ABSTRACT
The development of globalization processes in the world economy allows reconciling supply and demand for staff regardless of the employee's country of origin and leads to international labor migration. The experience of highly developed countries shows that a country's economy and its subsequent growth largely depend on the effective recruitment and use of skilled labor. The COVID-19 pandemic has led to a drastic restriction on population mobility and, consequently, worsened the economic and social situations in countries where labor migration was a widespread phenomenon. The ensuing economic crisis has not only altered trends in labor migration but has also brought new challenges to its legal regulation. The article aims to determine the features of migration trends and policy in the COVID-19 environment, examine them in the context of new regulations adopted to protect the labor rights of migrants under the current circumstances, suggest effective measures to regulate the situation in the labor market, and address the economic crises in the countries of destination and origin. The examination of this issue involved a complex methodological framework where the general scientific dialectical method was central to the research. The conducted research provides a foundation for overcoming the social and economic crises caused by COVID-19, which contributes to its practical significance. Copyright © The Author(s), 2023. Published by Cambridge University Press on behalf of International Association of Law Libraries.
ABSTRACT
The aim of the article is to conduct research on the issue of whether compulsory vaccination, enshrined in international and national legal acts, violates labour rights. The main research method was a comparison method, which helped to compare the experience of different countries in restricting labour rights in the context of compulsory vaccination against COVID-19. Moreover, the main characteristics of restrictions on labour rights during the COVID-19 period were highlighted using the method of system analysis. The evolution of compulsory vaccination was analysed using a historical-logical method. A formal legal method was applied to generalise, classify, and systematize research results, as well as to present these results. The current outbreak of COVID-19 has provoked trends in discriminatory behaviour in the workplace. Therefore, the restrictions on labour rights must comply with international human rights standards, which, however, largely reflect a position that does not support compulsory vaccination. © 2022, Nicolaus Copernicus University. All rights reserved.
ABSTRACT
The COVID-19 coronavirus pandemic, which has spread to all countries of the world, has posed new challenges in terms of legal, socio-economic, political, and social development. The pandemic produced a need for a mechanism of legal regulation of a special organization of the remote work, working hours, workplace, working conditions, etc. The study aims to analyze and compare the legal regulation of remote work under the introduction of restrictive measures caused by the spread of COVID-19 in Ukraine and the EU. The leading method was the method of comparative analysis. It helped to compare the specifics of the practice of EU member states in the field of legal regulation of remote work under the above conditions in Ukraine and the EU, identify how these issues are regulated in other EU countries. In Ukraine, it is necessary to improve the rules for regulating the responsibilities of the employer to compensate for the costs of a remote worker, enshrining in law the obligation of the employer to provide the employee with computer equipment, means of communication. The experience of European countries proves it is necessary to implement “right to disconnect” in Ukraine. Information and knowledge gained from the experience of different EU countries can be used as a basis for the adaptation and development of new relevant provisions in Ukraine. © 2022, Centro Universitario Curitiba - UNICURITIBA. All rights reserved.
ABSTRACT
The article presents a brief analysis of the situation in Belarus and Ukraine with the spread of coronavirus COVID-19 and measures taken by employers to optimise labour and social security relations during 2020. A brief overview of the decisions taken by Presidents, Parliaments, Governments and Ministry of Healthcare of both countries aimed at containment of coronavirus infection is presented. The latest changes in the Labour Code of Belarus and Labour Code of Ukraine, which regulated remote work since 2020, were touched upon. Attention is paid to the concept of self-isolation under the legislation of Belarus and Ukraine, restrictive measures that must be observed when self-isolating citizens in connection with COVID-19 infection, as well as level 1st and 2nd contacts. The authors analyse the new legislative provisions governing home and remote work, introduced into the labour legislation in Belarus in 2020, in Ukraine in 2020 and 2021. The article presents the specific experience of Belarus, where the presidential decree extended the rights of employers to temporarily transfer employees without their consent, as well as to change essential working conditions, and without making changes to the Labour Code. The authors give an assessment of such legislative innovations. The article deals with some issues of social support for employees who find themselves in a situation of downtime due to the suspension of the activities of organisations that are idle, as well as self-isolation. At the end of the article, some suggestions and recommendations are made for further adaptation of labour and social security legislation in Belarus and Ukraine in the context of the COVID-19 pandemic. © 2021, National Academy of Legal Sciences of Ukraine. All rights reserved.