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The article, titled "The Role of Migration in Classes of Labour: Work and Life in a Central Indian Steel Town," provides an ethnographic study of the industrial workers in the central Indian steel town of Bhilai. The author explores various topics such as labor recruitment, reservations, promotions, and unions, as well as the relationship between caste and class. The article highlights the significant role of labor migration in shaping and reproducing capitalism in Bhilai, emphasizing how migration created the city and transformed rural sending regions. It also discusses how migration contributes to the formation and consolidation of class divisions among workers, as well as the impact of migration on class-based superiority and non-class identities. The article concludes by raising questions about the potential for migration to challenge capitalism and foster working-class solidarity in the future. [Extracted from the article]

Restrictive covenant laws in many U.S. states allow noncompete clauses in contracts between employers and physicians. The Federal Trade Commission (FTC) recently issued a final rule stating that noncompete clauses are in violation of the FTC Act, and most analysts expect the Supreme Court will have to resolve these differences. This article reviews the history of restrictive covenant laws, contrasts the perspectives of physicians and employers, and describes the legal issues. Restrictive covenants (RCs) are clauses placed into employment agreements across various industries, and they are frequently used in health care—specifically within physician contracts. Given the most recent guidance and rule determined by the Federal Trade Commission in April 2024, the relevancy of RCs in health care has come under even more scrutiny in the latter half of 2024. This review will focus on the history of RC law and review the value of these clauses from the perspectives of the employer, practicing physician, and patient. We also provide the stakeholder responses to both the ban and the subsequent blockage of enforcement by a Texas federal court in August of 2024. [ABSTRACT FROM AUTHOR]

This article provides long-term evidence on how wage differentials between permanent and temporary workers are shaped by institutions that play a key role in labour market dualism, i.e. industrial relations, employment protection legislation and unemployment benefits. A two-step multilevel approach with fixed effects is employed using EU-SILC data for 25 European countries spanning up to 17 years (waves 2004–2020, N  = 397) to estimate the moderating effects of several institutions and their interactions on the wage gap by contract type and across the whole wage distribution. The results show that more insider-oriented institutions tend to widen wage differentials and that the impact of institutional reforms on the wage gap varies greatly with the given institutional context. Overall, policy trends towards flexibilization risk widening insider–outsider divides due to accumulating labour market risks for temporary workers, thus increasing labour market segmentation by contract type. [ABSTRACT FROM AUTHOR]

The concept of employment security forms the foundation of labor relations in the United States. The question is: what does the concept of employment security for workers entail, and how is it reflected in the United States? The strategies for ensuring employment security in America could serve as an ideal model for delineating job security for workers in Iran. Employment security and job security are two distinct but related concepts. Employment security means that a worker can easily find re-employment based on their abilities, regardless of the type of employment relationship. In contrast, job security relies on government support for the continuity of a worker's employment. Legal protections for workers in the United States are provided through the right to collective bargaining and individual employment protections. The nature of labor relations in the United States is based on the flexibility and freedom of the parties to terminate the employment contract. In this country, the issue of employment security is prioritized over job security. Employment policies, at will, as a complement to employment security, assume that labor relations in America are contractual, leading to greater flexibility and the mobility of workers across various economic sectors instead of job stability. [ABSTRACT FROM AUTHOR]

This article examines gendered household dynamics and the organization of labour in Entrepreneurial Households (EHs), using Glucksumann's Total Social Organization of Labour theory (TSOL). It challenges the perception of EHs as neutral spaces and argues that analysing households provides a more nuanced understanding of the gendered dynamics in households where a member is formally self-employed or owns a business. While women may work for these businesses and contribute to household income through other employment, their labour is often unpaid, intertwined with gendered roles and viewed as a readily available household resource rather than formal employment subject to contracts. This leaves women vulnerable to coercion and exploitation, limiting their opportunities for formal employment and education outside the household. Even after years of significant informal work, they may remain without recognized careers or experience. Such gender dynamics and organization of labour also differ, depending on whether the registered business owner is a man or woman. The article subsequently highlights ongoing inequalities in household labour division, often obscured by the prioritization of 'men's work', while emphasizing the crucial role of the broader household in business survival. [ABSTRACT FROM AUTHOR]

Noncompete agreements in the employment context have become increasingly controversial. For almost a decade, there has been an ongoing national debate about their enforceability and legality. This debate initially culminated in a proposed, and ultimately final, rule by the Federal Trade Commission (FTC) to completely ban noncompete agreements. Despite increased state and federal regulation of noncompete agreements, workers still incur detrimental consequences due to restraints imposed by the agreements. One reason workers continue to endure negative effects from noncompetes is that some employers disregard state statutes governing noncompete agreements and include unenforceable provisions in their employment contracts. As a result, these unenforceable provisions intimidate uninformed workers and limit their alternative job opportunities to the benefit of the employer. Although there have been many calls to bring actions against employers who include facially unenforceable noncompete provisions, this Comment delves to the root of the problem: the attorneys who draft the provisions. This Comment's proposed solution identifies three Model Rules of Professional Conduct, rules 1.2(d), 4.1, and 8.4(c), to serve as the foundation to govern an attorney's ethical and professional duty in drafting contracts. As the only profession to completely govern itself, there should be a higher ethical standard and level of integrity surrounding the drafting of contract provisions, specifically noncompete terms. Thus, this Comment proposes a new rule and application of Model Rule 4.1 through a judicial holding when an attorney drafts and includes invalid noncompete agreement provisions in an employment contract. [ABSTRACT FROM AUTHOR]

Research Summary: We examine the joint adoption of four employment restrictions that limit firm resource outflows—nondisclosure (NDA), non‐solicitation, non‐recruitment, and noncompete agreements—and their associations with value appropriation from employees. Using novel individual‐ and firm‐level survey data, we find that when firms adopt restrictions, they tend to adopt either all four restrictions or only an NDA. Adoption of all four restrictions is more likely when workers have access to valuable resources, noncompetes are more enforceable, and states adopt the inevitable disclosure doctrine. Employees with all four restrictions earn 5.4% less than employees with only NDAs, and this effect is driven by workers with low bargaining power. Analyses of earnings and a single restriction (e.g., only noncompetes) yield opposite results from those considering joint adoption, likely because of selection. Managerial Summary: Valuable firm resources are often embedded in employees. We study whether and when firms adopt four employment restrictions that could protect such resources—agreements not to disclose information, not to solicit clients or coworkers, and not to join or start a competitor—and examine the extent to which they are associated with value capture from employees. Using novel firm and worker‐level surveys, we find that firms mostly adopt either all four restrictions together, only an NDA, or use no restrictions. Workers are more likely to have all four restrictions when they have access to valuable resources, when noncompetes are more enforceable, and when states adopt the inevitable disclosure doctrine. Finally, all four restrictions are associated with 5.4% lower earnings on average relative to workers with only an NDA, driven by workers with low‐bargaining power. [ABSTRACT FROM AUTHOR]

The article also highlights the potential challenges faced by Ukrainian labour legislation in the context of digitalization, in particular the need to harmonize regulations on the protection of employees in remote employment and to strengthen legal guarantees regarding the storage and processing of personal data. Issues of automation of management processes are considered, which allow to reduce time and resource costs for both employees and employers, and reduce the level of bureaucracy. In addition, ways of increasing the transparency of labour relations through the introduction of digital technologies are being analysed, which will help reduce corruption risks and ensure clearer control over the observance of labour rights. To increase the efficiency of the digitalization process, it is proposed to develop the Instructions "On the procedure for storing and processing personal information in remote work conditions in the Register of Insured Persons of the State Register of Compulsory State Social Insurance". Also, amendments are proposed to the Standard Form of an Employment Contract for Remote Work, which was approved by the Order of the Ministry of Economic Development, Trade and Agriculture of Ukraine dated May 5, 2021 No. 913-21, paragraph 30-1 of the following content: "The employee's personal data shall be destroyed after the expiration of the period for their storage provided for by law". The implementation of an electronic monitoring system for labour relations with clear requirements for data confidentiality is being considered, which will allow automating the accounting of working hours and the performance of work tasks, while ensuring the protection of employees' rights. Attention is being paid to expanding training programs for employees and employers to increase their digital literacy and readiness to work in an electronic document management envi ronment. [ABSTRACT FROM AUTHOR]

The article defines the legal characteristics of alternative methods of resolving labour disputes, considering their role within the mechanism of social dialogue as a guarantee of interaction and mutual understanding between the parties involved. It highlights the trend in the development of modern labour legislation towards increasing the significance of social dialogue mechanisms in resolving both individual and collective labour disputes, as well as fostering greater involvement of social dialogue participants in the resolution of these disputes. It emphasises that conciliation and mediation procedures should be applied under current conditions in resolving both rights-based and interest-based labour disputes. A critical analysis is presented of the legislative limitation that confines conciliation procedures solely to the development of draft regulatory acts. Alternative methods of resolving labour disputes are considered as a form of conciliation procedure. It is emphasised that alternative methods of resolving labour disputes offer the possibility for the parties to the dispute to independently resolve their disagreements through a joint decision or to involve an impartial third party, jointly authorising them to develop an acceptable resolution that both sides will recognise as binding. The author identifies the following alternative methods for resolving labour disputes: direct negotiations, conciliation through settlement procedures, mediation, and arbitration procedures. It is highlighted that appointing a labour dispute commission at a general meeting or conference of employees contradicts the principles of social dialogue established in Article 3 of the relevant Law of Ukraine. It is proposed that such a body be formed on the basis of social dialogue, comprising representatives of both employees and the employer. Functionally, the labour dispute commission should operate as a permanent conciliation body rather than a jurisdictional one. It is suggested to regulate the use of mediation for resolving labour disputes at the local level within a collective or employment agreement. Arguments are presented that mediation is a subtype of one form of social dialogue--namely, conciliation procedures--since it aims to reconcile the parties to a dispute and to find a mutually acceptable solution. Mediation can be used not only for resolving labour disputes but also during negotiations for the conclusion of collective agreements, particularly to address disagreements that may arise during the preparation of draft versions of such agreements. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of one of the important additional measures of social protection of servicemen and employees of the Security Service of Ukraine - social benefits provided to servicemen and employees of the Security Service of Ukraine on the basis of current legislation in order to compensate for certain restrictions on their rights and freedoms associated with being in the service and stimulating interest in its passage. The current national legislation and the views of scientists on the researched issue are analyzed. It is noted that today military personnel of the Security Service of Ukraine enjoy a number of social benefits provided in the field of using public transport of various types (free travel), in the field of health protection (free obtaining of medicines, primary medical examination and dispensation), sanatorium-resort service, discounts in the field of payment for communal services and housing use and other benefits regulated by the laws of Ukraine «On the Security Service of Ukraine», «On social and legal protection of military personnel and their family members». As for the employees of the Security Service of Ukraine who have concluded an employment contract, their social protection is provided on a general basis in accordance with the labor legislation and will be further specified in the social security legislation. It was concluded that despite the fact that the current legislation provides for a number of benefits for military personnel of the Security Service of Ukraine, today the state is not yet able to ensure their full implementation due to the lack of the necessary economic base, a sufficient amount of financial resources, and a clear mechanism for the implementation of the declared guarantees and benefits It is clear that the country, being currently in a state of war, has limited economic opportunities for financing many areas, constantly faces the challenge of balancing the needs of defense, economy and human capital development. At the same time, the social protection of this category of persons should compensate for the difficult working conditions and restrictions on their rights that arise from the conditions of this type of service, motivate them to perform their tasks at a high professional level, selflessly and as efficiently as possible. [ABSTRACT FROM AUTHOR]

This article examines transnational labor governance and contractualization in global value chains, arguing that framing the transnational labor question is essential to encapsulate workers' needs for protection. At the same time, this question is fundamentally epistemological. Framing the question requires an epistemological reconstruction that moves beyond the dominant dichotomies inherent in evolving transnational private law - dichotomies that marginalize workers and obscure the role of employment contracts within transnational regulatory frameworks. The article points not only to the inadequacy of the transnational epistemological foundation, but also to the epistemic imbalance between the Global North and the Global South and the need to decolonize knowledge structures. Using the employment contract as a conceptual tool, this article identifies shortcomings in approaches to labor protection and explores the consequences of expanding party autonomy in the transnational legal environment. It argues that transnational contractualization in global value chains undermines labor protections and has significant implications for the protection of fundamental labor rights. [ABSTRACT FROM AUTHOR]

The International Labor Organization (ILO) defines the minimum wage as the lowest wage that must be paid for the work done and can not be reduced by collective or individual employment contracts. On the other hand, the analyses made by mainstream economics on the economic effects of minimum wage increases generally emphasize the undesirable consequences that these increases will cause in the general level of prices and unemployment rate. However, the economic effects of the minimum wage change can be called controversial issues without consensus in the economic literature. In this context, the possible effects of the change in the minimum wage on consumption have yet to be discussed in depth. This study investigates the causality relationship between minimum wage and the Consumer Confidence Index. In this sense, the Toda Yamamoto and Hatemi-J asymmetric causality tests have been used in practice. The study's main finding is that there is no statistically significant causal relationship between the real minimum wage and the consumer confidence index. However, a statistically significant causal relationship exists between the minimum wage in dollar terms and the consumer confidence index. [ABSTRACT FROM AUTHOR]

This study attempts to show the influencing factors that affect the residence intention of the ethnic minority floating population, explores the ways to promote their citizenization, improves the "quality" of the new type of urbanization, and achieves communication and integration of all ethnic groups in the city. Results show that the male's intention is higher than that of the female, a stable marriage relationship is beneficial to the intention to stay in the city, and the Hukou system still exerts a significant influence on the residential intention of the population. Signing a labor contract has a positive impact on the intention to stay in the city, which is stronger among the minority floating population in the province than that of inter-provincial migration population. Social interaction and psychological adaptation further strengthen the intention of the minority floating population to stay in the city. Therefore, in promoting the urbanization of minority floating population, efforts are needed to deepen the household registration system, improve the level of social security and pay more attention to social interaction and psychological adaptation, so as to forge a strong sense of community among the Chinese people. [ABSTRACT FROM AUTHOR]

The document contains various judgments of the Federal Labor Court (BAG) on labor law topics such as continued payment of wages in case of illness, fixed-term employment contracts, target agreements, vacation during quarantine, and legal aid. Legal aspects such as the validity of terminations, the approval of the works council, the fulfillment of vacation entitlement, and the revocation of legal aid are addressed. The judgments concern various sections of the German Civil Code (BGB), the Protection Against Dismissal Act (KSchG), and the Continued Remuneration Act (EFZG). [Extracted from the article]

The article explores whether Lithuania's concept of darbuotojas (employee) and its rigid binary classification of work relationships is challenged by an evolving European employment law landscape, shaped by a rise of unconventional work relationships that blur the lines between employees and self-employed persons. This issue is examined in light of varying interpretations of the EU's 'worker' concept(s) in the United Kingdom (UK) and Germany, where courts increasingly extend protections to individuals in atypical employment forms by broadly (re-)interpreting traditional terms. Additionally, their domestic systems recognize intermediate categories between employees and self-employed persons, such as arbeitnehmerähnliche Personen (employee-like persons) in Germany or the UK's 'limb (b) workers', aiming to provide certain protection for a wider group of working individuals. These approaches influence both countries' understanding of an autonomous EU 'worker' concept, particularly evident in connection with Council Directive 89/391/EEC, which introduced measures to enhance the safety and health of workers at work and was adopted more than 30 years ago. [ABSTRACT FROM AUTHOR]

This special issue looks at the contributions of social dialogue and collective bargaining to creating, maintaining or reducing the risks associated with employment contracts of few hours, such as marginal part-time work, temporary agency work and zero-hour contracts. It additionally considers changes in welfare institutions with regard to the protection of these groups of workers. In this paper, we introduce the arguments on why and how working in marginal part-time jobs involves vulnerability, and on the differential roles collective bargaining and social protection may have on these jobs, depending in particular on which status (employees, workers or self-employed) they are associated to. [ABSTRACT FROM AUTHOR]

This article traces how local, state, and federal officials in the United Sates weaponized morality against Mexican contract wage laborers in the first three decades of the twentieth century. The author argues that the sexual morals policing project targeting immigrant women suspected of prostitution and other immoral behaviors shaped the experiences of Mexican contract wage laborers as they sought entry into the United States and once they were admitted. By focusing on the racialized poverty of the Mexican, US immigration officials and employers created a stark binary of workers as "moral" law‐abiding/"immoral" vagrant criminals depending on laborers compliance and participation within a burgeoning transnational contract labor system. [ABSTRACT FROM AUTHOR]

Workers' voice efforts play a critical role in improving working conditions and fostering more equitable workplaces. Managers can either facilitate or delay changes by addressing or silencing workers' concerns. When changes are agreed upon—as evidenced, for instance, by the signing of a labor contract—it is often assumed that they then are enacted. However, in our study of a unionization drive among California Walt Disney Parks and Resorts puppeteers, we discovered a perplexing process we call the adoption of "voice veneer," in which an employer appears to address the concerns voiced by workers but simultaneously limits the impact of voice by decreasing its dependence on those voicing concerns. Our analysis shows how Disney negotiated and signed (though reluctantly) a labor contract with puppeteers, yet simultaneously reduced opportunities for them to work, making the negotiated agreement impossible to enact. Our findings underscore the need to pay close attention not only to whether and how workers voice concerns, but also to how managers handle voice efforts after concerns are voiced and change is agreed upon. We argue that our contemporary world might increasingly give rise to the adoption of voice veneer, and we discuss its perils for all involved: workers, managers, and society. [ABSTRACT FROM AUTHOR]

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Collective bargaining agreements are the internationally recognised tool used to create a peaceful platform for employers and employees to come to the negotiation table and address their concerns peacefully. However, the Ghanaian labour setting is charaterised by constant agitations between employers and their employees, hence the concern of the study. The research methodology used in this article is qualitative, using specific research tools such as the descriptive method, dialectical materialism, analytical, and synthesis method. The findings of the article reveal that the Ghanaian labour laws contained in the Labour Act 2003 (Act 651) on collective bargaining agreements are defective mostly in its formulation, execution, and application. Among other defects, the Labour Act 2003 is too vague with no clear timelines. In this regard, the study recommends effective solutions on how to deal with these defective laws so as to ensure a cordial relationship between these two labour parties in Ghana. [ABSTRACT FROM AUTHOR]

Not all exceptions to the prohibition of age-based discrimination provided by Directive 2000/78/EC have been incorporated into national legislation. Article 5 of the Labor Code, like Article 2 of Government Ordinance No. 137/2000, unlike Article 6 of the directive, does not explicitly state that direct discrimination on the grounds of age can be objectively justified if it pursues a legitimate aim and the means used are proportionate to that aim. Nevertheless, in labor legislation, we do encounter exceptions to the principle of direct non-discrimination on the grounds of age, similar to those provided by Article 6 of the directive. For example, Article 56 of the Labor Code regulates the automatic termination of the individual employment contract upon meeting the retirement conditions, which represents different treatment directly based on age. I consider that the Romanian legislator's intention was not to regulate the prohibition of age-based discrimination more favorably than the directive. Therefore, to avoid any interpretative issues, it is necessary to amend Article 5 of the Labor Code by adding paragraph (3)?, allowing the same exceptions for direct age-based discrimination as those provided by the directive, as follows: „(3)? Differentiated treatment based on age does not constitute discrimination when it is objectively and reasonably justified within the framework of national law by a legitimate aim, particularly by legitimate employment policy, labor market, and vocational training objectives, and the means of achieving this aim are appropriate and necessary". The partial incorporation of certain provisions of Directive 2000/78/EC by the national legislator has resulted in an improper transposition of its provisions into the Labor Code as well as into Government Ordinance No. 137/2000. This issue could be remedied by fully adopting Article 6 of the directive. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the peculiarities of the legal status of athletes as subjects of labor law. It is noted that at the current stage of development, the role of physical culture and sports in Ukraine is growing significantly and is one of the priority directions of the state's social policy, an important tool in the implementation of its tasks, the state is interested in the proper development of legal relations in the field of sports. At the same time, researching the issue of the legal status of an athlete as a subject of professional sports legal relations, analyzing the legislation that regulates activities in the field of physical culture and sports, it was concluded that very little attention is paid to it. Regarding the research of this issue by scientists, their points of view differ, in particular, some are convinced that the legal regulation of the legal status of a professional athlete should be carried out in accordance with civil legislation, others - according to labor legislation, some generally emphasize the dual nature of the peculiarities of the legal status of a professional athlete in Ukraine. The author of the article concluded that the regulation of the sports activities of professional athletes should be regulated by the norms of labor legislation, if they concluded an employment contract on receiving remuneration for systematic special sports and training preparation for participation in sports competitions, participation in them and the results shown, and accordingly are sub objects of labor law. That is, a professional athlete has the right to have his sporting activities take place within the framework of labor relations, therefore, prohibiting him from exercising this right means violating the provisions of the Basic Law of the country, since the right to choose the form of using one's abilities is established in relation to any profession and type of activity. At the same time, the activities of not all sportsmen should be regulated by the norms of labor legislation, but only those with whom an employment contract is concluded, or relations with which, despite their official registration as civil law, have all the signs of employment. [ABSTRACT FROM AUTHOR]

This publication is devoted to covering the following issues, namely: what are the inherent features of an employment relationship; what should be understood as self-defense in an employment relationship with an employer; how does the current labor legislation of Ukraine interpret the concept of "reinstatement" and how is an employee reinstated in the presence (absence) o f a court decision. Attention is focused on the fact that in the absence of a clear understanding of what constitutes "labor relations", "self-defense" and "reinstatement" in the current labor legislation of Ukraine, one should be guided by the recommendations of the International Labor Organization and domestic labor scholars, as well as by court practice in resolving labor dispu tes. This leads to the following conclusions: 1) labor relations are the relations between an employee and an employer regarding the performance of certain work for remuneration in accordance with the specialty, qualification or position on the basis of working conditions determined by the employer, provided for by labor legislation, employment contract, collective agreement; 2) self-defense in labor relations is considered to be the refusal of an employee to perform his or her labor duties in order to restore the violated labor right; 3) the right to self-defense is exercised by an employee independently, independently of other employees, and consists of independent active actions to protect their labor rights, life and health without or together with an appeal to the bodies for consideration of individual labor disputes (Commission on Labor Disputes, court) or to the bodies for supervision and control over compliance with labor legislation; 4) reinstatement in the previous job takes place not from the date of the court decision on reinstatement, but from the date of dismissal of the employee, which is declared invalid in accordance with this decision (if the employer reinstates the employee in the previous position without a court decision, the reinstatement also takes place from the date of dismissal); 5) the execution of the court decision is deemed to be completed from the moment the employee is actually allowed to perform his/her previous duties on the basis of the relevant act of the body that made the illegal decision to dismiss the employee; 6) if the reinstated employee is already working in another institution at the time of reinstatement, he/she must terminate the employment contract or enter into a part-time employment contract (unless prohibited by law) with another institution, since the main place of work for him/her is the place of work where the employee was reinstated. [ABSTRACT FROM AUTHOR]

The article explores the modern phenomenon of telecommuting and focuses on the rights of employees who perform their work duties outside the traditional workplace. In today's conditions of globalization and digitization of the economy, more and more employees are interested in remote work mode. This trend is due to both the need to adapt to new working conditions and the desire to ensure flexibility in the performance of work duties. However, despite the growing popularity of remote work, the issue of the rights of remote workers in Ukraine remains insufficiently researched. This article is devoted to the overview and characteristics of the main rights of teleworkers as a guarantee of the unhindered performance of the labor function. The author analyzes the main legislative acts that secure the rights of remote workers, in particular in the context of Ukrainian labor legislation, as well as the Model Labor Contract on remote work, and highlights the key rights that ensure the unhindered performance of the labor function. Special attention is paid to the issue of choosing a workplace together with by comparison with another type of atypical employment -- homework; organization of working hours, material and technical support, as well as general employee rights, such as the employee's right to paid annual leave, wages, the right to provide social guarantees and mandatory social insurance, to be a party to social dialogue, etc. The author also considered the set of rights of a teleworker, which is provided for in a standard telework contract. The article emphasizes the importance of ensuring the rights of teleworkers in order to create an effective, fair working environment and integrate into it an employee who works under an employment contract for telework. The article will be useful for remote workers who want to familiarize themselves with their rights and obligations; employers who seek to organize the effective work of remote teams; lawyers specializing in labor law; civil servants who are engaged in the development of legislation in the field of legal regulation of remote work in Ukraine. [ABSTRACT FROM AUTHOR]

The article describes the internal mechanisms for resolving labour disputes between staff and administration within african international intergovernmental organisations, such as: African Union, Southern African Development Community, Economic Community of West African States. It is indicated that within the African Union there are informal and formal stages of dispute resolution -- an appeal for review to the chairperson or competent authority of any other body and an appeal to the Administrative Tribunal. It is noted that the Administrative Tribunal is competent to consider applications for violations of the Staff Rules and Regulations; non-observance of contracts of employment and any other acts of employment; and, in certain cases, complaints about disciplinary sanctions. It is emphasised that the feature of protection of labour rights of the African Union staff is the provision enshrined in the Staff Rules and Regulations, according to which a staff member may, under certain circumstances, appeal to the African Court of Justice and Human Rights. It is stated that the Southern African Development Community Administrative Tribunal has jurisdiction to hear and resolve labour disputes between the Community Secretariat and any of its institutions. The Tribunal has two levels: First Instance and Appeal Board. It is noted that the system of internal labour dispute resolution of the Economic Community of West African States provides for the submission of an application for review, hierarchical recourse, and referral of the case to the Committee for Conciliation of Staff and Dispute Resolution. An Inter-Institutional Appeals Committee is established to deal with disciplinary appeals in relation to the application of the Staff Regulations, to which employees or their next of kin can apply. It is stated that the staff of any institution may apply to the Court of Justice of the Community after the staff member has exhausted all appeal procedures available to the official under the ECOWAS Staff Rules and Regulations. [ABSTRACT FROM AUTHOR]

In the article, based on the analysis of national legislation, international documents, national and international judicial practice, the views of scientists, the issue of ensuring the employee’s right to privacy at the workplace is considered. It is noted that today domestic labor legislation does not yet enshrine this right (the employee’s right to privacy at the workplace), which, in turn, contributes to abuse by the employer, and leads not only to an unsatisfactory level of protection of the constitutional right to respect for private life, and in the future may lead to the international recognition of Ukraine as a state that does not provide an adequate level of such protection, particularly in the field of labor. It is emphasized that in the conditions of martial law, the right to privacy may be limited by law in the interests of national security, territorial integrity or public order in order to prevent riots or crimes, to protect public health, to protect the reputation or rights of other people, to prevent the disclosure of information, received confidentially, or to maintain the authority and impartiality of justice. As a result, it was concluded that the right to privacy at the workplace, which should be guaranteed to all employees regardless of the type of employment relationship, industry affiliation or form of ownership of the enterprise, should be established at the legislative level, taking into account international experience and judicial practice. Since the regulation of all aspects of the employee’s right to privacy in the workplace in the Ukrainian legislation will prevent abuse by the employer of employee control measures. In particular, supporting the proposals of other researchers, it is proposed to supplement the Code of Labor Laws of Ukraine with a rule that when concluding, changing and terminating an employment contract, persons entering work and employees are guaranteed the right to privacy regarding their personal and family life. At the same time, the limits, grounds and conditions of the employer’s interference with the employee’s right to privacy must meet three criteria: the legal grounds for the interference, the legitimate purpose of the interference, and the proportionality of such interference to the stated goal. [ABSTRACT FROM AUTHOR]

The importance of the issues covered in this article is due to the impact of information technologies on the labour sphere, transformation of the features of “classical” labour relations and the need to rethink the categories of “employee” and “employer” in order to ensure the exercise of collective labour rights, such as the right to association, collective bargaining and collective action by all workers regardless of the form of employment, first of all, by dependent self-employed persons. The author emphasises that the ILO, the CJEU in the opinions of their supervisory bodies, and the EU Court of Justice in their judgments use a broad approach to the interpretation of the concept of employee, including self-employed persons, in particular, in the context of exercising the right to association and collective bargaining. The author presents the experience of certain European countries, in particular, France and Poland, in terms of legislative consolidation of fundamental labour rights for self-employed persons. The article demonstrates that courts in different jurisdictions have different approaches to resolving the issue of the legal status of platform workers using the example of the decision of the Supreme Court of the United Kingdom and the Spanish court in the Deliveroo case. It is stated that in Ukraine today, one of the fundamental labour rights - the right to join a trade union de jure is not limited by the existence of an employment relationship or the status of an employee. At the same time, the right to collective bargaining, collective bargaining agreements and the right to collective action to protect one’s rights, which are an integral part of the right to freedom of association, is de facto only possible for those who are in an employment relationship based on an employment contract and have the status of an employee. As a solution to this problem, it is proposed to introduce a broad category of “working” or “employed” in national legislation, which will be used exclusively for the purposes of unionisation, exercise of the right to collective bargaining, conclusion of collective agreements and collective action. Such a definition should be separated from the definition of the narrow concept of an employee under an employment contract used in the context of individual labour relations. [ABSTRACT FROM AUTHOR]

The article considers some issues related to the bankruptcy of the employer, which arises as a result of his insolvency, in particular, the issue of employee protection. It is noted that bankruptcy affects both employers and employees differently. Thus, the employer may be liable both to third-party creditors (financial institutions, suppliers, landlords) and to be in debt to the employees, if the salary or its part has not been paid, as well as the remuneration due to the employees. At the same time, it can have negative consequences for the workers, since their livelihood and their families can be completely dependent on such salary or remuneration. It was concluded that the issues of employee protection in case of employer’s insolvency have always been important and needed to be resolved, since employees are the least protected subjects of labor relations, who need guarantees of protection of their rights from both the employer and the state. Since the bankruptcy of the employer negatively affects both the social and financial situation of the employees, it leads to the termination of the employment contract concluded with them both for an indefinite period and a fixed-term employment contract before the expiration of its validity period. It was concluded that the adoption by the Verkhovna Rada of Ukraine of new legislative acts on the protection of the rights of employees in case of bankruptcy of the enterprise is a positive step, especially today, when the country is in a state of war against the Russian aggressor. It is noted that the implementation of the proposed norms will contribute to the approximation of Ukrainian legislation to European labor standards and will make it economically unprofitable for the employer to withhold salary, will create conditions for reducing the amount of existing debt for its payment, will increase the level of economic protection of the employee in case of late payment of work, and will also ensure the creation of a mechanism wage compensation in case of insolvency of the employer. [ABSTRACT FROM AUTHOR]

The issue of labor supply is not necessarily a matter of labor law. In the context of a low-carbon economy, flexible employment on platforms is more conducive to achieving labor demand matching and controlling labor costs in the online catering logistics industry. Compared to the Labor Law, the labor contract rules in civil law have irreplaceable advantages in interpreting and regulating "non-standard labor relations" and "non-traditional labor relations" under the new employment form. The judicial adjudication dilemma in the employment of takeaway platforms is mainly reflected in the imbalanced relation between the protection of labor rights and interests and the development of platform economy, the lack of clear legal norms, and unified trial logic in judicial judgment, and the lack of standardization and stability in the interpretation method of judgment. There are some problems in the typology research on the complex employment modes of takeaway platforms, such as different classification standards and the failure to reveal the essence of legal relations under the employment modes. The legal structure analysis of employment in takeaway platforms within the academic circles does not conform to the employment reality, and moreover, it is not accurate enough, which results in the unclear nature of legal relation between multi-party employment subjects and that between employment subjects and practitioners and the ambiguous employment responsibilities. From the perspective of civil contract type, the employment modes of takeaway platforms can be extracted into "commercial franchising mode of takeaway platforms", "employment mode of takeaway platforms", and "labor dispatching mode of takeaway platforms". Aiming to break through the research path dependence of "standard labor relations", the article refines the legal structure of the delivery platform's business model and provides a theoretical basis for overcoming legislative technical deficiencies in the unclear format of independent labor transaction contracts. [ABSTRACT FROM AUTHOR]

The concern in Indonesia is that explicit regulations addressing this issue still need to be improved. This study aims to analyze the legal dilemmas surrounding diploma retention, identify weaknesses in current regulations, and propose solutions to protect employee rights. Using a normative juridical approach, this research employs statutory and conceptual methodologies. Data were collected through document analysis of legal statutes, employment agreements, and relevant legal literature. The findings indicate that ambiguity in regulatory frameworks concerning legal sanctions leads to repeated violations and construction failures. The findings reveal that diploma retention as collateral needs a solid legal foundation, creating an imbalance of power that disadvantages employees. The study highlights the novelty of examining diplomas as collateral within the broader principles of collateral law, offering new perspectives on their inapplicability as valid collateral objects. By proposing clear regulatory frameworks and alternative approaches, such as proportional penalties, the study contributes to safeguarding workers' rights while addressing employers' concerns. These findings aim to promote fairness and legal certainty in employment practices. [ABSTRACT FROM AUTHOR]

The employer-employee relationship forms the foundation from which a host of social security benefits and labour rights emerge. Workers are traditionally classified as employees hired under a contract of service or independent contractors hired under a contract for service. Over the years, Indian courts have relied on the control, integration, and multi-factor tests to determine the correct nature of employment contracts. This article explores the evolution of these tests and examines whether the burden of proof in determining the existence of employer-employee relationships requires modification. It then dissects the efficacy of the current multi-factor test in emerging platforms and gig economies by looking at the standard form contract signed by a popular food delivery platform with its delivery partners in India. Finally, the article explores the ability of the newly enacted labour codes, particularly the Code on Social Security 2020, to address the classification conundrum and its consistency with precedents. [ABSTRACT FROM AUTHOR]

Copyright of External Economic Bulletin / Külgazdaság is the property of KOPINT Konjunktura Kutatasi Alapitvany 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.)

Does higher import competition increase formalization and aggregate productivity? Exploiting plausibly exogenous variation from Chinese imports, we provide empirical causal evidence that higher imports increases the share of formal manufacturing enterprise employment in India. This formal share increase is due to both the rise in formal-enterprise employment driven by high-productivity firms, and a fall in informal-enterprise employment. The labor reallocation is enabled by the formal firms' hiring of contract workers, who do not carry stringent firing costs. Overall, Chinese import competition increased formal-sector employment share by 3.7 percentage points, and aggregate labor productivity by 2.87 percent, between the years 2000–2001 and 2005–2006. [ABSTRACT FROM AUTHOR]

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher 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.)

Marx's concept of exploitation, developed in Capital, retains the laissez‐faire premises of classical liberal political economy, whereby capitalist wage labor denotes a contract between formally free, legally equal, employers and workers. Marx, though, inserts the political‐economic conflict between capitalists and workers over surplus value, rendering the concept distinctively 'Marxist'. Both liberal economists and 'free marketeer' politicians had long since distanced themselves, to varying degrees, from the classical laissez‐faire construction, during the debates and campaigns leading to the UK's series of Factory Acts (1802–1853). A dialogue of socioeconomic justice had emerged, driven primarily by public outrage over employment conditions in the textiles industry. In engaging with this dialogue, Marx's critique of capitalist wage labor extends beyond the parameters of his own, political‐economic concept of exploitation, intersecting with other, moral‐economic critiques of capitalist wage labor. This paper examines these points of intersection, going on to evaluate the possibilities of analytical and strategic pluralism. It concludes by assessing the contemporary relevance of Marx's concept of exploitation: to what extent and in what ways might it retain analytical and strategic relevance, with respect to the achievement of socioeconomic justice? [ABSTRACT FROM AUTHOR]

This paper aims to evaluate how changing patterns of sectoral gender segregation play a role in accounting for women's employment contracts and wages in the UK between 2005 and 2020. We then study wage differentials in gender-specific dominated sectors. We found that the propensity of women to be distributed differently across sectors is a major factor contributing to explaining the differences in wages and contract opportunities. Hence, the disproportion of women in female-dominated sectors implies contractual features and lower wages typical of that sector, on average, for all workers. This difference is primarily explained by "persistent discriminatory constraints", while human capital-related characteristics play a minor role. However, wage differentials would shrink if workers had the same potential and residual wages as men in male-dominated sectors. Moreover, this does not happen at the top of the wage distribution, where wage differentials among women working in female-dominated sectors are always more pronounced than those among men. [ABSTRACT FROM AUTHOR]

The article presents the results of scientific research on a comprehensive analysis of the mechanism of ensuring the right to work under the legal regime of martial law. The author investigates some of the most important aspects of labor relations with due regard for the current conditions of law and state building in Ukraine and changes in labor legislation which took place as of 25.10.2024. The article establishes that on 15.03.2022, the Verkhovna Rada of Ukraine adopted the Law of Ukraine 'On the Organisation of Labor Relations under Martial Law', which set out the key points in changing the peculiarities of concluding and terminating an employment contract under martial law, the peculiarities of transferring and changing essential working conditions under martial law. A study was conducted on the peculiarities of establishing and recording working hours and rest periods, peculiarities of document exchange, organization of personnel records and archival storage of personnel documents at the employer, as well as on a number of other equally important issues. It is noted that the aforementioned Law of Ukraine defines not only the peculiarities of organization of labor relations of employees of all enterprises, institutions, organizations in Ukraine, regardless of the form of ownership, type of activity and industry, but also the peculiarities of civil service and service in local self-government bodies. In the course of their research, the authors of the article draw attention to the procedural issues, which are likely to arise in the practical activities of employees and their employers. In particular, it is noted that the conclusion of an employment agreement in writing, as well as the introduction of a mechanism for notifying changes in essential working conditions immediately before their application, may lead to abuse by the employer and, naturally, increase the number of labor disputes. The authors of the article also consider such issues of labor policy during martial law as the current forms of organization of employees' work (traditional full-time, remote and home-based work), cancellation of the prohibition on noninstitution of probation for certain categories of persons. The author also considers the possibility of suspending an employment contract and concluding an agreement with new employees on a temporary basis (fixed-term employment contracts). [ABSTRACT FROM AUTHOR]

This article is aimed at studying the labour regulation of IT workers in the context of labour law. Particular attention is paid to issues related to remote work, flexible working and conditions that are typical in this area. Many aspects are devoted to the analysis of the employment contract, especially in the context of the growing demand for IT specialists and new forms of employment. The issue of flexible working hours for IT employees is one of the most important, as this area of work requires more adapted conditions aimed at ensuring a balance between professional duties and personal life. The availability of opportunities for remote work or flexible working requires certain changes in labour legislation. It is important to define not only the rights and obligations of the parties to labour relations, but also the conditions for the proper protection of such rights, in particular in terms of occupational health and safety, confidentiality of information, social guarantees, and liability for breach of employment duties. Most IT employees prefer civil law contracts, as they offer more benefits and flexibility than labour law in some aspects. However, it is necessary to analyse both contracts in detail and understand that this form of cooperation can lead to social insecurity for employees, as they do not have the rights provided for by labour law. Many employees choose gig contracts, which offer new opportunities but also have their limitations, especially social guarantees and the lack of guaranteed salary. The IT sector involves intellectual property, trade secrets and other confidential information, which requires appropriate legal regulation. To ensure the protection of confidentiality, it is important to define the rights and obligations of employees in the employment contract and internal labour regulations. Failure to comply with confidentiality terms can lead to legal consequences and a negative reputation for the employee and the employer. Another important aspect is occupational health and safety, especially when working remotely. The issue of labour protection in the context of remote work is not sufficiently regulated in labour legislation, so employers need to conduct appropriate briefings, especially in the context of martial law. In Ukraine, the IT sector continues to be important for the economy, contributing about 5% of GDP, but exports of IT services have declined during the war. The process of European integration will contribute to the development of the IT sector, as well as change the legal and economic situation, which will directly affect the working conditions, rights and obligations of IT professionals in Ukraine. Ukraine's accession to the EU creates new opportunities for IT workers, such as career growth, improving their skills and access to European labour markets. However, this process also requires significant changes in national legislation to adapt to European standards. [ABSTRACT FROM AUTHOR]

ABSTRACT Aim Design Data Sources Methods Results Conclusions Implications for the Profession Impact Reporting Method Patient or Public Contribution To identify and describe evidence from original studies on the contextual factors, dimensions, and outcomes of decent and precarious work among nursing and care workers.This is a mixed‐methods systematic review.The Scopus, Web of Science, PubMed, CINAHL, PsycINFO and SocINDEX databases were searched on January 11, 2024.Two reviewers independently applied eligibility criteria, selected studies, and conducted quality appraisals. We employed data‐based convergent synthesis as the data synthesis method. The dimensions of decent and precarious work were analysed deductively using the Employment Quality Framework.Five studies on decent work and 13 studies on precarious work were included. Five contextual factors were common, though opposite, in both decent and precarious work studies: employment contract, position, financial situation, age, and work experience. Three outcomes were also common. Decent work increased, and precarious work decreased, physical and mental health and empowerment, whereas turnover was decreased by decent work and increased by precarious work.Challenges can be converted into positive outcomes for the future, moving towards meaningful work, fair jobs, sustainable employment policies, and attractive career prospects. To achieve this, more knowledge is needed about employment quality in nursing and care work.Young nurses and care workers should be provided opportunities to fully engage in their work and organisations. Training is also crucial for managers, as it decreases authoritarian and controlling management practices.This review is the first to synthesise research evidence on decent and precarious work in nursing and care work, confirming that they are opposite concepts of employment quality. The results benefit nurses and care workers, organisations, and decision‐makers.The study was reported following the Preferred Reporting Items for Systematic Reviews and Meta‐Analysis (PRISMA) checklist.No Patient or Public Contribution. [ABSTRACT FROM AUTHOR]

Background: Previous research has highlighted links between occupation and risk of COVID-19 transmission and suggests that occupational risk is influenced by covariates including socio-economic status, and deprivation. This study examined the perspectives of local authority teams of how changes in policy and advice, as set out in the UK government report 'Living with COVID,' affected COVID-19 transmission risk, response and resilience in workplace settings in Greater Manchester, an area that was disproportionately affected by the pandemic. Methods: The project, which took place between August and November 2022, undertook a mixed methods approach to incorporate wide-ranging reflections of changes following the publication of 'Living with COVID'. Quantitative data was collected from local employers (n = 149) and employees (n = 397) using online surveys, and qualitative interview data was collected from Greater Manchester local authority teams (n = 19). Results: The research highlighted the inequitable impact of the pandemic on those already experiencing health inequalities, including people on more precarious employment contracts or those who were unable to work from home during the pandemic. The study found that the facilitators that helped local authorities to support employers to manage transmission included clear, detailed and timely national and local guidance, good communication, partnership working, funding, and timely access to data. Barriers to supporting employers included contradictory or confusing national guidance, structural inequalities, lack of funding, and delayed access to data. Interview participants reported that they were now utilising lessons learnt during the pandemic, along with the that partnerships developed, in order to tackle wider health issues and to prepare for future pandemics or health crises. Conclusion: The findings of the study, which concur with previously published research conducted as part of the PROTECT project, highlight the importance of active reflection on the lessons learned during the course of the pandemic. The study draws on PH and EH teams' perspectives of managing COVID-19 transmission, in an area that was disproportionately affected by the pandemic, in order to add to our understanding of the best ways to ensure preparedness for future pandemics or health crises at a national level. [ABSTRACT FROM AUTHOR]

The special position of higher education teachers is determined by the nature of their work. They are employed by the university through an employment contract, and it is therefore indispensable for their protection under the labour law that the legislation is drafted in a way that acknowledges both the specificities arising from the role of the university and from the characteristics of their work. When performing their tasks, scientific research work is expected in addition to their teaching obligation, raising the question of the employer‘s possibility to define such work in advance. At the same time, it is required for the academic profession to conform to the working time regulation, taking into account the minimum standards of labour law. The working time of higher education teachers consists of various forms of work obligations which are unevenly distributed, especially during the teaching period when a higher education teacher has an individually precisely-determined teaching load. Due to the uneven distribution of working time, it is thus necessary to determine a reference period for the time when the workload of higher education teachers must be offset. Since the length of working time during which higher education teachers perform other forms of work obligations is provided only in flat-rate values by internal acts of individual universities, the nature of their work should be regulated in the form of flexible working hours. It is therefore a question of whether and to what extent higher education teachers can schedule their own working hours, which at the same time affects the regulation of the new right established also for the higher education teachers, i.e. the right to disconnect. Related to the specific nature of the work of higher education teachers, the question arises as to how to regulate the right to disconnect in the university environment, and what measures to adopt. It is the author’s belief that consideration should be given on how to educate and guide higher education teachers on the time and manner of their availability to the employer. The use of the right to disconnect brings quite a few open questions, which for the time being are left to the autonomous regulation of the universities, however, it would be more appropriate for them to be addressed by the relevant collective agreement. [ABSTRACT FROM AUTHOR]

The concept of "non-fixed term contracts" in the context of public sector employment is not a straightforward matter, as it is based on case law rather than legislation. And things have recently been made worse by the EUCJ ruling of 22 February 2024, which has called into question the foundations of this concept and how useful it is to preventing and penalising the unlawful use of temporary contracts in accordance with EU law. This article analyses the structure, characteristics and issues of "non-fixed term contracts" and, in particular, how the EUCJ's ruling has affected their reference threshold. We also summarise the reactions and debates that the ruling has given rise to and provide what we hope is some useful and interesting insight of our own. [ABSTRACT FROM AUTHOR]

In November 2019, social security reform was enacted in Brazil, completed to meet the interests of financial capital (SILVA, 2019). Considering this fact, this article's focus is to understand the impact of this reform on women's careers, through interviews with workers active in the job market and with higher education. We chose to carry out predominantly qualitative research since the topic is full of subjectivities. The interviewees were selected through the researchers' network of relationships using the snowball technique, reaching a total number of 16 interviewees. Research data was collected through semi-structured interviews, simple observation and documentary research. The data was analyzed using the content analysis technique. It was possible to verify that gender inequalities in the labour market, including the late insertion of women into formal employment, motivated by family issues and the market's hiring structure, as well as occasional interference in employment contracts throughout the professional career, become, in this new social security context, more pronounced obstacles that can significantly impact women's social security benefits in old age. [ABSTRACT FROM AUTHOR]

The article focuses on the contrasting portrayals of community in Bill Douglas's films, particularly between 'The Trilogy' and 'Comrades'. Topics include the depiction of collective bodies and the aesthetic differences in how community is represented, the contrasting roles of cinema as a personal escape versus a shared communal experience, and the alignment of pre-cinema with folk culture and collective labor in 'Comrades'.