scholarly journals Elements of Precarious Employment in the Work of Scientifc and Pedagogical Workers

Lex Russica ◽  
2021 ◽  
Vol 74 (10) ◽  
pp. 36-46
Author(s):  
N. V. Chernykh
Keyword(s):  
Legal Status ◽  
General Structure ◽  
Working Hours ◽  
Legal Regulation ◽  
Educational Institutions ◽  
Precarious Employment ◽  
Social Partnership ◽  
Employment Conditions ◽  
Conditions Of Employment ◽  
Labour Regulation

The paper highlights the problem of the growth of the segment of precarious employment in the work of researchers and the faculty, who work mainly in scientific and educational institutions (scientific and pedagogical workers). Besides the elements of precarious employment characteristic of the category of workers under consideration, the author considers the fixed-term nature of labor relations and the low level of the conditionally constant part of wages in the general structure of wages of scientific and pedagogical workers, which can be attributed to the legal prerequisites for the deterioration (precarization) of their labour regulation. In addition to the acts of federal legislation regulating the labor of scientific and pedagogical workers, the author analyzes the provisions of the relevant acts of social partnership for the period from 2015 untill 2023. The author highlights the problem of increasing the types of work included by the employer in the employment of the “second half of the day” of scientific and pedagogical workers without paying additional wages. The lack of legal regulation of the distribution of types of work performed by a scientific and pedagogical worker within a 36-hour working week is also noted by the author among the legal preconditions that, with appropriate law enforcement, worsen the conditions of employment of such workers due to the significantly increasing proportion of time that workers spend on achieving performance indicators and efficiency determined by the employer. In the conclusion of the paper, the author justifies amendments to the legislation in terms of regulating a fixed-term employment contract, establishing the share of guaranteed wages in the overall structure of wages, regulating the types of work included in the working hours of scientific and pedagogical workers at the level of a by-law, which cumulatively will promote sustainability of employment conditions for employees and improve their legal status.

scholarly journals “The lottery of my life”: Migration trajectories and the production of precarity among Bangladeshi migrant workers in Singapore's construction industry

2018 ◽  
Vol 27 (3) ◽  
pp. 249-272 ◽  
Author(s):  
Grace Baey ◽  
Brenda S. A. Yeoh
Keyword(s):  
Labor Markets ◽  
Construction Industry ◽  
Migrant Workers ◽  
Labor Migration ◽  
Legal Status ◽  
Construction Workers ◽  
Host Society ◽  
Precarious Employment ◽  
Employment Conditions ◽  
Migration Industry

Within the scholarship on precarity, low-waged contract-based migrants are recognized as centrally implicated in precarious employment conditions at the bottom of neoliberal capitalist labor markets. Precarity as a socially corrosive condition stems from both the multiple insecurities of the workplace as disposable labor, and a sense of deportability as migrant subjects with marginal socio-legal status in the host society. Our study of Bangladeshi construction workers in Singapore contributes to refining understandings of precarity by approaching labor migration as a cumulative, intensively mediated process, whereby risks and vulnerabilities are compounded across different sites in migrants’ trajectories, even as they enact themselves as mobile, aspiring subjects. As a condition-in-the-making, precarity is experienced and compounded, through a continuum beginning in pre-migration indebtedness, multiplying through entanglements with the migration industry, and manifesting in workplace vulnerabilities at destination. It is most finely balanced when predictability and planning yield to arbitrary hope.

scholarly journals Features of Establishment of Legal Foundations for Private Education in Ukraine

New Collegium ◽  
2021 ◽  
Vol 2 (104) ◽  
pp. 54-60
Author(s):  
V. Astakhov
Keyword(s):  
Legal Status ◽  
Private Universities ◽  
Legal Regulation ◽  
Educational Institutions ◽  
Educational Legislation ◽  
Legal Foundations ◽  
State Educational ◽  
Continue Work ◽  
Qualitative Characteristics

The article is devoted to the problems of legal regulation of the functioning of private universities in Ukraine on the example of one of the first such educational institutions – Kharkov Humanitarian University "People's Ukrainian Academy". The article presents a historical retrospective of the main legal conflicts in the activities of the PUA, which were not only resolved in its favor, but also formed the basis for the correction of the current legislation by amending the regulations governing the activities of educational institutions in Ukraine. The relevance of this topic is mainly due to the need to amend the current legislation in order to ensure the equality of the legal status of educational institutions based on various forms of ownership and which are still in a state of intense competition for consumers of educational services. The analysis of the current educational legislation presented in the article testifies to the continuing normative consolidation of preferences for state educational institutions, which leads to legal discrimination of private universities. This, in turn, not only contributes to a decrease in the quality of educational activities of private educational institutions, but can also lead to their self-liquidation. The article also emphasizes the need to continue work on the correlation of educational and civil legislation. For this purpose, as well as to improve the overall qualitative characteristics of the functioning of the Ukrainian educational industry, the emphasis is placed on the need to systematize the norms of educational legislation as one of the forms for its improvement. At the same time, one of the main means of conceptual renewal of the system of educational legislation of Ukraine is its early codification, which should lead to the creation of a single systematized act – the Code of Ukraine on Education.

scholarly journals Improvement of the Legal Regulation of Academic Researchers’ Labour in Russia and Abroad

2020 ◽  
Vol 15 (9) ◽  
pp. 50-58
Author(s):  
N. V. Chernykh
Keyword(s):  
Legal Status ◽  
Working Hours ◽  
Legal Regulation ◽  
Educational Organizations ◽  
Federal Law ◽  
Scientific Organizations ◽  
Academic Researchers ◽  
Contract Of Employment ◽  
The Russian Federation ◽  
Heads Of State

The paper investigates the issues of a legal status of scientists, researchers and persons involved in conducting scientific research (supporting personnel), analyzes changes under the Federal Law No. 157-FZ of May 25, 2020, “On amendments to the Labour Code of the Russian Federation with regard to the establishment of the limit age for replacement of positions of heads, deputy heads of state and municipal educational organizations of higher education and scientific organizations and heads of their branches,” determines the directions of improvement in legislation associated with insufficient legal regulation of working hours of scientific workers. The author examines the issue of scientific workers’ labor norming and substantiates the necessity of implementing labor standards for scientific workers in order to exclude their overworking. In addition, the paper focuses on problems related to the introduction of researchers’ performance and efficiency indicators that have appeared due to the introduction of an “effective contract” (a performance-based contract of employment).

Administrative law

2021 ◽  
Author(s):  
Anatoliy Mironov
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Academic Discipline ◽  
Legal Regulation ◽  
Administrative Law ◽  
Educational Institutions ◽  
Executive Power ◽  
Federal State ◽  
Legal Norms ◽  
State Educational

The textbook deals with: the subject and method of administrative law; administrative-legal norms and relations; the ratio of public administration and executive power; administrative-legal status of citizens and organizations; civil service; forms and methods of public administration; administrative process; administrative-legal regimes; administrative-legal regulation of the organization of public administration in various fields of activity; responsibility for committing administrative offenses. Meets the requirements of the federal state educational standards of secondary vocational education of the latest generation and the program of the academic discipline "Administrative Law". For students of secondary professional educational institutions studying in legal specialties, as well as for readers interested in the problems of administrative law.

scholarly journals INTERNATIONAL TOURIST LAW: TENDENCIES AND DEVELOPMENT

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0
Author(s):  
Тельман Сабир оглы Рагимов ◽  
Telman Sabir ogly Ragimov
Keyword(s):  
Legal Status ◽  
Working Hours ◽  
Legal Regulation ◽  
International Travel ◽  
General Assembly ◽  
Political Rights ◽  
International Treaties ◽  
International Tourist ◽  
Wide Range ◽  
The Right

The article deals with the formation of the international tourist law, main sources and international and legal documents that regulate the tourism business. On the basis of international documents the author sets forth general principles of the international tourist law. The author also defines the legal status of a tourist and an international traveler on the basis of existing international conventions and agreements in tourism business. A number of international treaties, conventions, declarations, as well as resolutions of international organizations form the base of international legal regulation of tourism and international travel. Thus, Art. 24 of the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations Organization on December 10, 1947, reads, in particular, as follows: “Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay”. Article 12 of the Covenant on Civil and Political Rights, adopted by the UN General Assembly on December 16, 1966, confirms the right of each person to be free to leave any country, including his own. Resolutions and recommendations of the 1963 UN Diplomatic Conference on International Travel and Tourism deal with the promotion of tourism development in various countries of the world and simplification of formalities concerning tourism and international travel. In the modern context, tourism and international travel, as one of the forms of international economic relations, have gained a universal scale and have started to exercise significant influence on political, economic and cultural contacts between states and nations. The institute of the international tourist law is a body of principles and norms, regulating states’ activity in the sphere of tourism and international travel with the purpose of satisfying a wide range of people’s cultural and spiritual needs.

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.

Organizer of Scientific Activity as a Subject of Intellectual Rights

2020 ◽  
pp. 42-53
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Research Teams ◽  
Legal Structure ◽  
The Status ◽  
Scientific Results ◽  
Exclusive Right ◽  
Academic Search ◽  
Scientific Team

The author analyzes the legal status of the organizers of artistic creation, enshrined in the Russian legislation de lege lata, and develops the legal status of the organizer of scientific activities de lege ferenda. It is proposed to consider the organizer of scientific activity as only the head of the temporary scientific team, the purpose of which is to solve a specific scientific problem. A set of elements of the legal structure is formulated, which may be fixed in a normative manner in order to ensure uniformity of legal regulation of the activities of temporary research teams. The status of the organizer of scientific activity is determined on the base of his organizational efforts to guide the creative activities of the team (a distinction is made between the creative and organizational contribution of the head of the scientific team to the overall result). Various options for modeling the legal status of the organizer of scientific activities are discussed: inclusion of the organizer among the co-authors the scientific results obtained by the team; inclusion of the organizer among the co-authors in case if he / she has a creative idea (topic) of academic search; granting the organizer related intellectual rights to the entire result obtained by the team. It is presumed that the organizer of scientific activity is the author of the idea of scientific search for solving the task set for the temporary team. It is concluded that the organizer of scientific activity (the head of the temporary scientific team) must be endowed with related intellectual rights: 1) the exclusive right to use the scientific result obtained by the team as a whole, and 2) the personal non-property right to indicate his name in any use of this result. The author substantiates the content, non-turnover and special validity period of the exclusive right of the organizer of scientific activity.

LEGAL REGULATION OF WORKING HOURS: HISTORY AND MODERNITY

2020 ◽  
Author(s):  
Тамила Магомедовна Нинциева
Keyword(s):  
Working Hours ◽  
Legal Regulation ◽  
Working Time

В представленной статье рассматриваются исторические особенности развития правового регулирования рабочего времени, анализируются отдельные нормативные акты, регулирующий данный вопрос. This article discusses the historical features of the development of legal regulation of working time, analyzes individual regulatory acts governing this issue.

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

Sign in / Sign up

Export Citation Format

Share Document