Employment Protection Research Articles

Protection Against Unemployment - A Fundamental Right? A Study In The Context Of Indian Constitution, Indian Judiciary & International Perspectives

The Constitution of India aims at extemporizing the socioeconomic status of the individuals. It guarantees every citizen a Right to Life which is the basic right of all the Fundamental Rights, and directs the State to provide him or her livelihood adequate for leading a meaningful life. The Judiciary widened the extent of this Right by describing it as not mere leading a life but living with human dignity. Towards this direction, the Right to Work has been recognized as integral part of the Right to Life since it is the crucial component and indispensable element to be able to live, and to have a continuous improvement in the living conditions. However, for the last several years, the State is engaging workers through casual, contract, co-terminus, adhoc and outsourcing methods - impeding the efficiency of the laborers, demeaning their living, promoting litigious employment, and enhancing the unemployment rate. This has therefore become a serious social concern across the country where a large number of people are struggling for secured employment which is to be studied and addressed in the context of the Indian constitutional, judiciary and international perspectives. Recently, the Judiciary which is the protector of the Fundamental Rights is of the view that the system of "outsourcing" of employment is only a sham and a trick to avoid extending to the workers their legitimate work entitlements. This article is relevant to the Socio-legal research based on the Black-letter as well as Empirical studies which concluded that Protection Against Unemployment is a Fundamental Right under the Right to Life in which the Right to Work is integrated, and this is the high time for having a definite Employment Protection Legislation (EPL) to promote employment security in the country.

Labor Market Externalities of Pre-Retirement Employment Protection

Labor Market Externalities of Pre-Retirement Employment Protection

Labor Market Externalities of Pre-Retirement Employment Protection

Labor Market Externalities of Pre-Retirement Employment Protection

The Impact of Extending Employment Protection to Agency Workers on Firms

We study the impact of a reform that extended employment protection to temporary agency workers. Using a difference-in-difference research design, we show that plants more exposed to the regulation experienced a decrease in revenues and total employment, and that the latter effect was attenuated in industries with high elasticity of substitution between agency and nonagency workers. We also find that labor misallocation increased as a consequence of the regulation. A model of labor demand in the presence of agency work rationalizes these results. (JEL J22, J23, J31, K31, L60, M51, O15)

Regulating Algorithmic Management at Work in the European Union: Data Protection, Non-discrimination and Collective Rights

In recent years, algorithmic management practices have been widely adopted by employers to monitor remote work, analyse how applicants behave during job interviews, rate worker performance and calculate wage adjustments. As a result, the condition of workers being subjected to the upstream authority of managers has intensified. Employment protection legislation recognizes the importance of curbing the employer’s unilateral discretionary power by deploying several controlling factors. However, the traditional guardrails have now been displaced by the transformative impact of data-driven technologies. As a response to this challenge, several measures implemented by the European Union (EU) could be pragmatically adapted to curtail the expansion of artificial intelligence-based management prerogative. By applying a multidimensional, anticipatory and participatory approach, this paper integrates substantive and procedural rules that contribute to rebalancing informational asymmetries within workplaces and assesses the effectiveness of these rules. Examining case law, administrative decisions and legislative developments, it also discusses the mutually reinforcing relationship between data protection and anti-discrimination measures, which renders automated decisions documentable and contestable. In addition to defensive tactics, this article calls for the involvement of worker representatives in co-designing digital human resource policies. As data are relational, collective bodies are uniquely placed to exchange information, raise awareness and bring claims, with a view to preventing the improper use of algorithms. Employer Powers, Data Protection, Non-Discrimination, Co-Determination, Artificial Intelligence, Management by Algorithm, Right to Explanation, Burden of Proof, EU Law, Digital Transformation

Does Weaker Employment Protection Lower the Cost of Job Loss?

Does Weaker Employment Protection Lower the Cost of Job Loss?

Labor Market Externalities of Pre-Retirement Employment Protection

Labor Market Externalities of Pre-Retirement Employment Protection

A Systematic Review of Maldivian National Laws to Combat Workplace Bullying

Bullying has been identified as a leading workplace stressor because of its debilitating effects on individual employees, groups of employees, and organizations. A vast literature explores the nature and consequences of workplace bullying and demonstrates the need for the protection of employees in the workplace, such as through laws and policies. While some organizations include policies on workplace bullying and some laws can be applied to address workplace bullying, few seem to use these mechanisms to seek redress. Hence, this systematic review evaluates the complaint procedures, protection, prevention, and effectiveness of the current laws and policies on workplace bullying within the Maldivian context. The paper then discusses why seeking legal recourse from bullying rarely occurs through the legal system. A systematic analysis supplemented with five semi-structured interviews of key informants (members of the employment tribunal, lawyers, court judge, and registrar) was carried out to obtain an in-depth understanding of the current situation in the Maldives. The analyses reveal that the Maldivian legal system has many gaps that result in little or no protection from bullying in the workplace. The current legislative and regulatory framework does not adequately recognise the power that employers have over employees in certain types of bullying, and it mainly focuses on the protection from and prevention of “bullying” in the form of sexual harassment in the workplace. The Maldivian Constitution, which guarantees fundamental rights and freedoms to all persons in Chapter II (Arts.16-69), is vague when it comes to addressing bullying. This study acknowledges that workplace bullying policies are only one range of interventions for addressing bullying. Other methods of prevention are required to deal with bullying in workplaces.

The Effect of Local Internet Development on Employees’ Salary: Evidence from China

ABSTRACT Using empirical data from China, this study examines the impact of local internet development on non-executive employees’ salaries. Research findings show that internet development can increase employees’ salary and pay-performance sensitivity. This effect can be more significant in non-state-owned enterprises (Non-SOEs for short), firms faced with fierce competition, and firms paid little attention to employee protection. Mechanism analysis finds that the positive impact of internet development on increasing total factor productivity and reducing information asymmetry can partly interpret the effect. From the perspective of employees’ salaries, this study sheds light on the impact of technological progress on micro-production relations.

Establishment and development of state and legal mechanisms to prevent bankruptcy: domestic and foreign experience

This article analyzes the historical development of the institution of bankruptcy, highlights its evolutionary changes in the context of the general principles of humanism. It is noted that in the past bankruptcy was considered a serious crime, but in the 19th century a transformation of approaches was observed, where harsh sanctions gave way to the humanization of society. Changes in modern trends are considered, pointing to the rejection of the separation of bankruptcy systems and emphasizing the concept of an effective system of insolvency law and bankruptcy prevention. The article is aimed at a retrospective analysis and highlighting of key aspects of the evolution of the bankruptcy institution with an emphasis on the transition from a punitive to a compensatory concept and the importance of preventive measures. The period from the Middle Ages to the beginning of the 20th century was considered. The norms and legislative acts of France, Germany, and Italy are analyzed, highlighting the variety of approaches to determining the insolvency and responsibility of debtors. In particular, the laws issued in the 16th century, which for the first time distinguished between unfortunate and malicious insolvency, are examined. An important stage is the analysis of the period of bankruptcy law reforms in the 19th century, when a change in the direction of legislation on business preservation and social protection of employees of debtor enterprises is noted. The article also notes reforms in French and German legislation aimed at balancing liquidation and rehabilitation procedures. The general conclusion is that the history of bankruptcy is closely related to the social organization of the country and the financial challenges of its era.

Sufficient financial support for servicemen and employees of the Security Service of Ukraine is a guarantee of the national security of the state

Employees and military personnel of the Security Service of Ukraine are equal citizens of the state and have the full range of rights and freedoms defined by international legal norms and relevant constitutional principles, among which the right to social protection, in particular to material support, occupies an important place. At the same time, the social protection of this category of workers should not only compensate for the difficult working conditions and restrictions on their rights that result from the conditions of this type of service, but also stimulate professional growth, motivate them to perform their tasks at a high professional level, selflessly and as efficiently as possible. However, not enough attention is currently paid to the social protection of servicemen and employees of the Security Service of Ukraine, in particular to their financial support.
 The purpose of the article is to consider the actual issues of material support of servicemen and employees of the Security Service of Ukraine.
 The importance, not only during wartime, but also during peacetime, of sufficient financial support for military personnel and employees of the Security Service of Ukraine, who are a special category of employees who carry out their work on behalf of the state and for the implementation of its functions, is emphasized. Although there are currently dynamic changes in the legislation regarding financial support for this category of employees, at the same time, little attention is paid, in particular, to the disclosure of the essence of financial support, outlining its purpose and purpose, the connection between the quality and volume of financial support and the level of motivation regarding the quality performance of duties is not highlighted connections and many other problematic, unresolved issues. The same problems arise when assigning and recalculating pensions of servicemen and employees of the Security Service of Ukraine, at the same time, pensions must correspond to a decent standard of living of such pensioners, adequately provide for them in old age and in case of loss of working capacity. Therefore, the state should in no way ignore the issue of financial support for this category of workers, as this may affect the level of national security of the state.

TINJAUAN YURIDIS TENTANG PERLINDUNGAN HUKUM KEPADA KARYAWAN TERKAIT WANPRESTASI DALAM PERJANJIAN KERJA WAKTU TERTENTU

The default case that occurred at PT Thania Indo Jaya against 2 (two) employees out of a total of 4 (four) employees with a Specific Time Work Agreement (PKWT) who was laid off due to the co-19 pandemic, namely not giving compensation rights to these employees. In this case, the Government is consistent in maintaining PKWT by issuing Perpu Number 2 of 2022 and Government Regulation Number 35 of 2021. The purpose of this study is to determine legal protection for PKWT employees at PT. Thania Indo Jaya Semarang and PKWT arrangements in laws and regulations, legal consequences in the event of default between the Company and employees. This study uses a type or type of normative juridical study. Data collection techniques are carried out through interviews, observation and documentation studies. The results of the study show that legal protection for PKWT employees at PT. Thania Indo Jaya Semarang is in the form of employment social security for employees, except for employees who are still apprentices, where employees who are still apprentices only get guarantees from the funeral service, provide work clothes and work tools, and form a P2K3 team. PT Thania Indo Jaya Semarang has committed a crime (default), so that it can be subject to a maximum imprisonment of 4 (four) years and/or a maximum fine of Rp. 400,000,000;- (four hundred million rupiah). Legal consequences if there is a default in the work agreement, which in the cancellation of the agreement is regulated in Articles 1451 and 1452 KUHP.

الوسائل القانونية والإدارية اللازمة لحماية الموظف العام في مراحل التحقيق الإداري- دراسة مقارنة

The legal and administrative means are the issue of giving legitimacy to the actions taken by the administration against the public employee if he violates the job duties entrusted to him. In the absence of such means, the administration is unable to take such measures. Therefore, the employee committing the violation must be supported by convincing evidence, which can only be obtained by hearing the employee and giving him an opportunity to defend himself and provide evidence proving his innocence of the charges against him. The administration must collect conclusive evidence that gives it justification for punishing him, as there is judicial oversight over the administration’s decision-making process regarding disciplinary punishment. In this research, we will review those means that consolidate the protection of the public employee by addressing the comparative aspects between the Iraqi constitution and legislation and the Egyptian and French constitutions and legislation.

Occupational safety and infection control for risk groups in the Covid-19 pandemic and the participation of employee representative bodies

Abstract The Covid-19 pandemic has posed new challenges for occupational safety and health. The protection of disabled and other vulnerable employees (risk groups) is no exception. For these groups of employees, the special hazards and risks associated with the workplace must be given special consideration. This article presents our study of company practices for dealing with risk groups, with particular reference to remote working constellations, and shows that the involvement of employee representative bodies has a positive impact on the scope and quality of protective measures. However, the low level of involvement of employee representatives in the planning and implementation of protective measures is problematic. The results are from an online survey of 1543 representatives of works and staff councils and representatives of severely disabled people in Germany.

Temporary agency employment: A supplement to regular jobs – under certain circumstances

In countries with strict employment protection legislation, firms may seek to replace regular by atypical jobs in order to cut wages or to become more flexible. In Germany, the number of unprotected temporary jobs is comparatively low. During the past decades, temporary agency employment, however, has increased considerably and the share of agency workers is now above the EU average. Using German establishment data, the analysis draws on longitudinal (generalized method of moments) and cross-sectional (matching and difference in differences) methods to evaluate whether agency workers replaced or supplemented regular workers during and after the Great Recession of 2008/2009. The study finds that hiring (more) agency workers made it possible for user firms among Germany’s core manufacturing industries to employ a larger number of regular workers at the same time. In specific sectors and regions, temp agencies therefore provided an alternative to government-sponsored instruments such as short-time work schemes. Obviously, from the view of workers, many disadvantages remain, even more so as it is rare for temp spells to offer a stepping stone into regular employment.

Ensuring employment of the population: international legal standards and national experience

The article examines a number of international regulatory acts containing the main legal standards in the field of ensuring employment of the population, combating unemployment and social security of a person in connection with the loss of a person's job for reasons beyond his control. It is noted that these areas of legal regulation are directly related to the right to work, the effective prohibition of discrimination and forced labor, as well as the right to free personal development and decent work. The change in trends in the social policy of the states is monitored from the simple support of a sufficient living standard of the unemployed through the provision of state or insurance benefits to the state employment policy, which stimulates employment based on professional orientation, choosing a profession with maximum consideration of natural abilities and already acquired skills, opportunities for professional training, retraining and advanced training, building a system of professional education in accordance with the needs of the labor market, etc. International legal standards, which are the basis for the development of the legal system of any modern state, determine the directions of reforming both the legal system as a whole and its individual branches. Accordingly, the labor and social security legislation of Ukraine is also developing in line with global and European trends. In particular, already during the years of independence, legislation on employment and social protection of the unemployed has undergone significant reforms, increasingly approaching the high standards of ensuring human rights in this area. The revision of the 2012 Law of Ukraine "On Employment of the Population" was a significant progressive step, as it provided for a number of measures to stimulate productive employment, help young people get their first job, and regulated the procedure for employment of foreign citizens in Ukraine. This Law and the relevant regulatory documents are subject to constant changes, especially in the last few years in connection with the problems of the pandemic caused by the spread of COVID-19 in the period of 2020-21 and the armed aggression of the Russian Federation against Ukraine from February 2022 to the present . It should be noted that the cooperation of the legislative and executive branches of government with experts of specialized international organizations brings positive results, as Ukrainian legal norms are increasingly approaching recognized international standards, in particular, the standards of the European Union, in which the main goal is to ensure human rights, respect for the individual, human dignity and equality of treatment in the spheres of employment and professional education.

Hygienic aspects of legal and methodological support for organizing forensic medical examination

BACKGROUND: The problem of the prevention and control of infections associated with the provision of medical services in the forensic medical examination bureau (FME) remains relevant. In connection with the spread of new coronavirus and other infections, it is of interest to study the compliance of the regulatory and methodological framework with new challenges from the point of view of hygienic and organizational aspects of forensic work, including examination, disease prevention, and reduction of the effect of risk factors on workers.
 AIM: To analyze the current state of the regulatory framework of the activities of the forensic medical examination service.
 MATERIALS AND METHODS: The regulatory documents at the federal and departmental levels regulating the activities of the forensic medical service were studied. Documents regulating a set of measures aimed at maintaining sanitary and epidemiological well-being and compliance with sanitary norms and rules in relation to the divisions of the FME bureau were analyzed. Emphasis was placed on identifying sanitary and hygienic measures to ensure that FME bureau workers are safe from infectious contamination.
 RESULTS: The organization of the activities of the FME bureau is regulated by relevant legal acts that consider the procedure for organizing and conducting forensic medical examinations and are developed in strict accordance with the requirements of federal laws and orders. Some questions related to individual stages of the forensic medical examination, such as the location of the incident, transportation of the corpse to the medical examiner’s office, storage of a corpse, conducting an autopsy, and collecting biomaterial for examination, require solutions to improve the safety and quality of forensic medical examination. The protection of employees of the FME bureau from infectious contamination, organization of preventive measures, and prevention of risks of infection of medical personnel require the development of regulatory legal acts.
 CONCLUSION: The results obtained indicate the need to improve the legal regulation of individual stages of forensic medical examinations and improve the quality of anti-epidemic measures that ensure the safety of FME bureau workers from infectious diseases. The recommendations are aimed at improving the forensic medical examination service in the country, improving the equipment of morgues, and ensuring conditions for the implementation of the right of personnel of forensic medical institutions to health protection.

The Right to Freedom of Association and the Protection of Employees against Victimisation in the Workplace

This article deals with employees' right to freedom of association and their protection against victimisation when exercising this right in the workplace. First it explains the concepts of "freedom of association" and "victimisation". It then considers the protection of employees against victimisation for exercising the right to freedom of association internationally and domestically, however, only in the employment context. It considers the protection of the right to freedom of association in South Africa in terms of the Constitution and its regulation under various sections of the LRA. It also looks at limitations on the right to freedom of association and the remedies available to employees who experience victimisation because of exercising this right. It further considers the regulation of the right to freedom of association in the UK. It argues that although this right is well protected internationally and domestically, employees still experience victimisation as a result of exercising it. It further argues that the protection of this right and its exercise by employees is necessary to bring a balance to an uneven relationship between employers and employees in the workplace. It concludes that trade unions together with employers have a responsibility to ensure that employees exercise their constitutional right to freedom of association with no fear of victimisation.

Penegakan Hukum Tindak Pidana Korupsi Ditinjau dari Teori Efektifitas Hukum

The default case that occurred at PT Thania Indo Jaya against 2 (two) employees out of a total of 4 (four) employees with a Specific Time Work Agreement (PKWT) who was laid off due to the co-19 pandemic, namely not giving compensation rights to these employees. In this case, the Government consistently maintains PKWT by issuing Perpu Number 2 of 2022 and Government Regulation Number 35 of 2021. This study aims to determine legal protection for PKWT employees at PT. Thania Indo Jaya Semarang and PKWT arrangements in laws and regulations, legal consequences in the event of default between the Company and employees. This study uses a type or type of normative juridical study. Data collection techniques are carried out through interviews, observation and documentation studies. The study results show that legal protection for PKWT employees at PT. Thania Indo Jaya Semarang is in the form of employment social security for employees, except for employees who are still apprentices, where employees who are still apprentices only get guarantees from the funeral service, provide work clothes and tools, and form a P2K3 team. PT Thania Indo Jaya Semarang has committed a crime (default), so that it can be subject to a maximum imprisonment of 4 (four) years and/or a maximum fine of Rp. 400,000,000;- (four hundred million rupiah). Legal consequences if there is a default in the work agreement, which in the cancellation of the agreement is regulated in Articles 1451 and 1452 KUHP.

Corporate social responsibility reporting and investment: Evidence from mergers and acquisitions

AbstractWhile corporate social responsibility (CSR) has played an increasingly important role in corporate decision‐making, the role of CSR disclosure in a firm's investment activities remains poorly understood. This study investigates the impact of CSR disclosure on mergers and acquisitions (M&As), which are pivotal investment activities. We find that firms disclosing voluntary CSR reports experience significantly stronger market reactions to M&A announcements than those that do not disclose such reports. Specifically, acquisitions by voluntary CSR disclosers achieve 1.2% higher returns upon acquisition announcements, leading to a substantial increase in shareholder value. Our findings are consistent across a series of robustness tests. Additional analyses suggest that the positive market reactions are especially tied to voluntary disclosures concerning the protection of employees and customers, and that the quality and financial materiality of voluntary CSR disclosures amplify positive market responses. We also find that voluntary CSR disclosers exhibit better long‐term post‐acquisition market and operational performance. Collectively, our findings suggest that voluntary CSR disclosures bolster acquisition returns by mitigating stakeholder resistance. Additionally, by leveraging the unique conditional CSR disclosure regulation in China and using a staggered DID design, we observe a diminished market reaction for acquirers following mandatory CSR disclosures. Overall, this research provides new insights into the contrasting effects of voluntary and mandatory CSR disclosures, emphasizing the vital role of effective stakeholder CSR communication in the success of M&As.