Labor Law Research Articles

PROTECTION OF CONSTITUTIONAL FREEDOM OF LABOR BY THE NORMS OF CRIMINAL LAW

The article is devoted to ensuring the freedom of labor of citizens enshrined in the Constitution of the Russian Federation by prohibiting discrimination in hiring and dismissal, using pregnant women, women with a child under three years of age, and persons who have reached the pre-retirement age as an example. The problem is examined from the point of view of the effectiveness of the application of articles 144.1 and 145 of the Criminal Code of the Russian Federation in relation to article 136 of the Criminal Code of the Russian Federation, which regulates the prohibition of discrimination against citizens. It is established that articles 144.1 and 145 of the Criminal Code of the Russian Federation have different labor law and historical-legal grounds. If the protection of the freedom of labor of pregnant women and women with children during their hiring and dismissal is confirmed by appropriate restrictions in labor legislation and has historical background, then criminal liability for discrimination against persons of pre-retirement age has neither historical-legal nor special labor-legal grounds. The author supports the opinion of a number of authors who believe that criminal legal protection should be equally focused on all categories of workers. The opinion is expressed that it is necessary to build a holistic state policy of countering discrimination against citizens regardless of the criterion of equality. For this purpose, it is necessary to abandon the practice of including in the Criminal Code of the RF new corpus delicti aimed at protecting the labor rights of certain categories of workers, and to give Article 136 more importance in law enforcement activities.

Improving Labour Laws in Ghana: An Analysis of Collective Bargaining Agreements

Abstract Collective bargaining agreements are the internationally recognised tool used to create a peaceful platform for employers and employees to come to the negotiation table and address their concerns peacefully. However, the Ghanaian labour setting is charaterised by constant agitations between employers and their employees, hence the concern of the study. The research methodology used in this article is qualitative, using specific research tools such as the descriptive method, dialectical materialism, analytical, and synthesis method. The findings of the article reveal that the Ghanaian labour laws contained in the Labour Act 2003 (Act 651) on collective bargaining agreements are defective mostly in its formulation, execution, and application. Among other defects, the Labour Act 2003 is too vague with no clear timelines. In this regard, the study recommends effective solutions on how to deal with these defective laws so as to ensure a cordial relationship between these two labour parties in Ghana.

Legal Regulations for Anticipating Artificial Intelligence-Based Workers through Institutional Transformation of Job Training and the Human Resources Revolution

The rapid development of artificial intelligence (AI) technology has brought great changes to the lives of mankind. The emergence of AI as part of the rapid evolution of digitas technology has led to major changes in the world's lives. This research examines the impact of AI digitalization on Indonesia's workforce and the role of regulation in mitigating negative impacts. It emphasizes the need for holistic evaluation of labor law and modernization of professional job training programs. The research results show that the use of AI in Indonesia is increasing in various sectors, including the employment sector. Moreover, data privacy protection is still inadequate to ensure data protection and privacy of AI technology users. Therefore, it is necessary to update and add regulations that regulate comprehensively, covering data protection, algorithm transparency, occupational safety and health, elimination and specific retraining related to AI, and labor rights relevant to technological developments. It is also necessary to implement new regulations that provide legal protection for the application of AI can minimize the occurrence of cybercrimes on customer data.

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

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

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

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

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

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

Migrant sexual precarity through the lens of workplace litigation

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

Research on Occupational Risk Assessment for Welder Occupation in Romania

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

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

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

ЗАБЕЗПЕЧЕННЯ ТРУДОВИХ ПРАВ ПРАЦІВНИКІВ У ПЕРІОД ДІЇ ПРАВОВОГО РЕЖИМУ ВОЄННОГО СТАНУ

The article analyzes the characteristics of ensuring the rights of employees during the period of the legal regime of martial law. It has been established that the system of guarantees for ensuring the rights of employees and citizens in the conditions of the legal regime of martial law has undergone changes in relation to a set of objective and subjective factors, which are aimed at the practical implementation of universally recognized labor rights, respectively. Attention is drawn to the fact that the current legislation of Ukraine provides for a general procedure for ensuring the labor rights of employees during the period of the legal regime of martial law. Special regulations regarding the provision of labor rights refer to labor obligation as a type of short-term labor obligation. It is noted that the normative predictability of the guarantee of the rights of persons involved in compulsory labor testifies to the consideration of the interests and rights of the person both during the period of the legal regime of martial law and after its termination, an argument in favor of the stated thesis will be the existing normatively detailed procedure for involvement in labor duty at the level of a sub-legal normative act. The signs of a special labor obligation in the form of labor obligation are singled out, namely: 1) expression through the use of socially useful works, which must be performed within the framework of the introduced labor obligation; 2) initiation by military command and/or military administrations (if they are formed) through the adoption of a decision in the form of an act of the relevant military administration or military command; 3) the decision on labor obligation must include mandatory components; 4) the acquisition of a special labor obligation is associated with the absence of an opportunity for an able-bodied person to be drafted for military service, who, due to age and health, has no restrictions to work under martial law; 5) will not apply to the legally defined categories of able-bodied persons; 6) confirmation of a specific employment obligation for a specific person is reflected in a fixed-term employment contract; 7) the person to whom the labor obligation has been applied for the duration of the work is guaranteed to retain the previous place of work (position), etc. Key words: labor rights, legal regime, limitations of labor rights, labor contract, labor obligation.

Termination of the employment relationship in Slovakia

Slovak labour law regulates the termination of employment in a rigid manner, based on the principle of protection of the employee as the weaker party in labour relations. The Labour code distinguishes four key types of terminating an employment relationship: I. Termination by agreement, II. Notice of termination, III. Immediate termination and IV. Termination within a probationary period. In addition to that, an employment relationship will also terminate upon the death of the employee and fixed-term employment will terminate upon expiry of the agreed period. Special provisions apply to termination of an employment relationship with a foreigner (or a stateless person) and in connection with temporary secondment. The legal regulation of termination of the employment relationship in Slovakia has been relatively stable in recent years, without major changes or serious proposals for radical amendment.

Dynamics of legal structure and geopolitical influence on carbon tax in response to green transportation

This study examines the dynamic influence of legal structure, geopolitical risk on carbon taxes in response to monetary and labor policies in Nordic countries and Canadian provinces. The study examines eight carbon taxes collected from Nordic nations and Canadian provinces from 1990 to 2023. The Local Projections Difference in Difference model augments the panel Ordinary Least Squares approach. The Nordic countries obtain approximately 0.13 % carbon reductions in passenger emissions while freight carbon emissions increase; in contrast, Canada achieves 0.04 % carbon reductions in passenger emissions while freight carbon emissions achieve 1.25 % of carbon reduction.This study also provides evidence that labor policy autonomy undermines the effectiveness of the carbon price. Overall, carbon tax revenue recycling under labor (monetary) policy impact resulted in a carbon decrease of around 0.34 and 0.24 percentage points. This finding reveals that nations experience significant reductions in carbon emissions when reinvesting carbon tax revenues, highlighting the importance of policy integration tailored to unique country contexts towards achieving climate action.

Industrial Relations Dispute Resolution Reform in Court: A Review of Structural and Substantial Weaknesses in Law Number 2 of 2004

Conflict resolution in the context of industrial relations within the framework of labor law after the enactment of Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement has been known through two mechanisms, namely voluntary settlement through bipartite mechanisms, conciliation, mediation, and arbitration, as well as compulsory settlement mechanisms through the Industrial Relations Court. However, the existence of the Industrial Relations Court poses several challenges, including workers' low understanding of the formal and material aspects of labor law, protracted processes, and substantial deficiencies in applicable law. Issues that arise around the resolution of industrial relations disputes include various factors, ranging from disputes regarding rights, interests, termination of employment, to disputes between unions in a company. In addition, the limited competence of the Industrial Relations Court also hinders effective resolution of labor disputes. This research adopts a normative juridical approach, which relies on positive legal analysis, especially Law Number 2 of 2004, as well as a review of judicial principles. The research findings identified a number of weaknesses, both in terms of structure and legal substance, that require updates in Industrial Relations Dispute Resolution in the Industrial Relations Court. One of the efforts to overcome these challenges is through reforms in the settlement process at the Industrial Relations Court, including the establishment of Industrial Relations Courts in each administrative region. However, Law Number 2 of 2004 is still considered unable to accommodate judicial principles

Perlindungan Hukum Terhadap Asisten Rumah Tangga (ART) yang Mengalami Kekerasan Ditinjau dari Hukum Ketenagakerjaan

The existence of household assistants (ART) is often ignored in labor laws in many countries, including Indonesia. This results in unfair treatment and minimal access for household members to legal protection, which increases the risk of violence against them. This violence includes verbal, physical and sexual harassment, but is difficult for household members to report due to limited legal knowledge and fear of retaliation. Social stigma and lack of support also exacerbate the situation, leaving many cases of violence unreported and perpetrators unaccounted for. This research aims to increase awareness of the importance of legal protection for household members, evaluate the implementation of labor laws, and encourage regulatory changes to expand protection. The research method uses a qualitative and descriptive approach through literature study. The research results show that legal protection for household members in Indonesia is still weak and ineffective, especially because household members are not explicitly regulated in labor law. Key barriers include a lack of rights awareness, training of law enforcement officers, and a culture of amicable resolution of violence. Better legal protection for household members needs to be implemented immediately through the ratification of the Domestic Workers Protection Bill, educational campaigns and training for law enforcement officers. Strong family, community and political support is also needed to create a safer and fairer environment for ART.

THE DAILY WORK LIFE OF WOMEN IN STALINGRAD/VOLGOGRAD IN 1950s-1960s AS SEEN IN AUTO-DOCUMENTARY SOURCES

This paper studies the daily work life of urban women in Stalingrad/Volgograd in the 1950s-1960s, which at the time was the largest industrial region on the Lower Volga. What makes the study relevant is the use of women’s autodocumentary sources (diaries and oral memoirs), which reveal the sensual and emotional components of everyday life. The paper aims to identify the main features of women’s daily work life and to find out the level of women’s labor protection at enterprises in a nonmetropolitan area. The study concludes that the low level of protection of women’s labor, low wages burdened by taxes, and difficult communal and living conditions forced many women workers to adapt to the realities of life in the city being reborn after the war.

Достойный труд в экономике свободного заработка и построение гармоничных трудовых отношений

The article analyzes the possibility of ensuring decent work for all employees by legal means, including those inherent in labor law. Decent work is an opportunity for men and women to get decent, productive and sustainable work in conditions of freedom, justice, security and human dignity. Existing research has shown that decent work is of great importance for the implementation of the national development strategy, improving the sustainable competitive advantage of the organization and meeting individual labor needs. This article discusses the definition and structural aspects of decent work, and also proposes a theoretical basis for the mechanism of interaction between the perception of decent work, attitude to work and work behavior on both sides of the labor relationship.

Электронные документы в кадровой работе органов исполнительной власти

MSAL) The possibility of applying the norms of the Labor Code of the Russian Federation for e-document management is analyzed in the personnel work of executive authorities. The features of the legal regulation of public-service relations and their key differences from the provisions of labor legislation are formulated. The projected drafts of regulatory legal acts aimed at the introduction of electronic personnel document management are being considered. An overview of the experimental regime of legal regulation of the use of e-documents in personnel work in public-service relations introduced by the Russian Government is being conducted.

THE INFLUENCE OF THE JOB COPYRIGHT LAW ON THE WELFARE AND RIGHTS OF WORKERS IN INDONESIA

In the context of labor regulation reform in Indonesia, the Job Creation Law emerged as a government effort to increase economic efficiency and industrial competitiveness, but received mixed responses regarding its impact on workers' welfare and rights. This research aims to critically analyze and evaluate the real influence of the implementation of the Job Creation Law on working conditions, welfare and protection of workers' rights in Indonesia. The purpose of writing this journal is to evaluate in depth the impact of the Job Creation Law on the welfare and fulfillment of workers' rights in Indonesia in the context of changing labor laws. This research method uses a descriptive qualitative approach, by collecting data through in-depth interviews, document studies, and comparative analysis of similar cases in other countries, to assess the impact of the Job Creation Law on the welfare and rights of workers in Indonesia. The main results of this research show that the Job Creation Law brought about significant changes in labor regulations in Indonesia, but its impact on workers' welfare and rights tends to vary, with some aspects seeing improvements in efficiency and flexibility, while other aspects raise concerns about worker protection and work standards. In particular, this research identifies an increase in companies' operational flexibility, but also highlights the need to strengthen worker protection mechanisms to ensure a balance between business flexibility and worker well-being. The main conclusion from this research is that the Job Creation Law has had a complex impact on the employment environment in Indonesia, where there has been increased efficiency and flexibility for employers, but has also raised challenges and the need for increased protection for workers' rights. Therefore, further policy adjustments and developments are needed to ensure a balance between economic growth and worker welfare, as well as the fulfillment of fair and sustainable work standards. effective in making decisions. Writing this journal contributes to providing an objective view and in-depth analysis of the effects of the Job Creation Law, which has the potential to guide policy makers, legal practitioners and industry players in formulating more effective and sustainable strategies to balance economic interests and workers' rights in Indonesia .

Lean approach applied to the blood gas system in point-of-care testing (POCT): The IRCCS San Gerardo dei Tintori experience

ABSTRACT Costs of medical care have increased worldwide, which may be due to unnecessary operational inefficiency. Different approaches exist to enhance procedural processes, and the Lean concept is used to improve quality and performance by systematically eliminating waste. In this study, Lean methodology with the four-stage Deming cycle (Plan, Do, Check, and Act) was applied to the point-of-care testing (POCT) system of the IRCCS San Gerardo dei Tintori. Starting from the evaluation of the current strategies used in the clinical laboratory, our goal was to facilitate workflow standardization, increase the efficiency, appropriateness, and quality standards in the execution of blood gas analysis in POCT, and to plan improvements, staff satisfaction, and safety. Six qualitative key process indicators, such as workflow, work area management, visual checks, reagents and supplies inventory, sample traceability, and work standardization, were used to investigate problems and identify solutions. The adoption of cutting-edge technologies, the training of personnel on the best pre-analytical practices, the standardization of cleaning procedures, the distribution of easy check workflow charts, and standardized material request documents reduced manual operations from 70 to 40% and patient identification errors of 10x. This approach created a diffuse collaborative culture and improved standardization of processes and safety.

Некоторые аспекты правового регулирования труда сотрудников органов внутренних дел в особых условиях службы

The article considers that the peculiarities of the legal regulation of the activities of the internal affairs bodies of the Russian Federation in special conditions, which are of great importance for both the theory and practice of their functioning, and represent not just a recommendation, but a mandatory sphere and side of their functioning. This is an environment in which police officers are required to be ready for effective action under certain circumstances. The author clarifies that the main problems of legal regulation of labor and the improvement of the legal framework in the field of legal regulation of the work of police officers serving in special conditions are carried out using various legislative and subordinate regulatory legal acts.