Separate aspects of legal regulation of women’s labour rights

2017 ◽  
Vol 59 (2) ◽  
pp. 271-283 ◽  
Author(s):  
Mykhailo Burbyka ◽  
Alyona Klochko ◽  
Mykola Logvinenko ◽  
Kateryna Gorbachova
Keyword(s):  
Labour Market ◽  
Gender Discrimination ◽  
Legal Regulation ◽  
Equal Rights ◽  
Content Type ◽  
Legal Information ◽  
Labour Relations ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Labour Legislation

Purpose This paper aims to cover the problems arising in the process of women employment. The purpose is to investigate problems arising in the process of women employment, to analyse the existence of discriminatory aspects with regard to certain categories of workers, and to give recommendations for overcoming discrimination against women in the labour market. Design/methodology/approach The research was based on formal–logical and general scientific cognitive methods (analysis and synthesis, abstraction and concretization and deduction and induction). Systems and functional methods were used. The methods of concrete-sociological researches were used to gather, analyse and process legal information. The comparative-legal methods determined the actual realization of gender equality principles in different countries. Findings The Ukrainian labour legislation is imperfect and should be reformed, so as to not only declare but also protect women’s rights, in accordance with the current realities and fluctuations in the labour market. Practical implications The research helps overcome gender and age discrimination in Ukraine’s labour market, especially the relations that emerge at the employment stage. Discrimination against women at this stage is one of the most common forms of gender inequality. Originality/value Certain gaps in the labour legislation were found. The level of conformity of the current labour-relations-regulating legislation with the policy of equal rights and opportunities for women and men was determined. Recommendations, aimed at changing legal regulations to prevent gender discrimination, were developed, with a view to solving existing gender-related problems in the field of labour.

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

Attitude of Individuals First Entering Labour Market to the Implementation of Equality of Treatment Principle in Labour Relations

2021 ◽  
Vol 13 (2) ◽  
pp. 3-4
Author(s):  
Eglė Štareikė ◽  
Ugnė Alaburdaitė
Keyword(s):  
Labour Market ◽  
Gender Equality ◽  
Gender Inequality ◽  
Professional Practice ◽  
Legal Regulation ◽  
Natural Phenomenon ◽  
Public Security ◽  
Labour Relations ◽  
Treatment Principle ◽  
Scientific Doctrine

By invoking scientific doctrine, legal regulations and official statistics, the paper aims at assessing the actual position of females and males in labour relations in Lithuania as well as identifying the problems of the legal regulation of gender equality. The survey conducted among MRU Public Security Academy students was dedicated to disclosing the perceptions of individuals first entering the labour market about (in)equality in labour relations and experiences in the course of professional practice. To attain these objectives, certain goals were set: analysis of multiple layers of the concept of equality, legal regulation of the principle of gender equality and its inclusion in labour relations and statutory service. Furthermore, the present paper considered various trends and patterns in the implementation of the gender equality principle in labour relations, based on the analysis of the data of the Office of the Equal Opportunities Ombudsperson. Empirical research was carried out to assess the experience of students who had their professional practice in police headquarters in terms of gender inequality. Based on the performed survey that involved the students of MRU Public Security Academy, it should be concluded that the majority of students did not understand the different behaviours that could violate an individual’s rights in terms of the equality of men and women. When responding to certain questions, the majority of respondents indicated that gender inequality in Lithuania existed only to the extent it occurred naturally; however, when responding to other questions, the majority stated that there were numerous situations during their practice when they experienced discrimination (i.e. preferential treatment of one of the genders, abuse due to gender etc.). This can lead to the conclusion that violations of gender equality committed on certain grounds are perceived as a natural phenomenon resulting from natural differences between the sexes and because of this, certain flawed behaviour is justified. This results in fewer opportunities for individuals to report violations to responsible institutions and thus ensure the protection of their rights as well as to share their experiences with other individuals and, as a result, educate them.

Salary optimisation in Ukraine in the context of the economy Europeanisation

2021 ◽  
Vol 28 (3) ◽  
pp. 224-237
Author(s):  
Oleg M. Yaroshenko ◽  
Оlena Ye. Lutsenko ◽  
Natalya M. Vapnyarchuk
Keyword(s):  
Law Enforcement ◽  
European Integration ◽  
Legal Regulation ◽  
Economic Life ◽  
Scientific Result ◽  
Labour Relations ◽  
Foreign Companies ◽  
Social Interests ◽  
Labour Legislation ◽  
Subjective Rights

In the context of active legislative prospects of the labour legislation of Ukraine in the aspect of their European integration, there are issues of developing and implementing effective remuneration systems and optimising them, which should be aimed at solving the problems of developing the Ukrainian economy, ensuring a combination of economic and social interests and goals of individual employees and managers of enterprises. This requires the application of new approaches to the organisation of wages, considering the specifics of enterprises and the experience of domestic and foreign companies, as well as scientists in the field of wages. The establishment of effective mechanisms in the remuneration system, which should ensure social and economic justice in labour relations, plays a significant role in resolving the relevant issues. This is primarily the observance, protection and restoration of the subjective rights of employees to pay in case of violation. If most of the outlined general social and economic problems cannot be solved by one means or another, it is not only possible but also necessary to formulate priority purely legal tasks related to the optimisation of legal regulation of wages. The article reflects: 1) the international legal basis for the establishment of an appropriate level of wages, 2) foreign experience in the establishment of optimised wages and 3) scientific and applied approaches to optimising wages in the Ukrainian economy under the influence of European integration processes. During the writing of this article, for a comprehensive disclosure of the issues, to achieve an objective scientific result and formulate appropriate conclusions, the authors used general and special methods of cognition (dialectical, functional, Aristotelian, comparative legal, hermeneutic, method of comparison). The article concludes that the existence of many intra-industry tariff grids in Ukraine in practice only complicates law enforcement. If there really was a Unified Tariff Grid, which would consider all professions, their features and the specifics of working conditions, there would be no need for each sector of the economy to develop its own tariff grid. Currently, there is a situation when within the UTS itself there is a significant number of other internal tariff grids in various areas and industries. The UTS should be developed based on the Dictionary of Occupational Titles, as it is the unified act that contains a list of professions that exist in the economic life of Ukraine. Therefore, each of these professions must be assigned its own tariff coefficient and the corresponding category. Wage growth should depend on the employee's qualifications, level of education, and productivity

Peculiarities of Individual Judicial Regulation of Relations with Participation of Peasant (Farm) farms

2021 ◽  
Vol 2 ◽  
pp. 27-33
Author(s):  
V.A. Chirkova
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Legal Form ◽  
Peasant Farmer ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
Peasant Farm ◽  
Legal Document ◽  
General Scientific ◽  
The Law

The legal regulation of relations with the participation of peasant (farmer) farms is complicated by the absence of a single legal act that would consistently cover all the rules governing the creation and activities of known types of peasant farms, which include: a sole peasant farm represented by an individual entrepreneur, a contractual association of citizens without the formation of a legal entity and peasant farms as the legal form of a legal entity. Individual judicial regulation, possessing a sign of feedback for legal regulation, can help increase its effectiveness. The purpose is to study the characteristics of individual judicial regulation of relations with the participation of peasant (farmer) enterprises on the example of individual judicial acts, as well as suggesting ways to resolve the problems identified. To achieve the stated goal, the following tasks were set: – designation of peasant farms confirmed by court decisions on disputes involving them; – the identification and study of the features of individual judicial regulation of relations with the participation of these types of peasant farms; – consideration of the possibility of application by courts of an analogy of the law in relation to peasant farms; – suggesting ways to address the identified problems of individual judicial regulation of relations with the participation of peasant farms. The methodological basis of the study consists in the use of general scientific (dialectics, analysis and synthesis) and private scientific research methods (formal legal, document analysis method). Brief conclusions of the study. 1. The marked differentiation of types of peasant farming makes it possible to specify the features of legal and individual regulation of each of them, and also makes it possible to exclude the accidental application of improper legislation in relations with the participation of peasant (farm) farms. 2. To determine the characteristics of individual types of farms, it is necessary to accurately determine the basis for the occurrence of each of them. 3. The application of the analogy of the law to peasant farms as partnerships or societies should be excluded, and the full identification of farms with these legal entities should not be allowed. 4. A special law that would determine the particular legal status of the peasant economy as a legal entity in accordance with clause 5 of article 86.1 of the Civil Code has not yet been adopted.

scholarly journals Mind your attitude: the impact of patriarchy on women’s workplace behaviour

2019 ◽  
Vol 25 (2) ◽  
pp. 146-164
Author(s):  
Toyin Ajibade Adisa ◽  
Fang Lee Cooke ◽  
Vanessa Iwowo
Keyword(s):  
Work Environment ◽  
Gender Discrimination ◽  
Social Situation ◽  
Equal Treatment ◽  
Research Approach ◽  
Equal Rights ◽  
Structured Interviews ◽  
Content Type ◽  
Female Employees ◽  
The Impact

Purpose By conceptualising patriarchy in the workplace as a social situation, the purpose of this paper is to examine the prevalence of patriarchal attitudes and their impact on women’s workplace behaviour among Nigerian organisations. Design/methodology/approach The study uses a qualitative research approach, drawing on data from 32 semi-structured interviews with female employees and managers in two high-street banks in Nigeria. Findings The study finds that patriarchy shapes women’s behaviour in ways that undermine their performance and organisational citizenship behaviour (OCB). Furthermore, the study finds that patriarchal attitudes, often practised at home, are frequently transferred to organisational settings. This transference affects women’s workplace behaviour and maintains men’s (self-perceived) superior status quo, whereby women are dominated, discriminated against and permanently placed in inferior positions. Research limitations/implications The extent to which the findings of this research can be generalised is constrained by the limited sample and scope of the research. Practical implications The challenges posed by the strong patriarchy on women’s workplace behaviour are real and complex, and organisations must address them in order to create a fairer workplace in which employees can thrive. It is therefore essential for organisations to examine periodically their culture to ensure that all employees, regardless of gender, are involved in the organisation’s affairs. Furthermore, organisations need to help women become more proactive in combating patriarchal behaviour, which often affects their performance and OCB. This requires organisations to affirm consistently their equal opportunities, equal rights and equal treatment policies. It is essential that organisations take this problem seriously by attaching due penalty to gender discrimination, as this will go a long way in ensuring positive outcomes for women and providing a fairer workplace. Originality/value This study provides empirical evidence that a more egalitarian work environment (in Nigerian banking) will result in improved performance from female employees and organisations. It calls for greater policy and organisational interventions to create a more inclusive work environment and an equal society.

Gender discrimination and firms’ profit: evidence from Brazil

2016 ◽  
Vol 43 (5) ◽  
pp. 801-814 ◽  
Author(s):  
Wenjun Liu ◽  
Tomokazu Nomura ◽  
Shoji Nishijima
Keyword(s):  
Labour Market ◽  
Gender Discrimination ◽  
Firm Characteristics ◽  
Firm Level ◽  
Productivity Shocks ◽  
Content Type ◽  
Discrimination Model ◽  
Level Data ◽  
Female Employees ◽  
Positive Effect

Purpose This paper investigates discrimination against women within the Brazilian labour market using firm-level data from the World Bank Investment Climate Survey. The purpose of this paper is to determine whether the female employees in the Brazilian labour market are paid less than their productivity warrants due to the existence of discrimination. Design/methodology/approach Based on employer discrimination model proposed by Becker (1971) that considered the proportion of female employees as a proxy for the extent of discrimination, the authors estimate the profit function using OLS analysis, and regress it on the proportion of female employees and other firm characteristics. To address the endogeneity problem caused by unobservable productivity shocks, the authors employed the methods proposed by Olley and Pakes (1996) and Levinsohn and Petrin (2003), respectively. Findings The results indicate that the proportion of female employees has positive effect on firms’ profit in 2002, but has no effect in 2007. This finding gives evidence of the existence of discrimination against female employees within the Brazilian labour market in the early 2000s, while the gender discrimination was reduced overtime. Originality/value This paper’s main contribution is to provide an approach that differs from that of previous research to determine whether discrimination exists within the Brazilian labour market. This paper also provides policy insights for Brazilian labour market.

scholarly journals Correlation between the principle of justice and legal axioms

2020 ◽  
pp. 64-78
Author(s):  
Anton Nikolaevich Rundkvist
Keyword(s):  
Legal Regulation ◽  
Constitutional Court ◽  
Scientific Methods ◽  
Legal Principles ◽  
Original Definition ◽  
Principle Of Justice ◽  
Analysis And Synthesis ◽  
Primary Reference ◽  
General Scientific ◽  
New Perspective

The objects of this research are the principle of justice as a universal fundamental, cornerstone and key cohesive general legal superprinciple and the legal axioms as transmitters of most objectified legal justice reflected in simple and clear formulations. The subject of this research is correlation between the aforementioned concepts, which allows looking at the problem of indeterminacy of the content of the principle of justice from a new perspective, namely through indicating the violation of legal axioms as one of criterions of ultimate injustice. Methodological framework is comprised of the general scientific methods of deduction, induction, analysis and synthesis, as well as sociological method of content analysis used examination of the materials of law enforcement practice of the Constitutional Court of the Russian Federation. The work yielded the following results: 1) substantiation is made on the key role of the principle of justice in law as a whole; 2) an original definition is given to the legal axioms ; 3) demarcation is drawn between legal axioms and legal principles in accordance with the criteria of external manifestation, evidence of conformity or nonconformity, nature of action, and depending on the presence or absence of systemic links, which is important from theoretical and practical perspectives, 4) a direct correlation is established between noncompliance with legal axioms and the loss of baseline claim to justice by legal regulation. The theoretical novelty of this work consists in the fact that legal axioms that establish the generally accepted imperative rules are viewed as a primary reference point for resolving the issue on possible violation of the principle of justice

scholarly journals Current Challenges of the Labour Law of Ukraine: On the Way to European Integration

2018 ◽  
Vol 27 ◽  
pp. 88-93
Author(s):  
Yana Simutina
Keyword(s):  
European Integration ◽  
Rapid Development ◽  
Radical Change ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Labour Law ◽  
Labour Relations ◽  
Labour Legislation ◽  
Atypical Employment ◽  
Definition Of

The article describes the main challenges facing labour law and its practice in modern conditions. In particular, the author concludes that the long and complex process of codifying the labour laws of Ukraine has, regrettably, not yet achieved its main objective – namely, to bring radical change from the old model of socialist labour. The draft Labor Code submitted for consideration would, in reality, introduces some cosmetic changes, which lack the ability to modernise Ukrainian labour law. It is emphasised that in the context of Ukraine’s European integration and the rapid development of innovative information technology, labour legislation should take into account and, in fact, legalise long-standing practices in atypical employment relationships, so as to ensure labour rights and guarantees for persons involved in such activities. The author presents various elements as necessary: revision to the legislative definition of an employment contract, further differentiation and clarification in the legal regulation of labour relations, and rejection of these relations’ ‘excessive regulation’. Also proposed is an approach that renders labour relations more flexible while maintaining and ensuring the fundamental rights of employees.

scholarly journals On Understanding of Digital Financial Assets

2021 ◽  
Vol 2 ◽  
pp. 40-44
Author(s):  
Yulia K. Tsaregradskaya ◽  
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Financial Assets ◽  
Legal Practice ◽  
Educational Materials ◽  
Scientific Methods ◽  
Existing Problems ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific

Purpose. In the context of the development of digital technologies, the issue of the existence and legal regulation of digital of financial assets is being updated. In modern legal practice, there is no uniformity in the terminology of these relations, so it is especially important to consider the possibility of using different terms from digital currency to digital rights. The article analyzes various approaches to defining the concept of cryptocurrency offered by specialists working not only in the field of law, but also in economics, since it is important to consider the possibility of reflecting digital assets in accounting. In the course of the research, both General scientific and private scientific methods were used: scientific abstraction, system, logical, analysis and synthesis, comparative legal and formal legal. Conclusions are made that: 1) as a result of numerous discussions about the legal regulation of digital of financial assets, the state has decided on the terminology in these relations; 2) according to the author, the most successful term is the concept of “digital financial assets”, since the term “asset” is used in russian legislation, in particular investment and tax; 3) russian legal practice has used the experience of foreign countries when making changes to existing legislation, in particular in civil, expanding the list of objects of civil legal relations. Scientific and practical significance. This research allows us to critically understand the existing problems of cryptocurrency regulation, as well as contributes to the development of theoretical directions on this topic and the creation of educational materials dedicated to the digital economy.

Labour reform will not reduce unemployment in Brazil

2017 ◽  
Keyword(s):  
Reaction Time ◽  
Labour Market ◽  
Unemployment Rate ◽  
Social Effects ◽  
Content Type ◽  
Labour Relations ◽  
Lower House ◽  
Goods Market ◽  
Near Term ◽  
Sustained Recovery

Significance Deteriorating labour market conditions are having negative economic and social effects. The unemployment rate reached 13.6% in the three months ending in April, with 14 million people jobless. The two-year recession and political instability have delayed any sustained recovery in the labour market. Labour relations will also be affected by the controversial labour reform bill, already approved by the Lower House and currently under debate in the Senate. Impacts High unemployment and low prospects of near-term economic improvements will fuel the government’s unpopularity. Labour informality will increase if the domestic market continues showing signs of deceleration. Labour reform may reduce, for better or worse, the reaction time of the labour market to changes in the goods market.

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