Labor Law Research Articles

IMPROVING EMPLOYEE PERFORMANCE THROUGH COMPETENCE AND WORK DISCIPLINE : A CASE STUDY AT THE REGIONAL SECRETARIAT OFFICE OF PATI REGENCY

This study aims to determine employee performance strategies through competence and work discipline. The population and sample used were employees of the Regional Secretariat Office of Pati Regency in the general section, totaling 50 respondents. The data collected were 50 respondents from the Regional Secretariat Office of Pati Regency, specifically the general section. The sampling technique used is a saturated sample. Data collection methods using primary data. The analysis technique used is multiple linear regression analysis, the results of the analysis reveal that partial competence can be used as a strategy to improve employee performance through knowledge, skills, experience, attitudes, and education levels that support the positive and significant results of the analysis, as well as work discipline that to improve employee performance can use work discipline through high attendance, obeying the rules, obeying work standards, working ethically according to the results of the analysis which show positive and significant.

Aligning the new work environment with OECD Goal 8: a design case of a global automobile brand from Turkey

Purpose This paper aims to investigate the economic sustainability of new work environments by exploring how interior design strategies can contribute to the Organization for Economic Co-operation and Development (OECD)’s Sustainable Development Goal (SDG) 8, which focuses on decent work and economic growth. SDG 8 aims to foster sustained, inclusive and sustainable economic development, as well as full and productive employment. Design/methodology/approach The pilot study was conducted at a global automobile brand’s largest facility in Kocaeli/Turkey, where 102 employees participated in stakeholder meetings divided into 18 groups. Additionally, 46 employees were interviewed through focus groups and one-on-one sessions across nine encounters. The collected data were analyzed using deductive thematic analysis, interpreting codes and themes related to spatial politics, timing politics and hybrid working culture in the new work environment. Findings Identified themes include individually focused tasks, virtual collaboration, agile working, socialization and urban interaction. These themes are then traced through the conceptual design proposal developed by the interior design team and discussed in relation to their alignment with SDG 8.2 (diversify, innovate and upgrade for economic productivity), SDG 8.4 (improve resource efficiency in consumption and production) and SDG 8.8 (protect labor rights and promote safe and secure working environments for all workers). Research limitations/implications These three targets (for inclusivity and innovation, for environmentally sustainable and for employee well-being) were selected for their relevance in shaping the physical work environment. Originality/value The key finding of this paper is the need for a deeper understanding of economic sustainability in interior design and the contribution of SDG 8 targets on the spatial, temporal and cultural dimensions of new work environments. Brands committed to sustainability must adopt new work models and reimagine their work environments to enhance employee satisfaction and performance, through comprehensive user research and design solutions aligned with SDG 8.

Becoming and unbecoming academics: Classed resources and strategies for navigating risky careers.

Academics influence not only knowledge production but also selection to the labour market and policy development. They have power. Despite the sociological attention paid to class in higher education, few studies have examined the way in which class interferes with the careers of those navigating from being students to becoming scholars. Building on Bourdieu's theory of social reproduction, this study examines how class influences different groups' experiences of becoming academics. Based on 60 interviews with Norwegian scholars in their early to mid-careers, the analysis identifies the kind of classed resources that are in play in the unequal access to academic positions. Beyond more classical resources, such as financial, cultural, and psychological certainty, the interviewees point to the significance of an early familiarity with the rules of the game and strategic navigation of the academic system. We use these findings to discuss and nuance Pierre Bourdieu's perspectives on the role of incorporated, practical consciousness and disinterestedness in class reproduction in the academic world. This theoretical contribution facilitates the combined analysis of the implicit and the explicit ways that dominant classes preserve their position in the hierarchy, which the study demonstrates as key to social reproduction in academic careers.

“Workers in Saskatchewan Now Have a Clear-Cut Bill of Rights”

This paper examines the politics surrounding the construction, implementation, and administration of the Saskatchewan Trade Union Act (stua) between 1944 and 1950. The act is important because it reflects the first attempt by a social democratic government in North America to construct a system of labour law that ostensibly aligned socialist ideas with the rights of workers to form trade union freedoms. This makes the stua unique in Canadian labour and political history because the legislation demonstrated the policy priorities of the Co-operative Commonwealth Federation (ccf) and the Canadian Congress of Labour as both organizations were attempting to solidify their places in postwar Canada. This history reflects the fact that the ccf and the unions, like the left in general throughout the 1940s and 1950s, defined the working class narrowly, focusing attention on white and male breadwinners with women and racialized workers very much on the periphery. The history also demonstrates the inherent contradiction within social democratic reform politics, as the act extended numerous rights to workers to organize and collectively bargain but when those same workers pushed back against government decision-making during the province’s first public-sector strike in 1948, political tensions found many of those same social democrats acting in similar manners to their private-sector counterparts. These tensions within social democratic approaches to labour relations – so evident in the Saskatchewan experience – have become a central contradiction of the movement throughout the postwar period and continue today.

“Can you ban the bees from the honey?”: exploring an integrated labour law and geographical indications approach for protecting the rights of forest-dwelling communities over non-timber forest produce

ABSTRACT In this article, we study the fragmented approach of two Indian statutes, namely, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (“FRA 2006”) and the Geographical Indications of Goods (Registration and Protection) Act 1999 (“GIA 1999”). The article critically examines the labour law approach under the FRA 2006 and intellectual property ownership under the GIA 1999 with a specific focus on the production and commercialization of non-timber forest produce. The analysis leads to an argument for an integrated approach that starts with recognizing the agency of the communities, followed by guaranteeing protections under the labour rights approach and integrated protection through GIs. The integrated approach would facilitate cooperative experiments that go beyond strict private and public law distinctions. This can offer sustainable livelihood opportunities for forest-dwelling communities.

Research on the efficiency and spatiotemporal evolution characteristics of agricultural green development in central cities of the Yangtze River Delta

IntroductionAgricultural green development (AGD) prioritizes sustainable growth by integrating economic, ecological, and social dimensions, aiming to harmonize agricultural economic development with environmental protection and social progress.MethodsThis study integrates the three-stage super-efficiency DEA-SBM model with the BP algorithm, creating an advanced DEA-SBM-BP model to overcome the shortcomings of traditional DEA in evaluation and management processes. The study further applies the Dagum Gini coefficient, kernel density estimation (KDE), and Moran’s index to assess and forecast the efficiency and spatiotemporal evolution patterns of green agricultural development in key cities within the Yangtze River Delta.ResultsThe analysis shows that AGD in the central city of the Yangtze River Delta is overall balanced; however, substantial variations exist among cities within individual provinces. Factors like macroeconomic conditions, workforce quality, and policy support play a crucial role in promoting the efficiency of AGD. Among these, macroeconomic development level has a negative impact, while labor quality and policy support exhibit bidirectional effects. Infrastructure construction, digitalization of agricultural economy, and rural security have become key factors in the green development of modern agriculture. The green advancement of agriculture in the central Yangtze River Delta region typically exhibits a marked clustering effect; however, the local clustering reveals a trend toward dispersed development.DiscussionDespite the emergence of new characteristics in agricultural production in China within the context of high-quality development, differences in resource endowments and economic structures among cities continue to be significant factors contributing to regional imbalances and changes in the agglomeration patterns of agricultural development.

A EFICÁCIA DO TELETRABALHO APLICADO AO MENOR APRENDIZ À LUZ DA CLT

The adoption of teleworking has gained prominence in recent decades, especially as a result of technological transformations and the recent pandemic that accelerated its implementation. In the context of the Consolidation of Labor Laws (CLT), teleworking presents specific nuances and implications, particularly with regard to minor apprentices, who are in the training and professional development phase, and who face particularities that deserve attention when considering the effectiveness of this type of work. The purpose of this text is to discuss how teleworking, in light of the CLT, can be na effective alternative for young learners, analyzing the benefits, challenges and the need for legal adaptations to guarantee na enriching and safe learning experience.

The Motives of Lithuanian Inhabitants to Enrol in Kaunas Self-defence Battalions in Summer and Autumn 1941

This article examines the biographical data of Lithuanian inhabitants who served during the Nazi occupation (1941-1944) in Kaunas National Labour Protection battalion (TDA), and in the Auxiliary Police Service (PPT) 1st and 2nd battalions, formed in August 1941 on TDA’s basis. The number of people they killed distinguishes these battalions from other Lithuanian self-defence units. Throughout the history of Lithuania no other military structure killed as many innocent people as they did. Among other reasons, these battalions were chosen because more data on them survived. The goal of the article is to answer the question on what motivated Lithuanian inhabitants to join these battalions. This historical cognitive question is also relevant because it was not researched in the works of other historians on the Nazi period in Lithuania. The clues about the motives for joining these battalions can only be evaluated as hypotheses, the validity of which should be either confirmed or denied. The facts on the battalions’ participation in exterminating Jews and other groups of people leads one to the impression that Lithuanians joined these as well as other Nazi battalions with the incentive to murder. After completing the research on the biographical data it was ascertained that the opinion about joining for the motive of murder was not correct. This is confirmed by the circumstance that when joining the self-defence battalions, people were not aware that they would have to take part in the extermination operations of Jews and other groups. The troops were divided into four groups according to their motives for enrolling in military structures: 1) Patriots; 2) Unemployed and other jobseekers; 3) victims; 4) the insecure. Such classification is not strict, i.e. some persons can be attributed to several groups. By analysing the biographical facts of the troops who served in these battalions it was established that their motive for joining them was their patriotic inclinations, desire to have a job and receive payment, ambition to avenge the wrongs of the Soviet regime, willingness to avoid punishment for joining the Soviet regime, deportation to labour camps in Germany and to escape the fate of prisoners of war. In determining these inner motives, not only historical knowledge, but also knowledge of other science disciplines was used. The analysis of biographical data suggests that the inhabitants of the land who joined the self-defence units were motivated not by one, but rather several motives. They saw Kaunas TDA, 1st and 2nd PPT battalions as a means to satisfy their own inner motives. These motives led them to enrol in these military units in summer and autumn of 1941.

Leadership in the post-COVID-19 Work Environment: A Qualitative Study of Servant Leadership in an ICT Company

This study aimed to enhance understanding of servant leadership and its relevance given the worldwide turbulence that resulted from the COVID-19 pandemic. Employees experienced uncertainties and complexities during and post the pandemic and the study investigated whether servant leadership is capable of delivering a leadership approach that can meet the challenges of the modern workplace. Servant leaders are those who place the needs of their subordinates before their own. The research examined the participants’ conceptualisations of servant leadership by, firstly, exposing them to background information on this form of leadership, secondly soliciting managers’ perspectives on servant leadership and, thirdly, investigating ways in which its principles and values can be applied in an ICT company. A qualitative research design was employed, with in-depth interviews conducted with 18 purposively selected managers. The data were analysed using Braun and Clarke’s (2006) thematic analysis approach. The study found that the majority of participants embraced servant leadership principles and were motivated by serving employees’ interests. An important finding was the relevance of explaining the concept of servant leadership prior to the interviews, which enabled participants who had no exposure to this concept to understand it. Servant leadership, which values collaboration and shared foresight while accepting accountability and challenging goals to maintain high work standards, was unanimously deemed a viable form of leadership that would benefit an organization if successfully implemented. The benefits identified by participants included employees feel valued and trusted, which motivates them to provide clients with quality service.

Public pension contract minimalism

AbstractThe national pension debt and COVID crises have collided. Post‐pandemic economic decline has escalated existing financial strains on state and local pension plans, impacting workers and the public welfare. With unfunded obligations exceeding one trillion dollars, many of these plans are in jeopardy. But the movement to reform government pension contracts has yet to adopt an anchoring idea, leaving judicial decisions in disarray and policymakers without guidance about how to shore up troubled retirement systems. The crux of the problem is the many meanings of contract under state and US Contract Clauses that prevent pension reform. This Essay endorses a promising path forward—contract minimalism. “Contract minimalism” concentrates on the duration of government pension contracts. It posits that public and private employment law should be treated the same. Like its private law counterpart, public sector employment at‐will ought to consist of a daily contract interval. A contract‐a‐day concept entitles employers to change the plan prospectively, with employees receiving a proportionate share of benefits for work performed. Just as several agreements safeguard salaries for labor, they should also mirror the protection afforded to deferred benefits like pensions. Contract minimalism additionally puts public and private sector employers on the same legal footing as to the authority to change pension plan terms. Thus, it aligns public pension benefits with overlapping fields of law, placing them on a firm conceptual foundation. The minimalist approach also has the advantage over approaches that are insufficiently attentive to scarce government resources or employee old‐age security. By protecting pension benefits early and incrementally, it advances a middle path with fairer, more coherent results. In the present post‐pandemic era of hard choices, minimalism provides an equilibrium between the over‐ and under‐protection of pension benefits.

Worldviews of Employment in Coast Salish Communities

Abstract While Canadian law has started to seriously grapple with questions that relate to reconciliation with Indigenous communities and laws, much of the focus is on specific, often resource-based, projects. As a result, there has been relatively little attention paid to other aspects of reconciliation, such as how legal aspects of employment may be re-evaluated. Employment law is a useful place to start as employment is a fundamental aspect of a person’s life, providing both financial support and a contributory role in society. This paper examines how different societal values impact employment law and in particular, how Coast Salish worldviews and law may impact, facilitate, and resist, the employment legislation in force in British Columbia.

Arbitration and Wrongful Termination Claims: An Evaluation of Fairness and Efficiency in Labour Dispute Resolution

This paper shall review the position of arbitration in wrongful termination claims, especially regarding its effectiveness as a system of labour relation dispute resolution. Employment disputes specifically wrongful dismissal lawsuits stem from contractual breaches and violations of labour laws which may take time and cost a lot of money. Arbitration is seen as a suitable process for resolving disputes more effectively because it is faster, slightly cheaper, and does not attract public attention. As is to be expected there are some problems, some minor issues to be addressed. As for the problems the main issue regards the nature of arbitration and the fact that a major principle against it is the imbalance of power between employers and workers. Used in the study is both a synthesis of the current literature and qualitative interviews conducted with stakeholders, namely, arbitrators, legal commentators and employees. The implication herein is that while arbitration is effectiveness-oriented, it lacks procedural equity which is overshadowed by employer-biased scales. Based on the findings of this paper, this paper asserts that while using arbitration as a means of minimizing the time and money spent on wrongful termination claims, changes should be made in an effort to tackle the issues of partiality and bias.

The Role of Arbitration in Resolving Collective Labour Disputes: A Comparative Study of Public and Private Sectors

This paper aims at analysing how arbitration is used to solve collective labour relations by evaluating the application and results in both the public and the private sectors. This paper aims at assessing the effectiveness of arbitration as one of the ADR methods in dealing with disputes, in the two sectors. In the course of the study, the research compares arbitration with a view to identifying its effectiveness in sustaining industrial peace and reducing strikes. Employing a qualitative research design, data was collected from literature, case analyses and works from labour organisations. The results show that arbitration really works in both sectors, though the process is dependent on the legal and institutional frameworks. Arbitration is much more structured in the public sector because of legislation than it does in the private sector where flexibility results in swift outcomes. This paper concludes by identifying the policy significance of these findings for labour policy reform and exploring future research directions.

O IMPACTO DA INTELIGÊNCIA ARTIFICIAL NAS RELAÇÕES DE TRABALHO

The advancement of Artificial Intelligence (AI) in labor relations is significantly transforming the professional environment, impacting the organization, execution, and control of various work activities. This article aims to analyze the effects of AI on the labor market, with a focus on protecting workers' rights. Initially, the implementation of AI has raised concerns about the replacement of workers by machines and automated systems, especially in repetitive and operational sectors. The study addresses the need to adapt labor laws to ensure the maintenance of workers' fundamental rights, such as dignity, protection against arbitrary dismissal, the right to privacy, limitation of working hours, and respect for adequate breaks, even in highly digitalized environments. Thus, the methodology used in this study analyzes, through a bibliographic review based on different ideological currents and arguments, with the aim of presenting in an academic manner to society through research and analysis, in the legal and ethical context, the need to adapt labor laws to guarantee workers' rights in the face of the advancement of artificial intelligence. Finally, it is concluded that, despite the transformations imposed by Al, it is possible to guarantee the full protection of workers' rights through inclusive public policies, updated legislation and the strengthening of unions and workers' organizations. Thus, the use of Al can be an ally for the development of the labor market, as long as equity and social justice are ensured in the implementation of these technologies.

What Is Human Resources Law?

Abstract Human Resources (‘HR’) Law is not a term much used by legal scholars. In law schools throughout the English-speaking world, one encounters courses on employment law, labour law and, less frequently, work law, but no courses on ‘HR law’. Outside of law schools, however, the term is common parlance, at least in North America. But what is HR law? Is it nothing other than employment law, rebranded to appeal to firms and other employing organisations? In this paper, we argue that HR law reflects and reinforces a particular paradigm or vision of work relations that is quite distinct from traditional understandings of labour law’s defining purpose. When it comes to interpreting and applying employment law, moreover, human resource management professionals and HR lawyers assume positions of authority—positions of authority that might be recognised within firms by senior management and, beyond the firm, by courts, policy makers and legislatures. To what extent and with which consequences this is so, is likely to be jurisdiction-specific and demands further investigation.

Using Artificial Intelligence in Employment: Problems and Prospects of Legal Regulation

Objective: to identify the legal problems of using artificial intelligence in hiring employees and the main directions of solving them.Methods: formal-legal analysis, comparative-legal analysis, legal forecasting, legal modeling, synthesis, induction, deduction.Results: a number of legal problems arising from the use of artificial intelligence in hiring were identified, among which are: protection of the applicant’s personal data, obtained with the use of artificial intelligence; discrimination and unjustified refusal to hire due to the bias of artificial intelligence algorithms; legal responsibility for the decision made by a generative algorithm during hiring. The author believes that for the optimal solution of these problems, it is necessary to look at the best practices of foreign countries, first of all, those which have adopted special laws on the regulation of artificial intelligence for hiring and developed guidelines for employers using generative algorithms for similar purposes. Also, the European Union’s and USA’s legislative work in the area of managing risks arising from the use of artificial intelligence should be taken into account.Scientific novelty: the article contains a comprehensive study of legal problems arising from the use of artificial intelligence in hiring and foreign experience in solving these problems, which allowed the author to develop recommendations to improve Russian legislation in this area. As for the problem of applicants’ personal data protection when using artificial intelligence for hiring, the author proposes to solve it by supplementing the labor legislation with norms that enshrine the requirements for transparency and consistency in the collection, processing and storage of information when using generative algorithms. The list and scope of personal data allowed for collection should be reflected in a special state standard. The solution to the problem of discrimination due to biased algorithms is seen in the mandatory certification and annual monitoring of artificial intelligence software for hiring, as well as the prohibition of scoring tools for evaluating applicants. The author adheres to the position that artificial intelligence cannot “decide the fate” of a job seeker: the responsibility for the decisions made by the algorithm is solely on the employer, including in cases of involving third parties for the selection of employees.Practical significance: the obtained results can be used to accelerate the development and adoption of legal norms, rules, tools and standards in the field of using artificial intelligence for hiring. The lack of adequate legal regulation in this area creates significant risks both for human rights and for the development of industries that use generative algorithms to hire employees.

The Role of Labour Law in Enabling Mechanisms for Mitigating Military Conflicts. A Legal Model of Peace

The world is perpetually shaken by various forms of military conflicts, and these occurrences have consistently captured the attention of the International Labour Organization (ILO) due to their profound impact on far-reaching consequences on an international labour market. Our study aims to address potential strategies for mitigating risks arising from military conflicts. We firmly believe that labour law should be highly flexible and centered on neutralizing the ramifications of conflicts for states and citizens. Our research question guides the examination of labour law, using the ILO and Swiss labour law as cases, considering the location and scale of the military conflict. Existing literature on the development of the ILO’s legal and regulatory framework predominantly focuses on events, with limited attention given to analyzing the connections between them and lessons for the present. It is crucial to explore these connections to prevent the repetition of negative historical patterns and the compounding of problems. We express deep concern regarding the impact of military zones on the world of work. There is an imperative need for heightened attention to labour law response mechanisms. We strongly claim certain spheres of work must remain neutral concerning military conflicts. Labour law has long been engaged in formulating specific rules of conduct for employers and employees during the outbreak of armed conflicts. We contend labour law norms can serve as a means of promoting peace. In this regard, digital tools like the «Digitale Peer-Gruppen-Beratung» can prove instrumental in implementing pre-agreements among nations, employers, trade unions, and workers. By expanding functions from consultative to providing relocation of groups of workers due to the unscrupulous foreign policies of their countries we would contribute to a more peaceful world. This should be based on having pre-established agreements between nations regarding the fair and equitable distribution or temporary deployment of labour resources, particularly those crucial to the military and related industries of the conflicting parties. The concept of a strike merits consideration as a democratic tool, wherein workers relocate centralized because of disagreement with their country’s policies. It necessitates clarification to ensure non-interference in the internal affairs of nations and to consider industry-specific factors (e.g., continuous production cycles).

ANALYSIS OF THE CAUSES OF ACCIDENTS IN THE OIL AND GAS INDUSTRY

In the modern world, the oil and gas industry plays a key role in ensuring the energy security of countries. An important problem of this industry is the high level of accidents on main pipelines. The importance of issues of ensuring the safety of production processes and working conditions of personnel is obvious: accidents that occur at enterprises can paralyze work for a long time, attracting the attention of the media and regulatory authorities, causing not only financial but also significant image damage. In connection with the above, the analysis and statistical study of accidents in this area have become relevant in recent years. Occupational safety measures include risk assessment at workplaces, briefings, medical examinations, provision of personnel with personal protective equipment, special assessment of workplaces, occupational safety days, etc. In order to restore the technical and economic indicators of the oil and gas industry, increase reliability and trouble-free operation, complexes of measures are carried out to repair, reconstruct and modernize the components of the main gas pipeline. Ensuring industrial safety during repair work depends on both the reliability of the process equipment and the reliability of the personnel, since a significant number of accidents and incidents occur due to reasons related to the influence of the human factor. Many studies have been devoted to the problem of management in the field of labor protection and ensuring safety at work. Despite the significant number of works, a practical lack of developments on the issues of managing the processes of ensuring safety and labor protection at enterprises in the oil and gas industry has been discovered, which indicates the need for a more in-depth study of this topic.

Moving the goalposts in Qatar: Tracing the labour reform process by and through transnational players

This article traces the process which led the state of Qatar to take steps towards reforming its labour laws that had historically severely restricted the rights and freedoms of migrant workers who make up the majority of its workforce. Our premise is that the 2022 World Cup served as a catalyst for Qatar to enact significant labour reforms due to a complex array of events harnessed by the actions of key actors, notably the global labour movement. We use political process theory which we operationalise in a novel manner, that is, through the process tracing methodology which allows us to demonstrate that it was a combination of internal and external factors (events, actors, strategies) which ultimately pushed Qatar to rapidly introduce legal and policy changes as well as taking steps to amend its hostile institutional environment.

Contrasting discourses: Digital precariat or flexible entrepreneurship? A corpus-assisted discourse analysis of platform work in German and Finnish business newspapers

Platform work as a new form of work is a globally discussed research topic in various research fields, such as social sciences, economics and labour law. Previous research identifies the significant impact platforms have on work, labour market and society. This article brings a linguistic approach to the topic, analyzing and comparing the discussion on platform work in German and Finnish business newspapers in 2017–2021. The corpus-assisted discourse analysis shows that platform work is discussed in both media partly in same contexts, such as in platform work’s effect on labour market and society, the unclear employment status and the need for stronger regulation. However, the analysis is able to tease out aspects and distinctions of platform work in the media not shown previously. Findings show that the German Handelsblatt represents platform work as a challenge to society with strong regulation requests, whereas the Finnish Kauppalehti highlights the possibilities platform work provides to entrepreneurship and labour market.