнотація:
Problem setting. Of the large volume of cases before national courts, cases involving the distinction between labor and civil relations are of particular interest. Superficial familiarization with the practice of consideration of this type of labor disputes reveals the existence of conflicting enforcement approaches, sometimes contradictory to each other, which determines the need for a deeper understanding of the issues of disputes caused by such phenomena as concealment or replacement of labor relations. The purpose of the research is to reveal the problematic issues of the distinction between labor and civil relations, both from the point of view of the existing doctrine of labor law, and through the prism of the existing rulemaking practice, aimed at improving national legislation on labor. Analysis of resent researches and publications. The issues of the distinction between labor and civil relations have become the subject of scientific analysis in the writings of such scientists as O.V. Zabrodina, L.O. Zolotukhina, M.I. Inshin, R.A. Maidanik, S.M. Prilipko, Ya.V. Svichkaryova, D.I. Sirokha, N.V. Fedorchenko, O.M. Yaroshenko and others. At the same time, these issues require further research in order to develop comprehensive recommendations aimed at improving labor law. Article’s main body. Among the specific number of court cases that are subject to the applicable rules of labor law are the two most common categories of cases through which the Supreme Court formulates legal positions on the distinction between labor and civil relations. The subject of the first category of cases are the demands of individuals on the recognition of relationships, formulated in the form of a civil contract labor. The subject of the second category of cases is disputes between employers and the State Service of Ukraine on labor issues on the recognition of illegal and the cancellation of prescriptions and resolutions of the state body. The analysis of the legal positions of the Supreme Court, formulated as a result of consideration of the above categories of cases, leads to the conclusion that the basic concept of the distinction between labor and civil relations, which is applied in the practice of the Supreme Court, is fully consistent with the doctrinal approach and is to determine the employment relationship, what relation, subject advocates the process of organization of work, not its result, with a further combination of the specified trait with other traits in each specific situation (duration of relationships, systematic the promptness of payment, the presence of signs of subordination, and others).. Conclusion. In the case of disputes related to the concealment of labor relations or their replacement through the conclusion of civil contracts with employees, the case-law proceeds from the need for a systematic assessment of the content of contracts concluded between the parties for the purpose of revealing in their terms direct or indirect signs of employment relations. The approaches taken by the Supreme Court to distinguish between labor and civil relations certainly enrich the law-enforcement practice and, given the binding status of its rulings, help to formulate uniform approaches to the interpretation and application of the provisions of current law.
18
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.
19
Kanakova, Anna. "Problematics of the Content of "Labor" Сonstitution Сategory". Legal Linguistics, № 19 (30) (1 квітня 2021): 20–24. http://dx.doi.org/10.14258/leglin(2021)1903.
Повний текст джерелаАнотація:
The article discusses the constitutional category of «labour», the definition of which is not enshrined in legislative acts because it is considered to be a well-known category, which is not a special legal one and does not require any clarification. However, this approach creates difficulties for legal regulation, as it blurs the boundaries for the legislator and the executor. Lack of awareness of the concept of a regulated category can lead to a situation when the legislator, creating a new law or making amendments to an existing one, will subject to regulation the area that does not pertain to the relevant legal phenomenon, or vice versa - will ignore part of the content of the regulated category, which is certain to negatively affect the quality of legal regulation. Law enforcement practices similarly face difficulties in having only doctrinal understandings of statutory concepts, which creates inconsistency in decisions made by lawyers in course of their professional work. The 1993 Constitution of the Russian Federation enshrined the category of «labour» in a number of articles, but did not clarify the interpretation of its concept. The analysis of economic and legal views on labor allows us to conclude that, despite the status of a well-known category, which, it would seem, does not need an explanation, only the presence of clear criteria for recognizing an activity as labor, provides high-quality legal regulation, in particular, it allows not only to separate the types of activities that are not subject to legal regulation, but also to choose the right branch of law that regulates social relations in each particular case.
20
Oliveira, Cristiano Aguiar de, and Gabriel Costeira Machado. "The deterrent effects of Brazilian child labor law." Revista de Estudos Empíricos em Direito 7, no. 3 (September 7, 2020): 111–31. http://dx.doi.org/10.19092/reed.v7i3.424.
Повний текст джерелаАнотація:
Brazilian law prohibits all forms of work for children under the age of 14 years old. Therefore, work performed by children under 14 years of age is subject to sanctions that do not apply to work performed by those over 14 years of age. We use this quasi-experiment generated by Brazilian law to test the deterrent effects of such sanctions. For this purpose, we use the 2013 Pesquisa Nacional de Amostra por Domicílios (PNAD) data to estimate the local average treatment effects (LATE) using the regression discontinuity approach. The results indicate that on average, this law results in 88% fewer weekly working hours when individuals living in rural and urban areas are considered. The effects in rural areas are thus inconclusive. The paper concludes that the law has a deterrent effect and reduces child labor in Brazil, but the effects are ambiguous in rural areas, where law enforcement is weaker and more children work.
21
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.
22
Mazhorina, M. V. "Sustainable Development Law: Essence, Subject and Methodology." Lex Russica, no. 5 (May 26, 2022): 117–26. http://dx.doi.org/10.17803/1729-5920.2022.186.5.117-126.
Повний текст джерелаАнотація:
Any paradigmatic social shifts are accompanied with changes in the law. The trend towards sustainable development in a sense replaces the trend towards globalization, turning today into a solo social agenda. The law should not develop in a post-factum logic, but work ahead of the curve, especially if we want to achieve country leadership.Sustainable development law, being a superstructure over a society that is being rebuilt in the spirit of sustainable development, becomes a supernova concept, an interdisciplinary, supra-sectoral regulatory array that undermines the foundations of legal architecture and taxonomy.Sustainable development law is not reducible to environmental, climate, international law; it incorporates the principles and individual institutions of civil, investment, financial, banking, labor, corporate, private international law and other branches. It is compound and complex and requires the formation of a new multi-recognition core. The role of lawyers is to normalize the ongoing processes and build an up-to-date architecture of law, taking into account state and public strategic interests. This requires the formation of a sustainable development law doctrine, the development of regulatory models in the field of transition to a green and low-carbon economy and energy, alternative energy sources, climate security, «green» financing and investment, in the field of business sustainability, the implementation of social policy and new management patterns.The paper analyzes the subject of sustainable development law, attempts to formulate the concept of sustainable development law, and searches for a methodology. The scientific search for a theoretical foundation for the law of sustainable development leads to the assumption that it is possible to study the latter through the prism of the scientific concept of the legal understanding of the American jurist Scott Shapiro, built around the legal theory of planning.
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Viennikova, V. V., and I. V. Kolosov. "Labour Law Reforming at Qatar: comparative research." Problems of Legality, no. 155 (December 20, 2021): 76–88. http://dx.doi.org/10.21564/2414-990x.155.231916.
Повний текст джерелаАнотація:
Paper proposed highlights the experience of Qatar's labor law reform, its features, peculiarities of the countries of the Muslim Legal family taking into account. Mainly directions of aforesaid reform and structural improvements in the legal regulation of Labor Relations in comparison with the pre-reform period are determined. A comparative study with the relevant directions of industry reform in Ukraine was conducted. Similar and distinctive features, advantages and disadvantages of both systems are analyzed. Conclusions about the possibility of borrowing positive foreign experience into the domestic labor and legal reality were showed. Studying of Labor Relations legal regulation experience in the Middle East on the example of Qatar permit to encourage colleagues to put out a scientific discussion about such types of employment contract as educational and service ones, its core conditions, consider the proposals of the trade union movement within the framework of joint committees, outline the problems of sponsorship law and repatriation in connection with subject of Labor Law, discuss problems and apply positive experience in regulating the work of home-based workers, consider the possibility of introducing the institute of anonymous complaints in labor law, pay attention to the experience of creation a labor justice system. Special attention should be paid to a physical attack on the employer or direct supervisor as reasons for termination of the employment contract at the initiative of the employer. Simultaneously, Domestic system of labor law, although it is distinguished by more long-timed traditions of statutory guarantees in field of Labor and Social Security Law, is not without the need to borrow foreign experience in order to update it for the needs of modern social development, which should be devoted to furthermore comparative legal researches.
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Stanioch, Karol. "Is there a need to introduce a presumption of an employment relationship into the Polish legal system?" Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 35 (June 10, 2021): 201–17. http://dx.doi.org/10.19195/1733-5779.35.13.
Повний текст джерелаАнотація:
The article contains reflections on the legitimacy of introducing the presumption of the employment contract’s labor law character into the polish legal system, the possible shape of such a regulation and the manner of its introduction in relation to the axiological assumptions of the labour law. The author joins the discussion on the presumption by referring to the views presented by legal scholars on the subject and analyzing the presumptions existing in the Netherlands, Switzerland, and Slovenia. In his conclusions, he supports the introduction of the presumption in material and rebuttable form.
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Hogler, Raymond. "Public Sector Strikes, Labor-Management Relations, and the Common Law." Public Personnel Management 17, no. 1 (March 1988): 83–90. http://dx.doi.org/10.1177/009102608801700109.
Повний текст джерелаАнотація:
This article analyzes the decision of the California Supreme Court holding that strikes by public employees are protected at common law. It is argued that the judiciary has intruded itself into a subject which should be regulated by the legislature. By creating a rule lacking in administrative safeguards, the decision may lead to labor conflict and disruption. In any event, public negotiations vitally affect the interest of the citizen, and citizens should have a voice in designing public sector collective bargaining systems.
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Singer, Amy. "Peasant Migration: Law and Practice in Early Ottoman Palestine." New Perspectives on Turkey 8 (1992): 49–65. http://dx.doi.org/10.15184/s0896634600000613.
Повний текст джерелаАнотація:
Peasant migration was the subject of careful regulation in the Ottoman Empire. The government tried to control peasant movement in order to ensure the supply of agricultural labor; peasants, on the other hand, used migration as one weapon against government abuses. This article examines Ottoman policy towards migration and recorded instances of peasant migration in sixteenth-century Palestine.Peasant migration is most commonly considered in the context of seasonal labor movements, responding to large-scale agricultural enterprises or temporary labor shortages. Alternatively, migration may occur as a result of some disaster: war, famine, drought, or flood. Temporary migration suggests a short-term move, wherein people pull up stakes for a denned period and retrace their steps after some months or years. This article, however, examines migration as the action of individuals who appear to have left their former homes permanently.
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Wilczyński, Robert. "Charakter i przedmiot porozumień zbiorowych z udziałem agencji pracy tymczasowej." Przegląd Prawa i Administracji 105 (January 27, 2017): 209–17. http://dx.doi.org/10.19195/0137-1134.105.14.
Повний текст джерелаАнотація:
NATURE AND SUBJECT OF COLLECTIVE AGREEMENTS INVOLVING THE TEMPORARY EMPLOYMENT AGENCYThe article presents the view of doctrine and jurisprudence relating to collective agreements involving the temporary employment agency. The specifics of temporary employment in which there are temporary work agency and the user employer acting at employer’s side makes collective agreements conditions much more complicated against those settled in the Labour Code. Collective agreements should play an increasing role in the system of sources of labour law. In particular, in non-standard forms of employment mainly at temporary work. Collective agreements in a more perfect way are able to reconcile the protective function of labor law and the need for flexibility of employment.
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KOT, M. K. "Head of corporate organization as subject of labor law: problems of inter-industry regulation." EURASIAN LAW JOURNAL 6, no. 157 (2021): 220–23. http://dx.doi.org/10.46320/2073-4506-2021-6-157-220-223.
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Bogićević, Čedomir. "Relationships between labor and administrative law." Glasnik Advokatske komore Vojvodine 69, no. 3 (1997): 5–18. http://dx.doi.org/10.5937/gakv9701005b.
Повний текст джерелаАнотація:
The author discusses the basic features and elements of labor and administrative law, their relationship and reflexion of this relationship to realisation and protection of the rights from work. The relationship which results from work is not only the matter of its subjects. Because of importance to whole social relationships it gives to state administration the right of intervention to protect, supervise, control and decide some of its domains and from field of "private" passes partially to field of "public" relationships.
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Боровська, І. А. "CERTAIN ASPECTS OF CONSIDERATION AND RESOLUTION OF LABOR DISPUTES IN CIVIL JUDICIAL CLAIMS." Juridical science, no. 3(105) (March 30, 2020): 447–55. http://dx.doi.org/10.32844/2222-5374-2020-105-3.54.
Повний текст джерелаАнотація:
The article is devoted to the study of certain aspects of consideration and resolution of cases arising from labor relations, in civil proceedings.
The article considers the doctrinal provisions for defining the concept of labor disputes, their classification by subject composition and the nature of differences between its parties (the subject of the labor dispute). Based on the application of the appropriate classification, the problematic issues of delimitation of the jurisdiction of bodies that are endowed with the competence to consider and resolve labor disputes and determine the court's procedure for proceedings in cases arising from labor relations.
It was found that in accordance with the provisions of the current civil procedural legislation of Ukraine, cases arising from labor relations are subject to consideration under simplified procedures of civil proceedings – in the order of injunctive proceedings and simplified claim proceedings. In the context of this, scientific views on the classification of cases arising from labor relations to insignificant cases are considered and the expediency of enshrining in the CPC of Ukraine a general rule of determining the court procedure for consideration of the case by the criterion - the price of the claim for disputes arising from labor relations, and are characterized by a material component (property equivalent).
The peculiarities of cases in disputes arising from labor relations, as an independent category of cases to be considered in civil proceedings, in particular: the specific subject composition of the participants in the trial; the list of labor disputes that are subject to direct consideration in court (Article 232 of the Labor Code of Ukraine) and an alternative way of resolving disputes by labor dispute commissions (Article 221 of the Labor Code of Ukraine) are defined by law; special deadlines for appealing to the court to resolve labor disputes.
Some issues related to the implementation of the principles of civil justice - adversarial and proportionality in the consideration and resolution of relevant cases in a simplified claim procedure.
Based on the results of the study, conclusions were drawn.
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Cherniakhovych, I. E. "CIVIL SERVICE RELATIONS AS A SUBJECT OF PUBLIC-LEGAL DISPUTE." Actual problems of native jurisprudence, no. 4 (August 30, 2019): 179–83. http://dx.doi.org/10.15421/391939.
Повний текст джерелаАнотація:
The article is devoted to the definition of the state-service relations as the subject of a public-legal dispute, and on this basis develop separate proposals for the improvement of the current legislation and the practice of its application. The article determines that the subject of a public-legal dispute is administrative-legal relations, the object of which is: adoption, passing, dismissal from the civil service. The above applies to: state political positions and positions in state collegial bodies; positions of judge and prosecutor; places of work within the military, alternative non-military service, regardless of the power of the rights and obligations provided by the corresponding place of work; places of work within another civil service. Additional criteria for determining the administrative jurisdiction of a public-legal dispute are: direct practical fulfillment of tasks and functions of the state; the existence of labor relations between the civil servant and the body, the institution in which it operates. The jurisdiction of administrative courts includes public-law disputes arising from the relations of acceptance, employment, dismissal from work in public institutions, subject to compliance with the criteria specified in paragraph Such criteria as the existence of a power of attorney within the scope of the labor obligation or the basis for the establishment of the relevant labor relations (contract or oath of a public servant) should not be decisive for the attribution of the public law disputes under consideration to the jurisdiction of administrative courts. It is expedient to publish the Plenary Session of the Supreme Court clarifications regarding the allocation and necessity of applying the above-mentioned provisions and criteria. The expediency of inclusion of relations in connection with activity of persons on political positions to a circle of state-service relations as a subject of jurisdiction of administrative courts, with the exceptions provided by the law, is substantiated. Similar types of relations that arise in connection with the occupation of positions in local self-government bodies are inappropriately attributed to the range of these relations as an object of administrative legal proceedings, since they constitute another type of public service relationship.
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Kyselova, O. I. "Features of consideration by courts of labor disputes on the reinstatement of an employee at work." Legal horizons, no. 23 (2020): 27–34. http://dx.doi.org/10.21272/legalhorizons.2020.i23.p27.
Повний текст джерелаАнотація:
Probably the most common category of litigation in the field of labor law is the dispute over the reinstatement of employees. The existing case law shows that in most cases the courts defend the rights of employees, because in the course of the trial the facts of violations by the employer of the requirements of current legislation during the dismissal of the employee are established. In case of violation of labor legislation, restriction of labor rights of citizens, among other things, inevitably raises the question of bringing the perpetrators to justice and ensuring fair, equivalent compensation and damages in accordance with the European concept of an effective remedy. Thus, traditionally, the grounds and procedure for unilateral termination of employment at the initiative of the employer, including redundancies, dismissal for absenteeism, etc., are often subject to judicial appeal. Further development of labor law seems to be able and should be based on and generalization of judicial practice for resolving labor disputes, reflecting the most acute problems of observance of labor rights of citizens. The study of case law on individual labor disputes is an effective means of gaining knowledge about the current state of legal regulation of labor relations and especially the protection of labor rights of citizens, their typical violations, gaps and contradictions of substantive and procedural law governing these relations. The article analyzes the opinions of scientists on the definition of labor disputes and formulates its own definition. In addition, some issues of resolving individual labor disputes on the reinstatement of the employee were considered and the practice of courts to implement court decisions on this issue was analyzed. Certain features of resolving individual labor disputes on employee reinstatement are noted. Taking into account the special position of the labor dispute as a legal category and the analysis made in this article of the legal regulation of the consideration of individual labor disputes on reinstatement at work is relevant for the science of labor law and the practice of applying the current legislation.
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Kasymova, A., and M. Zhandeldinova. "On the issue of the scope of application of labor legislation in the Republic of Kazakhstan." Bulletin of the Innovative University of Eurasia 81, no. 1 (March 27, 2021): 57–64. http://dx.doi.org/10.37788/2021-1/57-64.
Повний текст джерелаАнотація:
In this article, the authors consider the features of the scope of application of labor legislation. The authors note that the extent to which the norms of labor legislation apply to different types of labor relations varies. In this connection, the question of the scope of labor legislation, as well as the limits of its use in the settlement of labor relations of various categories of citizens, becomes relevant. The purpose of this article is to address issues related to the scope of application of labor legislation. In this study, the methods generally accepted in the legal science and the science of labor law is used. Thus, such general scientific methods as dialectical, system-structural, historical methods, as well as the method of comparative analysis were used. Among the special legal methods used, it is necessary to distinguish the formal legal method of scientific knowledge. The scope of the labor legislation is, first of all, the circle of public relations, a certain territory, as well as the circle of subjects to which its norms apply. The Labor Code cannot regulate all relations concerning the exercise of the right to work. This is the sphere of regulation of the Constitution of the Republic of Kazakhstan. Labor legislation can regulate only those relations concerning the exercise of the right to work that arise on the basis of an employment contract. The authors come to the conclusion that labor legislation regulates not only labor relations, which are the subject of labor law. It also regulates certain other types of employment relations in cases where this is expressly provided for by law. At the same time, it should be noted that the labor legislation applies to other types of labor relations only within the limits defined by a special law. Labor legislation does not apply in cases where the work is performed by an individual – a business entity independently or the work is performed by members of a personal peasant farm in this farm, as well as in cases where an individual performs the duties of a member of the supervisory board of a joint-stock company, the executive body of a business company, or other relevant management bodies of legal entities; if these duties are performed on other grounds than an employment contract, and if an individual performs the duties under a civil contract providing for the performance of certain work in favor of the other party to the contract.
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Kobroń-Gąsiorowska, Łucja. "EXTENSION OF LABOR LAW PROTECTION STANDARDS IN THE ASPECT OF FIXED-TERM CONTRACTS OF ACADEMIC TEACHERS. COMMENTS DE LEGE LATA AND DE LEGE FERENDA." Roczniki Administracji i Prawa specjalny II, no. XXI (December 30, 2021): 387–400. http://dx.doi.org/10.5604/01.3001.0015.6439.
Повний текст джерелаАнотація:
This paper attempts to determine the scope of protection of academic teachers in the context of repeated concluding fixed-term contracts and the partial exclusion by the Act on higher education of the application of Art. 25(1) of the KP to employment contracts of this group of employees. The author does not intend to duplicate the extensive literature in this area presented by labor law doctrine. In this publication, the author defends the thesis that the employment relationship of an academic teacher should be subject to a broader impact of the protective provisions of the Labor Code, including the protective function of labor law, in a situation where there are no normative obstacles to extending such impact.
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Pyzhova, Maryna Pyzhova. "Functions of legal guarantees in labor law: current issues." Law and innovations, no. 1 (33) (April 5, 2021): 41–45. http://dx.doi.org/10.37772/2518-1718-2021-1(33)-6.
Повний текст джерелаАнотація:
Problem setting. The concept of “guarantee” is the subject of many scientific studies, and in various fields of law. But this is especially true of labor law, and above all, work on guarantees of labor rights of citizens. That is why a special place in the system of national labor law is occupied by the institution of guarantees and compensations. Unfortunately, the outdated Labor Code of Ukraine has significant problems with terminological uncertainty, as it contains neither a definition of guarantees nor a definition of compensation, in contrast to the Labor Code of the Russian Federation, where Article 164 clearly defines that guarantees are funds. ways and conditions by which the exercise of rights granted to employees in the field of social and labor relations is ensured. And compensations are monetary payments established for the purpose of reimbursement to employees of the expenses connected with performance by them of labor or other duties provided by this Code and other federal laws. Therefore, we see it necessary to investigate and determine the purpose and indicate what functions are guaranteed by labor law in Ukraine. Analysis of recent research. Scientists approach the understanding of the essence and content of legal guarantees in different ways, among them E. Ametistov, V. Andriev, N. Bolotina, O. Valetska, S. Venediktov, S. Verlanov, M. Grekova, S. Ivanov, I. Kiselyov, N. Kokhan, E. Krasnov, M. Feskov, G. Chanisheva, and problems of the institute of remuneration – V. Bozhko, V. Zhernakov, M. Inshin, O. Protsevsky, S. Prilipko, O. Sytnitskaya, N. Khutoryan, O. Yaroshenko, I. Yatskevich and others. Target of research is to consider the issue of legal guarantees in labor law and highlight their functions. Article’s main body. The article considers the issue of assigning legal guarantees in labor law. The author’s definition of the functions of legal guarantees in labor law is given, it is indicated that these are the areas of influence on the realization of employees and employers of their labor rights and responsibilities, protection of rights and freedoms and their restoration in case of violation. It is proposed to distinguish four main functions of legal guarantees in labor law, including security, instrumental, creating a balance between the interests of the employee and the employer, providing stability to labor relations. The articles of the national security legislation which express the specified functions are analyzed. Conclusions and prospects for the development. In our opinion, the definition and understanding of the functions of legal guarantees in labor law is necessary for further scientific and theoretical study of the institution of guarantees in labor law, as well as for law enforcement. We are convinced that guarantees are an important and necessary tool for the realization of the declared rights and freedoms of citizens in the field of labor. That is why there is an urgent need to develop and consolidate at the legislative level the conceptual apparatus of the institution of guarantees.
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Stürmer, Gilberto. "Negociação coletiva de trabalho como direito fundamental | Collective labor negotiation a fundamental right." Revista Justiça do Direito 31, no. 2 (September 6, 2017): 409. http://dx.doi.org/10.5335/rjd.v31i2.7295.
Повний текст джерелаАнотація:
Resumo: O presente artigo tem como objetivo analisar a negociação coletiva de trabalho como um direito fundamental. Este artigo parte da analise conceitual do conflitos coletivos de trabalho, seguido pelo estudo da negociação coletiva de trabalho como direito fundamental, com fundamento na Constituição da República Federativa do Brasil de 1988, nas convenções da Organização Internacional do Trabalho ratificadas pelo Brasil sobre a matéria e na legislação nacional sobre o tema, com a recentemente aprovada Lei nº 13.467, de 13 de julho de 2017 que, com a vacatio legis, entrará em vigor 120 dias após a sua publicação. Os novos artigos 611-A e 611-B da Consolidação das Leis do Trabalho propõem força de lei para a negociação coletiva de trabalho, afastando as hipóteses que fazem parte do rol dos direitos fundamentais sociais trabalhistas previstos no artigo 7º da Constituição Federal e que não podem ser objeto de negociação.
Palavras-chave: conflitos coletivos de trabalho. Negociação coletiva de trabalho. Direitos sociais. Direitos fundamentais. Reforma trabalhista.
Abstract: [This article aims to analyze collective bargaining as a fundamental right. This article is based on the conceptual analysis of collective labor conflicts, followed by the study of collective bargaining as a fundamental right, based on the Constitution of the Federative Republic of Brazil of 1988, the International Labor Organization conventions ratified by Brazil on the subject and In the national legislation on the subject, with the recently approved Law no. 13467 of July 13, 2017 which, with the vacatio legis, will come into force 120 days after its publication. The new Articles 611-A and 611-B of the Consolidation of Labor Laws propose a force of law for the collective bargaining of labor, removing the assumptions that form part of the list of fundamental social labor rights provided for in article 7 of the Federal Constitution and which do not Can be traded.
Keywords: Collective labour negotiation. Fundamental rights. Labor reform. Social rights.
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Vakhonieva, T. "MAINTENANCE OF WORK ACTIVITIES ON A PROFESSIONAL BASIS AS A FUNCTION OF LABOR LAW." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 115 (2020): 9–13. http://dx.doi.org/10.17721/1728-2195/2020/5.115-2.
Повний текст джерелаАнотація:
The article examines the main components of professional activity as a sign of labour relations. The importance of labour law and its mechanisms in the field of maintaining the appropriate professional level of employees in performing their duties is established. The connection of labour law norms with the norms of education legislation is substantiated, the importance of professional standards in its formation is determined. Maintaining the proper professional qualification level of employees is recognized as a special and important function of labour law, which leads to the expansion of the subject of labour law and the emergence of new institutions of labour law. The result of proper provision of labour law to perform work on a professional basis is to obtain a quality material and intellectual product for a wide range of consumers.
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이정. "The Problems and Subjects of Resignation in Labor Law." HUFS Law Review ll, no. 25 (February 2007): 357–80. http://dx.doi.org/10.17257/hufslr.2007..25.357.
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Świętnicki, Tomasz. "PROTECTION OF THE PERMANENCE OF EMPLOYMENT IN GERMANY." Roczniki Administracji i Prawa 1, no. XVIII (June 30, 2018): 391–402. http://dx.doi.org/10.5604/01.3001.0012.6011.
Повний текст джерелаАнотація:
The aim of this article is to present the protection of the permanence for the employment relationship in Germany and to outline the labor law system prevailing in Germany, as well as attempt to answer the question what are the grounds / prerequisites as a rule of the subject protection. The subject of my analysis are the principles of protection for he permanence of employment relationships established on the basis of a contract for the employee. Labor relations that have their origins in the appointment, and their characteristics remain outside the scope of my article, because it would need a much extensive study.
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Lada, Alexey, and Sergey Markov. "The idea of humanism and socio-cultural bases of leges permissivae of Russian labor law." SHS Web of Conferences 72 (2019): 01018. http://dx.doi.org/10.1051/shsconf/20197201018.
Повний текст джерелаАнотація:
The philosophy of labor law in Russia is only being formed. This is evidenced by only a few philosophical studies on certain aspects of labor law, and the task is to create a new paradigm of Russian labor law on the basis of the ideals of humanism and Enlightenment in order to harmonize it with international labor law standards. The new metaphysics is the overcoming of Cartesian (ontological) dualism in labor law, represented by the counter-narrativeness of the employee and employer, as well as the dominance of its subjects (in particular, this concerns gender prohibitive norms). Thanks to the new metaphysics and its methods, the philosophy of labor law goes beyond the limits of objectivity to the existing (being) of modern labor relations. In their studies, the authors show the influence of philosophical (metaphysical) ideas on the creation and development of the “permissible” (leges permissivae) of Russian labor law. In particular, the studies propose an interpretation of the metaphysical (subjective law) and applied value of the labor law principles on examples of the philosophical moral and legal ideas implementation in the norms of labor law and in the further creation of a leges permissivae policy of labor law.
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Nikitas, Margot A., and César F. Rosado Marzán. "Danbury Hatters in Sweden: A U.S. Perspective on the Available Remedies and Sanctions for Employers Who Suffer Unfair Labor Practices by Labor Unions." International Journal of Comparative Labour Law and Industrial Relations 30, Issue 3 (September 1, 2014): 339–56. http://dx.doi.org/10.54648/ijcl2014019.
Повний текст джерелаАнотація:
This article describes the remedies available to employers who suffer unfair labor practices by labor unions, and contributes to European Union (EU) discussions on how the EU should sanction labor organizations that infringe on fundamental freedoms. These EU discussions have flourished ever since the Court of Justice of the European Union decided the Laval quartet of cases which held that worker concerted activities that impacted freedom of services and establishment in the EU violated EU law. After Laval, the Swedish Labor Court imposed exemplary or punitive damages, on labor unions for violating EU law. The U.S. experience warns against the imposition of punitive damages. Punitive damages may not only be unfair for workers, but may cause unions to become too risk-averse when representing workers. Moreover, workers' concerted activities should be understood as activities commensurate with market freedoms. If such market freedoms are exercised in unfair ways, the unions should be subject to compensatory but not punitive damages.
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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.
Повний текст джерелаАнотація:
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.
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Gacek, Stanley. "Mexico’s Ratification of ILO Convention Number 98 and the Future of Protection Contracts." Mexican Law Review 12, no. 1 (June 27, 2019): 157. http://dx.doi.org/10.22201/iij.24485306e.2019.2.13642.
Повний текст джерелаАнотація:
This note reviews and analyzes the impacts of Mexico’s September 2018 ratification of International Labour Organization (ILO) Convention 98 on the right to organize and collective bargaining. Specifically, it focuses on what Mexico’s ratification of the instrument means for the future of the pro-tection contract system in terms of international law. Mexico’s ratification of Convention 98 closes the doctrinal gap on protection contracts which was left by Convention 87, on freedom of association. Although Convention 98 does not cover the armed forces, the police, and public servants employed in state administration, according to international law, its ratification should invalidate much of the Mexican protection contract regime. Convention 98 is not self-enforcing, but ratification of the instrument subjects Mexico to the full scrutiny of the ILO’s supervisory system regarding compliance with norms. Moreover, Mexico’s domestic jurisprudence governing compliance with ratified international human rights treaties bodes well for effective judicial enforcement of the convention. With the ratification of Conventions 87 and 98, international law mandates the implementation of an authentically democratic labor relations system in Mexico. With the additional ratifications of Convention 29 on forced labor, Convention 100 on equal remuneration, Convention 105 on the abolition of forced labor, Convention 111 on discrimination in employment and occupation, Convention 138 on the minimum age for work, and Convention 182 on the worst forms of child labor, Mexico is bound by international law to comply with all globally recognized core labor standards.
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Malihon Yuliia, Malihon Yuliia, Motailo Oleksii Motailo Oleksii, and Avtomieienko Alla Avtomieienko Alla. "LEGAL REGULATION OF THE STATE PERSONNEL POLICY IN THE FIELD OF HEALTH CARE IN UKRAINE." Socio World-Social Research & Behavioral Sciences 04, no. 02 (April 15, 2021): 38–46. http://dx.doi.org/10.36962/swd04022021-38.
Повний текст джерелаАнотація:
The purpose of the article is to study the features of regulatory and legal regulation of state personnel policy in the field of health care in Ukraine. The article determines that the formation of the legal framework for the effective functioning and development of state personnel policy of the health care system is a priority for improving the efficiency of the medical sector. The article analyzes scientific developments on improving the staffing of the health care system in Ukraine, in particular: articles of the Constitution of Ukraine, provisions of the Labor Code, articles of the Law of Ukraine "On Employment", articles of the Law of Ukraine "On Collective Bargaining", articles Law of Ukraine "On labor protection", provisions of the Law of Ukraine "On vacations", articles of the Law of Ukraine "On remuneration", provisions of the Law of Ukraine "Fundamentals of legislation of Ukraine on health care", provisions of the Law of Ukraine "On improving accessibility and quality of health care" in the countryside. " It is determined that the main source of labor law and state regulation of labor relations, regardless of the industry, is the Code of Labor Laws. The main elements (features) of the employment contract are studied, namely: individual-personal feature, organizational feature, material feature, regulatory feature, subject feature. The principles of state policy in the field of labor protection are determined. An analysis of the orders of the Ministry of Health for 2020-early 2021 on personnel policy in the field of health care, which confirmed the interest of the direct entity in the form of the Ministry of Health of Ukraine in the formation of regulatory framework for personnel policy of the health care system of Ukraine. Keywords: health care system, normative-legal provision, laws, codes, personnel policy, state regulation.
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Williams, C. Brian. "Notes on the Evolution of Compulsory Conciliation in Canada." Relations industrielles 19, no. 3 (January 20, 2014): 298–324. http://dx.doi.org/10.7202/1021271ar.
Повний текст джерелаАнотація:
Summary The purpose of this paper is to review the historical evolution of the concept of compulsory conciliation in federal labor law, and to suggest some four features in its history which appear to have been overlooked in the literature on the subject.
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Hsiung, James C. "Human Rights and International Relations: Morality, Law, and Politics." Asian and Pacific Migration Journal 2, no. 2 (June 1993): 127–46. http://dx.doi.org/10.1177/011719689300200202.
Повний текст джерелаАнотація:
In reassessing the evolution of the post-1945 human rights movement, the paper identifies three “waves” or genres of human rights, generally representing the divisions between the Western and non-Western nations on the subject. A number of serious problems are raised, such as “double standards” maintained by some countries concerning human rights. This is followed by an evaluation of the possible clash between two perspectives: (a) the Third World's advocacy of such collective economic rights as a developing nation's right to sustained development (with its attendant demand that the West has to pay for its past colonization); and (b) the West's obstinancy regarding the individuals' rights to be asserted against their governments. In the age of intensified complex interdependence, a growing feature is the interpenetration of the economies of nations. That by necessity makes the migrant workers an “interface” between rich and poor economies. As economic interdependence deepens, both labor-importing and labor-sending countries have common stakes in the protection of the migrant workers.
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Rakitina, Ekaterina Vasil'evna. "Comparative research on some peculiarities of labor regulation of outsourced employees in Russia and China." Право и политика, no. 3 (March 2020): 56–68. http://dx.doi.org/10.7256/2454-0706.2020.3.32482.
Повний текст джерелаАнотація:
The subject of this research is the peculiarities of legal regulation of labor outsourcing as an atypical form of employment. Compared to traditional labor relations, labor outsourcing is characterized by multi-agency, which explains the peculiarities of its regulation. The article compares some of the specificities of legal regulation of the labor of outsourced employees within Russia’s and China’s labor law: peculiarities of emergence of relations on labor outsourcing, delineation of employer authority between the sending and receiving parties, social-partnership relations, legal position of outsourced employees, and labor legal responsibility regarding relations on outsourced labor as type of employment. The results of the conducted research yield a conclusion on the similarities and differences in legal regulation of labor of outsourced employees within Russian and Chinese labor laws. The similarities can be found in the structure of relations on outsourced labor, specificity of emergence of relations on outsourced labor based upon dual agreements – employment contract and staffing contract. There are also some similarities and differences in regulation of delineation of employer authority between the sending and receiving sides; in establishment of the legal position of outsourced employees, namely with regards to payment of wages; in resolution of the question of participation of an outsources employee in the relations on social partnership; in regulation of labor law liability of the sides of outsourced labor relations.
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Орлова, Елена, and Elena Orlova. "Legal Relations in the Field of Employment and Labor Relations." Journal of Russian Law 2, no. 8 (September 22, 2014): 48–56. http://dx.doi.org/10.12737/5276.
Повний текст джерелаАнотація:
The purpose of this article is to describe the legal relations in the field of employment and labor law relations. It is of immediate interest, because it is one of the important legal relations issues in jurisprudence. The article deals with the legal relations in the field of employment, which is of great scientific and practical importance, as it is implemented in legal relations subjective rights and duties of citizens in the field of employment. The analysis of the different viewpoints of scientists who studied the legal relations in the field of employment provides an opportunity to research the legal relations issues in the field of employment. The analysis of relations in the field of employment as “derivative from labor”, “related to labor”, “closely related to labor”, “indissolubly related to labor”, “adjoining to labor”, “elective satellites of labor” allows to research co-relation issues of the legal relations in the field of employment and labor law relation. The author defines a special group of the legal relations in the field of employment with certain characteristics and features. As a result of research all legal relations types of employment are presented and the classification of legal relations types by subject matter is carried out.
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Othon, Adriano. "A Governança Global no Âmbito da Organização Internacional do Trabalho (OIT): O Caso do Brasil após a Reforma Trabalhista (2017-2019)." Revista Portuguesa de Ciência Política / Portuguese Journal of Political Science, no. 16 (2021): 167–81. http://dx.doi.org/10.33167/2184-2078.rpcp2021.16/pp.167-181.
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The article addresses the global governance operationalized within the International Labour Organization (ILO) framework, focusing on the supervision of part of the legal changes that occurred in Brazil due to the labor reform (Law No. 13,467/2017). The research consists on a case study, delimited geographically and chronologically, and a qualitative approach based on bibliographic research, emphasizing book chapters and scientific articles and institutional records provided by ILO and available on the internet. Its relevance lies in contributing to the set of reflections on the direction of governance carried out by the ILO and the focus given – Brazil after labor reform –, considering the scarcity of studies on the subject under such perspective in political science. At the end of the article, it appears that the criticisms directed by the Brazilian government against the ILO’s supervisory system has a limited potential to tarnish the reputation of the global governance performed by it, as this negative perception is mainly limited to the national business community. For citizens, entities and other Member States that remain committed to the postulates of social justice, the importance and indispensability of the global governance performed by it in the defense and promotion of labor rights as an ethical guideline and civilizational threshold of globalization are preserved. Keywords: globalization; governance; International Labour Organization; Brazil; labor reform
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Tucker, Eric. "Shareholder and Director Liability for Unpaid Workers' Wages in Canada: From Condition of Granting Limited Liability to Exceptional Remedy." Law and History Review 26, no. 1 (2008): 57–97. http://dx.doi.org/10.1017/s0738248000003564.
Повний текст джерелаАнотація:
The essence of the contract of employment is the performance of service in exchange for wages. As such, labor assumes a commodity form—a capacity that is bought and sold in labor markets. But because labor cannot be separated from its bearer, and is not produced for the market, it has been widely recognized as a special or fictive commodity that has been the subject of a distinct legal regime. Historically, that distinct regime—here referred to as employment law—has served both disciplinary and protective functions. On the one hand, it assists employers to extract from the worker the value of the labor they have purchased, while on the other it protects workers against unacceptable exploitation. While these functions are a constant, the scope and techniques of legal discipline and protection vary over time and place, as does the balance between them, depending on such factors as the development of social relations of production, the balance of power between workers and employers, dominant ideologies, etc. In the fulfillment of these functions, law has encountered a series of recurring dilemmas that stem structurally from labor's special commodity status and socially and politically from conflicts between workers' and employers' interests.