Employment Protection Research Articles

Legal regulation of anti-discrimination and mobing in the field of labor

The absence of discrimination in the workplace is an important condition for productive work, mental and physical health of employees, preservation of a sense of human dignity and personality development, a healthy moral climate in the team, effective communication in production in vertical and horizontal planes and other necessary processes in the field of work, since any labor team is not only a production, but also a social environment. The negative impact of discrimination is felt far beyond the boundaries of a specific workplace, as negative emotions affect a person's family, friendships, and other social relationships. Anti-discrimination problems are the subject of research by specialists in legal, social and economic sciences, in particular, the legal protection of employees is being studied according to individual characteristics: gender, disability, HIV-positive status, migration, gender identity, ethnic or linguistic minorities, etc. There are a number of international and national regulations that prohibit unequal treatment of employees on grounds unrelated to a person's qualifications, productivity, and business qualities. Prohibition of mobbing (harassment) and establishment of responsibility for such actions became a relatively new phenomenon for national legislation. Adherence to the principle of equal treatment of employees and non-discrimination is one of the main areas of activity of the International Labor Organization, which is reflected in the norms of a number of conventions and recommendations. One of the latest is Convention No. 190 on Violence and Harassment, adopted by the ILO in 2019, which once again emphasizes the importance of creating decent working conditions for individuals on the basis of equality in the absence of any violence or harassment. In Ukrainian legislation, there are norms regarding the support of certain vulnerable groups of employees - minors, persons of pre-retirement age, internally displaced persons, persons with disabilities and others. This phenomenon is sometimes called "positive discrimination", which is socially determined. Discrimination and mobbing must be excluded from labor relations as those that reduce the quality of life, hinder decent work and human development, therefore the presence of clearly defined norms that establish responsibility for such actions is very important. Anti-discrimination legislation provides for disciplinary, material, financial, administrative and criminal liability for relevant offenses. Changes were made to the administrative legislation regarding the establishment of liability for mobbing (harassment) at the workplace, but there are no clearly defined norms regarding liability for violation of the prohibition of discrimination, as well as no definition of the act itself.

Protection of personal data of the employee

The article draws attention to the fact that today, in the conditions of a developed information environment, the wide spread and use of various information technologies and systems, the maintenance of automated databases, on the one hand, significantly simplifies the provision and use of information, on the other hand, the risk of illegal interference in personal data increases and family life of a person and misuse of his personal data.
 The entry into employment is preceded by the work of the employer’s personnel service on personnel selection, within which personal information is received from job applicants. The personnel service is also responsible for the collection, processing, storage and use of data about employees. Today, the use of various telecommunication systems and automated databases in this process increases the risks of disclosure of the employee’s personal information, which may cause him material or moral harm. So, modernity presents authorized state bodies and employers with the task of ensuring reliable protection of personal data of employees.
 The article examines the views of scientists regarding the categories “human rights protection” and “employee personal data”. Problematic aspects of the Code of Labor Laws of Ukraine, the Law of Ukraine “On Protection of Personal Data” and the draft Law of Ukraine “On Labor” regarding the completeness of legal regulations on the protection of personal data of employees are outlined.
 An author's definition of the terms “employee personal data” and “employee personal data protection” is proposed. Personal data of an employee is any information related to a specific natural person working on the basis of an employment contract, provided to the employer or collected by him in accordance with the law. The protection of personal data of an employee is the use of opportunities (tools) provided by law for the prevention of offenses in the field of collection, storage, use, destruction, dissemination of information related to a specific natural person working on the basis of an employment contract, termination of the specified offenses and renewal of violated rights in this area.
 Proposals for improving national legislation in the field of protection of personal data of employees are provided. In particular, it is proposed to supplement the Code of Labor Laws of Ukraine and the draft Law of Ukraine “On Labor” with a separate article “Protection of employee’s personal data”, which provides for the definition of the terms “employee’s personal data” and “employee’s personal data protection”; establish a list of information that is the employee’s personal data; establish the employer's obligation to protect the employee's personal data; establish disciplinary and material liability for employees performing work related to personal data processing for violation of personal data protection legislation, as well as material liability for employers for violation of personal data protection legislation.

The Problem of New Non-Standard Employment Forms: Analysis of Challenges and Opportunities

Purpose: This paper analyses challenges and opportunities posed by new non-standard forms of employment. Method: Such employment forms have emerged in response to changes in the labor market and the need for greater flexibility in the workforce. However, they also pose challenges to workers, employers and policymakers, such as the erosion of traditional employment protections and the need to adapt social welfare systems to meet the changing needs of workers. Results and conclusion: This paper argues that these challenges can be addressed through careful policy development that balances the need for flexibility with the need for worker protection. It explores the range of non-standard forms of employment, including part-time work, temporary work, agency work, self-employment and platform work, and the challenges each presents. It also examines the role of social partners, such as trade unions and employer organizations, in negotiating better terms and conditions for non-standard workers. Research implications: The paper identifies several opportunities associated with non-standard forms of employment, such as increased entrepreneurship and innovation, more excellent work-life balance, and the potential for new forms of social protection. Originality/value: This paper comprehensively analyses the challenges and opportunities associated with new non-standard forms of employment. It provides insights for policymakers, employers and workers seeking to navigate the rapidly changing labour market.

Application of ergonomic interventions in the informal sectors of India

A large proportion of the labor force in India (90%) is directly employed in the informal sector, which is notably higher than in othercountries. Most employees work on a contract or temporary basis. Labor laws are generally not applicable to informal sectors.Among them, there is a lack of awareness of occupational safety and health, which includes less attention to industrial hygiene, poorhousekeeping, and poor employee protection. In 2001, the problem of integrating the informal economy with the formal economy waswidely discussed at the International Labor Conference. We need to include one more issue: work comfort applications in the informalsectors. Many of these workers suffer from various types of work-related disorders. It is noted that through the use of low-cost measures, their conditions can be improved. Several interventions have been developed and applied across various informal sectors in India through an ergonomics-involved approach. A detailed study was conducted to determine the effectiveness of these interventions. It is necessary and important to apply precise interventions and find out the behavioral approaches of users to the use of interventions. As the informal sector grows steadily in various developing countries, ensuring the comfort of workers is becoming a challenge in these parts of the world. Surprisingly, low-cost health interventions can increase the productivity of the informal sector by up to 30%. Workrelated musculoskeletal disease (WMSD) is also prevented. Proper implementation of ergonomic interventions can ultimately improve the occupational health of informal workers as well as the nation's economy.

Legal Protection For Outsourcing Workers Based On Perpu No. 2 of 2022 Concerning Employment Creation

Today, many companies use outsourcing workers to support their operations. Of course, these outsourced workers expect legal protection that guarantees their rights. At the end of 2022, the government issued Perpu No. 2 of 2022 concerning Job Creation. In this regard, this research examines the Legal Protection for Outsourcing Workers based on Perpu No. 2 of 2022 concerning Job Creation and the Legal Consequences of Outsourcing Companies That Do Not Meet Applicable Legal Provisions. This research concludes that the form of protection for outsourced workers is contained in Article 81 number 20 of Perpu Number 2 of 2022 concerning Job Creation. Outsourced workers also receive legal protection through the TUPE Principle (Transfer of Undertaking Protection of Employment) and there are legal consequences if the outsourcing company does not comply with applicable legal provisions. The outsourcing company may be subject to criminal and administrative sanctions.

Pemutusan Hubungan Kerja Secara Sepihak Berdasarkan UU Cipta Kerja (Studi Kasus Pada PT. Shopee Internasional Indonesia)

The purpose of this research is to understand the factors that lead to Termination of Employment (PHK) based on the Job Creation Law and to obtain legal protection for employees of PT. Shopee International Indonesia against layoffs in a unilateral way. This research also uses normative legal research methods through a conceptual and statutory approach with the support of both primary and secondary legal materials and uses techniques in qualitative analysis so that it can examine the problems that are currently happening in the field. The results of this study show that namely the case of PT. Shopee Internasional Indonesia as part of a unilateral layoff case by violating the provisions of the Job Creation Law. The absence of clear sanctions in the law provides an opportunity for companies to carry out layoffs in a unilateral way for employees. For workers who have been laid off unilaterally, they must receive a form of legal protection that is in accordance with the Job Creation Law, as well as the President's commitment to improving quality in the economic sector. Companies that carry out layoffs in a unilateral way must receive appropriate sanctions because they have violated the law and also the lack of fulfillment of various rights of citizens who should receive constitutional guarantees.

Вдосконалення механізму кадрового забезпечення на підприємстві в особливих умовах воєнних дій

The article examines the main aspects of improving the staffing mechanism at enterprises, taking into account the modern conditions of their existence, namely armed conflicts on the territory of Ukraine. The functions that determine the effect of the mechanism on the activity of the enterprise are identified. The main principles and tasks of building personnel support are provided. The impact of military actions on personnel support is reflected in the scheme of personnel support according to the priority of military factors. One of the important elements of ensuring a high level of labor productivity at the enterprise is the social protection of each employee and the staff as a whole in the conditions of military operations, their safety. The work presents an action plan of the personnel support team regarding the social protection of employees and a program of improved social policy.

How does employment protection legislation affect labor investment inefficiencies?

This paper analyzes how labor investment decisions are affected by the operational risk related to different dimensions of employment legislation (general, regular, and temporary employment protection). Labor investment efficiency is usually described as efficient investing and resource management; employment protection legislation can be regarded as an obstacle that increases hiring and firing costs, representing a source of operational risk and leading to lower output and financial flexibility. This study uses data from 612 companies from 30 countries between 2011 and 2019 (4044 observations) and a dynamic panel data estimator to investigate the relationship between employment protection legislation and labor investment inefficiencies. Our results show that general employment protection legislation reduces inefficiencies, whereas regular and temporary specific employment protection laws increase the incentive to overinvest. Our findings can be explained by the agency theory and the ways in which different aspects of employment protection legislation create operational risk.

THE DYNAMIC OF OUTSOURCING REGULATION WITHIN THE NATIONAL LEGAL FRAMEWORK (THE NEED FOR RECONCEPTUALIZATION OF PROTECTION FOR TEMPORARY WORKERS)

The dynamics of outsourcing regulation bring varied impacts, especially regarding the legal protection for outsourced workers, which has been gradually regulated through Law Number 11 of 2020 on Job Creation. However, the legal protection system for outsourced workers still presents unresolved issues, particularly the imperfect concept of TUPE (Transfer of Undertakings Protection of Employment), which is a consequence of the legal transplant concept. This study is a normative juridical research with a legislative approach. The results of this study indicate that there are several factors contributing to the incomplete implementation of the TUPE concept, namely the effects of a flexible labor market and the inconsistency of the state's role in providing legal protection. These issues become evident in the imperfect regulation of the TUPE concept.

Global concerns related to water biology and security: The need for language and policies that safeguard living resources versus those that dilute scientific knowledge

Increasingly, scientists and non-scientists, especially employees of government agencies, tend to use weak or equivocal language when making statements related to science policy and governmental regulation. We use recent publications to provide examples of vague language versus examples of strong language when authors write about regulating anthropogenic pressures on natural resources. Lifeless language is common in agency reports, policy documents, and even scientific papers published by academics. Such language limits success in regulating anthropogenic pressures on natural resources. This challenge must be recognized and countered as a driver of the condition of water and associated resources. We also list sources of vague wording, provide global examples of how ambiguous language and political influences have contributed to water resource degradation, discuss the recent history of science censorship, and offer possible solutions for more direct scientific discourse. We found that: (1) equivocal language was especially common in concluding statements and not only by government employees; (2) authors discussed confusing language concerns in an agency publication; and (3) agency employees sometimes used active, strong language. Key drivers of weak language include: (1) holding on to old paradigms and resisting new knowledge; (2) scientific uncertainty; (3) institutional manuscript review policies; (4) employment and funding insecurity; and (5) avoiding the appearance of advocacy. Examples associated with euphemistic language included climate change, flow and physical habitat alteration, dams, agriculture, mining, forestry, and fisheries, as well as resistance towards monitoring, assessing, and reporting ecological conditions. Suggestions for mitigating equivocal language involve employment protections and greater focus on scientific ethics. We conclude that natural resource scientists should resist calls to employ imprecise language. Instead, they should be strong advocates for prescriptive and protective natural resource actions—based on their science—to halt and reverse the systemic degradation of those resources.

Disciplinary Guarantees for Public Employees in Jordanian Legislation

The study aims to illustrate the availability of appropriate disciplinary guarantees in Jordanian legislation that ensure the protection of the public employee from the encroachment and abuse of the disciplinary authority in exercising its disciplinary rights in accordance with the law. The Jordanian legislator has identified a set of disciplinary penalties in the civil service system that the administration exercises against the public employee in the event of his breach of the duties assigned to him or his failure to perform his duties as required.
 I have reached several results, including, despite the development in the Jordanian civil service system and the Administrative Judicial Law, there are still some aspects that need attention and scrutiny, the most important of which is the issue of impartiality. The study also showed that the expiration of the period for submitting a complaint without being answered by the competent authority means rejecting it. This is an escape from the administration to not answer the complaint until it relieves itself from having to give a reason for rejecting the complaint.
 The study recommends that the Jordanian legislator develop clear provisions that effectively guarantee the principle of impartiality as a disciplinary guarantee for public employees in real life and issue the Code of Administrative Procedure, especially considering the Administrative Judiciary Law, under which the administrative judiciary has become two-tier.

Legal and regulatory framework of labor rights protection of the citizens of Ukraine: prohibition of mobbing

Problem setting. In the conditions of constant industrialization, economic fluctuations, continuous uncertainty during the war, the labour rights of the employee are left aside, since the employer often neglects the labour force and forgets about the humane and valuable attitude towards the employee in search of the financial success of his/her company. The psychological state of an employee remains a particularly sensitive area as it is influenced by possible constant harassment or bullying by the employer or colleagues. After all, the effective performance of the labour duties by employees of any sphere, as well as labour productivity directly depends on the psychological climate in the team and the attitude of management. Therefore, the study of the mobbing issue today shall be extremely important and relevant for all categories of employees, including public officials, who, among their fundamental rights, have the right to respect for their personality, honour and dignity, the right to a fair and respectful attitude from the management or colleagues and the right to adequate remuneration for their work. Recent research and publications analysis. Numerous works of scientists in the field of labour law of Ukraine are devoted to issues of labour protection of employees, namely: E. V. Babenko, N. B. Bolotina, V. Ya. Buriak, P. D. Pylypenko, L. Yu. Prohoniuk, H. I. Cha- nysheva et. al. However, there are many works devoted to the labour rights of public officials, since the activities of public officials, in addition to special legislation, shall be also governed by the norms of labour legislation, and public officials may also be subjected to bullying and harassment. These issues were relevantly considered in the works of L. V. Apa- naskovych, A. Yu. Babii, L. Yu. Velychko, V. V. Myrhorod-Karpova, M. V. Panchenko, V. Parpan et al. Highlighting previously unsettled parts of the general problem. Since the term “mobbing” at the legislative level was introduced in Ukraine only at the end of 2022, so far, its manifestations, signs, types, methods of prevention and types of liability have not yet been mentioned, and this allowed us to consider all these issues profoundly in our research. Paper main body. It has been determined that mobbing shall mean a type of harassment that can be applied to an employee through humiliation at work and usually manifests itself as a psychological abuse by a colleague (group of colleagues) or directly by management. Mobbing can be either vertical (harassment of an employer against an employee), or horizontal (harassment of a colleague against a colleague). There are also selective mobbing (singling out a victim from a group of employees), discriminatory (a victim is one who is different in the team), sexual (sexual harassment), revelatory (applied to persons who exposed negative facts about colleagues), authoritarian (destructive style of a management), displaced (directed to a third party), etc. It was found that public officials may also fall under the manifestations of mobbing, as legal relations of public officials in the labour sphere are covered by labour law. When using the labour of public officials, labour relations definitely arise, but taking into account the specifics of their work and duties, as a public official to some degree affects both public and private interests. Public officials have special legal status in labour relations. It has been researched that if employees have experienced harassment by the employer, then they have the right to file a complaint with: 1) the central executive body implementing the state policy in the field of supervision and control over compliance with labour legislation; 2) the court. The article indicates ways to avoid mobbing and the amount of penalties for the latter. Conclusions of the research and prospects for further studies. Thus, we may argue that the state shall guarantee all categories of employees (including public officials) legal protection against mobbing, prejudice in labour relations, manifestations of discrimination, protection of the honour and dignity of the employee in the performance of his/her duties. In case of manifestations of harassment, the legislation of Ukraine provides for the possibility of applying to a special body for the protection of labour rights or to the court and compensation for the material and moral damage caused, if this led to psychological suffering, to the loss of normal life contacts for arrangement the person’s life. The provisions outlined in the research shall improve the regulation of the public administration system in the field of protecting the labour rights of employees in the service of the state.

Regarding the issue of legal protection of personal data of employees

The paper examines the state of legal regulation of personal data protection of employees in Ukraine. It is established that the national labour legislation does not have special rules on the specifics of regulating the security of processing and storage of personal data in the process of concluding, implementing and terminating employment relations. With this in mind, the authors refer to the experience of international and European institutions in regulating this area. It is established that the ILO and EU instruments have a broader scope than national legislation, namely, they contain not only general rules, but also those regulating relations in the field of employment and employment. Given Ukraine's commitment to improve its personal data protection legislation in order to bring it in line with the GDPR as part of the implementation of the Association Agreement with the European Union, the authors propose a number of measures to improve the mechanisms and means of legal regulation of employee personal data protection in the context of digital and European integration. These include - introduction of international standards for ensuring mechanisms related to the security, protection and defence of employee personal data; - creation of a legal regime for the protection and defence of employee personal data in accordance with the European Regulation; - establishment of liability and determination of types of punishment for violation of legislation in the field of protection of employee personal data; - introduction of special provisions in the Labour Code of Ukraine regarding the employer's obligation to protect personal data.
 It is noted that in connection with the military aggression of the Russian Federation against Ukraine and the introduction of martial law, this issue has become even more relevant and requires further legislative consolidation and consideration of international experience and analysis of the current state, taking into account the existing practical component.

Does labour protection influence mental-health responses to employment shocks? Evidence on older workers in Europe

This paper investigates if and how Employment Protection Legislation (EPL) influences mental-health responses to older workers’ job disruptions in Europe. It exploits labour market shocks during the first wave of the COVID-19 pandemic, and it is based on European data from the SHARE survey, in which each country is characterised by a different level of EPL. The analysis controls for workers’ individual characteristics and other contextual factors via propensity score matching. Results show that mental-health distress following job disruptions depends on the level of EPL, with significantly higher distress in countries in which EPL is more binding, especially among individuals with a lower education level. These findings suggest to consider the costs and benefits of mitigating measures for European countries with a high EPL, especially for older citizens with disadvantaged backgrounds.

Health status of coal industry workers

Health status of coal industry workers

Pengaruh Keselamatan dan Kesehatan Kerja (K3) Terhadap Kinerja Karyawan: Narrative Literature Review

Abstract - Based on data from the Central Statistics Agency, the number of the Indonesian labor force was recorded at 144.01 million people in February 2022. Supported by a large number of potential human resources, an organization or company can certainly operate effectively and efficiently supported by the role of employees. Employees who work also have the right to Occupational Safety and Health which in its implementation is based on legislation. However, in reality, the number of work accidents in Indonesia is still relatively high and tends to increase. This research aims to find out how influential occupational safety and health are on employee performance for the company. The research method this time is a qualitative research method presented in the form of a narrative literature review. It was found that good employee performance in a company can have a positive impact on the company as a whole. The safety and protection factor at work is one of the keys to improving employee performance. So that the company makes various efforts in realizing protection for employees, one of which is through the provision of Occupational Safety and Health.
 
 Kata Kunci: Employee performance, Occupational health, and saf

The Serious Business of Having Fun: EU Legal Protection for Those Working Online in the Digital Economy

While a huge amount of judicial and academic attention has been paid to the employment status of those who provide physical services via an app, such as ride-hailing services by Uber drivers and food delivery services by Deliveroo cyclists, much less attention has been given to the legal position of those providing services as influencers and content creators in the online world via platforms such as Instagram and YouTube. It may be possible that some fall within the Court of Justice’s increasingly broad definition of ‘worker’, a position helped by the presumption of worker status in the proposed Platform Work Directive. If so, they will benefit from the full range of EU employment rights. But many are genuinely self-employed and so are entitled to almost no employment protection. Yet, like workers, they have a vulnerability. If their access to these platforms is turned off, it is highly damaging for their work; and there may be no obvious alternative platform to give them the profile which is necessary for them to succeed. The EU is showing itself to be innovative in responding to this challenge: first, with an extended personal scope under the proposed Platform Workers Directive which gives some rights to ‘persons performing platform work’ (PPPW) (and more rights still to ‘platform workers’), and second, in the P2B Regulation 2019/1150 and the Digital Services Act, by moving away from the focus on the status of the individual and paying attention instead to the obligations of the platform. These obligations can be summed up by the acronym TAR: Transparency, Accountability and Remedies. They are procedural rather than substantive obligations but they do recognize the need for at least some protection for those who, in the past, would have been denied it. This legislation is, indirectly, beginning to reshape our understanding of what constitutes labour law. Gig Economy, Precarity, Worker Protection, Online Platforms, Influencers, Content Creators

LEGAL PROTECTION OF CERTAIN TIME WORKERS IN COMPANIES

This study aims to determine the legal protection of employees for a certain time at companies in Makassar City and the implementation of certain time agreements for companies in Makassar City. Agreement The research method used in the research is the juridical-empirical research method. This research was conducted at PT Dinar Wisesa Mahakarya, Makassar City Manpower Office, and South Sulawesi Manpower Office. The method of data collection is by interview and literature. The results obtained will then be analyzed using qualitative analysis methods. The results of the study show that 1) Specific Time Work (PKWT) at PT. Dinar Wisesa Mahakarya has not fully complied with the regulations in accordance with the applicable laws and regulations. These discrepancies include: first, related to the PKWT extension period which has passed the period stipulated by the labor law. 2) Regarding the nature of the work given to employees/workers with PKWT status at PT. Dinar Wisesa Mahakarya is not in accordance with the type and nature of work regulated in UUTK. At this time the form of legal protection for workers with PKWT status at PT. Dinar Wisesa Mahakarya, including the fulfillment of wages which are above the Makassar City UMR, protection for social security in the form of Health PT. BPJS.

Work and health during the COVID-19 crisis among Dutch workers and jobseekers with (partial) work disabilities: a mixed methods study

BackgroundThe consequences of restrictive measures during the COVID-19 outbreak have potentially been enormous, especially for those in a vulnerable position in the labour market. This study aims to describe the impact of the COVID-19 crisis on work status, working conditions and health among people with (partial) work disabilities—with and in search of work—during the COVID-19 pandemic in the Netherlands.MethodsA mixed methods design was used, combining a cross-sectional online survey and ten semi-structured interviews with people with a (partial) work disability. The quantitative data included responses to job-related questions, self-reported health, and demographics. The qualitative data consisted of participants’ perceptions about work, vocational rehabilitation, and health. We used descriptive statistics to summarize the responses, conducted logistic and linear regression and integrated our qualitative findings with the quantitative findings, aiming at complementarity.ResultsFive hundred and eighty-four participants (response rate 30.2%) completed the online survey. The majority of participants experienced no change in work status: 39 percent remained employed, 45 percent remained unemployed, six percent of respondents lost their job, and ten percent became employed during the COVID-19 crisis. In general, the results showed a deterioration in self-rated health during the COVID-19 outbreak, both for participants at work and in search of work. Participants who lost their job during the COVID-19 crisis reported the highest deterioration in self-rated health. Interview findings revealed that loneliness and social isolation were persistent during the COVID-19 crisis, especially among those in search of work. Additionally, employed participants identified a safe work environment and the possibility to work at the office as important factors for overall health.ConclusionsThe vast majority of study participants (84.2%) experienced no change in work status during the COVID-19 crisis. Nonetheless, people at work and in search of work encountered barriers to maintaining or (re)gaining employment. People with a (partial) work disability who lost their job during the crisis appeared to be most affected in terms of health. Employment and health protections could be strengthened for persons with (partial) work disabilities in order to build resilience in times of crisis.

Reducing the Disability of Employees: Current Organizational, Medical and Socio-Economic Activities

An analytical study was carried out aimed at reducing the level of disability of employees of industrial enterprises of the country. It has been revealed that the disability of employees can be a consequence of both various accidents and diseases, including professional ones. An action plan is proposed to reduce the values of disability indicators both in the field of labor protection and medical support of employees. Target corporate programs at industrial enterprises are described. The features of personnel support of work to reduce the level of disability of employees are disclosed. The role of telemedicine technologies in the framework of industrial medicine is reflected. The economic and social effectiveness of the application of the best technologies and practices used in the implementation of the main organizational, medical and socio-economic measures to reduce the disability of employees of an industrial enterprise is shown.