Labor Law Research Articles

Evidence of the classical management approach in the guidelines of the National Common Curricular Base (BNCC) and its implications for brazilian education

The present work aims to present evidence of the classical approach to administration, discovered in the National Common Curricular Base (BNCC), seeking to identify some of its implications for Brazilian education. To achieve this, this qualitative research makes use of the BNCC itself, specifically its introductory part and its pedagogical foundations. The BNCC is a document that specifies the skills, abilities and knowledge that every Brazilian student must acquire throughout their basic education. Analysis of the document demonstrates that the BNCC incorporates some of the principles found in the classical management approach, including the focus on worker efficiency and work standardization. Some objections to the document focus on the excessive standardization of teaching, which restricts teachers' autonomy and limits the diversity of pedagogical approaches. Furthermore, the emphasis on efficiency and measurable results can lead to a reductionist and utilitarian view of education, disregarding subjective aspects and the integral development of students.

Some Reflections on the Regulatory Constraints to Labour Malpractices in Cameroon

The rapid drop in the standard of Fair Labour Practices in the private sector of Cameroon is so disturbing. Generally, the recognition of the basic right of each citizen such as the right to work and the security of employment is of paramount importance to a worker because work brings wages by which workers and their families depend on, works gives dignity and meaning to the life of a worker and make the world economy run accordingly. That is why the Cameroonian labour legislator has made much effort in addressing the situation of workers who have been unlawfully dismissed from work by malicious employers or workers whose basic rights to work and security of employment may be threatened. The aim of this study therefore, is to ascertain the regulatory Constraints to labour malpractices in Cameroon. These Labour malpractices mostly committed by profit conscious employers of Labour in Cameroon are characterized amongst others by; the imposition of standard form contracts on their workers, discrimination in the private sector employment, subjecting workers under unsafe working environment and deplorable conditions of work, wrongful discharge of employment, the practice of divide and conquer style of management, gross violations of workers fundamental human rights, arbitrary variation of substantial terms of employment contracts, the questionable practices of labour inspectors, unreasonable restraint clauses in the private sector employment contracts, non-respect of government-mandated minimum guarantee wage, non-conformity of internal rules and regulations to national standard, wrongful suspension of contract of employment etc. These deviant dispositions of employers of Labour, although contrary to deontology, are so embedded in the Cameroonian Labour market causing private sector workers to remain at the same level from January to December every year of their life. In a bid to attain the overall purpose of this study, this research adopts the qualitative research methodology which involve an in-depth content analysis of both primary and secondary data. Findings, therefore, reveal that despite the regulatory, institutional and policy framework put in place to protect private sector employees against any form of labour malpractices, private sector employees are not adequately protected because of gaps in the labour legislation, conflicting interests, economic impact, low Scholarisation of workers, political impact, ineffective implementation of prevailing regulations, the introduction of powerless staff representatives, laxity on the part of some Labour Inspectors to ensure the respect of labour legislation etc constitutes the basis for the multiplication of gross violation of employment rights in the private sector within the country. This research conclude theoretically that the Cameroon Labour Legislation to an extent, guarantees the protection of private sector employees but practically it effective implementation and enforcement leaves much to be desired. This has necessitated the suggestion of some policy recommendations for the way forward. In this regard, in order to attain an effective regulatory, institutional and policy framework which guarantees the protection of workers against any form of labour malpractices in the private sector, we recommends a review of the 1992 Labour Code to better handle any form of labour malpractices affecting private sector employment in today’s era and the Labour Inspectorate being the central state institution charged with the enforcement of employment rights should not only be found seating at the regional and divisional headquarters, they should equally be established in each sub-division in other to take justice nearer to workers who are mostly employed by employers of unskilled labour in the country.

Failure to take measures to prevent and resolve conflicts of interest: labor law issues

The subject of the study is the failure to take measures to prevent and resolve conflicts of interest. Failure to take measures is considered as an element of the objective side of disciplinary misconduct in labor relations, the composition of which is defined in paragraph 7.1. part 1 of Article 81 of the Labor Code of the Russian Federation, along with such elements as "conflict of interest" and "loss of trust". The types of measures are studied, the collision of their anti-corruption and labor-law nature; the subject of taking measures; the possibility of choosing a measure by an employee and an employer; the legal consequences of non-acceptance; the head as a subject of responsibility in case of non-acceptance of measures; the obligation to notify about a conflict of interests; the content of the concepts of "prevention" and "settlement". The object of the study is labor relations in terms of disciplinary responsibility for corruption offenses and related official legal relations. The author uses the general scientific method of dialectical cognition, as well as a number of private scientific methods: technical-legal, systemic-structural, formal-logical (deduction, induction, definition and division of concepts) and others. The article discusses the following problematic issues: 1) the ratio of measures provided for by anti-corruption legislation with labor law institutions, in particular, transfer to another job and suspension from work; 2) the possibility of abuse of the right by the employer and violation of the rights of the employee when taking measures; 3) the situation of legal deadlock when it is impossible to take measures; 4) unjustified inconsistency of legal regulation of measures in labor and official legal relations. The article draws conclusions about the illegality of dismissal only for failure to inform about a conflict of interest; about the priority of the employee's right to choose a measure to avoid abuse of the right by the employer; about the unification of legal regulation of suspension from work for the period of investigation of corruption misconduct or dismissal of the head for failure to take measures in labor and official relations; about ways out of the "legal impasse" if it is impossible to resolve a conflict of interest, in particular, a separate basis for termination of an employment contract due to circumstances beyond the control of the parties, or permission to act in a conflict of interest with little benefit.

“I Am the Last Priority”: Factors Influencing Diabetes Management Among South Asian Caregivers in Peel Region, Ontario

ObjectiveIn this study we aimed to identify sociocultural and systemic factors influencing diabetes management among South Asian (SA) caregivers in Peel Region, Ontario. MethodsTwenty-one semistructured interviews were conducted with SA caregivers using a qualitative descriptive design. Data were analyzed using thematic analysis and intersectionality analysis. ResultsThemes identified included: 1) prioritizing family caregiving over diabetes self-management; 2) labour market impacts on diabetes self-management; and 3) challenges navigating Canadian health and social service systems. SA caregivers described social, economic, and systemic challenges impacting type 2 diabetes management. Systemic factors influencing diabetes management included discrimination and inequities in labour policies and lack of social and health resources funding. Recommendations by caregivers included whole-family, community-based, culturally tailored approaches to diabetes prevention and management strategies. ConclusionsProviding support with system navigation, encouraging family-based approaches, and addressing the social determinants of health could be beneficial for supporting SA families with diabetes management and prevention.

Peran Dinas Tenaga Kerja dan Transmigrasi Provinsi Jawa Timur dalam Perlindungan Hukum Atas Upah Pekerja

The government as an institution is responsible for providing the right to workers' wages and ensuring that the application of applicable regulations can be implemented properly. In this regard, Disnakertrans through the supervision sector, conducts monitoring related to the application of labor regulations. The East Java Provincial Manpower and Transmigration Office, through the field of supervision, aims to provide protection and fulfillment of workers' wages in accordance with the City / Regency Minimum Wage (UMK). The legal basis is Law No.13 of 2003 on Manpower, as a guideline for the Manpower Office to carry out its duties optimally. The purpose of this research is to find out how the role of the East Java Provincial Manpower and Transmigration Office in the legal protection of workers' wages as well as efforts that must be made in fulfilling legal protection of workers' wages, in labor protection in the East Java Province area. The type of research used is normative juridical with a qualitative approach method. This research uses primary and secondary data sources, where primary data is obtained from source information, namely labor inspector employees of the East Java Provincial Manpower and Transmigration Office. Data collection techniques were obtained through interviews, observations, and document studies to obtain research results. The results showed that the East Java Provincial Manpower and Transmigration Office has carried out its role optimally in providing legal protection for workers' wages

A Review on Explainable Artificial Intelligence for Healthcare: Why, How, and When?

Artificial intelligence (AI) models are increasingly finding applications in the field of medicine. Concerns have been raised about the explainability of the decisions that are made by these AI models. In this article, we give a systematic analysis of explainable artificial intelligence (XAI), with a primary focus on models that are currently being used in the field of healthcare. The literature search is conducted following the preferred reporting items for systematic reviews and meta-analyses (PRISMA) standards for relevant work published from 1 January 2012 to 02 February 2022. The review analyzes the prevailing trends in XAI and lays out the major directions in which research is headed. We investigate the why, how, and when of the uses of these XAI models and their implications. We present a comprehensive examination of XAI methodologies as well as an explanation of how a trustworthy AI can be derived from describing AI models for healthcare fields. The discussion of this work will contribute to the formalization of the XAI field.

Analisis Faktor Ganjaran Yang Mempengaruhi Kinerja Karyawan Pada Kasus Aksi Mogok Nasional Buruh

A national labor action is a form of protest carried out by workers to demand their rights that are considered unfulfilled. The national labor action that occurred in 2023 in Indonesia had a significant impact on various sectors, including the industrial sector. One of the impacts that arose was the decline in employee performance in several affected companies. The research method used is the descriptive qualitative method. Descriptive qualitative research aims to describe and illustrate existing phenomena. Thus, it can be concluded that the workers are disappointed with the injustice in terms of the wages given, they feel that the wages/salaries given are not proportional to the performance they put out. This reason is a factor in the workers’ insistence on getting an increase in their wages. Overall, the workers’ national labor action was based on dissatisfaction with the wages given to workers in Indonesia, giving rise to the national labor action. In this context, the calculation of inflation, economic growth, and the current need for a decent living are important factors that must be considered in raising wage increases for workers. These factors can also affect the work stress and welfare of the workers. The speech action this time conveyed two demands, namely the revision of the DKI UMP from 3.6% to 15% and the implementation of the minimum wage under the Jakarta Labor Law.

Impact of Burnout on Anaesthesiologists.

Professional burnout syndrome (PBS) is an issue affecting individuals and organizations alike, characterized by emotional exhaustion and reduced effectiveness resulting from overwhelming work demands. Root causes include excessive workload, unrealistic expectations, and blurred work-life boundaries, which are often intensified by organizational culture and inadequate support systems. The consequences range from decreased productivity and creativity to high turnover rates and financial strain on organizations. Mitigating PBS requires a comprehensive approach that addresses both individual and organizational levels. Individually, stress management techniques and self-care practices are crucial for building resilience and coping with work-related stressors. Organizations play a vital role in promoting employee well-being by fostering a supportive work environment, promoting work-life balance and providing access to support systems such as counseling and mentorship programs. Leadership is key in creating a culture that values employee health and prioritizes open communication and empathy. Policy interventions can further support efforts to combat PBS by enforcing labor laws that protect employee rights, such as setting limits on working hours and ensuring access to mental health services. Additionally, incentivise organizations to prioritize employee well-being through tax incentives or certification programs can encourage proactive measures against burnout. The aim of this review is to provide a comprehensive exploration of PBS, examining its causes, consequences, and potential mitigation strategies in individuals and organizations, with a focus on anaesthesiology.

HeinOnline’s Labor and Employment: The American Worker

HeinOnline offers a core digital library package that contains nearly 3,000 legal journals published in more than 60 different countries, including thousands of Australian, Canadian, and European legal materials and multiple international government publications. This vendor also has several other databases can be attached to this core collection, and “Labor and Employment: The American Worker” is one of them.It contains thousands of books, published from the early twentieth century to the present; hundreds of scholarly articles, ranging from 1904 to the present (with new articles added each month), on various topics, including labor contracts, collective bargaining, employment protections, and the history of the labor movement; and more than 10,000 subject-coded titles. Also available here are current reports on working conditions, legislative histories, Supreme Court case briefs, and a chart of landmark court cases in labor and employment (including the synopsis and full text of each case and an explanation of its significance in both jurisprudence and history), ranging between 1842 and 2018. When these and all the other categories of materials in this database are combined, it contains 10,984 titles, 14,659 volumes, and 5,244,894 pages.As with all databases that provide images of original documents, the readability of the materials here can vary, but thankfully none appear to be illegible. Navigating, rotating, enlarging, and reducing these documents can usually be done without difficulty. Database content can be browsed and/or searched for in numerous ways, all of which are understandable and which generally produce useful results. However, searches by title or description are often the least productive, while those in the full text are far more so. Pricing for this resource is vague, as it is determined by an institution’s location (i.e., in the United States or not), whether it has a law library, and other factors not specified by the vendor. Consortia discounts are also available. The content available here is impressive and will prove valuable to students and researchers of US labor history, especially those looking for case law, legislation, and other government publications on this topic. The licensing agreement for this database is too long, but is not unusual in its provisions, and should provide little cause for concern.

More than Cramps in Scrubs: Exploring Dysmenorrhea among Women Healthcare Workers.

Though understudied, dysmenorrhea, a painful cramping sensation occurring near and during menses, is the most prevalent gynecological disorder among women of reproductive age, affecting 50-90% of the global population. Contributing factors of this disorder include poor medical assessment, lack of consciousness, gender bias, moderate to high levels of stress, and depression and anxiety. Among school students and healthcare trainees, dysmenorrhea contributes to short-term absenteeism, lower productivity, creativity, and job performance. Among medical trainees, dysmenorrhea has been found to impact daily activities to a disabling degree in nearly one third of instances, resulting in difficulties in relationships and even self-isolation. Dysmenorrhea further produces substantial global economic losses and higher healthcare costs. To begin to alleviate the extensive issue of dysmenorrhea, we must increase awareness to fully understand its prevalence, risk factors, and potential for effective, affordable, and accessible treatments. Concurrently, our clinical environment must adopt a standard description and assessment tool to prevent, measure, and monitor dysmenorrhea, while on a global scale, we must develop and widely disseminate nationwide labor regulations that address the workforce impact due to the effects of dysmenorrhea.

Perspective of Employment Relations and Wages in Labor Law and Islamic Law

The implementation of work employment and wages is not in line between labor and Islamic law. This study aimed to review and analyze labor employment and wage arrangements from perspectives on labor law and Islamic law. This research used a normative juridical method with a contextual approach, rules and regulations, the Quran, and hadith. The results showed that Islamic and labor laws have the same goal: that workers can live decent lives. In labor law, work relations are born from work agreements, and wages are the right of workers after obligations are carried out. However, in Islamic law, work relations are based on justice without exploitation, are efficient, and do not violate other sharia principles, and wages are included in the study of Ijarah. The concept of employment is based on time, type of work, and targets obtained. F or work relations and wages to fulfill human dignity, it is necessary to contain labor regulations that pay attention to the principles of relations and wages in Islamic law.

THE INFLUENCE OF NATIONAL LEGAL POLITICS ON THE MINIMUM WAGE SYSTEM LABOR LAW PERSPECTIVE

The government has the authority to determine wage policies relating to the relationship between workers and employers and provide protection to workers, including through minimum wage instruments, which are regulated through the Labor Law and its implementing regulations. The formation of statutory regulations is formed through a political-legal process that cannot be separated from the influence between the parties with an interest in it. If you look at the current condition of workers in Indonesia, they are still very weak and marginalized because the wages they receive are still relatively unable to keep up with the increasing needs for life. Through this article, the author wants to examine how national legal politics influence Indonesian employment system policies and what factors influence the calculation of minimum wages. This research is a type of doctrinal legal research using normative juridical methods with a descriptive analytical approach and analyzed qualitatively, by examining the laws that apply in Indonesia through statutory regulations related to workers' wages. The results of this research show, firstly, that legal politics influences Indonesian labor regulations. It can be seen that labor regulations not only regulate workers and employers but also cover issues of the economic system and political system. Second, minimum wages are determined based on economic and employment conditions with calculations that focus on economic variables and certain indices symbolized by alpha. Determining minimum wages as a policy line aims to create decent living needs for workers and their families in order to protect workers' rights and avoid arbitrary actions by companies, as well as encouraging economic growth in each region.

ONLINE EMPLOYMENT TECHNOLOGIES IN THE DIGITAL AGE: COLLECTION OF ESSAYS

Platform work, which has recently emerged as a distinct employment technology in the post-industrial era, brought to the world by “Industry 4.0”, is not regulated by labour law or other branches of law in most European countries. The legal status of people working on digital labour platforms is uncertain. People employed online through the platform work at their own risk. They have no right to health care, social security, social and medical assistance, or the right to social assistance benefits. Labour is not a commodity, it is not a human service, it is not a technology. At the current state of knowledge, it is not clear exactly what European employment technologies are.

Employment and Skill Development Initiatives in the Labor Markets: The Cases of Indonesia and Thailand

This study delves into the intricate dynamics of labor markets in Indonesia and Thailand, revealing the symbiotic relationship between policy attributes, vocational education, and collaborative governance, all anchored in a robust theoretical framework encompassing policy attributes. The central question driving this research is: How can the government effectively mitigate labor market challenges in Indonesia and Thailand? To answer this question, the study aims to illuminate the interplay of solubility, complexity, scale, divisibility, monetarization, scope, and interdependence attributes within labor market policies. Employing a case study as its primary research strategy, the study analyzes data from diverse sources, including labor force statistics, policy documents, and academic literature. The Indonesian government, driven by the commitment to address the multifaceted challenges of unemployment and skill gaps, has formulated strategic initiatives to increase productivity and competitiveness. Thailand’s School in Factory Programs is an exemplary model, showcasing a comprehensive approach to workforce competence by seamlessly integrating education with industry needs. The analysis extends to the broader context of population policies, drawing valuable lessons from the Republic of South Korea. The success of South Korea’s population policy highlights the relevance of principles such as New Public Management (NPM), New Public Governance (NPG), and New Public Service (NPS). These principles are subsequently intertwined with the Indonesian and Thai cases, providing a comprehensive understanding of governance dynamics within the context of population and employment strategies.

A Critical Review of Collective Bargaining Indices of Industrial Relations in Nigeria

Collective Bargaining is a process in labour relations whereby negotiation between employers and employees center on terms and conditions of service in an employment. This paper employs the use of an hybrid method of study to examines how Collective Bargaining has helped in no small measures in absence of industrial democracy structure being the only form and indices which exist in our labour law structure. Further examine the concept of collective bargaining, it practice in Nigeria, its benefits and how it has created an indices for democratic governance in our labour relation as in most legal research, the paper adopted both doctrinal and non-doctrinal (203 questionnaire were distributed) method of legal research, it was contended that the paper concluded that collective bargaining should be an indices of industrial democracy in Nigeria labour relations, the paper concludes that the practice of industrial democracy will strengthened in the work place and its recommended that a separate legal frame work should be put in place amongst other things to ensure the practice of industrial democracy in Nigeria. Keywords: Collective Bargaining, Industrial Relations, Indices of Industrial Relations, Industrial Democracy, Labour Relations

Under what conditions do volunteers escape being qualified as workers?

This contribution looks at the status of volunteers in EU labour law taking into account the criteria of the CJEU's Lawrie-Blum formula. It demonstrates, in light of the jurisprudence of the Court, that some criteria may be problematic and that a purposive approach may provide adequate solutions.

Voluntary work in the Italian experience: the curious case of ‘socially useful workers’

The demarcation of the personal scope of application of EU labour law results from the interplay between national legislation and the CJEU case law. This article analyses the particular case of socially useful workers in the Italian legal system and questions its compliance with EU law. It does so by exploring an intricate legal framework and the relevant interpretation by domestic and European adjudicators.

A Study on Labor Law Issues on Business Transfer of Bankrupt Universities

A Study on Labor Law Issues on Business Transfer of Bankrupt Universities

현대 사회에서 헌법상 근로자 개념의 재구성

This study explores the necessity and direction for the reconstruction of the constitutional concept of workers in light of changes in the contemporary labour environment. The emergence of diverse forms of labour that transcend the traditional “blue-collar” worker calls for a reassessment of the concept of workers as defined by labour law. However, the Korean Constitutional Court bases its definition of constitutional workers on labour law, while the legislature has been reluctant to amend the provisions defining workers for decades. In this context, courts attempt to include various forms of labour by expanding the interpretation of existing legal definitions. However, such judicial interpretations seem insufficient to keep pace with changes in the labour environment, complicating the law’s consistency, thereby increasing the complexity and placing an undue political burden on the judiciary. Based on this analysis, this study emphasizes that the primary responsibility for encompassing new labour realities through legal amendments lies with the legislature, advocating the necessity to reset the constitutional concept of labour as a basis for legislation and a standard for constitutional review in the post-remedial process. To this end, this research reinterprets Hugo Sinzheimer’s concept of labour constitution in a contemporary context and derives indicators for a new concept of workers that surpass dependency theory, aiming to provide a legal foundation that can flexibly and resiliently respond to the complexities of the labour environment. This study proposes setting the concept of workers as a higher-order concept and, based on this, suggests ways to diversify the concept of labourers and labour laws at the legal level. Traditional labour relations will be covered by the regulation of existing labour laws, while emerging grey areas will be encompassed through individual labour laws. Such an approach to diversified individual labour laws ensures that the constitutionally granted labour rights and the diversity and specificity of labour relations are harmoniously reflected, ultimately guaranteeing an equal level of protection for all workers.

기후위기와 양질의 노동

Bruno Latour emphasizes, “We can no longer liberate ourselves as we could in the past. We are facing a completely new situation.” This statement underscores the climate crisis as a manifestation of the entanglement between nature and culture, compelling humanity to reassess previously viable approaches. These include, at a theoretical level, the dualism between nature and culture, anthropocentrism, and growth ideology, and, on a more practical scale, individual labor and consumption patterns. The evolving macro and micro dynamics highlight the contradictions within capitalist labor systems, challenges the labor law has sought to address. Beyond this, it prompts a reevaluation of the labor subject's mode of existence and the working conditions required in the Anthropocene era. The central question of this research is whether our lives, labor, and theories can adapt to this “new situation” and articulate a concept of “liberation” relevant to our current moment. In seeking answers to this question, the study first explores the conceptualization of labor as envisioned by the labor laws of the Anthropocene, alongside the capabilities that enable such existence. Specifically, it goes beyond the alienation issues highlighted by Anna Lowenhaupt Tsing to propose a framework for the existence, relationships, and behaviors of working subjects. This framework emphasizes the integration of our physical selves with our attention, intentions, and actions into the Earth's system, where human and non-human actors intertwine. The study suggests these elements are crucial for participating in the co-evolution of nature and culture, covering all aspects of daily life and labor. For this mode of existence, it highlights the importance of capabilities in existence, relationships, and behaviors as focal points for the labor laws of the Anthropocene. Furthermore, the study advocates for the reduction of working hours and the establishment of a fair wage system as essential conditions to facilitate the capabilities and modes of existence targeted by the Anthropocene's labor laws. It argues that working hours and wages are not merely basic labor conditions but also significantly influence the broader spectrum of existence, including survival. The study posits that decreasing working hours and ensuring adequate wages might not directly affect the well-being of non-human nature. However, the resultant time and financial flexibility could greatly enhance individuals' capacity for existence, relationships, and behaviors, and thereby, reconstruct their relationship with non-human nature. As practical measures to reduce working hours, the study proposes shortening statutory working hours, compensating for overtime work with time rather than money, and expanding the annual paid leave system. Additionally, this study reviews Article 32 (1) of the Constitution, which mandates fair wage guarantees, and suggests the formation of industry-specific tripartite consultative bodies involving labor, management, and government as a mechanism to implement a fair wage system.