labour legislation
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2022 ◽  
pp. 33-56
Author(s):  
Plamena Nedyalkova ◽  
Darina Dimitrova ◽  
Hristosko Bogdanov

This chapter examines the legal and financial control issues regarding compliance with labor legislation. On the one hand, the legal analysis shows that legislation is one of the main factors influencing the financial control practice for compliance with labour legislation. On the other hand, the problems and specifics of the control procedures applied by the General Labor Inspectorate Executive Agency in Bulgaria are presented. The overall inspection process is presented sequentially, analyzing the individual stages that the control procedures go through. The problems and the specifics of carrying out an independent inspection activity by the agency are presented, and the peculiarities of carrying out joint control activities with executive bodies or their administrative structures by the specialized administration are examined. Different types of factors that influence the implementation of control procedures by the General Labor Inspectorate Executive Agency in Bulgaria are considered.


2022 ◽  
Vol 131 ◽  
pp. 01005
Author(s):  
Olga Rajevska ◽  
Agnese Reine ◽  
Diana Baltmane

The study bases on the SHARE Wave 8 COVID-19 Survey conducted in June-August 2020 in 26 European countries and Israel via CATI. The association between health status of older workers and their involvement into labour market in Latvia is the strongest in Europe. In the short term, the first wave of the infection outbreak affected the employment of older population in the Baltic States to much lesser extent than in most of participating countries. The proportion of those workers who experienced unemployment, lay-off or closure of business, as well as changes in the number of working hours was considerably lower than average values. The branches with traditionally high share of older workers (education, healthcare, agriculture, administrative services) were least affected by lockdown measures. Remote work from home in the Baltic States as well as combining work from home with usual work place was lower than the European average. The existing labour legislation in Latvia does not ensure sufficient protection of workers’ rights and health in the situation of remote work.


2021 ◽  
Vol 10 (4) ◽  
pp. 42-65
Author(s):  
Cleopas Fore ◽  
◽  
Wilfred Ukpere ◽  

Globalisation led to the reduction of barriers between countries and intensified international interdependency such that developments unfolding in a faraway country now affect the rest of the world in economic, political and social aspects (Giddens, 1990). The Zimbabwean labour market and its national labour legislation has not been spared from the impact of globalisation. Zimbabwean labour legislation had had several amendments from its inception in 1985 to date. The amendments done at each epoch had caused serious outcry from both labour and business with the main accusations arising from unions who claimed that the effects of globalisation and government’s desire to lure foreign direct investment (FDI) led to serious bias towards employers. It is against this background that this article’s objective is to interrogate the impact of globalisation on labour legislation for employers. The article adopted a qualitative paradigm and made use of interviews and participants' memoirs to understand this phenomenon. Results were analysed thematically by use of both Nvivo 10 and manual coding. Results showed that globalisation has impact on labour legislation for employers. Foreign direct investment and special economic zones were identified as drivers of globalisation responsible for positive impact on labour legislation for employers by influencing deregulation of unfriendly employment laws, instituting flexible contract of employment, easy termination of contracts of employment and giving immunity from dictates of the labour laws for employers operating in special economic zones. The positives of globalisation for employers resulted in direct negatives for employees. The article recommends that employers need to put into context both globalisation dynamics and dictates of the labour legislation to ensure employee dignity and fair globalisation


Author(s):  
Katarzyna Sklinda ◽  
Jolanta Karpowicz ◽  
Andrzej Stępniewski

(1) Background: It has been hypothesised that a significant increase in the use of cardiac magnetic resonance (CMR), for example, when examining COVID-19 convalescents using magnetic resonance imaging (MRI), has an influence the exposure profiles of medical personnel to static magnetic fields (STmf). (2) Methods: Static exposure to STmf (SEmf) was recorded during activities that modelled performing CMR by radiographers. The motion-induced time variability of that exposure (TVEmf) was calculated from SEmf samples. The results were compared with: (i) labour law requirements; (ii) the distribution of vertigo perception probability near MRI magnets; and (iii) the exposure profile when actually performing a head MRI. (3) Results: The exposure profiles of personnel managing 42 CMR scans (modelled using medium (1.5T), high (3T) and ultrahigh (7T) field scanners) were significantly different than when managing a head MRI. The majority of SEmf and TVEmf samples (up to the 95th percentile) were at low vertigo perception probability (SEmf < 500 mT, TVEmf < 600 mT/s), but a small fraction were at medium/high levels; (4) Conclusion: Even under the “normal working conditions” defined for SEmf (STmf < 2T) by labour legislation (Directive 2013/35/EC), increased CMR usage increases vertigo-related hazards experienced by MRI personnel (a re-evaluation of electromagnetic safety hazards is suggested in the case of these or similar changes in work organisation).


De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Darina Dimitrova ◽  

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.


Author(s):  
Iryna agutina

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".


Pro Memorie ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 149-179
Author(s):  
Jasper Van de Woestijne

Abstract In Belgium, the administration of justice with regard to labour law is in the hands of specialised courts, staffed by a combination of professional and lay judges. This has historical roots. An important step in the evolution of these courts is the establishment of the ‘werkrechtersraden van beroep’ (‘conseils de prud’hommes d’appel’). From their creation in 1913 until their reform in 1967, these councils were the highest authority in Belgium to settle disputes on the work floor and consequently the highest interpreter of labour legislation. The institution constantly balanced on the remarkable interface between law and labour. In this contribution, a fact check is carried out to see how this balance worked in practice. An exceptional episode are the periods in which this system was placed under tension. Therefore, this contribution pays special attention to the case law pronounced by the werkrechtersraad van beroep of Ghent in the crisis-ridden period 1935-1950.


2021 ◽  
Vol 24 (4) ◽  
pp. 86-104
Author(s):  
M. M. Sulphey ◽  
Awad Ali Alanzi ◽  
Martin Klepek

Labour legislations provide guidelines to prevent unfair labour practices and organizational injustice. All employment and labour laws propose standards regarding wages, wellbeing, safety, and equitable treatment, which reduces conflicts. However, informational imbalances between employers and employees prevent employees from having adequate knowledge about labour legislation. Consequently, some employers treat employees inconsistently and that could be detrimental to them. A practical solution to this problem is making employees aware of the provisions of labour laws. As an initial step towards this, there is a definite need to assess employees’ awareness regarding labour laws. Nevertheless, there is a lack of a standardized tool to measure the knowledge level of labour legislation, which has impaired empirical examinations. Using randomly collected 346 samples from two different types of industries, the present study constructed and validated a tool to measure labour law knowledge. The study has followed a simple scale development framework consisting of item generation, scale development, and psychometric evaluation. The measurement tool has been developed using exploratory and confirmatory factor analysis. The final questionnaire consists of 17 items under four factors, exhibited significant reliability and validity. The developed tool is expected to fill the gap in the literature and stimulate further empirical research. The study also examined the difference in the knowledge level based on the demographics of the sample. The results show a significant difference between the knowledge levels based on gender, citizenship, type of industry, and qualifications. Future research directions are proposed at the end of the paper, together with the limitations of this study.


10.23856/4623 ◽  
2021 ◽  
Vol 46 (3) ◽  
pp. 179-189
Author(s):  
Anna Sydorenko ◽  
Inna Polkhovska

The paper presents an analysis of the international standards governing child labour. It is determined that the right to work is every able-bodied person’s inalienable and indispensable right. Under current conditions of social development, the issues of legal regulation of labour of specific categories of workers are becoming of vital importance. It is proved that their regulation is based on differentiation which is defined by the extension of children rights. It is researched that in legislation of most countries, regulation of child labour is allocated in a separate institute whose rules, to a greater extent, correspond to international standards. It is determined that all countries should take measures to protect children’s rights and freedoms in the exercise of their right to work. It is proved that the acts of the European Union contain a specified list of children’s rights which should be the basis for developing and enhancing national labour legislation. It is determined that labour law, as well as any field of law, is distinguish by unity and differentiation. Unity is characterized by spreading labour law rules for all workers without exception, and differentiation of legal regulation of labour is characterized by the specification of the rules governing labour of specific categories of workers. It is investigated that differentiation of child labour is based on a subjective feature and is determined by the age, physiological, psychological and social factors. It is determined that differentiation of labour of this category of workers implies providing them with additional social and labour guarantees, as well as the use of restrictions and prohibitions when performing certain types of work. It was researched that the main criterion for child labour is differentiation of their age and working conditions. Their basic requirements are established by international rules and implemented in the national legislation.


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