El Derecho a la Intimidad y a la Protección de Datos Personales en el Ámbito Laboral

The balancing function, between worker and employer, of the fundamental rights in the field of the labor relationship is analyzed, while emphasizing that the right to privacy is not an unlimited right, but that it can yield to other constitutional rights. Likewise, the right to the protection of personal data is studied – distinguishing it from the right to personal privacy – which aims to guarantee the freedom of the individual in relation to their self-determination regarding the processing of their personal data by third parties.

INFLUENCE OF LABOR LAW DOCTRINE ON DEVELOPMENT OF LABOR LEGISLATION

The article is devoted to the analyses of influence of labor law doctrine on development of labor legislation. It is stated that labor law doctrine is primary source of law in following cases: (a) enshrined in legislation of legal norms; (b) resolving legal cases in practice, particularly in judicial bodies. It is emphasized that the labor law doctrine has been forming and developing during process of analyses of (a) international legal norms and current legislation of the country and foreign countries; (b) domestic court practice and practice of European Court of Human Rights; (c) real relationship in the sphere of labor, which comply with the conditions of social and economic development of the country; (d) obtained in the past knowledge about the nature and regularity of development labor relationship and closely related relationship. It was concluded that the labor law doctrine as sectoral legal doctrine is logical continuation of legal doctrine in the government simultaneously exactly at the level of sectoral doctrine of law, legal ideas of modernity, which has the abstract character in the sphere of socially useful work, acquire the qualitatively new expression with its maximum adaptivity to implementing particular type of relationship in the sphere of labor.

Nexus of self-organization: the expansion of collective responsibility networks among boatmen in nineteenth-century Chongqing

This article investigates the collective responsibility organizations among boatmen in nineteenth-century Chongqing, when the city became one of the most important metropolises on the southwest Qing frontier. It also introduces two successive turning points in self-organization that were associated with two different classes of boatmen – skippers and sailors. First, in 1803, skippers gained the authority to institutionalize their organizations through their negotiations with the local state regarding official services and service fees. Second, when similar service and fiscal tensions emerged between skippers and sailors in the mid-nineteenth century, the skippers facilitated and supervised the institutionalization of collective responsibility organizations that were run by the sailors themselves. By contextualizing this expansion of collective responsibility organizations within the multilayered interactions between skippers and sailors, this article proposes that the perspective of interclass networks is crucial for deepening the study of state−society interactions, the capital−labor relationship, as well as the tension between imperial integration and regional diversity in early modern China.

Decent Work for Domestic Workers in Argentina

Informality characterized domestic work in Argentina. Only 24% of domestic workers are formal workers. Therefore, informality became the target for transforming domestic work into “decent work,” following the International Labor Organization’s agenda. Looking at three different state institutions participating in this transformation—the Argentine Congress, National Tax Agency and Domestic Work Tribunal, this article seeks to understand how the notion of informality and the conceptualization of this particular labor relationship condition institutional responses. Thus, the article shows that in order to expand domestic workers’ rights, the three institutions focus on one particular working-time arrangement: full-time work. As a result, domestic workers working a few hours per week for several employers do not access the same protections, and are only marginally included within the scope of the law. For them, decent work seems to be unattainable.

Repercussion of palliative care on survival in patients with High-grade Glioma

Aim: To determine the influence of education in early neuro-palliative care, on the survival of patients diagnoses with high-grade glioma, to evaluate the overload associated with the care of such patients. Method: was an observational, cross-sectional, descriptive, and exploratory study in 52 patients and caregivers with High-grade glioma tumors as the pathological diagnosis, treated at the Institute of Neurology and Neurosurgery of Havana from January 2019 to January 2020. Results: The care provision system was in charge of family members in 51.9% of the patients, predominantly female in this task; 45 (86.7%), 42.2% of which maintained a labor relationship, with a mean age of 53.9 years. The Zarit test was applied in the 52 caregivers, intense overload was recorded in 33 (63.5%), mild in 10 (19.2%) and no overload in 9 (17.3%). Patients in whom their caregivers received education in palliative care at the time of HGG diagnosis had 57.1 more days of survival, unlike those who received it in the period of neurological deterioration (241.7 vs 184.6 days). Survival time was influenced by the record of caregiver burden. Conclusion: The overall survival life time was directly related to the caregiver's education in palliative care and the time it was received, early palliative care education, could influence prolonging life.

Arrangements of Employer-Labor Conflicts With Game Theory: Implementation of Islamic Ethic Value

Employer-labor conflicts are sometimes eternal and challenging to solve. Game theory is one of the essential ideas in settling these conflicts. Furthermore, employer-labor interactions in conflict situations are strategic. In case the employer-labor relationship is non-cooperative, taking place only once, both parties are involved in a prisoner's dilemma situation. In cooperative game theory, the players work together to win the game. Organizational management needs to consider strategic behavior, built-in cooperative games, effective and efficient collaboration between workers and employers. This study examines employer-labor conflict resolution with game theory. It incorporates Islamic ethical values using qualitative research methods. Cooperative games built on employer-labor relations derive from the brotherhood principles (ukhuwah), justice ('adl), and goodness (ihsan) that maximizes cooperation and prevent conflicts.JEL Classification: C70, J01, Z12How to Cite:Najma, S., Ramadhan., & Desky, H. (2020). Arrangements of Employer-Labor Conflicts with Game Theory: Implementation of Islamic Ethic Value. Etikonomi: Jurnal Ekonomi, 19(2), xx – xx. https://doi.org/10.15408/etk.v19i2.15614.

Four Patterns in the Evolution of Dismissal and Resignation: An Epitome of the Labor Law Regime during Forty Years of Reform and Opening Up

Dismissal and resignation as well as dissolution and termination are two pairs of associated and important concepts for us to understand the ending regime of China’s labor relationship. Facing the paradox in the development of labor market, these four concepts are combined with the propositions of autonomy and governance. During the era of reform, they have been combined into four types of systematical patterns: the equivalent of dismissal and resignation, the correspondence between dismissal and resignation, the opposition between dismissal and resignation, and the comparison of dismissal and resignation. From the wandering of labor law-making between “separation” and “unification,” we can see the difficulties of balancing the governance and autonomy in social law. As we are again at the crossroads of reflecting back and looking forward, investigating the logic of the evolution and historical performance of these four patterns will not only help us to better understand the current features of China’s labor market system, but also lay the theoretic foundation for its development in the next decade.

Endogenous Economic Growth: The Arrow-Romer Theory and a Test on Vietnamese Economy

The Arrow-Romer growth model helped to overcome the main drawback of the Solow-Swan model, where technical change is created exogenously, not by the firms making decisions, and formulated the conditions for endogenous growth in an economy. Nonetheless, the presentation of the Arrow-Romer model and corresponding empirical studies by the Cobb-Douglas functions hides the role of the capital-labor relationship for economic growth. A constant elasticity of substitution (CES) function, constructed by Arrow et al. (1961), allows solving this problem. So, the purpose of the current research is to test the endogenous growth of the Vietnamese economy, which has experienced a more than 30-year market-oriented reform through specifying an aggregate CES function. By applying Bayesian nonlinear regression, the research results revealed the elasticity of factor substitution (ES) lower than one. This work theoretically and empirically contributes to the endogenous growth theory in problems concerned with emerging economies. Investments in physical and human capital and technological progress are the determinants of endogenous growth. From the findings obtained, the author concludes that even though having achieved a rather impressive growth rate over more than three decades, the Vietnamese economy has not yet generated the possibility of endogenous growth, and suggests that endogenous growth can be hardly generated in emerging economies like Vietnam if important growth policies related to accumulation of physical and human capital as well as enhancement of R&D activities are not simultaneously implemented. It is indispensable to focus on substantially improving institutional quality.