Employment Rights Research Articles

Protection of labor rights of employees of international intergovernmental organizations: theory and practice

The article examines the issue of protection of labor rights of employees of international intergovernmental organizations by means of internal judicial mechanisms. It was noted that rights related to labor relations, including international civil servants, are guaranteed by the provisions of a number of international agreements in the field of human rights, in particular, the Universal Declaration of Human Rights of 1948 (Article 23), the International Covenant on Economic, Social and Cultural rights of 1966 (Art. 7-9). Institutional bodies, in particular, the United Nations Human Rights Committee, and the United Nations Committee on Economic, Social and Cultural Rights paid significant attention to them.
 It is emphasized that the protection of labor rights correlates with the right to social security and covers the right to access benefits, whether in cash or in kind, and enjoy them without discrimination in order to ensure protection.
 The practice of the Dispute Tribunal of the United Nations, the Administrative Tribunal of the International Labor Organization, the Administrative Tribunal of the Organization for Economic Cooperation and Development regarding consideration of labor disputes between the staff and the administration of the organization was studied.
 It is emphasized that the functioning of internal mechanisms and ensuring access to them is a guarantee of the protection of fundamental rights provided by international acts in the field of human rights. It is indicated that in order to establish the compliance of the internal justice systems of international intergovernmental organizations with international human rights law, the Index of Legitimacy of the Internal Justice Systems of International Organizations was created, since the internal mechanisms for resolving labor disputes may have differences due to the nature and directions of activities of an IGO, which in turn, may have an impact on compliance with the labor rights of its employees.

Problems of the transformation of labor legislation according to the conditions of the marital state in Ukraine

The main ways of adapting labor legislation in accordance with the conditions of martial law are revealed, the innovations and individual issues of changes in labor relations under the conditions of martial law in Ukraine are analyzed. Since the issue of limiting, violating and protecting the labor rights of employees, and expanding the labor rights of employers became quite relevant with the onset of martial law, the authors focused on the important provisions of the amended labor legislation and tried to explain the theoretical and practical features of the application of new labor legislation. After all, war times require the adoption of difficult and unpopular decisions in other spheres of life, in particular, in labor relations. The main aspects of the transformation of labor legislation in wartime conditions were studied, the content of the updated provisions of the legislation was revealed, namely, on the dismissal of employees, on the procedure for suspending an employment contract, registration of layoffs and vacations, on changing the terms of wages and on increasing working hours. The positive and negative aspects of changes in labor legislation at such a difficult time for Ukrainian society are analyzed. At the same time, the authors of the article revealed the mechanisms, provided by the current labor legislation, which, although aimed at maximum compliance with the rights and guarantees for employees, cannot always be fulfilled by employers in martial law conditions

Peran Organisasi-Organisasi Kemasyarakatan Islam dalam Pemberdayaan Penyandang Disabilitas di Kota Surakarta

Discriminatory behavior experienced by persons with disabilities is still often encountered, one of which is access to job opportunities. The cause of the low access to work is due to the low access to education of persons with disabilities. This study aims to describe the role of Islamic Community Organizations in Surakarta City as a strategic entity partnering the government in solving problems experienced by people with disabilities. The theory used refers to the theory of Human Rights in the Islamic concept. In essence, Islam provides equality to all people in obtaining education, employment, and other rights which are summarized in the five basic needs. This research is a non-doctrinal legal research. The data used are the results of interviews conducted with the management of NU and Muhammadiyah in the city of Surakarta. Data analysis was carried out using material logic with an inductive syllogism. The results showed that the role of Islamic organizations NU and Muhammadiyah in Surakarta in the field of education has been realized. The inclusive education program through SMA Muhammadiyah 6 Surakarta and inclusive madrasah which are currently managed by Islamic organizations are trying to improve the quality of life for people with disabilities. Another role that can be carried out is in the field of religion by providing worship facilities and developing fiqh with disabilities. In the field of economic empowerment, Islamic organizations NU and Muhammadiyah have experience in managing social funds sourced from zakat, infaq, and shodaqoh. The management of community social funds can be expanded to provide benefits for persons with disabilities in the form of working capital assistance.

Economically Dependent Standard as a Criterion of Employment Rights for Semi-Employed Workers in Poland

The current legal status protects only employees within the meaning of Art. 2 of the Labor Code, and in a small part of contractors, it contributes to the deterioration of the situation of semi-dependent/self-employed workers, resulting in effects that are entirely opposite to the intended ones, i.e., the inclusion of the axiology of the protective function into non-employee forms of work. Poland does not have its own scope of protective provisions similar to the labor code provisions that would apply to economically semi-dependent/self-employed workers. In this article, is analyzed the concept of the economically semi-dependent/self-employed as a starting point for granting them certain employment rights. Two main conclusions can be drawn: first, the economically semi-dependent self-employed is not an intermediate category between workers and the self-employed but a subcategory of the self-employed. Secondly, failure to grant them protection by Polish labor law will have a negative impact on the extension of collective rights of the self-employed.

The Protection of Intellectual Property in Relations Between Entrepreneurs

The Deputies’ bill amending the Labor Code and the Entrepreneurs’ Law provides for the extension of the legal definition of an employee to entities performing their duties personally for remuneration, permanently for the same entity, for a period of not less than 6 months. The proposed modification of the aforementioned definition will cause some changes not only in the field of regulations regarding employee rights, but also in the protection of intangible assets, such as intellectual property. In particular, the certain modifications will be visible in the way of copyright protection and fair competition between entrepreneurs. Even the inalienable nature of moral rights will not protect this sphere of the author’s rights from some transformations in the field of protection. The aim of the article is therefore to trace the current legal status, mainly based on the analysis of selected normative acts regarding labor law as well as intellectual property law and to try to answer the question of which legal status – current or postulated after the entry into force of the thematic amendment – would be more favorable in terms of protection of intangible assets that are part of the enterprise.

The impact of the abuse of administrative authority on the performance of municipal sector employees (An applied study on the employees of the Municipality of Asir region)

The study aimed to identify the impact of the abuse of administrative authority on the performance of employees in the municipal sector in the Municipality of Asir region. (SPSS), and the study population consisted of employees of the Asir Municipality Secretariat, whose number is estimated at (1900) employ , of which (249) are valid for statistical analysis, with a percentage of (77.81%) The study concluded: that the abuse of administrative authority leads to a low rate of job performance in the municipal sector, adding an Islamic dimension to administrative work, providing elements and value rules that will keep the administration away from abusing its authority. The study recommends: The administrative authority in the municipal sector should be committed to achieving the public interest, without violating the rights of employees, in line with regulations and laws, in order to avoid the suspicion of abuse of power. Holding training courses on a regular basis, which help in developing the administrative performance in the municipal sector and developing the performance of employees alike.

Mixed Methods Exploration towards a Proposed Strategic Union Management Framework for 4IR Union Effectiveness

In global contexts, labour unions play a crucial role in enhancing the employment relationship (ER) between employers and employees by negotiating and protecting employee rights and interests. Effective union strategies use the fourth industrial revolution (4IR) to advance employee development; contribute to the business; and grow themselves and economies. This article presents the results of an in-depth mixed methods research exploration of the South African information and communications technology (ICT) union-management strategy towards finding and proposing a strategic management framework for 4IR union effectiveness. There is scarce literature on the relationship between union leadership, effectiveness, limitations, strategies and 4IR integration with people, productivity and planetary advancement. In the ICT sector, which is fundamental to advancing the 4IR and growing the economy, effective labour-management strategies must defend employee interests. This empirical study adopted a three-phased sequential mixed methods research design. Phase 1 included quantitative findings (N = 314), Phase 2 qualitative findings (N = 12), while Phase 3 triangulated the findings from phases 1 and 2. Factor analysis was employed for the quantitative phase and thematic analysis for the qualitative phase. All aspects regarding ethical considerations adhered to research ethics. The Phase 3 findings revealed several common quantitative factors which were correlated with the qualitative themes. To advance in the 4IR workplace, union leaders must comply with International Labour Organisation (ILO) and national legislation; collaborate and network on effective strategies; and develop themselves, employees and societies. Theoretically, the study adds to the body of knowledge in union-management strategy in the 4IR, ICT and South Africa.

The Legal Position of the Security Unit in the Perspective of Labor Law

This study aims to examine the legal position of security guards in relation to labor law aspects. This research is a normative legal research with a concept and statutory approach. The results of the study confirm that the legal position of a security guard in employment law is that in terms of duties and authorities, a security guard actually carries out the duties of the police, but in terms of rights and obligations in general, such as those related to wages, leave, overtime and so on, they should be based on labor provisions as stipulated in the Labor Law and the Job Creation Law. Regarding the guarantee of employment rights for security guards in the perspective of labor law based on the principle of ejusdem generis in general it can be equated with rights for workers in general, such as: the right to adequate wages, the right to leave, the right to health insurance, the right to severance pay, as well as the right to legal protection. However, there are rights that need to get special arrangements related to security guards in their position as special workers such as the right to associate and assemble which need to be further regulated through government regulations and presidential regulations which contain: the position of independent security guards, especially security guards, rights and obligations, as well as efforts and legal mechanisms.
 Highlights:
 
 Dual Role: Security guards perform police duties and have labor law rights.
 Employment Rights: Guards' rights align with general workers.
 Special Regulations: Specific rights need further government regulation.
 
 Keywords: labor law, security guard, SATPAM
 
 

Implementation of international experience of legal regulation of public employees' labor rights

The paper covers analysis of the international experience of legal regulation of labor rights of public service employees. The influence of the standards of the International Labor Organization on the labor law of Ukraine has been studied. The scope of labor legislation on the regulation of state employees’ labor has been established. It has been concluded that ratification and compliance with international standards of labor organization is one of the promising areas of the country’s development and improving its international image as a democratic and socially oriented state.

Aspects Regarding Annual Leave and Weekly Rest-Basic Rights of Employees in Romania

This material proposes the description of some general aspects regarding the employees' right to vacation, but also regarding their weekly rest as the main forms of rest and aimed at restoring physical and intellectual strength. Employers have legal obligations in granting them and in case of non-compliance, the sanctioning force of the state intervenes through the control actions of the Labor Inspectorate. Data on the number of checks and sanctions applied are reproduced in the pages of this work in order to highlight the degree of compliance with labor legislation by employers.

Penerapan TOPSIS sebagai Penentu Kenaikan Gaji Karyawan di Perusahaan Alpha

Employee salary increases are common and have become a right of employees that must be fulfilled by the company if they do their job well. However, in this matter, it is not easy for companies to determine which employees will receive their salary increases. One of them is the Alpha company which has problems in determining employee salary increases which are still carried out without a calculation process so that there is a gap between employees. Therefore, an effective and fast Decision Support System is needed to determine decisions by applying the TOPSIS method as the basis for calculating the decision results. To assess this system, functional testing has been carried out on the Alpha company and obtained a result of 84.67% showing transparency in determining employee salary increases.

Impact of two-child policy on female employment and corporate performance: Empirical evidence from Chinese listed companies from 2010 to 2020

In 2013, the ‘Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Deepening the Reform’ initiated the ‘selective two-child policy’, which allowed married couples to have two children if one of the parents was a single child. In the Fifth Plenary Session of the 18th Central Committee of the Communist Party of China in 2015, a decision was made to implement the policy that a couple can have two children; in 2016, the universal two-child policy was fully implemented. This study used female employment data disclosed by Chinese listed companies from 2010 to 2020, constructed a two-way fixed-effect model of time and industry, and empirically tested the impact of the two-child policy on female employment and corporate performance. The empirical test revealed that the higher the proportion of employed female workers, the better the firm’s performance. Expanding the scope of the two-child policy exhibited no reduction in the proportion of female employment, but weakened the positive effect of hiring female employees on corporate performance. Specifically, we found that firms with higher rates of female employment exhibit lower costs, and this low-cost effect disappears with the expansion of the scope of the second-child policy. This indicates that the economic benefits of female employment for firms result from wage discrimination. This study provides a theoretical and practical basis for safeguarding women’s reproductive and fair employment rights and promoting sustainable social development.

Perlindungan dan Pemenuhan Hak Asasi Manusia Bagi Pekerja Migran Indonesia di Luar Negeri

Human rights are natural that have been attached to individuals since birth and given directly by God Almighty and as a gift, who has the right to education, health rights, employment rights, and so on. As is known, the dense population of Indonesia, increasing competition, and narrow employment and income are not as expected in addition to the growing daily needs of living, encouraging people to prefer to work abroad commonly referred to as Indonesian Migrant Workers (PMI). The number of cases against Indonesian citizens working abroad who experience various kinds of discriminatory actions. The participation of the state is inseparable from its responsibility to keep protecting its citizens, especially through the government. Monitoring and monitoring (monitoring system) is an action that needs to be appreciated as a form of state concern for its citizens working abroad as Indonesian migrant workers. However, the implementation in practice is not so felt by Indonesian migrant workers. It is this weakness in the system that underlies the author discussing it more deeply. The author uses descriptive qualitative methods by analyzing various mass media platforms to draw on some of the problems that occur in Indonesian migrant workers and associate the causes with rules or legal norms both nationally and internationally (Convention). The results of this study found that on issues related to supervision or monitoring of migrant workers have not been optimal in practice lack of coordination between Indonesian migrant workers and stakeholders both in the destination country as a representative institution, namely the Embassy of the Republic of Indonesia and the Republic of Indonesia.

Labor relations during martial law

In the section on labor law, the labor rights of employees and employers, which are understood due to the introduction of martial law on the entire territory of Ukraine, are highlighted. It is emphasized that labor law is a social law, the primary task of which is to balance the interests of employees, employers and the state. Attention is drawn to new legal constructions of dismissal of an employee, changes in essential working conditions, new grounds for terminating an employment contract at the initiative of the employer are outlined, in particular: the employer is given the right to terminate the employment contract at his initiative in the event of an employee's absence from work and information about the reasons for such absence for more than four months, as well as in the event that it is impossible to provide the employee with working conditions, due to the fact that the production, organizational, technical capacities, means of production, or the property of the owner or the body authorized by him, necessary for the performance of the work by the specified employee, were destroyed as a result of hostilities; the procedure for suspending the employment contract is specified; for the period of martial law, certain restrictions provided by the legislation in the field of corruption prevention regarding employment in other paid or entrepreneurial activities are canceled; issues of organization of personnel records and archival storage of personnel documents at the employer, etc. are clarified. The theoretical research is conducted taking into account the optimization of labor legislation, that is, finding the best option, finding the optimal model of legal regulation of labor relations taking into account the martial law and adapting labor legislation to the standards of the European Union. It is emphasized that the optimization of labor legislation made it possible to significantly organize the order of interaction between the employee and the employer in the conditions of martial law, to eliminate the potential occurrence of labor disputes in connection with the existing legislative gaps in the regulation of labor relations, and ensured the appropriate level of flexibility of labor relations, which employers need in the conditions martial law.

LABOR PROTECTION IN DIFFERENT FORMS OF EMPLOYMENT

Problem statement. The transition to a market economy in Ukraine and the formation of production relations on the basis of private property have led to a qualitative change in the essence of wage labor. Employers, wanting to make more profit from their activities, reduce health and safety expenditure and avoid the requirements of labor rights legislation, so the issue of safe and proper working conditions is gaining more and more importance every year. The purpose of the article. Based on the legislative and regulatory framework in Ukraine, make an analysis of the provision of labor protection in different forms of employment. Research results. Existing forms of employment and their legal framework are considered. The parties and the subject of the contract are identified. A comparison for the terms of labor protection, namely, the creation of working conditions in accordance with regulatory and legal acts, ensuring compliance with the requirements of legislation regarding the rights of employees and their social guarantees. The form and conditions under which involvement in increased hazardous works is a violation of the law are indicated. Object of study. Requirements for compliance with labor protection and the responsibility of the parties regarding the safety of work under various forms of employment. Subject of study. Regulatory and legal framework of Ukraine. Research methods. Analysis and generalization of data during the study of literary sources, methods of empirical research − when comparing and comparing different forms of employment. Practical value. Regulation of employee safety, reduction of injuries, improvement of the position for the employee and the company, in accordance with the legislation of Ukraine on labor under the conditions of his faithful involvement in work. Personal responsible attitude to one's work and protection from industrial risks.

Business ethics in the era of COVID 19: How to protect jobs and employment rights through innovation

The pandemic situation generated by the novel coronavirus virus (COVID-19) created several moral and economic dilemmas. While trying to save many local and world economies, entrepreneurs, leaders, and policymakers faced the challenges of managing the resultant economic and financial disruptions and risks coupled with the moral obligation to observe business ethics. This research is based on a documental collection, revision, and analysis of relevant and emerging literature to catch the best practices and experiences adopted by various governments and businesses, especially in western countries, to protect the jobs and employment rights of workers. Among other things, this study urges social policymakers to adopt innovative mechanisms and programs to not only protect the rights of employees but also help maintain jobs during pandemic situations and economic crises The research suggests that adhering to business ethics will enhance the use of technology and boost the sense of innovation and creativity of both employees and their organizations. The importance of the collaboration between public Administrators, policymakers, entrepreneurs, and employees to maintain the fundamentals of business ethics and protect employees’ rights is adjudged to be critical to a speedy recovery from the losses and disruptions caused by the pandemic.

A LOSS OF TRUST AS THE LEGAL GROUND FOR DISMISSAL OF AN EMPLOYEE (BASED ON SEVERAL COURT DECISIONS)

In view of the fact that the employment relationships have been getting diverse and complex respective legal regulations are being required. The latest amendments to the Georgian Labor Code, which have implemented European regulations into Georgian legislation, considered several issues regarding the respective protection of employee's and employer's rights. One of the most significant and problematic issues in labor relations is related to the termination of the labor contract and its legal grounds. The article deals with the issue of labor contract termination when the legal ground of dismissal is the employer’s loss of trust in the employee. The loss of trust might be the result of the gross violation by an employee of his/her obligations; the violation by an employee of his/her obligations, if any of the disciplinary steps have already been taken against the employee during the last year; or other objective circumstances justifying the termination of an employment agreement. The article provides an overview of decisions rendered by the Supreme Court of Georgia. Moreover, it underlines, the role of trust in labor relationships and its role while termination of the labor contract. As a consequence of the analysis of the decisions, the following conclusion is outlined: in order to state that the employer had lost trust the employee, therefore had the right to dismiss the employee the respective court order in the criminal case against the employee should have existed.

The nature of employment contracts and the kind of benefits that are enjoyed by security guards from Samburu community working in Nairobi

This study established the nature of employment contracts and the kind of benefits that are enjoyed by security guards from the Samburu community working in Nairobi. The study adopted a survey design, and data was collected through questionnaires, which were applied to 200 security guards who had been randomly selected from 5 administrative clusters in Nairobi. The findings indicated that security guards were not properly contracted with the right documentation, did not enjoy social security benefits, lacked information about trade unions, and were not enjoying their right to collective bargaining. The study focused on particular employee welfare issues to determine the extent to which their rights were granted. The issues were job contraction and employment benefits, as well as employee exposure to knowledge about trade unions. In examining these issues, the study looked at the following indicators, which provided evidence for granting or non-granting of employee rights: shelter, diet and investments made by the employees; existence of job contracts, insurance cover, retirement benefit plan and health cover as well as membership to a trade union. It recommended that the Government of Kenya should enforce a proper job contraction for security guards, as well as have them accorded all the employment benefits stipulated by labour laws; the trade union movement in Kenya should reach out to security guards; and that the parliament should come up with legislation which will prohibit engagement of security guards outside the employment of duly registered security companies.

In sickness and in health

Employee sickness and ill health are a cause for concern among employers. While there is a need to manage employee absences due to sickness in the labour market, it is essential that clinics are made aware of employee rights, says Adam Bernstein, in collaboration with Mark Stevens and Arwen Makin

Pemenuhan Hak Memperoleh Pekerjaan Bagi Penyandang Disabilitas Berdasarkan Undang-Undang Nomor 8 Tahun 2016 Tentang Penyandang Disabilitas

Human Rights (HAM) is a gift from God to his creatur human rights should not be kept away or separated from the personal existence of the individual or human being. Protection of persons with disabilities has 22 (twenty two) rights. This arrangement is regulated through Article 5 regarding an elaboration of the rights that will be received for individuals with disabilities in carrying out the nature of their lives until they die. Persons with disabilities also have the right to work and get rewarded for their hard work and of course it has been regulated through the written constitution of the Republic of Indonesia. Without realizing it in almost all areas of life, people with disabilities are still discriminated against. There is even an assumption from some people that the affairs of people with disabilities are solely the business of the Social Service or the Ministry of Social Affairs. The research method uses normative juridical (empirical legal research) with a statutory approach (statue approach) and an analytical approach (conceptual approach). First, The fulfillment of employment opportunities for people with disabilities shows that there is still a shortage due to the need for job providers, the quality of people with disabilities, and their still being selective in every job field on a micro basis. The city of Padang related to employment rights for persons with disabilities continues to strive to fulfill their work rights. Third, In the legal construction of regulating employment rights for Persons with Disabilities, there must be a balance towards optimizing work through personnel from persons with disabilities. So that the fulfillment of the law both das sollen and das sein is accommodated appropriately