scholarly journals Illegal employment: problems to prosecute subjects of labor relations

2016 ◽  
Vol 3 (3) ◽  
pp. 138-143
Author(s):  
L A Galaeva
Keyword(s):  
Labor Relations ◽  
Legal Responsibility ◽  
Legal Analysis ◽  
Labor Laws ◽  
Employment Contract

He article investigates the issues related to the regulation of administrative - legal responsibility of subjects of labor relations for failure to conclude an employment contract. Readers are invited to the author’s understanding of forms of illegal employment. As a result of the legal analysis of the issue justified by the need to improve existing labor laws relating to the conduct unscheduled inspections

scholarly journals Comparative research on some peculiarities of labor regulation of outsourced employees in Russia and China

2020 ◽  
pp. 56-68
Author(s):  
Ekaterina Vasil'evna Rakitina
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Labor Laws ◽  
Social Partnership ◽  
Atypical Form ◽  
Legal Position ◽  
Similarities And Differences ◽  
Chinese Labor

The subject of this research is the peculiarities of legal regulation of labor outsourcing as an atypical form of employment. Compared to traditional labor relations, labor outsourcing is characterized by multi-agency, which explains the peculiarities of its regulation. The article compares some of the specificities of legal regulation of the labor of outsourced employees within Russia’s and China’s labor law: peculiarities of emergence of relations on labor outsourcing, delineation of employer authority between the sending and receiving parties, social-partnership relations, legal position of outsourced employees, and labor legal responsibility regarding relations on outsourced labor as type of employment. The results of the conducted research yield a conclusion on the similarities and differences in legal regulation of labor of outsourced employees within Russian and Chinese labor laws. The similarities can be found in the structure of relations on outsourced labor, specificity of emergence of relations on outsourced labor based upon dual agreements – employment contract and staffing contract. There are also some similarities and differences in regulation of delineation of employer authority between the sending and receiving sides; in establishment of the legal position of outsourced employees, namely with regards to payment of wages; in resolution of the question of participation of an outsources employee in the relations on social partnership; in regulation of labor law liability of the sides of outsourced labor relations.

GENESIS OF LEGAL RESPONSIBILITY OF JUDGES IN UKRAINE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
The State ◽  
Judicial System ◽  
Court Decision ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Legal Literature ◽  
Modern Methods ◽  
The Status ◽  
Moral Damage

The article examines the features of the formation (genesis) of legal responsibility of judges in Ukraine (from Kievan Rus to the present day). It has been proven that at present there are many problems regarding the criminal (legal) responsibility of judges. It was found that judges are insufficiently protected from manifestations of criminal prosecution, which, in turn, affects the increase in loyalty to the prosecution, in contrast to the defense in the criminal process. It has been established that today there are no perfect mechanisms for appealing the inaction of judges in court. It was determined that bringing judges to disciplinary responsibility in the High Council of Justice does not fully comply with the requirements of the European Charter on the Status of Judges. Based on the results of the legal analysis of the activities of the institutions of judicial responsibility, it was found that modern methods of bringing judges to justice in Ukraine are imperfect, often contradictory, and in some cases allow judges to avoid responsibility. It has been established that the issue of civil liability of judges for carrying out wrong actions against citizens today requires an urgent solution, since the legal literature does not fully disclose the provisions that govern the conditions, grounds and procedure for holding judges accountable for resolving unfair sentences and implementing illegal actions that entail material and/or moral damage to citizens. It has been determined that for harm caused as a result of an unjust court decision made by a judge, as well as due to the judge's inaction, property liability is imposed on the state, since the judge conducting the proceedings acts on behalf of the state, that is, Ukraine. It was found that today a judge can be brought to disciplinary responsibility in cases determined in accordance with the Law of Ukraine «On the Judicial System and the Status of Judges».

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

scholarly journals Trabalho digno para quem? Sobre a formalização do trabalho precário no Brasil / Decent work for whom? About the formalization of precarious work in Brazil

2020 ◽  
Vol 4 (4) ◽  
pp. 580-586
Author(s):  
Marina Batista Chaves Azevedo de Souza ◽  
Viviane Fonseca Santos ◽  
Daniela Da Silva Rodrigues
Keyword(s):  
Labor Relations ◽  
Health And Safety ◽  
Labor Rights ◽  
Decent Work ◽  
Labor Laws ◽  
Precarious Work ◽  
Role Of The State ◽  
Labor Legislation ◽  
The Government

A arte desenhada sobre papel simboliza os trabalhadores e as trabalhadoras, e suas constantes lutas sociais pela manutenção dos direitos trabalhistas no Brasil, conquistados na década de 1943, com a Consolidação das Leis Trabalhistas (CLT). Trata-se de um estatuto de Normas Regulamentadoras - NR de relações individuais e coletivas de trabalho para aqueles contratados formalmente com vínculo empregatício. Em 2017, o Governo aprova a Lei nº 13.467, reconhecida como Reforma Trabalhista, a qual exclui mais de cem artigos da CLT, reduz direitos e o papel do Estado em relação à proteção da dignidade do trabalhador. Posteriormente, a classe trabalhadora sofreu novo impacto em 2019, momento em que o Governo Federal promoveu a extinção do Ministério do Trabalho e Emprego (MTE), órgão responsável pela fiscalização e regulamentação das relações de trabalho no país. Isso gerou o fracionamento das atribuições das Leis de trabalho em três pastas ministeriais, fragilizando ainda mais as normas trabalhistas, dificultando a interlocução entre o trabalhador e empregadores e formalizando a precarização do trabalho. Nesse sentido, a imagem representa os desmontes que o trabalhador vem sofrendo, ao longo dos anos, em relação à legislação e aos direitos trabalhistas, mas também à saúde e à previdência social. A flexibilização das relações no ambiente laboral revela uma nova configuração do mundo do trabalho, uma realidade ainda mais perversa, pautada em um discurso neoliberalista de "menos direitos e mais liberdade para o trabalhador", porém, que carrega como consequências a redução do emprego digno, de saúde e segurança para os trabalhadores brasileiros. AbstractThe art drawn on paper symbolizes the workers and their constant social struggles for the maintenance of labor rights in Brazil, conquered in the 1943s by the Consolidation of Labor Laws (CLT). The CLT is a statute of the Regulatory Norms - NR about individual and collective labor relations for those formally hired with an employment relationship. In the year of 2017, the Government approved the Law 13.467 that implemented a Labor Reform, which excludes more than one hundred articles from CLT reducing many workers rights and the role of the State regarding the protection and dignity of the workers. Subsequently, the working class suffered a new impact in the year of 2019, when the Federal Government extinguished the Ministry of Labor and Employment (MTE), the institution responsible to monitor and regulate labor relations in Brazil. This fact caused a division of the attributions of the Labor Laws into Three Ministerial Portfolios, further weakening labor standards making it more difficult for workers and employers to communicate with each other, formalizing precarious work. Thus, this image represents the problems workers has been suffering, over the years, due to the lack of labor rights, health and social security. The flexibilization of labor relations reveals a new configuration for the labor society and provides an even more perverse reality based on a neoliberalist discourse that propagates the idea of "less rights and more freedom for the workers", reducing decent employment, health and safety for Brazilian workers.Keywords: Labor Legislation; Occupational Health; Occupational Therapy; Precarious Employment; Work. ResumenEl arte dibujado en papel simboliza a los trabajadores masculinos y femeninos, y sus constantes luchas sociales para el mantenimiento de los derechos laborales en Brasil, logrados en la década de 1943, con la Consolidación de las Leyes Laborales (CLT). Este es un estatuto de Normas Reguladoras - NR de relaciones trabajo individual y colectivo para aquellos formalmente contratados. En 2017, el Gobierno aprobó la Ley 13.467, reconocida como Reforma Laboral, que excluye más de cien artículos del CLT, reduce los derechos y el papel del Estado en relación con la protección de la dignidad de los trabajadores. Posteriormente, la clase trabajadora sufrió un nuevo impacto en 2019, cuando el Gobierno Federal promovió la extinción del Ministerio de Trabajo y Empleo (MTE), el organismo responsable de la inspección y regulación de las relaciones laborales en el país. Esto condujo a la división de las atribuciones de las leyes laborales en tres carteras ministeriales, debilitando aún más las normas laborales, dificultando la comunicación entre trabajadores y empleadores y formalizando el trabajo precario. En este sentido, la imagen representa el desmantelamiento que el trabajador ha estado sufriendo, a lo largo de los años, en relación con la legislación y los derechos laborales, pero también con la salud y la seguridad social. La flexibilización de las relaciones en el entorno laboral revela una nueva configuración del mundo del trabajo, una realidad aún más perversa, basada en un discurso neoliberalista de "menos derechos y más libertad para el trabajador", pero con la consecuencia de reducir el empleo decente, salud y seguridad para los trabajadores brasileños.Palabras clave: Empleo Precario; Legislación Laboral; Salud Laboral; Terapia Ocupacional; Trabajo.      

scholarly journals Понятие, принципы, стороны, система (уровни) и организационные формы социального партнерства в сфере труда

2021 ◽  
Vol 70 (6) ◽  
pp. 48-51
Author(s):  
Е.М. Коничева
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Employment Contract ◽  
Social Partnership ◽  
Collective Agreements ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Collective Negotiations

The article is devoted to the analysis of the labor legislation of the Russian Federation in the context of the development of various forms of social partnership. The study concluded that social partnership is one of the forms of coordination of the interests of the parties to the employment contract between the employee and the employer. The development of labor relations in Russia is promoted by various commissions for the regulation of social and labor relations - social partnership bodies that have competence in the field of organizing collective negotiations and drafting collective agreements and contracts in accordance with the legislation

scholarly journals Features of Legal Regulation of Employment Contracts with Seasonal and Temporary Employees

2020 ◽  
Vol 89 (2) ◽  
pp. 69-76
Author(s):  
A. Ya. Radzividlo
Keyword(s):  
Working Conditions ◽  
Labor Relations ◽  
Legal Regulation ◽  
Climatic Conditions ◽  
Temporary Employees ◽  
Employment Contracts ◽  
Employment Contract

The article is focused on studying peculiarities of employment contracts with seasonal and temporary employees in Ukraine. The employment contract as the basis of the origin of labor relations with seasonal and temporary employees has been researched. The norms of the decrees of the Presidium of the Supreme Rada of the USSR “On working conditions of temporary employees and officials” dated from September 24, 1974 No. 311-09 and “On working conditions of employees and officials engaged in seasonal work” dated from September 24, 1974 No. 310-09 have been analyzed . It has been noted that peculiarities of legal regulation of employment contracts with temporary and seasonal employees relate primarily to their conclusion and termination, as well as content. It has been proved that some provisions of regulatory acts that regulate the employment of temporary and seasonal employees are outdated; others require some revision. It has been offered to develop modern regulatory acts on the application of temporary and seasonal work. These acts must first of all establish the concept: “seasonal employees – individuals hired under an employment contract for work that as a result of natural and climatic conditions performed not through a year, but during a certain period (season), not exceeding six months”; “temporary employees – individuals hired under an employment contract for a period up to two months, and for the replacement of temporarily absent employees, who retain their place of work (position) – up to four months”. It has been substantiated that the List of Seasonal Works and Seasonal Industries needs to be updated, based on the realities of the present day.

ADMINISTRATIVE RESPONSIBILITY FOR VIOLATIONS OF THE ELECTION LEGISLATION IN THE CONTEXT OF THE LEGAL STATUS OF ELECTORAL COMMISSIONS

2021 ◽  
pp. 16-28
Author(s):  
Sergey V. Vedyashkin ◽  
◽  
Daria V. Sennikova ◽  
Elman S. Yusubov ◽  
◽  
...  
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Practical Importance ◽  
Legal Responsibility ◽  
Legal Analysis ◽  
Electoral Process ◽  
Legal Provisions ◽  
The Right ◽  
Municipal Election ◽  
Administrative Responsibility

The article deals with the problems of administrative responsibility for violations of the election legislation; the issue is studied in the context of the legal status of electoral commis-sions. The authors assess the administrative-tort and constitutional-legal provisions, mediating issues and the implementation of administrative responsibility for violations of the election legislation. Attention is drawn to the peculiarities of the legal status of electoral commissions and the functions of their activities. The content of certain issues related to the jurisdiction of election commissions in terms of the implementation of their administrative and tort powers is studied in the article; the analysis of their content is carried out, the problems of practical importance, including an assessment of the legal status of election commissions, are pointed out. When writing the article, the authors used the following methods when writing: system analysis, dialectical, logical, comparative-legal, analysis and synthesis, induction and deduction. As a result of the study, the following results were obtained: – the inconsistency of election and administrative legislation and the practice of their enforcement are also expressed in bringing to justice by corpus delicti, which does neither involve the payment of a fairly significant fine, nor significantly affects the maintenance of law and order; – municipal election commissions as well as other election commissions that do not func-tion outside the election campaigns may additionally need material technical and methodological support in fixing administrative offenses; – legal responsibility in the electoral process needs to be transformed according to the principles of the work of election commissions, expressed in the capacious category of “effec-tive care” for the implementation of passive and active suffrage; – the measures of administrative responsibility, first of all, penalties addressed to candi-dates and electoral associations, cannot exceed the amount of funds spent on average for the election campaign at the lowest level, a spontaneous increase in the size of this sanction is not permissible and needs to be revised, taking into account the proposed indicators; – when updating the institution of responsibility in the electoral process, the principle of federalism should also be taken into account. In this regard, it seems possible to delegate to the legislative (representative) bodies of the subject the right to fix in the legislation on administrative offences the constituent elements of crimes used in the course of municipal elections.

Das Stimmverbot des GmbH-Gesellschafters in Deutschland und Europa

2021 ◽  
Author(s):  
Stephanie von Riegen
Keyword(s):  
Great Britain ◽  
Legal Analysis ◽  
Private Company ◽  
Employment Contract ◽  
Social Acts ◽  
Teleological Interpretation ◽  
European Private Company

The study examines the material scope of the shareholder´s voting prohibitions and compares sec 47 (4) GmbHG with the shareholder´s duty to abstain from voting in closed corporations in France, Great Britain, Austria and Spain. Following that, the author concentrates on the controversial prohibition of voting on resolutions concerning the performance of a legal transaction and opposes the prevailing doctrine of social acts (“Sozialaktslehre”) with her own concept for a legally certain demarcation of the legal transactions affected by a prohibition of voting on the basis of the comparative legal analysis and a systematic, historical and teleological interpretation of sec 47 (4) GmbHG. Also the practice-relevant questions of the prohibition of voting on resolutions concerning the employment contract of the managing director and shareholder as well as the dispensability of the statutory prohibition of voting are discussed. Finally, developments in Union law are considered and a proposal for a voting ban in a possible future European Private Company is made.

Domestic Service and Labor Laws in Chile and Argentina, 1931–1956

2017 ◽  
Author(s):  
Inés Pérez ◽  
Elizabeth Hutchison
Keyword(s):  
Family Life ◽  
Labor Relations ◽  
Labor Law ◽  
Domestic Service ◽  
Social Rights ◽  
Labor Laws ◽  
Geographic Proximity ◽  
Legislative Reform ◽  
Household Workers ◽  
Insight Into

The regulation of labor relations and social rights substantially changed workers’ lives over the course of the 20th century. Domestic service, however, was only poorly and belatedly protected under labor law, and its incorporation proceeded in a slow, ambiguous, and nonlinear manner. The specific ways in which domestic service regulation emerged in Chile and Argentina, respectively, offer insight into this process and also present some important contrasts, despite the nations’ geographic proximity. In Chile, although the rights recognized for household workers were limited, the Labor Code of 1931 included an article on domestic service. In Argentina, the first comprehensive regulation for this sector was a special statute sanctioned by decree in 1956. In both cases, the “special” nature of such regulation was attributed to the place of domestic service in family life. As domestic labor was reconceptualized through legislative reform in each country, household workers gradually came to enjoy some, but not all, of the rights guaranteed to other workers.

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