Labor Law Research Articles

The intersection between traditional roles and a fragmented labor market: a propensity score matching analysis of gender wage gap in Ecuador

PurposeThis study aims at estimating the gender wage gap in Ecuador, and its evolution over the last decade and a half, exploring its heterogeneity through different working conditions (formal/informal, full employment/underemployment, short term/long term and tenure/no tenure) and workers personal characteristics (education level; age and children).Design/methodology/approachPropensity score matching (PSM) and coarsened exact matching (CEM) are used to examine the gender pay inequality of wage earners in Ecuador, using the National Employment, Unemployment and Underemployment Survey (ENEMDU) data set from 2007 to 2022.FindingsResults show a persistent gender pay gap, evidencing a significant heterogeneity through the different dimensions taken into account, in terms of working conditions and workers personal characteristics. The evolution of the pay gap during the years analyzed hardly shows any reduction of differences in earnings between men and women; on the contrary, women exposure to precarious and unregulated jobs seems to be increasing wage inequality.Practical implicationsThe results make the case for active policies oriented not only at containing the negative effects of the traditional division of labor within the family but also at improving labor law enforcement, mitigating informality and workers rapid turnover.Originality/valueThis study is one of the few that use matching techniques to study the gender wage gap and the first in Ecuador; the time span taken into account is larger than previous studies, allowing a medium-long run perspective across different economic phases.

Inkluzja funkcji ochronnej do relacji niepracowniczej

The author analyzes the inclusion of the protective function of labor law in the sphere of non-employment relationship. The main problem analyzed in the article concerns the issue of the universal nature of the protective function of labor law. According to the author, the subject of the protective function are all entities providing gainful employment, which is an added value in terms of the essence of this protection. This value will apply to all forms of performing work, and thus the rights resulting from the performance of work will be universal. The content of the protective function of labor law may be fulfilled by regulations unjustified in the traditional positioning of an employee within the meaning of the provisions of the Labor Code.

Exploring Termination of Employment Based on Serious Criminal Offences

There has not arisen any case laws post-Decision of the Constitutional Court No. 012/PUU-I/2003 and enactment of Article 52 paragraph (2) of Government Regulation No. 35 of 2021 to show how the Constitutional Court decision is being interpreted and applied by judges. The authors propose a future model for judges who will be adjudicating disputes in the Industrial Relations Court, that they may set aside rules which conflict with principles of law. The decision of the Constitutional Court stated that a reason for termination of employment due to serious violations pertaining to criminal acts perpetrated by workers as detailed in Article 158 of the Employment Law contradicting the 1945 Constitution having no binding force. Using normative legal research the authors argue that judges, based on several principles of law with independence of judiciary principle on their top, may disregard controversial regulation as the basis to justify the employment termination. It is argued as such, although the rule is still in full force as implementing law of a new Law on Job Creation. The new Law seemingly re-legalizes the right of employers to terminate employment due to acts of violation committed by workers as regulated in employment agreements, company regulations, or collective labor agreements. Based on the theory of Dignified Justice judges if any future disputes on termination of employment due to the controversial rule occurred may decide in favor of the employee based on important principles of law rather than the controversial rule. This will clarify the uncertainty of understanding among some circles that the Constitutional Court Decision could simply be annulled by Article 52 of Regulation No. 35 of 2021.

Обмежені речові права на земельні ділянки сільськогосподарського призначення: стан і перспективи

The article is dedicated to the realization of limited property rights to agricultural land plots. The author thoroughly examines the regulatory and legal framework of this issue and its doctrinal elaboration. The problematic aspects related to the realization of limited property rights are highlighted. It is noted that the current legislation lacks a clear definition of “limited property rights,” but such a concept may emerge during the update of civil legislation. The scientific literature presents a moderate view on the legal nature of limited property rights, necessitating a summary of different perspectives. The author’s proactive proposals for amending the current legislation are a significant step towards eliminating the existing gaps and ensuring legal certainty in the regulation of the relevant relations. The author also establishes that in today’s environment, the variability of property rights in terms of their content comes to the fore, which calls into question the absolute nature of these rights. This circumstance necessitates a study of an actual contract or a dispositive transaction, given that they (these rights) may be the objects of such contracts or transactions, and this requires the development of a universal contractual basis for the establishment of property rights. It is proposed that within the framework of recodification of civil legislation and considering the peculiarities of the national legal system and the specifics of national legislation, it is possible to consider the introduction of such a structure since this will ensure an inevitable unification of national legislation with EU legislation. In this study, the author used legal analysis and synthesis, systemic and structural, and comparative legal and formal logical methods to analyse the relevant legislation and doctrine and propose amendments to civil legislation. Keywords: freedom of will of the parties to the employment contract; change of employment contract, employee, employer, labor relations, work, labor contract, parties of labor contract, transfer, transfer, change of essential working conditions, right to work.

Employees’ Participation in Organization Management in the EAEU Member States: Traditions and Innovations

The paper provides a comprehensive analysis of the issues of employees’ participation in administration of an organization within the framework of the Eurasian Economic Union. The author begins the research with the history of the emergence of the right of employees to participate in the management of the organization, moving on to the analysis of current trends in corporate governance, where he pays special attention to the role of employees in making key decisions. It is emphasized that the active involvement of employees in the management of the organization not only contributes to the democratization of labor relations, but also directly correlates with increased labor productivity, improved corporate culture and overall job satisfaction. Through a historical review, the development of the idea of employees’ participation in management is shown: starting from the period of the birth of labor law in medieval Europe to modern practices in the member states of the Eurasian Economic Union. A separate section is devoted to the theoretical foundations of employees’ participation in management. The main part of the study focuses on the analysis of general trends and national characteristics of employees’ participation in the management of organizations in each of the EAEU member States. In conclusion, recommendations are presented concerning optimizing the mechanisms of employees’ participation in management at the level of the Eurasian Economic Union. Attention is focused on the need to take into account both common approaches and national characteristics. The author describes key problems and challenges that need to be overcome for the effective implementation of employees’ participation practices in management.

The Asian American Contract: On Useful Labor and Social Reproduction in Severance and Minari

Abstract This article examines the central role that the work contract plays in the production and reproduction of Asian diasporic worlds. In light of the history of Asian indentured contract labor in the Americas, the article proposes that the “Asian American contract” emerges as an affirmation of the exchange of useful labor for a sense of belonging and world for the Asian American subject—even when this exchange comes at the expense of life. Through readings of Ling Ma’s novel Severance (2018) and director Lee Isaac Chung’s film Minari (2020), the article demonstrates how the contract ultimately transforms Asian Americans’ reproductive labor—their childbearing and child-rearing—into their social reproduction as a racialized class of useful, compliant workers.

Access to Labour and “Differential Inclusion” for Young Venezuelan Migrants in Ecuador

Young migrants and refugees provide important inputs concerning production and social reproduction mechanisms (care work) that reproduce unequal but highly profitable patterns of accumulation around the world. The expansion of globalisation and neoliberalism has deepened such social dynamics, leading to a “multiplication of labour.” The diversification and heterogenization of migrant labour within neoliberal frameworks raise ethical and human rights concerns, including issues related to fair wages, working conditions, and access to social protections. After a neoliberal era in Latin America, the emergence of post‐development politics in the region led to increased efforts to address the needs of these populations. This article seeks to contribute to debates about “differential inclusion” in South–South migration and access to labour and social protection by analysing a specific case study of young Venezuelans, a recently growing phenomenon that has a great impact on the region. Ecuador is noteworthy because it hosts one of the largest populations of Venezuelan migrants and refugees and has adopted a human rights perspective in conjunction with public investments in social policy, health, and education. Despite efforts to legalize the work status of Venezuelan migrants, a more restrictive policy began to be implemented in 2019 that limited their access to formal labour and social protection. Within these complex dynamics of differential inclusion, instead of seeing these young migrants and refugees as victims, we analyse their resilience strategies of accessing social provisions while coping with informality and irregular status, as well as conditions of multiplication of labour. Using four real‐life stories as examples taken from a larger ethnographic study, we illustrate how dynamics of differential inclusion intersect with the gender, age, and legal status of young Venezuelans in Ecuador. The case studies are complemented with structural explanations from 6,000 household surveys collected between 2017 and 2020.

Labor protection and financing decisions of firms: The case of China

Increased labor costs enhance the human capital costs of bankruptcy and operating leverage, inducing a firm to reduce its financial leverage. Serfling (2016), among others, examines and finds support for the hypothesis. Using a sample of Chinese firms affected by 2008 stricter labor laws, we find evidence to support our hypothesis that non-SOEs, facing higher firing costs than their SOE (State-owned enterprises) counterparts, decrease their financial leverage significantly more than SOEs. Our experiment avoids some econometric shortcomings that creep into the Serfling study.

Cities’ labor administrative penalties and labor income share of enterprises

The labor administrative penalties of a city are enforced by the city's labor security administrative department for any breaches of labor security laws, regulations, or norms. The severity of labor administrative penalties differs across cities; thus, this study aims to determine how a city's penalties affect the labor income share of enterprises. We conduct a practical investigation to examine the influence of labor administrative penalties imposed by cities on the internal income distribution structure of firms. This study utilizes theoretical analysis and data on labor administrative penalties in Chinese cities, as well as samples of A-share listed businesses in Shanghai and Shenzhen. From the perspective of the internal income distribution structure, we examine the labor income share of firms and discover that labor administrative penalties in cities significantly raise the labor income share of these enterprises. The share of labor income of enterprises registered in the city increases by 0.9707 % for each additional unit of cities' labor administrative penalties (i.e., for a one-time labor administrative penalty per 10,000 people). The conclusion remains valid even after excluding the endogeneity and robustness tests. Regional labor administrative penalties can enhance the internal management of enterprise quality by promoting transparency and deterring non-compliance. This, in turn, mitigates credit risk for enterprises by fostering stable labor relations. Enhancing the quality of internal control and mitigating credit risk can lead to an increase in the labor income share of firms. An analysis of heterogeneity shows that the impact of labor administrative penalties in cities on increasing the percentage of labor income varies. The impact is more pronounced for state-owned firms and enterprises with low levels of investment.

Labor Management Practices of Selected Construction Contractors in Nepal

The objective of this study is to assess the labor management practices in Class 'A' construction contractors of Nepal. By identifying the challenges and exploring possible remedial measures, the study aims to contribute to the improvement of labor management practices in the industry. The paper is based on primary data and descriptive research design. The findings of the study shed light on several aspects of labor management practices. It was observed that hiring trained and experienced workers was a common practice. However, issues related to poor communication and planning were identified. The study also revealed significant challenges such as inadequate wages, a lack of occupational health and safety measures, an absence of comprehensive labor policies, unfair hearing practices, and insufficient training opportunities. Based on the study's findings, it is recommended that contractors prioritize to employee staffing, performance evaluation, work environment improvement, training initiatives, and compensation management. Addressing these areas can significantly enhance labor management practices.

Migrant sexual precarity through the lens of workplace litigation

AbstractTheories of precarity have emphasized workplace isolation, worker vulnerability and a lack of control over key features of work. Migration status has been viewed as an attribute that can exacerbate worker precarity, and sexual violence and bodily injury are viewed by feminist scholars including Violence Against Women scholars as sources of such precarity as well. Nevertheless, how the interaction of workplace conditions, migration status, gender and sexual violence impact migrants needs more attention. A new evidence base, the Migrant Worker Rights Database, explores workplace violations against migrants in 907 tribunal and court cases brought by migrants in Australia, Canada, the United Kingdom, and the United States over a 20‐year period. The data collected for this project demonstrates that female migrants experience higher rates of sexual harassment, sexual assault, sexual servitude, and sex trafficking when compared with men. Further, while such collectively termed “sexual violence” offenses comprise a small percentage of cases in the Database (1.3%), they are characterized qualitatively by key features that present a heightened form of sexual precarity when compared with citizens: misuse by employers of visa conditions, debt bondage, live‐in arrangements, entrapment and slavery, and the combination of sexual violence with economic infringements such as wage theft and physical assault. Sexual precarity, this paper argues, should be viewed as an overlapping and reinforcing form of workplace precarity that has distinctly sexual and bodily dimensions.

Work and rest regime in modern conditions

The article examines the integral content of the concepts of "work regime" and "rest regime", the history of the development of legislation on the work regime in Russia. The analysis of the signs of the legal nature of the work and rest regime is carried out, the values of these regimes are determined. The relevance of this topic is due to the fact that the regulation of work and rest is an integral element of labor law. Having a number of problems in this area, employees and (or) employers often violate the labor legislation of Russia on the organization of work and rest regimes. Consideration of issues related to work and rest time will allow determining vectors for further legal regulation and possible ideas for eliminating problematic issues. The main part of the work is devoted to the analysis of problem areas common in the Russian legal field in the regulation of working hours, as well as time for rest.

Research on Occupational Risk Assessment for Welder Occupation in Romania

The ever-increasing needs of the working population have led to the development of various branches of industry, an increase in the number of employees, and a rise in the number of work-related accidents. The welder occupation is one of the most sought after occupations in Europe, according to the EURopean Employment Services (EURES) statistics. Taking into account the work system in which welders conduct their activity (uncomfortable working positions, splashes, high temperatures, mechanical factors, gases and fumes, magnetic fields due to electric current), the paper presents the risk factors identified for the welder occupation, based on the occupational injury and illness risk assessments. Following the analysis of 25 risk assessments, carried out by the assessment team that must include qualified evaluators, process specialists, the workers’ representative, occupational health and safety responsible at various industrial economic agents, a total of 70 main risk factors of occupational accidents and diseases were identified for the welder occupation. Risk factors were classified according to four main work components: worker, workload, work environment, and means of production. To reflect the importance of the identified risk factor, the number of organizations that considered that the risk was likely to occur but also the possibility that the risk was above the acceptable limit, calculated using the National Institute for Research and Development for Labor Protection “Alexandru Darabont” (INCDPM) method, a method often used in Romania, was identified from the analyzed assessments. Finally, a prevention and protection plan was drawn up with regard to the risks identified for the welder occupation, the final aim of which was to respectively reduce the probability of occurrence with the severity of the risks identified.

Job quotas for disabled people: the legacy and novelties of employment legislation

The establishment of a quota for hiring disabled people for a long period of time retains the importance of one of the main measures of state support in the field of promoting the employment of such a category of citizens. Since 1995, this mechanism has undergone several stages of improvement. One of the last such significant changes is associated with the adoption in December 2023 of a new law on employment. However, the degree of efficiency of the quota remains in question. It was concluded that in conditions of an acute shortage of personnel, a shift in emphasis towards vocational training and additional vocational education for disabled people seems more attractive.

What explains the provision of health insurance by Indonesian employers? A trend analysis of the National Labour Force Survey 2018-2022.

Indonesian laws mandate that every employer should provide health insurance and work accident insurance to their employees. Nevertheless, there is a significant gap in the coverage of employer-sponsored insurance among Indonesian workers. This study examines the coverage of employer-sponsored insurance and work accident insurance and analyses the characteristics of the uninsured working population in Indonesia. We analysed nationally representative cross-sectional data from the National Labour Force Survey (NLFS) conducted between 2018 and 2022. The primary dependent variable was the provision of health insurance and work accident insurance by employers. The independent variables included having any physical disabilities, number of working hours, duration of employment, labour union membership, earning at least the provincial minimum wage, having a written contract and working in high risk jobs. Logistic regression was employed using the R statistical software. The findings indicate that coverage of employer-sponsored health insurance is low in Indonesia-ranging from 36.1% in 2018 to 38.4% in 2022. Workers with a written contract, earning at least the provincial minimum wage, were members of a labour union, employed for at least 5 years and working more than 40 hours a week were more likely to be insured. By contrast, workers who had physical disabilities or were employed in high-risk jobs were less likely to be insured. Our study concludes that having a written employment contract is the single most influential factor that explains the provision of employer-sponsored health insurance in Indonesia. The country's labour laws should therefore formalize the provision of written employment contracts for all workers regardless of the type and nature of work. The existing laws on health insurance and work accident insurance should be enforced to ensure that employers meet their constitutionally mandated obligation of providing these types of insurance to their workers, particularly those engaged in high risk jobs.

CONSTITUTION AND REGULATION OF LABOR RELATIONS: THEORETICAL AND PRACTICAL ASPECTS

The article analyzes the role and place of the Constitution of the Russian Federation and its principles in regulating relations related to the use of wage labor and constituting the subject of labor law, as well as issues of practical application of international and sectoral principles of law in the eld of labor. The issues related to the consolidation and development of constitutional principles in the labor legislation of the Russian Federation are analyzed. First of all, these are the basic principles of legal regulation of labor relations and other directly related relations, enshrined in Article 2 of the Labor Code of the Russian Federation. It is clari ed that the principles are not “slogans” and purely theoretical constructions - they should be actively used at the stages of rulemaking and law enforcement. This provision is illustrated by the judicial practice of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. The problem of the correlation of such important categories as politics, economics and law is touched upon, the need for an optimal ratio of their inherent mechanisms in all spheres is emphasized.

The Farm Workforce Modernization Act and warnings from previous immigration reforms

AbstractImmigrants are vital to agricultural production in the United States, and nearly half the crop workforce is unauthorized. Previous attempts to reform the immigration system have not successfully legalized the farm workforce or caused substantive rise in farmworker incomes. Current proposed legislation would legalize unauthorized farmworkers, streamline the H‐2A agricultural guest worker program, and provide a pathway to citizenship for H‐2A workers while simultaneously requiring agricultural employers to check the immigration status of workers using E‐Verify. This paper discusses proposed farm labor legislation in the context of current farm labor market conditions, outcomes of historical farm labor and immigration policies, and ongoing immigration trends.

DIGITALIZATION OF LABOR-LAW RELATIONS: BASIC PROVISIONS AND DEVELOPMENT PROSPECTS

The updated national goals of development of the Russian Federation for the period till 2030 and on perspective till 2036, approved by the Decree of the President of the Russian Federation dated 07.05.2024 No. 309, contain the most important directions of further development of our country, including such areas as: technological leadership, digital transformation of public and municipal administration, economy and social sphere involving automation of the most part of transactions within uniform sectoral digital platforms and data-based management model taking into account the accelerated implementation of big data processing technologies, machine learning and artificial intelligence. Achievement of these goals, defined by the Russian President as fundamental for the modern development of the state and systems of public administration bodies, is impossible without strategic development of the branch of labor law. The basis for achieving these national development goals is the development of a trinity of directions: digitalization of labor law relations - expansion of the use of artificial intelligence in the field of labor and employment - development of new forms of employment, such as remote work and platform employment. The goal of digitalization of labor relations is to increase efficiency, optimize resources, improve communication and ensure more flexible and transparent personnel management. As part of the digitalization of labor relations, companies apply various tools and technologies such as electronic HR management systems, online-platforms for recruiting and manpower planning, automated systems of control of working hours, virtual workspaces and other digital solutions. New digital solutions in HR management can become one of the drivers of development of the Russian economy, allowing for adequate savings for employers. The automation of production, the expansion of hiring remote workers, optimization of the use of artificial intelligence in work processes raise the question of deepening the scientific research of these aspects in labor law.

Optimizing Uterine Synchronization Analysis in Pregnancy and Labor Through Window Selection and Node Optimization

1) Introduction: Preterm labor (PL) has globally become the leading cause of death in children under the age of 5 years. One of the most significant keys to preventing preterm labor is its early detection. 2) Objectives: The primary objectives of this study are to address the problem of PL by providing a new approach by analyzing the electrohysterographic (EHG) signals, which are recorded on the mother's abdomen during labor and pregnancy. 3) Methods: The EHG signal reflects the electrical activity that induces the mechanical contraction of the myometrium. Because EHGs are known to be non-stationary signals, and because we anticipate connectivity to alter during contraction (due to electrical diffusion and the mechanotransduction process), we applied the windowing approach on real signals to identify the best windows and the best nodes with the most significant data to be used for classification. The suggested pipeline includes: i) dividing the 16 EHG signals that are recorded from the abdomen of pregnant women in N windows; ii) apply the connectivity matrices on each window; iii) apply the Graph theory-based measures on the connectivity matrices on each window; iv) apply the consensus Matrix on each window in order to retrieve the best windows and the best nodes. Following that, several neural network and machine learning methods are applied to the best windows and best nodes to categorize pregnancy and labor contractions, based on the different input parameters (connectivity method alone, connectivity method plus graph parameters, best nodes, all nodes, best windows, all windows). 4) Results: Results showed that the best nodes are nodes 8, 9, 10, 11, and 12; while the best windows are 2, 4, and 5. The classification results obtained by using only these best nodes are better than when using the whole nodes. The results are always better when using the full burst, whatever the chosen nodes. 5) Conclusion: The windowing approach proved to be an innovative technique that can improve the differentiation between labor and pregnancy EHG signals.

ВИТОКИ СТАНОВЛЕННЯ І РОЗВИТКУ ПРАВОВОГО РЕГУЛЮВАННЯ ЗАПОБІГАННЯ МОБІНГУ В СИСТЕМІ ДЕРЖАВНОЇ КРИМІНАЛЬНО-ВИКОНАВЧОЇ СЛУЖБИ УКРАЇНИ

The issue of mobbing within the penitentiary system requires a comprehensive approach to studying the problem and addressing it within the state structure. For a long time in Ukrainian law, defining the concept of “mobbing” was challenging, leading to reliance on foreign experience, particularly in labor law. Ukrainian psychologists and managers, mirroring their foreign counterparts, emphasized the need for protection against mobbing, viewing it as an applied task requiring managerial resources like specialized training, mediation for conflict resolution, and the development of corresponding legal norms. The Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Prevention and Counteraction to Mobbing (Harassment)” came into effect on December 11, 2022, introducing the term “mobbing” into Ukrainian legislation. The law defines mobbing as actions by employers or individual employees aimed at demeaning the dignity and reputation of an employee, encompassing psychological and economic pressure, electronic communication use, or creating a hostile work environment. Consequently, since 2022, “mobbing” in Ukraine is legislatively recognized as a negative phenomenon primarily in labor relations. In the context of the penitentiary system, legal relationships often intersect with labor law, and the internal labor market of the penitentiary system has its peculiarities, engaging convicts in socially beneficial work. The evolving legal regulation of mobbing prevention within the penitentiary system should be examined in three stages: legal inheritance (before 2005), legislative improvements (2005–2022), and new challenges (from 2022). The history of legal regulation in preventing mobbing in the penitentiary system demonstrates gradual improvements in Ukrainian and global legislation, adapting international standards to enhance working conditions and prevent mobbing. Continuous evaluation and enhancement of measures for mobbing prevention within the criminal-executive institutions are crucial for creating fair and dignified working conditions for employees in the Ukrainian penitentiary system. Key words: mobbing, State Criminal and Executive Service of Ukraine, legal regulation, prevention, legislation, employee.