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2. Responsabilidade Social Empresarial: estudo sob a ótica do desempenho empresarial passado por meio da análise dos indicadores sociais e ambientais de uma empresa do setor de papel e celulose.
- Author
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Círico Junior, Ademir and Rafael Galvão, Carlos
- Subjects
PAPER pulp ,LABOR laws ,ECONOMIC research ,CORPORATION reports ,SOCIAL responsibility of business - Abstract
Copyright of Exacta is the property of Exacta - Engenharia de Producao and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2020
- Full Text
- View/download PDF
3. WHAT SHALL WE DO WITH FEDERAL JUDGES' PAPERS AFTER THEY RETIRE?
- Author
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Kalkwarf, Wayne A.
- Subjects
- *
RETIRED judges , *LEGAL documents , *JUDGES -- Social aspects , *PRIVACY , *LABOR laws - Abstract
The article focuses on the legal fate of federal judges' papers after they retire. It states concerns involving the papers, citing that documents could involve issues of employee privacy and attorney work product, and mentions that in case of a judge's death before reviewing his papers, the descendants are faced with the task of deciding what to do with years of judicial files and papers. It notes that chambers papers of a federal judge remain the private property of that judge .
- Published
- 2018
4. THE UNFINISHED PAPER -- A TRIBUTE TO GORDON ANDERSON.
- Author
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Ewing, K. D.
- Subjects
- *
LABOR laws , *INTERNATIONAL labor laws & legislation , *EMPLOYEE rights , *LABOR market - Abstract
This article revisits arguments about the death of labour law, and re-examines claims by Richard Mitchell that such arguments are mistaken. In the first half of the article I argue that the law of the labour market is not labour law as the latter discipline developed in the 20th century. I also argue that there is a clear ethical core to labour law which sets it apart from the law of the labour market, and that this ethical core is the consequence of political struggle. Labour law gives effect to the principle of international law that labour is not a commodity, a principle which the law of the labour market subverts. The purpose of revisiting this debate is to examine whether labour law as so understood can be resurrected. For this purpose, I focus on the recent work of Harry Arthurs who in a series of lectures and elsewhere provides a withering assessment of the current state of play and a bleak outlook for the future. While I agree strongly with his assessment of the current condition of the discipline, I take issue with his pessimistic vision of the future, which in my view underestimates the importance of political struggle in effecting social, economic and legal change. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
5. New forms of employment and labour protection in China.
- Author
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Tu Wei and Wang Xueyu
- Subjects
LABOR market ,CROWDSOURCING ,LABOR policy ,LABOR laws - Abstract
In recent years, China's labour market has seen a significant rise of the new forms of employment, which differs in scale, type, and function compared to the developed economies. This study focuses on four emerging forms of the new employment patterns in China, including app-based gig work, micro-task crowdsourcing, prosumer work, and platform outsourcing to individuals, particularly examining their diversity, scale, development, and the status quo of the labour protection. Additionally, the paper summarises the challenges faced by the labour law and policy in the digitalisation era in China, as well as the government and social partners' innovative measures to address them. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
6. Negotiations by workers in the informal economy.
- Author
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Schmidt, Verena, Webster, Edward, Mhlana, Siviwe, and Forrest, Kally
- Subjects
NEGOTIATION ,INFORMAL sector ,COLLECTIVE bargaining ,ECONOMIC development ,LABOR laws - Abstract
Negotiations are a valuable and important tool for increasing the voice of workers in the informal economy. This paper provides empirical evidence from Africa, Asia and the Americas on negotiations and collective bargaining by workers in the informal economy. These practices demonstrate that negotiations involving workers in the informal economy, including those that culminate in collective agreements, are key to ensuring the fair distribution of the fruits of economic progress and labour protection to workers in many countries. They are also an important tool for reducing informalization trends. The paper also shows the multiple challenges workers in the informal economy are facing when organizing and entering into negotiations and outlines some possible pathways on how these can be reduced. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
7. EXTENDING FREEDOM OF ASSOCIATION TO NON-UNION WORKERS: HOW ONTARIO CAN LEARN FROM FRANCE.
- Author
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MORRISON, BENNETT
- Subjects
FREEDOM of association ,NONUNION employees ,COLLECTIVE bargaining ,RIGHT to strike ,LABOR laws - Abstract
This paper argues that Ontario should learn from France and grant non-union workers the statutory right to collective expression and the statutory right to strike. Currently, non-union workers in Ontario cannot meaningfully express their collective voice in the workplace. This is despite the Supreme Court of Canada recognizing that freedom of association under section 2(d) of the Charter protects the right to make collective representations in the workplace, engage in a meaningful process of collective bargaining, and go on strike. This paper calls this dilemma the "freedom of association deficit." In France, all workers have a statutory right to collective expression at work. Additionally, French non-union workers can strike without repercussions from their employer. This paper argues that Ontario should extend a statutory right of collective expression to non-union workers. Further, Ontario should grant non-union workers a statutory right to collectively withdraw their labour if they cannot achieve their goals through expression alone. This paper proposes how Ontario could implement these French rights as incrementally as possible. The result would be a greater collective voice for non-union workers and a shrinking of the freedom of association deficit. [ABSTRACT FROM AUTHOR]
- Published
- 2024
8. PAPERS IN HONOR OF FRANCOIS GAUDU.
- Subjects
LABOR laws ,WORK environment ,LABOR inspection ,WAGES ,RELIGION - Abstract
In this article, the editors presents gratitude towards François Gaudu, who was the Professor of Law at the University of Paris I/Pantheon Sorbonne in Paris, France who have contribution in legal history and labor law. It mentions that he played a key role in the conference on Religious Expression in the Workplace, held in Nantes, France in 2008 and mentions the Franco-Iberian model of labor inspection and the impact of wage theft on public.
- Published
- 2016
9. Quality of work-life situation and effectiveness of labour laws: managerial perspectives.
- Author
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Shrestha, Prakash, Parajuli, Dilip, and Adhikari, Bibek Raj
- Subjects
HUMAN security ,LABOR laws ,MIDDLE managers ,WORK environment ,LEGAL documents ,EMPLOYEE benefits - Abstract
Purpose: This paper aims to examine the current quality of work-life (QWL) situation and the effectiveness of labor laws for promoting QWL in the context of Nepalese workplaces. Design/methodology/approach: It uses a descriptive-interpretative-qualitative approach to analyze the responses. Information is gathered through discussions with 85 higher- and middle-level managers of large and medium-sized organizations. Findings: The majority of Nepalese organizations accept safe and healthy working conditions, social relevance of work-life, social integration in the work organization, and work and total life space as the key aspects of QWL. They have become even more critical as a result of the COVID-19 pandemic. However, they face challenges in providing employees with opportunities for continued growth and security, immediate opportunity to use and develop human capacities, adequate and fair compensation and constitutionalism in the work organization. QWL-related provisions in Labour Act, 2017, play a vital role in promoting the QWL situation. The QWL programs offer many benefits to employees' private and working lives. The lack of such programs would undoubtedly have negative consequences for Nepalese companies. Compliance with labor laws will promote a better QWL situation at Nepalese workplaces. Research limitations/implications: Only managerial perspectives are considered for examining the current situation of QWL and the effectiveness of QWL-related provisions of the Labour Act, 2017. It excludes the views of union leaders. Practical implications: This paper indicates that labor laws' QWL-related provisions are effective. It also provides several policy measures for promoting a better QWL in Nepalese workplaces. Originality/value: This study presents QWL-related legal provisions and the actual situation at the workplaces of Nepal. It also presents the key aspects of QWL in the context of Nepal. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
10. Employee education, labor protection intensity and auditor risk perception.
- Author
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Shen, Xiaotian, Wu, Anni, Ding, Yi, Sun, Qian, and Liu, Mengge
- Subjects
EMPLOYEE education ,AUDITING fees ,EVIDENCE gaps ,AUDITORS ,LABOR laws ,RISK perception - Abstract
Prior literature finds senior executives can influence auditor decision making. However, few studies have discussed the impact of employee's personal characteristics. Our research aims to fill the above research gaps by examining the impact of employee level education on audit costs. Taking A-share listed companies in Shanghai and Shenzhen from 2006 to 2021 as the research object, this paper examines the impact of employee education on audit fees. It is found that highly educated employees can effectively reduce the audit fees borne by the company, but the implementation of the Labor Protection Law weakens this inhibitory effect. In the case of low marketization level and weak Confucian culture intensity, employee education level has a more significant inhibitory effect on audit fees of listed companies. This study provides a basis for empirical research on the impact of employee attributes on auditor decision making, provides a new research perspective on the impact of labor protection law at the corporate micro level, and enriches the theoretical research on corporate governance rooted in traditional Chinese culture. We contribute to the practice that implications for evaluating the effectiveness of adopting labor protection. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
11. Slovakia's departure from strong labor protection of employees as a consequence of the pandemic and the transposition of european directives.
- Author
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Mészáros, Peter and Švec, Marek
- Subjects
LABOR laws ,INDUSTRIAL relations ,EMPLOYERS ,LEGISLATIVE reform - Abstract
This scientific paper delves into the notable shift in Slovak labor law, which has departed from its historically strong emphasis on safeguarding the rights of employees, traditionally seen as the weaker party in labor relations. Until recently, this emphasis served as a substantial barrier against the globalizing and standardizing influences of employers. The paper identifies two key factors driving recent legislative "reforms" in Slovakia's labor regulation. These changes are rooted in the transposition of European labor law directives while also embracing a more liberal political perspective regarding the nature of labor relations. This shift involves moving away from rigid employee protection and adopting the concept of "increased flexibility" in employee work as a remedy for addressing the post-Covid-19 economic challenges. The previous emphasis on employee or employee representative involvement in defining working conditions, wages, and important employer decisions regarding work organization has shifted. This shift allows employers to act unilaterally, contingent on fulfilling new information obligations towards employees. However, the recent labor law reforms run counter to this historical legal tradition. Taking into account the wage levels in the Slovak Republic compared to the majority of other European Union member states, these reforms establish an unsettling level of labor law protection pro futuro of Slovak employees. [ABSTRACT FROM AUTHOR]
- Published
- 2024
12. TOO LITTLE, TOO LATE? HOW POLICYMAKERS AND REGULATORS RESPOND TO THE BUSINESS MODEL INNOVATIONS OF DIGITAL FIRMS.
- Author
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BIRKINSHAW, JULIAN
- Subjects
DIGITAL technology ,CONSUMER protection ,BUSINESS models ,LABOR laws ,PROPERTY rights - Abstract
Digitally enabled firms such as Alphabet, Amazon, and Meta achieved rapid growth in part through business model innovations that challenged the existing norms and regulations of the markets they entered. Research has explored aspects of their norm-breaking behavior—for example, getting users to behave differently, or offering free services to forestall competitors. I focus on their tactics for getting through or around regulatory infrastructure designed to protect consumers and other stakeholders. Specifically, I examine the relationship between large digital firms and three sets of institutional structures—competition policy, employment law, and individual property rights. I identify three tactics firms have used to overcome potential resistance: some have finessed regulations by identifying gaps and inconsistencies they could take advantage of, some have sidestepped regulations by arguing that those regulations do not apply to their situation, and others have nullified those rules by denying their existence altogether. I discuss regulatory responses to these tactics, from providing a free pass on one extreme, to doubling down on existing rules on the other extreme, and negotiating a new set of rules in themiddle. I concludewith thoughts on the role of institutional innovation in fostering economic development in the context of digital innovation. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
13. Regulation, Minimum Wage and Informality: Introduction to Symposium.
- Author
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Basu, Kaushik, Dercon, Stefan, Kanbur, Ravi, and Svejnar, Jan
- Subjects
CONFERENCES & conventions ,ECONOMIC development ,ECONOMIC conditions in developing countries ,LABOR laws ,MINIMUM wage ,EQUALITY - Abstract
Are markets in developing and transition economies overregulated or under-regulated? This is a perennial question in the development discourse, but one for which answers appear to come more from preset ideology than from context- specific analysis and evidence. These issues become even more pressing when the debate turns to the links between regulation, deregulation and inequality. The recent experience of rising inequality in many countries has also brought to the fore predictable policy positions. A key aspect of labor regulation in developing countries, and one becoming more prominent in the era of rising inequality, is the minimum wage. The range of issues around regulation, minimum wage and informality was addressed by papers presented to a conference held in New Delhi on December 17-18, 2014. The conference was co-sponsored by the World Bank, UK Department for International Development, Cornell University and Columbia University. The organizers of the conference were Kaushik Basu, Stefan Dercon, Ravi Kanbur and Jan Svejnar. A selection of papers from the conference which passed the usual review procedures of the Review of Development Economics, and a further selection of papers from those submitted to the journal, form this symposium. [ABSTRACT FROM AUTHOR]
- Published
- 2017
- Full Text
- View/download PDF
14. References.
- Subjects
LABOR laws ,BUSINESS partnerships ,BIBLIOGRAPHY - Published
- 2017
15. Prague Law Working Papers Series No I/2021 - New issue of Charles University in Prague Faculty of Law Research Papers.
- Author
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Šmejkal, Václav
- Subjects
LABOR laws ,MEDICAL care ,STAY-at-home orders ,CHILD rearing ,PARENTS - Published
- 2021
16. Charting a New Path: Regulating College Athlete Name, Image and Likeness After NCAA v. Alston Through Collective Bargaining.
- Author
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Jessop, Alicia, Baker III, Thomas A., Tweedie, Joanna Wall, and Holden, John T.
- Subjects
COLLEGE athletes ,NEGOTIATION ,LABOR laws ,MANAGERS of sports teams ,COLLEGE sports ,ANTITRUST law ,COLLECTIVE labor agreements - Abstract
This study examines the remaining options for sport managers to balance the interests of college athletes and the National Collegiate Athletic Association (NCAA) in regulating college athlete name, image, and likeness (NIL). The paper is divided into six substantive sections. The first section, "Background: The NCAA's Defense of NIL Restrictions," provides a brief history of the NCAA's legal defense to challenges against its NIL regulations. The second section, "U.S. Congress Is Unlikely to Regulate College Athletes' NIL Rights," addresses proposed federal legislation and Congress' willingness to regulate the use of NIL by college athletes. The third section, "The Impact of O'Bannon and Alston on NCAA's NIL Restraints," examines controlling case law, specifically O'Bannon v. NCAA and NCAA v. Alston, and how current antitrust law precedent shapes the scope by which the NCAA can regulate college athletes' NIL. The fourth section, "State Laws Regulating the NIL Marketplace," addresses state legislation regulating college athlete NIL use. The fifth section, "The Applicability of Labor Law to Regulating College Athletes' NIL," discusses the current college athlete NIL marketplace and analyzes whether labor law presents an optimal way forward for the NCAA to regulate NIL post-Alston. The sixth section, "College Athletes' Employee Status as a Pathway to Redefine the NCAA's Amateurism," concludes by examining the law's role in regulating NIL and discussing stakeholder implications. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
17. Normative Approach to Workers’ Mental Well-Being in the Digital Era.
- Author
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Zlatanović, Sanja Stojković and Sjeničić, Marta
- Subjects
MENTAL health ,EMPLOYEE rights ,RISK management in business ,LABOR laws ,WELL-being - Abstract
The paper aims to provide theoretical insights and explore the comparative legal practice of approaching mental health and well-being at the workplace by applying legal normative and comparative methods in a digitalized world of work. In this regard, subordination vs autonomy needs to be considered as a starting theoretical point accompanied by an overview of comparative legal approaches that have recently introduced some novel legal mechanisms, such as the right to disconnect to deal better with the exercise of fundamental labor rights. Additionally, introducing a psychosocial risk management model in occupational health and safety could significantly improve workers’ mental health and well-being in the digital age. Therefore, the proactive, holistic, and integrated approach to workers’ rights and status in the digital environment must be analyzed by exploring the bounding point between organizational management views on the subject and labor law standpoints. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
18. Beyond the Griliches biases.
- Author
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Andini, Corrado and Andini, Monica
- Subjects
BUSINESS cycles ,URBAN economics ,LABOR laws ,ECONOMICS education ,LABOR economics ,TUITION ,COMPULSORY education - Published
- 2024
- Full Text
- View/download PDF
19. Conciliation and Arbitration: Dispute Resolution Mechanisms in Bangladesh's Industry.
- Author
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Thakur, Sazeeda Johora
- Subjects
CONCILIATION (Civil procedure) ,ARBITRATION & award ,DISPUTE resolution ,LABOR laws ,LABOR disputes - Abstract
Purpose. This paper examines the different mechanisms used in Bangladesh to solve employment disputes, e.g. conciliation and arbitration, which are devised to maintain peaceful relationships between employer and employee. Design/methodology/approach. Research draws on legislation - i.e. the 2006, 2013, and 2015 versions of the Bangladesh Labour Act - and other documentation - e.g. conference papers and reports on Bangladesh. Findings. Overall, the paper points to the successful incorporation of different dispute resolution mechanisms, yet singling out those sectors where the use of conciliation and arbitration should be given careful consideration to prevent possible negative consequences. Research limitations/implications. The paper looks at the effectiveness of solving labour disputes through alternative settlement procedures prior to the involvement of national employment tribunals. Originality/value. The originality of the paper lies in its practical approach, as it looks at Bangladesh's both legislation and reports. Paper type. Research paper. [ABSTRACT FROM AUTHOR]
- Published
- 2018
20. Make it Worth the Paper It's Written On: Key Considerations in Drafting and Reviewing Employment Agreements in Nebraska.
- Author
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Fahleson, Mark A. and Paulson, Tara Tesmer
- Subjects
EMPLOYMENT ,LABOR laws - Published
- 2021
21. Productivity and job reallocation: evidence from the Indian manufacturing.
- Author
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Goswami, Diti
- Subjects
LABOR laws ,JOB creation ,INDUSTRIAL productivity ,EMPLOYMENT changes ,LABOR policy ,INDUSTRIAL relations - Abstract
Purpose: This study aims to examine the association between productivity growth and job reallocation in terms of job creation and job destruction. It also finds this productivity employment relationship for heterogeneous labor market institutions of the Indian states. Design/methodology/approach: The paper uses longitudinal data of the Annual Survey of Industries of Indian manufacturing from 2009–2010 to 2015–2016 and employs fixed-effect multinomial logistic regression. Findings: The paper finds a mixed result of total factor productivity (TFP) increase on employment. An increase in TFP is positively associated with employment by reducing the probability of destroying jobs, while adversely associated with employment by reducing the probability of creating jobs. The negative association of the increase in TFP on employment is more in the Indian states with strict labor regulations. Research limitations/implications: The relationship between TFP and employment can be endogenous. TFP is calculated as output changes that are not explained by inputs, capital and labor. So, job creation/destruction may affect TFP by changing the composition of employment and/or returns on labor/capital. In addition, this study is only restricted to Indian organized manufacturing. Practical implications: The results from this study help deeply understand the Indian labor market. In particular, it provides valuable insights into the "jobless growth" in Indian manufacturing and the recent changes in labor laws. Social implications: The findings from this study provide useful information to enhance the robust growth of productive jobs and efficient reallocation of labor. Originality/value: Unlike most papers, which analyzed the relationship between productivity growth and net employment changes, the present paper finds the relationship between improvement in productivity and job reallocation in terms of simultaneous creation of new jobs and destruction of existing jobs. In addition, the paper links this relationship with the existing heterogeneous labor laws of the Indian states. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
22. GETTING MORE THAN JUSTICE ON PAPER: BANKRUPTCY PRIORITIES AND THE CRISIS OF UNPAID WAGES.
- Author
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Kimhi, Omer
- Subjects
PRIORITIES of claims & liens ,WAGE lawsuits ,WAGES ,BANKRUPTCY ,INSURANCE law ,LABOR laws ,JUSTICE ,DEBTOR & creditor ,LAW - Abstract
The article discusses the legal aspects of bankruptcy wage priorities and unpaid wage claims in America as of 2015, and it mentions the U.S. Bankruptcy Code, as well as justice and the author's support for the adoption of an insurance-based model to help protect the legal rights of employees, employers, and unsecured creditors in America. Bankruptcy-related costs are examined, along with legal remedies and the problems associated with employees' efforts to collect unpaid wages from employers.
- Published
- 2015
23. Imagining Crises of Neoliberalism: Covid-19 Pandemic and (Im)Possibilities of Change in Turkey's Labour Regime.
- Author
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Damar, Erdem
- Subjects
NEOLIBERALISM ,COVID-19 pandemic ,LABOR laws ,ECONOMIC competition ,LABOR market - Abstract
This study critically engages with the 'end of neoliberalism' debates which have peaked following the globally detrimental impacts of the Covid-19 pandemic. The paper suggests that crises of the pandemic predetermine neither the end of neoliberalism nor its regeneration. It is argued that 'death or resurrection' of neoliberalism is conditioned in the ways through which subjects experience ongoing crises and translate them into particular actions. On that basis, the paper focuses on Turkey's labour regime under pandemic conditions to reveal how the imaginings and political practices of the Turkish state, companies, and (self-employed courier) workers regenerate the enduring principles of neoliberalism – including (global) market competitiveness, deregulation, labour market flexibility, economic individualism, and status-seeking – even in moments of crises. The paper concludes with a brief discussion on the emerging visibility of alternative modes of practices, which potentially involve new possibilities to mobilise towards post-neoliberal politics under crisis-ridden pandemic conditions. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
24. European Environment, Social, and Governance Norms and Decent Work: Seeking a Consensus in the Literature.
- Author
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Dziewulska, Agnieszka and Lewis, Colin W. P.
- Subjects
SUSTAINABLE development ,LITERATURE ,LABOR laws ,INSTITUTIONAL environment ,BUSINESS ethics - Abstract
Decent Work is considered essential to the facilitation of a transition to greener, fairer, more prosperous, and more just societies. Decent Work represents a fundamental component of the Sustainable Development Goals (SDGs) and a crucial facet of European Union (EU) environment, social, and governance (ESG) norms. Despite its prominence, the precise definition and materiality of Decent Work is obscure and remains subject to limited consensus. To understand these critical gaps, we conducted a comprehensive review with a systematic search of the literature on the subject, encompassing both scientific research and institutional publications. Our review encompassed 517 papers, with a particular focus on three key areas: (1) delineating the constituents of Decent Work, (2) exploring the materiality of Decent Work, and (3) examining how firms value, measure, and report Decent Work. The domain of regulated reporting for Decent Work and its material impact is relatively nascent, resulting in limitations in effectively measuring its tangible, material effects towards a green and just transition. Consequently, our review, with a systematic search of the literature, uncovered notable gaps within the body of literature concerning Decent Work, its substance for ESG materiality regulations, and its conspicuousness for a just transition. Furthermore, our review serves as a critical foundation for fostering discussions and emphasises the practical implications of enumerating the materiality of Decent Work, without which a just transition would be unattainable. By highlighting these deficiencies, we aim to enhance the understanding and implementation of the materiality of Decent Work within the broader context of ESG and the green transition. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
25. Editorial.
- Author
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Pyman, Amanda and Taksa, Lucy
- Subjects
INDUSTRIAL relations ,LABOR laws ,MARKETING management ,DIVERSITY in the workplace ,COLLECTIVE labor agreements ,PEOPLE with disabilities - Published
- 2022
- Full Text
- View/download PDF
26. From Industrial Citizenship to Private Ordering? Contract, Status, and the Question of Consent.
- Author
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Dukes, Ruth and Streeck, Wolfgang
- Subjects
GIG economy ,WEALTH inequality ,CONTRACTS ,CITIZENSHIP ,LABOR laws ,INCOME inequality ,SOCIAL action - Abstract
Copyright of Max-Planck-Institut für Gesellschaftsforschung Discussion Papers is the property of Max Planck Institute for the Study of Societies and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
27. An evaluation of the global supply chain codes of conduct concerning soft law regulations of labour.
- Author
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An, Nguyen Binh
- Subjects
SOFT law ,CODES of ethics ,SUPPLY chains ,LABOR laws ,INTERNATIONAL alliances - Abstract
of this paper contains several informations about different global supply chain codes and conducts. There are several soft regulations of the labours in Vietnam. Soft law has been a troublesome subject in the domain of "common freedoms." The expression "delicate regulation" regularly oversees specific arrangements, affirmations, and other comparative elements. Ordinarily, the worldwide area, which includes the worldwide production network, is represented. In any case, since it is semi legitimate in nature, it isn't efficiently lawfully bound. Accordingly, it is being perceived by various global associations. Workplace compliance in the global supply chain in Vietnam has been discussed here. Moreover, Labour-related code of conduct in Vietnam is also derived here. Different settlements and international alliances, then again, are often arranged, expanding the compass of the working environment production network organization. Therefore, these guidelines in the delicate regulation passively affect the plan of hard regulations to further develop work conditions in the worldwide production network organization. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
28. Special Issue: Sustainability, Work and Growth in the Context of SDG 8.
- Author
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Bilek-Steindl, Sandra, Kettner, Claudia, and Mayrhuber, Christine
- Subjects
VOCATIONAL guidance ,SUSTAINABILITY ,ECONOMIC indicators ,EMPLOYMENT policy ,LABOR laws - Abstract
SDG 8 calls for "Promoting sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all". Https://doi.org/10.20378/irbo-54822 8 Kreinin H, Aigner E. From, "Decent work and economic growth" to "Sustainable work and economic degrowth": a new framework for SDG 8. Following the workshop "Sustainability, Work and Growth" organised by WIFO's thematic platform "Sustainability and Inclusivity" in March 2021, this special issue collects a selection of papers presented. [Extracted from the article]
- Published
- 2022
- Full Text
- View/download PDF
29. Nonwaivability of Labour Rights, Individual Waivers and the Emancipatory Function of Labour Law.
- Author
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Bogoeski, Vladimir
- Subjects
EMPLOYEE rights ,WAIVER ,FORCED labor ,LABOR laws ,CAPITALISM - Abstract
This paper intervenes in ongoing discussions on emerging legislation and jurisprudence across jurisdictions offering employees the possibility to renounce established labour rights through individual labour rights waivers. Building on discussions about consent and coercion in the employment relationship, the paper argues that individual labour rights waivers in most cases undermine labour law's overall emancipatory potential, as they reverse the decommodifying effects of nonwaivable labour rights by re-appropriating the capitalist market logic that those very rights seek to offset. The paper's intervention is twofold. It first develops the argument about the emancipatory function of labour law, and uses it to examine the negative effects of individual waivers on labour law's capacity to emancipate working people and society at large. Second, the paper introduces a jurisdiction that until now has not been considered in the discussions on individual waivers, namely Germany. Although discussions on individual waivers in the scholarly discourse in Germany are marginal, the paper examines what current exceptions to nonwaivability might qualify as waivers, and argues that the reasons why individual labour rights waivers are less present lie in the strong collective dimension of the ideational framework that underpins German labour law. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
30. EN LOS PAPELES: DE SERVIDORAS DOMÉSTICAS A TRABAJADORAS. EL CASO ARGENTINO.
- Author
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Jaramillo Fonnegra, Verónica and Alejandra Rosas, Carolina
- Subjects
LABOR laws ,HOUSEHOLD employees ,EMPLOYEE rights ,EMPLOYMENT discrimination ,OCCUPATIONS -- Law & legislation ,WORKING hours ,MATERNITY leave - Abstract
Copyright of Estudios de Derecho is the property of Estudios de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2014
31. Between law and voluntary sustainability standards: a case study of the labor conditions in Brazilian coffee production.
- Author
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Benzaquen Perosa, Bruno, Macchione Saes, Maria Sylvia, and Marcelino de Jesus, Clesio
- Subjects
COFFEE manufacturing ,LABOR law reform ,WORK environment ,EMPLOYEE rights ,LABOR laws ,INSTITUTIONAL environment - Abstract
Copyright of Revista de Economia e Sociologia Rural is the property of Sociedade Brasileira de Economia e Sociologia Rural and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
32. The Challenges of Algorithm Management: The Spanish Perspective.
- Author
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Prado, Daniel Perez del
- Subjects
ALGORITHMS ,LABOR laws ,DISRUPTIVE innovations ,ARTIFICIAL intelligence ,DIGITAL technology - Abstract
This paper focuses on how Spain's labour and employment law is dealing with technological disruption and, particularly, with algorithm management, looking for a harmonious equilibrium between traditional structures and profound changes. It pays special attention to the different actors affected and the most recent normative changes. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
33. The Challenges of Algorithm Management: The Spanish Perspective.
- Author
-
Perez del Prado, Daniel
- Subjects
ALGORITHMS ,LABOR laws ,ARTIFICIAL intelligence - Abstract
This paper focuses on how Spain's labour and employment law is dealing with technological disruption and, particularly, with algorithm management, looking for a harmonious equilibrium between traditional structures and profound changes. It pays special attention to the different actors affected and the most recent normative changes. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
34. Introduction: Academic Freedom and Labour Law - The Canadian Experience.
- Author
-
Lynk, Michael
- Subjects
ACADEMIC freedom ,LABOR laws - Published
- 2023
35. Effects of Big Data Analytics on Sustainable Manufacturing: A Comparative Study Analysis.
- Author
-
ER, Ching Horng and MOSAWI, Thikrait Al
- Subjects
BIG data ,MANUFACTURING industries ,LABOR laws ,ENERGY consumption ,ECONOMIC development - Abstract
Application of big data analytics (BDA) is seen in various disciplines within an organization to predict trends, explore opportunities and monitor performance. Among all the industries, BDA presents immense value in sustainable manufacturing (SM) given that it is an industry that consumes a high amount of energy, emits high amounts of waste and carbon emissions and requires a large amount of manpower. This paper aims at illustrating the effects of BDA in supporting SM by studying the Indian manufacturing firms which have unfavorable labor laws compared to other developing countries. With an extensive literature review, this paper discusses the relationship between BDA and sustainability, the capabilities of BDA, the concept of SM, the BDA framework for SM, the relationship between Industry 4.0 and SM and the challenges of implementing BDA. Using qualitative meta-analysis research methodology, the paper examines the nine common critical success factors that enable SM through BDA implementation by comparing 15 primary studies. Finally, the paper concludes the research findings and outlines future research directions. The study provides theoretical and practical contributions to BDA implementation in achieving effective SM practices in emerging economies. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
36. Treatment and Legal Protection During the Resolution of Employment Relationships Disputes in The Republic of Kosovo.
- Author
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KRYEZI, Alban and RIZA, Arif
- Subjects
INDUSTRIAL relations ,DISCHARGE of contracts ,LABOR laws ,JOB involvement ,JUDGES ,CIVIL service ,RIGHTS - Abstract
This paper in the comprehensive aspect is of a combined character, which includes the summary and research features of the research topic, providing sufficient knowledge for the employment relationship and rights from this field in Kosovo. The paper initially contains historical aspects of the development of law and labour relations in Kosovo. In addition to this, it further contains important comparative aspects, offering the possibility of dealing with labour disputes, as well as to analyse the advantages and difficulties offered by the legal framework in dealing with this issue. The paper presents the role of responsible institutions, including the court, respectively, the trend of judicial practice for conflicts arising from labour relations. On the other hand, it also includes statistical data based on the annual work reports of the competent institutions that inspect the respect of the rights derived from the employment relationship. In order to secure the data, the comparative method of interweaving the main legal sources that determine the field of competence of the competent institutions was used. The second method is the research method through interviews conducted with officials in charge of state institutions whose duty is to protect the rights of this category. In order to provide numerical data, a statistical method was used, through which the number of complaints received by the Independent Supervisory Council for the Civil Service of Kosovo was presented, and on the other hand, the total number of employees without labour contracts in the inspected institutions by the Labour Inspectorate was presented in three last years. Based on the interviews conducted with judges, it is emphasized that regarding the nature of the disputes that are presented the most are: requests for the annulment of the employer's decisions which, as a result, have caused the termination of the labour contracts, complaints for returning to the workplace with all the rights guaranteed by law as well as requests for the cancellation of competitions. The data indicate that during these last three years, the year 2021 has been the year with the most complaints registered by the Independent Supervisory Council [ABSTRACT FROM AUTHOR]
- Published
- 2023
37. OCHRANA OZNAMOVATELŮ (NEJEN) VE STÁTNÍ SLUŽBĚ.
- Author
-
MORÁVEK, JAKUB
- Subjects
CIVIL service ,LABOR laws ,WHISTLEBLOWING ,WHISTLEBLOWERS - Abstract
The paper is focused on the topic whistleblowing. The paper discusses the new whistleblowers act. The attention is focused on the scope of the legislation, the conceptual definition of protected reporting and on the position of the relevant person. The conclusions reached are applicable both to the civil service and to labour law relationships. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
38. THE IDEA OF FLEXICURITY IN THE CONTEXT OF THE WORK-LIFE BALANCE DIRECTIVE ON THE CASE OF POLAND.
- Author
-
Małajowicz, Anna Barwińska and Pyrek, Radosław
- Subjects
PERSONNEL management ,LABOR laws ,WORK-life balance ,CONTINGENT employment ,STAGNATION (Economics) - Abstract
Copyright of Young Science / Mladá Veda is the property of Vydavatelstvo Universum and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
39. Conscientious Objection in an Uncertain Time: New Challenges in Ireland.
- Author
-
Ryan, Desmond, Lasek-Markey, Marta, Mulligan, Andrea, Hogan, Linda, and Tunder, Bryana
- Subjects
CONSCIENTIOUS objection ,EUROPEAN Convention on Human Rights ,ABORTION ,EMPLOYEE rights ,LABOR laws - Abstract
This paper explores the legal framework concerning the conscientious objection rights of employees in Ireland and critically considers how the various sources within that legal framework may overlap and intersect. It specifically considers the uncertainties created by section 22 of the Health (Regulation of Termination of Pregnancy) Act 2018 and its interaction with the Constitution of Ireland, the common law, other statutory regimes in employment law, EU law and the European Convention on Human Rights. In conducting this analysis, the paper attempts to map out likely future directions of travel within the law of conscientious objection in the context of termination of pregnancy in Ireland. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
40. THE FRENCH DEFECTION.
- Author
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ANGELOS, JAMES
- Subjects
- *
LABOR laws , *PAPER mills , *STOCK exchange policy , *LABOR unions - Abstract
The article cites Franck Sailliot, a 48-year-old trade unionist who had worked much of his adult life in a paper mill in a town. The demonstrators who made their way through Lille's town center, passing the ornate 17th- century stock exchange, have shouted "Fire the stockholders" and "Everything they have, they stole it!." Information about the General Confederation of Labor, or the C.G.T. , Slliot's union, , among the most strident opponents of the new labor law, is presented.
- Published
- 2017
41. An analytical framework for employment regulation: investigating the regulatory space.
- Author
-
Inversi, Cristina, Buckley, Lucy Ann, and Dundon, Tony
- Subjects
LABOR laws ,INDUSTRIAL relations ,DEREGULATION ,LEGAL rights - Abstract
Purpose The purpose of this paper is to advance a conceptual analytical framework to help explain employment regulation as a dynamic process shaped by institutions and actors. The paper builds on and advances regulatory space theory.Design/methodology/approach The paper analyses the literature on regulatory theory and engages with its theoretical development.Findings The paper advances the case for a broader and more inclusive regulatory approach to better capture the complex reality of employment regulation. Further, the paper engages in debates about the complexity of employment regulation by adopting a multi-level perspective.Research limitations/implications The research proposes an analytical framework and invites future empirical investigation.Originality/value The paper contends that existing literature affords too much attention to a (false) regulation vs deregulation dichotomy, with insufficient analysis of other “spaces” in which labour policy and regulation are formed and re-formed. In particular, the proposed framework analyses four different regulatory dimensions, combining the legal aspects of regulation with self-regulatory dimensions of employment regulation. [ABSTRACT FROM AUTHOR]
- Published
- 2017
- Full Text
- View/download PDF
42. Examining the workplace rights of mental health consumer workers.
- Author
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Katterl, Simon
- Subjects
LABOR supply -- Law & legislation ,LABOR laws ,INDUSTRIAL safety laws ,EMPLOYEE rights ,INDUSTRIAL hygiene laws ,LEADERSHIP ,DISCRIMINATION (Sociology) ,MENTAL health ,RESPONSIBILITY - Abstract
Objective: To identify what legal workplace protections are available for the mental health consumer workforce in Australia. Methods: Review the available common law and legislative protections to identify the general workforce rights and employer responsibilities in Australia. Results: Consumer workforce members enjoy protections under employment law, anti-discrimination law, tort law and work health and safety law. Conclusions: Consumer workforce members would benefit from understanding and exercising their rights, whereas employers should have better regard to their obligations under common law and legislation. However, further empirical research is needed to assess whether these legislative and policy frameworks sufficiently protect the rights of consumer workers. What is known about the topic? Australia's mental health consumer workforce is expanding. Traditional roles such as consumer consultants and peer support workers are multiplying, as are newer roles such as systemic advocacy, supervision and executive roles. However, the consumer workforce continues to face low pay conditions, stigma, discrimination and unsafe work conditions. What does this paper add? This paper clarifies how these unsatisfactory workplace conditions interface with existing employment-, anti-discrimination- and occupational health and safety-law rights and obligations. In doing so, it signals the key protections in place for the consumer workforce. What are the implications for practitioners? Consumer workers can better understand and exercise their rights. Equally, employers can better understand their obligations to mental health consumer workers, and how they may meet them. Policymakers can consider whether these frameworks are sufficiently protecting mental health consumer workforce rights. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
43. The interpretative approach to bankruptcy law.
- Author
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Nsubuga, Hamiisi Junior
- Subjects
BANKRUPTCY ,LABOR laws ,JURISPRUDENCE - Abstract
Purpose This paper aims to highlight how an interpretative approach to law as posited by Dworkin may be used to remedy the tension between employment protection and corporate rescue laws.Design/methodology/approach This paper adopts a doctrinal and theoretical approach to law.Findings The tension between corporate rescue and employment protection laws affects both employees’ and business owners’ policy objectives on corporate insolvency. The theoretical perspectives of both the traditionalists and proceduralists have so far failed to provide a clear approach on how this tension may be balanced or remedied. This paper proposes that this tension may be remedied through interpretation, that is, by adopting Dworkin’s Interpretative Approach to Law.Originality/value Most researchers and academics have written extensively about the tension between corporate rescue and employment protection, but this paper is the first of its kind to propose a remedy to this tension through interpretation. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
44. Solidaridad impropia y su controvertida admisión por la jurisprudencia social.
- Author
-
RUZ LÓPEZ, JOSÉ MARÍA
- Subjects
LABOR laws ,STRICT liability ,APPELLATE courts ,CONSTITUTIONAL courts ,CONTRACTS - Abstract
Copyright of Revista Crítica de Relaciones de Trabajo, Laborum is the property of Ediciones Laborum S.L. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
45. THE ROLE OF THE INTERNATIONAL LABOUR ORGANISATION IN SHAPING WORKING CONDITIONS IN THE TEXTILE INDUSTRY.
- Author
-
Miernicka, Irmina
- Subjects
TEXTILE industry ,WORK environment ,INDUSTRIAL hygiene ,LABOR laws - Abstract
Copyright of Acta Universitatis Lodziensis. Folia Luridica is the property of Wydawnictwo Uniwersytetu Lodzkiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
46. The UK Pay Transparency Regulations: apparent transparency without accountability?
- Author
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Benedi Lahuerta, Sara, Rejchrt, Peter, and Patrick, Alex
- Subjects
- *
GENDER wage gap , *INCOME distribution laws , *INCOME gap , *LABOR laws , *EQUAL pay for equal work laws - Abstract
The UK enacted its first legal measure to address gender pay inequity, the Equal Pay Act 1970, more than 50 years ago. Yet, in 2021, the gender pay gap (GPG) still stood at 15.4%. Departing from the remedial and individual approach that characterises equal pay legislation, the 2017 Gender Pay Gap Information Regulations (the Regulations) require private and voluntary sector organisations with 250+ employees to annually publish pay data broken down by gender. The long-term aspiration of the Regulations is to contribute to closing the GPG within a generation. It is also hoped that they will encourage the public disclosure of pay data and changes in workplace policies to reduce organisational GPGs (immediate aims) and improve employers' accountability (underlying aim). This paper considers whether the Regulations have what it takes to meet those immediate and underlying aims. Our assessment framework is built on the premise that for public disclosure to be useful and for employers to tackle the causes of the GPG, the information reported must be of sufficient quality, meaningful and relevant. The paper draws on both doctrinal analysis and empirical data reported by FTSE 100 Index companies to assess the Regulations and determine whether they hold the potential to meet those aims. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
47. EFECTELE DECIZIEI DE REVOCARE A DECIZIILOR DE PENSIE ASUPRA RAPORTURILOR DE MUNCĂ.
- Author
-
ATHANASIU, ALEXANDRU and VLĂSCEANU, ANA-MARIA
- Subjects
OLD age pensions ,OLD age assistance ,DISMISSAL of employees ,LABOR laws ,JUSTICE ,BABY boom generation ,ACCESS to justice - Abstract
This paper focuses on the legal effects triggered by the revocation of pension decisions over the employment relations, with a special emphasis on the case where the employer ascertains the termination of employment as a result of the employees’ decision to retire. First, we perform a critical analysis of the Decision No 54/2022 rendered by the High Court of Cassation and Justice, where the Court basically ruled that the rejection of a request to benefit from old age pension with the reduction of the standard retirement age during a review process triggers the application of the Civil Code rules on the effects of nullity in what concerns the employers’ decision ascertaining the termination of employment by operation of law under Article 56 (2) and Article 56 (1) c) of the Labour Code. Concretely, we argue that the ruling rendered by the High Court of Cassation and Justice ignores the legal requirements concerning the revocation of administrative acts, namely for these acts not to have entered the civil circuit, as a well the particularities of employment relations, which are incompatible with a tale quale application of the civil nullity principles. Secondly, the study concentrates on the elaboration of de lege ferenda proposals aimed at clarifying the legal regime applicable to employment relations in case where the act based on which the termination of employment is ascertained is annulled. [ABSTRACT FROM AUTHOR]
- Published
- 2024
48. Terminating an Employment Contract at the Employer's Will: Does Expensive and Simple Mean Safe? Lithuanian Model.
- Author
-
Bartninkas, Marius
- Subjects
LABOR contracts ,CONTRACT employment ,LABOR laws ,DISMISSAL of employees ,LAW reform - Abstract
This paper aims to reveal the nature, specifics and limits of application of one of the legal grounds for termination of employment relationships established in the labour law of the Republic of Lithu ania – termination of the employment contract at the employer's will. The analysis tests the hypothesis that the goal of increasing flexibility by simplifying the termination of employment relations, which was set at the initiation of the reform of the legal regulation, was not achieved. The presumption is put forward that this ground for terminating the employment contract is neither new nor safely applicable, and the benefits of relatively simplified procedural requirements do not outweigh increased financial burden. To reveal the impact of statutory amendments in question on the regulation of termination of employment relations in Lithuania, the historical background and the impact of obligations established in international documents on it are assessed, key indicators (such as legal grounds, procedural requirements, burden of proof and order of its distribution, etc.) are identified, and the relevant case law is examined. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
49. Greening work: labor market policies for the environment.
- Author
-
Bohnenberger, Katharina
- Subjects
VOCATIONAL guidance ,LABOR laws ,PARIS Agreement (2016) ,EMPLOYABILITY ,SOCIAL integration ,SUSTAINABLE development - Abstract
Jobs are essential for social inclusion, raising taxes, and guaranteeing the financial resilience of (welfare) states. At the same time, the Sustainable Development Goals, the Paris Agreement, and the European Green Deal require the greening of our economies and labor markets. This paper assesses how labor market policies can green employment. The paper analyses the potential effects of eight different policy strategies on four dimensions of the Taxonomy of Sustainable Employment: conversion of plants and businesses, environmental labor law, climate decommodification, socio-ecological job guarantee, vocational guidance and retraining, distribution of employment time, alternative income sources, and equalization of income. All eight strategies have the potential of greening employment but feature different intensities in the four dimensions. In the light of environmental crises, the results suggest widening the toolbox of labor market policies for a green and just transition. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
50. The approach of EU labour law in redressing the problems of working parents and carers.
- Author
-
Ristovski, Aleksandar and Kalamatiev, Todor
- Subjects
WORKING parents ,LABOR laws ,FAMILIES ,FLEXIBLE work arrangements ,EUROPEAN Union law ,WOMEN'S rights - Abstract
Copyright of Stanovništvo is the property of Demographic Research Center of Institute of Social Sciences and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
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