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.

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.

scholarly journals Trabalho digno para quem? Sobre a formalização do trabalho precário no Brasil / Decent work for whom? About the formalization of precarious work in Brazil

2020 ◽  
Vol 4 (4) ◽  
pp. 580-586
Author(s):  
Marina Batista Chaves Azevedo de Souza ◽  
Viviane Fonseca Santos ◽  
Daniela Da Silva Rodrigues
Keyword(s):  
Labor Relations ◽  
Health And Safety ◽  
Labor Rights ◽  
Decent Work ◽  
Labor Laws ◽  
Precarious Work ◽  
Role Of The State ◽  
Labor Legislation ◽  
The Government

A arte desenhada sobre papel simboliza os trabalhadores e as trabalhadoras, e suas constantes lutas sociais pela manutenção dos direitos trabalhistas no Brasil, conquistados na década de 1943, com a Consolidação das Leis Trabalhistas (CLT). Trata-se de um estatuto de Normas Regulamentadoras - NR de relações individuais e coletivas de trabalho para aqueles contratados formalmente com vínculo empregatício. Em 2017, o Governo aprova a Lei nº 13.467, reconhecida como Reforma Trabalhista, a qual exclui mais de cem artigos da CLT, reduz direitos e o papel do Estado em relação à proteção da dignidade do trabalhador. Posteriormente, a classe trabalhadora sofreu novo impacto em 2019, momento em que o Governo Federal promoveu a extinção do Ministério do Trabalho e Emprego (MTE), órgão responsável pela fiscalização e regulamentação das relações de trabalho no país. Isso gerou o fracionamento das atribuições das Leis de trabalho em três pastas ministeriais, fragilizando ainda mais as normas trabalhistas, dificultando a interlocução entre o trabalhador e empregadores e formalizando a precarização do trabalho. Nesse sentido, a imagem representa os desmontes que o trabalhador vem sofrendo, ao longo dos anos, em relação à legislação e aos direitos trabalhistas, mas também à saúde e à previdência social. A flexibilização das relações no ambiente laboral revela uma nova configuração do mundo do trabalho, uma realidade ainda mais perversa, pautada em um discurso neoliberalista de "menos direitos e mais liberdade para o trabalhador", porém, que carrega como consequências a redução do emprego digno, de saúde e segurança para os trabalhadores brasileiros. AbstractThe art drawn on paper symbolizes the workers and their constant social struggles for the maintenance of labor rights in Brazil, conquered in the 1943s by the Consolidation of Labor Laws (CLT). The CLT is a statute of the Regulatory Norms - NR about individual and collective labor relations for those formally hired with an employment relationship. In the year of 2017, the Government approved the Law 13.467 that implemented a Labor Reform, which excludes more than one hundred articles from CLT reducing many workers rights and the role of the State regarding the protection and dignity of the workers. Subsequently, the working class suffered a new impact in the year of 2019, when the Federal Government extinguished the Ministry of Labor and Employment (MTE), the institution responsible to monitor and regulate labor relations in Brazil. This fact caused a division of the attributions of the Labor Laws into Three Ministerial Portfolios, further weakening labor standards making it more difficult for workers and employers to communicate with each other, formalizing precarious work. Thus, this image represents the problems workers has been suffering, over the years, due to the lack of labor rights, health and social security. The flexibilization of labor relations reveals a new configuration for the labor society and provides an even more perverse reality based on a neoliberalist discourse that propagates the idea of "less rights and more freedom for the workers", reducing decent employment, health and safety for Brazilian workers.Keywords: Labor Legislation; Occupational Health; Occupational Therapy; Precarious Employment; Work. ResumenEl arte dibujado en papel simboliza a los trabajadores masculinos y femeninos, y sus constantes luchas sociales para el mantenimiento de los derechos laborales en Brasil, logrados en la década de 1943, con la Consolidación de las Leyes Laborales (CLT). Este es un estatuto de Normas Reguladoras - NR de relaciones trabajo individual y colectivo para aquellos formalmente contratados. En 2017, el Gobierno aprobó la Ley 13.467, reconocida como Reforma Laboral, que excluye más de cien artículos del CLT, reduce los derechos y el papel del Estado en relación con la protección de la dignidad de los trabajadores. Posteriormente, la clase trabajadora sufrió un nuevo impacto en 2019, cuando el Gobierno Federal promovió la extinción del Ministerio de Trabajo y Empleo (MTE), el organismo responsable de la inspección y regulación de las relaciones laborales en el país. Esto condujo a la división de las atribuciones de las leyes laborales en tres carteras ministeriales, debilitando aún más las normas laborales, dificultando la comunicación entre trabajadores y empleadores y formalizando el trabajo precario. En este sentido, la imagen representa el desmantelamiento que el trabajador ha estado sufriendo, a lo largo de los años, en relación con la legislación y los derechos laborales, pero también con la salud y la seguridad social. La flexibilización de las relaciones en el entorno laboral revela una nueva configuración del mundo del trabajo, una realidad aún más perversa, basada en un discurso neoliberalista de "menos derechos y más libertad para el trabajador", pero con la consecuencia de reducir el empleo decente, salud y seguridad para los trabajadores brasileños.Palabras clave: Empleo Precario; Legislación Laboral; Salud Laboral; Terapia Ocupacional; Trabajo.      

scholarly journals The Potential of Criminal Law in Protecting Labor Rights of Citizens (Using the Example of Article 136 of the Criminal Code of the Russian Federation)

2018 ◽  
Vol 12 (6) ◽  
pp. 836-844
Author(s):  
Michail Sagandykov ◽  
Galia Shafikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Theoretical Research ◽  
Labor Rights ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The One ◽  
Criminal Legislation

The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.

Russian Labor Law: System-Related Problems in its History and Modernity

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Николай Демидов ◽  
Nikolay Demidov
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Law System ◽  
Labor Legislation ◽  
Government Supervision ◽  
Hired Labor ◽  
The Right ◽  
High Degree

The article analyzes system-related contradictions inherent to the development of the Russian labor law branch in XIX—XX. By means of historical-legal, comparative, dialectic methods the author investigates the roots of modern problems in law-making and law enforcement in legal regulation of hired labor relations. The author reveals negative factors in the development of the labor legislation, that are common for Russia and world leading countries. Among main evolutional problems in labor law, the author considers excessive centralization, a high degree of the right enforcement formalization, susceptibility of the branch to political environment, an important role of non-legal regulators of labor relations, low development level of security arrangements for labor rights, inadequate government supervision, a division of employees and employers’ interests, that is not always correct. The author draws the conclusion about the implicit, objective nature of the described defects and notes an essential impossibility to overcome them.

scholarly journals Anti-corruption compliance in labor relations in the lightof digitalization and achieving sustainable development: an economic and legal examination

2021 ◽  
Vol 3 (95) ◽  
pp. 102-118
Author(s):  
Liliia Amelicheva ◽  
Keyword(s):  
Sustainable Development ◽  
Public Relations ◽  
Labor Economics ◽  
Labor Relations ◽  
Methodological Approach ◽  
Labor Law ◽  
Labor Rights ◽  
Negative Stereotypes ◽  
Labor Legislation ◽  
The Impact

In the process of achieving Sustainable Development Goals by Ukraine and building Industry 4.0 here, which is accompanied by a global digital transformation (digitalization) of all public spheres of activity, such a multifunctional and multidimensional phenomenon as corruption is now a serious threat to all public relations, among which labor relations are no exception. It causes a decrease in the level of labor productivity of active employers due to manifestations of stigma, mobbing, bullying, primarily in relation to employees who expose corruption, etc. The purpose of the study is to clarify the content of one of the main elements of compliance in labor relations – anti-corruption compliance – using a synergetic approach characterized by a combination of labor law and labor economics, as well as to highlight the problems of regulating these relations and develop proposals for improving the current anti-corruption legislation in the field of labor in the light of digitalization of Ukraine and achieving sustainable development herein. The object of the study is the labor relations to ensure and support anti-corruption compliance at enterprises and the system of anti-corruption legislation, including in the field of labor, in Ukraine and abroad, which regulates these relations. The main methodological approach to the study of the chosen topic is synergetic, characterized by a combination of labor law and labor economics. The results of the study in the most generalized form justify the lack of certainty and little investigation of the legal and economic nature of such categories as "compliance" and "anti-corruption compliance", which have not yet become generally accepted for the conceptual apparatus of labor economics and, to a greater extent, labor legislation. Based on the theory of labor legislation and labor economics, the article describes anti-corruption compliance in labor relations as a condition of labor and a condition of an employment contract. The problematic issues of the implementation and regulation of labor relations in the field of anti-corruption compliance are identified: a low level of positive perception of the implementation of anti-corruption compliance policy in labor relations by the management of active enterprises; the existence of negative stereotypes in relation to employees who expose corruption; the lack of a clear methodology for measuring the level of digitalization of state processes today, which hinders the study of the impact of digitalization on strengthening the anti-corruption fight. In order to solve these problematic issues, it is proposed to supplement section X "Labor discipline" of the Labor Code of Ukraine, which regulates the internal labor regulations at an enterprise, institution or organization, with norms on new labor rights and obligations of the parties to labor relations that are directly related to combating corruption.

scholarly journals ON CERTAIN PROBLEMS OF CONFERMENT OF THE TITLE «LABOR VETERAN»: ANALYSIS OF LEGISLATION AND LAW ENFORCEMENT PRACTICE

2020 ◽  
Vol 6 (4) ◽  
pp. 38-42
Author(s):  
A. A. Elaev
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Russian Federation ◽  
Labor Relations ◽  
Labor Rights ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
Long Time ◽  
The Russian Federation ◽  
The Right

The right to free work and choice of activity is enshrined in the Constitution of the Russian Federation. At the same time, ensuring and protecting the labor rights of citizens is one of the main categories of the rule of law. The legislation of the Russian Federation regulating labor relations is aimed at encouraging a conscientious attitude to work for a long time, and one of these types of encouragement is the title Veteran of labor. However, in practice, quite often there are certain difficulties that arise due to departmental and regional rulemaking. The article attempts to analyze the current situation based on judicial practice.

scholarly journals Abuse of rights as an unlawful implementation of labor law

1970 ◽  
pp. 164-168
Author(s):  
Yana Simutina
Keyword(s):  
Trade Unions ◽  
Labor Relations ◽  
Labor Law ◽  
Good Faith ◽  
Labor Rights ◽  
Employment Contracts ◽  
Employment Contract ◽  
Labor Legislation ◽  
Legitimate Interests ◽  
Abuse Of Law

The article studies the problem of abuse of law in the context of the implementation of labor law. In this context, the abuse of labor rights should be understood as a special type of legal behavior consisting in the exercise by subjects of labor relations of their rights in an inappropriate way, that contradicts the purpose and principles of the branch of labor law, as a result of which legitimate interests are ignored and other subject of labor relations can be harmed. The concept of "abuse of rights" is closely linked to the principle of integrity. In exercising their rights and performing their duties, the subjects of the employment relationship must act in good faith. The principle of good faith in labor law should characterize the aspirations of the subjects in a proper and honest manner to exercise the granted labor rights and to fulfill their obligations. Specific forms of abuse of rights by employees are: 1) concealment of temporary disability; late notification of temporary disability at the time of dismissal; 2) concealing information about pregnancy; 3) concealing the fact of disability; 4) deliberate task of material harm to the employer by unfair acts - termination of the employment contract at will, and then appeal of dismissal; 5) deliberate delay in obtaining a work book or settlement upon dismissal and the like. Employers resort to abuse of rights mainly in the following cases: 1) when dismissing an employee; 2) when fulfilling the duties of creating an employee the necessary conditions for performing the work function; 3) in case of repeated renegotiation of fixed-term employment contracts with an employee; 4) when giving an employee guarantees in case of termination of the employment contract stipulated by the labor legislation, etc. It is proved that one of the main directions of further improvement of labor legislation is the need to establish the principle of good faith and the inadmissibility of abuse of law as one of the branch in the science of labor law, which should apply to all subjects of labor and related relations - workers, employers, trade unions, associations of employers.

scholarly journals REFORMAS TRABALHISTAS E SEUS MERCADOS: uma comparação Brasil-França

Caderno CRH ◽  
2019 ◽  
Vol 32 (86) ◽  
pp. 307
Author(s):  
Adalberto Moreira Cardoso ◽  
Christian Azaïs
Keyword(s):  
Economic Growth ◽  
Key Words ◽  
Working Conditions ◽  
Labor Relations ◽  
Job Creation ◽  
Labor Rights ◽  
International Division ◽  
Global Competitiveness ◽  
Labor Legislation ◽  
Conditions De Travail

<p><span>As reformas recentes na legislação trabalhista de Brasil e França abriram uma porta para a comparação. A rationale que as presidiu tem inspiração comum: a flexibilização das formas de uso do trabalho em países nos quais a legislação era reputada muito rígida, dificultando o ajuste das empresas às mudanças constantes na competitividade mundial. Embora Brasil e França ocupem lugares muito distintos na divisão internacional do trabalho, e sofram pressões competitivas também distintas, os motivos alegados pelos reformadores dos dois lados são espantosamente semelhantes. Modernização das relações de trabalho, geração de empregos (e combate ao desemprego), crescimento econômico, melhoria da renda dos trabalhadores e das condições de trabalho. Mas a promessa de segurança socioeconômica vem acompanhada de formas de regulação que geram, na verdade, insegurança no emprego, na renda e nos direitos trabalhistas. O estudo procura avaliar algumas dimensões dessa insegurança, comparando os dois países em torno da noção de “precariedade”.</span></p><p> </p><div><p class="trans-title"><strong>LABOR REFORMS AND THEIR MARKETS: a comparison Brazil-France</strong></p><p>Recent reforms in labor legislation in Brazil and France have opened a door for comparison. The rationale behind them has a common inspiration: flexibilization of forms of labor use in countries where legislation was considered very rigid, making it difficult for companies to adjust to constant changes in global competitiveness. Although Brazil and France occupy very different places in the international division of labor, and face different competitive pressures, the motivation of the reformers on both sides are strikingly similar. Modernization of labor relations, job creation, reduction of unemployment, economic growth, improvement of workers’ income and working conditions. But the promise of socioeconomic security is accompanied by forms of regulation that actually generate insecurity in employment, income, and labor rights. The study tries to evaluate some dimensions of this insecurity, comparing the two countries around the notion of “precariousness”.</p><p><strong>Key words: </strong>Brazil; France; Labor reform; Socioeconomic insecurity; Precariousness</p><p class="trans-title"><strong><br /></strong></p></div><div><p class="trans-title"><strong>LES REFORM</strong><strong>ES DU TRAVAIL ET LEURS MARCHES: une comparaison Brésil-France</strong></p></div><p>Les réformes récentes de la législation du travail au Brésil et en France ont ouvert une porte à la comparaison. Elles sont inspirées par une logique commune : la flexibilisation des formes d’utilisation de la main-d’œuvre dans des pays où la législation était considérée comme très rigide, empêchant les entreprises de s’adapter aux changements de la compétitivité mondiale. Bien que le Brésil et la France occupent des positions très distinctes dans la division internationale du travail avec des pressions concurrentielles différentes, les motivations des réformateurs des deux côtés sont remarquablement similaires. Modernisation des relations de travail, création d’emplois (et lutte contre le chômage), croissance économique, amélioration du revenu et des conditions de travail des travailleurs. Mais la promesse de sécurité socio-économique s’accompagne de formes de régulation qui génèrent effectivement une insécurité en matière d’emploi, de revenu et de droits du travail. L’étude évalue certaines dimensions de cette insécurité en comparant les deux pays autour de la notion de “précarité”.</p><p><strong>Key words: </strong>Brésil; France; Réforme du travail; Insécurité socioéconomique; Précarité</p><p><span><br /></span></p>

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.

Foreign experience of judicial control over the enforcement of decisions in civil judiciary

2021 ◽  
pp. 127-132
Author(s):  
Ihor Zhukevych
Keyword(s):  
Law Enforcement ◽  
Functional System ◽  
Practical Significance ◽  
Practical Implementation ◽  
Judicial Control ◽  
Foreign Experience ◽  
Civil Process ◽  
Foreign Countries ◽  
Civil Proceedings ◽  
Logical Semantic

Purpose. The aim of the work is to analyze judicial control over the implementation of decisions in civil proceedings of foreign countries, to identify the mechanism of judicial control over the implementation of decisions in civil proceedings, to determine the most effective measures to implement foreign judicial control in civil proceedings of Ukraine. Method. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material of judicial control in foreign countries and the formulation of relevant conclusions and recommendations for its further practical implementation in civil proceedings in Ukraine. The following methods of scientific cognition were used during the research: terminological, logical-semantic, functional, system-structural, logical-normative. Results. In the course of the study it was recognized that judicial control in Ukraine is applied only in the case of appeals against decisions, acts and omissions of executors. Despite its formal consolidation, it will be effective in the case of the introduction of a real mechanism of its application, taking into account the positive experience of foreign countries. Scientific novelty. In the course of the research it was established that updating of theoretical and methodological bases of introduction of judicial control over execution of decisions in civil proceedings of Ukraine should take into account positive foreign experience of its functioning in the following countries: England, USA, Poland, Germany, France. decisions are an integral part of the activities of the judiciary. Practical significance. The results of the study can be used in lawmaking and law enforcement activities during the judicial control in the civil process of Ukraine.

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