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This article examines the legal framework of individual labour disputes involving alleged false self-employment individuals in Lithuanian employment law. As individual labour disputes in Lithuania must be heard in a mandatory preliminary dispute resolution proceeding before a Labour Dispute Commission, the question arises as to what extent these Commissions are required to receive and assess applications from working persons who formally provide work under a civil law contract but assert that the contract is an employment contract. The principle of primacy of facts dictates that the facts and actions of the parties take precedence over the form of the contract or the intention expressed in the contract when deciding whether an employment contract has been concluded. Despite not being an original responsibility of the Labour Dispute Commission, in deciding on its competence, it has to assess the facts and assess whether an employment relationship has in fact been established. This means that not only must the form of the contract be considered, but also its implementation, i.e., the actual relationship between the parties. It may be difficult for the working person to obtain evidence for the existence of an employment contract, as only the alleged employer might be in possession of such evidence. Therefore, a coherent and substantiated assertion that it could be an employment relationship should be sufficient for the Labour Dispute Commission to carry out a thorough examination, including the involvement of the alleged employer. The article draws parallels with the German legal system, which applies a special approach to such cases, known as “sic-non” cases.

The article is devoted to Ukrainian reform in the field of labour rights protection taking into account international standards. The draft Law No. 12034 “On Collective Labour Disputes” defines the principles, legal and organizational foundations of a new model to resolving collective labour disputes in Ukraine. In the introductory part of the article, the authors focus on the analysis of the prerequisites for the reform of labour rights protection. The second part of the article highlights the advantages of the new model of resolving collective labour disputes and the role of the National Mediation and Conciliation Service in resolving such disputes. The article outlines the problematic aspects of the existing system of resolving labour disputes in Ukraine, and presents a comparative analysis of international standards in this area is carried out.

This unique study draws on the experience of fifteen countries around the world - South Africa, Argentina, Canada, Mexico, United States, Korea, Australia, New Zealand, Belgium, Denmark, France, Germany, the Netherlands, Sweden and the United Kingdom. Covering the high and low points of strike activity over the period 1968-2005, the study shows continuing evidence of the durability, adaptability and necessity of the strike.

Building on insights from the insider-outsider theory, we examine the effects of the Employment Protection Legislation (EPL) on labour market outcomes, using high-court verdicts on labour disputes invoking Chapter 5-A and 5-B of the Industrial Disputes Act. Our regression analysis of a statewise unit-level dataset suggests that pro-worker judicial verdicts lead to an increase in wages and labour productivity especially in labour intensive industries, but discourage employment. The study demonstrates how the insider-outsider model combined with the labour market segmentation theory, unlike labour adjustment models, explain such findings consistently. The results suggest that loosening the EPL regime will have implications on the balance between the quantity and the quality of jobs, with serious consequences on industrial performance.

This paper presents a novel 'legal process' analysis to examine labour market institutions' role in addressing violations of migrants' labour rights in Indonesia. Examining 92 labour disputes and conducting qualitative interviews with stakeholders, the study explores Indonesia's primary labour market institutions' effectiveness in safeguarding migrants' rights. Systemic shortcomings within Indonesia's labour market institutions are revealed, indicating their limited capacity to protect migrants' labour rights effectively. Qualitative interviews provide insights into various foci and disconnects contributing to institutional failures. Call- ing attention to the role of the state, this study iden- tifies 'institutional fixes' that facilitate migrant rights protection, such as the assistance provided by private lawyers. It argues for shifting focus from 'migrant exceptionalism' to acknowledging migrants' experiences within labour market institutions as workers. This study contributes to understanding migrant labour governance in Indonesia, emphasizing the need to address institutional failures and advocate for comprehensive reforms to protect migrants' rights effectively.

The legislative attack on public sector unionism that gave rise to the uproar in Wisconsin and other union strongholds in 2011 was not just a reaction to the contemporary economic difficulties faced by the government. Rather, it was the result of a longstanding political and ideological hostility to the very idea of trade unionism put forward by a conservative movement whose roots go as far back as the Haymarket Riot of 1886. The controversy in Madison and other state capitals reveals that labor's status and power has always been at the core of American conservatism, today as well as a century ago. The Right and Labor in Americaexplores the multifaceted history and range of conservative hostility toward unionism, opening the door to a fascinating set of individuals, movements, and institutions that help explain why, in much of the popular imagination, union leaders are always \"bosses\" and trade union organizers are nothing short of \"thugs.\" The contributors to this volume explore conservative thought about unions, in particular the ideological impulses, rhetorical strategies, and political efforts that conservatives have deployed to challenge unions as a force in U.S. economic and political life over the century. Among the many contemporary books on American parties, personalities, and elections that try to explain why political disputes are so divisive, this collection of original and innovative essays is essential reading.

We explore the relationship between FDI, regime type, and strikes in low- and middle-income countries. We argue that FDI produces social tensions and opportunities for protest that can result in higher levels of industrial conflict. However, the effect of FDI is moderated by regime type. While democracies tend to have higher levels of protest overall, they are better able than authoritarian regimes to cope with the strains arising from FDI. We cite two reasons. First, political competition forces regimes to incorporate workers, which shifts conflict from industrial relations to the political arena. Second, democracies provide workers with freedom of association rights, which facilitate institutionalized grievance resolution. We test the argument using a new dataset of labor protest in low- and middle-income countries for the period 1980—2005.

Purpose. To analyze the legal grounds for the use of alternative methods for resolving labor disputes, the advantages of each and their effectiveness. If specific methods are chosen, to propose amendments to the current legislation to resolve the problems of enterprises and employees. Methodology. The study of the problematic issues of alternative forms of labor dispute resolution was carried out through research and evaluation of Ukrainian legal acts; theoretical analyses of experts in the relevant fields; and analysis of international labor law. Findings. The authors identify the problem of irrational and therefore inefficient use of time by courts to resolve labor disputes. It is proved that these problems are multiplied by the insufficient number of judges. It is argued that employers’ ignoring the research problem has deepened the crisis in the settlement of relations with employees. The authors identify alternative forms of labor dispute resolution, including the possibility of increasing the use of mediation as a way to resolve labor disputes. Originality. For the first time, a comprehensive analysis of the use of alternative methods of labor dispute resolution at industrial enterprises of Ukraine under martial law was carried out. The authors identify the peculiarities of martial law’s impact on the personnel policy of large enterprises, the problem of labor shortage, and the need to adapt labor dispute resolution mechanisms to the new socio-economic conditions. The scientific understanding of the possibilities of using mediation procedures for individual and collective labor disputes has been expanded. The authors have further developed the rationale for amending the legislation of Ukraine, in particular the Law “On the Procedure for Resolving Collective Labor Disputes (Conflicts)”, by supplementing its provision on the mandatory nature of primary mediation before applying to a conciliation commission or a commission for consideration of individual labor disputes. Practical value. The introduction of mediation procedures into labor law as an alternative method for dispute resolution may become an effective tool for reconciliation of parties to labor disputes, reducing financial, time and human costs. The authors propose to supplement the Law of Ukraine “On the Procedure for Settlement of Collective Labor Disputes (Conflicts)” with a clause on the possibility of conducting a mediation procedure before raising the issue of appointing a conciliation commission.

PurposeThis study aims to decrypt the efforts made by Chinese people's courts nationwide to protect the rights of Chinese posted workers in the Belt & Road (B&R) countries by investigating labour litigation cases with an extraterritorial application of Chinese labour law (under the “doctrine of overriding mandatory labour rules”).Design/methodology/approachThis study collected all labour litigation from 2014 to 2018 brought forward by Chinese posted workers in Chinese courts against Chinese enterprises regarding the performance of employment contracts in the B&R countries where Chinese labour laws were mandatorily applied under the doctrine of overriding mandatory labour rules. The study adopted a qualitive research approach to analyse the compiled cases to explore their characteristics and effects.FindingsThis study found that the volume of labour disputes in the B&R countries had a somewhat positive correlation to the amount of investment from China. However, this correlation was rather superficial when compared with the correlation to the type of industrial sector (e.g. the construction sector) and to the claim category (e.g. remuneration claims). Moreover, labour disputes in both the B&R countries and China shared a great deal of similarity with regard to their concentration in certain sectors and in certain types of claims. Therefore, mandatorily applying Chinese labour law could be convenient for Chinese workers returning from abroad who seek remedies and could allow Chinese judges to issue affirmative decisions regardless of the territory in which the worker was posted.Research limitations/implicationsThe cases collected by this study were limited to those filed in China by Chinese workers who were hired by Chinese enterprises and sent to work in the B&R countries and did not include those filed in the B&R countries by Chinese posted workers. Future research should therefore attempt to gather a broader range of labour disputes to further clarify the issues and need for labour protection for Chinese posted workers in the B&R countries.Practical implicationsThis study argues that the doctrine of overriding mandatory labour rules is not entirely unproblematic because it might arbitrarily rule out the standards set by foreign labour legislation that could be more favourable to workers or offer them greater protection. Therefore, giving judges a certain degree of discretion is imperative to allow them to apply foreign labour standards when they have been proven to benefit workers.Originality/valueApart from a handful of reports on individual cases, there have been very few empirical studies regarding the general picture of labour protection for Chinese posted workers in the B&R countries. This study has adopted a novel approach to collect information on labour disputes in the B&R countries and to facilitate a qualitative analysis to test the practical implications of the doctrine of overriding mandatory labour rules.

The market-driven economic transformation in China has made the rule of law increasingly important in labor relations. In the past three decades, the state has actively legislated on labor issues, passing three major laws: the Labor Law in 1994, the Trade Union Law in 2002 and the Labor Contract Law in 2008. These have laid down the legal foundation for labor relations, not only by defining workers' rights, but also by stipulating procedures for labor disputes. Procedural systematization and the promulgation of labor laws have raised workers' awareness of their legal rights, resulting in an exponential growth in labor disputes. This has brought courts to the forefront of labor dispute resolution.