Labor Law Research Articles

Problems of differentiation in the codes of labor laws of the RSFSR and the Labor Code of the Russian Federation

The article addresses the problem of codification of special labor law norms, justifies the importance of their consolidation in the sectoral code. The domestic historical experience of codification through the prism of differentiation is investigated. Trends in the differentiation of legal regulation of labor relations in the modern period are analyzed. The shortcomings of the Labor Code of the Russian Federation in terms of labor regulation of certain categories of employees are shown, options for solving this problem are considered. The need for differentiation in a codified act of labor law is due to the nature of labor in certain areas, as well as the special concern of the state for certain groups of employees. The Code is the main sectoral act, it must contain special norms in order to meet the requirements of completeness and consistency. In the four Russian labor codes, the issue of differentiation was resolved in different ways. With each new codification, the legislator, relying on the experience gained, approached this issue more consistently, while there was also a «field» for criticism. The task of optimal construction of special labor and legal norms is also relevant for the Labor Code of the Russian Federation, in modern conditions the relevance increases due to the increase in atypical employment. It is important, retaining in the codified act a special chapter on the features of labor, to establish uniform approaches to its regulation in relation to the main professional groups and spheres. At the same time, it is inappropriate to reflect in the code the features of labor affecting the specialization of a particular profession, turning the act of codification into a collection of instructions. The legislator should also consider the issue of consolidation in art. 2 of the Labor Code of the Russian Federation, devoted to the principles of legal regulation of labor relations, the principle of differentiation.

Toolkit for creating a safety culture for future railway workers

JSC ‟Russian Railways” is carrying out comprehensive work to reduce injuries to zero, including by increasing the level of professional training of employees. Safety culture as a derivative of the international movement Vision Zero, has become an important part of the occupational safety management system in Russian Railways and has radically changed the approach to the identification and prevention of injuries in railway transport. Students of transport technical schools and universities should join the Vision Zero international movement at the stage of education, that is, much earlier than the actual start of work. To do this, it is proposed to introduce a system of annual labor protection months in educational institutions, which will become the basis for the formation of a safety culture. Conducting such months gives the student the opportunity to take part in them for several years in a row, at the beginning of training to a greater extent as a listener and spectator, but at senior courses, to act as a lecturer, organizer and participate in more significant events.Constant work on the formation of a ‟correct” understanding of the importance of compliance with the safety standards and rules of future railway workers will become the basis for the eradication of injuries due to unfair compliance with the requirements of labor protection instructions.

ORGANIZATIONAL PSYCHOLOGICAL BULLYING: THE PLIGHT OF THE YOUTH AND THE PHYSICALLY IMPAIRED

This research critically examined organizational psychological bullying directed towards vulnerable individuals, namely the youth and the physically impaired, who face difficulties accessing employment opportunities globally. Unlike prior studies that focused on internal organizational bullying, this research investigated external factors beyond organizational structures. By conducting desktop research, the study aimed to provide insights that support a more inclusive work culture. The study developed the 60/30 model, proposing retirement at the age of 60 or after 30 years of service to promote inclusivity in the labor market, especially for historically marginalized individuals. It recommended that governments amend labor laws, review employment policies, and collaborate with stakeholders to create customized employment initiatives. Moreover, it suggested further research using quantitative or mixed methods approaches to validate these findings. The study further advocates positive transformations within the industrial and organizational psychology by advancing workplace diversity and inclusivity.
 Keywords: Marginalized Individuals, Organizational Bullying, Physically Impaired, Psychology, Victims, Youth.

ANALISIS PENYELESAIAN PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA PADA PENGADILAN NEGERI JAKARTA PUSAT (PUTUSAN NOMOR 67/PDT.SUS PHI/2020/PN.JKT.PST

When handling disputes between workers and employers in industrial relations, action is required in accordance with applicable labor law. The initial step that must be taken is to carry out bipartite negotiations between the two parties to find a solution to the dispute. If bipartite negotiations are unsuccessful, the next step is to file for mediation and sue the Industrial Relations Court. The problems that arise between the Plaintiff and the Defendant relate to the mechanism for resolving disputes in termination of employment (PHK) in industrial relations, as well as whether the procedures carried out are in accordance with the statutory regulations explained in decision Number 67/Pdt.Sus-PHI/2020/ PN. JKT. PST. From this decision, it is not considered that any negotiations took place, which is the debate in this case. To answer this problem, normative juridical research was carried out with a descriptive analytical approach. This research refers to primary and secondary data which was analyzed qualitatively, and conclusions were drawn using deductive methods. The process of resolving this industrial relations case involves mediation with a mediator from the East Jakarta Social and Employment Service, as well as filing a lawsuit with the Industrial Relations Court at the local District Court. However, statutory regulations are not in accordance with the steps taken in this case, because bipartite negotiations are thought to have never occurred.

Human Resource Management: Case Study with Solutions

Human resource management (HRM) plays a vital role in organizations as it focuses on effectively managing the human capital to align with organizational goals and objectives. This abstract provides an overview of the key aspects of HRM in organizations. It highlights the importance of recruitment and selection in attracting qualified candidates, training and development in enhancing employee skills and knowledge, performance management in evaluating and improving employee performance, compensation and benefits in ensuring fair compensation and employee well-being, employee relations in maintaining positive workplace relationships, employee engagement and motivation in fostering a productive work environment, HR information systems in managing employee data and facilitating decision-making, and legal compliance in adhering to employment laws and regulations. Effective HRM contributes to employee satisfaction, productivity, and retention, thereby enhancing organizational success. Keywords: Human resource management, HRM, Workforce management, Recruitment and selection, Training and development, Performance management

Revisiting Picketing within the Framework of Turkish Labour Law

In the context of collective labour disputes, which often arise during negotiations for a collective labour agreement, various methods are employed by both employees and employers to resolve conflicts. Strike, one such method, involves employees abstaining from work or disrupting workplace activities to seek better working conditions or secure new rights. Strikes can be lawful or unlawful, depending on whether they adhere to the conditions specified in the Law No. 6356 on Trade Unions and Collective Bargaining Agreement. Picketing, another combative method, is utilized in labour law to address collective labour disputes and is closely linked to the freedom of expression. While colloquially defined as personal or collective protests using banners, picketing in labour law refers to employees gathering at the entrance of their workplace during a strike to voice complaints about the employer and persuade others to join the strike. This study aims to explore the concept of picketing within Turkish labour law and compare it with practices in Anglo-Saxon jurisdictions.

Организационные основы устройства подъездных автомобильных путей к объекту содержания крупного рогатого скота

The article discusses the basics of constructing access roads to a cattle facility. The construction of access roads to livestock farms is a rather complex process in terms of organization and personnel qualifications. It is complicated by the lack of specialized equipment, engineering and geodetic equipment and the necessary qualifications of workers, which leads to its traumatic and non-technical nature. The management of the organization bears a great responsibility for compliance with technical requirements and labor protection requirements during road construction. Keywords: RECLAMATION, INSTALLATION OF ACCESS ROADS, SETTLED AREAS, FILL, ASPHALT CONCRETE, CEMENT CONCRETE, CONCRETE, LIVESTOCK COMPLEX, PROJECT, GEODETIC REFERENCE, ECOLOGY, PROTECTION LABOR, URBAN PLANNING CODE

What do private providers of home care want? An analytical framework

ABSTRACT Private for-profit home care providers are key participants in European long-term care regimes. Yet, their policy preferences toward market making and market development remain under-researched. We present an analytical framework that identifies and explains those preferences. It outlines three key types of policies that shape home care markets: regulatory, financial and labour policies. We illustrate private providers’ views on those policies by reference to Ireland’s home care regime. Irish home care is a compelling case for this study. A major package of regulatory reforms is currently being introduced and private providers have outlined clear preferences about it. Our paper is based on interviews with 14 leading individuals involved in the home care sector. We find and explain how private providers wish to increase regulation over their activities; to split purchaser and provider roles; to reduce private forms of financing; and to expand the pool of labour available to them. We discuss how those preferences shed light on the political economic power dynamics that shape the Irish care regime. Our analytical framework may be applicable to other welfare markets at different stages of development and in other institutional contexts.

Legal Protection Of Workers Rights In Time Work Agreements Based On Labor Law

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Machine Learning Prediction Techniques in the Optimization of Diagnostic Laboratories’ Network Operations

The article presents an outline of the concept of a prototype system allowing for the optimization of inventory management in a diagnostic laboratory on the basis of patients results. The effectiveness of laboratory diagnostics depends largely on the appropriate management of resources and the quality of tests. A functional quality management system is an integral element of every diagnostic laboratory, ensuring reliability and appropriate work standards. This system includes maintaining correct and reliable analytical test results as well as the optimal use of the laboratory equipment’s processing capacity and the appropriate organization of the supply chain—both analytical material and reagents. It is extremely important to avoid situations in which tests cannot be performed due to a lack of reagents, the overloading of analyzers, or improper calibration. Therefore, the accurate prediction of the number of orders is crucial to optimize the laboratory’s operations, both in the short term—for the next few hours and minutes—and in the longer term, even monthly, which will allow for the appropriate planning of reagent stock. As part of the research presented in this article, machine learning methods were used to implement the above functionalities, which allowed for the development of a prototype of a laboratory optimization system using patient test results as a basis.

Rationing of nursing care and assessment of work safety and a healthy work environment in intensive care units: A cross-sectional, correlational study

IntroductionRationing of nursing care, whichrefers to the aspects of care not delivered by nurses in an intensive care unit (ICU), has implicationsfor patient outcomes and experiences. ObjectivesThis study aimed to identify the extent to which nursing care is rationed in intensive care units, as well as asses quality of nursing care, and the level of job satisfaction and its correlation with an assessment of the climate of work safety, teamwork, and a healthy work environment. MethodologyA cross-sectional, correlational study was conducted. The study included 226 ICU nurses. It was conducted with the use of three instruments: the Perceived Implicit Rationing of Nursing Care (PRINCA) questionnaire on the rationing of nursing care, assessment of patient care quality and job satisfaction, American Association of Critical-Care Nurses Healthy Work Environment Assessment Tool (HWEAT) and the Safe Attitudes and Behaviours Questionnaire questionnaire in the version: Teamwork and Safety Climate (BePoZa). SettingsIntensive Care Units in Warmia and Mazury Region in Poland. Main Outcome MeasuresLevel of Nursing Care Rationing in Intensive Care Units. ResultsThe majority of participants were women (89.82 %) with a mean age of 42.47 years. The average score for nursing care rationing across all groups was 0.58. The mean score for the HWEAT was 2.7 and BePoZa was 3.72. The scores from the questionnaires were negatively correlated with the nursing care rationing scores, being −0.36 for the HWEAT and −0.45 for BePoZa. All correlation coefficients were statistically significant at a p-value of less than 0.05. ConclusionsIt is important to monitor work safety, teamwork climate, and standards of a healthy work environment in ICUs to minimise the risk of rationing nursing care. Implications for Clinical PracticeInterventions that enhance work organisation and teamwork can elevate nursing quality and job satisfaction in ICUs, while underestimating patient care tasks; thus, highlighting the need for further research on the factors influencing nursing performance.

Regulating Workplace Conduct Continues to Challenge Employers

A recent finding by a National Labor Relations Administrative Law Judge has highlighted the inherent thorniness of establishing workplace standards. The case was General Motors Components Holdings, LLC, Case No. 07‐CA‐293340, JD‐09‐24 (February 8, 2024), in which the company was alleged to have violated the federal labor law by maintaining certain workplace rules. Notably, the challenge was directed at the rules themselves and not to any unlawful application of them. The challenged rules included prohibition of the “making or publishing of malicious statements concerning any employee, the Company, or its products.” A prior rule, prohibiting “the making or publishing of false, vicious, or malicious statements concerning any employe [sic], supervisor, the Company or its products,” had been in effect since the early 1970s.

Informing a sociological jurisprudence of mutual trust and confidence

Abstract The aim of this paper is to inform a sociological jurisprudence of the implied duty in the contract of employment of mutual trust and confidence. Present analyses of the emerging term have been doctrinal in nature. Such scholarship contributes a normative internal perspective to what can be understood as the jurisprudential project of guarding and maintaining law as a practice of regulation. This paper seeks to generate knowledge that will allow for an extension of the jurisprudential analysis to take into account how mutual trust and confidence may manifest in contemporary conditions of work. This is achieved by, first, presenting original sociological data of the employment relation in a work context likely to demonstrate practices that resonate with features of mutual trust and confidence – that of early-stage digital technology startups – and, secondly, contrasting this empirical account with doctrinal conceptions of the term. Findings unsettle the dominant jurisprudential account of mutual trust and confidence as positively contributing to the social goal of labour law as operating to counter the power of capital.

MODERN LABOR LAW: A REVIEW OF CURRENT TRENDS IN EMPLOYEE RIGHTS AND ORGANIZATIONAL DUTIES

This review delves into the dynamic landscape of contemporary labor laws governing the relationship between employers and employees, and encapsulates the evolving facets of labor rights and organizational responsibilities in the current milieu. The shifting paradigm of labor law reflects a growing emphasis on safeguarding employee rights. Recent trends indicate a heightened focus on inclusivity, non-discrimination, and diversity in the workplace. Legislative reforms and judicial interpretations have sought to fortify the rights of marginalized groups, encompassing gender, race, sexual orientation, and disability. Concurrently, the emergence of remote work and the gig economy has prompted reevaluations of traditional employment classifications, engendering debates on the extension of protections to freelancers and independent contractors. Moreover, organizational duties have undergone transformation, aligning with the evolving societal expectations. Compliance frameworks have adapted to address ethical considerations, sustainability, and corporate social responsibility, amplifying the obligations of employers beyond profit-centric objectives. This evolution extends to the duty of care owed to employees, encompassing mental health support, workplace safety, and accommodation for work-life balance. The review also analyzes the interplay between statutory regulations, judicial precedents, and societal shifts, charting their impact on the employer-employee relationship. It examines the complexities arising from the globalization of labor markets, addressing the challenges of harmonizing diverse legal frameworks and cross-border employment dynamics. It also scrutinizes the implications of technological advancements, such as AI-driven employment decisions, on labor rights. It probes the legal and ethical quandaries arising from the proliferation of surveillance technologies in the workplace, balancing the interests of productivity and privacy rights of employees. The insight presented in this review provides a comprehensive overview of the multifaceted landscape of modern labor law, capturing its intricate tapestry of rights, obligations, and the evolving contours of the employer-employee nexus amidst contemporary socio-economic dynamics.
 Keywords: Labour Law, Employee Right, Compliance, Organizational Duties, Review.

IMPROVING WORKING CONDITIONS FOR WORKERS INSTALLING MONUMENTS IN RITUAL ECONOMY

The ritual industry in everyday life is emotionally associated with mourning. Оccupational safety issues in this industry are not discussed as widely in society as in other industries. The ritual industry does not have its own sectoral labor protection rules, therefore, labor protection issues are regulated only by intersectoral labor protection rules.
 Memorial structures in terms of weight, as a rule, exceed the maximum permissible norms for single lifting and moving weights for men. Therefore, when lifting and moving memorial structures, means of small mechanization are required.
 In large cities, burial in cemeteries is very dense and the passages between the graves are getting narrower and narrower. Therefore, at present, an essential requirement for the means of mechanization for the transportation
 of monuments is the requirement that the dimensions of transport mechanisms correspond to the dimensions of narrow passages. Various types of mechanization equipment (trolleys) for transporting monuments are presented on the Russian market, but most of them are wider in size than necessary.
 This article examines the working conditions and risks of a worker installing monuments in a ritual household. The article presents technical solutions for moving memorial structures around the cemetery using small-scale mechanization tools to reduce the severity of workers» labor. Reducing the severity of workers» work will reduce the number of.

Unravelling the interlinkages: agency and vulnerability of hazardous child labour in Bangladesh

The prevalence of child labour in Bangladesh is a major concern, exposing children to hazardous working conditions with severe physical and psychological impacts on their well being. This ethnographic study investigates the interplay between the agency and vulnerability of child labourers in hazardous battery-recycling workshops, exploring the social, economic, and cultural factors that contribute to their vulnerability. The research posits that while addressing poverty and socio-­economic challenges is essential to combat child labour, a blanket ban on child labour in developing countries might be unfeasible due to complex economic factors. Therefore, the study suggests a middle ground between the ‘absolutist universalist’ and ‘contextualist’ approaches. This approach entails improving working conditions, enforcing age-related labour laws, and revising child labour policies to reflect the needs and views of children and their families. It emphasises participatory decision-making and introduces support measures for children compelled to work, including residential vocational schools and stipends. The study also advocates treating hazardous child labour as child abuse, legally combating it, and increasing public awareness against such practices. Additionally, the paper underscores the necessity of re-evaluating current social policies and thoroughly assessing anti-poverty initiatives to effectively curb child labour.

Do hometown CEOs treat their employees better? Evidence from China

AbstractEmployees are the most fundamental stakeholders in business operations, and safeguarding their rights and interests is an important manifestation of a firm's level of social responsibility. Little research has addressed whether hometown CEOs can affect employee‐related CSR (E‐CSR) and how the corporate ownership and regional economic development would moderate such an impact. Using an informal institutional perspective, we extend the literature on CEO characteristics by exploring the factors leading to employee welfare. Analysing a panel dataset of 1018 firms from Chinese A‐share listed companies between 2008 and 2020, we find a positive relationship between hometown identity and E‐CSR. Further research indicates that the effect is more pronounced in state‐owned enterprises and underdeveloped areas. Against the backdrop of weak labour protection in China's labour market, we contribute to research on informal institutions and employee benefits in pursuing harmonious labour relations.

Preferences for labour regulation: endowments versus beliefs

SUMMARY Are preferences for labour regulations driven by individuals’ own endowments or their beliefs? To address this question, we conducted a cross-country survey on people’s opinions on employment protection legislation – an area where reform has proven to be difficult and personal interests is at stake. We find that individuals’ beliefs contribute two to three times more than their own endowments and personal pay-offs. A randomized information treatment confirms that beliefs can explain views about regulations, but beliefs can also change with new information. Our results are robust to several checks, including to alternative estimation techniques and samples.

Achieving social sustainability through lean manufacturing practices: Insights from structural equation model and system dynamics

The relationship between Lean Manufacturing (LM) practices and their impact on Social Sustainability (SOS) remains an area that warrants further investigation, especially in developing countries and industrial sectors with a high level of manual work in which there are many occupational diseases, where well-being is required by labor laws, such as Mexican maquiladora (MM) companies. Recognizing this research gap, this study explores and assesses the influence of LM practices on MM's SOS. The study proposed and evaluated a structural equation model (SEM) with eight hypotheses tested statistically using information obtained from 411 responses to a questionnaire distributed across the MM. WarpPLS software (version 8.0) was employed to validate the SEM and STELLA ARCHITECT V3.0.1, to evaluate a system dynamics model to simulate the longitudinal behavior of LM practices on SOS. The findings underscore the critical role of the 5 S methodology in facilitating the adoption of practices, such as Total Productive Maintenance, Quick changeover, and One-piece Flow, exhibiting positive repercussions on SOS. Notably, the study's estimates suggest a timeline of approximately 6.5 years to attain 100% implementation of these tools, while achieving complete SOS may extend to approximately 11.75 years. It is imperative to approach these projections cautiously, because of the dynamic nature of business environments, wherein unforeseen alterations may significantly influence these timelines. These estimates offer valuable insights into the potential temporal dynamics of LM practices and SOS implementations in industrial contexts.

The Need to Harmonize the Labor Legislation of Pharmaceutical Workers of the Member States of the Eurasian Economic Union (EAEU)

The paper is devoted to topical issues of legal regulation of the work of pharmaceutical workers both at the level of international legal acts of the Eurasian Economic Union (EAEU) and at the level of national legislation of the member states. These problems include the lack of a uniform integrated approach to the regulation of the work of pharmaceutical workers in international legal acts and its fragmentation. This leads to a decrease in the effectiveness of legal regulation of these categories of subjects of labor law. The situation gives rise to two dialectically interrelated trends at the EAEU level. On the one hand, international legal acts on the drug market of this organization contain norms that regulate the work of pharmaceutical workers. On the other hand, these norms do not cover all aspects of the work of pharmaceutical workers. The solution to this problem is seen in changing the international legal acts of the EAEU on the drug market by stipulating the norms regulating the work of pharmaceutical workers, considered in a single system and in close relationship with pharmaceutical activities. This is possible through the analysis, and in the future, the use of positive legal experience in regulating the labor of pharmaceutical workers in the EAEU countries to develop separate sections of the international legal acts of the EAEU in the field of regulation of the pharmaceutical market (in the form of appendices thereto).