scholarly journals General Theoretical Characteristics of the Institution of Disciplinary Liability in Labor Law

2020 ◽  
Vol 90 (3) ◽  
pp. 78-84
Author(s):  
А. Ю. Подорожній
Keyword(s):  
Working Conditions ◽  
Labor Law ◽  
Preventive Measure ◽  
Legal Liability ◽  
The State ◽  
Negative Consequences ◽  
Employment Contract ◽  
Labor Discipline ◽  
State Official ◽  
Enterprise Organization

It has been specified that disciplinary liability should be understood as the employee’s obligation to stand surety to the employer, who is endowed with the disciplinary authority, for his violation of labor discipline in the form of non-performance or improper performance of his labor duties due to the employee and as the result, bear negative consequences provided by labor law. It has been substantiated that the purpose of disciplinary liability has two aspects: the first is to ensure proper discipline in order to ensure the further effective functioning of the enterprise (organization, institution, etc.), and therefore its presence is an important preventive measure of disciplinary offenses’ commission. The second aspect is to apply negative measures to the offender, which, in turn, allows to restore the violated labor (including official) rights, to avoid the negative consequences of the offense and to educate the employee in the spirit of legality and discipline. The main tasks of disciplinary liability include: to ensure the compliance with labor discipline by each employee in performing their duties; to create comfortable working conditions for each employee (state official); to create a favorable, friendly atmosphere in the team; to punish the employee who committed a disciplinary offense; to prevent situations, when an employee may commit a disciplinary offense. It has been argued that the functions of disciplinary liability are: educational, punitive, protective, stimulating, renewing, informative, preventive and staffing. It has been generalized that the essence and content of disciplinary liability as an institution of labor law are as follows: first of all, despite the fact that disciplinary liability, is although a kind of legal liability, it has its own characteristics inherent in labor law; secondly, the employer is not obliged to apply penalties to the violator of labor discipline, such application is his right; thirdly, the employee, in turn, is responsible to the employer and not to the state for non-compliance with labor discipline, i.e. for culpable improper performance of obligations imposed by the employment contract.

scholarly journals Working Conditions at the Enterprises in the Years of the Great Patriotic War (on the Materials of the Vladimir Region)

TECHNOLOGOS ◽  
2021 ◽  
pp. 30-43
Author(s):  
Tryakhov Ilja
Keyword(s):  
Working Conditions ◽  
The State ◽  
Home Front ◽  
Safety Standards ◽  
Labor Discipline ◽  
Employment Conditions ◽  
Vladimir Region ◽  
Great Patriotic War ◽  
Hard Times ◽  
State Archives

The analysis of employment conditions of workers at the enterprises of Vladimir region during the Great Patriotic War (1941-1945) has been presented in the article. Employment conditions in which the workers on home front existed have been considered not only as an act of bravery but as the problem of efficient enterprise functioning in the years of war as well. Predominance of the state and social interests over the interests of individual employee has been paid attention too. The materials of the party funds of Vladimir region city committees stored in the State Archives of the Vladimir Region (GAVO) has become the source base of the article. In addition, the memoirs of workers on home front about their personal experience during the hard times of war are significant sources. The study identifies the most important and frequent difficulties which took place at the enterprises of the region under consideration. The author highlights the poor adherence to safety standards, unsatisfactory working conditions in the shops (low temperatures, lack of amenities, unsanitary conditions, lack of overalls and footwear) as the problems faced by workers of factories. In addition, there was an irrational use of existing employees, inadequate nutrition, conflicts between individual employees and their immediate superiors. The latter often led to the execution of cases against workers for violations of labor discipline in accordance with the decrees of June 26, 1940 and December 26, 1941. As a result of the analysis of wartime documents the author comes to the conclusion that a number of problems that workers of factories of the studied region faced with during the war years were constantly unresolved. Despite the ongoing war human conflicts have not disappeared, the clarification of which for some administrators was more important than the successful functioning of the area of work entrusted to them. This resulted in cases of illegal persecution of workers for alleged violations of labor discipline, which did not increase the authority of the enterprise administration.

scholarly journals ЩОДО ПРОБЛЕМИ ПРАВОВОГО РЕГУЛЮВАННЯ ВІДСТОРОНЕННЯ ПРАЦІВНИКА ВІД РОБОТИ

2019 ◽  
pp. 48-55
Author(s):  
М. Д. Ждан
Keyword(s):  
Labor Law ◽  
Intermediate Stage ◽  
Scientific Article ◽  
Legal Capacity ◽  
Employment Contract ◽  
Law System ◽  
Labor Discipline ◽  
Single Well ◽  
The Right

The purpose of the scientific article is to determine the purpose of dismissal of the employee and the reasons for such removal. It is proved that today neither current legislation, nor jurisprudence, nor science contain a single well-considered vision of the place of exclusion in the labor law system. It is noted that termination of work is always an intermediate stage, which will end either with the renewal of the employment contract and return to previous work, or with the change of the employment contract, or, even, its termination. It is substantiated that, upon dismissal from work, the main purpose is to protect the interests of the owner and employees, as well as to prevent possible violations of the rules of labor and labor discipline. Based on the analysis of the current legislation, it has been found that there are a lot of entities that have the right to initiate dismissal. By organizing data on the legal capacity of subjects to initiate dismissal, they are divided into three groups: a) entities that make the decision to dismiss and implement it; b) those requiring mandatory dismissal; c) those who raise the issue of dismissal. It is proposed to supplement the current legislation with a new reason for dismissal of an employee.

scholarly journals Telework and Social Services in Spain during the COVID-19 Pandemic

2021 ◽  
Vol 18 (2) ◽  
pp. 725
Author(s):  
Aleix Morilla-Luchena ◽  
Rocío Muñoz-Moreno ◽  
Alfonso Chaves-Montero ◽  
Octavio Vázquez-Aguado
Keyword(s):  
Social Services ◽  
Working Conditions ◽  
Social Service ◽  
The State ◽  
The Other ◽  
Negative Consequences ◽  
Face To Face ◽  
Other Hand

This paper analyses teleworking in social services during the state of alarm caused by the COVID-19 pandemic in Spain. It has a double objective: To analyse the profile of the professional who teleworked in social services and, on the other hand, to analyse the perception of teleworkers of working conditions during this period, as well as the degree to which they have been affected by them depending on whether they work face-to-face or telematically. To this end, a questionnaire was administered to Spanish social service professionals working, obtaining a sample of 560 professionals in the sector. The profile obtained in relation to teleworking may be especially useful when considering the progressive incorporation of more non-presential activity in social services, and the results show that, although teleworking has been perceived as an efficient way of overcoming the limitations to face-to-face work arising from the pandemic, both the positive and negative consequences of the implementation of this modality of work should be carefully assessed.

The results of the study of the workers’ health according to the survey

2020 ◽  
pp. 793-793
Author(s):  
M. A. Fesenko ◽  
E. V. Zueva ◽  
E. V. Fedorova
Keyword(s):  
Medical Research ◽  
Working Conditions ◽  
Intermediate Stage ◽  
The State

The possibility of using the survey as an intermediate stage of assessing the state of working conditions and health of workers. It is concluded that this method is not applicable as an independent device but can be used with other methods of medical research.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

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.

scholarly journals Health Status of Healthcare Professionals Working in an Institute for Chronically Ill Psychiatric Patients

2015 ◽  
Vol 66 (1) ◽  
pp. 43-52
Author(s):  
Katalin Nagyváradi ◽  
Zsuzsa Mátrai
Keyword(s):  
Health Status ◽  
Working Conditions ◽  
Healthcare Professionals ◽  
Psychiatric Patients ◽  
Chronically Ill ◽  
Subjective Health ◽  
The State ◽  
State Of Health ◽  
Subjective Health Status ◽  
Objective Health

AbstractSeveral research works in the related international literature on sociology and health sciences deal with the state of health in one selected population. In these studies, the chosen sample is often connected with special jobs, especially with healthcare professionals and their working conditions. These studies predominantly examine the self-rated subjective health status using questionnaires. There are others that assess the state of health based not only on self-rated subjective indicators, but also using objective data gained by measuring. Considering the international experiences, we chose a special population in our research – healthcare professionals working in an institute for chronically ill psychiatric patients. Our choice was influenced by the fact that we wanted to include their unique working conditions when exploring and assessing their health status. Moreover, our approach was to assess the objective state of health alongside the subjective factors, as our hypothesis was that the majority of the indicators presumably coincided. The data were collected with the help of three questionnaires and some indicators of the objective health statuses were measured. The findings were processed using the SPSS 17.0 mathematical-statistical software package. Following the descriptive statistics, we applied hierarchic cluster-analysis based on results of the WHOQOLD-BREF26 life-quality questionnaire, the WHO WBI-5 Well Being Index, and on the body composition analysis. The results show the objective and subjective health status of population and the factors that influenced it; the working conditions and the interpersonal contacts in the workplace. The conclusion was that in the examined population the subjective and objective health status doesn’t coincide.

scholarly journals Professionalisation of early childhood education and care practitioners: Working conditions in Ireland

2021 ◽  
pp. 146394912110101
Author(s):  
Geraldine Mooney Simmie ◽  
Dawn Murphy
Keyword(s):  
Early Childhood ◽  
Women Workers ◽  
Early Childhood Education ◽  
Performance Management ◽  
Working Conditions ◽  
The State ◽  
Developmental Needs ◽  
Childhood Education ◽  
Care Workers ◽  
Education And Care

The last decade has revealed a global (re)configuring of the relationships between the state, society and educational settings in the direction of systems of performance management. In this article, the authors conduct a critical feminist inquiry into this changing relationship in relation to the professionalisation of early childhood education and care practitioners in Ireland, with a focus on dilemmatic contradictions between the policy reform ensemble and practitioners’ reported working conditions in a doctoral study. The critique draws from the politics of power and education, and gendered and classed subjectivities, and allows the authors to theorise early childhood education and care professionalisation in alternative emancipatory ways for democratic pedagogy rather than a limited performativity. The findings reveal the state (re)configured as a central command centre with an over-reliance on surveillance, alongside deficits of responsibility for public interest values in relation to the working conditions of early childhood education and care workers, who are mostly part-time ‘pink-collar’ women workers in precarious roles. The study has implications that go beyond Ireland for the professionalisation of early childhood education and care workers and meeting the early developmental needs of young children.

Mobilized Yet Contained: Popular Women, Feminisms, and Organizing around Venezuela’s 2012 Organic Labor Law

2021 ◽  
pp. 0094582X2110130
Author(s):  
Rachel Elfenbein
Keyword(s):  
Division Of Labor ◽  
Labor Law ◽  
The State ◽  
Political Field ◽  
Gendered Division Of Labor ◽  
Women's Organizing ◽  
State Adoption ◽  
Las Mujeres ◽  
The Revolution

Venezuela’s state-led national-popular Bolivarian process opened up a new political field for feminism—an approach that was both institutional and popular, aiming to combine forces from above and from below and use state gender institutions to foment popular women’s organization. Yet this field was conflictual, containing contesting popular feminist projects with different implications for the gendered division of labor. Analysis of popular women’s organizing around Venezuela’s 2012 organic labor law shows that state adoption of feminism marked a gendered political opening for popularizing feminism while also presenting risks of state co-optation of popular women’s organizing. The state understood popular women’s organization and mobilization as central to the revolution, yet it generally attempted to limit their autonomy and organizing to challenge the gendered division of labor. El bolivarianismo nacional-popular liderado por el estado venezolano abrió un nuevo campo político para el feminismo: un enfoque que era tanto institucional como popular y cuyo objetivo era combinar fuerzas tanto de arriba como de abajo, así como utilizar las instituciones estatales de género para fomentar las organizaciones populares de mujeres. Sin embargo, este campo resultó conflictivo, y parte de su contenido impugnaba proyectos feministas populares con diferentes implicaciones para las divisiones de género en el trabajo. El análisis de la organización popular de las mujeres en torno a la ley orgánica del trabajo de Venezuela de 2012 muestra que la adopción estatal del feminismo marcó una apertura política de género con intenciones de popularizar el feminismo a la vez que presentaba el riesgo de que la organización popular de las mujeres fuera cooptada por el estado. El estado consideraba la organización y movilización popular de las mujeres como esenciales a la revolución. Sin embargo y hablando generalmente, se abocó a limitar su autonomía y organización cuando se trataba de desafiar las divisiones de género en el trabajo.

scholarly journals Adolescent impulsiveness and use of alcohol and tobacco

2015 ◽  
Vol 5 (3) ◽  
pp. 371-382
Author(s):  
Mª del Carmen Pérez-Fuentes ◽  
José J. Gázquez ◽  
Mª del Mar Molero ◽  
Fernando Cardila ◽  
África Martos ◽  
...  
Keyword(s):  
Risk Factor ◽  
Drug Use ◽  
Detailed Analysis ◽  
Intervention Program ◽  
Ad Hoc ◽  
Demographic Characteristics ◽  
The State ◽  
Negative Consequences ◽  
Frequency Of Use ◽  
The Relationship

Adolescence is characterized by premature experimentation with new experiences and sensations. These experiences sometimes include drugs, which even though legal and socially accepted, begin to have noticeable negative consequences to the adolescent’s development. In recent years, a decrease in use of tobacco by Spanish adolescents has been observed, but not in alcohol. One of the causes of initiation in drug use is impulsive personality or behavior. Thus the purpose of this study was to analyze the relationship between impulsiveness and frequency of use of alcohol and tobacco in 822 students aged 13 to 18 years of age. The State Impulsivity Scale (SIS) and an ad hoc questionnaire on demographic characteristics and use of alcohol and tobacco were used for this. The results showed that students who stated they were users scored significantly higher on impulsivity. Thus detailed analysis of the profile of individuals with this risk factor could favor more adequate intervention program design.

Atomization of Liquids by Means of a Rotating Cup

1950 ◽  
Vol 17 (2) ◽  
pp. 145-153 ◽  
Author(s):  
J. O. Hinze ◽  
H. Milborn
Keyword(s):  
Working Conditions ◽  
Drop Size ◽  
Film Formation ◽  
Angular Speed ◽  
The State ◽  
Experimental Results ◽  
Drop Formation ◽  
Dimensionless Groups ◽  
Different Types ◽  
Centrifugal Action

Abstract Liquid, supplied through a stationary tube to the inner part of a rotating cup widening toward a brim, flows viscously in a thin layer toward this brim and is then flung off, all by centrifugal action. The flow within this layer and the disintegration phenomena occurring beyond the brim have been studied, experimentally as well as theoretically. A formula has been derived for the thickness and for the radial velocity of the liquid layer within the cup, which proved to agree reasonably well with experimental results. Three essentially different types of disintegration may take place around and beyond the edge of the cup designated, respectively, by: (a) the state of direct drop formation; (b) the state of ligament formation; and (c) the state of film formation. Which one of these is realized depends upon working conditions. Transition from state (a) into (b), or of state (b) into state (c) is promoted by an increased quantity of supply, an increased angular speed, a decreased diameter of the cup, an increased density, an increased viscosity, and a decreased surface tension of the liquid. The experimental results have been expressed in relationships between relevant dimensionless groups. For the state of ligament formation a semiempirical relationship has been derived between the number of ligaments and dimensionless groups determining the working conditions of the cup. Results of drop-size measurements made for the state of ligament formation as well as for the state of film formation show that atomization by mere rotation of the cup is much more uniform than commonly achieved with pressure atomizers.

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