Social Rights Of Workers Research Articles

Social dialogue as a contractual tool for regulating the right to work

The essence of social dialogue as a legal phenomenon has been analysed, with one of its main objectives being the implementation of contractual legal regulation of labour and social rights through reconciliation and compromises. Attention is drawn to international interest in the application of social dialogue procedures within the legal mechanism for ensuring the labour and social rights of workers. Focus is given to the form of social dialogue involving collective bargaining for the conclusion of collective agreements and contracts. The study provides a detailed analysis of certain conclusions made by the European Committee of Social Rights regarding reports from the member states of the European Social Charter (revised) on the compliance of their national legislation with the provisions of this Charter. Certain aspects of the implementation of the right to collective bargaining, enshrined in Article 6 §2 of this international treaty, are highlighted. Attention is drawn to the fact that if an industry agreement includes provisions allowing for the non-application of some of its clauses - thereby initiating a mechanism that restricts the right to work for individuals covered by this agreement or complicates the procedures for exercising the right to work - clear contractual legal conditions for applying these norms must be established. The parties to the industry agreement must define the conditions and procedures under which such a non-application clause may be invoked. The article examines the limitations of this right within the context of wage regulation. It is noted that if a collective agreement or contract has been duly concluded by the subjects of contractual regulation, any unilateral interference with its provisions can only be justified by the need to protect the rights of other workers or safeguard public interests, national security, public health, etc. The importance of improving collective contractual regulation of labour relations through mechanisms of social dialogue is emphasized, as the anticipated reform of labour legislation foresees an expansion of labour and social rights, which will need to be defined in collective agreements and contracts. The issue of the representativeness of the parties involved in social dialogue is addressed through an analysis of innovations in Ukrainian labour legislation.

Кодифікація національного трудового законодавства в контексті європейської інтеграції

The article defines the content of the principles, tasks and features of the codification of national labor legislation to international legal standards in the context of European integration. It was found that the main principles of the European social model and directions of social policy are enshrined in the main documents of the Council of Europe: the Convention for the Protection of Human Rights and Fundamental Freedoms, the European Social Charter (revised), as well as in the documents of the European Union: the Treaty on European Union, the Charter Communities on the basic social rights of workers, the Charter of Basic Rights of the EU, EU directives, regulations. It has been objectified that the issue of taking into account international experience regarding the codification of labor legislation involves: 1) taking into account the international experience of legal regulation in the part of provisions regulating anti-discrimination policy regarding the expansion of the list of discriminatory actions and factors; 2) enshrining in the ILO Charter the authority of the Committee of Experts, including the function of interpreting international labor standards, to oblige member states to change national legislation; 3) strengthening information interaction, reducing the number of legislative acts, strengthening responsibility in the field of labor protection; 4) creation of a center for labor migration and expansion of the rights of labor migrants in Ukraine, in particular in terms of their social security; 5) mechanisms for raising the minimum wage should be correlated with changes in the «consumer basket». It has been proven that the legal basis of the codification of the labor legislation of Ukraine cannot be constructed without taking into account and comprehensively covering the international legal norms that regulate the issues of labor migration, discrimination, occupational safety and hygiene, informing employees, and paying for their work. These issues, along with establishing and guaranteeing fundamental labor rights, should become a key direction of state social policy.

ВПЛИВ ГЛОБАЛІЗАЦІЇ НА РОЗВИТОК МІЖНАРОДНИХ СОЦІАЛЬНО-ЕКОНОМІЧНИХ ПРОЦЕСІВ

Based on the results of the research, an analysis of the essence of the development of globalization processes in the context of their socio-economic, political, ecological and cultural manifestations was carried out. The peculiarities and role of the functioning of global international economic institutions, in particular such as the International Monetary Fund (IMF), the World Trade Organization (WTO), are determined. The negative consequences of globalization are identified and characterized, including the increase in migration, legal and illegal, either for economic reasons or due to environmental disasters. It has been established that in the social sphere globalization has significantly affected the levels and conditions of employment and the social rights of workers. The emergence of international movements, usually called anti-globalization, uniting trade unions, environmental non-governmental organizations, political, human rights, scientific circles, women's organizations and all those interested in creating a fairer world is substantiated. In the economic sphere, globalization is associated with the development of capitalism as an economic system, often based on the belief in self-regulating markets. Globalization has fostered economic freedom and supposedly raised living standards around the world, even as the gap between the rich and the poor widens in relative terms. The implementation of tasks to prevent the impact of various types of risks caused by globalization processes requires a deep analysis of the international legal field, requirements and rules that will need to be implemented for the actual implementation of international obligations at the domestic level through the transformation of international legal norms into national laws and by-laws . In the conditions of modern global challenges for the socio-economic security of Ukraine, it is relevant to study issues aimed at forming resistance to the influence of negative factors, strengthening competitiveness at the global level in general, quick response to changes in the establishment of global norms and ensuring their compliance. The relevance of this issue is the development of high-tech spheres of activity, the creation of new technology transfer centers or institutions, the introduction of measures to simplify the control of conducting business at various levels and stimulate their continuous development in order to reduce the level of import dependence, which in turn will lead to an increase in the volume of direct foreign investments.

Implementação da Norma Regulamentadora NR-12 em uma máquina fundidora de peças de alumínio

<span class="fontstyle0">In the current political and economic environment that we live in Brazil, a conservative wave is in constant movement and has been modifying the social rights of workers, among them the risks exposed in the use of machines and equipment, guaranteed by Normative Resolution NR-12. This article aims to gather the technical methodology that aims to assist the decision making in the choice of actions for the adequacy of the NR-12 for its application in an aluminum casting machine. This work aims to assist the professional in the area of work safety engineering to have parameters of choice and application for the most diverse measures and possible actions regarding the mechanical and electrical devices to be used as protection of a small aluminum parts casting machine (machine object of study), guaranteeing the safety objectives in the operation of this equipment, based on the Literature review for the correct application of the legislation. In conclusion, the adaptations will be carried out in the equipment in a safe, dynamic and low cost way for the company and with the minimum possibility of rework, the application of the correct measurement and also the involvement of a multidisciplinary team with representatives of the maintenance, production and process.</span> <br /><br />

STANDARDS OF EMPLOYEES' RIGHT TO A PROFESSIONAL (OFFICIAL) CAREER IN THE ACTS OF THE COUNCIL OF EUROPE AND THE EUROPEAN UNION

The article examines the standards of employee's right to a professional (official) career, enshrined in the acts of the Council of Europe and the European Union. It is established that the gradual harmonization of acts of national labour legislation with European standards of the employee's right to a professional (official) career is its adaptation. Forms of adaptation of legal acts of Ukraine in the research area are the adoption of new legislation and amendments to existing ones, which takes into account European standards of the employee's right to a professional (official) career. It is the effective adaptation of Ukraine's labour legislation to European human rights standards that is one of the guarantees for the successful completion of European integration and Ukraine's accession to the European Union. It is established that European standards of employees' right to a professional (professional) career are divided into general and special. The general standards of the studied law determine its structure, guarantees of implementation and in general the mechanism of provision (implementation, protection and defense). The content of the standards of the employee's right to a professional (official) career enshrined in the European Social Charter (revised) of 9 May 1996, the Community Charter of the Fundamental Social Rights of Workers of 9 December 1989, and the Charter of Fundamental Rights of the European Union of 7 December 2000 year. Special standards of the right to a professional (official) career apply to certain categories of workers, which, as a rule, are related to the implementation of certain functions of the state (administration of justice, law and order, etc.) and enshrine special powers of relevant categories of workers to meet their needs and interests of property and non-property nature, associated with professional growth and/ or promotion of work (service).

THE GOAL AND MODERN TENDENCIES OF THE LABOR MARKET POLICY

Inclusive and well-functioning labor markets are a prerequisite for the economic strength of a country. This includes ensuring enough jobs and social justice protection. Having a job is an important factor for material well-being, security, equality and personal human development, but in Georgia the status of an employee is not associated with normal living conditions. Due to high level of poverty in the country, the population agrees to work for an inadequate fee. The part of the informal sector in the labor market is quite high, this is mainly associated with low pay, unbearable conditions and the absence of safety standards. In such conditions, the main task of the government is to protect the social rights of workers, reduce the informal sector of the labor market, and implement effective and non-discriminatory labor market and employment policies.

НОВІТНЯ ПОЛІТИКА ЄВРОПЕЙСЬКОГО СОЮЗУ У СФЕРІ СОЦІАЛЬНИХ ПРАВ

The article explores new concepts and practical programs of the European Union in the field of realization and maintenance of social rights in the process of building a single social space and improving the social life of the population.The main stages of the implementation of the European Pillar of Social Rights are analyzed in order to structure the mechanisms of changes in the social policy of the European Union. The article provides statistics on the first results of the implementation of the principles of the European Pillar of Social Rights since its announcement in 2017 and analyzes the first changes in the social policy of the European Union. The article is considers under the features of the Directive proposed by the European Commission on transparent and predictable working conditions, which is a novelty in the field of security and protection of social rights of workers who work on non-standard and new formats of work in the conditions of development of modern market-economic relations. The characteristic features of the activities of the European Labor Authority are considered, the purpose of which is to provide comprehensive protection and guarantee of social justice of the citizens of the European Union. The article examines the official budget planning program of the European Social Fund Plus, the main financial body of the European Union, whose activities are aimed at ensuring the implementation and support of the principles of the European Pillar of Social Rights in order to balance economic inequality between countries and equal and comprehensive protection of social rights. The analysis of the level of social rights in the countries of the European Union is carried out in order to clarify the overall picture and assess the state of social development of European countries.Based on the data analyzed, the problems that the European Union is facing today in the process of implementing new social policy mechanisms are highlighted. On the basis of the analyzed data on the transformation of the social policy of the European Union, the necessity of further theoretical in-depth study of the social policy of the states with more developed economic and social sphere is emphasized in order to introduce effective mechanisms for ensuring social human rights in Ukraine.

ПРАВО НА ГІДНИЙ ЖИТТЄВИЙ РІВЕНЬ: ОСОБЛИВОСТІ ВИЗНАЧЕННЯ У ДЕРЖАВАХ ЄВРОПЕЙСЬКОГО СОЮЗУ

В даній науковій статті автором розкрито особливості закріплення на міжнародному, регіональному та національному рівнях права на гідний життєвий рівень у державах-членах Європейського Союзу. При цьому, проаналізовано Конвенцію Міжнародної організації праці № 102 про мінімальні норми соціального забезпечення, Європейську соціальну хартію, Європейський кодекс соціального забезпечення, правові акти Європейського Союзу та конституції держав-членів Європейського Союзу. На підставі проведеного аналізу, автор робить висновок про те, що право на гідний рівень життя визначене кількома документами Ради Європи (Європейська соціальна хартія, Європейський кодекс соціального забезпечення) та Європейського Союзу (Хартія про основні права, Хартія про соціальні права працівників), а також багатьма конституціями країн-членів ЄС. Зокрема, на рівні конституцій Бельгії, Італії, Португалії, Швейцарії це право визначене явно, на рівні конституцій Іспанії, Нідерландів, Швеції – визначене як обов’язок держави забезпечити гідний рівень життя для населення, на рівні конституцій Румунії, Словаччини, Словенії, Фінляндії та Хорватії – через право працюючих отримати винагороду за працю, яка дає можливість забезпечити йому та його сім'ї вільне та гідне життя. Конституції інших країн Європейського Союзу, в тому числі: Австрійської республіки, республіки Болгарія, Грецької республіки, королівства Данія, Ірландської республіки, великого герцогства Люксембург, Кіпру, республіки Мальта, Угорщини, Чеської республіки та країн Балтії не визначають прямо право на гідний рівень життя, хоча і говорять про справедливі умови оплати праці і право на соціальний захист у випадку неможливості себе забезпечувати за певних обставин.

СОЗДАНИЕ БЕЗБАРЬЕРНОГО АРХИТЕКТУРНО-ПЛАНИРОВОЧНОГО ПРОСТРАНСТВА ДЛЯ МАЛОМОБИЛЬНЫХ ГРУПП НАСЕЛЕНИЯ И ПРОБЛЕМА ПОДГОТОВКИ СПЕЦИАЛИСТОВ В СФЕРЕ СТРОИТЕЛЬСТВА И АРХИТЕКТУРЫ

The article analyzes the measures used by municipal authorities and construction organizations in Russian megalopolis for the organization of barrier-free architectural and planning environment. The results of the implementation of social programs to improve the living conditions of people with disabilities and other categories of people with limited mobility in urban areas are evaluated. It is proposed that the training of the barrier-free architectural and planning environment should become a priority direction of modern Russian construction education. Urban planning trends of the XXI century should be taken into account, as well as the principles of complexity and consistency in the creation of barrier-free architectural and planning space, in particular, the principles of the organization of exclusive space for residents of apartment buildings with restrictions. The article emphasizes that the legal aspect of the problem exists related to the protection of the social rights of workers with disabilities. The need to overcome the contradictions between different groups of urban population and the need to consider the environmental trends of the modern world urban planning is emphasized. In this regard, the town-planning developments of the famous modern Danish architect Jan Gehl, the head of Gehl Architects, are given as an example, currently working in the Russian Federation, in the Moscow region.

Characteristics of Instability of Standard and Non-standard Employment in Contemporary Russia

Precarious employment is becoming more and more widespread in the world and inRussia. It is the destruction of the traditional standard model of employment, labour and social rights of workers to secure and sustainable employment. This is one of the problematic areas of modern social relations, exacerbated by the industrial revolution 4.0, globalization of global relations in all areas and their use in the interests of national and world capital. In the article, the author characterizes the essence of precarious employment and presents the results of a sociological study of precarious employment in a representative group. It allowed expanding the sociological tools of its study and the use of sociological indicators to identify groups of workers in relation to precarious employment. The author also studied the parameters of the specified representative group, clarified the indicators of precarious employment and their quantitative values that identify certain aspects. As a result, the author identified four profiles of contemporary employment inRussia, characterized by increasing signs of precarious employment and gave their comparative characteristics. Further, the author described the differences in socio-demographic, socio-labour and economic characteristics of workers belonging to different profiles of employment. On this basis, the author justified the need to transform labour, civil and other legislation, which would allow more fully using the advantages of standard and flexible employment for employees of various segments of the Russian labour market, ensuring, at the same time, compliance with their labour and social rights.

Los derechos sociales en las cadenas globales de producción: nuevas perspectivas para la negociación colectiva transnacional en la Declaración de Empresas Multinacionales (OIT)

Entre las nuevas formas de organización empresarial destaca la formación de las cadenas globales de producción. Este fenómeno productivo desborda no sólo los marcos nacionales desde el punto de vista jurídico sino que además transforma los marcos de relaciones laborales como los conocíamos hasta ahora, afectando los derechos sociales de los trabajadores.

Tabagismo e Obesidade: Os Reflexos do Principio da Igualdade na Concretização dos Direitos Sociais dos Trabalhadores

Considerando-se como premissa a valorização do ser humano na Constituição de 1988, o presente estudo aborda o princípio da igualdade e seus reflexos nas relações sociais trabalhistas, bem como a necessidade de coibir atos discriminatórios em relação à presença do tabagismo e da obesidade nos contratos de trabalho. Além disso, visa pesquisar na legislação atual se o tabagismo e obesidade podem ser considerados doenças ocupacionais para fins de concretização dos direitos sociais dos trabalhadores discutindo-se acerca do nexo causal entre esses fatores e o ambiente de trabalho.

Tobacco and Obesity : The Consequences of the Principle of Equality in the Achievement of Social Rights of Workers

Tobacco and Obesity : The Consequences of the Principle of Equality in the Achievement of Social Rights of Workers

Производственные советы в России: баланс экономических и социальных прав

The Labour Code of the Russian Federation was amended in 2013 in a way that a new body of workers’ representation — works councils — can be established. These amendments don’t add any new rights or obligations neither to employers nor to employees. They are made with purely political purposes and only imitate the creation of the analog of the well-known German system of works councils.
 The author comes to conclusion that currently existing rights in informing and “taking into account” the workers’ representative body opinion, contained in the Russian Labour Code, are not sufficient for existence of the real industrial democracy. The article is aimed at answering the question, whether an implementation of functioning works councils may be beneficial to the adequate balancing of social rights of workers and economic rights of the employers. Although the full transposition of the German works councils system seems to be impossible, some of its positive features may be effectively adopted in the Russian law. For example, the employer’s obligation to consult workers shouldn’t be dependent on the existence of the workers’ representative bodies. Besides, a range of issues that are subject to the mandatory informing of workers by the employer must be significantly broadened. The procedure of consultations must include the real negotiations between the employer and employees on the basis of good faith principle.

Reestruturação produtiva e seu impacto nas relações de trabalho nos serviços públicos de saúde no Brasil

The restructuring of productive systems and economic globalization are directly impacting the basic social rights of workers. In the semi-peripheral countries such as Brazil, where the wage-based society and the consolidation of social rights are not completely implemented, this process of change in the world of labor contributes to aggravate the inequality in the capital-labor relationship and hampers access to employment. By means of a critical review of the scientific literature regarding changes in the world of labor and its impact on the organization and production of health services in Brazil, this article pinpoints the weakness of regulation of the labor market in Brazil, especially in the health sector. It also stresses the need to increase the debate on new forms of institutionalization of the labor relationship in order to ensure equity in the workplace and protect the rights to work and in the workplace.

BIOFILIA DAN NEKROFILIA: ANALISIS SOSIOLOGI SASTRA NOVEL LA BÊTE HUMAINE KARYA EMILE ZOLA

Using the genetic structural analysis suggested by Lucien Goldmann, it has been shown that Emile Zola, an adherent of naturalism, has managed to expose a distinctive world view through the mediation of his work bring La bête humaine. Through his career as an author who fully engaged in the social and political life of his time, Zola firmly demonstrated a world view different than contemporary rulers. His involvement in the political field, his support and empathy for the weak who became victims of an unjust capitalist system, and his commitment to the truth in which he believed, produced changes in the social and political fields. This is evident from the contemporary recognition of social rights of workers and the release of Alfred Dreyfus from prison. Yet for all that he paid with his life; Zola was assassinated by political opponents.

The Distinct Politics of the European Union’s ‘Fair Trade’ Linkage to Labour Standards

European Union (EU) social actors, governments and EU level representatives have been divided over fair trade linkage, where trade access is made conditional upon protection of labour standards. This division is partly an artefact of sharp disagreement and confusion over the nature of such linkage: supporters usually defend fair trade linkage as humanizing rather than shutting-down globalization, while opponents construe such linkage as a back door to protectionism or worry that other countries will construe linkage as such. This article analyses whether and in what ways EU fair trade protection has a politics distinct from those of general EU trade protection. The focus is on public opinion data in fifteen EU Member States that allows comparing citizen support for EU fair trade protection with that for EU trade protection generally. Judging from both aggregate national comparisons and individual level information in these data, EU fair trade linkage tends to receive generally more support than general trade protection, likely due to the former’s explicit appeal to broad standards of fairness. And the political basis of this support appears to lie not only in economic insecurities associated with skill and income but also in left-oriented ideological commitments to social rights of workers and to government interventions to protect such rights. These differences have important implications for the fortunes of fair trade linkage and for the broader politics of how Europe navigates globalization.

The Balance Between Economic and Social Objectives in the European Treaties

This study puts into historical perspective the balance defined by the European treaties between the economic and social dimensions of the European project. It highlights the two main characteristics of the building of social Europe. First, rather than constituting an objective for its own sake, social Europe has until recently developed as an accompanying measure of the economic integration between the Member States of the European Community, and now the European Union. Second, it has developed through a diversity of legal methods, including in the process a large array of actors. Social Europe today results, first, from certain provisions of the Rome Treaty, from legislative measures, and from the case-law of the European Court of Justice. But it also has developed from the adoption of political declarations which are not legally binding – such as the 1989 Community Charter of fundamental social rights of workers and the 2000 Charter of fundamental rights –, from European social dialogue, and from the “open” coordination between the Member States in the fields of employment and social inclusion. The study identifies the different historical stages in the building of social Europe, and it replaces those stages in a theoretical framework in order to shed light on the logic which connects them with one another.

The Viking case

The decision of 3 November 2005 of the Court of Appeal in London in the Viking case, which it referred to the European Court of Justice, is of crucial importance in terms of indicating a direction for the future of the European social model. The issue involved is whether, and to what extent, industrial action by unions in order to prevent the imposition of very low wage rates is permissible when ships are transferred to flags of convenience within Europe. The relationship between rights of economic freedom of movement under the EC Treaty and collective freedom of activity for workers within the framework of their freedom of association has not as yet been definitively settled. Guarantees of transnational economic activity were assigned a prominent role in the EC Treaty from the outset, while the fundamental social rights of workers have acquired increased recognition in the EU only in the past 20 years. The success of European integration is dependent on effective limits for economic freedom being able to be set.

Social protection of employees in labour code after Poland’s accession to the European Union

Social protection issues of employees is connected with laws to make in European Social Charter (1961) and Community Charter of the Fundamental Social Rights of Workers (1989). Some of the these rights are regulated in the Directives EC, which in the period of Polish assoiation with European Communities were implemented in the Polish labour law. After Polish accession to the European Community, three aspects of the social protection of employees are especially important and in these cases it is necessary to pay attention to them in this paper