Employment Protection Research Articles

Pension Reform and Improved Employment Protection: Effects on Older Men’s Employment Outcomes

Abstract This study examines the impacts of demand-side (the improved employment protection law) and supply-side (pension reform) government interventions on older male workers’ employment outcomes in Japan. To identify the effects of interventions implemented concurrently, we employ a difference-in-difference-in-differences (DDD) approach with variation in the bindingness of the revision of employment protection law as our specification strategy. Our results show that the revised employment protection law had a significant positive impact on employment. However, the results of the event study’s DDD model show that the treatment effects do not last over time.

The impact of immigration on the employment dynamics of European regions

This paper provides the first evidence on the regional impact of immigration on native employment in a cross-country framework. By exploiting the richness of the European Labour Force Surveys and past censuses, we show that the rise in the share of immigrants across European regions over the 2010-2019 period had a modest impact on the employment-to-population rate of natives. However, the effects are highly uneven across regions and workers, and over time. First, the short-run estimates show adverse employment effects in response to immigration, while these effects disappear in the longer run. Second, low-educated native workers experience employment losses due to immigration, whereas high-educated ones are more likely to experience employment gains. Third, the presence of institutions that provide employment protection and high coverage of collective wage agreements exert a protective effect on native employment. Finally, economically dynamic regions can better absorb immigrant workers, resulting in little or no effect on the native workforce.JEL codes: F22, J21, J61

Promotion, public policies and decent work: how to foster community cohesion and common vision?

PurposeThis paper aims to investigate perceptions of the employees on decent work and explore the path how employees, employers, social partners and public policymakers contribute to a united response to the implementation of sustainability dimensions to foster community cohesion and promote common vision.Design/methodology/approachThe survey was conducted in country of Kosova and aimed to target respondents under employment relationship at the time of the survey administration. Respondents were categorized into two groups: those working in the public sector and the ones working in the private sector. The sample consisted of 580 respondents. Descriptive statistics, reliability measures and Person correlation coefficient were used for data analysis.FindingsThe results showed that strong positive correlation is found between having rights of employees protected and safety at workplace; equal treatment at workplace and receiving a fair pay; the positive impact of social partners and protection of employees; and finally, efforts of government to create conditions for decent work and its active support of decent employment.Originality/valueTo the best of the authors’ knowledge, this research topic is among the first studies in country that has been developed at the Universum International College as one of the constituting research themes deriving from the Institution’s research plan on sustainability. It explains the multiform and multifold ways through which decent work may be promoted as common vision between employees, employers, social partners and public institutions.

Employment protection and the provision of trade credit

Improved employment protection may affect corporate trade credit decisions due to increased labor costs. Using the staggered adoption of U.S. state-level Wrongful Discharge Laws as a quasi-natural experiment, we find that suppliers’ provision of trade credit decreases significantly with better labor protection. The trade credit reduction is more pronounced for firms with higher distress risk, financial constraints, and operating leverage. Firms operating in states with lower unionization and in industries with higher labor turnover, and greater product market competition cut their trade credit more. The decrease in trade credit supply also varies with the type of products sold and customer concentration.

Flexicurity, education and optimal labour market policies

AbstractThe paper provides a theoretical rationale for flexicurity policies, consisting of low employment protection, generous unemployment insurance and active labour market programmes. Education efforts give access to high productivity firms, more likely to survive and thus exposing less their workers to unemployment risk. Activation programmes support reallocation from risky and unproductive to safer and more productive firms, reducing unemployment. Low employment protection can provide incentives for self‐insurance against unemployment risk through education, mitigating the moral hazard cost of unemployment insurance and activation programmes. The paper identifies conditions for flexicurity to be optimal and confronts theoretical predictions to the data.

Legal protection of police employees

The article examines certain aspects of the legal protection of police officers. In particular, attention was paid to important aspects regarding the right to protect the honor and dignity of a police officer. It is noted that one of the important and necessary state institutions in modern conditions is the National Police of Ukraine, which occupies one of the key positions, performing the function of law enforcement agencies and performing a fairly wide range of tasks to protect the rights and freedom of citizens, therefore the legal protection of employees of this value plays an important role role in the institution. However, to date, the legal protection of police officers remains an unsolved problem that creates obstacles to the development and establishment of stability in society. When analyzing the current national legislation in the field of legal protection of employees of the National Police of Ukraine, it was established that despite the large number of normative legal acts that regulate the legal protection of law enforcement officers and their family members, attention is drawn to the declarative nature of the norms and the optionality of their implementation, as well as the lack of a unified approach to the legal regulation of social protection of the studied category of employees. As a result, despite the fact that the legal protection of employees of the National Police of Ukraine is provided for by a number of normative legal acts, many issues remain unresolved, especially in modern conditions. It is noted that despite a number of positive changes regarding the reform of the police system in Ukraine, it is necessary to pay more attention to social and legal protection and gaps in the national legislation, the elimination of which will give a chance to ensure the full functioning of the newly created and reformed units of the National Police of Ukraine. The task of reform is primarily to ensure consistency between tasks and functions, structure and personnel, and resource provision. Among other important issues is the fair remuneration of Ukrainian police officers, because the safety of citizens and the level of crime detection directly depend on their motivation. Therefore, their payment must correspond to modern threats and realities, ensure stability, and only the law can guarantee this.

Ринок праці в Україні в умовах війни: аналіз динаміки та виклики

This article analyzes the impact of the war on the labor market in Ukraine. It compares the state of the market before the start of the conflict with the current state, looking at structural changes, employment and unemployment rates, and the impact on the incomes of the population. The article also focuses on the specifics of employment and social protection for veterans, internally displaced persons, and minorities. It evaluates government policy and recommends necessary reforms, support for entrepreneurship, and investment in infrastructure development. The final conclusions emphasize the importance of an integrated approach and the cooperation of various parties.

Eliminating the Gap of Labor and Social Protection for the Workers of Platform-Based Transportation

This study aims to examines online transport business practices in Indonesia and assesses whether workers get decent labor protection. The study tries to provide the answer to the unresolved debate about what form of regulation to close the protection for platform work. The method used a descriptive-qualitative research design with the study case paradigm notably in online transportation sectors. Research data was obtained through in-depth semi-structured interviews with drivers from different apps in Jakarta, the Indonesia Capital City. The study found that the improvement of employment protection for workers can only be done by first clarifying the legal status of workers, and determining the form of employment protection that is suitable for them, which is made through a special regulation. The study proposes a way out by providing options based on selected countries experiences of different continents on how the platform should protected without hurting platform business.

The Legal Impact of Merger, Acquisition, and Other Corporate Restructuring Activities on Employment Relationship Based on Labor Law in Indonesia After the Enactment of the Job Creation Law

Mergers, acquisitions, and other corporate restructuring activities are regarded as one of the strategic steps to maintain the company's existence and to carry out business growth, which can be done when the company is in financial difficulties or when the company intends to develop its business and increase its revenue. However, there have often been problems in the past related to employment relations and other legal issues on employment law. This study aims to determine the legal impact of merger, acquisitions, and other corporate restructuring activities on employment relations based on employment regulation in Indonesia after enactment of Law concerning Job Creation. This study uses the normative juridical method with descriptive analysis characteristics. The results of the study show that in the event of a corporate restructuring activities, the employment relationship may continue as long as there is no termination of employment, whether it arises at the initiative of the employer or the employee. The law provides preventive as well as repressive protection for employees in the event of corporate restructuring activities.

A Monte Carlo simulation study of medical cyclotron accelerator in order to design a neutron shield reducing staff absorbed dose

Cyclotron is one of the accelerators that is widely used in the field of diagnostic and therapeutic radiopharmaceutical production. During nuclear reactions, occur in cyclotrons, in addition to the desired nuclide, neutron and gamma radiation are also produced. The resulting radioactivity depends on the type and energy of the emitted particles, as well as on the materials irradiated by the primary beam and the secondary radiation field. Secondary neutrons and components activated with secondary neutrons may affect the staff absorbed dose. Activated cyclotron components are a major source of potential radiation to staff who maintain and repair the device.The correct determination of neutron and gamma radiation is a basic condition for the design of protection and, as a result, the protection of employees. It is impossible to perform such a study in humans, and the only method to estimate the dose is the use of Monte Carlo simulation. In this research, by using GEANT4 Monte Carlo codes, the intensity and spectrum of neutrons and the dose of different organs inside, outside of the cyclotron room and also the in the operator's room were calculated. Three different materials of steel with special alloy, polyethylene, and cadmium boron were used for designing a shield. The neutron spectrum was calculated in different shield designs and compared with the design without shield.The optimum barrier for radiation protection against neutron depends on the energy of beam. In the case of cyclotrons that used for FDG (Fluorodeoxyglucose) production, the maximum neutron energy is 2 MeV. According to our simulation results, polyethylene (PE)is the best material for shielding.

A pathway to a sustainable future: Investigating the contribution of technological innovations, clean energy, and Women's empowerment in mitigating global environmental challenges

This study aims to provide insights into the pathway toward a sustainable future by investigating the factors contributing to environmental sustainability. In this pursuit, the current study empirically analyzes the role of economic growth, technological innovation, clean energy consumption, and women empowerment toward global environmental quality from 1991 to 2015. For empirical analysis, autoregressive distributive lag and fourier frequency domain causality models are employed to test the long-medium and short-run association between the selected variables. Fully modified ordinary least squares and canonical cointegration regression estimations are also applied for robustness. The empirics of this study reveal that economic growth deteriorates the environmental quality in the long and short run. However, technological innovation, clean energy consumption, and women's empowerment help improve environmental quality in the long and short run. In addition, the robust analysis also authenticates the long-run outcomes of the study. This study suggests policy recommendations aimed at a sustainable future by establishing strong regulatory policy instruments, enforcing environmental laws, promoting energy-efficient technologies in industries and households, implementing women's employment protection policies, and strong regulatory policy instruments to achieve emission reduction in the global perspective.

A Study on the System of Residence Preferences for Foreign Investors in France

As a member of the European Union (EU), France's legal system for foreign investment includes the provisions of EU law and relevant domestic legislation. EU law is the prerequisite and framework for domestic legislation to promote foreign investment. Without violating the relevant treaties signed by the EU and EU law, France can formulate its own investment management policy according to its own national conditions. In recent years, in order to promote foreign investment, France has been seeking for innovation and change, and has carried out a series of reforms on the legal system for foreign investment on the basis of compliance with the investment-related laws and regulations at the EU level. The reform of France's legal system for promoting foreign investment mainly focuses on the issuance of visas for high-end talents and foreign students to attract foreign investors, as well as multi-type and multi-level tax incentives to attract foreign-invested enterprises. However, the effectiveness of the reform of France's legal system for promoting foreign investment has been affected to some extent by the complicated tax collection and management system and the tilted protection of employees in the labor law. Through a series of studies, this paper attempts to sort out the overall thinking and specific initiatives of France's reform of its legal system for promoting foreign investment, and objectively assess its impact and effectiveness, with a view to summarizing the lessons that can be drawn from China's efforts to improve its legal system for promoting foreign investment..

A world of unstable jobs is far from the empirical trends displayed in the Irish labour market in the 21st century

Labour market dynamics are complex, limiting the capacity for consensus on a singular phenomenon to account for patterns. In this paper, we present a range of broader empirical trends from the Irish labour market that suggests the possible impact of neoliberal-type policies in the Irish market has been counterbalanced by strong human capital and skills development, growth in higher level occupations and employment protection. Though precarious work is a feature of parts of the labour market, the theoretical assumptions underpinning precarious work we argue should not be extrapolated to explain changes in job stability in the labour market at large.

Employee Protection and Innovation in SMEs: The Moderating Effect of Regional Digitalization

Employee Protection and Innovation in SMEs: The Moderating Effect of Regional Digitalization

The Emergence of Social and Economic Rights as the New Era in the International Community’s Development: History and Contemporary

Introduction. The world economic crisis of 1900-1903, which was accompanied by a crisis in the social sphere and resulted in the emergence of protests among the working class, became one of the significant factors that led to the First World War of 1914-1918. Therefore, there was the keen necessity to form a new international law and order with social and economic components. The League of Nations’ creation ensured its establishment, and the social and economic cooperation of states was concentrated within the framework of the ILO, in order to resolve social conflicts, protect the rights of workers, improve working conditions and increase their living standards. However, the continuation of the crisis was the next stage of the Second World War of 1939-1945 and taking into consideration the duration of this crisis in the XXI century the threat of a new world war in the nearest future cannot be excluded. The instability of international relations is the result of the destruction of the international law and order, which is replaced by protectionism in the form of regionalism. Conclusions. Within the framework of international organizations, in particularthe UN, ILO, EU a set of anti-crisis measures is adopted in order to overcome the consequences of the global crisis. However, they are not sufficient, often improvisational ,and the urgency of crisis management requirements leads to non-optimal solutions. Current legal order cannot be considered without the social and economic rights and activities of the ILO. The organization is designed, in particular, to ensure the establishment of universal peace based on social justice; develop and implement norms and principles in the field of labour; provide decent employment and social protection for all; develop international measures and programs for the implementation of human rights, improving working and living conditions; develop international labour standards etc. The states’ efforts to overcome this crisis should cover all levels of cooperation between states in the social and economic sphere, the adoption of appropriate effective measures, and decisions that would be characterized not situationally, but by systematic preparation for various crisis situations, including more active application of forecasts and different scenario planning. Key words: International Law, Social and Economic Rights, League of Nations,United Nations, International Labour Organization, World Economic Crisis, Anticrisis Measures in the Social Sphere.

Systematic construction of lawfulness of processing employees’ personal information under China's personal information protection law

With the rapid development and widespread use of digital technologies in the workplace in China, employers’ right to monitor and direct employees has often been abused, raising a number of disputes over the infringement of employees’ right to privacy in terms of their personal information. China must urgently develop an appropriate approach to balancing these two conflicting interests. However, there is currently no coherent and uniform regime governing the protection of employees’ personal information in China. The primary legal source on which employers can rely is the latest version of the Chinese Personal Information Protection Law (PIPL), which offers three lawful bases for employers’ processing of their employees’ personal information. These bases are employee consent; “necessity for the conclusion or performance of an employment contract”; and “necessity for conducting human resource management.” Concerns have been expressed regarding the reasonableness and effectiveness of the three lawful bases under the PIPL. First, it is both legally and practically problematic for the PIPL to rely so heavily on employee consent. Second, it is unclear whether the other two lawful bases relieve employers of the duty of notification and, if so, how to safeguard employees’ right to know. Third, the ambiguous standard of “necessity” requires clarification.This article argues that China should adopt many elements from EU law, while US law should be only followed in relation to the standard of “necessity”. In relation to employee consent, the EU approach is preferable to the US approach. As the EU approach does not generally regard employees’ consent as a lawful basis for the processing of their information and uses the other two lawful bases as alternatives to employee consent, this approach better reflects the customary practices of employee subordination and employer control in China. In contrast, US law deems employee consent to be an absolute general defense to the tort of privacy violation and adopts an employer favoritism approach to balancing these two conflicting interests, which is not appropriate in the Chinese context. In relation to the scope of necessity, three tests taken from the EU and US approaches should be considered by the Chinese courts. In addition, when processing personal information based on the other two lawful bases, employers should safeguard employees’ right to know through collective contracts concluded with labor unions or employee representatives under the Chinese Labor Contract Law, which would effectively address employers’ arbitrariness. Ultimately, these changes would produce a better balance between employees’ right to privacy in terms of their personal information and employers’ need to subordinate and control employees.

Equity illusions

Abstract Although equity-compensation grants for rank-and-file employees are common in startups and are considered an ingrained part of their business culture, little is known about how employees approach this form of compensation. We begin filling this gap by examining employees’ financial literacy regarding equity compensation and their willingness to forgo cash compensation for startup equity. Using a survey and a combination of natural language processing and machine learning techniques with conventional regression modeling, we find that employees commonly respond to economically irrelevant signals and misinterpret other important signals. The findings suggest that employees harbor a range of “market illusions” regarding startup equity that can lead to inefficiencies in the labor market, which sophisticated employers can legally exploit. The results raise questions about the protection of employees in their investor capacity in a market where highly sophisticated repeat players, such as venture capital investors, interact with unorganized and uninformed retail investors.

Does employment protection legislation affect employment and unemployment?

The article analyses the impact of employment protection legislation (EPL) on labour market outcomes. Despite widespread reforms that have reduced employment protection, the evidence on the effects of such reforms is inconclusive. Using data from sixteen European countries over the period 1985–2019, we analyse the impact of EPL on the dynamics of employment, employees and unemployment rates. In contrast to existing studies, we analyse both the existence of a linear relationship between EPL and labour market outcomes and the existence of a non-linear relationship, as well as interaction effects between EPL and economic growth. Our results show that employment protection does not explain the changes in employment, employees and unemployment rates. Therefore, labour reforms that have reduced employment protection by reducing dismissal costs and facilitating the use of temporary contracts have not had the presumed positive effects on employment and unemployment rates.

Criminal and legal protection of servicemen and employees of the State Border Guard Service of Ukraine against illegal offenses committed in the line of their service activities

The legal grounds for the criminal and legal protection of servicemen and employees of the State Border Guard Service of Ukraine against illegal offences committed in the line of their service duties and the peculiarities of law enforcement activities in this area have been examined in the article. An analysis of the legislation norms on criminal responsibility, national judicial practice and decisions of the European Court of Human Rights regarding the protection of the border guards from illegal offences committed in the line of their official activities has been carried out. Much attention is drawn to the peculiarities of the legal status of servicemen and employees’ personnel of the State Border Guard Service of Ukraine, who at the same time should be recognized as employees of a law enforcement agency, that should be taken into account when qualifying criminal offenses related to illegal infringements against them. The concept of criminal legal protection of servicemen and employees of the State Border Guard Service of Ukraine has been formed. It has been determined that military personnel and employees of the State Border Guard Service of Ukraine are special victims of a number of criminal offenses committed in the line of their service activities against the authority of state power bodies, the established military service order, peace, human security and the international legal order. A classification of criminal offenses related to infringements against servicemen and employees of the State Border Guard Service of Ukraine has been carried out on the basis of a number of criteria. The norms of the General Part of the Criminal Code of Ukraine aimed at increasing the protection of servicemen and employees of law enforcement agencies have been determined. The obligation of the state to ensure proper legal regulation of service activities and a high level of officers’ law enforcement training has been argued.

ВИМОГИ РИНКУ ПРАЦІ: ТРАНСФОРМАЦІЙНІ БІЗНЕС-ПРАКТИКИ

The article considers the Fourth Future of Jobs 2023 report released at the World Economic Forum on changes in the global labor market caused by innovation and technological shifts; it is stated that there have been no such studies in Ukraine so far. The transformation of business practices in the labor market has been traced based on Forbes Ukraine research on the ranking of lead ing enterprises and Work.ua on wages in 2023 and the trends of its change in various fields and in the leading industries of production. The common (recognition of one’s own merits and proper appreciation of work by the employer, decent pay, protection and flexibility of employment) and distinctive features of these changes in the world and in Ukraine are clarified: donations and charitable contributions for the needs of the Armed Forces of Ukraine, rapprochement of society and business, entrepreneurial flexibility, ingenuity, cleverness, creativity, responsiveness, adaptability, autonomy, changing the status of television, creating new protective structures, giving preference to workers with “soft skills”. The expediency of introducing the term “transformational business practices” into modern scientific discourse is substantiated. It is suggested that the term “transformational business practices” should be understood as the results of developing new and changing creative business practices. The prospects of transformational business practices for the next five years are outlined: encouraging employers to change with the active participation of employees; the impact of the wage level on employment; employment protection and flexibility; balance between work and personal life; professional burnout; innovations and NBIC-initiatives as catalysts of labor market transformation; robotization of production; transition to a “green economy”; reduction of irrelevant jobs and creation of urgent jobs; the demand for certain professions; giving preference to employees with “hard skills”; diversity, equality and inclusion; training in production processes and their automation. According to the results of a study by the Work.ua company, it is indicated that the growth of the wages of young and qualified professionals was influenced by the practices of slowing inflation, the growth of the dollar exchange rate and the average nominal wage, the decrease in the level of unemployment and competition, the lack of qualified personnel and the demand for higher wages from the current employees. It is proposed to recognize the improvement of old and the development and implementation of new business practices as a priority direction for the development of the labor market.