Forms of legal protection of labor law in Ukraine

2018 ◽  
pp. 290-296
Author(s):  
B.P. Ratushna ◽  
Keyword(s):  
Labor Law ◽  
Legal Protection

scholarly journals Legal Protection of Resigning Workers' Right Over Separation Pay Compensation in Justice Perspective

2020 ◽  
Vol 7 (8) ◽  
pp. 713
Author(s):  
Atmari Atmari ◽  
Budiarsih Budiarsih ◽  
Slamet Suhartono
Keyword(s):  
Research Method ◽  
Labor Law ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
Historical Approach

Labor law in Indonesia has not comprehensively provided protection for the rights of resigning workers qualification. Since provisions of labor law does not mention the amount of separation pay for resigning workers. This research is conducted to analyze and find the ratio legis in providing separation pay for resigning workers in the Manpower Act and also the concept of giving separation pay to resigning workers in justice perspective. The research method used in this study is normative legal research by using several approach including philosophical approach, purposive approach, conceptual approach, case approach and historical approach. The result of the study shows that the regulation of separation pay in the Manpower Act is a form of reward for workers given by employers as a reward for devotion and loyalty of workers during a certain period of service. The Regulation of separation pay for resigning workers which reflecting justice is by formulating separation pay for resigning workers equal to the rights of terminated workers because of committing criminal act.

(( Legal means to regulate the work of minors in accordance with international and domestic law ))

2021 ◽  
Vol 27 ◽  
pp. 178-194
Author(s):  
MAYSOON HADI ◽  
Keyword(s):  
Young People ◽  
Key Words ◽  
Labor Law ◽  
Legal Protection ◽  
International Community ◽  
Medical Examination ◽  
Legal Texts ◽  
Domestic Law ◽  
Take All

Abstract The phenomenon of minors' work has become widespread in the light of different societies, which called on states to organize them through international rules stipulated in the state's work conventions and charters so that those rules are a basis for protection for them, and the international community has obligated the countries joining these conventions to take all legal measures through Its internal legislation to protect minors, regulate their work, and prevent any exploitation, and the Iraqi legislator has organized that protection through the constitution and legal texts contained in the Iraqi Labor Law No. 37 of 2015 in force, which stipulates the determination of the minimum employment threshold for the worker, the medical examination and the prevention of night work for children as well For many other rights compatible with international means that organize the work of young people and provide them with the necessary protection. Key words: young labor, labor, legal protection, young people.

scholarly journals The Implementation of Labor Development Principles According to Job Creation Law as a Reason to Protect Wages Rights

BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 94
Author(s):  
Nur Putri Hidayah ◽  
Quincy R. Cloet ◽  
David Pradhan
Keyword(s):  
Family Members ◽  
Job Creation ◽  
National Development ◽  
Labor Law ◽  
Legal Protection ◽  
Legal Research ◽  
Basic Rights ◽  
The Government ◽  
Better Than

<p>Wages as labor’s basic rights have changed since the Job Creation Law was enacted. It is essential that wages be distributed following the principle of job creation to contribute to the national development for the whole people. This research aims to compare the regulation vis-à-vis legal protection and the implementation of the principles of labor development. With normative legal research and statutory approach, this research reveals that the legal protection regarding wages in the new regulations are not far better than the former ones. The wage policies that were initially stipulated explicitly in the Labor Law were revoked from the Job Creation Law, where the labor principles are not applied. With the protection not better than that of the former regulation, it is implausible to improve the welfare of workers and their family members. Supervision conducted by the government is required to ensure that labor’s rights to wages are protected.</p><p><strong>Keywords</strong><strong>:</strong> Wages; Development of Labor; Job Creation.</p>

scholarly journals A critical study of the Job Creation Law No. 11 of 2020 and its implications for labor in Indonesia

2021 ◽  
Vol 10 (5) ◽  
pp. 195-206
Author(s):  
Adnan Hamid
Keyword(s):  
Community Involvement ◽  
Job Creation ◽  
Labor Law ◽  
Legal Protection ◽  
Labor Rights ◽  
Critical Study ◽  
The People ◽  
Bargaining Position ◽  
The Government ◽  
Democratic Principles

This study aims to examine the Job Creation Law No. 11 of 2020 which contains the interpretation, position, and implications of the Act on employment in Indonesia. The research method used is normative legal research, and the findings of the research are the Job Creation Law No. 11 of 2020 is considered to have tended to ignore labor rights. This law was formed and ratified as a labor law, which is still considered far from the wishes of the people who adhere to democratic principles. This is due to the lack of optimal community involvement in the drafting process so that this law has very implications for workers. For example, workers do not have a strong bargaining position in labor law in Indonesia. Therefore, it is necessary to develop a manpower law that is in line with the mandate of the Preamble and the 1945 Constitution as a basis for the government and parliament in making laws and regulations and at the same time providing legal protection, especially for workers or laborers and employers simultaneously in order to create a society that is prosperous, and evenly distributed both materially and spiritually.

scholarly journals ANALISIS YURIDIS KEBERADAAN PERUSAHAAN OUTSOURCING DAN HAK PEKERJA TERKAIT SISTEM KONTRAK BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003

2021 ◽  
Vol 13 (1) ◽  
pp. 20
Author(s):  
Haerudin . ◽  
Endeh Suhartini
Keyword(s):  
Research Method ◽  
Health And Safety ◽  
Labor Law ◽  
Legal Protection ◽  
Qualitative Approach ◽  
Primary Data ◽  
Sociological Research ◽  
Employment Relations ◽  
Legal Norms ◽  
Time Work

The purpose of this study are: 1) To find out and analyze the existence of outsourcing companies in contract system workers. To find out and analyze the granting of rights for workers related to the contract system based on Law No. 13 of 2003 concerning Labor. The research method used in this study is a normative juridical study that takes a qualitative approach that looks at and analyzes the legal norms in existing legislation and sociological research as supplementary data as primary data. The results of this study are: 1) The existence of outsourcing companies in contra system workers, in terms of employment relations between workers and outsourcing companies is based on a Specific Time Work Agreement, then the work agreement must require the transfer of the protection of the rights of workers whose objects of work remain, even though there is a change of companies that carry out part of the work of other companies or companies providing workers' services. 2) The granting of rights for workers related to the contract system based on Law Number 13 of 2003, there are still outsourced workers who are not registered with Jamsostek, so the legal protection of health and safety for outsourced workers is not implemented.Keywords : Labor Law; Outsourcing Company; Work Agreement.

scholarly journals Legal status and labor legal entity in the science of labor law

2021 ◽  
pp. 185-188
Author(s):  
A. Markin ◽  
L. Timchenko
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Labor Law ◽  
Legal Protection ◽  
Protective Function ◽  
Legal Personality ◽  
Hired Labor ◽  
Definition Of ◽  
The Individual ◽  
Economic Formation

The article is de-voted to the category of legal status and labor legal personality in the science of labor law, represents the ratio of the terms “person” and “personality”. Legal personality is a fundamental legal category because it determines the ability of a person to own the law. Legal personality is a developing legal property that reflects the specifics of social relations, the peculiarities of socio-economic formation, determine the place of the individual in society as a whole, and the field of a particular branch of law in particular. The realities of a market economy objectively necessitate a clear definition of legal personality as a fundamental legal category in the field of labor law to ensure the priority of contractual regulation of legal relations on the use of hired labor and, at the same time, effective implementation of the protective function of labor law. The author singles out three types of legal status: general (single) legal status for all citizens of our state; general status for all employees (employees); special or special status for certain categories of workers.Legal status is one of the central concepts of modern legal science, it was developed by many scholars of both the Soviet and modern periods.  The author substantiates that the key elements of the legal status of the employee in labor relations are his legal personality. Particular attention is paid to the structure of the legal personality of the employee. It is proved that the legal capacity and capacity of the employee are the only indivisible phenomenon - legal personality. Substantiations are presented that the second necessary element of the legal personality of the employee is the ability to work. The current legal and legal status of the individual in almost the entire post-Soviet space is characterized by such features as extreme instability, weak legal protection, lack of reliable guarantee mechanisms, the inability of state authorities to effectively ensure the interests of citizens, their right to life, freedom, honor, dignity, property, security, equality, social justice and more.

scholarly journals Alignment of Outsourcing Agreement on Protection Law and Justice

2017 ◽  
Vol 1 (1) ◽  
pp. 23
Author(s):  
Niru Anita Sinaga ◽  
Basuki Rekso Wibowo ◽  
Sri Gambir Melati Hatta ◽  
Fauzie Yusuf Hasibuan
Keyword(s):  
Bargaining Power ◽  
Labor Law ◽  
Legal Protection ◽  
Secondary Data ◽  
Comparative Law ◽  
Contract Law ◽  
Freedom Of Contract ◽  
Employment Agreement ◽  
Pros And Cons ◽  
Law And Justice

<p align="justify">One of these systems outsourcing, in practice often raises the pros and cons even cause problems. The problem is why research in the outsourcing agreement must have harmony with the principles of contract law? and how legal protection for workers/laborers and employers in the outsourcing agreement with the labor Law No. 13 Year 2003 on Employment associated with Court Decision No. 27/PUU-IX/2011?. This research methods using empirical juridical normative juridical supported/sociological and comparative law. Commonly used secondary data. Based on the results of analysis show that the employment agreement outsourcing based on the principle of freedom of contract and the principle of the deal. Each of these parties do not have equal bargaining power, so it does not provide legal protection for workers/laborers. Preparation and implementation of the outsourcing agreement is based on the alignment of the entire principle or principles that exist in the law of contract, is a unity, without prioritizing or separating principle that one with the other principles and serve as the frame of the treaty.</p>

scholarly journals PERUBAHAN STATUS HUBUNGAN KERJA PEKERJA PERUSAHAAN PENYEDIA JASA PEKERJA DALAM HUKUM KETENAGAKERJAAN

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Miftakhul Huda
Keyword(s):  
Employment Status ◽  
Service Providers ◽  
Labor Law ◽  
Legal Protection ◽  
Employment Law ◽  
Basic Principles ◽  
Employment Agreement ◽  
Labor Service ◽  
Work Relationship ◽  
The Government

Regulation of service providers working in employment law is always opposed to thenorms and principles of law. The existence of labor service company that can not beseparated in the dynamics of development in the Indonesian labor force of restrictionsare clear and precise in the formulation of legislation. Changes in employment status asone of the forms of legal protection of workers' labor service provider is one of therestrictions set by the Government through Act No. 13 of 2003 on Labour in particularlabor relations agreements. Given the setting in Employment Act can not be separatedfrom the basic principles of the agreement, then the restriction that there must still bebased on the basic principles. Protection laws enacted by not considering the basicprinciples of the law will only make the problem more complex labor and potentiallycreates new problems.Keyword :Labor law, work relationship, employment agreement

Sign in / Sign up

Export Citation Format

Share Document