Legal Status Of Employees Research Articles

DISCRIMINATION IN THE FIELD OF LABOR AND OBLIGATIONS OF THE PARTIES TO LABOR AND DIRECTLY RELATED RELATIONS

The purpose of the article is to analyze the current legislation in order to determine the ratio of generally recognized principles of labor law and the obligations of the parties to labor relations, including the obligation of the state to ensure protection against unemployment. The authors analyzed the norms of the Labor Code of the Republic of Kazakhstan concerning the duties of employers and employees of the guiding party, the norms of the Social Code of the Republic of Kazakhstan in relation to some issues of legal regulation of unemployment. As a result of the analysis of the current labor and related legislation, the authors came to the conclusion that some norms of the Labor Code of the Republic of Kazakhstan, as well as the new Social Code of the Republic of Kazakhstan, are discriminatory. In particular, the legal status of employees and employees of the sending party in the Labor Code of the Republic of Kazakhstan varies, especially regarding the duties of employees of the sending party. Thus, a number of signs were identified that make it possible to conclude that despite the lack of equal rights and opportunities for employees of the sending party in comparison with ordinary employees engaged in labor activities under the employment contract, the obligations of the above-mentioned parties to labor relations coincide. In some cases, some duties inherent in ordinary workers are unnecessarily imputed to the employees of the guiding party. As an example, the obligation of the employee of the sending party to compensate for material damage to the employer in case of violation of the non-competition condition is given. In addition, the analysis of some norms of the Social Code of the Republic of Kazakhstan concerning the legal regulation of unemployment made it possible to determine the trends of discrimination against individuals. Thus, clause 6, paragraph 3, article 99 of the Social Code of the Republic of Kazakhstan limits the right of convicted persons in protection against unemployment by the state. The authors point to the need to revise some of the current legislation in order to exclude discrimination in the workplace.

INTERNATIONAL STANDARDS AND AUTHORIZATIONS OF LABOR INSPECTION IN AGRICULTURE IN CASE OF TERMINATION OF EMPLOYMENT RELATIONSHIP

Agricultural work is the oldest form of work, but the rights of agricultural workers are still not sufficiently protected, especially if their legal position is compared to that of employees in other branches of the economy. One of the tools for improving the legal protection of farmers is through the work of labor inspection, as an important element of control over the application of the relevant legal regulations. Even though the legal status of employees in agriculture has seemingly experienced some normative progress, the situation is unfortunately still far from being ideal, especially regarding the protection of their rights in the employment relationship and the manner in which those rights are exercised in practice. In this regard, this paper will address universal international standards in this area and the compliance of domestic Serbian legislation with the relevant conventions and recommendations of the International Labor Organization. Additionally, a particular focus will be placed on protecting agricultural workers against illegal dismissal.

Dignity as the Basis of the Legal Status of the Employee

The article concludes that the category “dignity at workplace” should become crucial for the analysis of the legal status of workers and its implementation in the labor relationship. The preservation and implementation of dignity at workplace have objective features connected with the initially “hostile” environment to dignity and the specifics of its structure. The article concludes that there is a double meaning of dignity for the legal status of employees. On the one hand, dignity as an existential value forms the basis of the legal status, and the specificity of its structure (self-respect and respect by employer; employee autonomy; self-affirmation; self-realization) is a metaphysical justification of his rights and obligations. On the other hand, as a universal moral value, dignity is the ultimate goal of the implementation of the legal status, it is a criterion for assessing labor relations.

LEGAL STATUS OF EMPLOYEES IN THE UKRAINIAN SOVIET SOCIAL REPUBLIC (1921–1928)

The aim of the work is to study the legal status of employees in the Ukrainian SSR in 1921–1928, which had its own peculiar features due to the new economic policy implementation by the Soviet government (hereinafter referred to as the NEP). The methodology involves the adherence to the principles of objectivity, scientific character, and historicism, which facilitated the coherent disclosure of the prerequisites, content and consequences of the Soviet government social policy implementation in the Ukrainian SSR, and highlighted the legal status of employees and the specifics of its codification. The combination of historical and legal methods contributed to the consistency of the research, as well as enabled us to assert the novelty of the material under consideration. The historical research of the NEP in the combination with the regulatory and legal framework analysis creates new opportunities for interdisciplinary scientific inquiries. The use of general scientific methods, such as systematization, generalization, chronological and comparative method, historical and legislative method, provides us with a tool to trace the influence of the legal component on the history of the NEP introduction and development in the Ukrainian SSR during the specified period. The scientific novelty aims at providing a detailed historical and legal analysis of the content of the Ukrainian SSR legislation system concerning the legal status of employees during the NEP period. The authors comprehensively investigate its positive aspects, downsides and prospects for practical application in the specified period.The Conclusions. The article has newly provided an article-by-article analysis of regulatory and legal framework, that codified the legal status of Ukrainian SSR employees during the new economic policy (1921–1928). The historical and legislative review of legal provisions enabled us to identify their positive aspects, drawbacks, and prospects for practical application. With the beginning of the curtailment of the NEP, the activities of social insurance authorities changed, they began to focus on the industrial development of the country.The policy implemented by the Soviet government in the late 1920s under the leadership of Josef Stalin, demonstrated an expeditious movement towards authoritarianism, which is incompatible with market relations and special care for the "cogs" (little people) of the system. A system based on the Command and Administration system methods of managing the economy is gradually being formed. The increased exploitation of peasants and workers, the use of violence and political repression changed the legal status of employees in many sectors of the economy.

Legal status of minors in the system of regulation of labor relations in modern Russia

This article is dedicated to examination of the system of legal norms determining the legal status of minors in the process of regulation of labor relations in the Russian Federation. The goal consists in the analysis of content of the legal status of minor citizens within the system of regulation of labor relations. The work solves the following tasks: determination and analysis of the elements of legal status of minors within the system of regulation of labor relations; systematization of the norms of labor law, the effect of which is defined by ensuring guarantees of minors’ rights; identification of the problems of ensuring legal status of minors within the system of regulation of labor relations; formulation of recommendations on improving legislation in this regard; as well as designation of promising directions for research in this area. The novelty consists in expansion of the circle of labor law subjects, whose status depends on honoring guarantees of the citizens under 18 years of age. Comprehensive analysis is conducted on the norms of labor law that protect the rights of minors. The article highlights the relevant problems of legal regulation, namely: legal status of employees under 14 years old, their parents and underage employers; protection of rights of underage workers; legislative allocation of separate categories of underage workers; legal regulation of permit to work with minors. The author suggests introducing additional requirements for the workers under 14 years old, as well as persons authorized to work with minors.

The concepts of the legal status of financial institution employees in Ukraine

The essence of the legal status of employees of financial institutions in Ukraine is analyzed in the article. Scientific approaches to the definition of approximate legal phenomena are presented. The content and specifics of this term have been clarified. The author's concept of legal status of employees of financial institutions in Ukraine is formulated.

LOCAL REGULATION AS A COMPONENT OF LEGAL REGULATION OF LABOR AND DIRECTLY RELATED RELATIONSHIPS

The article covers the issues of local regulation as a component of legal regulation of labor and directly related relations. The author argues that the regulation of employment relations at the enterprise can be carried out either individually, in relation to a particular person or employee, or collectively, to all employees or employees of the enterprise or their specific groups. Individual regulation cannot be identified with local legal regulation because of its lack of normative character, even if organizational and legal forms characteristic of local legal regulation are used. The article justifies the idea that local norms do not belong to the number of norms established by the state, they are established directly at enterprises, institutions, organizations, with the participation of labor collectives and trade unions and do not go beyond the general sphere of legal regulation.The author analyzes the provisions of the doctrine of labor law and finds out that local norms organically enter into the legal institutions and branches of national law that determine the status of subjects of labor relations. Local regulation of relations at the enterprise, institution, organization is an integral and important component of the legal regulation of labor and directly related relationships. Relations aimed at limiting the legal status of employees cannot be regulated locally. The author emphasizes that local norms cannot establish new types of legal liability. Local norms reflect typical, widespread, stable employment relationships. They are closer to actual labor relations and are primary in origin in the hierarchy of regulations. Local legal norms should be considered not only as an auxiliary element of centralized regulation, but also as the most important backbone of the development of local rulemaking.

Labour Law Implications of Outsourcing in Public Sector

Employers are increasingly resorting to the. contractual delegation of certain activities to outside contractors. Legal status of employees who previously performed this work with the employer depends mainly on whether there has been the transfer of the undertaking within the meaning of Directive 2001/23/EC. According to case law of the Court of Justice of the EU, in addition to the performance of the same activities, a condition is also the transfer of essential means of work or transition of employees. Since the transition of employees in this case depends on the agreement between the contracting authority and the provider of services, terms of public procurement are very important in this regard. The article addresses the question of the application or non-application of the institution of the transfer of the undertaking in cases of outsourcing in public sector while paying attention to Slovenian and Croatian legislation and to the Directive.

Дифференциация регулирования трудовых отношений как закономерность развития трудового права

The articles dwells upon the issue of differentiation of legal regulation of labor relations which is seen as a legal instrument, which allows taking into account the specificity of social relations that are formed under the conditions of or among the labor law subjects and that have specific features. The differentiation is a polar opposite to the legal regulation unity which embodies the existence of a unified legal status of employees, their equality, and, ultimately, the unity of the branch of law, which is unthinkable without stability and certainty of legal standing of principal participants of relevant legal relations. Further differentiation of legal regulation of labor relations is one of the most typical tendencies in labor law development. The article notes that the grounds for differentiation, out of necessity to coordinate with the principle of equality, and hence abidance by discrimination prohibition, must be entitative, justified and directly linked with an object of legal regulation and satisfy the principles of clarity and unambiguousness. Based on the abovementioned criteria, the authors analyze such grounds of differentiation of legal regulation of labor relations as peculiarities of labor process, its organization, and the type and nature of labor activity, the field of economic activity which uses labor, and the working and environmental employment terms. The articles notes that the grounds for differentiation, chosen by a legislator, do not always correspond to the mentioned criteria. They are often arbitrary and do not reflect their objective need or do not correspond to the reality. For example, inclusion into the Labor Code of peculiarities of legal regulation of labor relations for those categories of workers, in relation to whom these peculiarities have already been established by special laws. In fact these rules do not convey any regulatory meaning and therefore complicate the legislation and do not contribute to clarity and transparency of those workers’ legal status. The analysis shows that the employer’s legal form and the peculiarities of the employees’ professional activities have recently become the mostly widespread grounds for differentiation. The authors draw the conclusion that differentiation cannot be considered valid if it was derived on the basis of one criterion (the employer’s legal form) without taking into account other significant criteria. While the admissibility (and sometimes the necessity) of setting the specificity of legal regulation based on the peculiarities of labor (professional) activity does not raise doubts. The only issue that could be raised is the issue of existence (or absence) of such peculiarities and of the advisability of specific manifestations of the differentiation, i.e. special rules adopted by a legislator.

New regulation of providing care for the elderly in the Republic of Slovenia

The aim of this paper is to highlight the Slovene and EU regulation of social care service for the elderly from the view of possible implementation of public?private partnerships (PPPs) institutes in this sector. The authors discuss the economic rationale for implementing of PPP in the field of the social public service of providing care for the elderly. The Slovene PPP forms are two-fold: as a special contractually based and as a corporate-based PPP. The former could be a concession agreement or public procurement agreement, while the latter is being a form of a newly established or transformed legal entity. Authors analyse also possible models on how the PPP arrangement would be constituted in the future. The authors conclude this paper with some open questions about the legal status of employees and possible new benefits for the users of this public service according to the implementation of the new regulation.

Nursery Worker Turnover and Language Proficiency

The U.S. nursery and landscape industry generates 1.9 million jobs and had an annual payroll of greater than $3 billion in 2002, yet little is known about nursery and landscape workers. This lack of information is even more pressing considering that labor generally accounts for greater than 40% of production costs and 31% of gross sales. Labor shortages, immigration reform, and legal status of employees are widely reported as the industry's most critical issues. We hypothesized that relevant data regarding the nursery industry workforce may raise an appreciation of the industry's diversity, increase political power and public awareness, and help stakeholders evaluate policy decisions and plan corrective strategies in a more informed manner. A total of 4466 self-administered questionnaires were sent in 2006, attempting to reach 30 nurseries in each of nine states with 1561 returned (35% response rate). Hispanics constituted 70% of the average nursery workforce, including general laborers (76%), crew leaders (61%), and sales/managers (others) (21%). Across firms, labor retention was less than 51% after 5 years and only 22% of employees understood English, raising questions regarding availability and access to training. Sixty percent of nursery employees had not received work-related training, although 81% of men and 72% of women were interested, and an association between training and employee retention existed. The highest rated training topic of interest was English/Spanish (respective of Spanish/English primary language respondents). There was a positive correlation between developing fluency and worker turnover, making the laborer attrition rate even more unfavorable for employers who not only lost employees with acquired experience, but also with acquired English skills.

Disability and Work: The Transformation of the Legal Status of Employees with Disabilities in Canada

The rise of the accommodation duty, and particularly the accommodation rights of employees with disabilities, has been the greatest single innovation within Canadian labour law over the past twenty years. High Law principles on disability accommodation have been developed through a series of Supreme Court of Canada rulings, and these principles have been applied through the voluminous Low Law decisions of labour arbitrators and human rights tribunals. This article examines the dismal employment status of employees with disabilities in Canada, traces the emergence of the Supreme Court of Canada rulings, and critically examines the caselaw on disability accommodation from labour arbitrators, human rights tribunals and the common law courts. Although Canadian labour law transplanted the accommodation duty from the early civil rights jurisprudence in the United States, recent Canadian law on disability accommodation has headed in a much different direction than its American progenitor.

Drug testing in the criminal justice work place

This article investigates the use of drug testing to combat drug use and abuse by criminal justice personnel. Arguments for and against drug testing are discussed, as well as the current legal status of employees. The implications and future legal trends of drug testing of criminal justice personnel are analyzed.