Labor Law Research Articles

The redemption of The Accidental Republic: 70 years of Chinese Workers’ Compensation Insurance

Abstract The Accidental Republic is a concern for all industrialised countries, and China is no exception. To solve this problem, Workers’ Compensation Insurance (WCI) is a perfect option. The redemption of The Accidental Republic can be understood through the development of WCI. However, little attention has been paid to the development of Chinese WCI. Starting from labour insurance regulations promulgated in 1951, this research explores over 70 years of reform and development of Chinese WCI, explicitly dividing reforms into three phases – establishment and implementation, exploration and practice, and adaptation and formation – that aligned with stages of China’s economic development. Further, the insurance fund performance in the last decade is evaluated by Data envelopment analysis and Malmquist (DEA-Malmquist), through the static and dynamic results, yielding generally average results. Subsequently, five major problems of WCI are identified and discussed and five suggestions offered drawing on international comparison and the national situation. Lastly, the accidental and inevitable aspects of China’s WCI system during the redemption of The Accidental Republic are summarised.

Employment Relationship, Emergency Situations, Formal Models of ‘Emergency’ Labour Law - Outline of Main Issues

The study presented in the paper is concerned with a formal (theoretical and legal) model of regulations dedicated to the normalisation of employment relationships in emergency situations (states). By an ‘emergency situation’ the authoress means ‘overall exceptional circumstances caused by special, rare events, unforeseen in an accepted time perspective, in which someone or something was (is) at a certain time’. Until the outbreak of Covid-19, the subject matter of legal regulation of employment relationships in connection with the occurrence of emergency situations has not been given much thought (in our legal circle). This is also relevant to emergencies other than epidemics (warfare, natural disasters, force majeure, etc.). Insofar as research has been conducted to date, it rather focused on substantive and legal aspects of the regulations implemented in connection with the occurrence of such events, while any broader reflection on their formal and legal model has not been conducted. For this reason, in this paper, the authoress has firstly advanced a thesis that a distinction needs to be made between substantive and formal and legal models for the regulation of employment relationships in emergency situations, and secondly an attempt has been made to answer the question of which formal models can be distinguished in this context, what criteria should be used in this endeavour and how, on this basis, the distinguished models should be assessed. The authoress puts forward a thesis that formal models of ‘emergency’ labour law are closely linked to the concern to uphold the elementary democratic standards which should be respected by the law regardless of whether it relates to ‘ordinary’ or extraordinary situations. The research is primarily based on an analytical and linguistic, analytical and logical, dogmatic and legal, and descriptive method. It is conducted mainly on the example of the regulations of the Polish law and the decision of the Polish legislator taken in connection with the Covid-19 outbreak in relation to the method for the regulation of employment relationships during the period covered by it. However, the context of international (convention) regulations is also referred to. The authoress proposes to distinguish three basic formal models for the regulation of employment relationships in emergency situations: the permanent model, the mixed model and the ad hoc model. She concludes that, taking into account both the need for a relative flexibility in legal regulation and the need to maintain the elementary standards of a democratic state of law (primarily a guarantee that the applied legal solutions can be subjected to social discussion and dialogue between social partners), the mixed model should be considered as the most optimal. Keywords: Formal model of ‘emergency’ law; Emergency state; Emergency situation; ‘Emergency’ labour law; Employer’s risk

The impact of artificial intelligence on labor relations

With the rapid development of technologies, particularly artificial intelligence, which poses a threat to all humanity, questions arise regarding its boundaries and its perspective on labor relations. Given the breadth of its impact, the potential influence on labor relations is unknown. The scope of labor law issues that this phenomenon brings is multifaceted and remains an enigma in our labor law area, and the legislator in the Republic of Serbia has not prepared a response in line with European trends. The potential impact on labor relations, and later through some basic labor law procedures that ac-company labor relations, has given the impression in the professional public of undermining employees and eroding their fundamental rights (individual and collective). Artificial intelligence accumulates its full impact on labor relations at the expense of the quality of labor relations. Many world economies rely on and see the benefits of the market offered by artificial intelligence. The rights derived from labor relations in the future will be subject to revision and reconsideration. Individual and collective labor law, the result of centuries of struggle by humanity, will be tested for maturity and adaptability in the 21st century. The authors aim to elucidate the impact of artificial intelligence and how it affects labor relations in the 21st century, as well as to identify the elements–institutes of labor law most affected by this “tool” or “weapon,” as some experts call it.

‘Workers using foodbanks’: the embedding of food insecurity at the nexus of welfare and employment laws

In this first UK study of ‘Workers using foodbanks’, 65 per cent of research participants, including 76 per cent of those of working age, identified poor-quality employment as the root cause of their food insecurity. This primary problem of the deficient quality of jobs was characterised by insecure work, low wages, and excessive mental stress. Data revealed an environment in which workers are required to claim benefits because available employment cannot sustain their needs. A contemporary generation of ‘in-and-out-of-work[ers]’ are food insecure because of a secondary problem of inadequate welfare support. Post-pandemic welfare laws are interacting with ineffective employment rights protection to scaffold a low-wage labour market in which jobs are stripped of qualities that meet workers’ basic needs. There is an urgent need to respond to the UKs record high incidence of food insecurity by improving the quality of available employment so that all jobs deliver adequate income, security of working arrangements, and support for good mental and physical health. ‘Workers using foodbanks’ is an aphorism that captures a contemporary reality in which the risk of food insecurity is embedded in contractual arrangements for work that are forged at the nexus of welfare and employment laws.

Don’t drop the baton: A multidisciplinary and interprofessional approach to improving transfer of accountability and information transfer (TOAI).

3 Background: Cancer care involves complex transitions across facilities, services and providers. Optimal TOAI is critical to ensuring safe transitions in care. In 2018, the Princess Margaret (PM) Cancer Centre, Division of Medical Oncology and Hematology (DMOH), Quality Program conducted a multi-incident analysis to identify trends in patient transfer-related events (TRE). Priority areas for quality improvement included (1) use of standardized verbal communication, (2) timeliness of handover and (3) documentation. The PM TOAI Working Group (WG) was established to tailor, standardize, implement and evaluate optimal TOAI practices across PM, with the objective of eliminating TRE by 2024. Methods: The WG was established with multi-disciplinary and inter-professional representation across PM services, and met monthly. A needs assessment and environmental scan were completed. Change initiatives were prioritized, and WG focused on developing standards of work (SOW), educational approaches, and evaluation. This work coincided with University Health Network (UHN)’s adoption of I-PASS as the institution’s preferred handover tool, and I-PASS was embedded in all standards created. Change initiatives were: (1) An inter-/intra-facility TOAI SOW was developed (2) A nursing workflow mandating verbal/written handover with patient re-assessment within 1hr of transfer was created (3) Physician (MD) safety huddles with a focus on TOAI in acute oncology clinics and inpatient wards were established, and (4) Evening/weekend inpatient MD handovers were restructured and standardized. From Oct 2021 to Dec 2023, the TOAI WG completed eight cycles of PDSA change initiatives. Pre- and post-implementation surveys were conducted to identify and address barriers. Audits were used to evaluate consistency & quality of inpatient handover rounds. Results: PM reported a serious safety event rate per 10 000 adjusted patient days (SSER) of 1.24(2016); this has been reduced to 0.29 (2024). From 2013-2018, TRE occurred at PM with intervals ranging from 1 to 38 days. In the latter half of 2018, since establishing the TOAI WG, there was a gap of 123 days before the most recent event occurred. The current days between events is > 800 as of May 2024. Conclusions: Systematic implementation of TOAI initiatives at PM has improved the safety and effectiveness of patient care transitions through the adoption of tailored, standardized communication tools and targeted education, which has facilitated a sustained culture shift toward TOAI. These initiatives have reduced SSEs and fostered better communication and collaboration amongst healthcare providers. The sustained improvements highlight the significance of broad engagement of front-line staff and continuous evaluation in ensuring safe, high quality healthcare practices.

Electronic documents and electronic signature as a means of concluding an employment contract

This paper investigates the possibility of using electronic documents and the electronic signature as a means of signing and concluding the employment contract between the employee and the employer. Furthermore, the paper analyzes EU Regulation 910/2014 on electronic documents, electronic identification and trust services, and consequently reflects to the existing legal regulations in the field of electronic documentation and labour law in the Republic of North Macedonia that regulate the form and the manner of concluding the employment contract. Lastly, the paper points out specific existing service providers that offer a technical solution for the use of an electronic signature that can also be used for the purpose of concluding an electronic employment contract.

Создание, продвижение и распространение знаний на основе научно-исследовательской деятельности в области международно-правовой науки (на примере международного трудового права)

The article is devoted to the analysis of the reflection of the provisions of Art. 5 of the 1998 World Declaration on Higher Education for the 21st Century on the need to advance knowledge through scientific research in the fields of natural sciences, humanities and the arts and disseminate their results using the example of the science of international labour law. The views of mainly domestic authors are examined in a historical perspective from the beginning of the 20th century to the present day on the place of international labour law in law, examples of scientific positions of representatives of the science of public international law, private international law, and labour law are given.

Automated workforce, financial precarities and family consumption: The importance of demand-side policies under the background of automation applications

The continuous innovation of automation technology is expanding its application in the workplace, with wide-ranging implications for the economy and society. However, it is not yet clear how workplace automation changes people’s consumption behavior. This paper conducts an empirical analysis in this regard based on the Chinese General Social Survey. The main results are shown as follows: (1) One standard deviation increase in automation contributes to an average reduction of 7.073 % in family consumption. This finding is validated by conducting several robustness and endogeneity checks using various measures of automation and consumption, instrumental variable approach, placebo analysis, etc. (2) The mechanism is that automation decreases family income and work-related social capital, resulting in a decline in families’ socioeconomic status and increased financial precarities. In addition, financial uncertainties brought about by automation decrease people’s subjective well-being, expectations for future life and risk appetite, thus prompting them to lower consumption as a precautionary measure to prepare for potential risks caused by the technological change. (3) Automation has greater negative effects on hedonic and developmental consumption, which are about three times the impact on non-hedonic and basic living expenses respectively, thus leading to a downgrade in families’ consumption structure. In addition, its effect is more pronounced for families with lower economic status, having no houses and living in urban areas. This study also highlights the importance of demand-side policies in the application of automation technology by finding that better labor protection is needed to mitigate automation’s adverse consequences for family consumption. In the context of automation’s increasingly profound impact on the society, this research has important policy implications.

IMPROVEMENT OF THE CONTRACT FOR THE PROVISION OF PAID SERVICES IN THE CIVIL LAW OF THE REPUBLIC OF UZBEKISTAN

The article is devoted to the consideration of the contract for the provision of paid services on the basis of the civil legislation of the Republic of Uzbekistan and the issues of its improvement. A contract for the provision of paid services is one of the key elements of the civil legislation of the Republic of Uzbekistan. It regulates the relationship between the parties, where one party (the contractor) undertakes to provide certain services, and the other party (the customer) undertakes to pay for these services. The definition and content of the contract for the provision of paid services are given, the features, legal characteristics and classification of types of contracts for the provision of paid services in the areas of economic and socio-cultural activities are considered. The article discusses the complexity of distinguishing between the norms of labor and civil law in the regulation of relations for the provision of services, which is manifested in cases where the service is provided by an individual, and not by a legal entity. The distinctive features of an employment contract and a contract for the provision of paid services on the basis of civil and labor legislation of the Republic of Uzbekistan are considered. Certain proposals are formulated to improve the civil legislation of the Republic of Uzbekistan in the field of application of the contract for the provision of paid services.

The Formal and Informal Regulation of Labor in AI: The Experience of Eastern and Southern Africa

The Formal and Informal Regulation of Labor in AI: The Experience of Eastern and Southern Africa

Gender wage gap among highly educated workers: some evidence from Spain

PurposeThe study aims to estimate wage models controlled for sample selection bias and apply the traditional Blinder–Oaxaca decomposition to examine the gender wage gap.Design/methodology/approachThis research provides new evidence concerning the drivers of the gender pay gap for highly educated workers in Spain.FindingsThe results show the existence of empirical evidence about the presence of the gender wage gap among tertiary-educated workers. An interesting conclusion is that holding a master’s degree has a positive impact since it diminishes the unexplained component of the gender pay gap.Research limitations/implicationsThe survey used only analyses the labour insertion of tertiary-educated workers and its temporal scope does not allow us to examine the evolution of the gender wage gap throughout their careers.Social implicationsThe findings indicate that there is room for the implementation of policies aimed at diminishing gender inequality in the labour market even for highly educated workers, which could complement the current Spanish labour legislation regulating the gender pay gap in firms.Originality/valueThis paper bridges two bodies of the economic literature: human capital returns and the gender wage gap. The data used represent a contribution to the economic literature.

Forced Labour, Global Supply Chain and TNCs: Recent Trends and Practices

The abolition of forced labour is a fundamental element of contemporary international human rights law, but the idea has undergone a protracted and complex history, and the scope of the various international mechanisms that handle different aspects of it is not always precisely defined. Slavery, forced labour, and related practices are strictly prohibited under international law. Forced labour is a longstanding and complex obstacle in global supply chains, frequently associated with the desire for inexpensive products and the outsourcing of manufacturing processes to nations with lax labour regulations. The growing power of transnational corporations (TNCs) poses significant challenges to workers at the bottom of supply chains. However, disagreements have made it unclear how to deal with new forms of forced labour, or modern forms of slavery. This confusion highlights the need for a comprehensive approach to combating these issues. Efforts to stop or restrict forced labour will be made easier with a clear legal definition at both the national and international levels, particularly with an emphasis on the human rights perspective.

AUTOMATION OF LABOR PROTECTION SYSTEM MANAGEMENT AT AN INDUSTRIAL ENTERPRISE

In the hearing State, to which the Republic of Kazakhstan belongs, issues related to occupational safety and health at industrial enterprises, regardless of the form of ownership, are given quite a lot of attention. Because the citizens of the country are the main wealth of the country. If at large enterprises, including with the participation of foreign capital, the process of ensuring labor protection measures is organized to some extent, then at medium-sized and small businesses, work is practically not carried out. Today, in the subjects of medium and small businesses, the organization of accounting, control and timely instruction, if conducted in the old-fashioned way with an entry in journals or in word or excel documents, which today is not only not effective, but also does not ensure the full fulfillment of the duties of an occupational safety engineer and safety regulations (FROM and TB). The adopted Law on Digitalization, the tasks set by the President of the Republic of Kazakhstan in, require managers of industrial enterprises, technical specialists dealing with labor protection issues to radically change the organization of the process of ensuring the learning process, monitoring and compliance with safety and sanitary rules using information technology. The article presents a computer program capable of integrating into an automated industrial enterprise management system, in particular, into an automated workplace of an industrial safety engineer. The developed computer program allows employees of an industrial enterprise (of any division) to be instructed and tested in a remote format directly at the workplace; The practical application of the developed program on a small business entity during the year made it possible to increase the effectiveness of labor protection measures by 25 %, eliminate occupational injuries and reduce the level of safety violations by 75 %. Keywords: control automation system, labor protection, industrial enterprise,information systems, program.

A human resources and legal risk management framework for labour disputes in the petroleum industry

The petroleum industry is vital to many economies but is often plagued by labor disputes that can disrupt operations and affect profitability. This paper proposes a comprehensive Human Resources and Legal Risk Management Framework specifically tailored for managing labor disputes in the petroleum sector. The framework integrates human resource management practices with legal compliance measures to minimize risks associated with employee relations and disputes. The framework emphasizes proactive measures, including effective communication, employee engagement, and training programs designed to foster a collaborative workplace culture. By implementing conflict resolution strategies and grievance handling procedures, organizations can address issues before they escalate into disputes. Additionally, the framework underscores the importance of adhering to labor laws and regulations to mitigate legal risks. Key components of the framework include risk assessment tools that identify potential areas of conflict, alongside mechanisms for monitoring labor relations. By leveraging data analytics, organizations can better understand employee sentiment and predict possible disputes, allowing for timely interventions. Furthermore, the framework advocates for establishing a clear legal compliance structure, ensuring that all practices align with local and international labor laws. The integration of human resources and legal considerations not only enhances organizational resilience but also fosters a positive workplace environment. It is crucial for organizations in the petroleum industry to recognize the interdependence of HR practices and legal obligations, as failure to address labor disputes effectively can lead to significant financial losses and reputational damage. In conclusion, this framework offers a structured approach to managing labor disputes, promoting organizational sustainability in the petroleum sector. By aligning human resource strategies with legal risk management, companies can create a harmonious work environment that ultimately contributes to their long-term success.

A Legal Analysis of the Unilateral Termination of Labor Contracts and Noteworthy Points for Mitigating Related Disputes

The Labor Code of the Socialist Republic of Vietnam was first promulgated in 1994 and was subsequently revised in 2002, 2006, and 2007. The economic and social conditions and labor relations have evolved, necessitating prompt amendments to labor legislation, resulting in the issuance of the Labor Code 2012. However, after five years of application, the 2012 Labor Code has revealed many deficiencies affecting employees' legal rights and interests, including the conditions that employees must meet when they wish to unilaterally terminate the labor contract; these conditions are considered very difficult to prove in the position of an employee. The Labor Code 2019 was enacted with several enhancements, including the elimination of regulations pertaining to unilateral conditions for employees, thereby safeguarding their right to select better employment opportunities and preventing and combating coerced labor. In this article, the author analyzes current law on unilateral termination of labor contracts, focusing on the legal aspect, and selects some common dispute practices related to unilateral termination of labor contracts that businesses and individuals should be aware of to protect their mutual legal rights and interests, as well as those of both parties.

“Risk Hunting” as a competence resource in the training of occupational safety professionals

The article discusses the use of project-based learning in the training of experts in Technosphere Safety, particularly occupational safety and health professionals. For these categories, the main competence is obtaining knowledge of assessing working conditions, identifying hazards and occupational risks for the development and implementation of measures aimed to eliminate them. The article presents the results of the “Risk Hunting” project, including occupational risk assessment cards, hazard registers, projects of occupational risk reduction measures, labor protection competitions, the Occupational Safety Day presentation, and the training for Irkutsk National Research Technical University department heads. The article distinguishes between two types of educational results: development of competencies required for labor protection professionals and gaining experience in self-organization and self-education. Project-based learning is aimed at solving specific tasks and gaining professional experience, which needs to be developed and improved.

Digitalization and artificial intelligence in labor protection

В статье представлены результаты анализа современного этапа цифровизации и использования искусственного интеллекта в охране труда. Показано, что цифровая трансформация в охране труда является закономерным этапом цифровой эволюции, включающим автоматизацию технологических процессов, перевод аналоговых процессов в автоматизированный формат, в том числе автоматизацию рабочего места специалиста по охране труда, цифровизацию на основе использования набора программных продуктов для контроля отдельных процедур охраны труда и цифровую трансформацию - переход на новые модели управления бизнес-процессами с инвестициями в человеческий капитал, формирование культуры безопасности труда. Целью работы являлось обобщение достижений в области цифровизации и искусственного интеллекта в охране труда за 2023-2024 год и их использование при подготовке специалистов по охране труда, а также при обучении студентов по направлению «Техносферная безопасность». Обозначены актуализация нормативных документов и практическое применение цифровой трансформации в охране труда, ключевыми из которых являются разработка и внедрение систем сбора и анализа информации по условиям труда, здоровью работающих, профессиональным рискам, новым технологиям обучения с использованием симуляции и виртуальных тренажеров, обеспечение умными средствами индивидуальной защиты, видеонаблюдение и формирование культуры безопасности. Приведены реализованные на предприятиях России кейсы по цифровизации. Рассмотрены внедренные в сфере безопасности и охраны труда кейсы с использованием цифровых платформ, которые предлагаются студентам, обучающимся по профилю «Безопасность технологических процессов и производств», в Иркутском национальном исследовательском техническом университете.

RESPONSIBILITY OF MEMBERS OF SELF-REGULATING ORGANIZATIONS: PECULIARITIES AND PROBLEMS OF REGULATION IN THE REPUBLIC OF KAZAKHSTAN

In the scientific literature, the understanding of the legal nature of the responsibility of members of self-regulating organizations causes conceptual discrepancies. This liability is considered as a separate type of legal liability based on civil law principles. In the laws regulating issues of self-regulation with mandatory participation, the concept of disciplinary misconduct is used, which leads to the use of the name of this responsibility as «disciplinary». Nevertheless, the special grounds for the liability of members of a self-regulating organization, the subject composition and the nature of legal relations make it possible not to identify the responsibility in question with disciplinary liability in labor and administrative law. The Law on Self-Regulation and legislative acts concerning mandatory self-regulation contain the basics of regulating liability issues, but these norms need to eliminate contradictions. In addition, it is necessary to provide for the definition of the concept of responsibility of members of self-regulating organizations and its elements (misconduct, penalties). The study of internal documents of self-regulating organizations in terms of the responsibility of their members revealed the inconsistency of the content of the documents with certain requirements of the Law on Self-Regulation. Based on the results of this work, the specifics of the responsibility of members of self-regulating organizations are noted, the features and shortcomings of the regulatory regulation of this institution in the Republic of Kazakhstan are identified, facts of violations of legal norms in law enforcement practice are revealed, and differences in the approaches of organizations to choosing the procedure for bringing to responsibility and determining liability measures are established. Solutions are proposed for the identified shortcomings. The conclusions obtained in the course of this study can be used in scientific research and legislative work.

An opinion survey of Delay in Road Construction in City Area and its effects

Purpose: This study aims to investigate the causes and effects of delays in road construction across various areas in Nepal. Its objective is to identify the key factors contributing to these delays and examine how they affect different stakeholders, including the general public, businesses, and the government.Method: This research used a mixed-method approach, combining a questionnaire survey with Focus Group Discussions (FGDs) to gather comprehensive data on road construction delays. Key stakeholders, particularly those impacted by road construction projects, were surveyed to collect their views on the causes of delays and the resulting consequences.Results: There is identified several major factors causing delays in road construction projects in Nepal including frequent government changes, alterations in project design, low labor productivity, inadequate planning, political interference and protection, and a shortage of resources. Conclusion: The study concludes that delays in road construction projects not only increase costs but also diminish public trust, growing public dissatisfaction. Stakeholders expressed frustration with the slow pace of construction, emphasizing its adverse effects on businesses, public health, and road safety.

RETURNING TO THE PUBLICATION OF DOCTOR OF JURIDICAL SCIENCES, PROFESSOR M.A. SARSEMBAYEV «THE NEED TO IMPROVE STANDARDS OF ILO CONVENTIONS AND THE KAZAKHSTAN LABOR LAW»

This article analyzes the article by Professor M.A. Sarsembayev on the topic «The need to improve standards of ILO conventions and the Kazakhstan labor law», which was published in the Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan No. 2 (47) in 2017. In the article Professor M.A. Sarsembayev focuses on the International Labor Organization (ILO) conventions, including the e Convention on Equal treatment and equal opportunities for men and women workers: workers with family responsibilities, adopted in Geneva on the 67-th session of the ILO General Conference on 23 June 1981, the Convention on the Protection of Wages, adopted in Geneva on 32-th session of the General conference of the ILO 1 July 1949, and the ILO Convention on the Minimum Wage Fixing Machinery by 16 June 1928, which are ratified by the Republic of Kazakhstan, with the aim of improving the norms of national labor legislation. The author also identifies shortcomings in these conventions and provides recommendations (translations, new formulations, additional articles, and terms) for their improvement, emphasizing that Kazakhstan, as a party to these conventions, can make proposals for their enhancement through the ILO’s Bureau of Labor Administration. The article also addresses the issue of accession to conventions such as the Convention on Minimum Standards of Social Security (No. 102), the Convention on the Right to Organize and Collective Bargaining in Agriculture (No. 11), the Convention on Compensation for Workmen in Agriculture (No. 12), and the Convention on Medical Care and Sickness Benefits for Workmen in Agriculture (No. 25), considering their significance for the national legal system of Kazakhstan.