Labour Inspection Research Articles

Law Enforcement against Entrepreneurs who Conduct Criminal Acts to Pay Wages Under the Minimum Wage

This study aims to determine how law enforcement is carried out by labor inspectors against employers who pay wages lower than the minimum wage. The method used in this paper is sociological juridical. The conclusion of this paper is that law enforcement on the payment of wages below the minimum wage is carried out gradually through preventive educational efforts, repressive nonyustisia to repressive yustisia. It is hoped that through this process the employer can pay the lowest wage according to the minimum wage so that punishment is the last alternative (ultimum remedium).

Legal Protection For Workers/Medical Workers against Case of Diseases Due to Covid-19

The purpose of this research is to provide legal protection To find out and analyze all Medical Workers/Laborers affected by occupational diseases due to Corona Virus Disease 2019 (Covid-19) in Semarang City, they have obtained their rights in accordance with existing laws and regulations. The research method used is the sociological juridical approach method, descriptive analysis research specifications, the research data source uses primary data and secondary data, which includes primary legal materials, secondary legal materials and tertiary legal materials. Data analysis using qualitative analysis methods. The result is the government, through the Labor Inspectorate, needs to provide guidance and outreach to companies so that employers will understand and understand the benefits of Work Accident Security (JKK), which is very much needed during a pandemic like this, because medical workers/laborers are at the forefront of carrying out their duties to treat patients who have being exposed to COVID-19 must be protected by registering all medical workers/laborers in the BPJS Of Workers Work Accident Insurance (JKK).

OSH in the future: where next?

Since 2002 when the Community Strategy on Health and Safety at Work called on the European Agency for Safety and Health at Work to set up a Risk Observatory, EU-OSHA has worked to address the challenges presented by the changing world of work. As our society evolves under the influence of new technology and shifting economic and social conditions, our workplaces, work practices and processes are constantly changing. These new situations bring with them new risks and challenges for workers and employers, which in turn demand political, administrative and technical approaches that ensure high levels of safety and health at work. Changes that are underway due to digitalisation, for example, affect not only the tasks that make up jobs, but also the nature of work in terms of how it is organised and how it is managed and supervised. Digitalisation also provides important opportunities, whether through the automation of dangerous or monotonous tasks or facilitating the work of the labour inspectorate. Europe benefits from a comprehensive body of OSH regulations, but if the OSH challenges posed by the new world of work are to be managed and the opportunities realised, it is essential that social dialogue be at the centre of regulation, support and guidance, enforcement and monitoring.

Racists Beware

This contribution reflects on racism within the workplace from a labour law perspective. It deliberates on the approach adopted by the South African courts of law in dealing with the vexed issue of racism at work. In particular, this contribution focuses on the following themes: the relevant legislative framework, determining racism in the workplace, the nature and impact of racism at work, dealing with false accusations of racism, the use of racial slurs on social media, racism-related off-duty misconduct, and the dismissal of an employee at the behest of third parties. It concludes by arguing that racism in the workplace cannot and should not be tolerated. Furthermore, it is a broader societal problem that must be addressed by all stakeholders. Such stakeholders include employees, employers, trade unions, workplace fora, labour inspectors, the Director-General of the Department of Employment and Labour, and the Commission for Employment Equity. In dealing with racism, sight should not be lost of the fact that courts of law cannot unilaterally eradicate this scourge. South Africans from all walks of life have a role to play. After all, in as much as racism is taught, it can and must be unlearned.

Educational Need Assessment of Occupational Health Inspectors in Tehran province

Introduction: Today, improvement of a labor inspectorate is an indicator of a country's economic and social growth development. So, inspectors need to perform a level of competence, professional knowledge, and skills. Training should meet these particular needs.
 Methods: This cross-sectional study was conducted to assess the educational priorities over 80 occupational health inspectors in Tehran province. The study tools included an attitude questionnaire and a knowledge test in occupational health based on the instructions provided by Ministry of Health inspection. The reliability and validity of these tools were evaluated and confirmed by quantitative and qualitative (Delphi) methods by experts in each field.
 Results: The attitude of inspectors was in the desirable range (total score of 4.669). Knowledge status was low in all fields (in the 70% threshold) and very low in some cases. Regarding the educational priorities, chemical agents with an average of 4.121 and the lowest percentage of correct response were placed at the first priority of education. The sound and vibration with an average of 1.325 were laced at the seventh priority of education. Moreover, ergonomics, thermal stress, biological, and radiation were placed from the second to sixth levels of priority.
 Conclusion:
 Due to the low knowledge level of the studied participants and their abilities, these workers should be trained as inspectors in the realm of sound. To this end, continuous educational planning is required based on needs assessment studies.

Administrative mechanisms for resolving individual labour disputes in foreign countries

According to international labor standards, the labor-management system covers all public administration bodies responsible for and/or involved in labor-management, whether they are ministerial departments or government agencies, including semipublic, regional, or local agencies, or any other form of decentralized administration, and any institutional framework for coordinating the activities of such bodies and for consultation and participation of employers and employees and their organization. In this regard, dispute resolution mechanisms through administrative departments and agencies, labor inspections, and voluntary compliance are most pronounced. The purpose of the study was to conduct a comprehensive analysis of administrative mechanisms for resolving individual labor disputes in foreign countries; to draw conclusions about the effectiveness, prospects, and legal clarity of coordination of labor disputes. When conducting research the author relies on foreign doctrine, the practice of the subjects involved in labor relations, acts of foreign legislation. Research methods: a dialectical approach to the knowledge of administrative mechanisms, allowing analyzing them in their practical development and functioning in the context of coordination of labor legal relations. The comparative legal method and dialectics determined the choice of specific research methods: comparative and formal-legal. The functions, jurisdiction, and procedures of individual labor dispute resolution mechanisms and labor inspectorates are the subject of comprehensive research because of their effectiveness in protecting workers’ rights. The article provides a detailed comparative legal analysis of the specifics of dispute resolution through administrative departments and agencies, the role of labor inspections/law enforcement, and access to justice for workers in unclear or hidden employment relationships. On the basis of a large array of regulative sources, the author concludes about the importance of administrative mechanisms in the proper enforcement of labor laws abroad.

The influence of economic factors in the management of health and safety specific to SMEs

The first of the general objectives of the National Strategy in the field of health and safety at work for the period 2018 - 2020 in Romania was “a better implementation of the choice of occupational safety and health legislation, especially in micro-enterprises and SMEs”.In this context, this paper presents the main vulnerabilities of management in SMEs, where the occupational safety and health component has a formal role being strongly influenced by economic factors. The first part presents a statistical situation of the verification campaigns, carried out in the last 3 years by Labor Inspection, on how SMEs have implemented health and safety legislation in their activities, subsequently, an analysis is made of the economic factors that have limited the development of health and safety management. Finally, a cost-benefit analysis is presented on the economic consequences that occur in the event of an accident and / or illness that demonstrates the theory that economic factors influence the management of health and safety and health specific to SMEs both before and after an event occurs.

Radni odmos maloletnih lica u kontekstu ostvarivanja prava deteta na rad

Exercising the child's right to work requires a good legislative framework for labour relations and a set of conditions prescribed to ensure that the minors work in a way that does not harm their safety, health, physical, mental and moral development and does not interfere with their education. The aim of this paper is to consider both the international and national standards regulating the children's work and challenges in their application in practice. It also points out the necessary actions aimed at improving the position of the minors in the labour law environment. A special attention is paid to the issues related to the prohibition of discrimination against children in the field of work, the consent for employment including the regulation of the minimum age for employment and protection at work. The paper focuses in particular on the issue of the implementation of labour legislation in practice of Republic of Serbia, especially in the context of the efficiency of control mechanisms and the results of inspections conducted in 2019 by the Labour Inspectorate of the Ministry of Labour, Employment, Veteran and Social Affairs, which revealed a series of violations of the child's right to work. In this paper, in order to grasp an insight into this issue, there have been used the historical comparative-legal and theoretical-analytical methods. The research findings indicate that the national labour legislation regulating the minors` work is harmonised with the international standards to a significant extent, but there is a room for their improvement. It is also necessary to improve the mechanisms of inspection and the efficiency of the application of legislative provisions in practice.

“Dispersed” Public Authority in Labour Law: Systematic Dilemmas in Law Continued

The doctrinal discussion on personal data protection regulated by the EU regulation, i.e. the GDPR, appears to re-create a vibrant and never-ending debate on the private law nature of the employer who does not implement the principle of freedom of contract when concluding a contract of employment. Because it is simply an entity pursuing public interests. The social labour inspector is a prototype of data protection officer in the field of labour law. As a matter of fact, he is also executing this “dispersed” public authority in labour law.

On the theory and practice of employers' appeals the results of the inspection of the state labor inspectorate

On the theory and practice of employers' appeals the results of the inspection of the state labor inspectorate

Using new digital technologies in employee training to avoid occupational accidents in the industry

The most frequent workplace accidents in the industry are most of the times caused by the employer’s failure to fulfill their obligation to provide appropriate on-the-job training. Starting from this state of affairs, this paper analyzes the main cause of workplace accidents in the industry, which is the lack of training, or incomplete or inadequate training of employees, a situation indicated by the latest studies and the latest activity report of Labor Inspectorate. The solution identified by most employers was to use the online environment, this being the only way that allows the achievement of both of the aforementioned objectives at the same time. In this context, the paper identifies and proposes the use of the online environment, especially in the process of distance training of workers, giving them the opportunity to receive training documents, to analyze them, to electronically sign them and send them to the employer in electronic format. This proposal of supplementing the current legislation with the possibility of using the online environment in the field of occupational health and safety (OHS) also takes into account other categories of benefits that this solution brings, such as streamlining OHS and optimizing costs incurred in fulfilling these legal obligations.

ІННОВАЦІЙНИЙ РОЗВИТОК АПК В УМОВАХ COVID-19

As COVID-19 continues to spread around the world, it is important to consider its real and potential implications for the agri-food sector in terms of both food supply and demand. Ensuring the continued functioning of global and national food supply chains will be crucial to ensuring these supplies and preventing a food crisis in countries already facing food and food security challenges, reducing the overall negative impact of the pandemic on the world economy. It is clear that the COVID-19 pandemic has turned the world upside down, including agriculture. It is now necessary to procure more effort from different graduates working in different fields to analyze the consequences. In the current situation, how much long-term data will there be. The agri-food sector already employs the majority of self-employed and paid workers in developing countries. However, many of these jobs are currently characterized by a shortage of decent work due, in particular, to weak labor market institutions, including inefficient law enforcement agencies, weak labor inspection bodies and insufficient compliance. Employees, especially in agriculture, landless farmers, small traders and commodity producers, whose trade conditions have deteriorated, have become vulnerable to such crises. Furthermore, strong monitoring of food prices and markets, as well as transparent dissemination of information, will strengthen the ability of regulators to ensure effective management of the food market and will prevent panic buying of goods. In this context, it is critical to ensure the free flow of international trade while guaranteeing quality jobs in food supply systems. The results of the application of various tools to overcome the COVID-19 pandemic abroad are considered and specific examples are given that have already been implemented or are in the process of implementation in the European Union. This article will be useful to other researchers and business owners. The issue of the Ukrainian economy's ability to withstand the COVID-19 pandemic was raised and the potential for damage to Ukraine's economy was assessed.

Problems of small business in Ukraine and ways for their overcoming

The essence of small business and the criteria for enrollment of business entities to small enterprises and micro-enterprises, both according to the approach of domestic legislation and European standards are investigated in this paper The place of small business in the state economy and its role in its development is studied. Factors that shape the environment for small business in Ukraine and hinder its effective functioning are formulated. In particular, the legal capacity of small businesses and the biased attitude of law enforcement agencies towards small businesses permanently put pressure on small businesses and complicate the process of their activities. A wide range of inhibitory factors and factors faced by small business in Ukraine are analyzed and studied. The key areas that are most urgently in need of reform are identified, and their detailed and in-depth analysis is carried out. As the result, a list of small business problems in Ukraine is formed and grouped. Obstacles on the part of the tax system include refusal to register tax invoices for unknown reasons, delays in unblocking tax invoices and registration of invoices by tax authorities, as well as unfounded grounds on which taxpayers are included in risky and lack of clear instructions for exclusion from the list of risky. On the part of law enforcement agencies – unfounded criminal proceedings, slowing down the process of returning business entities to normal operation. On the part of labor relations are the complexity and inflexibility of the interaction between employee and employer and the procedure for dismissal of employees; conducting by the employer of documentary administration of labor in paper form; significant dispersion of legal regulation of labor inspections. In terms of availability of funding are non-compliance with the requirements of bank lending and lack of information about international programs, grants and donor funding with the participation of European organizations, as well as government programs to support business. Based on the outlined problems, a number of ways to overcome them, which will bring small business in Ukraine to a new level and strengthen the economic position of the state are formed.

직장 내 성희롱과 근로감독제도 : 근로감독관의 신고사건 처리 경험을 중심으로

직장 내 성희롱과 근로감독제도 : 근로감독관의 신고사건 처리 경험을 중심으로

Burnout among labour inspectors in Greece: A nationwide cross-sectional study

The principal role of labour inspectorates is labour law enforcement and compliance, to secure effective implementation of legal provisions relating to the protection of workers. These aspects can turn the job context of a labour inspector into a really demanding occupation, that may have significant physiological and psychological effects. The aim of this study is to investigate the prevalence of burnout between labour inspectors in Greece and associated factors. A semi-structured survey was conducted covering job characteristics, perceived job limitations, some associated with economic crisis, and a burnout assessment tool. There were 102 responses collected out of the 245 labour inspectors specialised in occupational safety and health. Two out of three inspectors (67.65%) reported that reduction of their salary resulted by austerity measures, affected their work quality and performance, 92% reported that job demands had significantly increased during the previous year and 55% that their work does not provide the flexibility, while NLI’s framework does not provide support in performing their job related tasks. Our study identified high rates of burnout and a plethora of work-related contributing risk factors such as increased job demands, lack of staff and resources. The establishment of an effective work framework, that would be supportive and protective for inspectors, in a top-down approach, promoting interpersonal relations and providing the necessary degrees of freedom to labour inspectors’ tasks, could significantly reduce the levels of experienced burnout.

Between Violence, Racism and Reform: São Tomé e Príncipe in the Great Depression Years, 1930–7

The effects of the Great Depression on the important cocoa plantation sector of the archipelago of São Tomé e Príncipe – a Portuguese colonial laboratory for social change in plantation agriculture shifting between coercive practices and attempts at accommodation – were drastic: initially backed by a right-wing authoritarian government, plantation managements lowered workers’ wages and made already repressive conditions of worker exploitation worse. This article highlights the processes of degradation in plantation workers' life. However, in ways that might seem paradox at first glance, the crisis years of the 1930s also opened the ways to changes in social experiences in the plantations. Labour inspectors were increasingly called upon to scrutinize existing abuses on the plantations, and although this might have been in the first phase simply lip service to certain international debates on good standards in colonialism, inspectors internalized the need for reform and turned out to be critical observers. At the same time, the workers expanded their repertoire of responses – from individual resistance to ever better-organized escape strategies and the manipulation of offers of settlement schemes for small groups of workers. By 1937, these trends were important precursors to changes that would achieve their full impact in the 1950s.

Workers Protection with a Fixed-Term Employment Contract System based on the Employment Statutory Regulations

This research aims to identify and understand the position of legal protection for workers with a system of fixed-term employment contracts in the aspects of work relations, protection, and wages based on Employment laws and regulations. This research uses an empirical normative research method which combines the normative legal approach with empirical research. The results of this study indicate that there are still many companies in Makassar City that do not implement statutory regulations, especially regarding workers 'rights, for example, workers' status based on fixed time or a Non-Specified term employment contract and wages that are not in accordance with the city's minimum standard. As for the conditions of the workers, based on the analysis result from the prescriptive aspect, there were 95 or 47.50% of 200 workers starting a cooperative relationship without making a written agreement. Furthermore, there are as many as 55 or 27.50% of 200 workers assess that in their work activities, they do not get rights, there are also as many as 110 or 55.00% of 200 workers do not know what the form of worker rights is. Furthermore, there were as many as 140 or 70.00% of the 200 workers who received compensation that did not match the minimum wage in 3 (three) companies in Makassar City. These problems can be resolved appropriately if Law no. 13 of 2003 is properly implemented by Labor Inspectors and Specialist Labor Inspectors as the person in charge based on Minister of Manpower Regulation (Permenaker) No. 33 of 2016.

Respiratory Protection Programs (RPP) Implementation at Production Unit of A Tin Smelter at Bangka Belitung Islands Province

The fume generated from the reaction of flux and molten tin produces tin compounds in the atmosphere which potentially lead to stanosis or also known as tin pneumoconiosis after chronic inhalation and prolonged exposure in the workplaces e.g. in smelter industries. The risk can be minimized by implementing Respiratory Protection Program (RPP). This study aimed to evaluate the implementation of RPP at one smelter industries in Bangka Belitung Province. This is a evaluation study that qualitatively evaluate the implementation of RPP. eigth RPP elements from National safety Council (NSC) Australia was used as guideline. The secondary data from Occupational Health and Safety inspection and monitoring report at one of tin smelter from Department of Manpower (Disnaker), Banga Belitung Island province. It was found that several RPP elements have not been fully implemented, which were (1) compliance with respirator standards, (2) no selection of respirators procedure, (3) no protective clothing, (4) no fit testing execution, (5) improper management of cleaning and inspections, and (6) no evaluation of respirator usage. Moreover, specific work process that need Supplied Air Respirator (SAR) has not been anticipated, and improvement in the training materials, periodic training schedule and evaluation of the Respiratory Protection Program were emphasized. There were 3 informants in this study consisting of company managers, safety officers, and labor inspector. The implementation of RPP at PT X. Tin needs to be enhanced. Continuous coaching, monitoring, inspection, and evaluation related to the Respiratory Protection Program must be carried out more intensively both internally and externally from the government.

The social amplification and attenuation of risk on occupational safety and health levelling - the case of Greece

While economic slowdown challenges stock-markets and the wider economic and financial system, significant pressure is posed to labour market challenging also working conditions. Occupational Safety and Health (OSH) is not given the appropriate importance, especially in small and medium-sized enterprises (SMEs). This study attempts to describe and analyse the complex interactions between some of the factors that determine occupational safety and health, based on previous models of social risk amplification/attenuation as well as the risk perception factor. The model is applied for the case of Greece during recession. The proposed approach explains the lack of measures taken during a variety of challenging situations and the reasoning behind the regarded significance that is given or not given to specific situations. This case study identified the dominant factors that predispose and trigger or casually affect the amplification/attenuation of risk and can significantly affect the lay public. Those were found to be the media, the National Labour Inspectorate (NLI) and legislation. Social media were also found to have the potential for supporting both proactive regulatory actions and capacity-building for social dialogue.

Aproximación a la prueba ilícita en el proceso laboral

El presente trabajo tiene por objetivo poner en evidencia la ductibilidad del límite legislativo del poder de fiscalización del empleador. Este es favorecido por el uso de términos abstractos como «razonable y necesario». Dichos términos quedan al arbitrio del empleador para su definición y para justificar la aplicación de medidas de control laboral, como por ejemplo la videovigilancia. La referida ductilidad permite la obtención de evidencia con vulneración del derecho fundamental del trabajador a la protección de datos personales relacionados con su dignidad. Frecuentemente, la evidencia llega a ser relevante —especialmente cuando guarda relación con imposiciones de medidas disciplinarias— y es admitida en el procesal laboral sin ningún filtro adicional. Esto último atenta contra el debido proceso, debido a que permite el ingreso de una prueba ilícita; por consiguiente, se produce una transgresión que también repercute en el uso ineficiente de los recursos disponibles, así como la incorporación de información contaminada al proceso.