Labor Law Research Articles

Cancellation of the ZEDE law in Honduras and international investment law issues

Purpose In 2013, Honduras Congress passed the Zones for Employment and Economic Development (ZEDE) Organic Law, along with some constitutional changes, to create ZEDEs, which are essentially special economic zones with some unique features. Prospera Honduras Inc., a company with substantial United States investment, invested in Honduras relying on the ZEDE Organic Law and the Free Trade Agreement between Central America, the Dominican Republic and the United States of America (CAFTA-DR). In 2022, Honduras cancelled the ZEDE Organic Law, allegedly harming Prospera Honduras Inc.’s investments. Prospera and some other foreign investors have initiated an investor-state arbitration against Honduras for several alleged breaches of CAFTA-DR provisions. Honduras has remained silent and decided not to participate in the arbitration. This paper aims to examine whether the cancellation of the ZEDE Organic Law gives rise to international investment law obligations under the CAFTA-DR. Design/methodology/approach This is a doctrinal research and contains qualitative analysis. Findings The article concludes that CAFTA-DR preserves some regulatory space for host states; therefore, it would be wrong to assume that the arbitral decision in Prospera Inc. and others v. Honduras will favour only the foreign investors. This article also argues that, drawing insights from this dispute, future International Investment Agreements should better preserve Indigenous people’s rights. Moreover, the host states should reconsider whether they intend International Investment Agreements (IIAs) to apply to special economic zones in future. Originality/value There is no existing scholarly work examining the international investment law issues relating to the cancellation of ZEDEs in Honduras. Therefore, the findings of this article will be novel.

Original Dualisms Labor Law and Casual Work in Portugal and Romania (1920s–1960s)

ABSTRACTThis article argues that any historical explanation of the emergence of dualism in the labor market should take labor law seriously for two intertwined reasons: first, because before there could be a dualism of insiders and outsiders in the market, there was an original dualism inscribed in statutory legislation covering employment contracts; and second because before there could be a neat distinction between a primary and a secondary sector, there was a prevailing legal hierarchy that rewarded the stability of the most stable employees while concomitantly rescinding protection from casual workers. The article asks how these original dualisms were overcome during the better half of the twentieth century, and what mechanisms might explain the eventual collapse of the legal distinctions between various types of employees and the differential distribution of rights that came with it. Empirically, the article draws comparatively on the social and legal history of Portugal and Romania from the 1920s to the 1960s to propose a historically rich and conceptually fresh interpretation of the emergence of “standard employment” on the two peripheries of Europe.

Analysis of the health effects of multiple social networks on the older adult: the substitution role of labor participation

ObjectivesThis study aims to examine the role of social networks in influencing the physical and mental health of older Chinese adults, investigating both the underlying mechanisms and the associations between social networks, labor force participation, and health outcomes.MethodsUsing data from the 2021 China General Social Survey (CGSS), we analyzed a sample of 1,332 older adults, incorporating demographic and health-related variables. Ordinary least squares (OLS) regression and mediation analysis were conducted to evaluate the effects of social networks on health outcomes, with subgroup analyses by gender and education level. Stata 18.0 and SPSS were employed to perform all statistical analyses.ResultsSocial networks demonstrate a significant positive effect on overall, physical, and mental health at the 1% level, with weak-tie networks exhibiting a more substantial impact on health (β = 0.1146, p < 0.01). In promoting physical health, social networks have a coefficient of 0.1371 (p < 0.001) for females and 0.2128 (p < 0.001) for males. Among individuals with lower education, the coefficient is 0.1561 (p < 0.001), while for those with higher education, it is 0.2184 (p < 0.001). Regarding mental health, social networks yield a coefficient of 0.0747 (p > 0.05) for females and 0.1095 (p < 0.01) for males; for individuals with lower education, the coefficient is 0.0914 (p < 0.01), and for those with higher education, it is 0.0441 (p > 0.05). Media use, subjective wellbeing, and perceived social class are key explanatory mechanisms in the relationship between social networks and health of the older adult. Notably, subjective wellbeing and perceived social class function as chain mediators between social networks and health outcomes. The interaction between social networks and labor participation reveals a significant negative coefficient (β = −0.1864, p < 0.01).ConclusionSocial networks contribute to improved health in older adults, with weak ties playing a particularly significant role, although the effect varies across subgroups. Media use, subjective social class, and wellbeing are important mechanisms linking social networks with older adult health, while labor force participation may serve as a substitute for social networks in health promotion among older adults. This study will inform the improvement of older adults health and the development of labor policies for older adults.

Transformative Constitutionalism and Labour Rights in Latin America´s 4.0 Revolution

This article explores how Transformative Constitutionalism influences the protection of labour rights amidst the challenges of the 4.0 Revolution in Latin America. Through a qualitative analysis of literature, legislation, and jurisprudence, the study evaluates the evolution of labour law in the face of digitalization and automation. Thematic analysis reveals significant developments in adapting labour rights to emerging situations such as teleworking and digital platforms. A jurisprudential analysis of nine landmark cases from Latin American courts highlights how the judiciary, guided by Transformative Constitutionalism, interprets and applies labour law to affirm basic rights in non-traditional work contexts. In cases involving digital platforms in Chile, Argentina, Uruguay, and Brazil, the courts have recognized employment relationships and granted labour protections to workers initially classified as independent contractors. The courts in Colombia and Chile have also expanded labour rights to include reasonable accommodations for workers with disabilities through telework, while recognizing the right to digital disconnection as a fundamental right. However, challenges persist in effectively safeguarding workers in the digital economy, as the courts may face constraints in responding to the full scope of changes in the world of work. The article emphasizes the judiciary’s crucial role in recalibrating legal frameworks to ensure social and labour justice in an increasingly technological environment. The continued evolution of national jurisprudence and legislation, informed by Transformative Constitutionalism, is vital to keep labour rights at the centre of development.

Enhancing legal research through knowledge-infused information retrieval for Vietnamese labor law

<p>The role of intelligent information retrieval systems in legal research optimization has become increasingly recognized. There are many methods for exhibiting advance mentsin the proficient retrieval of legal documents. However, those methods fail to tackle the specific challenges encountered in real-world labor law searches. This research breaks new ground in Vietnamese labor law retrieval by leveraging a comprehensive dataset of 300,000 documents a cross diverse cat egories (20 document types and 27 legal fields) to train and evaluate retrieval models specifically designed for Vietnamese labor law. Unlike previous approaches, this work goes beyond simple information retrieval. It also constructs question & answer (Q&A) dataset specifically tailored to this legal domain. Be sides, this study introduces a novel approach of in corporating a legal ontology built from the data set itself. This knowledge in fusion significantly improves retrieval performance across legal search tasks, as demon strated through rigorous experimentation. These advancements empower intelligent systems to grasp the intricate semantic nuances of Vietnamese labor law.</p>

CHALLENGES AND PROBLEMS IN LABOUR LAW FROM THE PERSPECTIVES OF INDONESIA AND MALAYSIA

This study provides a critical comparative study of the labour laws of Indonesia and Malaysia, two of the most prosperous economies in Southeast Asia, but with different legal systems due to their respective political, socio-economic and colonial legacies. A wide range of topics were discussed, covering almost all major issues related to the laws affecting practise, namely historical development and legal reforms, current challenges related to wage inequality, migrant workers and enforcement of labour protection. A qualitative comparative analysis was conducted based on primary legal documents, including the Indonesian Omnibus Law on Job Creation and the Malaysian Employment Act 1955 as amended, supplemented by secondary sources such as policy papers and academic articles. The findings suggest that decentralisation in Indonesia leads to uneven enforcement across regions, while Malaysia's centralised administration falls short in protecting migrant workers. In both countries, economic growth clashes with labour rights, with Indonesia struggling with a largely informal sector and Malaysia with a very high dependence on migrant workers. The discussion emphasises the fact that while recent legislative reforms have taken place, weak enforcement and problematic dispute resolution reflect the persistent problems. The study concludes by outlining policy implications that support strengthening enforcement mechanisms, formalising the informal sector and adhering to international labour standards to promote good employment practises. The results obtained with such a methodology contribute to the discourse on labour law and provide insights for policy makers, academics and other stakeholders concerned with the dynamics of the labour market in Southeast Asia.

Decent Work, Meaningful Education or Potential Exploitation? The Role of Universities in Ensuring the Quality of Academic Internships in Australia, Finland and France

Academic internships have become a well-entrenched feature of the tertiary education landscape and are perceived to facilitate the transition into graduate employment. However, such experiences straddle the worlds of work and education, which begs the questions: should they be regulated as work, or learning, or through specific regulation and what role should universities have? This paper examines the educational and labour regulation applicable to academic internships in Australia, Finland and France and presents qualitative empirical insights examining how university staff in each jurisdiction manage academic internships in the context of local labour laws and educational regulations. It is concluded that national regulations in France regulate academic internships so as to achieve ‘meaningful education’ for participants, while in Finland the regulatory approach appears to be tailored to ensuring academic interns are engaged in ‘decent work’. In contrast, Australia’s current regulatory context appears inadequate to consistently ensure either of these outcomes, leaving academic interns at increased risk of having neither a meaningful educational experience, nor decent work, and being exploited. Universities in Australia and Finland have an increased role in guaranteeing quality internships. However, the preliminary empirical data suggests that this role may not be consistently fulfilled.

Organization capital, dividends and firm value: International evidence

This study investigates the relationship between organization capital, dividends, and firm value across 61 countries. We find that firms with higher organization capital distribute more dividends. By exploiting changes in the stringency of national labor regulations, we demonstrate that this effect strengthens when labor markets become more flexible. Additionally, we document that the market places a premium on dividend payouts from firms with higher organization capital. Further analysis reveals that this premium differential and the positive organization capital-dividend payouts relationship, are more pronounced in firms and countries marked by substantial agency issues. The robustness of our evidence is affirmed through several endogeneity tests, supporting the agency view of organization capital.

Labor Law Analysis of the Implementation of Menstrual Leave for Female Workers

Menstruation is a biological function that occurs naturally and is important in contributing to reproduction for all women. Even though it is a reproductive function that is experienced naturally by women, the experience of menstruation can vary, from mild symptoms to severe symptoms. As a result of menstrual symptoms on the first and second day experienced by almost all women, this causes their activities, performance and quality of life to be disrupted. This is a consideration for the Government to implement menstrual leave for companies in Indonesia. Menstrual leave was implemented by the government in labor law No.13 of 2003. The creation of labor law regulations was nothing more than a relief to working conditions for female workers. Although the law recognizes the right to menstrual leave, there are many obstacles to exploiting the right which requires a lot of practical activities and a deep understanding of more real situations or actions.

Reducing mother's pain during childbirth in space and how the delivery will proceed during the mission

Childbirth in space presents unique challenges, particularly concerning the management of labor pain. According to animal studies, labor contractions in microgravity can be twice as intense, resulting in greater pain for the mother. This article explores non-pharmaceutical methods for reducing labor pain in space, given the risks associated with using pain-relief medications in such an environment. Techniques such as the Dick-Reid method, Bradley's method, remote family communication, music therapy, and controlled breathing exercises are discussed. These methods aim to substitute awareness for fear, leverage emotional support, and use sensory stimuli to alleviate pain. Furthermore, this article details an operational plan for conducting the delivery during a space mission, ensuring the safety and well-being of both the mother and the baby.

Assessment of Domestic Solid Waste Management Status in Ba Be District, Bac Kan Province, Vietnam

The study has applied some traditional research methods to assess the current status of domestic solid waste (DSW) management and suggest solutions for DSW management in Ba Be district, Bac Kan province, Vietnam. The results showed that the total amount of DSW is 10 tons/day The composition of DSW includes organic matter (67.52%), inorganic matter (22.13%) and hazardous waste (0.32%). Ba Be district currently has only 4/16 communes and towns with incinerators, 01 centralized waste treatment area in Banh Trach commune, with a capacity of 500 kg/h, only receiving DSW from Cho Ra town and some villages in neighboring communes. Rural DSW is mainly collected and treated simply by manual burning, or buried in the garden of the household. The rate of collected and treated rural DSW is only 50%. Although the local government has made great efforts in the DSW management, however the DSW management still has many shortcomings such as lack of human resources and equipment for collection and labor protection; many localities do not have DSW collection points and have not yet implemented environmental protection fees for DSW; rural DSW has not been effectively treated. Source-based DSW classification has not been implemented in communes and there is still no mandatory mechanism.

Juridical Analysis of the MBKM Internship Program from the Perspective of Employment Law and Constitutional Law: Between Fulfilling Student Rights and Obligations of Educational Institutions

This research aims to analyze the impact of the Freedom to Learn-Independent Campus (MBKM) Program on students' rights in the context of higher education in Indonesia. The MBKM Program is expected to bridge the gap between education and industry, providing students with opportunities to develop practical skills. However, this research identifies several challenges faced by students, particularly concerning their legal status as interns and the protection of their labor rights. The research employs a qualitative analysis method with a case study approach, which includes interviews and the collection of secondary data from relevant documents and reports. The findings indicate that although the MBKM Program offers significant benefits in enriching students' learning experiences, the current regulations remain unclear and lack sufficient oversight, which may lead to exploitation. Therefore, this research recommends the need for harmonization between educational and labor regulations, as well as strengthening oversight systems to ensure the protection of students' rights. This study aims to contribute to the development of fairer and more sustainable education policies in Indonesia.

Enforcement of Labour Law Policies Among Civil Servants: A Meta-Analysis Research

Labour policies serve as the foundation for efficient compliance and the enforcement of labour laws. However, the different enforcement strategies and systems lead to challenges for civil servants in enforcing labour laws as well as promoting business compliance among employers. Thus, this study aims to identify the elements of enforcement of labour law policies among civil servants via meta-analysis techniques. This meta-analysis thoroughly examines and synthesises the results of 10 research that were published between 2014 and 2024 to look into how civil servants implement labour laws. The inclusion criteria that determined the selection of the research included factors like the elements of enforcement, geographic coverage across various regions, and significance to labour law enforcement in public sectors. After a qualitative analysis, there are four elements of the enforcement of labour law policies among civil servants can be identified (1) Enforcement and effectiveness of labour law policies, (2) Implementation of standard operating procedures in labour law policies, (3) Knowledge and skills of labour law policies among civil servants and (4) Inspection capabilities among civil servants. The findings furnish evidence-based suggestions for policy enhancements and identify important elements impacting enforcement effectiveness.

The Obsolescence of Labour? Philosophical-Political Reflections on Contemporary Manifestations of Labour

The coordinates of contemporary labour are in continuous and rapid transformation. On the one hand, precariousness and flexibility are watchwords in today’s labour policies. On the other hand, the encroachment of working time into living time, as well as the accelerated platformisation and automation of workplaces, leads us to reflect on the issue of human dignity and freedom. Already in the middle of the last century, the philosopher of technique Günther Anders questioned whether the obsolescence of the human being does also concern the obsolescence of labour. In fact, he had already foreseen how contemporary workers are unfree not only because they are excluded from the ownership of “their” means of production or products, but because they do not overlook the whole of the production context in which they are integrated. At the same time, workers do not know the end product and its meaning - these remain “transcendent” issues. Against this background, we intend to discuss the extent to which the traditional concept of labour is obsolete through the analysis of its fundamental coordinates: space, time and relations. The main purpose will be to highlight risks and perplexities regarding the new dimension of labour. This will be done through the interpretative lens of political philosophy but without excluding transdisciplinary and intersectional insights.

Socio-Economic and Demographic Determinants of Fertility in Azerbaijan: the Role of Son Preference

The paper analyses fertility and reproductive behaviour in Azerbaijan with a focus on the impact of socio-economic and cultural factors. Particular attention is paid to the impact of mothers’ level of education, economic wealth well-being of families and cultural preference for sons. The study is based on the data from the Multiple Indicator Cluster Survey (MICS) 2000, 2006 Azerbaijan Demographic and Health Survey (AzDHS 2006), and the Republic of Azerbaijan’s Ministry of Labour and Social Protection of Population (MLSP) survey for 2015-2017. Econometric methods allowed to identify the relationship between having many children in a family and such factors as mother’s higher education, level of family wealth and son preference.

Caught in the Labyrinth of Unemployment: A Legal Analysis of Technology’s Transformative Role in Reshaping Active Labor Policies in Greece

Caught in the Labyrinth of Unemployment: A Legal Analysis of Technology’s Transformative Role in Reshaping Active Labor Policies in Greece

Juridical Analysis of the Legal Protection of Workers / Laborers Against Termination of Employment That Is Not in Accordance with Law Number 6 of 2023 concerning Job Creation

Law No. 6 of 2023 on Job Creation aims to encourage economic growth in Indonesia, but it also brings significant changes to labor regulations, including the expansion of the reasons for Termination of Employment. This research aims to analyze legal protection for workers who are laid off not in accordance with the provisions of the law. In addition, this study seeks to understand the challenges of protecting workers' rights in the midst of increasingly complex labor dynamics. The approach used is a normative approach, analyzing various related regulations, especially the Job Creation Law and the Employment Law. This study also examines the theory of legal certainty, justice, and legal protection as an analytical framework. Using a case study approach, this study analyzes the case of unilateral termination of employment at PT BFI Finance as a concrete example to assess the application of legal provisions in practice. The research method used is normative legal research with secondary data, including primary, secondary, and tertiary legal materials. The results of the study show that the Job Creation Law provides a clearer legal framework regarding the layoff procedure and legitimate reasons. However, there are challenges in the implementation and enforcement of the law that need to be overcome, considering that there is still a gap between legal provisions and practices in the field that can be detrimental to workers' rights. The research recommendations include the need for more intensive socialization to workers and employers about the new provisions, as well as consistent law enforcement to protect workers' rights.

Placenta Thickness Mediates the Association Between AKIP1 Methylation in Maternal Peripheral Blood and Full-Term Small for Gestational Age Neonates

Background/Objectives: A-kinase-interacting protein 1 (AKIP1) has been discovered to be a pivotal signaling adaptor in the regulation of human labor and associated with preterm birth, but its effect on fetal growth was still unclear. Meanwhile, the regulation role of DNA methylation (DNAm) on placental and fetal development has been demonstrated. Therefore, we aimed to investigate the association of AKIP1 DNAm in maternal peripheral blood with placental development and full-term small for gestational age (FT-SGA) neonates, and to explore whether placenta mediate the association between AKIP1 DNAm and FT-SGA; Methods: This study was a case–control study including 84 FT-SGAs and 84 FT-AGAs derived from the Shenzhen Birth Cohort Study. The DNA methylation analysis of CpG in the target region of the AKIP1 gene was measured by the Sequenom MassARRAY EpiTYPER approach. Multiple-variable logistic and linear regression analyses were used to estimate the association between the DNAm of three validated CpG sites in the AKIP1 gene, placental thickness, and FT-SGA. Mediation analysis was used to examine the mediation effect of placental development on the association between the DNAm of AKIP1 and FT-SGA. Results: For every increment in standard deviation in the DNAm of CpG4 (cg00061907) at AKIP1, the risk of FT-SGA elevated by 2.01-fold (aOR = 2.01, 95%CI = 1.39~3.01), and the thickness of the placenta significantly decreased by a 0.19 standard deviation (β = −0.19, 95%CI = −0.32~ −0.06). Placental thickness mediated the 22.96% of the effect of the DNAm of CpG4 at AKIP1 on the risk of FT-SGA with statistical significance. Conclusions: The findings in the present study suggested the mediating effect of placental thickness on the association of the DNAm of AKIP1 in maternal peripheral blood and the risk of FT-SGA, providing new evidence for the mechanism of maternal epigenetics in placental and fetal development.

Protection Strategies for Interstate Migrant Workers in Kerala: An Urgent Call for Policy Reforms

Interstate migrant workers in India are highly disenfranchised, often facing exploitative labour conditions without access to social protection, healthcare, housing, or other basic rights. Their informal employment leads to precarious living situations and limited worker rights. Despite their significant contribution to India's GDP, these workers are denied full citizen rights, exacerbating their economic vulnerabilities. Addressing these issues requires recognizing them as right-bearing citizens, entitled to essential services and protections. Policy measures should focus on empowering these workers, enhancing their economic security, and ensuring their rights as equal members of society. Kerala has seen a substantial influx of interstate migrant workers, with approximately 3.4 million migrants as of 2021. This migration shift from South-South states to North East-South, as indicated by Census 2011 data, highlights the diverse origins of these workers seeking employment opportunities. Despite policies aimed at their support, many migrants remain outside these protective measures. The authors' fieldwork reveals pervasive human rights violations, including inadequate shelter, unequal wages, and limited access to labour and health protections. Legally Indian citizens, these migrants often face systemic denial of their constitutional and human rights, with international and national human rights standards unmet in Kerala. This paper emphasises the economic vulnerabilities of migrant workers and the concept of right-bearing citizens, advocating for policy reforms to bridge the gap between policy and practice. Recommendations include strengthening policy implementation, enhancing legal protections, raising awareness, improving access to services, and promoting social inclusion.

Economic Assessment of Soybean Production in Amravati District: Costs, Returns, and Farm Size Dynamics

Economic Assessment of Soybean Production in Amravati District: Costs, Returns, and Farm Size Dynamics