Employment Protection Research Articles

3.O. Scientific session: Migrant labour exploitation and health: How can research foster protection of migrant workers?

Abstract Migrant workers sustain essential industries such as the food supply chain, construction, and domestic and care work. They tend to perform onerous and risk-laden tasks at low pay without employment or health protections, and often under exploitative terms (e.g., debt bonding, piecework). Current evidence on associations between migration, employment terms and conditions, and health indicates profound inequities in work-related health outcomes for migrant workers. Although the COVID-19 pandemic highlighted these disparities and their potential social and public health implications, migrant workers continue to be overlooked by public health scholars and policymakers. Supranational regulations (such as EU directives) and national policies rarely consider migrants in their role as workers, and little research is dedicated to questions at the intersection of migration, employment, and health. The invisibility of migrant workers is also a matter of disciplinary and sectoral silos, with different aspects of migrant labour regulated separately by Ministries of Immigration, Labour, Agriculture, Health, and others. These silos create incompatible, context-contingent definitions, terminologies, and administrative categorizations, leading to inconsistent data collection and data gaps which, in turn, translate into policy blind spots. Data that are comparable across contexts and that refer to migration, employment/work and health are generally scarce. For some sectors and contexts, virtually no data exist; e.g., for migrant workers in agriculture, construction, and domestic work, and for migrant workers in low- and middle-income countries. There is barely any evidence about interventions to improve the structures that dictate migrant workers’ employment conditions or obligations of employers. Given the limited participatory research with migrant workers, we have a very poor understanding of their views and viable intervention options, and migrant workers’ voices thus also remain absent from policymaking. This workshop aims to contribute to greater visibility of - and ultimately action on - migrant labour exploitation in research and policy. To this end, it will map current challenges and shortcomings in generating evidence on the links between migration, work/employment, and health; and it will suggest ways to improve research and interventions to address migrant workers’ health, based on the speakers’ experience in developing intervention-focused evidence in different contexts. The workshop will conclude with an open discussion to identify further relevant questions and elaborate steps towards better research and greater protections for mobile worker populations. Key messages • Harm from exploitative working conditions among migrant workers is substantial, yet data collection methods and intervention designs are limited. • For public health research to effectively help protect the health and rights of migrant workers, it is essential to share methods and insights across disciplines to drive research for action.

Is employment protection legislation a driver or an inhibitor of entrepreneurship? The interaction between stringency and enforcement

PurposeThis study aims to revisit the relationship between the stringency of employment protection legislation and entrepreneurship at the macro-level using time series data from 28 OECD countries.Design/methodology/approachTo address model uncertainty, a Bayesian model averaging methodology is employed, overcoming issues related to predictor selection. Additionally, the study delves into the interaction between employment protection legislation and the rule of law, considering potential unintended consequences and overlapping effects. Heterogeneity within self-employment is explored, making a distinction between solo self-employment and employer entrepreneurship.FindingsThe findings reveal that the impact of employment protection legislation, both for regular and temporary employment, on aggregate solo self-employment rates is contingent upon the level of practical regulatory compliance. The legislation can either stimulate or hinder entrepreneurship, highlighting the nuanced nature of its influence on macro-level entrepreneurial activities.Practical implicationsThe results of this study provide valuable insights for policymakers and regulators by emphasizing the complexity of the relationships under consideration. Understanding the potential interactions between employment protection legislation, rule of law and practical regulatory compliance is crucial for designing an effective and conducive regulatory environment for entrepreneurship.Originality/valueThis research offers a unique contribution to the literature in three distinct ways: by addressing model uncertainty through Bayesian model averaging, examining the interaction between employment protection legislation and the rule of law and differentiating between solo self-employment and employer entrepreneurship. These distinctive elements enhance the originality and value of the study, providing a more nuanced understanding of the intricate relationship between legal frameworks and macro-level entrepreneurship.

Portuguese Households on a Tightrope: Income Vulnerability during the COVID-19 Pandemic

During the COVID-19 pandemic, the Portuguese government implemented emergency fiscal measures to protect incomes. Despite these efforts, Portugal’s poverty rate increase in 2020 was the steepest among all European Union member states. The present article maintains that the prevailing labor market institutions limited the impact of the pandemic-related emergency measures. These institutions include social policies (such as low social benefits, minimum wages near the poverty line, and weak employment protection) as well as employment practices (such as precarious employment contracts and low wages). Established institutions increased households’ vulnerability to poverty and exacerbated the GDP/poverty nexus. JEL Classification: A120, B520, I380, N340.

Labor market policies in high- and low-interest rate environments: Evidence from the euro area

Do labor market policies initiated in periods of loose monetary policy yield different outcomes from those introduced when monetary tightening prevails? Using data from 11 euro-area members up to 2010–and extending to 17 countries up to 2020–we analyze three labor market policies: replacement rates, spending on active labor market policies (ALMPs), and employment protection. We find that these policies deliver different macroeconomic outcomes in low- and high-interest rate environments. In particular, ALMPs reduce unemployment if implemented under a loose monetary policy but not otherwise, whereas higher employment protection delivers expansionary effects under a tight monetary policy. These findings highlight that the effectiveness of labor market policies is significantly influenced by the monetary policy environment, emphasizing the need for coordinated policy design. Methodologically, we contribute by proposing to average local projections using Mallow’s Cp criterion, allowing for inferences that are robust to mis-specification and accommodate non-linearities.

The disability pay gap in the UK: What is the role of the public sector?

Using data from the UK Quarterly Labour Force Survey we provide the first evidence on variation in the disability pay gap between the public and private sector. Decomposing the disability pay gap at the mean we find evidence of a sizable unexplained pay gap in both sectors, but this is narrower in the public relative to the private sector, consistent with greater pay equality in the public sector. The unexplained disability pay gap increases across the pay distribution particularly in the private sector, suggesting a ‘glass ceiling’. As such, our evidence suggests the public sector provides relative protection for disabled employees, especially at the top end of the wage distribution. This appears to be driven by the influence for females.

Swedish trade unions and in-work poverty

This article aims to exemplify how Swedish social partners, especially trade unions, have addressed the issue of in-work poverty in relation to recent and influential changes of the Swedish Employment Protection Act. Applying a methodology where Luhmann’s systems theory is used as a framework of analysis, whereby social partners and trade unions are viewed as organisations that contribute to the production of communication within the autopoietic system of industrial relations. The empirical material analysed for the article, therefore, consists of written communications from Swedish social partners and trade unions, produced during the process of changing and adapting the new the legislation. The analysis shows that Swedish trade unions could be more ambitious and direct in addressing the issue of in-work poverty and that further research on this topic would be useful to assist the trade unions in formulating relevant strategies for the future.

Employment, labor and social protection in a hybrid enforcement regime

The features of the hybrid law enforcement regime in the field of employment, labor and social protection are considered. Russia and the whole world have entered an era of turbulence, when customary and even emergency legal regimes that have been developed over decades do not allow us to respond effectively to challenges, regulate public relations and protect the rights and freedoms of legal entities in response to changes in the current situation. The traditional systematic approach to legal regulation using blocks of legislation formed in advance as a reaction to the situation changing in one direction or another often does not justify itself and each time requires a creative and individual, rather than template, approach from the law enforcement officer to the selection of used tools and norms of different legal regimes , which requires active rule-making to fill emerging gaps. Avoiding complex legal regulation adds originality to rulemaking and law enforcement in the early 2020s, the general direction of which is to accelerate the creation of rules of conduct in the field of labor, employment and social protection by increasing the role of the Government, speeding up the lawmaking process, expanding regional rulemaking, and giving greater legitimacy to the instructions of officials in comparison with documented acts. The legislator has consistently optimized the legal technique of preparing and adopting laws that meet the needs of operational support of a special military operation with labor legal means. The growth of regional rule-making in the field of social protection requires the elimination of shortcomings and unification at the federal level. A noticeable phenomenon was in a number of cases the replacement of written administrative acts with instructions from a senior official. The legal regimes formed in this way - aimed at countering the spread of the coronavirus COVID-19, accompanying the conduct of a special military operation, etc., can be called hybrid or constructed – assembled from various legal elements and do not form systems sufficient to achieve an integration-entropy balance. Moreover, for this design, elements of normatively established special legal regimes are used, which, however, have undergone significant transformation - a self-isolation regime instead of mandatory quarantine measures, special measures in the economic sphere instead of special economic measures established by presidential decree; mobilization – but partial. All this points to the 2020s as a period of hybrid law enforcement, when elements of other emergency regimes are used to construct the current law enforcement regime, but not in combination, while avoiding measures that entail a radical and total violation of civil rights and freedoms. At the same time, accelerated law-making clearly indicates that the array of norms that have been created over decades is insufficient to regulate the current agenda.

Crowd-sourced CEO approval and turnover

This study examines how employee approval ratings of CEOs improve the predictability of turnover. Using the crowd-sourced reviews from Glassdoor, we find that CEOs with high employee approval are less likely to be removed, even after a poor performance. The decrease in turnover–performance sensitivity is particularly strong when the relative importance of employees is greater in industries of higher intangible asset intensity and in states with strong employee protection. Firms with higher CEO approval subsequently show improved performance and lowered firm-specific risk. We highlight the role of employees as a key stakeholder in predicting CEO turnover, consistent with the value creation view of stakeholder capitalism.

The Modeling and Optimization of a Multi-dam System

In this paper, we present a maintenance plan for the Kariba Dam in Africa. The Kariba Dam, a double curvature concrete arch dam in Zambia's capital, is crucial for regional energy and water management. Ensuring its safety and functionality is essential. This study provides a comprehensive analysis and maintenance plan to safeguard the dam's long-term viability. Our mathematical analysis begins with a threshold evaluation of three proposed options, considering costs such as relocation, dam removal, construction of new dams, repairs, and ecological damage, as well as benefits like energy generation, flood prevention, employment, tourism, and ecological protection. The data-driven analysis indicates that our option is the most economically viable. We assess water management capabilities, using them as a safety coefficient for the dams. We selected 30 seed points along the riverbank to establish dams. Our recommendation is to increase the number of dams and ensure their strategic distribution. An assessment model based on the analytic hierarchy process was then developed, focusing on three factors: safety, economy, and population. We determined the weights of each factor. The optimal scheme was identified through this model, and the sensitivity of the results was also evaluated. The greatest impact under extreme conditions was found. This paper provides the details of the theoretical analysis and the numerical experiments, which include the use of modeling, optimization, mathematical programming, and so on.

Effect of Exposure to 2D Video of Forest Environment with Natural Forest Sound on Psychological Well-Being of Healthy Young Adults

Background and Objectives: In recent years, there has been a significant increase in interest in the health benefits of contact with nature. The theoretical and practical aspects of this issue are constantly being investigated. It is worth noting, however, that there is a large group of people for whom the only available form of contact with nature can only be through images (the view outside the window, photos and films about nature), recorded sounds of nature or descriptions of nature. Research indicating how much exposure to nature in the dimension of virtual reality achieves improvements in well-being, mood and vitality is therefore urgently needed. Material and Methods: The main goal of the experiment was to examine whether watching a 20-min 2D video of forest environment or reading a textbook on forest knowledge for 20 min would bring any psychological benefits. The order of both exposures was intentionally changed (reversed) for every second participant in this study to reduce the order effect. A group of 16 volunteers, students of Warsaw University of Life Sciences, took part in the experiment. The psychological tests before and after each of the two parts of the experiment (viewing a picture with sound and reading a book) were established using five questionnaires: Profile of Mood State (POMS); Positive and Negative Affect Scale (PANAS); Restorative Outcome Scale (ROS); Subjective Vitality Scale (SVS) and State-Trait Anxiety Inventory (STAI). Results: As a result of the analyses, a 20-min viewing of a 2D video of a forest with natural sounds of nature was shown to have a positive effect on the psychological relaxation of the subjects in the form of an increase in restorativeness and vitality in the participants of the experiment, as well as a greater decrease in negative feelings, tension and anger than when reading a forest-themed book. Watching a video of a landscape can reduce tension and anger levels significantly, which can be an important guideline in relation to the interior design of public spaces and the protection of employees from the adverse effects of psychosocial working conditions, as well as the desire to stabilize anger and maintain emotional stability in everyday life.

Human-centered AI development in practice—insights from a multidisciplinary approach

Industry 5.0 will focus on human-centered digitalization and put people at the center of manufacturing. To achieve this, it is necessary to consider employees throughout the transformation process. For this purpose, a practical approach to human-centered AI integration based on the Design Science Research method is presented in this article. The main requirements of the approach were evaluated in interviews with ten pilot companies, especially SMEs. The practical procedure was then examined in more detail for three application examples. The results show that there is still a lack of a uniform approach regarding the involvement of employees. Information on AI projects often reach those affected only during implementation. Even though the interdisciplinary approach is understood as a feasible approach for holistic AI development and implementation, there is still a lack of practical guidelines for adopting this multi-perspective approach. This work provides an initial starting point for a practice-oriented approach to the introduction of human-centered AI.Practical Relevance: As a result of exponential digitalization and the associated in-depth use of partially to fully automated technologies such as AI, collaboration between humans and machines is becoming increasingly important. It is essential for companies to work according to human-centered approaches to consider motivation and satisfaction as well as aspects of data protection and personal protection for employees. The necessity for companies to adopt a human-centric and sustainable approach to digitalization will intensify in coming years. The work addresses the needs for operationalization of research findings for companies. Thus, the proposed guidelines can be understood as an approach to practical knowledge transfer from science to industry.

Survey study on the Korean quarantine-at-home system for Covid-19: suggestions for improvements.

We examined whether quarantined individuals complied with rules to prevent transmission at home and whether the government provided appropriate support to individuals in quarantine. Between November 2020 and August 2021, we surveyed 198 individuals who had been or were quarantined at home without infection. The online survey results show that respondents experienced difficulties living in close quarters with their cohabitants and had low compliance with in-house hygiene rules. The government needed to provide adequate employment protection, living expense, or care support. Such failures of the system were mainly due to a lack of legal grounds for the government to operate. To improve compliance, the government can amend laws to permit active communication of public health messages with those quarantined at home and provide the necessary support.

Harmonizing Legal Frameworks: A Comparative Legal Overview of Employee Transfers in Albania and Selected EU Countries

Employee transfer is an important phenomenon that impacts both the public and private sectors worldwide. It is one of the most important managerial and productive instruments that a company can use. Although it is commonly practiced, the institution of internal employee transfers is not regulated in the Labor Code of Albania. Albanian legislation only recognizes the internal transfer of one category of employees, the civil servants. In this regard, there arises an urgent need for the immediate regulation of this institution for the other categories of employees as well. In the context of Albania's accession to the European Union, implementing such regulations would ensure effective protection for employees in accordance with European legislation. Without such regulation, transfers could become a mechanism that employers might misuse. This research paper employs various scientific methods, including historical, analytical, and comparative methods. Following a historical analysis of Albanian legislation, the paper examines employee transfers under current Albanian laws and those of selected EU countries. In conclusion, it is essential for the Albanian Labor Code to establish regulations for internal employee transfers that align with leading European legislations, which have often served as models for shaping Albanian law.

Гнучка зайнятість як засіб збереження робочих місць на українських підприємствах під час війни

The article examines the relevance of flexible forms of employment in the context of current economic challenges, especially in connection with the war in Ukraine. Ensuring the effectiveness of flexible employment is critical for preserving jobs and maintaining the economic stability of enterprises in the current crisis conditions. The purpose of the study was to analyze approaches to the introduction of flexible employment at Ukrainian enterprises and recommendations for adapting the existing model of flexible employment to the conditions of martial law to preserve jobs at enterprises and ensure a balance between the economic interests of enterprises and social guarantees for employees considering the specifics of the modern labor market, and to develop. It has been proven that in times of crisis, flexible forms of employment become a vital tool for preserving jobs and maintaining economic stability, as well as increasing the adaptability of employees to changing labor market conditions, which is critical in times of crisis. However, existing flexible employment models need to be adapted to war conditions. The article develops recommendations for enterprises to introduce flexible forms of employment that allow them to maintain productivity and minimize social tension among employees. These recommendations include using remote work, part-time work, and digital platforms to attract freelancers, as well as measures to improve the social protection of employees, implement mental health support programs, and adapt labor contracts to the new conditions. The practical value of the study lies in the development of specific recommendations for enterprises that will allow them not only to maintain their functioning in the crisis but also to ensure sustainability and development in the long term. The proposed measures can be used as a basis for further improvement of HR management strategies in conditions of instability and crisis. Keywords: flexible employment, crisis model, social guarantees, remote work, outsourcing, outstaffing.

Evaluation of the impact of Korea’s employment protection legislation on vocational training discrimination against non-regular workers

This longitudinal study evaluated the effectiveness of Korea’s 2007 employment protection legislation (EPL), aimed at mitigating labor discrimination against non-regular workers (NRW). Specifically, we use the Korean Workplace Panel Survey data from 2005 to 2013 and adopt a difference-in-difference methodology (DD) to explore whether establishment reduces the gap in training opportunities between NRW and regular workers (RW). Results show that compliance with government regulations depends on how business establishments react to the rules and the characteristics of these stakeholders. Overall, the 2007 reform partially improved the training opportunities in NRW. However, this positive outcome was mostly concentrated in companies with affluent resources or stronger bargaining power of NRW. Policymakers should consider in what context the policy works well and what factors may hinder its operation at the policy design stage.

Right to Employment Protection of the Adjunct and Internal Full Time Contract Faculties in the Tribhuvan Univer

This study explores at the legal rules for recruitment part-time and full-time contract teachers at Tribhuvan University (T.U.) in Nepal. It focuses on how they are recruitment, selection, and how their rights are protected. The study uses legal documents like the T.U. Act and court cases from other countries to examine these issues. The findings show how T.U. uses part-time teachers, how it hires them, and how decisions made by the administration can affect them. The study also highlights international court cases to see what they say about following proper procedures, meeting contract obligations, and protecting the rights of teachers. Based on this, the study suggests ways to improve the situation, i.e., considering the needs of teachers, following labor laws, and having clear rules about academic freedom and job security. It also suggests making contracts clearer and giving teachers more rights, such as knowing more about their jobs and being able to bargain together as a group.

Peculiarities of working conditions for employees with a remote form of employment

Today, the problem of improving working conditions and improving their organization is quite urgent, in particular, the issue of working conditions for workers with non-standard forms of employment, in particular remote employment, which is gaining importance today, needs to be resolved. The purpose of the article is to study the peculiarities of working conditions for employees with remote employment, to identify problems and to propose ways to eliminate them. It is noted that with the appearance of non-typical (non-traditional) forms of employment on the domestic labor market, both practitioners and scientists are increasingly questioning the employer’s ability to fulfill the duty assigned to him to guarantee employees whose work does not fit into the traditional framework of labor relations, safe and healthy working conditions. Therefore, the employer using this type of employment should also take care of additional protection of employees, in particular, in matters of occupational health and safety, especially today, when the danger is different, external, military. At the same time, analyzing the current labor legislation, it was established that the employer is responsible only for “the safety and proper technical condition of the equipment and means of production, which are transferred to the employee to perform remote work”, and he does not have the obligation to ensure safe and harmless working conditions for the employee. Therefore, supporting other researchers of this issue, it is suggested that among the special conditions of the labor contract on remote work, there should also be a condition on ensuring labor safety, in order to oblige the employer to ensure the safety of the work of employees of the remote form of employment, in particular, to make sure that the assigned work can be performed safely at home by such an employee, has appropriate equipment and tools for safe work at home, received appropriate information, instructions and training (including in the event of an emergency), and also took measures to ensure the physical and psychological well-being of employees. Since remote work should not entail any restrictions on the scope of labor rights of employees, that is, a remote worker should have the same rights and obligations as other employees.

Bankruptcy of the employer as a consequence of his insolvency

The article considers some issues related to the bankruptcy of the employer, which arises as a result of his insolvency, in particular, the issue of employee protection. It is noted that bankruptcy affects both employers and employees differently. Thus, the employer may be liable both to third-party creditors (financial institutions, suppliers, landlords) and to be in debt to the employees, if the salary or its part has not been paid, as well as the remuneration due to the employees. At the same time, it can have negative consequences for the workers, since their livelihood and their families can be completely dependent on such salary or remuneration. It was concluded that the issues of employee protection in case of employer’s insolvency have always been important and needed to be resolved, since employees are the least protected subjects of labor relations, who need guarantees of protection of their rights from both the employer and the state. Since the bankruptcy of the employer negatively affects both the social and financial situation of the employees, it leads to the termination of the employment contract concluded with them both for an indefinite period and a fixed-term employment contract before the expiration of its validity period. It was concluded that the adoption by the Verkhovna Rada of Ukraine of new legislative acts on the protection of the rights of employees in case of bankruptcy of the enterprise is a positive step, especially today, when the country is in a state of war against the Russian aggressor. It is noted that the implementation of the proposed norms will contribute to the approximation of Ukrainian legislation to European labor standards and will make it economically unprofitable for the employer to withhold salary, will create conditions for reducing the amount of existing debt for its payment, will increase the level of economic protection of the employee in case of late payment of work, and will also ensure the creation of a mechanism wage compensation in case of insolvency of the employer.

Problems of Protection of Employees' Personal Data at the Contemporary Stage

Problems of Protection of Employees' Personal Data at the Contemporary Stage

Reaching the European 2030 poverty target: The imperative to balance the EU social agenda

Reaching the three targets of the European Pillar of Social Rights (EPSR) Action Plan is the litmus test for effective EPSR implementation. While the EPSR puts forward a prima facie balance between employment, equal opportunities and social protection, two important questions arise: a) whether and to what extent the resources available at EU level are sufficiently balanced across the different dimensions of the EPSR; and b) which implications this may have for achieving the 2030 poverty target. Analysing the three domains of the EPSR, its Action Plan and the wider EU legal framework of the principles contained in the EPSR, the paper argues that abundant EU resources are available for the areas of equality and employment, but fewer for social inclusion. The empirical evidence on poverty trends over the past decades, however, points to important successes in terms of employment and (gender) equality, but not with respect to social inclusion: a significant increase in employment and defeminisation of poverty have been accompanied by greater precarity for low-skilled men and women. Particularly striking is the rise in the risk of poverty among jobless households, linked with the weakening of the poverty reduction capacity of social protection for this group. Meeting the European social inclusion targets will thus require policies that duly focus on strengthening the framework for social inclusion and social protection.