scholarly journals Balancing Work and Life

Pro Futuro ◽  
2021 ◽  
Vol 10 (4) ◽  
Author(s):  
Márton Leó Zaccaria
Keyword(s):  
Legal Protection ◽  
Private Life ◽  
Social Rights ◽  
Labour Law ◽  
Raising Children ◽  
Equal Employment ◽  
High Level ◽  
Socially Motivated ◽  
Work And Life

The present study deals with the current labour law questions of balancing work and private life. The topicality of the study is supported by Directive (EU) 2019/1158 which, built on the existing legislative basis, brings several novelties in this regulative area refreshing the key elements of the criteria of equal employment referring to the employees raising children. The researched regulation fits into the high level, socially motivated; worker-protection Directive designated by the European Pillar of Social Rights, consequently, this aspect also plays a role in elaboration. In my analysis, I concentrate on the regulative background, subject of the new Directive, as well as its connection to fundamental social rights and the new norms describing the potentially strengthening legal protection of workers. I draw conclusions based on their synthesis about the predictable future effects of the new regulation.

scholarly journals The right to take collective action in EU law based on the European Pillar of Social Rights and the recent case law of the CJEU

Pro Futuro ◽  
2020 ◽  
Vol 9 (3) ◽  
Author(s):  
Márton Leó Zaccaria
Keyword(s):  
European Union ◽  
Social Policy ◽  
Collective Action ◽  
Legal Protection ◽  
Case Law ◽  
Fundamental Rights ◽  
Recent Case ◽  
Social Rights ◽  
The European Union ◽  
Labour Law

This paper is built around the workers’ fundamental right to take collective action and collective bargaining. Although, this right is firmly embedded in the majority of labour law systems in the social policy (meaning labour law, too) of the European Union, it is worth analysing it separately with an independent meaning. We can approach this right from the fundamental rights, the fundamental treaties or from certain directives, so we can find several questions that are difficult to answer properly. These problems are mostly catalysed by the necessary collision between the need for socially motivated legal protection and the fundamental economic freedoms. In my research, I analyse this right – along with some other connected ones – with the help of the recent case law of the Court of Justice of the European Union and the European Pillar of Social Rights because the latter highlights the holistic approach in the current reforms of EU social policy.

CRIMINOLOGICAL FEATURES OF CORRUPTION-RELATED CRIMES IN THE FUEL AND ENERGY COMPLEX

2020 ◽  
pp. 23-27
Author(s):  
Сергей Иванович Вележев ◽  
Антон Михайлович Седогин
Keyword(s):  
Legal Protection ◽  
Criminal Activity ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Energy Complex ◽  
Significant Damage ◽  
Study Results ◽  
Wide Range ◽  
Illegal Activities ◽  
High Level

В представленной статье авторами рассматриваются вопросы уголовно-правовой охраны топливно-энергетического комплекса Российской Федерации от преступных проявлений, в том числе от коррупционной противоправной деятельности должностных лиц. Такие действия причиняют значительный ущерб нормальному функционированию предприятий топливно-энергетического комплекса. Авторами приводятся результаты исследования некоторых криминологических характеристик должностных лиц, совершивших преступления коррупционного характера. Дан анализ причин и условий, способствующих совершению вышеуказанных противоправных действий. Определена типовая модель преступника для данной категории преступлений и его характеристики: в первую очередь, это высокий уровень компетентности, специальное образование и т. д. Авторами отмечается высокий уровень латентной преступности в данной отрасли. Предложены некоторые пути профилактики данной категории правонарушений. Исследование проводилось на основе анализа конкретных уголовных дел, возбужденных следственными органами по результатам оперативно-розыскной деятельности правоохранительных органов. In the article the authors consider the issues of criminal and legal protection of the fuel and energy complex of the Russian Federation from criminal activity including corrupt illegal practices of officials. The authors cite the results of some criminological characteristics study of the fuel and energy complex staff committed corruption crimes. As a result of these illegal actions significant damage is caused to the normal functioning of the fuel and energy enterprises. Such officials` actions determine not only a wide range of other illegal activities, but also lead to public outcry and discredit the industry as a whole. The analysis of the reasons and conditions contributing to the above illegal actions commission is given. A typical model of a criminal for a given crime category and its characteristics are determined. First of all it is a high level competence, special education, etc. A high level of latent crime in this industry is shown. The study results are presented on the example of specific criminal cases initiated by the investigating authorities based on the results of the operation detection activities of law enforcement agencies. Some ways of preventing this category of offenses are proposed.

scholarly journals Regulating Labour Relations in China : The Challenge of Adapting to the Socialist Market Economy

2005 ◽  
Vol 37 (3) ◽  
pp. 753-775
Author(s):  
Pitman B. Potter ◽  
Li Jianyong
Keyword(s):  
Economic Growth ◽  
Trade Unions ◽  
Legal Protection ◽  
Labour Law ◽  
Potential Significance ◽  
Major Step ◽  
Socialist Market Economy ◽  
Labour Relations ◽  
The Relationship ◽  
Socialist Market

This paper examines the new Labour Law of the PRC, effective January 1, 1995, in the light of current and historical conditions of labour relations in China. Provisions regarding the labour contract system and dispute resolution are discussed in greater detail. Issues related to the introduction of collective bargaining and to the relationship between trade unions and the Communist Party are also examined. In their overall assessment, the authors recognize the potential significance of the Labour Law as a major step towards the legal protection of workers' rights, but point out that its effectiveness could be undermined by the preeminent policy of economic growth, by concerns about political control, and by obstacles to full implementation.

scholarly journals Klägerfreundlichkeit als Prinzip des Sozialgerichtsverfahrens

2021 ◽  
Author(s):  
Andreja Kržič Bogataj
Keyword(s):  
Social Problems ◽  
Legal Protection ◽  
Social Rights ◽  
Theoretical Construct ◽  
Social Law ◽  
Court Proceedings ◽  
Theoretical Foundations

In social law disputes, a multitude of social problems come to light for legal claimants. However, if the plaintiffs cannot enforce their claims in social proceedings due to procedural obstacles, social rights remain merely a theoretical construct. This study addresses the question of how effective legal protection can be guaranteed in social law disputes. It elaborates the theoretical foundations of effective legal protection in social law disputes. By means of a legal comparison between the differently designed social court proceedings in Germany and Slovenia, it systematically examines the extent to which effective legal protection is guaranteed in each case.

Part II Historical and Legal Sources, Ch.12 Social Justice, Rights, and Labour

2013 ◽  
Author(s):  
Diller Janelle M
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Social Rights ◽  
International Labor Organization ◽  
Labour Law ◽  
International Human Rights ◽  
Labour Movement ◽  
International Labor ◽  
History Of ◽  
International Human

This article examines the issues of social justice, social rights, and the international labour movement in relation to international human rights. It traces the history of the emergence of international labour law and describes the action and innovation of the International Labor Organization (ILO). It suggests that the ILO�s structural machinery and guiding principles served as the global reference point for setting and supervising standards on workers� rights, freedoms, and entitlements.

scholarly journals Economic Development and the“Social Rights Hypothesis”: Regulating Labour Standards in China

2018 ◽  
Vol 5 (2) ◽  
pp. 315-331
Author(s):  
Mimi ZOU
Keyword(s):  
Economic Development ◽  
Explanatory Power ◽  
Social Rights ◽  
Labour Law ◽  
Ongoing Debate ◽  
Legal Rules ◽  
The Social ◽  
Labour Standards ◽  
Critical Account ◽  
The Relationship

AbstractThis paper provides a critical account of the various roles that labour-law regulation has played in China’s transition to a market-oriented economy. The analysis aims to contribute new insights to an ongoing debate on the relationship between economic development and legal rules and institutions in China. Discussions of social and labour rights have been on the periphery of a debate that has focused on property and contract rights (the so-called “Rights Hypothesis”). While numerous scholars have sought to debunk the explanatory power of the “Rights Hypothesis” in the case of China, I put forward an alternative “Social Rights Hypothesis.” My proposed hypothesis seeks to explain how labour-law rules and institutions have co-evolved with the emergence of a labour market in China’s economic development. Specifically, labour law has played not only a market-constituting role, but also market-corrective and market-limiting functions.

Health Policy in East Asia: Objectives, Priorities and Performance

2020 ◽  
pp. 1-23
Author(s):  
Gyu-Jin Hwang
Keyword(s):  
Social Rights ◽  
Common Belief ◽  
Asian Countries ◽  
Welfare Capitalism ◽  
Wide Range ◽  
Policy Arrangements ◽  
Policy Objectives ◽  
The Common ◽  
And Performance ◽  
High Level

This article aims to identify how the economies that do not necessarily prioritise social rights in their social policy arrangements fare in achieving various healthcare objectives. The big five of East Asian countries – China, Japan, South Korea, Taiwan, Singapore plus Hong Kong – are considered as such cases. It first highlights a wide range of variations in their healthcare offerings. It then shows that, contrary to the common belief, they constitute a surprisingly high level of redistributive elements in them. Deviating from their overall welfare regime characteristics, each healthcare system presents a unique combination of policy objectives in social, medical, economic and political terms, raising a question of the utility of social rights as a central conceptual lens to understand the world of welfare capitalism.

scholarly journals THE LONG ROAD TO THE INTERNATIONAL RECOGNITION OF ECONOMIC AND SOCIAL RIGHTS: THE RIGHT TO AN ADEQUATE STANDARD OF LIVING

2018 ◽  
pp. 43-60
Author(s):  
GERMANA AGUIAR RIBEIRO DO NASCIMENTO
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Second World War ◽  
Universal Declaration ◽  
Standard Of Living ◽  
Social Rights ◽  
Political Rights ◽  
Protection Of Human Rights ◽  
The Right ◽  
Second World

A long road was necessary for economic and social rights to be internationally recognized. In fact, it was only after the Second World War that the protection of human rights, including economic and social rights, became one of the aims of the United Nations. Despite that, this legal protection was by no means made without controversies, especially when it comes to economic and social rights. The fact that most of the articles of the Universal Declaration of Human Rights refer to civil and political rights corroborates these difficulties. Only articles 22 through 27 protected economic and social rights. The objective of this article is to shed some light into this process, as the Universal Declaration has been the foundation of the codification of the whole human rights system. Particular attention will be given to the discussions around the inclusion of article 25 that refers to the right to an adequate standard of living. It is interesting to analyze how this right was adopted during the process of elaboration of the Declaration, as it was then incorporated by so many texts and influenced the recognition of other rights. In fact, if today we are able to have autonomous rights to water, to health, to food, to housing and to education, it is thanks to the proclamation of the right to an adequate standard of living in the first place.

scholarly journals VIOLENCE IN THE FIELD OF FAMILY AND DOMESTIC RELATIONS: CONCEPT AND GENERAL CHARACTERISTICS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 78-83
Author(s):  
I. V. Zyryanov
Keyword(s):  
Domestic Violence ◽  
Family Relations ◽  
Private Life ◽  
Domestic Sphere ◽  
Domestic Relations ◽  
Typical Situation ◽  
Mutual Insurance ◽  
Law Enforcement Officials ◽  
Violent Acts ◽  
High Level

Annotation: This article considers the main aspects of various forms of violent acts in the family and domestic sphere. The issues of the concept of this category, the causes and conditions that give rise to these antisocial acts are studied. The nature of domestic violence resulting from its various manifestations, the peculiarities of the sphere of family relations itself that limit external intervention, the need of taking into account the circumstances of committing these offenses, the specifics of the actions of prophylactic subjects in a typical situation of suppressing domestic violence are focused upon. The characteristics of these subjects are given. The work provides the research of their activity characterized by legitimate interference in a special sphere of private life – family and life; a high level of aggression in domestic conflicts aimed at both family members and law enforcement officials; the need to use additional professional skills: communication with victims (including children, elderly people, etc.) and aggressors, entry (penetration) into the home, first aid, mutual insurance, etc. The attempts to consider the theoretical foundations of the concept of domestic violence, the study of its signs and tactics of prevention are made. The basis for this study was the modern methods of cognition, allowing the author to identify patterns of development of certain social groups (micro collectives).

scholarly journals CHALLENGES OF INTERNATIONAL LEGAL PROTECTION OF THE DIGNIFIED HUMAN EXISTENCE IN THE ERA OF THE FOURTH INDUSTRIAL REVOLUTION

2020 ◽  
Author(s):  
Paunita Petrova ◽  
Keyword(s):  
Human Resources ◽  
International Law ◽  
Industrial Revolution ◽  
Legal Protection ◽  
Human Existence ◽  
Social Rights ◽  
Fourth Industrial Revolution ◽  
Right To Work ◽  
The Right ◽  
Increased Pressure

International law must take into account all the challenges of the Fourth Industrial Revolution and respond adequately to them. It must develop and strengthen the protection of social rights, the right to work, as opposed to the increased pressure on human resources.

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