scholarly journals Updating Labor Legislation in the Context of Introducing Independent Forms of Work: Telecommuting and Work from Home

2021 ◽  
Vol 80 (1) ◽  
pp. 144-150
Author(s):  
А. Л. Клименко
Keyword(s):  
Labor Market ◽  
Legal Regulation ◽  
Labor Rights ◽  
Labor Organization ◽  
International Labor Organization ◽  
Remote Work ◽  
Adaptation Mechanism ◽  
Work From Home ◽  
Labor Legislation ◽  
Foreign Countries

The preconditions and directions of improving legal regulation of telecommuting have been studied. The author has found out the specifics of the legal nature of the concepts of “work from home” and “telecommuting” in terms of the approach to the possibilities of various forms of labor organization and labor relations regarding the events related to the pandemic (COVID-19) and consequences for the Ukrainian labor market. Based on the application of general and special methods of scientific cognition, the author has clarified the essence and has expanded the content of two independent types (forms of work): telecommuting and work from home in the context of amendments in domestic labor legislation (draft Law No. 4051: Articles 601 and 602). The institutional nature of the concepts of “remote work”, “teleworking”, “telecommuting”, “work from home” from the standpoint of international experience has been revealed. It has been concluded that work from home is considered more sustainable concept, while telecommuting is remote work from anywhere, with a flexible schedule. It has been clarified that the term of “work from home” in the context of the pandemic (COVID-19) is used in the legislation of a number of foreign countries to denote only remote work at home as a temporary alternative workplace. The author has characterized the mechanism of the organization of telecommuting and work from home according to the draft Law No. 4051, in particular, the author has revealed characteristic features, adaptation mechanism, obligations and responsibilities of the parties, features of measuring the productivity of employees. Based on studying the experience of foreign countries in matters of legislative provision of telecommuting (Austria, the Netherlands, Poland, USA) and the practice of domestic companies, it has been concluded that the home workplace is nothing more than an “extension” or “superstructure” of the employer’s workspace within the organization of the work from home. The author has substantiated the rational approaches based on the current state of affairs at the labor market and in the economy of Ukraine regarding the most correct interpretation of these norms by both parties – employees and the employer to minimize any misunderstandings and risks. Given the risks of the external environment as a possible danger, it has been suggested an in-depth rethinking of approaches to legal support for the work from home and telecommuting, taking into account international practice and recommendations of the International Labor Organization. The emphasis has been placed on the need to find alternative solutions that are in the plane of social responsibility of the employer in matters of protecting labor rights of employees and the prevention of any discrimination.

scholarly journals On the issue of changes in labor legislation on remote (remote) work (experience of the COVID-19 pandemic)

2021 ◽  
Vol 1 (8) ◽  
pp. 118-124
Author(s):  
E. A. Kashekhlebova
Keyword(s):  
Russian Federation ◽  
Work Experience ◽  
Large Scale ◽  
Legal Regulation ◽  
Scale Transformation ◽  
Labor Rights ◽  
Remote Work ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Restrictive Measures

The sphere of social and labor rights has undergone a large-scale transformation due to the COVID-19 pandemic and related restrictive measures. Almost all enterprises and organizations during the period of restrictive measures were forced to switch to a remote (remote) mode of operation. Some, and sometimes all, employees of organizations were forced to perform their labor function, stipulated by an employment contract, at home.At the same time, before the introduction of the above-mentioned forced measures and subsequent amendments to the labor legislation regarding the regulation of the work of “homeworkers”, there were no provisions in the domestic labor legislation that would allow establishing legal regulation of the emergence of this kind of relationship between an employee and an employer.In December 2020, the Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the regulation of remote (remote) work and temporary transfer of an employee to remote (remote) work on the initiative of the employer in exceptional cases” was adopted.This article is devoted to a conceptual review of the amendments to the Labor Code of the Russian Federation adopted in 2020, aimed at establishing the regulation of remote (remote) work, as well as the procedure for temporary transfer of an employee to remote (remote) work on the initiative of the employer in strictly exceptional cases.

Features of Legal Regulation of the Procedure for the Consideration of Labor Disputes in Kazakhstan

2020 ◽  
Vol 11 (1) ◽  
pp. 65
Author(s):  
Ainur Zhenisovna ISSAYEVA ◽  
Bolat Zholdasbekovich AITIMOV ◽  
Zhanat Amandykovna ISSAYEVA ◽  
Madina Koishibayevna ZHUSSUPBEKOVA ◽  
Saltanat Saidakhmetovna TINISTANOVA ◽  
...  
Keyword(s):  
Trade Unions ◽  
Legal Regulation ◽  
Labor Organization ◽  
International Labor Organization ◽  
Minimum Level ◽  
Labor Disputes ◽  
Judicial Practice ◽  
Labor Legislation ◽  
International Labor ◽  
Conflict Resolutions

This study examined the experience of Kazakhstan, which created its own system of laws and regulations in the field of labor dispute problems, designed to protect the interests of workers and help ensure a minimum level for residents. The article identifies problems requiring study of issues on the application of labor legislation, development of recommendations for improving and taking measures to inform judicial practice in this category of cases. We have studied the activities of the International Labor Organization (hereinafter referred to as the MOT), which is the world agency of the United Labor Organization. Kazakhstan reports on labor issues, labor disputes, trade unions of workers, workers and others. Case studies show labor disputes, strikes by workers in the regions of Kazakhstan, as well as their solutions. The study makes recommendations of the following nature, when considering disputes regarding the recognition of  legal relations as labor, courts should distinguish between civil law relations and labor relations. The relevance of the research topic due to the need to develop and introduce new modern mechanism for resolving individual labor disputes, including pre-trial and non-judicial methods of conflict resolutions.

Features of Prosecutor’s supervision over observing the citizens’ labor rights in the context of the spread of new coronavirus infection (COVID-19)

2021 ◽  
Vol 23 (2) ◽  
pp. 24-27
Author(s):  
NATALYA TROSHINA ◽  
Keyword(s):  
Labor Relations ◽  
Legal Regulation ◽  
Point Of View ◽  
Labor Rights ◽  
Remote Work ◽  
Labor Discipline ◽  
Labor Legislation ◽  
The Supreme Court ◽  
Coronavirus Infection ◽  
The Russian Federation

The author analyzes the problematic aspects of the prosecutor’s supervision over the observance of the labor rights of citizens involved in remote work and the temporary transfer of employees to remote work at the initiative of the employer in exceptional cases. During the spread of coronavirus infection (COVID-19), the legal regulation of teleworking is one of the most important aspects requiring special attention. In practice, remote work is connected with such difficulties as the discipline of workers. In the article, the author gives considerations regarding the workplace of a remote worker, highlights the rules for bringing an employee to disciplinary responsibility, and shows the means of regulating the labor discipline for teleworking employees. The author emphasizes that it is through the efforts of the employer that it is possible to increase the discipline of employees in remote work. The article describes the position of the Supreme Court of the Russian Federation regarding civil claims for reinstatement at work during the period of working remotely. Also, the author analyzes the state of legality in the field of labor relations. The article provides the author’s point of view concerning the application of labor legislation and the implementation of prosecutorial supervision in this field.

LABOR LEGISLATION AS A TOOL FOR ENSURING MIGRATION SAFETY

2019 ◽  
Vol 14 (5) ◽  
pp. 168-195
Author(s):  
LARISA V. ZAITCEVA ◽  
TATYANA V. LUZINA
Keyword(s):  
Labor Force ◽  
Migrant Workers ◽  
Labor Mobility ◽  
Burden Of Proof ◽  
Legal Regulation ◽  
Labor Organization ◽  
International Labor Organization ◽  
Place Of Residence ◽  
Illegal Migrants ◽  
Labor Legislation

The labor legislation may have an impact on the level of migration safety in the country. On the one hand, it provides conditions for improvement of the labor force mobility domestically through the establishment of guarantees and compensations due to relocation to another region. On the other hand, the labor legislation ensures control over legal external labor migration and protects internal labor market against illegal migrants and social damping in respect of labor conditions through the establishment of special diferentiation of legal regulation of labor of foreign citizens and individuals without citizenship.Russia demonstrates a traditionally low level of internal labor mobility, the fact that results in preservation of localization of regional labor markets and prevents from efficient usage of labor force. The main challenges in this area are the matters related to provision of housing for displaced persons which is beyond the scope of regulation by the labor legislation.The legal instruments ensuring the exercise of temporary internal labor mi gra-tion are associated with such forms of labor organization as work on a rotational basis, seasonal work, and outstaffing. Remote working can be roughly attributed to such forms.In the Russian Federation citizens still face an employment problem if they do not have registration at their place of residence. The regulations of the labor legislation on prohibition of discrimination, inter alia, based upon place of residence, availability or lack of registration at one’s place of residence as well as regulations on administrative liability for the respective acts serve as sufficient legal remedies against illegal refusal to recruit. The problems of efficiency of such remedies are to a large extent linked to procedural aspects — dissemination of general rules for the shared burden of proof on disputes on discrimination in labor sector.The issues of external migration are governed primarily by the standards of ad mi nistrative law. The labor legislation regulates labor relationships with the participation of foreign citizens and individuals without citizenship and establishes features for regulation of their labor not forming discrimination. Along with this, there are problems to be resolved. The following can be identified. The regulations of the Labor Code of RF governing features for temporary transfer of foreign employees and the related additional grounds for termination of labor contract bring instability into such labor relationships and provide a context for abuses on the part of employer. Regardless the fact that the legislation doesn’t prohibit remote working for foreign citizens, the Ministry of Labor and Social Security of RF considers it impossible to conclude an employment contract on remote working with a foreign employee residing abroad. Moreover, the Russian legislation doesn’t provide for a possibility to conclude an employment contact in the languages of both parties as stipulated in Guidelines No.86 of the International Labor Organization "On migrant workers" (revised in 1949).It is necessary to continue improving the labor legislation for the purposes of facilitating internal labor mobility, protecting employees against discrimination and malpractices of socio-labor damping.

scholarly journals Peculiarities of Legal Regulation of Non-Discrimination on Gender Basis while Being Employed

2021 ◽  
Vol 81 (2) ◽  
pp. 160-168
Author(s):  
A. V. Kuchko
Keyword(s):  
Labor Market ◽  
Job Search ◽  
Gender Discrimination ◽  
Legal Regulation ◽  
Labor Rights ◽  
Legal Principles ◽  
Current State ◽  
Labor Legislation ◽  
Wide Range ◽  
The Right

The Constitution of Ukraine enshrines and guarantees the right to labor as an opportunity to earn a living by work that a person freely chooses or agrees to. However, the current conditions indicate that the consolidation and guarantee of everyone’s right to labor is not an unconditional evidence of its inviolability, the absence of unjustified restrictions and obstacles to its realization. One of such obstacles to the realization of this right is gender discrimination, which violates the balance of male and female labor at the labor market and creates an imbalance in the harmonious development of labor and closely related relations. In this regard, the author has emphasized the importance of the existence of a wide range of effective legal principles in the national labor legislation for non-discrimination while employment, in particular on the grounds of sex, as well as an effective mechanism for their realization. It has been clarified that the legal regulation of non-discrimination on the grounds of sex while employment is the legal regulation of labor and closely related relations through legal means in order to achieve gender parity, prevention of any manifestations of gender discrimination in the realization of the right to labor by each person and citizen. It has been established that the current state of the development of legislative provisions of Ukraine in the field of employment implies the existence of a certain range of legal principles regulating the prevention of discrimination on the grounds of sex while being employed. The emphasis has been placed on the analysis of certain legal principles of non-discrimination, the effect of which extends to the stage of job search and acquaintance with current vacancies at the labor market. Their legal content has been analyzed and suggestions for their semantic improvement have been provided. It has been determined that an unjustified refusal to be hired should be considered a refusal that is devoid of any motivation or when an employer refuses a candidate for reasons other than his professional and business qualities, or does not take into account a number of special requirements provided by the current legislation. The author has emphasized on the need to create legal conditions for the harmonious combination of the interests of an employee and an employer, which can assist in preventing discrimination and allowштп each party to labor and closely related relations to achieve the desired result in realizing their labor rights and interests.

Features of labor relations in quarantine conditions

2020 ◽  
pp. 52-58
Author(s):  
Lesja Kosmii
Keyword(s):  
Law Enforcement ◽  
Labor Relations ◽  
Practical Importance ◽  
Functional System ◽  
Labor Rights ◽  
Personnel Decisions ◽  
Labor Legislation ◽  
Foreign Countries ◽  
Legislative Framework ◽  
Work Method

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.

The International Labor Organization in the Stag Hunt for Global Labor Rights

2009 ◽  
Vol 3 (2) ◽  
pp. 154-179 ◽  
Author(s):  
Alan Hyde
Keyword(s):  
Game Theory ◽  
Comparative Advantage ◽  
Labor Standards ◽  
Labor Rights ◽  
Labor Organization ◽  
International Labor Organization ◽  
Trading System ◽  
International Labor ◽  
Collective Action Problems ◽  
Theoretical Developments

The International Labor Organization (ILO) is not an effective force for raising labor standards in the developing world and could become considerably more effective by taking account of two of the most important and interrelated recent theoretical developments in understanding labor standards. First, countries derive no comparative advantage in the global trading system from most very low labor standards. The ILO should therefore concentrate its energies on lifting these, rather than (as it so often does) concentrating on labor standards that are a source of comparative advantage, the elimination of which is resisted strongly and effectively. Second, the tools of game theory may be used to identify the collective action problems that prevent countries from lifting their own labor standards, and create a role for a transnational agency that may assist them.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

THE RIGHT TO LOCATE AND PROSPECTS OF ITS LEGAL REGULATION IN UKRAINIAN LEGISLATION

2017 ◽  
Author(s):  
Valeriy Aveskulov ◽  
◽  
Yuliia Deresh ◽  
Albina Romanchuk ◽  
◽  
...  
Keyword(s):  
Working Conditions ◽  
Legal Status ◽  
Protective Action ◽  
Legal Regulation ◽  
Economic Pressure ◽  
Foreign Experience ◽  
Labor Legislation ◽  
Foreign Countries ◽  
European Experience ◽  
The Right

This article is devoted to the study of the right to lockout, the legal status and procedure of which are not regulated in the labor legislation of Ukraine. The article considers the experience of foreign countries and options for legislative consolidation of the right to lockout. It is established that there are two types of lockout - defensive and offensive, the first of which acts as a reaction of the employer to the strike. The offensive does not require such a precondition as a workers' strike and is a means for the employer to impose its working conditions. Based on this, it was determined that most countries allow the employer to resort to such a measure if the lockout is defensive, but the procedure for its implementation contains a number of restrictions. The article analyzes the provisions of the European Social Charter, the Law of Ukraine "On the Procedure for Resolving Collective Labor Disputes (Conflicts)", the Draft Labor Code of Ukraine dated 04.12.2007 № 1108, the Draft Labor Code of Ukraine dated 27.12.2014 № 1658, the Draft Labor Code of Ukraine 08.11.2019 № 2410-1, Draft Labor Code of Ukraine dated 08.11.2019 № 2410, Draft Law on Strikes and Lockouts dated 27.12.2019 № 2682. The article considers the views of domestic scholars on the feasibility of enshrining in Ukrainian law the employer's right to lockout, some of which consider it appropriate to allow the right to lockout as a protective action of the employer in response to workers' strike, but with some restrictions. Other scholars advocate a direct ban, as such an employer's right may violate workers' right to strike. Based on the positions of scientists, foreign experience and analysis of numerous legislative attempts to determine the legal status and procedure of the right to lockout, a variant of its enshrinement in the labor legislation of Ukraine is proposed to balance the rights and interests of employees and employers and avoid economic pressure on employees. The authors consider it appropriate to consolidate the right to lockout if it is defensive, following the example of European experience.

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