scholarly journals Covid pandemic and amendments to Employment law in Ukraine and Europe

2021 ◽  
Vol 10 (39) ◽  
pp. 178-185
Author(s):  
Igor Volodymyrovych Кudriavtsev ◽  
Liubov Vyacheslavna Kotova ◽  
Olena Serhiivna Arsentieva
Keyword(s):  
Migrant Workers ◽  
Social Protection ◽  
Social Care ◽  
Legal Regulation ◽  
Employment Law ◽  
Aid Workers ◽  
Health Issues ◽  
Labour Relations ◽  
Government Aid ◽  
Modern System

The COVID ‑ 19 coronavirus pandemic has demonstrated the unwillingness of many spheres of public life to respond adequately to critical situations. And first, it concerned the legal regulation of labour relations, which has undergone quite fundamental changes, which today form a new, more modern system of functioning of the labour market. Businesses may indeed violate employees' rights and protection from completely unwarranted resignation and even to gain adequate justice and national government aid. Workers with informal employment agreements, and limited access to healthcare and social protection before the pandemic, are particularly at risk now. The present research paper describes the relevant questions in Employment law, which relate to the Covid-19 pandemic in Ukraine and Europe. Some workers’ right to engage in work may disproportionately suffer due to the restrictions in place. These include parents of young children and single parent families, employees with health issues and disabilities, and migrant workers transported to work in agriculture or to provide social care. There is also concern about fair and just working conditions. This paper aims to answer the main questions connected with the Employment law in Covid time by conducting a literature review covering legal amendments to national and international legislations and examining the foreign practice related to employees’ rights connected with the labour restrictions in the time of pandemic.

scholarly journals INTERNATIONAL LEGAL REGULATION OF MIGRANT WORKERS LABOR

2019 ◽  
pp. 26-31
Author(s):  
O. Pohorielova
Keyword(s):  
Migrant Workers ◽  
Social Protection ◽  
Migrant Worker ◽  
Legal Regulation ◽  
Labor Migrants ◽  
Scientific Methods ◽  
Security Issues ◽  
Legal Standards ◽  
Analysis And Synthesis ◽  
International Conventions

Currently, in Ukraine there is increase of process of labour migration of Ukrainian citizens abroad. In connection with what there is necessity of proper regulation of labour activity of migrant workers, implementation of measures to comply with international legal standards in the field of labour, implementation of measures regarding increase of the level of social protection of Ukrainian citizens traveling abroad and in case of their return from abroad. The methodology is based on the general scientific dialectical method of cognition. Also, number of scientific methods were used. Legal regulation of labor migrants from Ukraine abroad was considered due to methods of analysis and synthesis. The directions of improving legal regulation of labor and social protection of migrant workers were identified by using structural and logical methods. Forms and methods of formal logic were widely used in the work: concepts, definitions, proofs, judgments, analogy, comparisons, generalizations, et The aim of the article is to explore the mechanism of legal regulation of labour of migrants workers and identify ways of increase the level of social protection of Ukrainian citizens who are migrants workers. To achieve the goal the author analyzed the most important international legal acts that regulate legal migration. In the article the concept of migrant worker was analyzed and identified what kind of migrants is included to migrant worker. Particular attention is paid to analyses of bilateral agreements concluded by Ukraine with other countries on the employment and social protection of migrants. Content was determined of the employment contract and its role in regulating the legal relations of migrant workers with foreign employers. The basic guarantees of social protection of migrant. In the article the author determined the necessity Ukraine joins to the main international conventions that regulate labor migration issues, the provisions of which should be the basis for the legal regulation of labor migrants' activity and ensuring their rights are respected. The necessity to conclude bilateral interstate agreements on regulating the employment processes of Ukrainian citizens abroad, guarantees that arise in the course of labor activity of migrant workers and social security issues, was determined. First of all, such agreements should be concluded with the countries with the highest number of migrant workers.

scholarly journals THE ENDURING VULNERABILITY OF MIGRANT DOMESTIC WORKERS IN EUROPE

2013 ◽  
Vol 62 (3) ◽  
pp. 599-627 ◽  
Author(s):  
Clíodhna Murphy
Keyword(s):  
International Law ◽  
Migrant Workers ◽  
Domestic Workers ◽  
Employment Law ◽  
The United Kingdom ◽  
Regulatory Frameworks ◽  
Labour Standards ◽  
And Migration ◽  
Migration Law ◽  
Migrant Domestic Workers

AbstractWhile the rights of domestic workers are expanding in international law, including through the adoption of the ILO Domestic Workers Convention in 2011, migrant domestic workers remain particularly vulnerable to employment-related abuse and exploitation. This article explores the intersection of the employment law and migration law regimes applicable to migrant domestic workers in the United Kingdom, France and Ireland. The article suggests that the precarious immigration status of many migrant domestic workers renders employment protections, such as they exist in each jurisdiction, largely illusory in practice for this group of workers. The labour standards contained in the Domestic Workers Convention, together with the recommendations of the UN Committee on Migrant Workers on the features of an appropriate immigration regime for migrant domestic workers, are identified as providing an alternative normative model for national regulatory frameworks.

Attitude of Individuals First Entering Labour Market to the Implementation of Equality of Treatment Principle in Labour Relations

2021 ◽  
Vol 13 (2) ◽  
pp. 3-4
Author(s):  
Eglė Štareikė ◽  
Ugnė Alaburdaitė
Keyword(s):  
Labour Market ◽  
Gender Equality ◽  
Gender Inequality ◽  
Professional Practice ◽  
Legal Regulation ◽  
Natural Phenomenon ◽  
Public Security ◽  
Labour Relations ◽  
Treatment Principle ◽  
Scientific Doctrine

By invoking scientific doctrine, legal regulations and official statistics, the paper aims at assessing the actual position of females and males in labour relations in Lithuania as well as identifying the problems of the legal regulation of gender equality. The survey conducted among MRU Public Security Academy students was dedicated to disclosing the perceptions of individuals first entering the labour market about (in)equality in labour relations and experiences in the course of professional practice. To attain these objectives, certain goals were set: analysis of multiple layers of the concept of equality, legal regulation of the principle of gender equality and its inclusion in labour relations and statutory service. Furthermore, the present paper considered various trends and patterns in the implementation of the gender equality principle in labour relations, based on the analysis of the data of the Office of the Equal Opportunities Ombudsperson. Empirical research was carried out to assess the experience of students who had their professional practice in police headquarters in terms of gender inequality. Based on the performed survey that involved the students of MRU Public Security Academy, it should be concluded that the majority of students did not understand the different behaviours that could violate an individual’s rights in terms of the equality of men and women. When responding to certain questions, the majority of respondents indicated that gender inequality in Lithuania existed only to the extent it occurred naturally; however, when responding to other questions, the majority stated that there were numerous situations during their practice when they experienced discrimination (i.e. preferential treatment of one of the genders, abuse due to gender etc.). This can lead to the conclusion that violations of gender equality committed on certain grounds are perceived as a natural phenomenon resulting from natural differences between the sexes and because of this, certain flawed behaviour is justified. This results in fewer opportunities for individuals to report violations to responsible institutions and thus ensure the protection of their rights as well as to share their experiences with other individuals and, as a result, educate them.

Salary optimisation in Ukraine in the context of the economy Europeanisation

2021 ◽  
Vol 28 (3) ◽  
pp. 224-237
Author(s):  
Oleg M. Yaroshenko ◽  
Оlena Ye. Lutsenko ◽  
Natalya M. Vapnyarchuk
Keyword(s):  
Law Enforcement ◽  
European Integration ◽  
Legal Regulation ◽  
Economic Life ◽  
Scientific Result ◽  
Labour Relations ◽  
Foreign Companies ◽  
Social Interests ◽  
Labour Legislation ◽  
Subjective Rights

In the context of active legislative prospects of the labour legislation of Ukraine in the aspect of their European integration, there are issues of developing and implementing effective remuneration systems and optimising them, which should be aimed at solving the problems of developing the Ukrainian economy, ensuring a combination of economic and social interests and goals of individual employees and managers of enterprises. This requires the application of new approaches to the organisation of wages, considering the specifics of enterprises and the experience of domestic and foreign companies, as well as scientists in the field of wages. The establishment of effective mechanisms in the remuneration system, which should ensure social and economic justice in labour relations, plays a significant role in resolving the relevant issues. This is primarily the observance, protection and restoration of the subjective rights of employees to pay in case of violation. If most of the outlined general social and economic problems cannot be solved by one means or another, it is not only possible but also necessary to formulate priority purely legal tasks related to the optimisation of legal regulation of wages. The article reflects: 1) the international legal basis for the establishment of an appropriate level of wages, 2) foreign experience in the establishment of optimised wages and 3) scientific and applied approaches to optimising wages in the Ukrainian economy under the influence of European integration processes. During the writing of this article, for a comprehensive disclosure of the issues, to achieve an objective scientific result and formulate appropriate conclusions, the authors used general and special methods of cognition (dialectical, functional, Aristotelian, comparative legal, hermeneutic, method of comparison). The article concludes that the existence of many intra-industry tariff grids in Ukraine in practice only complicates law enforcement. If there really was a Unified Tariff Grid, which would consider all professions, their features and the specifics of working conditions, there would be no need for each sector of the economy to develop its own tariff grid. Currently, there is a situation when within the UTS itself there is a significant number of other internal tariff grids in various areas and industries. The UTS should be developed based on the Dictionary of Occupational Titles, as it is the unified act that contains a list of professions that exist in the economic life of Ukraine. Therefore, each of these professions must be assigned its own tariff coefficient and the corresponding category. Wage growth should depend on the employee's qualifications, level of education, and productivity

scholarly journals LEGAL REGULATION OF ORGANIZATION AND PROVISION OF REHABILITATION ASSISTANCE TO ANTI-TERRORIST OPERATION/JOINT FORCES OPERATION PARTICIPANTS

2020 ◽  
Vol 46 (3) ◽  
pp. 46
Author(s):  
O. D. Gavlovskyy
Keyword(s):  
Medical Care ◽  
Armed Conflict ◽  
Social Protection ◽  
Occupational Therapists ◽  
Legal Regulation ◽  
Health Care Facilities ◽  
Medical Rehabilitation ◽  
International Classification Of Functioning ◽  
Post Traumatic Stress ◽  
Joint Force

Abstract Purpose of the study. Investigate the current legal mechanisms for organizing and providing rehabilitation assistance to participants and victims of the armed conflict in the eastern regions of Ukraine. Materials and methods. To achieve these goals, a standard methodological apparatus for scientific research was used: bibliosemantic, for the analysis of periodical literature, and content analysis, for the analysis of legal documents. Results. As stated in the regulations, one of the main responsibilities of the state is to ensure the social protection of participants in the armed conflict in the east of the country. To fulfill this function, a number of laws and regulations have been enacted at the legislative levels, which are constantly being revised to improve social, medical and psychological care for participants in the joint force operation (anti-terrorist operation) and its victims. Comprehensive assistance to disabled military personnel and combatants includes statutory guarantees and procedures for their rehabilitation and adaptation. This list includes medical rehabilitation (provision of medical care, including prosthetics and orthoses, provision of technical means of rehabilitation); psychological rehabilitation; social rehabilitation; vocational rehabilitation. Conclusions. In Ukraine, there is a welldeveloped legal regulation of the process of providing rehabilitation assistance to participants in the armed conflict in the eastern regions of Ukraine. Organizational mechanisms for rehabilitation are constantly being improved: the International Classification of Functioning, Restriction of Life has been introduced; qualification characteristics of rehabilitologists and rehabilitation specialists, occupational therapists, physical therapy assistants and occupational therapists have been developed. It has been established that there are no unified protocols for medical rehabilitation in Ukraine: only a protocol of measures for post-traumatic stress disorder has been developed. A «road map» for medical care, reparative treatment and rehabilitation measures in health care facilities is available and applicable. Keywords: medical rehabilitation, joint force operation, legal regulation, organization of medical care.

scholarly journals The social doctrine of the catholic church as a foundation for the emergence of the legal regulation in the area of social protection in Europe

2020 ◽  
pp. 353-357
Author(s):  
Mykhailo Shumylo
Keyword(s):  
Human Rights ◽  
Welfare State ◽  
Catholic Church ◽  
Social Protection ◽  
Legal Regulation ◽  
Social Rights ◽  
Holy See ◽  
Social Doctrine ◽  
The Social ◽  
The Catholic Church

The social doctrine of the Catholic Church is an indication of the active involvement of the Church in disseminating the ideas ofthe welfare state and it reflects its attempts to establish ideals of the welfare state through an external influence on the ideology of countriesthat belong to Christendom.Furthermore, one cannot ignore the fact that encyclicals had a direct or indirect influence on the adoption of the first social protectionacts in Catholic Europe where encyclicals played an important role.As a result, the Holy See aligned itself with the labour movement.Considering the fact that papal encyclicals covered the entire Catholic World, these documents can be viewed as an example ofinternational soft law.The first social rights, principles, and values in the area of social protection were enshrined in the encyclicals.Social rights belong to second-generation human rights the legal basis for which comprises international instruments adoptedafter the Second World War (the Universal Declaration of Human Rights (1948), the Convention for the Protection of Human Rightsand Fundamental Freedoms (1950), the International Covenant on Economic, Social and Cultural Rights (1966), the European SocialCharter (Revised) (1965–1996), the European Code of Social Security (1964), meaning 50 years after these rights were enshrined inpapal encyclicals.There is an indisputable fact that has still not been discussed in scientific research on social protection and according to whichthe social doctrine of the Catholic Church can be viewed as an inherent part of the process of occurrence, formation, and developmentof social protection, and it can be regarded as an ideological framework, a source of social rights and principles of social protection.Considering the above-mentioned findings, the social doctrine of the Catholic Church can be defined as the body of legislationadopted by the Holy See regarding the status and development of social and labour rights, their place in a person’s life and in publiclife. Papal encyclicals form the basis of that legislation and they are addressed to believers, bishops, and archbishops.

scholarly journals Impact of Remuneration for Work on Social Changes in Lithuania

2018 ◽  
Vol 49 (3) ◽  
pp. 129-146
Author(s):  
Boguslovas Gruževskis ◽  
Tadas Sudnickas ◽  
Jolanta Urbanovič
Keyword(s):  
Supply And Demand ◽  
Modern Society ◽  
Social Situation ◽  
Legal Regulation ◽  
Welfare States ◽  
Social Changes ◽  
State Budget ◽  
Labour Relations ◽  
Compensation Systems ◽  
Technological Level

Satisfaction with compensation for work in modern society, especially in welfare states, plays a very important role. It not only ensures the efficient use of available production facilities and natural resources, but also determines the size of the state budget, the quality of life in the country, an attitude towards emigration and the general state of social situation. In a market economy, wages are the expression of capital and labour relations, both at the national and at the company level. The compensation systems are also influenced by some external factors such as tax system, technological level, labour supply and demand balance and legal regulation. The article seeks to reveal how the satisfaction with pay for work affects the social changes in the country. The article present the results of the research carried out in Lithuania in 2017.

scholarly journals Legislation regarding social protection of children and youth in Sweden with particular emphasis on protection from abuse and neglect

Temida ◽  
2003 ◽  
Vol 6 (1) ◽  
pp. 11-18 ◽  
Author(s):  
Slobodan Savic ◽  
Djordje Alempijevic
Keyword(s):  
Social Protection ◽  
Social Care ◽  
Current Problem ◽  
Children And Youth ◽  
Vulnerable Groups ◽  
Psychological Consequences ◽  
Abuse And Neglect ◽  
Professional Contact ◽  
A Current ◽  
Consequences Of Violence

Protection of children from abuse and neglect is a current problem in the world. The consequences of violence against children are very important because they can leave behind permanent bodily injuries up to severe invalidity, as well as psychological consequences which very often lead to transmission of violence into next generations. In most extreme cases death occurs as a consequence of abuse and neglect. In this paper authors present legislation which regulate social protection of children and youth in Sweden, with special emphasis on protection from abuse and neglect. Sweden is a country in which social care of most vulnerable groups including children, was always at the top of priorities. Authors made comparative analysis of Swedish and domestic (Serbian) laws regarding protection of children from violence, with particular emphasis on mandatory report of these cases from professionals who are in regular professional contact with children. Authors will also put emphasis on duties of medical doctors in the system of protection of children and youth from abuse and neglect.

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