Unloading the Judicial System in Kazakhstan? Alternative Ways of Resolving Individual Labour Disputes

The purpose of the study is to develop proposals for the modernization of the judicial form of protection of social and labour rights and interests of the individual. We are testing the hypothesis about the priority and universality of the judicial form of protection of rights in relation to other ways of applying for the restoration of violated labour interests; we assess access to justice as a criterion for the effectiveness of the judicial form of protection. The main method is a desk study of law enforcement practice, reports related to the functioning in Kazakhstan of a judicial form of protection of the social and labour rights of an individual, also the method of analysis of documents and statistical data of courts, a survey of examples of the best foreign practice in the work of specialized courts, and an analysis of international universal standards of access to justice in social and labour disputes.

Historical Traditions of the Control of Labour Legislation Compliance

The paper examines the legal framework of labour legislation compliance control from a historical perspective. It traces the stages of development regarding the control of the observance of employee labour rights in the following periods: 1) from the 1878 Liberation of Bulgaria to 1944; 2) from 1944 to the democratic changes of 1989. The importance of the right to work as a basic constitutional social right and the ways to protect it have been relevant in all historical periods of the development of the Bulgarian legal system. The socio-historical conditionality of the legal norms, protecting the labour rights of hired workers, is clarified through retrospective analysis of the normative regulation concerning the control of the compliance with labour legislation.

Supervision and control over observance of labour legislation by state labour service of Ukraine

The purpose of the article is to investigate the role of state supervision and control over compliance with labour legislation in ensuring decent work. Methodology. The research is based on the analysis and generalization of the available practical, scientific and theoretical material and the formation of relevant conclusions. The following methods of scientific cognition were used in the research: logical-semantic, system-structural, terminological, system-functional, structural-logical, normative-dogmatic, method of generalization. Results. It is established that the effectiveness of supervision and control over compliance with labour legislation is ensured by many factors: regularity, the right choice of goal, the actual elimination of violations, the presence of clear legal regulations for control and supervision. Scientific novelty. It is established that supervision and control over observance of labour legislation is an important and necessary form of protection of labour rights, freedoms and legitimate interests of employees. With the help of this form of protection of labour rights and legitimate interests of employees, the following tasks are solved: ensuring strict implementation of regulations in the field of labour; achieving the quality of implementation of decisions; timely taking measures to eliminate identified violations; identifying positive experiences and putting them into practice. The practical significance lies in the possibility of using materials in law enforcement activities - to improve the practice of applying current legislation in the field of labor rights; educational process - in the teaching of disciplines: "Labour Law of Ukraine", "Employment Protection", "Labour Rights Protection in European Union Countries".

Revisiting the Zimbabwean Unfair Labour Practice Concept

The 2013 Constitution of Zimbabwe entrenches the broad right to fair labour practices. The right is given effect to in Part III of the Labour Act (Chapter 28:01), which provides an exhaustive list of unfair labour practices which can be committed by employers, trade unions, workers' committees, and other persons. The Labour Act predates the 2013 Constitution. The constitutionalisation of the right to fair labour practices necessarily carries with it the attendant difficulties of reconciling the new rights and the pre-existing regulatory framework. This article seeks to contribute towards a practical understanding of the Zimbabwean unfair labour practice concept in the light of the constitutionalisation of the right to fair labour practices. It explores the nature and scope of the concept of unfair labour practice and examines its relationship with the constitutional right. Further, the contribution critiques the formalistic and conservative approach adopted by the Constitutional Court in explaining this relationship. The article commences with a brief discussion of the origins of the concept and its reception in Zimbabwean labour law. Following from this, the contribution critically analyses the unfair labour practice concept from statutory and constitutional perspectives. It argues for an expanded paradigm of the concept. This can be achieved if the judiciary moves away from pedantic approaches to the interpretation of labour rights. Therefore, the clarion call is for a purposive and expansive interpretation of the right to fair labour practices, which promotes constitutionalism. In addition, the contribution calls upon the legislature to reconsider the viability of the exhaustive list of unfair labour practices in Part III of the Labour Act, given the constitutionalisation of the broad right to fair labour practices.

Labour in Pandemic Capitalism

This article aims to point out some of the main destructive trends in relation to the working class that, although not caused by the covid-19 pandemic, are being widely intensified amid this health crisis. Thus, the intention is to show that the antisocial metabolism of the capital system has been developing ‘laboratories’ to experiment with labour, driven by large corporations and digital platforms, of which ‘Uberised work’ and remote working from home are examples, and that these trends have tended to expand in the post-pandemic period, further aggravating the precarious conditions of the working class on a global scale. Long working hours, intense forms of exploitation and the complete lack of labour rights constitute some of the main proofs of these precarious conditions, resulting in the elimination of large sectors of the working class that have become superfluous and disposable, thus increasing unemployment.

Malaria among Croatian seafarers between 2004 and 2014: evaluation of chemoprophylaxis use and occupational disease reporting

In Croatia, malaria was eradicated in 1964 and has since been imported, ten cases a year in average, mostly by Croatian migrant workers, seafarers in particular. About 80 % of registered cases were infected in Africa and the main reason for infection was negligence in the use of chemoprophylaxis. The aim of the study was to establish the incidence of malaria among Croatian seafarers from 2004 to 2014, how many of them took chemoprophylaxis properly, and whether malaria was acknowledged as occupational disease. To get our answers we analysed epidemiological surveys of the Croatian Institute of Public Health completed by patients and reviewed epidemiological bulletins and the national Register of Occupational Diseases. Over the investigated period, a total of 102 people fell ill with malaria, of whom 25 were seafarers. Seventeen did not take chemoprophylaxis at all and eight took them without following instructions. In addition, none of them had malaria recognised as occupational disease under Croatian law, nor is there any information that they exercised their rights in any other way. All this clearly points out that seafarers and their employers need to be informed much better about the benefits of preventive measures and their labour rights.

Work in the time of Covid-19 pandemic: challenges for didactic activity in the Republic of Moldova

The study represents an analysis of the pandemic impact on working conditions of teachers employed in general primary and secondary education institutions in the Republic of Moldova. The analysis is based on an opinion poll carried out among the didactic staff and relates the working conditions during the pandemic to the provisions stipulated in the International Covenant on Economic, Social and Cultural Rights, as well as those in the Constitution of the Republic of Moldova. The poll results denote the fact that the working conditions of the didactic staff have changed for the worse during the pandemic, having aggravated some chronic problems of Moldovan education, whereas exercising labour rights in conformity with international and constitutional engagements implies rationalization of work and providing necessary remuneration for a decent life.