Labor Disputes Research Articles

DISCIPLINARY LIABILITY IN CONNECTION WITH THE EMPLOYEE’S GUILTY ACTIONS

This research provides a detailed comparative analysis of the number of labor disputes and the evolution of Kazakhstan’s labor discipline legislation. Key observations include the correlation between stringent disciplinary norms and reduced unemployment, the influence of judicial practices on labor dis-cipline, and the necessity of balancing strict discipline with fair treatment to prevent legal disputes. The findings offer valuable insights for optimizing labor policies to support sustainable labor market develop-ment in Kazakhstan. These insights align with the goals of SDG 8, which promotes sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all.The purpose of this paper is not only to analyze the current state of the labor market in Kazakhstan but also to propose recommendations for optimizing labor policy, taking into account both current challenges and potential opportunities for sustainable development of the labor market in the country. Based on a wide range of data, including statistical indicators range of unemployment levels, legislative changes, and analysis of judicial practice, we aim to identify correlations and cause-and-effect relation-ships between labor discipline and market indicators.

The many shades of intolerability in the workplace

The notion of intolerability traverses several workplace decisions. However, its meaning in the law is far from linear, and its significance varies, particularly when considering three primary dismissal-related scenarios: the meaning of dismissal; the general threshold for dismissal (also in the case of first offences); and the barriers to reinstatement in the case of unfair dismissal. This article restates established principles concerning labour dispute resolution, particularly those relating to onus and review standards and the role of breach of trust in employment relations. Drawing on recent jurisprudence, the article revisits the assumed role of intolerability and explores its nuanced impact on decision-making processes. In particular, the article demonstrates how the burden of proof and applicable review standards in the case of each of these dismissal-related scenarios can transform an ostensibly neutral term into a kaleidoscope of shades and meaning, with far-reaching implications in the workplace.

Obstacles and Opportunities for Labour Dispute Resolution Using Videoconferencing Technology

Obstacles and Opportunities for Labour Dispute Resolution Using Videoconferencing Technology

A Review of the Implementation of Dispute Settlement of Indonesian Migrant Workers Placement by the Central Java Provincial Labor Dispute Settlement Service Center

A Review of the Implementation of Dispute Settlement of Indonesian Migrant Workers Placement by the Central Java Provincial Labor Dispute Settlement Service Center

Resolution of Individual Labor Disputes by Court Method – Theory and Practice

Individual labor disputes are objective issues of industrial relations and the labor market. The more diverse and rich industrial relations are, the more labor disputes arise and increase in number. Understanding this, in recent years, our Party and State have always paid attention to improving the legal institutions on labor in order to create a harmonious, developed and modern labor market, especially the issue of building and improving the law on resolution of labor disputes in general and individual labor disputes in particular.

Effective strategies for resolving labour disputes in the corporate sector: Lessons from Nigeria and the United States

The relationship between an employer and employee though governed by various laws and regulations can still at some point witness some disagreements and dispute. Labour disputes are not uncommon neither are they peculiar to a particular industry in a country. Usually, trade disputes are hinged on agitation of employees for compensation, good working conditions, job stability and agitation against unlawful termination or dismissal of from service. Over the years, employees have adopted different ways to exhibit their discomfort and grievances in order to convey their message such as strike actions, peaceful protest and so on. There’s no doubt that these disputes will drastically reduce the level of productivity and overall beneficial impact of the industries in the economic growth of the country. Hence, there’s a need to adopt strategies for resolving these labour disputes. Some industries have applied round table discussions, arbitration, mediation, collective bargaining as well as grievances remedial processes. This work will provide an overview of the causes of disputes in the corporate sector, examine the features of the Nigerian and United States disputes resolution system and also juxtapose the strategies for resolving labour disputes in the two countries. Furthermore, it will provide recommendations to effectively addressing labour issues within the business sector.

Professional and legal requirements for a mediator in resolving individual labor disputes in Ukraine

The aim of the work is to analyze the qualifications and ethical requirements for a mediator, considering the peculiarities of conducting mediation in individual labor disput. Philosophical, general scientific and special legal methods of cognition were used for the research.
 The article analyzes the qualification and ethical requirements for a mediator, taking into account the peculiarities of mediation in individual labor disputes. The personality of the mediator is an important element of the mediation procedure since the outcome of the mediation procedure largely depends on his attitude and behavior. First, the mediator should be a neutral third party who supports the parties to the conflict in reaching an agreement.
 The tasks of the mediator include: establishing contact between the parties, providing the possibility of mediation, moderation, mediation in negotiations between the parties, accepting their positions, advising the parties on possible solutions, providing explanations, assistance in drawing up a settlement agreement.
 In our opinion, the successful performance of these tasks depends on proper preparation and the availability of special skills. Due to the specificity of the mediator’s qualification work, significant requirements are put forward. Thus, the issue of professionalism is ensured by the acquisition of high-quality professional education, and the presence of appropriate moral and ethical qualities and experience.
 The article proves that the mediation procedure for solving an individual labor dispute will be more effective with a mediator knowledgeable in the legal field, who understands the legal nature of the labor dispute. The mediator, understanding the legal consequences of the decision made, can direct the parties to make a decision that fully satisfied them and did not contradict the law, and help with the drafting of a mediation agreement. We believe that a mediator with a legal education excludes the additional involvement of a lawyer when resolving an individual labor dispute.

Peculiarities of Labour Rights Protection in the Case Law of the European Court of Human Rights

The practice of defence of labour disputes is quite dynamic. That is why the analysis of labour rights protection in the European Court of Human Rights (ECtHR) is quite relevant. The purpose of the study is to analyse the current case law of the European Court of Human Rights on the protection of labour rights; to analyse the ECtHR's interpretation of the concept of forced labour and the right to form trade unions; to summarise the problematic issues of the ECtHR's case law in the field of labour rights protection and ways to resolve them. The methodological basis of the study is general and special methods and techniques of cognition. The article substantiates that one cannot complain directly to the ECtHR about deprivation of the opportunity to work, denial of access to the workplace, or refusal to hire. The European Convention explicitly states only 2 rights: the right to form and join trade unions and the prohibition of forced and compulsory labour. The author explains the concepts of forced labour and the right to form trade unions and outlines the problematic issues of the European Court of Human Rights case law in the field of labour rights protection and ways to resolve them.

Individual labor disputes: certain issues of resolution

The article is devoted to the actual issues of individual labor dispute resolution. In particular, the author draws attention to the fact that in connection with the armed aggression of the Russian Federation, quite a large number of workers found themselves in a situation of forced migration, and some enterprises remained in temporarily occupied territories or faced the problem of the impossibility of relocation, which causes problems in the normal development of labor relations between the employee and the employer.
 An analysis of the current labor legislation and the existing approaches in the legal literature regarding the procedure for resolving individual labor disputes was carried out.
 The author highlighted the following reasons for labor disputes, including reduction of the main staff, changes in existing working conditions, dissatisfaction of the employee with the existing level of remuneration and others, in particular, and the martial law, which caused a number of reasons that impact on the occurrence of labor disputes - suspension of labor relations, the relocation of enterprises from the occupied territories and the impossibility of ensuring the safety of workers, downtime. These obstacles cause the problems in the relationship between the employer and the employee, resulting in the employees being forced to defend their rights.
 Conclusions were made by the author that, to date, the labor legislation of Ukraine ensures the implementation of the right to protect the rights of employees in individual labor relations in the pre­trial (commissions on labor disputes and through mediation) and the judicial procedure. It should be noted that an attempt was made by the legislator to regulate labor relations during the legal regime of martial law by adopting the Law of Ukraine «On the Organization of Labor Relations in the Conditions of Martial Law», but it did not define the issues related to the resolution of individual labor disputes, as well as the practice of its application provisions to date is ambiguous, which is confirmed by a number of court cases.

Current state and prospects of determining the judicial jurisdiction of labor disputes

The article analyzes the current state and offers prospects for determining the judicial jurisdiction of labor disputes. Since in practice the question arises as to which court should be addressed to resolve a labor dispute, since there are no specialized labor courts to date. After all, if citizens turn to a court that is not competent to consider a dispute, then the consequences will follow, such as a refusal to open a proceeding or an already opened proceeding is closed due to the fact that the dispute is not subject to consideration in the jurisdiction of this particular court. And that's why issues, in particular, with the determination of the jurisdiction of cases in the field of labor relations, are becoming important. It is noted that the issue of jurisdiction of disputes in the field of labor law has always been controversial in the judicial system. First of all, this is due to the fact that labor law includes not only relations arising from the employment contract, but also from imperative norms, such as the work of civil servants, prosecutors, judges, policemen, diplomats, etc. A conclusion was made regarding the need to regulate in labor legislation, taking into account the practice of the European Court of Human Rights and specialized (labor) courts of the European Union, the issue of judicial jurisdiction, providing for a legal norm that would establish clear criteria for determining and delimiting judicial jurisdiction during the resolution of disputes regarding protection of labor rights. Also, in the future, one of the directions of expanding the rights of employees to judicial protection in Ukraine should be the creation of specialized labor courts. Since, in comparison with courts of general jurisdiction, specialized labor courts provide participants with a number of advantages: qualified consideration of the case; the review procedure is devoid of many formalities inherent in the civil process; speed and cost-effectiveness of dispute resolution.

FAIR APPROACH IN INDIVIDUAL LABOR DISPUTE RESOLUTION IN VIETNAMESE COURTS

This article presents the legal and practical basis for resolving individual labor disputes in Vietnam, from the application of law to conciliation and arbitration practices. Important principles such as respect for the right to self-determination, negotiation, conciliation, and arbitration as well as the principle of the provision of evidence and the burden of proof are discussed in detail. At the same time, the article also highlights the role of courts in ensuring fairness and objectivity in the resolution process, along with challenges and limitations that need to be overcome. This underscores the importance of continuing to improve the labor and procedural legal system in Vietnam.<p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/soc/0018/a.php" alt="Hit counter" /></p>

THE EFFECTIVENESS AND VALUE OF USING ALTERNATIVE DISPUTE RESOLUTION MECHANISMS TO PREVENT OR RESOLVE LABOR DISPUTES AT AN EARLY STAGE

The development of effective mechanisms for the prevention and/or alternative resolution of labor disputes is one of the challenges of the Labor Code of Georgia. It should be noted that in 2020, in order to bring the legislation closer to the recommendations and standards of the International Labor Organization (ILO), as well as to the directives of the European Union, a number of changes were made to the Labor Code of Georgia, including regarding the prevention and/or alternative resolution of labor disputes. Despite the changes, the issue of the effective use of labor dispute prevention and/or alternative resolution mechanisms in practice is still questionable. The article discusses the mechanisms of prevention and/or alternative resolution of labor disputes provided by the Labor Code of Georgia. The existing legislative gap in this direction is highlighted. Based on the review of international legislation, effective mechanisms for the prevention and/or alternative resolution of labor disputes are proposed.

Health Sector Industrial Labour Troubles in Nigeria: Implication for Leaders and Other Stakeholders

Nigeria’s health sector has been challenged with frequent industrial labour troubles, commonly called strikes. Industrial labour disputes are the existence of incompatibility of goals, interests, and values of different persons or groups in an organization. Several causes have been identified for the strikes in Nigeria. This review focuses on the various causes of industrial troubles in Nigeria, and the consequences of the industrial action on the stakeholders. Causes were identified as: poor administration, incompetent leaders, the failure of government to keep the agreement that was signed with the unions, poor funding and poor infrastructure in the health sector, and supremacy challenge between doctors and other health workers were identified amongst other factors to be the cause of strikes in the Nigerian health sector. Unfortunately, patients were the greatest affected during these strikes, especially when the public health facilities were shut down and the patients were discharged to go home or moved to other private hospitals.

Problematika Proses Mediasi Ketenagakerjaan Ditinjau dari Aspek Keadilan (Studi pada Disnakertrans Jawa Timur)

Mediation is an important element in the alternative scope of labor dispute resolution in Indonesia as well as the mediator. There fore in 2016, PERMA No. 1 of 2016 regarding mediation procedures issued by the government. The settlement of labor disputes in the form of industrial relations between workers and employers of a company which is usually processed at the Manpower and Transmigration Service (Disnakertrans) is also certainly mediated by a neutral party, namely a mediator. The mediator himself is indeed very necessary in this process. Even so, the mediator in carrying out his work will definitely encounter obstacles along the way which will hinder his various duties and authorities, especially in his activities. We have to study these obstacles together so that they don't happen again in the future and can be minimized in such a way. And this of course refers to the laws and regulations related to mediation that the mediator relies on. These obstacles not only hinder the mediator but can also interfere with both parties to the dispute. In this journal, we conduct an in-depth analysis and study of the obstacles encountered in the mediation process, especially labor mediation. Through this research, we were able to find out the implementation of mediation in the East Java Province Manpower and Transmigration Agency. Apart from that, we also identify and analyze some of the common obstacles faced by mediators from the aspect of justice.

Badania kryminalistyczne jako narzędzie w mediacji. Geneza i perspektywy rozwoju w kontekście stanu wojennego i powojennej odbudowy Ukrainy

The study explores justice, forensic examination and mediation from the time of their genesis to the present day. The article analyzes historical examples of the application of forensic examination within the mediation process from the Ancient East and Antiquity to the 20th century, as well as the processes of establishing the legitimization of forensic examination (from the end of the 19th century) and mediation (from the end of the 20th century) in Ukraine and abroad. Attention is paid to the prototypes of forensic examination in the times of Kievan Rus, the Principality of Galicia-Volhynia, the Grand Duchy of Lithuania, the Cossack State and the entry of Ukrainian lands into the Austro-Hungarian and Russian empires, as well as the emergence of forensic examination before the First World War and during the Ukrainian Revolution and the expansion of the Bolsheviks and the establishment of Soviet power. The formation of regional offices (1923) and later institutes of scientific and forensic expertise (1925) in Kyiv, Odesa and Kharkiv is studied. The article reveals the peculiarities of the development of forensic examination within the establishment and legitimization of the mediation procedure in independent Ukraine. The provisions of the current legislation on forensic examination and mediation are analyzed. The authors substantiate the prospects of using the results of forensic expert activity for the application of mediation procedures in the settlement of disputes through negotiations between the parties using the conclusions of forensic experts. The authors identify the most promising types of forensic expertise for the mediation procedure (economic, commodity, construction, intellectual property, etc.). The authors determine the prospects for mediators to use expert opinions not only in family, labor, civil, commercial and administrative disputes, but also in criminal cases during martial law and post-war revival of Ukraine.

Examining the recent strike wave in the UK: The problem with official statistics.

In the UK, there has been a significant increase in strike activity since the summer of 2022. Due to these increased levels of strike activity, it is logical for academics and policy makers to turn to the official data on labour disputes to help us understand what has been happening. Strikes remain of core sociological interest, yet are under researched in this journal. This research note briefly examines the recent strike wave in the UK drawing on data from the Office for National Statistics. The limitations of these data are outlined before consideration is given to other potential sources of data on labour disputes.

Labor Rights and Dispute System Design: Assessing the Legal Legacy of the 2022 Qatar World Cup

AbstractThe aim of this paper is not to relitigate Qatar’s human rights record but to assess the effectiveness of its labor reforms: the principal concern is dispute resolution and enforceability. While Qatar instituted a broad suite of labor law reforms in the years preceding the World Cup, questions remain about whether they have improved access to justice for migrant workers. More attention needs to be given to the dispute settlement system established by Law No. 13 of 2017 to assess if new legal norms translate into enforceable rights. It is argued that the labor dispute system has largely failed by not taking into account the circumstances that define the employer-employee relationship in Qatar, especially the stark imbalance in power. While reforms might endure at the level of formal law, the dispute system will fail to deliver genuine justice to workers unless it is refashioned.

Será a arbitragem um instrumento adequado de solução de conflitos trabalhistas?

The study delves into the Adequate Means of Conflict Resolution, especially in heterocompositive media with a focus on Arbitration, in order to propose its application for the solution of disputes in the labor sphere. The main objective, then, from the hypothetical-deductive methods, of literature review and jurisprudential analysis, what will be debated is the real possibility of applying Arbitration for the solutions of labor disputes, putting an end to the interminable stirs that trigger procedural problems structured and burdensome to the parties and to the State, as holder of the Jurisdiction. The construction of a free, fair and solidary society involves the construction of solid social rights that emanate from the Law and that make these rights effective, reaching a reasonable duration of the process also in labor disputes, considering that salary and indemnity funds have a food nature. According to the final considerations, arbitration, in this sense, is also properly applied as a viable solution to individual and collective labor issues.

Internal Migration Policies in China: Patterns and Determinants of the Household Registration Reform Policy Design in 2014

AbstractThis study exploits rich data sources to investigate city-level patterns of internal migration policies in response to the reform of Chinese household registration and the economic, political and sociocultural determinants that drive policy approaches. First, we collected and systematically coded policy documents from 231 cities. Cluster analyses showed that the majority of cities (63%) adopted less lenient selection policies while offering integrative social welfare policies. Rights to internal migration remain selectively granted in China, yet rights to welfare have become more equitable than they were in the past because of the reform. Second, multinomial regression analyses showed that economic development and growth are related to selection policies that are more lenient towards high-skilled migrants, whereas top-down controls of superior governments, local politicians’ characteristics (e.g. tenure concerns and hometown favouritism) and migrants’ sociocultural environments (e.g. pre-existing labour disputes) account for both selection and integration policies.

Mediation Techniques in Labor Conflicts

In the event of a labor dispute, the employer and the employee can resort to mediation. Mediation is an alternative way to the court that aims to resolve the confl ict between the parties amicably, with the help of a third person, namely the mediator. The purpose of this work is to inform the citizens of the Republic of Moldova about mediation techniques in the resolution of labor disputes. The alternative solution of civil cases was the object of analysis in reports devoted to the effi ciency and modernization of justice, being concerned that judges and lawyers in Moldova are still not prepared for the use of this method. The author set himself as an object: the popularization of labor dispute mediation techniques; raising public awareness of the benefi ts and advantages of mediation, the activity of a mediator, international practices and the complexity of the fields in which mediation can be used; increasing public confidence in the mediation process and its effects. Mediation techniques are those that allow us to go to the root of the problem and solve it more or less quickly. One of the most important functions of the personnel department is the resolution of labor conflicts, which will ensure a good working environment. Mediation means finding an agreement acceptable to the parties, but not ensuring justice. Labor conflicts generally concern aspects related to the continuation, termination, execution of an individual employment contract. Another category of conflicts concerns collective labor contracts. The third category concerns workplace conflicts that arise between colleagues or departments. Mediation offers the possibility of resolving these conflicts in a short time, turning an unfavorable situation into a new opportunity and finding long-term solutions.