scholarly journals Over-time work of part-time health care professionals - case study of the General Hospital of Valjevo

2021 ◽  
pp. 5-5
Author(s):  
Velisav Markovic ◽  
Dragan Obradovic ◽  
Radoje Brkovic ◽  
Borislav Galic
Keyword(s):  
Health Care Professionals ◽  
Healthcare Workers ◽  
Comparative Method ◽  
Working Hours ◽  
Method Of Calculation ◽  
Overtime Work ◽  
Time Work ◽  
The Republic ◽  
The Right

Introduction/Objective. In practice, for more than 10 years there has been ongoing litigation between healthcare institutions and healthcare workers, who have found that reduced working hours may be compensation of payment for overtime work (on-call time, on-call duty, stand-by time). Objective of the paper is to analyze the problem and propose a solution in order to stop disputes and eliminate uncertainty. Methods. In this article case study method, comparative method and normative method were used. Court practice has been analyzed in relation to a number of civil proceedings, as well as the opinion of the State Audit Institution of the Republic of Serbia and the Ministry of State Administration and Local Self-Government on a specific case. Results. Healthcare workers and healthcare institutions have different legal views about the right to salary supplement based on overtime work of healthcare workers who work reduced working hours. Although the court has taken a stand on the side of healthcare workers, disputes do not stop because healthcare institutions do not change their method of calculation. Conclusion. Solution to the problem is to amend legal regulations that need to regulate in detail and unequivocally the manner of payment of salary supplements for healthcare workers in order to avoid any doubts and contentious situations.

TYPES OF OVERWORK AND JOBS THAT CANNOT BE OVERWORKED WITHIN THE FRAMEWORK OF THE LABOR LAW NO. 4857

2021 ◽  
Vol 6 (14) ◽  
pp. 67-81
Author(s):  
Altuğ YENGİNAR
Keyword(s):  
Labor Law ◽  
Working Hours ◽  
Human Right ◽  
International Human Rights ◽  
Right To Work ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Almost All ◽  
Republic Of Turkey

The right to work has been recognized as a fundamental human right in almost all international human rights documents and in the constitutions of many countries. This right has been recognized and guaranteed as a fundamental human right also in the Constitution of the Republic of Turkey. However, not only recognizing and guaranteeing "work" as a fundamental human right but also regulating its implementation and functioning within the framework of laws is of great importance. The concept of overwork is a concept that has been mentioned in the Labor Law regarding the implementation and functioning of the concept of work and it is regulated in our Labor Law No. 4857. In order to talk about overwork, a limited working time is required. In this context, upon determining the maximum number of hours a worker can work per week by drawing a limit on working hours in Labor Law No. 4857, overwork, which is the subject of work exceeding this period, is defined. Furthermore, the types of overwork that arise depending on the reasons for overworking, as well as the jobs that cannot be overworked, are regulated in the same Law.

scholarly journals The Victims of Road Traffic in the Territory of Kosovo and the Way of Their Compensation-Indemnity

2016 ◽  
Vol 4 (2) ◽  
pp. 163
Author(s):  
MSc. Halim Kuliqi
Keyword(s):  
Traffic Accident ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Comparative Method ◽  
Theory And Practice ◽  
Road Traffic Accidents ◽  
The Road ◽  
Large Numbers ◽  
The Right

Taking into account the fact that in the world the road traffic accidents happen very often and go up to very large numbers, which often are also very disturbing, then there is an indispensable need to study this problem, because without identifying the problem and its causes then it can neither be fought nor prevented.The significance of this paper lays on the presentation of some data regarding the number of accidents and their victims, the ways of compensation for the damage and the presentation of some measures in order to protect the victims of accidents from secondary victimization.This paper fills a scientific gap for victims of accidents and their way of compensation, which until now for the case of Kosovo has been not addressed significantly in terms of theory and practice also. For the presentation and the development of this issue have been used statistical method, comparative method and among others also the case study methods.In other words, the main purpose of this paper is to present data that expose the difficulties for the realization of the right of victims after suffering accidents and also to propose some norms that would protect the victims from secondary victimization, as victims after suffering a traffic accident may be hurt again until the realization of their demand for compensation according to the law.

scholarly journals Legal regulation of working hours and rest periods of seafarers in Ukraine and Finland

2021 ◽  
pp. 170-175
Author(s):  
D.O. Dmitrenko
Keyword(s):  
Trade Unions ◽  
Legal Aspect ◽  
Working Hours ◽  
Legal Regulation ◽  
Working Time ◽  
International Labour Organisation ◽  
Overtime Work ◽  
Rest Periods ◽  
Labor Legislation ◽  
The Right

The article considers the legal regulation of working hours and rest periods of seafarers under the legislation of Ukraine in the comparative legal aspect with the legislation of Finland. Much attention is given to an analysis of working hours of seafarers, compensation for the overtime work and securance of the right of annual leave and regular periods of rest under the legislation of Ukraine and Finland, as well as conformity of Ukrainian labour legislation and social rights of seafarers with the Maritime Labour Convention (MLC, 2006), and with the legislation of Finland. Ukraine hasn’t ratified any of the International Labour Organisation Conventions relating to working time and periods of rest of seafarers, and these issues are governed by the Regulation «On working hours and periods of rest of floating sea and river transport of Ukraine» (approved by Order of the Ministry of Infrastructure of Ukraine № 135 from 29.02.2012). Finland’s trade unions play an important role in working life of seafarers, by not only protecting their rights and providing decent working conditions, but also by deviations from certain provision of the Seamen’s Working Time Act (296/1976). Those deviations can concern reduction of duration of working hours, increase of payments for overtime work, providing additional rest time, etc. It is concluded that the labor legislation of Ukraine does not contain provisions on imposing sanctions on captain or shipowner in case of violation of seafarer’s right of normal working hours, annual leave and regular periods of rest, while in Finland, captain or shipowner can be prosecuted for improper or malicious violation of the procedure of the register of working hours, rest periods, compensation payments and annual leaves. Also Ukrainian legislation provide no legal mechanism for obtaining state and social guarantees by seafarers. The article suggests changes to national legislation by passing the law regarding seafarers labour rights and ratification of the Maritime Labour Convention (MLC, 2006).

scholarly journals Perlindungan Hukum bagi Pekerja Paruh Waktu dalam Keselamatan dan Kesehatan Melalui Program Jaminan Sosial Tenaga Kerja

2021 ◽  
Vol 2 (2) ◽  
pp. 406-411
Author(s):  
I Kadek Surya Juliarnawa ◽  
I Puru Gede Seputra ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Social Security ◽  
Health And Safety ◽  
Legal Protection ◽  
Operating Costs ◽  
Legal Basis ◽  
Time Work ◽  
Part Time ◽  
The Republic ◽  
Case Part ◽  
The Right

Nowadayas, the increasing of economic growth requires individuals to try to make ends meet. The employment relationship between the business owner and his workers is regulated in a work agreement. In the current covid-19 pandemic, many companies are implementing part-time work to reduce company operating costs. This research examines two main problems, namely the regulation of health and safety laws for certain time workers, and legal protection of social security for certain time workers. Normative legal research is used in this research by examining problems based on the applicable legal basis in the form of statutory regulations and supported by theories from experts. The results showed that the legal basis regarding health and safety for part-time workers is regulated in Article 99 paragraph (1) of Law no. 23 of 2003 concerning Employment which regulates that every worker and his family has the right to obtain employment social security. Then, employment social security is regulated in Law no. 40 of 2004 concerning the National Social Security System (SJSN) and Law no. 24 of 2011 concerning BPJS. The implementation of social security is based on simultaneous efforts that are family and mutual in nature according to the mandate of the Pancasila and the 1945 Constitution of the Republic of Indonesia. Based on the research results, it can be concluded that in this case part-time workers do not really understand the protection of their rights as workers within a certain period of time.  For this reason, this regulation on the protection of workers should be further disseminated to workers and business actors so that workers can obtain their rights in accordance with applicable regulations.  

scholarly journals Content and Implementation of the Right to Annual Leave: Analysis Based on the Case Study of Lithuania

2019 ◽  
Vol 12 (2) ◽  
pp. 78-96
Author(s):  
Ingrinda Mačernytė-Panomariovienė ◽  
Vilius Mačiulaitis
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Work Time ◽  
Charter Of Fundamental Rights ◽  
Constitutional Right ◽  
The Republic ◽  
The Right ◽  
Working Time Directive

Abstract Annual leave is granted to employees in order for them to rest and to regain efficiency at work. In accordance with Article 31 (2) of the Charter of Fundamental Rights of the European Union and Article 7 of the Directive 2003/88/EB of the European Parliament and of the Council regarding certain aspects of work time organization (Working Time Directive), employers must guarantee employees at least 4 [work] weeks of paid annual leave. Furthermore, Article 49 of the Constitution of the Republic of Lithuania maintains that every employed individual has the right to paid annual leave. The question arises whether this type of constitutional right can be absolute and if, as a result, employees are able to exercise their discretion to decide for themselves how to use this right. Can employers decide to grant or refuse to grant leave based on their own discretion? This article aims to address the content of the right to paid annual leave and its implementation details. In particular, it seeks to verify the extent to which an employee or an employer can affect the implementation of such a right.

scholarly journals Pemenuhan Hak-Hak Pekerja Migran asal Sulawesi Selatan di Malaysia dalam Perspektif Ekonomi Politik

2019 ◽  
Author(s):  
Achmad Zulfikar
Keyword(s):  
Migrant Workers ◽  
Study Approach ◽  
South Sulawesi ◽  
Library Research ◽  
The Republic ◽  
The Government ◽  
Using Data ◽  
The Right ◽  
Economic Improvement

Hak untuk bekerja harus dipenuhi oleh pemerintah sebagai tanggungjawab atas jaminan HAM warga negara sesuai UUD NRI 1945 pasal 27 ayat (2). Penelitian ini bertujuan menggambarkan pemenuhan hak-hak pekerja migran asal Sulawesi Selatan di Malaysia berdasarkan UU No. 39 Tahun 2004 pada masa pra-penempatan dam masa penempatan. Penelitian ini dilaksanakan di Provinsi Sulawesi Selatan, Indonesia dan Tawau, Sabah, Malaysia. Metode yang digunakan adalah kualitatif dengan pendekatan studi kasus. Data diperoleh melalui wawancara dan studi pustaka. Data dianalisis menggunakan teknik reduksi data, penyajian data dan penarikan kesimpulan. Hasil penelitian menunjukkan bahwa pemenuhan hak-hak pekerja migran asal Sulawesi Selatan di Malaysia pada masa pra-penempatan dan masa penempatan yang dilaksanakan dengan benar akan signifikan bagi peningkatan ekonomi tenaga kerja Indonesia/pekerja migran Indonesia (TKI/PMI), negara penempatan (Malaysia) dan negara asal (Indonesia). Semakin tinggi tingkat pemahaman seseorang terkait prosedur yang legal, semakin berkurang TKI/PMI yang menempuh jalur ilegal/non-proseduralThe right to work has to be fulfilled by the government as the responsibility for the human rights guarantees for citizens according The 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) article 27 section (2). The aims of this research were to describe and analyze rights fulfillment of migrant workers from South Sulawesi in Malaysia based on Regulations No. 39 Year 2004 on pre-placement phase and on placement phase. The research was carried out in South Sulawesi Province of Indonesia and Tawau, Sabah, Malaysia. The research employed a qualitative method and a case study approach. Data were gathered through interviews and library research. Data were analyzed using data reduction, data presentation, and conclusion drawing. The results showed that the right fulfillment of migrant workers from South Sulawesi in Malaysia both during pre-placement and after placement contributed significantly to economic improvement benefited both Indonesia as supplying country and Malaysia as placement country. The better the awareness regarding legal procedure the smaller chance for the migrants/workers to make use of illegal procedure.

scholarly journals Telecommuting, Off-Time Work, and Intrusive Leadership in Workers’ Well-Being

2021 ◽  
Vol 18 (7) ◽  
pp. 3330 ◽  
Author(s):  
Nicola Magnavita ◽  
Giovanni Tripepi ◽  
Carlo Chiorri
Keyword(s):  
Structural Equation ◽  
Well Being ◽  
Equation Modeling ◽  
Anxiety And Depression ◽  
Work Addiction ◽  
Overtime Work ◽  
Flexible Form ◽  
Time Work ◽  
Reward Imbalance ◽  
The Right

Telecommuting is a flexible form of work that has progressively spread over the last 40 years and which has been strongly encouraged by the measures to limit the COVID-19 pandemic. There is still limited evidence on the effects it has on workers’ health. In this survey we invited 905 workers of companies that made a limited use of telecommuting to fill out a questionnaire to evaluate intrusive leadership of managers (IL), the request for work outside traditional hours (OFF-TAJD), workaholism (Bergen Work Addiction Scale (BWAS)), effort/reward imbalance (ERI), happiness, and common mental issues (CMIs), anxiety and depression, assessed by the Goldberg scale (GADS). The interaction between these variables has been studied by structural equation modeling (SEM). Intrusive leadership and working after hours were significantly associated with occupational stress. Workaholism is a relevant moderator of this interaction: intrusive leadership significantly increased the stress of workaholic workers. Intrusive leadership and overtime work were associated with reduced happiness, anxiety, and depression. These results indicate the need to guarantee the right to disconnect to limit the effect of the OFF-TAJD. In addition to this, companies should implement policies to prevent intrusive leadership and workaholism.

scholarly journals To Study Acute Changes in Brain Oxygenation on MRI in Healthcare Workers Using N95 Mask and PPE Kits for Six Hours a Day

2022 ◽  
Author(s):  
Rahul Jitendra Vakharia ◽  
Ishaan Jani ◽  
Shashibala Yadav ◽  
Thomas Kurian
Keyword(s):  
Healthcare Workers ◽  
Working Hours ◽  
Control Group ◽  
Brain Oxygenation ◽  
Significant Drop ◽  
Bold Imaging ◽  
Paramedical Staff ◽  
Acute Changes ◽  
The Right ◽  
Post Shift

Abstract Background Due to long working hours wearing an N95 mask and PPE kit during the COVID-19 pandemic, the healthcare workers (HCWs) complained of headaches, confusion, and exhaustion. This study was therefore performed to study the changes in brain oxygenation. Aim To compare brain oxygenation in health care workers wearing an N95 mask with a PPE kit versus a three-ply mask during an intensive care setting for 6 hours. Materials and Methods Thirty clinicians and 30 paramedical staff participated in the study. The control (three-ply mask) and subject (N95 mask with PPE) groups included 15 clinicians and 15 paramedical staff. A comparative analysis of brain oxygenation using a 3T magnetic resonance imaging (MRI) machine was performed in these two groups at the beginning and the end of their work shift. Results The mean age of the individuals in the control and subject groups was 30.8 and 30.13 years, respectively. The median value of brain oxygenation in the control and subject groups in the pre-shift was between 33 and 31 and post-shift was 30 and 24. The drop in brain oxygenation in subjects was more than the controls (p = 0.004) in the post-shift assessments. The cerebral blood flow (CBF) in the bilateral middle cerebral artery (MCA) using arterial spin labeling (ASL) showed a rise in CBF in both groups post-shift as compared with the pre-shift values. The median values of the right and left MCA in the control and subject groups pre-shift were 82.75/83.45 and 89.75/106.65. The post-shift median values of both MCAs of the control and subject groups were 115.65/115.55 and 109.60/119.49. Conclusion MRI-BOLD imaging revealed a significant drop in brain oxygenation in the subject group as compared with the control group. Multiphasic-ASL showed a compensatory rise in CBF in both groups.

scholarly journals The Relationship Between the European Convention on Human Rights and Domestic Law: a Case Study

2020 ◽  
Vol 6 (2) ◽  
pp. 338
Author(s):  
Kamil A. Strzępek
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Cultural Rights ◽  
European Court ◽  
The Republic ◽  
Polish Government ◽  
The Right ◽  
Right Of Property ◽  
The Relationship

The article is pertaining to the relationship between the European Convention on Human Rights and the Polish national law. Upon the introduction of the system of economic, social and cultural rights contained in the Constitution of the Republic of Poland of 1997, the article considers what rules determine the relationship between the application of the law by Polish courts and the European Court of Human Rights in Strasbourg. The paper concludes by showing how Polish courts and the European Court of Human Rights in Strasbourg refer to the right of property. It’s one of the fundamental human rights, when they examine a case. It occurs that clauses, which limit this right, are sometimes understood in a different way by Polish courts and the European Court of Human Rights. Regarding the above, the case of Waldemar Nowakowski v. Poland of the European Court of Human Rights in Strasbourg is discussed. Furthermore, the article presents how the Polish Government executes the judgment of the European Court of Human Rights in Strasbourg delivered in the above-mentioned case.

scholarly journals RESIKO DAN PERLINDUNGAN HUKUM BAGI PEKERJA ANAK BERDASARKAN UNDANG-UNDANG NO. 13 TAHUN 2003 TENTANG KETENAGAKERJAAN JO. UNDANG-UNDANG NO. 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK

2018 ◽  
Vol 13 (1) ◽  
Author(s):  
Sherly Ayuna Putri ◽  
Holyness N Singadimedja
Keyword(s):  
Child Labor ◽  
Child Protection ◽  
Secondary Data ◽  
Social Institutions ◽  
Working Hours ◽  
Library Research ◽  
School Rules ◽  
The Republic ◽  
The Right ◽  
High Level

<p>Every child has the right to survival, growth and development and is entitled to protection from violence and discrimination as provided for in the 1945 Constitution of the State of the Republic of Indonesia. A child is a person who is not yet 18 years old, including a child who still in the womb. The legal issues raised in this study are: what is the risk for underage child labor according to positive laws in Indonesia?; and how children’s rights and legal protections for child labor are based on Law no. 13 of 2003 on Manpower and Law no. 35 Year 2014 on Child Protection? This research is normative juridical research with analytical descriptive and qualitative descriptive research specification. This is a Library Research by using secondary data. Some factors that can prevent children to work are: social institutions (custom rules in hereditary societies); weak business that is impossible to work in it or because of the high level of welfare; public view; Education related to the exam season, scholarships, school rules and working hours coinciding with school hours; and the attitude and prohibition of work from parents. Child labor reduction program and children’s opinion are crucial to local potential as a resource of action and community’s responsibility to participate. The program should involve all institutions related to the causal factors and carried out with good coordination because the problems of child labor and its emerging protection are interrelated and strengthen each other.</p>

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