The labor law of Argentina, its history and current trends are scarely examined by Russian scientists. The author aims to provide a general overview of the history of Argentine labor law, to ...highlight the historical stages of its development, to identify the essential features inherent in Argentine labor law at every stage, as well as to identify its current state. The article analyzes the first draft of the Argentine Labor Code of 1904 on the continent and the most im-portant laws regulating labor relations including the Law on the Employment Contract of 1974. The author concludes that Argentine labor law has a system of protection of labor rights of a fairly high level. At the same time, the instability of the political and economic situation in the country does not allow implement-ing the achievements of labor legislation and ensuring the implementation of la-bor rights proclaimed by the Constitution of Argentina.
Les indépendants du transport routier de marchandises connaissent des transformations importantes dans l’exercice de leur métier et dans les conditions d’accès à celui-ci. La morphologie de ce groupe ...est alors affectée. Grâce à l’enquête Système d’Information des Nouvelles Entreprises (SINE) de l’INSEE, il est possible d’étudier ces trajectoires en train de se faire lors de la mise à son compte et des années suivantes. Une classification des indépendants du transport met en évidence des trajectoires classiques autour de l’artisanat et de l’entrepreneuriat, mais elle souligne aussi des trajectoires plus originales d’indépendants en difficulté ou tournés vers une gestion routinière de leurs activités.
PERIPETIES OF LABOR REFORM IN SPAIN Ermolieva, Eleonora
Naučno-analitičeskij vestnik Instituta Evropy RAN,
2/2022, Letnik:
25, Številka:
1
Journal Article
Recenzirano
Odprti dostop
The article contains a historical and analytical overview of the previous Spanish labour reforms, as well as the current difficulties in the implementation of new changes, proposed by the government ...led by Socialist Prime Minister Pedro Sánchez. According to declarations of administration, the reform aims to alleviate the plight of workers, becoming more serious because of the corona crisis, and to have in Spain by the beginning of 2022 the labour law that helps to ensure the growth of quality job while national economy recovers from the pandemic. But, as it happens often in Spain when the initiatives proposed by the functioning government, should it be led by PSOE or PP, the normal projects are criticized actively by the opposition, leading unions and business associations. And reaching the political agreement for the final approval of a new norm – be it labour law or pension reform – is a serious political problem. Parliament discussions and adoption of a new labor legislation during the 2021 year was no exception.
Regulation of labour relations is accompanied by adoption of measures pivotal to ensuring effective implementation of labour legislation. One of the most important measures is labour inspection. ...During the last century, a solid legal and institutional framework for labour inspection had been developed in most of the world, with many countries using the standards contained in the International Labour Organization conventions no. 81 and 129 as inspiration or model. Nevertheless, labour inspectors face many challenges and obstacles, because the proliferation of labour regulations and the emergence of new occupational risks and new forms of work are not accompanied by appropriate mechanisms to ensure effective protection of labour rights. This also applies to the emergence of economic and financial crises, which are regularly linked to employers' efforts to reduce the cost of work by bypassing the labour, social and tax regulations. We should not lose sight of the fact that a large number of workers are outside of the personal scope of application of labour legislation, which, in the contemporary world of work, is a serious obstacle to successful labour inspection. In addition, a large number of workers performs undeclared work, and the so-called externalization of work has blurred the legal position of workers, calling into question the traditional distinction between employment and independent work for others, but also the traditional (unitary) concept of an employer, as its prerogatives are now exercised by two or more entities. The seriousness of these challenges becomes even greater if we take into account the insufficient number of labour inspectors and their inadequate training, which often results in the unacceptably modest number of (registered and unregistered) entities being inspected. The low probability of inspection actually taking place will further encourage employers to continue to circumvent the applicable regulations. This is bolstered by the lenient penalties that the labour inspectors have at their disposal, as well as the fact that their work is often rendered meaningless by the negligence of the misdemeanor courts. Another problem is the lack of specialization of labour inspectors for certain labour issues, such as the protection of particularly sensitive categories of workers. The authoress seeks to examine the goals, functions and prerogatives of labour inspectors in view of the International Labour Organization standards, as well as to review them taking into consideration the current trends in labour law, like economic and political turn towards neoliberalism, economic and financial crises as well as the intense international migrations.
The purpose of the paper is to identify the foundations, problems and prospects of modernization of labour legislation and employment sphere in the process of European integration of Ukraine, which ...is discussed in the context of optimisation of factors of competitiveness of the national economy in the globalised world. Methodology. A significant number of commitments regarding the convergence of labour legislation and regulatory principles of the Ukrainian labour sphere with the EU acquis communautaire require a broad inter-sectoral and inter-ministerial approach to the study, development and implementation of relevant processes and measures. Results. Activities aimed at bringing Ukrainian labour legislation into line with the provisions of EU law take place in the following areas: standardisation of the basic principles of labour legislation; prevention of discrimination and ensuring gender equality of employees; ensuring their safety at work. The difficulties in meeting the requirements of the EU acquis communautaire in the field of employment and ensuring the social and labour rights of the working population are largely connected with the contradictory interpretations of Ukraine's obligations under the Association Agreement by the EU itself and by representatives of the national legislative and executive authorities, oriented towards the development of a neoliberal economy with the rejection of a large part of the usual social guarantees, a significant strengthening of employers' rights. Practical implications. The identified problems of the reform of the labour legislation of Ukraine within the framework of the obligations of the Association Agreement with the EU testify to the necessity of more careful consideration of the achievements of the established national practice of regulating the labour sphere together with activation of the acquis communautaire in the sphere of observance of social and labour rights of certain categories of employees and labour collectives, ensuring labour safety in the conditions of modernisation and diversification of the technological base of the economy, as well as to the necessity of implementation of the best world standards and benchmarks of improving the quality of working life. Value/originality. Expectations for a sustainable adaptation of the Ukrainian labour sphere to the common EU legal framework are closely linked to the overcoming of the identified contradictions in the interpretation of the Association Agreement obligations by the national authorities, and also to the focus on the foundations of the harmonisation of legislative norms through increasing the effectiveness of the social dialogue.
The purpose of the research is to assess the state of protection of the rights of workers of industrial enterprises from the viewpoint of both international and national legislation in the conditions ...of a full-scale invasion of the Russian Federation on the territory of Ukraine. The research was conducted using qualitative analysis, formal-legal, logical-legal, system-functional methods, as well as the method of interpreting legal norms (method of legal hermeneutics). The paper states the insufficient effectiveness of the norms of modern international humanitarian law regarding the protection of the rights of workers of industrial enterprises in the conditions of martial law in Ukraine. The paper describes the general and special regime of regulation of the rights of workers of industrial enterprises in the conditions of martial law in Ukraine. For the first time, the authors proposed to understand the protection of the rights of individuals by international humanitarian law in both a broad and a narrow sense, and the meaning of such approaches was revealed. The publication developed recommendations for the protection of the rights of workers of industrial enterprises in the conditions of armed conflicts, recommendations which are important for the development of regulations, which indicates the practical significance of the paper.
Many people think of slavery as a matter of the past with little relevance to today's world. But nonetheless, this institution continues to constitute a thriving research field for sociologists, ...historians, and economists. The present paper examines the issue of modern slavery as related to forced labour and labour exploitation, analyses the labour legislation of the European Union, and gathers several cases of forced labour/ labour exploitation involving Romanian workers. The purpose of the present paper is achieved using content analysis, a qualitative research method. The results suggested that, despite the European Union's extensive labour regulations, it still encounters situations of forced labour/ labour exploitation where basic worker rights and protection are not upheld; the findings highlight the need for greater consideration, further research, and solutions for this issue, together with special concern towards the clear distinctions between forced labour and labour exploitation.
Equal opportunities for disadvantaged groups can be achieved by actively implementing forms of social economy, particularly cooperatives. For the accounting profession, presenting the financial ...statements of cooperative companies is a challenge, due to their specific issues. This article will discuss the regulations and specific characteristics of cooperative companies, others than the agricultural ones, credit cooperatives and central houses of credit cooperatives, which are regulated by special laws.
Abstract
This Centenary Issue presents a selection of the articles on labour law that were published in the
International Labour Review
(ILR) during its first 100 years. The articles were chosen for ...their contribution to two tracks of debate and discourse. The first concerns a progression of ideas over time with respect to the scope and substance of labour law in general. The second charts the evolution of international labour law more specifically. This introduction provides a narrative weaving together the landmarks that were selected in each of these tracks and pointing out recurring themes, questions and challenges as well as changing points of view.
In this article, we intend to observe how the labour legislation of the First Republic was applied in Braga town (north of Portugal), in particular the struggle of the Braga workers to its ...enforcement, analysing the workers' press as well as the Braga's generalist press. Workers’ rights were enshrined in law, but remained on paper, either by lack of supervision, either by pressure from employers' associations. The workers claimed from the Government and the employers the accomplice of their rights, but without great results.
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