Labor Law Research Articles

Evolution of work conditions for employees driving for work in France based on data from the 2003, 2010 and 2017 SUMER surveys (Surveillance Médicale des expositions aux risques Professionnels)

IntroductionThe occupational road-accident risk on public roads and the work conditions for professional driving is still an important issue in occupational health despite lower road-accident rates. This study presents the evolution over time of the work-related constraints for these employees based on the Sumer surveys carried out in 2003, 2010 and 2017. MethodData from the 2010 and 2017 surveys were restricted to match the scope of the 2003 survey in order to enable prevalence data to be compared in equivalent populations. The main variable of interest was “driving (car, truck, bus, and other vehicles) on public thoroughfares” for work (during the last week of work: yes/no). Work time characteristics, work rhythm, autonomy and scope for initiative, collective work group, standards and evaluations variables were completed by the occupational health physicians. A self-administered questionnaire was also provided to employees and contained the Job Content Questionnaire, which assesses decision latitude, social support and psychological demands, the reward scale of Siegrist questionnaire, the hostile behaviour with inspired questions for Leymann, sick leave and work accidents during the past 12 months and job satisfaction. Finally, prevention in the workplace was also completed by the occupational health physicians. ResultsAbout 25% of employees in France were exposed to work-related driving in 2017, which was stable in comparison with 2003 and 2010. However, the population was older and there were more females, more often from the clerical staff/middle manager category and working in companies with fewer than 10 employees. Employees exposed to work-related driving were also more frequently exposed to sustained work schedules and physical constraints, but less exposed to psychosocial risks. ConclusionsThe percentage of employees exposed to occupational road accident risk, i.e., exposure to work-related driving, remained stable at about 25% in 2017 compared with previous surveys. These employees were also more frequently exposed to sustained work schedules and physical constraints, but less exposed to psychosocial risks. Practical ApplicationsPrevention campaigns on work-related road accident risk should be provided to all employees in all companies since all jobs can be concerned.

Role of participation committee in developing workplace condition, safety and welfare services in Ready-Made Garment Industry of Bangladesh

An abstract is a summary of entire paper should be written in Cambria with font size- 10. The Ready-Made Garment (RMG) industry in Bangladesh plays a crucial role in the country's economy. Nonetheless, it frequently encounters challenges concerning workplace conditions, safety standards, and welfare services. This study investigates the participation committee's (PC) role in ensuring sustainable working conditions, workplace safety, and welfare within Bangladesh's RMG industry. Employing a qualitative research approach, the study conducted interviews with 30 respondents using semi-structured questions and employed a convenient sampling technique to select participants. The findings reveal that the participation committee has notably enhanced workplace safety in the RMG industry. Through active involvement, the committee has fostered improved communication between management and employees, leading to better working conditions, the eradication of labor rights neglect, and strengthened enforcement of national employment and labor regulations. The paper concludes by stressing the necessity for collaborative efforts involving stakeholders at various levels to consistently enhance workplace conditions, safety standards, and welfare services in Bangladesh's Ready-Made Garment industry. Originality in a study on participation committees in Bangladesh's ready-to-garment industry lies in presenting innovative approaches, methods, or insights, addressing literature gaps, or exploring uncharted territories, thus enhancing welfare services and workplace health and safety.

Re-interpreting basic values underlying social security law in times of climate change and ecological crisis

Shaping solidarity, guaranteeing basic subsistence, maintaining income and employment activation can be seen as basic values underlying social security law in many European welfare states. This article argues that the meaning of these values or concepts is determined by legitimating discourses within which they are interpreted. While so far Rawls's theory of justice and related egalitarian liberal philosophies have had a great impact on these discourses, the ecological crisis has given rise to new discourses which are inspired by neo-republican theory and green republicanism. Instead of legitimising a capitalist economy based on economic growth, these discourses promote a post-productive society that seeks to realise human flourishing and meaningful lives. The aim of this article is to contribute to the emerging debate on social security reform by explaining how neo-republican theory and green republicanism can fill social security law's basic values or concepts with meaning that is more in line with current ecological concerns. In contrast to previous contributions that have sought to rethink labour and social security law (‘social law’) in a way that is more compatible with our ecological and climate crisis, this article builds on Poststructuralist Discourse Theory to develop its argument.

Self-initiated protection behavior based on Magna Carta of women: Women health workers, teachers, and minimum-wage earners in the workplace

The problem of violence in the workplace continues to expand and it casts a shadow on organizational environments all around the world. This phenomenon extends to different fields or sectors and is pervasive throughout a wide range of job environments, such as those in the healthcare industry, educational institutions, local and informal economies, and service industries. The purpose of this study was to analyze the actions of working women when their rights had been/will be violated. This quantitative study was conducted in Zamboanga Peninsula, Philippines among women in academe (n=121) and health institutions (n=39), and women of minimum-wage earners (n=42). Findings indicated that working women in the region tend to seek information outside their organizations when violence will happen; they also seek information when their rights once were violated. In some instances, they would only file a complaint when they feel discriminated against and when equal rights in the workplace are not well implemented. Notably, minimum-wage earners and health workers are more likely to file a complaint than teachers. The findings resonate with broader societal patterns wherein hesitancy to report workplace violations are deeply embedded. Such behaviors perpetuate gender-based violence and hinder the development of gender-sensitive and conducive workplaces. To deconstruct the gender and development (GAD) limitations, interventions need to extend beyond the present organizational policies to instill a culture of empowerment and safety for all individuals, fostering an environment conducive to open discussions, proactive conflict resolution mechanisms, and reliable report systems.

Challenges in Manpower Management: Discuss the Challenges Faced by the Automotive Industry in Managing Manpower Due to Rigid Labor Laws and Complex Legal Systems, Especially Concerning Temporary Increases in Workforce to Meet Demand Fluctuations

The automotive industry is at the forefront of technological innovation and economic growth. However, it faces significant challenges in manpower management, particularly due to rigid labor laws and complex legal systems. These challenges are exacerbated when addressing temporary workforce increases to meet demand fluctuations. This paper aims to discuss the multifaceted issues that arise in the context of labor flexibility, talent acquisition, and retention strategies within the automotive sector. Firstly, the industry contends with the difficulty of attracting and retaining talent in a competitive landscape where technology companies and startups often offer more appealing opportunities. The rapid pace of technological advancements demands a workforce that is adaptable and skilled in new and evolving competencies. However, traditional labor laws often do not accommodate the flexible arrangements required to attract such talent. Secondly, the high turnover rate within the automotive industry further complicates manpower management. The need to cultivate leaders from within is hindered by generational differences and a redundant skill set that is increasingly becoming automated. This situation is compounded by the industry’s struggle to maintain employee health and safety, which is paramount given the physical nature of manufacturing jobs. Lastly, the legal complexities associated with temporary staffing to manage demand peaks present a significant hurdle. The industry must navigate a labyrinth of employment regulations that vary by region and often restrict the ability to swiftly adjust workforce levels in response to market needs. The automotive industry must develop robust strategies to overcome these challenges. This includes fostering organizational resilience, reimagining talent management, and advocating for labor law reforms that reflect the dynamic nature of the industry and its workforce requirements. The ability to adapt to these challenges will be a determining factor in the industry’s capacity to sustain innovation and growth in the coming years.

Labor Protection for Women Victims of Domestic Violence in Brazil

Labor Protection for Women Victims of Domestic Violence in Brazil

“Mutated Sumangali Scheme”: challenges in enforcement of labour laws in spinning mills of Tamil Nadu

ABSTRACT During the 1990s, the Sumangali (Tamil for “happily married women”) Scheme was in practice at spinning mills in various districts of Tamil Nadu. Considering its highly exploitative characteristics, the Sumangali Scheme was generally viewed as “modern slavery”. Interventions by the government and non-governmental organizations have curbed these typical characteristics of the Sumangali Scheme. In this context, this article finds that the Sumangali Scheme has not been eradicated. Rather, it has been mutated into another form. Under this “Mutated Sumangali Scheme”, female labour rights violations still continue. This article analyses the reasons for these labour rights violations, including absence of collective bargaining, ineffective proactive enforcement by government agencies, inherent loopholes in substantive laws, and slack in interventions by government and non-governmental agencies. Finally, the article recommends appropriate measures to curb these violations and eradicate the Mutated Sumangali Scheme.

The impact of progressive era labor regulations on annual earnings and employment in manufacturing in the USA, 1904–1919

AbstractWe analyze the impact of the broad range of state labor regulations on employment and annual earnings in manufacturing for wage earners and salaried workers using a new panel data set for the 48 US states in 1904, 1909, 1914, and 1919. The effects of state labor regulations influenced the labor market for wage earners and had virtually no effect on the market for salaried workers. Fixed effects analysis shows that increases in a newly developed labor law index were associated with a rise in employment and a decline in earnings for wage workers. These changes imply a dominant rise in labor supply that reflected marginal benefits for workers that were higher than the marginal costs or marginal benefits to employers. After the demand and supply shifts were completed, both workers and employers ultimately experienced improved gains from trade. Under a wide range of assumptions about the earnings elasticity of demand, the results are also consistent with the regulation increasing labor demand and thus providing positive marginal benefits to employers. The effects of appropriations per gainfully employed worker were much smaller and depended on the size of the law index.

A benchmark dataset for the retail multiskilled personnel planning under uncertain demand

In this data article, we present and describe datasets designed to address multiskilled personnel assignment problems (MPAP) under uncertain demand. The data article introduces simulated datasets and a real dataset obtained from a retail store in Chile. The real dataset provides details on the structure of the store, including the number of departments and workers, the type of labor contract, the cost parameter values, and the average demand across all store departments. The simulated datasets, consisting of 18 categorized text files, were generated through Monte Carlo simulation to encapsulate information about the stochastic demand for store departments. These text files are classified based on: (i) type of sample (in-sample or out-of-sample), (ii) type of truncation method (zero-truncated or percentile-truncated), and (iii) demand coefficient of variation (5%, 10%, 20%, 30%, 40%, 50%). This categorization allows academics and practitioners to select the scenarios that meet with their specific research or application needs, increasing the flexibility and applicability of the datasets. In addition, researchers and practitioners can use these comprehensive real and simulated datasets to benchmark the performance of diverse optimization methods under uncertain demand, thereby ensuring robust multiskilling levels for similar MPAPs. Furthermore, we offer an Excel workbook with the capability to generate up to 10,000 demand scenarios for varying coefficients of variation in demand.

Directors with foreign experience and employee protection

AbstractThis study investigates the impact of managerial foreign experience on corporate employee protection. Using 30,644 firm‐year observations from 3972 Chinese listed firms from 2008 to 2020, I find that compared with firms without returnee directors, firms with returnee directors pay more social insurance premiums and implement better employee treatment policies. The positive relationship is stronger when returnee directors acquire foreign work experience (as opposed to educational experience), gain experience in countries with strong labor protection, serve as a CEO or a chairperson in the Chinese firm, and have high media visibility. The cross‐sectional analysis shows the effect of directors with foreign experience on employee protection is greater in non‐state‐owned firms, and returnee directors improve employee protections more when the employees have relatively weak discourse power. Additional analysis finds that returnee directors improve employee training and occupational safety, and they help balance social insurance generosity and employment levels. The results are robust after addressing the potential endogeneity problems. My results suggest a potential way to transfer better labor protection practices from developed to emerging markets.

Cross-border telework and the applicable labour law: The role of different connecting factors in determining objectively applicable law

In the case of cross-border employment, the applicable law is determined mainly according to habitual place of work. If this factor cannot be clarified, the engaging place of business of the employer determines the applicable law. Both factors can be set aside if the relationship is more closely connected to some other country. Telework is performed outside the employers’ premises, and the determination of the exact workplace can be difficult. This again complicates the determination of the applicable law in cross-border cases. This article analyses how, in the case of cross-border telework, the applicable law should be determined. It is argued that the exact system depends on the type of telework. If telework is performed in one country abroad, the habitual place of work determines the applicable law. If teleworker has at least two offices or manages his own working time, the second connecting factor applies. As the determination of the applicable law according to the engaging place of business is not considered to be sufficiently employee-protective, escape clause should be emphasised in the second case to guarantee the best employment protection to the employee.

Female Ownership of Firms and Regulation Experience

The presence of gender disparity in de jure rules across the world is relatively well-known. Many studies show that this disparity is detrimental to female labor participation. Our focus is different in that we examine whether firms with females amongst ownership experience elevated time costs and burdens associated with government regulations relative to their male-owned counterparts. In this sense, we are interested in both de facto and de jure differences in governmental regulation. Using firm-level data and two alternative matching methods, our results suggest that firms with at least one female owner report that senior management spends a larger percentage of their time dealing with regulations. We also find that construction permits take approximately 4–7 days longer to obtain for these same firms. Lastly, we find that female-owned firms perceive labor regulations to be a larger obstacle to business operations. In all cases, these effects tend to be largest in countries with the most disparity in de jure rules. However, the gap remains even in the most de jure equal countries.

The Current Managerial Problems Faced by Garment Factories in Bengaluru

The main objective of garment factories in Bengaluru was to increase production, sales, expenditure outlays and in short achieve the organizational goals of the company. The point to be mentioned is whether the garments have evolved from tailoring shops to modern textile mills? They have transitioned from private to public sector. The research gap tries to find out whether this transition has made the managerial goals align with the company goals. What were the difficulties faced by these managers in increasing production, maintaining capital funds, profit retention ratio, debt equity ratio, keeping shareholder’s owners& management happy, assurance of job security, maintenance of machines and other capital equipment, implementing various labour laws, discourage groupism and unionism, undertaking social security measures, prevent company takeovers but what was the result? Were organizational goals achieved? The research methodology followed was both primary and secondary data was collected and used for analysis. The findings showed that most of the garments are still privately owned and they have implemented most of the labor laws but still have enshrined their main goals-profit, sales and growth maximization. Labor absenteeism was not tolerated at all.

Testing the validity of feminization U-shape hypothesis for female labor force participation and economic development in Pakistan: a reexamination

Purpose The participation of females in economic activity remains a challenge, and received a lot of attention for a better labor policy discourse. The empirical research focused widely on the relationship between female labor force participation (FLFP) and economic development, called the feminization U-shape hypothesis. However, the linear/nonlinear relationship has been questioned due to empirical and methodological anomalies. Hence, this study aims to extend the previous work by reexamining this relationship in Pakistan. Design/methodology/approach The annual data from 1980 to 2021, the unit root tests augmented Dickey–Fuller and Phillips and Perron, the conventional autoregressive distributed lag bound test approach by including the quadratic-term of GDP per capita and the novel Sasabuchi–Lind–Mehlum (SLM) U test (2010) used for empirical estimation. Findings The findings revealed the prospects of a long-run nonlinear association between FLFP and economic development in Pakistan. However, an inverse U-shape exists between the female labor force participation rate (FLFPR) and GDP per capita, predicting that FLFP may decline in the future. Research limitations/implications The traditional feminization U-shape hypothesis has little empirical support in the case of Pakistan. Therefore, the Government of Pakistan should enhance the enabling environment for females through the provision of better job opportunities, technical skills, on-the-job training and social security benefits during all phases of economic development. Originality/value The conventional approach of testing U-shape is insufficient. To the best of the authors’ knowledge, therefore, this study incorporated a wider data set in a time series that is less evident, an advanced methodology SLM U test (2010), to validate the feminization U-shape hypothesis in Pakistan for the first time.

From Prevention to Empowerment: A New Model for UK Labour Law

Abstract For at least the last 40 years, law and policy in relation to work in the UK have been rooted in a paradigm of prevention: preventing employers from abusing the power they enjoy over workers in ways that are harmful to the latter’s interests. This article argues that this paradigm is rooted in a partial and structural, understanding of power, that is incapable of grappling with the true scope of the problems associated with power as it relates to work in the context of capitalism. Exposing the issues that exist with this understanding of power, and advancing an alternative structural conceptualisation, the article explores the implications that such an understanding might have for labour law and policy.

Applying feminist legal principles to achieve gender equality in Vietnam’s labor legislation

Applying feminist legal principles to achieve gender equality in Vietnam’s labor legislation

Current issues of labour dispute resolution through mediation

Current issues of labour dispute resolution through mediation

Employee Subordination of Civil Service Officials in the Context of Remote Work: Insights from Polish and Ukranian Experience

The concept of employee subordination is a fundamental aspect of the employment relationship, which is currently undergoing evolution towards greater employee independence. This article addressed the issue of employee subordination using civil servants as a case study. The selection of this professional group was based on the classic form of subordination within their employment relationship, which has deep historical roots. The COVID-19 pandemic normalised the remote work, including in administration, presenting a new phenomenon in Poland and Ukraine. The adoption of remote work in government administration marked a significant shift towards more flexible employment rules for civil servants. This study examined how Poland and Ukraine have integrated the remote work into their post-pandemic realities. The paper investigated whether heightened flexibility in employment regulations regarding remote work can align with the distinctive responsibilities of government officials. The methodology involved a comprehensive review and analysis of legal doctrines, judicial decisions, and scholarly literature related to subordination in labour law. Using legal frameworks and analyses, the article explored manifestations of subordination in labour law, focusing on the control and management exerted by employers over workers. Specific consequences of legal subordination, such as organisational prerogatives, regulatory powers, and disciplinary authority, were scrutinised within the employment relationships. The first section of the article explored subordination as a central feature of the employment relationship, highlighting indicators of subordination among civil servants in government administration, particularly considering employees appointed to their roles. The subsequent section discussed Polish and Ukrainian experiences with the remote work during the pandemic, alongside current legal provisions enabling the remote work in government administration post-pandemic. Drawing from legal frameworks in Poland and Ukraine, the article analysed the implications and intensity of legal subordination within employment relationships, examining employer powers like organisational control, regulatory oversight, and disciplinary actions that define the degree of subordination experienced by employees. In conclusion, the article contended that subordination should be understood not solely as a hierarchical relationship but as a system of ordered relations. The primary function of subordination is to establish order and structure within systems governed by legal norms, governmental bodies, or officials. This article was based on a paper presented at the LLRN-6 conference in Warsaw (June 25-27, 2023).

Problems of protection of labor rights during hiring with the use of artificial intelligence algorithms

Abstract In recent years, artificial intelligence has found wide application in labor law, including in hiring processes. Artificial intelligence algorithms are used to automate recruiting, skills assessment and decision making. Although this can provide certain advantages and efficiency in the selection of candidates, the use of artificial intelligence algorithms in hiring also creates new legal problems and challenges, in particular in the context of the protection of labor rights in hiring: discrimination, transparency of artificial intelligence algorithms, protection of personal data. The problems caused by the use of artificial intelligence in labor law create challenges for lawyers in the context of creating ethical criteria and legal frameworks that regulate the use of artificial intelligence in the hiring process. The purpose of this article is to outline the main legal issues related to the violation and protection of labor rights in the case of the use of artificial intelligence algorithms in hiring. To achieve the goal of the research, methods of analysis, generalization, formal-logical, comparison, forecasting, dialectical and others were used. The current state of Ukrainian legislation and the experience of foreign countries are considered. The signs by which the artificial intelligence system can be classified as high-risk are highlighted. The problems of personal data protection during recruitment using artificial intelligence algorithms are analyzed. The definition of discrimination contained in international legal acts has been studied. Insufficient legal regulation of discrimination with the use of artificial intelligence algorithms has been established, which in turn creates problems in law enforcement. The criteria necessary to prevent manifestations of discrimination during recruitment with the use of artificial intelligence algorithms are highlighted. On the basis of the conducted research, a conclusion was made about the insufficient legal regulation of the use of artificial intelligence algorithms in domestic legislation, criteria that should become key for the protection of labor rights during employment with the use of artificial intelligence algorithms.

Sweatshops and Labour Law: The Ethical and Legal Implications of Ignoring Labour Law in Developing Countries

Abstract Academic defenders of sweatshops argue that disregarding labour rights will result in increased welfare in the developing nations where transnational corporations (TNCs) operate. They argue that TNCs should ignore local labour laws in the best interests of the poor. In this article we criticise this ‘ignore the law’ position regarding sweatshops on three separate grounds. First, it fails to acknowledge the demands for businesses to respect the rule of law as part of the development process. Second, it utilises an inadequate account of voluntary contractual bargaining which overlooks how employment practises operate in sectors prone to utilising sweatshop labour, leading to coercive employment conditions incompatible with human dignity and free choice. Third, it fails to adequately account for labour law and international labour standards, which embody a strong moral conception of dignity at work and observance of fundamental human rights in protecting workers against abuse through the resulting legal duties placed on states and corporate actors. We conclude that poverty reduction requires the support of both private and public actors. Advocating the side-stepping of labour laws distracts from the important work of institution building necessary to protect workers and facilitate economic growth consistent with decent work, sustainable development, fairness and human dignity as embodied in international labour standards.