3 “Heading into Uncharted Waters” congress, employer sanctions, and labor rights

2021 ◽  
pp. 61-80
Author(s):  
Lesja Kosmii

Goal. The purpose of this work is to analyze the norms of the current labor legislation regarding the regulation of the relations between the employee and the employer in the introduction of any restrictions and anti-epidemic measures in the conditions of national quarantine and prevention in such conditions of violations of labor rights of employees. It is important that during the course of the COVID-19 coronary pandemic measures, they were not only effective but also violated human rights, including work. Method. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material, experience of foreign countries and formulation of relevant conclusions and recommendations. During the research the following methods of scientific knowledge were used: terminological, comparative, functional, system-structural, logical-normative. Results. During the research it was found that the Ukrainian legislature, including foreign experience, was able to respond promptly to the quarantine situation by adopting anti-crisis laws, which did not neglect labor legislation. This is understandable, because in connection with the announcement of quarantine in the whole territory of Ukraine, employers had to make personnel decisions, and the current legislative framework did not clearly regulate the issues that arose. Scientific novelty. The study found that the updating of labor legislation in the area of labor relations regulation during the national quarantine period allows the employer to use certain forms of labor organization, in which the basic labor rights and guarantees of employees can be preserved. Practical importance. The results of the study can be used in law-making and law enforcement activities, as well as by employers in regulating labor relations with employees during the quarantine period.


Author(s):  
Apollinariya Aleksandrovna Sapfirova ◽  
Victoria Gagikovna Oganesyan ◽  
Alina Vadimovna Podgornaya

This paper discusses the implementation of the Federal labor Inspectorate’s powers in the digital economy during the ongoing administrative reform. The effectiveness of this state structure is affected by its dual legal nature, such as the power of labor inspectors is aimed at protecting the rights of em-ployees. In the conditions of the digital economy and the presence of a pandemic, labor rights are fully protected, and the power of Rostrud is limited in relation to supervised objects by prohibiting cer-tain inspections. Under current conditions, the most essential activity of Rostrud is the need to form an electronic supervision system based on the results of the ongoing legal experiment on the introduction of electronic personnel document management. The use of an electronic signature in the activities of Rostrud is the first step in the possibility of imple-menting an electronic surveillance system, which was catalyzed by the pandemic. We believe that elec-tronic supervision will be the next stage of moderni-zation of Rostrud’s activities in the digital economy.


Author(s):  
S. A. Druzhilov

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.


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