The rise, demise, and replacement of the Bangladesh experiment in transnational labour regulation

2021 ◽  
Author(s):  
Youbin Kang
Keyword(s):  
Labour Regulation

Between entrepreneurs and workers: Cleavages and compromises in rationales and policy solutions regarding ‘dependent contractors’

2021 ◽  
pp. 0143831X2110303
Author(s):  
Louis Florin ◽  
François Pichault
Keyword(s):  
Social Protection ◽  
Policy Framework ◽  
Policy Documents ◽  
The Social ◽  
Political Narratives ◽  
Social Partners ◽  
Narrative Policy Framework ◽  
Policy Solutions ◽  
The Eu ◽  
Labour Regulation

The emergence of dependent contractors challenges the existing institutions regarding social protection and labour regulation. This article aims at identifying the political narratives that explain the emergence of New Forms of Employment (NFE) and dependent contracting along with the policy solutions proposed by the social partners at the EU and international level. By analysing policy documents from the social partners through the lens of a qualitative version of the Narrative Policy Framework (NPF), the authors indentify two distinct narratives – ‘devaluation of work’ and ‘entrepreneurship and flexibility’. The authors show how these rationales lead to various policy solutions and identify oppositions and possible compromise.

Ensuring social guarantees and human rights for the implementation of the labour legislation of the Republic of Kazakhstan

2020 ◽  
pp. 315-335
Author(s):  
Anarkhan R. Kuttygalieva ◽  
Yermek A. Buribayev ◽  
Bakhytkali M. Koshpenbetov ◽  
Gakku N. Rakhimova ◽  
Zhanna A. Khamzina ◽  
...  
Keyword(s):  
Human Rights ◽  
Labour Market ◽  
Analytical Method ◽  
Practical Significance ◽  
Safety Standards ◽  
Collective Agreements ◽  
The Republic ◽  
Labour Legislation ◽  
And Control ◽  
Labour Regulation

The relevance of the study is determined by the fact that in order to improve the legislation of the country, it is necessary to study the successful experience of other countries. The purpose of the study is to propose a number of measures that will help improve labour legislation in Kazakhstan. The work uses primarily the analytical method. It is determined by the fact that apart from statutory labour protection rules, some safety standards are contained in collective agreements that speci-fy and sometimes supplement relevant legislative provisions. The paper states the fact that it is necessary to factor in world experience in organizing and operating a system of supervision and control over compliance with labour legislation for the Republic of Kazakhstan. The novelty of the study is that with a study of the legislation on labour regulation in Western countries, the authors identify a number of measures that will be relevant for implementation in the Republic of Kazakhstan. The practical significance of the study is determined by the incompatibility of iso-lation from the outside world, including from the international labour market with objectives of development.

scholarly journals Redistributing under fiscal constraint: partisanship, debt, inequality and labour market regulation

2018 ◽  
Vol 39 (3) ◽  
pp. 423-441 ◽  
Author(s):  
Lasse Aaskoven
Keyword(s):  
Labour Market ◽  
The Political ◽  
Market Regulation ◽  
Theoretical Argument ◽  
Left Wing ◽  
Government Budget ◽  
Fiscal Constraint ◽  
Labour Market Regulation ◽  
High Government ◽  
Labour Regulation

AbstractLabour market regulation varies significantly, both within and between developed democracies. While there has been extensive research and debate in economics on the consequences of labour market regulation, the political causes for levels and changes in labour market regulation have received less scholarly attention. This article investigates a political economy explanation for differences in labour market regulation building on a theoretical argument that labour regulation can be used as a nonfiscal redistribution tool. Consequently, partisanship, the demand for redistribution and government budget constraint jointly determine whether labour market regulation will increase or decrease. Consistent with this argument, panel analyses from 33 Organisation for Economic Co-Operation and Development countries reveal that labour market regulation increases under left-wing governments that face increased market inequality and high government debt.

scholarly journals La distribución de los riesgos en las doctrinas laboral y civil ante la imposibilidad de cumplimiento de la prestación

2008 ◽  
pp. 73
Author(s):  
Javier Fernández-Costales Muñiz
Keyword(s):  
Great Part ◽  
Bilateral Relation ◽  
Private Autonomy ◽  
Labour Regulation

El contrato constituye una de las manifestaciones fundamentales del ejercicio de la autonomía privada. A través de él nacen, se modifican o bien extinguen gran parte de las relaciones jurídicas. A lo largo del desarrollo de una relación bilateral de carácter obligatorio pueden surgir hechos capaces de impedir u obstaculizar la ejecución de las prestaciones a las cuales se hubieren comprometido las partes. Ante tales hechos, es menester distinguir dos situaciones diferenciadas: la imposibilidad definitiva y la transitoria.La respuesta otorgada y las diferencias establecidas en este punto por la legislación civil, de un lado, y, de otro, especialmente, la normativa laboral frente a quien debe soportar la carga del riesgo en tales circunstancias centran el desarrollo de este estudio.<br /><br />The contract constitutes one of the fundamental manifestations of the exercise of the private autonomy. Across it they are born, they modify or extinguish great part of the juridical relations. Along the development of a bilateral relation of obligatory character there can arise facts capable of preventing or preventing the execution of the services to which they will have held the parts. Before such facts, it is necessary to distinguish two differentiated situations: the definitive impossibility and the transitory one.The granted response and the differences established in this point by the civil legislation, of a side, and, of other one, specially, the labour regulation opposite to whom it must support the load of the risk in such circumstances centres the development of this study.

scholarly journals The features of Japanese labour law

2020 ◽  
Vol 11 (3) ◽  
pp. 679-692
Author(s):  
Masahito Toki ◽  
◽  
Elena V. Sychenko ◽  
Keyword(s):  
Pension Reform ◽  
Comparative Method ◽  
Wage Structure ◽  
Employment Policy ◽  
Labour Mobility ◽  
Labour Law ◽  
Employment Contracts ◽  
Japanese Law ◽  
The Right ◽  
Labour Regulation

This article considers the peculiarities of Japanese labour law that differ the most from the traditional Russian approach to labour regulation. The authors sought to fill the information vacuum in Russian legal scholarship dedicated to Japanese law, as well as to examine the unique features of this branch of law. It is impossible to consider, in one article, an exhaustive list of questions about Japanese labour law, which are of interest to researchers. Therefore, the choice of topics for analysis was dictated by two types of considerations: the uniqueness of Japanese regulation and the relevance of the topic to Russian reality. Within the first group, the authors examined the peculiarities of the arrangement, modification, and termination of employment contracts in addition to the features of the wage structure. Also, the practice of exercising the employer’s right to order the employee to stay at home while continuing to pay wages is analysed due to the absence of a clause in Japanese law on the right of the employee to be provided with work. In the second group, the issue of an employment policy for elderly people in Japan was considered as it is relevant for Russia in light of the recent pension reform. The methodological basis of the study was the use of a functional comparative method. The use of this method allowed the authors to ascertain greater flexibility in Japanese labour law regarding changes in working conditions, and a higher degree of labour mobility in comparison to Russia.

scholarly journals The ‘gig economy’: employee, self-employed or the need for a special employment regulation?

2017 ◽  
Vol 23 (2) ◽  
pp. 193-205 ◽  
Author(s):  
Adrián Todolí-Signes
Keyword(s):  
Service Providers ◽  
Sharing Economy ◽  
Business Organisation ◽  
Digital Era ◽  
Gig Economy ◽  
New Type ◽  
The One ◽  
Individual Service ◽  
Labour Regulation

The digital era has changed employment relationships dramatically, causing a considerable degree of legal uncertainty as to which rules apply in cyberspace. Technology is transforming business organisation in a way that makes employees – as subordinate workers – less necessary. New types of companies, based on the ‘on-demand economy’ or so-called ‘sharing economy’ and dedicated to connecting customers directly with individual service providers, are emerging. These companies conduct their entire core business through workers that they classify as self-employed. In this context, employment law is facing its greatest challenge, as it has to deal with a very different reality to the one existing when it was created. This article analyses the literature available about the classification of this new type of worker as an employee or as self-employed, concluding that there is a need for a new special labour regulation. It also describes and justifies the bases for this new special labour regulation.

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