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 Types of Rest According to the Labor Legislation Applied by the Employees of the National Police of Ukraine

2019 ◽  
Vol 87 (4) ◽  
pp. 42-53
Author(s):  
O. V. Veklіyk
Keyword(s):  
Police Officers ◽  
Labor Law ◽  
Working Hours ◽  
Legal Regulation ◽  
Correct Definition ◽  
Labor Legislation ◽  
State And Society ◽  
Rest Time ◽  
The Right ◽  
National Police

The author has researched one of the directions of the modern formation and development of the rule of law state related to the improvement of various branches of law and the relevant legislation in the field of labor law. Among the most important features of applying the rest time is the correct definition and use of its legal regulation in respect to the employees of the National Police of Ukraine, which will allow the police officers to fully fulfill the tasks assigned to them by the state and society. The subject of the right to rest is everyone who works, and therefore everyone who has the right to work. The labor legislation of Ukraine does not define the concept of the rest time. It is opposed to the concept of “working time”. All the time beyond of working hours is considered to be the rest time. Having analyzed the current labor legislation of Ukraine, we state that labor law norms in regard to the types of rest are also applied to the police officers, taking into account the specificity of their activity, which is regulated by a special law. While analyzing scientific literature, regulatory base and international legal acts the author has established and revealed the types of rest time of the employees of the National Police of Ukraine. Based on the views of certain authors, the nature and content of the types of rest time of the employees of the National Police of Ukraine have been revealed. The author has determined the use of the types of rest time and its legal regulation concerning the employees of the National Police of Ukraine.

scholarly journals Working hour’s standards: the Eurasian economic union states legislation review

2019 ◽  
Vol 31 (1) ◽  
pp. 254-259
Author(s):  
Ye. Yerbolatov
Keyword(s):  
Global Financial Crisis ◽  
Legal Aspect ◽  
Working Hours ◽  
Legal Regulation ◽  
Working Time ◽  
Time Work ◽  
Part Time ◽  
Time Part ◽  
The Global Financial Crisis ◽  
Effective Use

The study of working hours standards and its description in a comparative legal aspect have not been carried out in modern conditions by experts in the field of labor law although many researchers paid attention to the problem of legal regulation for working time. Working time is a multi-rated category. Currently, the issue to control working time legally is acquiring a new aspect. In terms of the global financial crisis, employers increasingly resort to use various types of working hours. Effective use of working time, introduction rational work and rest, special working hours (total control of working time, part-time work, subdivided working time and etc.) contributes to the improvement of social and labor relations, and thus achieving positive economic and social effect. This article expresses the author’s vision of many problems arising in particular when using unregulated working hours, rotational method and etc. Besides that based on a comparative study of the national resources a theoretical and practical conclusion is defined that it is more preferable to use softer forms of legal integration like harmonization at the stage of the Eurasian economic integration which involves labor market arrangement.

scholarly journals International legal regulation of healthcare development in the OECD

2021 ◽  
Vol 136 (3) ◽  
pp. 35-51
Author(s):  
Sh.V. Tlepina
Keyword(s):  
Migrant Workers ◽  
Trade Unions ◽  
Maternity Leave ◽  
Working Hours ◽  
Legal Regulation ◽  
International Labor Organization ◽  
International Labor ◽  
Important Means ◽  
And Shifts ◽  
The Right

The article examines the issue of international legal regulation of matters of strategic development of healthcare using the example of the OECD member states. The issues of the activities of the International Labor Organization through the implementation of conventions and recommendations are considered. ILO Conventions and Recommendations play an important role in the development of health care in the context of the pandemic. The outbreak of the coronavirus disease (COVID-19) is testing the national health systems, their resilience, preparedness, and speed of response to emergencies. The rapid spread of COVID-19 emphasizes the urgent need to strengthen the health system. Conditions particularly relevant during the pandemic include working hours, including the regulation and compensation of overtime, inconvenient working hours, and shifts; weekly rest; maternity leave; sick leave; social security. The right of workers (including migrant workers) to form trade unions is of great significance. The right to association is also one of the important means of labor regulation, as well as for medical workers. To ensure the efficiency of measures taken in response to the COVID-19 outbreak and its aftermath, there is needed an environment of trust through social dialogue and tripartism.

scholarly journals Features of legal regulation of labor in the member states of the Eurasian Economic Union

2021 ◽  
Vol 128 ◽  
pp. 06010
Author(s):  
T.A. Izbienova ◽  
A.B. Vaiman ◽  
S.M. Sagitov
Keyword(s):  
Trade Unions ◽  
Legal Regulation ◽  
Public Authorities ◽  
Social Partnership ◽  
Eurasian Economic Union ◽  
Labor Legislation ◽  
Economic Association ◽  
Legislative Framework ◽  
Economic Union ◽  
The Right

In 2015, a new international integration economic association, the Eurasian Economic Union (hereinafter referred to as the EAEU), appeared on the economic and legal map of the world. Each member state of the EAEU, after gaining independence, as a result of the collapse of the USSR, independently formed a legislative framework in the field of labor, developed regulatory legal acts. Differences in the regulatory framework of the EAEU states, in particular, in the field of labor law, and their mutual economic integration, need to be compared in order to develop common principles, unification and harmonization of national legislation. In this regard, the article, based on the analysis of national labor legislation, assessed the prospects for regulating individual and collective labor relations and formulated conclusions on legal approaches to regulating social partnership relations, on the principles of the creation and functioning of trade unions and employers’ associations in the EAEU countries. In particular, the trade unions of the post-Soviet republics that are part of the EAEU have completely lost the right of legislative initiative, which corresponds to global practice. Currently, they can only make proposals for the adoption, amendment of regulations related to their area of competence. The position of trade unions as social partners on the adoption and amendment of labor legislation has ceased to be mandatory, and is often not taken into account by employers and public authorities.

scholarly journals Advantages and Disadvantages of the New Edition of Chapter 49.1 of the Labor Code of the Russian Federation

Lex Russica ◽  
2021 ◽  
pp. 32-43
Author(s):  
N. V. Chernykh
Keyword(s):  
Russian Federation ◽  
Trade Unions ◽  
Working Hours ◽  
Wage Structure ◽  
Legal Regulation ◽  
Remote Work ◽  
Employment Contract ◽  
Advantages And Disadvantages ◽  
The Russian Federation ◽  
The Right

The paper analyzes the novels of Ch. 49.1 of the Labor Code of the Russian Federation introduced on January 1, 2021. It highlights advantages and disadvantages of new approaches of the legislator to the regulation of remote work, describes preliminary results regarding the application of new rules. The merits of the new edition of Ch. 49.1 of the Labor Code of the Russian Federation include the emergence of the opportunity to combine work “in the office” with a remote work in accordance with the employment contract, the cancellation of Article 312.5 of the Labor Code of the Russian Federation that contains the right to establish additional grounds for terminating an employment contract with a remote worker, and the simplification of the procedure for signing an employment contract and other documents required for registration of employment of a remote worker. As shortcomings, the author enumerates the absence in the new edition of Ch. 49.1 of the Labor Code of the Russian Federation of norms concerning the peculiarities of implementation by teleworkers of the right to join trade unions to protect their rights, the peculiarities of investigating an industrial accident or occupational disease of a teleworker, the absence of norms on the “right to be offline” beyond working hours for a teleworker, imperfection of the legal technique associated with the introduction into the legal field of two new grounds for terminating an employment contract with a remote worker. The author predicts possible violations of the newly introduced provision on the wages preservation in full when the employee performs his labor function remotely, which is linked to the incentive payments in the wage structure, awarding which is considered as a right, rather than an obligation of the employer. Among the disadvantages the paper names the lack of conflict-of-laws rules in the case of remote work carried out by both foreign workers and citizens of the Russian Federation outside its borders. In general, the author gives positive assessment of amendments introduced in Ch. 49.1 of the Labor Code of the Russian Federation, as expanding the possibilities of the parties to the employment contract for a more active application of the rules on distance work. The shortcomings noted in the paper should be regarded as material for theoretical comprehension and discussion with the aim of further improvement of the legal regulation of remote workers’ labor.

scholarly journals CONCEPT AND SPECIFICS OF REST TIME OF THE NATIONAL POLICE OF UKRAINE

2019 ◽  
pp. 66-73
Author(s):  
O.V. Veklyuk
Keyword(s):  
Rest Period ◽  
Working Hours ◽  
Legal Framework ◽  
Legal Regulation ◽  
Scientific Article ◽  
Correct Definition ◽  
Labor Legislation ◽  
Rest Time ◽  
The Right ◽  
National Police

A scientific article devoted to one of the directions of the modern formation and development of the rule of law is related to the improvement of various branches of law and the relevant legislation in the fields of labor law. One of the most important features in the use of rest time is the correct definition and use of its legal regulation in relation to the National Police of Ukraine. This will allow the National Police to fully fulfill the tasks set by society. The subject of the right to rest is everyone who works, and therefore everyone who has the right to work. The concept of rest time is not defined by the labor legislation of Ukraine. It is opposed to the concept of “working time”. All-time outside working hours is considered to be rest time. Having studied the scientist’s thoughts, we can point out that during the rest period one must understand the statutory, collective, and employment contract the period of time during which the employee is released from the performance of his / her job function and which he/she can use at his / her discretion for the purpose of restoration of working capacity, health promotion, birth and the upbringing of children, the satisfaction of their own needs and interests, as well as the comprehensive development of the individual. During the analysis of scientific literature, legal framework, international legal acts, the concept of rest time of the National Police of Ukraine employees was established and revealed. Based on the views of individual authors, the nature and content of the rest time of the National Police of Ukraine employees are revealed. The use of rest time, its legal regulation against the National Police of Ukraine employees is determined. Keywords: vacation time, employee, National Police of Ukraine, service relations.

Socio-Economic Analysis of the Proposal to Switch to a Four-Day Working Week in Russia

2019 ◽  
pp. 60-66
Author(s):  
R. A. Lugovskoy ◽  
E. V. Mikhaylov
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Social Protection ◽  
Prime Minister ◽  
Working Hours ◽  
Working Time ◽  
Production Costs ◽  
Historical Background ◽  
Labor Legislation ◽  
The Russian Federation

The presented study analyzes the proposal of the Prime Minister of the Russian Federation D. A. Medvedev to switch to a four-day working week. In the context of the topic, the experience of dealing with this issue is examined, including international practices. A similar proposal was discussed by I.V. Stalin as far back as Soviet times, although in the context of switching to five- or six-hour working days, but only in 2019 did this issue become the subject of debate. In light of the pension reform, which has led to an increase in the retirement age in Russia, a number of experts believe that such proposals may entail potential changes that could have a negative effect on the situation of workers. This study examines the mechanisms of public administration in coordination with enterprises relating to changes in the working hours.Aim. The authors aim to analyze potential directions for the improvement of public administration in the field of labor legislation, which has a significant impact on the development of the economy, business, and the situation of workers.Tasks. This study determines the historical background of Russia’s switch to a four-day working week; examines the legal mechanisms and specific features of labor legislation in Russia in the context of the planned switch to a four-day working week; explores international practices in the field of regulation of working hours; analyzes the benefits and drawbacks of switching to a four-day working week in Russia; develops proposals associated with Russia’s switch to a four-day working week.Methods. The methodological basis for the consideration of the problems includes general scientific methods, systems, structural, functional, and institutional analysis.Results. The ongoing processes in the field of improvement of labor legislation and its impact on the economy, business, and the situation of workers are comprehensively analyzed. The historical background of Russia’s switch to a four-day working week is determined; fundamentals of Russian labor legislation are examined; benefits and drawbacks of the potential innovations in the field of regulation of working hours are identified with allowance for international practices. The authors formulate proposals, the implementation of which will bring Russia closer to the switch to a four-day working week.Conclusions. The proposals of the Prime Minister of the Russian Federation to switch to a four-day working week has raised a lot of questions. For instance, it is unclear whether the current wages will be maintained. It is also questionable whether it is a step towards artificially reducing unemployment, in which fields this idea is likely to manifest itself first, and so on. These questions need to be thoroughly discussed by the representatives of the Government of the Russian Federation, Ministry of Labor and Social Protection of the Russian Federation, trade unions, and the scientific community. It is necessary to conduct a sociological survey to determine and prevent concerns among citizens about the upcoming changes. That said, the authors believe that the idea itself is conceptually correct, but it still valid to doubt whether it can be successfully implemented at the time of capitalism, when entrepreneurs focus on profit and are not interested in reducing the working time of their employees. According to the authors, the plans of I.V. Stalin to reduce working time could faster come into fruition with the socialist economic model, which facilitated innovations in the machine tool industry that would boost GDP growth and significantly reduce production costs. Assessing the prospects of development of this idea at the present stage is difficult.

LEGAL REGULATION OF WORKING HOURS: HISTORY AND MODERNITY

2020 ◽  
Author(s):  
Тамила Магомедовна Нинциева
Keyword(s):  
Working Hours ◽  
Legal Regulation ◽  
Working Time

В представленной статье рассматриваются исторические особенности развития правового регулирования рабочего времени, анализируются отдельные нормативные акты, регулирующий данный вопрос. This article discusses the historical features of the development of legal regulation of working time, analyzes individual regulatory acts governing this issue.

scholarly journals Boundaryless working hours and recovery in Germany

2021 ◽  
Author(s):  
Laura Vieten ◽  
Anne Marit Wöhrmann ◽  
Alexandra Michel
Keyword(s):  
Working Hours ◽  
Working Time ◽  
Overtime Work ◽  
Psychological Detachment ◽  
Representative Study ◽  
Flexible Working ◽  
Recovery Experiences ◽  
High Level ◽  
And Control ◽  
Extended Work

Abstract Objective Due to recent trends such as globalization and digitalization, more and more employees tend to have flexible working time arrangements, including boundaryless working hours. The aim of this study was to investigate the relationships of various aspects of boundaryless working hours (overtime, Sunday work, and extended work availability) with employees’ state of recovery. Besides, we examined the mediating and moderating role of recovery experiences (psychological detachment, relaxation, mastery, and control) in these relationships. Methods We used data from 8586 employees (48% women; average age of 48 years) who took part in the 2017 BAuA-Working Time Survey, a representative study of the German working population. Regression analyses were conducted to test main effects as well as mediation and moderation. Results Overtime work, Sunday work, and extended work availability were negatively related to state of recovery. Psychological detachment mediated these relationships. Furthermore, we found that relaxation and control mediated the association between extended work availability and state of recovery. However, no relevant moderating effects were found. Conclusions Altogether, our findings indicate that various aspects of boundaryless working hours pose a risk to employees’ state of recovery and that especially psychological detachment is a potential mechanism in these relationships. In addition, the results suggest that a high level of recovery experiences cannot attenuate these negative relationships in leisure time. Therefore, employers and employees alike should try to avoid or minimize boundaryless working hours.

scholarly journals Peculiarities of Employment Relations in Ukraine for the Period of Established Quarantine (Covid-19)

2020 ◽  
Vol 24 (1) ◽  
pp. 151-156
Author(s):  
T. Pisоchenkо ◽  
◽  
S. Agafonova ◽  
Keyword(s):  
Labor Relations ◽  
Working Hours ◽  
Remote Work ◽  
The People ◽  
Labor Legislation ◽  
Unpaid Leave ◽  
The Face ◽  
Part Time ◽  
The Right ◽  
Restrictive Measures

Annotation. Introduction. The author investigates in his article the main drawbacks of the Ukrainian legislative base that may cause difficulties for employers and employees during the COVID-19 pandemic. While reading this article you will find several solutions on how to limit salary expenses of you company or firm, lead in remote or part-time working schedule on the enterprise and grant employees unpaid leave. The article also deals with the procedure of the paper work that should be done while processing sick leaves of the people who suffered from the COVID-19 disease or contacted with the COVID-19 patients. Purpоse. The purpose of this article is to identify the shortcomings of labor legislation during quarantine and restrictive measures related to the spread of coronavirus disease (COVID-19). Consider and analyze new approaches in building labor relations between employees and employers in the face of rising unemployment and the introduction of telework. Results. The pandemic covered 210 countries and territories. Studies have shown that tens of millions of people have lost their jobs. According to various social survey centers, every third company surveyed optimized the payroll, sent employees to remote work with a reduction in wages, reduced staff and transferred some workers to contracts. Today it is possible to exercise the right to receive partial unemployment benefits for insured workers who have lost part of their wages due to forced downtime or reduction of working hours due to quarantine. Cоnclusiоns. Today, much responsibility lies with the subjects of labor relations, much depends on the employees and employers, on their responsibility and charity. State aid to those categories that were more vulnerable during the crisis remains important. Financial assistance can take the form of grants and grace periods on outstanding loans – in order to support and overcome the profitability crisis. Keywоrds: labor relations; pandemic; wages; COVID-19.

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