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.
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.
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.
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