Supporting, Fostering and Coercing? The Legal Regulation of the Exercise of Family Responsibilities

2016 ◽  
pp. 19-36
Keyword(s):  
Legal Regulation ◽  
Family Responsibilities

LEGAL REGULATION OF WORK OF WOMEN AND PERSONS WITH FAMILY RESPONSIBILITIES

2017 ◽  
Author(s):  
Viktoriia Kononenko ◽  
◽  
Yuliia Hudzenko ◽  
Keyword(s):  
Women Workers ◽  
Pregnant Women ◽  
Legal Regulation ◽  
Equal Treatment ◽  
Gender Inequalities ◽  
Adopted Children ◽  
Family Responsibilities ◽  
Men And Women ◽  
Overtime Work ◽  
The Law

The article presents a study of the legal regulation of women and persons with family responsibilities. An analysis of domestic regulations on this topic. In particular, the norms enshrined in the Constitution of Ukraine have been studied. Chapter XII, which deals with women's labor, is analyzed in the Labor Code. The Law of Ukraine "On Labor Protection" and the Law of Ukraine "On Ensuring Equal Rights and Opportunities for Women and Men", the draft Labor Code were also considered. International normative legal acts are analyzed. ILO Conventions: No45 - on the use of women in underground work in mines of any kind, No100 - on equal pay for men and women for work of equal value, No103 - on maternity protection, No111 - on discrimination in employment and occupations, No156 - on equal treatment and equal opportunities for working men and women: workers with family responsibilities; Article 11 of the 1979 UN Convention. It is noted that for working women there are: guarantees for part-time work, a ban on the involvement of pregnant women and women with children under 3 years of age, night, overtime work, work on weekends and sending them on business trips; restricting the involvement of women with children aged 3 to 14 or children with disabilities in overtime work and sending them on business trips; maternity leave and childcare leave; the procedure for granting leave to care for a child and enrolling him in the length of service; leave for women who have adopted children; additional leave for employees who have children; guarantees of employment and prohibition of dismissal of pregnant women and women with children; providing pregnant women and women with children under the age of 14 with vouchers to sanatoriums, rest homes and financial assistance; mother's service at enterprises, organizations; guarantees that also apply to parents raising children without a mother, as well as to guardians (trustees). Deficiencies in the current labor legislation have been identified. Gender inequalities in the workplace have been identified. The conclusions and prospects for the development of protection and protection of the rights of women and persons with family responsibilities are presented.

scholarly journals International Experience of Legal Regulation of Social Vacations

2020 ◽  
Vol 76 (1) ◽  
pp. 26-31
Author(s):  
V. O. Latysheva
Keyword(s):  
Soviet Union ◽  
Former Soviet Union ◽  
Social Protection ◽  
Legal Regulation ◽  
International Experience ◽  
The European Union ◽  
Family Responsibilities ◽  
Moral Principles ◽  
Current Period ◽  
Labor Legislation

The author of the article has studied international and legal acts that envisage the norms that provide social vacations for employees. The author has analyzed experience of legal regulation of social vacations in the USA, the countries of the European Union, the countries of the former Soviet Union, etc. It has been noted that the current period of development of the state and society makes new demands on the socialization of labor legislation, especially for employees with family responsibilities, taking into account the positive international experience. It is very important aspect of the welfare state, society must provide such persons with certain social protection and assistance, as well as labor benefits in connection with the responsibilities of raising children and other circumstances, because employees with family responsibilities have the possibility to combine their professional activities with family responsibilities without the damage for their own health, the interests of children and society. Social protection in a modern democratically organized society is the sphere of intersection of vital interests of citizens related to the realization of their socio-economic rights. It is the sphere of reflection of such universal values as equality, social justice, humanism and other moral principles of civilized society. Proper realization of the right to social protection helps to increase the individual status of a person and further the development of democratic principles of society. Therefore, it is necessary to take into account the positive international experience in the legal regulation of social vacations in the period of reforming the labor legislation of Ukraine. The author of the article has provided scientifically substantiated conclusions on the borrowing positive international experience of legal regulation of social vacations and implementing into national legislation.

scholarly journals Legal regulation of social leaves: experience of post-Soviet countries

2020 ◽  
pp. 210-214
Author(s):  
Olga Rudnytska
Keyword(s):  
Soviet Union ◽  
Former Soviet Union ◽  
Maternity Leave ◽  
Legal Regulation ◽  
Social Goals ◽  
Full Time ◽  
Family Responsibilities ◽  
Chernobyl Disaster ◽  
Labour Legislation ◽  
Continuous Work

The article is devoted to the issues of legal regulation of social leaves by the labour legislation of the countries of the former Soviet Union. The types of such leaves, their peculiarities and the procedure for granting individual labour legislation in the country are investigated. It has been established that workers with family responsibilities under both domestic and labour legislation of the post-Soviet countries are given social leave of both identical and different purposes and duration. It is concluded that the labour legislation of individual countries have identified categories of women for whom the duration of maternity leave is significantly increased or has its own characteristics. Such categories include women affected by the Chornobyl disaster, as well as those working in agriculture or in the area of ​​radioactive contamination. It is stated that the inclusion of such types of leaves as without salaries, in connection with the Chernobyl disaster and study holidays in social is justified in order to provide them - to ensure social goals. The author establishes that a Ukrainian employee has a restriction on the use of full-time leave of up to six months of continuous work at the last place of work. It is proposed to amend the current legislation on leave by adding a rule that allows, by agreement of the parties, to grant leave to the employee before the expiration of the six-month period. The article investigates that additional paid social leave for workers with family responsibilities is stipulated by the labour legislation of Ukraine, Azerbaijan and Moldova, but the duration of such leave in these countries is shorter than in our country. It is concluded that the current labour law of Ukraine, unlike other labour codes of the post-Soviet countries, more fully regulates the issue of granting social leave to employees with family responsibilities. Positive experience in regulating certain types of social leaves should be taken into account in the process of reforming national labour legislation, in particular, it is advisable to include educational leaves, leaves in connection with the Chernobyl disaster and leaves without keeping salaries for good personal and family reasons, because their purpose is to fulfill social goals.

Constitutional Guarantees of Child Welfare

10.12737/7543 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Елена Азарова ◽  
YElyena Azarova
Keyword(s):  
Social Security ◽  
Welfare State ◽  
Well Being ◽  
Legal Regulation ◽  
International Standards ◽  
Family Responsibilities ◽  
Historical Continuity ◽  
The People ◽  
Decent Life ◽  
Free Development

The legal sciences should explain constitutional requirements to the legal regulation of law branches. In the article the requirements to social security of children (as well as under-age children) are researched. The most important guarantee of children social rights is the acknowledgement the Russia as a welfare state, which policy is aimed to create conditions for decent life and free development of human being. In view of the historical continuity and in the interests of future generations, safekeeping of the country and saving of the people, Russia can and have to be the genuine welfare state. The international standards of social security and its level need to be implement into the federal legislation more completely. The age is the ground for not only the older persons social security but children as well. So it should be provided to each child at required and sufficient level. The constitutional guarantee of social security for children upbringing supposed to provide the needed benefits for parents taking care of children. In order to increase the well-being of children and the quality of their social security, the wages of the persons with family responsibilities should be increased. Although the issues of economic development and civil society have not been settled enough in the Constitution, it is not an absolute obstacle for progressive social and economical development of the country and legal provision of needed social guarantees to each Russian child.

scholarly journals DIGITALIZATION OF SOCIAL AND LABOR RELATIONS IN A CHANGING WORLD: COMPARATIVE LEGAL ANALYSIS

2020 ◽  
Vol 6 (4) ◽  
pp. 192-213
Author(s):  
Yulia V. Ivanchina ◽  
Yelena A. Istomina
Keyword(s):  
Quality Of Life ◽  
Social Security ◽  
Comparative Method ◽  
Legal Regulation ◽  
Work And Family ◽  
Private Life ◽  
International Standards ◽  
Family Responsibilities ◽  
Coronavirus Infection

The onset of the information society and the digital economy is a natural stage in the development of any state. Informatization of all spheres of social life actualizes the issues of research of already established social relations and their legal regulation, taking into account a new element — their digital support. Employment relationships, as well as social security relationships, are no exception in terms of digital penetration. Labor legislation and legislation on social security, being independent, are often implemented in a systemic relationship, since they are aimed at ensuring the quality of life of individuals. This relationship affects a variety of aspects: employment, the combination (balance) of work and family responsibilities, as well as private life and health care. This determines the potential for a comprehensive analysis of the labor and social rights of citizens in the context of digitalization. The importance of such studies is all the more obvious because, in the context of the spread of the new coronavirus infection, the restrictions imposed, including social distancing, made it impossible, for many, both to carry out work activities and to apply for and receive social benefits. The preservation of the quality of life of the population of this state largely depends on the extent to which the state’s reaction, expressed externally in the form of adopted regulatory legal acts, corresponds to the current situation and helps to solve emerging problems. This article, based on the comparative method of scientific research, shows the development of remote work in Russia and in foreign countries. The importance of information, information technologies and systems in the field of social security is analyzed. The spread of the new coronavirus infection has affected the whole world, and the experience of legal regulation, developed in states with different levels of development, can, taking into account its interpretation, be applied to a certain extent in Russian conditions. In addition, the article emphasizes that the law of any state should be oriented towards international standards in the relevant area.

scholarly journals PECULIARITIES OF THE LEGAL REGULATION OF THE LABOR OF SOME CATEGORIES OF EMPLOYEES

THE BULLETIN ◽  
2020 ◽  
Vol 5 (387) ◽  
pp. 117-124
Author(s):  
Z. K. Ayupova ◽  
◽  
D. U. Kussainov ◽  
S. S. Dzhankadyrov ◽  
Winston Nagan ◽  
...  
Keyword(s):  
Labor Market ◽  
Legal Regulation ◽  
Migrant Labor ◽  
Equal Rights ◽  
Macroeconomic Policies ◽  
Family Responsibilities ◽  
Seasonal Workers ◽  
Market Trends ◽  
Active Research ◽  
And Gender

Research on the specifics of the legal regulation of certain categories of employees is conducted by leading foreign research centers and international organizations. In particular, the work of women, children, disabled people, homeworkers, seasonal workers and migrants is one of the most active research topics within the UN, ILO, OSCE, and CIS. For example, the topics are “Labor Market Trends and Outlook”, “Labor, Income and Equity”, “Changing World of Work”, “Macroeconomic Policies and Jobs”, “Globalization and Labor Market”, “Policy evaluation”, “Youth and Gender Issues” (Special issues of youth and gender are also covered) are recognized as one of the main topics studied by the ILO Research Department in The direction of labor market trends and prospects. The following results were obtained in scientific studies conducted in the field of determining the features of legal regulation of labor of certain categories of workers in foreign countries: proposals were developed and implemented to ensure gender equality in labor relations (University of Sterling, Scotland), eliminate discrimination by introducing rules of differentiation (Rand Afrikaans University, South Africa), and provide additional opportunities in the field of labor for women and persons employed in family responsibilities (University of Essex, UK), increasing the role of contracts in regulating the work of home workers (Middlesex University, UK), providing equal rights in the use of migrant labor (University of Oxford, UK).

The Changing Legal Regulation of Cohabitation

2012 ◽  
Author(s):  
Rebecca Probert
Keyword(s):  
Legal Regulation

ADMINISTRATIVE AND LEGAL REGULATION OF SOME SPECIES OF FOREIGN ECONOMIC ACTIVITY TO BE LICENSED

2018 ◽  
Vol 64 (3) ◽  
pp. 114-119
Author(s):  
Anastasiia Filipenko ◽  
Keyword(s):  
Economic Activity ◽  
Legal Regulation

LEGAL REGULATION OF AGRICULTURAL LAND TURNOVER

2019 ◽  
pp. 27-34
Author(s):  
V.P. Cherdantsev ◽  
M.S. Oborin ◽  
M.A. Gorodilov
Keyword(s):  
Agricultural Land ◽  
Legal Regulation
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