scholarly journals The Kokovtsov Commission: An Abortive Attempt at Labor Reform in Russia in 1905

Slavic Review ◽  
1972 ◽  
Vol 31 (4) ◽  
pp. 780-796 ◽  
Author(s):  
George Edward Snow
Keyword(s):  
Labor Law ◽  
Living Conditions ◽  
Labor Laws ◽  
Labor Reform ◽  
Reform Legislation ◽  
Strict Control ◽  
Working And Living Conditions

The labor unrest that spilled out onto the streets of St. Petersburg in January 1905 and shook the autocracy was hardly a new phenomenon in Russia. Historiography— both Western and Soviet—has shown persuasively that labor discontent was widespread in Russia’s industrial centers for at least the preceding two decades. An explosive combination of miserable working and living conditions and repressive regimentation was further aggravated by only partially redeemed hopes of government-sponsored reforms in the 1880s and 1890s. Moreover, reform legislation was vitiated from the start by the government’s desire to keep the workers under strict control. This aim not only took precedence over the wish to see their grievances redressed, but amounted to a philosophy running through the whole corpus of Russian labor law and virtually institutionalized in the Department of Factory Inspection, created by a decree of July 1, 1882. Designed originally to seek out infractions of the labor laws, it soon became a policing agency for the factory owners.

scholarly journals LABOR LAW, CLT AND THE 2017 BRAZILIAN LABOR REFORM

2018 ◽  
Vol 5 (7-8) ◽  
pp. 210-242
Author(s):  
João Renda Leal Fernandes
Keyword(s):  
Labor Relations ◽  
Labor Union ◽  
Historical Context ◽  
Labor Law ◽  
Labor Laws ◽  
Labor Reform

This study seeks to present to a foreign audience a brief description of the development of the Brazilian Labor Law, up to the Labor Reform approved by Law No. 13,467/2017, which significantly altered the nature of labor relations through amendments made to the texts of the “Consolidação das Leis do Trabalho - CLT” (Consolidation of Labor Laws - CLT), of Law No. 6,019/1974 and of other labor laws. The aim of this study is to analyze the Labor Reform within the historical context, with emphasis on its material aspects especially regarding the Collective Labor Law and Labor Union Law.

Coercion Constrained: The Wartime Labor Laws

2021 ◽  
pp. 231-262
Author(s):  
Wendy Z. Goldman ◽  
Donald Filtzer
Keyword(s):  
Legal Status ◽  
Living Conditions ◽  
Labor Laws ◽  
Criminal Offenses ◽  
The Law ◽  
Working And Living Conditions ◽  
Collective Farms

In June 1940 the legal status of Soviet workers changed dramatically. Absenteeism and unauthorized job-changing became criminal offenses. Six months after the German invasion, the severity of the penalties escalated: workers in defense sectors who left their jobs were branded “labor deserters” and subject to long prison terms. More than seven million workers were convicted for absenteeism or illegal quitting. Yet coercion had its limits. Despite the draconian penalties, millions of vocational trainees and workers defied the law and fled, prompted by painful working and living conditions. Authorities showed themselves either unable or unwilling to enforce the law, thus weakening the threat of punishment. Barely half of those who fled were convicted, and of these only 40 percent were ever found and made to serve a sentence. Collective farms welcomed the return of mobilized workers. Coercion proved ineffective in practice.

scholarly journals LABOR LAW, CLT AND THE 2017 BRAZILIAN LABOR REFORM

2018 ◽  
Vol 5 (7-8) ◽  
pp. 210-242
Author(s):  
João Renda Leal Fernandes
Keyword(s):  
Labor Relations ◽  
Labor Union ◽  
Historical Context ◽  
Labor Law ◽  
Labor Laws ◽  
Labor Reform

This study seeks to present to a foreign audience a brief description of the development of the Brazilian Labor Law, up to the Labor Reform approved by Law No. 13,467/2017, which significantly altered the nature of labor relations through amendments made to the texts of the “Consolidação das Leis do Trabalho - CLT” (Consolidation of Labor Laws - CLT), of Law No. 6,019/1974 and of other labor laws. The aim of this study is to analyze the Labor Reform within the historical context, with emphasis on its material aspects especially regarding the Collective Labor Law and Labor Union Law.

scholarly journals OS SINDICATOS PODEM NEGOCIAR DIREITOS TRADICIONALMENTE INDISPONÍVEIS DOS SEUS REPRESENTADOS?

2019 ◽  
Vol 4 (57) ◽  
pp. 520
Author(s):  
Fábio Túlio BARROSO
Keyword(s):  
Literature Review ◽  
Collective Bargaining ◽  
Trade Union ◽  
Labor Law ◽  
The Other ◽  
Labor Laws ◽  
Labor Reform ◽  
Other Hand ◽  
Before And After

RESUMOObjetivo: O objetivo da pesquisa e  analisar os limites da ampliação da negociação coletiva no âmbito do Direito do Trabalho brasileiro em decorrência da edição dos arts. 611-A e 611-B da Consolidação das Leis do Trabalho, advindas da Lei nº. 13.467/2017, em especial sobre quais seriam os limites da autonomia negocial coletiva, sem olvidar-se da análise do papel do sindicato em face desse alargamento na negociação de direitos indisponíveis.Metodologia: Utilizou-se os métodos lógico e dedutivo, por meio de legislação trabalhista e constituional, além da revisão de literatura sobre a matéria.Resultados: Os resultados demonstram que houve uma ampliação da autonomia negocial atribuída aos sindicatos, na medida em que conferem prevalência do negociado sobre o legislado e um alargamento da negociação coletiva entre as empresas e os empregados. Por outro acepção, conclui-se que a reforma trabalhista no aspecto negocial proporcionou risco de possíveis reduções de direitos e garantias fundamentais.Contribuições:  A contribuição deste estudo refere-se à discussão de que os  sindicatos não podem negociar direitos tradicionalmente indisponíveis.Traçou-se um paralelo a respeito de como se desenvolvia a negociação sindical antes e após a edição dos arts. 611-A e 611-B da Consolidação das Leis do Trabalho, introduzidos pela Lei nº. 13.467/2017, para, ao fim, após a análise de todo o complexo de normas, a principiologia do Direito do Trabalho e a doutrina especializada.PALAVRAS-CHAVE: Reforma trabalhista; direitos indisponíveis, flexibilização.  ABSTRACTObjective: To analyze the limits of the expansion of collective bargaining in the scope of Brazilian Labor Law due to the edition of arts. 611-A and 611-B of the Consolidation of Labor Laws, arising from Law no. 13,467/2017, in particular about what would be the limits of collective bargaining autonomy, without forgetting the analysis of the union's role in view of this enlargememt in the negotiation of unavailable rights.Methodology: The logical and deductive methods were used through labor and constitutional legislation, as well as a literature review on the subject.Results: The results show that there was an increase in the negotiating autonomy attributed to the unions, as they confer prevalence of the “negotiated over the legislated” and an expansion of collective bargaining between companies and employees. On the other hand, it can be concluded that the labor reform in the negotiation aspect posed the risk of possible reductions in rights and fundamental guarantees.Contributions: The contribution of this study refers to the discussion that unions cannot negotiate traditionally unavailable rights. A parallel was drawn about how trade union negotiations developed before and after the publication of arts. 611-A and 611-B of the Consolidation of Labor Laws introduced by Law no. 13,467/2017  after the analysis of the whole complex of norms, the principles of Labor Law and the specialized doctrine.KEYWORDS: Labor reform; unavailable rights, relaxation.

scholarly journals LABOR LAW, CLT AND THE 2017 BRAZILIAN LABOR REFORM

2018 ◽  
Vol 5 (7-8) ◽  
pp. 210-242
Author(s):  
João Renda Leal Fernandes
Keyword(s):  
Labor Relations ◽  
Labor Union ◽  
Historical Context ◽  
Labor Law ◽  
Labor Laws ◽  
Labor Reform

This study seeks to present to a foreign audience a brief description of the development of the Brazilian Labor Law, up to the Labor Reform approved by Law No. 13,467/2017, which significantly altered the nature of labor relations through amendments made to the texts of the “Consolidação das Leis do Trabalho - CLT” (Consolidation of Labor Laws - CLT), of Law No. 6,019/1974 and of other labor laws. The aim of this study is to analyze the Labor Reform within the historical context, with emphasis on its material aspects especially regarding the Collective Labor Law and Labor Union Law.

scholarly journals LABOR LAW, CLT AND THE 2017 BRAZILIAN LABOR REFORM

2018 ◽  
Vol 5 (7-8) ◽  
pp. 210-242
Author(s):  
João Renda Leal Fernandes
Keyword(s):  
Labor Relations ◽  
Labor Union ◽  
Historical Context ◽  
Labor Law ◽  
Labor Laws ◽  
Labor Reform

This study seeks to present to a foreign audience a brief description of the development of the Brazilian Labor Law, up to the Labor Reform approved by Law No. 13,467/2017, which significantly altered the nature of labor relations through amendments made to the texts of the “Consolidação das Leis do Trabalho - CLT” (Consolidation of Labor Laws - CLT), of Law No. 6,019/1974 and of other labor laws. The aim of this study is to analyze the Labor Reform within the historical context, with emphasis on its material aspects especially regarding the Collective Labor Law and Labor Union Law.

scholarly journals A Call out of Seir: The Meaning and Future of US Labor Law

2021 ◽  
pp. 1-21
Author(s):  
Christopher Tomlins
Keyword(s):  
Labor Movement ◽  
Labor Law ◽  
First Century ◽  
Divide And Conquer ◽  
Law Reform ◽  
Labor Laws ◽  
Critical Research ◽  
American Capitalism ◽  
Current Century ◽  
American Labor

The Cambridge Handbook of US Labor Law for the Twenty-First Century decries federal labor law for forsaking American workers and undermining American unions. Its contributors seek a reformed labor law for the current century. In this review essay, I examine the handbook’s contention that federal labor law has failed. To assess the merits of the claim, we must test the foundations of its contributors’ assumptions—about the labor movement, about the place of the labor movement in the political economy of American capitalism envisaged by labor law, and, indeed, about law itself. To do so, I turn to earlier, critical research on the character of American labor laws, notably Joel Rogers’s seminal 1990 essay “Divide and Conquer,” and also to work of my own. To put it crudely, I ask how much labor law reform actually matters.

Everyday Life in Wartime Europe

2016 ◽  
Author(s):  
Christoph Mick
Keyword(s):  
Soviet Union ◽  
Everyday Life ◽  
Western Europe ◽  
Living Conditions ◽  
The Soviet Union ◽  
Standards Of Living ◽  
Foreign Occupation ◽  
Occupied Territories ◽  
Working And Living Conditions ◽  
The Impact

This chapter discusses everyday life under foreign occupation during the Second World War. Living conditions were very different depending on class, race, location, and time. People living in Poland, Greece, Yugoslavia, and the occupied territories of the Soviet Union were not only much more exposed to terror and mass crimes; their standards of living were also much lower than in western Europe. Some experiences, however, were shared. The chapter focuses on certain common daily experiences: procuring food and other daily necessities; the relationship between peasants and urban populations; the working and living conditions in cities and towns; the role of families and the importance of networks; and the impact of terror, destruction, and insecurity on society and individuals. Living under foreign occupation partly corrupted the moral standards governing human relations, but there was also solidarity which focused on a core group of people consisting of family and close friends.

scholarly journals Policy Entrepreneurs and the Origins of the Regulatory Welfare State: Child Labor Reform in Nineteenth-Century Europe

2018 ◽  
Vol 83 (1) ◽  
pp. 173-211 ◽  
Author(s):  
Elisabeth Anderson
Keyword(s):  
Nineteenth Century ◽  
Welfare State ◽  
Child Labor ◽  
Working Hours ◽  
Policy Entrepreneurs ◽  
Labor Laws ◽  
Labor Reform ◽  
Structural Class ◽  
Working Children ◽  
Child Labor Laws

Industrial child labor laws were the earliest manifestation of the modern regulatory welfare state. Why, despite the absence of political pressure from below, did some states (but not others) succeed in legislating working hours, minimum ages, and schooling requirements for working children in the first half of the nineteenth century? I use case studies of the politics behind the first child labor laws in Germany and France, alongside a case study of a failed child labor reform effort in Belgium, to answer this question. I show that existing structural, class-based, and institutional theories of the welfare state are insufficient to explain why child labor laws came about. Highlighting instead the previously neglected role of elite policy entrepreneurs, I argue that the success or failure of early nineteenth-century child labor laws depended on these actors’ social skill, pragmatic creativity, and goal-directedness. At the same time, their actions and influence were conditioned by their field position and the architecture of the policy field. By specifying the qualities and conditions that enable policy entrepreneurs to build the alliances needed to effect policy change, this analysis lends precision to the general claim that their agency matters.

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