Employment Rights Research Articles

Discrimination Based on Political or Other Opinions: Impact on the Labor Rights of Probationary Employees and Interns

Abstract The probation (trial) period employment contract and the internship are characterized by certain specificity in Georgian law. The issue of protecting the labor rights of probationary employees and interns, especially the termination of the contract, is even more specific. Moreover, the issue of political or other views, as one of the types of freedom of expression and the form of discrimination is interesting in the internship and trial period labor relationship. Based on the specificity of the Georgian case law, due to the simple termination of the probation period (trial period) employment contract, it is possible that the employer may abuse his right and thus violate the rights of the employee and/or intern. The following article mainly focuses on the research of these issues. The article also analyses the recent approaches of the Georgian courts’ practice and several cases of the International Court of Justice, which are the most well-known and often cited cases in foreign legal literature.

Dimensi Budaya Hofstede dalam Komunikasi Antarkaryawan Organisasi Multinasional

The cultural differences within an organization can create various barriers in the communication process among employees. Therefore, with the increasing number of international migrants in Indonesia, employees are required to enhance their understanding of cross-cultural communication. One example is the marketing department employees of a multinational organization under the initial DO, which is led by two managers from different countries, Indonesia and Germany. Hence, this research aims to examine the communication practices of DO’s marketing department, which are influenced by two vastly contrasting cultures using Hofstede's cultural dimensions. To conduct the research, a descriptive case study method was used, employing in-depth interviews with five members of DO's marketing department. The research found that the dynamics of communication in the marketing department are greatly influenced by cultural dimensions, particularly in aspects such as decision-making and discussion processes, communication styles, task distribution patterns, freedom for innovation, employee work patterns, views on deadlines, and views on employee rights such as leave and dress code. The research also found that members of the department from Indonesia will only adopt foreign cultures brought by their expatriate leaders if they are deemed suitable or compatible with their own culture. Conversely, if they are not compatible, the German leader tends to accommodate and adjust to their other members. Understanding cultural dynamics that happens in communication among employees allows the company to detect types of communications that are happening and detect problems that might happen, for a more effective process. Keywords: employee communication, Germany, Hofstede’s cultural dimensions, Indonesia, multinational organization

Decent Work Agenda in Botswana: Strides and Challenges

The Decent Work Agenda (DWA) in Botswana provides a comprehensive framework designed to promote fair labour practices, enhance worker rights, and foster sustainable economic growth. This article analyses the progress achieved in executing the decent work agenda, focusing on enhancements in labour standards, gender equality and inclusion, and capacity building and training. Furthermore, it illustrates the ongoing challenges that delay progress, including elevated unemployment rates, informal employment, and migration and labour rights. The analysis utilises multiple policy recommendations, highlighting the necessity of reinforcing labour rights and protections, advancing skills development, and improving stakeholder involvement in policy formulation. Addressing these challenges and leveraging existing successes will enable Botswana to develop a more inclusive labour market that adheres to the principles of decent work, thereby enhancing the nation's long-term economic sustainability and social equity. The findings highlight the significance of a collaborative approach among government, civil society, and the private sector to effectively implement the decent work agenda, ensuring it yields measurable benefits for all workers in Botswana.

The times, are they changing? Examining platform companies' chameleonic labour process as a response to the Spanish Rey Rider

Abstract This article investigates the effects of the Spanish initiative to deploy a universal presumption of employment relationship for all platform couriers (Ley Rider). Drawing from 36 semi-structured interviews and several non-participant observations in Spain, this article shows that the impact of this initiative has been positive but limited. The eradication of bogus self-employment is a positive development, as it allows workers to access safety nets such as social security and employment rights while preserving valued aspects of their employment model like flexible scheduling. However, this progress is undermined by the platforms' efforts to circumvent regulations through what we term a ‘chameleonic labour process’. Such chameleonic behaviour on the part of the platforms includes: outsourcing labour operations to other companies; maintaining the independent contractor model; and, condoning undocumented work. Despite some progress, workers continue to face insecurity and low wages across all platforms, albeit in varying degrees and in different forms.

Analysis of Women's Freedom of Movement and Employment Rights, Pre- and Post-Marriage in Iran

Analysis of Women's Freedom of Movement and Employment Rights, Pre- and Post-Marriage in Iran

Formulation of Boilerplate Clauses in Outsourcing Agreement that is Constanted by the Parties in Give Legal certainty

This research analyzes the formulation of boilerplate clauses in outsourcing agreements, focusing on how these clauses ensure legal balance and certainty for all parties involved. It reviews critical components such as Choice of Law, Language Clauses, and Severability Clauses, identifying their roles in achieving fair and enforceable agreements. Utilizing a normative legal research method, this study examines Indonesia's Employment Law No. 13 of 2003 and Government Regulation No. 35 of 2021, which outline the guidelines for outsourcing, including the legal requirements for contracts with outsourced workers. Findings suggest that incorporating boilerplate clauses within outsourcing agreements strengthens legal certainty and balance between the outsourcing agency, employer, and outsourced workers, addressing potential issues of norm ambiguity and ensuring adherence to national labor standards. The research emphasizes the importance of these clauses in upholding the principle of legal balance and protecting the rights of outsourced employees.

Pelaksanaan Kebijakan Diskriminasi Positif Bagi Penyandang Disabilitas Untuk Memperoleh Pekerjaan di Kota Jambi

The aim of this research is to determine the implementation of positive discrimination policies for people with disabilities to obtain jobs in Jambi City. Empirical juridical research using a socio legal research approach. Data sources were obtained from field data and library data, data collection techniques used interviews and documentation, data were analyzed descriptively analytically. The research results show that the right of people with disabilities to get work is a constitutional right guaranteed in the 1945 Republic of Indonesia Constitution and various laws and regulations related to people with disabilities, employment and human rights. Positive discrimination policies are needed as an effort to protect and fulfill the rights of people with disabilities to get jobs in Jambi City in the form of ease of information and building accessibility as well as a quota system to fulfill the rights to get jobs for people with disabilities. The implementation of positive discrimination policies for people with disabilities in obtaining jobs in Jambi City in the future requires a form of positive discrimination policy that is based on the principle of justice and the application of the whole government concept as a form of data integration as an effort to empower people with disabilities, so that protection, fulfillment of rights, guidance and empowerment of people with disabilities disabilities to obtain work in Jambi City can be fulfilled

“They are not even called by name”: Security guards in a South African psychiatric hospital

BackgroundSecurity guards (SGs) play a significant role in health care and are an integral part of many psychiatric institutions. While their main duty is to ensure service users' (SUs) and staff's safety and protect the premises, they are also called upon for other tasks, often ones for which they are not adequately trained. This study aimed to explore the roles, formal and informal tasks performed, training, working conditions and well-being of SGs working in psychiatric services. MethodsGuided interviews were conducted with n = 12 SGs and n = 18 mental healthcare providers (MHCPs) at a psychiatric hospital in the Western Cape of South Africa. All interviews were audio recorded, transcribed verbatim and analyzed using a thematic analysis approach. ResultsIn addition to ensuring safety, SGs take on numerous informal tasks, often for which they are not adequately trained and which formally fall under the purview of other MHCPs, mostly nurses, including talking with SUs about their mental health issues, dressing, showering, feeding, and administering medication. SGs also serve informally as interpreters, raising ethical concerns regarding accuracy and confidentiality. SGs lack formal training for working in psychiatric services and handling aggressive SUs, which may lead to increased violence instead of de-escalation and, in the worst case, injuries. SGs work under precarious working conditions (i.e. low salary, outsourced employment, absence of labour rights and job insecurity) and lack professional recognition, potentially leading to lower job satisfaction and increased emotional distress. ConclusionAddressing the challenges outlined in the study requires collaborative efforts between government, psychiatric institutions, private security companies, SGs and MHCPs. The establishment of clear roles, implementation of comprehensive formal training, psychosocial support and improved working conditions, particularly in-house employment, higher pay, increased employee rights and job security, are needed.

Employment Rights of Teachers in Faith Schools: Maximising the Religious Rights of Schools and Staff

Employment Rights of Teachers in Faith Schools: Maximising the Religious Rights of Schools and Staff

THE FUTURE OF ARTIFICIAL INTELLIGENCE (AI) IN THE WORKPLACE: OPPORTUNITIES AND CHALLENGES

In this study, my goal is to analyse the transformation of employer rights in the context of the application of artificial intelligence (AI). The introduction of AI technologies has a significant impact on the employers’ right to instruct, control and discipline, and also raises new data management challenges. My central theme is the growing role of automated decision-making, particularly in the areas of recruitment, selection and performance appraisal, which are also an important part of human resource management, a subset of employer rights. In the course of the above-designated research path, I attempt to answer questions that make the relevance of the topic indisputable: How can the transparency and legality of automated decision-making be ensured in the employment relationship? What data protection concerns arise in the application of AI? Due to the rise of AI technologies, examining these questions is of fundamental importance from the aspect of the protection of employee rights and interests.

Comparison of TMS 19 and IFRS in Directing Foreign Direct Investment to Employment

This study aims to examine TAS 19 and the International Financial Reporting System (IFRS) systems in order to direct foreign investment to employment. In this research, firstly, general information on related concepts was given, and then, in order to encourage foreign investment, TAS 19 and the IFRS system are compared in general. According to the results of the study, there is not enough incentive and ease in directing foreign investors to both the IAS 19 and UFDRS systems. When these two systems are compared with each other, it has been observed that TAS 19 is more effective in terms of employment oriented applications and directing foreign direct investment to employment, and responds more effectively than the IFRS system in many areas, especially from employee rights to investor's legal rights and regulations. TAS 19 is important for directing domestic investments to employment, and IFRS is important for bringing foreign direct investment to the country. It can be stated that the revision of TAS 19 to allow the free movement of capital in the international arena, similar to the IFRS system, will have positive contributions to the economy by increasing both field practices and increasing employment.

Decent Work as An Impact Factor on The Human Capital of Companies in Tulancingo, Hidalgo

Objective: This study analyzes the elements that influence decent work in companies in Tulancingo, Hidalgo. This is because currently the personnel working in organizations infer that they do not have a decent job, due to the fact that there is no pleasant work environment, communication is not usually adequate, in addition to the fact that they do not provide training to perform their functions, which impacts on not having economic and job stability. With the results of this research, we intend to identify and relate the factors that impact human capital when having a decent job. Theoretical Framework: The study analyses related aspects of decent work, human capital and decent work, as well as human capital and decent work, the impact of decent work on social economic development, challenges in the implementation of decent work, aspects such as employment, social protection and labour rights. Design/Methodology/Approach: The methodology used in this research was a quantitative approach, with a total of 383 people from companies in the Tulancingo region, Hidalgo, considering the different sectors, in such a way as to obtain information corresponding to the variables of: employment, social protection, labor rights and social dialogue; which allowed to identify the most relevant elements that impact decent work. Findings: A measurement instrument was used that includes three dimensions of decent work, with a sample of 383 people. Among the results obtained, 53% feel comfortable in their workplace; however, only 42% feel identified with the company. This is related to working conditions, since 33% of people do not have the materials and supplies that allow them to carry out their work effectively, in addition to the fact that the workload is extreme and tiring. Social Impact: The identification of factors that influence decent work will be very useful for companies in Tulancingo, Hidalgo, because strategies can be implemented to have a better work environment, in such a way that operational efficiency is achieved within the different companies, achieving the participation of the members that make it up and having better results by meeting organizational objectives. Originality/Value: This research paper shows how social protection, labor rights and social dialogue impact employability and decent work in companies in Tulancingo, Hidalgo. The identification of factors will be of great relevance not only for organizations, but also for the personnel who work in them and contribute to their performance.

Meeting Men Where they are: Motivators and Barriers to Accessing Health Services through a Men's Mobile Wellness Clinic, October 2019 to March 2020, Blantyre, Malawi.

In Malawi approximately, 88.3% people living with HIV are aware of their HIV status. Significant gaps are among men aged 15-34 years; only 72% know their HIV status. To reach men, Jhpiego, in collaboration with the Ministry of Health (MOH), implemented the Men's Mobile Wellness Clinic (MMWC) at workplace settings in Blantyre, Malawi between October 2019 and March 2020. We conducted a descriptive qualitative study to understand motivators and barriers to MMWC service uptake by employees and employers. Primary data was drawn from in-depth telephone interviews from four study populations: employers who accepted or declined to host the MMWC at their worksite, and employees who accessed or did not access the services. We performed a thematic analysis using Nvivo 12 software to identify patterns and themes across the dataset. Main reasons given for using the service among male employees were a desire to know their health status, availability of free health services at the workplace, and good quality services offered by MMWC staff, and support from their supervisor. Men who did not access services stated reasons such as work-clinic scheduling conflicts, lack of adequate promotion of the service, and miscommunication on the criteria about who should attend the MMWC. Employers who accepted to host the MMWC stated convenience and employee's rights to know their health status. Those who declined either stated that employees did not want the services or COVID-19 preventive measures by the MOH between October 2019 and March 2020 restricted participation. This study underscores the potential utility of MMWC services including HIV testing among men. The desire to know their health status, availability of free MMWC services at the workplace, good quality services offered by MMWC staff, and the endorsement of MMWC by supervisors were main motivators to access the MMWC services. Sensitizing supervisors and employees about the benefits of the MMWC services, strengthening demand creation, and clarifying eligibility are important to facilitate MMWC uptake among men in Malawi.

ОСОБЛИВОСТІ ВПРОВАДЖЕННЯ МОНІТОРИНГУ ПЕРСОНАЛУ НА СУЧАСНИХ ПІДПРИЄМСТВАХ

Businesses related to various niches and industries use employee monitoring to protect themselves from potential risks of data leakage and other external threats. Employee monitoring is a new strategy in today's business that is central to improving productivity and operational efficiency. The application of scientific methods of monitoring and analyzing the activities of employees in real time allows organizations to achieve a high level of accountability, optimal allocation of resources and making informed management decisions. Such a monitoring system contributes to the rise and development of the enterprise, creating a more productive and motivated work environment. The article examines the peculiarities of the implementation of employee monitoring as an important tool for ensuring the efficient operation of the enterprise, maintaining labor discipline and rational use of resources. Separate forms of monitoring that are used in practice are considered. Attention is focused on the legal aspects of the monitoring process, compliance with the needs of both employers and employees, in particular, taking into account the rights and privacy of the latter. In the modern conditions of business operation and development, employers have an interest in the most efficient use of their staff's working time. Time control is one way to achieve this. Controlling working hours can be efficient and beneficial for a company, but it can also raise certain ethical and legal issues. It is important that this control is carried out in compliance with all relevant legal requirements and taking into account the rights and interests of employees. Therefore, the employer must develop and implement internal regulatory documents that regulate monitoring procedures, as well as ensure that employees are informed about their rights and obligations in this process. This will avoid conflicts and ensure the legal purity of monitoring, maintaining a balance between the needs of the enterprise and the rights of employees. The choice of personnel monitoring and tracking tools is not limited to technical aspects, but includes the creation of a culture of trust and openness in the relationship between the employer and employees.

‘Workers using foodbanks’: the embedding of food insecurity at the nexus of welfare and employment laws

In this first UK study of ‘Workers using foodbanks’, 65 per cent of research participants, including 76 per cent of those of working age, identified poor-quality employment as the root cause of their food insecurity. This primary problem of the deficient quality of jobs was characterised by insecure work, low wages, and excessive mental stress. Data revealed an environment in which workers are required to claim benefits because available employment cannot sustain their needs. A contemporary generation of ‘in-and-out-of-work[ers]’ are food insecure because of a secondary problem of inadequate welfare support. Post-pandemic welfare laws are interacting with ineffective employment rights protection to scaffold a low-wage labour market in which jobs are stripped of qualities that meet workers’ basic needs. There is an urgent need to respond to the UKs record high incidence of food insecurity by improving the quality of available employment so that all jobs deliver adequate income, security of working arrangements, and support for good mental and physical health. ‘Workers using foodbanks’ is an aphorism that captures a contemporary reality in which the risk of food insecurity is embedded in contractual arrangements for work that are forged at the nexus of welfare and employment laws.

Observance of the labour rights of persons who have been deprived of their personal liberty as a result of armed aggression

Based on the monitoring of the Ukrainian Parliament Commissioner for Human Rights, the article reveals the state of observance of labour rights of civilian hostages. The article identifies problematic issues that obstruct the realisation of these rights of persons who have been deprived of their personal liberty as a result of armed aggression. It is noted that the Geneva Convention relative to the Protection of Civilian Persons in Time of War prohibits the taking of hostages. Failure to comply with the principles of international humanitarian law by representatives of the Russian Federation leads to the inability to ensure the protection of civilian hostages in accordance with international norms due to the unresolved nature of this issue. The Russian Federation, despite international norms, keeps such persons in captivity, does not notify them of their detention, does not provide them with the appropriate status, as a result of which the detained person cannot appeal against his or her detention, has no opportunity to report it. According to international standards, victims of enforced disappearances have the right to compensation from the state, which provides them with the maximum possible rehabilitation. It is noted that the protection of the constitutional rights of civilian hostages is provided for by the Law of Ukraine “On Social and Legal Protection of Persons in respect of whom the deprivation of personal liberty as a result of armed aggression against Ukraine and members of their families has been established”. In addition, it is noted that civilian hostages have the right to keep their jobs, but the law does not provide for the payment of wages. The article establishes that it is impossible to properly exercise the labour rights of employees who have become civilian hostages guaranteed by the Constitution of Ukraine. The emphasis is placed on the legislative gaps that do not allow civilian hostages to exercise the guaranteed right to credit their insurance period. The article provides for the crediting of insurance periods to civilian hostages, which affects social guarantees and, subsequently, the level of pension provision. Due to the uncertainty of the payer of the unified social contribution, such credit is not given for persons in respect of whom the deprivation of personal liberty as a result of armed aggression against Ukraine has been established. Deprivation of personal liberty is the basis for postponement or extension of annual leave and is also included in the length of service that gives the right to annual basic leave. Civilian hostages are additionally entitled to a one-time voucher to maintain their competitiveness in the labour market through retraining, specialisation, advanced training, and education in professions and specialities for priority economic activities. It is found that the problem of civilian hostages is closely related to the problem of missing persons. It is proved that there is a need to expand the labour rights of civilian hostages by guaranteeing the payment of wages.

Characteristics, Legal Nature and Taxation of Management Contracts According to the Macedonian Law

Managerial contracts are essentially synthesis of the power of management and the power of the leadership of the company. The conclusion of management contracts is not a simple and routine task which the contracting parties will easily access or, on the other hand, they will assign that task to other (third) persons. With the adoption of corporate decisions by the company, at the moment of appointment to the management body, and thus becoming a member of the body, rights and obligations determined by law arise. In the process of transferring the status powers to the management body or the manager, the owners of the companies or their representatives inevitably have to share a part of the power with the elected managers. The managerial contract is an act of free entrepreneurial will of the two parties that conclude the contract. Thus, this contract regulates the salary, allowances, participation in profit, reimbursement for expenses, reimbursement for life insurance, insurable income, and other employment rights and obligations. On the other hand, managers as individuals facing professional risk are to create a professionally based coalition of interests of all those involved in realizing the company’s corporate goals and business policy and thereby enable economic growth and development.

Internal CSR and the decline of organised labour: a possible elective affinity?

Purpose This paper aims to explore the potential relationship between internal corporate social responsibility (CSR) and the decline of organised labour in countries of the global North. Given the opposing trends since the late 20th century and the widespread adherence of internationally recognised labour standards in CSR codes, standards, and reporting frameworks, questions arise about the disparity between CSR rhetoric and practice regarding the collective rights of in-house employees. The paper further explores the tendency in CSR scholarship to overlook violations of collective rights for in-house employees in the global North. Design/methodology/approach To examine whether there is an elective affinity between the rise of CSR and the decline of organised labour, the paper uses a discursive institutionalism approach, providing a meta-theoretical analysis of academic literature on internal CSR. A scoping review methodology was used to identify relevant literature and compile it into an empirical corpus for a metatheoretical analysis. The empirical corpus, consisting of 38 articles, was generated through a Google Scholar (GS) search guided by the following questions: (1) What are the dominant conceptual framings of internal CSR? (2) What are the dominant roles and practical aspects of internal CSR? Findings The paper identifies two key disparities in the literature: (1) between rhetoric and practice regarding the collective rights of in-house employees in the global North and (2) between the extensive CSR research on violations of collective rights of value chain workers and the limited attention to in-house employees’ collective rights. The analysis highlights two factors contributing to these disparities: the integration of internal CSR into the corporate managerial toolbox and the distinction in CSR discourse between core labour standards and workplace issues. The analysis shows that internal CSR has an elective affinity with the decline of organised labour. Research limitations/implications While scoping reviews are often standalone studies, this paper used the methodology for its stated purpose. Limitations include the broad span of internal CSR across various academic fields and reliance solely on GS. Measures taken to enhance inclusivity were unlimited review period, refined inclusion criteria and keywords during the selection process and cross-checks of cited articles. Social implications Considering the implications of the decline of organised labour on workers’ collective voice, poverty and the distribution gap in wealth and income, this paper suggests that for CSR to play a significant role in advancing sustainable social justice, scholars and practitioners should look at ways to reduce the disparity between rhetoric and practice regarding employees’ voice and collective rights. Originality/value The paper lays the foundation for a better understanding of the potential links between internal CSR and the decline of organised labour. It addresses a gap in the literature on the interrelations between CSR and organised labour in the global North and proposes root causes of this gap. This contribution enriches the scarce literature exploring the potential elective affinity between CSR and transformations in the global economy and labour markets since the late 1980s. Finally, the paper deepens the understanding of the implications of CSR for employees’ collective rights and voice as well as for organised labour.

The right to fair pay and two paradigms of prison work

Is the low level of wages paid to prisoners for their work morally wrong and contrary to the human right to fair pay? This article contrasts two paradigms of prison work, one in which it is an ordinary market transaction to which normal employment rights should apply, with the rival and dominant paradigm that prisoners do not have contracts for the performance of work and sums paid to them are not pay or remuneration but rather a small incentive to perform work in a diligent way. The article also considers what would be required for prisoners’ pay to comply with the human right to fair pay, which has been viewed in three different ways – the right to be a member of a trade union for the purpose of collective bargaining, the right to a living wage that enables a life of dignity, and the right to equal pay with others who perform similar work.

Employees' rights in the Kurdistan Region: a jurisprudential evaluation study

This research aims to show and clarify the rights enshrined in the right of the public employee in the Islamic Sharia emanating from the Holy Qur’an and Sunnah and Sharia policy books. All alike, and legitimate rights manifest in moral and psychological rights and financial rights. Financial rights are formed in salaries, bonuses, retirement, and so on. Moral rights revolve around vacation rights in all their forms, better dealings, defending them, stimulating progress and innovation, and so on. The study relied on the inductive, analytical and survey approach accompanying the list of questionnaires that inquired, and directed questions related to the rights of employees.