Protection Of Workers Research Articles

Gig Regulation: A Future Guide for the Construction Industry

Technology has led to the advent of digitally enabled workforces like the gig workforce, but a number of issues confront this workforce. This study aims to identify the various issues facing the gig workforce as well as the regulatory measures and regulatory interactions proposed to guide stakeholders in addressing these challenges. This study is a review, with the methodology primarily based on secondary sources of data collection like journals and articles. This study reveals that the construction industry is not immune to the use of the gig workforce, as it often performs project-based construction work, jobs requiring highly specialized skills and commodity service jobs. This study also reveals that the gig workforce is confronted with primarily gig economy-induced platform-based challenges, such as the new nature of work, i.e., exploitative, precarious, and dangerous labour. Furthermore, this study also reveals that these issues can be addressed primarily through regulatory means and regulatory interactions between proposed regulatory measures and existing labour laws, which could be by Coordination, Competition, etc. This aligns with SDG 8, i.e., Decent Work and Economic Growth, as concerns issues related to their benefits, and SDG 10, i.e., Reduced Inequalities, as concerns issues related to their employment relations. The implication of this study for construction stakeholders relates to the development of new regulations and providing a valuable tool for analysing regulatory landscapes and understanding the dynamics of regulatory change, which contributes to scholarly discussions on fair labour practices and the protection of gig workers and helps inform policymaking that will help attract, motivate, retain, and engage more gig workers in the construction industry, which will foster proper workforce management.

Penyalahgunaan Keadaan dalam Perjanjian Kerja Waktu Tertentu (PKWT) Alih Daya

This research examines the abuse of conditions in the Specific Time Work Agreement (PKWT) by PT. MD in Medan City, with a focus on imbalances in contract clauses that are detrimental to agency workers. The problem formulation includes the legal principles of agreements, the exoneration clause in PT's PKWT. MD, forms of abuse of circumstances, and legal protection efforts. The method used is a normative method with a statutory and conceptual approach, through literature study and field research. Data analysis was carried out qualitatively based on interviews with PKWT workers at PT. MD in 2024. The research results found that the 2024 PKWT at PT. MD that the clauses in employment contracts contain exoneration clauses in the form of provisions that are contradictory and burdensome to workers, such as exoneration clauses and mandatory overtime without compensation. Abuse of circumstances occurs due to the dominance of the bargaining position of companies that take advantage of the uncertainty of workers' employment status to suppress their rights. This condition is exacerbated by weak legal supervision and the existence of regulations that do not fully accommodate the need for certainty and legal protection for PKWT workers at PT. MD.

Protection of Vulnerable Workers: An Imperative for All.

Protection of Vulnerable Workers: An Imperative for All.

Legal Protection for Female workers in Indonesia (Study on the Rights of Female Workers in Tolitoli)

Legal Protection for Female workers in Indonesia (Study on the Rights of Female Workers in Tolitoli)

Protection of population and workers with cardiac implantable stimulators from 5G exposure. Part I: mobile terminal exposure

Protection of population and workers with cardiac implantable stimulators from 5G exposure. Part I: mobile terminal exposure

How Building Information Modeling Technology Supports Safety on Construction Sites: The Case Study of a Water Reservoir in Italy

Workplace safety, particularly in the construction industry, is a moral and legal imperative, prioritizing the protection of workers’ health and well-being. In Italy, Legislative Decree 81/08 (and subsequent modifications) serves as a regulatory framework for workplace safety, defining the duties of employers and employees and promoting accident prevention measures. Building information modeling technology, which has revolutionized the global construction industry by offering an integrated approach to design, construction, and management through intelligent digital models, has only recently started gaining traction in Italy as part of Industry 4.0. This article examines the potential of integrating the current prevention strategies with BIM technology to optimize safety design on construction sites. A case study demonstrates the use of the BIM software REVIT to model a water reservoir for an aqueduct, including structural and plant components, the surrounding context, and proposed construction site organization. The research methodology involves creating a contextualized 3D model to support preliminary safety assessments, work process organization, and the drafting of a safety and coordination plan. Through detailed analysis and critical discussion, this work contributes to understanding how the interaction of regulations and BIM technology can improve construction site safety, offering insights that are applicable beyond the Italian context to the global construction industry.

The power of the right to an effective remedy to horizontalize DirectivesComment on Case C-715/20, X (Absence de motif de résiliation), 20 February 2024

This note provides insight into the innovative use of the right to an effective remedy in the case X (Absence de motif de résiliation), which enables the horizontal application of the equal treatment provision contained in Directive 1999/70 on fixed-term work. After recalling the weaknesses of the protection of precarious workers under Directive 1999/70, especially when the Directive has not been correctly implemented by a Member State, and is thus deprived of horizontal direct effect, it focuses on the power of the right to an effective remedy, illustrated by the decision, and suggests that this decision can be the catalyst for a significant extension of the horizontal effect of Directives.

Frontiers of Legal Protection

In a globalized world, prioritizing capitalism, democracy, and human rights, economic migration has become common trend for both skilled and unskilled workers. Kenya and Saudi Arabia have longstanding bilateral relations, resulting in increased migration of Kenyan domestic workers to Saudi Arabia. However, this has also led to rising human rights violations. This article assesses the efficacy of Kenya's legal regime in the provision of the security of domestic workers in Saudi Arabia. It explores the relationship between Kenya’s legal framework and its practical implementation in guaranteeing their security. In its methodology, it utilises a qualitative approach, conducting interviews with returnee domestic workers, Kenyan domestic workers currently in Saudi Arabia, recruitment agency officials, and personnel from the Ministry of Foreign Affairs and the Ministry of Labour. The findings highlight significant gaps in Kenya's legal framework and its enforcement, which hinder the protection of domestic workers abroad. It concludes with recommendations to strengthen Kenya’s legal protections and improve the security of its migrant workers.

Legal Protection for Remote Working Workers: Comparison of Positive Law Between Indonesia and United States

The development of increasingly diverse and time-spanning work arrangements: remote work systems need to be known and understood with certainty and legal protections for remote employees. Remote Working workers are prone to non-compliance with the following rights in the company's work cycle. The United States, one of the developed countries, has regulations to protect remote workers, and interpreting these regulations according to the situation in Indonesia can be helpful if they are implemented appropriately. This study aims to obtain reference materials regarding regulations that can be applied in Indonesia to ensure legal protection for remote workers. This research is comparative legal research using literature studies. In Indonesia, Remote Working worker regulations do not exist specifically, so they are still based on the Job Creation and Manpower Law. Meanwhile, in the United States, regulations for Remote Working workers have existed since 1990 until now. Despite the differences in legal systems between Indonesia and the United States, efforts are being made to coordinate appropriate regulations to develop government regulations in line with the increasing diversity of employment systems. Therefore, the government must clarify and follow up on determining legal protection for remote workers.

International Law Policy on the Legal Protection of Migrant Workers

The scarcity of job opportunities in the nation has driven many inhabitants try to seek employement abroad as migrant workers or foreign laborers. Legal protection for foreign laborers has been regulated in the ICMW and several national laws. This aims to ensure entitlements of foreign laborers and their relatives. However, in reality, violations of foreign laborers rights still occur. The case the author intends to analyze involves violence against Indonesian foreign laborers that took place in 2022. The research employs the normative legal method, incorporating both statutory and case approaches. The sources of legal materials used include primary legal materials in the form of basic legislation that are Law No. 6 of 2012 and Law No. 18 of 2017, ICMW, ILO, etc that are relevant to the material. In addition, secondary legal materials from (international) law books, scientific journals, research results, news from the internet, as well as tertiary materials such as legal dictionaries also support. As for the research results show that the international law policy on the legal protection of migrant workers have been well implemented, as evidenced by the presence of ICMW and the implementation of international law policy on the legal protection of migrant workers: a case study of violence against Indonesian migrant workers in Turkey have been well implemented, as evidenced by the presence of both international and national instruments. International instruments are regulated in the ICMW and Indonesian national law is regulated in Law No. 6 of 2012 and Law No. 8 of 2017. And for the resolution of acts of violence for Indonesian migrant workers has also been regulated in such a way in the Law No. 8 of 2017.

Evaluation of Covid-19-related musculoskeletal pain in healthcare workers during the pandemic

Aims: To investigate the prevalence, characteristics, and musculoskeletal distribution of pain, one of the most frequently encountered complications among healthcare professionals during the COVID-19 pandemic. Methods: The study included healthcare workers who had recovered from COVID-19 at least six months before their inclusion. Demographic data of the participants were collected. Pain levels were assessed with the Visual Analog Scale. The "Oswestry Low Back Pain Disability Questionnaire" was used to measure low back pain and disability levels, which aims to assess how pain affects activities of daily living. The "Douleur Neuropathique 4 Questionnaire" interview section was used to assess the level of neuropathic pain. Results: A total of 101 participants with a mean age of 37.72 ± 1.22 years were included in the study. Of these participants, 78 (77.2%) were female and 23 (22.8%) were male. Of the participants, 32 (31.7%) were physicians, 34 (33.7%) were nurses, and 35 (34.7%) were healthcare workers. The most common areas of pain reported in healthcare workers in our study were the head, lower back, and back. A statistically significant difference was observed in the analysis of Oswestry Scores between different occupational groups (p <0.001). Subgroup analyses showed that there was no statistically significant difference between nurses and other healthcare personnel (p = 0.082). However, a significant difference was observed between doctors and nurses (p <0.001) and also between doctors and other healthcare personnel (p = 0.008). The most frequently reported neuropathic symptoms were numbness, pinprick sensations, and tingling. Conclusion: Our study that examines the location and character of pain in the musculoskeletal system in healthcare workers can support fundamental strategies in the protection of healthcare workers and the continuity of healthcare system delivery. Developing necessary prevention strategies is crucial to prepare healthcare workers for managing future outbreaks.

Low-Dose Ionizing Radiation and Thyroid Diseases and Functional Modifications in Exposed Workers: A Systematic Review.

Background/Objectives: With technological development, ionizing radiation has found applications in numerous occupations. However, the determination and quantification of the damage resulting from exposure to it remains rather unclear, along with the damage to particular organs. The aim of this systematic review was to investigate the relationship between low-dose ionizing radiation (LDIR) in exposed workers and possible functional changes and cancer development in the thyroid gland. Methods: We included observational studies evidencing the correlation under study. Data extraction and analysis was conducted on all included studies. The research strategy included three electronic databases (PubMed, Scopus, and Web of Science). The systematic review followed PRISMA guidelines, and the research protocol was submitted to PROSPERO (CRD:42023425839). Results: The search initially yielded 166 articles and, once duplicates and irrelevant articles were removed, a total of 15 useful articles were reviewed. Qualitative analysis of the studies showed that the TSH value does not change following exposure, while a reduction in fT3 and an increase or reduction in fT4 can be observed. Furthermore, the correlation between thyroid cancer and occupational exposure to radiation was not shown with certainty, but there was some evidence of increased gland volume and nodule formation. Conclusions: Even at low doses, ionizing radiation adversely affects thyroid activity. In this regard, new studies should be carried out in order to further investigate and define this issue and, consequently, outline useful measures to ensure the protection of workers in contact with this particular physical agent.

Identification of Industrial Occupational Safety Risks and Selection of Optimum Intervention Strategies: Fuzzy MCDM Approach

Over 1.1 million deaths occur annually from workplace injuries and diseases, with higher risks in developing countries. Occupational safety studies commonly use quantitative or qualitative methods, but these often fail to address uncertainty. This research targets the Libyan Steel Company (LISCO), aiming to analyze safety risks and develop a structured approach to identify optimal risk mitigation strategies. To this end, the Fuzzy Weights by ENvelope and SLOpe (F-WENSLO) method was chosen to determine the weights of three main safety risks and a total of 18 sub-risks belonging to them, and the fuzzy Bonferroni mean aggregation operator is applied to synthesize expert opinions. The Fuzzy Alternative Ranking Technique based on Adaptive Standardized Intervals (F-ARTASI) method was used to identify and rank the most appropriate safety interventions. While the primary risks identified under the main criteria and sub-criteria are occupational diseases and noise-induced diseases, with weights of 0.4737 and 0.1313, respectively, the intervention strategy deemed most effective for enhancing occupational safety is behavioral safety programs, which hold a weight of 11.0341. The sensitivity test of the analysis results reveals that although the criteria weights and the parameters used in the analysis vary under various scenarios, the ranking of the alternatives remains consistent. Since the general ranking of the alternatives is the same in other methods, decision makers will reach similar results no matter which method they use. This shows that a flexible and reliable decision-making approach is adopted in the process of optimizing occupational safety risks. This research emphasizes the critical importance of prioritizing occupational diseases and natural hazards in the formulation of occupational safety strategies and thus aims to contribute to the protection of workers in industrial plants such as LISCO.

Legal regulation of social dialogue in Ukraine: current challenges and prospects for improvement

The article comprehensively examines the legal regulation of social dialogue in Ukraine, analyzing its current state, challenges, and prospects for improvement in the context of modern socio-economic transformations. The research focuses on the complex interplay between historical developments and contemporary trends in social dialogue regulation, particularly emphasizing the challenges posed by the digitalization of labor relations and Ukraine’s European integration aspirations. The study provides a detailed analysis of how the COVID-19 pandemic and Russian aggression have significantly impacted Ukraine’s labor market and social dialogue mechanisms. These extraordinary circumstances have exposed existing vulnerabilities in the system while simultaneously creating new challenges for worker representation and collective bargaining processes. The research particularly highlights the declining trade union membership and the emergence of precarious employment forms as critical factors undermining traditional negotiation processes. Special attention is devoted to examining the legal framework’s adaptation to new forms of employment, especially in the digital economy sector. The article identifies significant gaps in the current regulatory framework regarding platform workers and those employed through algorithmic management systems, who often lack effective representation and protection mechanisms. This analysis is complemented by an assessment of recent legislative reforms aimed at harmonizing Ukrainian labor law with EU directives and international standards. The research methodology combines historical analysis with contemporary legal and socio-economic perspectives, allowing for a comprehensive understanding of the challenges facing social dialogue in Ukraine. The study examines various stakeholders’ positions, including trade unions, employers’ organizations, and government bodies, providing a multi-faceted view of the current situation and potential solutions. The article proposes a comprehensive set of measures to improve the legal regulation of social dialogue. These recommendations include modernizing the legislative framework to accommodate modern forms of employment, strengthening the institutional capacity of social partners, and developing social dialogue mechanisms at the local level within the context of decentralization. Particular emphasis is placed on the need to enhance data collection and analysis systems to better inform policy decisions and monitor the effectiveness of collective agreements. The research findings suggest that effective legal regulation of social dialogue is crucial for ensuring social stability and economic development in Ukraine. The proposed improvements aim to create a more resilient and inclusive system of labor relations that can better protect workers’ rights while promoting economic growth. The article emphasizes the importance of these reforms in the context of Ukraine’s post-pandemic recovery and post-conflict reconstruction, highlighting social dialogue as a key mechanism for successful economic reconstruction and integration into the European socio-economic space. The study contributes to the broader academic discourse on labor law reform and social dialogue in transitional economies, offering insights that may be valuable for other countries facing similar challenges. It concludes by emphasizing the need for a balanced approach that considers both immediate labor concerns and long-term structural reforms, ensuring that Ukraine’s social dialogue framework can effectively address current challenges while preparing for future developments in the world of work.

THE RELATIONSHIP BETWEEN OCCUPATIONAL SAFETY AND HEALTH BEHAVIOR AND WORKPLACE ACCIDENTS IN MICRO, SMALL AND MEDIUM RATTAN BUSINESSES IN GRESIK DISTRICT

Work accidents are caused by events in the work environment which are certain to harm various parties and even lead to disability and even the most fatal event, namely death. Work accidents in Gresik Regency Rattan MSME's that appear to dominate are due to a lack of knowledge, attitudes, compliance and Personal Protective Equipment. The aim is to find out how the relationship between Occupational Safety and Health behavior and the incidence of work accidents in Rattan Micro, Small, and Medium Enterprises in Gresik Regency. The study was conducted cross-sectionally and classified as quantitative. The total population involved is 278 workers who worked in 16 semi-finished rattan MSME's. The selected participants were randomized (simple random sampling) and Slovin's formula, resulting in a total of 165 workers as respondents. Data collection was conducted through three main methods, namely direct observation, interviews, and questionnaires. The variables used are OHS behavior which includes OHS knowledge, OHS attitude, OHS compliance and the use of personal protective equipment (independent), while the incidence of work accidents (dependent). Data analysis used 2 statistical test methods, both Chi-square and Fisher's exact test. The results of the study concluded several statements, there is a relationship between knowledge and work accidents (p = 0.008), there is a relationship between attitude, compliance with work accidents (p = 0.000), there is a relationship between Personal Protective Equipment and work accidents (p = 0.004). The dominant factor influencing work accidents is the factor of compliance with work instructions (OR 13.993). Suggestions for improvement are that it is hoped that Gresik Regency Rattan MSME 's will impose regular training on work safety procedures to workers in order to increase workers awareness as well as to ensure that PPE is available and used.

Compensation for moral damage by the employer for mobbing (harassment) of an employee

The scientific article is devoted to the study of the compensation mechanism for moral damage for committing mobbing (harassment) of an employee by the employer. Adoption of relevant regulatory legal acts to prevent and combat mobbing (bullying) has made the study relevant due to lack of effective instruments for protecting the rights of affected employees who have become victims of bullying. Since mobbing has not only a moral but also an economic impact, including losses for employers due to reduced employee productivity, the study of this topic is relevant both from human rights protection and effective working environment formation that meets the requirements of modern society. The article analyzed the definitions of mobbing proposed by scientists, provided for by the current legislation of Ukraine and international legal acts. Thus, the European Social Charter and EU directives emphasize the right of employees to decent treatment and establish norms for equality in employment. The authors proposed main characteristics of mobbing, among which there are specific subjects, objects and subject of mobbing, as well as the fact that mobbing is committed with the aim of humiliating dignity, violating labor rights, creating a tense atmosphere and is carried out in the form of psychological or economic pressure. The scientific work classified mobbing according to various criteria. Particular attention was paid to vertical mobbing (bossing), which has become the most widespread, because employees do not fight this phenomenon, fearing the power of the manager. Given the research conducted the authors concluded that in order to compensate for moral (non-material) damage, the court must take into account the significant personal losses of the injured person, which are caused by moral or physical suffering, or other negative phenomena as a result of mobbing, the fact of which was confirmed by a court decision. Based on a thorough analysis of case law, the authors identified following problems with law enforcement: employees often confuse mobbing with the employer’s legitimate requirements; proving the commission of mobbing in court requires a wide range of evidence, including written, physical, electronic, witness statements, etc.; it was established that the compensation claim for moral damage caused by mobbing is a derivative of the basic requirements.

Stress Analysis and Safety Factors of Hand-rail Hoppers Based on the FEA Method

Ensuring handrails structural integrity and safety in industrial hopper systems is crucial for worker protection and operational efficiency. This study investigates handrail systems design, stress analysis, and safety factors using Finite Element Analysis (FEA) via SolidWorks. Observations of existing systems revealed deficiencies such as improper welding techniques and unstable mounting, which were addressed through an improved modular handrail design that incorporated standardized dimensions, full-welded joints, and clamped baseplates. The methodology included a comprehensive simulation of the static loads, stress distributions, and deformation patterns validated through physical load testing. Results demonstrated significant improvements, with a reduction in the maximum stress by 25% and deformation by 40%, yielding a safety factor of 1.85. The findings confirm compliance with the industrial safety standards and highlight the robustness of the proposed design. This research contributes to advancing workplace safety through a replicable framework that combines simulation and empirical validation, offering broader applicability to safety-critical industrial components.

Research on the Protection of Battlefield Sites in the Taihang Mountain Area of Southern Hebei Province, China: A Case Study of She County

This study is based on the Taihang Mountain Area in Southern Hebei Province, focusing on battlefield sites in She County. Interdisciplinary theories and methods such as field investigation, architectural typology, and GIS spatial analysis are used to establish the protection roadmap and geographic information database for battlefield sites. The aim is to reveal the architectural characteristics and spatiotemporal distribution patterns of battlefield sites, evaluate its current status and constraints, and propose targeted protection strategies and restoration measures. Research has found that battlefield sites combine the characteristics of traditional dwellings and village temples, presenting the characteristics of clear clustering distribution and low altitude with a system near the water in the spatial and temporal dimensions, with good natural adaptability and unique rural cultural landscapes. At the same time, in response to the constraints and challenges still faced by protection work, a protection strategy framework has been constructed from six aspects: strengthening daily maintenance, reducing human and natural damage, optimizing the property rights system, unifying responsibility subjects, comprehensive development and utilization, and international legislation and cooperation. Repair and protection guidelines have been established from five technical links: timber structure, joinery work, roof, wall, and ground. This study can lay the foundation for the cultural inheritance and sustainable protection of battlefield sites in the Taihang Mountain Area of Southern Hebei Province, and provide theoretical references and practical examples for similar research.

NORM Management in the Oil and Gas Industry: From Production to Decommissioning

The accumulation of Naturally Occurring Radioactive Material (NORM) during oil and gas production is a well-known phenomenon in mature markets with established legislation and disposal methods. In Brazil, MTE Regulatory Standard No. 37, issued in 2018, established the first labor regulation addressing NORM as an occupational hazard. Since then, oil companies have focused on managing waste disposal, with particular emphasis on NORM management. As Brazil anticipates an increase in decommissioning and dismantling activities, advancing methods, regulatory limits, and solutions for NORM management is critical. This article presents the specific regulations and the practical experience for radiological protection of workers and proper radioactive waste management within oil and gas installations. Through technical visits, dose rate monitoring, and legislative analysis, the study contextualizes the operational environment of exploration and production units, detailing health risks, waste characteristics, and storage requirements. The article also underscores the sector's complexity, emphasizing the variability in NORM accumulation across different installations and the necessity for targeted protective measures due to the potential exposure of employees during cleaning and inspection activities.

Behind the Seam: Addressing Workplace GBV in the RMG Sector of Bangladesh

Gender-based violence (GBV) at workplaces undermines decent work standards, and female workers are the primary victims in the Ready-Made Garments (RMG) industries of Bangladesh. The Violence and Harassment Convention 2019 (Convention no. 190) addresses workplace GBV with strict compliance requirements. The qualitative research examines the scope of C.190 in eliminating GBV from the RMG industries of Bangladesh. It analyses national measures against workplace GBV from primary data, such as relevant laws, policies and judicial decisions. It also evaluates RMG workers’ access to judicial and quasi-judicial remedies using secondary data from journal articles, books, newspapers, and reports. Finally, it examines the scope of C.190 to eradicate GBV from RMG industries. Findings reveal limited access to justice by female workers and employers’ non-compliance with laws. C.190 mandates government action to amend current legislation, ensuring accessible remedies and employers’ compliance. The ratification of C.190 can significantly enhance legal protection for RMG workers in Bangladesh. Dhaka University Law Journal, 2024, 35 (1), 193-216