• Title/Summary/Keyword: labor law reform

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The Making of a New Social Contract: Labor Law in Indonesia after Reformasi (레포르마시(Reformasi) 이후의 인도네시아 노동법: 새로운 사회계약의 형성)

  • Suryomenggolo, Jafar
    • The Southeast Asian review
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    • v.28 no.2
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    • pp.85-117
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    • 2018
  • This paper discusses the development of labor law in Indonesia after the 1998 reformasi. The end of the authoritarian regime and the subsequent introduction of democratic institutions in the country have opened up new spaces to restructure labor relations. The government promulgated a set of new labor laws that has brought tremendous changes to the employment system and the system of labor disputes settlement. In the face of the challenges these changes have created, labor unions are using alternative means to defend their members' interests. This paper shows how labor law reform has set a new social contract between the government, employer associations, and the labor movement.

A Computable General Equilibrium-Top Down Behavioral Microsimulation on Assessing the Philippine Tax Reform

  • DIZON, Ricardo Laurio
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.1
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    • pp.543-550
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    • 2021
  • The purpose of the study is to investigate the simulated effects of the Philippine tax reform, which is called Tax Reform for Acceleration and Inclusion Law, on household income and occupational choice. The study utilized the Family Income Expenditure Survey and tax collection as input to Computable General Equilibrium-Top Down Behavioral Microsimulation approach to determine the effect of Philippine tax reform on household income and occupational choice. The results of the study show that the household income in the Philippines will increase due to the implementation of the Philippine tax reform. Also, the study had found that tax reform results drive the household to shift from being farming entrepreneur to salaried workers since the utility derived from being workers is much higher compared to the utility derived from being entrepreneur. The findings of this research suggest that the Philippine Tax Reform for Acceleration and Inclusion Law is beneficial to the household since their income would increase, which will further result to an increase in their capability to buy goods and services. However, the tax reform would also lead to imbalance between the distribution of numbers of workers across sectors such as entrepreneurial farming, entrepreneurial non-farming, and wage sector.

A Study on the Current Situation and Resolution System of Labor Dispute in China (중국의 노동쟁의 현황 및 처리제도에 관한 연구)

  • Ha, Hyun-Soo
    • Journal of Arbitration Studies
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    • v.20 no.3
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    • pp.93-120
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    • 2010
  • In 1978, Chinese reform and opening caused a big changes in Chinese labor relationship. Through reforming and opening, China gave up part of state ownership system and group ownership system, permitted private ownership system, and also opened the way for capitalists to ride again. Since China was established, the labor relationship ceased for 30 years has been appeared. However because the top priority aim of China's reform was economic growth, the protection of the rights and interests of labor was pushed back on the policy priority list. China takes foreign capitals based on cheap labor force quickly and China come up the worldwide plants. Since reformed, China keeps an economic growth rate of 9.7% annually for 30years. This economic growth is based on labor's sacrifice. However, Chinese fast economic growth causes side effects such as increasement of the gap between the wealthy and the poor, increasement of unbalanced development between regions, and the increasement of conflict between labor and management. Especially, according to changes in labors' level of consciousness, the labors recognized that their rights and interests are exploited by employers. Therefore, the labor dispute is continuously increasing. Chinese government changes their policy from the policy focusing on enterprise development to the policy protecting labor's rights and interests. In order to protect labor's rights and interests, China conducts labor contract law and labor dispute conciliation arbitration law in 2008. This kind of changes in Chinese labor environment affect a lot to Korean companies which already entered into China or are willing to enter. According to studying on present situation and resolution system in Chinese labor dispute, this paper suggests the proper countermeasure related to labor dispute of Korean companies which entered in China. First, the success rate of labor dispute conciliation by enterprise labor dispute conciliation committee is around 20% during recent several years and the success rate by year is in decline. Therefore, when labor dispute is occurred, our companies which entered into China better use other labor dispute methods such as negotiation and arbitration than conciliation in order to settle a conflict. Second, from the Korean enterprises entered in China point of view, there exists a problem not to sue except special cases which provided in the law even though they are dissatisfied with arbitrate judgment. Thus, when labor dispute occurred, Korean enterprises try to do best to settle the dispute through negotiation. However, in case of that the dispute cannot be settled by negotiation, they have to attend in the arbitration as if it is a last chance. Third, Korean enterprises keep in mind that dispute handling procedures between labor union and users or between labor group and users are different, and then deal with separately. Thus, dispute between labor and users have to follow arbitrate procedures as a necessary procedure, but in case of dispute related to group contract, namely dispute against labor union, labor dispute can be settled by arbitrate or suit, so after figuring out the situation exactly, it is necessary to select more advantageous way in order to settle the dispute. Moreover, in case of the dispute between labor union, they have to keep in mind that conciliation procedures cannot be used.

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The Actual Use of Non-regular Workers and the Strategies of Social Partners in Sweden: with a Special Reference to Temporary Workers (스웨덴 비정규직의 사용 실태와 행위주체들의 전략: 임시직 사용 방식을 중심으로)

  • Cho, Don-Moon
    • Korean Journal of Labor Studies
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    • v.23 no.1
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    • pp.47-83
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    • 2017
  • The Swedish labor market secures flexibility in the use of labor force by means of non-regular workers such as temporary workers among others instead of regular workers' layoffs. Although the labor law reform in the late 2000s made it easier to use temporary workers and the outbreak of the economic crisis strengthened the power of user firms against labor unions, the size of temporary workers was scaled down. It is the aim of this study to analyze the change in the use of temporary workers, to examine the effect of the labor law reform and that of economic crisis in that regard, and to explain how, over the use of temporary workers, user firms' strategy to secure flexibility and labor unions' strategy to regulate flexibility interact with each other so as to establish a new equilibrium through conflicts and compromises. The labor law reform to enhance the flexibility in the use of temporary workers failed to entail amendments of collective contracts. Besides, out of the economic crisis, user firms adopted a new policy to use third party workers more, refraining from employing temporary workers. That's why the number of temporary workers has declined eventually. User firms prefer to use third party workers because they could avoid their own responsibility as an employer and they could rely on 'permanent temporary' workers without any time limit. Labor unions, however, responded with a strategy to lay more strict regulations on the use of third party workers, so that third party workers could be used only for limited cause for external numerical flexibility. As a result, the managed flexibility thesis comes to prevail to the usage of non-regular workers in general beyond the category of agency workers. Korea with severe abuse of third party workers should learn from Swedish labor unions' strategy to provide third party workers with stronger employment security and higher wages so as to prevent user firms from abusing third party workers.

Land Market of Ukraine: Problems of Legislative Regulation

  • Zemko, Alla;Bukanov, Hryhorii;Zadorozhnia, Halyna;Vinyukova, Olha;Yefimenko, Kristina
    • International Journal of Computer Science & Network Security
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    • v.21 no.12spc
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    • pp.459-462
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    • 2021
  • The article examines the main problems of land market formation in Ukraine. The article is devoted to the study of problems and prospects of land market introduction after the abolition of the ban on alienation. The advantages and disadvantages of lifting the moratorium on the purchase and sale of agricultural land are highlighted. The experience of such European countries as France, Germany, Latvia, Romania and Poland in regulating the market of agricultural lands is analyzed. The historical stages of market formation, features of state policy in this area are considered. The authors found that in these countries the market for agricultural land is well developed and works effectively, which has positive consequences for the economy of these countries. After analyzing the experience, we identified common elements of an effective mechanism for regulating the land market in European countries, which can be implemented in Ukraine. It is emphasized that after the opening of the land market it is necessary to prevent the concentration of a large number of agricultural lands in the hands of one person or close persons and it is necessary to create an effective supervisory body, whose main functions will be supervising sales prevention of speculation in the land market. Emphasis is placed on the need to improve legislation in the field of land, organizational and informational conditions for land reform. The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Circulation of Agricultural Land" was analyzed, the adoption of which put an end to the systematic extension of the moratorium on the sale of agricultural land. The positive aspects of such reservations are noted, such as the gradual introduction of the land market, quantitative restrictions, the lower limit of the value equivalent, which can not be less than the normative monetary value. At the same time, the problem is that the lack of an imperative norm on termination of the lease agreement in case of refusal of the lessee to purchase such land at a price not lower than expert assessment, will negatively affect its price formation and actually make the landlord hostage.

Policy Development on Health Administration System in the Era of Local Autonomous Government (지방자치제에 따른 보건의료사업을 위한 보건소 모델개발연구)

  • 남철현
    • Korean Journal of Health Education and Promotion
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    • v.16 no.1
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    • pp.101-126
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    • 1999
  • As the WTO system launches through the agreement of Uruguay Round, the Government has to revise the office regulations or reform the system. Also, Integrating and Coordinating the like affair in health care (i. e., children's home, industry health, school health, health manpower, the administration of health center, the administration on food hygiene, health environmental education, and so on.) which is now scattered into some government departments like the Ministry of Labor, the Ministry of Education, the Ministry of Home Affairs, the Ministry of Agriculture, and the Ministry of Environment, the Government has to prevent unspecialty, inefficiency, inconsistency, and uneconomy. The Government has to review and adopt above suggested the Proposal 1),2),3),4) of the Health Centers on the basis of the local autonomy law and it will help the successive settlement of the local autonomy system in Korea. According to the suggested proposal, the Central Government mainly takes charge of the Macro affairs as hardware, and transfer the Micro affairs as software into the Local Governments to attempt the appropriate functional allocation. To achieve it successfully, the Central Government also has to do the financial support, manpower training and technical support, allocation of health care resources, direction and control, research and development and the health care plan on the macro level. Local Governments which divided into the wide local government and basic local government also have to do their best for health improvement of the community societies like plan of health care program, implementation of health care service program, taking charge of the affairs of health insurance, activation of community residents' participation and security of health care resources etc. To achieve this goal, the Government have to be more active and reformative, the related social and health agencies and educational agencies have to cooperate and support for the goals, and especially, the community residents have to participate actively and voluntarily, When all these conditions promote, local health care administration will be developed, and health level of community residents will be secured. And going one step forward, the country and people will be more healthy

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