Labor Law Research Articles

Harmonizing Progress: The Resounding Impact of Education on Women's Economic Empowerment

This study explores the transformative role of education in economically empowering women in District Dir Lower, Malakand Division, Khyber Pakhtunkhwa, Pakistan. The research delves into the correlation between women's education and economic well-being, emphasizing education as a gateway for women to compete in the labor market, strengthen earning possibilities, and gain control over resources. The methodology employs purposive sampling to engage with 20 educated and employed women, using open-ended questions in interviews to capture authentic narratives. Thematic analysis is applied to unravel insights, and ethical considerations ensure confidentiality and cultural sensitivity. The qualitative data analysis unveils a rich tapestry of themes, emphasizing education's impact on women's employment and productivity. Educated women emerge as pivotal contributors to family and national income, participating actively in legislation and policy-making. The study underlines the importance of women's education as a gateway to economic growth, with higher literacy rates correlating to stronger GDP and GNP. The symphony of women's education is portrayed as a transformative force, empowering nations and fostering a brighter, more inclusive future. The study calls for government prioritization of girls' education, implementation of skill development programs, and gender-responsive labor policies to foster gender equality and women's economic empowerment.

Econometric analysis of the development of labor potential of agro-industrial complex of Kazakhstan

The goal is to reveal the basis for the formation of labor potential in agriculture, its condition and role in socio-economic development of rural areas. Consider theoretical foundations of economic and mathematical modeling of dynamics of the formation of human resources in agro-industrial complex of Kazakhstan. Methods - application of methodology for carrying out forecast calculations based on econometric model in the form of a system of joint equations, tracing the connection of labor market with changes in demographic structure of the country's rural population. The study used statistical data series provided by the Bureau of National Statistics of the Agency for Strategic Planning and Reforms of the Republic of Kazakhstan. An overview of government support measures aimed at increasing labor reserves in rural areas is presented. As a result of scientific research, calculation forecast models were obtained, on the basis of which the values of main statistical indicators characterizing the dynamics of labor activity in rural areas of the republic for the long-term period were determined. Results - ways to overcome negative trends that slow down labor activity and form effective labor potential in rural areas are proposed: ensuring real growth in rural employment in all areas of activity; creation of additional high-performance jobs; improvement of social infrastructure. Conclusions - based on forecast calculations of indicators reflecting the directions of development of human capital in agricultural sector, opportunities for increasing GDP of products (services) of agriculture, forestry and fisheries have been identified. Studying the problems of rural labor economics makes it possible to note imbalances in the supply and demand of qualified specialists. In this regard, there is a need for active labor policy, stimulation of job search, training in professional skills, acquisition of a new profession.

Tending to Tradition?

From 1901-1942, the Ethical Policy era in the Dutch East Indies was a period when ‘ethical’ colonial policies, which sought to retain the cultural integrity and welfare of the Indonesian people were introduced by Dutch colonial authorities. These ethical policies included strengthening Indonesia’s agricultural economy to bolster local welfare, as well as integrating traditional Indonesian laws and values (adat) into their labour policies—particularly for female labourers. This paper explores the effects of Dutch Ethical Policy on the labour conditions for Indonesian women by examining the consequences of agricultural expansion, how adat is retained in labour policies, perceptions of Dutch versus Indonesian women, and the female night labour bill of 1925. It posits that the Netherlands used pretenses of promoting Indonesian welfare and retaining traditional customs to justify and cover their complacency in the hazardous labour conditions for Indonesian women as a means to earn more profit from crop yields.

Business development in Ukraine with the support of employers' organizations and their associations

Introduction. In developing countries, state support for the development of entrepreneurship is of crucial importance, at the same time, civil society organizations play an important role in achieving business success of micro-entrepreneurs by providing various services, consultations, defending the interests of the business community in interaction with the authorities. Non-governmental business support organizations contribute to the development not only of their members, because by providing business support and acting on behalf of the business community to improve the conditions for conducting economic activity, such organizations as a result ensure the development of the country's economy as a whole. The purpose of the paper is to analyze the possibilities of employers' organizations and their associations in promoting business development in Ukraine. Results. Employers' organizations and their associations play an important role in the formation and implementation of state economic policy, regulation of labor, social, and economic relations. The activities of employers' organizations contribute to the establishment of effective cooperation between the business community and the authorities, including through the participation of such organizations in social dialogue. Today, the largest association of employers' organizations of Ukraine - the Federation of Employers of Ukraine takes an active part in the processes of liberalization of business conditions and implements effective support for business development, including through: lobbying business interests in the state authorities of Ukraine (local and central); support at the legislative level of various business initiatives of employers; providing opportunities for legislative and business intelligence; establishment of cooperation with foreign partners; attracting business to a wide range of events, meetings and conferences at various levels - local, national and international. The Employers' Federation of Ukraine, being a full member of the International Organization of Employers, actively promotes the interests of its members also in the international arena, in particular, regarding trade and access to foreign markets, including through participation in trade forums. Conclusions. Employers' organizations and their associations are today's important business associations that have the right to conduct collective bargaining at a certain national, sectoral, and territorial level on behalf of their members. As independent institutions, employers' organizations can influence public policy, thanks to their involvement in the processes of public policy discussion, monitoring of legislative initiatives and cooperation with the government sector. Such organizations provide specialized business resources, including professional advice and services, to assist with current issues of running and supporting business development.

Taking Control: Making the Most of Contingent Labor in the Health System.

With the explosion in contract labor use and expenses that occurred during the pandemic, health systems are being challenged to better understand, manage, and control how temporary labor is utilized for meeting staffing needs. New contracting strategies and a refocused relationship with third-party agencies can improve the efficient use of contract labor.

DISCRIMINATION IN THE FIELD OF LABOR AND OBLIGATIONS OF THE PARTIES TO LABOR AND DIRECTLY RELATED RELATIONS

The purpose of the article is to analyze the current legislation in order to determine the ratio of generally recognized principles of labor law and the obligations of the parties to labor relations, including the obligation of the state to ensure protection against unemployment. The authors analyzed the norms of the Labor Code of the Republic of Kazakhstan concerning the duties of employers and employees of the guiding party, the norms of the Social Code of the Republic of Kazakhstan in relation to some issues of legal regulation of unemployment. As a result of the analysis of the current labor and related legislation, the authors came to the conclusion that some norms of the Labor Code of the Republic of Kazakhstan, as well as the new Social Code of the Republic of Kazakhstan, are discriminatory. In particular, the legal status of employees and employees of the sending party in the Labor Code of the Republic of Kazakhstan varies, especially regarding the duties of employees of the sending party. Thus, a number of signs were identified that make it possible to conclude that despite the lack of equal rights and opportunities for employees of the sending party in comparison with ordinary employees engaged in labor activities under the employment contract, the obligations of the above-mentioned parties to labor relations coincide. In some cases, some duties inherent in ordinary workers are unnecessarily imputed to the employees of the guiding party. As an example, the obligation of the employee of the sending party to compensate for material damage to the employer in case of violation of the non-competition condition is given. In addition, the analysis of some norms of the Social Code of the Republic of Kazakhstan concerning the legal regulation of unemployment made it possible to determine the trends of discrimination against individuals. Thus, clause 6, paragraph 3, article 99 of the Social Code of the Republic of Kazakhstan limits the right of convicted persons in protection against unemployment by the state. The authors point to the need to revise some of the current legislation in order to exclude discrimination in the workplace.

Научный вклад А. Г. Козлова в изучение истории Северо-Востока России

The article presents the main results of the scientific activities of A. G. Kozlov (1951-2006), Senior Researcher at the Laboratory of History and Archeology of the North-East Interdisciplinary Scientific Research Institute of the FEB RAS, local historian, and populiser of science. In 1997-2006, he was involved with various problems of Magadan оblast history, peculiarities in the industrial development of Russia's North-East, the Dalstroy economic activities, correctional labour policy in the area in the 1930s-1950s, as well as the foundation and development of the city of Magadan. A. G. Kozlov made a significant contribution to studying the history of Magadan oblast.

Детерминанты проблем применения ст. 143 Уголовного кодекса Российской Федерации

Abstract: the article studies the determinants of the application issues of article 143 of the Criminal Code of the Russian Federation “Violation of labour protection requirements”. Introduction. Issues of criminal-legal assessment of criminal violation of labour protection requirements, with no doubt, do not lose their relevance. In particular, it concerns a number of theoretical and practical problems of development of directions for improving the norms of Article 143 of the Criminal Code of the RF and its practical application. The complexity of qualification of this offence is due to the blanket disposition of the specified criminal-legal norm. However, the study of the practice of application of Art. 143 of the Criminal Code of the RF has shown that the blankness is a general indicator of difficulties in law enforcement.Several causal factors make up this indicator. Methods. The methods of analysis, questionnaires, interviewing, statistical method were used in the research. To establish the determinants of the issues of application of Article 143 of the Criminal Code of the Russian Federation, judicial and investigative practice, as well as the data of the results of the work of state labour inspections were applied. Results. The determinants of the issues of application of Art. 143 of the Criminal Code of the RF were identified; on this basis, specific circumstances that should be taken into account in determining the presence of signs of violation of labour protection requirements in the act were indicated; recommendations on the qualification of this crime were formulated.

Peculiarities of the legal regulation of supervision and control over compliance with labor legislation

In the field of labor law, the peculiarities of legal regulation in the field of supervision and control over compliance with labor legislation are investigated. It is emphasized that regulation in the field of supervision and control of compliance with labor legislation is characterized by appropriate measures, which, in addition to measures to detect unregistered labor relations, are carried out in accordance with current legislation. Measures of state control over compliance with labor legislation on identifying undocumented labor relations are carried out in the form of inspection visits conducted by labor inspectors of the State Labor Service and its territorial bodies. Reasons for inspection visits are important.
 The peculiarity of the legal regulation of labor relations is that the control measures or the decision of the labor inspector on control of the employer are subject to notification registration by the State Labor Service or its territorial body before the start of their implementation. It is emphasized that an act is drawn up as a result of the control, and in the case of violations of labor law requirements, the employer receives an order to eliminate them and a warning about liability for labor law violations.
 Thus, the legal regulation of labor relations regarding the supervision and control of compliance with labor legislation must first of all meet European standards and reflect the requirements of current labor legislation. State bodies should strengthen measures to detect undocumented labor relations, illegal employment and be carried out in accordance with the requirements of the Law of Ukraine «On the Basic Principles of State Supervision (Control) in the Field of Economic Activity.» The legal regulation of labor relations in the field of supervision and control of compliance with labor legislation certifies that measures of state influence on the detection of informal labor relations and illegal employment are carried out in the form of inspection visits carried out by labor inspectors of the State Labor and its territorial bodies.

Legal regulation of labor relations in the field of labor protection supervision and control

In the field of labor law, the legal regulation of labor relations in the field of labor protection is investigated, the corresponding measures of supervision and control are characterized, which, in addition to measures for violations of the requirements of labor protection legislation, provide for measures for their prevention and prevention. It is emphasized that state management of labor protection is carried out by the Cabinet of Ministers of Ukraine, the central body of executive power that implements state policy in the field of labor protection, ministries and other central bodies of executive power, the Council of Ministers of the Autonomous Republic of Crimea, local state administrations and local self-government bodies. It is noted that the powers in the field of labor protection of associations, corporations, concerns and other associations are determined by their charters or agreements between the enterprises that formed the association. In order to perform the functions delegated by the association, labor protection services are created in their apparatuses. The theoretical provisions are substantiated and practical recommendations are developed for improving the legal regulation of labor relations in the field of labor protection based on analysis methods and a systemic approach to generalization for evaluating the effectiveness of state management mechanisms in the field of labor protection. In addition, general scientific and empirical methods and tools of the science of labor law, methods of analysis and synthesis, comparison, summary and grouping were used. It was concluded that legal regulation in the field of occupational health and safety is a multilevel and complex functional mechanism, which at all levels of executive power controls and coordinates compliance with occupational health and safety at enterprises, institutions, and organizations regardless of their ownership, types of activity, and branch affiliation. It is emphasized that the existing system of state supervision and control over labor protection in Ukraine needs to be improved and brought into compliance with European standards.

Work Standardization in Lean Manufacturing for Improvement of Production Line Performance in SME

Lean manufacturing is a management philosophy and production system that provides all humanly conceived soft technology to remove waste in any production line. One of the requirements of lean is work standardization. Work standards impose a 'rule of law' in a production line by restricting operators to how long they should work on a single unit. The standards consist of the standard workflow, standard work time, and standard quantity that must be adhered to to meet the customers' demands. The main objectives of this study were to improve the performance of a production line, say SW660 x 600, in terms of weekly output, lead time, and work-in-process (WIP). By applying certain lean elements to the production line, this work indeed improved the performance of the production line. In this work, 5S, PDCA cycle, SPC, and VSM tools were used together to solve the production line problems systematically. It was noticed that the low weekly output and long cycle time at each workstation resulted in delays in the delivery of products to customers. The study managed to increase the weekly output from 61.75 per week to 128.75, an improvement of more than 108.50 percent. Next, in terms of lead time, with the help of a simulation exercise, this work also managed to reduce the lead time from 5 to 1 hour, a reduction of 80 percent. Lastly, the WIP also recorded a reduction from an average of 17 to 9 units weekly, which was an improvement of 47 percent on the weekly WIP. Therefore, this work showed that with the introduction of work standards on the production line, the organization could meet the customers' demands and deliver on time as promised. The study can also be used in other production lines of this and other organizations to help improve their production line performance in the long run.

Prawne aspekty rozpowszechniania wizerunku małoletniego w celu osiągnięcia korzyści majątkowych przez rodziców-influencerów

The article aims to analyze specific legal aspects related to the dissemination of the image of a minor for financial gain by parents acting as internet influencers. The thesis of the article is based on the assertion that the current state of Polish legislation cannot be considered satisfactory or sufficient in light of emerging practical issues concerning the recording and exploitation of a child's image by their legal representatives for profit. The study sequentially discusses the definitions of "image," principles governing the dissemination of the image of a person below 18 years of age, and conducts an analysis of phenomena such as sharenting, commercial sharenting, and parental trolling. The article also identifies potential means of protecting minors against abuses by their parents using civil procedure instruments and labor law. To comprehensively address the topic and substantiate the thesis, the author used a dogmatic-legal and theoretical-legal methodology.

Work process management: essence, characteristics and ways of improvement

The article is devoted to the study of the peculiarities of the legal regulation of the management of the labor process and the possibilities of its improvement in the process of reforming the domestic labor legislation. Since today the issue of managing the labor process is of particular importance, taking into account the existing shortcomings in this area, the protracted process of reforming the labor legislation and adopting the Labor Code of Ukraine. In particular, the modern conditions of strengthening integration processes lead to the need to develop fundamentally new approaches to the management of the labor process with the awareness that the main reserve of the enterprise are employees who ensure the quality and competitiveness of production results. Especially today, when employers in the conditions of martial law have a lot of questions about reformatting relations with employees. And in order to maintain a high quality of management, they need to respond quickly and effectively to such situations. It is noted that the management of the labor process is a planned activity of the company’s management aimed at organizing, regulating, motivating and controlling the work of employees, the purpose of which is to coordinate the collective efforts of the team and ensure the agreed actions of its members aimed at achieving specific planned results. Attention is drawn to the fact that at each enterprise, institution, organization, the management of the labor process has its own specificity and depends on objective and subjective factors. A conclusion was made regarding the expediency of implementing remote management of the labor process. Because the use of effective remote management tools can become effective in the process of labor management, especially with the war in the country. And therefore, in today’s conditions, managers of enterprises need to master the skills of remote management of their enterprises, and in the future actively use them to achieve the tasks set before the management. Since taking into account the frequent change of the environment and the constant acceleration of the pace of life, which directly affect the enterprise, the organization of the process of remote management of the work process at the enterprise will become one of the key factors of successful activity in the market.

Basics of worker safety under the draft Labour Code of Ukraine

The article analyses the draft Labour Code of Ukraine with regard to legal regulation of safety and health of employees.
 The author examines in detail Book Three «Safety and Health of Employees» of the draft Labour Code of Ukraine. It is established that this book contains the provisions of the draft Law of Ukraine «On Safety and Health of Workers at Work», which form a new system of management in this area.
 The article analyses the state of implementation of the Council Directive 89/391/EEC, Council Directive 89/654/EEC of 30 November 1989 on minimum safety and health requirements in work areas; Council Directive 92/85/EEC of 19 October 1992 on measures to improve the safety and health at work of pregnant, recently given birth or lactating workers; Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work in national legal practice.
 The author analyses the current regulatory legal acts in the field of labour protection and draws attention to the need to update the national labour legislation. The main areas of reform in the field of safety are highlighted, namely: general requirements for occupational safety and health protection at workplaces, machine safety, electrical equipment safety, personal protective equipment, use of explosives, mining operations and noise protection.
 The author establishes that the draft Labour Code of Ukraine provides for a change of legal emphasis from «labour safety» or «labour protection» to the European principle of «employee safety». The consequence of implementing this principle in practice will be the achievement of complete elimination or minimisation of risks to the life and health of each employee.
 The author examines the rules governing the safety and health of certain categories of employees, namely, female employees (pregnant employees, employees who have recently given birth and breastfeeding employees), employees under the age of 18, employees with disabilities. Concludes that the draft Labour Code of Ukraine does not pay due attention to the specifics of work of employees who have children under the age of three, or have a child with a disability, or are raising a child on their own, which requires further elaboration.
 Proposals are made regarding the need to enshrine in the draft Labour Code of Ukraine the minimum amount of funding for expenses incurred at the expense of the employer for the safety and health of employees at work.

Prohibition of discrimination in the field of work

The article considers the prohibition of discrimination as one of the basic principles of labor law. The norms of law that enshrine the prohibition of discrimination in the field of work are analyzed, possible causes of this phenomenon. Based on the materials of judicial practice, the main forms of discrimination in the employment of persons with disabilities in quota places are analyzed. A comparative analysis of the legal positions of the Supreme Court of the Russian Federation and the materials of judicial practice in cases involving unjustified refusal to conclude an employment contract is provided. A way to solve the problem of restoring a violated right in case of unjustified refusal to conclude an employment contract is proposed.

Improving the quality of working life of employees (on the example of social partnership acts and judicial practice)

Quality of working life is a concept used in regulations adopted at the regional level. At the same time, employee satisfaction with the quality of working life is characterized by various indicators, including compliance of working conditions with safety and labor protection requirements, as well as additional guarantees and compensations provided by the employer to the employee. Providing additional guarantees that affect the employee’s subjective satisfaction with the quality of work life can be achieved by including appropriate conditions in collective bargaining agreements, agreements, and employment contracts. The author of the article analyzes social partnership acts and judicial practice in disputes regarding the implementation of the terms of employment contracts that improve the quality of life of workers.

THE ROLE OF PSYCHOLOGICAL CAPITAL IN THE EFFECT OF EMOTIONAL LABOR ON BURNOUT

In this study, it was aimed to understand the emotional labor behaviors of health professionals working in dialysis units and to determine the relationship between emotional labor and burnout. Research on burnout shows that health professionals have high levels of burnout. Working conditions have become even more difficult, especially during the pandemic period. There are few studies on healthcare professionals working in dialysis units. This is a cross-sectional survey involving 215 healthcare professionals working in dialysis units. The sample of the study consisted of physicians, nurses and dialysis technicians working in dialysis units in different provinces of Turkey. In the research findings, it was determined that health professionals working in the dialysis unit had low levels of surface acting, moderate levels of deep acting, and high levels of natural feelings, burnout levels were low in all sub-dimensions and high level of psychological capital. A statistically significant relationship was found between emotional labor, burnout and psychological capital. This research shows that health workers with strong psychological capital can perform better emotional labor regulation and experience less burnout.

Prevalence of Accidents and Injuries and Related Factors of Fishermen Fishing Offshore in the North of Vietnam

Introduction: Seafaring, particularly offshore fishing, exposes fishermen to various occupational risks leading to diseases and injuries. This study aimed to determine the prevalence of occupational risks, injury accidents, and contributing factors among offshore fishers in North Vietnam, to develop evidence-based recommendations to enhance their safety and well-being. Methods: A cross-sectional study was conducted involving 420 fishermen with a minimum of two years of experience. Interviews were conducted between 2018 and 2020. Results: The findings indicated that there is a 41.7% prevalence of accidents and an average injury rate of 280.2 per person per year. Most incidents occurred at night with 104 cases (59.4%), slips and falls 48 cases (27.4%), broken winch lines 40 cases (22.9%), and ship collisions 14 cases (8.0%) being the primary causes. The most common injuries included soft wounds in 92 cases (52.5%) and sprains/dislocations in 14 cases (8.0%). Fishermen with fewer than 10 years of experience exhibited a higher accident risk (odds ratio = 1.54; 95% confidence interval: 1.05-2.72), as did those in the role of a fisherman (odds ratio: 1.68; CI: 0.97-2.94) and those working without labor protection (odds ratio: 3.68; CI: 1.05-12.93). Conclusion: Lack of labor protection equipment increased the risk by 3.68 times, and fishermen in the friend group had a 2.02 times higher risk of injury. Addressing these risks requires adherence to labor protection regulations and safe working procedures.

Dancing at the crossroads: Lessons from Ireland on collective labour law reform

AbstractThe past 20 years were convulsive for industrial relations in Ireland: from boom to bust and back again, with the Financial Crisis killing off national bargaining; the Supreme Court first undermining sectoral bargaining, then shifting back in favour of it; and of course, the Covid‐19 pandemic generating an overhaul of working conditions across society. All along, widespread industrial unrest has been notable by its absence. Long‐term decline in Irish trade union density continues, despite recent research showing significant popular support for trade unions, particularly among young workers. Now, the obligation to transpose the Directive on Adequate Minimum Wages has brought Ireland to a crossroads in collective labour law and industrial relations reform. How Ireland has responded to these pressures, internal and external, holds lessons for other jurisdictions, of which this article highlights three: a commitment to pragmatic adaptation over principled coherence makes measuring the success of any reform project difficult; different methods of reform enjoy varying levels of legitimacy; and disjunction between different levels of bargaining generates pressure on the system, including risks to the legitimacy of the system itself and the actors within it—particularly beleaguered trade unions.

Child Labour: Challenges and Solutions in the context of District Farrukhabad Uttar Pradesh

The practice of child labor is a burden on the economy of any nation, a stigma in the name of humanity and a shame for children, but due to personal interests of some sections, it is prevalent not only in India or third world countries but also in the so-called rich and developed countries of the world. The planned type is becoming increasingly prevalent in the countries also. Even in a rich and prosperous country like America, the incidence of child labor is continuously increasing. According to the report of the US Auditor General, between 1990 and 2000, incidents of child labor law violations in America have increased by more than 150 percent. The industrialists there also exploit the opportunities available to child laborers for cheap wages, whose wages are low. Similarly, an increase in such incidents has been recorded even in Central and Eastern Europe, but this problem is very serious in the countries of Farrukhabad district. As a conclusion of the data collected by various organizations, it can be said that in almost all the Zardozi centers of Farrukhabad district, children are exploited by employing them in various industries and works.