Labor Law Research Articles

Leaving the Shadows Behind? Effects of Domestic Workers Reform on Mothers’ Formal Employment

Abstract What happens when new labor regulations are implemented and enforced while a welfare cash transfer program is already in place? Argentinean National Law 26.844 of 2013 aimed to increase formalization rates in the domestic work sector by increasing access to benefits for workers and enforcement mechanisms for household employers. Compared to those with older children, a 5 percentage–point lower increase in formalization among domestic workers with children under 18 years of age (a key eligibility criterion for welfare) is found after the introduction of the regulation. Moreover, there is suggestive evidence that this may stem from domestic workers’ concerns about losing welfare payments, although it is unclear whether this fear arises from misunderstanding, lack of information, or distrust in the reform. These findings underscore the importance of policy designs that mitigate potential disincentives and ensure that they do not undermine efforts to increase formal sector participation.

Understanding labour exploitation as a social determinant of health in migrant populations – insights from the Danish population-based registers

Abstract Despite recent global events such as the COVID-19 pandemic and the Qatar world cup drawing attention to the significant loss of human lives of labour migrants in precarious working conditions, evidence on the comparative mortality of migrant workers remains sparse and inconsistent. Studying the comparative mortality of migrant workers with local workers is challenging for several reasons. Data on migrants’ employment conditions and health outcomes are often incomplete, and when available captured in separate databases. In addition, there is a need to disentangle the healthy migrant effect from the healthy worker effect, which presents challenges in the selection of reference populations and temporality when studying mortality of migrants. In view of such challenges, Denmark provides an ideal context to study labour migration and mortality. The Danish population-based registers offer linked longitudinal data on migrants’ employment history and mortality outcomes. Denmark’s migrant integration policy also has a history of weaving immigration and labour policies, and migrants in Denmark continue to be prone to labour exploitation in high-risk industries such as construction and agriculture. This presentation shall use Denmark as a case study to compare the mortality outcomes of migrant workers with Danish workers to better understand labour exploitation as a social determinant of health.

7.Q. Round table: Developing public health workforce in the European Region. Cases of Ukraine, Georgia, and Azerbaijan

Abstract In the dynamic landscape of public health, World Health Organization Regional Office for Europe (WHO) and the Association of Schools of Public Health in the European Region (ASPHER) have devised the European competency framework and the roadmap to professionalizing public health workforce (PHW) in the European region aiming to guide stakeholders with competency standards and actionable recommendations for strengthening PHW. This workshop presents actions taken in Azerbaijan, Georgia, and Ukraine to strengthen their public health workforce, showcasing how mentioned tools can be effectively applied in different contexts. The workshop aims to equip participants with practical strategies and tools to enhance the professionalization of the PHW, ultimately contributing to improved public health outcomes across the region. In Ukraine, public health system faces multifaceted challenges, ranging from epidemics to war. In 2019, Ukraine piloted a Competency Framework with key stakeholders, incorporating competencies missing in job descriptions for public health specialists. Subsequently, a review of educational programs for master’s degrees in public health was conducted. Based on the Competency Framework, the first state qualification exam for master’s in public health was introduced in 2021. Guided by the Roadmap, a PHW situational analysis was conducted by the WHO Country Office, and the elaboration of a national programme for the PHW development is close to completion. Furthermore, recognizing the need for capable public health leaders, a national Public Health Leadership Programme has been initiated based on the Competency Framework. In Georgia, following global trends, in 2023 the Ministries of Internally Displaced Persons, Labour, Health, and Social Protection planned to prepare a comprehensive public health human resource strategy, based on the Competency Framework, which has led to the development of a number of policy processes and platforms, including a public health human resources survey to get a better understanding of the composition of the public health workforce in the country. In Azerbaijan, within the framework of the Azerbaijan Pandemic Response Project initiated in 2022, the WHO Country Office has actively sought to bolster the capabilities of the public health workforce. Utilizing the Competency Framework, a detailed self-assessment tool was developed, enabling both current public health professionals and students to evaluate their skills across various competencies. Alongside, a Professional Learning Plan was crafted to support a holistic learning cycle of Public Health Champions, which guides them through stages of identifying learning needs, engaging in relevant activities, and critically assessing the outcomes. Each presentation will offer valuable insights for European countries on how to strengthen public health workforce, how to adapt the tools to serve national priorities, and to foster collaboration among stakeholders. Key messages • The workshop aims to equip participants with tools designed by the WHO and ASPHER to enhance the professionalization of the PHW across the region. • The workshop will contribute to exchange of PHW professionalization practices at the European level by raising awareness among the audience of how the specific tools can be used in different contexts. Speakers/Panelists Nataliia Piven WHO Country Office in Ukraine, Kyiv, Ukraine Elene Godziashvili National Center for Disease Control and Public Health, Tbilisi, Georgia Halil ibrahim Durak WHO, Baku, Azerbaijan Olga Aleksandrova WHO Country Office in Ukraine, Kyiv, Ukraine Karolina Airapetian WHO Country Office in Ukraine, Kyiv, Ukraine

Heavy Work Investment (HWI) and Its Effect on Employees’ Physical and Mental Health

Abstract Background Economic reality and centrality of work have led to employees investing much time and effort in work. However, The number of hours spent at work may not be the only explanation, and other characteristics, such as type of work, employees’ personality, economic status, motivations, etc., need to be considered. The Heavy Work Investment model (Snir & Harpaz, 2012) considers these variables and classifies employees into four types of investors. This study examines the physical and mental health consequences of each HWI group. Methods Participants (N = 962) were workers who came to a medical center for annual medical screenings. About 70% were males, and the average age was 50.13 years (SD = 9.53). They divided into 5 groups: Typical full-time workers (N = 208, 29.2%), ‘Needy’ (N = 111, 15.6%), ‘Employer directed’ (N = 111, 15.6%), ‘Workaholic’ (N = 192, 26.9%) and ‘Work devoted’ (N = 91, 12.7%). The personal data was cross-referenced with the respondents’ health data. Differences for categorical variables were examined with Chi-square analyses. Results ‘Employer-directed’ employees, more than ‘work-devoted’ employees, perceived their health status as preventing them from performing mild activities. ‘Employer-directed’ and ‘needy’ employees, more than ‘work-devoted’ employees, perceived their health status as interfering with their social activities and their pain as interfering with their regular activities. ‘Workaholic’ employees suffered from more diseases than ‘work-devoted’ employees, and they were found to be 3.70 times more likely to be at a high risk of cardiovascular disease than typical full-time workers. Conclusions It is possible to anticipate types of health damage according to occupation type and develop occupation-adjusted health promotion programs. It is necessary to base labor laws on protecting employees’ health, particularly regarding time and workload’ outside of work’ in both hours (additional or flexible) and location (hybrid work). Key messages • Inspire organizations to be aware of potential injuries caused by HWI and promote the creation of intervention programs, potentially significantly improving employees’ health and well-being. • Evidence for the necessary laws that protect employees’ health, particularly regarding time and workload ‘outside of work’ in both hours (additional or flexible) and location (hybrid work).

The long-term impact of parenthood on women and men’s income in 26 European countries

Abstract Background Historically, women’s roles were predominantly associated with motherhood, leading to significant career interruptions and lower incomes compared to men. As gender roles have evolved, as did labor policies protecting parents, it would be expected that income penalties in women and income premiums in men would attenuate, especially in the long term. This study aims to assess the association between the number of children and the income earned by women and men in older adulthood. Methods We used data from wave 8 of the Survey of Health, Ageing, and Retirement in Europe (SHARE), which includes 43,772 participants with 50 years old or over and their partners, living in 26 European countries. Multilevel analysis was employed to estimate the association between having children and the total, employment-related, and pensions-related incomes, adjusting for sociodemographic characteristics and clustering by country. Results The highest median annual total income was identified for individuals living in Bismarkian (€19,000) and Scandinavian countries (€17,708), more than twice the income earned in the European remaining countries. Having had children was associated with lower total income (OR = 0.870 for 1-2 children, OR = 0.773 for 3-5 children, OR = 0.666 for more than 5 children; p < 0.005), and women received lower total incomes (OR = 0.694; p < 0.001). These patterns were also found for employment- and pensions-related incomes. Conclusions There is a long-term negative effect of having had children, and of the number of children, on income, both employment and pension-related, but women continue to receive about 30% lower incomes than men. The adoption of comprehensive policies stimulating a more equal gender distribution of childrearing responsibilities, while protecting parenthood, along with recognizing caregiving responsibilities in pension calculations, could mitigate these disparities and promote gender equity and better living conditions at the older ages.

Are migrant workers at greater risk of workplace deaths? A systematic review and meta-analysis

Abstract Background Globally, 170 million individuals migrate for work. Yet, evidence on their mortality risk remains unclear. Our aim was to synthesize global evidence on migrant worker mortality risk compared to local workers and to identify the multiple intersecting social determinants of mortality. Methods We conducted a systematic review of peer-reviewed literature which reported on mortality outcome of migrant workers. Studies published between 1 Jan 2000 to 17 Jan 2023 in English were searched in MEDLINE, Embase, PsycINFO, and Ovid Global Health. Meta-analysis using random effects model was used to calculate pooled estimates and narrative synthesis was used to develop a data-driven framework on intersectional social determinants. Results Out of 11,495 identified records, 44 were included, of which 11 were pooled in meta-analyses. The combined migrant worker death count was 44,338, with data from 16 countries, including migrants from agriculture, construction, and service industries. Compared to local workers, migrant workers had a higher risk of fatal occupational injury (pooled RR = 1.71, 95%CI: 1.22-2.38, I² = 99.4%), and a lower risk of all-cause mortality (pooled RR = 0.94, 95%CI: 0.88-0.99, I² = 90.7%). Key social determinants associated with increased mortality risk were either migration-related (e.g. lower language proficiency, undocumented status) or labour-related (e.g. precarious employment, labour migration policies) interacting over migrant workers’ life course. Conclusions As the largest evidence synthesis to date, these findings indicate that migrant workers have higher fatal occupational injury rates than local workers, indicating the need for tailored protections for migrant workers. These data confirm that the all-cause mortality advantage observed in migrant populations applies to the working population. Future interventions should be designed to address both migration- and labour-related determinants of migrant worker health. Key messages • Migrant workers have a higher risk of workplace fatality despite being generally healthier than local workers, explained by structural determinants such as precarious employment. • Future interventions must address migration- and labour-related social determinants of health at structural levels, such as extending labour protection laws to migrant workers.

S. Yu. Chucha. Ensuring and protecting social and labor rights in the context of transformation of the sphere of labor and employment. Moscow: Prospekt, 2024. – 446 pp.

The article presents a review of the fundamental monograph by S. Yu. Chucha, dedicated to the problems of ensuring and protecting social and labor rights in the context of transformation of the sphere of labor and employment in modern conditions. The reviewer characterizes all six sections of the monograph and then discusses some controversial issues. In particular, the scientific discussion concerns the historical stages of the origin of the branch of Labor (employment) Law, the expansion of the subject of Labor Law through Civil Law, some aspects related to the use of platform labor, remote labor and artificial intelligence technology.

Industry Trade Exposure and the Quality of Employment in India’s Manufacturing Sector

Globalization, trade and labour institutions have implications on the labour market affecting the regular nature of jobs and increasing dependence on contract labour. Using worker-level data for India’s manufacturing sector, this paper evaluates the influence of outward orientation of the worker’s industry on the informal nature of employment. We find that higher import penetration and export orientation of the manufacturing industries of workers promote employment of regular nature. However, the regular jobs come tied up with lack of job contracts in industries facing higher import competition. Export-oriented industries increase the chances of regular jobs with a written job contract.

Disciplinary Liability and Other Means Impacting the Employee’s Behaviour in Labour Relations in Latvia and Lithuania

The article examines the regulation and practice of employee liability in employment relationships in two Baltic states – Latvia and Lithuania. Considering that the Latvian Labour Law regulates the disciplinary liability of employees, while in Lithuania disciplinary punishments (except for the most severe punishment – dismissal) have not been provided for since 2017, the authors analyse the regulatory framework of these countries and reflect on the case law, as well as outline the main differences and problematic issues in the context of employee liability.

Physiologists as medical scientists: An early warning from the German academic system.

"Medical scientists" are postgraduate investigators who are engaged in biomedical research, and either hold a biomedical PhD or are qualified in medicine but do not participate in patient care. Medical scientists constitute ~40% of staff at medical faculties and >90% at nonuniversity medical research institutions in Germany. However, medical scientists in Germany face limited long-term career prospects and a lack of dedicated training and support programmes. They also face time limits on their career progression arising from national academic employment legislation, and imminent reforms by the German government are likely to make this worse. Nevertheless, recent developments in the educational landscape including the introduction of increasingly focused MSc, pre-PhD, and doctoral programmes to train medically aware basic scientists, as well as improved general recognition of the roles and relevance of medical scientists in health research, are encouraging. Physiologists have taken essential steps to improve the recognition of medical scientists in Germany by introducing a "specialist physiologist" qualification; this initiative could be applied to support medical scientists in other fields and countries. In this review, we describe the particular challenges facing medical scientists in Germany and make recommendations that may apply to other academic systems.

“We Were Put Out of Good Jobs”: Women Night Workers in New York and the Origins of the Women’s Equal Opportunity League

Abstract In the 1910s, U.S. social reformers advocated for labor laws to protect women who worked in factories. The laws included bans on women working at night. In New York, a small contingent of night-working women who had lost their jobs objected. Arguing that the laws were paternalistic and harmful, they formed the Women’s Equal Opportunity League. The group opposed all single-sex laws and ultimately won repeal of New York’s night work ban for printers, elevator operators, and transit workers. Night work was the stage on which reformers’ ideas about the greater good conflicted with arguments for women’s autonomy. Whether and what kind of work women should do at night was a conflict about class, motherhood, and self-determination. This article profiles three leaders of the Women’s Equal Opportunity League—printer Ella M. Sherwin, transit guard Margaret Hinchey, and streetcar ticket agent Mary A. Murray. All three were devoted union members whose opposition to women-only laws made them dissidents within their unions. They remained shift workers their entire lives while lobbying state legislatures and Congress to demand formal legal equality for women. Histories of the early Equal Rights Amendment (ERA) have emphasized the support of upper- and middle-class women. These working-class women, who had long opposed protective legislation, later demanded the ERA—not in spite of the prospect that it would nullify single-sex labor laws, but because they hoped it would. Theirs was a minority position, and paying attention to it reveals the complexity of class conflict at the root of a feminist dispute which persisted long into the twentieth century.

Effectiveness of heat stress interventions among outdoor workers: a protocol paper

IntroductionHeavy work in scorching temperatures can cause dehydration and heat stress, which can lead to a number of heat-related diseases. Heavy work in intense heat without rest or hydration is the main cause. The “Water, Rest, Shade” (WRS) intervention program for outdoor workers in hot weather reduces heat stress.MethodsThis study follows a quasi-experimental design involving 250 outdoor workers from both agriculture and brick kilns. To assess the environmental heat exposure levels, Quest Temp 3 M WBGT Monitor will be used. Tympanic temperature, Heart rate (HR), Sweat rate (SwR), and Urine specific gravity (USG) to assess the physiological responses to heat exposure using standard protocols. Blood samples will be collected to measure serum creatinine and calculate Glomerular filtration rate (GFR), and urine samples to measure pH, leucocytes, proteinuria, and hematuria. Then administer a validated and modified HOTHAPS questionnaire to capture the perception data. After the baseline assessments, Categorize the workers into two groups based on the selection criteria and the participants’ willingness. Then provide a week-long WRS intervention to the intervention group (IG). The non-intervention group will collect the same data without any intervention to assess the efficacy of the intervention by comparing both groups and measuring outcome indicators.Expected outcomeThe study will generate much-needed information to raise awareness of the importance of heat stress prevention for outdoor workers.ConclusionThis study will demonstrate the effectiveness of an intervention, provide much-needed strategies for reducing heat stress, assess both health impacts and implementation quality, and design comprehensive workplace and labor laws aim to minimise risks to millions of unorganised outdoor workers health.

Migration and Economic Development: The Role of Migrant Flows in Shaping Turkey’s Emerging Economy and Uncovering Hidden Conflicts and Challenges

This research examines the economic impact of migration on Turkey's emerging economy, with a particular focus on the contributions of migrant remittances, labor market dynamics, and the socio-political challenges associated with large-scale migrant flows. By employing econometric models and field research, the study explores the relationship between remittance inflows and key economic indicators such as GDP growth, employment rates, and poverty reduction. Additionally, the research uncovers hidden conflicts and social tensions that arise from migration, including labor market inequalities and integration challenges faced by both migrants and Turkish workers. The project evaluates government policies, such as the EU-Turkey refugee agreement, and their effects on economic development and social stability. Field research in migrant-receiving communities reveals the complexities of labor competition and the social dynamics created by migrant dependency in sectors such as agriculture and construction. Findings highlight the need for inclusive migration policies that balance the economic benefits of remittances with the social integration challenges faced by migrant populations. This study also advocates for stronger labor protections and regulatory reforms to mitigate tensions and reduce exploitation in low-wage sectors. The research contributes to the broader understanding of migration’s role in shaping Turkey’s economy and provides insights for policymakers seeking to address both the economic and social dimensions of migration.

Labour Policies of the Centre Right in the Neoliberal Era: The True Path Party

Labour Policies of the Centre Right in the Neoliberal Era: The True Path Party

Zwolnienie od pracy z powodu działania siły wyższej i urlop opiekuńczy z perspektywy prawa socjalnego

The subject of this study is to critically discuss the implementation of Directive 2019/1158 on time off from work and carers’ leave from a social law perspective, taking into account the objectives of the Directive and in the context of the EU’s competences regarding social policy. The starting point will be to outline both institutions in the light of the statements in the labour law literature. Next, the instruments in force in Germany for the protection of informal carers during time off or carer’s leave will be presented. Against this background, it will be possible to discuss the existing de lege lata and postulated de lege ferenda regulations of Polish social law, which—as it seems—could and should serve to protect employees using the newly introduced labour law institutions, so as to achieve the goal of ensuring a balance between the professional and private lives of parents and carers.

Problems of Employment of Academic Teachers—Reflections de lege lata and de lege ferenda

The nature of employment of academic teachers is complex not only because their employment is regulated by the codes of practice with the auxiliary application of the provisions of the Labor Code and other sources of labor law, but also because it is related to the presence of public law elements in the obligatory bond of the employment relationship. The need for pragmatic regulation of the employment relationship of academic teachers seems obvious, and is justified by the differences in their rights and obligations in comparison with the general regulations. However, it should be noted that by approximating the structure of the academic employment relationship to the obligatory mechanism in the context of general labor law, we seem to ignore many specific and important features of this employment. Therefore, normative shortcomings of the applicable act can be observed. It seems that within de lege ferenda proposals, the one referring to the model solution, which takes into account the specificity of the work of academic teachers, is fundamental. Such a solution seems to be expected primarily due to the role played by the system of higher education and science in the structures of the state.

Decent Work Practices Incorporated in the Collective Bargaining Agreements of Unionized Firms

We investigated the decent work practices related to employment at work, rights at work, social protection, and social dialogue incorporated in the Collective Bargaining Agreements (CBAs) of unionized firms. We analyzed qualitatively the various provisions of each of the 20 CBAs of unionized firms from diverse industries in the Philippines that come from manufacturing, hotels, resorts, health, education, telecommunication, and public utilities. Findings revealed that the CBAs' provisions articulate many significant provisions on decent work practices. Specifically, the employment-at-work provisions revealed 14 main themes related to benefits, employee classification, wages, work hours, and opportunities for advancement. Eight key themes were identified on rights at work provisions: employee development, protection against discrimination, safeguards against company closure, sale, lease, transfer, or merger, protection against lay-offs and retrenchment, shared social responsibility, and the ban on labor contracting. On social protection provisions, twelve main themes emerged: maternity benefits, other social security benefits, job security, extended financial assistance and loan benefits, and medical/health care incentive programs. On social dialogue provisions, 11 main themes evolved about union-management communication, acknowledging the current labor union as the sole bargaining representative, the institution of grievance machinery, the union's right to information and consultation, as well as the presence of the Labor-Management Committee. The overall results underscored the important role of the union through its collective bargaining power in ensuring that decent work thrives in the workplace. We recommend implementing the “one union one industry policy” as stipulated in the Labor Code; strengthening the conceptual, technical, and behavioral skills of the union leaders; treating unions as social partners; and undertaking research studies that can benefit both the union and management during their CBA negotiations. These efforts can open more opportunities for unions and those workers covered by CBAs to actualize the ILO conventions of guaranteeing decent work that will transform people and organizations toward a sustainable mindset that includes justice, peace, and equality for the common good of the future generation of working people.

Implementacja do polskiego porządku prawnego dyrektywy platformowej – problem domniemania stosunku pracy (wprowadzenie do dyskusji)

The aim of this study is to present the key challenge faced by the Polish legislator, which is the implementation of the construction of the presumption of employment relationship as regulated in Art. 5 of the Directive in relation to platform employment. In my opinion, the correct implementation of this construction into the Polish legal system will require extending this mechanism to all employment relationships, including those operating outside the online platform sector. In this sense, the implementation of this mechanism will constitute a revolution for the entire Polish employment law. The implementation of the presumption of an employment relationship into our legal order is of fundamental importance for all employment relations in Poland. It will affect not only the online platform market, but also all individuals engaged in gainful employment. The author critically addresses the proposed solutions, pointing out the flaws and risks associated with introducing this legal construction into Polish labour law.

Predictors of Individual Work Performance among Private Business Companies for an Enhanced Organizational Human Resource Plan

This study aimed to examine the influence of organizational culture and multi-dimensional self-control as predictors of individual work performance among employees in private business companies. A descriptive-correlational research design was employed, involving 110 respondents from Santo Tomas, Davao del Norte, selected through stratified sampling. Data were collected using three standardized questionnaires, and statistical tools such as Mean, Pearson r, Standard Deviation, and Regression Analysis were applied. The results indicated that both organizational culture and multi-dimensional self-control had significant positive relationships with individual work performance. Specifically, organizational culture was rated with an overall mean of 4.32 (strongly agree), while multi-dimensional self-control scored 3.80 (agree), and individual work performance received an overall mean of 3.75 (agree). These findings suggest that fostering a strong organizational culture and enhancing employee self-control are key strategies for improving work performance, especially in culturally diverse environments. While Presidential Decree No. 442, Article 3, emphasizes the protection of workers' rights and labor laws, its relevance in this study lies in the broader context of promoting effective organizational practices. The study concludes that interventions to strengthen company culture and develop training programs focused on enhancing self-control may significantly boost employee performance. Future recommendations call for more specific and targeted approaches to implement these interventions within organizational frameworks.

ეროვნული საკანონმდებლო რეგულაციების მიმოხილვა და ანალიზი შრომის სამართლის და შრომის უსაფრთხოების მიმართულებით

National legislative acts - Georgian Laws, Georgian Government resolutions, as well as Orders of Ministry of Internally displaced persons from occupied territories, Labour, Health and Social Affairs of Georgia concerning labour law and labour safety are considered. On the basis of survey and analysis of these legislative acts the authors of this article express their view, namely, it/s necessary: enlarge sphere of supervision over the objects with heightened technical danger; for every danger object elaborate standard in Georgian; on the basis of accumulated experience revise the periodicity of inspection of some objects; for some important enterprises of Georgia (mines, caves, metro, hydroelectric power stations) create mine – rescue service within the limits of state institution. Owing to these measures the level of technical safety will increase and the number of accidents will decrease.