Interest Disputes Research Articles

The Authority of the Industrial Relations Court in Resolving Labour Disputes in Indonesia

The Industrial Relations Court has the authority to resolve Industrial Relations Disputes by the Industrial Relations Dispute Settlement Law, namely Law Number 2 of 2004. This study aims to analyze the limitations of the authority of the Industrial Relations Court with the Supreme Court Circular (SEMA) Number 7 of 2012. The type of research used in this paper is normative juridical. The statutory approach and the conceptual approach are used. The analysis uses qualitative description. The results of this study show that the settlement of industrial relations disputes through the Industrial Relations Court can be carried out after settlement through non-litigation methods is unsuccessful. Disputes that can be resolved in the Industrial Relations Court are Industrial Relations Disputes, namely Rights Disputes, Interest Disputes, Termination of Employment Disputes and Disputes Between Trade Unions. The Industrial Relations Court can resolve disputes as long as other dispute cases do not accompany them, such as bankruptcy or criminal cases.

Environment court, shareholder conflict and corporate governance: evidence from market reactions to bank loan announcements

Purpose This paper aims to investigate the impact of environmental risk on corporate governance through market reaction to bank loan announcements. Design/methodology/approach Using the establishment of environment court in China as a quasi-natural experiment, this paper adopt the difference-in-differences approach based on listed firms during 2003–2013 to explore the impact of environment court on corporate governance. Findings This paper find that the environment court would weaken the cumulative abnormal return of loan announcements. Then, this paper confirm that the potential reason is that environment court worsens the interest conflict between majority and minority shareholders. Further, cross-sectional analysis suggests that bank’s supervision, market competition and analyst coverage can alleviate the impact of environment court on corporate governance. Practical implications Environment courts intensify firms’ internal interest disputes, thus causing the decrease of corporate governance, which can be observed through the effect of bank loan announcements. Social implications This paper provide reference for environmental policy formulation and implementation, firms’ decision-makings and improving the banking regulatory system. Originality/value This paper makes a contribution to the studies about the impact of environment court on firms’ decision-making and investors’ reaction, the impact of external factors on corporate governance and bank loan announcements effect.

Industrial Relations Dispute Resolution Model in Indonesia

This research aims to find out and examine industrial relations dispute resolution models in Indonesia. This research is normative legal research using a qualitative approach. The results of the research show that there are several types of disputes, namely Rights Disputes, Interest Disputes, Termination of Employment Disputes (PHK), Disputes between Trade Unions/Labor Unions. The author took the example of the case of PT Holcim Indonesia Tbk's unilateral layoff of its employees which was resolved through litigation in court. Industrial relations. With the enactment of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes, there is a guarantee of protection for workers regarding the basic rights of workers/laborers and guarantees of equality, opportunity and equal treatment without discrimination on any basis.

Investment Treaty Arbitration Caught in The Public-Private Law Divide

The ongoing reform of investor-state dispute settlement (“ISDS”) underlines the pertinence of an old question that has received various and conflicting answers: Is investment arbitration a public or private method of dispute settlement? A key criticism leveled at investment treaty arbitration is that public interest disputes are decided by a system of private justice. This article critically reviews the dominant interpretations of investment treaty arbitration as public, private, or hybrid. It argues that the subjective nature of each interpretation means that none of them can be definitively adopted. Rather, the real arguments in favor of or against arbitration lie beyond the traditional debate. The article shows that investment arbitration displays important commonalities with international court systems, with its presumed unique features—including party autonomy—appearing a little less unique on closer inspection. Ultimately, a system is what states make it, irrespective of whether its particular features are described as public or private.

Diplomatic Strategies in Addressing Climate-Induced Migration: A Critical Review of South Asian Nations

Climate diplomacy's responsibility is to assure the successful and timely development of several complex international regimes, as well as its operation and monitoring to handle emerging difficulties. Climate diplomacy bridges the fundamental gap between regional interest disputes and cross-border cooperation. This review article is based on a secondary literature review where the climate diplomacy practices of the South Asian Nations have been critically evaluated based on treaties regarding climate issues and level of engagement in global climate forums, the impact of climate migration-related consequences, and the political responses and impact of regional geo-political practices. The historical occurrence of political and economic instability in South Asian countries has consistently resulted in the phenomenon of migration. Due to climate change, the rates of negative migration have further escalated. The primary focus of the essay is to illustrate the similarities and differences in various practices throughout South Asian countries, with each country's part being assessed individually based on the aforementioned elements. Furthermore, the objective of this essay is to assess the extent of potential collaboration initiatives in the future between these neighboring nations, taking into account geopolitical considerations.

ПРАВОВА ПРИРОДА ТА ПОРЯДОК ВИРІШЕННЯ КОЛЕКТИВНИХ ТРУДОВИХ СПОРІВ

The purpose of the study is a comprehensive analysis of current theoretical and practical problems related to the nature of legal disputes in the field of collective labor dispute resolution in Ukraine and the development of a modern approach to the procedure for resolving such disputes. The task of this article is based on the research of issues related to the establishment of a legal relationship between the definition of "legal dispute" and the concept of "collective labor dispute"; analysis in this connection that is of the nature of collective labor disputes; elucidation of the peculiarities of "pre-trial" and "out-of-court" settlement of a collective labor dispute"; judicial review of collective labor disputes; expression of a position regarding the understanding of the nature and procedure for resolving collective labor disputes. During the conducted research based on a synergistic approach of methodological interaction, theoretical methods of systematic analysis of the main definitions related to the subject of the article, explanation of the position of the authors of the publication taking into account the comparison of national and foreign practice of resolving labor conflicts and empirical methods, in particular, observation, as well as the description of issues were used being covered by the purpose of publication. Results. Thus, according to the authors, collective labor disputes have characteristics of both "dispute about rights" and "dispute about interests". A conciliation and arbitration procedure is used for the disputes, the legal mechanism of which is defined by a special legislative act - the Law of Ukraine "On the procedure for resolving collective labor disputes (conflicts)", that, being part of the legislation of Ukraine, corresponds to international legal acts. "Disputes of interest" are resolved through conciliation procedures, which, in our opinion, should not be subject to the jurisdiction of the courts. Such disputes should be resolved out of court. Part of collective labor disputes, which include requirements for the implementation of a collective agreement, contact, or individual provisions thereof, or non-fulfillment of the requirements of labor legislation (sub-para."c" and "d" of Article 2 of the Law of Ukraine "On the procedure for resolving collective labor disputes (conflicts)") are "disputes about rights", identified with the concept of "legal dispute". Courts have jurisdiction over such disputes. Conclusions. In addition to the legally defined cases of direct appeal to the court, collective labor "disputes about the right" that have the characteristics of a legal dispute, are subject to a mandatory pre-trial dispute settlement procedure. According to the practice of the ECHR, the conciliation and arbitration procedure for resolving collective labor disputes does not indicate a limitation of access to justice. The right of access to a court is not absolute. It can be regulated by national procedures to ensure the effectiveness of the administration of justice

Процедурно-процессуальный правовой механизм охраны и защиты трудовых прав в Российской Федерации

Introduction. In the article, the protection of labor rights is considered as fundamental categorie of legal science. The most appropriate labor-legal procedural legal mechanism is proposed. Purpose. Develop a concept for the protection of the labor rights of subjects in modern conditions of differentiation of the labor sphere, the introduction of new forms of employment and organization of labor using digital and online technologies. Methodology. Methods of analysis, synthesis, formal-legal, comparative-historical and comparative-legal, method of interpretation of legal acts are used. Results. Based on the study of the regulatory framework and the works of lawyers, it was concluded that labor protection form independent institution of the branch of labor law, which in itself is law enforcement and human rights. The judicial procedure for the protection of labor rights is established only for individual labor disputes on the application of existing legal norms (disputes about the law). For collective labor disputes, which are disputes on the establishment of new working conditions (disputes of interest), the legislation provides for an exclusively out-of-court settlement procedure. Differentiation of the legal regulation of labor relations is fully characteristic of the protection of labor rights. The sectoral system of protection of labor rights created in Russia is procedural and Judicial procedural which was noted by Professor V.N. Skobelkin, whose theory of the plurality of labor relations allows the withdrawal of procedural and Judicial procedural norms and the formation of a new branch of them - labor procedural law. Conclusion. The growth in the number of norms of labor law and employment law and their deep differentiation allows in modern conditions to return to the discussion about the formation of an independent branch of labor procedural law.

T-DSES: A Blockchain-powered Trusted Decentralized Service Eco-System

Existing Web service eco-systems are typically managed in a centralized manner, which hinders their further development due to inherent disadvantages such as trust issues, interest disputes, value separation and so on. The recently emerged blockchains provide distributed ledgers that enable parties who do not fully trust each other to maintain a set of global states, which provide a natural solution. Based on the INKchain, which is an open-source permissioned blockchain mechanism extending the Hyperledger Fabric, this paper proposes Trusted Decentralized Service Eco-System (T-DSES). T-DSES achieves not only fundamental functionalities of conventional systems, but also offers mechanisms to stimulate participants to bring trustworthiness to the whole system. The trustworthiness of T-DSES is realized by three strategies: reliable information of services and mashups, reliable records of participants’ rights, and reliable measurement of participants’ contributions. A customized token “SToken” is created to act as the media of value circulation. In this paper, the overall framework and detailed design of T-DSES are presented, especially including how to utilize Kubernetes to establish a cloud-based environment. A tailored Web front-end ensures the usability of operations. Over real-world data from ProgrammableWeb.com, analyses and experiments have been conducted to verify the feasibility and effectiveness of the presented approach.

Characteristics of the Scandinavian model of legal regulation of labor relations (on the example of Iceland)

This article considers scandinavian legal regulation of labor relation on the example of Iceland. The author analysed the basic laws governing labor relations, and concluded that Icelandic labor law works in conjunction with collective agreements. The rules and conditions of collective agreement are more adapted to specific types of organisations, unlike legislation rules of which applies to all types of organisations. Collective agreements are binding for all parties to the agreement, regardless of whether they are organizations or individuals. The responsibility for the company lie with employers’ confederations, trade unions and employees, that’s why the state doesn’t interfere in regulation of wages, working conditions and social protection, because they are mainly guaranteed by collective agreements, not by legislation. Labor disputes in Iceland are divided into “disputes of law” and “disputes of interest” and have different resolution mechanisms. “Disputes of law” concern the interpretation or application of the provisions of labor law: differences in the meaning of the statutes; provisions of individual employment contracts; provisions of collective agreements; and other legally binding provisions. “Disputes of interest” concern the establishment of new laws by agreeing on the contradictory content of collective agreements, working conditions etc. There are two stages of Icelandic procedure of labor disputes : 1) negotiations; 2) trial. Icelandic Labor Court is an integral part of the corporate structure of labor market. Labor Court is responsible for setting and creation of case law and balance industrial relations system and labor law. Another important role in Icelandic labor market is played by trade unions. By signing collective agreements with employers’ organisations trade unions strength labor market and provide employees with better working conditions that are more adapted to specified categories of industries.

Conflict and Integration: A Qualitative Study on the Dormitory Life Experience of Freshmen

Dormitory is an important place for college students to live and study. Dormitory life is the starting point for college students to adapt to collective life. Paying attention to the dormitory life experience of freshmen will help colleges and universities improve and optimize their dormitory management strategies, so as to improve the overall level of serving students. Using qualitative research methods, this paper analyzes the dormitory life experience of 50 freshmen in Jiujiang University. The study found that the dormitory life experience of freshmen has significant characteristics of conflict and integration. The dormitory life conflict is mainly affected by living habits, personality differences, communication barriers, interest disputes, interest concepts, growth background and so on Learning and cooperation can well promote the integration between dormitory members. The conflict between dormitory members is not irreconcilable, and the transformation from conflict to integration can be realized under certain conditions. Therefore, the dormitory management of colleges and universities needs to minimize or dilute the factors that cause conflicts among dormitory members, strengthen or highlight the factors that promote the integration of dormitory members, such as collective activities, dormitory gatherings, casual communication, food sharing, learning cooperation, actively create a dormitory living atmosphere of unity, harmony, equality and cooperation, and finally realize the transformation from conflict to integration.

Legal Results of Tripartite Mediation Termination of Employment Without Including Employment Service Provider Companies

Industrial Relations Mediation, hereinafter referred to as mediation, is the settlement of rights disputes, disputes of interest, disputes concerning termination of employment, and disputes between trade unions / labor unions in only one company through deliberations mediated by one or more neutral mediatorsThe issues discussed are (1) How is the implementation of Industrial Relations Dispute Settlement through tripartite mediation at the Padang City Manpower and Industry Office? (2) What is the legal consequence of tripartite mediation due to Termination of Employment without involving workers' service providers?This writing was made in the form of normative juridical writing, coupled with a sociological juridical approach as a support. In principle, the implementation of tripartite mediation in the Settlement of Industrial Relations Disputes by the Department of Labor and Industry of the City of Padang has supported its functions as mandated by the Law. According to Minister of Manpower and Transmigration Regulation No.19 of 2012 in a Work Agreement on the Provision of Workers' Services, three) legal subjects, namely employer companies, worker service providers and workers / laborers. Exclusion of workers service providers,

Penyelesaian Perselisihan Hubungan Industrial Menurut Undang-Undang Ketenagakerjaan

Disputes or disputes are always possible in every human relationship including disputes inwork relations. Industrial relations disputes usually occur between workers / employers and employersor between workers 'organizations / labor organizations and company organizations / employers'organizations. Industrial relations disputes can be divided into two, namely: a) Industrial relationsdisputes according to their nature, which consist of: Collective industrial relations disputes, andindividual industrial relations disputes b) Industrial Relations Disputes according to their type, whichconsist of Rights Disputes and Interest Disputes. This research is a normative legal research that is astudy that mainly analyzes the provisions of positive law and the principles of law, by carrying outsystematic explanations. The problems studied are how is the Industrial Relations Dispute ResolutionMechanism according to the Labor Law. The industrial relations dispute resolution mechanism iscarried out in two ways, namely through a non-litigation path that is carried out by bipartid (eachdisputing party) and tripartid (mediation, negotiation, and consolidation) and through litigationchannels (court lines namely Industrial Relations Control.

Transatlantic enforcement of Dutch collective settlement judgments: the case of Canada

This article aims to discuss the enforcement of foreign collective action and settlement judgments in Canada. More specifically, it investigates the enforceability of the decision by the Amsterdam Court of Appeal declaring binding a class settlement in the Ageas case. The development of the Netherlands into a prime venue for (cross-border) collective settlements – including with respect to claimants and defendants residing across the Atlantic – renders a discussion of the enforceability of court decisions pertaining to the collective settlement of disputes of interest from a Dutch, EU and extra-EU perspective.

Position of Collective Labor Agreement as a Company Autonomous Law: Industrial Relation Dispute Settlement Approach

Collective Labor Agreement (CLA) is one of the main pillars that can be used in resolving disputes that occur in the company, However, there are problems concerning the implementation of CLA. The purpose of this research is to find and identify factors that can trigger disputes in the implementation of CLA, the probability of amendment of the CLA, identify the position of CLA in resolving Industrial Relation Disputes and find a mechanism of settlement in the implementation of the CLA. The research was carried out using empirical legal methods and analyzed using qualitative methods. The results are presented in a descriptive analysis report. The results of this research showed differences in interpretation, when unclear validity arrangements and adjustments of the new legislation happen were triggering disputes in the implementation of the CLA. Based on goodwill from the CLA parties, amendments could be made through negotiations in accordance with the mechanism stipulated in the Laws and Regulations. The position of CLA is an autonomous law that applies to the company and is an important element in preventing and resolving Industrial Relation Disputes. Finally, the settlement through bipartite, tripartite and Industrial Relation Court are the mechanism that can be taken for interest disputes.

A riqueza socioemocional e o declínio em uma empresa familiar: um estudo da Guerra S.A.

Este estudo buscou analisar os fatores que levaram a empresa Guerra S.A. ao declínio e posterior encerramento das atividades. A informação fidedigna proporcionada pela contabilidade permite decisões assertivas ao longo da vida das organizações, tornando-as competitivas e propiciando desenvolvimento no decorrer das gerações familiares donas do negócio. Assim, desenvolveu-se esta pesquisa sob a perspectiva dos ciclos evolutivos e da riqueza socioemocional, abordando-se, em especial, o declínio organizacional—uma fase do modelo do ciclo de vida proposto por Miller e Friesen (1984). A investigação foi realizada por meio de análise de conteúdo de reportagens extraídas de jornais e outras mídias virtuais. Optou-se por uma abordagem qualitativa, ao utilizar dados obtidos de fonte escrita. As comprovações obtidas sugerem que o declínio, última fase do ciclo de vida organizacional e, consequentemente, a falência e o encerramento das atividades da Guerra S.A. deveram-se muito pelo fato de os tomadores de decisão não atuarem de forma eficaz e enérgica na resolução dos problemas enfrentados pela empresa e por disputas de interesse entre a controladora e o membro familiar que respondia por cotas minoritárias das ações. Em síntese, esta pesquisa contribui para que empresas familiares e seus representantes compreendam a relevância que aspectos emocionais podem trazer à empresa familiar por meio da abordagem da riqueza socioemocional.

Metalinguistic negotiation and speaker error

ABSTRACT In recent work, we have argued that a number of disputes of interest to philosophers – including some disputes amongst philosophers themselves – are metalinguistic negotiations. Prima facie, many of these disputes seem to concern worldly, non-linguistic issues directly. However, on our view, they in fact concern, in the first instance, normative questions about the use of linguistic expressions. This will strike many ordinary speakers as counterintuitive. In many of the disputes that we analyze as metalinguistic negotiations, speakers might quite strongly resist the idea that their debate is in any sense about language. In this paper, we explore and provide responses to what we take to be the best versions of an objection that our view involves an unacceptable attribution of false beliefs to ordinary speakers.

Embates e disputas na política nacional de Educação Especial brasileira

Resumo A elaboração da Constituição Federal , na década de 1980, evidenciou processos de lutas de interesses entre diferentes setores da sociedade na elaboração de políticas públicas no Brasil. As políticas de educação especial têm sido elaboradas nessas circunstâncias, sob as pressões de segmentos sociais. Com atenção a essa dinâmica, este artigo propõe-se a evidenciar a atuação de diferentes atores (instituições especializadas, técnicos do Mistério da Educação, grupos de pessoas com deficiência e seus familiares, Ministério Público Federal, pesquisadores do campo da educação especial) na proposição e na implementação da política nacional de educação especial no Brasil. Toma-se como recorte histórico o período entre 2001 e 2018. Foram coletadas informações de jornais impressos e online , blogs de comentaristas, páginas WEB representativas do poder público e de instituições especializadas privadas, atuantes na forma de Organizações Não Governamentais (ONG). Verifica-se que o período se caracteriza por disputas em que há a evidente ação das parcerias históricas na formulação de diretrizes para a educação especial e o fortalecimento de outro grupo composto por pais, pesquisadores do campo, técnicos e assessores políticos, que passa a combater explicitamente a histórica atuação das instituições especializadas. Conclui-se que essas disputas levaram à constituição de uma polaridade que não tem colaborado para o amadurecimento de propostas e projetos adequados às especificidades dos alunos da Educação Especial, no que se refere à atenção aos recursos e às especificidades educacionais e ao financiamento público das ações a esse campo.

Health and Food and Nutritional Security Policies: challenges in controlling childhood obesity.

The study analyzed the initiatives of prevention and control of childhood obesity, especially those of Adequate and Healthy Food Promotion (PAAS) which have been part of the policies of the Brazilian federal government for the last 15 years. All documents that feature PAAS initiatives in the food and nutrition security, as well as public health policy fields, were evaluated according to the following criteria: (1) the approach to PAAS initiatives; (2) the aspects of obesitythat they intend to affect and (3) potential interest disputes. The main PAAS initiatives identified are intended to encourage: food and nutrition education; agroecological production systems; family agriculture; food accessibility; healthy environments and regulatory measures. These initiatives alter different aspects of childhood obesityand highlight different conceptions about the problem and affect different interests. We highlight the disputes between the interests of the processed foods and agribusiness corporations, and the governmental and corporate sectors guided by PAAS objectives. Measures aimed at regulating purchases and publicizing unhealthy products for children, are those that best express the interests involved.

HUBUNGAN HUKUM ACARA PERDATA DENGAN HUKUM ACARA PERADILAN HUBUNGAN INDUSTRIAL

The legal relationship between civil proceedings and the judicial law of industrial relations law pursuant to Law Number 2 Year 2004 is an industrial relations tribunal constituting a special court within the jurisdiction of the public duty charged and authorized to examine and decide upon: the first level of rights disputes and interest disputes and disputes between Union / trade union in one company, which in the context of civil procedure law is the legal guidance of industrial relations court event. Obstacles to the implementation of industrial relations court based on Law no. 2 Year 2004 is the implementation of industrial relations judiciary we can see so far that there are not in line or not synchronized between the two, such as the competence, procedures and application of the principle of fast judicial with cheap is still in doubt. And there are still some interests of workers that can not be handled by industrial relations

Los países emergentes en el G-20 y la política seguida por Argentina

En este artículo se analiza la presencia de los países emergentes en la gobernanza global a través de la participación desplegada por ellos en el G-20, con el fin de identificar la posición de Argentina en este ámbito multilateral, y determinar el uso que hizo de su poder como potencia media. Para cumplir con este objetivo consideramos las cumbres de jefes de Estado y de Gobierno del G-20, desde la primera realizada en Washington, en 2008, hasta la novena llevada a cabo en Brisbane, en 2014. Observamos que más allá de las diferencias y disputa de intereses, países desarrollados y emergentes convergieron en sostener las Viejas instituciones internacionales como el FMI. Argentina, de participación intensa en las cumbres pero sin una estrategia de influencia, quedó fuera de esta coincidencia y perdió poder en las reformas producidas en los medios multilaterales de crédito.