scholarly journals Violation of labour rights and social security rights: The problems in practice and the need for revision

Crimen ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 167-181
Author(s):  
Aleksandar Stevanović
Keyword(s):  
Social Security ◽  
Labor Relations ◽  
Labor Rights ◽  
Labor Regulations ◽  
Labour Rights ◽  
Judicial Practice ◽  
Ne Bis In Idem

The aim of the paper is to determine the main characteristics of the crime in question. It was pointed out that this is a criminal norm that provides protection to labor relations in a general way, i.e. workers' rights. Therefore, there are numerous ambiguities in judicial practice, mostly concerning the legal qualification of the violation of labor regulations and issues of proper application of the ne bis in idem principle. The paper specifically points to de lege ferenda legal solutions that would aim to more clearly determine the scope of labor rights that are protected by the relevant criminal norm.

scholarly journals ON CERTAIN PROBLEMS OF CONFERMENT OF THE TITLE «LABOR VETERAN»: ANALYSIS OF LEGISLATION AND LAW ENFORCEMENT PRACTICE

2020 ◽  
Vol 6 (4) ◽  
pp. 38-42
Author(s):  
A. A. Elaev
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Russian Federation ◽  
Labor Relations ◽  
Labor Rights ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
Long Time ◽  
The Russian Federation ◽  
The Right

The right to free work and choice of activity is enshrined in the Constitution of the Russian Federation. At the same time, ensuring and protecting the labor rights of citizens is one of the main categories of the rule of law. The legislation of the Russian Federation regulating labor relations is aimed at encouraging a conscientious attitude to work for a long time, and one of these types of encouragement is the title Veteran of labor. However, in practice, quite often there are certain difficulties that arise due to departmental and regional rulemaking. The article attempts to analyze the current situation based on judicial practice.

Hidden Labor Relations: Current Law-Making and Law Enforcement Issues

2020 ◽  
Vol 7 ◽  
pp. 57-68
Author(s):  
I. Yu. Voronov ◽  
Keyword(s):  
Law Enforcement ◽  
Labor Relations ◽  
Labor Law ◽  
Employment Relationship ◽  
Labor Rights ◽  
Labor Disputes ◽  
Judicial Practice ◽  
Legal Understanding ◽  
Civil Contract ◽  
Law Making

The article analyzes the positions of experts in the field of labor law regarding the nature and types of hidden labor relations from the positions of positivism and the scientifically based concept of integrative law understanding. The author criticizes the conclusions of experts based on a positivist legal understanding according to which an employment relationship arises on the basis of the reclassification of a civil contract into an employment contract or a civil relationship into an employment relationship. Based on the analysis of labor law norms, law enforcement practice in labor disputes and scientific points of view of experts in the field of labor law, which is based on a scientifically based concept of integrative law understanding, the author comes to the conclusion that hidden labor relations are a type of labor relations, have signs of labor relations, are common in the judicial practice of labor disputes and are the most urgent problem of Russian labor law. The author analyzes two modern types of hidden labor relations from the position of a scientifically based concept of integrative law understanding: the conclusion of civil contracts instead of labor contracts and the actual admission of an employee to work by the employer or with the knowledge or on behalf of the employer or its authorized representative in the case when the labor contract was not properly executed, within three days and later after the actual admission of the employee to work. The author analyzes the ways of protection of labor rights and legal interests in the field of labor from the position of a scientifically grounded concept of integrative law understanding and formulates law-making proposals for changing the norms of labor law.

Features of labor relations in quarantine conditions

2020 ◽  
pp. 52-58
Author(s):  
Lesja Kosmii
Keyword(s):  
Law Enforcement ◽  
Labor Relations ◽  
Practical Importance ◽  
Functional System ◽  
Labor Rights ◽  
Personnel Decisions ◽  
Labor Legislation ◽  
Foreign Countries ◽  
Legislative Framework ◽  
Work Method

Goal. The purpose of this work is to analyze the norms of the current labor legislation regarding the regulation of the relations between the employee and the employer in the introduction of any restrictions and anti-epidemic measures in the conditions of national quarantine and prevention in such conditions of violations of labor rights of employees. It is important that during the course of the COVID-19 coronary pandemic measures, they were not only effective but also violated human rights, including work. Method. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material, experience of foreign countries and formulation of relevant conclusions and recommendations. During the research the following methods of scientific knowledge were used: terminological, comparative, functional, system-structural, logical-normative. Results. During the research it was found that the Ukrainian legislature, including foreign experience, was able to respond promptly to the quarantine situation by adopting anti-crisis laws, which did not neglect labor legislation. This is understandable, because in connection with the announcement of quarantine in the whole territory of Ukraine, employers had to make personnel decisions, and the current legislative framework did not clearly regulate the issues that arose. Scientific novelty. The study found that the updating of labor legislation in the area of labor relations regulation during the national quarantine period allows the employer to use certain forms of labor organization, in which the basic labor rights and guarantees of employees can be preserved. Practical importance. The results of the study can be used in law-making and law enforcement activities, as well as by employers in regulating labor relations with employees during the quarantine period.

Issues of non-standard employment: social and hygienic aspects

2020 ◽  
pp. 392-398
Author(s):  
S. A. Druzhilov
Keyword(s):  
Social Order ◽  
Labor Relations ◽  
Well Being ◽  
Labor Rights ◽  
Precarious Employment ◽  
Employment Conditions ◽  
The Social ◽  
Two Factors ◽  
Labor Safety ◽  
Typical Model

Drastic transformations of the social and labor sphere have led to the emergence of new health risks and sanitary and hygienic problems associated with unreliability of employment. A new socio-economic and psychological phenomenon “precarity” has emerged, which has aff ected the employment conditions of employees, so the description of the phenomenon “precarity” needs to be clarifi ed.The forms of labor employment that diff er from the typical model and worsen the employee’s situation are considered. The criteria based on which non-standard employment is considered unstable are given.Generalized types of unstable employment are identifi ed, the specifi city of which is determined by a combination of two factors: working time and the term of the contract. Unstable working conditions are possible not only in informal employment, but also in legal labor relations. Unreliability and instability of labor has an objective character and is a natural manifestation of the emerging economic and social order. The phenomenon of “precarity of employment” appears as a new determinant of the health of employees. The main feature when referring employment and labor relations to the phenomenon of “precarity” is their unreliability.Specifies the terms used: “precariat”; “precarious work”; precompact; the precariat. An essential characteristic of precarious employment is the violation of social and labor rights and lack of job security. A significant indicator of precarity is underemployment. Precarity induces the potential danger of dismissal of the employee and the resulting stress, psychosomatic disorders and pathological processes in the psyche.Precarious employment and related labor relations have become widespread. Many employees are deprived of social guarantees, including those related to labor safety, payment for holidays and temporary disability, and provision of preventive measures. Th is leads to a violation of the state of well-being, as well as the deterioration of individual and public health.

Wage indexation as a means of ensuring that real wage levels are raised

2020 ◽  
pp. 40-47
Author(s):  
Е. A. Shapoval
Keyword(s):  
Real Wage ◽  
Labor Relations ◽  
Labor Law ◽  
The State ◽  
Judicial Practice ◽  
Wage Indexation ◽  
Definition Of

The article considers issues related to the state guarantee of ensuring an increase in the level of real wage content, the definition of the concept of “wage indexation”, the procedure for its implementation and the mechanisms for determining the amount based on the approaches developed in the science of labor law and judicial practice taking into account priorities in the field of social and labor relations.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

scholarly journals Trabalho digno para quem? Sobre a formalização do trabalho precário no Brasil / Decent work for whom? About the formalization of precarious work in Brazil

2020 ◽  
Vol 4 (4) ◽  
pp. 580-586
Author(s):  
Marina Batista Chaves Azevedo de Souza ◽  
Viviane Fonseca Santos ◽  
Daniela Da Silva Rodrigues
Keyword(s):  
Labor Relations ◽  
Health And Safety ◽  
Labor Rights ◽  
Decent Work ◽  
Labor Laws ◽  
Precarious Work ◽  
Role Of The State ◽  
Labor Legislation ◽  
The Government

A arte desenhada sobre papel simboliza os trabalhadores e as trabalhadoras, e suas constantes lutas sociais pela manutenção dos direitos trabalhistas no Brasil, conquistados na década de 1943, com a Consolidação das Leis Trabalhistas (CLT). Trata-se de um estatuto de Normas Regulamentadoras - NR de relações individuais e coletivas de trabalho para aqueles contratados formalmente com vínculo empregatício. Em 2017, o Governo aprova a Lei nº 13.467, reconhecida como Reforma Trabalhista, a qual exclui mais de cem artigos da CLT, reduz direitos e o papel do Estado em relação à proteção da dignidade do trabalhador. Posteriormente, a classe trabalhadora sofreu novo impacto em 2019, momento em que o Governo Federal promoveu a extinção do Ministério do Trabalho e Emprego (MTE), órgão responsável pela fiscalização e regulamentação das relações de trabalho no país. Isso gerou o fracionamento das atribuições das Leis de trabalho em três pastas ministeriais, fragilizando ainda mais as normas trabalhistas, dificultando a interlocução entre o trabalhador e empregadores e formalizando a precarização do trabalho. Nesse sentido, a imagem representa os desmontes que o trabalhador vem sofrendo, ao longo dos anos, em relação à legislação e aos direitos trabalhistas, mas também à saúde e à previdência social. A flexibilização das relações no ambiente laboral revela uma nova configuração do mundo do trabalho, uma realidade ainda mais perversa, pautada em um discurso neoliberalista de "menos direitos e mais liberdade para o trabalhador", porém, que carrega como consequências a redução do emprego digno, de saúde e segurança para os trabalhadores brasileiros. AbstractThe art drawn on paper symbolizes the workers and their constant social struggles for the maintenance of labor rights in Brazil, conquered in the 1943s by the Consolidation of Labor Laws (CLT). The CLT is a statute of the Regulatory Norms - NR about individual and collective labor relations for those formally hired with an employment relationship. In the year of 2017, the Government approved the Law 13.467 that implemented a Labor Reform, which excludes more than one hundred articles from CLT reducing many workers rights and the role of the State regarding the protection and dignity of the workers. Subsequently, the working class suffered a new impact in the year of 2019, when the Federal Government extinguished the Ministry of Labor and Employment (MTE), the institution responsible to monitor and regulate labor relations in Brazil. This fact caused a division of the attributions of the Labor Laws into Three Ministerial Portfolios, further weakening labor standards making it more difficult for workers and employers to communicate with each other, formalizing precarious work. Thus, this image represents the problems workers has been suffering, over the years, due to the lack of labor rights, health and social security. The flexibilization of labor relations reveals a new configuration for the labor society and provides an even more perverse reality based on a neoliberalist discourse that propagates the idea of "less rights and more freedom for the workers", reducing decent employment, health and safety for Brazilian workers.Keywords: Labor Legislation; Occupational Health; Occupational Therapy; Precarious Employment; Work. ResumenEl arte dibujado en papel simboliza a los trabajadores masculinos y femeninos, y sus constantes luchas sociales para el mantenimiento de los derechos laborales en Brasil, logrados en la década de 1943, con la Consolidación de las Leyes Laborales (CLT). Este es un estatuto de Normas Reguladoras - NR de relaciones trabajo individual y colectivo para aquellos formalmente contratados. En 2017, el Gobierno aprobó la Ley 13.467, reconocida como Reforma Laboral, que excluye más de cien artículos del CLT, reduce los derechos y el papel del Estado en relación con la protección de la dignidad de los trabajadores. Posteriormente, la clase trabajadora sufrió un nuevo impacto en 2019, cuando el Gobierno Federal promovió la extinción del Ministerio de Trabajo y Empleo (MTE), el organismo responsable de la inspección y regulación de las relaciones laborales en el país. Esto condujo a la división de las atribuciones de las leyes laborales en tres carteras ministeriales, debilitando aún más las normas laborales, dificultando la comunicación entre trabajadores y empleadores y formalizando el trabajo precario. En este sentido, la imagen representa el desmantelamiento que el trabajador ha estado sufriendo, a lo largo de los años, en relación con la legislación y los derechos laborales, pero también con la salud y la seguridad social. La flexibilización de las relaciones en el entorno laboral revela una nueva configuración del mundo del trabajo, una realidad aún más perversa, basada en un discurso neoliberalista de "menos derechos y más libertad para el trabajador", pero con la consecuencia de reducir el empleo decente, salud y seguridad para los trabajadores brasileños.Palabras clave: Empleo Precario; Legislación Laboral; Salud Laboral; Terapia Ocupacional; Trabajo.      

Russian Labor Law: System-Related Problems in its History and Modernity

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Николай Демидов ◽  
Nikolay Demidov
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Law System ◽  
Labor Legislation ◽  
Government Supervision ◽  
Hired Labor ◽  
The Right ◽  
High Degree

The article analyzes system-related contradictions inherent to the development of the Russian labor law branch in XIX—XX. By means of historical-legal, comparative, dialectic methods the author investigates the roots of modern problems in law-making and law enforcement in legal regulation of hired labor relations. The author reveals negative factors in the development of the labor legislation, that are common for Russia and world leading countries. Among main evolutional problems in labor law, the author considers excessive centralization, a high degree of the right enforcement formalization, susceptibility of the branch to political environment, an important role of non-legal regulators of labor relations, low development level of security arrangements for labor rights, inadequate government supervision, a division of employees and employers’ interests, that is not always correct. The author draws the conclusion about the implicit, objective nature of the described defects and notes an essential impossibility to overcome them.

Sign in / Sign up

Export Citation Format

Share Document