scholarly journals Protection of jobseekers participating in job announcements and advertisements, and the right to an effective remedy in the general employment regime

2020 ◽  
Vol 59 (89) ◽  
pp. 263-284
Author(s):  
Ljubinka Kovačević
Keyword(s):  
Constitutional Principle ◽  
Right To Work ◽  
Open Questions ◽  
Legal Remedy ◽  
Job Advertisements ◽  
Public Announcements ◽  
Recruitment Procedure ◽  
The Republic ◽  
Effective Remedy ◽  
The Right

Public job announcements and advertisements are instruments which provide for exercising the constitutional principle that all available jobs must be accessible to everyone under equal conditions. The application of this principle is most closely connected with the effective exercise of freedom of work and the right to work. For this reason, recruitment procedure cannot be beyond the scope of control which enables immediate elimination of irregularities in this procedure. In that context, this article discusses the issue of the right of participants in public announcements or job advertisements to an effective legal remedy, not only via the right to judicial and extrajudicial remedies, but also via the right to object or appeal, as the means to achieve internal protection of rights. In the Republic of Serbia, this issue is particularly delicate because the Labour Act does not recognize the two-instance internal procedure, while judicial protection of the rights of jobseekers has not been directly regulated, with the exception of protection against discrimination, and protection of workers whose employment was previously terminated due to redundancy, resulting in their employment priority when hiring for the same jobs. This legal solution is accompanied by a number of open questions, especially as the participants in public announcements and job advertisements procedures in special employment regimes enjoy the two instance internal protection in the same situation, which calls into question the effective application of the principle of equality before the law. Therefore, the article formulates proposals de lege ferenda to create conditions for effective exercise of the right to work, freedom of work, and protection against discrimination in a procedure in which a worker seeks to acquire a status that will provide him with the means of subsistence as well as an opportunity to develop his personality through work.

TYPES OF OVERWORK AND JOBS THAT CANNOT BE OVERWORKED WITHIN THE FRAMEWORK OF THE LABOR LAW NO. 4857

2021 ◽  
Vol 6 (14) ◽  
pp. 67-81
Author(s):  
Altuğ YENGİNAR
Keyword(s):  
Labor Law ◽  
Working Hours ◽  
Human Right ◽  
International Human Rights ◽  
Right To Work ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Almost All ◽  
Republic Of Turkey

The right to work has been recognized as a fundamental human right in almost all international human rights documents and in the constitutions of many countries. This right has been recognized and guaranteed as a fundamental human right also in the Constitution of the Republic of Turkey. However, not only recognizing and guaranteeing "work" as a fundamental human right but also regulating its implementation and functioning within the framework of laws is of great importance. The concept of overwork is a concept that has been mentioned in the Labor Law regarding the implementation and functioning of the concept of work and it is regulated in our Labor Law No. 4857. In order to talk about overwork, a limited working time is required. In this context, upon determining the maximum number of hours a worker can work per week by drawing a limit on working hours in Labor Law No. 4857, overwork, which is the subject of work exceeding this period, is defined. Furthermore, the types of overwork that arise depending on the reasons for overworking, as well as the jobs that cannot be overworked, are regulated in the same Law.

scholarly journals The Powers of the Court in terms of Section 7(2) of the Domestic Violence Act 116 of 1998: KS v AM 2018 (1) SACR 240 (GJ)

Obiter ◽  
2019 ◽  
Vol 40 (3) ◽  
Author(s):  
Moffat Maitele Ndou
Keyword(s):  
South Africa ◽  
Domestic Violence ◽  
Well Being ◽  
International Human Rights Law ◽  
Rights Of The Child ◽  
Legal Remedy ◽  
Wide Range ◽  
The Republic ◽  
Definition Of ◽  
The Right

The preamble of the Domestic Violence Act (116 of 1998) (DVA) recognises that domestic violence is a serious social evil and that there are high incidences of domestic violence in South Africa. The preamble further recognises that:a) victims of domestic violence are among the most vulnerable members of society;b) domestic violence takes many forms and may be committed in a wide range of domestic relationships; andc) the remedies previously available to victims of domestic violence have proved to be ineffective.The Constitution of the Republic of South Africa, 1996 (the Constitution) provides various rights that are also applicable to victims of domestic violence. The Constitution guarantees the right to dignity and to freedom and security of the person (see ss 10 and 12 of the Constitution respectively). Domestic violence against any person is a violation of these rights. The DVA further recognises that South Africa has international commitments to end violence against women and children in terms of the United Nations Convention on the Elimination of all Forms of Discrimination against Women and the Convention on the Rights of the Child. A right not to be subjected to domestic violence may not be specifically mentioned in international human rights law instruments, but freedom from all kinds of violence and the right to equality and human dignity is generally emphasised.The purpose of the DVA is to provide a legal remedy in the form of an interdict that prohibits a person from violating the rights of the complainant. In order to give effect to this purpose, section 7(1) of the DVA provides that the court may grant a protection order to protect the rights of the complainant. Section 7(2) of the DVA further grants the court the power to impose any additional conditions that it deems reasonably necessary to protect and provide for the safety, health or well-being of the complainant.In KS v AM (2018 (1) SACR 240 (GJ)), the court found that section 7(2) of the DVA empowered the court to order the seizure of the respondent’s digital equipment to remove any photograph, video, audio and/or records relating to the complainant. This case note examines the decision in KS v AM (supra) and determines whether the decision is justifiable in law. The definition of domestic violence is discussed first and thereafter the remedies available in terms of the DVA are examined. A discussion of the judgment in KS v AM (supra) follows.

scholarly journals Pengawasan Penggunaan Tenaga Kerja Asing Di Sumatera Barat

2021 ◽  
Vol 5 (1) ◽  
pp. 30-48
Author(s):  
Lerri Pattra
Keyword(s):  
Foreign Workers ◽  
Decent Work ◽  
Economic Community ◽  
Employment Opportunities ◽  
Right To Work ◽  
High Unemployment Rate ◽  
Human Need ◽  
The Republic ◽  
Asean Economic Community ◽  
The Right

The Republic of Indonesia was founded, the Indonesian people have realized that work is a human need for citizens. This is stated and mandated in Article 27 paragraph (2) of the 1945 Constitution which states that "Every citizen has the right to work and a living that is decent for humanity". This has implications for the state's obligation to facilitate citizens to obtain decent work for humanity. However, recently the use of foreign workers has become one of the main issues in Indonesia. Foreign workers are foreign nationals holding visas with the intention of working in Indonesian territory. Constitutionally, the use of foreign workers in Indonesia is regulated in Law no. 13/2003 concerning Manpower and strengthened by Law no. 25 of 2007 concerning Investment. Thus the use of foreign workers cannot be avoided because it is constitutionally very possible. Another factor that influences the presence of foreign workers in Indonesia is the agreement of the ASEAN Economic Community (AEC) which began in 2015. This has provided opportunities for the free use of foreign workers for the ASEAN region. What has always been a problem is the high unemployment rate caused by the lack of employment opportunities for Indonesian citizens.

scholarly journals Transposition of the Acquis communautaire on information and consultation of employees into the legislation of the Republic of Moldova

2021 ◽  
pp. 211-216
Author(s):  
Teodorina Goriuc ◽  
Keyword(s):  
General Situation ◽  
Work Unit ◽  
Acquis Communautaire ◽  
Association Agreement ◽  
Republic Of Moldova ◽  
Right To Work ◽  
The Republic ◽  
The Individual ◽  
The Right ◽  
Made In

Informing and consulting employees, either on the general situation of the community within the work unit, or on the particular requirements and circumstances of the execution of work by the individual is an indispensable guarantee of the proper realization of the right to work. The normative changes made in recent years, following the signing of the Association Agreement and the establishment of harmonization priorities in the acquis communautaire, serve indispensable to create a formal and procedural climate sufficient for the proper exercise of the fundamental right to work and association in labor interests. Considerably the normative gaps capable of limiting their exercise.

scholarly journals Prohibition on practicing a profession, activity or duty in the criminal law of Republic of Serbia

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Darko Dimovski ◽  
Ivan Milić
Keyword(s):  
Criminal Law ◽  
Basic Principle ◽  
Labor Law ◽  
Human Right ◽  
Protective Measures ◽  
Criminal Sanctions ◽  
Right To Work ◽  
Specific Activities ◽  
The Republic ◽  
The Right

As a basic principle, the "right to work" is guaranteed under the Constitution of the Republic of Serbia. This human right is further elaborated primarily in the Labor Law, but also in other laws that stipulate the conditions for the establishment, exercise and termination of employment. This paper emphasizes the possibility of restricting both natural and legal persons, including entrepreneurs, to practicing a particular profession, activity or duty, resulting from the imposition of criminal sanctions. The security and protective measures in the criminal law of the Republic of Serbia prohibiting the practice of specific activities are also emphasized. One of the aims is to point out the consequences of the measures imposed, which are often more severe than the sentence itself.

scholarly journals The Meaning of Regulatory Act Explained: Are There Any Significant Improvements for the Standing of Non-Privileged Applicants in Annulment Actions?

2013 ◽  
Vol 14 (9) ◽  
pp. 1851-1865
Author(s):  
Haakon Roer-Eide ◽  
Mariolina Eliantonio
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
International Treaties ◽  
Legal Remedy ◽  
Fundamental Freedoms ◽  
Charter Of Fundamental Rights ◽  
Effective Remedy ◽  
The Right

The right to an effective legal remedy is a generally accepted principle of modern legal systems and is enshrined in national constitutions as well as international treaties, such as the European Convention on Human Rights and Fundamental Freedoms. On the European Union (hereinafter EU) level, the right to an effective remedy is laid down in Article 47 of the Charter of Fundamental Rights of the European Union.

scholarly journals Specific features of the right to associate in trade unions in the republic of Azerbaijan: theoretical and practical analysis

2021 ◽  
pp. 36-41
Author(s):  
Dashqin Majid oglu Ganberov
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Trade Unions ◽  
Public Organizations ◽  
Scientific Article ◽  
Right To Work ◽  
The Republic ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

The presented scientific article examines the features of the right to associate in trade unions in the Republic of Azerbaijan. The importance of the creation and activity of trade unions in the development of civil society is substantiated. It is noted, that on the basis of the right to association, various public organizations are being created in society. Within the framework of these organizations, members of the community ensure or defend their common interests. In order to determine the place of the right to associate in trade unions, it is important to analyze the level of its compatibility with other human rights and freedoms. As you know, the right to association is closely related to such social rights as the right to work and rest. Therefore, it was advisable to first determine the relationship of the right of association with these rights. The main goal of the modern state is to ensure the well-being and free development of the individual. Therefore, we can say that in the constitutions of such states, the right to work is separately enshrined. It is important to define the relationship of the right to association with other human rights. This will form a broader understanding of the nature of the right of association. Within the framework of this scientific article, the significant place of the right to association in trade unions is determined among constitutional human rights in the Republic of Azerbaijan. The right to association creates a real opportunity for the realization of other important social and political rights. It is also noted, that the issue of the activity of trade unions is in the center of attention of researchers in many countries. Analyzing the characteristics of trade unions, it is noted, that they are important aspects of civil society. The article also examines the highlights of civil society. It is noted, that civil society consists mainly of public organizations. The level of development of civil society depends on the level of effective activity of public organizations. In this regard, trade unions occupy a special place. These and other issues are comprehensively considered in the presented scientific article.

scholarly journals The realisation of the constitutional principles - the right to good administration and the right to legal remedy - in Hungary

2018 ◽  
Vol 2 (1) ◽  
pp. 46-56
Author(s):  
Nóra Bekesi ◽  
Kitti Pollak
Keyword(s):  
Judicial Review ◽  
General Public ◽  
Constitutional Court ◽  
Constitutional Principle ◽  
Legal Remedy ◽  
Administrative Procedures ◽  
New Codes ◽  
Fundamental Law ◽  
Right To Good Administration ◽  
The Right

The paper aims to present the realisation of two procedural principles – the right to good administration and the right to legal remedy – regulated also in the Fundamental Law of Hungary, which entered into force on 1st January 2012. The right to legal remedy has been a constitutional principle since the change of regime (in 1989) and the right to good administration has been constitutionally named only by the Fundamental Law of Hungary. The actuality of the paper is the fact that in Hungary from the 1st of January 2018 completely new codes regulate the general public administrative procedures and the administrative justice. Based on these Acts, a new legal remedy system has been introduced regarding administrative decisions in which the judicial review procedures became – instead of the internal administrative appeal procedures – in most of the cases the firstly used legal remedy possibility regarding administrative decisions. After a short overview of the new legal remedy system which has been introduced regarding administrative decisions, the paper presents the constitutional basis of the right to good administration and the right to legal remedy. Finally, we analyse in detail the latest and most relevant decisions of the Constitutional Court of Hungary and some cases of the Curia of Hungary about the practice of the direct enforcement of the constitutional principles: the right to good administration and the right to legal remedy regarding administrative decisions.

scholarly journals The treatment and the realization of the female prisoners’ rights in the correctional institution for women in Pozarevac

Temida ◽  
2012 ◽  
Vol 15 (4) ◽  
pp. 45-71 ◽  
Author(s):  
Sanja Copic ◽  
Ljiljana Stevkovic ◽  
Bejan Saciri
Keyword(s):  
Social Inclusion ◽  
Prison Population ◽  
Correctional Institution ◽  
Social Contacts ◽  
Female Prisoners ◽  
Right To Work ◽  
Starting Point ◽  
The Republic ◽  
The Right ◽  
Work Education

In order to enable the development of each individual and his/her reintegration and social inclusion after imprisonment, the state is obliged to guarantee certain rights to the prisoners as well as realization of these rights: the right to work, education, health care, social contacts, support and assistance, religious rights etc. These rights are guaranteed by relevant legal acts of the Republic of Serbia. However, women have special needs and requirements in comparison to male prison population. Due to that, the treatment of female prisoners should be gender sensitive. Taking that as a starting point, the action research of the Victimology Society of Serbia, which was conducted in 2011 and 2012, aimed at getting to know what is the level of respect of female prisoners? rights in the Correctional Institution for Women in Pozarevac and to what extent gender sensitive approach is present. The results of the research are presented in this paper.

scholarly journals Perlindungan Hukum Terhadap Tenaga Kerja Asing Berdasarkan Asas Kepastian dan Keadilan

2019 ◽  
Vol 2 (3) ◽  
pp. 558-570
Author(s):  
Moch Thariq Shadiqin
Keyword(s):  
Legal Protection ◽  
Foreign Workers ◽  
Transfer Of Knowledge ◽  
Employment Relations ◽  
Legal Certainty ◽  
Right To Work ◽  
Decent Life ◽  
Approach Method ◽  
The Republic ◽  
The Right

The use of foreign workers in Indonesia is increasingly in demand by companies. The Ministry of Manpower of the Republic of Indonesia (Kemnaker) noted that throughout 2016 there were 74,183 TKA in Indonesia). The Foreign Workers are to meet the needs, skilled and professional workforce in specific fields that cannot yet be filled by workers, Indonesia and to encourage the transfer of knowledge and technology. With the normative juridical case approach method, this study conducted to analyze how legal certainty and justice related to regulation. The 1945 Constitution of the Republic of Indonesia states that every citizen has the right to work and a decent life. Consequently, citizens have the right to receive compensation and fair treatment in employment relations and the state has the constitutional responsibility to guarantee the fulfilment of the right to work (TKI) and Foreign Workers (TKA) to create legal certainty and legal protection between them.Keywords : Legal Protection, Foreign workers, Principle of Certainty and Justice. AbstrakPenggunaan tenaga kerja asing di Indonesia semakin banyak diminati oleh perusahaan. Kementerian Ketenagakerjaan Republik Indonesia (Kemnaker) mencatat bahwa sepanjang tahun 2016 terdapat 74.183 TKA di Indonesia. Tenaga Kerja Asing tersebut adalah untuk   memenuhi kebutuhan, tenaga kerja yang terampil dan professional di bidang tertentu yang belum dapat diisi oleh tenaga kerja, Indonesia serta mendorong alih ilmu dan teknologi. Dengan metode pendekatan kasus yang bersifat yuridis normative, penelitian ini dilakukan untuk menganalisis tentang bagaimana kepastian dan keadilan hukum terkait regulasi. Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 menyebutkan bahwa setiap warga negara berhak atas pekerjaan dan hidup yang layak. Konsekuensinya, warga negara berhak untuk mendapat imbalan dan perlakuan yang adil dalam hubungan kerja dan negara memiliki tanggung jawab konstitusional untuk menjamin terpenuhinya keseimbangan hak atas pekerjaan Tenaga Kerja (TKI) dan Tenaga Kerja Asing (TKA) guna tercipta perlindungan kepastian dan keadilan hukum di antara keduanya.Kata Kunci : Perlindungan Hukum, Tenaga Kerja Asing, Asas Kepastian dan Keadilan.

Sign in / Sign up

Export Citation Format

Share Document