Forms and Methods of Protection of Citizens’ Rights in Social Support Sphere

2016 ◽  
Vol 4 (7) ◽  
pp. 0-0
Author(s):  
Алексей Гусев ◽  
Aleksey Gusev
Keyword(s):  
Social Support ◽  
Trade Unions ◽  
Social Protection ◽  
Specific Form ◽  
Labor Disputes ◽  
Legal Form ◽  
Civil Process ◽  
Labor Legislation ◽  
The Right ◽  
Self Protection

The article considers the categories “protection of the right to social support” and “social protection”, which, in the author’s opinion, should be differentiated. The author presents the approach to understanding protection of any right as a variant of realization of the right in a very specific form. The author analyzes forms of protection of the right to social support (jurisdictional (legal) form is presented as activities of the right protection bodies, envisaged by the statute, and interests, protected by the statute, and non-jurisdictional (non-legal) form — as application of measures by an authorized subject independently, without applying to any body); their typical methods, applied as part of a civil process through judicial recourse, and also through self-protection of the right to social support. The author considers variants of protection of citizens’ rights by trade unions, and through applying to the commission on labor disputes. The author notes discrepancies in covering the methods of right protection by the rules of the civil and labor legislation.

The Role of Trade Unions as a Subject of Social Partnership in the Settlement of Labor Disputes

2020 ◽  
Vol 9 (3) ◽  
pp. 967
Author(s):  
Asem M. RAKHIMOVA ◽  
Asel K. KAISHATAEVA
Keyword(s):  
Trade Unions ◽  
Occupational Safety ◽  
Social Protection ◽  
Safety Management ◽  
Collective Agreement ◽  
Labor Disputes ◽  
Social Partnership ◽  
Labor Legislation ◽  
Literary Sources

The most important actor of the system of social partnership are trade unions, which often act as democratic institutions of society. The aim of the study is to determine the role of trade unions as a participant in social partnership in the system of settlement of labor disputes in Kazakhstan, using the experience of foreign countries as an example, creating a mechanism for social protection of workers in the form of a balanced system of state and market regulators and strengthening the role of trade unions in the occupational safety management system. The following methods were used as methods of scientific research: analysis of literary sources, the study of regulatory legal acts, special legal, comparative legal. The author focuses on the problems faced by employees in resolving labor disputes. The labor legislation of Kazakhstan regulates the procedure for issuing acts of an employer, preparing a draft collective agreement, the procedure for resolving labor disputes, etc. All this should be conducted taking into account the opinion or in agreement with the representatives of employers, but today, as practice shows, all these procedures take place without proper coordination, especially in commercial enterprises with a non-state form of ownership. According to the author, the regulation of labor disputes is just the direction where there is close interaction between trade unions and the state is a clear manifestation of social partnership.

Mobilization without Movement: How the Chinese State “Fixed” Labor Insurgency

ILR Review ◽  
2018 ◽  
Vol 71 (5) ◽  
pp. 1029-1052 ◽  
Author(s):  
Patricia Chen ◽  
Mary Gallagher
Keyword(s):  
Collective Action ◽  
Qualitative Analysis ◽  
Labor Movement ◽  
Trade Unions ◽  
Economic Factors ◽  
Labor Disputes ◽  
Movement Theory ◽  
Labor Legislation ◽  
Chinese State ◽  
Organized Action

Drawing on a qualitative analysis of two recent labor disputes in Guangzhou and Shenzhen, this article asks: Why has a broad-based labor movement failed to emerge in contemporary China? Both pro-labor legislation and the existence of movement-oriented labor NGOs appear to provide opportunities and resources for workers to engage in organized action to expand workers’ rights. Two political mechanisms, however, help explain why a strong labor movement has not developed: 1) legislation and courtroom procedures and 2) official institutions that monopolize the space for representation—specifically the All-China Federation of Trade Unions (ACFTU). We call these two mechanisms “political fixes” and discuss how they interact to engender a feedback between the fragmentation of collective action during labor conflict and the continuous uptick in labor insurgency. This article contributes to labor movement theory: It puts greater emphasis on the institutional mechanisms that constrain labor, as opposed to sheer repression or economic factors.

Features of Legal Regulation of the Procedure for the Consideration of Labor Disputes in Kazakhstan

2020 ◽  
Vol 11 (1) ◽  
pp. 65
Author(s):  
Ainur Zhenisovna ISSAYEVA ◽  
Bolat Zholdasbekovich AITIMOV ◽  
Zhanat Amandykovna ISSAYEVA ◽  
Madina Koishibayevna ZHUSSUPBEKOVA ◽  
Saltanat Saidakhmetovna TINISTANOVA ◽  
...  
Keyword(s):  
Trade Unions ◽  
Legal Regulation ◽  
Labor Organization ◽  
International Labor Organization ◽  
Minimum Level ◽  
Labor Disputes ◽  
Judicial Practice ◽  
Labor Legislation ◽  
International Labor ◽  
Conflict Resolutions

This study examined the experience of Kazakhstan, which created its own system of laws and regulations in the field of labor dispute problems, designed to protect the interests of workers and help ensure a minimum level for residents. The article identifies problems requiring study of issues on the application of labor legislation, development of recommendations for improving and taking measures to inform judicial practice in this category of cases. We have studied the activities of the International Labor Organization (hereinafter referred to as the MOT), which is the world agency of the United Labor Organization. Kazakhstan reports on labor issues, labor disputes, trade unions of workers, workers and others. Case studies show labor disputes, strikes by workers in the regions of Kazakhstan, as well as their solutions. The study makes recommendations of the following nature, when considering disputes regarding the recognition of  legal relations as labor, courts should distinguish between civil law relations and labor relations. The relevance of the research topic due to the need to develop and introduce new modern mechanism for resolving individual labor disputes, including pre-trial and non-judicial methods of conflict resolutions.

scholarly journals Separation of jurisdiction of the court of administrative and general jurisdiction in labor disputes

2020 ◽  
pp. 52-58
Author(s):  
K. Kropyvna
Keyword(s):  
Trade Unions ◽  
Labor Relations ◽  
Legal Regulation ◽  
Public Law ◽  
Labor Disputes ◽  
Effective Measure ◽  
Labor Legislation ◽  
Civil Proceedings ◽  
Legitimate Interests ◽  
Administrative Proceedings

The article deals with the issues of legal regulation of procedural relations, as well as the delimitation of the administrative process from civil-procedural activity on the subjects of consideration of labor disputes. It is emphasized that the problem of distinguishing material public law from private is always an important problem. Not all labor relations fall under the signs of private law, in which the rights, freedoms and interests of individuals are protected, but most of them are regulated by labor legislation, which is based on the legislation regulating private relations. However, there are relations that arise between state bodies and citizens governed by labor law, but their regulation falls within the sphere of public law. Disputes arising from these legal relationships are resolved by the administrative court. Protection of certain labor relations is also carried out with the application of administrative liability, cases concerning this are considered by a court of general jurisdiction. The author notes that the legislator provided for the protection of the rights and legitimate interests of workers by the competent authorities to apply measures of administrative coercion. After all, being the main method of administrative activity, persuasion is not always a very effective measure to influence the behavior of those who commit illegal acts. In this regard, the state, protecting the inviolability of the regulated labor relations of the person, his right to work and adequate remuneration, the legitimate interests of citizens, their teams, trade unions, the rights and responsibilities of owners of enterprises, institutions and organizations, authorizes employees authorities to apply coercion to those who are not influenced by persuasion and public influence. Administrative coercion is applied on the basis of persuasion, the means of influence of which have already been exhausted. One of the types of measures of administrative coercion used in the consideration of labor disputes in order to protect labor relations is administrative liability. Cases of this jurisdiction are considered by a court of general jurisdiction. The author defines the criteria for distinguishing between labor disputes, which belong to the competence of the administrative court (considered in administrative proceedings and regulated by the Code of Administrative Procedure of Ukraine) and general jurisdiction (considered in civil proceedings and regulated by the Labor Code).

scholarly journals The Rights of Workers, Migrant Workers and Trade Unions in the Light of the European Convention on Human Rights

2021 ◽  
pp. 224-246
Author(s):  
Paulo Pinto de Albuquerque
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Trade Unions ◽  
Case Law ◽  
European Convention ◽  
Labor Rights ◽  
Freedom Of Association ◽  
Labor Legislation ◽  
European Court ◽  
The Right

The European Court of Human Rights (the Court, the ECHR) has made a significantcontribution to the protection of social rights in general and labor rights in particular. The articlefocuses on four specific areas that demonstrate the richness of case-law in this area. First of all, theauthor focuses on individual issues related to the general rights of workers, drawing attention to issuesof unfair dismissal, the right to respect for private and family life, freedom of religion and freedomof expression. Secondly, the author dwells on the protection of the rights of migrant workers underthe Convention for the Protection of Human Rights and Fundamental Freedoms. Third, the articleexamines trade union rights in the light of freedom of association. Finally, reflecting the economiclandscape of the past decade, case-law is provided to demonstrate how austerity measures can affecthuman rights and how the Court has responded to this problematic issue.Social rights, including labor rights, have received many advantages from the fact that they wereconsidered in the case-law of the Court, since its practice clarified the boundaries and limited thestate’s unlimited discretion in the management of these rights. At the same time, a certain trend hasformed. If at first the protection of workers’ rights and freedoms sharply increased, which is confirmedby some textbook cases of the ECHR, now it is impossible not to notice a regressive trend that isassociated with labor legislation, expands the discretion of governments and significantly limits theeffectiveness of the Court when considering labor rights. However, this regressive trend should notbe regarded as irreversible. The article highlights how meaningful consideration of soft law principlesallows the Court to take a progressive position that promotes labor rights and how it can continueto help protect workers’ rights.

scholarly journals Legal regulation of working hours and rest periods of seafarers in Ukraine and Finland

2021 ◽  
pp. 170-175
Author(s):  
D.O. Dmitrenko
Keyword(s):  
Trade Unions ◽  
Legal Aspect ◽  
Working Hours ◽  
Legal Regulation ◽  
Working Time ◽  
International Labour Organisation ◽  
Overtime Work ◽  
Rest Periods ◽  
Labor Legislation ◽  
The Right

The article considers the legal regulation of working hours and rest periods of seafarers under the legislation of Ukraine in the comparative legal aspect with the legislation of Finland. Much attention is given to an analysis of working hours of seafarers, compensation for the overtime work and securance of the right of annual leave and regular periods of rest under the legislation of Ukraine and Finland, as well as conformity of Ukrainian labour legislation and social rights of seafarers with the Maritime Labour Convention (MLC, 2006), and with the legislation of Finland. Ukraine hasn’t ratified any of the International Labour Organisation Conventions relating to working time and periods of rest of seafarers, and these issues are governed by the Regulation «On working hours and periods of rest of floating sea and river transport of Ukraine» (approved by Order of the Ministry of Infrastructure of Ukraine № 135 from 29.02.2012). Finland’s trade unions play an important role in working life of seafarers, by not only protecting their rights and providing decent working conditions, but also by deviations from certain provision of the Seamen’s Working Time Act (296/1976). Those deviations can concern reduction of duration of working hours, increase of payments for overtime work, providing additional rest time, etc. It is concluded that the labor legislation of Ukraine does not contain provisions on imposing sanctions on captain or shipowner in case of violation of seafarer’s right of normal working hours, annual leave and regular periods of rest, while in Finland, captain or shipowner can be prosecuted for improper or malicious violation of the procedure of the register of working hours, rest periods, compensation payments and annual leaves. Also Ukrainian legislation provide no legal mechanism for obtaining state and social guarantees by seafarers. The article suggests changes to national legislation by passing the law regarding seafarers labour rights and ratification of the Maritime Labour Convention (MLC, 2006).

scholarly journals Features of legal regulation of labor in the member states of the Eurasian Economic Union

2021 ◽  
Vol 128 ◽  
pp. 06010
Author(s):  
T.A. Izbienova ◽  
A.B. Vaiman ◽  
S.M. Sagitov
Keyword(s):  
Trade Unions ◽  
Legal Regulation ◽  
Public Authorities ◽  
Social Partnership ◽  
Eurasian Economic Union ◽  
Labor Legislation ◽  
Economic Association ◽  
Legislative Framework ◽  
Economic Union ◽  
The Right

In 2015, a new international integration economic association, the Eurasian Economic Union (hereinafter referred to as the EAEU), appeared on the economic and legal map of the world. Each member state of the EAEU, after gaining independence, as a result of the collapse of the USSR, independently formed a legislative framework in the field of labor, developed regulatory legal acts. Differences in the regulatory framework of the EAEU states, in particular, in the field of labor law, and their mutual economic integration, need to be compared in order to develop common principles, unification and harmonization of national legislation. In this regard, the article, based on the analysis of national labor legislation, assessed the prospects for regulating individual and collective labor relations and formulated conclusions on legal approaches to regulating social partnership relations, on the principles of the creation and functioning of trade unions and employers’ associations in the EAEU countries. In particular, the trade unions of the post-Soviet republics that are part of the EAEU have completely lost the right of legislative initiative, which corresponds to global practice. Currently, they can only make proposals for the adoption, amendment of regulations related to their area of competence. The position of trade unions as social partners on the adoption and amendment of labor legislation has ceased to be mandatory, and is often not taken into account by employers and public authorities.

Socio-Economic Analysis of the Proposal to Switch to a Four-Day Working Week in Russia

2019 ◽  
pp. 60-66
Author(s):  
R. A. Lugovskoy ◽  
E. V. Mikhaylov
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Social Protection ◽  
Prime Minister ◽  
Working Hours ◽  
Working Time ◽  
Production Costs ◽  
Historical Background ◽  
Labor Legislation ◽  
The Russian Federation

The presented study analyzes the proposal of the Prime Minister of the Russian Federation D. A. Medvedev to switch to a four-day working week. In the context of the topic, the experience of dealing with this issue is examined, including international practices. A similar proposal was discussed by I.V. Stalin as far back as Soviet times, although in the context of switching to five- or six-hour working days, but only in 2019 did this issue become the subject of debate. In light of the pension reform, which has led to an increase in the retirement age in Russia, a number of experts believe that such proposals may entail potential changes that could have a negative effect on the situation of workers. This study examines the mechanisms of public administration in coordination with enterprises relating to changes in the working hours.Aim. The authors aim to analyze potential directions for the improvement of public administration in the field of labor legislation, which has a significant impact on the development of the economy, business, and the situation of workers.Tasks. This study determines the historical background of Russia’s switch to a four-day working week; examines the legal mechanisms and specific features of labor legislation in Russia in the context of the planned switch to a four-day working week; explores international practices in the field of regulation of working hours; analyzes the benefits and drawbacks of switching to a four-day working week in Russia; develops proposals associated with Russia’s switch to a four-day working week.Methods. The methodological basis for the consideration of the problems includes general scientific methods, systems, structural, functional, and institutional analysis.Results. The ongoing processes in the field of improvement of labor legislation and its impact on the economy, business, and the situation of workers are comprehensively analyzed. The historical background of Russia’s switch to a four-day working week is determined; fundamentals of Russian labor legislation are examined; benefits and drawbacks of the potential innovations in the field of regulation of working hours are identified with allowance for international practices. The authors formulate proposals, the implementation of which will bring Russia closer to the switch to a four-day working week.Conclusions. The proposals of the Prime Minister of the Russian Federation to switch to a four-day working week has raised a lot of questions. For instance, it is unclear whether the current wages will be maintained. It is also questionable whether it is a step towards artificially reducing unemployment, in which fields this idea is likely to manifest itself first, and so on. These questions need to be thoroughly discussed by the representatives of the Government of the Russian Federation, Ministry of Labor and Social Protection of the Russian Federation, trade unions, and the scientific community. It is necessary to conduct a sociological survey to determine and prevent concerns among citizens about the upcoming changes. That said, the authors believe that the idea itself is conceptually correct, but it still valid to doubt whether it can be successfully implemented at the time of capitalism, when entrepreneurs focus on profit and are not interested in reducing the working time of their employees. According to the authors, the plans of I.V. Stalin to reduce working time could faster come into fruition with the socialist economic model, which facilitated innovations in the machine tool industry that would boost GDP growth and significantly reduce production costs. Assessing the prospects of development of this idea at the present stage is difficult.

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