REGULATION OF CIVIL LAW EMPLOYMENT OR EMPLOYMENT LAW?

Performance of work on a basis other than an employment relationship takes various forms. Predominantly, it takes place based on civil law relationships, which are characterised by the principle of freedom of contract, which results in the possibility of freely shaping the content of any such legal relationship. However, recent years are marked by a gradual increase in regulations of employment other than based on contracts of employment, i.e. based on civil law contracts. Introducing a minimum hourly wage, limiting employment in trade on Sundays and public holidays, providing temporary work under civil law contracts or the much earlier widespread granting of employment rights to contractors in the putting-out system and, above all, granting the right to safe and hygienic working conditions to everyone who performs work justifies asking questions about future developments.

EUROPEAN AUTONOMOUS EMPLOYEE DEFINITION. A REASON FOR A DISCUSSION OVER DEVELOPMENT OF EMPLOYMENT RIGHTS

For many years, there has been a discussion in the study of Polish labour law on the legitimacy of replacing labour law with employment law as a broader category, including also people who perform paid work on other grounds. The implementation of Directive 2019/1152 on transparent and predictable working conditions in the European Union should also cover a wider group of people performing paid work. The EU legislator, when defining the subjective scope, refers to the autonomous EU definition of an employee created by the CJEU, which is broader than many national definitions. Despite the objections raised against the concept of employment law, the implementation of the directive may be a step towards building a new field of law, just as the extension of the subjective scope of the Act on Trade Unions contributed to the creation of collective employment law.

Policy Implementation of Employment Opportunity for Persons with Disabilities in Pekanbaru City Government Agencies

The employment opportunity policy for persons with disabilities is a policy established by the Government which aims to provide employment opportunities and create employment opportunities for persons with disabilities in order to create equal employment rights between persons with disabilities and normal society so that discrimination against persons with disabilities is eliminated. This study aims to look at the implementation of employment opportunities policies for persons with disabilities in Pekanbaru City and the factors that influence the implementation of these policies. The research method used is descriptive qualitative, data collection techniques using interviews, observation, and documentation. This study uses the theory of policy implementation according to Merilee S. Grindle which consists of two indicators that affect the performance of public policy implementation, namely indicators of policy content which include the interests of the target group, types of benefits, degree of desired change, location of decision making, program implementers, resources involved, and indicators of the implementation environment consisting of the powers, interests, and strategies of the actors involved; characteristics of institutions and authorities; compliance and responsiveness. The results of this study are the finding of deficiencies that must be considered to be improved, namely in the aspect of implementing responsiveness (lack of socialization) so that policy implementation has not run optimally in Pekanbaru City. Researchers also found several factors that influence the implementation of this policy in Pekanbaru City, namely the objectives of the policy, human resources, economic conditions, as well as the response and participation of the target group.

“Illicit drive-through sex”, “Migrant Prostitutes”, and “Highly Educated Escorts”: Productions of ‘acceptable’ sex work in New Zealand news media 2010 – 2016

<p>In 2003 New Zealand passed the Prostitution Reform Act, decriminalising sex work and associated activities. This thesis examines news media representations of sex work and workers from 2010 to 2016 to determine how these texts construct sex work in a post-decriminalisation environment. The key questions this thesis considers are: which sex workers are presented by journalists as acceptable, and what conditions are attached to that acceptability? Using media studies frameworks to analyse the texts, this thesis demonstrates that in a decrimininalised environment the media plays a regulatory role, with the power to dictate what modes of sex work are acceptable largely shifting away from the courts. In the absence of a debate about the il/legality of sex work, a different kind of binaristic construction emerges, frequently related to public visibility or invisibility. This thesis uses discourse analysis techniques to examine texts relating to three key media events: the repeated attempts legally restrict where street sex workers could work in South Auckland, texts about migrant sex workers around the time of the Rugby World Cup, and texts about independent or agency-based sex workers. My methodology involved examining the texts to establish who was situated as an expert through discourse representation, what words were used to describe sex workers and their jobs, and then discerning what narratives recurred in the texts about each event. My analysis indicates that in a decriminalised environment news media representations of sex work afford acceptability to those who are less affected by structural oppressions: predominantly young, white, cisgendered, middle or upper-class women who see few clients and work indoors. However, for workers who fall outside these bounds news reports continue to reproduce existing sex work stigma. I highlight how racism and transmisogyny frequently play into news representations of sex work, even under a framework of decriminalisation, in ways that serve to avoid acknowledging the work of (some) sex workers as legitimate labour, and how transmisogyny is used in attempts to exert and justify bodily control over sex workers. By considering how these representations function to undermine the legitimacy of the work, this thesis demonstrates the ways news media functions as a site at which stigma about sex work is produced, reinforced, or validated for a non-sex working audience. Additionally, this thesis argues that the ways acceptable sex work is produced are predicated on agency and independent workers’ performance of choice and enjoyment, requiring the actual labour involved in sex work to be obscured or minimised. This obfuscation of the “work” of sex work makes it more difficult to advocate for improved employment rights and conditions, which is heightened due to the advertorial function of some news media texts. Furthermore, the ways in which sex workers’ narratives are constructed is also indicative of which workers are or are not acceptable: only certain workers are permitted to speak for themselves, and frequently only when their accounts are supported by other, non-sex working, voices. This thesis therefore concludes that while news media represents some limited forms of sex work as acceptable, the ways in which this is discursively achieved restrict the ability of workers to self-advocate. Furthermore, even workers represented as acceptable are in a precarious position, with this acceptability being mediated by their ability or willingness to adhere to specific, heteronormatively mediated, identity categories, and to inhabit a specific enthusiasm in their voiced feelings about their work.</p>

“Illicit drive-through sex”, “Migrant Prostitutes”, and “Highly Educated Escorts”: Productions of ‘acceptable’ sex work in New Zealand news media 2010 – 2016

<p>In 2003 New Zealand passed the Prostitution Reform Act, decriminalising sex work and associated activities. This thesis examines news media representations of sex work and workers from 2010 to 2016 to determine how these texts construct sex work in a post-decriminalisation environment. The key questions this thesis considers are: which sex workers are presented by journalists as acceptable, and what conditions are attached to that acceptability? Using media studies frameworks to analyse the texts, this thesis demonstrates that in a decrimininalised environment the media plays a regulatory role, with the power to dictate what modes of sex work are acceptable largely shifting away from the courts. In the absence of a debate about the il/legality of sex work, a different kind of binaristic construction emerges, frequently related to public visibility or invisibility. This thesis uses discourse analysis techniques to examine texts relating to three key media events: the repeated attempts legally restrict where street sex workers could work in South Auckland, texts about migrant sex workers around the time of the Rugby World Cup, and texts about independent or agency-based sex workers. My methodology involved examining the texts to establish who was situated as an expert through discourse representation, what words were used to describe sex workers and their jobs, and then discerning what narratives recurred in the texts about each event. My analysis indicates that in a decriminalised environment news media representations of sex work afford acceptability to those who are less affected by structural oppressions: predominantly young, white, cisgendered, middle or upper-class women who see few clients and work indoors. However, for workers who fall outside these bounds news reports continue to reproduce existing sex work stigma. I highlight how racism and transmisogyny frequently play into news representations of sex work, even under a framework of decriminalisation, in ways that serve to avoid acknowledging the work of (some) sex workers as legitimate labour, and how transmisogyny is used in attempts to exert and justify bodily control over sex workers. By considering how these representations function to undermine the legitimacy of the work, this thesis demonstrates the ways news media functions as a site at which stigma about sex work is produced, reinforced, or validated for a non-sex working audience. Additionally, this thesis argues that the ways acceptable sex work is produced are predicated on agency and independent workers’ performance of choice and enjoyment, requiring the actual labour involved in sex work to be obscured or minimised. This obfuscation of the “work” of sex work makes it more difficult to advocate for improved employment rights and conditions, which is heightened due to the advertorial function of some news media texts. Furthermore, the ways in which sex workers’ narratives are constructed is also indicative of which workers are or are not acceptable: only certain workers are permitted to speak for themselves, and frequently only when their accounts are supported by other, non-sex working, voices. This thesis therefore concludes that while news media represents some limited forms of sex work as acceptable, the ways in which this is discursively achieved restrict the ability of workers to self-advocate. Furthermore, even workers represented as acceptable are in a precarious position, with this acceptability being mediated by their ability or willingness to adhere to specific, heteronormatively mediated, identity categories, and to inhabit a specific enthusiasm in their voiced feelings about their work.</p>

PENYULUHAN DALAM MENINGKATKAN USAHA MIKRO, KECIL DAN MENENGAH (UMKM) MASYARAKAT DESA PAMEKARAN KECAMATAN BANYUSARI KARAWANG

Covid-19 memiliki dampak yang besar untuk masyarakat menengah ke bawah, karena perekonomian menurun dan juga banyak pengurangan hak kerja (phk) bagi para pegawai di perusahaan/pabrik. Banyak pedagang kaki lima yang tidak bisa berjualan dengan normal karena adaanya wabah virus corona dan kekurangan mata pencaharian, dan jasa ojek online pun tidak bisa beroperasi seperti biasa karena adanya aturan PSBB dan beberapa orderan jasa yang menurun karena adanya social distancing. Pemerintah sudah berusaha maksimal dalam membantu masyarakat yang kekurangan dengan memberikan bantuan sosial berupa sembako dan bantuan lainnya. Pemerintah pun telah memberikan kelonggaran untuk membayar kredit, pajak dan keringanan tagihan listrik. Masyarakat dan pemerintah perlu bekerja sama dalam memerangi covid-19, agar perekonomian indonesia dapat membaik.Kata Kunci : Covid-19 , PSBB , Social Distancing Covid-19 had a great impact for the lower middle society, as the economy declined and also much reduction in employment rights (phk) for employees in companies/factory. Many street vendors cannot sell normally due to the presence of corona virus outbreaks and lack of livelihoods, then even online ojek services cannot operate as usual due to the presence of PSBB rules and declining service order due to the presence of social distancing. The government is already trying to utmost in helping the deprived public by providing social aid in the form of a sembako, etc. Then the government also provided credit-paying leeway, taxes were also borne by the government, and the leniency of electricity bills. The public and government need to cooperate in combating covid-19, in order for the economy of indonesia to improve.Keywords : Covid-19 , PSBB , Social Distancing

Challenging the “Hierarchy of Nationhood”: Diasporic Entitlement and the Case of Korean Chinese (Chosŏnjok) in South Korea

With about 7.5 million people, the Korean diaspora is concentrated in China, Japan, North America, and the former Soviet Union. Since the 1990s, many ethnic Koreans have been “returning” to South Korea, their putative ethnic homeland. Significantly, their treatment by the state has been unequal: On issues of residency and employment rights, ethnic Koreans from China (Chosŏnjok) and the former Soviet Union were relegated to second-class status compared to those from North America. This inequality is encapsulated in the phrase, used by a number of scholars, the “hierarchy of nationhood.” Surprisingly, perhaps, the Chosŏnjok community challenged this unequal treatment by asserting rights based on colonial victimhood, ethnic sameness, and cultural authenticity. While such expressions of entitlement are not unusual among marginalized diasporic groups, the Chosŏnjok achieved something remarkable, namely, they succeeded in gaining political and economic rights initially denied by the Korean state. Simply put, they successfully challenged the hierarchy of nationhood. Using a discursive institutional framework, we endeavor to explain how and why entitlement claims by the Chosŏnjok were effective. More specifically, we argue that the struggle by Chosŏnjok to overturn the hierarchy of nationhood had little to nothing to do with a coercive, dyadic power struggle against the Korean state, but was instead a fundamentally discursive struggle, which itself is a product or reflection of discursive agency, both on the part of Chosŏnjok but also, crucially, on the part of their key allies—religious leaders and civic organizations—in South Korea.

A Qualitative Study on the Psychological Experience of Elder Women With Second Child

Objective: To explore the psychological changes that may take place in older women with a second child from conception to birth. The study has several aims, including the provision of protection of the overall health level of these women; the maintenance of women's position in the labor market; and the promotion of the implementation of the "comprehensive two-child" policy.Methods: Semi-open interviews were conducted on older women pregnant with their second child. These women were recruited from three tertiary hospitals in one province in western China. The interview content was analyzed using the qualitative research method of Japanese scholar Kinoshita Yasuhito's revised version of grounded theory.Results: Four themes were extracted from the psychological experience of the older women with a second child; these were: Life choice; The mixed feelings of motherhood; The backbone of a family; Second children should be cautious.Conclusion: older women with a second child face physical, psychological, life, and other pressures. To ensure the implementation of the "comprehensive two-child" policy, the Chinese government should speed up the establishment of a fertility support system, including education, medical investment, women’s employment rights protection, and pension burden. Establish and improve relevant policies.

Problematyka imperium Państwowej Inspekcji Pracy na przykładzie wystąpienia inspektora pracy

The labour inspector’s statement constitutes a non-statutory form of enforcing labour rights. In this context, we can see a variety of problems related both to the impact of the legal measure itself, appealing against it, as well as to the role it plays in ensuring compliance with employment rights. The jurisprudence and literature to date indicates explicitly that the employer’s failure to comply with the content of the labour inspector’s speech does not give rise to any negative legal consequences. Nevertheless, employers who do not agree with the solutions recommended by the authority through the labour inspector’s speech perceive this specific measure as a special type of decision. The decision itself, in turn, seems to be a natural manifestation of the state, the authority indicating to the subject of law the individual directions of its behaviour. However, this is, in fact, a different act. The article doubts the implementation of the model of labour supervision and control assumed by the legislator in the light of the measure outlined in the labour inspector’s speech. As a result, allowing this measure to be left to the inspector’s discretionary use may lead to the reinforcement of the feeling of a lack of efficiency on the part of the state bodies in the field of protection of workers’ rights, especially that the cases of its use are an open catalogue, which includes issues such as working time or the employment of young people. In order to better understand these trends, two examples are discussed where the National Labour Inspectorate had an impact on situations of a gross violation of labour law standards. A de lege ferenda direction has also been indicated, which means the creation of the institution of “re-inspection” of the employer. The existence of a non-authoritative “recommendation”, which is a statement by the labour inspector, is in fact a manifestation of the implementation of Article 17, paragraph 2 of the ILO Convention No. 81, which would not be incompatible with the consequence in the form of addressing a statement.

3. Pay

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on employee wages. An employer may be required to pay wages even if there is no work for the employee to do. Part II of Employment Rights Act 1996 deals with the protection of wages. The National Minimum Wage Act 1998 (NMWA) provides a minimum hourly wage for workers. A higher minimum wage for those over 23 (until 2021, this was 25), the National Living Wage, was introduced in 2016.