scholarly journals A review of migrant labour rights protection in distant water fishing in Taiwan: From laissez-faire to regulation and challenges behind

Marine Policy ◽  
2021 ◽  
Vol 134 ◽  
pp. 104805
Author(s):  
Kuo-Wei Yen ◽  
Li-Chuan Liuhuang
2018 ◽  
Vol 6 (2) ◽  
pp. 16-20
Author(s):  
Валентина Микрина ◽  
Valentina Mikrina ◽  
Дамир Бекяшев ◽  
Damir Bekyashev

Restriction or lack of capacity to be engaged in labour activities must not become an encumbrance for efficient employment of people with disabilities. International legal protection of such a vulnerable group should be based on the principles of complete equality of rights and full participation in the life of society. The article deals with the international legal mechanisms of labour rights protection of people with disabilities under the acts passed by the UN and ILO. Ensuring due legal protection of labour rights of people with disabilities in the world of work will facilitate their realization of the right to decent work, which is the main goal of the regulatory activity of the ILO.


2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Tapiwa G Kasuso ◽  
Tinashe Madebwe

SUMMARY The protection of individual labour rights in Zimbabwe is deficient despite the fact that the Constitution protects these rights. In looking to explore how this could be addressed, this article considers the evolution of the state's obligation to protect individual labour rights to this point and relies on individual labour rights protection at a global level with particular insights drawn from the approach taken to the protection of these rights in two jurisdictions, namely, England and South Africa. The approach to the protection of individual labour rights in these two jursidictions has influenced the Zimbabwean approach to highlight that effective protection of individual labour rights is possible only when courts actively look to protect these rights. The article argues that the reason for deficiencies in the Zimbabwean approach is the fact that courts are not doing enough to protect individual labour rights in Zimbabwe. The solution to this issue, therefore, lies in Zimbabwean courts taking a more proactive role in protecting individual labour rights. Key words: labour rights; constitutionalism; individual labour rights; codification; acccess to court


Rechtsidee ◽  
2015 ◽  
Vol 2 (2) ◽  
pp. 109
Author(s):  
Eko Adi Susanto

Many violations of the terms of employment at Surabaya, employment protection  and working conditions for workers who are not provided by employers to the maximum, according to the legislation in force, while the legal protection for workers constrained because of the weakness in the system of employment law, both the substance and the culture built by governments and companies. How To Cite: Susanto, E. (2015). Labour Rights Protection in Industrial Relations Issues. Rechtsidee, 2(2), 109-120. doi:http://dx.doi.org/10.21070/jihr.v2i2.78


2021 ◽  
Vol 59 (1) ◽  
pp. 35-51
Author(s):  
Katarina Maletić

The purpose of this paper is to answer the question whether investors may challenge domestic labour legislation by invoking breach of international investment agreements, in particular violations of fair and equitable treatment standard, as well as illegal expropriation of investments. The answer to this question is especially relevant for developing countries, such as the Republic of Serbia, which seek to harmonize their legal systems with international principles of labour rights protection. Therefore, the paper will explore the interpretations of the fair and equitable treatment standard and indirect expropriation given by arbitration tribunals and accepted among scholars, as well as their application with respect to the labour regulation changes. Particularly analysed is the relevant case law before arbitration tribunals dealing with the question whether host states may violate these standards by amending their domestic labour legislation. Research has shown that domestic labour regulation amendments may rarely be interpreted as indirect expropriation, while the fair and equitable treatment standard may be breached in case of unpredictable labour legislation changes which would significantly violate guarantees given by the state to attract foreign investments but cannot protect investors from the introduction of bona fide labour regulations.


2020 ◽  
Vol 28 (1) ◽  
pp. 122-137
Author(s):  
Björn Ahl ◽  
Pilar-Paz Czoske ◽  
Cui Xu

Author(s):  
Mykola I. Inshyn ◽  
Serhii Ya. Vavzhenchuk ◽  
Kateryna V. Moskalenko

Trade unions play an increasingly more critical role in protection of the employees of every state. This article aims to outline the problems with regard to the legal regulation of labour rights protection by trade unions in post-Soviet countries. The research is based on a system of various general philosophical methods (dialectical method), general scientific methods, such as methods of synthesis and analysis, induction and deduction, and special legal methods, including comparative legal method and the method of modelling. The choice of the mentioned methods was determined by the purpose of this study. The legal rules on protection of labour rights by trade unions in post-Soviet countries are set up by a number of international conventions, Constitutions of such countries (as this is a special constitutional right, being under a special protection of the state) and their national legislative acts. Some of the post-Soviet states are now members of the EU (Lithuania, Latvia, Estonia) and are subject to regional EU regulations. Every post-Soviet State has its own jurisprudence, legal practice and traditions of labour rights’ protection and hence has its own national peculiarities with regard to this protection, the representation of employees and the architecture of labour legislation. The analysis conducted by the authors shows that the national legislators were not fully following the international standards established by the International Labour Organization and did not fully secure the freedom of association. All the mentioned countries were recommended either to change some pieces of legislation or to supervise the existing draft of laws to make them meet the rules set in a number of international conventions. The authors have also stated that trade unions in post-Soviet countries are not always effective


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