Labour Inspection Research Articles

Penegakan Hukum Administrasi Terhadap Pengusaha Yang Tidak Membayar Upah Pekerja Yang Diskorsing Pada Proses Pemutusan Hubungan Kerja Dalam Penyelesaian Perselisihan Hubungan Industrial

Introduction: Employers can take action to suspend workers/laborers who are in the process of being laid off by continuing to pay wages and other rights that workers/laborers usually receive.Purposes of the Research: To analyze the absence of supervision and the imposition of administrative sanctions, triggering the non-compliance of employers related to the obligation to pay workers' wages while suspended.Methods of the Research: The method used to analyze and discuss this problem is Normative Juridical. The problem studied in this research is regarding the government's authority to supervise and provide administrative sanctions to employers who do not pay wages for suspended workers.Results of the Research: The research results show that the government has the authority to carry out supervision and provide administrative sanctions to employers who do not pay the wages of suspended workers based on data from the Manpower Service and the results of supervision carried out by labor inspectors.

Legal Protection Of The Employment Relationship Created By The Company Employers With Outsourcing Companies (Outsourcing) According To Government Regulation In Lieu Of Law Number 2 Of 2022 About Job Creation In Medan City

The problem raised in this paper is how the working relationship is made with the form of outsourcing (outsourcing) according to Perppu No. 2 of 2022 on job creation in Medan City, rights and obligations of outsourcing companies based on Perppu No. 2 of 2022 concerning job creation in Medan City, supervision by the Manpower office and sanctions for outsourcing companies that do not implement statutory provisions against workers. The method used in the discussion of the formulation of the problem is normative and empirical juridical law research by examining and analyzing using primary data and secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The working relationship between the outsourcing company and the workers/laborers employed is based on PKWT or PKWTT. This means that outsourced workers are linked to employment agreements made with employers based on provisions regarding PKWT or PKWTT. Rights and obligations describe a legal relationship between workers and the company, where both parties are equally bound by a mutually agreed labor agreement. Supervision of the implementation of this regulation is carried out by the Labor Inspectorate known as the Department of Labor. In addition, the Manpower office can also impose administrative sanctions for violations committed by outsourcing companies.

Governing Labour Relations Despite the Law: The Routine of Labour Inspection (Dakar)

This article is based on a series of observations made in the offices of the Dakar Labour Inspectorate between 2020 and 2023 and describes how labour is regulated by the inspection agents. The recent developments in the Labour Code deprived the department of virtually all its sanction powers, and the authority of labour inspectors depends on their ability to maintain people's belief in their power rather on than their actual powers of punishment. The work of inspection agents is a function of the law, of course, but it is also the product of the dynamics of the interactions among these agents, workers and employers. This is the only way the state can hope to impose its authority on the heart of labour relations.

Oględziny miejsca wypadku przy pracy - cz. 3

This publication is the third and last part of the article systematizing the practical aspects of conducting inspections of workplace accidents. It presents in detail the issues of conducting inspections of places of this type of events. Particular atten-tion was paid to the role of the prosecutor in ensuring the proper course of this evidentiary and forensic activity. It also outlines the tasks that lie with the employer and the post-accident team appointed by him in the event of such events. Actions taken by inspectors of the National Labor Inspectorate in the event of such events are also discussed, emphasizing the need for cooperation of investigators with representatives of this service during the inspection of accident events.

Efektivitas Pengawasan Pemerintah terhadap Perizinan Tenaga Kerja Asing Menurut UU No. 13 Tahun 2003: Analisis Yuridis Normatif

Ideally, government supervision of foreign worker (TKA) permits, in accordance with Law No. 13 of 2003, should be carried out optimally to prevent violations. However, in reality, there are still many violations in the field, highlighting a gap between legal provisions and implementation. Issues arising from this gap include a lack of labor inspectors and weak coordination with relevant agencies, leading to the proliferation of illegal foreign workers. This study aims to analyze the effectiveness of TKA permit supervision from a normative juridical perspective. This article falls under the category of literature research with a qualitative approach. The methodology used is a normative legal study of labor-related regulations. The results of the study conclude that although regulations provide a strong legal foundation, the implementation of supervision in the field still needs to be improved through the enhancement of human resource capacity and inter-agency coordination to achieve the desired effectiveness.

Compliance measurement and labour regulation enforcement: a randomized field experiment

ABSTRACT Labour regulation matters for the economy. But measuring firms’ compliance with this regulation poses significant challenges as inspections, enforcement, or reporting might be correlated to compliance risk factors of each firm. We propose estimating the compliance rate by a randomized controlled trial (RCT) of standard labour inspections. We run the experiment on small and medium firms (SME) in Chile. We estimate a non-compliance sanction rate of 13%. Our results are robust to various alternative estimation methods. Additional results look at the effects of enforcing labour laws, showing no significant differences on firms’ growth; neither on the intensive (employment and sales) nor the extensive margin (exit). Nonetheless, the experiment had limited power for these additional results. Our methods and results matter for the monitoring and enforcement of labour policies.

Transgovernmental Labour Standards Enforcement in a Pan‐European Labour Market: An Arms Race Between Institutional Alignment and Regulatory Arbitrage

AbstractTransgovernmental co‐operation is an important European Union (EU) regulatory method, but it imposes transaction costs on the organizations involved. Regulatory requirements under conditions of European free movement drive transgovernmentalism, but transaction costs also shape transgovernmental regulation and regulatory outcomes. We investigate co‐operation around labour standards regulation for posted construction workers, focusing on bilateral co‐operation of labour inspectorates between Estonia and Finland and comparing it with co‐operation efforts between Poland and Finland, and Ukraine via Poland to Finland. The shifting patterns of labour mobility and employer efforts to recruit from less regulated sources mean that investment in bilateral relations can be undermined by the dynamic character of the pan‐European labour market. This article contributes to debates on EU regulatory governance by showing how transaction costs from co‐operation can decrease the effectiveness of transgovernmental network‐based governance; in the case of labour regulation, employers exploit this to undermine the effectiveness of labour inspection co‐operation.

Preventing Practices of Manipulating Accident Data in the Coal Mining Sector Using Mobile Applications in East Kalimantan, Indonesia

Objective: The practice of manipulating data on work accidents and potential hazards still occurs, especially in the coal mining sector. A mobile application for reporting work accidents and potential hazards is required so that data manipulation practices can be prevented.Material and Methods: The research design used was exploratory, which aimed to introduce and explore the capabilities of the SIKAP mobile application (Information System for Occupational Accidents, Occupational Diseases and Potential Hazards) to prevent data manipulation practices. Researchers involved thirty coal mine workers, using the SIKAP application, which had been tested on three information systems experts using the black box testing method. Results: Every worker had the opportunity to report work accidents and potential dangers via the SIKAP application on the worker’s account. Companies can receive and follow up on worker reports via the company account. Regional governments in the field of labor development and inspection can monitor reports through government accounts. The SIKAP application is integrated and synchronized between workers, companies and the government.Conclusion: The SIKAP application is able to prevent the practice of manipulating work accident reporting data and potential hazards in the coal mining sector.

Strategic labour inspection in fissured workplaces and transnational employment relations: Lessons from co-enforcement approaches and transgovernmental cooperation

This paper examines strategic enforcement approaches relying on co-enforcement and transgovernmentalist. It examines three cases in the construction industry in Austria, Asturias (Spain), and Poland, as well as three cases in maritime shipping in Finland, Spain, and Poland, focussing on Labour Inspection’s (LI)s motivations for engaging in co-enforcement and transnational cooperation. Data collection involved desk research, semi-structured interviews (39 construction and 14 in maritime), observation of inspections, and participant observation in EU seminars we organised together with regulatory actors (specific details are provided in the appendix). Findings show that LI’s selection of co-enforcement and transnational alliances are driven by the specific and highly contingent challenges each organisation faces. LI organisations are seeking to exploit synergies, but both the material reality and perception of these depends on diverse pre-existing infrastructures and organisation-specific assets.

Standardisation of Work Agreement between Indonesian Fisheries Crew and Foreign Companies

Modern slavery of fisheries crews in fishing industry is not new in Indonesia. One of the cases is the enslavement of Indonesian fisheries crews on the Long Xing 629 ship. The problem of slavery that befell the crew of the ship had arisen since the recruitment process, therefore it requires the standardisation of labour inspection and government firmness to implement the agreement on standardisation that is made between prospective Indonesian fisheries crews and foreign companies wishing to employ them. Based on these problems then this research aims to analyse how standardisation of work agreements between prospective Indonesian fisheries crews and foreign companies is carried out, and to test whether the work agreement between prospective Indonesian fisheries crews and foreign companies is in accordance with the standardisation in International Law and Indonesian national law. The research method used in this research is normative juridical method. The results of this research indicate that standardisation of work agreement between Indonesian fisheries crews and foreign companies is regulated in some conventions and national regulations. The terms of the work agreement for the fisheries crews must contain the identity of the fisheries crews, the amount of wages, facilities, accommodation for the fisheries crews on the ship, working conditions for the fisheries crews, rest periods, days off, and annual leave, and the placement of workers in accordance with the agreement that has been signed. Based on The Verdict No. 100/Pid.Sus/2020/PN Tgl. and the Verdict No. 22/Pid. Sus /2021/PN Tgl., which discusses the court process of Ki Agus Muhammad Firdaus and Muammar Kadafi, it shows that Indonesian fisheries crews are placed in work that is not in accordance with the agreed and signed work agreement and is not up to standard.

Constitutional safeguard research of female equal employment right in China- Based on the perspective of empirical investigation

Employment is the foundation of people's livelihood. As a basic human right, the right to equal employment has always been a top priority for constitutional protection. Female workers are an important part of the economy and society, and their equal employment is an important catalyst for economic development. Women's right to equal employment is an important element in realizing women's personal and social values, as well as an important element of the State's efforts to build a harmonious society. Compared with the early days of the founding of the People's Republic of China, the protection of women's equal rights in employment has made great progress. However, the influence of history, culture and traditional concepts still lingers, and the burden of women's maternity has aggravated the invisible discrimination in employment, while the newly released "three-child" policy has also had a certain impact on equal employment. The phenomenon of women being discriminated against in employment is still not uncommon. Therefore, this paper explores the problems, countermeasures and future development direction of the protection of women's right to equal employment in China from the system of protection of women's right to employment in China's Constitution and other laws and judicial practice. On the one hand, China should improve the existing laws and regulations, improve judicial procedures, define the criteria for determining discrimination in employment, and formulate a special anti-discrimination law; on the other hand, we should strengthen the law enforcement mechanism, and set up a specialized labor inspection and enforcement agency to protect equal employment and a more pro-employment “Equal Employment Commission”.

Prevention of Occupational Accidents and Occupational Diseases with Supervised Machine Learning Algorithms: Different Sector Applications

Abstract − The Occupational health and safety is a discipline that prevents work accidents and occupational diseases with a proactive method. For employee health, countries have legal responsibilities within the scope of international conventions, and employers have national responsibilities. It is obligatory for employers to carry out risk assessments, provide occupational safety trainings, carry out inspections, employ occupational safety specialists and workplace physicians, and record all work regard work safety. In countries, inspections are carried out with labor inspectors and private companies provide occupational safety services. However, it is difficult for the authorities to monitor occupational safety in large industrial facilities such as petrochemicals and refineries, where the flow of workers, materials and work equipment is too much and very fast. As workplace capacity, number of employees and material flow increase, the type and number of work accidents and occupational diseases also increase. Artificial intelligence technologies facilitate these follow-ups. The purpose of this article is to investigate the proactive prevention of the factors that cause work accidents and occupational diseases with supervised machine learning algorithms in different sectors. A literature search was conducted on sciencedirect, scopus, googlescholar databases. It has been examined what kind of algorithms are used in which sectors. According to the studies in the literature and applications in different sectors, the data collected with sensors and stored with cloud computing are fed to the relevant supervised machine learning algorithms that have been trained and tested before, and the factors that cause work accidents and occupational diseases are determined in advance. In addition to sound, image, health, location and environment data, physical parameters such as distance, level and pressure are monitored instantly with sensors. Managers are warned when a dangerous situation or behavior is detected in and threshold values are exceeded. In addition to employee and vehicle location tracking, predictive maintenance is provided by monitoring the performance of work and production vehicles. With the decrease in occupational accidents and diseases, occupational safety performance increases and costs decrease.

Ergonomics in the Polish Business Environment

Theoretical background: Economic processes, the COVID-19 pandemic, evolving technology and aspects of demographic change including, above all, an “ageing population” remaining on the labor market have brought about dynamic changes in many canons, beliefs and areas of activity for businesses and economic organizations. In line with the idea of humanocentrism and nurturing human capital (its knowledge and experience), companies are looking for new organizational and technological solutions, whose main objective is to ensure safety and quality of work. One of the techniques/sciences that integrate the achievements of many sciences humanizing the working and living environment so that it is friendly to the psychophysical and social needs of the user is ergonomics. Ergonomics is the science that deals with the adaptation of technology (machines and tools) and working conditions to the specific needs of the user, and through its multidisciplinary and multifaceted nature has many meanings, roles and characteristics. Purpose of the article: The aim of this article is to answer questions related to the ergonomic activities of Polish enterprises and its application in practice. What does ergonomics give them? What is the source of inspiration in carrying out ergonomic activities? What is the purpose of conducting ergonomic activities? What is the essence and role of ergonomics in their business operations? Research methods: In this article, based on literature research conducted by the European Statistical Office (Eurostat), Social Insurance Institution (ZUS), National Labour Inspectorate (PIP) and Statistics Poland (GUS), two authoritative questionnaires were created (under expert supervision) to investigate ergonomic activity in the Polish business arena. The first questionnaire was sent to 15,000 enterprises and searched for ergonomic activity in the business arena. The second questionnaire was sent to a narrower group of ergonomically active enterprises, which provided answers to 100 open and closed questions. The survey was conducted between 2020 and 2022. Main findings: All three research assumptions were successfully achieved. Businesses were found, investigated and conclusions reached. Selected results from the questionnaire survey are presented in tabular form. The surveyed respondents, representatives of various business sectors of micro, small, medium and large enterprises, unequivocally stated that, in their opinion, ergonomics helps to modernise machinery and technology. In addition, ergonomic activity brings them closer to complying with current standards and legislation, thus, having a positive impact on quality, health and safety aspects. Ergonomic activity also gives entrepreneurs the opportunity to increase productivity, efficiency and work performance. Seeking ergonomic inspiration also contributes to increasing the potential of the knowledge economy.

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.

Causes of child labor and working conditions in Ethiopia: evidence from temporary inter-rural child labor migrants from Sekela district

Child labor migration is a critical issue that has received limited attention from academic and policy domains in many developing countries. This article analysis the causes of child labor migration and working conditions at the destination of temporary inter-rural child labor migration from Sekela district, Northwest Ethiopia. Mixed research methods is employed. Quantitative data is collected from randomly selected 204 respondents engaged in child labor migration. Focus group discussion, informal conversational interviews, and observation are also undertaken to gather qualitative data. Most child labor migrants participate in child labor migration due to localized economic constraints, which are reflected through a desire to have modern goods and cloth, food scarcity, and resource degradation. Also, the expansion of commercial farms at destination areas directly or indirectly due to the globalized market indicates that migrant children’s local labor cannot be delinked from material realities created by both national and international economic policy. The income from child labor migration supports children and their households’ livelihood, though it is at the expense of children’s education as well as exposure to worse working conditions at their destination in terms of exploitation, underpayment, malnutrition, breaching of an agreement by employers, and harassment. Hence, to exploit the benefits and minimize the risks, balanced measures should be taken at the origin and destination. Education programs should be supportive in increasing food productivity and assisting households to diversify their means of income by allowing them to participate in non-farm activities. It is also essential to the establishment of support groups in migrant destination places and the expansion of labor inspectorates who continuously supervise the safety of child labor migrants.

Role of Labour Inspector in Preventing and Overcoming Child Labour Exploitation: A Critical Review

Role of Labour Inspector in Preventing and Overcoming Child Labour Exploitation: A Critical Review

Legal Protection Against Discrimination and Mobbing in the Employment Relationship—Is It Still Effective?

Discrimination, harassment and mobbing are still a large problem on the Polish labour market. Despite growing awareness of how negative and dangerous these phenomena are, the scale of their occurrence is still not decreasing. At the same time, there is a significant discrepancy between the scale of the problem of mobbing, discrimination and harassment at work, as indicated by academic research and public opinion surveys, and the number of cases brought on this account in the labour court. This may be due to the complex legal nature of these phenomena and the difficulty in interpreting and proving the legal grounds for their assertion. The small role of the State Labour Inspection in this respect also draws attention. The aim of this article is to assess the legal tools for the protection of employees against discrimination, harassment and mobbing from the point of view of their actual effectiveness, paying particular attention to the powers of labour inspectors to control compliance with legal provisions in this area.

ACTIVITIES OF THE STATE LABOR SERVICE OF UKRAINE: STRENGTHENING OF LABOR STANDARDS, MONITORING OF COMPLIANCE WITH LABOR LEGISLATION AND INTERNATIONAL COOPERATION

An attempt was made to comprehensively analyze the activities of the State Labor Service of Ukraine as the central body of the executive power, its control and supervisory powers, the reform process, which should serve to increase the efficiency of its activities, the perception of the State Labor Service, first of all, not as a punitive, but as a service body, to change working conditions labor inspectors, implementation of international legal standards, in particular, in light of the implementation of the provisions of the Association Agreement with the EU. The mission of State Labor Service of Ukraine, as this body considers it, is to ensure declared (control over the registration of labor relations), safe (during the performance of work in all areas: from metallurgy to hospitals and schools), paid (timely and full payment of wages, compliance minimum size and minimum payment guarantees), as well as healthy (monitoring of medical examinations, the presence of harmful factors during working months) labor relations. This activity is primarily aimed at protecting the rights of employees, but, based on consultations with the parties to the social dialogue, it should also support the other side of labor relations - employers, by providing recommendations, advisory assistance, conducting voluntary audits, etc. The content of the main international norms, which contain standards regarding the activities of labor inspectors - ILO Conventions No. 81 and No. 129, as well as the Protocol of 1995 to the Convention on Labor Inspection of 1947 (No. 81) is analyzed, the need for their implementation into Ukrainian legislation is emphasized. The task of labor inspection, its status, organization and main powers of labor inspectors in industry, trade and agriculture, defined in these international normative acts, are given. An overview of the content and tasks of a number of international projects with the participation of the State Labor Service of Ukraine, as well as their main results, was carried out. Some issues of distinguishing between supervision and control, problematic issues of its implementation, and opinions of legal experts regarding ways to solve them are analyzed. The main modern problems in the field of labor relations as a whole are highlighted: still a high share of undeclared labor relations, which entails a number of problems for employees, employers and the state, the relocation of enterprises from the east of the country in connection with armed aggression against our state, the need to ensure healthy and safe conditions at the workplace, etc. The main shortcomings in the activity of State Labor Inspectors of Ukraine are outlined, in particular, heavy workload, low wages, limitations in activity caused by inconsistency of legislation.

Unraveling opportunism in platform-mediated work within the Nordic working life model: An institutional complexity perspective

The Nordic working life model (NWLM) promotes ‘good work’ on societal and workplace levels. However, this model is now challenged by emerging business models in the platform economy. This study investigates how digital labor platforms respond to conflicting institutional logics and how platform-mediated work intervenes with the inherent logic of the NWLM. The authors examine platform business strategies and their implications for working environment regulations, co-determination, and collective bargaining. Empirical data comprising 50 interviews with food delivery workers, platform managers, union representatives, employer association representatives, and occupational health and safety regulators from the Norwegian Labor Inspection Authority were analyzed by applying institutional complexity as a theoretical framework. The findings illustrate that a high degree of institutional complexity provides companies with discretionary space, which they utilize to achieve legitimacy and competitive advantages. The authors introduce the term institutional opportunism to describe how adaptation is performed. The study reveals that the platform economy, characterized by workers with limited experience of and knowledge about working life and strong market pressures, poses a challenge to the NWLM.

Membangun Kapasitas Tata Kelola Pengawasan Ketenagakerjaan Bidang Keselamatan dan Kesehatan Kerja (K3)

The issue of implementing national K3 labor inspection includes two main aspects, namely governance and capacity building. The two main issues relate to weak awareness of the importance of implementing OSHMS in the workplace, weak understanding of K3 as part of human rights, weak criminal sanctions related to K3, relatively low coverage of K3 supervision, overlapping technical K3 regulations between institutions, weak quality, quantity and competence of K3, as well as the lack of synergy and integration of the operational supervision system between the central and regional governments. The author analyzes empirical data and reviews previous research using a systematic flow prism framework, and juxtaposes it with the fundamental theoretical concepts of governance, capacity building and labor inspection. The results of the analysis produce a hypothetical framework for building capacity for labor inspection governance in the K3 sector. This requires strategic intervention in human resource capacity, organizations and institutions, as well as governance that needs to be jointly constructed on the basis of an agreement on the principle of joint involvement. So, during the management and implementation process, each stakeholder/actor can be adaptive, the system and implementation of supervision can be more effective and efficient, where continuity and feedback from the accumulated process can reduce the impact and influence of uncertainty and the dynamics of a dynamic workforce environment.