LEGAL SUPPORT OF DEVELOPMENT OF PUBLIC RELATIONS IN THE FIELD OF LABOR

2017 ◽  
Author(s):  
Liudmyla Mashkovska ◽  
◽  
Iryna Kovalenko -Chukina ◽  
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Labor Policy ◽  
The State ◽  
Entire System ◽  
The Social ◽  
Modern Business ◽  
Legitimate Interests ◽  
Business Conditions ◽  
The Law

The article analyzes the issues of regularity of development of social relations in the field of labor, and its legal support, highlights the law to work as a subjective right of a person, which creates, first of all, a mechanism for implementing, protecting and protecting the entire system of workers' rights. Freedom of labor should include the possibility for a person to engage in or not to engage in work, and if engaged, to choose freely. Attention is paid to ensuring that everyone enters into labor relations without discrimination to realize their abilities, and regardless of the grounds of labor relations, the state is obliged to create effective organizational and legal mechanisms for labor relations at the level of law, and the absence of such mechanisms employee freedoms. All labor relations should be based on the principles of social protection and equality for all enterprises, institutions, organizations, regardless of ownership, type of activity and industry affiliation, as well as persons working under an employment contract, which, in particular, should be reflected in establishing an exhaustive list of conditions. and the grounds for termination of such relations. Since we are talking about the law to work as a subjective law, as well as legitimate interests arising from this law, the object of protection are subjective laws and legitimate interests enshrined in labor law, which reflect the diversity of labor activities of the parties to the employment relationship. This, in turn, creates a mechanism for the implementation, protection and defense of the entire system of laws of both employees and employers. It is their combination is the main content of the entire system of labor protection in the process of employment, in the process of employment and its termination. Modern conditions in which the state is recognized as social and democratic require that the social approach in law, including labor law, gradually become decisive. The personality of the employee in modern business conditions should play a significant role, relations in the field of hired labor should be reoriented in the social direction, in favor of the employee. Emphasis is placed on the fact that labor policy should be aimed at the active use of legal standards and their further development, taking into account the accumulated legal experience and modern business conditions, which, above all, should be focused on decent work and adequate pay.

scholarly journals Realization and protection of the rights of workers as fundamentals of legal policy in the sphere of work

2015 ◽  
Vol 2 (2) ◽  
pp. 210-215
Author(s):  
Yu O Almaeva
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Democratic Society ◽  
The State ◽  
Law And Order ◽  
Legal Policy ◽  
The Social ◽  
Legitimate Interests

In legal democratic society the state is urged to define and protect the rights and legitimate interests of citizens, to ensure a law and order, safety of citizens, including in the sphere of the social and labor relations. Therefore providing the labor law of workers was and remains to one of the priority directions of legal policy of the state.

Explaining New Deal Labor Policy

1990 ◽  
Vol 84 (4) ◽  
pp. 1297-1315 ◽  
Author(s):  
Theda Skocpol ◽  
Kenneth Finegold ◽  
Michael Goldfield
Keyword(s):  
United States ◽  
New Deal ◽  
Turning Point ◽  
Labor Relations ◽  
Labor Law ◽  
The United States ◽  
Labor Policy ◽  
The State ◽  
Economic Recovery ◽  
National Labor Relations Act

The National Labor Relations Act (NLRA) of 1935 represented a turning point in modern labor relations policy in the United States. In the December 1989 issue of this Review, Michael Goldfield examined the effects of worker insurgency and radical organization on the enactment of the new labor law and rejected theories that emphasized the autonomy of the state from societal forces. In this Controversy, Theda Skocpol and Kenneth Finegold argue that the growing strength of liberal Democrats in Congress following the 1934 election and the failure of the National Industrial Recovery Act (NIRA) as an economic recovery measure provided the most important causes for the passage of the NLRA in mid-1935. In response Goldfield argues that the results of the 1934 election were themselves influenced by the protest environment and that the passage of the NLRA was a foregone conclusion before the NIRA was struck down.

The social uses of the law at a Soweto garbage dump: Reclaiming the law and the state in the informal economy

2016 ◽  
Vol 65 (2) ◽  
pp. 222-234 ◽  
Author(s):  
Melanie Samson
Keyword(s):  
Informal Economy ◽  
Research Agenda ◽  
Legal Theory ◽  
Social World ◽  
The State ◽  
Informal Workers ◽  
The Social ◽  
Critical Legal Theory ◽  
The Law ◽  
Social Uses

The informal economy is typically understood as being outside the law. However, this article develops the concept ‘social uses of the law’ to interrogate how informal workers understand, engage and deploy the law, facilitating the development of more nuanced theorizations of both the informal economy and the law. The article explores how a legal victory over the Johannesburg Council by reclaimers of reusable and recyclable materials at the Marie Louise landfill in Soweto, South Africa shaped their subjectivities and became bound up in struggles between reclaimers at the dump. Engaging with critical legal theory, the author argues that in a social world where most people do not read, understand, or cite court rulings, the ‘social uses of the law’ can be of greater import than the actual judgement. This does not, however, render the state absent, as the assertion that the court sanctioned particular claims and rights is central to the reclaimers’ social uses of the law. Through the social uses of the law, these reclaimers force us to consider how and why the law, one of the cornerstones of state formation, cannot be separated from the informal ways it is understood and deployed. The article concludes by sketching a research agenda that can assist in developing a more relational understanding of the law and the informal economy.

Wage indexation as a means of ensuring that real wage levels are raised

2020 ◽  
pp. 40-47
Author(s):  
Е. A. Shapoval
Keyword(s):  
Real Wage ◽  
Labor Relations ◽  
Labor Law ◽  
The State ◽  
Judicial Practice ◽  
Wage Indexation ◽  
Definition Of

The article considers issues related to the state guarantee of ensuring an increase in the level of real wage content, the definition of the concept of “wage indexation”, the procedure for its implementation and the mechanisms for determining the amount based on the approaches developed in the science of labor law and judicial practice taking into account priorities in the field of social and labor relations.

scholarly journals Legal Aspects of the Social Regulator of Contractual Relations in Labor Law of Ukraine

2021 ◽  
Vol 80 (1) ◽  
pp. 130-138
Author(s):  
Т. П. Голопич ◽  
І. М. Голопич
Keyword(s):  
Labor Law ◽  
Practical Experience ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Collective Agreement ◽  
Social Partnership ◽  
Social Dialogue ◽  
The Social ◽  
Contractual Relations

Legal aspects of the social regulator of contractual relations in labor law of Ukraine have been revealed. The concept of social partnership and social dialogue as a legal regulatory mechanism of collective relations has been studied. Legal regulation of labor conditions at different levels, through agreements, reflecting the will and interests of the parties to the agreement, has been analyzed. It has been found out that the personal nature of work, the definition of the specific labor function, duration of working time, remuneration of labor, etc., shall be reflected in a contractual relationship, which requires new forms of relationship between a state, an employer and an employee. Such new forms are acts of social partnership representing the interests of employees, employers, and the state in general. Special attention in this process has been paid to the collective agreement, wherein the interests of the labor collective and the employer are reconciled. The significance of the collective agreement is enhanced in the context of the market economy transformation and the development of new forms of management. Based on international experience it has been proved that problems of economic and public life are addressed optimally, if the orientation is implemented not towards the confrontation, but towards the achievement of social compliance, adjustment of social partnership on the principles of cooperation between employers and employees, which are realized in forms of negotiations, the conclusion of collective agreements and collective arrangements, coordination of draft regulatory and legislative acts and consultation in decision-making by social partners at all levels. It has been defined that social partnership is implemented by means of social dialogue, as a set of coordination procedures of interests of association of employees, employers and the state. Social dialogue helps to provide social harmony and stability in the society, it addresses diverse social and economic problems; it is the universal mean of collective relations for each country, it takes into account its traditions and particularities, and it is based on the significant practical experience of real cooperation.

scholarly journals Social commissioning in the sphere of social services provision

2021 ◽  
Vol 66 ◽  
pp. 113-117
Author(s):  
M.O. Buk
Keyword(s):  
Social Services ◽  
Social Order ◽  
Social Care ◽  
Social Issues ◽  
Public Procurement ◽  
The State ◽  
The Social ◽  
The Law ◽  
Definition Of ◽  
State Regional

This article is dedicated to the analysis of the essential hallmarks of social services procurement. The attention is focused on the absence of the unity of the scientists’ thoughts as for the definition of the term “social procurement”. It has been determined that in the foreign scientific literature the scientists to denote the term “social procurement” use the notions “social contracting”, “social order” and “social commissioning”, and they use these notions with slightly different meanings. Therefore, the notion “social procurement” is defined as: 1) activity of a country; 2) form of the state support; 3) complex of measures; 4) legal mechanism. The article has grounded the expediency of the definition of social procurement in the legal relations of social care as a special legal way to influence the behavior of the parties of the social care legal relations. The publication advocates the idea that social procurement is one of the conditions for the rise of the state and private sectors partnership. The state-private partnership in the legal relations regarding the provision of social services is proposed to be defined as cooperation between Ukraine, AR of Crimea, territorial communities represented by the competent state bodies, self-government bodies (authorized bodies in the sphere of social services provision) and legal entities, but for the state and municipal enterprises and establishments, and organizations (providers of social services) regarding the provision of social services, which is carried out on the basis of an agreement and under the procedure set by the Law of Ukraine “On Social Services” and other legal acts that regulate the social care legal relations. The article substantiates the thesis that the subject of the social procurement is social services and resolution of social issues of the state/regional/local levels in the aspect of the satisfaction of the needs of people/families for social services (state/regional/local programs of social services). It has been determined that the main forms of realization of the social procurement in the social care legal relations are public procurements of social services and financing of the state/regional/local programs of social services. The public procurement of social services is carried out under the procedure set by the Law of Ukraine “On  Public Procurement” taking into account the special features determined by the Law of Ukraine “On Social Services”. The social procurement in the form of financing of the state/regional/local programs of social services is decided upon the results of the tender announced by a client according to the plan for realization of the corresponding target program.

The Rule of Law

2018 ◽  
Author(s):  
N. W. Barber
Keyword(s):  
Social Context ◽  
Rule Of Law ◽  
The State ◽  
Successful Operation ◽  
The Rule Of Law ◽  
The Social ◽  
The Law

The rule of law requires that law make the differences it purports to make; linking the formal demands of law and the reality of the rules that structure power within a community. The chapter begins by outlining the rule of law. There are two aspects to the principle: first, the rule of law requires that laws be expressed in a way that enable people to obey the law; secondly, the rule of law requires that the social context is such that people are led to obey these rules. The second part of the chapter examines the connection between the rule of law and the state. First, it will be contended that states need to comply—to a degree—with the rule of law in order to exist. Secondly, in societies such as ours, non-state legal orders require the existence of the state, and state legal orders, for their successful operation.

2. Marriage and Civil Partnership

2021 ◽  
pp. 8-96
Author(s):  
Polly Morgan
Keyword(s):  
Legal Status ◽  
Public Perceptions ◽  
The State ◽  
Civil Partnership ◽  
The Social ◽  
The Law ◽  
Over Time

This chapter starts by considering how people get married, tracing the institution of marriage through history. It looks at the evolving popularity of marriage to the present day. The chapter then addresses the social and legal significance of marriage. It asks: Why does the state encourage people to marry? The chapter also looks at other ways in which relationships can be formalised under the law. Finally, the chapter turns to civil partnerships and looks at the changes in legal status to such partnerships over time. It also considers public perceptions of civil partnerships. Finally the chapter asks: Is there a future for marriage?

Between Tradition and Law: The Sociolegal Conditions of Bank Confidentiality in Monaco

2001 ◽  
Vol 10 (1) ◽  
pp. 61-82 ◽  
Author(s):  
Matthew Donaghy
Keyword(s):  
Comparative Study ◽  
Final Section ◽  
Legal Culture ◽  
The State ◽  
Financial Centre ◽  
Banking Market ◽  
The Social ◽  
The Law ◽  
Political Dimensions

This article adopts a sociolegal perspective in analysing the sociological conditions underpinning the emergence of a bank confidentiality law in the 'offshore' financial centre of Monaco. It utilizes three analytical distinctions in approaching the social, legal and political dimensions of the law and moves beyond superficial claims that Monaco's proposed law merely represents a codification of hitherto informal principles and practices. Issues surrounding the globalization of Monaco's banking market and its effects upon the legal culture of confidentiality are explored. However, changes in the legal culture of offshore financial centres should not be equated with an erosion of the state, which is shown to play a constitutive role in sociolegal transformations. In the final section of the article, the implications of the discussion for the sociolegal dimensions of offshore financial centres are drawn out, offering a blueprint for future comparative study on the legal cultures of globalized financial centres.

scholarly journals A Greve e seus sentidos político e jurídico / Strike and its political and Legal senses

2019 ◽  
Vol 47 (1) ◽  
pp. 252-268
Author(s):  
Felipe Cesar Rebêlo
Keyword(s):  
Social Action ◽  
Class Struggle ◽  
Institutional Structure ◽  
The State ◽  
Social Rights ◽  
Political Aspect ◽  
The Social ◽  
The Law ◽  
The Way

A greve é reconhecida como um instituto em constante evolução, representativo dos direitos sociais. Passa por uma evolução constante, de acordo com as demandas que surgem historicamente. Nesse ponto, se averigua como o instituto jurídico é construído, bem como a forma que sua feição política pode desenvolver. A compreensão da doutrina e da jurisprudência se faz necessária, em consonância as determinações legais, bem como ao espírito social que move multidões, em expressão de uma ação social que necessita ser revisitada considerando cânones mais profundos, e do próprio direito e da constituição do Estado, como forma de legitimação da estrutura institucional em que a sociedade pode se formatar. A forma de concretização das demandas sociais, à luz de uma preocupação que se compactue com a luta de classes no ambiente capitalista, em que o direito é analisado como instrumentalização dessa constante social, merece ponderação na análise contemplada.   Abstract: Strike is recognized as a constantly evolving institute, representative of social rights. It goes through a constant evolution, according to the demands that arise historically. At this point, it examines how the legal institute is constructed, as well as the form that its political aspect can develop. Understanding the doctrine and jurisprudence is necessary, in accordance with legal determinations, as well as the social spirit that moves crowds, in expression of a social action that needs to be revisited considering deeper canons, and of the law itself and the constitution of the State, as a way of legitimizing institutional structure in which society can be shaped. The way of concretizing social demands, in the light of a concern that is compacted with the class struggle in the capitalist environment, in which the law is analyzed as an instrumentalization of this social constant, deserves consideration in the analysis.

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