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Digital surveillance in the workplace also brings new challenges in terms of occupational health and safety. The use of algorithmic management and surveillance technologies in the workplace affects the privacy and rights of employees, can hinder freedom of association and damage working conditions, as well as their mental and physical health. At the level of the European Union, the regulation of the use of algorithms at the workplace is aimed at by proposing a directive to improve the working conditions of people working through digital work platforms. The exact legal status of workers on digital platforms, namely whether they should be classified as employees or not, remains an open discussion at European level. The occupational health and safety risks encountered in the case of work on digital platforms are not specific and exclusive to it, as most of them are also specific to work performed outside such a platform. Unionization is one of the measures by which the European Agency for Safety and Health at Work shows that steps can be taken to improve health and safety conditions when working on digital platforms. [ABSTRACT FROM AUTHOR]

Trade and foreign direct investment (FDI) relations between developing and developed countries can lead to ratcheting-up of labor standards. Past research, however, has relegated developing countries to a passive role in the global economy while simultaneously largely ignoring variation between developed countries' degree of protection of labor rights. In this study, we consider FDI by developing countries into Europe and how it can lead to labor upgrading. We argue that the obligations to upgrade implied by Europe's regulatory environment will pressure developing country firms with strategic asset-seeking FDI to upgrade their practices which can subsequently diffuse in their home countries. We tease out this specific mechanism from others through a comparative research design juxtaposing FDI into high standard social Europe and the relatively low standard United States for a panel of 122 developing countries in the period 2001–2010. Our analysis compares how FDI into each location affects both collective and individual labor rights, finding that FDI into "Social Europe" leads to the improvement of labor standards, particularly trade union rights and substantive rights relating to working conditions, while there is no such upgrading effect for FDI into the United States. These findings are robust to multiple specifications, including an innovative application of the measurement strategy in studies on trading-/investing-up effects. This research helps us to understand two underappreciated facets of this latest phase of globalization: the rise of developing countries as agents of global integration and how regulatory disparities between potential economic partners can affect labor upgrading in those same developing countries. Any weakening of the European social model should consider its external consequences. [ABSTRACT FROM AUTHOR]

In this article, an analysis is made on the Lagos del Campo vs. Peru Judgment and the way in which said judgment carries out a jurisprudential dialogue with the criteria established by the Supreme Court of Justice of the Nation. In the same way, a reflective pause is made around the conceptual boundaries of labor human rights, in order to identify whether in the case of freedom of expression it is a human right that develops in different areas of human relations, or if it is a purely labor human right, with essential elements that only in the work environment have life and develop, with the universality that a human right is characterized. With this perspective, the fundamental points of the sentence in Lagos del Campo vs. Peru are touched upon, when analyzing the human right to freedom of expression, freedom of association, and stability in employment. [ABSTRACT FROM AUTHOR]

The International Labor Rights Case Law article titled "Report of the ILO's Second Commission of Inquiry into Labour Rights in Myanmar: Continued Forced Labour and Violations of Freedom of Association" discusses the findings of the International Labour Organization's (ILO) Commission of Inquiry on Myanmar. The report focuses on freedom of association and forced labor, specifically examining the application of ILO Conventions No. 87 and 29, which Myanmar ratified in 1955. The commission was unable to visit Myanmar and instead gathered information from sources in exile and neighboring countries. The report highlights the deterioration of labor rights since the military coup in February 2021, with violations including repression of trade unions, forced labor, and violations of freedom of assembly. The commission provides recommendations for immediate action and long-term reforms, emphasizing the need for a democratic government and strengthened labor laws. The article also discusses the potential impact of ILO decisions on Myanmar's compliance with labor rights standards. Despite the challenges posed by the military regime and lack of international recognition, the ILO can continue to work with social partners in Myanmar to support civil society organizations and promote social justice. [Extracted from the article]

The South African Constitutional Court recently ruled that employers are not entitled to use replacement labor during a lock-out that is not directly in response to a strike. This decision limits the use of temporary replacement labor during collective bargaining and aims to protect the right to strike. The court's interpretation aligns with international labor standards and emphasizes the importance of interpreting domestic labor laws in light of international norms. This ruling could have implications for collective bargaining dynamics in South Africa and serves as a benchmark for other jurisdictions facing similar labor law dilemmas. [Extracted from the article]

The article discusses the Digital Platform Workers' Rights Act 2022 in Canada and its impact on platform workers. It highlights the growth of platform work in Canada and the need for regulation to protect the rights of platform workers. The Act establishes rights for platform workers and addresses issues related to their classification and working conditions. However, there are concerns about the effectiveness of the Act, particularly regarding data transparency, determinacy, and the substance of the rights outlined. The article also acknowledges the challenges and complexities surrounding the classification of platform workers and the need for further research to understand their experiences. Overall, the Act is seen as a step in the right direction, but its effectiveness depends on the development of appropriate infrastructure for asserting claims and resolving disputes. [Extracted from the article]

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Resumen: La libertad de asociación puede englobar el derecho sindical a emprender acciones colectivas en interés de los afiliados. En ese sentido, se presume que los sindicatos aumentan la libertad de los trabajadores. Sin embargo, no se ha estudiado suficientemente la vinculación entre esa libertad, entendida como realización personal, y la acción colectiva sindical que crea coaliciones con la sociedad civil. Partiendo de los conceptos de libertad de Berlin (1969) y MacCallum (1967), en este artículo se evalúa cómo influyen esas coaliciones en la libertad de los trabajadores. Posteriormente, desde una perspectiva democrática radical (Laclau y Mouffe 2001) de la participación sindical en el movimiento de transición justa en Nueva Zelandia, se examina si los sindicatos amplían esa libertad. [ABSTRACT FROM AUTHOR]

Resumen: El presente estudio tiene por objeto el ejercicio de los derechos de libertad de asociación, libertad sindical y negociación colectiva de los trabajadores de plataformas, a la luz de las recientes experiencias de organización colectiva en todo el mundo, desde una perspectiva que inscribe esos derechos en el marco de los derechos humanos. La rápida evolución del mundo del trabajo trae consigo profundos cambios que invitan a adoptar un enfoque capaz de extender la protección a todos los trabajadores, independientemente de su situación laboral, al amparo de derechos que —como la negociación colectiva— emanan de instrumentos internacionales de derechos humanos. [ABSTRACT FROM AUTHOR]

This paper examines the exercise of the rights to freedom of association and collective bargaining by platform workers. It focuses on several significant developments involving the collective organization of platform workers worldwide, and considers the rights to freedom of association and collective bargaining as human rights. It contends that the shifting context of work has led to changes in modern workplaces, which, in turn, have generated a novel interest in the adoption of a human rights‐based approach towards labour protection. This approach considers that all workers are entitled to rights, such as the right to collective bargaining, which derive from international human rights instruments. [ABSTRACT FROM AUTHOR]

This article deals with employees' right to freedom of association and their protection against victimisation when exercising this right in the workplace. First it explains the concepts of "freedom of association" and "victimisation". It then considers the protection of employees against victimisation for exercising the right to freedom of association internationally and domestically, however, only in the employment context. It considers the protection of the right to freedom of association in South Africa in terms of the Constitution and its regulation under various sections of the LRA. It also looks at limitations on the right to freedom of association and the remedies available to employees who experience victimisation because of exercising this right. It further considers the regulation of the right to freedom of association in the UK. It argues that although this right is well protected internationally and domestically, employees still experience victimisation as a result of exercising it. It further argues that the protection of this right and its exercise by employees is necessary to bring a balance to an uneven relationship between employers and employees in the workplace. It concludes that trade unions together with employers have a responsibility to ensure that employees exercise their constitutional right to freedom of association with no fear of victimisation. [ABSTRACT FROM AUTHOR]