“The wage-earning woman and the state”: The national women's trade union league and protective labor legislation, 1903–1923

Labor History ◽  
1987 ◽  
Vol 28 (1) ◽  
pp. 54-74 ◽  
Author(s):  
Diane Kirkby
Author(s):  
Viktoriia Chokhrii ◽  

The article is devoted to the consideration of problematic aspects of the implementation of administrative responsibility for non-payment of child support, is used in the form of socially useful work. In particular, the essence of this type of administrative penalty is revealed. The study focuses on the problematic issues that arise in the implementation of the imposed administrative responsibility in the form of socially useful work. A number of problems concerning the legal application of Article 183-1 of the Code of Ukraine on Administrative Offenses (hereinafter – the Code of Administrative Offenses) and ways of their solution have been outlined. Amendments to the current legislation of Ukraine are proposed in order to improve the implementation of resolutions in cases of administrative offenses. In particular, it is proposed to monitor the workload of the staff of the territorial bodies of the State Executive Service in Ukraine and analyze their staffing standards and functional responsibilities for the preparation of materials under Article 183-1 of the Code of Administrative Offenses. In addition, it was proposed to improve the organization of the performance of socially useful work by local governments by conducting appropriate explanatory work and methodological assistance to local governments in organizing the solution of this issue. The article proposes to transfer control functions to the executive body, and to improve the duty imposed on local governments to provide socially useful work is to improve, including amendments to the labor legislation of Ukraine. It is noted that when drawing up an administrative offense or making a decision in the case, it is necessary to find out the presence or absence of circumstances that for good reasons made it impossible for the debtor to pay child support, or the existing alimony arrears for the past period. The expediency of development of methodical recommendations for local self-government bodies concerning the order of definition and performance of socially useful works is substantiated.


2020 ◽  
Vol 29 (3) ◽  
pp. 325-338
Author(s):  
Siobhan Doucette

As a result of the nationwide strike wave in August 1980 that gave birth to the Solidarity trade union, the Polish state authorities conceded to the reform of state censorship and to Solidarity creating union bulletins that were not subject to preventative censorship. This article analyses the Solidarity press to explore its censoring through direct state censorship and self-censorship in 1980–1. It argues that Solidarity's dual commitment to truth and legality were irreconcilable and that the state cultivated this conflict, contributing to the undermining of Solidarity's moderate leaders and the treatment of history as an arena for politicisation and state control. It posits that these conflicts have contributed to the current Polish government's frontal assault on the legacy of the Solidarity leadership.


Author(s):  
Robyn Muncy

The Equal Rights Amendment (ERA), designed to enshrine in the Constitution of the United States a guarantee of equal rights to women and men, has had a long and volatile history. When first introduced in Congress in 1923, three years after ratification of the woman suffrage amendment to the US Constitution, the ERA faced fierce opposition from the majority of former suffragists. These progressive women activists opposed the ERA because it threatened hard-won protective labor legislation for wage-earning women. A half century later, however, the amendment enjoyed such broad support that it was passed by the requisite two-thirds of Congress and, in 1972, sent to the states for ratification. Unexpectedly, virulent opposition emerged during the ratification process, not among progressive women this time but among conservatives, whose savvy organizing prevented ratification by a 1982 deadline. Many scholars contend that despite the failure of ratification, equal rights thinking so triumphed in the courts and legislatures by the 1990s that a “de facto ERA” was in place. Some feminists, distrustful of reversible court decisions and repealable legislation, continued to agitate for the ERA; others voiced doubt that ERA would achieve substantive equality for women. Because support for an ERA noticeably revived in the 2010s, this history remains very much in progress.


2012 ◽  
Vol 14 ◽  
pp. 453-473
Author(s):  
Barend van Leeuwen

AbstractThis chapter will look deeper into the question of horizontal direct effect in the Viking and Laval cases by focusing on the effects of the Laval judgment. It will be submitted that the Laval case was an example of the horizontal enforcement of the vertical right to be protected by the State against interference with one’s free movement rights under EU law. The trade union acted within a legislative framework which had been established by the State and which provided protection to the trade union. The CJEU’s judgment established that this protection had been illusory, and the Swedish State assumed responsibility by amending two pieces of legislation. However, the reasoning of the CJEU did not sufficiently recognise the vertical nature of the proceedings. As a result, the Swedish Labour Court granted Francovich damages against the trade union, but these damages did not adequately compensate Laval for its losses. Therefore, the extension of horizontal direct effect to trade unions has resulted in inadequate judicial protection in this case. In future cases which present themselves as cases between two private parties the CJEU should more carefully investigate the responsibility of the State. A more careful investigation would open up the possibility of a Francovich claim against the State, if the State bore responsibility for breaches of EU law committed by private parties.


2015 ◽  
Vol 4 (2) ◽  
pp. 9-13 ◽  
Author(s):  
Рязанцева ◽  
Margarita Ryazantseva ◽  
Субочева ◽  
A. Subocheva

This article assesses the problem of organizations’ compliance to labor legislation. It demonstrates results of the analysis which was carried out to evaluate the dynamics of the employers’ violations of the labor legislation revealed by the State Labor Inspection of Moscow. The data of 2011-2014 suggests that the number of violations had increased. Moreover, the article speci es several changes in the legislation regulating responsibility of employers at labor law. Attention is drawn to the fact that one of the possible ways to prepare for revisions carried out by State Labor Inspection is the audit of the Personnel Office administration. Taking into account a signi cant increase in the size of penalties for violations of the labor legislation, the article substantiates the anti-recessionary role of Personnel Office administration and the necessity of its audit; and gives practical recommendations for procedures of Personnel Office administration audit.


10.12737/5509 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 131-138
Author(s):  
Кристина Пламеннова ◽  
Kristina Plamennova

Provisions of the labor legislation were updated by the right of the employer for creation of works councils. The research of structures of non-trade union workers’ representation has special importance for Russian labour law scholarship. This is mostly so because of low efficiency of trade union representation in Russia that is still structurally influenced by centrally-planned economy’ traditions. System of works councils is a fairly complicated institution of labor law, as their activities are closely linked not only to the organization of labor, but also to the economy as well as the sociological aspects of human resource management. The multidimensional inwardness of works councils attached to this institution of labor law special significance, as consequence of their functioning must become strengthening of social dialogue at the level of the organizations and the separated structural divisions, while setting a consensus not only between the parties opposing interests in relation to a particular issue, but also creating a foundation for continuing cooperation in a spirit of cooperation. Creation of works councils is seeking to reinforce social solidarity, more equitable distribution of income between different social classes and sections of the population, increase employees’ interest in the affairs of the company. As part of the dynamic development of social and labor relations non-trade union workers’ representation becomes a key element in the development processes of industrial democracy, having a basis of workers’ participation in administrative decisions in the enterprise, directly affecting their interests, which allows the use of flexible forms of management of the organization, by providing workers the right to information and consultation.


2018 ◽  
Vol 15 (40) ◽  
Author(s):  
Vanda Micheli Burginski

Resumo – Este artigo explicita a afinidade entre o pensamento neoestruturalista da Cepal e o neoliberalismo, tendo como foco o papel do Estado na acumulação capitalista em face à crise estrutural do capital. O objetivo é trazer os principais elementos teóricos do pensamento estruturalista clássico da Cepal para demonstrar que o neoestruturalismo não se constitui em alternativa ao neoliberalismo. O Estado é acionado para estabelecer a primazia do mercado na definição do desenvolvimento, no sentido de fazer com que as regulações referentes à legislação trabalhista e os direitos sociais sejam reduzidas, em sintonia com as contrarreformas em curso. O programa neoestruturalista não produz enfrentamentos às medidas regressivas que acirram a barbarização da vida social, o que sugere a mobilização de forças sociais para a construção coletiva de um programa de esquerda, de transição para outra sociabilidade. Palavras-Chave: Cepal; neoliberalismo; neoestruturalismo; contrarreforma; Estado.  Abstract – This article explores the affinity between neoestructuralist thinking of ECLAC and neoliberalism, focusing on the role of the state in capitalist accumulation in face of the structural capital crisis. Its goal is to bring the main theoretical elements of classical estructural thinking of ECLAC to demonstrate that neostructuralism does not constitute an alternative to neoliberalism. The state is called upon to establish the defining role of the market primacy in development, in order to ensure that regulations regarding labor legislation and social rights are reduced, in tune with current counter-reformations. The neoestructuralist program does not produce confrontations with regressive measures that aggravate the barbarization of social life, which suggests the mobilization of social forces for the collective construction of a left-wing program, in transition to another type of sociability. Keywords: ECLAC; neoliberalism; neostructuralism; counter-reformation; State.


2018 ◽  
Vol 2 (4) ◽  
pp. 60-67
Author(s):  
M. Drachuk

The subject of the paper is state ideology is an element of labor market.The main aim of the paper is to confirm or disprove the hypothesis that main tasks of state ideology as a key element of labor market are positive motivation to systematic long-term employment, as well as social responsibility of business by strengthening the information function of labor legislation.The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (formal-legal method, interpretation of legal acts).The main results and scope of their application. The modern labor market should be defined as the vacancy market. At the same time, neither the concept of a vacancy nor its characteristics are established by legislation. The state ideology plays an important role among other information flows in the system of mandatory structural elements of the labor market. The state ideology accompanies the socio-economic development of society. The formation of labor motivation holds the dominant position in the organization of the labor market. State policy in relations on the organization of the labor market is a set of management decisions of the authorities, which form the state ideology among other things. The state, when realize its interests in the sphere of labor legislation, should actively use the so-called advisory type of legal regulation of labor relations. The proposed analysis may become a crucial point for future legal research in the field of labor market.Conclusions. Positive motivation to systematic long-term employment, as well as social responsibility of business are the main tasks of state ideology as a key element of labor market. The formation and consolidation of such ideology will make it possible to apply the provisions of labor legislation more accurately in accordance with its meaning and purpose.


2021 ◽  
pp. 38-43
Author(s):  
O. V. Bailo

The article considers the problematic issues of the organization of state supervision (control) over the observance of labor legislation. The urgency of the research topic is determined by the dependence of the state of human rights on the effectiveness of supervision and control by the state. The relevance of the study of legal relations in the field of state supervision (control) is determined by the fact that state control (supervision) over compliance with labor legislation and other regulations containing labor law is considered in the science of labor law as a jurisdictional way to protect labor rights and freedoms. The study of case law shows the ineffectiveness of state supervision (control) in the field of labor in connection with the violation of the procedure for such measures. The vast majority of court proceedings on administrative claims of business entities to the Territorial Departments of the State Labor Service on the recognition of illegal and revocation of the decision are decided in favor of business entities. The article pays special attention to the problematic issues of the procedure of implementation of measures of state supervision (control) in the field of labor, namely the grounds for the implementation of such unscheduled measures (inspection visits). During the inspection of an business entity, the State Labor Service must in any case follow the procedure for appointing and conducting such inspection, established by the legislation of Ukraine. Convention no. 81 (1947) does not provide for exceptions to bring business entities to justice based on the results of inspections violation of the procedure established by national law and the results of which do not give rise to legal consequences for business entities. The provisions of the draft Labor Code of Ukraine on the organization of state supervision over compliance with labor legislation are analyzed. On the basis of the analyzed normative-legal acts, amendments to the legislation are developed and offered, which will eliminate shortcomings in the organization and activity of subjects of supervision and control over observance of the labor legislation that as a whole will promote realization of the state policy in the field of effective employment.


Sign in / Sign up

Export Citation Format

Share Document