scholarly journals The Critical Exposure of Lesotho’s Labor Law Effectiveness: Industrial Relations’ Calamity of Textile Industry Workers in Lesotho

2014 ◽  
Vol 5 (2) ◽  
pp. 58-72
Author(s):  
Moses M. M.

This article provides insights on tribulations of Lesotho textile industry workers and effectiveness-extent of national labor law in shielding labor rights. It is a qualitative and quantitative research premised on textile industrial areas of Thetsane and Railway Station area in Maseru city, Labor offices and workers/trade unions. It illuminates the prescriptions of the Labor Law in Lesotho pertaining to the textile industries and inquires whether such Labor Law is not nominally applied in protecting textile factory workers’ rights. It examines workers’ organizational capacity and bargaining, role of workers’ trade unions in addressing workers’ concerns and maintenance of labor law. Elucidation embraces efficacy of legal resolutions procedure followed whenever there are disputes between workers and management, reported by either the individual workers or workers’ trade unions/TUs. Outlook of the workers to examine their content concerning services rendered to them by labor offices forms part of this researched debated in-depth interviews. Dictates of the Law towards lowly esteemed workers and the extent to which their rights as workers in Lesotho are protected by the government mold chief innards. Findings reflect on benefits ought to be derived from this industrial sector but which are inconspicuous, thereby ensuing in destitution of workers whose majority are women with significant dependency ratios. Labor downsizing, layoffs, unfair dismissals, salary cuts and/or delayed labor earnings, toiling beyond normal working hours, chronic lung diseases from inhaled harmful chemicals, labor devalourization, vulnerability and others constitute quandary of Lesotho textile industry workers. The research question is, then, how far does the law work for them through pro-active and reactive (remedial) strategies for their emancipation, protection and recompense/welfare?

2019 ◽  
Vol 3 (1) ◽  
pp. 53-70
Author(s):  
Ardini Octaviarini

BUMN are private corporate entities so that the laws governing Manpower are applicable to Law 13 of 2003. Therefore, the normative rights set forth in Law No. 13 of 2003 must be met by companies for their workers. These normative rights are, among others, when the Bankrupt Company, ie, a one time severance pay under the provisions of Article 156 Paragraph 2, severance pay for a one-time stipulation of Article 156 paragraph 3 and compensation pay pursuant to paragraph 156 4. Where there is labor rights is not fulfilled by a state-owned enterprise, workers may file for bankruptcy in the company, in its qualification as a Preferen creditor. Based on the research, the state-owned enterprises should be clearly stated in a company to protect the company's existing components in case of Bankruptcy, if the State participates, there must be at least 51% of the shares therein, so that the control, regulation and controlling functions performed the government is clear that the company's goals are achieved. It is necessary to have the same meaning / meaning as the state-owned enterprise which is engaged in public interest. Because of Article 2 paragraph 5 of Law No. 37 of 2004 with the explanation is not in line. Article 2 paragraph 5 of the Law on Bankruptcy refers to state-owned enterprises in the field of public interest, while in the explanation states that state-owned all state-owned capital and not divided into shares. Between the contents of the article and the explanation is not synchronized, then the provisions should be mentioned directly Perum, in order to achieve legal certainty.  


2019 ◽  
Vol 1 (XIX) ◽  
pp. 371-382
Author(s):  
Łukasz Łaguna

On 1 January 2019, the amendment to the Trade Unions Act enters into force. It introduces a kind of revolution in the current system of employment law. The law extends the law of the trade union coalition, creating and joining union organizations for non-employees.Article 1 establishes a normative category of persons who perform paid work, including employees and persons providing work for remuneration on a basis other than the employment relationship. Thus, the legislator extends the statutory right of the trade union to persons who are not considered employees. In relation to the above, in the context of analyzing this legal act, it is not justified to use the traditional “labor law” as a too narrow term for the needs of new regulations. The term “employment law” appears in the latest publications of the doctrine as a broader term than the above. Finally, it should be noted that the effect of changes may be that people who work on a different basis than an employment contract and who have a number of the same rights as those working on a contract of employment may stop trying to conclude such a contract. And this will have a negative effect on the whole society, for example due to the lack of the possibility to enforce labor law functions.


JURISDICTIE ◽  
2018 ◽  
Vol 8 (2) ◽  
pp. 215
Author(s):  
Yuswalina Yuswalina

<p>Bankruptcy has effect for all creditors, labor is no exception. settlement of property the debtor to the creditor in the event of the debtor is declared bankrupt will depend largely on the position of the creditors. The position of labor creditor’s preferred placed as having special privileges, which will get the first in bankruptcy. However, the property the debtor in bankruptcy is sometimes not enough to pay off all his debts bills including salaries and severance to labor as a preferred creditor. Therefore the author will examine these issues by formulating two problems namely: How the completion of labor rights in the process of bankruptcy according to law No. 13 of 2003 On Labor and How do the views of Islamic law on the settlement of the labor rights in the process of bankruptcy. The conclusions is in compliance because Islamic law already gives privileges in the fulfillment of their rights. but still need to revise several sections to make the provisions of the law in the Undangg more robust in protecting labor rights in the process of bankruptcy and the Government should establish a policy to provide concrete guarantees and protection of the rights of labour or labour in the event of bankruptcy.</p><p><br />Kepailitan berlaku bagi semua kreditur, tenaga kerja tidak terkecuali. penyelesaian harta benda debitur kepada kreditur dalam hal debitur dinyatakan pailit akan sangat tergantung pada posisi kreditor. Posisi kreditur tenaga kerja harus ditempatkan sebagai kreditur yang memiliki hak istimewa, yang akan di utamakan dalam kepailitan. Namun, aset debitur dalam kepailitan terkadang tidak cukup untuk melunasi seluruh tagihan hutangnya termasuk gaji dan pesangon terhadap tenaga kerja sebagai kreditur pilihan. Oleh karena itu penulis akan meneliti masalah ini dengan merumuskan dua masalah yaitu: Bagaimana penyelesaian hak-hak buruh dalam proses kepailitan menurut undang-undang No. 13 tahun 2003 Tentang Ketenagakerjaan dan Bagaimana pandangan hukum Islam tentang penyelesaian hak-hak buruh di proses kepailitan menurut UU No. 13 Tahun 2003 tentang Ketenagakerjaan. Kesimpulan dari penelitian ini dalam undang-undang umum No. 13 tahun 2003 tentang Ketenagakerjaan sudah sesuai karena hukum Islam telah memberikan hak istimewa dalam pemenuhan hak-hak mereka. Namun masih perlu merevisi beberapa bagian untuk membuat ketentuan undang-undang di Undangg lebih kuat dalam melindungi hak-hak buruh dalam proses kepailitan dan Pemerintah harus menetapkan kebijakan untuk memberikan jaminan dan perlindungan konkret hak-hak buruh atau tenaga kerja di bidang peristiwa kepailitan.</p>


Author(s):  
Adnan Hamid

This study aims to examine the Job Creation Law No. 11 of 2020 which contains the interpretation, position, and implications of the Act on employment in Indonesia. The research method used is normative legal research, and the findings of the research are the Job Creation Law No. 11 of 2020 is considered to have tended to ignore labor rights. This law was formed and ratified as a labor law, which is still considered far from the wishes of the people who adhere to democratic principles. This is due to the lack of optimal community involvement in the drafting process so that this law has very implications for workers. For example, workers do not have a strong bargaining position in labor law in Indonesia. Therefore, it is necessary to develop a manpower law that is in line with the mandate of the Preamble and the 1945 Constitution as a basis for the government and parliament in making laws and regulations and at the same time providing legal protection, especially for workers or laborers and employers simultaneously in order to create a society that is prosperous, and evenly distributed both materially and spiritually.


Author(s):  
Yana Simutina

The article studies the problem of abuse of law in the context of the implementation of labor law. In this context, the abuse of labor rights should be understood as a special type of legal behavior consisting in the exercise by subjects of labor relations of their rights in an inappropriate way, that contradicts the purpose and principles of the branch of labor law, as a result of which legitimate interests are ignored and other subject of labor relations can be harmed. The concept of "abuse of rights" is closely linked to the principle of integrity. In exercising their rights and performing their duties, the subjects of the employment relationship must act in good faith. The principle of good faith in labor law should characterize the aspirations of the subjects in a proper and honest manner to exercise the granted labor rights and to fulfill their obligations. Specific forms of abuse of rights by employees are: 1) concealment of temporary disability; late notification of temporary disability at the time of dismissal; 2) concealing information about pregnancy; 3) concealing the fact of disability; 4) deliberate task of material harm to the employer by unfair acts - termination of the employment contract at will, and then appeal of dismissal; 5) deliberate delay in obtaining a work book or settlement upon dismissal and the like. Employers resort to abuse of rights mainly in the following cases: 1) when dismissing an employee; 2) when fulfilling the duties of creating an employee the necessary conditions for performing the work function; 3) in case of repeated renegotiation of fixed-term employment contracts with an employee; 4) when giving an employee guarantees in case of termination of the employment contract stipulated by the labor legislation, etc. It is proved that one of the main directions of further improvement of labor legislation is the need to establish the principle of good faith and the inadmissibility of abuse of law as one of the branch in the science of labor law, which should apply to all subjects of labor and related relations - workers, employers, trade unions, associations of employers.


2014 ◽  
Vol 51 ◽  
pp. 35-68 ◽  
Author(s):  
Hansjörg Herr ◽  
Zeynep M. Sonat

AbstractAfter the 2001 crisis, Turkey continued to pursue the radical market-oriented reform strategy that had started in the early 1980s and followed the philosophy of the Washington Consensus. Gross domestic product (GDP) growth in the post-2001 period was relatively high, but it was a “jobless” growth caused by substantial productivity increases generated largely by intensifying the work process rather than by technological advancements. Economic growth in the post-2001 period benefited society very unequally. The growth regime of Turkey is vulnerable owing to high current account deficit; high currency mismatch, particularly in the corporate sector; high income inequality; high unemployment; and an unsatisfactory development of the industrial sector, despite some successes. We recommend a new development regime with selective capital controls, a balanced current account, an active industrial policy by the government, stronger trade unions and employers’ associations engaged in social dialogue combined with coordinated wage bargaining on the sectoral level, and last but not least, redistributive policies aiming to achieve a more equal income distribution.


2020 ◽  
Vol 89 (2) ◽  
pp. 84-93
Author(s):  
О. V. Chornous

The peculiarities of the procedure for recalling police officers from annual leave have been studied. The problems of legal regulation of this institution of labor law have been singled out. It has been noted that the annual leave of a police officer is divided into a basic leave, which may not be less than thirty calendar days, and an additional leave, the duration of which may not exceed fifteen days. It has been noted that the legislator did not provide a mechanism for recalling a police officer from annual leave. The author has analyzed specific features of the procedure for recalling some special categories of employees from leave. A comparative analysis of legal regulation of recalling a police officer, a serviceman and a state official from leave has been carried out. Gaps in the problem of legal regulation of the procedure for recalling a police officer from annual leave have been highlighted. It has been found out that the provisions of the Law of Ukraine “On the National Police” on recalling a police officer from annual basic and annual additional leave have gaps in this regard and need further improvement. The study is focused on resolving practical problematic aspects of the protection of constitutional, labor rights of police officers as a party to employment relations and improving special legislation on this issue, which includes the Law of Ukraine “On the National Police”.


1970 ◽  
Vol 18 (1) ◽  
pp. 61-72
Author(s):  
Yuswalina Yuswalina

Bankruptcy has effect for all creditors, labor is no exception. Settlement of property the debtor to the creditor in the event of the debtor is declared bankrupt will depend largely on the position of the creditors. The position of labor creditor's preferred placed as having special privileges, which will get the first in bankruptcy. However, the property the debtor in bankruptcy is sometimes not enough to pay off all his debts bills including salaries and severance to labor as a preferred creditor. Therefore the author will examine these issues by formulating two problems namely: How the completion of labor rights in the process of bankruptcy according to law No. 13 of 2003 On Labor and How do the views of Islamic law on the settlement of the labor rights in the process of bankruptcy according to law No. 13 of 2003 On Labor. The conclusions of this research in general law No. 13 of 2003 On Labor is in compliance because Islamic law already gives privileges in the fulfillment of their rights. but still need to revise several sections to make the provisions of the law in the Law more robust in protecting labor rights in the process of bankruptcy and the Government should establish a policy to provide concrete guarantees and protection of the rights of labor in the event of bankruptcy.  


2021 ◽  
Vol 5 (1) ◽  
pp. 153-166
Author(s):  
Nor Musfirah Mohamad ◽  
Azhan Taqiyaddin Arizan

The Covid-19 pandemic crisis that hit Malaysia has changed the norm of human life in many ways. The government has drafted and issued new Standard Operating Procedure (SOP) and enforced the Movement Control Order (PKP) in an effort to curb the spread of the Covid-19 epidemic. Through the principles of Islamic jurisprudence, one of the methodologies for determining the law is based on the method of fiqh (Qawa'id fiqhiyyah). Therefore, the method of fiqh can be a guiding instrument in facing this pandemic. The research question for this study is how the application of the fiqh method "No Harm to Oneself And Not Harmful to Others" (La Darar Wa La Dirar) in determining the law related to the issue of Covid-19. This paper aims to explain the aspects of the use of the fiqh method "No Harm to Oneself And Not Harmful to Others" (La Darar Wa La Dirar) that can be applied in dealing with the Covid-19 pandemic in Malaysia. This method is taken directly from the hadith of the Prophet S.A.W. is seen as very important in helping contemporary scholars to find similarities and make comparisons on various fiqh issues and make adjustments to new problems that do not yet have the backing of Islamic law. The research method used is a qualitative study through exploration of various library sources by examining books related to Qawaid fiqh iyyah, current fatwas in accordance with the situation of Covid-19, journals and reports of authoritative physicians and fiqh scholars in the issue of Covid-19 in Malaysia. In addition, observation techniques were also carried out. The collected data were analyzed and explained using inductive, deductive and comparative methods to obtain appropriate results in accordance with the objectives of the article. The findings of the study found that the fiqh method of "No Harm to Oneself And Not Harmful to Others" (La Darar Wa La Dirar) and several branches of the method are applied in many problems related to the implementation and government directives during the Covid-19 pandemic in Malaysia and can be used as a benchmark for self-care of the individual, society and country from the threat of this virus. Although it is not explicitly mentioned but the action taken is in line with the method of fiqh which recommends that all harms be removed. Thus, the scholars of usul fiqh formulate the method emphasizing the need to eliminate all harms as approved by the Islamic law and the method is formulated based on the command of Allah SWT: ”Do not spread corruption in the land after it has been set in order. And call upon Him with hope and fear. Indeed, Allah’s mercy is always close to the good-doers." (Al-A’raf: 56). Therefore, Muslims and the multi-racial community in Malaysia are not allowed to do anything that not only endangers themselves, but also causes harm to others. Krisis pandemik Covid-19 yang melanda Malaysia banyak mengubah norma kehidupan manusia. Pihak kerajaan telah merangka dan mengeluarkan Standard Operating Procedure (SOP) baharu dan Perintah Kawalan Pergerakan (PKP) dikuatkuasakan kerajaan dalam usaha menangani penularan wabak Covid-19. Menerusi ilmu usul fiqh, salah satu metodologi penentuan hukum adalah berasaskan kaedah fiqh (Qawa’id fiqhiyyah). Oleh yang demikian, kaedah fiqh boleh menjadi instrumen panduan dalam menghadapi pandemik ini. Persoalan kajian ini adalah bagaimana pengaplikasian kaedah fiqh ‘Tiada Mudarat Dan Tidak Boleh Memberi Mudarat’ (la darar wa la dirar) dalam penentuan hukum berkaitan isu Covid-19. Kertas kerja ini bertujuan menjelaskan aspek penggunaan kaedah fiqh ‘Tiada Mudarat Dan Tidak Boleh Memberi Mudarat’ (la darar wa la dirar) yang boleh diaplikasikan dalam mendepani pandemik Covid-19 di Malaysia. Kaedah ini diambil secara langsung daripada hadis Nabi SAW dilihat sangat penting dalam membantu para ulama kontemporari mencari persamaan dan membuat perbandingan terhadap isu-isu fiqh yang pelbagai dan penyesuaian dibuat dengan permasalahan baru yang belum mempunyai sandaran hukum syarak. Metode kajian yang diguna pakai adalah kajian kualitatif melalui penerokaan terhadap sumber kepustakaan yang pelbagai dengan meneliti buku-buku berkaitan Qawaid fiqh iyyah, fatwa semasa dengan disesuaikan dengan situasi Covid-19 ini, jurnal serta laporan pihak berautoriti pakar perubatan dan ahli fiqh dalam isu Covid-19 di Malaysia. Selain itu, teknik observasi turut dijalankan. Data-data yang dikumpul dianalisis dan dihuraikan dengan menggunakan kaedah induktif, deduktif dan komparatif bagi mendapatkan natijah yang sesuai selaras dengan objektif artikel yang telah ditetapkan. Dapatan kajian mendapati kaedah fiqh ‘Tiada Mudarat Dan Tidak Boleh Memberi Mudarat’ (la darar wa la dirar) dan beberapa cabang kaedah diaplikasi dalam banyak permasalahan yang berkait dengan pelaksanaan dan arahan kerajaan semasa pandemik Covid-19 di Malaysia dan mampu digarap sebagai penanda aras untuk penjagaan diri, masyarakat dan negara daripada ancaman virus ini. Walaupun ia tidak disebut secara jelas tetapi tindakan yang diambil adalah selari dengan kaedah fiqh tersebut yang menyarankan supaya semua kemudaratan dihilangkan. Justeru, ulama usul fiqh merumuskan kaedah tersebut menekankan keperluan untuk menghilang dan menghapuskan semua kemudaratan yang diperakui syarak dan kaedah berkenaan dirumuskan berdasarkan perintah daripada Allah SWT. Oleh itu, orang Islam dan masyarakat pelbagai kaum di Malaysia tidak dibenarkan melakukan sesuatu tindakan yang bukan sahaja membahayakan diri sendiri, bahkan mencetuskan kemudaratan kepada orang lain.


Author(s):  
Zaad Mahmood

The chapter further elaborates the theme of partisanship by analysing the role of business groups and trade unions in shaping labour market reforms. The chapter evaluates business and trade unions as contending interests in shaping labour reforms across the states to explain variations in labour market. Disaggregated analysis of relative strength and organization of the interest groups shows that the influence of interest groups depends more on their proximity to the government than material resources or their organizational capacity. This is most evident in Maharashtra and Andhra Pradesh where relative strength of business groups and trade unions do not corroborate labour market outcomes. The finding reaffirms the centrality of governments and political parties due to the historical weakness of civil society organizations and legacy of state intervention in India.


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