scholarly journals Terceirização do trabalho no Brasil: a regulamentação em disputa

2019 ◽  
Vol 4 (2) ◽  
pp. 10-39
Author(s):  
Isabela Fadul de Oliveira
Keyword(s):  
Working Class ◽  
Legal System ◽  
Social Protection ◽  
Labor Law ◽  
Work Relationships ◽  
Employment Contract ◽  
The Individual ◽  
Normative Content

RESUMO:Este texto tem como objetivo refletir sobre o processo recente de regulamentação das relações de trabalho terceirizado no Brasil. Para tanto, partimos de uma breve apresentação sobre a forma como foi organizado o sistema de regulamentação e proteção social do trabalho no país, identificando o contrato individual de emprego como um dos seus eixos estruturantes. Em seguida, localizamos o início do debate jurídico sobre a terceirização nos anos 1990 e destacamos os aspectos principais da disputa em torno da sua regulamentação. Ao final, examinamos as mudanças introduzidas pelas Leis 13.429/2017 e 13.467/2017 no ordenamento jurídico trabalhista, procurando demonstrar como seu conteúdo normativo põe em xeque a estrutura do Direito do Trabalho no país e promove as condições para a livre exploração do trabalho terceirizado, respondendo aos anseios da classe patronal e resultando em perda de direitos para a classe trabalhadora. ABSTRACT:This text aims to reflect about the recent process of regulation of outsourced work relationships in Brazil. Therefore, we start with a brief presentation about how the system of regulation and social protection of work in the country was organized, identifying the individual employment contract as one of its structuring axes. Next, we locate the beginning of the legal debate about the outsourcing in the 1990s and highlight the main aspects of the dispute over its regulation. In the end, we examine the changes introduced by Laws 13,429 / 2017 and 13,467 / 2017 in the labor legal system, trying to demonstrate how its normative content puts the structure of Labor Law in the country in check and promotes the conditions for the free exploitation of outsourced work, responding to the wishes of the employers’ class and resulting in loss of rights for the working class. 

scholarly journals Open Coalition Law, Necessity or Threat?

2021 ◽  
Vol 95 ◽  
pp. 29-38
Author(s):  
Błażej Mądrzycki
Keyword(s):  
International Law ◽  
Legal System ◽  
Trade Unions ◽  
Civil Law ◽  
Labor Law ◽  
Freedom Of Association ◽  
Employment Contract ◽  
Expected Effect ◽  
Provision Of Services ◽  
Constitutional Tribunal

From January 1, 2019. Amendments to the Act of July 5, 2018 amending the provisions on trade unions and some other acts apply (almost in full). Amendments to the Polish act are a consequence of the Committee for the Freedom of Association, Labor Law Organizations and the judgment of the Polish Constitutional Tribunal. The main and expected effect of the amendment is the extension of coalition freedom in trade unions. This issue is important not only for the consistency of the legal system with international law, but also for social reasons. Concluding civil law contracts in the place of employee forms of employment is a common practice in Polish conditions. The main problem is that the civil law contract has a purpose other than the employment contract. Contracts of mandate and provision of services are the basis for the implementation of actual and legal activities. Besides, the legislator does not have any real actions aimed at eliminating the defective practice. The text is an attempt to synthetically summarize the motives of the amendment, as well as its effects and tests.

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.

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.

Working-Class Fictions

2018 ◽  
Author(s):  
Nicola Wilson
Keyword(s):  
Working Class ◽  
Social Realism ◽  
Cultural Significance ◽  
Reading Public ◽  
Industrial Community ◽  
Working People ◽  
History Of ◽  
Post War ◽  
The Individual ◽  
Exciting Wave

This chapter explores why working-class fictions flourished in the period from the late 1950s through to the early 1970s and the distinctive contributions that they made to the post-war British and Irish novel. These writers of working-class fiction were celebrated for their bold, socially realistic, and often candid depictions of the lives and desires of ordinary working people. Their works were seen to herald a new and exciting wave of gritty social realism. The narrative focus on the individual signalled a shift in the history of working-class writing away from the plot staples of strikes and the industrial community, striking a chord with a post-war reading public keen to see ordinary lives represented in books in a complex and realistic manner. The cultural significance of such novels was enhanced as they were adapted in quick succession for a mass cinema audience by a group of radical film-makers.

scholarly journals Between Pleasure and Resistance: The Role of Substance Consumption in an Italian Working-Class Subculture

Societies ◽  
2019 ◽  
Vol 9 (3) ◽  
pp. 58
Author(s):  
Placido
Keyword(s):  
Working Class ◽  
Cultural Practices ◽  
Critical Criminology ◽  
Ethnographic Case Study ◽  
Youth Cultures ◽  
The Individual ◽  
Substance Consumption ◽  
North Western

In this article I discuss how illegal substance consumption can act as a tool of resistance and as an identity signifier for young people through a covert ethnographic case study of a working-class subculture in Genoa, North-Western Italy. I develop my argument through a coupled reading of the work of the Centre for Contemporary Cultural Studies (CCCS) and more recent post-structural developments in the fields of youth studies and cultural critical criminology. I discuss how these apparently contrasting lines of inquiry, when jointly used, shed light on different aspects of the cultural practices of specific subcultures contributing to reflect on the study of youth cultures and subcultures in today’s society and overcoming some of the ‘dead ends’ of the opposition between the scholarly categories of subculture and post-subculture. In fact, through an analysis of the sites, socialization processes, and hedonistic ethos of the subculture, I show how within a single subculture there could be a coexistence of: resistance practices and subversive styles of expression as the CCCS research program posits; and signs of fragmentary and partial aesthetic engagements devoid of political contents and instead primarily oriented towards the affirmation of the individual, as argued by the adherents of the post-subcultural position.

Romantic (In)Justice: Criminal-Legal System-Impacted Black Women’s Romantic Relationship Status and Quality

2021 ◽  
pp. 155708512110194
Author(s):  
Allison E. Monterrosa
Keyword(s):  
Black Women ◽  
Working Class ◽  
Legal System ◽  
Romantic Relationship ◽  
Qualitative Interviews ◽  
Relationship Status ◽  
Black Feminist ◽  
Psychological Strain ◽  
System Data ◽  
Criminal Legal System

This study of working class, heterosexual, criminal-legal system-impacted Black women described the women’s romantic histories and current romantic relationship statuses in terms of commitment, exclusivity, and perceived quality. Using intersectional research methods, qualitative interviews were conducted with 31 Black women between the ages of 18 and 65 years who were working class, resided in Southern California, and were impacted by the criminal-legal system. Data were analyzed using an intersectional Black feminist criminological framework and findings revealed six types of relationship statuses. These relationship statuses did not live up to the women’s aspirations and yielded disparate levels of emotional and psychological strain across relationship statuses.

scholarly journals HESR innovation in analysis that supports decision making and action

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
B Barr
Keyword(s):  
Decision Making ◽  
Health Equity ◽  
Social Protection ◽  
Well Being ◽  
Status Report ◽  
Policy Performance ◽  
European Health ◽  
The Individual ◽  
Health And Well Being ◽  
Inform Decision Making

Abstract The European Health Equity Status Report makes innovative use of microdata, at the level of the individual, to decompose the relative contributions of five essential underlying conditions to inequities in health and well-being. These essential conditions comprise: (1) Health services (2) Income security and social protection (3) Living conditions (4) Social and human capital (5) Employment and working conditions. Combining microdata across over twenty sources, the work of HESRi has also produced disaggregated indicators in health, well-being, and each of the five essential conditions. In conjunction with indicators of policy performance and investment, the HESRi Health Equity Dataset of over 100 indicators is the first of its kind, as a resource for monitoring and analysing inequities across the essential conditions and policies to inform decision making and action to reduce gaps in health and well-being.

HESRi country impact and uptake in Slovenia

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
M Gabrijelčič Blenkus
Keyword(s):  
Development Strategy ◽  
Health Equity ◽  
Social Protection ◽  
Economic Status ◽  
National Development ◽  
Economic Research ◽  
Inequalities In Health ◽  
The Third ◽  
Health Report ◽  
The Individual

Abstract Equity and solidarity are strongly embedded in Slovene society from the second half of the 20th century on. Questions, exploring equity issues date in 1964, as a part of the Slovene Public Opinion (SPO) Survey. Slovenia is reporting on health equity and wellbeing in three strands. The first one is regular Human Development Report, based on Slovene Development Strategy since 2007, delegated partially to Institute of Economic Research (IER). Second one is regular Inequalities in Health Report, led by National Institute of Public Health (NIPH), and based on the National Health Strategy, since 2011. The third one is regular Poverty Report, led by Institute of Social Protection (ISP), based on the decision of the Parliamentarian Commission for Health and Social Affairs in 2013. NIPH comprehensively reported on Inequalities in Health in 2011, at that time based on direct measures of socio-economic status (SES) like education, or indirect measures or indexes (as development index or deprivation index of the municipality). In the second, 2018 report, several developments enabled for reporting health equity gap based on the individual SES status and first few cases of policy influences on equity status were described. In line with the WHO Rio SDH declaration 2011, in the third Health Equity Report, planned for 2021, further shift is foreseen and focus will be given to the policies influencing the equity gaps. For the 2021 Health Equity Report for Slovenia, three national key institutions (NIJZ, IER and ISP) decided to work together, based on the established multisectoral competences. WHO HESRi was developed and launched in best possible timing for the Slovene national initiative, to provide the international support, insights and facilitate further national development. Slovene priorities will be defined according to the national interests, Slovene presidency to EU in 2021 and Country Specific Recommendations in the frame of the European Semester.

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