On China’s Labor Law and the International Labor Standards

The main purpose of the article is to identify the contradictions and problems arising when both international labor standards and Russian labor law are applied and separate guarantees to workers are provided in the case of their dismissal. The object of the research is the employment relationship which arises between the employer and the employee when social guarantees are given to the workers when the employment relations are terminated. This article considers the regulations of Russian and foreign labor law which provide workers with certain guarantees if the employment contract is terminated at the initiative of the employer. For the first time, these guarantees are considered from a comparative legal perspective. Specific recommendations about improvement of the Russian labor law and its enforcement.

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Reception of Investigation Principles According to ILO’s International Labor Standards on Labor in Indonesia

International Journal of Multicultural and Multireligious Understanding ◽

10.18415/ijmmu.v8i7.2759 ◽

2021 ◽

Vol 8 (7) ◽

pp. 230

Author(s):

Fauzan Fauzan

Keyword(s):

Qualitative Methods ◽

Case Studies ◽

Industrial Relations ◽

Labor Law ◽

Labor Standards ◽

International Labor Organization ◽

Freedom Of Association ◽

International Labor Standards ◽

International Labor ◽

Descriptive Approach

The position between workers and workers in labor law always places an unbalanced position, where the position of workers will always be in a weak position. In the dispute over industrial relations disputes regulated in Law Number 2 of 2004 the basis for evidence is based on Article 163 HIR (Herzien Indonesis Reglement)/ 283 RBg (Rechtsreglement Buitengewesten) / 1865 BW (burgerlijk wetboek voor Indonesie). The provisions of this Article give rise to injustice about the reverse evidence that has been established by the International Labor Organization (ILO) through international labor standards and other ILO legal instruments regarding reverse proof in cases of dismissal, Freedom of Association, and Equality in Employment and Occupation. This research utilizes a juridical normative, descriptive approach and is supported by case studies as data support, and an analysis is carried out based on qualitative methods and legal comparisons.

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Labor law: national and international dimension

10.12737/1842502 ◽

2021 ◽

Author(s):

Nikita Lyutov ◽

Vyacheslav Bobkov ◽

Elena Volk ◽

Ilona Voytkovskaya ◽

Svetlana Golovina ◽

...

Keyword(s):

International Law ◽

Labor Law ◽

Labor Standards ◽

Legal Research ◽

International Labor Standards ◽

International Dimension ◽

The Third ◽

Legal Method ◽

International Labor ◽

Theoretical Issues

The first volume of the collective monograph "Labor Law: National and International Dimension", prepared by leading experts in Russian and international labor law, labor economics, philosophy of law, is devoted to the general problems of modern labor law. The first section of the volume deals with general theoretical issues of modern labor law, the second rethinks the principles of labor law in modern conditions, and the third analyzes modern employment problems. Most of the issues are investigated from the standpoint of the national labor law of Russia, international labor standards using the comparative legal method, as well as an intersectoral approach to legal research. For practitioners and researchers in the field of labor, international law, economics and sociology of labor, as well as students, postgraduates and anyone interested in this issue.

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Introduction

Principled Labor Law ◽

10.1093/oso/9780190052669.003.0001 ◽

2019 ◽

pp. 1-30

Author(s):

Gamonal C. Sergio ◽

César F. Rosado Marzán

Keyword(s):

United States ◽

Latin American ◽

Labor Law ◽

The United States ◽

Labor Standards ◽

Labor Protection ◽

Freedom Of Association ◽

International Labor Standards ◽

International Labor ◽

American Method

This chapter introduces the book’s main goal: to provide a “principled labor law” method to decide hard cases. It describes principled labor law as a Latin American method embedded in the principles of protection, primacy of reality, nonwaiver, and continuity. It argues that principled labor law can be useful even in the least likely case of labor protection, the United States, and explains how, if useful for the United States, it is likely helpful for other jurisdictions. It describes how principled labor law complements perspectives favoring freedom of association—the so-called labor constitution—but opposes views attempting to eviscerate the idea of protecting weaker parties from contemporary law, or those that envision labor law as merely a regulatory endeavor. It also describes how principled labor law shares similarities with the purposive perspective of Guy Davidov, but also contrasts with that perspective, to the extent principled labor law is mostly concerned, and is, in fact, “rulified” in favor of labor protection. It explains that principled labor law seems particularly needed to evade problems of legal endogeneity. The chapter concludes by arguing that the book provides a countercultural narrative for labor law in the United States that is also consonant with international labor standards and, as such, better brings U.S. labor law into the mainstream. Principled labor law may be less countercultural in other countries, but may also help there to renew jurisdictional commitments in favor of labor protection.

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Comment on Alan Hyde: The Perils of Economic Justifications for International Labor Standards

Law & Ethics of Human Rights ◽

10.2202/1938-2545.1036 ◽

2009 ◽

Vol 3 (2) ◽

pp. 180-188

Author(s):

Guy Davidov

Keyword(s):

Developing Countries ◽

Child Labor ◽

Comparative Advantage ◽

Labor Law ◽

Labor Standards ◽

Market Failures ◽

International Labor Standards ◽

Stag Hunt ◽

International Labor

This comment questions the relevance of the Stag Hunt model, employed by Alan Hyde in his contribution to this volume, to the context of international labor standards. Despite Hyde's insistence to the contrary, it is argued that in some cases child labor could create a comparative advantage to developing countries. This shows the difficulty with Hyde's reliance solely on market failures to justify international labor standards. The exclusion of other (non-economic) justifications results in an extremely diluted international labor law.

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