Labor Law Research Articles

Implementing Policy and Practice Changes to Support Breastfeeding Duration in New York State Communities.

The health benefits of breastfeeding are well-documented, but rates of breastfeeding duration in the US fall below national targets - especially when mothers have less education, have lower incomes, are non-Hispanic Black, or live in nonmetropolitan areas. The Creating Breastfeeding Friendly Communities program was designed to promote breastfeeding and reduce disparities by implementing policy and practice changes in worksites from 2017 through 2023. The purpose of this evaluation was to determine whether the program was effective in increasing breastfeeding supports and addressing disparities. We used a 14-item tool to assess breastfeeding policies and practices at baseline and follow-up at each worksite. We used number of employees to determine worksite size, and we used worksite address to calculate social vulnerability of the community where each site was located and to classify rurality of the county where sites were located. We found significant improvements in the number and quality of breastfeeding supports available at participating worksites (N = 292 at baseline and follow-up). The program successfully reached worksites in socially vulnerable communities. Supports for breastfeeding increased in all worksite subgroups, but they increased less at worksites that were small or rural. The evaluation supports the effectiveness of worksite lactation programs and protective labor laws. Findings suggest that special attention must be given to worksites that are small, located in socially vulnerable communities, or rural counties, to support implementation and reduce disparities.

The role and legal significance of fixed-term labor contracts in the socio-economic conditions of modern Russia

An employment contract is not just a formal agreement on paper between an employer and an employee, but a document that establishes the specifics of employment. In Russian law, there are a number of well-known types of employment contracts (contracts), which differ in their nature and duration. The authors characterize the features and duration of employment contracts of certain types. The paper presents a comprehensive synthesis of the concept and polymorphism of labor contracts in the Russian Federation on the basis of current labor legislation and the practice of law enforcement.

PENGARUH REWARD DAN PUNISHMENT TERHADAP KINERJA KARYAWAN PADA PT POS INDONESIA (PERSERO) KOTA PADANG

This study aims to determine the effect of reward on employee performance and the effect of punishment on employee performance of PT. Pos Indonesia (Persero) Padang City. With rewards and punishments, it can help the management of human resources that have the potential to improve their performance within the company. This research consists of the theory of human resource management, and the theory of reward, punishment, and employee performance, as well as previous research, frameworks, and hypotheses. This study uses causal associative with a quantitative approach. The population of this study was 133 employees and the sample in this study was 52 employees based on the non-probability sampling technique using the Purposive Sampling Method. Data were collected by using a questionnaire that had been tested for validity and reliability. The data analysis technique used multiple linear regression. Based on the results of the research that the author has researched, it can be concluded that the hypothesis testing for reward and punishment variables on employee performance, based on the F test it was found that H3 was accepted = there was a positive and significant influence between reward and punishment on employee performance. Reward and punishment affect employee performance, this is based on the R2 value of the variation of reward and punishment can be explained by independent variables that can be influenced by other factors not examined in this study. Suggestions from the author to the leadership of PT. Pos Indonesia (Persero) Padang City, to manage the rewards that have been given so far to be adjusted to the standard of work that has been completed by employees, so that employees feel more concerned about their welfare by the company.

Reduction of occupational injuries as a way to solve the problem of the shortage of personnel to reduce risks in the energy industry

Energy security is a priority area of economic development and an important component of the state's national security. Among the internal threats to energy security, experts point to market defects, equipment degradation and backwardness of technologies, imperfect management, personnel problems, and others. One of the reasons for the shortage of qualified personnel is industrial injuries. In the work, a comparative analysis of data for the period from 2015 to 2023 was carried out regarding the level of industrial injuries in various sectors of the economy and the causes of accidents. The fact of a sharp increase in the total number of insurance accidents in 2021–2022 was established only in two sectors - the sphere of health care and the sphere of electricity and gas supply. In other sectors of the economy, the number of industrial injuries decreased compared to 2015. The largest number of accidents with fatal consequences in the energy industry is caused by electrocution of personnel during maintenance and repair of electrical installations. As the conducted studies have shown, in recent years the number of accidents has increased significantly not only due to man-made reasons, which was explained by the corona virus pandemic, but also due to organizational reasons. Among the organizational reasons, violations of labor discipline are in the first places – non-fulfilment of the requirements of labor protection instructions, non-fulfilment of job duties and violation of the technological process. Therefore, the development of proposals for the improvement of the labor protection management system and labor relations in the energy industry is an urgent task. There are proposed measures to reduce the level of injuries due to organizational reasons in stressful conditions of mass absenteeism of personnel due to illness or during hostilities.

Reduction of occupational injuries as a way to solve the problem of the shortage of personnel to reduce risks in the energy industry

Energy security is a priority area of economic development and an important component of the state's national security. Among the internal threats to energy security, experts point to market defects, equipment degradation and backwardness of technologies, imperfect management, personnel problems, and others. One of the reasons for the shortage of qualified personnel is industrial injuries. In the work, a comparative analysis of data for the period from 2015 to 2023 was carried out regarding the level of industrial injuries in various sectors of the economy and the causes of accidents. The fact of a sharp increase in the total number of insurance accidents in 2021–2022 was established only in two sectors - the sphere of health care and the sphere of electricity and gas supply. In other sectors of the economy, the number of industrial injuries decreased compared to 2015. The largest number of accidents with fatal consequences in the energy industry is caused by electrocution of personnel during maintenance and repair of electrical installations. As the conducted studies have shown, in recent years the number of accidents has increased significantly not only due to man-made reasons, which was explained by the corona virus pandemic, but also due to organizational reasons. Among the organizational reasons, violations of labor discipline are in the first places – non-fulfilment of the requirements of labor protection instructions, non-fulfilment of job duties and violation of the technological process. Therefore, the development of proposals for the improvement of the labor protection management system and labor relations in the energy industry is an urgent task. There are proposed measures to reduce the level of injuries due to organizational reasons in stressful conditions of mass absenteeism of personnel due to illness or during hostilities.

Labor welfare policy, practices, and deficiencies with the ILO: evidence from the garment industry of Bangladesh

ABSTRACT Labor welfare, aligned with the standards set by the International Labor Organization (ILO) and effectively practiced, plays a vital role in ensuring the optimal functioning and protection of the labor force within an industry. The garment supply chain is a significant contributor to the national economy in Bangladesh. However, labor welfare in this sector falls short of expectations due to inadequate access to facilities and benefits such as transportation, recreation, housing, and education. As such, it is of interest to see whether the labor welfare policies in Bangladesh’s garment factories align with ILO guidelines, how these policies impact workers’ overall well-being, and the extent to which the garment industry adheres to the prescribed labor welfare standards in the country. Using a mixed-method research design, the study reveals that nine welfare factors significantly correlate with worker well-being. Nevertheless, the study underscores the disparity between current labor welfare policies under labor law and those recommended by the ILO, revealing substandard labor welfare provisions and practices. The study’s outcomes can guide policymakers, business leaders, and stakeholders in enhancing labor welfare practices, ultimately aiming to improve worker well-being and work efficiency.

Labor welfare policy, practices, and deficiencies with the ILO: evidence from the garment industry of Bangladesh

ABSTRACT Labor welfare, aligned with the standards set by the International Labor Organization (ILO) and effectively practiced, plays a vital role in ensuring the optimal functioning and protection of the labor force within an industry. The garment supply chain is a significant contributor to the national economy in Bangladesh. However, labor welfare in this sector falls short of expectations due to inadequate access to facilities and benefits such as transportation, recreation, housing, and education. As such, it is of interest to see whether the labor welfare policies in Bangladesh’s garment factories align with ILO guidelines, how these policies impact workers’ overall well-being, and the extent to which the garment industry adheres to the prescribed labor welfare standards in the country. Using a mixed-method research design, the study reveals that nine welfare factors significantly correlate with worker well-being. Nevertheless, the study underscores the disparity between current labor welfare policies under labor law and those recommended by the ILO, revealing substandard labor welfare provisions and practices. The study’s outcomes can guide policymakers, business leaders, and stakeholders in enhancing labor welfare practices, ultimately aiming to improve worker well-being and work efficiency.

How does working time impact perceived mental disorders? New insights into the U-shaped relationship

Based on a large-scale nationally representative survey in China, this paper uses the exogenous impact of automation on working hours as the instrumental variable to examine working time’s impact on perceived mental disorders, on the basis of dealing with endogeneity. Different from existing literature, it is found that the impact of working time on perceived mental disorders is U-shaped, rather than linear. Mental disorders firstly decrease with working hours. After working more than 48.688 h per week, further increases in working time carry notable mental health costs, leading to a positive relationship between working hours and depression. The turning point of this U-shaped relationship is almost in line with the International Labor Organization’s 48 working hours/week standard, justifying it from a mental health perspective. In addition, we further exclude the possibility of more complex nonlinear relationships between working time and perceived mental disorders. Furthermore, heterogeneities are found in the effects of working hours on mental disorders across different subgroups. Males are more depressed when working overtime. Older workers have a lower tolerance for overwork stress. The turning point is smaller for the highly educated group and they are more sensitive to working longer. Those with higher socioeconomic status are less depressed after exceeding the optimal hours of work. The increase in depression among rural workers faced with overwork is not prominent. Perceived mental disorders are lower among immigrants and those with higher health status. In addition, labor protection and social security help to weaken mental disorders caused by overtime work. In conclusion, this paper demonstrates that working time has a U-shaped impact on perceived mental disorders and highlights the vulnerability of certain groups, providing a reference for setting optimal working hours from a mental health perspective.

Occupational Health and Safety in the RMG Sector of Bangladesh: An Enormous Order

Today it’s a matter of concern to ensure the occupational health and safety in the Ready Made Garments (Hereinafter referred to as RMG) sector of Bangladesh. Some accidents such as the Tazrin Fashion Fire and the Rana Plaza collapse draw attention - to the critical situation the workers of Bangladesh are working in, and to what extent they are at risk. It's a matter of regret and shame that, it has been forgotten that the RMG sector not only contributes to our national economy but also emancipates the poor people from poverty and hunger, This sector also highlights our country in front of the world. Textiles and clothing account for earnings a lot in Bangladesh, where most of these come from the apparel sector. This sector has a crucial role in alleviating poverty in Bangladesh. However, rapid growth, as well as the failure of the Bangladesh government to enforce its building and labour regulations, resulted in worker abuse and unsafe for poorly constructed factories. This series has been elucidated to what extent occupational health and safety covered and their impact, also focuses on how the rights of the worker are violated and analysis the duties and responsibilities of the related persons such as occupiers of the factories, Trade Unions, Collective Bargaining Agent, Inspector, buyer and so on. It also focuses the statutory protection to ensure Occupational health and safety. Finally, put some recommendations or ways out to ensure the safe and sound working conditions of the workers of the RMG sector in Bangladesh.

The Regulation on Sexual Harassment in ASEAN Workers: Evidence from Several Countries

Despite the existence of numerous laws and regulations that govern policy arrangements for the management of sexual harassment cases, victims still lack access to justice. This research examines the rules governing the management of sexual harassment cases in the workplace, with a particular emphasis on ASEAN member countries. This research employs normative juridical methods, which include statutory, conceptual, and comparative approaches. The research results show that, despite the existence of the 1955 Employment Law and Criminal Code in Malaysia, the incidence of sexual harassment continues to rise. To address this issue, it is critical to involve all employees in the development, execution, and oversight of workplace policies. Second, Singapore's primary law for dealing with sexual harassment, the Protection from Harassment Act, is accompanied by an employment law. Nevertheless, there are apprehensions regarding the inadequate remedies, uncertainty, and statutory protections against harassment, particularly in the workplace. Third, Indonesia has implemented numerous laws and regulations to manage sexual harassment cases. However, the government still faces challenges, such as an incomplete and insufficient legal framework, which results in victims being denied justice. Fourth, the effective implementation and protection of women's rights necessitate a comprehensive approach that considers cultural sensitivities, regional dynamics, and international norms to reconstruct sexual harassment regulations in ASEAN countries. As a result, it is critical to establish an anti-sexual harassment organizational culture and restructure sexual harassment regulations to protect victims' rights.

¿Más de lo mismo? Condiciones laborales de las trabajadoras del hogar en las plataformas digitales en México

While digital platforms that connect domestic workers with employers have proliferated over the past two decades, academic research on this phenomenon remains limited. These platforms have the potential to improve working conditions in the sector, however, they often seem to perpetuate the job insecurity that has historically characterized domestic work. This article explores whether the working conditions of domestic workers on digital platforms differ significantly from traditional ones. Based on 24 interviews with workers in Mexico, it examines four key aspects of their conditions: (i) hours and schedule flexibility; (ii) workload; (iii) income and benefits; and (iv) discrimination, violence, and harassment. The findings reveal incremental improvements in the conditions of digital workers but no significant break from the historical precariousness. The article is intended to enrich the emerging literature on platforms dedicated to domestic work, especially in the context of the global south and Latin America, where they have received little attention so far. It focuses on the in-person employment relationship between workers and their employers, which has been little explored in previous research. The study contributes to a more comprehensive understanding of labor dynamics in this emerging work modality and highlights the need for labor regulations that include domestic workers connected through digital platforms.

إثبات المخالفات التأديبية اثناء التحقيق الإداري على ضوء نظام الخدمة المدنية الأردني رقم 9 لسنة 2020 (دراسة مقارنة)

Objectives: this study sheds light on disciplinary evidence and defines its features to ascertain if an employee has committed a disciplinary violation while carrying out his job duties. It demonstrates how the Administrative Investigation Committee can establish the burden of proof. Further, the study offers crucial recommendations for the Jordanian legislator to perform its duties effectively. Research Problem: the adequacy of organising special rules of evidence before the Administrative Investigation Committee to detect behavioural violations. The Jordanian legislator addressed these rules in Article 146/b/2 of the Jordanian civil service Bylaw No. 9 of 2020. However, these rules are not integrated, as it is assumed that the administration has complete evidence of claims of behavioural violations. It does not have the right to accuse the employee of deviating from his job mandate without evidence. The employee is also entitled to present evidence refuting such claims. Thus, it falls to investigation committees to search for the necessary evidence to clarify the truth. The study demonstrates the legislator’s lack of interest in the rules that deal with evidentiary evidence in disciplinary violations and the failure of the Jordanian legislation to organise evidence to detect violations committed by public servants. Methods: this study adopts a descriptive and analytical approach that compares the Jordanian, Egyptian and Emirati legislation concerning the rules of evidence. Results and Conclusions: the paper concludes by with the following results such as: Jordanian civil service Bylaw fails to organise the means of evidence and administrative papers, as the legislator did not explicitly grant the Administrative Investigation Committee the authority to review documents related to the violation. In contrast, they were expressly formulated in the Egyptian and Emirati legislations. As well as, the Jordanian legislator did not deal with the method of inspection before the administrative investigation committee in the Civil Service Bylaw, unlike the Egyptian legislator who regulated that method in the law and provided instructions to the Administrative Prosecution. Such was also the case for the UAE federal legislator within the framework of the executive regulations of the human resources law in the federal government. -

PROGRAM AND ANALYTICAL COMPLEX OF THE INDUSTRIAL SAFETY AND HEALTH ANALYSIS SYSTEM

In the conditions of administrative reform and changes in the regulatory and legislative framework on labor relations, labor protection and industrial safety, there are conditions for changing the methods of organization and conducting state supervision in order to improve safety and preserve health at work. Ensuring information needs regarding the state of labor safety and labor relations at the enterprises of Ukraine plays an increasingly important role in the implementation of the control and supervision activities of State Labor inspectors. The purpose of the conducted research is to create instrumental means of assessing the state of labor relations and labor safety in Ukraine in order to properly organize measures of state supervision (control) on matters of labor relations and labor protection, to ensure the unity of approaches for the assessment by labor inspectors of the risks of violations of legislation by business entities. The article discusses theoretical approaches and practical implementation of the creation of a program-analytical complex of the industrial safety and health analysis system. The purpose of the system is described, and its structure is considered in detail. A description of the components of the program and analytical complex of the industrial safety and health analysis system is given, and the functional capabilities of each subsystem are given. Methodological approaches to the creation of an analytical complex of the industrial safety and health analysis system are considered in detail.

Relevance of EIA in Sustainable Development with Labour Law

The process of drafting legislation that concerns the livelihood of many people needs to be a careful and participatory process, the Job Creation Bill has crucial problems when viewed from the methodological aspects, paradigm and substance of regulation in the policy field of over-regulated and over-lapping issues that occur in the regulation of fields related to development and investment will not be resolved because the Job Creation Bill requires around 500 derivative regulations so that it has the potential to create a complex hyper-regulated. Realising that there is a need to create a conducive investment climate to realise development, it should not ignore the principle of sustainable development. The purpose of this research was to find out the relevance of EIA in sustainable development in Indonesia where the problem with the current job creation law is suspected of changing the function of EIA which was previously one of the licensing requirements to something whose function is no longer important or only needs to increase the problem with the concept of regulation regarding the environment which was previously regulated by Law Number 32 of 2009 concerning Environmental Protection and Management (UPPLH) using a licensing-based approach. This research used normative or doctrinal research methods.

Comparison of Beam Structure Calculations Using SNI 03-2847-2013 with British Standard 8110-01-1997

There are many regulations that can be used as work standards in planning building structures. Structural Concrete Requirements for Buildings SNI 03-2847-2013 is the standard used in Indonesia, but other standards, such as British Standard 8110-01-1997, are also used. The aim of this research is to determine the difference in beam structure calculations using the SNI 03-2847-2013 method and British Standard 8110-1997. In this research, the analysis method includes preparation, calculation and drawing conclusions, as well as recommendations. The calculation stage includes a comparison of SNI 03-2847-2013 with British Standard 8110-01-1997. The calculation results show different reinforcement dimensions for SNI and British Standard.

REPRESENTATION OF EMPLOYEES AND EMPLOYERS IN THE POLISH LABOUR LAW SYSTEM

The present study aims to provide a holistic presentation of employee and employer representation mechanisms in employment relationships. In the Polish labour law system, this matter is marked by both normative uniformity and normative differentiation. The legal mechanisms in force in this regard are of a pluralistic nature typical of qualitative pluralism (a pluralism of the types of law sources). In practice, this allows their flexible adaptation to the different statuses of the parties to an employment relationship and the circumstances of a case. This is of significant practical importance due to the need to maintain homeostasis in individual and collective employment relationships.

PROGRAM AND ANALYTICAL COMPLEX OF THE INDUSTRIAL SAFETY AND HEALTH ANALYSIS SYSTEM

Aim. To investigate the quantitative characteristics of magnetic fields created during electric contact welding by various methods: contact point, arc-contact, capacitor point, contact-contact continuous and pulsating reflow. The problem being solved is the lack of necessary information on the electromagnetic safety of the specified welding methods. Methodology. A description of the proposed methodical approaches to determining the levels of magnetic fields, means of measuring them, and methods of assessing their impact on the welder's body is provided. Based on the analysis and processing of the received oscillograms and spectrograms of magnetic fields, measurements of their quantitative characteristics were performed. To determine the general level of the multifrequency magnetic field that occurs during contact welding, the proposed generalized indicator of the level of the magnetic field was used. Implications of research. It was established that during contact spot welding with a stationary machine, the magnetic field level exceeds the maximum permissible value at the workplace in the range of 50-1000 Hz at a distance of 0.3 m from the welding electrodes. During manual welding by this method, the level of the magnetic field exceeds the permissible level in the frequency ranges of 5-50, 50-1000 Hz directly near the electric cable. Condenser spot welding with direct current is characterized by exceeding the maximum allowable MP at the workplace in the high-frequency range of 1000–10000 Hz. During arc-joint welding at the workplace, exceeding the maximum allowable levels of the magnetic field was not detected. Practical implications. It is shown that the spectral composition and magnitude of the magnetic field signal is determined by the welding method itself and the initial parameters of the power sources. The obtained results can be used in the field of welding production and labor protection for the improvement of contact welding technologies and the development of measures to protect welders from the magnetic field.

Legal Regulations for Anticipating Artificial Intelligence-Based Workers through Institutional Transformation of Job Training and the Human Resources Revolution

The rapid development of artificial intelligence (AI) technology has brought great changes to the lives of mankind. The emergence of AI as part of the rapid evolution of digitas technology has led to major changes in the world's lives. This research examines the impact of AI digitalization on Indonesia's workforce and the role of regulation in mitigating negative impacts. It emphasizes the need for holistic evaluation of labor law and modernization of professional job training programs. The research results show that the use of AI in Indonesia is increasing in various sectors, including the employment sector. Moreover, data privacy protection is still inadequate to ensure data protection and privacy of AI technology users. Therefore, it is necessary to update and add regulations that regulate comprehensively, covering data protection, algorithm transparency, occupational safety and health, elimination and specific retraining related to AI, and labor rights relevant to technological developments. It is also necessary to implement new regulations that provide legal protection for the application of AI can minimize the occurrence of cybercrimes on customer data.

Employees’ Participation in Organization Management in the EAEU Member States: Traditions and Innovations

The paper provides a comprehensive analysis of the issues of employees’ participation in administration of an organization within the framework of the Eurasian Economic Union. The author begins the research with the history of the emergence of the right of employees to participate in the management of the organization, moving on to the analysis of current trends in corporate governance, where he pays special attention to the role of employees in making key decisions. It is emphasized that the active involvement of employees in the management of the organization not only contributes to the democratization of labor relations, but also directly correlates with increased labor productivity, improved corporate culture and overall job satisfaction. Through a historical review, the development of the idea of employees’ participation in management is shown: starting from the period of the birth of labor law in medieval Europe to modern practices in the member states of the Eurasian Economic Union. A separate section is devoted to the theoretical foundations of employees’ participation in management. The main part of the study focuses on the analysis of general trends and national characteristics of employees’ participation in the management of organizations in each of the EAEU member States. In conclusion, recommendations are presented concerning optimizing the mechanisms of employees’ participation in management at the level of the Eurasian Economic Union. Attention is focused on the need to take into account both common approaches and national characteristics. The author describes key problems and challenges that need to be overcome for the effective implementation of employees’ participation practices in management.

The Asian American Contract: On Useful Labor and Social Reproduction in Severance and Minari

Abstract This article examines the central role that the work contract plays in the production and reproduction of Asian diasporic worlds. In light of the history of Asian indentured contract labor in the Americas, the article proposes that the “Asian American contract” emerges as an affirmation of the exchange of useful labor for a sense of belonging and world for the Asian American subject—even when this exchange comes at the expense of life. Through readings of Ling Ma’s novel Severance (2018) and director Lee Isaac Chung’s film Minari (2020), the article demonstrates how the contract ultimately transforms Asian Americans’ reproductive labor—their childbearing and child-rearing—into their social reproduction as a racialized class of useful, compliant workers.