scholarly journals The Impact of a New Industrial Revolution on the Development of Labor Law and Social Security Law

Author(s):  
K. D. Krylov

The paper reflects the scientific discussions held at the VI Moscow Legal Forum on the 100th anniversary of the International Labor Organization, international legal regulation of labor and social security, the impact of the fourth industrial revolution on the development of labor law and social security law, manifestations of legal traditions and innovations in the field labor and social security.

2020 ◽  
pp. 414-421
Author(s):  
Т. Л. Жовнір

The relevance of the article is that the legal status of the subject of social security, regardless of whether it is a person who provides social security or receives such security, is a dynamic legal category. It is this feature that completes the final formation of a holistic view of this legal status. It reveals the property of legal status, which connects it with real legal relations allows to ensure continuous improvement of the rights and responsibilities of the subject of social security in view of changes in social reality, the emergence of new social risks in connection with the development and the introduction of new progressive ideas for the implementation of social security. It is the dynamism that allows us to consider the legal status of the subjects of social security law not only as an abstract theoretical category of social security law, but also a specific concept of legal practice. An important means for such development and improvement of the legal status of social security law subjects is the constant and systematic interaction of such subjects with each other and with the state as a guaranteeing subject of social security law in the form of social dialogue. The purpose of the article is to clarify the features of the legal regulation of the participation of self-employed persons in social dialogue. The article analyzes the understanding of the concept of social dialogue in accordance with the standards of the International Labor Organization and Ukrainian legislation, given the imperfection of the legal definition of the term in national law, and notes the impact of such wording on the legal status of self-employed persons. In the future, based on the disclosure of the legal regulation of social dialogue in Ukraine, the problems of participation of self-employed persons in social dialogue, their representativeness and the ability to protect their social rights in this form of public-private cooperation. In connection with the above, the desired and corresponding real state of legal regulation of the researched problems is determined.


2021 ◽  
Vol 77 (4) ◽  
pp. 85-92
Author(s):  
Liubov Kotova ◽  
◽  
Victoria Tiutiunnyk ◽  

European labor law as a supranational law of the member states of the European Union is interesting to consider its "pros" and "cons", which should be taken into account when reforming Ukrainian labor legislation. The article studies the main provisions of European labor law and the dynamics of changes in European labor law. Ukrainian labor law is national, European labor law is supranational in nature and is binding on any EU member state. The competence of the EU is delimited from the competence of the Member States, the principles of subsidiarity and proportionality are applied. The EU can only act within the limits agreed by the Member States. Labor law at the national level is formed independently by the state, the EU complements national legislation, primarily on the health of workers, working conditions, protection of workers in dismissal. Initially, European labor law was conceived as one of the tools for creating a common market that promotes gradual unification, dictated by economic integration and the political context. Then the European social model began to develop through the harmonization of national legislation to which the social partners are "tied". The process is carried out through the consolidation of fundamental social rights at the EU level, as well as through the use of flexible methods aimed at the approximation of national laws. EU labor law, like Ukrainian labor law, complies with all the basic principles and provisions of international labor law. To date, Ukraine has ratified 70 The International Labor Organization (ILO) conventions. Acts of EU law have supremacy over national law. Even if a state does not bring national legislation into line with the directive, its violation can be challenged in an EU court. Judges of national courts are in some cases directly required to seek interpretation of European law in the European Court of Justice in Luxembourg. In the article we consider the legal regulation of major issues in the field of labor: labor protection, an employment contract, working hours, leisure time, wages, protection of personal data of employees and social partnership.


2020 ◽  
pp. 48 (66)-54 (73)
Author(s):  
A. V. Mikhailov

The Fourth industrial Revolution, together with the transformation of labor law in connection with the further digitalization of production processes, implies further development and change of the norms of the Institute of labor protection. Based on the analysis of possible prospects for the development of legal relations in this area, the conclusion is made about the complexity of legal regulation of labor protection due to the increase in the volume of remote labor and the use of online control of production processes. English version of this article is available at URL: https://panor.ru/articles/impact-of-the-fourth-industrial-revolution-on-the-transformation-of-labour-safety-standards/63659.html


2021 ◽  
Vol 83 (1) ◽  
pp. 44-51
Author(s):  
S. Bespalyy ◽  
◽  
Ye. Ifutina ◽  

Computer systems and technologies are changing our society significantly. These changes are interconnected with both social and production spheres. Innovative digital technologies have a huge impact on the labor market and professional activity, contributing to their transfer to the electronic environment. Using digital technologies, modern people set new goals and solve problems with an increasing speed of problem solving, capitalizing on the possibilities of collaborative distributed actions within networks. In this regard, new competencies of specialists are in demand. Purpose: The purpose of this study was to establish the impact of the fourth industrial revolution on the education system and the development of skills and thinking for learning. Methods: When conducting scientific research, economic and statistical methods were used. These methods were also used in comparative analysis, as well as in assessing data and indicators of the higher education system, taking into account the impact of the fourth industrial revolution. The analytical method was used to consider the characteristics and factors influencing the development of skills and thinking for learning in modern conditions. The abstract-logical method is used to identify problems affecting the development of the labor market under the influence of digital technologies. Results and their value: The result of the study is that conclusions are drawn about the upcoming changes. Automation and digitalization are likely to lead to significant unemployment in most countries, so adaptation innovation policies are needed to help offset unemployment due to digitalization. Governments need to invest heavily in higher education as an economic development tool for their citizens. Lifelong learning should be identified as a critical element of success in the era of the fourth industrial revolution. Curricula should develop digital skills and address workforce disruptions due to automation.


Author(s):  
HUSEYIN SEVGI

Objective: International Labor Organization (ILO) has established some supervisory systems to check the extent to which its decisions are implemented. With these supervisory systems, the organization tries to determine to what extent its decisions are implemented by the member countries. In this context, this study aims to classify the types of ILO supervisory systems and to analyze how they work and how effective they are. Methods: This study is based on a systematic literature review. Rather than the traditional literature review, a systematic literature review implies that efficient, systematic, and reproducible methods to identify, evaluate, and synthesize existing literature. As the basis of the literature review, ScienceDirect databases have been selected. 239 research articles and 23 book chapters were analyzed. Results: When we examine the supervisory mechanisms in the ILO, one point should be emphasized to fully grasp the topic as a whole and to define the impact of the organization in today’s global capitalist system: ILO is an international organization with no concrete sanction power despite its many supervisory systems. Conclusions: The main reason for the lack of sanction tools in the ILO’s control system lies in its ideological background. As a representative of the reformist ideology, the ILO aims to impose its rules on the states by “persuasion method” as required by this ideology.


Author(s):  
Yelyzaveta Snitko ◽  
Yevheniia Zavhorodnia

The development of a modern economy, in the context of the fourth industrial revolution, is impossible without the accumulation and development of human capital, since the foundation of the transformation of the economic system in an innovative economy is human capital. In this regard, the level of development and the efficiency of using human capital are of paramount importance. This article attempts to assess the role of human capital in the fourth industrial revolution. In the future, human talent will play a much more important role in the production process than capital. However, it will also lead to a greater division of the labor market with a growing gap between low-paid and high-paid jobs, and will contribute to an increase in social tensions. Already today, there is an increase in demand for highly skilled workers, especially in high-income countries, with a decrease in demand for workers with lower skills and lower levels of education. Analysis of labor market trends suggests that the future labor market is a market where there is simultaneously a certain demand for both higher and lower skills and abilities, combined with the devastation of the middle tier. The fourth industrial revolution relies heavily on the concept of human capital and the importance of finding complementarity between human and technology. In assessing the impact of the fourth industrial revolution, the relationship between technology, economic growth and human resources was examined. The analysis was carried out in terms of three concepts of economic growth, technological change and human capital. Human capital contributes to the advancement of new technologies, which makes the concept of human capital an essential factor in technological change. The authors emphasize that the modern economy makes new demands on workers; therefore it is necessary to constantly accumulate human capital, develop it through continuous learning, which will allow the domestic economy to enter the trajectory of sustainable economic growth. The need to create conditions for a comprehensive increase in the level of human capital development is noted.


2021 ◽  
Vol 33 (2) ◽  
pp. 289-318
Author(s):  
Sidasha Singh ◽  
Juanitta Calitz

Within the context of the fourth industrial revolution, cryptocurrencies pose several challenges in the framework of corporate insolvency law. In South African law, no statutory framework vis-à-vis cryptocurrencies, such as Bitcoin, currently exists. This has however not prevented entities from engaging in the cryptocurrency market. The specific dilemma is that insolvency practitioners do not have legislative guidelines to assist them in dealing with the subject of cryptocurrencies. Consequently, international judicial developments must be consulted and analysed with the aim to close the gap between the legislature and Industry 4.0. This article unpacks the South African legal position on cryptocurrencies within the context of the statutory powers and duties of insolvency practitioners. It engages in an analysis of selected international courts cases that have dealt with the concept of cryptocurrencies within the context of insolvent estates and continues to make recommendations for the development of an efficient and effective regulatory model.


Sign in / Sign up

Export Citation Format

Share Document