Social Security Law Research Articles

Post-Pandemic Challenges of Textile Industry Workers in India: Analysis of Social Security Laws of Select Asian Countries

Abstract The COVID-19 pandemic ensued a challenging period for global health; however, the loss of livelihoods throughout the lockdown also led to a significant economic issue that warranted a reassessment of the existing socio-economic structures. Manufacturing lines were severely impeded, particularly in the Indian textile industry, the second-largest employer and labour-intensive industry. The initial lockdown did not provide manufacturers enough time to prepare for the impending catastrophe, compelling many to shut down their operations. The above circumstances highlighted the lack of resilient social security laws in India. Despite initiatives like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), the Employees’ Provident Fund (EPF) scheme and other initiatives like grain distribution to families below the poverty line, lack of economic security came to the forefront. There is a need to have a competent social security legal framework in India to ensure economic stability for all that would fall in line with the noble ideas of the framers of the Constitution as enshrined in the Directive Principles of State Policy, the guiding light for all state action in India. India has not ratified the International Labour Organizations Social Security (Minimum Standards) Convention of 1952. The focal area of the current research would be to look into the sufficiency of the legal framework (International and National) to protect the economic interests of the workers. The authors examine the following: 1. Examine the Code on Social Security, 2020 passed by the Indian legislature interpreting it in light of the COVID-19 pandemic and its effect on textile manufacturing in India along with other steps initiated by the government for the textile industry. 2. Carry out a comparative analysis of the social security laws of other Asian countries (Bangladesh, Vietnam, and China) to carve out best practices that can be adopted in India. 3. Analyse and contrast the statistical data of the four predominant textile manufacturing and exporting economies on selected parameters.

A renewed argument for the designation of Social Security Law as a module in the LLB curriculum

The Covid-19 pandemic and the government’s response thereto has shifted socio-economic rights to the forefront of the nation’s attention. Social security measures formed the vanguard of measures to address the dire economic consequences of the lockdown and subsequent restrictions on breadwinners and their dependants. More than two years after the government’s temporary interventions, the discourse has morphed into a debate on the need and viability of more comprehensive and long-term measures. All the proposed measures – whether it be a national social security fund, national health insurance or even a basic income grant – point towards social security becoming ubiquitous in South Africa. However, very few LLB graduates have been exposed to the Social Security Law module as part of their law degree. This underscores the need for equipping LLB graduates with the fundamentals of this branch of law. This article makes three arguments. First, it argues for the inclusion of the Social Security Law module in the LLB curriculum of all law faculties in the country, preferably as a core module. Second, it posits that it is time, almost 30 years into the country’s democracy, to shift our attention towards an aggressive pursuit of socio-economic rights, and in doing so, there is a corresponding need to equip LLB graduates with the tools to play a meaningful role in the country’s transformation agenda. Finally, the article makes a case for the creation of an association of Social Security Law teachers to ensure, among others, the sharing of expertise and the provision of support and guidance to faculties and colleagues who wish to introduce Social Security Law as an LLB module.

Old age protection and prohibition of the principle of social retrocess

The present academic article is of a qualitative nature, using the bibliographic method, the main objective is to treat the elderly's social security law as a stony clause, which cannot be mitigated in view of the principle of prohibition against social retrogression. Thus, in the search to understand the theme, a bibliographical survey was carried out in books, articles and in the legislation itself to bring legal support to the issue. Thus, the research is divided into three sections, where the first delimits issues referring to social security and the principle of prohibition against social retrocession, the second section addresses the issues pertinent to Constitutional law and stone clauses and finally there is the discussion of reasoned form on the elderly's social security right to be seen as a stone clause based on the Principle of Prohibition Against Social Retrogression.

Legal Protection of Migrant Workers in the Agricultural Sector in Light of Jordanian Legislation and International Labor Standards

This study aims to examine the adequate application of rights and protections granted to migrant workers under Jordanian labor law and social security law in agricultural Sector. The author analyzed the applicable laws, regulations, and relevant literature related to migrant workers in Jordan, including various relevant legislations, court decisions, and legal precedents. Through critical analysis and comparison of various data from these secondary data sources, this work will identify the problems associated with this legislation and consequently provide different recommendations and conclusions. Contradictions between labor law and social security law, as well as the feasibility of implementation and enforcement, lead to a significant gap in the protection of migrant workers in the agricultural sector. The author calls for a more cautious approach and argues for the necessity of respecting the principles that necessitate workers' rights. This study focused on the rights of migrant workers in the agricultural sector, deriving its authenticity and value from being the first and most recent work exploring this issue in light of recent amendments to labor law, social security law, and related legislations.

Unjustified enrichment and restitution in social security legal relations

The article is devoted to the consideration of the grounds and prospects for the use of the mechanism of restitution in the law of social security. The authors argue that the industry has developed a need for a legal structure regulating cases of unjustified or excessive provision of social security to citizens. This thesis is illustrated by an analysis of current regulatory legal acts and emerging judicial practice. In resolving disputes of the category considered in the article, the courts took the path of borrowing a private law mechanism of restitution, which is generally supported by the authors. At the same time, the article focuses on the need to comply with the rules developed by science for borrowing private law structures by social security law, including ensuring the sectoral adaptation of the implemented legal instrument. In this regard, the authors draw attention to the position of the Constitutional Court of the Russian Federation, formulated in Resolution of 14.01.2016 no. 1-P. In the work, this position of the Constitutional Court of the Russian Federation is regarded as focusing on a specific industry adaptation of the borrowed legal structure of restitution for the purposes of social security law. The authors emphasize that when the parties to the social security legal relationship return to the state preceding the violation of the law, it is necessary to formalize the distribution of the burden of adverse consequences of the error of the authorized body on the basis of the general legal principle of justice, excluding a formal approach to resolving the legal situation. This involves taking into account the specifics of the life situation in which the citizen is, the duration of the period during which he received the social payment assigned by mistake, as well as other significant circumstances.

Temporality in protection against social risk and legal regulation of social security: domestic and international legal aspects

Considering the issue of temporality in protection against social risk, the authors point out that this activity, which is complex in nature, includes, as one of the most important elements, compensation for social risks mediated by social security law. The conclusion is substantiated that the influence of time on the legal regulation of social security is manifested at two levels. First, time is included in the sectoral legal mechanism in the form of terms, which are associated with the implementation of the right to protection from social risk. These terms, formalized in the rules of law, must be adequate to the social risk, the goals of social security, and the financial and organizational capabilities of the state. Attention is drawn to the fact that the type of terms - the length of service (insurance experience, length of service, etc.) - is especially dependent on the passage of time, since the experience itself is formed in connection with long-term activity. In addition, over time, it is possible to introduce changes to the legislation that directly affect the implementation of social security rights of citizens. This is the second level of the impact of time on the legal regulation of social security - the impact from the outside. As the most striking example of such influence, the reform of the pension system of the Russian Federation is indicated, however, it is emphasized that international agreements on social security, including pensions, concluded by the Russian Federation and the states of the post-Soviet space, over time and as the priorities of the social policy of the state are gradually clarified, lose their force. are being replaced by new agreements that have a serious impact on the realization of citizens' rights. Thus, it is concluded that the problem of temporality in protection against social risk and legal regulation of social security at the domestic and international legal levels is multidimensional and deserves scientific attention.

К вопросу о предмете права социального обеспечения

It is noted that Russia, being a social state, guarantees a decent standard of living for a person and the free development of the individual. It is indicated that social security is divided into state and non-state social security systems. It is noted that traditionally the subject of social security law includes only social relations arising in the state social security system. An example is given when none of the parties to the social security relationship is a public agent - a government body, a local government body, a state or municipal institution, etc. Cases are highlighted when the subject of social security law includes social relations that are fully remunerative for the authorized person. It is indicated that one of the defining principles of social security law should be ensuring a decent standard of living for citizens. The ways in which the Russian state is trying to resolve the crisis of the social security system are analyzed. The need is established to include the non-state social security system in the system of social security law. There is a close relationship between social security law and such private-public branch of law as labor law. It is indicated that in economically developed countries, social support measures have long been of a mixed public-private nature. The difficulties of using foreign experience in the legal regulation of social security relations are noted. The reasons why the Russian state periodically carries out pension reforms are indicated. The conclusion is substantiated that in order to level out crisis phenomena in the social security system, a comprehensive solution to the socio-economic problems of the domestic state and society is necessary, including private legal regulation of social relations that constitute the subject of social security law.

Self-employment in Hungarian law

Self-employment has traditionally been regulated by the Civil Code, as a distinctive form of work apart from employment. This chapter strives to evaluate the labour law framework and labour market experience of self-employment. First, the Hungarian legal provisions on self-employment will be highlighted, including labour law, civil law and social security law. This will be followed by an evaluation of the available data on labour market trends regarding the various groups of self-employed workers, such as genuine and false self-employment, and economically dependent work. After this summary on employment data, the legal protection or scope of employee rights enjoyed by self-employed persons will be scrutinised. Finally, I will examine the Hungarian legal mechanisms to combat false self-employment. As a whole, the paper will provide a picture of the legal environment of self-employment with laws, trends and some evident flaws. I will strive to highlight the main driving forces behind self-employment and related labour law policy.

Introduction into the international research project “In search of a legal model of self-employment in Poland. A comparative analysis

The purpose of the present article is to present to the readers the key concepts underlying the international research project funded by the National Science Centre and led by Prof. Tomasz Duraj titled “In Search of the Self-Employment Model in Poland. A Comparative Analysis”. The chief research task undertaken by the project participants is a complex legal analysis of self-employment – not only from the perspective of Polish regulations and case law, but also with regard to solutions existing in international and Union law as well as in selected European countries. The area of study covered such legal systems as those of the United Kingdom, Germany, Austria, Spain, France, Italy, Hungary, as well as Lithuania, Latvia, and Estonia. Most centrally, the results of the study will serve to develop an original legal model of self-employment in Poland, which will redefine the special status of the self-employed in an optimal way. The final result of the international research project are two twin studies to be published by Lodz University Press, one in Polish, in the form of a multi-author monograph, and the other in English, as two issues of the journal Acta Universitatis Lodziensis. Folia Iuridica. The present article demonstrates the scale, significance, and implications of self-employment as an atypical form of providing work, as well as the key scholarly objectives of the international research project and its importance for legal theory and practice. Next, the author discusses the concept and the plan of research work adopted in the project, the research methods applied, and the publication and popularization activities carried out by the project participants. The research undertaken under the project is innovative. This is because until now, no such large-scale study into the legal conditions of self-employment in Poland has been carried out. The final conclusions drawn in the research project make a significant contribution to the development of the theory of labour law and social security law, enriching the academic discourse in this area. An added value for Polish scholarly work is the organized study of foreign regulations on self-employment in selected European countries. Moreover, the de lege ferenda remarks prepared in the research project may be helpful to the Polish authorities in developing new legal solutions in the area of self-employment.

Navigating the Social Security Landscape in India: a Broad Analysis

Social security and labor laws in India are intended to protect the rights and the well-being of workers. These laws cover many topics, including employment conditions, wages, health and safety, social security benefits, and more. In India, the evolution of social security legislation has been slow, with many laws and changes enacted throughout the years to address the social and economic demands of employees and their families. Here, the social security regulations are largely centered on the Social Security Code, which was implemented as part of labor code amendments in 2020. The Social Security Code strives to offer a comprehensive framework for employees and their families to receive social security payments. However, before this code, there were other significant landmark rulings and measures enacted to safeguard the laborers. This research paper will provide an overview of all the different laws that have been put in place to benefit employees since the awakening of the labor movement. Incorporating evidence from catalogs, historical judgments, gazettes, and other such articles, the paper provides a full and complete understanding of the history, timeline, and all the different laws that have been put in place for laborers under the guise of social security and whether all such statutes are being used for their intended purpose or if any specific areas can be improved.

Foreign experience of legal regulation of social protection of self-employed persons and the possibility of its use in Ukraine

Employment of the population is one of the central problems not only in Ukraine, but also in the whole world. Achieving its high level is one of the main goals of any state. One of its forms is self-employment, which today is caused by the economic crisis associated with the war in the country, the consequence of which is the increase in the level of unemployment and the limitation of the demand for hired labor; low level of wages at state-owned enterprises; the formation of a market worldview, which as a result poses a real threat to state and social well-being. The purpose of the article is to analyze the experience of foreign countries regarding the legal regulation of social protection of self-employed persons and the possibility of its use in Ukraine. It was concluded that self-employment is regulated by a broad regulatory framework. At the same time, the lack of regulation by the main acts of labor legislation and legislation in the field of social security was noted. Attention is focused on the need to develop a separate legislative act. And in this, the experience of Germany, where the Social Code (“Sozialgesetzbuch”) has been developed, which consists of 12 chapters regulating certain types of social security, will be useful. In particular, the systematization of social legislation according to the German model would involve two directions: the adoption of the Code of Ukraine on social protection, the content of which would be formed from current laws and subordinate regulatory legal acts; and coordination of its content with other acts of social legislation that are not part of it. At the same time, the Code should provide separate provisions that would regulate issues related to social protection of such a category of subjects of social security law as self­employed persons. That is, it is expedient to reform the social security legislation on the basis of successful foreign experience. It is also necessary to use the positive experience of foreign countries in the process of creating specialized programs for the support and development of self-employment. We are convinced that only under such conditions can most of the problems that arise in the researched area be solved.

La tarification au forfait en oncologie thoracique: Bundled payment system in thoracic oncology

The increasing incidence of lung cancer around the world has generated a sharp increase in health costs. Different approachs have been conducted in different countries and in different payment models to improve the efficiency of care while reducing costs. Bundled payment, also known as global prospective payment, is a payment model that sets a pre-determined amount for a set of medical services related to a specific situation. Unlike traditional fee-for-service pricing models, where each medical service is billed individually and separately, bundled payment encompasses all costs associated with a given treatment. In the context of lung cancer, this may include services such as diagnosis, surgery, chemotherapy, radiation therapy and supportive care. This model has multiple advantages but also certain limitations which therefore require a global evaluation before validation and potential generalization. In France, the so called “article 51” of the social security law allows this type of experimentation.1877-1203/© 2023 SPLF. Published by Elsevier Masson SAS. All rights reserved.

Lump-Sum Payment for Purchasing Residential Premises as an Additional State Guarantee for State Civil Servants of the Russian Federation: Exercise of Right

The subject of the study is the norms of the legislation of the Russian Federation on the state civil service of the Russian Federation. These norms provide additional guarantees for state civil servants of the Russian Federation for lump-sum subsidy aimed at acquiring accommodation. The purpose of the study is to consider the legal significance of a lump-sum subsidy for buying accommodation, to identify the conditions for the right to this subsidy, to determine whether it is mandatory or optional for the constituent entities of the Russian Federation to exercise their powers to provide employees of the subject of the Russian Federation with a lump-sum subsidy for the accommodation, to propose amendments to the legislation. The methodology of the study are such scientific methods as formal legal, structural functional approaches, comparison, research and analysis of studies and regulations. The study uses scientific research in the field of social security law and economic sciences. As a result of the study, the paper substantiates that a lump-sum subsidy for accommodation is provided in order to ensure the social security of civil servants of the Russian Federation. The right to this payment should be assigned only to those civil servants of the Russian Federation who need it and who, without the state support, are not able to change their financial situation and acquire accommodation. The paper proves the need for codifying the conditions for the right to this lump-sum subsidy. Using the analysis of federal and regional legislation that defines the powers of public law entities in the sphere under consideration, the paper proves the obligatory adoption of legal acts aimed at exercising the right of a civil servant of the Russian Federation to a lump-sum subsidy for the accommodation, regardless of the finances of the relevant budget. In order to have a unified legal regulation of the relations under consideration, the study substantiates the need to combine basic and additional state guarantees for civil servants of the Russian Federation, and presents specific proposals for changing federal legislation.

Cross-border telework in light of the Rome I-Regulation and the Posting of Workers Directive

Labour mobility within the European Union can take multiple forms and is becoming an increasingly diversified phenomenon. On the one hand, workers can move physically from one Member State to another for a short or long stay, while, on the other hand, virtual migration is rising. Partly due to globalisation and the Covid-19 pandemic, cross-border telework – which can take place anytime and anywhere – has become an integral part of society. Whereas the social security and tax laws applicable to these cross-border teleworkers have been researched extensively, the applicable labour law, following the Rome I-Regulation and the Posting of Workers Directive, remains unclear. The same is true regarding the qualification of such cross-border teleworkers as posted workers under the free movement of services. Indeed, these legal frameworks include a general approach without prescribing specific connecting factors or conditions of application tailored to the virtuality of cross-border teleworkers. Consequently, this contribution examines the labour law applicable to cross-border teleworkers within the EU and the (un)surmountable bottlenecks that arise in applying the legal frameworks currently in place.

The Framework Agreement on the applicable social security law in case of habitual cross-border telework after the pandemic

The Framework Agreement on the applicable social security law in case of habitual cross-border telework after the pandemic

The backgrounds and motives of Iran for severing its diplomatic relations with Britain 1951-1954 M

Iran went through important incidents during the second half of the twentieth century that affected its political and social reality. These events coincided with the accession of Muhammad Mossadegh to the position of Iranian prime minister, who was elected twice between 1951-1953. In turn, he carried out many reforms, including the issuance of the Social Security Law and land reform, but the most important of them was The law of nationalization of the Iranian oil industry, which has been in the hands of the British since 1913. Mosaddegh believes that the Anglo-Iranian Oil Company is the arm of the British government to control Iranian oil, which contradicts the goals of the National Front that Mossadegh founded with a group of his colleagues, as it seeks to end the foreign presence in Iran At the same time, Mosaddegh reduced the powers of the Shah to a large extent and made them honorary functions, which annoyed Shah Muhammad Reza Pahlavi and his sister Ashraf Pahlavi, who was more severe than her brother and was trying to impose her personality in Iran and wanted to preserve the throne of her brother, Muhammad Reza Pahlavi, and the situation between Iran and Britain worsened. After the expulsion of the British company's employees, which prompted Britain to take action, file a complaint against Iran before the UN Security Council, and take legal action I am against oil buyers from Iran and contracting with international oil companies not to deal with Iran

Expansion of BPJS Ketenagakerjaan BPU Membership through Marketing Mix Strategy and Regulation

Implementation of the social security system in Indonesia has entered a new era, in line with the implementation of Law no. 40 of 2004 on Social Security System (Navigation) and Law No.24 of 2011 on Social Security Agency (BPJS), one of which is where the mandated implementation of the national social security system. This study aims to do a comparison of the Indonesian social security system and how the expansion of its participants with marketing mix strategy and regulation. Analysis was performed on workers not wage (BPU). The analysis was performed on the program, promotion, distribution, amosunt of dues, processes, actors, and physical evidences, regulation, and provision of an age limit of 56 years. The study shows that the application of the social security system by the method of marketing mix and regulation will have a broad effect on the expansion of membership. Their overall strategy and emphasis through the regulation will affect the expansion of the BPU coverage. The addition of the age limit for BPU will increase the number of participants.

Unpacking the legal status of platform workers in China: an empirical analysis of judicial attitudes and challenges in the food delivery sector

ABSTRACT The platform economy has generated new business models and employment types, posing new challenges to China’s labour law and social security law. This article collects 324 cases between 2017 and 2020 in which Chinese courts need to determine the employment status of food delivery riders as platform workers. This paper focuses on whether ‘special delivery riders’ under the agent model and ‘crowdsourced riders’ under the crowdsourcing model are identified as employees in these cases and analyse relevant factors considered by judges when they make decisions. More than half of the Chinese judges hold that special delivery riders are employees of agents, while crowdsourced riders are barely found as employees; most judges are reluctant to deem platforms as the liable employers. In general, the algorithm-based management, business organization, and relevant agreements etc. deployed by food delivery platforms may make them free from employer obligations and liabilities, and policymakers often have a tolerant and positive attitude towards the platform employment. Relevant latest policies show the government’s willingness to give platform workers more protection, and the SPC Stable Employment Opinions has specified the criteria for identifying employment relationship in the platform employment. Nevertheless, it takes time to see how they will be implemented.

Grounds for admitting a mentally ill person without their consent to a psychiatric hospital under the application procedure.

The purpose of this article is to present the authors´ comments on the analysis of the conditions for admitting a person to a psychiatric hospital against their will on the basis of a judgment issued by a guardianship court as part of proceedings initiated at the request of an authorized entity, and the assumptions contained therein are based on applicable normative acts. The method of analyzing the current provisions of medical law was used, and of the social security law were also referred to. The judicature of the courts, in particular the Supreme Court, was collected, presented and considered, which constitute a practical guide in assessing whether or not the conditions for admitting a patient to a psychiatric hospital without their consent have been met. Placing a mentally ill person in a psychiatric hospital without their consent, in a situation where the person does not pose a direct threat to their health and life, or to the health and life of third parties, and does not pose a threat to public safety, is quite a specific restriction of the human right to freedom, sanctioned by the state. The provision of Article 29 (1) of the Mental Health Act is a special provision, it should be interpreted strictly, without referring to the principles of broad interpretation or analogy, and the supreme directive of the courts' actions should be the requirement that the ruling should be purposeful from the point of view of the good and interest of the person concerned.

International standards of rights in the field of social security

International standards of rights in the field of social security are a set of norms established in various international legal acts. These standards define decent living conditions for people, ensure personal development and social security, and have a significant impact on national legislation in the field of social security. The implementation of standards established at the international level in national legislation is a tool for the development of national legislation towards implementing the rule of law, equality, and social justice. Therefore, this article examines international standards of rights in the field of social security and analyzes the direction of their influence on the sources of social security law. The purpose of this work is to study international social standards and their legal characteristics. The research methodology includes various methods such as the dialectical method, the systemic method, the genetic method, the logical method, the structural-functional method, the formal-legal method, and the comparative-legal and sociological-legal methods. The research results indicate that international standards in the field of social security play an important role, as they must be observed as the minimum criteria for the protection of rights in the sphere of social security. The guarantees provided by a number of ILO Conventions and other international legal acts have been thoroughly investigated, and norms in current legislation that contradict international social standards have been identified. It is emphasized that it is necessary to consider these standards and create specific legal mechanisms that will enable the implementation of international norms and principles.