Form of Implementation of Collective Disputes in the Field of Labor Law

2020 ◽  
Vol 11 (4) ◽  
pp. 1423
Author(s):  
Oleksii V. SOLOVIOV ◽  
Nataliia M. SHVETS ◽  
Iaroslava V. SVICHKAROVA ◽  
Nataliia H. ORLOVA ◽  
Oleksandr O. DUMA
Keyword(s):  
Labor Relations ◽  
Negative Impact ◽  
Labor Law ◽  
Modern Society ◽  
Well Being ◽  
Labor Process ◽  
Practical Significance ◽  
Labor Rights ◽  
Work Process ◽  
Problematic Situations

Labor relations have always been defined as a source of not only increasing of well-being for all parties, but also as a source of the formation of social problematic situations. This was allowed in cases when workers did not receive the level of income they expected and considered fair. In this case, the search for ways to protect the rights of workers, which is considered in the field of labor law, is relevant. The standard sources for the implementation of forms of protection in labor law are strikes and other forms of termination of the work process. The novelty of the paper is determined by the fact that in modern society the forms of protection of labor rights are mainly judicial forms, which guarantee that the employer cannot influence the settlement process by unofficially affecting employees. The article reveals aspects of the design of labor relations that could eliminate the negative impact on the labor process. Aspects of the formation of the branch of labor law are considered, which can provide the maximum number of decisions in the pretrial order. The practical significance of the paper is determined by the possibility of applying methods of solving collective labor disputes as a factor in the formation of the labor law industry with the formation of the principles of sustainable functioning and public control over business.  

Issues of non-standard employment: social and hygienic aspects

2020 ◽  
pp. 392-398
Author(s):  
S. A. Druzhilov
Keyword(s):  
Social Order ◽  
Labor Relations ◽  
Well Being ◽  
Labor Rights ◽  
Precarious Employment ◽  
Employment Conditions ◽  
The Social ◽  
Two Factors ◽  
Labor Safety ◽  
Typical Model

Drastic transformations of the social and labor sphere have led to the emergence of new health risks and sanitary and hygienic problems associated with unreliability of employment. A new socio-economic and psychological phenomenon “precarity” has emerged, which has aff ected the employment conditions of employees, so the description of the phenomenon “precarity” needs to be clarifi ed.The forms of labor employment that diff er from the typical model and worsen the employee’s situation are considered. The criteria based on which non-standard employment is considered unstable are given.Generalized types of unstable employment are identifi ed, the specifi city of which is determined by a combination of two factors: working time and the term of the contract. Unstable working conditions are possible not only in informal employment, but also in legal labor relations. Unreliability and instability of labor has an objective character and is a natural manifestation of the emerging economic and social order. The phenomenon of “precarity of employment” appears as a new determinant of the health of employees. The main feature when referring employment and labor relations to the phenomenon of “precarity” is their unreliability.Specifies the terms used: “precariat”; “precarious work”; precompact; the precariat. An essential characteristic of precarious employment is the violation of social and labor rights and lack of job security. A significant indicator of precarity is underemployment. Precarity induces the potential danger of dismissal of the employee and the resulting stress, psychosomatic disorders and pathological processes in the psyche.Precarious employment and related labor relations have become widespread. Many employees are deprived of social guarantees, including those related to labor safety, payment for holidays and temporary disability, and provision of preventive measures. Th is leads to a violation of the state of well-being, as well as the deterioration of individual and public health.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

scholarly journals DIGITALIZATION OF LABOR LAW:

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Larisa S. Kirillova ◽  
Andrey M. Lushnikov ◽  
Marina V. Lushnikova ◽  
Askhat A. Bikeev
Keyword(s):  
Labor Relations ◽  
Negative Impact ◽  
Labor Law ◽  
Digital Economy ◽  
Economic Relations ◽  
Labor Legislation ◽  
The Stability ◽  
The Moment ◽  
Definition Of ◽  
Comprehensive Study

The article discusses some aspects of the digitalization impact on labor relations. It is concluded that the digital economy could not but affect the labor legislation, since it is economic relations and the nature of labor organization that largely determine the content and specific nature of labor legislation. It is noted that many scientific materials on this issue affect only certain aspects of the digitalization of labor relations. This is largely due to the fact that the digital economy development process in Russia began somewhat later, and therefore the first works appeared only at the beginning of XX century. However, there is already a reason to conduct a comprehensive study of the problem at the moment. The authors offer to start by highlighting some trends in the development of labor law that are caused by the digital economy. It seems that further work shall be carried out with the definition of trends to identify the risks of digital changes and develop the most optimal proposals for legislation. Based on the trend consideration results, their positive or negative impact on labor relations is noted. It is noted that digitalization opens up new opportunities for the organization of labor and employment, but it carries a huge number of threats to the stability of labor relations at the same time.

Russian Labor Law: System-Related Problems in its History and Modernity

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Николай Демидов ◽  
Nikolay Demidov
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Law System ◽  
Labor Legislation ◽  
Government Supervision ◽  
Hired Labor ◽  
The Right ◽  
High Degree

The article analyzes system-related contradictions inherent to the development of the Russian labor law branch in XIX—XX. By means of historical-legal, comparative, dialectic methods the author investigates the roots of modern problems in law-making and law enforcement in legal regulation of hired labor relations. The author reveals negative factors in the development of the labor legislation, that are common for Russia and world leading countries. Among main evolutional problems in labor law, the author considers excessive centralization, a high degree of the right enforcement formalization, susceptibility of the branch to political environment, an important role of non-legal regulators of labor relations, low development level of security arrangements for labor rights, inadequate government supervision, a division of employees and employers’ interests, that is not always correct. The author draws the conclusion about the implicit, objective nature of the described defects and notes an essential impossibility to overcome them.

scholarly journals Anti-corruption compliance in labor relations in the lightof digitalization and achieving sustainable development: an economic and legal examination

2021 ◽  
Vol 3 (95) ◽  
pp. 102-118
Author(s):  
Liliia Amelicheva ◽  
Keyword(s):  
Sustainable Development ◽  
Public Relations ◽  
Labor Economics ◽  
Labor Relations ◽  
Methodological Approach ◽  
Labor Law ◽  
Labor Rights ◽  
Negative Stereotypes ◽  
Labor Legislation ◽  
The Impact

In the process of achieving Sustainable Development Goals by Ukraine and building Industry 4.0 here, which is accompanied by a global digital transformation (digitalization) of all public spheres of activity, such a multifunctional and multidimensional phenomenon as corruption is now a serious threat to all public relations, among which labor relations are no exception. It causes a decrease in the level of labor productivity of active employers due to manifestations of stigma, mobbing, bullying, primarily in relation to employees who expose corruption, etc. The purpose of the study is to clarify the content of one of the main elements of compliance in labor relations – anti-corruption compliance – using a synergetic approach characterized by a combination of labor law and labor economics, as well as to highlight the problems of regulating these relations and develop proposals for improving the current anti-corruption legislation in the field of labor in the light of digitalization of Ukraine and achieving sustainable development herein. The object of the study is the labor relations to ensure and support anti-corruption compliance at enterprises and the system of anti-corruption legislation, including in the field of labor, in Ukraine and abroad, which regulates these relations. The main methodological approach to the study of the chosen topic is synergetic, characterized by a combination of labor law and labor economics. The results of the study in the most generalized form justify the lack of certainty and little investigation of the legal and economic nature of such categories as "compliance" and "anti-corruption compliance", which have not yet become generally accepted for the conceptual apparatus of labor economics and, to a greater extent, labor legislation. Based on the theory of labor legislation and labor economics, the article describes anti-corruption compliance in labor relations as a condition of labor and a condition of an employment contract. The problematic issues of the implementation and regulation of labor relations in the field of anti-corruption compliance are identified: a low level of positive perception of the implementation of anti-corruption compliance policy in labor relations by the management of active enterprises; the existence of negative stereotypes in relation to employees who expose corruption; the lack of a clear methodology for measuring the level of digitalization of state processes today, which hinders the study of the impact of digitalization on strengthening the anti-corruption fight. In order to solve these problematic issues, it is proposed to supplement section X "Labor discipline" of the Labor Code of Ukraine, which regulates the internal labor regulations at an enterprise, institution or organization, with norms on new labor rights and obligations of the parties to labor relations that are directly related to combating corruption.

scholarly journals Jurisprudence-Legal Government Surveillance and Interference in the Relations between Workers and Employers in Egypt

2021 ◽  
Vol 4 (2) ◽  
pp. 49-55
Author(s):  
Lotfi Tudros Rizk
Keyword(s):  
Social Order ◽  
Industrial Revolution ◽  
Labor Relations ◽  
Labor Law ◽  
Labor Rights ◽  
Government Supervision ◽  
Government Involvement ◽  
Government Surveillance ◽  
Group Workers ◽  
Weak Party

One of the most important laws of the countries is the labor law whose the target society is made of a large number of people, i.e. workers and employers. There are laws and regulations in Egypt on the relation between the workers and the employers. There are also principles for protecting this group (workers) as the fundamental principles of work, all of which are intended to improve the workers' lives and to establish rules that will better serve the interests of workers. The main aim of the labor rights is to improve the socioeconomic status of workers and to provide more security and justice and also to establish a social order for this class of society. The present study is a descriptive-analytic research, which investigates jurisprudential-legal government supervision and interference in the relation between the worker and the employer in Egypt. The results indicate that the necessity of government involvement in worker-employer relations has two main reasons. These reasons include changing the nature of labor relations after the industrial revolution and changing the function of government in contemporary time. The complexity and transformation of various relationships, including labor relations, which justifies the need for the intervention of a superior power to support the weak party of this relationship.

scholarly journals Uberization of labor and Marx’s Capital

2021 ◽  
Vol 24 (1) ◽  
pp. 228-234
Author(s):  
Guilherme Nunes Pires
Keyword(s):  
Labor Relations ◽  
Labor Relation ◽  
Labor Process ◽  
Labor Rights ◽  
Digital Platforms ◽  
Capitalist Economy ◽  
Essential Nature ◽  
Indirect Control ◽  
Gig Economy ◽  
Working Day

Abstract: In the last decade, we saw the expansion of digital platforms and decentralized and freelance labor relations in the global capitalist economy. This combination has been called Gig Economy and its specific labor relation Uberization. This process is directly link to the intensification of work, working day expansion, low remuneration, absence of labor rights and amplification of indirect control over the labor process. Although this phenomenon appears as something new, considering Marx’s analysis of piece-wage in Capital, it’s possible to see the very features and consequences of Uberization. The remuneration, be it by hour or piece/gigs, no alters the essential nature of labor relations in capitalism. The aim of this paper is, therefore, to identify that Marx’s Capital already anticipated this tendency of capitalist economy and traced the main consequences of Uberization of labor.

scholarly journals On the issue of labor relations in the gig economy of Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 129-135
Author(s):  
Ihor Alieksieienko
Keyword(s):  
European Union ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
The European Union ◽  
Independent Contractor ◽  
Gig Economy ◽  
Definition Of ◽  
The Eu

The article discusses some of the issues of the application of labor (employment) law to regulate labor relations in the gig economy of Ukraine. In recent years Ukraine occupied one of the first places in the world by its growth rate. A small part of those employed in it work as employees on the basis of employment contract, and the overwhelming majority as self-employed contractors or without formalized legal relations. At the same time, there are signs of labor relations in the work of the latter. Therefore, the issue of legal regulation of their work by labor law is of great practical and theoretical importance not only in Ukraine, but also in the European Union and other countries. The author paid some attention to studying the experience of the European Union on the regulation of labor relations in the gig economy. Here, judicial practice, the case law of the Court of Justice of the EU, as well as legal acts of the Parliament and Council of the EU. According the author, these documents pursue the goal of extending the labor law to workers of gig economy, who are in fact not self-employed, but employees. The person is qualified by EU law as employee if his independent is merely notion, thereby disguising an employment relationship. Among the legal documents of Ukraine regarding these issues first of all, it is necessary to name the draft law “On Amendment to Labor Code on Definition of Labor Relationships and signs of their Existence”. It introduces 7 signs of employment: if three of them are present – a person is presumed to be an employee. In general, this draft law contains progressive provisions. At the same time, the Law “On Promoting the Development of Digital Economy in Ukraine” is quite contradictory. So if the whole world tries to provide labor rights for gig workers who have no signs of self-employed independent contractor, this Law introduces the terms “gig-specialist” and “gig-contract” and takes them outside the labor law, qualifying them as civil law. At the same time this Law grants “gig-specialists” their own separate labor rights instead of others, including collective. Thus, regulation of labor relations in the gig economy of Ukraine needs improvement based on the study and application of the positive experience of EU legislation and jurisprudence.

Owner’s role in realization of labor rights of employee

2021 ◽  
pp. 168
Author(s):  
Vladinir Mironov
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Labor Rights

The article is devoted to the problem of fulfillment of obligations of the employer who depends on the owner. The owner is not a subject of labor law. For these reason he is not responsible for the obligations of the employer to employees. In turn, the employer is not able to fulfill obligations in labor relations without providing the owner with the necessary funds. Emerging in the field of labor relations conflicts often get settled by restriction of the labor rights of the employees. Typical examples in this situation are used in this article. The authors have tried to develop recommendations to attract the owner to fulfill the obligations of the employer in labor relations.

scholarly journals Abuse of rights as an unlawful implementation of labor law

1970 ◽  
pp. 164-168
Author(s):  
Yana Simutina
Keyword(s):  
Trade Unions ◽  
Labor Relations ◽  
Labor Law ◽  
Good Faith ◽  
Labor Rights ◽  
Employment Contracts ◽  
Employment Contract ◽  
Labor Legislation ◽  
Legitimate Interests ◽  
Abuse Of Law

The article studies the problem of abuse of law in the context of the implementation of labor law. In this context, the abuse of labor rights should be understood as a special type of legal behavior consisting in the exercise by subjects of labor relations of their rights in an inappropriate way, that contradicts the purpose and principles of the branch of labor law, as a result of which legitimate interests are ignored and other subject of labor relations can be harmed. The concept of "abuse of rights" is closely linked to the principle of integrity. In exercising their rights and performing their duties, the subjects of the employment relationship must act in good faith. The principle of good faith in labor law should characterize the aspirations of the subjects in a proper and honest manner to exercise the granted labor rights and to fulfill their obligations. Specific forms of abuse of rights by employees are: 1) concealment of temporary disability; late notification of temporary disability at the time of dismissal; 2) concealing information about pregnancy; 3) concealing the fact of disability; 4) deliberate task of material harm to the employer by unfair acts - termination of the employment contract at will, and then appeal of dismissal; 5) deliberate delay in obtaining a work book or settlement upon dismissal and the like. Employers resort to abuse of rights mainly in the following cases: 1) when dismissing an employee; 2) when fulfilling the duties of creating an employee the necessary conditions for performing the work function; 3) in case of repeated renegotiation of fixed-term employment contracts with an employee; 4) when giving an employee guarantees in case of termination of the employment contract stipulated by the labor legislation, etc. It is proved that one of the main directions of further improvement of labor legislation is the need to establish the principle of good faith and the inadmissibility of abuse of law as one of the branch in the science of labor law, which should apply to all subjects of labor and related relations - workers, employers, trade unions, associations of employers.

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