Right To Work Research Articles

Tocqueville on the Abolition of Slavery in the French Caribbean: The Preemptive Dispossession and Proletarianization of Black Workers

Abstract: This paper brings together Alexis de Tocqueville's writings on enslavement and emancipation in the United States and the French Empire to trace how his project to abolish slavery in the French Caribbean relied on the use of coercive state power to temporarily truncate the property rights of Black workers and steal part of their wages. Highlighting how Tocqueville proposed forcing ex-slaves into conditions of landlessness and partial wagelessness, I conceptualize these processes respectively as preemptive dispossession and preemptive proletarianization. Attention to Tocqueville's emancipation prescriptions underscores the transnational scope and entanglements of political economy and processes of racialization in his political theory of empire and slavery.

The Ideal Legal Protection of the Child Labor Rights in Indonesia: The Dimensions of Maqāṣid al-Sharī‘ah and the Welfare State

The legal protection of child labor rights in Indonesia, which is regulated in the Indonesian legislation, was not yet ideal. There are many working children (aged 13 to 15 years) in Indonesia whose rights to a prosperous life have not been fulfilled, both in the maqāṣid al-sharī‘ah dimension and in the welfare state dimension. Thus, this research was about the ideal legal protection for the rights of child workers in Indonesia, and the aim was to know and look for the concept of ideal legal protection for the rights of child workers of 13-15 years of age in Indonesia which was in accordance with maqāṣid al-sharī‘ah and the welfare state. This normative research discussed the constitution and laws related to child labor rights by examining the main legal materials, theories, concepts and legal bases related to this research. The results of this research explained that the legal protection of child labor rights in Indonesia was not yet ideal due to lack of clarity in the labor law itself. Meanwhile, the findings in this research; legal protection for the rights of child workers aged 13 to 15 years in Indonesia was not yet ideal because it was not yet in accordance with the dimensions of maqāṣid al-sharī‘ah and the welfare state, and because child labor in Indonesia was still considered unlawful, therefore many children in Indonesia became neglected and poor.

Assessment of Legal Rights of Workers in Bangladesh: A Study on Selected Industrial Sectors

Assessment of Legal Rights of Workers in Bangladesh: A Study on Selected Industrial Sectors

Settlement of Workers' Rights at PT Satelit Bintang Persada Through PKPU Legal Efforts at the Medan Commercial Court

<p>Generally, if a company is no longer able to provide for the welfare of its employees, then the company experiences a financial crisis and this will result in the company's bankruptcy. Bankruptcy or bankruptcy is legal certainty received by the debtor because of the court's bankruptcy decision. The result of bankruptcy is that the debtor's assets are placed under investment so that the debtor cannot have his assets back. The problem is that this research was conducted to reveal how the rights of PT workers are resolved. Bintang Persada Satellite through legal action at the Medan District Court and how the PKPU was resolved at the Medan Commercial Court. The research method uses normative juridical research methods. The research results show that PT. Bintang Persada Satellite was found guilty and had to pay workers their rights in accordance with the provisions of article 156 of Law no. 13 of 2003 which includes severance pay, long service awards and rights assignment money. Meanwhile, in the case of delayed debt payment obligations (PKPU) which occurred at PT. Bintang Persada Satellite where the company is deemed incapable and is no longer actively running its busines.</p>

Профсоюзы: от насильственного социального протеста к мирным акциям

The article discusses the evolution of the activity of trade unions, which is manifested in their desire to give the protest movement not a spontaneous and often destructive character, but to see a peaceful and creative meaning in the expression of the demands of workers, to form not only among their members, but also in society a kind of culture of social protest . This explains the understanding by the authorities of the need to legalize the activities of trade unions. It is also shown that trade unions are assisted in the formation of such a culture of social protest by authoritative international organizations, in particular, the ILO and the UN, and the very activity of trade unions is based on the rights of workers enshrined in the International Bill of Human Rights.

THE GOVERNMENT’S ROLE IN PROTECTING INDONESIAN MIGRANT WORKERS IN SAUDI ARABIA DURING THE JOKO WIDODO ADMINISTRASION

Saudi Arabia is one of the largest destination countries for Indonesian immigrant workers, where the majority are women. Unfortunately, most of them are also victims of physical torture, sexual violence and rational discrimination. This resulted in many cases emerging as a result of this torture. However, the policies during the Jokowi era are considered quite progressive compared to the policies for protecting migrant workers during the Susilo Bambang Yudhoyono (SBY) period with the presence of special laws, not just Presidential Regulations as were issued during the SBY era. How and why the government plays such a significant role is the main study in this research. This research uses a qualitative approach with a library study type of research. The results found were that the government during Jokowi's leadership played a big role in protecting the rights of Indonesian migrant workers, especially in Saudi Arabia. This role is reflected in the government's responsibility in various policies which make Jokowi's policies considered pro People Diplomacy. Through the 2015-2019 Medium Term Development Plan, for example and supported by Nawa Cita, during the Jokowi government, Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers was issued as the highest legal umbrella which was then also followed by other policies such as bilateral cooperation and placement systems. channel (SPSK) or One Channel System. The Jokowi government's policy is based on two reasons. First, the fact that immigrant workers in Saudi Arabia contribute the largest remittance of all migrant workers in various countries, beating Malaysia (Kompas, 2023). Second, migrant workers are a potential profession to meet Indonesia's demographic bonus target in the future. Therefore, this research sees that the government's role in protecting migrant workers has been very good during the Jokowi administration. It's just that the issue of Indonesian migrant workers requires commitment from other actors who also play a very important role, such as distribution companies or providers of migrant workers.

Migrant sexual precarity through the lens of workplace litigation

AbstractTheories of precarity have emphasized workplace isolation, worker vulnerability and a lack of control over key features of work. Migration status has been viewed as an attribute that can exacerbate worker precarity, and sexual violence and bodily injury are viewed by feminist scholars including Violence Against Women scholars as sources of such precarity as well. Nevertheless, how the interaction of workplace conditions, migration status, gender and sexual violence impact migrants needs more attention. A new evidence base, the Migrant Worker Rights Database, explores workplace violations against migrants in 907 tribunal and court cases brought by migrants in Australia, Canada, the United Kingdom, and the United States over a 20‐year period. The data collected for this project demonstrates that female migrants experience higher rates of sexual harassment, sexual assault, sexual servitude, and sex trafficking when compared with men. Further, while such collectively termed “sexual violence” offenses comprise a small percentage of cases in the Database (1.3%), they are characterized qualitatively by key features that present a heightened form of sexual precarity when compared with citizens: misuse by employers of visa conditions, debt bondage, live‐in arrangements, entrapment and slavery, and the combination of sexual violence with economic infringements such as wage theft and physical assault. Sexual precarity, this paper argues, should be viewed as an overlapping and reinforcing form of workplace precarity that has distinctly sexual and bodily dimensions.

Labor rights of citizens as a subject of prosecutorial supervision: a historical excursion

The article discusses current issues of the genesis of prosecutorial supervision over the observance of labor rights of citizens in the world in general and in Russia in particular until the twentieth century. The purpose of the work is to understand the stages and determinants of the development of this method of protecting the labor rights of citizens. As a result, the author comes to the conclusion that there is a dependence of the forms and methods of protecting the rights of workers by the prosecutor on the development of the legal understanding of the employee’s labor status and changes in the regulation of the activities of the prosecutor’s office, related both to the establishment of the place of the prosecutor’s office in the system of protection of labor rights and to changes in procedural legislation in the specified area. The results of the work are of scientific importance because they allow us to streamline knowledge about the application of state legal measures to protect the rights of workers, and are also significant for the development in the future of a system for effective protection of the labor rights of citizens by government agencies.

Platform work and traditional employee protection: The need for alternative legal approaches

Paid work via digital platforms (so-called crowd work and gig work) is gaining in importance in Europe. Platform workers often suffer poor working conditions. Most platform companies treat crowd and gig workers as self-employed or independent contractors and, thus, normally protective labour laws do not apply. In response, initiatives have been taken through case law and legislation to extend the reach of the traditional employmentship to platform work. For example, the German Federal Labour Court ( Bundesarbeitsgericht) reclassified and treated platform workers as employees in high-profile rulings, which are discussed in more detail below. The recently adopted EU Directive on Platform Work enshrines a legal presumption of employment for platform workers. Regulations have also recently been introduced in EU Member States that subsume platform workers under the concept of employee. However, as argued in this article, legal and judicial initiatives aimed at extending the employee status often have limits given the market dynamics and de facto adaptation and circumvention strategies used by platform businesses. Moreover, traditional labour law protection does not always seem to be suitable for tackling the complexities and peculiarities of the various types of platforms. The following theses therefore seem worth discussing: 1. Extending employee status to platform work appears promising if this is already anchored in the socio-economic reality and if a consensus can be reached between the social partners in this regard. An existing example is the Spanish riders’ law, which pursues a sectoral approach and was supported not only by trade union organisations but also by employers’ associations. 2. In addition, the creation of a substantial core of social rights for platform workers, irrespective of employment status, should be strongly focused and legally brought forward. The long-standing scholarly discussion about alternative regulatory approaches to forms of work in the legal grey area between dependent employment and self-employment should be revived and made fruitful for the new phenomenon of digital work platforms. 3. Thirdly, self-regulatory Corporate Social Responsibility (CSR) initiatives by platform companies to improve working conditions should be encouraged by legislators and policymakers. As will be shown later in this article, a wide range of CSR efforts by the platforms already exist. In order to counter the risk of window dressing, the platform business operators’ own initiatives should be made effective through appropriate flanking legal measures and public pressure.

Gendered Migration in India: Exploring the Challenges and Human Rights Issues Faced by Female Migrant Workers in Perumbavoor, Ernakulam District, Kerala

Most studies on inter-state migrant workers in Kerala focus on male migrants arriving in the state. Kerala began to receive migrant workers in 1950. There has been a significant shift in it since 1990. From the 1960s to the 1990s, migrant workers came to Kerala from Tamil Nadu, Andhra Pradesh, and Karnataka. During those times, women came to Kerala along with men. After the 1990s, migration from Assam, West Bengal, Bihar, Orissa, Jharkhand, and Haryana gained momentum. Many women have moved to Kerala since 2000, as opposed to male migrants from 1990 to 2000. Many human rights issues face migrant women in Kerala, including their workplaces, lifestyles, job searches, and travel. The consequences of not getting significant health interventions and being harassed at work are not well known in society. A study of migrant women begins in the public space, where they are not considered citizens but as objects of utility. My research revealed 516,000 migrant women in Kerala, based on a government document obtained through RTI. There are 25000 female migrant workers among them. It is estimated that around 34 lakh migrant workers work in Kerala, according to the Kerala Planning Board's 2021 report. Out of that, 20% of women work in many workplaces and enterprises in Kerala. According to surveys and a government assessment, Kerala's Ernakulam district has the highest concentration of migrant women workers. The female migrant workers in the Perumbavoor one of the cities of the Ernakulam district are the subject of this study. Female workers who work in plywood, bricks, baji, tailoring, pan shops, plastic manufacturing, textile manufacturing, and other industrial units are the subject of this study. Female migrant workers are personally met and interviewed during fieldwork to obtain data. For this study, qualitative ethnographic research methodology is employed. The findings of this study suggest the government's policy-making for social welfare, social security, job security, the prevention of sexual violence, and making sure that female migrants in Kerala receive equal pay for equal work. This study is being conducted with the human rights of women migrant workers in Kerala foremost in mind. Information is being directly collected from migrant women workers, labour department health department government representatives, trade union members, NGO representatives, etc.

THE INFLUENCE OF THE JOB COPYRIGHT LAW ON THE WELFARE AND RIGHTS OF WORKERS IN INDONESIA

In the context of labor regulation reform in Indonesia, the Job Creation Law emerged as a government effort to increase economic efficiency and industrial competitiveness, but received mixed responses regarding its impact on workers' welfare and rights. This research aims to critically analyze and evaluate the real influence of the implementation of the Job Creation Law on working conditions, welfare and protection of workers' rights in Indonesia. The purpose of writing this journal is to evaluate in depth the impact of the Job Creation Law on the welfare and fulfillment of workers' rights in Indonesia in the context of changing labor laws. This research method uses a descriptive qualitative approach, by collecting data through in-depth interviews, document studies, and comparative analysis of similar cases in other countries, to assess the impact of the Job Creation Law on the welfare and rights of workers in Indonesia. The main results of this research show that the Job Creation Law brought about significant changes in labor regulations in Indonesia, but its impact on workers' welfare and rights tends to vary, with some aspects seeing improvements in efficiency and flexibility, while other aspects raise concerns about worker protection and work standards. In particular, this research identifies an increase in companies' operational flexibility, but also highlights the need to strengthen worker protection mechanisms to ensure a balance between business flexibility and worker well-being. The main conclusion from this research is that the Job Creation Law has had a complex impact on the employment environment in Indonesia, where there has been increased efficiency and flexibility for employers, but has also raised challenges and the need for increased protection for workers' rights. Therefore, further policy adjustments and developments are needed to ensure a balance between economic growth and worker welfare, as well as the fulfillment of fair and sustainable work standards. effective in making decisions. Writing this journal contributes to providing an objective view and in-depth analysis of the effects of the Job Creation Law, which has the potential to guide policy makers, legal practitioners and industry players in formulating more effective and sustainable strategies to balance economic interests and workers' rights in Indonesia .

‘I can’t bear giving my baby away’: Negotiation of reproductive rights of migrant domestic workers and implications for social work

‘I can’t bear giving my baby away’: Negotiation of reproductive rights of migrant domestic workers and implications for social work

The Role of International Trade Agreements in Shaping Labor Standards and Worker Rights

Purpose: The aim of the study was to examine the role of International Trade Agreements in Shaping Labor Standards and Worker Rights Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: The study revealed that trade agreements have both positive and negative impacts on labor standards depending on the specific provisions, implementation strategies, and contextual factors. While some agreements contribute to the convergence of labor standards and promote improvements in areas such as workplace safety and environmental regulations, others may lead to downward pressure on labor standards due to intensified competition and weakened enforcement mechanisms. Unique Contribution to Theory, Practice and Policy: Neo-liberal theory, dependency theory & institutional theory may be used to anchor future studies on the international trade agreements in shaping labor standards and worker rights. Enhance the capacity of international organizations and national governments to monitor and enforce labor standards effectively within the framework of trade agreements. This includes investing in robust inspection systems, implementing transparent reporting mechanisms, and providing adequate resources for enforcement agencies. Embed comprehensive social clauses in trade agreements that prioritize the protection of labor rights and promote decent work for all. These clauses should encompass core labor standards as defined by the International Labour Organization (ILO), along with provisions for non-discrimination, gender equality, and social protection.

Implementation of the Principles of Corporate Social Responsibility in Business Contract Law to Improve Community Welfare

Abstract. Corporate Social Responsibility (CSR) is becoming increasingly important in business, emphasizing a company's responsibility to society and the environment, in addition to financial profits. In the legal context of business agreements, CSR contributes to the welfare of society, especially in the era of globalization. In Indonesia, the implementation of CSR in business contract law is still new and not yet fully regulated, creating challenges related to protecting community rights and the social impact of business. This research explains that business agreement law encourages CSR through legal obligations, legal certainty, and facilitating cooperation between parties. Implementation of CSR principles in business agreements includes due diligence, environmental and worker rights clauses, as well as open communication with stakeholders. This increases public trust and corporate competitiveness, and supports sustainable development goals. The application of CSR in business contract law increases access to resources, community economic empowerment, and community quality of life, as well as minimizing negative environmental impacts. Thus, CSR contributes to sustainable development and the welfare of society as a whole. Use descriptive analysis methods with literature studies and document analysis.

Collective Voice without Collective Bargaining: Pandemic Induced Wage Theft Claims and Worker Responses in Apparel Supply Chains

AbstractConcentrated corporate power and failures to manage the distribution of risk mean that workers bear the heaviest burden in globalised apparel supply chains. Law and associated normative frameworks seek to strengthen collective worker voice and other worker rights to tip the scales of unequal bargaining power to benefit the workers. However, some of the traditional tools of labour law such as unionising and collective bargaining have weakened over the years and exacerbated during the COVID-19 pandemic. Using a conceptual framework based on regulatory theory, feminist insights, and semi-autonomous social fields, this article examines the law-practice gap for regulating just wages within the apparel supply chain, responses, and how workers fight wage theft and carve out pathways to demand just wage standards. Drawing from the case of Sri Lanka, the article discusses how alternative forms of worker voice seek to fill in the implementation gaps. The findings of this study demonstrate worker initiatives to shape the regulation of just wages and how networked labour activism, especially by women workers, prompts to re-imagine structures of actor accountability on wage rights.

LEGAL PROTECTION OF THE RIGHTS OF WOMEN WORKERS

Female workers are part of the workforce who carry out work, either for themselves or working in an employment relationship or under orders from employers or other legal entities. The reasons why women enter the world of work include the increasing need and the desire to qualify themselves with the abilities they have. The problem is how the legal protection for the rights of female workers is seen from Law Number 6 of 2023 concerning Job Creation and what are the obstacles in providing legal protection for female workers. Qualitative Research Method using the Normative Juridical approach method. The results of the research are that protection for women in the Job Creation Law is not specifically detailed, but in general the Job Creation Law mentions worker protection without discrimination as stated in Article 153 which was amended from Article 153 of the Manpower Law, in relation to protection of female workers at PT. Indo Marco Logistic includes 1) Protection of Female Workers regarding Menstrual Leave 2) Protection of the Right to Pregnancy and Childbirth Leave 3) Protection of the Right to Breastfeed 4) Protection of Female Workers Overtime and Barriers in Providing Legal Protection to Female Workers including 1) salary inequality between male and female workers who have the same responsibilities and qualifications. The work performed is similar, but the wages received by female workers are lower than their male counterparts. This is a violation of basic rights that must be corrected immediately. 2) Female workers often face discrimination during pregnancy. They are given the same workload without considering their physical and emotional condition. Maternity and paternity leave policies that should provide adequate rest are often ignored. 3) Companies employ female workers late at night without paying attention to health and safety risks. Female workers who are pregnant or have just given birth are prohibited from working from 23.00 to 07.00, but this rule is often ignored.

Working Conditions, Worker Rights, and Managerial Domination During the COVID-19 Pandemic: Assessing Their Toll on Precariously Employed Workers and Family Well-Being.

Precarious Employment (PE) is characterized by job, income, and benefit insecurities. Studies surrounding PE and well-being have been predominantly quantitative, leaving a gap in rich descriptions of employment experiences. We recruited a sample of 40 adults aged 25-55 who were involved in PE during the beginning of the COVID-19 pandemic or lost employment due to the pandemic. Semi-structured interviews were administered. Employment and income insecurities were common and had negative impacts on the well-being of participants and their families. Uncertainty about future employment prospects and job and income loss resulted in chronic distress. Other insecurities-access to benefits, violation of worker rights, worker safety-was also reported as impacting well-being. The COVID-19 pandemic deepened insecurities, hardships, and distress among workers with PE conditions. Given the myriad insecurities experienced by those engaged in PE, the focus of precarious work research should also include working conditions, violation of worker rights, and managerial domination.

Foreign Workers and Human Rights Violations: Malaysia’s Response to COVID-19 and The Way Forward

Foreign workforce has significantly contributed to Malaysia’s economy, and this country has been relying on them for decades. Unfortunately, Malaysia was already entangled with the country’s treatment of foreign workers even before the onset of COVID-19. As a government suppression attempt to flatten the COVID-19 pandemic curve, Malaysian efforts to deal with the situation seem to be at the lowest point. Despite the government’s commitment not to detain them throughout the screening process, foreign workers have been held in immigration depots regardless of their legal status. In addition, the overcrowded immigration depot makes it hard to exercise physical distance, hampers the quarantine process, and unequal health care facilities in detention centres. This situation captured worldwide attention since it violated human rights legislation. The protection of workers’ rights is also in tandem with the United Declaration of Human Rights and Sustainable Development Goals 2030 (SDG) 8.8, encouraging and ensuring everyone’s right to a safe and healthy workplace is protected. This paper employed thematic analysis using ATLAS.ti 9 software to evaluate the government’s suppression efforts and human rights violations during COVID-19. The findings propose numerous suggestions, including an emergency review of the admission process for foreign workers to Malaysia. The inconsistency in the government policy had hampered the country’s mission of becoming a developed nation. It thus hindered the advancement of innovation and technology, as in the Twelfth Malaysian Plan and Sustainable Development Goals 2030.

The Dispute and Countermeasure of Workers' Off-line Right in the Digital Age

In the age of digital advancement, society has shifted to a data-centric and interconnected paradigm. This transformation has not only altered lifestyles but also impacted labor dynamics significantly. As digital tools bring convenience, they also pose challenges such as blurred work-life boundaries and prolonged working hours.This article delves into the debate surrounding offline rights of workers in the digital era and proposes effective solutions. Employing a mixed-method approach, it elucidates the essence of these rights and argues for their legal recognition. The focus is on devising a comprehensive framework that balances legal clarity, market dynamics, and worker protection.By offering innovative policy recommendations, this research addresses the pressing need to safeguard workers' offline rights. It not only provides theoretical insights but also practical guidance to promote work-life balance and sustainable digital economy development. Upholding these rights signifies a commitment to modern labor values and social equity in today's digital age.

Role of multinational buyers in ensuring worker voice through social dialogue: an exploratory study of the export oriented garment industry

Purpose This study aims to explore how multinational lead buyers can play an active role in ensuring worker voices in garment supplier factories where workers have limited space to raise their voices, and how buyers’ involvement increases the possibilities of worker voices mitigating barriers to social dialogues and enhancing mutual interests of buyers and workers in garment factories. Design/methodology/approach Using a qualitative research approach and multiple embedded case study method, this study considered buyer−supplier dyads as the unit of analysis, i.e. two multinational lead buyers and their four corresponding suppliers in the garment industry of Bangladesh. Focus group discussion and key informant in-depth interviews were techniques applied to collect factory-level data, and within and cross-case analysis techniques were applied to develop an overall understanding. Findings The results of this study reveal that the opportunities for workers to voice their concerns through social dialogue in garment supplier factories are limited due to various obstacles. Similarly, the role of multinational lead buyers in addressing these issues is found to be less than ideal. This study also shows that buyers can take short-term and long-term initiatives to ensure social dialogues. Moreover, this study presents how social dialogues can meet the expectations of multinational buyers and their garment suppliers. Research limitations/implications While this study focuses exclusively on the garment industry, similar scenarios also exist across a multitude of other industries. Thus, future research could extend this study’s scope to various sectors, providing a more comprehensive understanding of the general state of worker voices in Bangladesh. This study stands to make significant contributions to literature in the fields of global value chains, human relations and international business. It will pose critical perspectives on how upstream value chain suppliers can fortify worker rights through social dialogue, and elucidate the means and motives for lead buyers to play a more active role in this endeavour. Originality/value This study is distinct in its approach, integrating buyer−supplier roles to pave the way for enhanced worker voice opportunities through social dialogue in garment supplier factories.