The Brazilian legal regulation of the exercise of telemedicine in the context of the COVID-19 pandemic

This article has as its central theme the legal regulation of the exercise of telemedicine, especially from the context created in the COV1D-19 pandemic. In this sense, the study addresses the legal mechanisms and guidelines given by the Federal Council of Medicine (CFM) for the adoption of the practice. As a result, several questions arise regarding the work situation of health professionals who use telemedicine as a work mechanism. The article, therefore, will explain the importance of adopting telemedicine, as well as the problems that arise through it. Copyright © 2023 Beatriz Sena Figueirêdo, Flávia de Paiva Medeiros de Oliveira.

Documents on Democracy

Global/Canada The post–Cold War assumption of democracy's inevitable triumph—described by Francis Fukuyama as the "End of History" thesis—does not apply to our world, and democracies need to adjust accordingly, argues Canada's deputy prime minister, Chrystia Freeland. The jeers I face in Question Period, the fact-checking of skeptical journalists, the hard verdict of the ballot box—all of these make me a better minister than I would be if we governed in splendid authoritarian isolation. Support independent workers' power in and beyond these protests;abolish anti-worker practices like the 996 work schedule and strengthen labor law protections, including protecting workers' right to strike and self-organization, so they can participate more extensively in political life. Avoid the risky tactic of long-term occupation of streets and town squares—adopt "Be Water"-style mobilization to prevent authorities from too easily clamping down on protesters.

The Untimely Dismissal of Workers with Disabilities in the Private Sector, during the Covid-19 Pandemic in Ecuador

Since March 2020, as a result of the health crisis caused by Covid-19, Ecuador has faced a sensitive panorama in the field of labor relations. The so-called states of emergency, which gave rise to restrictions on freedom of movement and assembly, led to the suspension of activities to safeguard the health of the population;and;consequently, in the issuance of new rules and guidelines for workers. Undoubtedly, a devasting scenario wordwide;and specifically for Ecuador, where, in addition to losing human lives, significant sources of work were lost and working conditions were modified to the detriment of workers, regardless of their condition. From this perspective, in this paper the labor regulations that were applied during the pandemic caused by Covid-19 are analyzed, in contrast to the norm applicable to disabled workers subject to the Labor Code, to finally, propose the procedural scenario that faces this priority care group in the courts of the country.

Die Re-Regulierung der Schlachthofarbeit in der Corona-Krise

Die prekären Arbeits- und Beschäftigungsbedingungen in der Fleischindustrie sind seit geraumer Zeit Gegenstand von Regulierungsversuchen. Eine dreifache Krise – der europäischen Integration, der Arbeitsbeziehungen und der Naturverhältnisse – zog in der Vergangenheit jedoch keine substanzielle Regulierung nach sich. Unser Artikel zeigt, dass die pandemiebedingte Ausweitung der Konsequenzen auf Betroffene außerhalb der Fleischindustrie (etwa Anrainer:innen von Schlachthöfen) die Relevanz und den Handlungsdruck erheblich erhöht hat. Auch die symbolische Relevanz des Themas stieg im Zuge der Corona-Krise, weil die Regulierungen im Zusammenhang mit der Pandemiebekämpfung der Bundesregierung insgesamt gedeutet wurden. Unsere These lautet, dass sich die bemerkenswerte Geschwindigkeit der Re-Regulierung nur auf Basis der vorgängigen, dreifachen Krisendynamik der Fleischproduktion erklären lässt. Die Analyse des Policy-Wandels hat ergeben, dass die Debatte um Arbeit und Beschäftigung in der Fleischindustrie bereits seit 2007 geführt wird. Zögerliche Regulierungsversuche sahen zwar bereits 2014 einen branchenweiten Mindestlohn vor, der jedoch großflächig unterwandert wurde. Ob die neuen Regulierungen der Bundesregierung dies nun verhindern können, indem sie Leiharbeit und Werkverträge schrittweise verboten, bleibt abzuwarten.Alternate :The precarious working and employment conditions in the meat industry have been the subject of regulatory attempts in the past. A triple crisis – of European integration, of labor relations and of social nature – was not followed by regulation in the past. Our article shows that the extension of the consequences to persons affected outside the meat industry (as neighbors of slaughterhouses) due to the pandemic has significantly increased the relevance and pressure for action. The symbolic relevance of the issue also increased in the wake of the Corona crisis because regulations were interpreted in the context of the federal governmentʼs overall pandemic response. Analysis of policy change reveals that the debate about meat industry regulation has been ongoing since 2007. While tentative attempts at regulation included an industry-wide minimum wage as early as 2014, it was widely undermined. It remains tobe seen whether the federal governmentʼs new regulations can now prevent this by gradually banning temporary work and service contract work (Werkvertrag).

European Cross-Sectoral Collective Bargaining as Post-Crisis Social Policy

This article proposes a policy project, centered around coordinated collective bargaining at the European Union level, to redistribute income towards low-wage workers in post-crisis Europe. It suggests we allow labor unions in sectors employing low-wage workers to present common wage demands across sectors and EU Member States. It shows that this would make union wage increases less harmful to workers and consumers than under uncoordinated sectoral bargaining, while coming more directly at the expense of managers and investors. The article then describes existing EU legal institutions that-although they do not quite amount to the policy proposed here-constitute useful precedents for it. These institutions are European social dialogue, European Works Councils, and European Framework Agreements bargained for by multinational firms and worker representatives. The article also discusses doctrines of EU competition and internal market law that could potentially be held to prohibit European cross-sectoral collective bargaining coordination. The article lays out arguments in favor of finding such coordination lawful, so that it may form part of the EU's policy arsenal to address wrenching economic inequalities worsened by the ongoing economic and health crises.

Public Health Practice and Health Equity for Vulnerable Workers: A Public Health of Consequence, May 2023

Structured vulnerabilities that threaten the health of meat- and poultry-packing workers are driven by a complex and complicated host of economic, occupational, social, and health care access-related factors. Recognition of these complexities is a first step. More challenging, yet critical to sustaining a commitment to social justice for these frontline workers, are public health practice initiatives rooted in health equity that work toward eliminating health disparities.In this issue of AJPH, Porter et al. (p. 500) describe implementation of a public health practice initiative aimed at reducing COVID-19 vaccine hesitancy and increasing vaccine uptake among poultry industry workers. This editorial seeks to contextualize this initiative as one investment in a larger constellation of investments that are needed to provide resources and services equally to all members of our society.

The Electrical Contractors Case: Irish Supreme Court Illuminates Collective Bargaining and Delegated Legislation

As Europe begins to emerge from the Covid‐19 pandemic, two trends are clear: one, labour market reform is urgently needed, to cope with new economic and technological realities;and two, big government is back. The recent decision of the Irish Supreme Court in Náisiúnta Leichtreach Contraitheoir Éireann v Labour Court illuminates the relationship between collective bargaining and the regulatory state. In potentially one of the most important decisions in Irish labour law in decades, the Court rejected a constitutional challenge to legislation aimed at empowering social partners to regulate economic sectors through collective bargaining. This article situates that decision within recent scholarship on the ‘labour constitution' model of labour law, under which the social partners should participate in economic governance. It also highlights the relevance of the decision for the ‘Social Europe' agenda and the political economy of both national constitutional law and the EU internal market.

Resilience and Sustainability in the Gulf Migration Regimes: Kafāla in the Era of Covid-19

The ongoing Covid-19 pandemic has strongly reaffirmed the critical importance of labor migration to the global economy, even as it has raised questions about the temporary migration programs responsible for much of this migration. In the Arab Gulf states–home to some of the world's highest proportions of migrants–the pandemic has highlighted critical structural weaknesses in the region's kafāla migration regimes. Drawing on two nationally representative surveys of Qatar's citizens and migrants conducted between October 2020 and June 2021, we argue that the Gulf's temporary migration regimes have shown resilience during the pandemic regarding flexibility, networks, and policies. However, Gulf states have gained this resilience at the expense of migrant workers, which threatens the sustainability of the kafāla in its current form. Nevertheless, we also identify key reforms undertaken in Qatar, which continued during the pandemic, and we find general acceptance of these reforms by citizens and business owners. Additionally, we find that Covid-19 has promoted recognition of the importance of migrant workers in the national labor supply, even if significant steps are still required to reduce migrant vulnerability. © 2023 Taylor & Francis Group, LLC.

Liber Amicorum Manfred Weiss

Liber Amicorum Manfred Weiss by Marius Olivier, Nicola Smit, and Evance Kalula (Cape Town, South Africa, Juta, 2021, 395 pp.).

Sustainability of EU Labour Markets During the Coronavirus Crisis

The purpose of this article is to explore the differences that exist between the exercise of the right to work by refugees and migrant workers under EU law, and to examine the existing differences between these categories under international law. The leading method of research used in the article is the method of comparison. It was used to analyze the differences in the legal regulation and implementation of the right to work by refugees and migrant workers in the EU. The article analyzes the peculiarities of the definition and legal regulation of the terms refugee and migrant worker. The author defines the classification of types of migration and proves the conclusion that economic motives are the most frequent reason for migration. At the same time, the author argues that refugees and labor migrants are different concepts in terms of labor legislation. Therefore, they have different legal status and, accordingly, different frameworks for exercising their rights. Besides, the author as an example considered Polish legislation, which regulates both the issues of labor migration and realization of labor rights of refugees, especially in the context of war in Ukraine, which is also reflected in the results of work and conclusions to the article. The materials obtained as a result of the study can be used in law- making activities to improve the national labor legislation of Ukraine on the example of the considered legal acts, as well as taking into account the European vector of development of Ukraine.

THE INTRICATE SYSTEMIC RELATIONSHIPS BETWEEN THE LABOR MARKET, LABOR RELATIONS, AND HUMAN RESOURCES MANAGEMENT IN A PANDEMIC CONTEXT

O artigo analisa como as organizaçöes interpretam as relaçöes sistemicas envolvendo o mercado e relaçöes de trabalho em suas estrategias de gestao de recursos humanos (GRH) na pandemia da Covid-19. Por meio de abordagem qualitativa, realizaram-se quatro grupos focais com 24 gestores de pessoas e entrevistas com quatro representantes sindicais em tres regiöes do Brasil: Sul (Joinville, SC), Nordeste (Fortaleza, CE) e Centro-Oeste (Brasilia, DF). Os achados indicam lacunas de conhecimento das áreas de GRH sobre mercado e relaçöes de trabalho, práticas similares de GRH em patamares distintos e institucionalizadas por repertorio comum, enquanto os sindicatos adaptam-se a nova legislaçao trabalhista. O contexto pandémico trouxe mudanças estruturais, como o teletrabalho, ajuste a legislaçao e organizaçao do trabalho, e também mudanças comportamentais, e efeitos na saúde do trabalhador. O estudo contribui teoricamente ao discutir a GRH sob a abordagem institucional;metodologicamente propicia pesquisas comparativas;e empíricamente ilustra como acontece a GRH em distintas regiöes do Pais.Alternate :El articulo analiza cómo las organizaciones interpretan las relaciones sistémicas que involucran el mercado de trabajo y las relaciones laborales en sus estrategias de gestión de recursos humanos (GRH) en el contexto de la pandemia COVID19. A través de un enfoque cualitativo, se realizaron cuatro grupos focales con 24 gestores de personas y entrevistas con cuatro representantes sindicales en tres regiones de Brasil: Sur (Joinville, SC), Nordeste (Fortaleza, CE), y Centro-Oeste (Brasilia, DF). Los hallazgos indican lagunas de conocimiento en las áreas de GRH sobre el mercado y las relaciones laborales, prácticas similares de GRH en diferentes niveles, institucionalizadas por un repertorio común, mientras los sindicatos se adaptan a la nueva legislación laboral. El contexto de la pandemia trajo cambios estructurales (e. g.: teletrabajo, ajuste a la legislación y organización del trabajo) y conductuales, incluida la salud de los trabajadores. El estudio contribuye teóricamente al ampliar el análisis de la GRH bajo el enfoque institucional;metodológicamente al propiciar las investigaciones comparativa;y empiricamente al ilustrar cómo funciona la gestión de recursos humanos en diferentes regiones del pais.Alternate :The article analyzes how organizations interpret the systemic relationships between the labor market and labor relations in human resource management (HRM) strategies during the Covid-19 pandemic. The research adopted a qualitative approach, carrying out four focus groups with 24 people managers and interviewing four union representatives in Brazilian cities located in three of the five Brazilian regions: Northeast (Fortaleza, CE), South (Joinville, SC), and Central-West (Brasília, DF). The findings indicated knowledge gaps in the area of HRM regarding labor market and labor relations. They observed the occurrence of similar HRM practices institutionalized by a common repertoire at different levels while unions were adapting to the new labor legislation in Brazil (enacted in 2017). The Covid-19 pandemic brought structural changes such as an increase in telework and adjustment to labor legislation and organization. It also brought behavioral changes and affected the worker's health. The study contributes a) theoretically by expanding the analysis of HRM under the institutional approach, b) methodologically by providing comparative research, and c) empirically by illustrating how HRM works in different regions of the country.

Working Conditions of Online Food Delivery Gig Workers from A Consumer Perspective in China: A Lesson for Malaysia

Whilst the expansion of the gig work market has enabled flexible taskbased work that is not bound by employment contracts with firms, it has also given rise to various concerns about the working conditions of gig labours. In China, the general preference for eating out and the convenience of this service has led to a growing need for online food delivery (OFD) services and rising demand for delivery riders. At the same time, the working conditions of the riders are strictly controlled by the oligopoly platforms, which makes their position very weak. However, there is minimal research on how Chinese users understand this situation, generating colossal demand. This study uses primary data collected through in-depth interviews to examine Meituan online food delivery users' understanding of delivery riders' working conditions and their potential contribution to empowering riders. Through the thematic analysis, the collected data identified five main themes: new category job location between chance and risk, ultimate 020 productivity labour, fragile workers' balance of power, and mutual assistance difficulties with 16 sub-categories. Although OFD users had a profound and insightful understanding of riders' working conditions, their potential contribution to improving working conditions was not highly promising. As platforms continue to be confronted by oligopolies and government regulators, users have a pivotal role as a mitigating factor for the sustainability of China's on-demand gig economy sector. Lastly, based on the China experience, this article offers lessons to OFD industries in Malaysia.

The urgency of labor law for informal sector workers in the welfare state concept: An evidence in Indonesia

This study aims to re-examine the issues that involve outreaching the urgency of labor law for informal sector workers in the concept of the welfare state in Indonesia. The research method used is a normative juridical approach or a study of documents or literature that only focuses on labor laws currently in force in Indonesia. The qualitative method approach that is descriptive-analytic is used to describe the relationship of a phenomenon, idea, data, or fact that is found objectively. This study found that the rights, dignity, standard of living, and even the working environment of informal sector workers are still neglected by labor law in Indonesia today. The national labor law has not accommodated legal protection, guarantees, and social security, so there is a legal vacuum for informal sector workers. This condition contradicts the philosophy of Pancasila and the constitution, the 1945 Constitution of the Republic of Indonesia. Thus, efforts to develop labor laws are expected to be carried out by the government together with the legislature to make all parties have the same position in the production process for the achievement of the company's progress. will have implications for national economic growth. On the other hand, this effort is expected to create legal harmonization in the field of employment in general and especially for informal sector workers in the welfare state in Indonesia.

PROBLEMATIC ISSUES OF ATTRACTING CRIMINAL RESPONSIBILITY FOR THE CRIMES AGAINST INDUSTRIAL SAFETY

Мета. Дати рекомендацп по вдосконаленню нормативно-правових актш щодо регулювання вщповщних правовщносин у сферi кримшалтци дшнь, пов'язаних İ3 порушенням законодавства про охорону пращ. Методика. Дослщження проблемних питань притягнення до вщповщальноста за порушення вимог законодавства про охорону пращ здшснювалося через вивчення та аналш: законодавчо! бази Украши;робта науковщв у вщповщних галузях;аналшу судово! практики (на прикладi аналiзу судово! практики за справами, розглянутими судами загально! юрисдикци Днiпропетровськоī областi та Верховним Судом за останш 3 роки) з питань притягнення осШ до кримшально! вiдповiдальностi за ч.ч. 1, 2 ст. 271 Кримшального кодексу Укра!ни «Порушення шення вимог законодавства про охорону пращ». Результата. Виявлеш окремi проблеми, що виникають при формуваннi кримiнально-правовоī практики притягнення до вщповщальноста осiб, обвинувачених у скоeннi кримiнальних правопорушень, пов'язаних и порушенням законодавства про працю, що призвело до спричинення шкоди здоров'ю працiвника або його загибелi, у тому чи

Plights of Migrant Workers in Lockdown amid COVID-19

Migrant workers are highly marginalised and vulnerable group who are subjected to undergo various kind of exploitation. Catastrophe caused by COVID 19 has utterly affected migrant workers who work in unorganised sectors in India. Unplanned, mismanagement and monumental mistake of policy makers have been forced migrant worker to suffer in silence. Migrant workers stranded on street and struggled to survive. Daily wagers are among worst hit. They do not have source of survival. Landlords have thrown them out of the rented house when they are unable pay rent. Lockdown has pushed them to destitution and devastation. Huger hunts them. They started walking with humble belonging on their heads in scratching heat, swollen and injured foot to reach destination. Many migrant workers have died during lockdown due to starvation, accidents, suicide, police brutality and lack of medical care. Even today one can see the helpless, hapless and sapless conditions of migrant worker. Lockdown has exposed how unequal the society is and how much vulnerable migrant workers are. This article talks about how people and policies have become insensitive towards migrant workers, how lockdown has caused massive miseries to migrant workers and role played by Government, Judiciary and NGOs in India to address the issues of migrant workers.

Between civilizational crises: Rise and fall of the capitalist functions of labor law and the new tactical-environmental tasks of the legal protection of workers

The article discusses the Labor Law based on the idea of a civilizational crisis. Taking as reference two distinct historical moments in which the civilization of capital was profoundly shaken - the Russian Revolution of 1917 and the neoliberal financial crisis begun in 2008, exacerbed by the COVID-19 pandemic -, it proposes to draw a line that goes from the theoretical genesis of Labor Law as a structural and political necessity of the capitalist mode of production until its sinking, which follows the desperate and contradictory pursuits of the capitalists by new arrangements of accumulation. The text, which has a theoretical nature, takes historical materialism as support and conducts – through a bibliographic review of historical, sociological and philosophical writings – the explanation of the capitalist functionality of Labor Law, focusing on the dependent and peripheral context of Latin American capitalism and proposing hypotheses for a politicotactical recomposition of the legal protection of workers from new marks, appropriate to the tasks that emerge from the contemporary civilizational crisis, marked by the emergence of an ecological dimension. © 2022

The implementation of labor strike rights: Between freedom and order in Indonesia

This research aims to investigate and know about the implementation of labor strike rights, between freedom and order in Indonesia. The methodology of this research is normative legal research using a qualitative descriptive approach, and data collection techniques using library research techniques. The results of the study indicate that a labor strike occurs when unjust labor practices occur in which workers/workers hold their jobs to protest against employers who are considered to have violated the applicable labor laws. Workers who strike because of unfair labor practices cannot be legally dismissed or replaced permanently and this is guaranteed by law in Indonesia. However, some efforts are needed to navigate the potential for a labor strike that can be carried out by improving the quality of working life in the company. Through the implementation of the quality of work life, it is hoped that workers will feel involved in the workplace. If there is a problem at work, the workers/workers want to be heard by the company's leadership, and they want to know that there is a fair settlement process as regulated by the prevailing regulations and laws so that this is the best solution to prevent and deal with labors to strike rights.

CAN LABOUR POLICY REFORMS BE A PANACEA FOR INDIA'S UNEMPLOYMENT PROBLEM?

Unemployment situation in India has become a matter of serious concern over the last many years. However, it is not the Covid-induced impact on unemployment that is being talked about here. The deterioration of India's employment scenario began around 2011-12 long before the onset of Covid and by 2017-18 it turned grave. There are some deep-rooted policy issues which are responsible for the deterioration of India's employment scenario and some fundamental policy changes are required for tackling them. This article takes a look at these issues and tries to assess whether the recent changes in the labour policy can become the panacea by taking care of these issues.

Essentially Dispossessed

As the COVID-19 pandemic ravaged human bodies and economies across the world, millions of app-deployed drivers in the United States—primarily immigrants and subordinated racial minorities—faced a dangerous and perplexing paradox created by law. Simultaneously treated as independent contractors, excluded from economic security, and anointed as “essential workers,” these workers were both celebrated and disproportionately exposed to poverty, disease, and death. This essay makes sense of the legal and lived condition of being essentially dispossessed during this moment. The author argues that this cruel contradiction became possible through a mystification generated by the fragmented nature of work law. Together with obscuring narratives of techno-modernism, seven years of arbitrary legal outcomes made the central legal question (are they employees or independent contractors?) appear unresolvable. Activist-drivers confronted their relegation to being essentially dispossessed by using their situated knowledges about their jobs, work law, and bureaucratic processes to demand economic security through direct actions.