Labor Law Research Articles

Protecting workers’ rights from arbitration in individual labor disputes: the gulf cooperation council countries as a model

ABSTRACT Arbitration in individual labor disputes is considered an important subject due to its impact on workers’ rights, the high costs of arbitration, and the fact that workers agree to it because of their weak negotiating position against employers. Despite this danger, Saudi labor law explicitly permits arbitration, while the laws of other Gulf countries remain silent. However, they stipulate the protection of workers’ rights through imperative rules and prohibit agreements that contravene these rules unless they are more beneficial to the worker. The research addresses the following questions: Did Saudi law undermine workers’ rights by allowing arbitration? Is arbitration permissible in other Gulf countries that have remained silent? Does the arbitration agreement constitute a waiver by the worker of their right to free litigation guaranteed by law? Does the arbitration agreement mean a violation of the legal protection of workers’ rights? Can workers insist on nullifying the arbitration clause after agreeing to it? The article concluded that arbitration is permissible after the employment contract ends, as the worker would have been freed from the employer’s authority. However, the arbitration clause in the employment contract itself should be considered by the court on a case-by-case basis according to the worker’s interest.

Resolving Workplace Disputes: Integrating Ilo Guidelines and Albanian Law for Achieving SDG’s on Decent Work Justice

Objectives: This article aims to analyze Albania’s workplace dispute resolution system, identify legal gaps, and propose improvements. It links the study to SDG 8 (Decent Work and Economic Growth), SDG 16 (Peace, Justice, and Strong Institutions), and SDG 10 (Reduced Inequalities), emphasizing fair labor practices. Theoretical Framework: The study draws from labor law principles and ILO guidelines, focusing on dispute resolution mechanisms. It connects these mechanisms with SDGs, particularly SDG 8 for decent work, SDG 16 for justice, and SDG 10 for reducing inequalities. Methodology: Using a quantitative research methodology, empirical data was collected through surveys distributed across various companies in Albania. The survey assesses the current state of dispute management, employee awareness of legal frameworks, and the implementation of laws related to workplace conflicts. Results and Discussion: Findings show gaps in legal enforcement and employee awareness regarding dispute resolution. The results highlight the need for systems that foster SDG 8, SDG 10, and SDG 16 through effective and inclusive legal practices. Research Implications: This research advocates for enhanced dispute resolution laws in Albania to meet the SDGs better. It highlights the need for a more robust and comprehensive legal framework for workplace dispute resolution in Albania. Originality/Value: The article offers unique insights into Albania’s legal framework for workplace disputes and provides recommendations for improvement. It underscores the value of aligning labor law reforms with the SDGs to achieve sustainable development.

Legal Protection of Foreign Workers (TKA) in Indonesia

The primary objective of this study is to investigate the legal safeguards in place for foreign workers in Indonesia, also known as TKA. The study employed a normative legal research methodology, incorporating statutory, case-based, and conceptual approaches. Judges base their decisions on Article 62 of Labor Law Number 13 of 2003, ensuring that their rulings abide by the law to promote legal certainty and justice. Labor protection is a form of recognition of the rights of workers/laborers as human beings who must be treated humanely. In a country based on law (rechstaat), the mandate for the laws and regulations to be applied correctly is that judges must side with justice (moral justice).

Child Labour and Human Rights: A Socio-Legal Study of Policy Gaps and Challenges in India

Despite the legal setup, child labour is one of the serious socio-legal problems and a severe violation of human rights in India for millions of children. It shows that this significant problem exists here, although well-established laws prohibited child labour several decades ago. This research investigates the socio-economic factors, mainly poverty, education access denial, social norms, and labour laws' non-compliance in developing child labour among the vulnerable populace. It analyzes the existing mechanisms of law through critical examination in the light of the Child Labour (Prohibition and Regulation) Act, 1986, amended in 2016, the Right to Education Act, 2009, and other international conventions ratified by India. Through a case study from different states, this research exposes the loopholes in enforcement and policy implementation regarding sectors like agriculture, mining, garment industry, and domestic labour. Findings indicate that the weaknesses in law enforcement, corruption, bureaucracy, and lack of interagency coordination exacerbate this issue, thereby leaving many children open to exploitation. A multi-pronged approach strengthening legal enforcement, enhancing rehabilitation programs, integrating technology to monitor child labour, and increasing public awareness would serve as a necessary condition for sustainable eradication. This study emphasizes that because of the non-governmental organizations, the Indian government, and international agencies working together, child rights have to be taken seriously.

Gig Regulation: A Future Guide for the Construction Industry

Technology has led to the advent of digitally enabled workforces like the gig workforce, but a number of issues confront this workforce. This study aims to identify the various issues facing the gig workforce as well as the regulatory measures and regulatory interactions proposed to guide stakeholders in addressing these challenges. This study is a review, with the methodology primarily based on secondary sources of data collection like journals and articles. This study reveals that the construction industry is not immune to the use of the gig workforce, as it often performs project-based construction work, jobs requiring highly specialized skills and commodity service jobs. This study also reveals that the gig workforce is confronted with primarily gig economy-induced platform-based challenges, such as the new nature of work, i.e., exploitative, precarious, and dangerous labour. Furthermore, this study also reveals that these issues can be addressed primarily through regulatory means and regulatory interactions between proposed regulatory measures and existing labour laws, which could be by Coordination, Competition, etc. This aligns with SDG 8, i.e., Decent Work and Economic Growth, as concerns issues related to their benefits, and SDG 10, i.e., Reduced Inequalities, as concerns issues related to their employment relations. The implication of this study for construction stakeholders relates to the development of new regulations and providing a valuable tool for analysing regulatory landscapes and understanding the dynamics of regulatory change, which contributes to scholarly discussions on fair labour practices and the protection of gig workers and helps inform policymaking that will help attract, motivate, retain, and engage more gig workers in the construction industry, which will foster proper workforce management.

When Rentier Patronage Breaks Down: The Politics of Citizen Outsiders on Gulf Oil States’ Labour Markets

Abstract In oil-rich Gulf monarchies, fiscal constraints and demographic growth are leading to the exclusion of young citizens from the established social contract as government jobs—the dominant channel of patronage in the region—are becoming unavailable to them. We show that such outsider citizens constitute a new, politically consequential social class that is exposed to a much less attractive private labour market where they compete with low-cost migrant workers. The dualization of labour markets for citizens provides a new lens for understanding regional political unrest since the late 2000s and new group interests emerging around labour and migration policy, in which labour organizations representing outsiders have started to display solidarity with migrant workers. The new insider–outsider cleavages require a revision of rentier state theory’s claims about (the absence of) class formation and the role of inequality in rentier politics. They help us expand and refine Eurocentric theories of labour market dualism.

Ethical and Legal Implications of Healthcare Worker Shortages

The chronic shortage of healthcare workers presents significant ethical and legal challenges, particularly regarding the quality of patient care and safety. This paper explores the implications of healthcare worker shortages, focusing on their impact on labor cost, compromised patient care, increased medical errors, and rising malpractice claims. Healthcare institutions face legal risks when they fail to meet mandated staffing ratios, which can result in penalties, fines, and lawsuits. Furthermore, overworked staff, often subject to extended hours and excessive workloads, raise concerns about labor law violations, including non-compliance with mandatory rest periods and fair overtime compensation. The increased reliance on contract workers to fill staffing gaps also introduces legal challenges related to contract disputes, working conditions, and patient safety. Addressing these shortages is critical to preventing further harm to patients and mitigating legal liabilities for healthcare systems. This paper proposes a set of solutions, including legal mandates for minimum staffing ratios in critical care areas and incentives for recruitment and retention in underserved regions. These measures aim to reduce turnover, protect patient safety, and minimize legal risks. A holistic approach to workforce planning and policy reform is necessary to sustain safe staffing levels and ensure ethical standards of care are maintained across the healthcare system. Ultimately, addressing healthcare worker shortages is both a legal requirement and an ethical imperative to safeguard the future of patient care and the well-being of healthcare professionals.

Seguir adelante: A qualitative exploration of Latino farmworkers' work and nonwork resources.

Latino immigrant workers have been an exploited community within many dangerous workforces, but especially within the agricultural industry. They are a crucial population for the labor and economy of the U.S., yet Latino farmworkers report feeling expendable, discriminated against, and exposed to hazardous working conditions. Due to these experiences, it is essential to explore the resources that farmworkers find valuable in improving their working conditions. This study draws upon qualitative interviews conducted with 41 Latino farmworkers in Oregon. Themes pertaining to work and nonwork resources were uncovered through thematic analysis, illustrating that farmworkers receive support from their proximal communities and feel empowered by them, but lack support from their distal communities and need basic work necessities, fair wages, supportive supervisors, legislative labor protection, and a pathway to citizenship. Findings make clear that employers and elected officials must do more to advocate for Latino immigrant farmworkers and provide resources to protect their well-being. We demonstrate the need for future research related to changes in farmworkers' resources over time, their reporting of workplace violations, the impact of labor legislation on their health, and how information sharing or unionization occurs among farmworkers.

Analysis of Factors Affecting the Use of PPE (Personal Protective Equipment) in Nurses on the Prevention of Nosocomial Infections at Bina Kasih Hospital Medan

One of the efforts to provide labor protection for Occupational Safety and Health (K3) in hospitals is by providing Personal Protective Equipment. The purpose of this study is to analyze the factors that affect the use of PPE in Nurses in Bina Kasih Hospital Medan. This type of research includes quantitative research with a cross sectional approach. The population in this study was 152 nurses with a sample of 60 people based on the results of sample calculation using the Slovin formula. Data collection in the study used questionnaires and processed into SPSS with univariate, bivariate and multivariate analysis. The results of the study with the chi square statistical test found that the variables of age, working period, knowledge, attitude, availability of PPE, supervision and social support were related to the p<sig value of α (0.05). Based on the results of the multivariate analysis, it is known that the most dominant variable influences, namely, the attitude variable (p=0.003, Exp(B) 14.931), namely attitude has an influence of 14.9 times on the use of PPE, the working period (p=0.004, Exp(B) 13.169), namely the working period has an influence of 13 times on the use of PPE, and social support (p=0.012 Exp(B) 8.592), namely social support has an influence of 8.5 times on the use of PPE. It can be concluded that the variables of working period, attitude and social support are the factors that most affect nurses in using PPE. It is recommended to Ananda Bekasi Hospital, especially to nurses, to always improve the performance of nursing care provided to patients by paying attention to the completeness of PPE in accordance with the SOPs that have been set by the work agency.

Peran DISDUKCAPIL dalam Pengawasan Penyelenggaraan Administrasi Kependudukan bagi Orang Asing

Along with the arrival of foreign colors from various countries to the city of Surabaya, causing smuggling. In population documents about Certificate of Residence (SKTT) of Foreigners is very necessary now to know that it is legal or illegal if you want to live in Surabaya. So the purpose of this research is to find out the supervision of the implementation of SKTT Foreigners who come and will settle in the city of Surabaya, so that there is no smuggling or illegal activities. Descriptive qualitative approach with the intention of providing a comprehensive picture with data collection techniques of observation, interviews, and documentation. Getting new findings, namely on the role of the Population and Civil Registration Office in Supervising the Implementation of SKTT Foreigners in Surabaya City from the three sub-focuses in terms of setting work standards, there are still obstacles in delivering information so that there was unclear information. However, the measurement of work results and corrective actions are optimal enough to provide services and preventive efforts so that nothing untoward happens in the future.

Approaching or avoiding? Gender asymmetry in reactions to prior job search outcomes by gig workers in female- versus male-typed job domains

Abstract Despite recent increases in females entering male-typed job domains, women are more likely to exit these jobs than men, leading to a “leaky-pipeline” phenomenon and contributing to continued occupational gender segregation. Extant work has demonstrated that women are less likely to reapply to employers who previously rejected them for jobs in male-typed job domains. However, these studies leave unexamined whether women will reapply to other employers in those job domains and, if so, whether this pattern differs in female-typed job domains, hampering our confidence in the contribution of these patterns to gender segregation. This paper investigates whether employer rejection dampens women’s job-seeking persistence more than men’s for all employers and across male versus female job domains. Regression analyses of more than 700,000 applications for over 200,000 job postings by roughly 70,000 freelancers in an online contract labor market demonstrate that women are more likely than men to reduce job-seeking activity from all employers following rejections in the male-typed IT and programming job domain. Women are also more likely than men to seek jobs in other domains outside IT and programming following job-seeking rejection. By contrast, female freelancers in female-typed writing and translation jobs do not exhibit similar gendered behavior patterns. Implications for research on gender segregation, careers, and hiring are discussed.

Artificial intelligence, recessionary pressures and population health.

Economic and labour policies have a considerable influence on health and well-being through direct financial impacts, and by shaping social and physical environments. Strong economies are important for public health investment and employment, yet the rapid rise of generative artificial intelligence (AI) has the potential to reshape economies, presenting challenges beyond mere temporary market disruption. Generative AI can perform non-routine cognitive tasks, previously unattainable though traditional automation, creating new efficiencies. While this technology offers opportunities for innovation and productivity, its labour-displacing potential raises serious concerns about economic stability and social equity, both of which are critical to health. Job displacement driven by generative AI could worsen income inequality, shrink middle-class opportunities and reduce consumer demand, triggering recessionary pressures. In this article, we propose the existence of an AI-capital-to-labour ratio threshold beyond which a self-reinforcing cycle of recessionary pressures may emerge, and which market forces alone cannot correct. Traditional responses to such pressures, like fiscal stimulus or monetary easing, may be ineffective in addressing structural disruptions to labour markets caused by generative AI. We call for a proactive global response to harness the benefits of generative AI while mitigating risks. This response should focus on reorienting economic systems towards collective well-being, as emphasized in the World Health Assembly resolution Economics of health for all and the United Nations' Global Digital Compact. Integrated strategies that combine fiscal policy, regulation and social policies are critical to ensuring generative AI advances societal health and equity while avoiding harm from excessive job displacement.

The Problem of Selective Interpretation in Exegetical Works and Methodological Standards to Limit It

This study is concerned with examining the issue of selectivity and its serious effects on interpretive corpora. The authors of these corpora sought, through its application, to achieve certain goals that are characterized by bias and a departure from objectivity. Those who adopt the selective approach tend to choose and select evidence based on prior considerations set by the interpreter to align with their sectarian, doctrinal, or political objectives. This means that the practitioner of the selective approach views the Quranic verses and the surrounding contexts with a one-sided perspective, which leads to a deviation from the intended purpose of the Quranic verses, with their primary concern being to support their own opinion without regard for the divine intent.

The Company's Responsibility Regarding Unilated Termination That Impact On Workers' Rights Is Reviewed From Law No. 6 of 2023 Concerning Job Creation

Layoffs refer to the termination of the employment relationship between employers and workers, which can occur for various reasons. When an employment contract ends due to the expiration of the agreed-upon term, it typically does not cause problems for either party, as both are aware of the end date and can prepare for the change. However, layoffs resulting from disruptions or unforeseen circumstances have a significant impact on both parties, especially workers, who often hold a weaker economic position compared to employers. A key element of legal protection against unilateral layoffs is the presence of an effective conflict resolution mechanism. This study aims to examine the responsibility of companies in unilaterally terminating employees, focusing on their obligation to provide workers' rights and the implementation of these provisions under Law No. 6 of 2023. The research utilizes a normative legal approach with a focus on statutory regulations. Legal sources include the Employment Law as primary material, scientific literature and books as secondary sources, and dictionaries as tertiary materials. Data analysis was conducted qualitatively, drawing on theoretical studies involving legal principles, concepts, and rules.

The dynamic relationship between labor markets and competition: a Brazilian perspective

This work delves into the intricate relationship between labor law and competition in Brazil. Despite their seemingly distinct nature, these two principles are deeply intertwined within the country’s constitutional and economic framework. This article highlights the potential for creating meaningful connections between the two fields. Through an exploratory and analytical methodology, the authors provide a comprehensive view, drawing primarily from practical cases faced by the competition authority (Administrative Council for Economic Defense), to ignite a robust discourse on this topic. This article addresses possible anti-competitive conduct, particularly the unauthorized exchange of sensitive information regarding work terms and conditions, constitutional provisions, and CADE’s approach to recent cases. Besides, preventive, punitive measures and competition advocacy can be effectively implemented in Brazil, advocating enhanced collaboration between these two pivotal areas.

In search of legal barriers to Roma’s right to education

The department of law at University of Gothenburg has for a number of years worked in tandem with local non-profit organizations (focusing on such things as social work, minority rights, asylum rights, and labor law.) Collaboration has, for example, been implemented within law school clinics where students receive valuable experience and non-profit organizations benefit from the legal support provided by law students. In addition, a group of researchers at the department has explored the possibilities of mutually beneficial collaborations with civil society non-profit organizations. This paper explores the possibilities of research within the triad of students, researchers, and non-profit organizations, based on the experience of working with a Roma women’s organization, Trajosko Drom, in Gothenburg, Sweden. The paper argues that Martin Buber’s distinction between “I-Thou” and “I-It” (Buber 1958) may be fruitful when assessing the reciprocal dimension of such a collaboration and may mitigate the risk of what Miranda Fricker describes as “epistemic injustice” (Fricker 2007). The concrete context of this paper concerns barriers to education for Roma minorities in Sweden. These barriers are visible in materials well established within legal scholarship. However, without the benefit of a minority perspective, there is a risk of not noticing them. The paper’s main argument is that a collaboration with a local NGO that creates possibilities for the genuine and ontologically constitutive I-Thou relationships reduces the risk of marginalizing and silencing of voices within legal scholarship. However, in order to create possibilities for I-Thou, there is a need, first, of a mutual beneficial I-It relationship. Research collaborations with local NGO’s set up in this manner reduce the risk of epistemic injustice.

Эстетика и основы планировки рабочих мест на автотранспортных предприятиях

The article examines important aspects of workplace planning at motor transport enterprises. They are capable of ensuring the creation of the most favorable physiological, hygienic and aesthetic working conditions that contribute to increasing human performance and maintaining health, and ensure the performance of tasks with the least physical and mental labor costs. Keywords: WORKPLACE LAYOUT, MOTOR TRANSPORT COMPANY, AESTHETICS, WORKPLACE, SAFETY, LABOR PRODUCTIVITY, LABOR PROTECTION, WORKING POSTURE, WORKER

The Role of Labor Law in Settling Industrial Relations Disputes: A Normative Juridical Perspective on the Rights of Workers and the Obligations of Employers in Indonesia

The Role of Labor Law in Settling Industrial Relations Disputes: A Normative Juridical Perspective on the Rights of Workers and the Obligations of Employers in Indonesia

An Analysis of Women's Rights Under Indian Labour Law

An Analysis of Women's Rights Under Indian Labour Law

The Hiring and Termination Procedures for Employees in Bangladesh Under the Labour Act of 2006 and the Role of the Courts

The Bangladesh Labour Act of 2006 is the primary legislation in Bangladesh that addresses issues related to employment. The main objective of the Act is to rectify previous disparities and create a favourable working environment for workers. The legislation sets out detailed regulations concerning job conditions and services. In practice, employers often hold significant powers, including the authority to hire, terminate and dismiss employees at their discretion for various reasons. However, the Labour Act and the Labour Court are tasked with ensuring fair treatment and upholding the principles of natural justice. Specifically, the Bangladesh Labour Act empowers the Labour Courts to intervene in cases of employee termination through the grievance procedure. This study thoroughly examines, with case references, the extent to which the courts apply principles of fairness and equity in job termination cases under the Bangladeshi Labour Act of 2006. The research concludes with insights into the recruitment and termination processes in Bangladesh, highlighting the need for amendments to the current labour legislation to ensure employment stability and economic support for the workforce.