labour discrimination
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2021 ◽  
Vol 13 (19) ◽  
pp. 10710
Author(s):  
Marco Antonio Cruz-Morato ◽  
Josefa García-Mestanza ◽  
Carmen Dueñas-Zambrana

Background: Low-quality jobs, long working hours and difficult scheduling of hours have been usually reported in the hotel industry. The situation is more difficult for people with disabilities (PWD), even more in the COVID-19 crisis, especially in terms of labour inclusion (due to the labour discrimination usually suffered by this collective). Thus, Special Employment Centres (SEC) have been created in Spain to spread protected employment of PWD. Although they are improving the situation in the short term, the long-term impact developing sustainable employment is not clear. The objective of this paper is to analyze the Spanish situation, the possible differences between sheltered employment and the ordinary labour market, how SEC could be improving (or not) their labour situation in the hotel sector in the long term, and the potential of incorporating Corporate Social Marketing to overcome the problem. Methods: A content bibliographic analysis has been carried out according to the latest research about this topic, using a ProKnow-C methodology. Results: There seems to be two different groups of papers (supply and demand sides), being the supply side one (focused on HR practices about PWD inclusion and managers’ perceptions of workers with disabilities) more related to our research objective. Furthermore, few articles were found about SEC and Corporate Social Marketing in relation to this topic, highlighting the originality of this research approach. Conclusions: According to our bibliographic portfolio, the presence of labour discrimination in the regular market is more evident; and, in the long term, two opposite situations could be happening simultaneously: (a) SEC would be reinforcing the social stigma, hindering the labour situation of PWD; (b) SEC could be changing the social perspectives of clients and all society in a positive manner. Therefore, it would be necessary to go in-depth into the present subject, from an academic but also practical perspective, incorporating an innovative Corporate Social Marketing approach in order to shed new light on this issue and improving effective sustainable employment of PWD.


2021 ◽  
Vol 4 (3) ◽  
Author(s):  
Ivan Antonio Rodríguez Cardo

The aim of this paper is to provide a first approach to the possible discriminatory nature of the employer's decisions motivated by the refusal of the employee to be vaccinated against COVID (or by the decision of being vaccinated, even if those situations are rare). This is a sensible issue, because Labour Law does not usually provide a straightforward answer and fundamental rights are at stake (health, privacy, equality and non-discrimination and even the right to protection of personal data).


Author(s):  
María Amparo Ballester Pastor

 Resumen. El artículo es un comentario crítico del contenido y alcance del recientemente aprobado RDL 6/2019 para la garantía de la igualdad de trato y de oportunidades entre mu­jeres y hombres en el empleo y la ocupación. La valoración positiva que, en general, la norma merece, se basa simplemente en su mera aprobación, que refuerza la idea de que la cuestión de la igualdad efectiva entre hombres y mujeres en el trabajo requiere medidas específicas. Sin embargo, el análisis detallado de los preceptos del RDL 6/2019 que se realiza en el trabajo conduce a la autora a la conclusión de que la mayoría de sus contenidos son insuficientes y que queda pendiente una reforma global y efectivamente transversal susceptible de avanzar efec­tivamente en el ámbito laboral entre mujeres y hombres. Las insuficiencias se hacen evidentes en el tratamiento que la norma otorga a los planes de igualdad, el permiso para el cuidado del lactante, los permisos parentales, la adaptación de la jornada o el fondo de apoyo a la depend­encia. El aspecto más interesante de la norma es la protección que configura frente al despido sin causa, aunque constituye fundamentalmente la transposición al ordenamiento español de la doctrina del TJUE. El permiso de nacimiento que crea el RDL 6/2019 unificando los antiguos permisos de maternidad y paternidad es objeto de especial atención en el artículo, en el que se destaca la necesidad de que el ordenamiento español establezca medidas más comprometidas para avanzar en la corresponsabilidad entre hombres y mujeres.Palabras clave: discriminación laboral, discriminación por género, legislación antidis­criminatoriaAbstract. This paper is a critical commentary on the content and scope of the recently approved Royal Decree 6/2019 for the guarantee of equal treatment and opportunities be­tween women and men in employment and occupation. The positive assessment that, in general, the Royal Decree deserves, is based simply on its mere approval, which reinforces the idea that the issue of effective equality between men and women at work requires specific measures. However, the detailed analysis of the articles of the RDL 6/2019 that is carried out in the work leads the author to the conclusion that the majority of its contents are insufficient and that a global and effectively transversal reform is still pending, capable of effectively ad­vancing in the workplace equality between women and men. The insufficiencies are evident in the treatment that the Royal Decree grants to the equality plans, the permission for the nursing care, the parental leave, the adaptation of the working day or the dependency support fund. The most interesting aspect of the Royal Decree is the protection it sets against dismissal without cause, although it is fundamentally the transposition to the Spanish legal system of the doctrine of the CJEU. The birth permit created by RDL 6/2019 unifying the old maternity and paternity leaves is given special attention in the article, which highlights the need for the Span­ish legal system to establish more committed measures to advance in the co-responsibility between men and women.Keywords: labour discrimination, gender discrimination, non-discriminatory legislation.


Author(s):  
Imola Cseh Papp ◽  
Norbert Bozsik ◽  
Erika Varga

Purpose – The purpose of our exploratory research was to get acquainted with the socio-demographic characteristics, motivations, workplace conditions and social participation of foreign workers from different Central and Eastern European countries to London. Design/methodology/approach – The survey was conducted as a questionnaire in London, in English and Hungarian. The sample (n = 307) is based on individuals coming from different countries to London who are legally working. The pattern came through personal relationships. Examining the characteristics of the examined sample with descriptive statistics and the relationship between the examined quality variables were analysed by a Chi-square test. The investigation is primarily exploratory, but it also reveals some cause and effect relationships. Findings – Our study gives an overview of the motivation, characteristics and integration of the Central-East European employees in England in a theoretical and empirical context and publishes the main findings of the examinations on integration. In general, it can be stated that social integration was achieved to a certain extent in the case of the examined sample. The research and analysis are justified by the globalisation of the labour market and the increasing transnational migration. Research limitations/implications – The review aims at detail and thoroughness, but it is not complete. The findings at the end of the analysis are rather thought provoking, but we hope that we can also contribute to scientific and everyday discourse on migration. Practical implications – The conclusions of the study provide an adequate framework for the development of a rational economic policy program, which is the basis for future development, for the conscious development of the future of our region. Originality/Value – The novelty of the study lies in the composition of the sample on the one hand, and on the other hand, the study mainly focuses on the labour market. Keywords: Central and Eastern European employees, integration, labour migration, geographic mobility. Research type: research paper. JEL classification: J15 – Economics of Minorities, Races, Indigenous Peoples, and Immigrants; Non-labour Discrimination J61 – Geographic Labor Mobility; Immigrant Workers


2016 ◽  
Vol 6 (1) ◽  
pp. 62
Author(s):  
Helga Špadina

In 2012, Croatian Office for Gender Equality published report on position of pregnant workers and working mothers on the national labour market. Survey results clearly demonstrated concerning situation in the labour market where every second pregnant woman was dismissed due to pregnancy. The remaining 50% of pregnant workers and working mothers faced denial of one or more labour rights due to pregnancy or childcare. Apart from violation of basic human rights in the labour market, pregnant workers and working mothers faced discriminatory practices in financial sector i.e. denial of right to take bank loans. These practices are contrary to current Croatian labour and gender equality legislation, as well as European and international legal standards related to protection of pregnant workers and working mothers. Nonethless, due to high national unemployment rate, women faced with labour discrimination rarely use available legal remedies. This paper analysis legal framework applicable to labour discrimination of pregnant workers and working mothers, primarily through the lens of applicable European acquis communautaire i.e. Directives. It also investigates case law of Croatian courts and the European Court of Justice related to labour discrimination of pregnant workers and working mothers. More specifically, research explores convergences and divergences of national and European case law. The aim of the paper is to contribute to academic discussions on the labour market gender equality and measures necessary to achieve full respect of all national and international legal standards.


2009 ◽  
Vol 30 (6) ◽  
pp. 1115-1123 ◽  
Author(s):  
José Mondéjar-Jiménez ◽  
Manuel Vargas-Vargas ◽  
María-Leticia Meseguer-Santamaría ◽  
Juan-Antonio Mondéjar-Jiménez

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