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.

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.

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 Features of the labor organization of persons sentenced to compulsory and correctional labor

2019 ◽  
Vol 13 (1) ◽  
pp. 59-63
Author(s):  
S. N. Kondratovskaya ◽  
◽  
E. V. Valkova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Penal Code ◽  
Controversial Issues ◽  
Labor Organization ◽  
National Legislation ◽  
Labor Legislation ◽  
The Russian Federation

The article covers controversial issues of legal regulation of labor of persons sentenced to compulsory and corrective labor. On the basis of an analysis of the norms of national legislation a conclusion was made on the priority of the norms of the Penal Code of the Russian Federation over the norms of labor legislation in the regulation of labor of convicts.

International Labor Organization

1953 ◽  
Vol 7 (1) ◽  
pp. 140-143
Keyword(s):  
Migrant Workers ◽  
Technical Assistance ◽  
Director General ◽  
Labor Organization ◽  
International Labor Organization ◽  
Governing Body ◽  
International Labor ◽  
Regional Conference ◽  
The Disabled ◽  
Contract Of Employment

From November 24 to 28, 1952, the Governing Body of the International Labor Organization met in its 120th session in Geneva, under the chairmanship of Fernando Cisternas (Chile). The Governing Body decided that the thirty-seventh session of the International Labor Conference, to be held in Geneva, should open on June 4, 1954. After long discussion on proposals relating to the agenda of this session, the Governing Body decided to add the following to those items necessarily included: a) technical assistance, b) penal sanctions for breaches of contract of employment, c) migrant workers (underdeveloped countries), and d) vocational rehabilitation of the disabled. It was agreed that the next Asian regional conference should be held in Japan in September 1953 and that its agenda should include problems of wage policies and workers' housing in Asia and measures for protection of young workers in Asia. Regarding other meetings, the Governing Body instructed the tripartite subcommittee of the Joint Maritime Commission, which was to meet in 1953, to consider the need for a tripartite regional conference on hours of work and manning in the short-sea trades of northwest Europe and a resolution under which the United Nations Economic and Social Council would be invited to study the possibility of establishing machinery to regulate freight rates for shipping in this region; decided that a meeting of experts should be held in July 1953 to examine systems of payment by results in the construction industry and the techniques involved in their introduction and operation; fixed the agenda for the fourth session of the Permanent Agriculture Committee, to be convened in May 1953 in Geneva; and authorized the Director-General (Morse) to convene the eighth international conference of labor statisticians early in 1954 in Geneva, the conference to be preceded by a preliminary meeting of statistical experts in 1953 in order to define the scope of the conference's agenda.

scholarly journals International legal regulation of healthcare development in the OECD

2021 ◽  
Vol 136 (3) ◽  
pp. 35-51
Author(s):  
Sh.V. Tlepina
Keyword(s):  
Migrant Workers ◽  
Trade Unions ◽  
Maternity Leave ◽  
Working Hours ◽  
Legal Regulation ◽  
International Labor Organization ◽  
International Labor ◽  
Important Means ◽  
And Shifts ◽  
The Right

The article examines the issue of international legal regulation of matters of strategic development of healthcare using the example of the OECD member states. The issues of the activities of the International Labor Organization through the implementation of conventions and recommendations are considered. ILO Conventions and Recommendations play an important role in the development of health care in the context of the pandemic. The outbreak of the coronavirus disease (COVID-19) is testing the national health systems, their resilience, preparedness, and speed of response to emergencies. The rapid spread of COVID-19 emphasizes the urgent need to strengthen the health system. Conditions particularly relevant during the pandemic include working hours, including the regulation and compensation of overtime, inconvenient working hours, and shifts; weekly rest; maternity leave; sick leave; social security. The right of workers (including migrant workers) to form trade unions is of great significance. The right to association is also one of the important means of labor regulation, as well as for medical workers. To ensure the efficiency of measures taken in response to the COVID-19 outbreak and its aftermath, there is needed an environment of trust through social dialogue and tripartism.

Federal Governments and International Labor Agreements

1931 ◽  
Vol 25 (2) ◽  
pp. 424-431
Author(s):  
Harold W. Stoke
Keyword(s):  
Child Labor ◽  
Rest Period ◽  
Economic Opportunity ◽  
Labor Organization ◽  
International Labor Organization ◽  
Treaty Of Versailles ◽  
Labor Legislation ◽  
International Labor ◽  
Legal Difficulties ◽  
The Right

The International Labor Organization has become one of the most active of all the international institutions of the post-war period. According to the treaty of Versailles, international labor conferences, composed of delegates from countries which are members of the International Labor Organization, are to meet annually to consider and adopt recommendations and conventions applicable to labor problems and conditions throughout the world. The subjects for a number of possible agreements are suggested in the Versailles treaty, and include the right of association of laborers, the establishment of the eight-hour day, the adoption of the weekly rest period, the abolition of child labor, and various related matters. In drafting conventions and recommendations, the conferences are to be guided by a number of principles laid down in the Versailles treaty, and are asked to recognize that “differences of climate, habit and customs, of economic opportunity and industrial tradition, make strict uniformity in the conditions of labor difficult of immediate attainment.”Economic difficulties alone were recognized, at first, by the makers of the treaty of Versailles as standing in the way of the attainment of “strict uniformity in the conditions of labor.” It was, however, soon brought to the attention of the Peace Conference that governments might not all prove equally competent constitutionally to deal with labor problems, and that some might prove totally lacking in legal capacity to adhere to the proposed labor conventions. This legal limitation was felt to be especially likely to arise in the case of federal governments, in many of which all matters of labor legislation are reserved to the member-states, and hence are beyond the legislative powers of the central governments. It was predicted by some that these legal difficulties would prove more stubborn obstacles to the uniform regulation of labor matters than differences in climate, habits and customs, and economic opportunity.

scholarly journals Problems of legal regulation of the grounds for termination of an employment contract at the initiative of the employer

2019 ◽  
Vol 31 (1) ◽  
pp. 140-145
Author(s):  
M. Musabayev
Keyword(s):  
Free Market ◽  
Legal Regulation ◽  
Scientific Article ◽  
International Labor Organization ◽  
Theoretical Terms ◽  
Employment Contract ◽  
Labor Conditions ◽  
Labor Legislation ◽  
International Labor ◽  
Qualification Testing

The presented scientific article arises from the research of theoretical and practical problems of the legal regulation associated with the grounds and the procedure for termination of an employment contract at the initiative of the employer under a free market economy. The article substantiates a number of concepts, along with ideas and conclusions which are conceptual in theoretical terms and important for the legal practice. In particular, for the first time the classification of stages of development of the labor legislation regulating the procedure for termination of an employment contract at the initiative of the employer is given, characteristics of each of these stages are analyzed and defined. In addition, the article summarizes the expediency of bringing the norms of the national legislation on the dismissal of employees at the initiative of the employer in accordance with the conventions and recommendations of the International Labor organization, and substantiates the need to fix the amount of severance allowance depending on the grounds for dismissal of the employee and the length of current employment. There have been formulated proposals to specify the grounds for termination of an employment contract with an employee performing educational functions. Moreover, it is suggested to introduce in the labor legislation standalone grounds for termination of an employment contract at the initiative of the employer, namely: dismissal of the employee on completion of qualification testing; violation of labor protection rules by the employee, which resulted in serious consequences, including injuries and accidents; dismissal of the employee due to changes to essential labor conditions; deliberate violation by the employee of the obligation not to disclose the state, commercial and other secrets or information protected by law; provision of false information by the employee to the employer when concluding the employment contract; termination of business by the employer as an individual.

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