scholarly journals Trabalho digno para quem? Sobre a formalização do trabalho precário no Brasil / Decent work for whom? About the formalization of precarious work in Brazil

2020 ◽  
Vol 4 (4) ◽  
pp. 580-586
Author(s):  
Marina Batista Chaves Azevedo de Souza ◽  
Viviane Fonseca Santos ◽  
Daniela Da Silva Rodrigues
Keyword(s):  
Labor Relations ◽  
Health And Safety ◽  
Labor Rights ◽  
Decent Work ◽  
Labor Laws ◽  
Precarious Work ◽  
Role Of The State ◽  
Labor Legislation ◽  
The Government

A arte desenhada sobre papel simboliza os trabalhadores e as trabalhadoras, e suas constantes lutas sociais pela manutenção dos direitos trabalhistas no Brasil, conquistados na década de 1943, com a Consolidação das Leis Trabalhistas (CLT). Trata-se de um estatuto de Normas Regulamentadoras - NR de relações individuais e coletivas de trabalho para aqueles contratados formalmente com vínculo empregatício. Em 2017, o Governo aprova a Lei nº 13.467, reconhecida como Reforma Trabalhista, a qual exclui mais de cem artigos da CLT, reduz direitos e o papel do Estado em relação à proteção da dignidade do trabalhador. Posteriormente, a classe trabalhadora sofreu novo impacto em 2019, momento em que o Governo Federal promoveu a extinção do Ministério do Trabalho e Emprego (MTE), órgão responsável pela fiscalização e regulamentação das relações de trabalho no país. Isso gerou o fracionamento das atribuições das Leis de trabalho em três pastas ministeriais, fragilizando ainda mais as normas trabalhistas, dificultando a interlocução entre o trabalhador e empregadores e formalizando a precarização do trabalho. Nesse sentido, a imagem representa os desmontes que o trabalhador vem sofrendo, ao longo dos anos, em relação à legislação e aos direitos trabalhistas, mas também à saúde e à previdência social. A flexibilização das relações no ambiente laboral revela uma nova configuração do mundo do trabalho, uma realidade ainda mais perversa, pautada em um discurso neoliberalista de "menos direitos e mais liberdade para o trabalhador", porém, que carrega como consequências a redução do emprego digno, de saúde e segurança para os trabalhadores brasileiros. AbstractThe art drawn on paper symbolizes the workers and their constant social struggles for the maintenance of labor rights in Brazil, conquered in the 1943s by the Consolidation of Labor Laws (CLT). The CLT is a statute of the Regulatory Norms - NR about individual and collective labor relations for those formally hired with an employment relationship. In the year of 2017, the Government approved the Law 13.467 that implemented a Labor Reform, which excludes more than one hundred articles from CLT reducing many workers rights and the role of the State regarding the protection and dignity of the workers. Subsequently, the working class suffered a new impact in the year of 2019, when the Federal Government extinguished the Ministry of Labor and Employment (MTE), the institution responsible to monitor and regulate labor relations in Brazil. This fact caused a division of the attributions of the Labor Laws into Three Ministerial Portfolios, further weakening labor standards making it more difficult for workers and employers to communicate with each other, formalizing precarious work. Thus, this image represents the problems workers has been suffering, over the years, due to the lack of labor rights, health and social security. The flexibilization of labor relations reveals a new configuration for the labor society and provides an even more perverse reality based on a neoliberalist discourse that propagates the idea of "less rights and more freedom for the workers", reducing decent employment, health and safety for Brazilian workers.Keywords: Labor Legislation; Occupational Health; Occupational Therapy; Precarious Employment; Work. ResumenEl arte dibujado en papel simboliza a los trabajadores masculinos y femeninos, y sus constantes luchas sociales para el mantenimiento de los derechos laborales en Brasil, logrados en la década de 1943, con la Consolidación de las Leyes Laborales (CLT). Este es un estatuto de Normas Reguladoras - NR de relaciones trabajo individual y colectivo para aquellos formalmente contratados. En 2017, el Gobierno aprobó la Ley 13.467, reconocida como Reforma Laboral, que excluye más de cien artículos del CLT, reduce los derechos y el papel del Estado en relación con la protección de la dignidad de los trabajadores. Posteriormente, la clase trabajadora sufrió un nuevo impacto en 2019, cuando el Gobierno Federal promovió la extinción del Ministerio de Trabajo y Empleo (MTE), el organismo responsable de la inspección y regulación de las relaciones laborales en el país. Esto condujo a la división de las atribuciones de las leyes laborales en tres carteras ministeriales, debilitando aún más las normas laborales, dificultando la comunicación entre trabajadores y empleadores y formalizando el trabajo precario. En este sentido, la imagen representa el desmantelamiento que el trabajador ha estado sufriendo, a lo largo de los años, en relación con la legislación y los derechos laborales, pero también con la salud y la seguridad social. La flexibilización de las relaciones en el entorno laboral revela una nueva configuración del mundo del trabajo, una realidad aún más perversa, basada en un discurso neoliberalista de "menos derechos y más libertad para el trabajador", pero con la consecuencia de reducir el empleo decente, salud y seguridad para los trabajadores brasileños.Palabras clave: Empleo Precario; Legislación Laboral; Salud Laboral; Terapia Ocupacional; Trabajo.      

The Changes of Chinese Labor Policy and Labor Legislation in the Context of Market Transition

2008 ◽  
Vol 73 (1) ◽  
pp. 45-64 ◽  
Author(s):  
Kinglun Ngok
Keyword(s):  
Labor Relations ◽  
Market Transition ◽  
Labor Policy ◽  
Labor Rights ◽  
Reform Era ◽  
Labor Contract ◽  
Policy Paradigm ◽  
Labor Legislation ◽  
Chinese Labor

AbstractThis article examines the changes to and relations between labor policy and labor legislation in the context of China's market transition with a focus on the 1994 Labor Law and the 2007 Labor Contract Law. The initial impetus to labor policy change came from the unemployment crisis at the end of the 1970s and the early 1980s. Since then, the state has relaxed its control over labor mobility and job allocation. The last two decades of the last century witnessed the most important changes in China's labor policy, that is, the replacement of lifelong employment with contract-based employment and the replacement of government job assignment with the labor market. Such changes indicate the paradigmatic shifts of China's labor policy in the reform era. Under the new labor policy paradigm, the role of law has been strengthened in governing labor relations and other labor-related affairs. Within the policy context of promoting economic growth while maintaining social stability, both policy and law are coordinated and complementary in stabilizing labor relations and protecting labor rights. Given the socioeconomic circumstances and the underdevelopment of the rule of law in China, policy is still important during the period of market transition.

Features of labor relations in quarantine conditions

2020 ◽  
pp. 52-58
Author(s):  
Lesja Kosmii
Keyword(s):  
Law Enforcement ◽  
Labor Relations ◽  
Practical Importance ◽  
Functional System ◽  
Labor Rights ◽  
Personnel Decisions ◽  
Labor Legislation ◽  
Foreign Countries ◽  
Legislative Framework ◽  
Work Method

Goal. The purpose of this work is to analyze the norms of the current labor legislation regarding the regulation of the relations between the employee and the employer in the introduction of any restrictions and anti-epidemic measures in the conditions of national quarantine and prevention in such conditions of violations of labor rights of employees. It is important that during the course of the COVID-19 coronary pandemic measures, they were not only effective but also violated human rights, including work. Method. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material, experience of foreign countries and formulation of relevant conclusions and recommendations. During the research the following methods of scientific knowledge were used: terminological, comparative, functional, system-structural, logical-normative. Results. During the research it was found that the Ukrainian legislature, including foreign experience, was able to respond promptly to the quarantine situation by adopting anti-crisis laws, which did not neglect labor legislation. This is understandable, because in connection with the announcement of quarantine in the whole territory of Ukraine, employers had to make personnel decisions, and the current legislative framework did not clearly regulate the issues that arose. Scientific novelty. The study found that the updating of labor legislation in the area of labor relations regulation during the national quarantine period allows the employer to use certain forms of labor organization, in which the basic labor rights and guarantees of employees can be preserved. Practical importance. The results of the study can be used in law-making and law enforcement activities, as well as by employers in regulating labor relations with employees during the quarantine period.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

scholarly journals PERANAN NEGARA DAN HUKUM DALAM MEMBERANTAS KEMISKINAN DENGAN MEWUJUDKAN KESEJAHTERAAN UMUM

2010 ◽  
Vol 40 (3) ◽  
pp. 390
Author(s):  
Yohanes Suhardin
Keyword(s):  
Social Justice ◽  
The State ◽  
Public Welfare ◽  
The Public ◽  
Role Of The State ◽  
Strategic Role ◽  
The Creation ◽  
The Government ◽  
Legal Product

AbstrakThe role of the state in combating poverty is very strategic. Combatingpoverty means to free citizens who are poor. The strategic role given thenational ideals (read: state) is the creation of public welfare. Therefore,countries in this regard the government as the organizer of the state musthold fast to the national ideals through legal product that is loaded withsocial justice values in order to realize common prosperity. Therefore, thenature of the law is justice, then in the context of the state, the lawestablished for the creation of social justice. Law believed that social justiceas the path to the public welfare so that the Indonesian people in a relativelyshort time to eradicate poverty.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.

scholarly journals Ideology and Pragmatism: Discourse Factors in Infrastructure Development in Indonesia’s Jokowi-JK Era

2019 ◽  
Vol 4 (2) ◽  
pp. 297
Author(s):  
Fredick Broven Ekayanta
Keyword(s):  
The State ◽  
Infrastructure Development ◽  
Economic Policies ◽  
Development Discourse ◽  
Dominant Discourse ◽  
Ernesto Laclau ◽  
Role Of The State ◽  
The Reformation ◽  
The Government

The discussion about development discourse in a country talking about how an idea affect economic policies. In Indonesia, the development discourse continues to change depending on the ruling regime. After the reformation, the dominant discourse is a neoliberal one that minimizes the role of the state in development. During the reign of Jokowi-JK, however, the role of the state strengthened. The government plans to build a massive infrastructure of the physical economy. The government legitimized its choice of action as the implementation of the Pancasila and Trisakti ideologies. Using the theories of Ernesto Laclau and Chantal Mouffe, this article argues that the state legitimizes its policies as implementing ideology by building infrastructure development discourse, but covers only pragmatic practices that occur. The practices themselves are pragmatic because the government ignored the fate and rights of citizens affected by infrastructure development.

scholarly journals PERLINDUNGAN HUKUM KONSUMEN PENGGUNA PRODUK MASKER SHISEIDO YANG MENGGUNAKAN BAHASA ASING (STUDI TERHADAP KEMASAN SHISEIDO DALAM BAHASA JEPANG DI WILAYAH TANGERANG)

2019 ◽  
Vol 1 (2) ◽  
pp. 929
Author(s):  
Rini Yarti ◽  
A.M Tri Anggraini
Keyword(s):  
Foreign Language ◽  
Legal Protection ◽  
Cosmetic Products ◽  
Product Packaging ◽  
Trade Regulation ◽  
Traditional Markets ◽  
Role Of The State ◽  
The Republic ◽  
The Government

An imported product to be traded into the territory of Indonesia must include an Indonesian language label in accordance with established regulations, the regulation is regulated in Article 2 paragraph (1) of the Minister of Trade Regulation of the Republic of Indonesia Number 73 / M-DAG / PER / 9/2015 concerning Label Inclusion In Indonesian in Goods. Every product introduced to consumers must be accompanied by correct information. This information is needed so that consumers do not have a wrong picture of the product. This information can be submitted in various ways, one of which is by including an Indonesian translation label on the foreign language label listed on the product packaging. Information on product packaging labels is very necessary for the community so that each individual can correctly determine the choice before buying and consuming the product. In fact there are still many producers who are not responsible for selling cosmetic products that do not meet the requirements. Cosmetic products that do not meet these requirements can be found easily in malls, in traditional markets, or through the internet. The role of the state in this case the government is needed to protect consumers from the circulation of products that do not meet the requirements. So legal protection for consumers is needed to increase awareness of the rights as consumers.

Baku Oil and Transcaucasian Pipelines, 1883–1891: A Study in Tsarist Economic Policy

Slavic Review ◽  
1984 ◽  
Vol 43 (4) ◽  
pp. 604-623 ◽  
Author(s):  
John P. McKay
Keyword(s):  
Economic History ◽  
Industrial Development ◽  
Crimean War ◽  
Leading Role ◽  
Finance Minister ◽  
Role Of The State ◽  
The Government ◽  
Almost All ◽  
Point Of Departure

The leading role of the state in nineteenth-century Russian industrialization is one of the most widely accepted notions in economic history. Thus state-sponsored industrialization, deeply rooted in the strength of the despotic state and the subservience of an undifferentiated peasantry and an insignificant middle class, began in earnest in the era of the Great Reforms, after the Crimean War had shocked the government out of its economic lethargy under Nicholas I and Finance Minister Kankrin. It continued unevenly thereafter until it crested in the burst of state-led growth in the 1890s. The “statist interpretation” of prerevolutionary Russian industrial development has been most notably expounded by Alexander Gerschenkron in a series of influential essays and by Theodore Von Laue in his biography of Sergei Witte. It thoroughly dominates non-Soviet scholarship and serves as the point of departure for almost all general investigations.

Russian Labor Law: System-Related Problems in its History and Modernity

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Николай Демидов ◽  
Nikolay Demidov
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Law System ◽  
Labor Legislation ◽  
Government Supervision ◽  
Hired Labor ◽  
The Right ◽  
High Degree

The article analyzes system-related contradictions inherent to the development of the Russian labor law branch in XIX—XX. By means of historical-legal, comparative, dialectic methods the author investigates the roots of modern problems in law-making and law enforcement in legal regulation of hired labor relations. The author reveals negative factors in the development of the labor legislation, that are common for Russia and world leading countries. Among main evolutional problems in labor law, the author considers excessive centralization, a high degree of the right enforcement formalization, susceptibility of the branch to political environment, an important role of non-legal regulators of labor relations, low development level of security arrangements for labor rights, inadequate government supervision, a division of employees and employers’ interests, that is not always correct. The author draws the conclusion about the implicit, objective nature of the described defects and notes an essential impossibility to overcome them.

The Changing Role of the State in High-Tech Industrial Development: The Experience of Hong Kong

1994 ◽  
Vol 12 (4) ◽  
pp. 449-472 ◽  
Author(s):  
A G-O Yeh ◽  
M K Ng
Keyword(s):  
Hong Kong ◽  
Industrial Policy ◽  
Industrial Development ◽  
Active Role ◽  
High Tech ◽  
Economic Activities ◽  
Role Of The State ◽  
Challenges And Opportunities ◽  
The Government

This paper is an examination of the role of the Hong Kong government vis-à-vis governments in Japan and other Asian newly industrialized economies (NIEs) in high-tech industrial development. It is argued that, whereas governments of Japan and other Asian NIEs have played very important roles in facilitating industrial restructuring, the Hong Kong government has so far refrained from direct participation in industrial development. Although the Hong Kong government has assumed an important position in the course of economic development in the territory, especially in terms of land-related economic activities, it has little vested interest and experience in directing industrial developments. It was not until the 1990s that the government switched from a ‘positive nonintervention’ to a ‘minimum intervention with maximum support’ industrial policy and began to play a more active role in facilitating industrial upgrading. The effectiveness of the changing industrial policy and the prospects for high-tech development in the territory are reviewed by examining the challenges and opportunities faced by the Hong Kong government in facilitating high-tech industrial development.

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