Fundamental Rights Of Workers Research Articles

Analysis of the Role of the Kendal Regency Manpower and Industry Service in Protecting Workers' Wage Rights in Accordance with Kendal Regency Regulation Number 101 of 2021: A Qualitative Study

Kendal is located on a strategic route between Semarang and Surabaya, the two largest metropolitan cities in Central Java. Kendal has a large working age population and is relatively cheap compared to other areas in Central Java. The district minimum wage (UMK) in Kendal is low compared to other areas in Central Java. Disnakerind has an important role in enforcing regulations and protecting workers' rights. This research aims to analyze the role of the Kendal Regency Manpower and Industry Service (Disnakerind) in protecting workers' wage rights in accordance with Kendal Regency Regulation Number 101 of 2021. This research is important to carry out because wages are a fundamental right of workers which is protected by regional laws and regulations. This research uses a qualitative method with a case study approach. Data collection techniques were carried out through in-depth interviews with key informants at the Kendal Regency Manpower and Industry Office, workers and entrepreneurs in Kendal Regency. Data were analyzed using thematic analysis techniques. The research results show that the Kendal Regency Manpower Office has an important role in protecting workers' wage rights in accordance with Kendal Regency Regulation Number 101 of 2021. This role is carried out through various activities: Socialization of regulations: Kendal Regency Manpower Office carries out socialization of regulations regarding district minimum wages (UMK) and rights. other labor rights to workers and employers; Wage inspection: Kendal Regency Manpower and Industry Office carries out wage inspections in companies to ensure that employers pay wages to workers in accordance with the UMK and other laws and regulations; Handling complaints: Kendal Regency Manpower and Industry Office receives and handles complaints from workers who feel their wage rights have been violated by employers; Worker empowerment: Kendal Regency Manpower and Industry Office provides training and assistance to workers about their rights, including wage rights. In conclusion, the Kendal Regency Manpower Office has an important role in protecting workers' wage rights in accordance with Kendal Regency Regulation Number 101 of 2021. However, there are still several challenges that the Kendal Regency Manpower Office needs to overcome so that it can carry out its role optimally.

Blocked by Neoliberalism: A Glance at the Workers Movement’s Role in Achieving a Just Transition

An effort to protect workers throughout an economic transition to a sustainable economy gave rise to the concept of a just transition. This is because the transition will have an effect on the employment in which workers are engaged. Based on this concept, this study examines Indonesia’s worker response to a just transition. Non-doctrinal research was used to conduct the study. This study shows that the question of a just transition is not now at the forefront of the workers movement in Indonesia. Neoliberalization of Indonesian labour law, nollen vollens, encourages the workers movement to continue concentrating on economic concerns, particularly those involving the fundamental rights of workers. Under these circumstances, Indonesia runs the risk of failing to accomplish a just transition, which would put workers in a ‘dark world’ while the economy moves towards a green economy.

Facial recognition software as an instrument for controlling the working day: the impact of technology on the fundamental rights of workers

El registro de jornada es un derecho a favor de las personas trabajadoras, como manifestación directa de la limitación de la jornada de trabajo y, por ende, de la protección de su derecho a la seguridad y salud en el trabajo. Pero, también constituye una obligación impuesta a la empresa de controlar el limite de la jornada diaria de la totalidad de su plantilla En este punto es donde surge la controversia que aquí nos ocupa, la utilización de un medio de control de jornada diaria digital y, más concretamente, un dispositivo de carácter biométrico. Por lo tanto, se plantea un serio debate jurídico de interpretación de la normativa laboral, ex art. 34.9 ET, y la normativa específica en materia de protección de datos, el RGPD. Ello nos lleva a analizar y evaluar un justo equilibrio a la hora de determinar qué tipo de sistema de control de jornada digital no vulnera los derechos y libertades fundamentales de las personas trabajadoras.

The European Union's forced labour regulation: Putting the ‘brussels effect’ to work for international labour standards

In September 2022, the Commission adopted a proposal for a Regulation on prohibiting products made with forced labour on the Union market. This arises in a context of rising concern over many years about breaches of workers’ fundamental rights and core standards of the International Labour Organization in supply chains of products that are marketed in Europe, particularly where multinational corporations have offshored production to states without the high labour standards enforced in the EU. There has also long been widespread concern, particularly from trade unions, that such offshoring enables manufacturers to undercut labour protections of European workers. Furthermore, the offshoring of manufacturing has enabled certain third countries to develop their industrial and technological capacities in ways that create geostrategic risks for the EU and its Member States, as these third countries become ‘systemic rivals’ of the Union. First, this article argues that the proposed Regulation fits with Anu Bradford's theory of the ‘Brussels Effect’ exposited in her 2019 book of that name, and that the Union should take advantage of Bradford's insights in developing the Regulation and future legal instruments. Bradford established the Brussels Effect as an empirical reality; this article makes a normative case that, in this instance, the EU institutions should actively embrace it as a means to advance its goals. The proposed Regulation is an example of the Union leveraging market power to accomplish normative goals, by exporting its values to third countries. This offers room for the EU to be a force for good in the world, answering some of the qualms raised in Bradford's work about the potential ‘imperialism’ of the Brussels Effect. The present article argues the Union should go further, try to ‘externalise’ more of the social acquis in the field of labour law, leveraging its international market power to both improve labour standards around the globe. This article challenges Bradford's original contention that the Brussels Effect does not apply to labour standards, arguing instead that it is possible, and normatively desirable, for the Union to follow this Regulation with a broader suite of measures aimed at globalising European labour standards, with benefits for both third-country nationals and citizens of the Union. Second, the article links the proposed Regulation to concern about the geostrategic vulnerability of Member States and the Union as a whole, where essential products are manufactured in third countries. This became apparent during the Covid-19 pandemic, with many critical supplies predominantly manufactured outside the Union. The ‘strategic autonomy’ agenda of the EU implies re-shoring of important industry, which is more easily accomplished where EU regulation lessens the ability of third countries to undercut the EU with low labour standards. This will have long-term economic benefits for the Union and its citizens, as well as depressing the potential for systemic rivals to the Union to develop their industrial and technological capacities at the expense of the Union and its Member States, and deprive governments that disregard fundamental rights of workers of revenues from investment, manufacturing and exports to the Union.

Union A union legal assistance: a fundamental right of enforcement of access to justice

This article intends to analyze the union legal assistance institute as an effective tool for the concrete access to justice. To develop it, we carried out a critical analysis of the available literature and the study of the pertinent constitutional and legislative provisions. The importance of the study lies in the pressing need to implement means that can guarantee real access to justice, especially for the low-income. The main conclusion of the work is that union assistance has an essential role in the context of a Democratic Rule of Law, as a guaranteeing mechanism of material equality and other fundamental rights of workers.

Przymusowe szczepienie a podstawowe prawa człowieka w świecie pracy

During the COVID-19 epidemiological emergency, several countries adopted regulations which have affected the world of work. The impact of these measures on workers and other employees has been the subject of numerous studies. Among the legislation, there are some that apply to specific occupational groups, such as healthcare workers, and others that apply more generally to a broad section of society. What they have in common is that they restrict the fundamental rights of workers to an extent that justifies a thorough human rights and constitutional rights analysis. The aim of this paper is to analyse the issue of compulsory vaccination by focusing primarily on the case law of the European Court of Human Rights and attempt to interpret it in relation to the domestic regulation of the COVID-19 pandemic. The second part of the paper is a case study based on the Hungarian legislation, which was adopted recently.

THE EXPANSION ON THE SCOPE OF EMPLOYMENT CRIMES THE LEGAL PROTECTION OF WORKERS IN INDONESIA

The protection of the basic rights of workers provided in Law No. 13 of 2003 on Employment in Indonesia, if violated shall be punished with the appropriate criminal sanctions and justice. Problematically, there are only rare cases of employment crimes that have been handled by law of enforcement, let alone reach up to the level of criminal courts. Many cases of employment crimes are not investigated by the Department of Manpower for various reasons. Reports of employment crimes are rejected by the police, as well as by various matters not stipulated in Law No. 13 of 2003 on Employment. This hinders the enforcement of workers' protection laws in Indonesia, as envisaged by Law No. 13 of 2003 on Employment. Employment laws (arbeids-recht) in essence, whether viewed both historically or theologically, is to protect the fundamental rights of workers, therefore the factors inhibiting law enforcement of employment crimes must be minimized or even eliminated so that the values of protecting the basic rights of workers are not sacrificed by such inhibitory factors. This paper aims to study the role of law enforcement for workers where the condition is that the position of the employer is stronger in a labor law case that occurs and involves all stakeholders ranging from workers, employers, and law enforcement agencies.

Access to Justice in Labour Cases in Hungary during the Covid-19 Pandemic

Access to justice is a fundamental right of workers stipulated in a set of international, EU and national instruments of law. The lockdowns induced by the Covid-19 pandemic have had double negative impact on the effective enforcement of this right. While pandemic-related lockdowns resulted in an increasing number of labour disputes and dismissals as well as generated novel and difficult questions of labour law, accessibility of legal remedies in Hungary became limited through the (temporary) restrictions concerning the functioning of the judiciary. In parallel, emergency-related amendments of labour law have, on the one hand, supported the survival of undertakings, on the other hand, restricted individual and collective rights of workers. This paper is designed to give a comprehensive view on the endeavours of Hungarian labour courts to guarantee the possibly uninterrupted and safe maintenance of litigation in labour cases.

The Centre–Periphery Antagonism in Adjudication: A Case Study on the Spatial Dimension of the Political

One of the key elements of the critical theory of adjudication is the identification of an objective antagonism that is at stake behind a given court case. The identification of the antagonism allows to develop an axis, along which interpretive possibilities can be spread and arranged from those most favourable to social group A (e.g. workers) to that most favourable to social group B (e.g. businesses). The paper discusses the famous Laval–Viking case-law which was concerned with the fundamental rights of workers (right to strike and undertake collective action) and their relation to the economic freedoms of businesses, seeking to escape the high standards of worker protection in their own country either by changing the flag of a ship to a flag of convenience (Viking) or by importing cheap labour force from abroad, without guaranteeing the workers equal rights (Laval). Whereas the vast majority of scholars have interpreted the Viking–Laval jurisprudence as relating to the fundamental socio-economic antagonism opposing workers and businesses, the Slovenian scholar Damjan Kukovec has proposed an alternative reading. According to him, the real antagonism is ultimately between workers from the periphery (Central Europe, in casu Baltic countries) and workers from the centre (Western Europe, in casu Scandinavian countries). By introducing the spatial dimension to the political, Kukovec entirely changes the formulation of the underlying antagonism. The paper engages critically with Kukovec’s analysis and argues that the objective interest of Central European workers lies not in selling their labour at dumping prices, but gaining the same guarantees of social protection as existing in the West.

Reconfiguración de los derechos fundamentales de los trabajadores frente al uso de la inteligencia artificial

El uso de la tecnología avanza con paso firme y avasallador sobre las formas de trabajo que tradicionalmente se han utilizado. Con el uso de la inteligencia artificial en la mano de obra, fuentes laborales importantes se ven amenazadas y aunque se resisten al cambio, se avizora un panorama nada alentador porque la tecnología va modificando los medios de producción y desvalorizando a la persona como eje fundamental de un proceso en el cual jugaba un rol preponderante. Esta disrupción ocasiona la deshumanización de la mano de obra y, por ende, atenta contra los derechos fundamentales de los trabajadores. Para mitigar los efectos que este fenómeno está ocasionando, se requiere una reconfiguración normativa sobre los derechos laborales que propicie la convivencia entre personas y robots, pero conservando la primacía de lo humano sobre lo artificial.

PERLINDUNGAN BERHUBUNG HAK PEKERJA UNTUK BERKESATUAN SEKERJA DI MALAYSIA

The right to form a trade union constitutes a fundamental right of workers. Employers need to respect and support the worker's enjoyment as to freedom of establishing and joining a trade union and involving in lawful trade union activities. This article adopts doctrinal research methodology which is mainly library research and focuses on the freedom of workers, in particular, the right to trade unionism and the right to participate in the activities thereon in Malaysia. Ancillary to be the same, the discussion will also dwell on the restrictions or prohibitions that are imposed on employers with regard to the members’ participation in the trade union activities. This article further proffers for the recognition of workers’ right to form a trade union without any interference from the employers in order to attain an industrial relationship that is more harmonious, productive, and without acrimonious.

LA DOBLE FACETA DE LA LIBERTAD DE TRABAJO Y SU PROTECCIÓN EN LA CONSTITUCIÓN CHILENA

Tras el advenimiento del derecho del trabajo, en el siglo XX el nuevo constitucionalismo permite una e cacia plena de los derechos fundamentales en la empresa. En dicho contexto, mediante una misma disposición como es el artículo 19 número 16, se puede gra car el cruce en nuestra Constitución Política de los derechos fundamentales de tra- bajadores y empleadores.

The Linkage Between Labour Standards and International Trade: How to Offset the Global Inequality?1

AbstractFrom a historical point of view, the linkage between core labour standards and global trade has been recurrent for 200 years. Supporters of such a correlation argue that countries that do not respect the International Labour Organization (ILO) core labour standards gain competitive advantage that can result in a ‘race to the bottom’ phenomenon. Critics claim that protectionism and false humanitarianism is hidden behind this concept. Despite a long debate on this subject, there is still significant divergence in power between developed and developing countries. A response to the plight of many workers is still needed. Thus, the author will focus on some attempts to resolve existing problems, mainly: whether labour standards should be left to the ILO, included in the World Trade Organization (WTO) agenda or both forces should be combined; whether the inclusion of a social clause in trade agreements could improve the situation of workers; whether the imposition of trade sanctions on countries that do not adhere to the core labour standards could ensure the extension of fundamental rights of workers on their citizens. The author will also comment on the concept of a global labour and trade framework agreement (GLTFA), that is, the proposal based on international framework agreements and ILO tripartite system.

Responsabilidad solidaria derivada de las relaciones laborales triangulares en Nicaragua

El presente trabajo describe el contexto jurídico de las relaciones laborales triangulares y la responsabilidad solidaria que de ellas se derivan, con el propósito de identificar posibles recomendaciones tendientes a mejorar el sistema de responsabilidad ya fijado en el derecho doméstico, en aras de contar con un sistema jurídico que brinde seguridad a los sujetos que conforman la relación laboral, y sea garante de los derechos fundamentales de los trabajadores.
 Se dedica un apartado a la responsabilidad derivada de las obligaciones en general de acuerdo a las disposiciones contenidas en nuestro derecho común como fuente del derecho laboral. De igual manera, se exponen y analizan las distintas posiciones doctrinales que fundamentan la existencia de responsabilidad solidaria o subsidiaria en las relaciones laborales triangulares, y seguidamente el tratamiento jurídico dado por las legislaciones peruana y chilena a la responsabilidad solidaria derivada de este tipo de relaciones.
 Se realizó una identificación del marco jurídico de esta clase de relaciones laborales en el ordenamiento jurídico nicaragüense, haciendo énfasis en los tipos de relaciones laborales triangulares reconocidas por nuestra legislación y cómo se determina la responsabilidad en este tipo de relaciones para identificar debilidades y limitaciones presentes en nuestro régimen de responsabilidad, y en base a ello proponer los elementos básicos de deba contener un régimen de responsabilidad aplicable a las relaciones laborales triangulares que brinde seguridad y garantía jurídica a los sujetos involucrados en ellas.

Employees who do not know their labour contract term and the implications for working conditions: Evidence from Japanese and Spanish microdata

In this paper, we analyse the relationship between employees who do not know the length of their labour contract (hereafter, DNK employees) and working conditions. In developed countries, labour standards regulations generally require employers to provide a labour contract with a clearly defined duration to protect the fundamental rights of workers. However, the data reveal that in the developed countries on which we focus, Japan and Spain, non-negligible proportions of employees, 8% and 11%, respectively, do not know the duration of their labour contracts. Utilizing 2012 data from the Employment Status Survey for Japan and the Economically Active Population Survey for Spain, we find that whether workers are ignorant of their contract term commonly depends on their human capital level. Women, single people, younger and older workers and less-educated workers are more likely not to know their labour contract duration. Compared with other employees, DNK employees are more dissatisfied with their current job, more likely to search for other jobs and less likely to seek more work in their current jobs. We find that DNK employees suffer from a wage penalty for non-standard status and have less access to job training, as occurs in Japan, and that specific attributes, such as immigrant status, tend to be closely related to DNK status, as occurs in Spain. Overall, DNK employment is related to poor working conditions, which indicates the importance of educating workers about labour laws to maintain the welfare of disadvantaged workers.

Formalization of the Informal Economy: Perspectives of Capital and Labour

Informality takes various forms in countries and new forms over time. Hence, there can be no “one size fits all policy” to regulate or improve the conditions of informal workers. Governments tend to regulate to its advantage, for example to gain revenue through taxes. We call this the capital view of formalization. Workers need to benefit from moving from informal to formal arrangements. The labour view of formalization is that the fundamental right of workers and entrepreneurs must be recognized. In this paper, I discuss the journey of the concept of informality in the labour market in developing and developed countries. The debate on formalizing the informal economy can be seen from the lens of capital or the lens of labour. We argue that the capital view is only normalizing the enterprises, while the labour view is actually formalizing, with inclusion of workers in formal systems. The Indian debate on formalization to overcome the formal/informal divide has mainly taken the capital view.

Granice prava na rad u kontekstu presude Suda pravde Evropske unije u predmetu Fries v Lufthansa CityLine GmbH

The present paper examines two main recent issues of the social policy of the European Union (EU). The legal basis of the analysis includes some of the most significant areas of labour law and social law in the European Union. The Court of Justice of the European Union (CJEU) recently has decided some cases regarding the fundamental rights of workers based on the Charter of Fundamental Rights of the European Union and these judgments can mostly raise several concerns related to the interpretation of these rights. It is important that the CJEU has such judgments and it is of high importance that fundamental social rights are considered in these cases. Although, the subject of this paper is the judgment C-190/16, the reasoning and conclusions on the following pages apply to not only this case but also in general regarding the right to work and the prohibition of age discrimination. The lawful or unlawful limitation of these fundamental rights are highlighted because nowadays they mean more than meets the eye, keeping in mind the labour market challenges in the European Union. Consequently, the CJEU has come to important conclusions that have to be interpreted in the context of the recent changes of the social policy of the EU. The paper contains a short outline of the national case and the judgment of the CJEU. The main part of the paper consists of a merit analysis with comments and criticism concerning the limitation to the two emphasised fundamental rights. Conclusions are also included highlighting the importance of the right to work and equal employment in the social and employment policy of the European Union focusing mainly on the freedom to choose an occupation.

LA PROBLEMÁTICA APLICACIÓN DEL TEST DE PROPORCIONALIDAD EN LA TUTELA LABORAL DE DERECHOS FUNDAMENTALES

The rules of the Labor Code that structure the legal procedure conceived to protect the fundamental rights of workers in their workplace (called “the tutela”) not only do not recognize any proportionality test but also hinder the applicability of fundamental rights understood as optimising principles, to the extent that the legal rules of such statute curtail and even prevent restorting to the optimising test, among other reasons, because of the protective goal of the tutela, since the protection of the fundamental rights of workers cannot rest on the “weight” of the right that appears to be at the other end of the scale. It is therefore essential that rights must be adjudicated as rules, which contradicts the proposal of most of the authors who promote the tutela in Chile.

The impact of new technologies in balancing private and family life with working time

The work-life balance is a fundamental issue for all the workers and it is linked to many others, such as quality of work, female participation in the labour market, gender equality and active ageing.Among the new challenges of contemporary society, a key role is played by the introduction in the workplaces of new digital and computer technologies, which may change working-time arrangement and, at the same time, guarantee more flexibility in working-time.On the one hand, this phenomenon can lead to a better management of working-time; nevertheless, on the other hand, it can determine an increase in working hours, since digital technologies and working-time flexibility are associate with a different evaluation of workers’ performance no more in reference to the working time, but on the basis of the results. It may result in an increase of the working time. Indeed, working hours’ flexibility does not always ascribe more freedom to the workers, but, as it is often the case, it can lead to an increase in working time, which encroach on private and family life.Technologies offer the possibility to “anytime-anyplace” jobs, but it can not result in a demand of working “always-everywhere”. The working times allowed by new technologies risks to result in new sweating practices: even though digital technologies provide easier way to shape working time patterns, actually it challenges the fundamental right of workers to have a day of rest. The distinction between working and non-working time becomes less and less visible and the border line between personal and professional life is more and more confused.In order to avoid these criticisms, it was theorized the “right to disconnect”, which is the last frontiers of right to privacy in the 21 st century.The “ghost of ubiquity” is appearing, since workers are requested to be connected always and everywhere.At the moment, the tendency is to request a broader participation of workers in the life of the enterprise. It leads to actual difficulties in distinguishing working time and personal and family life.It is essential an alternation between work connection and disconnection. It is a matter of wisely managing working time patterns and connection/disconnection times. In order to guarantee this aim, social partners through social dialogue can play an important role.It seems to be a possible way forward to reach a compromise between flexible working hours and the private life of workers.Another problematic aspect regards the introduction of information and communications technology (ITC) in workplaces.The potentiality of such new technologies is the basis of a new revolution concerning intelligent production systems and new way of working, called “sharing economy” or “collaborative economy”. Such new economies involve promises of a new great development, but also many challenges which require a protective intervention involving governments, enterprises, workers and individuals.It is not only a structural change, but also and above all a functional change, in the sense that the way of providing work is profoundly changing. It implies a new labour law conception, not only because of a substantial change of its protective capacity, but also because it involves a profound change of its scope and of the extent of its protection area; it also implies a profound reflexion about labour law rules at national, European and international level. In this sense, we can talk about a new labour law dimension.Work is a key factor in this transformation and in the digital revolution.We are used to talk about “work 4.0” and about the heterogeneous phenomenon of the sharing economy. In particular, the latter includes crowdwork, work on digital platform and work on-demand via apps. The great change of work does not involve only industry 4.0. Obviously, it does not exist a homogeneous and monolithic concept relating to this type of work, since methods and ways of working may change on the basis of the service required by the customer and in relation to the complexity and the quality of the work.If any active policy for women will not be taken, in the future women will miss best career opportunities, risking to get worse the already marker gender inequality.In the light of that, it is essential to adopt a holistic approach to cope with this situation and to encourage a greater female participation in the labour market, through real integration policy.Work 4.0 is an opportunity without precedent to reach the same participation of women in the labour market through focusing the attention on the gender equality issue within the digital labour market.

O Estado Democrático e o Direito Fundamental de Greve dos Docentes do Estado do Paraná: Um Estudo de Caso

O presente trabalho visa abordar o direito de greve como forma de autodefesa e direito fundamental do trabalhador, de modo a promover a democracia nos conflitos e necessidades sociais. Igualmente, busca-se realizar uma análise crítica acerca da greve no âmbito público e privado, voltando-se o olhar para a greve dos educadores no Estado do Paraná e a postura do governo estadual ante o exercício do direito de greve dos professores, como estudo de caso. Trata-se de pesquisa teórica, com análise de um caso concreto. O método utilizado é o indutivo, no qual, por meio da observação de questões particulares, extraem-se conclusões gerais. Espera-se verificar se houve ou não afronta ao Estado democrático de Direito e ao direito fundamental de greve, no tema, objeto do estudo.