Labor Rights Of Workers Research Articles

Legal problems of youth employment in areas with special climatic conditions

The welfare State should ensure the protection of the labor rights of workers, and above all young professionals engaged in labor activities in the Far North and equivalent areas. The employee's confidence in the future, in a decent existence during and after the end of employment, directly affects the choice of place of work and place of residence, the expansion of legal opportunities and amendments to the legislative regulation of employment and employment of young people will allow, using both economic and legal instruments, to solve this important state task, which will lead to ultimately, the economic well-being of Russia. The article examines the legal problems of youth employment and labor activity in areas with special climatic conditions,and suggests legislative ways to solve them.

Labour Rights Of Women Construction Workers In India: A Socio-Legal Perspective

Neo-liberal policies introduced in 1991 to achieve wealth and profit have led to the decreasing social character of production in India due to privatization and deregulation. The nature of the appropriation of material resources and power by the private players in India’s growing market economy has widened the gap between the rich and poor. The increasing monopoly of business enterprises and the impact of global forces of capital have created underdevelopment and marginalization of workers. The capitalist nature of development in India has generated massive growth discounting the labour rights of workers thereby leading to social inequality and domination of workers. India’s real estate industry faced a boom with a spiralling increase in the information technology and information technology-enabled services sector leading to the emergence of urban metros and urban industrial hubs due to privatization. The real-estate dynamics in India is directly influenced by the growth of the construction sector. The construction sector comprises unskilled, skilled and semi-skilled workers. Women comprise a significant percentage of the informal work-force in the construction sector. The intersections of gender and class interplay leading to subversion and marginalization of women construction workers in particular. This qualitative research study employs narrative analysis of interviews with women construction workers to explore the scope of labour rights of women construction workers in India through a critical examination of India’s labour laws.

Modern Slavery in Liner Shipping: An Empirical Analysis of Corporate Statements

Forced labour is a widespread risk for workers in the shipping industry. Traditional approaches to tackling the problem rely on the rules of flag state and port state jurisdiction, leaving a significant margin of political discretion in dealing with violations of labour rights. This article examines whether private enforcement mechanisms in the form of tort actions can play a role in securing the labour rights of workers and providing them with access to remedies. Following recent case law, it examines the possibility of enforcing the duty of care as stated in the company materials, in particular the growing number of corporate annual reports. The article relies on empirical material, consisting of the statements published by shipping companies under the UK Modern Slavery Act [MSA]. In addition to the descriptive observations on compliance, the study carries out a content analysis of the statements, seeking to identify the patterns of reporting and industry best practices. The final part of the article examines whether corporate undertakings as laid down in modern slavery statements can serve as grounds for tort liability. Based on the empirical data, the study concludes that the statements provide insufficient grounds for holding companies liable for labour rights violations. Modern Slavery, Forced Labour, Liner Shipping, Annual Reports, Published Materials, Private Enforcement, Supply Chain Liability

LEGAL MECHANISM FOR SELF-PROTECTION OF LABOR RIGHTS: PROBLEMS OF LAW ENFORCEMENT

The article is based on the analysis of law enforcement practice concerning the legal mechanism of self-defense of labor rights by employees. Ensuring observance of the rights and freedoms of man and citizen guaranteed by the Constitution determines the importance of the implementation of independent actions of everyone to protect their rights and interests by any means established by law, including in the field of labor relations. Meanwhile, the current legal mechanism for the implementation of self-defense of labor rights of workers, established by the provisions of the Labor Code of the Russian Federation, is currently characterized by insufficient development and inconsistency, creating significant difficulties in the field of its legal regulation. The object of the study was labor relations in general, as well as legal relations arising between the subjects of labor law regarding the protection of the labor rights of workers. The subject of the study includes the theoretical and practical foundations of various ways to protect the labor rights of workers. The goal is to analyze the methods of self-defense of labor rights of workers, as well as to identify problematic aspects of their practical application (based on an analysis of law enforcement practice). The methodological basis of the research is represented by general scientific (concrete historical, formal logical, structural and systemic) and private scientific methods of research (comparative legal, the method of legal analysis, etc.). The practical significance of the study is determined by the relevance of the developed proposals for improving the norms of general and special disciplinary responsibility, ensuring the effectiveness of their application.

Organizational and legal aspects of the protection of labor rights in the conditions of martial law in Ukraine

In this scientific research, with the help of general and special methods, the main trends in the development of labor law in the conditions of martial law introduced in Ukraine are determined. It also discusses the establishment of individual personal restrictions in the organization of labor relations, making the legal regulation of labor relations more flexible and the mobility of the worker in the exercise of the right to work, strengthening the protection of labor rights of workers, mainly of mobilized persons and guarantees of their realization. The authors’ attention is focused on the fact that the legislative approach to the regulation of labor relations should take into account not only the interests of the state, but also the interests of individual citizens. The obtained results allow concluding that even in these difficult conditions the labor law prevails in the list of the basic rights of the subjects of labor relations, in accordance with international legal standards and guarantees of their implementation, along with the forms and methods of comprehensive protection of labor.

Soft law regulation and labour rights reporting: a deficit in moral legitimacy?

ABSTRACT This paper compares and contrasts British and German transnational corporations’ (TNCs) reporting on the labour rights of workers in their global value chains (GVCs) for the years 2012 and 2018, using the Global Reporting Initiative (GRI) guidelines – an initiative that comes under the category of soft law regulation. Between these dates, regulatory changes took place in Britain and in the EU which had relevance to the reporting of labour rights issues more generally. Simultaneously the GRI reporting guidelines shifted to more flexible requirements in the transition from G3.1 to G4. This paper examines the consequences of these changes and finds that, in combination, these changes did not lead TNCs to improving the labour rights reporting. The paper suggests that even though reporting to international guidelines tends to be context-based, there was some convergence in this broadly negative outcome. This all suggests that there was an element of regulatory capture in the shifts to softer regulatory regimes. Conceptually, this points to a reduction in substantive disclosures and leads to a deficit in moral legitimacy and its displacement by more pragmatic legitimacy.

El derecho constitucional al trabajo frente al servicio de reparto por medios digitales

The current global context has demonstrated the permanent and continuous evolution of technologies, as well as their use in different areas: socio-labour, cultural, political, and economic; this has generated, among other aspects, the development of digital platforms and other technological means that promote new forms of employment, which today degrade and do not recognise the labour rights of workers. Therefore, the objective of the study was to analyse the Constitutional Right to Work in the new form of digital employment of home delivery services. The methodology applied began with an exploratory, descriptive research, under a qualitative design, a review of the scientific literature was carried out, complemented with the analysis of the national and international legal framework and the application of the qualitative interview technique to study the case of Ecuador. The use of technology has boosted and increased informal employment in Ecuador, the work carried out by delivery workers through digital media does not recognise the constitutional guarantees of decent work, therefore, it is necessary the urgent intervention of the State through the legislative body to adapt labour regulations to these new forms of employment that currently violate all the labour rights of those who provide this service.

Relationship Between Labor Contracting and Labor Rights of Public Sector Workers, Peru

Purpose: To determine the relationship between labor contracting and the labor rights of public sector workers in Peru. Theoretical framework: The theory found allowed us to delve deeper into the topic of hiring and labor rights, but not from theory on employee perception but from specialists in legal matters, which is why in this research it was decided to take into account the perception of public sector employees. Design/methodology/approach: A quantitative study was considered, under an applied type of research, with a descriptive correlational non-experimental design, so the surveys were applied to 25 public sector workers. Results: The findings revealed a bilateral sigma much lower than 0.05, allowing the null hypothesis to be rejected and the alternative hypothesis to be accepted, likewise, it is observed that the Spearman's Rho reached 0.815 between labor contracting and labor rights. In addition, the variables reached 92% in the inadequate level, of the three dimensions, the one that presents the greatest difficulties was subordination because it obtained 92% in the inadequate level, on the other hand, onerosity reached 88% in the inadequate level, followed by exclusivity which obtained 76% in the inadequate level, thus revealing that within the institution there is no internal discipline that allows workers to comply with the provisions of the superiors assigned to each office. Research, practical and social implications: It is shown that when labor contracting is carried out efficiently, considering the legal bases and respecting the established clauses, then the labor rights of workers will be protected and protected, thus revealing that within the institution there is no internal discipline that allows workers to comply with the provisions of the superiors assigned to each office, this result could be argued in the legal basis of Law 29783. Originality/value: The purpose of an employment contract is to outline the rights and responsibilities of both the employer and the employee, as both parties will sign the contract. However, employers will always look for ways to undermine their workers' protections under the law, as current labor laws leave many workers unprotected.

Admission to work and conclusion of an employment contract: issues of protection of labor rights of employees

The article examines the issues of protecting the labor rights of workers during their admission to work and the subsequent conclusion of an employment contract. The article deals with the problems that arise when the employer does not have local regulations on admission to work, the issues of the employer’s self-examination, the introduction of labor compliance and a possible labor audit as an external independent verification of the actions (inaction) of the employer’s officials in compliance with labor law norms.

이른바 ‘노란 봉투 법’과 기본권충돌

Several bills called the so-called ‘Yellow Envelope Act’ have been submitted to prevent the contraction of the three labor rights due to lawsuits for damages by expanding the requirements for exemption from liability for damages caused by trade union strikes. Expanding the scope of workers and employers and labor disputes and reducing the scope of liability for damages caused by unjust (illegal) industrial actions means further restricting the guaranteed occupational freedom and property rights of employers. However, freedom of occupation or property rights can be restricted, and these constitutional economic rights can also be restricted by the order of the social market economy. Therefore, it is necessary to guarantee the three labor rights by including those with employment in the category of workers, not only those who provide work by signing a formal labor contract and agree to receive wages or salaries, but also those who have not concluded a formal labor contract, are in the same or substantially similar legal status as workers who have entered into a formal labor contract. Otherwise it is necessary to recognize the same three labor rights guaranteed to workers as those workers who have not conclude labor contracts through additional legislation.
 On the other hand, considering the fact that restrictions on occupational freedom or property rights have already been made at the constitutional level by the Constitution guaranteeing the three labor rights as constitutional rights, the right to claim damages can be applied not only in legitimate industrial actions but also in unjust industrial actions, it seems necessary to reduce it within a reasonable range. Furthermore, when the principle of proportionality, especially the balance of legal interests, is used as the criterion for judging both the three labor rights of workers and the property rights of employers, compensation for damages that make the existence of a trade union impossible or does not meet the financial scale of the trade union should not be recognized. Finally, democratization of the economy, which the Constitution enumerates as a public purpose of state intervention in the market, emphasizes the participation of all members with interests in economic decision-making. Therefore, even though layoffs for corporate restructuring basically belong to the realm of management rights, it seems that they can be included in the subject of labor disputes so that the opinions of workers, who are interested parties, can be reflected.

Нарушения трудовых прав работников и способы их защиты

The article presents the results of a sociological survey of the employed population, conducted in 2022. The purpose of the study is to analyze current changes in the Russian labor market related to the prevalence of violations of labor rights of workers. In recent years, there has been a decrease in the severity of contradictions between workers and employers (customers). At the same time, the fact that workers meet with violations of labor rights increase their predisposition to work in the informal economy and have an impact on social tension in the labor market. The study shows the passivity of workers in protecting their labor rights. The reasons for this behavior are mainly related to the lack of hope for a positive result.

The general aspects of collective labour rights for workers in Turkey

After Turkey's political system was transformed to a multi-party democracy, legally interpreted collective labour rights were introduced to the system by legal instruments. The first Trade Unions Act was enacted in 1947. Depending on the articles related to collective labour rights, stated in 1961 Constitution, the Turkish National Assembly passed two particular legislation in 1963, numbered 274 and 275. These codes governed labour unions and collective bargaining, as well as grievance procedures such as strikes and lockouts. The 1982 Turkish Constitution established collective bargaining and strike action as fundamental rights as well as the prior Constitution. For nearly three decades, collective labour rights have regulated by two different legislation, numbered 2821 and 2822. In 2012, new legislation was proposed to regulate collective labour relations and meet the necessities of the social parties. The Law of Trade Unions and Collective Labour Agreements (law numbered 6356) is the current principal legislative tool for dealing with trade unions and collective labour agreements, as well as strike and lock-out. In Turkish system, the formation of trade unions and employers' associations is based on a voluntary and free basis and requires no previous approval from administrative bodies. Employers' organizations and trade unions both have legal personality. A double threshold approach for trade unions to conduct collective bargaining has been criticized by the ILO on several occasions. Strikes are infrequently utilized as an industrial action, despite the fact that they are protected by the Constitution and the Law numbered 6356.

Ещё раз к вопросу о компенсации морального вреда, причинённого работнику

The article discusses the institution of compensation for moral damage caused by the violation of labor rights and legally protected interests of employees. The latest judicial practice has been analyzed in order to determine the criteria for the amount of compensation for moral damage. Certain problems are identified in the consideration of labor disputes with claims for compensation for moral damage, their features are highlighted. Purpose. The purpose of this work is a comprehensive analysis of the institution of moral harm in labor law based on the study, analysis and generalization of the scientific base, current legislation and practice of its application. Methodology. In the process of achieving the goal and solving the tasks set, the general scientific dialectical method of cognition was used, as well as logical, systemic, historical, comparative legal and formally legal methods. Results. In the process of research, we come to the conclusion that the institution of compensation for moral damage is not without omissions and shortcomings. The proclamation of the right to such compensation does not mean its full realization; this requires a refined legal mechanism, which is absent in the labor legislation. Conclusion. The presence in the labor legislation of only one article regulating such an extensive range of relations related to compensation for moral harm caused to an employee seems to be erroneous. The analysis and interpretation of these norms by the Supreme Court of the Russian Federation should not replace the full-fledged legal regulation of this institution, therefore, the legislator needs to improve the relevant legal mechanism in the very near future in order to increase the effectiveness of protecting the labor rights of workers in case of causing them moral harm and create a situation of legal certainty in labor relations.

Fishery improvement projects: A voluntary, corporate “tool” not fit for the purpose of mitigating labour abuses and guaranteeing labour rights for workers

The recent development of a Human Rights and Social Responsibility Policy for fishery improvement projects (FIPs) has accelerated industry and NGO-led initiatives to address human and labour rights violations in seafood supply chains through FIPs. However, this brief communication demonstrates that FIPs’ social requirements, as currently constituted and reported, suffer from many of the same problems as other voluntary, market-based initiatives that fail to mitigate labour abuses. Examples of these shortcomings include the voluntarisation of what should be binding, international conventions and standards; moving benchmarks that lack meaning for workers; an absence of worker-defined remedy and recourse processes; and confusion around what actually constitutes a human rights due diligence process. In addition, social responsibility imperatives in FIPs present a new threat to the fight against labour abuses in supply chains in that they embrace and risk institutionalizing an ideology that moving towards, rather than complying with, fundamental human rights is acceptable.

Observance of the rights of employees in the suspension of work in connection with the military operation of the Russian Federation in Ukraine

The issues of respecting the labor rights of workers during the suspension of work, including in organizations that supported the protest of the West in connection with the military operation of the Russian Federation in Ukraine, are relevant. The article analyzes the concept of suspension of the organization's activities, suspension of work, explores mechanisms that legally help to overcome problems arising in solving pressing problems, and also makes proposals for improving labor legislation.

COMPARATIVE LEGAL ANALYSIS OF THE INSTITUTE OF SELF-DEFENSE BY EMPLOYEES OF LABOR RIGHTS IN THE EAEU COUNTRIES

The problem of protecting the labor rights of workers definitely attracts the attention of labor /scientists not only within the framework of national legal, but also cross-border legal field. Thus, new issues arise in this area during the unification of labor legislation within the framework of the Eurasian Economic Union. If the jurisdictional ways of protecting labor rights are to some extent developed within the framework of the national legal order of the member states of the Union, then the institution of self-defense is deprived of the attention of the legislator in these legal orders. In this regard, it seems important to analyze such a way of protecting rights as self-defense, guided not only by the ideas of the national development of the institute in the legislation of the Eurasian Economic Union member countries, but also its implementation within the framework of Union labor law. This work, as a scientific try to study the institute of self-defense by employees of their labor rights in the countries of the Eurasian Economic Union, takes as its basis a comparative legal scientific method. Applying this method, we can conclude that the legal model of self-defense of employees of their labor rights can be unified due to the uniform understanding of its nature by the legislation of most of the member countries of the Eurasian Economic Union. Nevertheless, the defective and obviously insufficient elaboration of the regulation of labor and legal self-defense in the studied legal systems shows a number of practical and theoretical problems that will ultimately affect the consolidation of such a legal model1 within the framework of the Eurasian Union labor law. In this regard, it seems important to present a single legal definition of self-defense, comprising the fundamental features of this method of protection. The adoption of such a term will allow to form a uniform understanding not only among labor scientists, but also among law enforcement agencies, and will serve as a starting point for the further development of the institute of self-defense in the Eurasian Economic Union.

ТРУДОВОЙ КОДЕКС: 20 ЛЕТ СПУСТЯ

The aim of the paper is to determine and assess the scope and nature of the main changes to the Labor Code in the period from 2000 to 2022, and the degree of their impact on socio-economic processes in Russia. As methods of scientific research, the author applies empirical and statistical analysis, deduction, content analysis of scientific publications, and the method of logical generalization to formulate conclusions and recommendations. The main stages of the transformation of the legal regulation of the system of remuneration of public sector employees and the impact of the Labor Code on the dynamics of the minimum wage are identified and characterized. Legal trends in the field of improving the employment contract and regulating flexible forms of employment are analyzed. Innovations in the field of regulation of the work of athletes and coaches, the use of the practice of agency and remote work are considered. The unresolved issues of protecting the labor rights of workers are touched upon. The author attempts to determine the degree of influence of the digitalization of the economy and the COVID-19 pandemic on the provisions of the Labor Code, as well as to assess the effectiveness of the legal regulation of labor in these conditions. As a result of the study, the main directions for improving the Russian labor legislation were identified, and the strengths and weaknesses of this process. The paper concludes that while maintaining the provisions in the Labor Code that have proven their effectiveness in the field of regulation of labor relations, the Labor Code is a living, regularly updated mechanism. The author suggests possible strategies for reforming labor legislation.

О ДОСУГЕ РОССИЙСКИХ РАБОТНИКОВ

The article analyzes the free time and leisure practices of workers, in the face of growing instability of working conditions, non-standard employment, violations of the social and labor rights of workers. Despite the predictions of researchers about a significant increase in free time and conscious leisure of workers in the future, associated with the technological and social changes, at the present time, one can observe an obvious devaluation of the value of free time as a time of the recreation, self-development, rest and idleness. An analysis of the data obtained in the course of the all-Russian research “Precariat-2018” and “Precariat-2022”, conducted by the Sociological Faculty of the Russian State Humanitarian University in 2018 and 2022, showed that a significant part of the working population is experiencing a constant lack of free time, they are constantly overworking, they can afford passive leisure, which does not require significant material and emotional costs, and leisure practices reinforce social differentiation in society, and do not contribute to overcoming it. The blurring of the boundary between free and working time exacerbates the position of workers, and, accordingly, there is virtually no time left for meaningful, active and developing leisure practices.

European Social Charter: basic guarantees of social and labor rights

This article is devoted to the legal analysis of provisions of the European Social Charter, as the main international normative act regulating legal relations in the field of social and labor rights of workers, as well as identifying the features of the system of international cooperation in this area. The article touches upon the problem of institutional and conventional interaction of subjects of international law. The issues of the structure and content of both the European Social Charter and its basic norms governing the sphere of social and labor rights are considered. Attention is drawn to the fact that 60 years have passed since the adoption of this international legal act, which was opened for signature on October 18, 1961 in Turin. In the jubilee year, there is every reason to recall the history of the adoption and entry into force of the European Social Charter, its revision in 1996 and the ratification of this international legal act by the Russian Federation after a long period after the official signature. The article also concerns certain problems of reforming domestic legislation in the field of social rights and guarantees in accordance with European standards. The problems of the implementation of the norms of the European Social Charter governing legal relations related to social rights and guarantees of workers into the modern legislation of the Russian Federation are touched upon. On this basis, it is concluded that it is necessary and advisable to include in Russian legislation the provisions of the European Social Charter on additional guarantees for the protection of social, labour and economic rights. It was found that certain norms of the European Social Charter, which provide guarantees of rights to migrant workers, are not fully included in domestic legislation. Comparative legal analysis of the compliance of the legislation of the Russian Federation with the provisions of the European Social Charter shows that the legal foundations of social and economic guarantees of the rights of Russian citizens are basically consistent with the provisions of the Charter. At the same time, it is stated that the level of guarantees actually provided is determined by the capabilities of the state. Further development of the social and labor sphere in the country makes it possible to approach the standards proclaimed in the Charter, which makes it possible to fulfill the obligations assumed upon its ratification. Russias accession to the European Social Charter and its ratification undoubtedly strengthened the position of our state in relations with other countries, increased the level of protection of social, labour and economic rights in the country. It is advisable to discuss issues of ensuring the implementation of the provisions of the European Social Charter in the Russian legal system in order to further improve national legislation, improve the level and quality of life in our country.

Review of the Monograph «Legal Mechanism for the Protection of Labor Rights and Legitimate Interests of Employees»

The position on the monograph devoted to application of legal mechanisms of protection of labor rights of workers is stated. The relevance of the chosen direction of research in accordance with modern trends in the science of labor law is indicated. The structure of the conducted research is characterized and the author’s definitions of separate positions and concepts are approved. The conclusion about the value of the conducted research of the reviewed work for the theory of labor law and practice of application of the labor legislation is made.