scholarly journals Peculiarities of differentiation of legal regulation of pharmaceutical workers’ labour

2019 ◽  
Vol 68 ◽  
pp. 01025
Author(s):  
Anna Sydorenko ◽  
Olena Melnyk
Keyword(s):  
Working Conditions ◽  
Health Hazard ◽  
Modern Society ◽  
Legal Regulation ◽  
Labour Relations ◽  
Public Health Institutions ◽  
Health Institutions ◽  
Industry Affiliation ◽  
Special Rules ◽  
The Right

The paper deals with peculiarities of legal regulation of pharmaceutical workers’ labour. Exercising the right to work is determined and analyzed. The authors prove that differentiation originates from special legislation. They determine what globalization is in the modern society. The paper analyzes the differentiation of pharmaceutical workers’ labour through the prism of such objective reasons as industry affiliation, working conditions, the nature of labour relations between an employee and an employer, and their content is determined. The study draws attention to the fact that industry affiliation is characterized by the importance of the industry for society and the degree of provision of public health institutions with highly skilled specialists, as well as the production process. The paper determines that working conditions are specific for each industry and workplace. It is proved that pharmaceutical workers have harmful and dangerous working conditions. Working conditions have to satisfy the requirements to the fulfilment of labour duties without life and health hazard. It is analyzed that the nature of labour relations between an employee and an employer are determined by the nature of labour and employment contract term. It is proved that the differentiation of pharmaceutical workers’ labour is expressed through special rules, which allows them to exercise their rights and obligations and to enjoy certain guarantees.

scholarly journals Impact of Remuneration for Work on Social Changes in Lithuania

2018 ◽  
Vol 49 (3) ◽  
pp. 129-146
Author(s):  
Boguslovas Gruževskis ◽  
Tadas Sudnickas ◽  
Jolanta Urbanovič
Keyword(s):  
Supply And Demand ◽  
Modern Society ◽  
Social Situation ◽  
Legal Regulation ◽  
Welfare States ◽  
Social Changes ◽  
State Budget ◽  
Labour Relations ◽  
Compensation Systems ◽  
Technological Level

Satisfaction with compensation for work in modern society, especially in welfare states, plays a very important role. It not only ensures the efficient use of available production facilities and natural resources, but also determines the size of the state budget, the quality of life in the country, an attitude towards emigration and the general state of social situation. In a market economy, wages are the expression of capital and labour relations, both at the national and at the company level. The compensation systems are also influenced by some external factors such as tax system, technological level, labour supply and demand balance and legal regulation. The article seeks to reveal how the satisfaction with pay for work affects the social changes in the country. The article present the results of the research carried out in Lithuania in 2017.

THE RIGHT TO LOCATE AND PROSPECTS OF ITS LEGAL REGULATION IN UKRAINIAN LEGISLATION

2017 ◽  
Author(s):  
Valeriy Aveskulov ◽  
◽  
Yuliia Deresh ◽  
Albina Romanchuk ◽  
◽  
...  
Keyword(s):  
Working Conditions ◽  
Legal Status ◽  
Protective Action ◽  
Legal Regulation ◽  
Economic Pressure ◽  
Foreign Experience ◽  
Labor Legislation ◽  
Foreign Countries ◽  
European Experience ◽  
The Right

This article is devoted to the study of the right to lockout, the legal status and procedure of which are not regulated in the labor legislation of Ukraine. The article considers the experience of foreign countries and options for legislative consolidation of the right to lockout. It is established that there are two types of lockout - defensive and offensive, the first of which acts as a reaction of the employer to the strike. The offensive does not require such a precondition as a workers' strike and is a means for the employer to impose its working conditions. Based on this, it was determined that most countries allow the employer to resort to such a measure if the lockout is defensive, but the procedure for its implementation contains a number of restrictions. The article analyzes the provisions of the European Social Charter, the Law of Ukraine "On the Procedure for Resolving Collective Labor Disputes (Conflicts)", the Draft Labor Code of Ukraine dated 04.12.2007 № 1108, the Draft Labor Code of Ukraine dated 27.12.2014 № 1658, the Draft Labor Code of Ukraine 08.11.2019 № 2410-1, Draft Labor Code of Ukraine dated 08.11.2019 № 2410, Draft Law on Strikes and Lockouts dated 27.12.2019 № 2682. The article considers the views of domestic scholars on the feasibility of enshrining in Ukrainian law the employer's right to lockout, some of which consider it appropriate to allow the right to lockout as a protective action of the employer in response to workers' strike, but with some restrictions. Other scholars advocate a direct ban, as such an employer's right may violate workers' right to strike. Based on the positions of scientists, foreign experience and analysis of numerous legislative attempts to determine the legal status and procedure of the right to lockout, a variant of its enshrinement in the labor legislation of Ukraine is proposed to balance the rights and interests of employees and employers and avoid economic pressure on employees. The authors consider it appropriate to consolidate the right to lockout if it is defensive, following the example of European experience.

The management (or lack thereof) of COVID-19 in Brazil: implications for human rights and public health

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Erick da Luz Scherf ◽  
Marcos Vinicius Viana da Silva ◽  
Janaina S. Fachini
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Health Management ◽  
Inductive Reasoning ◽  
Content Type ◽  
Public Health Institutions ◽  
Health Institutions ◽  
Human Rights Norms ◽  
The Right

Purpose The purpose of this paper is to explore how the COVID-19 pandemic has been managed in Brazil, especially at the Federal Administrative level, with the focus being on the implications for human rights and public health in the country. Design/methodology/approach The research is built on a qualitative design made up of a case-study and review of the literature and is based on inductive reasoning. Findings Main conclusions were that: by not making sufficient efforts to safeguard the lives of Brazilians or to strengthen public health institutions amid the pandemic, Bolsonaro’s Administration may be violating the rights to life and health, among others, by omission; it was demonstrated that the President has worked unceasingly to bulldoze anti-COVID-19 efforts, which can be better explained through the concepts of necropolitics and neoliberal authoritarianism. Research limitations/implications One of the limitations to this research is that this paper was not able to discuss more thoroughly which other human rights norms and principles (apart from the right to health, life and the duty to protect vulnerable populations) have possibly been violated amid the COVID-19 pandemic in the country. Overall, this research can help expand the literature on human rights in health management during and after emergency times. Originality/value This paper focuses on recent events and on urgent matters that need to be addressed immediately in Brazil. This study provides an innovative health policy/human rights analysis to build an academic account of the ongoing pandemic in the largest country in South America.

scholarly journals Actual problems of application of labor protection rules of the Labor Code of the Russian Federation and the ways of solutions

2018 ◽  
Vol 2 (1) ◽  
pp. 63-68
Author(s):  
Roman V. Kirsanov
Keyword(s):  
Working Conditions ◽  
Russian Federation ◽  
Legal Regulation ◽  
Labor Protection ◽  
Employment Contract ◽  
Legal Method ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Right ◽  
Safe Working

The subject. The article deals with topical issues of ensuring the realization of the employee's right to healthy and safe working conditions.The purpose of the study is to identify the main directions of improvement of the Labor Code of the Russian Federation in the field of labor protection.The methodology includes formal-legal method, the analysis of the components of the right to healthy and safe working conditions, as well as the right to information and related rights.The main results. The author formulates proposals for amending a number of articles of the Labor Code, including those containing the most important branch principles, as well as those on termination of the employment contract and ensuring the right of an employee to a workplace that meets the requirements of labor protection.Examples from judicial practice show a low level of legal awareness of Russian employers and their disdainful attitude to labor legislation. This is expressed not only in violation of labor protection rules, but also in the absence of proper registration of an employee, when a written labor contract is not concluded with him. Thus, the relationship between the norms of different labor law institutions is expressed, expressed in their protective potential. The existing approach to understanding labor protection in a broad sense to a certain extent may be in demand even now. For example, by improving the norms on the conclu-sion, modification and termination of an employment contract, it is possible to achieve in parallel a certain improvement in working conditions for workers. This is due to the fact that legal registration of employment in most cases is associated with a higher level of security, since an employee without clearance does not actually exist for the state control and supervisory bodies.Conclusions. Understanding of labor protection as all-round protection of labor capacity of the person, being so widespread in Soviet time, looks quite justified nowadays too. The Labor Code of the Russian Federation, as the central regulatory legal act, should be considered as an instrument not only of legal regulation, but also of a powerful ideological impact on domestic employers, and changes and additions to labor legislation concerning labor protection should be made according to above-mentioned conclusion.

Updating labor legislation in 2020

2020 ◽  
pp. 57-69
Author(s):  
Viktor Arkadyevich Lebedev ◽  
Elena Ivanovna Lebedeva
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Labour Relations ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government ◽  
Managerial Positions ◽  
The Right ◽  
Compensation Payments ◽  
Made In

The article deals with the issues of further improvement of labor legislation, including a comparative analysis of the amendments made in 2020 to the Labor code of the Russian Federation concerning the establishment of the age limit for filling managerial positions of budgetary universities, scientific and medical organizations. The analysis of the initiatives of the Government of the Russian Federation in the procedure for delegating him the right to make decisions, establishing features of legal regulation of labor relations, taking into account opinion of the Russian trilateral Commission for regulating social-labour relations, including those relating to compensation payments to employees of organizations of the far North and equated localities.

LEGAL ASPECTS OF THE RIGHT OF A CITIZEN OF THE RUSSIAN FEDERATION ON THE STORAGE AND DISTRIBUTION OF PERSONAL DATA IN TERMS OF SOCIAL DEVELOPMENT AND WORLD GLOBALIZATION

2015 ◽  
Vol 10 (6) ◽  
pp. 217-220
Author(s):  
Синкевич ◽  
Ekaterina Sinkevich
Keyword(s):  
Social Development ◽  
Russian Federation ◽  
Information Technologies ◽  
Human Life ◽  
Personal Data ◽  
Modern Society ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The Russian Federation ◽  
The Right

The modern society, having entered a way of postindustrial (information) progress, has unlimited access to various information technologies. The modern person can’t imagine his life without Internet network, mobile communication and instant messages, e-mail, electronic payments and credit cards. However, «simplification» of modern human life entails set of infringements in the sphere of constitutional and civil human rights. The basic feature of legal regulation of the right of a citizen of the Russian Federation on the storage and distribution of personal data in terms of social development and world globalization is conformity of laws to basic issues of the Constitution of the Russian Federation and practical applicability.

scholarly journals GAPS IN THE CONTRACT FOR PAID MEDICAL SERVICES

2021 ◽  
Vol 37 (1) ◽  
pp. 80-83
Author(s):  
A.M. Shakhaeva ◽  
◽  
D.A. Verdieva ◽  
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Modern Society ◽  
Legal Regulation ◽  
Medical Services ◽  
Social Significance ◽  
Legal Norms ◽  
Specialized Care ◽  
The Right

The relevance of the research topic is determined by the importance of medicine for modern society. The right of a citizen to timely medical care is enshrined in the Constitution of the Russian Federation and is one of the most important social obligations of the state. The need for legal regulation of this sphere arises from the variety of types of medical care and the variety of medical services. Taking into account that medicine affects the health of citizens and if the quality of services is inadequate, it can lead to significant harm to the patient, up to death, the legal basis for providing medical services should be elaborated in detail and avoid double interpretation of various legal norms. With the introduction of market principles in Russia, a new sphere of providing medical services to the population – paid. This allowed us to solve a number of problems related to improving the quality of medical services, their availability in terms of receiving highly specialized care, and reducing the burden on the insurance medicine system. At the same time, the need for a detailed legal justification for the provision of such services has become obvious, and, first of all, the issues of the contract for paid medical services, as the main form of business relations, enshrined in civil law. It is necessary to pay attention to the fact that in modern Russian legislation there is a certain discrepancy between the social significance of the health care industry, as well as the constitutional status of the right to health protection and an unreasonably low level of theoretical justification for the branch legal regime in this area of health care. Therefore, it is necessary to further modernize certain provisions of medical law that regulate various aspects of the provision of medical services. This includes issues related to the contract for paid medical services.

CERTAIN ISSUES OF LEGAL REGULATION OF LABOR IN QUARANTINE

2018 ◽  
Author(s):  
Leonid Ostapenko ◽  
Keyword(s):  
Comparative Analysis ◽  
Working Conditions ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Remote Work ◽  
School Work ◽  
Right To Work ◽  
The World ◽  
The Right

The article is devoted to the issues of special regulation of labor relations under quarantine. Such a basic concept of labor law as remote and at-school work is considered. Comparative analysis of legislation of the countries of the world on homebased work and peculiarities of its use in modern market conditions is carried out. The example of tv workers describes the working conditions of their work both outside the permanent workplace and in the time of performance of the labor functions defined for them. Attention is paid to the need to take into account the peculiarities of remote work not only with the help of television technologies, but also in other media. Taking into account the current national legislation, new well-founded approaches in terms of the legal and organizational basis for the functioning of the labor regime during the quarantine restrictions are proposed, which to some extent will contribute to the implementation of the right to work for the population of Ukraine.

Specifics of Scientific Activity as a Ground of Differentiation of Legal Regulation of Labor Relations of Scientific Workers

10.12737/2244 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 101-109
Author(s):  
Дмитрий Бочарников ◽  
Dmitriy Bocharnikov
Keyword(s):  
Working Conditions ◽  
Legal Status ◽  
Labor Relations ◽  
General Characteristic ◽  
Scientific Work ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Labour Relations ◽  
General Rules

The article is dedicated to the detection of the specific features of scientific work which determine the specificity of the legal regulation of the labour relations of scientists and scholars. The author provides a general characteristic of the legal status of the researcher and analyses the exceptions from general rules stipulated by Russian legislation as well as the additional rules for the conclusion, alteration and termination of the labour contract with the said category of workers, their qualifications, working conditions and salaries.

scholarly journals Právní aspekty pracovně psychologické diagnostiky

TESTFÓRUM ◽  
2018 ◽  
Vol 6 (10) ◽  
pp. 23-31
Author(s):  
Matěj Stříteský
Keyword(s):  
Psychological Testing ◽  
Legal Regulation ◽  
Labour Law ◽  
Labour Relations ◽  
The Law ◽  
The Right

Předkládaný článek se zamýšlí nad tím, zda existuje právní úprava, která reguluje používání psychologické diagnostiky v pracovněprávních vztazích. Článek dochází k závěru, že právní úprava pracovně psychologické diagnostiky existuje, protože se jedná o formu zjišťování informací o zaměstnancích nebo uchazečů o zaměstnání. Článek řeší např. otázku, jaké testy může pracovní psycholog používat, zda musí poskytnout výsledky testů testovanému, či zda existují sankce za porušení vyvozených pravidel. Na základě analýzy právní úpravy autor vyvozuje pravidla, pro používání psychologické diagnostiky v pracovně právních vztazích. Své závěry se autor snaží ověřovat dotazy na správní orgány, které vykonávají dohled nad dodržováním relevantní právní úpravy.The paper considers whether the Czech law includes any legal regulation of psychological testing in labour relations. The author argues that psychological testing in labour relations is indeed regulated by the law because psychological testing represents a type of obtaining information about an employee or a future employee. The paper proposes arguments why some tests should not be used for psychological testing in labour relations, why test takers have the right to access the results of testing. The paper also considers if there are any penalizations for not following the regulations. Based on the analysis of legal regulation the author proposes several rules for the use of psychological testing in labour relations. For the validation of his findings the author contacted legal authorities that enforce labour law.

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