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Copyright of Ciencia y Educación (2707-3378) is the property of Duanys Miguel Pena Lopez 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.)

The article examines the state of the organization of state control at the present stage of economic development in the field of ensuring labor and equipment safety. An analysis of inspections in this area showed a decrease in their number by federal inspections in order to reduce the burden on business. When studying the regulatory framework of the Russian Federation on labor and equipment safety, as well as examining statistical data regarding the state of labor protection and equipment safety in the Russian Federation, a conclusion was made about the lack of control in this area. In this regard, the organizational development of public control is proposed.

This paper examines the effect of labour protection laws on tax planning and capital investment. Exploiting a major reform that introduced firing costs in Italy for firms with fewer than 15 employees but left firing costs unchanged for larger firms combined with matched employer-employee data, I show that the rise in firing costs led small firms to increase tax avoidance and capital investment relative to larger firms. Robustness and placebo tests suggest that the results are causal. Overall, the findings indicate that tax avoidance allows small firms to generate internal funds to substitute labour for capital when employment protection becomes stronger. [ABSTRACT FROM AUTHOR]

The Directive on improving working conditions in platform work has been finally adopted by national labour ministers at the Council meeting on 11 March 2024. The Directive has the ambitious aim of improving the minimum standards recognised by European and national legislations for platform workers and advancing the protection of natural persons with regard to the processing of personal data and algorithmic work management. Still pending its formal approval, the Authors offer a first analysis of the new provisions to regulate and protect platform work.

The relevance of the study is determined by the need to investigate changes at the international standards level: the inclusion of the right to a safe and healthy working environment in the fundamental principles and rights at work worldwide. This also caused the need for appropriate adjustments to the national legal framework. The second factor of relevance of the study is the novelties of national legislation on collective and contractual regulation of labour and related relations. Analysis of the impact of such changes on the settlement in collective contracts and agreements of the issue of a safe and healthy working environment for people engaged in agriculture, identification of problematic aspects and development of proposals for their overcoming define the purpose of the study. The achievement of this goal was facilitated by the use of a set of methods of scientific knowledge: philosophical (dialectical), general scientific (analysis, synthesis), and special scientific (formal-legal, comparative-legal). As a result of the study conducted, compliance with international standards of changes implemented in Ukrainian legislation regarding the conclusion of collective contracts and agreements was determined. It is proposed to extend the scope of collective agreements to all those who work in agriculture, including members of farms and agricultural cooperatives, to guarantee a safe and healthy working environment and to the work of the most vulnerable categories of workers (women, minors, persons with disabilities). The need to replace the term “labour protection” in Ukrainian legislation with “safety and health of employees at work” is justified since it is more consistent with the object of protection and correlates with international terminology. It is established that the norms of the current industry agreement do not correspond to the needs of the present. It is recommended that the development of the new document reflect in more detail the specific features of measures for the safety and health of employees at work, due to the specific features of production processes in agriculture and the realities of war and post-war times. The results obtained fill the gap in scientific research of the relevant issues, are valuable from the standpoint of the opportunity to apply them in the further reform of legislation on the field of collective-contractual regulation in agriculture, and will also be useful for the preparation of collective agreements of agricultural entities

The article analyses the draft Labour Code of Ukraine with regard to legal regulation of safety and health of employees. The author examines in detail Book Three «Safety and Health of Employees» of the draft Labour Code of Ukraine. It is established that this book contains the provisions of the draft Law of Ukraine «On Safety and Health of Workers at Work», which form a new system of management in this area. The article analyses the state of implementation of the Council Directive 89/391/EEC, Council Directive 89/654/EEC of 30 November 1989 on minimum safety and health requirements in work areas; Council Directive 92/85/EEC of 19 October 1992 on measures to improve the safety and health at work of pregnant, recently given birth or lactating workers; Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work in national legal practi ce. The author analyses the current regulatory legal acts in the field of labour protection and draws attention to the need to update the national labour legislation. The main areas of reform in the field of safety are highlighted, namely: general requirements for occupational safety and health protection at workplaces, machine safety, electrical equipment safety, personal protective equipment, use of explosives, mining operations and noise protection. The author establishes that the draft Labour Code of Ukraine provides for a change of legal emphasis from «labour safety» or «labour protection» to the European principle of «employee safety». The consequence of implementing this principle in practice will be the achievement of complete elimination or minimisation of risks to the life and health of each employe e. The author examines the rules governing the safety and health of certain categories of employees, namely, female employees (pregnant employees, employees who have recently given birth and breastfeeding employees), employees under the age of 18, employees with disabilities. Concludes that the draft Labour Code of Ukraine does not pay due attention to the specifics of work of employees who have children under the age of three, or have a child with a disability, or are raising a child on their own, which requires further elaboration. Proposals are made regarding the need to enshrine in the draft Labour Code of Ukraine the minimum amount of funding for expenses incurred at the expense of the employer for the safety and health of employees at work. [ABSTRACT FROM AUTHOR]

Exploiting the staggered passage of labour protection laws in the United States, we find that higher labour adjustment costs increased the likelihood of observing zero leverage firms by 22%. This effect is significantly larger in states with stronger unionization, in industries with higher volatility and concentration, and in firms with higher labour intensity. Both within‐firm changes in debt policies and higher propensity of newer firms to be debt‐free are important in explaining these patterns. Overall, our work contributes to the literature on the relation between financial and labour markets by highlighting the role of labour laws in explaining the zero‐leverage puzzle. [ABSTRACT FROM AUTHOR]

The desire of an industrial facility to successfully and stably develop economically confronts it with the problems of the apparatus being formed and its activities. The concept of occupational risk analysis in occupational safety practice is a scientific and methodological approach to risk management. This study aims to assess the degree of occupational risk for miners engaged in underground mining of polymetallic ore, considering the class of harmfulness of work. The analysis involves selecting risk factors that require attention and conducting both qualitative and quantitative approaches to identify and evaluate potential consequences and select appropriate measures to mitigate risks. The study determines the replaceable noise loads using mathematical calculations and characterizes the vibration load by an equivalent value or dose. The results of the hygienic assessment of the working conditions at the Orken-Atasu underground mine showed that the work activities of miners take place under conditions of exposure to intense noise and general and local vibration exceeding the MPL. Drillers, fixers, and machinists of drilling units experienced the highest vibration loads. The total dose of the daily vibration load varied from 1197.6-3855.6 Pa2 · h, exceeding the permissible levels for a relative dose from 1.3 to 8 times. The study highlights the importance of a scientific and methodological approach to risk management in the mining industry. [ABSTRACT FROM AUTHOR]

In the workplaces, the work force being employed by private entities and contract workers are facing various unfair labour practices and as such excluded from labour protection law. Instances of human rights abuses abound, and these have severe socioeconomic implications on atypical workers. This paper examines how atypical workers face inhuman treatment, discrimination and denial of basic labour rights and benefits in the workplace. The paper also looks at whether there is any semblance of labour protection extended to atypical workers. It is observed that such interventions have not provided strong protection for atypical workers hence they are still exposed to various labour vulnerabilities, discrimination, mistreatment, abuses and denial of benefits and socio and economic securities.

Copyright of Revista Internacional y Comparada de Relaciones Laborales y Derecho del Empleo is the property of ADAPT University Press 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.)

In the workplaces, the work force being employed by private entities and contract workers are facing various unfair labour practices and as such excluded from labour protection law. Instances of human rights abuses abound, and these have severe socioeconomic implications on atypical workers. This paper examines how atypical workers face inhuman treatment, discrimination and denial of basic labour rights and benefits in the workplace. The paper also looks at whether there is any semblance of labour protection extended to atypical workers. It is observed that such interventions have not provided strong protection for atypical workers hence they are still exposed to various labour vulnerabilities, discrimination, mistreatment, abuses and denial of benefits and socio and economic securities. [ABSTRACT FROM AUTHOR]

The relevance of the researched problem lies in the fact that today industrial injuries and accidents at workplace are a fairly common problem. Since lives and health of employees, as well as production process efficiency, depend on ensuring workplace safety, occupational safety management becomes an important and integral component of industrial health and safety. The management of enterprises should be guided by the principle of life and health of employees being the most important value. There are certain methods of occupational safety management, such as economic, organisational, administrative-legal and social-psychological, which enable to create safe conditions at workplace. With their help, safe working conditions can be significantly improved and therefore efficiency of production process can be increased. In this regard, this article is aimed at defining the concept of occupational safety as an essential element of industrial health and safety. It also taps into the main components that make up an integrated occupational safety system and methods of occupational safety management, which must be taken into account by the management of an enterprise, institution, organisation and the government, the latter also controlling implementation of legislative regulations at workplace, as the economic situation in the country depends to a large extent on the level of production processes functionality. In addition, analysis of existing international standards in the labour protection field has been carried out, their features and scope of application have been considered. On the basis of the revealed data, specific recommendations have been developed, namely, advancement of prosocial behavior, technical upgrade, conduct of briefings and trainings aimed at increasing occupational safety. The research was carried out on the basis of general scientific and special methods of cognition, such as analogy, factor analysis, comparison, structural analysis, expert assessments and opinions, analysis of the causes of industrial injuries and various industrial diseases. The authors investigated the evolution of management and administration in labor protection and industrial safety, their interconnection and interdependence. The result of this scientific work is an understanding of the importance of compliance with safety rules at workplaces, of negative consequences that may arise from non-compliance with legislative regulations and international standards developed by the international community regarding occupational safety. A variety of management methods that can be used during set up of production process, as well as development of recommendations that will help to improve the current situation in labour safety, ensuring protection of labour rights, freedoms and legitimate interests of employees, enacted in most countries by Constitution, have been discussed. Having analysed the fact that currently the state of guaranteeing safe working conditions for employees is in a critical situation, industrial injuries and accidents at enterprises have become widespread. We can come to a conclusion that it is necessary to legislate this situation, to strengthen the legal responsibility of management and employees for non-compliance with safety rules during production process

The relevance of the study presented is conditioned upon the fact that the current national policy of control and supervision, including industrial safety, is designed to detect and prevent violations of the permissible level of danger for people and the environment by entities engaged in economic activities. The purpose of this study is to analyse occupational risks in enterprises and to explore new approaches, methodologies and ways of improving the assessment of occupational risks in production facilities. The methodological foundation of the study is based on a combination of various general scientific methods of scientific knowledge: analysis and synthesis of information, comparative method, and methods of induction and deduction. Improving the state of occupational safety requires improving the principles of occupational safety management. In addition, an assessment of the risk to the life or health of employees from economic activity should be performed and defined as the product of the probability of one accident per year and the probable number of lost working days per employee during the year. The study identified that workplace risk assessment should be re-evaluated whenever changes are expected in the company that may affect safety, such as new processes, new equipment, new materials, or changes in the work organisation or the work environment. The steps of risk assessment are clarified, the means of eliminating or reducing the risk are identified. It was demonstrated that a risk assessment should be developed and used to help employers or managers, and it was emphasised that once risks and dangers have been identified, appropriate action should be implemented with proper legal compliance. The practical significance of the presented research is that it can be used both in practice and for studying the theory of occupational risk assessment at enterprises.

The purpose of this article is to examine the compatibility of collective agreements for self-employed persons with the principles of European competition law. According to European law, self-employed persons are considered to be on equal footing with companies, thus making them susceptible to violating competition rules by entering into agreements on working conditions. The judgments of the European Court of Justice in the Albany and FNV Kunsten cases have established that collective agreements for self-employed persons are not generally exempted from the rules prohibiting restrictions on competition. However, considering the protection needs of numerous self-employed persons, a change in approach seems necessary. In 2022, the European Commission adopted Guidelines aiming to clarify the scope of EU competition law regarding collective agreements for self-employed persons. The objective is to exclude self-employed individuals who are most in need of trade union protection. However, there are some critical points in the Guidelines that warrant attention, such as the assessment of the compatibility of collective agreements for self-employed persons with competition law being conducted on an individual basis. A collective approach to the issue appears necessary instead of an individual one. Therefore, it seems appropriate to reflect on the dialectic between market freedom and social rights in European law concerning this specific issue, particularly in light of the recent proposal. [ABSTRACT FROM AUTHOR]

Labour protection issues, especially in a large enterprise, are key components of the social and labour sphere, which significantly affect the performance of the entire enterprise. In modern economic conditions, where every enterprise is focused on producing competitive, high-quality goods and making a profit, maintaining the health and efficiency of each employee is a priority. Any socially oriented enterprise is primarily interested in reducing the level of accidents, injuries, industrial-related, and occupational diseases of employees. The purpose of the study is to determine and evaluate the role of labour protection and industrial safety within effective management system development and enterprise activities. In the course of the study, the method of comparison, analogy, formalisation, structural analysis, and dialectical method of cognition were used. As a result of the study, it was determined that the modern labour protection should be aimed at effective management of industrial safety of all technological processes and taking into account international standards, in particular OHSAS 18001, ISO 4501, ISO 9001, which is the basis of effective enterprise management as a whole and contributes to the identification and prevention of adverse factors and, as a result, minimises injuries and occupational diseases, loss of life, influences health and working capacity in general

The paper proposes an approach to the organization of the occupational safety engineer's workplace using the tools provided by the MS Office environment. The performance of functions and the solution of tasks inherent in the work of an occupational safety engineer are implemented with the help of publicly available tools integrated in a hypertext document. In the first part of the work [1], in addition to the analysis of existing software developments and the assessment of their cost-effectiveness, the user interface with the main tools for solving tasks related to the organization of occupational health and safety at the enterprise is considered, including: planning the work of an occupational health and safety specialist, working with the base of regulatory and legal acts and the base of normative acts of the enterprise. In the second part of the work, such areas of activity of the labour protection service of the enterprise as work with the personnel database, analysis of industrial injuries and illnesses, training and verification of the knowledge of the enterprise's employees on labour protection issues are considered. Thus, in the course of working with the personnel database, i.e. with personnel, the "Personnel" mark on the worksheet provides a link to a document that contains a table of information about the personnel of the company's divisions, necessary for the day-to-day and long-term work of an occupational health and safety specialist - planning briefings, training and testing of knowledge on labor protection and fire safety, preliminary and periodic medical examinations, professional selection, etc. To store more detailed personnel data, a specialized database has been developed in the database management system (DBMS) MS Visual FoxPro, and appropriate screen forms for accessing, correcting, and printing data are provided. The next important area of work of an occupational health and safety specialist is the analysis of industrial injuries. MSOffice provides an opportunity to conduct a group analysis of trauma with the help of built-in charts. The work presents diagrams reflecting the dependence of the level of injury on the age of the victims and on the length of work, on the type of traumatic factor and on the time of the work shift. Changing the data on the number of cases in the tables leads to automatic changes in the charts. Another important area of work is training on labour protection issues. MS Office, in particular MS Word, contains programming tools in the Visual Basic for Application (VBA) language. This makes it possible to develop programs for training and testing knowledge. The work presents screen forms of the program for checking knowledge of the main regulatory legal acts on labour protection. The work outlines further steps to improve the complex, aimed at automating the main functions of the occupational health and safety management system: organization of medical examinations, monitoring of occupational health and safety, provision of workers with personal protective equipment, planning of occupational health and safety measures, organization of a virtual occupational health and safety office, and others. The purpose of the work is to facilitate, improve the efficiency and comfort of the work of the occupational safety engineer. [ABSTRACT FROM AUTHOR]

In the context of the requirement to guarantee a higher level of protection of the health and safety of workers, imposed in the field even at European level1, the offences against labour protection are one of the ways that give expression internally to the highest legal protection in the field, satisfying both the special prevention in the field by preventing the occurrence of such events, sometimes having the most serious consequences and the need to punish more severely such deeds, when special social danger thereof requires so. The complexity of offences against labour protection lies in the often omissive and culpable conduct of the perpetrator, sometimes related to a particular specificity of the causality link between this and the state of concrete danger thus created, with special implications on the imputability of the deed, in the context of the difficult interpretation of the vast special legislation, which must, therefore, be known and correctly applied. The relevant doctrine was initiated, starting precisely with the comment on the first incrimination of this sort in the Criminal Code of Carol II of 1936, and relevant case law was found, including from the constitutional contentious court, with regard to the compliance with the principle of legality of the incrimination in terms of predictability of the rule of incrimination, short references being formulated to the European law in the matter of safety and health at work and of comparative law. Our analysis will cover the entire content of the specific offences, with reference to both the objective and the subjective typicalness of the offences against labour protection, including their pre-existing conditions, with the declared aim of supporting the practitioners in the field. [ABSTRACT FROM AUTHOR]

Abstract The USMCA (NAFTA 2.0), although signed over a year ago, went through several months of renegotiation of certain of its new rules that the Democrat-controlled US Congress wanted altered or strengthened. In December a ‘Protocol of Amendment’ was agreed upon and signed by the three Parties (the USA, Mexico, and Canada). A number of tough, new measures governing pharmaceuticals were revised or deleted, making it potentially easier for generic competition and lower drug costs in all three countries. Rules on protection of labour rights were also strengthened, lowering the threshold at which a complaint of unfair labour practices could be initiated. Procedures for investigating such a complaint or resolving a formal dispute were also improved. Similar procedural improvements were made on measures affecting environmental protection. These Protocol agreements are more health-positive than health-negative, and in the case of pharmaceuticals are of significant impact. Overall, however, these amendments are simply a political fine-tuning of the agreement. Concerns raised in our earlier health impact assessment of the USMCA, notably how the agreement’s regulatory reforms reduce public health policy flexibilities, remain. The agreement continues to subordinate known or potential health costs of many of its measures to dubious claims of aggregate economic gains. Moreover, these gains, if materialized, are likely to accrue to those atop the income/wealth hierarchies in all three nations.

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(1), 561-571 | European Forum Insight of 27 March 2020 | (Table of Contents) I. Introduction. - II. The Sustainable Development Chapter: strong, legally binding and enforceable? - II.1. Labour-related commitments in the EU-Vietnam FTA: a toothless tiger? - II.2. Trade and sustainable development conflict resolution procedures: a watchdog? - III. Conclusion. | (Abstract) On 12 February 2020, the European Parliament gave its green light for a free trade agreement between the EU and Vietnam. After its conclusion by the Council and ratification by the Vietnamese General Assembly, it is likely to enter into force in early Summer 2020. During the long negotiation period, the project attracted criticism and heightened scrutiny by NGOs and official instances alike, pinpointing, among other issues, the poor track record of Vietnam in terms of human rights and workers' rights. For the latter concern, the European Commission considered that the chapter on sustainable development included in the agreement offered strong and legally binding guarantees. This Insight explores the guarantees for labour protection in Vietnam, provided for by the Trade and Sustainable Development Chapter, and assesses their legal force. This chapter contains substantial guarantees, such as upholding and ratifying standards of the International Labour Organization, as well as procedural guarantees. The latter allow a Party to initiate a conflict resolution procedure if it deems that the other Party does not uphold its commitments to safeguard high labour standards. The Insight concludes that both the substantial and procedural guarantees are rather weak, and that the success of the chapter on sustainable development will ultimately depend on the good will of the Parties.

The constantly deteriorating global environmental situation, the emergence of new enterprises and the rapid development of new technologies require the development of new approaches to personnel training in the field of technosphere and environmental safety. The current topical issue is the formation of a mechanism for predicting the future needs of enterprises in the implementation of new labour actions within the generalised labour function of employees in the field of ecology and occupational safety. For this purpose, it is necessary to implement the so-called “anticipatory” retraining of personnel in order to ensure the effective implementation and development of new technologies. The article describes one of the approaches to solving the problem of such advanced retraining in the field of labour protection and ecology.

Issues of ensuring the safety of working on height do not lose their relevance. Civil engineering is in the first place of the amount of injuries and deaths. It accounts for 17% of the structure of the main types of economy activity. The main reason of injuries is the fall from a height (30.5% of all injuries) More than 40% of accidents are lethal or cause partly or complete inability to work. The paper considers safety during ascent and descent on caged ladders, representing a way of collective protection. The construction of vertical ladders, arc cages and the mechanic of worker ascent are considered. Preliminary kinematic model of human fall has been considered during tests, using falling mannequin on caged ladders, with additional safety systems and without them. The analysis show, that caged ladders cannot provide enough protection and create an imaginary protection threat especially when the construction has three vertical bars, which has been set and tested. There is a high probability of falling on the ground or another platform. The paper shows, that cages are not as safe as personal protection equipment, installed on ladders. Some normative documents about vertical ladders allow falling from height less than 10m, which raises many questions about the safety of using that standards.

The labour inspector’s statement constitutes a non-statutory form of enforcing labour rights. In this context, we can see a variety of problems related both to the impact of the legal measure itself, appealing against it, as well as to the role it plays in ensuring compliance with employment rights. The jurisprudence and literature to date indicates explicitly that the employer’s failure to comply with the content of the labour inspector’s speech does not give rise to any negative legal consequences. Nevertheless, employers who do not agree with the solutions recommended by the authority through the labour inspector’s speech perceive this specific measure as a special type of decision. The decision itself, in turn, seems to be a natural manifestation of the state, the authority indicating to the subject of law the individual directions of its behaviour. However, this is, in fact, a different act. The article doubts the implementation of the model of labour supervision and control assumed by the legislator in the light of the measure outlined in the labour inspector’s speech. As a result, allowing this measure to be left to the inspector’s discretionary use may lead to the reinforcement of the feeling of a lack of efficiency on the part of the state bodies in the field of protection of workers’ rights, especially that the cases of its use are an open catalogue, which includes issues such as working time or the employment of young people. In order to better understand these trends, two examples are discussed where the National Labour Inspectorate had an impact on situations of a gross violation of labour law standards. A de lege ferenda direction has also been indicated, which means the creation of the institution of “re-inspection” of the employer. The existence of a non-authoritative “recommendation”, which is a statement by the labour inspector, is in fact a manifestation of the implementation of Article 17, paragraph 2 of the ILO Convention No. 81, which would not be incompatible with the consequence in the form of addressing a statement.

INTORDUCTION. The International Labour Organization (ILO) is a specialized Agency of the United Nations, established in 1919 on the basis of the Treaty of Versailles. The competence of this Organization, among other things, includes standard-setting activities for the development of labor standards at the international level. In 2019, the ILO celebrates 100 years since its creation. This article analyzes the current activities of the Organization to improve the existing international legal norms, as well as the prospects for the development of rulemaking planned for the upcoming years. In particular, special attention is paid to a set of measures aimed at solving urgent problems affecting profound changes in the sphere of labor at the international level. Among the tasks that the ILO plans to give priority to in the nearest future are the finalization and unification of the international legal norms adopted by the Organization, as well as the development of new conventions aimed at improving the international legal regulation of labor.MATERIALS AND METHODS. Present study is based on the analysis of the current legal framework of the Organization, aimed at improving the international legal norms on labor. In addition, the works of Russian and foreign scientists on the chosen subject were used. General scientific and special methods of cognition, including comparative legal and formal legal, are used as a method of research.RESEARCH RESULTS. The authors' analysis of the ILO's work on improving international legal norms on labour, showed that, at the present time clearly indicated the intention of the Organization to organize homogeneous in its content of norms regulating the issues of occupational safety, hygiene and security in the workplace. At the same time, the ILO has set itself the task of updating existing norms and abolishing those that are largely outdated and ineffective. In addition, the Organization's activities in the upcoming years will also focus on the audit of outdated standards and other regulatory issues. Also, taking into account statistical indicators, according to the authors, there is an urgent need for the adoption of a new ILO Convention aimed at combating violence and harassment in the workplace.DISCUSSION AND CONCLUSIONS. In accordance with the objectives and changes in the international legal regulation of labour relations, the ILO Global Commission on the Future of Work has identified the most acute problems and challenges, the overcoming of which will open up new prospects for future generations in the field of labour, namely: the revision of existing international labour standards, the abolition of obsolete, the codification of homogeneous rules governing occupational safety, security and hygiene. Great importance is also given to the improvement and progressive development of international labour law. In this regard, the authors believe that there is a need for the ILO to develop and adopt a Convention to combat violence and harassment in the workplace. The new international legal instrument should provide mechanisms for protection against violence and harassment, which could give greater weight to the problem by covering all workers and all forms of violence and harassment, and by addressing the issue in a comprehensive and integrated manner. The drafting and adoption of an international Treaty on the subject would be extremely important, since violence and harassment were unacceptable and were the opposite of the concept of "decent work" adopted by the ILO in 1999.

Copyright of Icelandic Review on Politics & Administration is the property of Institute of Public Administration & Politics 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.)

The labour inspector's statement constitutes a non-statutory form of enforcing labour rights. In this context, we can see a variety of problems related both to the impact of the legal measure itself, appealing against it, as well as to the role it plays in ensuring compliance with employment rights. The jurisprudence and literature to date indicates explicitly that the employer's failure to comply with the content of the labour inspector's speech does not give rise to any negative legal consequences. Nevertheless, employers who do not agree with the solutions recommended by the authority through the labour inspector's speech perceive this specific measure as a special type of decision. The decision itself, in turn, seems to be a natural manifestation of the state, the authority indicating to the subject of law the individual directions of its behaviour. However, this is, in fact, a different act. The article doubts the implementation of the model of labour supervision and control assumed by the legislator in the light of the measure outlined in the labour inspector's speech. As a result, allowing this measure to be left to the inspector's discretionary use may lead to the reinforcement of the feeling of a lack of efficiency on the part of the state bodies in the field of protection of workers' rights, especially that the cases of its use are an open catalogue, which includes issues such as working time or the employment of young people. In order to better understand these trends, two examples are discussed where the National Labour Inspectorate had an impact on situations of a gross violation of labour law standards. A de lege ferenda direction has also been indicated, which means the creation of the institution of "re-inspection" of the employer. The existence of a non-authoritative "recommendation", which is a statement by the labour inspector, is in fact a manifestation of the implementation of Article 17, paragraph 2 of the ILO Convention No. 81, which would not be incompatible with the consequence in the form of addressing a statement. [ABSTRACT FROM AUTHOR]

Using an intuitionalism framework, this study explains the different responses in domestic employment regulation. Past research indicates policy design has played a significant role in regulating domestic employment. Drawing on secondary literature and policy documents, this study argues that employers' needs, in forms of care policy, shapes different outcomes in each countries. This creates a vacuum in the legal status of domestic workers and places their employer–employee relationships into the category of individual contracts. After comparing the data we make several policy suggestions, aimed at planning and improving management practices for domestic workers. [ABSTRACT FROM AUTHOR]

The scientific paper deals with the issue of a new definition of the collective dispute over the fulfilment of obligations that do not give rise to claims to individual employees. The current practice changes the established legal definition of the collective dispute as defined in the Paragraph 10 of the Slovak Collective Bargaining Act and makes its future usage outdated. Based on available professional literature and own practical experiences, the authors point to a maladministration of public authorities in its usage and to the resulting legal consequences in the form of a threat to the employees’ labour law protection.

Purpose: Improving the systematic approach to planning and rationalizing labour protection measures at oil and gas enterprises, based on the results of hazard identification and industrial risk assessment. At the same time, the main task of the risk management process is to ensure the rights of employees guaranteed by the current legislation, namely, to create proper, safe and healthy working conditions. Design/methodology/approach: A comparative legal method for identifying the features of European and Ukrainian legislation in the occupational safety and health field; a structural-logical method for determining the main directions for the further development of the occupational safety and health management system at enterprises; analysis and generalization of well-known scientific results on the research topic; statistical analysis to identify the relationship between the industrial risk' level and various factors that may affect its value; applied systems analysis and mathematical modelling method for new methodological approaches' development to assessing of hazards' likelihood and their consequences' severity were used. The basis for improving the systematic approach to planning and rationalizing labour protection measures is based on the standard IEC 61882:2001. The statistics are taken from the "Messages" information system, which operates in the State Service of Ukraine on Labour and is designed to collect and process data on occupational injuries. Findings: An analysis of the current legislative and regulatory acts showed promising directions for their improvement. A mathematical model for scoring industrial risk is proposed, which takes into account the relationship between industrial risk and preventive measures and the time of their implementation. The calculation system developed on the basis of the proposed model provided a reduction in the time for processing data and calculating the values of industrial risks by 20...25%. Research limitations/implications: Statistical data on industrial injuries at enterprises of the oil and gas industry of Ukraine for 2018-2019 were used. Practical implications: Implementation of the proposed systematic approach to the organization of occupational safety and health management at enterprises has shown its simplicity and effectiveness, which can induce employers to finance reasonable and timely preventive measures. Originality/value: The method has been improved by decreasing the discreteness step in the assessment of industrial risk components, which has increased its accuracy; by developing a mathematical model for calculating the probability of a hazard, taking into account the frequency with which workers are exposed to danger, which eliminates the need to involve experts for an expert assessment at this stage. [ABSTRACT FROM AUTHOR]

The USMCA (NAFTA 2.0), although signed over a year ago, went through several months of renegotiation of certain of its new rules that the Democrat-controlled US Congress wanted altered or strengthened. In December a 'Protocol of Amendment' was agreed upon and signed by the three Parties (the USA, Mexico, and Canada). A number of tough, new measures governing pharmaceuticals were revised or deleted, making it potentially easier for generic competition and lower drug costs in all three countries. Rules on protection of labour rights were also strengthened, lowering the threshold at which a complaint of unfair labour practices could be initiated. Procedures for investigating such a complaint or resolving a formal dispute were also improved. Similar procedural improvements were made on measures affecting environmental protection. These Protocol agreements are more health-positive than health-negative, and in the case of pharmaceuticals are of significant impact. Overall, however, these amendments are simply a political fine-tuning of the agreement. Concerns raised in our earlier health impact assessment of the USMCA, notably how the agreement's regulatory reforms reduce public health policy flexibilities, remain. The agreement continues to subordinate known or potential health costs of many of its measures to dubious claims of aggregate economic gains. Moreover, these gains, if materialized, are likely to accrue to those atop the income/wealth hierarchies in all three nations. [ABSTRACT FROM AUTHOR]

Research background: Over the past years, employment and conditions of work have changed considerably; labour market is more flexible what enables enterprises to react faster to changing market requirements. Labour rules make it easier to hire and fire workers. A special category of employees includes juveniles who are covered by increased legal protection; a juvenile employee is an employee under 18 years of age. Work is an important part of every person. Many adolescents want to raise funds to provide for the basic necessities of life, but also to meet the needs of self-realization, socialization and creativity. Young people are regulated by many laws that contain prohibitions and obligations; employers are obliged to create favourable conditions for the all-round development of the physical and mental abilities of juvenile workers also by special adjustment of their working conditions. Purpose of the article: The article is focused on the analysis of current possibilities and specific conditions of employment of juveniles, identification of problems in the field of employment protection of juveniles in their employment as well as in the performance of work in dual education and proposal of systemic measures for practice. Methods: The method of analysis, synthesis, deduction, interview and questionnaires were used in the research. Findings & Value added: The ever-increasing demands on businesses in a globalized world require a more skilled workforce that is able to contribute to and adapt to technological change with new models of work organization. In connection with this, it is necessary to pay attention to the employment of juveniles, their specific conditions at work and in training for future occupations and elimination of risks.

I n the paper, according to the analysis of statistical data, correlation between the amount of occupational injuries and occupational diseases in Ukraine within last 5 years is defined. Also, using methodology of the International Labor Organization correlcation between the amount of accident fatalities and general number of accidents in Ukraine and EU countries (Austria, Great Britain, Germany, Denmark, Norway, Poland, Hungry, Finland, France) is defined. It is shown that in spite of the positive dynamics of decreasing amount of occupational injuries, the number of occupational diseases in Ukraine always increases. The comparative analysis of the ratio of the number of accident fatalities to the total number of registered accidents showed that, on average, Ukraine exceeds the EU countries by this indicator by 100 times. It is noted, that such negative indicators (in particular, increasing amount of occupational diseases), may occure because of imperfect methodology for identifying the risks of professional dangerous. Also, it is ascertained that basing on the existed methodology, the identefication process of occupational dangerous is quite subjective, which reduces objectivity of conducting quantitative assessment. In order to eliminate defined drawnbacks it is first time proposed to use corresponding integral criterion to conduct the process of quantitative risk assessment To solve this problem authors formulate and propose an algorithm of improving methodology of a process of analysing dangerous and harmful production effects (DHPE) which are the mainest reasons of occupational dangerous. The proposed algorithm includes implementation of four following successive steps: DHPE identification, indication of their maximum allowed threshold of concentrations (levels), identification of the sources of identified DHPE, esimation of consequences of manifestation. The improved proposed methodology allows indentify risks of occurrence occupational dangerous in systems "humantechnical system-environment" even on the phase of its designing when dangerous and harmful manufactured factors are unknown yet.

The President of the Lewiatan Confederation applied to the Constitutional Tribunal to evaluate certain provisions of the act, stating that these provisions provide for a differentiation of employees as to their freedom to work during certain days, what violates the following constitutional principles: the principle of labour protection, the principle of freedom to work, the principle of equality and the principle of proportionality. In the draft Sejm's position it was concluded, that these provisions conform to the Constitution. The introduction of diversification of commercial entities is related to the objective pursued by the legislator in this act, which is to ensure a rest day being conducive to the health and safety of employees. The constitutionality of the above solution is supported by the fact, that the legislator limited the group of exclusions to a catalogue of entities whose activity on Sundays and public holidays is rationally justified by social needs. [ABSTRACT FROM AUTHOR]