Labor Law Research Articles

Normative Approach to Workers’ Mental Well-Being in the Digital Era

The paper aims to provide theoretical insights and explore the comparative legal practice of approaching mental health and well-being at the workplace by applying legal normative and comparative methods in a digitalized world of work. In this regard, subordination vs autonomy needs to be considered as a starting theoretical point accompanied by an overview of comparative legal approaches that have recently introduced some novel legal mechanisms, such as the right to disconnect to deal better with the exercise of fundamental labor rights. Additionally, introducing a psychosocial risk management model in occupational health and safety could significantly improve workers’ mental health and well-being in the digital age. Therefore, the proactive, holistic, and integrated approach to workers’ rights and status in the digital environment must be analyzed by exploring the bounding point between organizational management views on the subject and labor law standpoints.

Self-Employment and Labour Market Decentralization: Legal Frameworks and Challenges in the European Union

This article examines the stimuli and implications of the employment decentralization trend within the European Union, highlighting the spiral in self-employment. The demarcation between traditional dependent employment and self-employment has culminated in the evolution of distinct legal frameworks and protective measures. These frameworks traverse substantive labour laws, social security provisions, health insurance, and tax structures, each meticulously designed to cater to the specific needs and attributes of workers within these separate employment categories. Given the escalating prominence of the self-employment domain, there’s an emerging imperative for a re-defined labour legislation strategy. This strategy aims to harmoniously combine freedoms and self-employment with the EU’s foundational principles, including solidarity, equitable treatment, and robust social protection.

Zakres związania pracodawcy wnioskiem o pracę zdalną – uwagi na temat pojęć rodzaju i organizacji pracy w ujęciu systemowym

This article discusses the employee’s right to remote work. The author considers the issue of the scope of binding the employer with the application of employees who are entitled to submit an application for remote work. The aim of the article is to discuss the grounds for refusing an employee’s application and their interpretation from the point of view of the entire labor law system. In the final part of this study, author tries to show sanctions for employer, who refuses employee’s application with infridgment legal regulations.

DOCUMENTATION OF PERSONNEL MOVEMENT AT THE ENTERPRISE AS A COMPONENT OF THE MODERN MANAGEMENT SYSTEM

Modern society faces a complex of problems related to the effective use of information. The combination of document studies with theoretical and applied management tasks makes it possible to talk about the existence of a separate document category that provides management processes. Documents are the basis for making and implementing management decisions and at the same time are their reflection. The level of management documentation, or record keeping, is an important factor in the effectiveness of any enterprise, institution, or organization. Management documentation covers several documentation systems. They, solving general issues, reflect the regularities and peculiarities of one or another sphere of activity. One of such systems is personnel documentation. Highlighting the specifics of personnel administration is important for understanding its place in the management system. In this connection, the problem arises of determining the personnel documentation role in the management processes of the organization, its analysis from the point of view of the performed functions. The study of personnel records as a separate subsystem in the documentation support of management processes is the basis of this work. The relevance of the problems discussed in the work is due to the modern development of Ukraine’s economy. Objectively, personnel administration acts as a mediator between two areas that do not entirely coincide: between labor legislation and the personnel management system. Today, issues of organizing an effective system of work with personnel at enterprises, institutions and organizations are becoming more and more important. In this regard, the role of personnel administration is growing, and the analysis and improvement of the work organization for the personnel service is gaining special relevance.

The current social protection discourse, gig economy within the advent of COVID-19: some emerging legal arguments

ABSTRACT Gig workers are classified as independent contractors, a designation often accompanied by limited rights – a recurring theme within employment laws across diverse jurisdictions. The advent of the COVID-19 pandemic has underscored the necessity for enhanced protections and benefits for gig workers. Many in this category have been disproportionately affected by the economic downturn and health risks associated with their work. Amidst evolving case law and legislative efforts, the recognition has grown that gig workers may require additional safeguards. There is an increasing argument that platforms should bear a measure of responsibility to ensure social protections for gig workers.

TO THE EXPEDIENCY OF STUDENTS' TRAINING IN ELECTROMAGNETIC POLLUTION PROTECTION

Problem statement. Electromagnetic radiation is a combination of electric and magnetic radiation, the energy of which, when it affects a given material body, does not cause an ionisation process in it. Natural electromagnetic radiation not only guarantees the proper development of every living organism, but also affects the change of seasons and weather. Humans have disturbed the Earth's natural electromagnetic environment by including devices that emit electromagnetic energy in a wide range of frequencies. Artificial electromagnetic fields accompany us everywhere: at home, at work, on the road, and during leisure. The sanitary and hygienic state of the environment, including the electromagnetic situation in populated cities, is of great hygienic importance for ensuring proper living conditions for the population. The electromagnetic situation in cities and other settlements is created by a large number of radio and electrical equipment for economic, defence and other purposes. The purpose of the article. To conduct a systematic analysis of the impact of electromagnetic radiation from various types of electrical equipment on the environment. It is shown that electromagnetic radiation is dangerous both for the population as a whole, especially for children, and for personnel who operate powerful equipment - sources of electromagnetic radiation. Conclusion. Studies of electromagnetic radiation in the environment show that prolonged exposure to powerful electromagnetic fields can cause illness and even death. Therefore, rules for using artificial sources of electromagnetic radiation should be followed to minimise the damage to both human health and the environment. These rules are not so difficult to follow, but they are quite effective. And for labour protection and civil safety specialists, this knowledge will enable them to create safe working conditions in the workplace.

Navigating Legal Responsibilities in Chinese Private Equity Investments: A Comprehensive Study on Human Resource Management Practices

Human Resource Management (HRM) plays a pivotal role in the success and sustainability of ventures, particularly within the complex domain of Chinese private equity investments. This study delves into the multifaceted legal responsibilities inherent in HRM practices within this context, aiming to provide comprehensive insights essential for effective organizational management and compliance. Drawing upon specific Chinese laws, empirical data, and relevant citations, the study scrutinizes crucial areas such as employment law compliance, corporate governance obligations, adherence to industry-specific regulations, and compliance with international labor standards. Through a detailed examination of key legal obligations and regulatory frameworks, the research illuminates the challenges faced by human resource professionals and private equity firms in China, offering valuable insights for practitioners and organizational leaders alike. By emphasizing proactive compliance initiatives and the significance of ethical labor practices, this study contributes to the cultivation of a regulatory-aware and ethically conscious environment conducive to organizational success in the dynamic landscape of Chinese private equity investments.

European Integration and the Labour Law Reform in Georgia. Achievements and Challenges

European Integration and the Labour Law Reform in Georgia. Achievements and Challenges

Ocena skuteczności kompleksowej rehabilitacji osób z niepełnosprawnościami na podstawie ICF

Assessment of the effectiveness of comprehensive rehabilitation of persons with disabilities based on the ICF The pilot comprehensive rehabilitation program for persons with disabilities was implemented by PFRON in partnership with the Central Institute for Labor Protection – National Research Institute (CIOP-PIB) and ZUS in 2018-2023. During it, over 600 participants underwent several months of comprehensive rehabilitation in four centers. In the developed model, the main diagnostic tool that enabled various groups of specialists to cooperate in various areas of impact was the International Classification of Functioning, Disability and Health (ICF). Many participants achieved their intended goal – they undertook professional activity tailored to their capabilities, needs and preferences. A large number of people became active, improved their mental and physical well-being and gained knowledge that they can use in their future work. This article presents selected results of the assessment of the effectiveness of rehabilitation impacts, which is the difference between the final and initial research results in various categories of the ICF classification. Keywords: comprehensive rehabilitation, ICF

Productivity, Sustainability, and Economic Growth in Metropolises: Estimates of Long-Time Commuting Effects in Developing Countries

Purpose: The study aimed to investigate the long-time commuting patterns of workers in the developing world, observing metropolises’ samples. The main question to be answered was whether there is scope for labor policy changes towards reducing long-time commuting to obtain productivity gains based on life quality improvements. Theoretical background: Although previous research indicates the presence of symmetric patterns in the developing world, specifically in long-time commuting, there is still a gap in checking the possibilities for labor productivity growth as a consequence of worker´s life quality improvement. Methodology: In this study, we observed six of the biggest metropolises located in very different geographic regions – New Delhi (India), Mexico City (Mexico), São Paulo (Brazil), Manilla (Philippines), Nairobi (Kenya), and Accra (Ghana). Simple random samples of workers in the Metropolitan Areas were surveyed electronically, by ‘Google-Forms e-survey’ during the second half of 2019. Considering error margins below 5 percentage points and with a 95 percent point confidence level, the authors used proportion (p) sample distributions to draw inferences about the population of workers. Results and conclusion: The results showed that long-time commuters are between 12 and 26 percent of the workers. More than 65 percent of workers in all the cities were interested in reducing commuting time. More than half of the workers agreed that reducing commuting time could improve labor productivity, and the same share is aware of the negative effects on quality of life and health. Labor policy changes in these six metropolises have the potential to affect more than 6.5 million workers. Research implications: The study advances in verifying the long-time commuting patterns and consequences, opening doors for labor policy changes towards gaining productivity by reducing time spent commuting, as previous literature has partially done. Originality/value: The approach of the work and its results contribute to expanding empirical research related to the assumptions of labor productivity growth based on life quality improvements.

Aligning Nigeria’s International Obligations: A Comprehensive Analysis of Environmental Protection within the Industrial Law and Policy Framework

Environmental protection is a global concern but action taken varies widely. The absence of sustainable practices in labour and industrial policies in Nigeria has contributed significantly to environmental degradation. This is due to the non-internalisation of environmental concerns and non-adherence to international environmental laws and obligations, which has led to the absence of environmental protection standards as a factor in investment decisions. Studies have shown that minimising environmental impact is essential for the planet and the long-term success and reputation of a business. Therefore, in this article it is argued that a comprehensive set of guidelines and procedures to govern operations in areas such as waste management pollution, energy use, and emissions reduction, as well as employee training and engagement in sustainable practices, will minimise environmental footprints and positively impact on communities. Understanding that commitment to international obligations and national policies reflects the belief that business has a crucial role in preserving the environment for future generations, a regular assessment of progress towards meeting these obligations and seeking opportunities for continuous improvement in national laws are recommended. Employing a legal analysis and literature review methodology, the article will outline and review environmental and industrial policies in Nigeria to see what review or amendment options are available in line with the commitments and obligations under international law, while also making inferences from select countries.

Between export-led growth and administrative Keynesianism: Italy’s two-tiered growth regime

ABSTRACT Comparative political economy scholarship struggles to categorise Italy’s model of capitalism between a mixed-market economy and a hybrid, stagnant economic system. To enhance our understanding of the Italian political economy, this article employs the analytical framework of growth regimes to study Italy’s regional economic systems. Our analysis indicates that Italy can hardly be defined as a ‘national growth regime’ due to the presence of two diametrically opposed regional growth regimes: Northern regions conform to a manufacturing-based, export-led growth regime supported by competitiveness-enhancing territorial institutions; southern regions conform to a particular variety of the consumption-led growth regime, that is, an administrative Keynesianism regime, which we theorise to typify a regime where growth and employment are systematically dependent on the state’s role of employer of last resort, the state’s consumption-enhancing social policies and economic forbearance of labour and corporate tax regulations. The article suggests that studying regional growth regimes is desirable when marked internal diversity in economic outcomes or productive structures exists across regions within (generally larger) countries, and when subnational governments have powers to develop major own institutions/policies in support of regional growth regimes.

Advancing the labour rights of migrant workers beyond Kafala: the impact of ‘established-outsider relations’ on reforming Qatar’s transnational labour management system

In the years following Qatar’s successful 2010 bid to host the FIFA World Cup 2022, there has been a significant shift in its engagement with the migrant labour rights discourse, and subsequent embarkment on significant reforms as the result of intense international scrutiny and advocacy action. The core feature of Qatar’s historically evolved transnational labour management system, Kafala, has become a key focal point of international advocacy efforts. The objective of this article is to assess the extent to which the reforms constitute a break in Qatar’s historical (that is, pre-FIFA 2022) labour management system, and thus a meaningful disruption to the social reproduction regime that allowed the Kafala system to persist. We do so by probing the institutionalisation of those reforms, with a particular focus on the agency of labour through collective worker empowerment. Drawing on interviews with key transnational actors involved in the reform process in situ, we employ the ‘established-outsider’ relations concept in our analysis of the reforms, while highlighting the remaining challenges. Our ultimate argument is that although the reforms in Qatar seek to provide more labour rights and protections, they fall short of loosening the absolute control of sponsors (kafeels) over their employees. This is due to two main reasons: the absence of strong and effective institutions to convert the legal reforms into rights in practice; and the fact that laws outside of the labour ministry, that fall under the jurisdiction of the interior ministry, are the foundation of the relationship between citizens and migrants and remain largely untouched. These double-edged limitations guarantee the social reproduction of the highly unequal labour mobility system by firmly keeping in place ‘established-outsider’ relations.

Labour Laws and Human Rights: a Converging Agenda

India is an emerging nation that heavily relies on its unorganized sector. Throughout history, the workers in the nation have faced exploitation and have been deprived of their fundamental human rights. Following independence, various actions were implemented at various points to address this issue and ensure the prioritization of Human Rights. In furtherance to international conventions and Constitutional requirements, multiple statutes were enacted to guarantee the rights of workers. There were approximately 44 laws have been enacted in India since independence to improve the welfare of workers and enhance working conditions in the workplace. These statutes encompassed various rights such as Right to minimum wages, Right to Maternity Leave and benefits, Right to Bonus, Right to insurance and other medical benefits, Right to compensation for injuries, and Right to safe working conditions. The abundance of statutes resulted in a huge mess and a tangle of complexities. In order to enhance accessibility for workers, the government has consolidated the key legislation into 4 Labour Codes. Throughout the years, the judiciary has played a crucial role in safeguarding the human rights aspect of the labour laws. When determining cases, a purposive interpretation approach has been given to all the beneficial statutes while deciding cases. This research study thoroughly explains the evolution of labour laws in India, shedding light on the Human Rights aspect of labor laws through various judicial precedents and the rights guaranteed under statutes and newly introduced codes and this paper deepens our understanding of the relationship between labour law and human rights.

Sexual harassment as a gender inequality and a form of workplace discrimination: A South African perspective

Sexual harassment is not a new phenomenon in South Africa. The continued existence of sexual harassment in the workplace specifically targeted at female employees undermines the constitutional rights to equality, human dignity, privacy, physical and psychological integrity, and fair labour practices. Against this backdrop, this article examines the different contributory factors that exacerbate or provide an enabling environment for sexual harassment to persist namely; gender inequality, sexist attitudes, and inefficient grievance procedures. Using an in-depth analysis of literature scholarly works, government reports, and legislative frameworks aimed at preventing sexual harassment in the workplace, and the selected jurisprudence of the courts, this article scrutinises the phenomenon of sexual harassment as a gendered harm. It evaluates whether there are adequate measures aimed at assisting victims of sexual harassment and gender inequalities in South Africa. Finally, in its conclusion, the article argues that, for labour legislation to efficiently address the prevalence of sexual harassment it should adopt a threefold function namely to address sexual harassment as a form of an unfair labour practice, gender discrimination and psychosocial harm.

РОЛЬ ОХРАНЫ ТРУДА В УВЕЛИЧЕНИИ ПРОИЗВОДИТЕЛЬНОСТИ И ЭКОНОМИЧЕСКОЙ ЭФФЕКТИВНОСТИ

This article examines the impact of labor protection on the productivity and economic efficiency of enterprises. Occupational safety plays a key role in ensuring the safety and health of workers, but its impact on business processes is often underestimated. The article discusses the mechanisms through which labor protection helps increase productivity and reduce economic losses in enterprises. Key aspects include reducing the number of accidents, reducing time losses associated with injuries and illnesses, and reducing insurance premiums and wasted resources for treatment and rehabilitation. In conclusion, it is noted that labor protection not only ensures the safety of workers, but is also an important factor in increasing the competitiveness and sustainability of enterprises.

STATE REGULATION OF THE ICT SECTOR IN UKRAINE IN THE CONTEXT OF TECHNOLOGICAL TRANSFORMATION OF THE ECONOMY

The paper deals with the understanding of government strategies for regulating the ICT industry. The purpose of the study is to rationalise the directions of government regulation of the ICT industry in Ukraine in the context of technological transformation of the economy. Using the methodology of descriptive statistics, the authors revealed the rapid growth of the number of employees in the ICT industry in Ukraine. The authors conclude that, from the point of view of state regulation, given the fact that employment has proved to be the main factor in the success of exports, it is necessary to prevent the outflow of labour from Ukraine. This is confirmed by the competitive advantages gained by Ukrainian ICT workers in the global market, namely: price – the cost of Ukrainian coders' services is close to the prices of Indian coders and seven times less than the cost of coders' services in the US; diversity and high quality of technological competencies that allow flexible implementation of high-level ICT projects; its own research and development base, as well as materials and technologies for the implementation of complex knowledge-intensive projects, flexibility in the use and distribution of necessary resources; cultural and geographical proximity to Europe. Based on this, strategies for interaction between the state and the ICT sector are being developed. First, the state needs to create favourable conditions for the sustainable development of the industry, including reforming legal norms, improving investment policy, modernising labour legislation, strengthening the protection of intellectual property rights, and ensuring the return of labour from abroad. Second, to create comfortable conditions to reduce the outflow of intellectual resources abroad and strengthen Ukraine as a brand in the IT sector in the eyes of the international community. The main strategies for the formation of mechanisms for state support of information services are as follows: the emergence of a modern IT infrastructure accessible to all, improving the quality of information services; a strategy for creating a regulatory framework for the effective use of the network economy; a strategy for creating state indicators of the development of the network economy; a strategy for creating information security in network systems.

Industrial Fragmentation, Migration and Live-in Factories in Ahmedabad

This article interrogates live-in factory labour as a distinct feature of informalised industrial structure, an absence of state regulation and an outcome of kinship-based internal migration processes and labour precariousness. It also demonstrates the fallacy of analysing living arrangements of migrant workers as undifferentiated structural artefacts and highlights the underlying social relational dynamics. It argues that suboptimal wages and terms of employment embedded in highly asymmetrical relations between employer and worker mediated through labour contractors and organised on caste, ethnicity and regional lines dictate the persistence of the system of in-factory living of workers. Such a living arrangement represents a distinct configuration of urban employment that allows firms to have greater control over workers’ lives to extract surplus value and determine their relations with the city. Thus, the article posits that migration, informal workplaces and informal labour relations converge together to create certain hyper-precarious occupational niches reserved for workers from particularly marginalised communities. Apart from debt bondage, a phenomenon which has received significant scholarly attention over the years, on-site accommodation is used by employers to keep vulnerable migrant workers in these niches.

An Evaluation on the Effectiveness of Labour Laws in Promoting Work-life Balance and Employee Wellbeing

In today's rapidly evolving global economy, the concept of balance in work-life has emerged to a specific and critical determinant of employee satisfaction, productivity, and overall organizational success. Defined as the symmetry between responsibilities of profession and commitments to personal life, achievement of necessary balance in work and life for sustaining physical health, mental wellbeing, and social fulfilment. In recognition of its significance, policymakers and employers worldwide have increasingly prioritized initiatives aimed at promoting balance in work & life balance and enhancing wellbeing of employee at the workplace.

Assessment of Compliance and Welfare of Construction Workers at Selected Building Construction Project in Kathmandu: Implications for Labor Act Implementation

This study assesses compliance and welfare among construction workers at selected building construction projects in Kathmandu, examining implications for Labor Act implementation. Utilizing literature review and questionnaire surveys, data from 228 workers, with 99 in the sample, were analyzed. The questionnaire surveyed 31 special Labor Act provisions, employing dichotomous questions. Results show high worker awareness of rights under the Labor Act, notably regarding employer duties, non-discrimination, working hours, overtime, and safety. However, gaps exist in awareness regarding remuneration, transportation, and timely wage payment. Mann-Whitney U tests comparing male and female respondents revealed no statistically significant differences in scores, suggesting gender neutrality in compliance perceptions. Challenges in labor law enforcement, including insufficient mechanisms, resource constraints, and monitoring gaps, were identified. Recommendations include strengthening enforcement, enhancing awareness, capacity-building, and stakeholder collaboration. Continuous monitoring and evaluation are emphasized to ensure construction worker welfare in Kathmandu.