scholarly journals Informal employment in Ukraine and formation of institutional conditions of its minimization

2020 ◽  
Vol 2020 (4) ◽  
pp. 34-55
Author(s):  
Yaryna Yuryk ◽  
◽  
Keyword(s):  
Labor Market ◽  
Labor Relations ◽  
Working Hours ◽  
Legal Regulation ◽  
Informal Employment ◽  
Market Regulation ◽  
Institutional Conditions ◽  
Informal Labor ◽  
Hired Labor ◽  
The Individual

The article presents the results of the study on the structure and scale of spread of informal employment in Ukrainian labor market. Based on the analysis of the received estimates, the author makes a social and economic profile of the average worker involved in informal labor relations. The peculiarity of the study is that all estimates are considered separately for hired labor and self-employment, which allows to identify the internal heterogeneity of the structure of informal employment in Ukraine. According to the results of the econometric modeling, the main socio-economic, demographic, settlement, professional and sectoral factors that determine the involvement of the individual in informal employment in Ukraine are identified. Described the basics of legal regulation of labor relations as a formal institution influencing the dynamics of informal employment. Established the relationship between the level of flexibility in the regulation of the labor market in the country and the extent of informal employment among its population. It has been shown that in economies with flexible regulation, as a rule, informal employment is lower. Based on assessments and analysis of the flexibility of labor market regulation in Ukraine by such components as hiring, working hours and staff reductions (rules and costs), bottlenecks in the national legislation have been identified that can cause increased informal employment, which in turn helped determine the main institutional conditions for its minimization.

scholarly journals Informal employment in Ukraine and formation of institutional conditions of its minimization

2020 ◽  
Vol 2020 (4) ◽  
pp. 36-59
Author(s):  
Yaryna Yuryk ◽  
◽  
Keyword(s):  
Labor Market ◽  
Labor Relations ◽  
Working Hours ◽  
Legal Regulation ◽  
Informal Employment ◽  
Market Regulation ◽  
Institutional Conditions ◽  
Informal Labor ◽  
Hired Labor ◽  
The Individual

The article presents the results of the study on the structure and scale of spread of informal employment in Ukrainian labor market. Based on the analysis of the received estimates, the author makes a social and economic profile of the average worker involved in informal labor relations. The peculiarity of the study is that all estimates are considered separately for hired labor and self-employment, which allows to identify the internal heterogeneity of the structure of informal employment in Ukraine. According to the results of the econometric modeling, the main socio-economic, demographic, settlement, professional and sectoral factors that determine the involvement of the individual in informal employment in Ukraine are identified. Described the basics of legal regulation of labor relations as a formal institution influencing the dynamics of informal employment. Established the relationship between the level of flexibility in the regulation of the labor market in the country and the extent of informal employment among its population. It has been shown that in economies with flexible regulation, as a rule, informal employment is lower. Based on assessments and analysis of the flexibility of labor market regulation in Ukraine by such components as hiring, working hours and staff reductions (rules and costs), bottlenecks in the national legislation have been identified that can cause increased informal employment, which in turn helped determine the main institutional conditions for its minimization.

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 Legal basis for the use of digital technologies for monitoring remote workers in the digital economy

2021 ◽  
Vol 106 ◽  
pp. 02007
Author(s):  
Alexey Lada
Keyword(s):  
Video Surveillance ◽  
Labor Relations ◽  
Public Information ◽  
Digital Technologies ◽  
Working Hours ◽  
Legal Regulation ◽  
Automated System ◽  
Legal Basis ◽  
Remote Workers ◽  
E Mail

The article discusses the legal basis for the use of digital technologies in labor relations. Digital technologies can be used both in the performance of work, for example, the work of remote workers, and in the control of employees. When monitoring employees, including remote workers, the use of digital technologies and public information and telecommunications networks by the employer comes first. Moreover, the use of digital technologies by the employer when monitoring remote workers is the only means of control. The author examines the legal regulation of the implementation of such means of control over employees as video surveillance, an automated system for monitoring and recording working hours, monitoring sites that an employee visited from his office computer during working hours, checking correspondence in corporate e-mail, listening to telephone conversations, using billing programs, and provides examples from court practice. The author identifies the defects of legal regulation in these areas and suggests ways to improve the legislation.

MODERN ASPECTS OF LABOR MARKET REGULATION: THEORETICAL AND METHODOLOGICAL CONTEXT

2019 ◽  
Vol 4 (3) ◽  
pp. 350-358
Author(s):  
Alexander SHVETS
Keyword(s):  
Labor Market ◽  
Labor Relations ◽  
Self Regulation ◽  
Well Being ◽  
State Intervention ◽  
State Regulation ◽  
Market Mechanism ◽  
Regulation System ◽  
Market Regulation ◽  
Labor Market Regulation

Introduction. The current trends in the development of socio-economic systems in a globalization dimension lead to an update of the labor market regulation system. In today's conditions in Ukraine, the expectations of the population to improve well-being and quality of life are linked to the exercise of the right to decent work. Reforming labor market regulation processes should ensure both the current internal needs of Ukrainian society and the realization of its European integration priorities. The purpose of the research is to develop modern principles of methodological basis of labor market regulation. Results. Current conditions of Ukrainian economy as a social and economic system have been defined as a crisis. The content of labor market regulation is considered. It is determined that the mechanism of the labor market regulation is a set of normative, legislative or collective agreements, which are guided by partners in the implementation of employment policy. The mechanism of labor market regulation covers the list of economic, social, psychological factors that determine the functioning of the labor market. The mechanism of labor market regulation in the conditions of socio-economic crisis should cover the purpose, agents, objects, subject of investigation, functional support of the goal realization, principles, methods (means), instruments of influence. The purpose of regulating the labor market is related to its state regulation. It is established that objects of state regulation of the labor market are the processes and conditions of functioning and reproduction of the labor force, employment of the population and its individual groups, to which the organizational, coordination and stimulating activity of the relevant subjects of state power structures, the system of labor organization (conditions, regulation, payment, etc.). The objective is clearly defined proportions of government regulation, self-regulation and contractual regulation, substantiation of the limit level of state intervention in issues of employment and social protection of the unemployed. The subjects are represented by the authorities, individuals and legal entities, trade unions, associations and all other participants in labor relations. The object of the mechanism is the social-labor relations between the employee and the employer, as well as the processes and conditions of the labor market. Between subjects and objects should be social dialogue. The subject is seen as problems and contradictions of functioning of the labor market at all levels. Groups of regulatory methods include administrative, informational, economic and organizational-managerial. The functions of the mechanism are represented by planning, motivation, organization and control. The list of general, special principles and principles of the systematic approach of the state regulatory policy in the labor market is given. Keywords: labor market, economic activity of the population, employment of the population, employment level, regulation of the labor market, mechanism of regulation, labor resources.

LEGAL REGULATION OF CERTAIN ADMINISTRATIVE AND ECONOMIC SANCTIONS APPLICABLE BY CIVIL SERVICE OF UKRAINE FOR TRANSPORT SAFETY

2017 ◽  
Author(s):  
Maryna Kovtun ◽  
◽  
Bohdan Shymanskyi ◽  
Vladyslav Harkusha ◽  
◽  
...  
Keyword(s):  
Working Hours ◽  
Legal Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Economic Activities ◽  
State Service ◽  
Commercial Code ◽  
Transport Safety ◽  
Business Entities ◽  
The Individual

The article is devoted to the study of the legal nature of administrative and economic sanction and administrative and economic penalty as its type and separately considered the legality of the application of this type of sanction in a separate case by the State Service of Ukraine for Transport. The scientific positions and approaches to which the type of responsibility should be studied should be studied. It has been established that the positions of scientists are mainly divergent in two directions - some attribute them to economic and legal responsibility, while others to the administrative. The practice of depositing the State Service of Ukraine for transport on the use of an administrative- economic fine to business entities carried out within the territory of Ukraine through the absence of documents containing data of the operation of the device for registration of the registration regime and recreation of drivers (tachographs). On the regulatory and legal basis for regulating the provinces of Ukraine, and the individual provisions of the Commercial Code of Ukraine, the Law of Ukraine "On Automobile Transport", the provisions on working hours and time of rest of drivers of wheeled vehicles, approved by the order of the Ministry of Transport and Communications of Ukraine No340. From the norms of these legislation acts, it becomes clear that the audits on the availability of established tachographs and respectively documents containing data on their work on vehicles carried out internal transportation are not covered by a circle of powers of the State Service for Transport Security. It also notes that administrative courts when considering the appeal of the above-mentioned decisions took the position of the state body and misinterpret the norms of legislation, which in turn leads to the case of unfair decisions that are contrary to the requirements of legislation. It is emphasized on the need to change this false trend in order to avoid illegal interference of state authorities into economic activities of business entities.

scholarly journals Sustainability of workers in terms of the COVID-19 pandemic: international research experience

Upravlenie ◽  
2020 ◽  
Vol 8 (4) ◽  
pp. 101-108
Author(s):  
A. V. Popov ◽  
T. S. Soloveva
Keyword(s):  
Labor Market ◽  
Labour Market ◽  
International Research ◽  
Labor Relations ◽  
Single Point ◽  
Working Hours ◽  
Point Of View ◽  
Technological Aspect ◽  
Research Experience ◽  
The World

The purpose of the article was to study the influence of the COVID-19 pandemic on the sustainability of workers. The paper analyses relevant domestic and foreign publications in the field of labour and employment. There is no single point of view regarding remote employment as one of the most effective ways to preserve health of workers. Among the main disadvantages of remote employment are the lack of live communication and contacts with colleagues, difficulties with organizing the workflow in the technological aspect, as well as the difficulty of combining work and household responsibilities. Researchers have an unambiguous position on reducing the number of working hours, fears of losing jobs or earnings – such risks are increasing in many regions of the world, and part of the population has already directly faced such problems. At the same time, for example, fears of losing a job largely depend on the form of ownership, the specifics of the organization’s activities, etc. The study pays particular attention to the situation of certain categories of workers and vulnerable segments of society in the labour market. The authors outline the prospects for remote employment and maintaining the sustainability of the position of workers in the new socio-economic reality.Keywords: coronavirus pandemic, COVID-19, employment, labor market, labor relations, non-standard employment, remote employment, transformation of employment, unemployment

scholarly journals IDIVIDUALIZATION OF LABOR RELATIONS: TRENDS, PROBLEMS AND SOLUTIONS

2021 ◽  
Vol 45 (4) ◽  
pp. 51-61
Author(s):  
N.V. Loktyukhina ◽  
◽  
E.A. Chernykh ◽  
◽  
◽  
...  
Keyword(s):  
Labor Market ◽  
International Organizations ◽  
Statistical Data ◽  
Labor Relations ◽  
Market Regulation ◽  
Employment Relations ◽  
Social Partnership ◽  
Self Employment ◽  
Problems And Solutions

The object of the study is the trend towards the individualization of labor relations, the main feature of which is that the worker/ employee operates mainly outside the labor collective – one-on-one with the employer, customer, client, digital platform. The purpose of the study is to determine the factors that form the conditions for the individualization of labor relations, including for new generations entering the labor market; to analyze the change in the theoretical essence of the labor market in connection with the individualization of employment relations, expressed in the expansion of the idea of the essence of goods in this market, the form of its movement, as well as the composition of sellers and buyers; to assess the extent of individualization of relations in the context of self-employment, platform and remote employment. In the process of research, the authors used the methods of analysis of scientific literature, statistical data of international organizations, the Federal Tax Service, other departments and Internet sources. As a result of the study, the positive and negative aspects of individualization and risks associated risks were identified, proposals were developed to regulate individual forms of employment relations, covering the sphere of labor and social guarantees, labor market regulation, and the development of a social partnership system (where the role of the trade union in protecting the self-employed is separately considered). The authors conclude that the materials obtained in the course of the study can be used by federal and regional executive authorities performing the functions of developing and implementing state policy.

scholarly journals Family Firms and Labor Market Regulation

2019 ◽  
Vol 8 (2) ◽  
pp. 348-379
Author(s):  
Morten Bennedsen ◽  
Sterling Huang ◽  
Hannes F Wagner ◽  
Stefan Zeume
Keyword(s):  
Labor Market ◽  
Labor Markets ◽  
Family Firms ◽  
Labor Relations ◽  
Employment Protection ◽  
Market Regulation ◽  
Family Control ◽  
Labor Market Reforms ◽  
Lower Variation ◽  
Editorial Decision

Abstract In a panel across twenty-eight countries over 10 years, we show that family firms on average enjoy performance advantages over nonfamily firms only when labor markets are less regulated. We confirm this result in a matched firm sample using a survey-based instrument as a family control. Furthermore, family firms exhibit lower variation in employment levels in less-regulated labor markets, supporting the notion that labor relations drive family firms’ performance advantages. Our results are consistent with the notion that both family ownership and labor market reforms provide employment protection and thus partly substitute as governance mechanisms. Received December 17, 2018; editorial decision April 3, 2019 by Editor Andrew Ellul.

Virtual Mobility and Cross-Border Remote Work: Current Reality and Legal Uncertainty

2021 ◽  
pp. 239-250
Author(s):  
Larisa V. Zaitseva ◽  
◽  
Olga А. Abakumova ◽  
Keyword(s):  
Labor Market ◽  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Tax Law ◽  
Remote Work ◽  
Cross Border ◽  
The Russian Federation ◽  
Ministry Of Finance ◽  
Legal Uncertainty

The aim of the research is to substantiate the urgent need to overcome the legal vacuum and legal uncertainty that have arisen in the Russian Federation regarding the possibilities of legal work remotely abroad. This study analyzes the norms of labor and tax law of the Russian Federation that regulate relations associated with remote work of a person who is outside the Russian Federation in the interests of an employer registered in Russia. The official letters of the Ministry of Labor and Social Protection of Russia and the Ministry of Finance of Russia, which express diametrically opposite positions of these state bodies on the possibilities of legal crossborder remote work, have been studied. The main methodological approaches in the study were comparative jurisprudence and the method of expert assessments. Also, analysis and synthesis, statistical, formal legal and functional methods were used. The study has found that the modern labor market is characterized by an increase in the number of people working remotely. The phenomenon of the globalization of the labor market in the context of the digitalization of the economy has been updated. It is concluded that it is necessary to distinguish between actual remote work in virtual space and work with duties partially performed remotely. The pros and cons of teleworking as a dynamically developing form of precarious employment are outlined. The thesis about the need to review traditional approaches in labor law in relation to the place of work and workplace as mandatory conditions of an employment contract in relation to remote labor relations is substantiated. The authors’ position, explaining the difference in the approaches of the Ministry of Labor and the Ministry of Finance of Russia in relation to remote work abroad and based on the interpretation of the relevant norms of labor and tax law, is determined. The problems of income taxation and mandatory social insurance of remote employees who are located in a different jurisdiction than their employer are identified. Since the problem of cross-border remote labor has become global, the article provides examples from foreign (US) experience of legal regulation, which are radically different from the modern Russian practice. As a result, general problems of the development of cross-border distance employment and the legal consequences of the development of virtual labor migration from the point of view of labor and tax legislation and the practice of its application have been identified. The conclusion is made about the imperfection of the legal regulation and administrative practice of the Russian Federation in relation to the work of persons engaged remotely outside the jurisdiction of the country of registration of their employer. Separate proposals for improving the Russian legislation, designed to legalize and streamline crossborder distance labor relations, are presented.

scholarly journals Criminalistics analysis of fraud in the labor market

2020 ◽  
Vol 3 (3) ◽  
pp. 240-244
Author(s):  
Iryna Antonyuk
Keyword(s):  
Labor Market ◽  
Law Enforcement ◽  
Labor Relations ◽  
Criminal Activity ◽  
Legal Regulation ◽  
Market Reform ◽  
Specific Situation ◽  
Law Enforcement Agencies ◽  
Labor Market Reform ◽  
Employment Services

The article is devoted to the study of organizational and economic mechanisms of regulation of employment in Ukraine. It is emphasized that, in modern conditions of economic development, the problems of effective employment of the population of Ukraine, labor market reform and prevention of mass unemployment become especially important. The labor market is central among other markets. At the same time, the imperfection and existence of conflicts in labor and civil legislation, as well as the inability of law enforcement agencies to resist all new manifestations of fraud, have led to the spread of fraudulent activities in the labor market. A person who has lost faith in finding a decent job, suddenly receiving such an offer, loses vigilance and can accept questionable conditions, as a result of which he becomes a victim. It is emphasized that it is impossible to understand the problem of fraud without studying the pe-culiarities of the labor market and identifying the factors that affect the level of fraud in this area. The activity of persons acting as employers, as well as providing employment mediation services is analyzed, the nature of social and labor relations with employees is described, a number of normative legal acts regulating the sphere of employment are analyzed. There are shortcomings in the legislation governing labor relations. Some factors and circumstances influencing the occurrence of fraudulent manifestations in the field of employment services are considered. It is emphasized that the specifics of criminal activity in the labor market significantly depends on the socio-economic situation and the legal regulation of relevant procedures, legal conflicts and differences in legislation, to which fraudsters react quickly to commit a criminal plan. In this case, fraudsters adapt to the specific situation, based on the dynamics of favorable and unfavorable factors, adapting to new conditions.

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