Legal Protection Of Employees Research Articles

PERLINDUNGAN HUKUM PEKERJA DENGAN PERJANJIAN KERJA WAKTU TERTENTU BERDASAR UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN

Legal protection for employees is regulated by the Law No. 13 of 2003 concerning Labor. The legal protection obtained by a worker relates to the fulfilment of the rights agreed between the employees and the employer, which are laid down in the employment contract, among others; wages or remuneration or salary; time, rest, and leave of work; safety, health and well-being at work; mechanisms of termination of employment relations; and etc. An employment contract is a prerequisite for the establishment of an employment relationship and for the fulfilment of the rights of the worker. An employment contract consists of a Fixed Term Employment Agreement and An Indefinite Time Work Agreement. The discussion in this study is: Forms of legal protection of workers with Fixed Term Employment Agreement under Law No. 13 of 2003 concerning Labor. The method used is normative jurisprudence with specifications of analytical descriptive research. The data collected is secondary data obtained from library material such as books, documents, archives, literature and reports related to the subject being studied. After all the material is collected, the data is analyzed qualitatively.

Legal regulation of anti-discrimination and mobing in the field of labor

The absence of discrimination in the workplace is an important condition for productive work, mental and physical health of employees, preservation of a sense of human dignity and personality development, a healthy moral climate in the team, effective communication in production in vertical and horizontal planes and other necessary processes in the field of work, since any labor team is not only a production, but also a social environment. The negative impact of discrimination is felt far beyond the boundaries of a specific workplace, as negative emotions affect a person's family, friendships, and other social relationships. Anti-discrimination problems are the subject of research by specialists in legal, social and economic sciences, in particular, the legal protection of employees is being studied according to individual characteristics: gender, disability, HIV-positive status, migration, gender identity, ethnic or linguistic minorities, etc. There are a number of international and national regulations that prohibit unequal treatment of employees on grounds unrelated to a person's qualifications, productivity, and business qualities. Prohibition of mobbing (harassment) and establishment of responsibility for such actions became a relatively new phenomenon for national legislation. Adherence to the principle of equal treatment of employees and non-discrimination is one of the main areas of activity of the International Labor Organization, which is reflected in the norms of a number of conventions and recommendations. One of the latest is Convention No. 190 on Violence and Harassment, adopted by the ILO in 2019, which once again emphasizes the importance of creating decent working conditions for individuals on the basis of equality in the absence of any violence or harassment. In Ukrainian legislation, there are norms regarding the support of certain vulnerable groups of employees - minors, persons of pre-retirement age, internally displaced persons, persons with disabilities and others. This phenomenon is sometimes called "positive discrimination", which is socially determined. Discrimination and mobbing must be excluded from labor relations as those that reduce the quality of life, hinder decent work and human development, therefore the presence of clearly defined norms that establish responsibility for such actions is very important. Anti-discrimination legislation provides for disciplinary, material, financial, administrative and criminal liability for relevant offenses. Changes were made to the administrative legislation regarding the establishment of liability for mobbing (harassment) at the workplace, but there are no clearly defined norms regarding liability for violation of the prohibition of discrimination, as well as no definition of the act itself.

SOCIAL AND LEGAL PROTECTION OF EMPLOYEES AGAINST WORKPLACE INJURIES AND OCCUPATIONAL DISEASES IN THE LEGAL SYSTEM OF SERBIA

Occupational safety and health is one of the main goals, as well as challenges, for employers, employees and the state. Although this issue is primarily viewed in the context of labor protection of employees, their protection in the field of social security should not be neglected. This aspect of employee protection is analyzed in the scientific and professional literature, but to a much lesser extent than labor law regulations.This paper analyzes the legal framework in Serbia that regulate the social and legal protection of employees against workplace injuries and occupational diseases. In addition to analyzing the existing legal solutions, we provide a critical review and give recommendations for their improvement.

Features of social and legal protection of employees on labor platforms and directions of formation of regulatory policy of Ukraine under conditions of martial law

The article explores and reveals the problems and opportunities for creating an effective system of social and legal protection of workers in the platform segment of employment in Ukraine, grounding on the analysis and generalization of results of the expert survey, in the preparation and conduct of which the authors were directly involved. The conditions of the military conflict and the needs of postwar reconstruction of Ukraine are also taken into account. The main reasons hindering the legal and social protection of platform workers are identified. The key ones among them are the following: legal uncertainty of the status of subjects of labor platforms (both platform workers and labor platforms themselves); low opportunities for collective representation of the interests of employees on the platforms; reluctance of employees to officially register and declare their income. Also, a set of factors of a social, informational, communicative, organizational, managerial and technical nature was revealed. These factors arise in the process of interaction of the subjects of the platform economy and increase the social and legal insecurity of the platform employees. The obtained results were interpreted by the authors in the context of the martial law in Ukraine. It is stated that the basic prerequisite for the development of an effective system of social and legal protection of platform employees is the creation of a legally regulated system of interaction between subjects of the platform economy, which requires appropriate regulatory, organizational and management support, formalization and exit from the "shadow" of relationships on labor platforms, implementation of mechanisms of sustainable representation of interests of the subjects of the platform economy. The vision of the main characteristics of the effective system of ensuring the legal and social protection of platform workers and priority of key measures to ensure the effectiveness of their social protection process are substantiated. Basing on the generalization of the results of the research conducted, the authors have developed a scheme of conceptualization of the regulatory policy development process, which is focused on the possibility of ensuring the social and legal protection of platform workers. The authors' proposals are consistent with the main guidelines of the proposals for Directive on improving the working conditions in platform work for EU. The authors also defined and substantiated the priority areas of regulatory policy in the context of mitigating the impact of martial law on the labor market and of the prospects for further post-war restoration of Ukraine.

Legal Protection for Company Employees Who Are Under Self-Isolation Caused by Covid-19 Infection in Indonesia

This study aimed at analyzing regulations concerning legal protection for employees who are under self-isolation caused by Covid-19 infection. Moreover, there is the latest regulation concerning Protection and Business Continuity of Workers/Manpower related to prevention and control of Covid-19 Pandemic. This is a juridical-normative study with a statutory approach. The finding of this study showed that the legal protection scheme on the employees under self-isolation in a company affected by Covid-19 has been regulated in some Government Regulations. Therefore, principally the business owner should give wages fully to the employees as well as providing sick leave base on the established regulations.

Criminal and legal protection of employees from discrimination on the basis of gender

Criminal and legal protection of employees from discrimination on the basis of gender

Legal protection of employees of educational program service in the context of training using distance technologies

The authors of the paper have developed and proposed the structure of the educational program service (hereinafter referred to as the “EPS”) during the transition of the educational process in 2019-2020 to a new level (training is currently taking place both offline and online). The use of this system implies an increase in labor protection for EPS employees, the quality of the educational process in educational institutions of higher education (hereinafter referred to as the “Educational organizations”), simplification of work for the teaching staff, which should be consolidated at the state level. The necessity of using this structure in educational institutions of higher education has been substantiated; the concepts and principles of EPS work have been proposed. The authors of the study propose to provide for this structure both at the federal and at the local levels, thereby carrying out labor and legal protection of EPS employees.

On the question of legal warranties when renewing at work

Problem setting. The article considers the legal guarantees for the re-employment of employees, their nature and significance, as well as draws attention to case law, in particular, states that employees who believe that their rights have been violated can go to court to protect it. It is emphasized that today the observance of legal guarantees of labor rights of citizens occupies one of the important places in the system of universal values and is a prerequisite for the formation of the state and society, which ensure the human right to a decent standard of living. Because, without an effective system of legal guarantees, it is impossible to ensure the unimpeded exercise of the rights granted to every citizen. Analysis of recent researches and publications. Issues of social insurance were the subject of research by such scientists as V.M. Andriyiv, S. Ya. Vavzhenchuk, O.O. Duma, M.I. Inshin, O.A. Sytnytska, O.V. Smirnov, O.M. Yaroshenko, and others. The purpose of the article is to explore the legal guarantees for the renewal of employees, their nature and significance. Article’s main body. Legal guarantees of labor rights when resuming employment are considered as a separate, independent, legal category, which is a set of general and special legislation means, methods and conditions of implementation, protection and protection from wrongful violations of labor rights, freedoms and interests of employees. It is noted that the reinstatement of an employee as a means of protection contributes to the return of his lost condition – the restoration of labor relations. Implementation of this measure in case of dismissal of an employee without legal grounds or in violation of the established procedure is ensured by the implementation of the law enforcement body of the state – the court – certain actions that are reduced to guaranteeing (compulsory security) the employee’s right to work. Conclusions and prospects for the development. It is concluded that the legal guarantees of labor rights during reinstatement are designed, above all, to minimize the negative consequences for employees, to prevent a decrease in the level of social and legal protection of employees. The presence of real guarantees, on the one hand, contributes to the quality and effective performance of their employment function, on the other – their availability ensures the appropriate level of legality and compliance with current regulations by the parties to the employment relationship.

The prospects of introducing the mechanisms of legislative regulation of mobbing in Ukraine

The authors of the article have considered the notion of «mobbing» being a destructive element of a work collective performance, its causes and effects both for the employees and for the entire organization. It has been ascertained that this phenomenon is widespread in many countries of the world in particular in the developed ones that study this problem not only from the point of view of personnel management and psychology but take into account the legal estimation concerning the amount of responsibility of mobbers and bringing them to court for unlawful treatment of a particular person. It has been emphasized that the system of the legislative mechanisms of preventing mobbing and providing legal protection of employees and workers from this phenomenon in Ukraine in the conditions of the market relations development that requires the most effective use of the labour resources for enhancing the efficiency of an organization operation performance is to be improved. The experience of the developed European countries in the sphere of the legislative regulation of the psychological pressure in the workplace has been studied in comparison with the current Ukrainian labour legislation in question. It has been urged that the European experience in addressing mobbing in the workplace is to be adopted in the Ukrainian Euro integration processes. The most important factors of the psychological terror of employees and workers have been determined and the individuals who most often suffer from the psychological pressure have been characterized on the basis of statistical data.The judicial practice of settling the cases of mobbing in the workplace in Ukrainian courts have been analyzed. The ineffectiveness of the system of the legal protection of employees and workers as well as the need to improve it have been stressed. The authors have suggested the optimal ways of adapting Ukrainian labour legislation to such modern social challenges as the need to eliminate mobbing in the workplace and its effects which is the main direction in safeguarding the constitutional rights of employees and workers to a safe and healthy workplace environment stipulated by the Ukrainian legislation in force. The prospects of developing legislative regulation of the psychological violence have been paid attention to.

Civil servants' responsibilities and protection of their rights

Responsibility and legal protection of employees are two sides of their employment status. Responsibility involves proper and legal work performance of the employee whereas the protection of his employee fully depends on him or her while legal protection is related to the employee as well as the manager who violates the law and legal interests of the employee. Therefore, the employee is obliged to resort to legal regulations in order to protect his or her rights. The determination of responsibility and protection of employees' rights are established by a particular legally selected organ, based on legal norms, which are provided by the law and precisely regulated. This issue is regulated by the Law in Civil Servants, as well as the Labor Law, the Law on Obligations and other special laws. Generally, legal regulations applying to all employees are similar regardless of the filed of work, but the specifics of the employment status are respected. Legal theory does not deal with these issues extensively, therefore, each engagement with this subject matter is a contribution to the study of different segments of the employment status, which was the aim of this paper as well.

ПРЕДПОСЫЛКИ СОВЕРШЕНСТВОВАНИЯ АТТЕСТАЦИИ РАБОТНИКОВ МУНИЦИПАЛЬНЫХ ОБРАЗОВАТЕЛЬНЫХ УЧРЕЖДЕНИЙ

The importance of the research is closely connected with reforms in the system of education and reorganization of the municipal management system in Russia. The paper considers the issue of effective certification processes applied to municipal officers. It reveals regulatory features of certification of municipal officers, defines the concept of “state funded educational institution” and the sources for financing of state funded educational institution. The authors analyze a number of scientific works relative to the issues of administrative law, some aspects of assessment and certification of employees of various enterprises and organizations. The paper describes the results of theoretical analysis of the practice of holding certification of municipal officers, analyzes provisions of laws and regulations that govern the assessment of employees’ activity while switching to professional standards. The authors scrutinize the content of the sample regulation for certification of pedagogical staff and executives of the government and municipal educational institutions and organizations of the Russian Federation. It was found out that the main purpose of certification is to stimulate interest in improvement of skills, performance of teaching and administrative work, as well as development of creative initiatives to ensure social and legal protection of employees. It states the need to change the certification procedure by forming the criteria corresponding to acting laws and regulations, and application of a wider range of assessment techniques. The authors discuss the requirements of the professional standard of a “Teacher”, which characterize the job functions of teachers, especially teachers of preschool and primary education. The paper studies the structure of an effective contract as a tool for improving the qualification of employees of municipal educational institutions, and shows possible directions to improve the effectiveness of certification systems for employees of municipal institutions, in particular, in the field of education, in modern situation of their switch to professional standards.

RO/ENG

RO/ENG

Employee Electronic Communications in a Boundaryless World

In 2007, the National Labor Relations Board decided that an employer could maintain an email communications policy that prohibits nonwork-related messages, even if those messages involved communications otherwise protected under the National Labor Relations Act. In December 2014, the National Labor Relations Board reversed this holding, but in doing so, limited its decision to just workplace email. This article argues that such a prescription is outdated and archaic in light of today’s modern workplace filled with communications devices and systems that blur the distinction between work and personal life. This article explains that such a prescription can cause employees to turn to personal communications options to discuss concerns that don’t necessarily involve work itself, but do involve the workplace; an environment that, ironically, can sometimes provide more legal protection for employees and greater potential legal liabilities for employers compared to if those same “nonwork-related” messages were communicated through the employer’s communications system.

The Resilient Family Firm: Stakeholder Outcomes and Institutional Effects

AbstractManuscript TypeEmpiricalResearch Question/IssueOur study seeks to explain the relationship between publicly listed family‐controlled firms (FCFs) and investor and employee outcomes before and during the global financial crisis. Theoretically, we develop hypotheses suggesting that FCF resilience is beneficial to both investor and employees. Employing a large firm‐level data set of 2,949 firms across 27 European countries, we test the hypotheses that FCFs' long‐term orientation makes them resilient to the effects of economic shocks. In addition, using hierarchical linear modeling we evaluate family firm investor and employee outcomes, and the moderating impact of legal institutions protecting minority investors and employees.Research Findings/InsightsWe find that FCFs financially outperform non‐FCFs during the financial crisis, beginning in 2007 and reaching its lowest point in 2009, but show no significant differences during the stable‐growth period between 2004 and 2006. We evaluate two employee outcomes: downsizing and wage decreases. We find that FCFs are less likely to downsize their workforce or cut wages in both pre‐crisis and crisis conditions. Based upon hypotheses founded in the comparative capitalisms logic, we find significant institutional effects that are contrary to our predictions. Our findings suggest that investors and employees of FCFs achieve more favorable outcomes for their interests when the rules pertaining to investor protection and their enforcement are poorly developed.Theoretical/Academic ImplicationsWe contribute to the emerging literature on the institution‐based view of comparative corporate governance by demonstrating that family‐controlled firms' stakeholder outcomes are contingent upon legal protection for employees and investors under contrasting economic circumstances.Practitioner/Policy ImplicationsFamily owners, employees and minority investors should consider both firm‐level and country‐level governance institutions when investing in different countries, especially in times of economic crisis as jurisdiction‐level institutions and firm ownership choices produce variable outcomes for different stakeholders in both crisis and non‐crisis conditions.