scholarly journals THE EXTRAORDINARY ASPECTS OF LABOR RELATIONS

2020 ◽  
Author(s):  
Pavlina Ivanova ◽  

The unprecedented situation in 2020 put employers in a state of uncertainty and challenged them to find new forms of work, maintain employment relationships, ensure a safe working environment and working conditions, and at the same time comply with regulatory requirements. In this context, labor legislation has had to be adapted to the new circumstances in which the elements of the employment relationship have acquired "extraordinary" aspects. The purpose of this report is to review new aspects of labor relations in a pandemic environment, discussing regulatory changes, their consequences and opportunities.

Author(s):  
Skowron J ◽  
◽  
Zapór L ◽  
Miranowicz-Dzierzawska K ◽  
◽  
...  

The article discusses the principles of determining the maximum admissible concentration and intensity values for harmful agents present at workplaces as the basic criteria for ensuring safe and hygienic working conditions in Poland and in the European Union. The role of the Interdepartmental Commission for the Maximum Admissible Concentrations and Intensities of Agents Harmful to Health in the Working Environment is presented in this process. The attention was drawn to the relationship between the occupational health and safety legislation and the EC regulations on chemicals, which together provide both employers and the Member States with the necessary data and instruments to work safely with chemicals and to be able to take appropriate actions and risk management measures.


2018 ◽  
Vol 1 (XVIII) ◽  
pp. 391-402
Author(s):  
Tomasz Świętnicki

The aim of this article is to present the protection of the permanence for the employment relationship in Germany and to outline the labor law system prevailing in Germany, as well as attempt to answer the question what are the grounds / prerequisites as a rule of the subject protection. The subject of my analysis are the principles of protection for he permanence of employment relationships established on the basis of a contract for the employee. Labor relations that have their origins in the appointment, and their characteristics remain outside the scope of my article, because it would need a much extensive study.


2018 ◽  
Vol 2 (1) ◽  
pp. 63-68
Author(s):  
Roman V. Kirsanov

The subject. The article deals with topical issues of ensuring the realization of the employee's right to healthy and safe working conditions.The purpose of the study is to identify the main directions of improvement of the Labor Code of the Russian Federation in the field of labor protection.The methodology includes formal-legal method, the analysis of the components of the right to healthy and safe working conditions, as well as the right to information and related rights.The main results. The author formulates proposals for amending a number of articles of the Labor Code, including those containing the most important branch principles, as well as those on termination of the employment contract and ensuring the right of an employee to a workplace that meets the requirements of labor protection.Examples from judicial practice show a low level of legal awareness of Russian employers and their disdainful attitude to labor legislation. This is expressed not only in violation of labor protection rules, but also in the absence of proper registration of an employee, when a written labor contract is not concluded with him. Thus, the relationship between the norms of different labor law institutions is expressed, expressed in their protective potential. The existing approach to understanding labor protection in a broad sense to a certain extent may be in demand even now. For example, by improving the norms on the conclu-sion, modification and termination of an employment contract, it is possible to achieve in parallel a certain improvement in working conditions for workers. This is due to the fact that legal registration of employment in most cases is associated with a higher level of security, since an employee without clearance does not actually exist for the state control and supervisory bodies.Conclusions. Understanding of labor protection as all-round protection of labor capacity of the person, being so widespread in Soviet time, looks quite justified nowadays too. The Labor Code of the Russian Federation, as the central regulatory legal act, should be considered as an instrument not only of legal regulation, but also of a powerful ideological impact on domestic employers, and changes and additions to labor legislation concerning labor protection should be made according to above-mentioned conclusion.


2020 ◽  
Vol 15 (3) ◽  
pp. 64
Author(s):  
М. С. Байнова ◽  
А. Г. Момот

The article analyzes the confictological aspects in labor activities of teachers of additional education. The authors consider peculiarities of conflicts related to labor relations, working conditions. Further education organizations have features that distinguish them from schools and pre-school education institutions. The children's and youth centers are customer-oriented and more responsive to the pupil’s preferences. The study of labor conflicts is therefore relevant to additional education for children. Conflicts in education are well studied in terms of teacher-pupil relations. However, the employment relationship in education has features related to scheduling, feedback, motivation and stimulation. Survey and testing based on the methods of K. Thomas and R. Kilmann, and C. Spielberger (Yu. L. Khanina) and interviews with the staff of the center showed possible sources of conflicts in the process of organizing education in the children and youth center. Pay dissatisfaction, inadequate feedback, and off-schedule activities create internal tensions among employees. Pay dissatisfaction, inadequate feedback, and off-schedule activities create internal tensions among employees. Compromise and adaptation are the prevalent employee tactics. At the same time, some employees have high levels of anxiety. Thus, potential conflict situations develop in the team. Hidden conflicts can help reduce teacher loyalty to the organization. Based on the results of the study, the authors offer some recommendations for the diagnosis and prevention of conflicts in children's centers of further education


Social Law ◽  
2019 ◽  
pp. 57-63
Author(s):  
O. Lyubimov

The article deals with the main types of European standards of administrative and legal support for the work of civil servants, the key of which the author emphasizes the recognition of the priority of the state policy in the area of observance of labor legislation with regard to civil servants. Equally important scholars are called the standards of proper staffing, material and technical support of civil servants, creation of conditions for proper and timely performance of their official duties, improvement of their qualification, training and retraining, creation of harmless and safe working conditions, professionalization of state services, etc. It is emphasized that Ukraine is on the path of European integration, in its activity it tries to implement in its internal law European standards of administrative and legal support of civil servants, but a significant number of them still remains at the declarative level.


Caderno CRH ◽  
2019 ◽  
Vol 32 (86) ◽  
pp. 307
Author(s):  
Adalberto Moreira Cardoso ◽  
Christian Azaïs

<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>


Yuridika ◽  
2019 ◽  
Vol 34 (3) ◽  
pp. 549
Author(s):  
Rosalien A. van ‘t Foort-Diepeveen

This article sets out the legislative framework with regard to labour law provisions concerning working conditions that apply to Dutch employers and employees operating and working in the ready-made garment (RMG) sector in the Netherlands and discusses the challenges that employees may face in the sector. More specifically, this article will focus on the challenges and law applicable to the retail phase and recycling phase in the supply chain of a pair of jeans and a white T-shirt. In this respect, an overview of the labour law provisions will be presented that protect a safe working environment for employees working in the sector. Dutch law contains many provisions concerning the protection of employees against poor working conditions. Among others, employers are obliged to maintain a safe working environment and reasonable working hours for their employees. Dutch labour legislation only applies to employees working in the Netherlands and therefore is of little relevance to the manufacturing phase of the RMG supply chain, which takes place abroad. However, several public and private initiatives were taken to stimulate Dutch clothing brands to exert an influence on the working conditions in the RMG producing countries. Two of these initiatives will be discussed in this article. Furthermore, this article will present which social challenges employees may face in the Dutch RMG sector, which comprise gender inequality, including equal pay and equal opportunities to occupy top management positions and co-determination rights.


2020 ◽  
Vol 99 (7) ◽  
pp. 663-668
Author(s):  
Sergey A. Druzhilov

Introduction. The current historical period is characterized by significant transformations in all spheres of life activity. The reasons for the changes are the development of information technologies and globalization processes. In the information (post-industrial) society, transformations are associated with the introduction of the principles of flexibility in job placement and labor organization. The transition to flexible forms of employment appears as a risk factor for the deterioration of working conditions and the reduction of workers’ security. “Social pollution” of the production environment is spreading. These include management methods that harm the well-being of workers.The aim of the study is the evaluation of the influence of flexibilities of employment and labor relations on the deterioration of working conditions as a risk factor for the well-being of workers.Material and methods. The study object in the article is flexibility as a socio-psychological and organizational-economic phenomenon. A comparative analysis of the views of various authors and their theoretical generalization.Results. A modern understanding of the information society as a society of network structures based on innovation and decentralization, as well as employment on adaptability to market conditions is presented. The introduction of the flexibility of employment means a departure from the standard model of labor relations. The negative consequences of labor flexibility for workers are given: instability, compulsion, unsteadiness, and lack of guarantees. Employment unsteadiness occurs both in the informal and formal sectors of the economy. The statistics cited indicate a trend towards an increase in the proportion of workers included in unsustainable and precarious employment. The influence of “social pollution” of the intra-organizational environment in the form of adverse management decisions introducing instability and unreliability in working conditions is considered. Their consequence is a violation of the social and psychological well-being and somatic health of workers. Conclusion. The more employment differs from the standard, the higher its instability, and lack of guarantees for the worker, the higher the risks of deterioration of working conditions, health, and job loss. There is a connection between the instability of employment, psychological well-being, and health.


2019 ◽  
Vol 77 (15) ◽  
Author(s):  
Helena Ferraz Gomes ◽  
Francisco Gleidson de Azevedo Gonçalves ◽  
Ariane da Silva Pires ◽  
Rafael Tavares Jomar ◽  
Ellen M. Peres ◽  
...  

Introdução: O trabalho em saúde, na atualidade, vem atendendo à lógica do mercado capitalista, na perspectiva deatuação mínima do Estado. Isto interfere diretamente nos modos de produção em saúde, refl etindo no processode trabalho neste setor, no qual se observa uma intensifi cação da terceirização dos serviços, bem como umaprecarização das condições de trabalho. Objetivos: Identifi car e caracterizar a produção científi ca relacionada àprecarização do trabalho de enfermagem no Brasil, e avaliar as repercussões da precarização do trabalho na saúdedos trabalhadores de enfermagem. Métodos: Revisão integrativa conduzida entre os meses de dezembro de 2012e janeiro de 2013 na Biblioteca Virtual em Saúde, a qual inclui, entre outras, as bases de dados LILACS, BDENF eSCIELO. Resultados: A precarização do trabalho de enfermagem relaciona-se à perda de direitos trabalhistas, àbaixa remuneração, aos múltiplos vínculos empregatícios, às diversas formas de contratação e jornadas extensasde trabalho e à precarização dos ambientes e de condições de trabalho. Conclusões: A precarização está presentenos diversos ambientes de trabalho da enfermagem com repercussões diretas na saúde dos trabalhadores deenfermagem, causando-lhes adoecimento físico e psíquico.Palavras-chave: Saúde do trabalhador; Enfermagem do trabalho; Condições de trabalho; Relações trabalhistas. ABSTRACTBackground: Labor in health services has been serving the logic of the capitalism, with minimum perspectiveof the State performance. In this context, health production modes have been infl uenced, refl ected in the workprocess in this sector, with an intensifi cation of work schedule as well as a deterioration of working conditions.Objectives: To identify and to characterize the scientifi c publications related to the precarization of the nursinglabor in Brazil, and to assess the effects of labor precarization to nursing workers health. Methods: An integrativereview was conducted between 2012 December and 2013 January using the Virtual Health Library, which includes,among others databases, LILACS, BDENF and SCIELO. Results: The precarization of nursing labor is related to theloss of worker rights, low salaries, multiple employment relationships, various forms of employment and longworking hours, and precarious environments and working conditions. Conclusions: Nursing labor precarizationis present in different nursing work environments, representing direct impact on the nursing workers health,causing physical and mental disabilities.Keywords: Occupational health; Occupational health nursing; Working conditions; Labor relations.


2021 ◽  
Vol 80 (1) ◽  
pp. 124-129
Author(s):  
В. С. Венедіктов ◽  
К. Ю. Мельник

The authors have studied the norms of the draft Law of Ukraine “On Amending the Labor Code of Ukraine to Define the Concept of Labor Relations and Features of Their Existence” dated from February 9, 2021 No. 5054. The scholars’ points of view on understanding the competence of labor legislation, concepts and features of labor relations have been studied. The authors have determined the expediency of introducing the norms suggested by the draft Law for inclusion in the Labor Code of Ukraine in relation to the competence of labor legislation, concepts and features of labor relations. Recommendations for solving the identified problems have been formulated. It has been offered to reflect the main features of labor relations in the concept of “labor relations” contained in Part 1 of the Art. 21 of the Labor Code of Ukraine provided by the draft Law, as well as to introduce a norm in the Art. 21-2 of the Labor Code of Ukraine of the following wording: “Work may be recognized as being performed within the employment relationship, if there are basic features of the employment relationship”. The main features of labor relations are as follows: 1) personal nature. Personal performance of work by an employee on a specific qualification, profession, position; 2) paid nature. Systematic payment of the salary for the performed works by an employer to an employee; 3) the nature of subordination to an employer. Work is performed by an employee on behalf of, under the guidance and control of an employer. The authors have suggested own definition of the term of “labor relations”, which is understood as a voluntary two-way communication between an employee and an employer, which involves personal performance of the work by an employee defined and paid by an employer under his guidance and control. The authors have developed own edition of the Art. 3 of the Labor Code of Ukraine; and have improved the provisions of the draft Law of Ukraine “On Amending the Labor Code of Ukraine to Define the Concept of Labor Relations and Features of Their Existence”.


Sign in / Sign up

Export Citation Format

Share Document