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Copyright of Journal History of Latin American Education / Revista Historia de la Educación Latinoamericana is the property of Universidad Pedagogica y Tecnologica de Colombia 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.)

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]

Abstract Aims This study aimed to investigate the current status of decent work among psychiatric nurses and analyze its influencing factors. Methods In February 2024, a cross-sectional study was conducted with a cluster sample of 358 nurses from a tertiary Grade A psychiatric hospital in Hangzhou, Zhejiang Province, China. Data were collected using a custom-made nurse demographic scale to gather demographic information. The Effort-Reward Imbalance Questionnaire (ERIQ) was used to assess the imbalance between effort and reward through the effort-reward ratio (ERR). The Social Support Rating Scale (SSRS) measured subjective support, objective support, and support utilization. The Decent Work Perception Scale (DWPS) was used to evaluate nurses’ perceptions of decent work. T-tests, one-way ANOVA, Pearson’s correlation analysis, and multiple linear regression analyses were employed for data analysis. Results The study found that the correlation between decent work and social support was positive (r = 0.360, p 25 years), social support (β = 0.259, p

The paper aims to share the idea that “Sustainable Development” is not only linked to an environmental dimension, but also to a social one. The reasoning focuses on a specific declination of sustainability within Labour Law, which is identified in the employment inclusion of persons with disabilities, and it develops by taking the Italian legal system as a reference point: after showing its weaknesses and opportunities, the paper sets out a proposal, which is based on the concept of “Offsetting”, embracing it from the environmental framework to the right to work of persons with disabilities.

Aims: This study aimed to investigate the current status of decent work among psychiatric nurses and analyze its influencing factors. Methods: In February 2024, a cross-sectional study was conducted with a cluster sample of 358 nurses from a tertiary Grade A psychiatric hospital in Hangzhou, Zhejiang Province, China. Data were collected using a custom-made nurse demographic scale to gather demographic information. The Effort-Reward Imbalance Questionnaire (ERIQ) was used to assess the imbalance between effort and reward through the effort-reward ratio (ERR). The Social Support Rating Scale (SSRS) measured subjective support, objective support, and support utilization. The Decent Work Perception Scale (DWPS) was used to evaluate nurses' perceptions of decent work. T-tests, one-way ANOVA, Pearson's correlation analysis, and multiple linear regression analyses were employed for data analysis. Results: The study found that the correlation between decent work and social support was positive (r = 0.360, p < 0.001), while it was negative for effort-reward imbalance (r = -0.584, p < 0.001). Factors influencing perceptions of decent work included years of work experience (β = -0.164, p = 0.046 for < 5 years; β = -0.157, p = 0.040 for > 25 years), social support (β = 0.259, p < 0.001), and the effort-reward imbalance (β=-0.458, p < 0.001). These factors collectively explained 40.2% of the variance in perceptions of decent work. Furthermore, social support plays a mediating role between effort-reward imbalance and decent work (β=-0.062, Bootstrap 95% CI: -0.107, -0.023). Conclusion: The findings suggest that years of work experience, social support, and the effort-reward imbalance are factors influencing decent work among psychiatric nurses. By offering career development opportunities, fostering supportive work environments, and ensuring fair compensation, we can empower psychiatric nurses to navigate job challenges effectively and sustain a sense of decency in their work. [ABSTRACT FROM AUTHOR]

BACKGROUND: Rates of un- and under-employment are high among persons with intellectual disabilities in Canada. More information is needed to better understand how current employment practices are experienced by persons with intellectual disabilities and those who hire and support them. OBJECTIVE: This exploratory and descriptive study sought to learn about employment practices as experienced by self-advocates with intellectual disabilities, employers, and employment specialists; to identify key barriers and facilitators to equitable inclusion of persons with intellectual disabilities in attaining and maintaining paid and competitive employment. METHODS: An online survey invited participants from all three groups to share their experiences and descriptive analysis was conducted to offer a summary of patterns across participant experiences. RESULTS: 149 participants (77 employment specialists, 59 self-advocates, and 13 employers) from across Canada participated in the survey and shared information about their experiences across recruitment, hiring, integration, and performance management of persons with intellectual disabilities. CONCLUSION: This study offers information about employment practices in Canada that directly impact the experiences of potential or current employees with intellectual disabilities. The findings may be used to inform the development of employment standards, best practices, and/or future research to improve disability-inclusive employment. [ABSTRACT FROM AUTHOR]

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.

The article examines the impact of digital transformation on the development of legal regulation of labor relations. The author analyzes current novelties of legal regulation of labor relations through the prism of the development of digital technologies. The opinions of leading scientists in the field of labor and other fields of law are given regarding the impact of digitalization on the development of labor relations, and law enforcement practice is analyzed. The potential areas of application of artificial intelligence are considered, as well as the possibilities of automating many production processes with the help of artificial intelligence, which is expected to lead to an increase in product quality and production speed. These issues become especially relevant in the period of growing needs of the state's import substitution policy. The article analyzes the experience of the use of artificial intelligence by European countries, therefore a comparative analysis of the current legislation on the use of artificial intelligence in Ukraine and foreign countries is carried out. Several possible levels of involvement of AI in the field of work are distinguished: work facilitation; labor automation; employee empowerment; full replacement of the employee. At the same time, recruiters note the effectiveness of individual use of ChatGPT in their work, in particular: creation of attractive job descriptions; market research: competitors, salaries, demand, etc.; preparation of interview questions; communication with candidates: correspondence, working with objections, sensitive feedback; search for candidates: advice on resources, creation of Boolean queries (search for web pages using special operators), selection of keywords; resume analysis: keyword recognition to assess the candidate's skills; presentation of the candidate to the hiring manager. The reasons for the «fear of acceptance» of artificial intelligence by modern society are highlighted. The importance of further theoretical studies of this issue, which will contribute to the effective protection and protection of the rights and freedoms of citizens, is emphasized. It was concluded that before the widespread introduction of artificial intelligence, it is worth conducting a study at the state level on unemployment and the socio-economic consequences of the use of artificial intelligence in the field of work, thereby reducing millions of jobs across the country. Will the implementation of AI cost a stable social situation in the country? Labor relations are not only inextricably linked with the individual, but also with the employee's ability to provide for his family members. In the case of replacing workers with robots controlled by artificial intelligence, unemployment can reach huge proportions, due to which crime in the country will inevitably increase, as a person will be in the stage of finding satisfaction of his natural needs for food and shelter. Therefore, it is important that the state has a clear position on the formation of legal, economic and social strategies to solve problems related to «technological unemployment». So now it is necessary to create a list of professions and positions that cannot be replaced by artificial intelligence, to define clear rules (order) of interaction between robots and people, in particular in the case of freelance situations, and in some enterprises, it is possible to set quotas for places occupied by people. [ABSTRACT FROM AUTHOR]

Abstract Background Early Childhood Caries (ECC) is a prevalent chronic non-communicable disease that affects millions of young children globally, with profound implications for their well-being and oral health. This paper explores the associations between ECC and the targets of the Sustainable Development Goal 8 (SDG 8). Methods The scoping review followed the Preferred Reporting Items for Systematic Reviews and Meta-Analyses Extension for Scoping Reviews (PRISMA-ScR) guidelines. In July 2023, a search was conducted in PubMed, Web of Science, and Scopus using tailored search terms related to economic growth, decent work sustained economic growth, higher levels of productivity and technological innovation, entrepreneurship, job creation, and efforts to eradicate forced labor, slavery, and human trafficking and ECC all of which are the targets of the SDG8. Only English language publications, and publications that were analytical in design were included. Studies that solely examined ECC prevalence without reference to SDG8 goals were excluded. Results The initial search yielded 761 articles. After removing duplicates and ineligible manuscripts, 84 were screened. However, none of the identified studies provided data on the association between decent work, economic growth-related factors, and ECC. Conclusions This scoping review found no English publication on the associations between SDG8 and ECC despite the plausibility for this link. This data gap can hinder policymaking and resource allocation for oral health programs. Further research should explore the complex relationship between economic growth, decent work and ECC to provide additional evidence for better policy formulation and ECC control globally.

The paper discusses the guarantees of human rights in the labor sphere and the issues of judicial protection of labor rights. Attention is paid to the issues of termination of an employment contract in the absence of culpable actions of the employee. A comparative legal analysis of the current legislation of the Republic of Moldova, European law, international legal norms and standards of labor is carried out. Special attention is paid to the practice of legal regulation of relations that arise during the dismissal of employees, as well as challenging the decisions made by the employer in court in the practice of foreign countries. Constitutional guarantees and their effective compliance are analyzed in the phase of legal proceedings in courts of general jurisdiction. Proposals are formulated to improve the efficiency of the legal regulation of labor relations in order to increase the protective functions of labor law and ensure constitutional rights and guarantees in the labor sphere. Key words: right to work, constitutional guarantees, judicial protection, dismissal.

Background: Early Childhood Caries (ECC) is a prevalent chronic non-communicable disease that affects millions of young children globally, with profound implications for their well-being and oral health. This paper explores the associations between ECC and the targets of the Sustainable Development Goal 8 (SDG 8). Methods: The scoping review followed the Preferred Reporting Items for Systematic Reviews and Meta-Analyses Extension for Scoping Reviews (PRISMA-ScR) guidelines. In July 2023, a search was conducted in PubMed, Web of Science, and Scopus using tailored search terms related to economic growth, decent work sustained economic growth, higher levels of productivity and technological innovation, entrepreneurship, job creation, and efforts to eradicate forced labor, slavery, and human trafficking and ECC all of which are the targets of the SDG8. Only English language publications, and publications that were analytical in design were included. Studies that solely examined ECC prevalence without reference to SDG8 goals were excluded. Results: The initial search yielded 761 articles. After removing duplicates and ineligible manuscripts, 84 were screened. However, none of the identified studies provided data on the association between decent work, economic growth-related factors, and ECC. Conclusions: This scoping review found no English publication on the associations between SDG8 and ECC despite the plausibility for this link. This data gap can hinder policymaking and resource allocation for oral health programs. Further research should explore the complex relationship between economic growth, decent work and ECC to provide additional evidence for better policy formulation and ECC control globally. [ABSTRACT FROM AUTHOR]

Globally, the right to work is a modest human right. It is a right acknowledged under the Universal Declaration of Human Rights which delineates the various types of work. As such, each person is at liberty to take up any job granted that one has the capacity and skills. This decision must be free from stigma or discrimination. However, this is not the case with mortuary attendants in Ghana. This study explored the viewpoints of Ghanaian mortuary attendants and how society perceives their rights to work. The study used a qualitative research approach, with exploratory and descriptive designs, that sought an indepth understanding from sampled mortuary attendants on the perception of their community members toward their work. Saturation was attained with nineteen (19) participants from nine (9) health facilities located in the three regions. Semi-structured interviews were conducted and audio recorded with concurrent data transcription and analysis using content analysis. Purposive sampling was used. The study included male or female mortuary employees with at least 1 year of working experience. The themes that emerged were as follows; self-stigma, public stigma, stigma-by-association, and structural stigma. The results were structured according to a stigma model. The study reveals high levels of stigmatization and discrimination against mortuary attendants. Researchers recommend the need for public education, and policy changes to reverse the scornful stigmatization and discrimination against death care workers and those in related profiles. [ABSTRACT FROM AUTHOR]

Copyright of Prudentia Iuris is the property of Pontificia Universidad Catolica Argentina 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 is devoted to the theoretical and legal problems of ensuring the right to work guaranteed by the Constitution of Ukraine to citizens, in particular internally displaced persons (IDPs), during the war in Ukraine, which requires special protection by the authorities and authorized bodies. It was found that the needs of IDPs cover a wide range, but among the professional needs, the most relevant is work in a specialty, therefore, it is advisable, if possible, to transfer business, create jobs, create new enterprises precisely in the regions that today accept people fleeing from wars and occupations It was emphasized that the “Unity for Action” program is operating in Ukraine, which unites internally displaced persons, host communities and specialized organizations on the path of longterm integration of internally displaced persons in Ukraine, and the goal of this project is to strengthen the social capital of IDPs, make them less vulnerable, to ensure IDPs’ own contribution to the development of integration plans. It is noted that the issue of employment is considered today in the context of the general socialization of IDPs, which implies the desire of people to integrate into the society where they currently live. The legislation of Ukraine guarantees the provision of the right to work through legal protection, which makes it impossible to have an illegal, biased attitude of the employer towards an internally displaced person. Attention is drawn to the fact that a significant obstacle to the employment of IDPs during the war can be the lack of all necessary documents in person. Documents can be lost or destroyed during evacuation, so today social services and relevant authorized state bodies are working on restoring such documents using simplified procedures. It is noted that there are persons from among IDPs who do not want to be employed, citing certain reasons, which, as a rule, are unjustified and far-fetched (loss of financial support and state benefits upon employment; inability to work parttime, etc.). [ABSTRACT FROM AUTHOR]

The article is devoted to the theoretical and legal study of the right to work, its enshrining in the legislation of Ukraine and in international legal documents, ensuring the employment of young people by the state, the peculiarities of the employment of young scientists, as a category of subjects of labor relations with a special legal status. The state of employment of this category of workers has been analyzed and the main problems faced by young people when finding work have been identified, in particular: a) imperfection of the regulatory and legal framework that regulates labor relations with scientists; b) the possibility of forecasting supply and demand in the labor market; c) lack of professional experience among young people; d) state of development of research infrastructures; e) low level of salaries of scientific employees. The theoretical and practical problems in the field of professional development of young workers aimed at forming high professionalism in them, the ability to work in new economic conditions, as well as ensuring high productive work and effective employment on this basis are analyzed. The author concluded that the current state of the youth labor market is the most problematic part of the general labor market, since the level of youth unemployment in Ukraine has only been increasing in recent years, which contributes to the outflow of young specialists abroad, where they see better earnings, professional growth or opportunities in ge neral. [ABSTRACT FROM AUTHOR]

This article examines the stimuli and implications of the employment decentralization trend within the European Union, highlighting the spiral in self-employment. The demarcation between traditional dependent employment and self-employment has culminated in the evolution of distinct legal frameworks and protective measures. These frameworks traverse substantive labour laws, social security provisions, health insurance, and tax structures, each meticulously designed to cater to the specific needs and attributes of workers within these separate employment categories. Given the escalating prominence of the self-employment domain, there’s an emerging imperative for a re-defined labour legislation strategy. This strategy aims to harmoniously combine freedoms and self-employment with the EU’s foundational principles, including solidarity, equitable treatment, and robust social protection. [ABSTRACT FROM AUTHOR]

A new legal order has arisen in the United Kingdom ('UK') following that country's withdrawal from the European Union ('EU'). Nowhere are these changes more evident than in the complex rules that have emerged in the fields of freedom of movement and the right to work. In evaluating the new legal landscape, this Article has two overarching aims. The first is to assess the level of protection granted to the right to work and associated free movement rights within EU and UK law, including the terms of the EU-UK Withdrawal Agreement. The second aim is to examine the extent to which those right to work rules are reflective of the status of the right to work as a fundamental social right. It is argued that Brexit unmoors the right to work from EU free movement rules, thereby undermining the normative value of that right, while exacerbating flaws in domestic rules governing access to employment for both national and migrant workers. [ABSTRACT FROM AUTHOR]

Profit maximization is a process that companies go through to determine the best production levels and prices to achieve their goals. It would seem that the market's 'no limit' applies, yet there are in fact impassable limits, set by law. Labour law and related human rights are undoubtedly well established among these limits. The balance in this area oscillates around an equilibrium, but time and again, niches of disproportionality are revealed on both sides. For example, although the right to work is effectively guaranteed by international law and domestic Polish law, only 2% of people on the autism spectrum are in work. This is all the more alarming because, due to the noticeable increase in the number of people diagnosed with autism in Poland and around the world, it is increasingly becoming a topic of public debate. A systemic way to include such people in the labour market is primarily through vocational development centres (ZAZs). This article presents the legal framework in question, in juxtaposition with the results of an empirical study conducted in 2022. Out of a total of 127 ZAZs operating in Poland, only four employ more than one person on the autism spectrum. The increase in the number of autistic people, along with the stagnation of the labour market supply aimed at them, prompts demands for remedial measures, such as incentive-based offers of financial support for ZAZs linked to employment quotas for autistic people. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Anbar University for Law & Political Sciences is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) 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.)

BACKGROUND: The arrival of COVID-19 in Brazil and the accelerated process of dissemination/contamination added to the evolution of the clinical picture of the disease, and the saturation of the capacity of health services, creating new challenges for researchers, governments, and professionals involved in the occupational health area. OBJECTIVE: This article aims to systematize and synthesize the proposals adopted by the legislation and by the Brazilian State, with a focus on worker protection and guaranteeing a safe work environment for the performance of their professional activities. METHODS: This is qualitative bibliographical research of the narrative literature review type, developed from October 2020 to June 2021 in legislation databases using the strategy: "COVID-19" AND "coronavirus/coronavirus" AND "worker health" on official Brazilian government websites. RESULTS: The lack of an emergency plan for efficient actions to respond to the epidemic caused and is still causing the daily deaths of workers. CONCLUSION: There is a need to guarantee the effectiveness of national and international policies and norms that have been neglected by the Brazilian government. [ABSTRACT FROM AUTHOR]

We explore whether municipalities with public sector unions exploit aspects of governmental (or "fund") accounting to obscure the availability of discretionary resources in fund balance accounts, relative to municipalities without public sector unions. We first investigate whether governments with unions report higher proportions of discretionary resources outside of the general fund, a primary measure of financial health, and instead within less prominent fund types. Second, we explore whether governments with unions report lower ratios within accessible general fund balance account categories – that is, report lower proportions of unreserved fund balance. Primary findings are consistent with both hypotheses. Although somewhat mixed, cross‐sectional analyses reveal that effects are magnified when unions have more bargaining power, as proxied by the ability to strike or the absence of state right‐to‐work laws. Further analysis corroborates cross‐sectional findings by examining difference‐in‐differences specifications surrounding the quasi‐exogenous shock of Wisconsin's 2011 weakening of state public sector union laws and Ohio's time‐varying union contract negotiations. Overall, the evidence suggests that governments with unions shelter resources to avoid the appearance of large discretionary amounts available. [ABSTRACT FROM AUTHOR]

The European acquis on the protection of human rights is indisputable. This also applies to the case-law of the European Court of Human Rights. However, this acquis is not extensive enough to cover all the problems Europeans have. The aim of this article is to establish the status quo in the area of anti-discrimination against persons on the autism spectrum in the labour market, taking into account the related Strasbourg jurisprudence in question, as a starting point for potential proceedings (in this area) before the European Court of Human Rights. Currently, the body of doctrine in this area is not extensive, and the increasing number of diagnosed cases of autism may in the future necessitate a deeper reflection on the guarantees provided by international law. The article will generally characterise autism, discuss ECtHR jurisprudence relating to persons with disabilities and (briefly) the right to work, discuss the labour market participation of persons on the autism spectrum in selected countries as a challenge to jurisprudence, and present a conclusion. [ABSTRACT FROM AUTHOR]

Employment quota is one of the affirmative action measures, outlined by the Committee on the Rights of Persons with Disabilities in its General Comment, to increase the employment of disabled people in both public and private sectors. Existing literature has studied the implementation, outcome, and effectiveness of the employment quota, majorly by quantitative data, while the empirical evidence of how it influences the right of disabled people to work is relatively limited. The practice of employment quota in China suggests the possibility of underpinning discrimination and exclusion and thus puts disabled people in a more disadvantageous position. This paper empirically examines how the discriminatory effect of the employment quota is shaped, with a particular focus on the interaction between the quota policies and stakeholders. [ABSTRACT FROM AUTHOR]

This article is devoted to the study of non-competition agreements (prohibition of competition) in Ukrainian legislation, their legal regulation. This mechanism is used to regulate the relationship between the employer and the employee in order to protect the legitimate interests of the employer. The most common scientific approaches used to determine the legal nature of non-competition agreements in the legal doctrine, and they are evaluated. The authors established that, in essence, non-competition agreements are obligations with a negative content, despite that they are not provided for by the Civil Code of Ukraine. The article analyzes the legislation of Western countries concerning non-compete agreements, in particular France, Italy and the USA. The authors came to the conclusion that the provisions of the legislation of these countries are similar and establish the following requirements for contracts of this type: 1) to be in writing; 2) remuneration for the employee; 3) the duration of the obligation which is mainly in several years, the applicable territory and activities that are prohibited to perform. If one of the conditions is missing, then this is the basis for declaring an agreement invalid. Ukrainian legislation was analyzed, in particular the Law of Ukraine "On stimulating the Development of Digital Economy in Ukraine", which provides for the concluding of non-compete agreements of Diya City residents. The authors came to the conclusion that, in general, Ukrainian labor legislation and civil legislation do not allow the conclusion of non-competition agreements, expect those provided for by the specified Law, because they violate human rights to work and entrepreneurial activity, and there are no laws that can limit these rights. An analysis of judicial practice is carried out, which is diametrically opposite, to some extent contradictory, because it is at the stage of formation. Since non-competition agreements exist in practice, the authors come to the conclusion that this topic is subject to further research. [ABSTRACT FROM AUTHOR]

No abstract available. Article truncated after 150 words. Labor unions in America look like they are making a comeback. Employees at Starbucks stores, Amazon warehouses, Trader Joe's, and REI, grad students, Uber and Lyft drivers and employees at the Medieval Times have voted to unionize. Hollywood actor and writers, the United Auto Workers, and Kaiser Permanente employees have been on strike (1). Headline writers began declaring things like, "Employees everywhere are organizing" and that the United States was seeing a "union boom” (2). In September, the White House asserted "Organized labor appears to be having a moment" (2). However, the Bureau of Labor Statistics recently released its union data for 2022 and the data shows that the share of American workers in a union has continued to decline (2). Last year, the union membership rate fell by 0.2 percentage points to 10.1% — the lowest on record. Despite an increase in union efforts since the pandemic, healthcare workers — particularly …

Labor historians describe Right to Work (RTW) as among the most consequential pushbacks against the early twentieth-century ascent of labor unions. Yet research on the economic consequences of RTW remains mixed, with nearly all research centered empirically and theoretically on the time surrounding RTW passage. In the current study, I use 41 waves of longitudinal data from the Panel Study of Income Dynamics between 1968 and 2019 to empirically and theoretically extend the mechanisms that link RTW and economic outcomes. First, following the vast majority of research on RTW, I show the demobilizing effects for labor following RTW passage: mean wages decline, wage inequality increases, and the union premium is halved in the middle and lower portion of the wage distribution. Second, I move theoretical focus beyond the time surrounding law enactment, arguing for a second-order effect whereby RTW institutionalizes a logic of polarized economic distributions and low labor power. To test this mechanism, I develop a novel strategy of comparison across respondents who are differentially mobile across state boundaries. I find individuals who cross RTW contexts experience a unique decline in mean wages and increase in wage variance, but this distinct trend can be explained by state-level institutional variation across RTW and non-RTW states. Thus, RTW is not only consequential in the periods around its passage, but also in establishing a long-standing, high-inequality regime. Results reveal multiple mechanisms by which RTW contributes to the long-run processes of union decline and broadly shared inequality growth. [ABSTRACT FROM AUTHOR]

The article examines such a phenomenon as «harassment» as a type of gender discrimination in the field of work. It is noted that gender discrimination in the field of labor is a complex multidimensional concept, the definition of which has not reached a consensus in the international community. It is important to get that the omission of international law does not distinguish gender as a discriminatory feature separate from biological sex, gender discrimination is mainly used as a synonym for discrimination based on sex. At the same time, it has a number of features. First, it represents a set of limitations, differences and persons that are reflected on the basis of the gender criterion and violate the equality of rights and opportunities of people in the field of employment (most often it is about women). Secondly, it is affected by gender inequality in the labor market, which is manifested in gender disparities. Thirdly, unlike the debatable concept of differentiation, gender discrimination is not a factor related to an employee's job qualities. It is emphasized that harassment in social and labor relations is definitely part of the subject area of gender sociology, which reflects social interactions not just between states, but also entrenched hierarchical power relations, formed cultural norms, and their specificity. At the same time, it is not possible to obtain the psychological and value-normative orientations of employees, the dependence of the state and scale of problems on the field of employment, on the contingent at the workplace and working conditions in general. It was concluded that broad coverage of issues of equality between women and men, representation of women as a valuable employee in the workforce, evaluation of her professionalism, implementation of real mechanisms for increasing the representativeness of women in status positions - this can contribute to the prevention and prevention of violence and harassment in the field of work. At the same time, a special active role should be played by domestic trade unions, which in one way or another are associate members of international trade union organizations, which would be expressed in educational and informational work, real assistance to the victims, and in expert participation in the development of legislative initiatives and recommendations for countering harassment in the field labor. [ABSTRACT FROM AUTHOR]

Copyright of Çalışma ve Toplum is the property of Calisma ve Toplum 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.)

A nascent literature is emerging that analyzes the case of Kaepernick who was "locked out" of the National Football League (NFL) beginning in 2017 because he chose to protest police brutality, systemic racism, and white supremacy. Using status expectations states theory and prototypicality theory, our research re-conceptualizes Kaepernick's lock-out as an infringement on his right to work. First, we utilize a modified case-study approach comparing his experiences to those of six other Black male athletes who were "locked out." Second, we utilize data and "matched cases" to demonstrate empirically that Kaepernick was locked out of the league while quarterbacks who were less qualified (based on specific performance measures) were allowed to continue working. Our analysis demonstrates that Kaepernick was denied his "right to work" because he, like other Black male athletes before him, challenged structural racism and white supremacy. [ABSTRACT FROM AUTHOR]

Copyright of Revista CES Derecho is the property of Universidad CES 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.)

Copyright of Revista Brasileira de Políticas Públicas is the property of Revista Brasileira de Politicas Publicas 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 discusses the current shift in Switzerland's disability policy from the right to work (in a sheltered workshop) for disability pensioners to the duty to work in the labour market for people with disabilities, whether they have a disability pension or not. The analysis of Swiss disability legislation and its implementation in the cantons of Basel-City, Ticino and Vaud shows that federal and cantonal disability policy questions the social and economic rights attached to a disability pension, in particular the right to be freed of the obligation to participate in the labour market, the right to be freed of the obligation to participate in welfare-to-work programmes in exchange for disability benefits, the right to work in a sheltered workshop and the right to supplementary benefits. These rights are being replaced by the (moral) duty for people with disabilities to integrate the labour market, with little chance of successful integration.

Refugees and asylum seekers face several obstacles in enjoying their right to work, including bars under host States' domestic law and situations of substantive discrimination. Despite the existence of norms protecting the right to work under international refugee and human rights law, they are usually abstract and leave considerable discretion to States regarding the extent to which refugees and asylum seekers may access the labour market. Nevertheless, recent case-law of the Inter-American Commission and Court of Human Rights has set out more protective standards concerning the right to work and the principle that non-discrimination towards marginalised groups. This article aims to demonstrate that these standards can effectively be applied to refugees and asylum seekers, thus curtailing States' discretion in limiting their access to the labour market and offering more concrete protection of the right to work. In so doing, the article will analyse the extent to which these groups' right to work is protected under the Convention relating to the Status of Refugees, the International Covenant on Economic, Social and Cultural Rights, and the American Convention on Human Rights, drawing from relevant statements and decisions of human rights bodies on how these instruments have been interpreted. Then it will delve deeper into the Inter-American case-law, showing the potential of the standards developed therein to the protection of refugees' and asylum seekers' right to work. It concludes that these standards can and ought to be taken into account more seriously when assessing States' discretion to limit refugees' and asylum seekers' access to the labour market and can be used as a basis to require positive and proactive measures from States in furthering this access. [ABSTRACT FROM AUTHOR]

Copyright of Justicia (0124-7441) is the property of Universidad Simon Bolivar 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.)

Copyright of Prometeo Conocimiento Científico is the property of Puerto Madero Editorial Academica 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.)

Copyright of Prospectiva is the property of Universidad del Valle 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 object of this paper is the study of the existing organizational forms of startups and the assessment of their compliance with the tasks of technology transfer. It has been established that existing approaches to understanding startups do not meet the needs of technology transfer. The feasibility of improving their legal status is substantiated. Directions for improving the form of a startup in the field of technology transfer have been formed. The following are proposed as the characteristic features of startups in the field of technology transfer: having the status of a business entity, meeting the requirements of a production and commercial entity, having technology or rights to technology, or performing work on its creation. The need to change the provisions of the Framework Program for research and innovation “Horizon Europe” by introducing a separate category of startups in the field of technology transfer is substantiated. Their definition as autonomous small (medium-sized) enterprises at an early stage of their life cycle is proposed. As such, created as a division of a university or research institution, and carrying out production commercial activities and owning the rights to technology or aimed at new technologies or scaling existing business models based on them. A universal legal construction of a startup in the field of technology transfer is proposed, which can be used in national legislation. Under it, it is proposed to understand a business entity, created recently, with the purpose of carrying out production activities and obtaining profit, based on the realization of the appropriate right to technology. The research is aimed at forming directions for improving the legal status of startups. The research results can be used in the formation of international normative acts, to regulate these relations and serve as a basis for further scientific research. [ABSTRACT FROM AUTHOR]

Context: Work is the first reason for weaning once breastfeeding has started. The Haute Autorité de santé (HAS), professionals and mothers are agree on the need for information to prepare the return to work. Objective: To create a pamphlet for mothers who wish to continue breastfeeding when they return to work. Method: According to the HAS protocol, group sessions and then individual interviews were conducted with « naïve » and « experienced » mothers and different health professionals. The information was based on scientific recommendations. Results: It focused on labour law, day-to-day organisation and the necessary contacts. Incentives were added. It was redesigned to be objective, comprehensive, practical and attractive. It was agreed with the participants that the sheet would be available for free online and distributed in paper form via health professionals. Conclusion: The support of mothers is essential for maintaining breastfeeding when they return to work. The participatory development of the pamphlet makes it possible to meet their needs. [ABSTRACT FROM AUTHOR]

Copyright of Politica y Sociedad is the property of Universidad Complutense de Madrid 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 positive law, restriction of employment in the public sector implies the absence of autonomy of employers in the public sector when establishing a fixed-term and indefinite employment relationship, or when hiring a person to perform temporary or part-time work outside the employment relationship. Save for exceptional situations, employers in the public sector can establish an employment relationship for a definite and indefinite period of time, or hire persons on a temporary basis outside the employment relationship, only after obtaining the approval of the Commission of the Government of the Republic of Serbia which is entitled to give consent for new employment and additional employment in institutions which are users of public funds. The author analyzes the constitutionality of provisions that regulate the restriction of employment in the public sector. The question is whether the norms related to the regulation of employment restrictions in the public sector are in conflict with the right to work and the prohibition of discrimination prescribed in the Constitution of the Republic of Serbia.

The topic of protecting certain types of labour rights of citizens in decisions of the European Court of Human Rights is relevant in connection with numerous cases of discrimination of employees by employers, which determines the need to resist offenses in the field of labour. The purpose of the study is to clarify the content and essence of labour rights in general and determine the place and role of certain types of rights that are subject to protection. The theoretical and methodological basis of the study is the formal legal method, which allowed analysing the current decisions of the European Court of Human Rights. The use of analysis and synthesis methods allowed comparing the main norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and the mechanisms used to protect certain types of labour rights. Using the structural and functional method, the main types of labour rights protected by the Convention are determined. The use of formal and logical facilitated the study of the achievements of researchers in the field of human rights protection. It is noted that among the list of articles of the Convention there are no norms that directly provide for the protection of the labour rights of citizens, but there are a large number of violations resulting from the implementation of labour relations. Such violations are related to the protection of the rights defined by the Convention, namely: discrimination on many grounds, violation of the right to freedom of speech, the right to privacy, a fair trial, and other rights. Most of them relate to defining the boundaries of privacy in the performance of labour duties; how the employer takes into account the employee’s initiative; compliance with the norms of the employment contract, and administrative policy of the enterprise. The main types of labour rights protected by the Convention on Human Rights and Fundamental Freedoms are highlighted. Theoretical developments, conclusions, and proposals can be used for further scientific research on problematic issues in the field of protection of certain types of labour rights in decisions of the European Court of Human Rights.

This study examines Rohingya living in Malaysia. Myanmar's discriminatory citizenship laws have stripped nearly all Rohingya of their citizenship, making them the largest stateless ethnic group in the world. Malaysia is one of the most popular destinations for the displaced Rohingya from Myanmar. As Malaysia is not a signatory to the 1951 Refugee Convention and its 1967 Protocol, the Rohingya are not entitled to any legal protection under the existing law in their host country. This study aims to identify the challenges faced by displaced Rohingya regarding their right to work, and the response from the Malaysian government. The methodology used for this research is a multi-site case study with the case study sites being Kuala Lumpur, Selangor, Terengganu, and Pahang. After intensive fieldwork and meetings with different stakeholders, this research revealed that Malaysian people are sympathetic to the Rohingya and wish to assist them within their limited capacities. Overall, this study argues that there is no consistent government policy and a lack of coordination between the Malaysian government and international agencies working to improve the welfare of the Rohingya. [ABSTRACT FROM AUTHOR]