Labor Rights Research Articles

From Human Rights to Citizens' Rights? Democratic Framing Contests and Refugee Politics in South Korea

In 2018, the South Korean government denied refugee status to all but two of the almost 500 Yemenis who, fleeing civil war in their home country, had arrived earlier in the year on the resort island of Jeju. This decision was made in the context of a short-lived but intense public backlash, even though the overall number of refugees has remained consistently low. Three years later, nearly 400 Afghans were evacuated to South Korea with government support and little controversy. What explains these different patterns of refugee politicization in South Korea? I argue that the 2018 episode of anti-refugee activism in South Korea does not follow the typical script in immigration politics which pits "natives" against "outsiders"; rather, it is a reflection of internal political divisions. In this article, I focus on political framing contests involving governmental and non-governmental actors that draw upon prior rhetorical frames of political mobilization which had developed in a broader context of state-building, development, and democratization. The 2018 Jeju "crisis" was partially a reaction against state-led multiculturalism (damunhwa), which had gained momentum since the 2000s. It also signalled a political backlash against previous decades of social and political movements that framed labour rights, migrant workers' rights, and other minority rights as a necessary expansion of human rights befitting a responsible "advanced nation." At the same time, the varied responses to the arrival of Yemenis in 2018 and Afghans in 2021 show that the coherence and resonance of competing political frames during key moments can help explain the type and degree of political mobilization on refugee policy. Furthermore, these comparative case studies show that South Korean attitudes toward refugees have not settled into stable political-economic coalitions and remain contested and in flux.

The role of trade unions in Russia in ensuring the implementation of the constitutional principle of democracy

This article is devoted to the analysis of the role of trade unions in ensuring the implementation of the constitutional principle of democracy in the Russian Federation. The author substantiates the position that the implementation of this constitutional principle is impossible without a system of legal guarantees, among which the most important place is occupied by civil society institutions. The key and most developed institution of civil society in modern Russia are trade unions, which are voluntary public associations of citizens to protect their labor and social rights, which form the basis of the system of human and civil rights and freedoms in the Russian Federation. The article examines the main problems associated with the participation of trade unions in the implementation of forms of direct and indirect democracy in the country, and also developed and substantiated a system of proposals and recommendations to enhance the role of trade unions in ensuring the implementation of the constitutional principle of democracy in Russia. The work uses a number of methods of scientific research, in particular: analysis; synthesis; formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analysis of specific legal situations. The most important place in this system is given to proposals to improve the Constitution of the Russian Federation and the current legislation in terms of increasing the role and place of trade unions in the mechanism of implementation of direct and indirect forms of democracy in Russia.The object of this study is public relations related to the implementation of the constitutional principle of democracy in Russia, as well as the participation of trade unions in this process. The subject of the study is a set of legal norms regulating the mechanism for ensuring the implementation of the constitutional principle of democracy, as well as scientific views on the place of trade unions in the organization and functioning of this mechanism. The purpose of this study is to identify and substantiate the role of trade unions in the Russian Federation in the mechanism of ensuring the implementation of democracy as the most important constitutional principle.

The Intersections of Public Rights and Private Rules: An Analysis of Human Rights in Forestry and Fisheries Certification Standards

AbstractThis article systematically evaluates whether, how, and to what extent twelve prominent forestry and fisheries certification schemes address human rights in their standards. In line with the broader cross-fertilization of the fields of international human rights and environmental law and policy, our results demonstrate that human rights norms and considerations – primarily Indigenous, labour, and procedural rights – are increasingly reflected in the rulemaking of these schemes. At the same time, our analysis also demonstrates the mixed and underwhelming performance of certification standards in protecting human rights norms, including those relating to women, children, racialized and ethnic minorities, persons with disabilities, Indigenous peoples, workers, 2SLGBTQIA+ communities, and peasants and rural peoples. Through descriptive statistics, we also show that levels of human rights adherence vary significantly across schemes and that standards developed in the forestry sector tend to outperform those for fisheries. Our methodology and results add a new dimension to efforts to assess the stringency, equity, and legitimacy of private authority in the environmental field.

The “Social Europe” effect: Does southern foreign direct investment in Europe improve labor rights in the Global South?

Trade and foreign direct investment (FDI) relations between developing and developed countries can lead to ratcheting-up of labor standards. Past research, however, has relegated developing countries to a passive role in the global economy while simultaneously largely ignoring variation between developed countries’ degree of protection of labor rights. In this study, we consider FDI by developing countries into Europe and how it can lead to labor upgrading. We argue that the obligations to upgrade implied by Europe’s regulatory environment will pressure developing country firms with strategic asset-seeking FDI to upgrade their practices which can subsequently diffuse in their home countries. We tease out this specific mechanism from others through a comparative research design juxtaposing FDI into high standard social Europe and the relatively low standard United States for a panel of 122 developing countries in the period 2001–2010. Our analysis compares how FDI into each location affects both collective and individual labor rights, finding that FDI into “Social Europe" leads to the improvement of labor standards, particularly trade union rights and substantive rights relating to working conditions, while there is no such upgrading effect for FDI into the United States. These findings are robust to multiple specifications, including an innovative application of the measurement strategy in studies on trading-/investing-up effects. This research helps us to understand two underappreciated facets of this latest phase of globalization: the rise of developing countries as agents of global integration and how regulatory disparities between potential economic partners can affect labor upgrading in those same developing countries. Any weakening of the European social model should consider its external consequences.

Labor Market Information System: A Review of Some Practices

Accurate and up-to-date labor market information system, which is conducted with the involvement of public decision markers, technical and vocational education and training (TVET) practitioners, employers and their associations, employee associations, training providers and learners, is an essential feature of a successful TVET system. Similarly, engagement of multiple TVET stakeholders is an important component of overall skills development system which leads to developing responsive labor market skill needs, supporting prioritized economic sectors to foster dialogue among the stakeholders to maintain balance demand and supply of labor right. It enhances integration of labor market requirements in the overall training and skills development cycle and ensures that trainees acquire market-relevant skills for their employability and self-employment. In the context of changing labor market conditions, collecting, compiling, analyzing, and disseminating current and future needs from the TVET customers can support better matching for training and employment. As labor markets are constantly evolving and changing, labor market analysis therefore needs to be conducted on a regular basis so that real time labor market information can be obtained. But the active and regular labor market information process is underexplored in a developing country like Nepal. The main objective of the article is to explore the common practices of Nepali labor market information system and the problems faced by the TVET system. Thus, the article addresses the information gap by diving deep into the clear understanding of labor market, practices of labor market information processes in some South Asian countries, including Nepal and issues and challenges facing the Nepali labor market information process.

Challenges and Implications of the Grievance Procedure under oecd Guidelines for Labor Rights: a Chilean ncp Case Study

Challenges and Implications of the Grievance Procedure under oecd Guidelines for Labor Rights: a Chilean ncp Case Study

Financialisation and contested citizenship of ‘failed’ debtors: how overindebted people negotiate their status and rights

ABSTRACT Centring in attention on overindebted people, the article examines ‘practices of claim-making’ from the perspective of ‘failed citizens’, insiders who lose their rights within constitutional democracies because they are perceived as failing to live up to its norms. We examined these practices in the context of the Czech debt collection system, which gives excessive power to lending institutions and bailiffs and severely limits debtors’ social, labour and privacy rights. We show how the processes of financialisation, combined with an internalised discourse of individual responsibility are shaping the possibilities to translate the experience of exploitation into claims.

Country of Origin of Medical Products and Risk of Labour Rights Abuse: A Cross-Sectional Analysis Using Four Procurement Datasets.

Background Case studies have highlighted labour rights abuse in the manufacture of several healthcare products, but little is known about the scale of the problem or the specific products involved. We aimed to quantify and compare the overall and product-specific risks of labour rights abuse in the manufacture of healthcare products supplied to high-income settings using multiple datasets on the product country of origin (COO). Methods Public procurement data from South-Eastern Norway (n=23,972 products) were compared to datasets from three other high-income settings: procurement data from Cambridge University Hospitals, trade data from UN Comtrade, and registry data from the US Food and Drug Administration (FDA). In each dataset, the product COO was matched to the International Trade Union Confederation risk rating for labour abuse and deemed high-risk when rated 4, 5, or 5+. Results In the Norway data, 55.4%of products by value had a COO declared, 49.1% of which mapped as high-risk of labour rights abuses. COO was identified for 70/100 products in the Cambridge data, with COO matching high-risk at 59.9% by value. The level of risk for specific medical product categories varied between the Norway, US FDA, and UN Comtrade datasets, but those with higher proportional risk included medical/surgical gloves and electrosurgical products. Conclusion Evidence of high-risk of labour rights abuse in the manufacture of healthcare products present in these data indicates a likely high level of risk across the sector. There is an urgent need for global legislative and political reform, with a particular focus on supply chain transparency as a key mechanism for tackling this issue.

Territory, rights, and migrant justice: Undocumented first amendment rights, or the deterritorialization of rights access

This paper analyzes the work of the powerful migrant rights organization Migrant Justice, as they exemplify ways in which migrant activists in the U.S. today are challenging the socio-political confines of bordered state territory and are pushing the landscape of rights access in new directions. This work utilizes a year-long ethnography conducted with Migrant Justice as they faced intense targeting and surveillance from immigration authorities, including the use of a covert informant, in response to their successful labor and human rights organizing in the state of Vermont. This work in particular details Migrant Justice’s First Amendment rights lawsuit against the federal government in response to this targeting. Here, Migrant Justice directly challenged the federal government in a groundbreaking lawsuit that saw federal immigration authorities forced to acknowledge constitutional rights for undocumented migrant activists. In this confluence of opposing forces, we of course see egregious abuses against migrant actors, but we also see exemplifications of new and progressively powerful forms of resistance that are posing a specific challenge to the state’s bordered and territorially based limitations on human and civil rights. This work utilizes Stuart Elden’s conception of territory—as a process and a praxis of control—to understand migrant resistance to state-sanctioned exclusion and exploitation and the ways in which these challenges to state power are creating new spaces for political belonging. An analysis in this way allows us to see the work of Migrant Justice as that which increasingly deterritorializes relationships between residents and state power—an undoing of spatial limitations on rights and belonging. Throughout this work, the concept of deterritorialization as a form of migrant resistance is unpacked and defined to understand the full potentials of migrant activism today.

Analysis of slave labor in the meatpacking sector

This article aims to present a category of activity – slavery, where there is the subletting of workers without a legal employment relationship, without due remuneration as well as labor rights and responsibilities. In this way, companies that practice this type of activity reduce their operational labor costs, payment of taxes and increase the profit margin, bringing economic and mainly social impacts to both the worker and society, a qualitative reserarch with the meatpacking segment, one of the sectors in the country where part of this harmful practice converges in society.

Current Areas of International Labor Organization Activity for the Progressive Development of International Labor Law

Introduction. The article presents an analysis of the current activities of the International Labor Organization (hereinafter reffered to as the ILO) on the unification of existing and the development of the latest international labor standards for two categories of workers. In particular, we would like to draw attention to the lack of international legal labor standards for professional athletes and the necessary norms to protect their labor rights. In international law, there are a number of universal and regional international legal acts dedicated to professional sports, for example, the International Convention against Apartheid in Sports of 1985, the International Convention against Doping in Sports of 2005, the Council of Europe Convention against Doping of 1989. However, there are no issues of regulating the work of athletes and protecting their labor rights in international legal acts.Another issue that requires the closest attention from the ILO in terms of the progressive development of international labor law is the regulation of remote (remote) work. The article examines various forms of remote work, and also presents a comparative legal analysis of the status of a homeworker and a remote (remote) worker in accordance with ILO documents. Materials and methods. The methodological basis of the study was the following general scientific and special methods of cognition of legal phenomena and processes: the method of system-structural analysis; formal-logical method.Research results. As a result of the research, the authors found that there is a need to develop an ILO Convention, as well as an appropriate Recommendation that would consolidate the minimum labor rights of athletes with their subsequent extension in employment contracts of a private legal nature. Regarding the legal regulation of remote work, the authors also propose to allocate remote workers into a separate category of workers on a par with homeworkers and domestic workers.Discussion and conclusion. In modern professional sports, workers of various nationalities are represented, consequently, the ILO needs to progressively develop new international standards for the labor rights of athletes at a universal level, in particular, it is proposed to adopt a Convention on the peculiarities of work in professional sports. Since a homeworker and a remote worker are essentially not identical concepts, therefore, the ILO Convention No. 177 on Home Work of 1996 cannot be extended to regulate the work of remote workers, therefore it seems appropriate to develop an appropriate Convention.

Employment Development Based on the Qur'an: Thematic Analysis of Employment Verses

This article discusses complex and interrelated problems in employment development. One of the factors influencing this problem is the lack of human resource capacity caused by an education and training system that is not in line with market needs. To overcome this problem, efforts are needed to improve the quality of education and training, create jobs in line with the growth of the workforce, and protect labor rights. This article links the Al-Qur'an perspective in looking at employment which is presented with qualitative data processing methods and the use of Maudhu'i Hayy Al Farmawi's analytical techniques by combining several verses that suit the theme. It is hoped that this article can provide insight into issues regarding employment opportunities, work quality, and protection of labor rights contained in the Qur'an.

Review: Maritime Men of the Asia-Pacific: True-Blue Internationals Navigating Labour Rights, 1906–2006, by Diane Kirkby, Lee-Ann Monk, and Dmytro Ostapenko

Review: <i>Maritime Men of the Asia-Pacific: True-Blue Internationals Navigating Labour Rights, 1906–2006</i>, by Diane Kirkby, Lee-Ann Monk, and Dmytro Ostapenko

El contrato laboral emergente y las regulaciones de la ley de apoyo humanitario. ¿Existe vulneración de derechos?

This study examines the role of union leaders in the face of the emerging labor contract and regulations under the Humanitarian Support Law. It explores how unions adapt to new labor conditions imposed by emergencies, as well as their strategies to protect workers' rights. The findings show that union leaders play a crucial role in defending labor rights, using collective bargaining, worker education, and monitoring compliance with labor regulations as key tools. However, challenges such as lack of resources and resistance from some employers are identified. The need to strengthen union capacity and promote greater social dialogue to address these obstacles is highlighted. Ultimately, the importance of striking a balance between labor flexibility and worker protection to ensure a fair and sustainable labor recovery is emphasized.

Struggling for the right to struggle: Cultural workers’ labour rights and unions

This paper explores how writers in the South Korean broadcasting industry have collectively struggled against their precarious working conditions and faced distinctive difficulties in taking their collective actions, including unionization. Based on semi-structured, in-depth interviews with 23 research participants, this paper examines why and how these South Korean writers have established various forms of collective worker organization: from a professional association to informal grassroots communities, to a women-only trade union, to two unions of media workers who are freelance or on contract. I argue that the activism of these writers reflects the intersection of different identities, ranging from women to freelancers to cultural workers and that their activism promotes the idea that working creatively, autonomously and equitably should be recognized as a basic labour right.

Entrepreneurship in the sharing economy: A review of business models and social impacts

The emergence of the sharing economy has fundamentally transformed conventional company structures, presenting novel prospects for entrepreneurs and questioning existing conventions across diverse industries. This study offers an extensive examination of entrepreneurship within the sharing economy, delving into various company models and scrutinising its societal ramifications. The sharing economy, which involves peer-to-peer transactions mediated by internet platforms, has seen the rise of new entrepreneurial businesses. This paper explores the diverse and complex nature of sharing economy business models, encompassing various platforms such as ride-sharing, accommodation-sharing, asset-sharing, and skill-sharing. A thorough examination of each model to explore the fundamental concepts, operational processes, and crucial aspects that contribute to entrepreneurial success in this rapidly changing environment is being explored. This study examines the impact of different business models on consumer behaviour, market dynamics, and social developments. The assessment examines the good and negative outcomes, taking into account factors such as improved efficiency in resource utilization, economic empowerment of individuals, and potential difficulties linked to regulatory issues, labor rights, and market competitiveness. This paper focuses on the essential role of technology and digital platforms in promoting entrepreneurship within the sharing economy. Through an analysis of the impact of digitalization on market accessibility, trust mechanisms, and scalability, the role of technology as a driver for entrepreneurial innovation and expansion is emphasized. Additionally, it analyses the impact of regulatory frameworks on entrepreneurial activity, investigating the difficult balance between stimulating innovation and maintaining consumer protection, fair competition, and social equality. In conclusion, this research gives useful insights into the entrepreneurial environment of the sharing economy, presenting a comprehensive knowledge of diverse business models and their societal implications. By putting light on both opportunities and problems, thereby contributing to the current conversation on the role of entrepreneurship in determining the future of the sharing economy and its consequences for society at large.

Industrial relations, the New Right and the praxis of mismanagement

PurposeThe purpose of the article is to outline the insights provided by Alan Fox in Man Mismanagement in relation to the rise of the New Right political economy and the spread of unitarist managerialism. The article assesses the contemporary work and employment relations implications of mismanagement arising from a “second wave” of the New Right ideology from 2010 in the UK.Design/methodology/approachResponding to the Special Issue on Alan Fox, the article focuses on Alan Fox's book Man Mismanagement, considering industrial relations developments arising between the 1st (1974b) and 2nd (1985) editions relating to the political rise of the New Right. It reviews various literature that illustrates the contemporary IR relevance of the book and Fox's insights.FindingsThe New Right’s ideology has further fragmented work, disjointed labour rights and undermined collective industrial relations institutions, and macho mismanagement praxis is even more commonplace, compared to when Fox wrote Man Mismanagement. The stripping away of the institutional architecture of IR renders the renewal of pluralist praxis, like collective bargaining and other forms of joint regulation of work, a formidable task.Originality/valueThe value of the article relates to the identification of dramatic historical industrial relations events and change in the UK in Alan Fox's book Man Mismanagement, most notably relating to the rise to power of the Thatcherite New Right in 1979. Originality is evidenced by the authors’ drawing on Fox's ideas and assessing the implications of the “second wave” of the New Right in the contemporary industrial relations (IR) context of the 2020s under the conceptual themes of fragmented work, disjointed labour rights and undermined collectivism.

Editorial Note

The primary theme of the issue is “Community-centric enterprises with Sejahtera principles.” This issue provides an opportunity to analyse the integration of community-oriented ideals across various backgrounds and sectors. The editorial seeks to bring together insights from these scenarios, enabling readers an in-depth perspective on the implementation of these concepts across numerous contexts.&#x0D; These lessons, encompassing technological advancements, social entrepreneurship, volunteer management, and labour rights, collectively demonstrate the importance and relevance of Sejahtera principles in multiple industries. Each narrative provides a distinct viewpoint on how organisations and businesses could apply these concepts to promote the well-being of the community, implement sustainable practices, and achieve comprehensive growth. This editorial seeks to motivate readers to adopt these principles in their endeavours, so making a positive impact on a world that is characterised by more harmony, longevity, and fairness.

The current state of legal protection of the labor rights of employees in case of insolvency of the employer or change of owner of the legal entity

The article is devoted to the study of legal support for the protection of labor rights of employees in case of insolvency of the employer or change of the owner of the legal entity in today’s realities. After all, employees are one of the least protected subjects of labor relations, and therefore they need guarantees of protection of their rights from both the employer and the state. Especially today, when the impact of the financial crisis on the economy of Ukraine, as a result of the war with the Russian aggressor, led to the unstable state of the state, most enterprises, organizations and institutions found themselves in a difficult financial situation, which in turn negatively affected the social and material security of employees. Therefore, the priority area becomes the protection of labor rights of employees and their social position, in particular in case of insolvency of the employer or change of the owner of the legal entity. Current and projected regulatory legal acts in the field of protection of labor rights of employees in case of insolvency of the employer or change of owner of a legal entity, court practice regarding labor disputes related to dismissal under Clause 1 of Art. 40 of the Labor Code of Ukraine. It was concluded that Ukraine, as a state that aspires to membership in the European Union, should also pay attention to the issue of protecting the rights and interests of workers as subjects who ensure the well-being of their families through their own work. Since the protection of labor rights of employees is an important component of a democratic, legal and social society. Especially today, when the problem of unemployment in Ukraine is growing, persons who have lost the opportunity to work should be socially protected. At the same time, in addition to making changes to labor legislation, adopting new laws in this area, there must be clearly developed mechanisms for their implementation.

Critical theories of law and the formation of women's labor rights

Feminism as a social movement presents countless expressions and forms of action and the same is seen in its relation to Law. The feminist critique of the Law is vast and plural, presenting different ways of interpreting it, either as a tool of struggle for women, or as a maximum expression of women's subordination in the patriarchal logic. Thus, in view of the different points of view observable in the development of feminism, from the beginning of the 20th century, we will seek to identify the forms of action of the Brazilian feminist movement in relation to the labor norms in formation at the time, bringing up women and his actions that disputed the meanings of the regulation of labor relations proposed by Getúlio Vargas from 1930 onwards.