labor legislation
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2022 ◽  
pp. 1852-1865
Author(s):  
Martin Klaffke

Germany is undergoing a dramatic demographic change that requires its organizations to make workforce talent of all ages a strategic priority. Practitioners in Germany focus largely on Generation Y employees, because this young employee cohort expresses new and different work-related values. However, diverse attitudes and behaviors of employees in different age groups can potentially lead to conflict and have an overall negative impact on organizational performance. Given US labor legislation and media pressure, managing workforce diversity has been on the agenda of U.S. organizations for many years. Consequently, it can be assumed that there are areas in which German organizations can learn best practices from the U.S. experience. Although data collected from Silicon Valley organizations suggest that taking specific action for managing the multi-generational workforce is currently not a pressing issue in the tech industry, setting up innovative workplaces is an action field in which Germany can learn from its U.S. counterparts.


Rechtsidee ◽  
2021 ◽  
Vol 9 ◽  
Author(s):  
Betty Yunita Setyorini

This study aims to answer employers dilemma during the Covid-19 pandemic to carry out labor efficiency by termination of work. The Cipta Kerja regulation number 11 of 2020 which is complemented by Government Regulation number 35 of 2021, as a normative basis for providing compensation for layoffs is considered a sufficiently mitigating solution when compared to previous labor legislation. However, what about the company's financial condition is not sufficient to provide compensation in accordance with the normative provisions of the legislation. To overcome this problem, an agreement is made between the employer and the workforce so that they can get a solution together. The agreement must also be registered with the Industrial Relations Court to protect the parties having an interest in it. Therefore, in writing this article, the Juridical Normative writing method is used, which analyzes cases based on applicable laws and regulations, analyzes legal concepts and qualitative descriptive methods.


Author(s):  
Inna Ogiyenko

Problem setting. In the article the professional development of workers is examined in the context of requirements of time in relation to distribution of innovations. Target of research is to display the inseparable connection between education and manufacturing in the modern conditions of development and to describe the suggestions for the improvement of the Labor legislation of Ukraine in the mean of professional development of the workers as the essential part of the up-to-date innovative processes. Analysis of recent researches and publications. A comparative analysis of the results of research by scientists Braňka J., Kowolik P., Sparreboom T., Staneva A., with the conclusions and suggestions of Ukrainian scientists: N. Inshyn, S. Prilipko, N. Vapnarchuk, O. Yaroshenko and others is carried out. Article’s main body. Attention is accented on the fact, that taking into account fast-moving development of innovations and their introduction faced with the resistance from the side of employees. At the same time the problem of introduction of innovations by a great extent consists of conscious rejection of the validity of the mutual efforts by employers and workers, directed on the professional development of the worker. It is also focused on a legislation about the professional development of workers, which does not give the definition of the concept «professional development», which accordingly draws a different interpretation of this phenomenon in law and rights and duties both workers and employers. The number of consequences were made. Conclusionsand prospects for the development. Firstly, in Ukraine the scientific and educational potential for introduction of the special programs of professional preparation of workers according to the production necessities of employer is provided. For the realization of such a potential it is necessary to attract the government in the process of professional development of workers which is capable to assist the introduction of special programs for preparation as it is the proprietor of basic powerful members of market of educational services. The participation of the government in creating the conditions for professional development of workers will fully answer its obligation as a state-member of International Labor Organization and the realization of co-operation between the government, establishments of education, employers and employees will outline the new vector of the development of the relations of social partnership in Ukraine. Secondly, for the distribution of innovative development of Ukrainian society the state approach needs to be renewed for creating the conditions of effective employment, in particular by changing the obligations of the state in the first part of the second article of the Labor Code of Ukraine, which are related to switchover to the market economy on obligations which are conditioned by the importance of innovative development of Ukraine. Thirdly, the Law of Ukraine «The professional development of workers» needs the conceptual update, in particular in part of fixing of concrete law mechanisms of co-operation between the government, the workers and employers and their associations, in the process of continuous studies of workers for the increase of the level of their professional capabilities.


Author(s):  
Paulo Pinto de Albuquerque

The European Court of Human Rights (the Court, the ECHR) has made a significantcontribution to the protection of social rights in general and labor rights in particular. The articlefocuses on four specific areas that demonstrate the richness of case-law in this area. First of all, theauthor focuses on individual issues related to the general rights of workers, drawing attention to issuesof unfair dismissal, the right to respect for private and family life, freedom of religion and freedomof expression. Secondly, the author dwells on the protection of the rights of migrant workers underthe Convention for the Protection of Human Rights and Fundamental Freedoms. Third, the articleexamines trade union rights in the light of freedom of association. Finally, reflecting the economiclandscape of the past decade, case-law is provided to demonstrate how austerity measures can affecthuman rights and how the Court has responded to this problematic issue.Social rights, including labor rights, have received many advantages from the fact that they wereconsidered in the case-law of the Court, since its practice clarified the boundaries and limited thestate’s unlimited discretion in the management of these rights. At the same time, a certain trend hasformed. If at first the protection of workers’ rights and freedoms sharply increased, which is confirmedby some textbook cases of the ECHR, now it is impossible not to notice a regressive trend that isassociated with labor legislation, expands the discretion of governments and significantly limits theeffectiveness of the Court when considering labor rights. However, this regressive trend should notbe regarded as irreversible. The article highlights how meaningful consideration of soft law principlesallows the Court to take a progressive position that promotes labor rights and how it can continueto help protect workers’ rights.


Author(s):  
Tasnuva Sharmin ◽  
Nashiba Nawor

Bangladesh's socioeconomic realities include the problem of child labor. This is a huge problem that cannot be overlooked. In this study, I looked at the elements that contribute to child labor in Bangladesh. Poverty is the primary cause of children working as child laborers. The issue of child labor has become one of the most prominent challenges in developing countries. To put an end to this, societies and governments must act together. The government, in particular, must ensure that citizens' basic rights are protected. Following that, the implementation of child labor legislation and a social boycott of child work would be an effective remedy.


2021 ◽  
Vol 29 (58) ◽  
pp. 39-62
Author(s):  
Yovanna Pineda

This working paper examines gender-based legislation intended to protect working women and limit their work activities in manufacturing factories in Argentina from 1895-1935. The goal is to discuss the contradictions between gender-based legislation and female labor productivity. My research, thus far, shows that female labor was productive between 1895 and 1935 despite restrictive legislation limiting what women could do in the factory. Two implications include that labor legislation was either minimally or not enforced in factories. Second, female laborers, in particular those working in textile factories, focused on labor-intensive piece work that they completed at home and beyond the limits of protective legislation.


Author(s):  
S.A. Sobolev

The article attempts to investigate general and particular issues of the social development of the domestic legal system in the modern knowledge of its history from a general theoretical standpoint on the example of a specific legal discipline - labor law. The problem of methodological order is considered when there is a confusion of law as an object of cognition with a real reflection of the formation and social development of its subsystems or structural components, which receive study at the sectoral level. Labor law is analyzed as a subsystem or the most important structural component of the legal system, while scientific research on various aspects of the history of labor legislation goes beyond the modern industry and academic discipline. The problem of the methodological order is the continuity and discontinuity of the very course of development of the domestic system of law and branches of law of the Russian Empire, the Soviet and modern periods. Attention is drawn to the fact that many modern labor law categories in the period before 1917 were absent in the legislation, but formed the content of legal acts and scientific research. In turn, labor relations were formalized by a contract of employment (personal employment), but the specifics of its regulation were determined by mining and factory legislation. Some problems of understanding the modern history of labor law are characterized, when in the general theoretical and branch educational and scientific literature on labor and civil law, concepts such as an employment contract and labor legislation are mixed, and labor law as a branch of law refers to private law. Based on the theoretical works of scientists of the Russian Empire, the Soviet and modern period, a combination of private law and public law foundations of labor law is shown.


Author(s):  
V. A. Lebedev ◽  
E. I. Lebedeva

The current legal means of labor legislation operating in the conditions of a pandemic and related, on the one hand, to the employer’s right to transfer an employee to a remote format of remote labor relations, and on the other, the employer’s obligation to suspend an employee who has not been vaccinated, are considered. The analysis of the main changes made to the Labor Code of the Russian Federation regarding the features of remote work and entered into force on January 01, 2021 is carried out. The norms concerning such key points for the remote format as the procedure for electronic interaction between an employee and an employer on employment issues, maintaining a work record, changing and terminating labor relations are considered.


2021 ◽  
Vol 7 (3) ◽  
pp. 136
Author(s):  
Oleg Yaroshenko ◽  
Nataliia Melnychuk ◽  
Sergiy Moroz ◽  
Olena Havrylova ◽  
Yelyzaveta Yaryhina

The relevance of the study is based on the development of scientific and technological progress and the expansion of the labor market, including in the framework of international cooperation. Moreover, the introduction of quarantine due to the spread of Covid-19 has led to increased attention to remote work. The aim of the study is to analyze the legal aspects of remote work in accordance with the labor legislation of Ukraine and the European Union, focusing on the concept of remote work, the rights and obligations of remote workers. In our study, we determined that in the European Union, the key points in relation to the rights granted to teleworkers, which the countries parties to the agreement have undertaken to incorporate into their national legislation and collective agreements, are data protection; the voluntary nature of telecommuting; equipment; organization of working time; privacy. The originality of the study is based on more effective ways to improve labor productivity in Ukraine, labor discipline, compliance with labor guarantees for remote work. It is necessary to revise and legislatively regulate the key principles of compliance by employees with labor discipline, providing the employee with proper working conditions, supporting the employer in search of new opportunities to provide employees with work, improving the technical aspects of ensuring the relationship between business and government, responsibility for results and the labor process.


Author(s):  
Tatyana Belchik

The research featured the transformations of formal and informal institutions and their effect on the quality of labor force and workforce productivity. Such trends in institutional transformation as digitalization, government regulation, and environmentalization are known to affect labor market, labor legislation, education, and public administration. The research objective was to identify the main trends in institutional transformation and assess their impact on the quality of the labor force. The methods included a content analysis of documents, an analysis of statistical data, and a regression analysis. The article introduces an extended review of scientific publications, a description of trends in institutional transformation from the standpoint of labor productivity, and a forecast of workforce productivity as affected by the abovementioned institutional changes. The research results can help to plan strategies for personnel development on the business, industrial, regional, and state scale. If strategizing of labor resources is based on relevant global and national trends, it can increase company’s performance, ensure economic growth in the region, and improve the living standards of local population.


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