scholarly journals Necessity of Reconsideration of Labour Law Relations – Pandemic, Labour Market, Social Innovation

2021 ◽  
Vol 19 (2) ◽  
pp. 1-19
Author(s):  
Gábor Mélypataki ◽  
Dávid Adrián Máté

The changing of labour law relations has been accelerated because of recent events. The suddenly occurring pandemic situation has overwritten all the processes of the labour market. We are faced with numerous problems while recovering from the crisis. Basic questions should be asked, and they have to be considered. One thing is sure: nothing will be the same as before. The situation created by COVID-19 is a disaster and probably an opportunity at the same time. It is an opportunity for rebuilding and developing a bit different and maybe a fairer labour market. There are several open questions which should not be answered at once, but we should dare to ask them. Given the initial stage of the epidemic, this study seeks to shed light on the issues that have arisen rather than to give concrete answers to each of the potential problems. The copy of the manuscript submitted for publication was finished in April 2020, so by the time it is published, we may have already received answers to many things, but it is more likely that many questions will remain open.

2016 ◽  
Vol 6 (2) ◽  
pp. 363-371
Author(s):  
Heiko Berner

Social innovations are targeted measures that are capable to resolve social problems (Rammert 2010) and they are directed towards an improvement of the situation (Gillwald 2000). Finally, they are directed towards an amelioration of the situation (Gillwald 2000). In Austria it is argued that ethnic business represents a type of social innovation (Haberfellner 2000). The question the paper addresses is if and to what extent ethnic business goes hand in hand with social developments and possibly boosts social change. Entrepreneurs of Turkish origin in Salzburg are the focus of analysis. The paper starts with a definition of the term ‚social innovation‘ (1), the issues of ethnic vs. migrant business (2.), followed by the description of the labour market situation of Turkish migrants in Salzburg and discrimination in the labour market (3.), and, to to round up, the analysis of biographic interviews with Turkish entrepreneurs in Salzburg (4.). The preliminary results show that there exist social problems such as the lower socio-economic situation of Turkish migrants in Salzburg and discrimination in the labour market. These problems can be seen as basis for the need of social innovations. But nevertheless Turkish run ethnic businesses in a strict sense of the word are no social innovation because they do not act against the problems in an intended way; they rather work on their own account. They may overcome disadvantages on the labour market but their actions are not directed towards overcoming the problem per se. It is much rather a transintentional aspect (Schimank 2010), which goes beyond the economic interest of the actors.


Urbanisation ◽  
2021 ◽  
pp. 245574712110258
Author(s):  
Megan Maxwell ◽  
Milan Vaishnav

Do working women enjoy greater levels of human agency? While the theoretical foundations underlying this connection are clear, the empirical evidence is quite mixed. We leverage detailed, new data on intra-household decision-making and labour market behaviour from four north Indian urban clusters to shed light on this question. We find that women who work exercise greater say in important decisions around the home. However, this ‘work advantage’ exhibits significant heterogeneity across decision types, decision-making domains, and definitions of work.


Author(s):  
Bruce P. Archibald

This chapter examines the question of whether the law should prohibit or prevent jobs that are robotic in the nature of their performance against two normative frameworks: first, the framework of human rights and, secondly, the framework of human capabilities. These two frameworks justify controls, albeit not necessarily the same, over the sorts of jobs that are available on the labour market. The chapter finds that both frameworks recognize the value of work as an important interest and an element of human flourishing, and both frameworks impose duties as to the content of work. The duties that human rights impose include the creation of work opportunities and the prohibition of exploitation at work, rather than the creation of meaningful work. Working like a robot, or like a cog in a machine, is not necessarily incompatible with human rights. However, it appears to be incompatible with Nussbaum’s account of human capabilities. It undermines both architectonic capabilities of practical reason and affiliation, the exercise of which affects all other capabilities. Even though boring and monotonous work is incompatible with this approach, it is less clear whether there should be a state duty to prohibit it, according to the theory of human capabilities. This is because work, even if boring and monotonous, may still be conducive to human flourishing for it is good for the enjoyment of several human capabilities. This lack of clarity as to the duties imposed in this area is a weakness of the capabilities approach.


2020 ◽  
pp. 43-56
Author(s):  
Zoe Adams

The chapter builds on the analysis in Chapter 1 with a view to exploring the nature of law and its relationship with capitalist society in more detail. The previous chapter used an analysis of capitalism’s deep structures to explore the nature of law’s role(s) in capitalism, engaging with the various legal ‘functions’ that capitalism presupposes. The purpose of this chapter is to explore the implications of this understanding of law’s role (or function) when it comes to understanding law’s form. The first section begins by developing a theory of the legal form by engaging with the work of Evgeny Pashukanis. The second section teases out the implications of this analysis for our understanding of the relationship between the legal form and capitalism’s contradictions. The third section draws on this analysis to shed light on the relationship between legal form and content. The fourth section makes some tentative conclusions about the implications of this analysis for our understanding of labour law.


2020 ◽  
Vol 11 (2) ◽  
pp. 142-153 ◽  
Author(s):  
Annamaria Westregård

This paper focuses on the specific problems in the labour and social security legislation as it relates to crowdworkers in the digitalised new economy, analysing their place in labour market, and especially in the collective agreements which are the standard means of regulating working conditions in the Nordic model. Sweden has a binary system where a performing party is as either an employee or self-employed. The law on working and employment conditions offers only limited protection to those on short, fixed-term contracts; instead, it is social partners that have improved crowdworkers’ conditions in some industries by using collective bargaining. However, there are no collective agreements in the digital economy, or indeed for platform entrepreneurs. The complications of the parties’ positions will be analysed, especially as platforms do not consider themselves to be employers, but rather coordinators of the self-employed. It is not only labour law regulations that are important to prevent precariat among crowdworkers. It is also very important that the social security regulations adapt to the new labour market as the social security legislation is an important part of the Nordic model.


2019 ◽  
Vol 3 ◽  
pp. 40-75 ◽  
Author(s):  
Matthew Lewis ◽  
Naomi Fineberg ◽  
Lola Cañamero

Computational psychiatry is increasingly establishing itself as a valuable discipline for understanding human mental disorders. However, robot models and their potential for investigating embodied and contextual aspects of mental health have been, to date, largely unexplored. In this article, we present an initial robot model of obsessive-compulsive (OC) spectrum disorders based on an embodied motivation-based control architecture for decision-making in autonomous robots. The OC family of conditions is chiefly characterized by obsessions (recurrent, invasive thoughts) and/or compulsions (an urge to carry out certain repetitive or ritualized behaviors). The design of our robot model follows and illustrates a general design framework that we have proposed to ground research in robot models of mental disorders and to link it with existing methodologies in psychiatry, notably in the design of animal models. To test and validate our model, we present and discuss initial experiments, results, and quantitative and qualitative analyses regarding the compulsive and obsessive elements of OC-spectrum disorders. While this initial stage of development only models basic elements of such disorders, our results already shed light on aspects of the underlying theoretical model that are not obvious simply from consideration of the model.


Author(s):  
Tiffany S. Jastrzembski ◽  
Neil Charness

FEATURE AT A GLANCE: In this article, we examine the interplay between electronic voting technology machine types (touchscreen vs. touchscreen + keypad) and ballot designs (full ballot vs. one office per page) that together comprise the interface to which voters are exposed. Using a gerontological approach, we show that determining the most usable system for voters with the most limited capabilities (in this study, older participants) also corresponded to higher performance across groups (younger participants). Because older adults are more sensitive to slight differences in human-computer interaction designs, examining their performance may help shed light on potential problems that could otherwise go undetected.


Author(s):  
Francisco Caparrós Alcaráz

<p>Balearic Islands are a European-leading destination but the economic specialization in<br />tourism activities produce dysfunctionalities in the labour market such as seasonality, a high<br />demand of human resources in a short period, low level of educational attainment and underemployment.<br />As counterpart, Active Labour Market Policies (ALMPs) are a set of interventions<br />aimed to enhance human capital and to smooth career transitions. The aim of this paper is<br />to shed light on these issues. Results suggest that Balearic Islands Employment Service (SOIB)<br />is focused on counselling and training while other policies are not properly developed.</p>


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