Form of Business Ownership as a Reason of Differentiation in the Labor Legislation

2018 ◽  
pp. 35-40
Author(s):  
V. D. Aveskulov
Author(s):  
Lesja Kosmii

Goal. The purpose of this work is to analyze the norms of the current labor legislation regarding the regulation of the relations between the employee and the employer in the introduction of any restrictions and anti-epidemic measures in the conditions of national quarantine and prevention in such conditions of violations of labor rights of employees. It is important that during the course of the COVID-19 coronary pandemic measures, they were not only effective but also violated human rights, including work. Method. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material, experience of foreign countries and formulation of relevant conclusions and recommendations. During the research the following methods of scientific knowledge were used: terminological, comparative, functional, system-structural, logical-normative. Results. During the research it was found that the Ukrainian legislature, including foreign experience, was able to respond promptly to the quarantine situation by adopting anti-crisis laws, which did not neglect labor legislation. This is understandable, because in connection with the announcement of quarantine in the whole territory of Ukraine, employers had to make personnel decisions, and the current legislative framework did not clearly regulate the issues that arose. Scientific novelty. The study found that the updating of labor legislation in the area of labor relations regulation during the national quarantine period allows the employer to use certain forms of labor organization, in which the basic labor rights and guarantees of employees can be preserved. Practical importance. The results of the study can be used in law-making and law enforcement activities, as well as by employers in regulating labor relations with employees during the quarantine period.


2016 ◽  
Vol 6 (2) ◽  
pp. 219-239
Author(s):  
Olgu Karan

This paper proposes a new conceptual framework in understanding the dynamics within the Kurdish and Turkish (KT) owned firms in London by utilising Charles Tilly’s work concerning collective resource mobilisation. Drawing on 60 in-depth interviews with restaurant, off-licence, kebab-shop, coffee-shop, supermarket, wholesaler owners and various community organisations, the paper sheds light upon the questions of why and how the KT communities in London moved into, and are over represented and why Turkish Cypriots are absent in small business ownership. The re-search illustrates that members of the KT communities aligned in their interests to become small business owners after the demise of textile industry in the midst of 1990s in London. The interest alignment in small business ownership required activation of various forms of capital and transposition of social, cultural and economic capital into one another.


Author(s):  
Anna A. Zakrevskaya ◽  
Ekaterina V. Dmitrieva

Introduction. The article presents the results of a survey of employees of the railway industry and volunteers of various professions on their attitude to the possibility of employment of women as a locomotive driver and assistant driver. The aim of study is to determine the socio-psychological aspects of allowing women to work as a driver and assistant driver of an electric train among employees of various professions, including in the railway industry. Materials and methods. Anonymous online survey conducted among 112 people: 60 women aged 29.9±7.9 years (from 19 to 55 years), and 52 men aged 29.6±8.4 years (from 15 to 53 years). Results. There is an ambiguous attitude to the prospects of allowing women to work as a driver and assistant driver of an electric train. The most urgent problems of an organizational nature that accompany changes in labor legislation are noted: the abolition of allowances "for harm", the increase in the retirement age, inconveniences in holiday homes that are currently designed exclusively for men. There are also positive prospects for these changes: the possibility of healthy professional competition and the emergence of new areas of professional growth for women, as well as increasing the prestige of OAS "Russian Railways" by creating an image of a company that provides candidates with equal rights regardless of gender. Conclusions. The appearance (although it would be more accurate to say "return") of women to work as drivers and assistant drivers is not a forced measure, as it was in wartime, but the result of the modernization of rolling stock and railway infrastructure, bringing to the fore the assessment of professionally important operator qualities, regardless of the gender of candidates. However, gender characteristics cannot be ignored in the socio-psychological context - for example, when recruiting locomotive crews with mixed composition or when creating a favorable psychological climate in a locomotive depot.


Author(s):  
Yuliya Chernenilova

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.


2019 ◽  
pp. 60-66
Author(s):  
R. A. Lugovskoy ◽  
E. V. Mikhaylov

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.


2011 ◽  
Vol 9 (1-2) ◽  
pp. 70-77
Author(s):  
Diem Tran ◽  
OiYan Poon

Business success is a dominant theme in the Asian American narrative. However, Asian American entrepreneurship is more complex and multilayered than commonly believed and requires careful scrutiny. This brief examines the state of Asian American business ownership between 2005 and 2007. Findings suggest that although Asian Americans form businesses at higher rates than other racial/ethnic minorities, Asian American business ownership and outcomes continue to trail those of non-Hispanic whites. Potential factors contributing to racial/ethnic gaps and policy recommendations are discussed.


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