scholarly journals Reception of Investigation Principles According to ILO’s International Labor Standards on Labor in Indonesia

2021 ◽  
Vol 8 (7) ◽  
pp. 230
Author(s):  
Fauzan Fauzan
Keyword(s):  
Qualitative Methods ◽  
Case Studies ◽  
Industrial Relations ◽  
Labor Law ◽  
Labor Standards ◽  
International Labor Organization ◽  
Freedom Of Association ◽  
International Labor Standards ◽  
International Labor ◽  
Descriptive Approach

The position between workers and workers in labor law always places an unbalanced position, where the position of workers will always be in a weak position. In the dispute over industrial relations disputes regulated in Law Number 2 of 2004 the basis for evidence is based on Article 163 HIR (Herzien Indonesis Reglement)/ 283 RBg (Rechtsreglement Buitengewesten) / 1865 BW (burgerlijk wetboek voor Indonesie). The provisions of this Article give rise to injustice about the reverse evidence that has been established by the International Labor Organization (ILO) through international labor standards and other ILO legal instruments regarding reverse proof in cases of dismissal, Freedom of Association, and Equality in Employment and Occupation. This research utilizes a juridical normative, descriptive approach and is supported by case studies as data support, and an analysis is carried out based on qualitative methods and legal comparisons.

Introduction

2019 ◽  
pp. 1-30
Author(s):  
Gamonal C. Sergio ◽  
César F. Rosado Marzán
Keyword(s):  
United States ◽  
Latin American ◽  
Labor Law ◽  
The United States ◽  
Labor Standards ◽  
Labor Protection ◽  
Freedom Of Association ◽  
International Labor Standards ◽  
International Labor ◽  
American Method

This chapter introduces the book’s main goal: to provide a “principled labor law” method to decide hard cases. It describes principled labor law as a Latin American method embedded in the principles of protection, primacy of reality, nonwaiver, and continuity. It argues that principled labor law can be useful even in the least likely case of labor protection, the United States, and explains how, if useful for the United States, it is likely helpful for other jurisdictions. It describes how principled labor law complements perspectives favoring freedom of association—the so-called labor constitution—but opposes views attempting to eviscerate the idea of protecting weaker parties from contemporary law, or those that envision labor law as merely a regulatory endeavor. It also describes how principled labor law shares similarities with the purposive perspective of Guy Davidov, but also contrasts with that perspective, to the extent principled labor law is mostly concerned, and is, in fact, “rulified” in favor of labor protection. It explains that principled labor law seems particularly needed to evade problems of legal endogeneity. The chapter concludes by arguing that the book provides a countercultural narrative for labor law in the United States that is also consonant with international labor standards and, as such, better brings U.S. labor law into the mainstream. Principled labor law may be less countercultural in other countries, but may also help there to renew jurisdictional commitments in favor of labor protection.

Employment Protection Legislation in Haiti

2018 ◽  
pp. 209-221
Author(s):  
Samir Amine ◽  
Wilner Predelus
Keyword(s):  
Industrial Relations ◽  
Job Creation ◽  
Labor Law ◽  
Employment Protection ◽  
Employment Protection Legislation ◽  
International Labor Organization ◽  
Decent Work ◽  
International Labor ◽  
Protection Legislation ◽  
Employment Legislation

The merit of employment regulations in a market economy is often measured by their effectiveness in facilitating job creation without jeopardizing the notion of “decent work,” as defined by the International Labor Organization (ILO). Consequently, the recent literature on employment legislation has extensively focused on the flexibility of the labor market, as a fair middle ground is always necessary to avoid undue distortions that can negatively impact the economy and worker's wellbeing. This chapter analyzes the provisions of the labor law in Haiti and how it affects job security and flexibility to observe a flexible structure that rather benefits employers. Notably, labor law in Haiti may have in fact rendered workers more vulnerable because these labor legislations were enacted on the assumption that employers and workers are on the same footing when it comes to industrial relations, while historic facts do not support such an assumption.

scholarly journals Social Guarantees in the Case of Employees’ Dismissal in Russia Comparative Legal Aspects of Russian and Foreign Labor Law

2017 ◽  
Vol 7 ◽  
pp. 159-173
Author(s):  
Alexander Zavgorodniy
Keyword(s):  
Labor Law ◽  
Legal Aspects ◽  
Employment Relationship ◽  
Labor Standards ◽  
Employment Relations ◽  
International Labor Standards ◽  
International Labor ◽  
Foreign Labor ◽  
Legal Perspective ◽  
First Time

The main purpose of the article is to identify the contradictions and problems arising when both international labor standards and Russian labor law are applied and separate guarantees to workers are provided in the case of their dismissal. The object of the research is the employment relationship which arises between the employer and the employee when social guarantees are given to the workers when the employment relations are terminated. This article considers the regulations of Russian and foreign labor law which provide workers with certain guarantees if the employment contract is terminated at the initiative of the employer. For the first time, these guarantees are considered from a comparative legal perspective. Specific recommendations about improvement of the Russian labor law and its enforcement.

Edward C. Lorenz, Defining Global Justice: The History of U.S. International Labor Standards Policy. Notre Dame: University of Notre Dame Press, 2001. x + 318 pp. $54.95 cloth; $27.95 paper

2004 ◽  
Vol 65 ◽  
pp. 224-226
Author(s):  
Dana Frank
Keyword(s):  
Global Justice ◽  
Labor Standards ◽  
International Labor Organization ◽  
International Labor Standards ◽  
Comprehensive Overview ◽  
National Interests ◽  
International Labor ◽  
Working Class History ◽  
Downward Spiral ◽  
History Of

Whether in 1870 or in 2003, reformers concerned with the global logic of capitalism have dreamed of effective international labor standards, imposed through a world body that would stop the downward spiral of wages and working conditions. Here Edward Lorenz offers us a history of US political debates over the International Labor Organization (ILO), founded precisely to stop that spiral. His study provides a comprehensive overview of the different big-level national interests who sought, alternately, to support, contain, or repress the ILO. It's full of enticing research leads and fascinating tidbits about US debates over the ILO. International Labor and Working-Class History (ILWCH) readers, though, will still be left frustrated in their efforts to understand US involvement in the ILO and, especially, organized labor's relationship to it.

Labor law: national and international dimension

2021 ◽  
Author(s):  
Nikita Lyutov ◽  
Vyacheslav Bobkov ◽  
Elena Volk ◽  
Ilona Voytkovskaya ◽  
Svetlana Golovina ◽  
...  
Keyword(s):  
International Law ◽  
Labor Law ◽  
Labor Standards ◽  
Legal Research ◽  
International Labor Standards ◽  
International Dimension ◽  
The Third ◽  
Legal Method ◽  
International Labor ◽  
Theoretical Issues

The first volume of the collective monograph "Labor Law: National and International Dimension", prepared by leading experts in Russian and international labor law, labor economics, philosophy of law, is devoted to the general problems of modern labor law. The first section of the volume deals with general theoretical issues of modern labor law, the second rethinks the principles of labor law in modern conditions, and the third analyzes modern employment problems. Most of the issues are investigated from the standpoint of the national labor law of Russia, international labor standards using the comparative legal method, as well as an intersectoral approach to legal research. For practitioners and researchers in the field of labor, international law, economics and sociology of labor, as well as students, postgraduates and anyone interested in this issue.

scholarly journals The Problem of Freedom of Association: A Comparative Legal Study of Provisions of Laws on Trade Unions of the States of the Eurasian Economic Union, Taking into Account International Labor Standards

2021 ◽  
Vol 16 (2) ◽  
pp. 165-174
Author(s):  
К. S. Ramankulov
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Aspect ◽  
Labor Standards ◽  
Kyrgyz Republic ◽  
Freedom Of Association ◽  
International Labor Standards ◽  
Eurasian Economic Union ◽  
International Labor ◽  
Economic Union

The paper investigates the norms of laws on trade unions of the states of the Eurasian Economic Union, with respect to international labor standards, in the context of the problems of freedom of association in a comparative legal aspect. In this regard, trade union monopolies (Belarus, Kazakhstan, Kyrgyzstan) are challenging the provision of the independence of trade unions in a number of countries of the Eurasian Economic Union. The paper concludes that there is a significant inconsistency, in particular, Art. 11-15 of the Law of the Republic of Kazakhstan No. 211-V "On Trade Unions" and Art. 7-12 of a new Law (draft) of the Kyrgyz Republic "On Trade Unions" to the principles of Art. 2 and 11 of the ILO Convention No. 87. The paper examines the trends associated with the expansion of some trade union rights in terms of their relationship with civil rights and freedoms and international labor standards. On this basis, it is concluded that in international legal acts, trade union rights are considered as a complex legal institution containing norms related to civil and political rights, to economic, social and cultural rights.

Sign in / Sign up

Export Citation Format

Share Document