Labor Rights Research Articles

MISKLASIFIKASI HUBUNGAN KERJA PENGEMUDI OJEK ONLINE (PLATFORM WORKER) DI INDONESIA

Technological developments through digital platforms have created a new work ecosystem, allowing platform workers, such as online motorcycle drivers in Indonesia, to affiliate with various companies to provide transportation services. However, despite these advances, online riders have not received adequate rights protection as ‘workers’ because their status is limited to ‘partners’ (independent contractors) under the Partnership Agreement they sign. This article uses a normative approach to examine how legal developments in Indonesia can classify and protect online riders as workers under employment laws. A comparative approach is employed, referencing policies in Europe, particularly Spain and the European Union, which have been more progressive in interpreting employment relationships for platform workers. The research finds that legal reforms in Indonesia still inadequately protect online riders’ labor rights due to narrow interpretations of employment relationships that fail to keep pace with current developments.

PROTECTION OF CONSTITUTIONAL FREEDOM OF LABOR BY THE NORMS OF CRIMINAL LAW

The article is devoted to ensuring the freedom of labor of citizens enshrined in the Constitution of the Russian Federation by prohibiting discrimination in hiring and dismissal, using pregnant women, women with a child under three years of age, and persons who have reached the pre-retirement age as an example. The problem is examined from the point of view of the effectiveness of the application of articles 144.1 and 145 of the Criminal Code of the Russian Federation in relation to article 136 of the Criminal Code of the Russian Federation, which regulates the prohibition of discrimination against citizens. It is established that articles 144.1 and 145 of the Criminal Code of the Russian Federation have different labor law and historical-legal grounds. If the protection of the freedom of labor of pregnant women and women with children during their hiring and dismissal is confirmed by appropriate restrictions in labor legislation and has historical background, then criminal liability for discrimination against persons of pre-retirement age has neither historical-legal nor special labor-legal grounds. The author supports the opinion of a number of authors who believe that criminal legal protection should be equally focused on all categories of workers. The opinion is expressed that it is necessary to build a holistic state policy of countering discrimination against citizens regardless of the criterion of equality. For this purpose, it is necessary to abandon the practice of including in the Criminal Code of the RF new corpus delicti aimed at protecting the labor rights of certain categories of workers, and to give Article 136 more importance in law enforcement activities.

Embodying global gender norms: A decolonial and diasporic reading of domestic workers' activism in Brazil

The article offers a decolonial and diasporic reading of global gender norms as sites of power where nested hierarchies – of gender, race, class, among others – are constantly being contested, refused, and negotiated by and within bodies that resist. It departs from a Latin American/Ladin Amefrican perspective, which assumes an alternative genealogy of human rights that begins with the embodied experience and struggles of people, instead of assuming the existence of an international normative framework. It looks particularly at the struggle of domestic workers for labor rights in Brazil as a case of embodied human rights activism. By evidencing their agency in the formulation of global and local norms, the article claims that domestic workers' struggles were central not only for negotiating, disrupting and (re)creating spaces of power and agenda-setting, but also for confronting the structures of coloniality that sustain the modern matrix of power.

Legal Regulations for Anticipating Artificial Intelligence-Based Workers through Institutional Transformation of Job Training and the Human Resources Revolution

The rapid development of artificial intelligence (AI) technology has brought great changes to the lives of mankind. The emergence of AI as part of the rapid evolution of digitas technology has led to major changes in the world's lives. This research examines the impact of AI digitalization on Indonesia's workforce and the role of regulation in mitigating negative impacts. It emphasizes the need for holistic evaluation of labor law and modernization of professional job training programs. The research results show that the use of AI in Indonesia is increasing in various sectors, including the employment sector. Moreover, data privacy protection is still inadequate to ensure data protection and privacy of AI technology users. Therefore, it is necessary to update and add regulations that regulate comprehensively, covering data protection, algorithm transparency, occupational safety and health, elimination and specific retraining related to AI, and labor rights relevant to technological developments. It is also necessary to implement new regulations that provide legal protection for the application of AI can minimize the occurrence of cybercrimes on customer data.

Legal protection of labor rights in the context of sustainable development

Legal protection of labor rights in the context of sustainable development

Legal guarantees of the realization of the labor rights of the employee in the conditions of martial law in Ukraine

Legal guarantees of the realization of the labor rights of the employee in the conditions of martial law in Ukraine

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.

The Role Of Trade Unions In Health Protection And Provision Of Safe Working Conditions For Medical Workers Part 2. Health care Workers' Trade Union Activities

Introduction. Healthcare workers are an important part of national healthcare systems ensuring its sustainability. Thus, it is necessary to introduce state mechanisms aimed at protecting their health and ensuring safe working conditions. Moreover, protection of rights and interests of healthcare workers is a matter of social justice. International and national public organizations and especially trade unions of healthcare workers play an important role in dealing with these issues. The purpose of the study is to consider examples of trade union activities on health protection and provision of safe working conditions in a number of countries upon the data on health issues that experience medical specialists as well as factors influencing these issues. Materials and methods. A content analysis of the official Internet pages of trade union organizations and their reporting documents for 2015-2024 was performed. Also, such methods as analysis, synthesis, secondary analysis and systematization of data were used. Results. Around the world, healthcare workers face occupational risks of infectious diseases, and are constantly exposed to various types of biological and non-biological hazards due to their working conditions, which are considered unsafe. Even cases of ill-treatment, threats, attacks or insults during the performance of professional duties are documented. Therefore, protection of health and safety of medical professionals, as well as their social and labor rights and interests is one of the main areas of trade unions as public organizations created on the initiative of healthcare workers.

ЗАБЕЗПЕЧЕННЯ ТРУДОВИХ ПРАВ ПРАЦІВНИКІВ У ПЕРІОД ДІЇ ПРАВОВОГО РЕЖИМУ ВОЄННОГО СТАНУ

The article analyzes the characteristics of ensuring the rights of employees during the period of the legal regime of martial law. It has been established that the system of guarantees for ensuring the rights of employees and citizens in the conditions of the legal regime of martial law has undergone changes in relation to a set of objective and subjective factors, which are aimed at the practical implementation of universally recognized labor rights, respectively. Attention is drawn to the fact that the current legislation of Ukraine provides for a general procedure for ensuring the labor rights of employees during the period of the legal regime of martial law. Special regulations regarding the provision of labor rights refer to labor obligation as a type of short-term labor obligation. It is noted that the normative predictability of the guarantee of the rights of persons involved in compulsory labor testifies to the consideration of the interests and rights of the person both during the period of the legal regime of martial law and after its termination, an argument in favor of the stated thesis will be the existing normatively detailed procedure for involvement in labor duty at the level of a sub-legal normative act. The signs of a special labor obligation in the form of labor obligation are singled out, namely: 1) expression through the use of socially useful works, which must be performed within the framework of the introduced labor obligation; 2) initiation by military command and/or military administrations (if they are formed) through the adoption of a decision in the form of an act of the relevant military administration or military command; 3) the decision on labor obligation must include mandatory components; 4) the acquisition of a special labor obligation is associated with the absence of an opportunity for an able-bodied person to be drafted for military service, who, due to age and health, has no restrictions to work under martial law; 5) will not apply to the legally defined categories of able-bodied persons; 6) confirmation of a specific employment obligation for a specific person is reflected in a fixed-term employment contract; 7) the person to whom the labor obligation has been applied for the duration of the work is guaranteed to retain the previous place of work (position), etc. Key words: labor rights, legal regime, limitations of labor rights, labor contract, labor obligation.

Labour market institutions for immigrants: The case of high‐wage migrant workers in Indonesia

AbstractThis paper presents a novel ‘legal process’ analysis to examine labour market institutions' role in addressing violations of migrants' labour rights in Indonesia. Examining 92 labour disputes and conducting qualitative interviews with stakeholders, the study explores Indonesia's primary labour market institutions' effectiveness in safeguarding migrants' rights. Systemic shortcomings within Indonesia's labour market institutions are revealed, indicating their limited capacity to protect migrants' labour rights effectively. Qualitative interviews provide insights into various foci and disconnects contributing to institutional failures. Calling attention to the role of the state, this study identifies ‘institutional fixes’ that facilitate migrant rights protection, such as the assistance provided by private lawyers. It argues for shifting focus from ‘migrant exceptionalism’ to acknowledging migrants' experiences within labour market institutions as workers. This study contributes to understanding migrant labour governance in Indonesia, emphasizing the need to address institutional failures and advocate for comprehensive reforms to protect migrants' rights effectively.

Can digital financial inclusion help reduce migrant workers' overwork? Evidence from China.

Migrant workers in China are migrants from the rural to the urban areas who usually work in the cities and return to the countryside after a certain period. Due to China's strict household registration system, they differ significantly from urban residents' access to public services. However, at the same time, China's workers are facing a severe phenomenon of overwork, and the group of migrant workers is even more hard-hit by overwork, which will cause various adverse effects on workers and society and should attract the attention of all sectors of society. This paper focuses on the impact of digital financial inclusion on the overwork of migrant workers. This study considered cross-sectional data containing 98,047 samples based on the 2017 China Migrants Dynamic Survey 2017 (CMDS) and China Municipal Statistical Yearbook after robustness tests and heterogeneity analysis using probit models. (1) digital financial inclusion can effectively alleviate overwork among migrant workers; (2) the impact of digital finance on overwork is more significant for the new generation, digitized industries, and self-employed migrant workers; it is also more significant for the South, East, and small and medium-sized cities than for the North, the Midwest, and large cities; (3) job quality and income are crucial factors in how digital financial inclusion affects overwork among migrant workers. Digital financial inclusion can improve the quality of employment for migrant workers and alleviate overwork. However, the income substitution effect partially reduces the inhibitory impact of digital financial inclusion on overwork. Continuously promote the development of digital inclusive finance, improve laws and regulations, and protect the labor rights and interests of migrant workers. At the same time, vocational training and skills upgrading for rural migrant workers should be strengthened to improve the quality of their employment so that they can leave the secondary labor market and enter the primary labor market.

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.

Sustainability performance of enhanced weathering across countries: A triple bottom line approach

Enhanced weathering (EW) is a promising negative emission technology involving the application of crushed silicate rocks to croplands for carbon capture. There is limited research about the broad sustainability impacts in rolling out this intervention on a large scale. This research assesses the triple bottom line sustainability of EW in eight top-emitting countries using an extended input-output model. Results indicate that overall sustainability performance of EW is influenced by each country's environmental and social metrics than the economic. Compared to developed countries (UK, France, Germany, USA), emerging economies (Brazil, Russia, India, China) show relatively lower economic sustainability due to high working hours impact but benefit from higher socio-economic contributions. Improving practices, particularly reducing emissions, energy use, labour rights and health and safety risk for silicate rock production, is vital for better sustainability outcomes.

Constitucionalismo de exceção, pós-democracia e o julgamento da reforma trabalhista pelo Supremo Tribunal Federal – STF

This paper will analyze the judgment of Direct Actions of Unconstitutionality ADI 5685, ADI 5938 and ADI 5794 by the Supreme Federal Court, with the objective of verifying whether the Judiciary has echoed the discourse of the economic-financial crisis and legitimately ratified the exceptional measures of austerity , with a cut in labor matters. The epistemological scientific orientation of the papper is the Ecology of Knowledge. For which it will combine resources from the French Discourse Analysis, from Bakhtin’s Marxist philosophy of language, to contributions from the Sociology of Law and the Sociology of Absences. Our research hypothesis is that such judicial decisions, permeated by the austerity discourse, are constituted as Exceptional Constitutionalism and produce the absence of labor rights. As well as the ontological degradation of its holders, the functional de-differentiation of Law and its ethical delegitimation. Such judicial decisions and the Constitutionalism of Exception are a symptom of a scenario of exception and post-democracy generated by neoliberalism. Documentary and bibliographic research techniques will be necessary.

THE STRUGGLE FOR A NEW AMERICA

A special resolution had the president of the Confederation of Latin American Workers (CTAL), Vicente Lombardo Toledano, travelling all around the continent in the months following the confederation’s First General Congress. The trip was planned to be between August and December of 1942 and included 12 countries; it was an opportunity to consolidate the continental unionism organized around CTAL. During the trip there were acknowledgements, workers’ renewed expectations that they would indeed achieve labour rights, as well as conflicts due to CTAL’s political, union and strategic influence. The popular workers’ unity, the opposition to “nazi-fascism” and the desire for a better future for the continent were all part of the scope of the trip.

Role of participation committee in developing workplace condition, safety and welfare services in Ready-Made Garment Industry of Bangladesh

An abstract is a summary of entire paper should be written in Cambria with font size- 10. The Ready-Made Garment (RMG) industry in Bangladesh plays a crucial role in the country's economy. Nonetheless, it frequently encounters challenges concerning workplace conditions, safety standards, and welfare services. This study investigates the participation committee's (PC) role in ensuring sustainable working conditions, workplace safety, and welfare within Bangladesh's RMG industry. Employing a qualitative research approach, the study conducted interviews with 30 respondents using semi-structured questions and employed a convenient sampling technique to select participants. The findings reveal that the participation committee has notably enhanced workplace safety in the RMG industry. Through active involvement, the committee has fostered improved communication between management and employees, leading to better working conditions, the eradication of labor rights neglect, and strengthened enforcement of national employment and labor regulations. The paper concludes by stressing the necessity for collaborative efforts involving stakeholders at various levels to consistently enhance workplace conditions, safety standards, and welfare services in Bangladesh's Ready-Made Garment industry. Originality in a study on participation committees in Bangladesh's ready-to-garment industry lies in presenting innovative approaches, methods, or insights, addressing literature gaps, or exploring uncharted territories, thus enhancing welfare services and workplace health and safety.

Legal problems of youth employment in areas with special climatic conditions

The welfare State should ensure the protection of the labor rights of workers, and above all young professionals engaged in labor activities in the Far North and equivalent areas. The employee's confidence in the future, in a decent existence during and after the end of employment, directly affects the choice of place of work and place of residence, the expansion of legal opportunities and amendments to the legislative regulation of employment and employment of young people will allow, using both economic and legal instruments, to solve this important state task, which will lead to ultimately, the economic well-being of Russia. The article examines the legal problems of youth employment and labor activity in areas with special climatic conditions,and suggests legislative ways to solve them.

The Directive (EU) 2022/2041 on adequate minimum wages in the European Union: Much ado about nothing in Sweden?

The EU Directive 2022/2041 on adequate minimum wages has been welcomed by many stakeholders, but Sweden (together with Denmark), with its historically good track record regarding labour rights, is opposing it on both political and legal grounds. The Directive, the Swedish Government argues, will not fulfil its goals, and concerns, in any instance, matters that are excluded from the competence of the EU. This article describes and analyses the implementation measures in a system whose wage-setting mechanism – at least according to its own opinion – needs no support, and in which legal and political objections have been raised against the Directive.

Do financial crises moderate the influence of stakeholder rights protection on M&A activity: The influence of institutional logics and power?

AbstractResearch SummaryM&A represents a contested process of change in control influenced by two contending prevailing institutional logics: shareholder‐centered and labor‐oriented. These logics, whose respective power is influenced by national laws, shape mergers and acquisition (M&A) outcomes. Crises, like systemic financial crises, are periods during which these logics may be altered. This research examines how financial crises affect the positive (negative) relationship between the legal protection of shareholder (labor) rights and M&A activity in a country. Utilizing a dataset from financial services companies across 35 countries from 1990 to 2016, we find that financial crises significantly weaken the effects of both shareholder and labor rights on M&A transactions. Our findings emphasize the role of power dynamics amidst conflicting institutional logics in determining M&A outcomes during both crisis and non‐crisis periods.Managerial SummaryIn the world of mergers and acquisitions, the battle for control is influenced by two major opposing forces: shareholders and employees, with their power rooted in the country's laws. Countries with high protection of shareholder rights witness higher M&A activity compared to those more protective of labor rights. However, drawing from data covering financial services firms in 35 countries from 1990 to 2016, we discovered that financial crises tend to weaken the influence of both shareholder and employee rights on M&A deals. This insight highlights the importance of understanding the differences in the functioning of the M&A market across countries and the shifting power dynamics between shareholders and employees, especially in times of financial uncertainty, for those involved in planning and executing M&A strategies.

On the Necessity to Transform the BRICS Trade Union Forum

The article is devoted to topical issues of improving the activities of the BRICS Trade Union Forum, which is especially important from the point of view of expanding this international organization and the need to optimize supranational social partnership in terms of deepening the trend of international regionalization. The existing problems of the trade union movement at the BRICS level are generated by the presence of various models of employee representation in labor relations in the BRICS countries and the absence of an international legal act on the principles of organization and functioning of trade unions in the BRICS countries. The solution to the problems is seen in the need to transform the format of the BRICS Trade Union Forum, its name, as well as to develop common approaches to the trade union movement, which, of course, will contribute to optimizing the legal regulation of the protection of workers’ labor rights in the BRICS countries.