The employment status, working conditions and social protection of vocational education trainees: The example of Finland

For many years, South African courts have relied on International Labour Organisation (hereafter ‘the ILO’) conventions to interpret and give meaning to the fundamental social security and labour law rights enshrined in the Constitution, 1996. Social security and labour law has been one of the ILO's major initiatives of promoting decent work agenda since its inception in 1919. Decent work refers to the availability of employment in conditions of freedom, justice, security and human dignity. This is a multidimensional concept introduced by the ILO in 1999. It has four key components: employment conditions, social security, workplace rights and social dialogue. To this end, the preamble to the ILO Constitution sets out a number of objectives in this regard, including the protection of workers from illness, accidents, the protection of children, women, and the support of the elderly. The ILO pursues these noble values ​​by developing international labour and social security standards, which member states must ratify and incorporate into their national law. The purpose of these ILO standards is to provide a standard framework or regulatory tool to guide member states in establishing, improving and maintaining social security and labour law systems domestically, regionally and internationally.
 
 Against this background, this article examines selected themes on the impact of international standards on labour and social security rights enshrined in the Constitution. It looks at some of the relevant international instruments which have influenced the promotion and protection of these rights. Furthermore, it discusses the application of these standards in domestic courts, and shows how the courts have infused these standards into their judgments.

The United Nations Universal Declaration of Human Rights of 1948 asserts that social security is an inalienable human right. Realizing this human right is often considered, simply, as a matter of political will and of administrative aptitude. In these terms, the progressive realization of the human right to social security may be viewed as the outcome of an appropriately‐resourced political and bureaucratic process. Such a perspective, however, is clearly inadequate. Characteristically, bureaucracies are designed to cater to the needs of all, based on common procedures and common deliverables designed for the “typical” case. Yet such approaches often lack the necessary flexibility and resources to make a distinction between individuals, which acknowledge their respective differences and needs. To meet the international commitment to progressively realize universal social security coverage, social security administrations are key actors. However imperative this role may be, if the pursuit of this commitment fails to respect people's differences this will put at risk the meeting in full of what is envisioned by the human right to social security. To this end, this special issue aims to foster an understanding that the goal of universal coverage must necessarily also respect and respond to the individual needs of each and every person.

Compared with urban residents, great inequality exists as to the rights of farm laborers. Chinese Government has made great efforts to achieve equal rights for farmers. Farmers’ equal rights have got a lot of qualitative leap: the agricultural tax exemption, the rural and urban tax fairness; exempt from compulsory education fees, to achieve equality in education; establishing a new rural cooperative medical care, to achieve equal health insurance rights; establishing a sound social security system in rural areas, to achieve equal social security rights; amending the electoral law, to achieve equal voting rights. Due to historical reasons, there are still some problems and obstacles, such as a big gap in the urban-rural income and consumption, and uneven distribution of public resources in urban and rural areas. The government should reform rural household registration system in-depth, promote urban-rural integration to achieve the equalization of allocation of public resources, to ensure equal rights for farmers.

This article examines the legal framework for protection of social security rights of cross-border migrant workers in Kenya in the light of supranational legal rules streaming from the East African Community Treaty. It focuses on how the Kenya National Social Security Fund Act, 2013 complies with the Treaty and the Common Market Protocol. It investigates how far Kenya has gone in removing legal restrictions against equal access to social security rights as between national workers and cross-border migrant workers in line with the provisions of the EAC Treaty and the CMP. Challenges standing in the way of legal protection of migrants' rights to equal social security benefits in the framework establishment of the Treaty are examined. Data for this paper is based on doctrinal research. The results of this study shows that Kenya has made significant strides towards constitutional incorporation of the social economic rights and harmonisation or approximation of its previously inconsistent national social security laws so as to conform to EAC Treaty. The article reveals that Kenya is not capable of efficiently moving alone in implementation of the Treaty. It is recommended, inter alia, that in order to comply with the EAC law, Kenya and all other EAC Partner States need to put in place social security legal framework that is closely coordinated so as to eliminate unequal treatment in social security systems. Kenya should engage all EAC Partner States to adopt, conform and enact efficient social security laws that effectively implement the EAC Treaty obligations.

The increasing number of freelancers in Indonesia, particularly among Millennials and Generation Z, reflects a shift in employment trends toward more flexible work arrangements. However, these workers, mostly part of the informal labor sector, often do not receive adequate legal protection, especially regarding social security and labor rights. Despite their significant contributions to the digital economy and various industries, freelancers still face legal uncertainty due to the absence of specific regulations that obligate employers to fulfill their responsibilities. This study examines the legal framework governing freelancers' rights in Indonesia, focusing on Law No. 24 of 2011 concerning the Social Security Administrative Body (BPJS) and Government Regulation No. 35 of 2021. Methods, Using a normative juridical research method, this study analyzes laws, legal principles, and the effectiveness of sanctions imposed on employers who neglect their obligations. The results reveal that existing laws do not explicitly include freelancers in the category of workers entitled to social security, and the administrative sanctions are insufficient to ensure compliance. The study recommends revising the legal framework to regulate freelancers' rights explicitly and impose stricter penalties on non-compliant employers. Implementation. Such changes are essential to ensure legal certainty, justice, and social protection in Indonesia's evolving labor market.

This study aims to explain the responsibilities of employers in fulfilling the social security rights of workers/temporary daily workers at the Pupuk Magnesium Magnesium Factory in Aceh Besar, as well as the legal recourses available to workers/temporary daily workers in the event that their social security rights are not met. Magnesium Fertilizer in Aceh Besar. This research utilized an empirical legal approach as its methodology. This study utilized both primary and secondary legal materials, with the primary legal materials consisting of field data from interviews with respondents and informants, and the secondary legal materials consisting of laws and regulations, books, and scientific writing such as journals and articles pertinent to this study. The results of the study indicate that companies in Aceh Besar District have not completely implemented the Social Security program for workers with PKWT as a form of corporate responsibility in fulfilling social security rights. In fact, nearly half of the businesses in the district of Aceh Besar have not joined the social security program. The lack of employer awareness in instituting the social security program is due to a number of factors, one of which is the company's desire to reduce its financial expenses. If social security rights are not met at the Magnesium Fertilizer Factory in Aceh Besar, workers/temporary workers can seek legal recourse by increasing the participation of labor organizations in Aceh Province, particularly in Aceh Besar, and taking firm action against companies that do not comply. The Social Security program for PKWT System personnel.

Directive 2014/66/EU on Intra-Corporate Transfer regulates the temporary secondment of key personnel and trainees from third countries to the Member States of the EU. It is part of the EU external labour migration policy and aims at facilitating this policy by setting up harmonised conditions for admission, residence and work of these migrants, including the right to move and work in another Member State. This article analyses the role and meaning of the provisions in this Directive relating to the employment and social security rights of intra-corporate transferees. They are the result of cumbersome negotiations and the compromises that were reached are ambiguously and inconsistently formulated. First, this article will highlight the relevance of the worker’s employment position for determining the scope of this Directive. Next, it will analyse the role of employment and social security rights in the implementation of the Directive by the Member States. These rights are relevant as criteria for admission, as grounds for rejection of an application, as grounds for withdrawal or non-renewal of an ICT permit and as conditions for short-term and long-term mobility within the EU. Subsequently, this article will scrutinise, in detail, the provisions of Article 18 of the Directive which guarantee equal treatment with the nationals of the host State in respect of employment and social security rights. Special attention will be paid to the interrelationship of this Directive with other EU legal instruments such as the Posting of Workers Directive, the Rome I Regulation and social security Regulation 883/2004. It concludes that the complicated and contradictorily worded provisions on employment and social security rights in this Directive reflect the ambiguity in the perception of the status of this type of migrant worker coming from a third country: are they to be considered as temporary workers or do they really participate in the labour market of the host Member States?

Is traditional knowledge able to address the current relationships between health and work? The perspective that aligned the ideas aimed to encourage the willingness of researchers, professionals, and service technicians to face the limits of theoretical and methodological frameworks adopted so far due to changes related to the globalized economy. Technological innovations in old and new production processes, loss of labor and social security rights that were once guaranteed, and weakening of trade union organizations have changed labor relations. The characteristics of employment, as discussed later in this article, have generated insecurity for both employed individuals or people looking for a job 1,2 . This article has two focal points: criticize old ways of conducting research that are insufficient nowadays and provide suggestions for current research and investigations addressing new problems. In the 1970s, at least two factors contributed to the onset of another crisis of capitalism: a drop in productivity achieved in the previous period of uninterrupted growth and inflationary process associated with the oil crisis in 1973, among other issues. In this context, the dispute for markets found obstacles in the series production and standard employment characteristic of the long Fordist period 2 . To compete with others, companies started to produce more, leading to the introduction of new technologies and new models of work organization and management 3 . To reduce labor costs, instead of typical employment, the productive restructuring of the 1980s was marked by the flexibilization of employment contract 1 . In this system, the idea was to stimulate consumption, which, in turn, defined what would be produced, and not the opposite, as in series and mass production 3 . In this transformation, the standard employment relationship characterized by a full-time job for an indefinite period, with a fixed role, in a clearly defined company, in its premises, and with access to benefits and guarantees loses ground. Instead of stability, different employment bonds are highlighted, such as part-time, temporary, subcontracted, and outsourced work. These types of jobs are authorized by the State, in line with neoliberal ideas, in the form of regression and deregulation of labor rights acquired in previous decades 4 . The change in the paradigm of homogeneous and stable employment and its consequences on salaries, according to Castel 5 , is related to a gradual increase in Brazil of people that has no basic survival conditions, including adolescents who wash cars, sell sweets, work in the sex market, and distribute and sell illicit drugs 6, 7 . A large number of the workforce, on the one hand, has most occupations with the worst pay requiring lower educational or professional qualification, such as street vendors, delivery men,

The accumulation of national and international developments in the historical process has necessitated the protection of individuals by establishing some security against economic, social and natural risks. The right of social security is shaped to respond to this necessity and is guaranteed by many international regulations. It is important for artists to have access to the right to social security, to feel safe and secure against their risks during their lives, and to reduce their worries about the future. Indeed, artists play an important role in the advancement of societies through creative and critical perspectives. Today, societies that have made a significant contribution to art and artist are also making progress in social, cultural and economic matters. For this reason, there is a social sense as much as individual artists have to take advantage of social security. However, the problems that the artists have in terms of labor legislation in order to reach the labor rights in general are affecting the social security rights in the negative direction. In this context; classical social security norms are not fully compatible with the art of the artistic work and it is difficult for the artists to reach the right of social security because of the unique structure of the working styles of the artists. As a matter of fact, a large number of artists other than artists subject to status law are generally involved in temporary or project-based work, deprived of income and job security, and frequently fluctuating in their incomes. At this point, the examination of the original practices developed in some countries in terms of accessing the social security rights of the artists presents an idea in terms of the development of proposals for the subject in terms of our country. In this study, it was aimed to present the principles related to the Social Security Fund of the artists who are one of the original applications and who are miserable in Germany, and to contribute to the steps to be taken in relation to the subject in terms of our country.

This article explores the employment and social security rights of third-country nationals guaranteed by a number of EU Directives which are specifically meant to promote and regulate labour migration to the EU. Some were agreed with a view to making the EU more attractive for labour migration from outside the EU. Others were meant to (partially) harmonise rights and/or procedures in order to create a level playing field between the Member States. More specifically, it examines the relevant provisions in the Blue Card Directive 2009/50, the Employers’ Sanctions Directive 2009/52, the Single Permit Directive 2011/98, the Seasonal Workers Directive 2014/36, the Intra-corporate Transferees Directive 2014/66 and the Students and Researchers Directive 2016/801. The article emphasises that this set of EU labour migration Directives are the result of a sector-by-sector approach. The EU failed to adopt an overall and common EU labour migration policy and corresponding legal instruments. Even with regard to entitlement to equal treatment in terms of employment and social security rights, these EU instruments lack a common approach and give the Member States room to provide for exceptions. In addition, these Directives do not contain any provisions regarding the aggregation of periods of insurance, employment or residence. As a result, they offer additional protection for the social security rights of migrant persons, but they need to be complemented by other instruments such as multilateral or bilateral agreements with third countries, or even human rights instruments.

The focus of this work is on the protection of the rights of migrant workers and their families in countries of employment under international human rights law. The rights under examination are economic, social, cultural, political, and residence rights, which are arguably of most concern to migrants once they are in the host country. For the purpose of this study, economic and social rights are defined as follows: employment rights, which incorporate the right to equal treatment with nationals in respect of work and employment conditions and the right of access to employment; trade union rights; social security rights; the right to health, which covers rights to healthcare and occupational health and safety; the right to housing, including private ownership of property; the right to family reunion; and the right to education, which comprises both the education of mi grant children and workers ‘ education, such as vocational training and langu:-tge instruction. The cultural rights of migrant workers and their families embrace the right to retain and develop their culture and language as well as the right of the children of migrants to be taught their culture and language or to be educated in their language. The political rights of migrants encompass a right to political activity and a general right to participate in the decision-making process con cerning their interests, including the right to vote and to stand as a candidate in local elections.

Background: Today, the Eurasian Economic Union (hereinafter the EAEU) has formed its own labour market; however, in the current international environment, issues related to ensuring the health protection of migrants and their access to employment persist. Despite ongoing efforts within the EAEU to develop and deepen Eurasian integration and improve the regulatory framework, there is a need in the age of digitalisation to develop better access for workers to social protection and medical support systems. The relevance of this scientific article lies in the presence of problematic issues related to the fact that many migrants are not registered and lack the documentation to protect them legally and financially; this situation contributes to the development of informal employment and low labour productivity. Although the EAEU countries have established working and socio- economic conditions, the issue of ensuring health protection, access to work, and social protection for labour migrants remains unsolved. Methods: This article employs various methods of scientific cognition, including historical and legal analysis, comparative legal study, induction and deduction, as well as analysis and synthesis. It also applies the acts and regulations of the ILO. What is the role of protecting the socio-economic and labour rights of migrant workers as the main task of receiving states? In law enforcement practice, to what extent do the provisions of international agreements on the organised hiring of workers between receiving countries and countries of origin of migrants ensure the adaptation of migrants to the legal regime of the host country, the participation of migrants in the functioning of civil society institutions, and the monitoring of migration processes? How does national regulation of labour migration in integration associations of states rationally organise their actions on the principles of national treatment for migrant workers? Labour migration strengthens integration unions, creating strong social ties and developing civil society institutions within the boundaries of integration associations. Since state sovereignty is inextricably linked to the protection of the interests of fellow citizens in regulating labour migration, all states participating in regional integration are called upon not only to protect the rights of migrant workers but also to provide all conditions for migrants to fulfil their obligations to civil society. The study examined the free movement and provision of labour and social guarantees for labour migrants in the EAEU and compared their situation in the EU. It also surveyed labour migrants in the EAEU by questioning workers in education, medical care, and various private sectors. This article is based on the results of this study. This article examined the challenges in providing guarantees and social protection for EAEU labour migrants. It proposed improvements to legal regulatory mechanisms and outlined recommendations for improving and expanding opportunities for free movement while better safeguarding the social and labour rights of migrants in the EAEU. The study’s primary objectives were as follows: - Examining the provisions of the ILO Convention on migrant workers. - Collecting and analysing data on labour movement across the EAEU - Analysing international EU treaties regarding the legal status of migrant workers - Interviewing migrant workers in the EAEU on issues related to their provision of rights and guarantees under the EAEU Treaty. Results and conclusions: This study highlights the need to organise safe labour migration, provide labour migrants with full access to digital services, improve the system of vocational and technical education in line with labour market demands, as well as develop and implement a unified system for ensuring the safety of workers and their families. Successful adaptation in the host country is identified as a critical factor for both labour migrants and their families. The authors recommend adding a dedicated chapter to the EAEU treaty that would comprehensively address labour and social rights, along with their guarantees.

This article proposes to present an overview of the labor and social security rights of health professionals, before and during the pandemic, notably with regard to compliance with health and safety standards and their consequences in the employment contract.

For many years, South African courts have relied on International Labour Organisation conventions to interpret and give meaning to the fundamental social security and labour law rights enshrined in the Constitution, 1996. Social security and labour law has been one of the ILO's major initiatives of promoting decent work agenda since its inception in 1919. Decent work refers to the availability of employment in conditions of freedom, justice, security and human dignity. This is a multidimensional concept introduced by the ILO in 1999. It has four key components, namely, employment conditions, social security, workplace rights and social dialogue. To this end, the preamble to the ILO Constitution sets out several objectives in this regard, including the protection of workers from illness, accidents, the protection of children, women, and the support of the elderly. The ILO pursues these noble values and goals by developing international labour and social security standards, which member states must ratify and incorporate into their national law. The purpose of these ILO standards is to provide a standard framework or regulatory tool to guide member states in establishing, improving and maintaining social security and labour law systems domestically, regionally and internationally. Against this background, this article examines selected themes on the impact of international standards on labour and social security rights enshrined in the Constitution. It looks at some of the relevant international instruments which have influenced the promotion and protection of these rights. Furthermore, it shows how the courts have infused these standards into their judgments in South Africa.

Objective: The objective of this study is to analyze the social security protection of immigrants in Brazil, focusing on international social security agreements and their effectiveness in ensuring rights comparable to those of Brazilian beneficiaries. Theoretical Framework: The research is based on concepts of social protection, social security rights, and international treaties, emphasizing the relevance of social security agreements as mechanisms to guarantee equitable rights for migrant workers. Method: The methodological approach adopted is exploratory and descriptive, comprising a literature review and documentary analysis of international social security agreements and relevant legislation. Results and Discussion: The results indicate that international agreements play an essential role in the social security protection of immigrants, allowing the totalization of contribution periods and facilitating access to benefits. However, challenges such as legislative harmonization and the simplification of administrative procedures remain, although some agreements satisfactorily address these issues. Research Implications: This research provides insights into the importance of international cooperation to ensure equitable social security protection, highlighting the need for effective practical implementation of agreements and coordination among signatory countries. Originality/Value: This study enriches the literature on social security protection by highlighting the effectiveness and challenges of international social security agreements, offering an analysis that can guide policies and practices for the protection of immigrants in Brazil.