EMPLOYEES ' RIGHTS DURING QUARANTINE

Author(s):  
Valeriy Aveskulov ◽  
◽  
Victoria Gurzhiy ◽  
Sophia Boriychuk ◽  
◽  
...  

This scientific article is devoted to the problems of realization and protection of workers' rights due to the spread of the COVID-19 pandemic. The article examines the changes that occur in connection with the introduction of quarantine, and analyzes the difficulties that arise in the parties to the employment relationship. The legislative changes that took place in 2020 in order to adapt to new forms of society are analyzed. The article reveals the essence of remote work and the conditions under which the employer has the right to instruct employees to perform such work. It is analyzed how the employer provides the employee with working conditions that are necessary for remote work. It is indicated in what form the employment contract on home-based work is concluded, as at the time of the threat of spreading the pandemic the condition on transfer to remote work can be established in the order of the employer. Attention is also paid to the grounds for dismissal of employees during quarantine, as employers, being in a difficult situation due to quarantine restrictions, often dismiss employees illegally, which leads to violations of workers' rights and guarantees. The paper analyzes the introduction of downtime at the enterprise, as during the quarantine period, many employers are forced to make some changes in their work schedule. Particular attention is paid to wages during downtime. The article also examines the issue of sending an employee on leave "at his own expense", as it is another widely used way of registration of labor relations during quarantine, which are used by unscrupulous employers to minimize production costs and pay for work performed.

Author(s):  
Leonid Ostapenko ◽  

The article is devoted to the issues of special regulation of labor relations under quarantine. Such a basic concept of labor law as remote and at-school work is considered. Comparative analysis of legislation of the countries of the world on homebased work and peculiarities of its use in modern market conditions is carried out. The example of tv workers describes the working conditions of their work both outside the permanent workplace and in the time of performance of the labor functions defined for them. Attention is paid to the need to take into account the peculiarities of remote work not only with the help of television technologies, but also in other media. Taking into account the current national legislation, new well-founded approaches in terms of the legal and organizational basis for the functioning of the labor regime during the quarantine restrictions are proposed, which to some extent will contribute to the implementation of the right to work for the population of Ukraine.


2020 ◽  
Vol 24 (1) ◽  
pp. 151-156
Author(s):  
T. Pisоchenkо ◽  
◽  
S. Agafonova ◽  

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.


Author(s):  
V. Kryvosheieva ◽  
L. Vasyurenko

Conditions of innovative development of economy make significant changes in the system of social – labor relations, their new forms appear, which accompany the transition of social – labor relations from collectively – contractual to more individual and socially vulnerable. In this regard, new challenges are emerging for the whole system of regulation of social and labor relations. The most significant form of manifestation of changes in this area of ​​social relations is remote social – labor relations, which focus on providing the ability to perform work responsibilities without being in the workplace due to modern technologies. Compared to our country, telework is well developed in foreign countries. Foreign companies have already experienced the benefits of remote employment: saving time to get to work, solving transport problems, reducing environmental tensions, reducing unemployment, increasing time for family communication and leisure. The concept of remote employment, the main problems of this form of employment and ways of their solution, practical application of it in modern organizations, all advantages and disadvantages of working in a remote format are analyzed. The prospect of further spread of remote employment in the country, methods of motivation of workers working remotely were evaluated. The peculiarities of personnel management with regard to remote employment in organizations were identified and a strategy for remote employment management was proposed, which would allow to understand the problems related to remote work, which management needed to solve: finding the right balance between work and personal life, overcoming isolation at work in place, compensation for lack of personal communication and compensation for lack of employee visibility. Ways to increase the efficiency of work of remote employees, motivate them to work, as well as increase their level of adaptation in the company and involvement in the workforce. Key words: motivation, control, personnel, remote work, flexible work, flexible schedule, remote work, innovation.


2021 ◽  
Vol 18 (4) ◽  
pp. 413-422
Author(s):  
A. A. Sitnikov

Introduction. In the process of employees’ labor managemeint, it is possible that the employer uses formally legitimate powers to harm the employee, therefore the article is devoted to studying the problem of employer’s abuse of the right to manage labor. Purpose. Give a legal description of the employer’s abuse of the right to manage labor in the exercise of discretionary powers, determine the relationship between the category of abuse of the right and discrimination in labor relations, and determine the consequences of such abuse, if a gap is identified in the legal regulation of problematic relations between the employer and employees, propose a draft of norms supplementing the Labor Code of the Russian Federation, ensuring proper protection of the rights and legitimate interests of the employees. Methodology. In addition to general scientific methods (analysis, synthesis, analogy), private scientific methods were also used, such as formally legal, systemic and comparative legal. Results. The right to labor management consists of normative permissible powers, with the help of which the operational management of labor is carried out. The exercise of formally legitimate powers with the aim of harming an employee is an abuse of the employer's right to manage labor, so the employer’s unlawful motive is a constituent element of abuse of the right. Actions, the result of which is a violation of the rights of workers, are not an abuse: they should be attributed to discriminatory actions, since the exercise of the right cannot entail a violation of another right. It is concluded that the current legislation does not provide a mechanism to protect employees from abuse by the employer. An analysis of the norms of the Civil Code of the Russian Federation shows that abuse of law is a form of unfair behavior, the principle of good faith is a general legal principle, and the existence in the Labor Code of the Russian Federation of norms providing for special consequences of unfair behavior of the parties to labor relations would help in solving the identified problem. A draft of norms supplementing the Labor Code of the Russian Federation designed to ensure adequate protection of the interests of employees from abuse of rights by the employer is proposed. Conclusion. Both in the doctrine and in practice, there is a confusion of the concepts of employee discrimination and abuse of law by the employer. From the point of view of the theory of law, it is necessary to distinguish between these categories, and the legislation should contain adequate mechanisms to protect employees from abuse of law by the employer.


2021 ◽  
Vol specjalny (XXI) ◽  
pp. 511-521
Author(s):  
Agata Ludera-Ruszel

Work-life balance is one of the key aspects of rempote working which deserves our attentions. The current regulations of the Labour Code does not make any explicit reference to work-life balance idea. However, in the legislative changes during the last two decades there is a trend away to take better account of the values that underpin this idea, such as privacy, family and equality in employment and on the albour market. As if follows from the above considerations, in the regulations of Labour Code more emphasis should be put on the protection of employee working remotely against the clash between the professional and private spheres of employee’s life. This is the case for the rules for the use of remote work oand certain flexible forms of work organisation, which should be more „equal” in nature. Secondly, this i salso true for regulations on working time. The current regulations, that indirectly implement the right to disconnect, do not reflect specific risks for work-life balance, relating to the common use of information and communication technologies in employment relations.


2019 ◽  
Vol 77 (15) ◽  
Author(s):  
Helena Ferraz Gomes ◽  
Francisco Gleidson de Azevedo Gonçalves ◽  
Ariane da Silva Pires ◽  
Rafael Tavares Jomar ◽  
Ellen M. Peres ◽  
...  

Introdução: O trabalho em saúde, na atualidade, vem atendendo à lógica do mercado capitalista, na perspectiva deatuação mínima do Estado. Isto interfere diretamente nos modos de produção em saúde, refl etindo no processode trabalho neste setor, no qual se observa uma intensifi cação da terceirização dos serviços, bem como umaprecarização das condições de trabalho. Objetivos: Identifi car e caracterizar a produção científi ca relacionada àprecarização do trabalho de enfermagem no Brasil, e avaliar as repercussões da precarização do trabalho na saúdedos trabalhadores de enfermagem. Métodos: Revisão integrativa conduzida entre os meses de dezembro de 2012e janeiro de 2013 na Biblioteca Virtual em Saúde, a qual inclui, entre outras, as bases de dados LILACS, BDENF eSCIELO. Resultados: A precarização do trabalho de enfermagem relaciona-se à perda de direitos trabalhistas, àbaixa remuneração, aos múltiplos vínculos empregatícios, às diversas formas de contratação e jornadas extensasde trabalho e à precarização dos ambientes e de condições de trabalho. Conclusões: A precarização está presentenos diversos ambientes de trabalho da enfermagem com repercussões diretas na saúde dos trabalhadores deenfermagem, causando-lhes adoecimento físico e psíquico.Palavras-chave: Saúde do trabalhador; Enfermagem do trabalho; Condições de trabalho; Relações trabalhistas. ABSTRACTBackground: Labor in health services has been serving the logic of the capitalism, with minimum perspectiveof the State performance. In this context, health production modes have been infl uenced, refl ected in the workprocess in this sector, with an intensifi cation of work schedule as well as a deterioration of working conditions.Objectives: To identify and to characterize the scientifi c publications related to the precarization of the nursinglabor in Brazil, and to assess the effects of labor precarization to nursing workers health. Methods: An integrativereview was conducted between 2012 December and 2013 January using the Virtual Health Library, which includes,among others databases, LILACS, BDENF and SCIELO. Results: The precarization of nursing labor is related to theloss of worker rights, low salaries, multiple employment relationships, various forms of employment and longworking hours, and precarious environments and working conditions. Conclusions: Nursing labor precarizationis present in different nursing work environments, representing direct impact on the nursing workers health,causing physical and mental disabilities.Keywords: Occupational health; Occupational health nursing; Working conditions; Labor relations.


2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Shovkun Juliya ◽  

Investigated are the amendments to the Labor Code of Ukraine aimed at providing additional social and economic guarantees in connection with the spread of coronavirus disease (COVID-2019) to consolidate remote (home-based) work. Analyzed are the correlation and differences in the meaning of the newly introduced concept in the Code of Labor Laws of Ukraine of remote (home-based) work and the concept of home-based work in the understanding of the still valid in Soviet times Regulations on working conditions of remote workers, approved by the State Committee of the USSR and VTSRPS 275 / 17-99. Revealed is the content of the concept of remote (home-based) work and features of its application in the labor legislation. In particular, against the background of the analysis of legislation and scientific approaches, attention was paid to certain shortcomings and differences of terminological understanding of the concept of remote (home-based) work, considered the issue of remuneration in various cases of introduction, remote (home-based) work, working hours dispute before the court. Keywords: remote (home-based) work, home-based work, remote worker, remote work


2021 ◽  
Vol 7 (Extra-C) ◽  
pp. 367-373
Author(s):  
Apollinariya A. Sapfirova ◽  
Victoria V. Volkova ◽  
Olga M. Solovieva ◽  
Irina Viktorovna Kardanova ◽  
Anna V. Petrushkina

The purpose of the article is to study the prospects of using digital technologies in labor relations and personnel document management. In the course of the research, the method of legal analysis and the formal legal method were used. The main results allow drawing conclusions and making suggestions for improving the legal regulation of the use of digital technology in labor relations and the personnel document flow that forms these labor relations. As a result, the authors make the following conclusions and suggestions. On the Unified Digital Platform in the field of employment and labor relations "Trudvsem.ru", the employer should be given the right to form an electronic HR workflow as a whole, placing mandatory HR documents there, while other HR documents can be digitized at the discretion of the employer. This will reduce the established period of duplication by the employer of the electronic and paper form of the employment record. The conclusion about the possibility of concluding employment contracts on remote work with citizens living outside the Russian Federation has been also justified.


2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Marine Vekua

The main goal of this research is to determine whether the journalism education of the leading media schools inGeorgia is adequate to modern media market’s demands and challenges. The right answer to this main questionwas found after analyzing Georgian media market’s demands, on the one hand, and, on the other hand, differentaspects of journalism education in Georgia: the historical background, development trends, evaluation ofeducational programs and curricula designs, reflection of international standards in teaching methods, studyingand working conditions.


Horizons ◽  
2002 ◽  
Vol 29 (1) ◽  
pp. 128-134
Author(s):  
Patrick T. McCormick

ABSTRACTMany oppose the mandatum as a threat to the academic freedom of Catholic scholars and the autonomy and credibility of Catholic universities. But the imposition of this juridical bond on working theologians is also in tension with Catholic Social Teaching on the rights and dignity of labor. Work is the labor necessary to earn our daily bread. But it is also the vocation by which we realize ourselves as persons and the profession through which we contribute to the common good. Thus, along with the right to a just wage and safe working conditions, Catholic Social Teaching defends workers' rights to a full partnership in the enterprise, and calls upon the church to be a model of participation and cooperation. The imposition of the mandatum fails to live up to this standard and threatens the jobs and vocations of theologians while undermining this profession's contribution to the church.


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