The Questions of Realizing the Right to Work within the Original Legal Framework (Outside the Labor Relations)

2017 ◽  
Vol 3 (1) ◽  
pp. 123-132
Author(s):  
Kubanychbek S. Ramankulov
Keyword(s):  
Labor Relations ◽  
Legal Framework ◽  
Right To Work ◽  
The Right

PECULIAR DETAILS OF FOREIGN CITIZENS STAYING ON THE TERRITORY OF THE RUSSIAN FEDERATION

2019 ◽  
pp. 121
Author(s):  
Alexandra Borimecicova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Migration Policy ◽  
Legal Analysis ◽  
Distinctive Features ◽  
Work Permit ◽  
Right To Work ◽  
The Status ◽  
The Russian Federation ◽  
The Right

The article considers the peculiarities of foreign citizens stay on the Russian Federation territory. The rights and freedoms of foreigners guaranteed by the Constitution of the Russian Federation and other laws are reviewed and examined. The article provides a comparative legal analysis of the status and rights of both the Russian Federation citizen and a foreign citizen residing in the territory of this state. Common and distinctive features of these two categories are specified. The matters of employment of foreign citizens and restrictions on the rights to participate in labor relations, which is due to the fact that non-citizens have the right to work only if they have a work permit, are also considered. In its turn, the component of migration policy is revealed, that is, the problem of expulsion and deportation of a foreign citizen from the Russian Federation is touched upon. Administrative expulsion and deportation of foreign citizens from the Russian Federation is a form of state activity that regulates relations with foreign citizens and is aimed to protect the State border.

CERTAIN ISSUES OF LEGAL REGULATION OF LABOR IN QUARANTINE

2018 ◽  
Author(s):  
Leonid Ostapenko ◽  
Keyword(s):  
Comparative Analysis ◽  
Working Conditions ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Remote Work ◽  
School Work ◽  
Right To Work ◽  
The World ◽  
The Right

The article is devoted to the issues of special regulation of labor relations under quarantine. Such a basic concept of labor law as remote and at-school work is considered. Comparative analysis of legislation of the countries of the world on homebased work and peculiarities of its use in modern market conditions is carried out. The example of tv workers describes the working conditions of their work both outside the permanent workplace and in the time of performance of the labor functions defined for them. Attention is paid to the need to take into account the peculiarities of remote work not only with the help of television technologies, but also in other media. Taking into account the current national legislation, new well-founded approaches in terms of the legal and organizational basis for the functioning of the labor regime during the quarantine restrictions are proposed, which to some extent will contribute to the implementation of the right to work for the population of Ukraine.

Historical Traditions of the Control of Labour Legislation Compliance

De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Darina Dimitrova ◽  
Keyword(s):  
Legal System ◽  
Historical Perspective ◽  
Legal Framework ◽  
Compliance Control ◽  
Legal Norms ◽  
Labour Rights ◽  
Right To Work ◽  
Labour Legislation ◽  
The Right ◽  
Historical Periods

The paper examines the legal framework of labour legislation compliance control from a historical perspective. It traces the stages of development regarding the control of the observance of employee labour rights in the following periods: 1) from the 1878 Liberation of Bulgaria to 1944; 2) from 1944 to the democratic changes of 1989. The importance of the right to work as a basic constitutional social right and the ways to protect it have been relevant in all historical periods of the development of the Bulgarian legal system. The socio-historical conditionality of the legal norms, protecting the labour rights of hired workers, is clarified through retrospective analysis of the normative regulation concerning the control of the compliance with labour legislation.

scholarly journals Some Some issues on the employee’s right to unilaterally terminate the employment contract under the 2019 Labor Code

2021 ◽  
Vol 5 (3) ◽  
pp. first
Author(s):  
Hang Thi Trinh
Keyword(s):  
Sustainable Development ◽  
Labor Relations ◽  
Comparison Method ◽  
Employee Rights ◽  
Legal Regulations ◽  
Unemployment Benefits ◽  
Employment Contract ◽  
Right To Work ◽  
Unilateral Termination ◽  
The Right

Article 35 of the Vietnamese Constitution 2013 stipulates that "Citizens have the right to work, choose a career and workplace." This is one of the basic rights of citizens and is concretized by an array of different regulations to regulate the labor relations between employees and employers. Of the regulations, provisions on the employee's right to unilaterally terminate the employment contract are emphasized. Within the scope of this article, the author points out a number of issues which are associated with the employee's rights to unilaterally terminate the employment contract stipulated in the Labor Code 2019, specifically the provisions in Section 3, Chapter III. In order to clarify and deepen the issues, the author uses the comparison method between the provisions of the Labor Code 2019 and the provision of the Labor Code 2012, reviewing and analyzing the issues of grounds and procedures for exercising the right to unilaterally terminate the employment contract of the employee; rights and obligations of employees when unilaterally terminating the employment contract legally; rights and obligations of employees when unilaterally terminating the employment contract illegally. In particular, the issues of grounds for the termination of the employment contract, a notice period before the unilateral termination of the employment contract, severance allowances and unemployment benefits are analyzed thoroughly to highlight the positive points as well as the gaps that currently exist and affect employees and employers. Finally, the author gives a number of recommendations to improve the legal regulations, creating balance and stability in labor relations as well as sustainable development for the economy and society.

scholarly journals ТРУДОВИЙ ДОГОВІР ЯК СУЧАСНА ФОРМА РЕАЛІЗАЦІЇ ПРАВА НА ПРАЦЮ: ПЕРСПЕКТИВИ ПРАВОВОГО ВРЕГУЛЮВАННЯ

2019 ◽  
pp. 35-39
Author(s):  
Г. О. Вайленко
Keyword(s):  
Labor Relations ◽  
Professional Activity ◽  
Direct Link ◽  
Employment Contract ◽  
Right To Work ◽  
Labor Legislation ◽  
The Future ◽  
Legal Fact ◽  
The Right ◽  
Dynamic Context

The purpose of the paper is to characterize the employment contract as a form of realization of the right to work and outline the prospects for resolving it as a legal fact of the emergence of labor relations in the form of proposals in the future Labor Code of Ukraine. The author analyzes contemporary scientific thoughts on understanding the right to work, an employment contract as a form of realization of the right to work, which become the basis for their own conclusions. The author substantiates the scientific position on the dynamic context of understanding the right to work, which simultaneously takes into account a very powerful sphere of existence and the development of the right to work in realization: to choose the sphere of the future and activities and to specify the right to work through this choice. There is a direct link between the chosen activity and the content of the right to work. it is concluded that the Constitution of Ukraine, based on international normative legal acts, establishes a formula for the right to work with certain unknowns, and the type of professional activity determines these unknowns. Proposals on improvement of labor legislation are given.

scholarly journals On the issue of the scope of application of labor legislation in the Republic of Kazakhstan

2021 ◽  
Vol 81 (1) ◽  
pp. 57-64
Author(s):  
A. Kasymova ◽  
◽  
M. Zhandeldinova ◽  
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Joint Stock Company ◽  
Employment Contract ◽  
Legal Method ◽  
Right To Work ◽  
Labor Legislation ◽  
Scope Of Application ◽  
The Republic ◽  
The Right

In this article, the authors consider the features of the scope of application of labor legislation. The authors note that the extent to which the norms of labor legislation apply to different types of labor relations varies. In this connection, the question of the scope of labor legislation, as well as the limits of its use in the settlement of labor relations of various categories of citizens, becomes relevant. The purpose of this article is to address issues related to the scope of application of labor legislation. In this study, the methods generally accepted in the legal science and the science of labor law is used. Thus, such general scientific methods as dialectical, system-structural, historical methods, as well as the method of comparative analysis were used. Among the special legal methods used, it is necessary to distinguish the formal legal method of scientific knowledge. The scope of the labor legislation is, first of all, the circle of public relations, a certain territory, as well as the circle of subjects to which its norms apply. The Labor Code cannot regulate all relations concerning the exercise of the right to work. This is the sphere of regulation of the Constitution of the Republic of Kazakhstan. Labor legislation can regulate only those relations concerning the exercise of the right to work that arise on the basis of an employment contract. The authors come to the conclusion that labor legislation regulates not only labor relations, which are the subject of labor law. It also regulates certain other types of employment relations in cases where this is expressly provided for by law. At the same time, it should be noted that the labor legislation applies to other types of labor relations only within the limits defined by a special law. Labor legislation does not apply in cases where the work is performed by an individual – a business entity independently or the work is performed by members of a personal peasant farm in this farm, as well as in cases where an individual performs the duties of a member of the supervisory board of a joint-stock company, the executive body of a business company, or other relevant management bodies of legal entities; if these duties are performed on other grounds than an employment contract, and if an individual performs the duties under a civil contract providing for the performance of certain work in favor of the other party to the contract.

Addressing the “Union Problem” during the Great Recession: State Approaches to Reforming Collective Bargaining

2018 ◽  
Vol 44 (3) ◽  
pp. 236-261
Author(s):  
Magic M. Wade
Keyword(s):  
Collective Bargaining ◽  
Great Recession ◽  
Labor Relations ◽  
Organized Labor ◽  
Partisan Politics ◽  
State Governments ◽  
Political Opportunity ◽  
The Great Recession ◽  
Right To Work ◽  
The Right

Conventional narratives suggest that during the Great Recession, Republican-controlled state governments seized a political opportunity to de-unionize labor strongholds by enacting sweeping right-to-work laws. However, I contend that two distinct reform approaches were pursued during the recession. One type aimed to restrict the ability of unions to organize and maintain membership (the “right-to-work” approach), while the other sought to constrain collective bargaining without hampering union organizing. My analysis of 2,545 labor relations bills introduced across the U.S. States from 2007 to 2014 confirms the existence of two broad models of reform, each with differing implications for organized labor and partisan politics.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

Der Spielraum bei der Vermarktung von Waldleistungen ist eingeschränkt (Essay) | The scope for the commercialization of forest services is limited (essay)

2009 ◽  
Vol 160 (8) ◽  
pp. 228-231
Author(s):  
Hansruedi Walther
Keyword(s):  
Private Property ◽  
Legal Framework ◽  
Third Parties ◽  
Wood Products ◽  
Forest Owner ◽  
Free Access ◽  
School Class ◽  
Market Niche ◽  
The Right ◽  
Exclusive Right

A forest owner can only commercialize non-wood products and services within a tightly restricted market niche. On account of free access being permitted to the forest it is impossible to deny to third parties the consumption of many non-wood products and services: everybody has the right to be in the forest for recreation. As a result many non-wood services cannot be commercialized by the forest owner, or not exclusively. What would seem unthinkable elsewhere on private property seems to be taken for granted in the forest: third parties may take products from the forest and even sell them without being the forest owners. For certain nonwood services or products, such as the installation of rope parks or for burial in the forest, the organizer must conclude an agreement with the forest owner or draw up a contract for servitude or benefit. In addition, for these activities a permit from the Forestry Department is necessary. On the other hand, for an itinerant school class or for the production of forest honey neither a binding regulation with the forest owner nor a permit from the Forestry service is necessary, provided that no constructions are erected in the forest. The only exclusive right which remains to the forest owner, besides the sale of his property, is the exploitation of his trees within the legal framework.

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