Employment Rights Research Articles

The social public interest in China's employment anti-discrimination laws and its realisation paths

ABSTRACT Despite its close relationship to employment rights, the concept of the public interest in labour law lacks extensive discussion. Even fewer scholars have studied employment discrimination in China from this perspective, despite China signing many international Conventions and Recommendations related to employment rights. This article analyses the social-based attributes in China's employment anti-discrimination laws, arguing that the laws should prioritise the protection of public interests. It then distils the connotation of the social public interest carried by the laws from the perspectives of legal values, the independence of legal interest, and legislative purposes. Subsequently, this article examines the implementation of the laws at judicial and administrative levels, identifying limitations in individual-oriented approaches and deficiencies in safeguarding the public interest. These limitations and deficiencies primarily manifest in the fact that labour agencies generally do not accept employment discrimination complaints or subtly exclude hiring processes from the scope of administrative enforcement, while courts are accustomed to a private law rationale of compensating for actual losses. Accordingly, this article suggests establishing and maintaining a fair labour market competition order by imposing punitive damages to deter potential discrimination, activating administrative enforcement to rectify past discrimination, and guiding employers to proactively assume social responsibility.

Prevention and counteraction of mobbing in labor relations: regulatory and legal support in Ukraine

The article examines the legislative regulation of the concept and forms of mobbing, responsibility for committing such acts. Attention is drawn to the fact that the problem of mobbing is relevant not only for our country, where it is increasingly possible to observe cases of this phenomenon at work (harassment of an employee by both colleagues, subordinates, and management), but also for European countries, where they know what is mobbing and have long since legally regulated the issue of preventing and countering this phenomenon. It is noted that Ukraine has also joined European countries in this matter by adopting the Law "On Amendments to Certain Legislative Acts of Ukraine on Prevention and Counteraction to Mobbing (bullying)” dated 11.16.2022 No. 2759-IX, which brought the norms of Ukrainian legislation in accordance with European and provided protection against discrimination and psychological pressure in the workforce. It is noted that the legislative regulation of the concept and forms of mobbing, responsibility for committing such acts will contribute to the protection and protection of the rights of employees, as well as overcoming mobbing as a negative phenomenon in labor relations. At the same time, it was concluded that despite the fact that the concept of "mobbing” is legally defined, the responsibility for it, many issues still remain today, which need to be resolved. Since the amendments to the legislation gave birth to many aspects that were not familiar either to the practice or to the science of domestic labor law. Yes, now the psychological and economic pressure of employees has become an additional reason for terminating the employment contract; the regulation of mobbing established new areas of employer responsibility, and also gave rise to many unanswered questions - how to distinguish bullying from a joke; whether to consider the use of obscene language as mobbing; is it considered mobbing when an employee compares his work with the work of another employee and complains about being overworked compared to a colleague; where the line will be drawn between the employer's legal requirement for the employee to perform the job well and mobbing the employee and many others. There is also an objective need to develop a legal mechanism to protect employees from mobbing, which would provide legal certainty regarding this phenomenon in labor relations.

Generous to a fault: Differential impact of CSR investments on financial gains in Indian market multinationals

To date, the extant Corporate Social Responsibility (CSR) literature has overlooked the performance consequences of different forms of CSR investments made by Emerging Market Multinational Corporations (EMNCs). Addressing this knowledge gap, and drawing on legitimacy theory, we examine the impact of external CSR investments (e.g., social and community philanthropic support activities) and internal CSR investments (e.g., working conditions, employee rights and equal employment opportunities) on financial performance of EMNCs, while also accounting for the moderating effects of internationalization location choices. We test our hypotheses on a panel consisting of 1513 unique Indian EMNCs, in the 2014–2019 time-period. On applying various estimation techniques, the findings reveal that both external and internal CSR investments are positively associated with financial performance of EMNCs, while the destination location of foreign investments and home-host geographic and institutional distance moderate these relationships. This study offers new empirical evidence on the financial implications of different types of CSR investments available to EMNCs and advances legitimacy theory by expanding its dimensional and contextual scope.

MODERN LABOR LAW: A REVIEW OF CURRENT TRENDS IN EMPLOYEE RIGHTS AND ORGANIZATIONAL DUTIES

This review delves into the dynamic landscape of contemporary labor laws governing the relationship between employers and employees, and encapsulates the evolving facets of labor rights and organizational responsibilities in the current milieu. The shifting paradigm of labor law reflects a growing emphasis on safeguarding employee rights. Recent trends indicate a heightened focus on inclusivity, non-discrimination, and diversity in the workplace. Legislative reforms and judicial interpretations have sought to fortify the rights of marginalized groups, encompassing gender, race, sexual orientation, and disability. Concurrently, the emergence of remote work and the gig economy has prompted reevaluations of traditional employment classifications, engendering debates on the extension of protections to freelancers and independent contractors. Moreover, organizational duties have undergone transformation, aligning with the evolving societal expectations. Compliance frameworks have adapted to address ethical considerations, sustainability, and corporate social responsibility, amplifying the obligations of employers beyond profit-centric objectives. This evolution extends to the duty of care owed to employees, encompassing mental health support, workplace safety, and accommodation for work-life balance. The review also analyzes the interplay between statutory regulations, judicial precedents, and societal shifts, charting their impact on the employer-employee relationship. It examines the complexities arising from the globalization of labor markets, addressing the challenges of harmonizing diverse legal frameworks and cross-border employment dynamics. It also scrutinizes the implications of technological advancements, such as AI-driven employment decisions, on labor rights. It probes the legal and ethical quandaries arising from the proliferation of surveillance technologies in the workplace, balancing the interests of productivity and privacy rights of employees. The insight presented in this review provides a comprehensive overview of the multifaceted landscape of modern labor law, capturing its intricate tapestry of rights, obligations, and the evolving contours of the employer-employee nexus amidst contemporary socio-economic dynamics.
 Keywords: Labour Law, Employee Right, Compliance, Organizational Duties, Review.

The Dilemma of Chinese Postgraduate Employment: First-Degree Discrimination

In recent years, with the expansion of graduate enrollment and the increase in the number of graduate students, competition for employment among graduates has intensified. Consequently, a novel form of discrimination has emerged in the job market, significantly impinging on equal employment opportunities for undergraduate and graduate students alike. This article elucidates the emergence of this discrimination by employing a labor market discrimination model framework. Then the article introduces the prevailing methodologies for examining the existence and impact of discrimination in economics, makes comparations of representative literature data to demonstrate its violation of the equal employment rights of postgraduate students from diverse undergraduate backgrounds, resulting in substantial disparities in their employment rates and starting salaries. Furthermore, this article proposes solutions from three perspectives: enhance legislative construction, establish more scientific recruitment criteria and government measures. However, further research is required to examine the specific impact of this discrimination due to limited data samples.

Determinants of the impact of ESG policy and corporate governance on employee rights

To comply with international development trends in recent years, Taiwanese government agencies have formulated environmental, social, and governance (ESG) legal policies and strengthened publicity for listed firms to prepare sustainability reports. Government agencies are trying to use ESG legal policies to gradually guide firms to take environmental, social, and governance measures and move toward sustainable operations. However, employee rights were easier for firms to ignore in the past, so paying attention to the correlation between employee rights and organizational governance is necessary. This paper aims to analyze the relationship between the organizational governance and employee turnover rate of Taiwanese food firms in the ten years from 2011 to 2021 through a panel regression model. The results show that there is a U-shaped relationship between board size and employee turnover. There is an inverted U-shaped relationship between the development of major shareholders’ shareholding and the strength of human resources. The research results show that organizational governance is significantly related to employee turnover. Finally, this paper believes that paying attention to human resources will contribute to the sustainable development of enterprises. Therefore, in terms of organizational governance policies, although government agencies have formulated relevant reference standards, firms should have functions more conducive to developing human resource measures. These functions include utilizing the guiding energy of the board of directors functions, and shareholding structure design, which will further help the stable development of human resources. Firms need high-quality human resources to make breakthroughs in technology or the market. Therefore, when firms cultivate high-quality human resources, they not only rely on employee welfare conditions but consider long-term organizational governance and human resource development as necessary planning conditions. These factors will drive firms to have the ability to break through the status quo, value all stakeholders, and create an attitude toward sustainable business development.

The year of the family in the Russian Federation. Families with children in the focus of compulsory social insurance

2024 has been declared the Year of the Family in the Russian Federation. Social support for families with children is considered one of the priorities of the policy pursued by the state. Various actors are involved in this activity, including employers who contribute to the realization of the rights of employees with children in the field of compulsory social insurance.

Specifics of the calculation by medical organizations of benefits for temporary disability to persons under civil law contracts

The article is devoted to the peculiarities of the calculation by organizations of temporary disability to persons employed under civil law contracts. It was noted that the state, introducing from January 1, 2023, payment of benefits not only to persons working under labor contracts,but also under civil law contracts and author’s order agreements, thereby strengthens social support for such citizens, provided that their earnings for the previous year were at least the federal minimum wage under the employment contract. Thus, the rights of employees under civil law contracts contract in terms of social insurance in case of temporary disability have become equal to the rights of persons working under the employment contract since 2023, and the amount of sick leave is determined in the same way. The article considers the requirements for the earnings of persons working under civil law contracts for receiving temporary disability benefits. The stages of calculating the size of this allowance by the insured are disclosed, as well as practical examples are given. Conclusions based on the results of the study.

О правовом статусе нанимателей жилых помещений в бывших ведомственных общежитиях

The article analyzes changes in housing legislation regarding the regulation of the legal status of tenants of residential premises in former departmental dormitories, in violation of the law transferred to private ownership of organizations. The position is expressed on the arbitrary differentiation of citizens living in such dormitories into two categories, depending on the legality of the actions of state and municipal enterprises and institutions. The necessity of recognizing the right of employers to apply to the court with a demand for recognition of ownership of occupied residential premises during the pre-trial period established for its implementation is substantiated.

Does the welfare entitlement of refugees reduce openness to refugee migration? A survey experiment on the welfare entitlement of Ukrainian refugees in the United Kingdom

ABSTRACT This article uses an original survey experiment to assess whether the social and employment rights available to refugees affects the openness of citizens in receiving countries to greater refugee flows. Some authors have argued that more extensive rights for immigrants make citizens more reluctant towards immigration flows. We test this argument in the context of the reception of Ukrainian refugees in the United Kingdom. Our results show that exposing individuals to information on the welfare entitlements of refugees does have a small negative effect (about −0.53 on average on a 0–10 scale) on their openness to greater refugee flows. Meanwhile, exposing individuals to information on the ability of refugees to work and possibly contribute to the economy has no discernible positive effect on openness to refugee flows. The impact of the treatments is strongly conditioned by pre-existing views on immigration: the negative effect of information on welfare entitlement is more than three times larger among respondents who held already negative views of immigration.

Pandemic Necrolabour and Essential Workers in the UK and France

Drawing on recent studies on the necropolitics of Covid-19, this paper focuses on UK and French government policies towards essential workers, examining the conditions under which workers were systematically exposed to deadly harm within these two contrasting economic models. I argue that the pandemic revealed a category of necrolabour whose labour value supersedes their right to life and who could be legitimately sacrificed in the interests of the economy. Statistical recording shows that internationally, death rates amongst low-income essential workers were disproportionately high. We will see that workers’ exposure to death was as much a consequence of state authority that compelled them to continue working, at risk to their lives, as an outcome of official negligence that left many unprotected and lacking basic rights. Without legislative changes to improve employment rights and social protection, the unnecessary deaths of socially marginalised workers in essential jobs are likely to persist in the post-pandemic economy.

The current state of legal protection of the labor rights of employees in case of insolvency of the employer or change of owner of the legal entity

The article is devoted to the study of legal support for the protection of labor rights of employees in case of insolvency of the employer or change of the owner of the legal entity in today’s realities. After all, employees are one of the least protected subjects of labor relations, and therefore they need guarantees of protection of their rights from both the employer and the state. Especially today, when the impact of the financial crisis on the economy of Ukraine, as a result of the war with the Russian aggressor, led to the unstable state of the state, most enterprises, organizations and institutions found themselves in a difficult financial situation, which in turn negatively affected the social and material security of employees. Therefore, the priority area becomes the protection of labor rights of employees and their social position, in particular in case of insolvency of the employer or change of the owner of the legal entity. Current and projected regulatory legal acts in the field of protection of labor rights of employees in case of insolvency of the employer or change of owner of a legal entity, court practice regarding labor disputes related to dismissal under Clause 1 of Art. 40 of the Labor Code of Ukraine. It was concluded that Ukraine, as a state that aspires to membership in the European Union, should also pay attention to the issue of protecting the rights and interests of workers as subjects who ensure the well-being of their families through their own work. Since the protection of labor rights of employees is an important component of a democratic, legal and social society. Especially today, when the problem of unemployment in Ukraine is growing, persons who have lost the opportunity to work should be socially protected. At the same time, in addition to making changes to labor legislation, adopting new laws in this area, there must be clearly developed mechanisms for their implementation.

Strengthening research of turnover decreasing: bibliometric review

A Bibliometric method could facilitate a comprehensive and subjective evaluation of current findings of research. Comparing theoretical and evidence, such as employee turnover phenomenon. Turnover is costly; therefore, Human Resources managers should avoid it. At least reduce turnover intention. From this paper finding, by leveraging bibliometric of Scopus metadata it reveals and recommended to closely make a commitment to fulfill employee rights (organizational commitment). It will encourage employees to get their job satisfaction and impacted to increase intention to stay in organization. Transformational leadership moderate relation employee turnover intention and organizational embeddedness. HR management should consider well when leveraging AI (Artificial Intelligent). Keep consistent due Organizational Commitment, aware to mental health and efficacy of employee. To ensure that, HR manager can do research using those variables to entire employee, staff and non-staff

Peran Manajemen Sumber Daya Manusia Dalam Meningkatkan Kinerja Karyawan Pada PT. Freight Express Surabaya Cabang Makassar

This research aims to determine the role of HR management at PT Freight Express Surabaya Makassar Branch. This research uses qualitative research by looking at the role of human resource management at PT Freight Express Surabaya Makassar Branch. And for data analysis used, namely reviewing the data, reducing the data, compiling the reduced data, presenting the data and checking the validity of the data and drawing conclusions. The results of the research show that the role of HR Management in improving employee performance is to direct and control all employees so that they are effective in carrying out work by evaluating employee performance and ensuring that each employee carries out the duties and responsibilities according to their job and the management carries out job training to improve skills and performance assessment in human resource procurement. The efforts that have had a positive impact on employees that have been carried out by management are fulfilling employee rights by providing compensation and job training to improve skills and increase career paths as well as providing performance targets for each employee.

Status Ketenagakerjaan Pelaut Dalam Perspektif Hukum Positif Di Indonesia

This research aims to analyze and document the employment status certainty of seafarers from the perspective of Indonesian positive law. Seafarers are a unique group of workers as they work on ships that sail in international waters, and they are often faced with working conditions different from those onshore workers. The study examines the legal framework governing the employment status of seafarers in Indonesia, with a focus on labor regulations, labor standards, and relevant international conventions. The article also explores various issues that frequently arise in seafarer employment practices, including their rights, terms of employment, wages, social protection, as well as issues related to health and safety protection. The analysis in this research considers the extent to which legal regulations in Indonesia provide employment status certainty for seafarers and how the implementation of these regulations impacts day-to-day seafarer employment practices. Furthermore, the research also evaluates the barriers and challenges faced by seafarers in obtaining their rights and appropriate legal protection. The research findings indicate that from the perspective of Indonesian positive law, the employment status certainty of seafarers still has some gaps and challenges that need to be addressed. This article provides a deeper insight into the legal framework governing seafarer employment in Indonesia and encourages better understanding of the protection of seafarer employment rights and improvements in applicable regulations.

A Comparative Study of Ethnic Discrimination in Employment Law in Iraq and Iran

Discrimination in employment rights refers to unequal pay and benefits, access to job opportunities, and career advancement among individuals based on factors such as gender, race, ethnicity, religion, age, and social status. In Iraq, the country's constitution guarantees equal rights for all Iraqi citizens, regardless of ethnicity, race, religion, and other factors. Additionally, Iraqi labor and employment laws prohibit ethnic discrimination and require employers to act without regard to ethnicity when hiring and promoting employees. Similarly, in Iran, the country's constitution guarantees equal rights for all Iranian citizens. Iranian labor and employment laws also prohibit ethnic discrimination and require employers to act without regard to ethnicity when hiring and promoting employees. Despite the clarity of the laws in both countries, ethnic bias and favoritism have unfortunately replaced meritocracy in many organizations and institutions. This type of discrimination can have detrimental effects on individuals and society, as ethnic discrimination in employment rights violates the principle of social justice. This research paper, with a descriptive-analytical approach and relying on library documents, addresses the issue of employment rights and compares the two countries of Iraq and Iran. The comparative results of the present study show that both countries are committed to guaranteeing equal rights and benefits for their citizens. However, in Iran, discriminatory policies exist that lead to ethnic discrimination in certain industries and specific jobs and in Iraq, ethnic discrimination is illegal, and there is no difference between Iraqi citizens in employment.

The respect for the rights of employees in the private and public sectors: Evidence from a developing economy

The right to work is a right enjoyed by every human being. International conventions and recommendations have been drawn up to ensure these rights, which include the regulation of all segments of the labor relationship (Binaku, 2021). The purpose of this study is to through an objective approach make a detailed description of the rights employed in the private and public sectors in the Republic of Kosovo, as a criterion of a fair and developed society. This paper also aims to highlight the rights of employees and the actions taken by the relevant institutions to guarantee transparency and accountability. This indicates a significant risk for employers, who do not respect the obligation taken (Diepold & Grosjean, 2022). For this purpose, we used random sampling techniques in the sample of 460 workers. Therefore, the analysis of these data consists of descriptive statistics. In conclusion, the results of this research imply the need to develop policies in terms of informing employees about their rights, since the respect of rights in these two sectors promotes a fair society, helps to reduce social differences, and contributes to the development of economic durability.

A Stratified Fuzzy Decision-Making Approach for Sustainable Circular Supplier Selection

Circular economy has attracted great attention as it meets environmental and social requirements. Selecting appropriate suppliers considering circular, and sustainability aspects for all industries is of great significance. However, addressing sustainable circular supplier selection (SCSS) problems is a difficult task due to the uncertainty in real-life cases in terms of possible future events and experts’ judgments. This article aims to address the SCSS problem considering the impacts of possible future events via a multiple-criteria decision-making framework. For this purpose, stratification theory is utilized to develop and practice a novel framework called stratified fuzzy full consistency method to identify the optimal weight coefficients of criteria considering the possible impacts of future events. Later, a novel extension of mixed aggregation by comprehensive normalization technique under fuzzy environment is developed to prioritize suppliers with respect to sustainability and circular economy criteria. To prove the practicability of the developed methodology, outcomes of a real case study related to a textile company in Turkey are presented. Furthermore, sensitivity analyses and a comparative analysis are conducted to illustrate the proposed model's performance under different conditions. According to the results, information disclosure, interests and rights of employees, and child labor are identified as top three criteria with values of 0.1112, 0.1102, and 0.1110, respectively.

Current Legal Framework on the Protection of the Rights of Employees with Disabilities in Vietnam – Recommendations and Improvements

Current Legal Framework on the Protection of the Rights of Employees with Disabilities in Vietnam – Recommendations and Improvements

Конституционный принцип свободы труда в чрезвычайных условиях: старые проблемы и новые вызовы

The purpose of this scientific article was to identify theoretical and practical problems that arise in the process of implementing the principle of freedom of work in a state of emergency, the presence of an emergency situation and the introduction of a high-alert regime. The task is to outline ways to eliminate contradictions in labor legislation and law enforcement practice. To achieve this goal, the scientific literature devoted to the problems of restricting the labor rights of citizens during the period of various emergency regimes, including the high-alert regime, has been studied. The empirical basis of the work was the materials of judicial practice of the Constitutional Court of the Russian Federation and courts of general jurisdiction in cases of transfer of employees to other jobs in accordance with parts 2 and 3 of Article 72.2 of the Labor Code of the Russian Federation. The cases reviewed related to two periods – before and after the introduction of a high-alert regime in the country in connection with the COVID-19 coronavirus epidemic. An attempt has been made to trace changes in the approaches of judicial authorities to the grounds that employers use to transfer employees without their consent to another job. The author joins the opinion of a number of researchers who draw attention to the contradictory nature of the subordinate law-making of state authorities of the Russian Federation and its subjects aimed at countering the spread of coronavirus. The need to specify the powers of the President of the Russian Federation, executive authorities of the Russian Federation and its subjects in Article 5 of the Labor Code of the Russian Federation as a permanent norm in case of various kinds of crisis situations is supported. It is necessary to clarify at the legislative level the rights of employees, which may be restricted in the event of a state of emergency, the presence of an emergency situation or the establishment of a high-alert regime, to determine the limits of such restrictions. In conclusion, it is proposed to make specific changes to parts 2 and 3 of Article 72.2 of the Labor Code of the Russian Federation to specify cases and situations where transfer to another job is permissible without the consent of the employee.