Statutory Minimum Research Articles

What Does the German Minimum Wage Do? The Impact of the Introduction of the Statutory Minimum Wage on the Composition of Low- and Minimum-Wage Labour

Abstract In this article, we examine structural changes in minimum wage and low wage labor following the introduction and first increase of the German minimum wage. Changes in the impact that workers face earning gross hourly wages below the minimum-wage or low-wage thresholds are identified by comparing individual, company and sectoral characteristics based on the Structure of Earnings Surveys (SESs) 2014 and 2018. The SES is a mandatory survey of companies that provides information on wages and working hours for approximately 1 million jobs and nearly 70,000 companies across all industries. Using these rich data, we present the first systematic analysis of how structural changes in individual-, company-, and industry-level determinants affect minimum- and low-wage workers. Using descriptive analysis, we first summarize the changing pattern in jobs, companies, and industries after the introduction of minimum wage. Second, we use random intercept-only models to estimate the explanatory power at the individual, company, and industry levels in 2014 and 2018. Third, we perform logistic and linear regression estimations to assess the changing trends in having a minimum- or low-wage job and the distance between a worker’s actual earnings and the minimum- and low-wage thresholds. We conclude that the minimum wage had an elevator effect on minimum wage labor. However, compositional effects regarding the minimum-wage and low-wage workforce were evident in terms of individual and company factors. There was a selective redistribution of minimum wage employees into slightly higher wage ranges. Furthermore, convergence seems to have occurred predominantly among sectors, as their explanatory power for lower wages declined.

Sentencing Narcotics Cases below the Statutory Minimum

Law number 35/2009 on Narcotics establishes a specific minimum punishment. Despite this, instances occur where judges impose sentences below these mandated minimums, leading to concerns about legal certainty and the potential for undermining justice. This article investigates how judges account for legal certainty when imposing sentences below the stipulated minimum for narcotics offenses. The research adopts both normative and empirical legal methodologies, utilizing literature reviews, document analysis, case studies, and interviews with key informants. The findings suggest that judges often justify lesser sentences based on several factors: the defendant's status as a drug user rather than a distributor, negative urine test results, possession of only a small amount of narcotics, and lack of evidence proving involvement in narcotics sales or intermediary activities. In their rulings, judges integrate these considerations with the applicable narcotics laws and the factual circumstances presented during the trial. Consequently, such decisions to impose sentences below the statutory minimum are grounded in well-considered legal reasoning, contributing to legal certainty in the judicial process.

Age is Not Just a Number: Problems with Florida’s Statutory Minimum Age for Juvenile Delinquency and Why it Must be Increased

Under a Florida law enacted in 2021, any child over the age of six years old can be arrested and subjected to juvenile delinquency proceedings. Florida, as well as the United States in general, is an outlier when it comes to statutory minimum ages for juvenile delinquency. The most common and recommended minimum age internationally is fourteen years old, and many studies show that arresting, charging, and adjudicating children below the age of fourteen is counterproductive, as it leads to increased recidivism, potentially violates due process, and leaves lasting negative effects on children. This comment will discuss juvenile delinquency in the United States, as well as the problems associated with Florida’s current minimum age for juvenile delinquency. Additionally, this comment will address the problems associated with having such a low minimum age for juvenile delinquency and explain how, based on these problems, Florida’s current minimum age runs contrary to the purposes of Florida’s juvenile justice system and does not serve the bases for punishment. Finally, this comment will recommend that Florida lawmakers raise the statutory minimum age for juvenile delinquency to fourteen years old and provide alternatives to traditional juvenile justice procedures in order to mitigate the problems analyzed before and help achieve the purposes of Florida’s juvenile justice system.

Why Are Federal Meth Sentences Getting Longer?

While sentence lengths for most federal drug trafficking offenses have decreased in recent years, methamphetamine sentences are moving in the opposite direction, lengthening by 12% between FY2015 and FY2019. Using data from the U.S. Sentencing Commission and other sources, I consider several possible reasons for this increase. I conclude that four recent trends have jointly produced longer meth sentences: (1) drug volumes have increased, (2) the criminal history of the average offender has become more extensive, (3) weapon enhancements and charges have become more common, and (4) cases have grown increasingly likely to be sentenced as high-purity “ice” or by “actual” meth content, which carry much more punitive mandatory and guideline minimums than meth mixture. How much of the increase in sentence lengths has been attributable to shifting case characteristics (e.g., growing drug volumes, changing criminal histories, and increased weapons use) versus efforts to charge and pursue offenses that carry greater penalties? I use USSC data to conduct several simulations estimating how sentence lengths would have evolved if all meth cases were sentenced as the same meth type. I predict that the average meth trafficking sentence would have lengthened by 27–33% less, or 3.3–4.0 fewer months, if all cases were sentenced as the same meth type but all other case attributes remained unchanged. The remainder of the growth is attributable to case and offender characteristics. However, this prediction assumes that relief and leniency decisions would not change if statutory and guideline minimums were altered; to allow for this possibility, I run another set of simulations, taking these possible offsetting effects into account. My latter simulations predict that trafficking sentences might have increased 13–16% less than they did in reality, a smaller magnitude than my initial estimates. I briefly consider the underlying reasons for these trends. Some, but not all, of the changing offense characteristics may be linked to the recent shift to Mexican methamphetamine production. The timing of the shift in meth type charged suggests it may largely be the result of a change in Justice Department charging policy enacted in 2017; this shift cannot be attributed to any change in drug purity.

The veterinary surgeon and the farmer — controlling TB farm by farm

In considering how tuberculosis (TB) affects cattle across the UK, the British Veterinary Association (BVA) has coordinated with representatives of the farming, veterinary and scientific communities from throughout the UK to bring out a new policy position on bovine TB. In it BVA seeks to draw on the social science of behavioural change, as well as the best available evidence to support each of the recommendations. By advocating strengthening the team of farmer, private veterinary surgeon and government at a single farm unit level, BVA believes that engagement with control and prevention strategies can be improved. Access to local, current data will be a powerful tool in motivating the conversations between veterinary surgeons and farmers on appropriate measures to be taken over and above the statutory minimum on each farm. Increasing knowledge of when and how to apply different testing modalities, as well as government support for their use, will enable ownership of both the disease and its solutions farm by farm.

From the Playhouse to the Courthouse: Indiana's Need for a Statutory Minimum Age for Juvenile Delinquency Adjudication

From the Playhouse to the Courthouse: Indiana's Need for a Statutory Minimum Age for Juvenile Delinquency Adjudication

The Informed Jury

The right to a criminal jury trial is a constitutional disappointment. Cases almost never make it to a jury because of plea bargaining. In the few cases that do, the jury is relegated to a narrow factfinding role that denies it normative voice or the ability to serve as a meaningful check on excessive punishment. One simple change could situate the jury where it belongs, at the center of the criminal process. The most important thing juries do in criminal cases is authorize state punishment. But today, when a jury returns a guilty verdict, it authorizes punishment without any idea of what is in store for the defendant. This principle of jury ignorance is a profound mistake. It is unmoored from history and the core function of the jury to authorize punishment. Worse, it exacerbates the criminal legal system’s predilection for excessive severity. This Article offers and defends a proposal to replace ignorant juries with informed ones, by requiring juries to be told of the statutory minimum and maximum punishment in every case before being asked to return a conviction. Informed juries would change the dynamics of criminal justice for the better. In individual cases, punishment information would make juries more careful before convicting and would sometimes lead juries to refuse to convict where punishment would be excessive and unjust. But more importantly, informed juries would provide systemic benefits. Requiring informed juries would set in motion a political feedback loop that would counteract existing incentives for legislators and prosecutors to prefer severity. In addition to being good policy, there are powerful arguments that informed juries deserve to be recognized as part of the constitutional jury-trial right.

CHALLENGES AND PROBLEMS OF LEGAL REGULATION OF SOCIAL AND BIOLOGICAL PARENTHOOD

The relevance of this study. A person spends most of his time working, i. y. at the same time, having an employment relationship which obliges him to perform the work stipulated in the employment contract, it is nevertheless essential that employers ensure adequate rest periods for employees and do not violate the requirements for maximum working hours and minimum rest periods. The right of a person to have adequate rest is one of the constitutional human rights, which is enshrined in Article 48 of the Constitution of the Republic of Lithuania, which provides that “every working person has the right to rest and leisure, as well as annual paid leave” [1]. International law also reveals the importance of this human right. Article 31 of the Charter of Fundamental Rights of the European Union (Charter). 2 d. [2] provides that "every worker has the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave". 2003 November 4 Directive 2003/88 / EC of the European Parliament and of the Council on certain aspects of the organization of working time, adopted in 2003, also lays down minimum safety and health requirements for the organization of working time regarding daily and weekly rest periods and breaks [3]. Regarding the regulation of rest periods at international level, mention should also be made of the International Labor Organization (ILO) conventions and the adoption of recommendations setting weekly rest periods for certain categories of workers [4]. The main problem. The interpretation and application of the norms related to the determination of rest time and the problems arising from it are assessed in three ways: firstly, the practice of interpreting and applying the rules governing working and rest time is not well developed and unclear. secondly, the employee, as a weaker party to the employment relationship, cannot protect himself from improper organization of rest and working time, for example, employers abuse the employee's trust and do not give employees raising children the benefits they deserve, i. y. additional rest days. thirdly, the abuse of the position of employers by forcing employees to work overtime or on public holidays, thus preventing the employee from complying with the statutory minimum rest requirements, is also problematic. The following tasks: 1. To define the concept of rest time and social significance. 2. To examine the mechanism of legal regulation of rest time. 3. To analyze the rulings of selected courts in cases where a dispute arises regarding the legal regulation of rest time and its implementation. 4. To identify the main problems of the legal regulation of rest time and to submit proposals for the improvement of the legal situation. The aim of this work to analyze the problems of legal regulation of rest time from the point of view of labor law. The paper concluded aannual leave and the compensation paid for it in the event of termination of employment are another problematic issue encountered in case law. In the event of dismissal, the employee seeks a declaration that the dismissal is unlawful and, on that basis, an award of compensation for unused annual leave to which he would have been entitled if the employment relationship had not been terminated. The novelty Although there are quite several scientific articles and research analyzing the work-life balance, the novelty of the topic is that this work will reveal only the peculiarities of legal regulation of rest time in Lithuania and Turkey, as well as problems arising from rest regulation. As the result problems with the regulation of rest time at international level arise from reasons such as the abuse of rest breaks by employees, the payment of compensation for unused paid annual leave, and the inclusion of rest time in working time. The used methodology document analysis, systematic analysis, comparative, logical-analytical method, and generalization methods

The Major Parties: National's and Labour's Employment Relations Policies

The 2020 election campaign has been divisive and extended, with the election date delayed in August by a month (from 19th September) to 17th October. The Covid-19 pandemic has influenced public policies to an unprecedented degree as well as playing havoc with the political parties’ voter support. While there, initially, did not seem to be many major policy differences between the two main parties, a clear choice has been established during the election campaign. Aside from National’s crucial choice of promising tax cuts and stronger debt reduction targets, a clear distinction in employment relations policies has also been established. Labour continues its policy priorities, which include new employment relations initiatives and large employment support policies, while National pledges more employer-determined flexibility and employee choice in respect of statutory minima and educational opportunities. However, although there have already been many election promises, there appears to be no comprehensive plan from either party of how to establish a sustainable, high skill and highly productive economy along with associated workplace relationships.

An empirical study of criminal sanction on trademark counterfeiting in China

Based on the empirical study of more than 800 criminal cases of trademark counterfeiting in China, this article finds that criminal sanctions of counterfeiting cases are below the statutory minimum of the law, and most courts do not calculate illegal business volumes or fines before making the decisions. For providing policy recommendations, this study, by regression analysis, further demonstrates that attorney arguments and courts calculation on business volume does associate with severer sanctions. This highlights the importance of precise court calculation in counterfeiting cases. Additionally, counterfeiters who should be sentenced to longer imprisonment are only receiving greater fines instead of longer imprisonment terms than those cases with less severity. Repeat offenders are not receiving significantly higher sanctions than first-time offenders. These findings suggest that criminal courts may have core considerations on specific case characteristics, and these characteristics have different effects on the decisions of fines and imprisonment.

Editorial: Effects of the Introduction of the Statutory Minimum Wage in Germany

Editorial: Effects of the Introduction of the Statutory Minimum Wage in Germany

The Effects of Germany’s Statutory Minimum Wage on Employment and Welfare Dependency

AbstractIn January 2015, Germany introduced a federal, statutory minimum wage of 8.50 € per hour. This study evaluates the effects of this policy on regular and marginal employment and on welfare dependency. Based on the county-level administrative data, this study uses the difference-in-differences technique, exploiting regional variation in the bite of the minimum wage, i.e., the county-specific share of employees paid less than 8.50 € before the introduction of the minimum wage. The minimum wage had a considerable negative effect on marginal employment. There is also some indication that regular employment was slightly reduced. Concerning welfare dependency, the minimum wage reduced the number of working welfare recipients, with some indication that about one half of them left welfare receipt due to the minimum wage.

The German Statutory Minimum Wage and Its Effects on Regional Employment and Unemployment

AbstractThis paper studies the effects of the introduction of Germany’s statutory minimum wage in 2015 on employment and unemployment on the level of regional labor markets. Using variation in the regional exposure to the new wage floor, we employ a difference-in-differences approach that compares the evolution of employment and unemployment between regions with varying minimum wage bites. Overall, we find no statistically significant effect of the introduction of the German minimum wage on regular employment subject to social insurance, but a statistically significant negative effect on marginal employment. The reduction is not accompanied by a proportional increase in unemployment.

Petycje w miastach na prawach powiatu województwa śląskiego

Niniejszy artykuł traktuje o tym, w jaki sposób miasta na prawach powiatu województwa śląskiego postępują z petycjami obywateli. Od czasu wejścia w życie Ustawy o petycjach do chwili wejścia w życie rozporządzenia o ochronie danych osobowych i w sprawie swobodnego przepływu takich danych (tzw. RODO) do władz 19 miast złożono 300 petycji. Analiza danych pozwala dojść do wniosku, że nie ma jednolitej praktyki postępowania wobec tychże spraw. Każdy podmiot inaczej podchodzi do kwestii procedowania petycji — część wykonuje swoje zadania wzorowo, stanowiąc przykład proobywatelskiej postawy, część ogranicza się do ustawowego minimum, a cześć nie wypełnia większości ustawowych zobowiązań. Artykuł zawiera również wnioski z przeprowadzonych badań dotyczące ustanowienia ogólnowojewódzkiej praktyki postępowania z petycjami, a także zalecenia nowelizacji Ustawy o petycjach w pewnych jej obszarach.

The Effects of the Statutory Minimum Wage – Taking Stock Four Years After Its Introduction

Germany did not establish a statutory minimum wage until 2015. Its introduction affected around 11 % of the workforce. Based on the German Minimum Wage Commission’s second report, we provide a broad review of the measurable effects so far. The examined effects range from wage development, employment, unemployment and vacancies to welfare dependency and the risk of poverty to labour costs, productivity, prices, profits and the competitive environment. We also discuss issues of compliance in relation to the implementation of the new wage floor.

Improving educational and labor outcomes through child labor regulation

We explore the effects of a child labor regulation that changed the statutory minimum working age in Spain in 1980. In particular, the reform raised the minimum working age from 14 to 16, while the age for compulsory education remained at 14 until 1990. To study the effects of this change on the incentives to work or study, we consider the different alternatives available at age 14 to individuals born at various times of the year before and after the reform. Before the reform, individuals born at the beginning of the year were legally able to work before finishing compulsory education. We show that individuals born at the beginning of the year were more likely to complete both compulsory and post-compulsory education if they turned 14 after the reform. The increase in educational attainment translates into better labor market outcomes in adulthood only partially. Depending on the level of socioeconomic development of the region, we provide evidence of differential impacts of the reform on men and women and offer plausible explanations for these differences. To the best of our knowledge, this is the first paper that, apart from increases in educational attainment, also finds relevant effects on long-term labor market outcomes from child labor regulations that forbid teenager work. We show that this type of regulation can be a generator of economic development and point to the conditions required for this to be the case.

Judicial Discretion and the Minimum Statutory Sentence for Migrant Smuggling through Indonesia

AbstractThe general, but false, perception of migrant smuggling through Indonesia, a large, archipelagic country, is that smugglers operate entirely on their own. In fact, the more complex smuggling operations rely on broad networks of foreign organizers as well as local intermediaries and ground staff. In 2011, the Indonesian legislature introduced a severe minimum sentence for any involvement in migrant smuggling with the expectation that the judiciary would apply the sentence in all future cases. However, some judges proceeded to hand down sentences below the statutory minimum, arguing that the punishment is not commensurate to the relatively minor roles played by locals. This article examines how judges at all levels of the judiciary did so in ten related cases. In conclusion, it argues that statutory sentences are not mandatory in Indonesia and that, by applying below-minimum sentences, judges not only maintain judicial independence; they also effectively exercise a judicial review function.

Patterns of welfare-to-employment transitions of Croatian Guaranteed Minimum Benefit recipients: a preliminary study

In this paper we explore the transitions of social assistance beneficiaries to employment in Croatia. Data was sourced from the social welfare register for 208 persons from the 2015 cohort of new, unemployed social assistance recipients in one Centre for Social Welfare, their outcomes tracked until June 2017. About a quarter of the recipients became employed within one year, in most cases with wages slightly higher than the statutory minimum. Out of them, about a quarter relapsed into social assistance status within a year. Following the World Bank Employment Barriers approach, we examine whether outcomes are associated with disincentives to work (inactivity trap), lack of work-related capabilities, or gendered engagement with in- household work. We found the average participation tax rate (PTR) for recipients to stand at 57%, yet no effect of PTR, benefit level, debt or PTR level on transition to employment was identified. With respect to capabilities, the role of human capital (vocational in particular), work experience and age turned out to be consistent with prior research. Substitution of inhouse work is consistent with the finding that women are less likely to get employed if living in a household with dependents.

Insufficient Implementation of the Statutory Minimum Wage Among Marginal Employees

In this article, we examine the implementation of the statutory minimum wage of €8.50 per hour for marginal employees (“mini-jobbers”) in Germany. Using two representative datasets, it can be shown that six months after the law came into force about 45% of marginal employees still received wages below the minimum wage threshold. Minimum wage violations are especially prevalent in low-wage sectors such as the hotel and catering sector (70%) and retail (52%), as well as in small establishments (58%). The minimum wage improved the wage situation in Germany, but the large number of violations suggest that more effective public controls are needed.

Development Issues of Social Parameters of Population Life in Discomfort Northern Territories of Russia (Exemplified by the Republic of Sakha (Yakutia))

The paper considers the transformation of social guarantees by the example of statutory subsistence minimum in theRepublicofSakha(Yakutia). It was revealed that the rate of decline subsistence minimum compared to climatically the less severe territories contributed to the aggravation of problems of social security. The structure of dynamics of the purchasing power of the population’s wages, both at the level of municipalities and for the main economic activities, shows social vulnerability of a person with the increase in climate discomfort that causes a decline in living standards and an increase in the migration mobility of the population.