PERIPETIES OF LABOR REFORM IN SPAIN Ermolieva, Eleonora
Naučno-analitičeskij vestnik Instituta Evropy RAN,
2/2022, Volume:
25, Issue:
1
Journal Article
Peer reviewed
Open access
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.
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.
The distinction between de jure and de facto regulation is well understood in theory, but has rarely been applied to cross‐country empirical work on the impact of labour regulation on labour market ...outcomes for lack of data. Policy debate has been based on measures of stringency of law, suggesting a negative correlation between labour regulation and labour market outcomes. This article provides new cross‐country measures of labour law enforcement and evidence of a negative correlation between stringency and intensity of enforcement. Previous results concerning the consequences of labour regulation and the legal origins theory no longer hold when a measure of effective labour regulation is used.
Using longitudinal data on labour law in France, Germany, Japan, Sweden, the United Kingdom and the United States over the period 1970–2010, the authors estimate the impact of labour regulation on ...unemployment and the labour share of national income. Their dynamic panel data analysis distinguishes between the short‐run and long‐run effects of regulatory change. They find that worker‐protective labour laws in general have no consistent relationship to unemployment but are positively correlated with labour's share of national income. Laws specifically relating to working time and employee representation are found to have beneficial effects on both efficiency and distribution thus proxied.
The purpose of the article is to reveal the essence and content of socio-economic elements of the state policy in the field of prevention of criminal offences against labour rights and freedoms of a ...person and a citizen; to consider the main methods of risk management in the construction of the crime prevention mechanism as the ways of ensuring the economic security of the state. Scientific discussion of the problem of correlation of criminal-legal, criminological and economic aspects of reduction of quantitative and qualitative indicators of such socially dangerous acts is presented. The socio-economic determinants of the studied type of crime are characterised. The authors' vision of the peculiarities of labour legislation in the conditions of martial law functioning and their correlation with the intensification of crime and the destabilisation of the economic situation in the country is outlined. The problem of the high level of migration is updated and explained from the point of view of the unsatisfactory economic situation, which complicates the process of employment of young people, and the unsatisfactory level of providing the population with higher education. The need to integrate the social aspect into the labour legislation has been demonstrated by standardising the provisions on the preferred categories of employees, the specifics of their performance of labour duties, etc. Socio-economic measures and means to prevent criminal offences against the labour rights of citizens are proposed. Results. Regulatory legal acts establishing the peculiarities of employees' performance of their labour duties have been regulated, and the Law of Ukraine "On Peculiarities of Regulation of Labour Relations under Martial Law" No. 2136-IX of 15.03.2022, which defines the procedure for interaction between the employer, the state and the employee, regarding the special legal regime, has been singled out. The article provides additional arguments in favour of the need to introduce systemic changes to the Labour Code. It is established that the socio-economic determinants of criminal offences against labour rights of citizens include the following phenomena: 1) martial law and the COVID-19 coronavirus pandemic have reduced Ukraine's investment attractiveness, leading to a fall in the labour market, the need to cut jobs and the resulting labour disputes, and the need for employers to resort to criminal violations of employees' rights (gross violation of labour laws, gross violation of an employment contract, coercion to participate in a strike or obstruction of participation in a strike, and so forth); 2) the levelling of the need for conceptual reforms of the concept of sustainable development in the current political and economic environment has led to the end of globalisation and the beginning of localisation, and, as a result, migration of the population causes the loss of labour resources and the retention of employees by illegal means (in particular, through unjustified non-payment of wages, scholarships, and more); 3) regular attacks on critical infrastructure facilities and complications in energy security increase the demand for certain professions (e.g., in the defence industry) and make others irrelevant, which leads to massive redundancies in other professions; 4) financial, technical, organisational, administrative and personnel problems in the work of commercial courts, which makes it difficult for the court to resolve disputes related to business activities.
The research determines the relationship between competitiveness, the labour market and the protection of the right to work at the constitutional level in the member countries of the Pacific ...Alliance, analysing for this (i) the evolution of the labour force of the members of the Pacific Alliance, (ii) the constitutional economic system and its competitiveness, (iii) the constitutional framework of the right to work and its related rights, as well as (iv) the situation of the labour market and business competitiveness in Chile, Colombia, Mexico and Peru. A qualitative approach is used at a descriptive, exploratory, and bibliographic level with emphasis on the theories put forward by Mortimore and Peres, Cardona-Arenas, Josling et al.; and Rojas and Terán. It is concluded that there is a direct relationship between competitiveness and job stability in the countries of the Pacific Alliance thanks to the regulatory frameworks of their laws for the protection of the individual rights of workers, despite the economic informality of their members and the socioeconomic inequities of its citizens. Data from the International Labour Organisation, United Nations Economic Commission for Latin America and the Caribbean, and the World Bank, from 2010 to 2023 were used, as well as bibliographic information.
It may be difficult for the small and medium enterprises to deal with a large number of labour legislation but it is not adequately known as to what extent that affects large organisations, including ...MNCs. The multiplicity of labour legislation and overlapping of different legal provisions may create bottlenecks for both, the smooth industrial operations and harmonious relationship between the employers and employees. Also, it is predictable that merging of multiple labour laws into four codes may improve operational efficiency and relations in the industries across sectors. However, how far such codification will correlate with issues like jobless growth, employment generation, reviving manufacturing, contract labour conundrum, the creation of more salaried jobs etc.? There is very little empirical evidence or acceptable rationale to answer this question. Every major problem or issue in society and industry may not be resolved only through political and judiciary interventions. It requires insights through multidisciplinary studies, not primarily through analytics but with the help of grounded theory, ethnography, phenomenological study etc. If our efforts, especially initiatives for the codification of laws, fail to make the entire process inclusive, we may later experience disintegrative and adverse outcomes. This article aims to initiate a thought process to understand if qualitative research can substantially contribute to the process.
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