scholarly journals Work and parenting vs. work or parenting

2018 ◽  
pp. 467-477
Author(s):  
Petar Vasic ◽  
Vera Gligorijevic

One of the two key measures to encourage birth within the Law on Financial Support to the Family with Children is salary compensation during parental leave. The very nature of maternity leave as a financial measure (based on the previous version of the Law) additionally contributed to the birth postponement in the period of stable employment. Under the conditions of high unemployment of young women, this measure seems to have deepened the problem because women were waiting for permanent employment on the basis of which they could obtain the right to maternity leave, young women often postponed birth for many years, objectively reducing the chances of conception. The new version of the Law formulates the specific conditions for gaining the right to salary compensation in a different way, which will almost certainly result in a much greater coverage by this measure. On the other hand, the method of calculating the compensation base is such that the average amount of compensation in relation to the previous version of the Law could be lower, so it can be concluded that the legislator wanted to achieve as much coverage as possible with a relatively similar amount of budgetary allocations. These amendments to the Law could have a positive effect through increased coverage and greater impact through creating a pro-family climate in a country that supports the family. Secondly, population groups that work on temporary and occasional jobs, and especially young people engaged in short-term contracts (under six months), whose work arrangements are often interrupted, will now be covered. Thirdly, the formulated conditions in this manner will potentially allow faster acquisition of the right to compensation at a lower age. Fourth, gaining rights at a lower age will potentially influence the pace of fertility and indirectly to the birth quantum. Regardless of the fact that by adopting the latest version the Law is undoubtedly improved, there is still a huge space for its significant improvement. As it was pointed out that the parental leave can have more dimensions, and that the importance of its flexibility and use by both parents is equally important for the decision to give birth, and in particular for the decision on the number and time of higher order births, it would be of great demographic significance for the system of work-parenting convergement to harmonize with the postulates of modern population policy and take into account positive experience of countries with confirmed effect on fertility as soon as possible.

Author(s):  
Michael Jefferson

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on parental rights. Topics covered include maternity leave, parental leave, time off for dependants, and right to request flexible working. The right to shared parental leave (SPL) is singled out for detailed treatment, partly because it is fairly new, and partly because, some would say, it exemplifies an old-fashioned approach to sex equality when caring for newborns. The option as to whether her partner can share in SPL is for the mother to decide; the mother may receive (by contract) enhanced maternity pay, but there is no enhanced SPL. The effect is to reinforce the mother’s staying at home because if she goes back to work, the family will lose most of the partner’s income because the rate of pay for SPL is low, around £145 a week. The latter point is arguably sex discrimination, and during the currency of this book the Employment Appeal Tribunal will decide this issue (at the time of writing employment tribunals are split).


2021 ◽  
pp. 89-106
Author(s):  
Michael Jefferson

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on parental rights. Topics covered include maternity leave, parental leave, time off for dependants, the right to request flexible working, and the new right of parents to bereavement leave. The right to shared parental leave (SPL) is singled out for detailed treatment, partly because it is fairly new, and partly because, some would say, it exemplifies an old-fashioned approach to sex equality when caring for newborns. The option as to whether her partner can share in SPL is for the mother to decide; the mother may receive (by contract) enhanced maternity pay, but there is no enhanced SPL. The effect is to reinforce the mother’s staying at home because if she goes back to work, the family will lose most of the partner’s income because the rate of pay for SPL is low, around £151 a week. The latter point is arguably sex discrimination, and, during the currency of this book, the Employment Appeal Tribunal will decide this issue (at the time of writing employment tribunals are split).


2020 ◽  
Vol 20 (2) ◽  
pp. 138
Author(s):  
Fakhrurrazi M.Yunus ◽  
Zahratul Aini

Abstrak: Dalam Undang-Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan adanya Pasal yang mengatur tentang perkawinan beda agama, dalam Pasal 35 huruf (a) yang menyatakan bahwa perkawinan yang ditetapkan oleh pengadilan. Namun dalam Undang-Undang tersebut tidak diatur secara jelas, sehingga memberi peluang timbulnya dampak negatif. Namun yang diakui di Indonesia jika pasangan suami istri yang berbeda agama harus memeluk agama yang sama di salah satu pasangan dengan maksud mereka harus pindah agama baik memeluk agama istri maupun suami. Dengan adanya berbagai kemudharatan yang timbul, maka hal itu tidak sesuai dengan hukum Islam. Oleh karena itu, penulis ingin mengetahui dampak perkawinan beda agama yang diatur dalam Undang-Undang Nomor 23 Tahun 2006 tentang administrasi  kependudukan dan tinjuan hukum Islam terhadap perkawinan beda agama dalam Undang-Undang Nomor 23 tahun 2006. Dalam penelitian ini, metode penelitian yang digunakan adalah Kualitatif. Berdasarkan dari hasil penelitian, dampak dari perkawinan beda agama yaitu dampak terhadap rumah tangga yang tidak harmonis menimbulkan kegelisahan, dan sulitnya berkomunikasi. Dampak terhadap anak yang membuat hubungan antara keluarga yaitu anak dan orang tua menjadi kacau dan tidak utuh karena mengetahui kedua orang tuanya berbeda keyakinan. Dampak terhadap harta warisan yang mengakibatkan anak yang lahir dari perkawinan beda agama tidak mempunyai hak untuk mendapatkan harta warisan apabila tidak seagama dengan pewaris yang dalam hal ini pewaris beragama Islam. Adapun tinjauan hukum Islam menyatakan bahwa perkawinan beda agama itu tidak sah, karena menurut fatwa MUI Nomor:4/MUNASVII/MUI/8/2005 menetapkan bahwa nikah beda agama hukumnya haram yang diperkuat dengan firmannya dalam surat al-mumtahanah ayat 10 dan al-baqarah ayat 221.Abstract: in Law No. 23 of 2006 on the administration of the population of the article governing the marriage of different religions, in article 35 letter (a) stating that the marriage is established by the court. But the law is not regulated, so it allows causing negative impacts. But it is recognized in Indonesia if different couples of religion must embrace the same religion in one partner with the intention they have to move religion both embrace the religion of the wife and husband. With the various blessings that arise, it is not under Islamic law. Therefore, the author wants to know the impact of the marriage of different religions organized in law Number 23 the year 2006 about the administration of population and the Islamic law to the marriage of different religions in the law Number 23 the year 2006. In this study, the research method used was qualitative. Based on the results of the study, the impact of the marriage of different religions is the impact on the unharmonious households raises anxiety, and difficulty communicating. The impact on the child who makes the relationship between the family is the child and the parent becomes chaotic and not intact because knowing both parents are different beliefs. The impact on the inheritance that resulted in children born from the marriage of different religions does not have the right to obtain inheritance if not as religious as the heir, in this case, Muslim heirs. The review of Islamic law states that the marriage of different religions is not valid, because according to fatwa MUI number: 4/MUNASVII/MUI/8/2005 stipulates that the marriage of different religious religion is haram strengthened by his word in Sura al-Mumtahanah verse 10 and al-Baqarah verses 221.


Author(s):  
Kostiantyn Bezverkhyi ◽  
◽  
Oleksandr Yurchenko ◽  

Introduction. Modern Ukrainian legislation regulates the provision of various types of leave, which are not only a time of rest, but may have a special purpose for the employee. The Law of Ukraine «On Holidays» of 15.11.1996 № 504-96 (hereinafter - the Law № 504) indicates the annual basic paid leave, unpaid leave, social, educational and creative leave. At present, considerable attention is not paid to accounting for accrual, taxation and payment of social leave, in particular: maternity leave, childcare leave for children under 3 years of age, as well as social leave for employees with children under 15 years of age. One of the main tasks set before the accountant for payroll calculations - timely and accurate calculation of vacation pay, and the need - to make their recalculation in a timely manner, because it is the accountant's responsibility for the correctness of the calculations. Given this fact, the employer will not have to pay compensation to employees for incorrectly accrued and paid vacation pay. Instead, the employee has the right to know from which indicators he was calculated and paid leave, and in case of disagreement will be able to appeal their amount. The accountant is required to pay special attention when calculating social and other types of leave, because these payments, in addition to the employees of the enterprise, are interested in regulatory bodies for compliance with labor legislation (including the State Labor Service of Ukraine), tax authorities (in terms of income tax perosnals (hereinafter - PIT), military duty (hereinafter - MD) and a single contribution and compulsory state social insurance (hereinafter - CCS); recognition of vacation pay as part of income taxpayer expenses). Therefore, the issues of accounting for accrual, taxation and payment of social leave and related accruals are extremely relevant today. Purpose. The purpose of the study is to consider the accounting and reporting of social leave at the enterprise. Methods. The following methods were used during the study: theoretical generalization and grouping (to classify the types of social leave and set deadlines for their provision); formalization, analysis and synthesis (to substantiate the areas of disclosure of information on social leave in the accounts and in the reporting of enterprises); logical generalization of results (formulation of conclusions). Results. In the course of the research the author's approach to the reflection in the accounting and reporting of social leave to which employees of the enterprise are entitled was formed. Discussion. In further research, it is proposed to focus on the order of documentation and reflection in the accounts and in the reporting of such types of social leave as leave in connection with pregnancy and childbirth; childcare leave; additional social leave for children, etc. This will improve the methodology and organization of accounting for other payments at the enterprise.


2020 ◽  
pp. 88-124
Author(s):  
Arzoo Osanloo

This chapter studies the operations of the Iranian criminal law and analyzes how the procedural administration of the law animates the shariʻa. Iranian criminal laws provide many avenues for victims to forgo retributive sanctioning. But preserving the right of retribution serves several purposes: maintaining the sovereign's monopoly on legitimate violence, giving victims a sense of power, and halting the cycle of violence. The way Iran achieves this comprises an interesting balancing act between maintaining the monopoly over legitimate violence and granting individual victims the right of retribution, which its leaders believe, through their interpretation of the shariʻa, cannot be appropriated by the sovereign. Since the law categorizes intentional murder as qisas and leaves judges with no discretion in sentencing, the judges may use their considerable influence to pressure the family to forgo retribution. The chapter then considers the role of judges and examines how the laws (substantive and procedural) shape their reasoning and discretion in both sentencing and encouraging forbearance.


Obiter ◽  
2021 ◽  
Vol 41 (4) ◽  
pp. 787-805
Author(s):  
Asheelia Behari

Recent amendments to the Basic Conditions of Employment Act 75 of 1997 have resulted in the introduction of parental leave. This provides employees with 10 consecutive days of time off from work to care for their newborn babies and may commence from the day of the birth. The right to parental leave has the additional benefit of impacting gendered social assumptions that place women in the primary role of caregiver and a secondary role as worker. With the rise in the labour participation of women, there has been an increase in the need for the involvement of men in the caregiving and upbringing of children in the home. Although parental leave applies to men and women, it has been enacted with the objective of encouraging working fathers to participate as caregivers and to share in the burden of care placed on new mothers to care for themselves and their newborn babies during maternity leave. This article considers the effects of parental leave as a recent addition to South African law by conducting a comparative analysis with the long-established parental leave models of the United Kingdom. These include the right to parental leave that is applicable to a parent who has parental responsibility for a child, and a right to shared parental leave, which allows the mother of the child to share her maternity leave with the other parent of the child. The parental leave rights of the United Kingdom have been developed to provide employees with choice and flexibility to accommodate their caregiving responsibilities, and may indicate a trajectory for the progression of the newly enacted right to parental leave in South Africa.


Author(s):  
Lidija Rozentale

There is a continuous debate in the public space on the need for a legal framework for the partnership institute to ensure equal legal security for the family, regardless of the existence or non-existence of the legal fact of its foundation. The fundamental aspects of the debate include the insufficient regulatory framework and vulnerability of partners before the law, divergent national views on partnerships as a union between opposite-sex partners, religious beliefs condemning non-marital relationships, including the existing property issues in the context of partnerships. According to the Author of the Paper, the existing partnerships in Latvia are discriminated in favour for the marriage due to the moral views and legal aspects, as the individual living in the partnership is restricted in terms of access to information and is vulnerable in terms of property rights. For example, when an individual lives in the partnership, he or she is denied the right to be informed about the health status of the other partner and the existing liabilities in credit institutions. In cohabitation, the individual is not recognised as a member of the family of the tenant for the purpose of the Law on Residential Tenancy and the potential consequences of the partnership may be the denied right to inheritance or tenancy.Main methods used: sociological method for analysing the compliance of laws and regulations with public interests and aims. 


PEDIATRICS ◽  
1995 ◽  
Vol 96 (5) ◽  
pp. 972-973
Author(s):  

The Family and Medical Leave Act of 19931 and a growing number of state laws will have an impact on training programs and their policies regarding parental leave for pediatric residents. As an advocate for children and their families, the American Academy of Pediatrics (AAP) supported the Family and Medical Leave Act and is concerned with the need to ensure healthy outcomes for pediatricians and their families. In accord with its expertise in the areas of child development and family dynamics, the Academy is committed to the development of rational, equitable, and effective parental leave policies that enable parents to spend adequate and good quality time with their new children. At least half of all female physicians are having their first children during their residency or fellowship training years.2,3 Furthermore, an increasing number of male residents are requesting parental leave to spend more time with their newborns. In 1989, a position statement on parental leave for residents by the American College of Physicians noted the increasing number of residents having children and raised concerns about both the health outcomes of the children and the emotional outcomes of their parents.4 The AAP believes that each residency training program should establish specific written guidelines on parental leave to address these concerns. Most program directors, however, have preferred to deal with the circumstances of each pregnancy leave on an individual basis. In 1990, the American Medical Association adopted a policy on maternity leave for residents.5


Author(s):  
Tobias Lock

To reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child.


Stanovnistvo ◽  
2000 ◽  
Vol 38 (1-4) ◽  
pp. 79-92
Author(s):  
Ana Gavrilovic

Local self-management, in its contemporary meaning, arose in the time modern state was created, at the transition from feudalism into capitalism. In the nineteenth and twentieth century, local self-management, in Europe above all, became a part of the uniform system of state government which had the following characteristics: the existence of proper territories, organizational independence of local institutions, the existence of certain financial and normative independence and the rights of citizens to freely choose in it a representative body or to directly decide on important matters of interest for the local community. The development of local self-management in our country has its roots as early as the Turkish rule, in the existence of principalities, at the end of the eighteenth century. In modern times, by the Constitution of the Republic of Serbia from 1990, a single-level local self-management was established and within it special decisions for cities. The district is the basic unit of local self-management in Serbia which has two kinds of jurisdiction: self-management or authentic and transferred or decentralized. The system of social care of children, by which certain goals of social and population policy of the state are achieved, recognizes two kinds of affairs which local self-management can carry out: authentic and entrusted. Authentic affairs refer to the institutions for children - preschool institutions and children?s recreation centers over which local self-management has all foundation rights. Entrusted affairs of local self-management are making decisions, in the first degree, on the rights of citizens which has the characteristic of rights of general interest. In the carrying out of its authentic and entrusted affairs and authorities, local self-management takes into consideration, through the Law on social care of children and sublaw acts, the regulated norms and standards for carrying out the activities of children?s institutions and realizing the rights of citizens. Apart from authentic and entrusted affairs, local self-management has the right, according to the Law on social care of children, to determine other rights as well in the system of social care of children, a greater scope of rights and more favorable terms for realization of rights, as well as other forms of social care of children, if it provides the funds. However, this supposition can hardly be realized, due to insufficiency of funds as well as adequate organization and competent expert work.


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