Labour Law / Employment
This section includes literature on:- labour migration / migrant labour
- workplace surveillance
- vaccine mandates in employment
- discrimination and inequality in employment
Extract from Introduction: This Article examines the pre-COVID-19 legal paradigm for mandatory vaccine policies adopted by private employers and identifies the obstacles, ambiguities, and unresolved questions presented by the existing paradigm—all of which will likely be exasperated if mandatory vaccine policies are implemented on a wider scale. In light of these challenges, this Article evaluates the potential for state legislatures to regulate employer mandated vaccine policies by modeling legislation off existing school vaccine laws in fifteen states.
Abdulraheem, Nimah Modupe and Fatimah Funsho Abdulrasaq, ‘Impact of COVID-19 Lockdown on Informal Sector Women’s Right in Nigeria’ (2023) 10(2: Special Edition on COVID-19) KNUST Law Journal 172–189 Abstract: The strategy of total lockdown adopted as a consequential social policy to flatten the curve of covID-19 spread is associated with certain degrees of impact on various participants in the economic sector of the Nigerian economy. However, women participants in the sector appear the worst-hit due to their role in some areas as breadwinners of their families (nuclear and extended), or disruption to their economic activities as petty traders or suppliers of food products. The impact on women in the informal sector is due to a number of factors such as pettiness of their stock, lack of substantial trading capital and savings, trading for subsistence based on daily earnings, distance between dwelling places and market locations as well as the effect of stoppage of vehicular movement on the need for stock refill. These conditions render the lockdown a wanton violation of the rights of the affected women to welfare, and right to suitable and adequate food. Thus, while the goal of the lockdown arrangements is well acknowledged, it is the argument of this paper that same could be achieved without derogating from the Constitutional-vested rights of this vulnerable group. With the aid of news media, the paper employs doctrinal method and occasional resort to qualitative evidence through interviews to investigate the extent of suffering by women traders on account of the covID-19 lockdown in Nigeria and its effects on their economic rights as entrenched under the Constitution of the Federal Republic of Nigeria. In addition, it explores policy or legislative frameworks that could be explored to ameliorate the challenge and makes relevant recommendation.
Acharya, Suman and Jyoti Koirala, ‘Labour Relations In Nepal Amid the Wake of COVID-19 Outbreak’ (SSRN Scholarly Paper ID 3609161, 24 May 2020) Abstract: It has been now no wonder that labours are the propeller of the physical development of the earth in the form of blue collar and white collar labour. It includes all formal, semi-formal and informal sectors. Accordingly, labour law manages and regulates the status of labour in relation with employer, employee and the society. It establishes industrial relation i.e. rights and obligations of workers and employers, working hours, wages, leaves, labour security etc. ILO sets the standard and benchmark through series of conventions, protocols and recommendations on labour matter applicable for the member country across the globe. Along with the impact of COVID -19, many labours across the globe can be dislocated and forced for layoff. In fact, layoff is not the ultimate answer if we want to revitalize the world economy. The outbreak of pandemic has forced to stop labour movement. It has quite a lot contracted world’s economic activities. Even partial and nonpayment of remuneration to labour may further shrink effective demand in market which can be adverse to the whole economic transactions.
Adegbite, Aderonke and Olubunmi Adeleke, ‘International Labour Organization and Employment Stability during the COVID-19 Pandemic: The Nigerian Situational Analysis’ (SSRN Scholarly Paper No 4347618, 4 February 2023) Abstract: Retention of employment is an antidote for the containment of social fallout in an economy. Every employee would strive to retain their jobs at all costs and would be ready to put in extra efforts if there is the certainty of schemes in place to ensure job security. The emergence of Covid -19 Pandemic in the world in the year 2019 has brought about an unprecedented change in the global economy which expectedly affects employees who are the main contributors to the economy. The impact of Covid -19 and more, has gingered the International Labour Organization (ILO) to come up with some frameworks, policies and conventions which has the main aim of ensuring job security even in the face of Covid -19 and any other Pandemic in the foreseeable future. This work aims at examining the legal frameworks of ILO as regards the mitigation of the impact of Covid -19 on employees and to analyse provisions of ILO laws with regards to the protection of employee status with an expose to the level of ratification of ILO provisions in Nigeria.
Agius, Raymond M et al, ‘Protection from Covid-19 at Work: Health and Safety Law Is Fit for Purpose’ (2021) 375 BMJ n3087 Abstract: Most of the serious shortcomings in protection of workers and others from contracting covid at work arise from the authorities and many employers ignoring legislation and precautionary principles as well as inadequate enforcement, rather than from the existing law being unfit for purpose.
Agmon-Gonnen, Michal, ‘Women and COVID-19: A Gender Perspective on the Socio-Economic Crisis and the Opportunities for Change’ (LSE Legal Studies Working Paper No 18, 31 March 2023) Abstract: The COVID-19 pandemic is a global health crisis with broad socioeconomic implications. Crises usually exacerbate entrenched inequality between men and women. The pandemic is not an exception to the rule. To frame it metaphorically, when the pandemic forced everyone to put on the N-95 masks, it tore off the ‘mask of equality’ western societies had been wearing. With the coming off of the mask, came off the image the societies had portrayed of themselves, as societies whose citizens enjoyed gender equality in general, and economic gender equality more specifically. The pandemic exposed a reality of gender-based poverty that has grown worse as the crisis wore on: of women staying at home and trying to balance running the household, looking after their children, as well as their professional work; and of women, including pregnant women, being the first to be laid off and the last to return to work. The increased socio-economic harm to women during the COVID-19 pandemic cannot be ignored, and this reckoning comes with a growing understanding that what has been happening under the guise of the pandemic runs much deeper. The focus is on two key factors that contribute to gender-based poverty: Inequality in the labour market, including the gender pay gap, and invisible work, primarily in the home and with the family. This paper proposes to lay down a path towards solutions for those problems, primarily through a demand for adequate representation of women in decision-making processes and a requirement to receive gender-specific data and gender analysis of the socio-economic solutions for the crisis. The paper presents on Israel as a test case, but both the figures and the solutions apply, with the necessary adaptations, to many countries facing the crisis aftermath.
Ahmed, Shakoor and Larelle Chapple, ‘Corporate Response to Modern Slavery Risks Induced by COVID-19: Business as Usual?’ (2022) 37(3) Australian Journal of Corporate Law 203–229 Abstract: The inaugural round of Australia’s modern slavery reporting in December 2020 coincided with the COVID-19 global pandemic. COVID-19 has disrupted the usual reporting obligations by companies required to address the risk of modern slavery in their supply chains. This article focuses on Australian companies’ compliance with their disclosure obligation by specifically testing whether and how companies responded during the first year of the COVID-19 pandemic with the key aim to recommend improvement to future reporting. Using content analysis to examine the first modern slavery statements submitted by Australian companies, the research finds more than half of the modern slavery statements did not disclose COVID-19 issues related to modern slavery risk. The findings inform the public demand for improved accountability and transparency to ensure the human rights of vulnerable workers. This article provides an overview of modern slavery risk challenges due to COVID-19 and how companies can improve their resilience and reduce modern slavery risks related in modern slavery reporting.
Ahmed, Sufian, ‘Transformative Constitutionalism: Rise of Coercive Federalism Amidst COVID-19 Migrant Crisis’ (SSRN Scholarly Paper No 4235627, 2 October 2022) Abstract: The Indian constitution which was drafted by the Constituent Assembly of independent India has served as the grunt norm since the past seven decades. In spite of being the most elaborative and lengthiest constitution among the existing nations, the Indian constitution has been amended more than a hundred times. With amendments in place, the constitution has very slowly, yet substantially shown a progressive attitude by moulding itself to the changing ideas of Liberty, Equality and Fraternity into what today we term as ‘Transformative Constitutionalism’. In light of the recent crisis that resulted in a countrywide lockdown, the constitutional provisions have been rendered ineffective in combatting the dearth of welfare suffered by migrant workers and it triggered a debate that the Cooperative federalism of India is moving towards the Coercive federalism. The above allegations are the contemporary reality of the Indian constitution and raises two major question which forms the core of this research that is whether the transformative constitutionalism an indefinite phenomenon? Whether the COVID-19 migrant crisis ensued the increasing tendencies of coercive federalism? The present research delves into the philosophy of transformative constitutionalism, brunt of COVID-19 migrant crisis, federal structure of Indian constitution while drawing parallel to the increasing tendencies of coercive federalism. Part I of the project deals with introduction to the topic and the research question, Part II deals with the concept of transformative constitutionalism at length, Part III deals with the comparison of India’s federal structure during its initial days vs now, Part IV deals with legal framework under the constitution dedicated solely for the migrant workers, Part V of the project delves into the analysis of Code of Social Security 2020 from migrant workers perspective, Part VI and Part VII deals with the scope of coercive federalism amidst migrant crisis and conclusions and suggestions respectively.
Al Qadi, Walid, ‘The Impact of Corona Pandemic on Legal Protection of Jordanian Employee’s Right to Salary and Its Extensions’ (2021) 14(1) Journal of Politics and Law 114–127 Abstract: The topic of the study is of special importance, as it relates to the source of public employee income and contemplates unusual events imposed by the Corona pandemic; Led to multiple preventive measures being taken to counter them; including the validity of the emergency defense law, which has multiple effects at all levels. To address negative economic conditions, administrative decisions were issued by the Cabinet against employees, which led to a reduction in their salaries and benefits. Hence, the study problem arose. Because it was not issued by the authority specified by the Defense Law which gives this authority to the Prime Minster, and accordingly many decisions exceeded its established legal rules and specific constitutional texts. The study aims to shit light on many aspects pertaining to the legal protection of Jordanian employee’s right to salary and the basis on which the administration can modify it? We reached a set of results, most notably: The validity of the Defense Law specifically gives the Prime Minister, and not the Cabinet, the power to take exceptional measures to face the exceptional circumstance, by invoking exceptional legal rules stipulated by this law and not on the ground of the Civil Service Regulation. The most important recommendation was to cancel the new amendment of Article (193) of the Civil Service Regulation in line with the rule of legislative progression, as it contradicts the defense law and constitutes a violation of the constitutional provisions.
Albiston, Catherine and Catherine Fisk, ‘Precarious Work and Precarious Welfare: How the Pandemic Reveals Fundamental Flaws of the U.S. Social Safety Net’ (2020) 42(2) Berkeley Journal of Employment and Labor Law (forthcoming) Abstract: Almost all forms of social insurance in the United States are tied to employment, or to family ties to an employee. The employment link to social insurance has proved to be a catastrophe during the COVID-19 pandemic and the resulting economic downturn. Yet, however untenable it is in the modern economy and however much it exacerbates inequality, the employment link to social insurance is an institutional design choice that stems from a series of political compromises that were made when the Social Security Act was created in 1934-35, and from the ways that firms and state governments have responded to its requirements in the years since. The systemic weaknesses exist because the interests and voices of workers were largely absent from the program design and legislative debates.The social insurance system built without the voices of workers has huge gaps even in good economic times. Only about half of unemployed workers receive unemployment insurance benefits (‘UI’) when they lose their jobs, and only 12 percent of part-time workers received UI. In 2018, 8.5 percent of people lacked health insurance, often because they lived in states that did not expand Medicaid and earned slightly too much to qualify for subsidized insurance, or were immigrants. In July 2020, the percentage of uninsured adults nearly doubled, to 16 percent, on account of job losses and states’ failures to expand eligibility for Medicaid.In this essay, we explain how the pandemic brought into sharp focus the institutional design flaws in tying the American social welfare system to employment. In contrast to experiences in other industrialized countries both before and during the pandemic, these design flaws have magnified hardship for the least privileged members of American society and amplified inequalities of race, class, immigration status, and gender. The pandemic-induced crisis of inadequate protections prompted Congress to pass legislation to address some of these problems of policy design, but most of these reforms are both temporary and inadequate. Much legislative work remains to be done, and we explore some possibilities that Congress and the White House should consider.
Al-Fatih, Sholahuddin, Fachry Ahsany and Ahmad Faiz Alamsyah, ‘Legal Protection of Labor Rights During the Coronavirus Disease 2019 (COVID-19) Pandemic’ (2020) 7(2) Jurnal Pembaharuan Hukum 100–115 Abstract: Since the Coronavirus Disease 2019 (Covid-19) pandemic in Indonesia, which continues to grow and has an impact, not a few companies have gone bankrupt. Whether it’s a small company, a medium-sized company or even a large corporation are affected by the Coronavirus Disease 2019 (Covid-19). This paper aims to find legal issues on labor right during Covid-19 pandemic in Indonesia. Using the normative legal research, this paper analyzess some of regulation and legal government act to protect labor right who terminated (Pemutusan Hubungan Kerja/PHK) during Covid-19 pandemic. In the end, this paper finds that the government issued two program to solve PHK and protect labor rights, namely Pre-Works Card and Cash Incentive Program (Bantuan Langsung Tunai/BLT). It actively helps employee to create a new job and continue their daily life.
Allen, Dominique and Adriana Orifici, ‘What Did the Covid-19 Pandemic Reveal About Workplace Flexibility for People with Family and Caring Responsibilities?’ [2022] (1) UNSW Law Journal Forum 1–16 Abstract: As part of the Australian government’s response to deal with the ongoing COVID-19 pandemic in 2020–1, a large proportion of Australian workers worked from home. Many workers were also required to care for and homeschool young children when schools and childcare facilities were closed as part of the public health response to the pandemic. More than a year on, it is crucial to examine what workers with family responsibilities needed at this time and how employers have responded. This is particularly important because workers with family responsibilities will continue to request flexible working arrangements long after the COVID-19 pandemic has receded. This article reports on the results of an online survey conducted with Australian workers about their experience of balancing their work and family responsibilities during the pandemic, including the arrangements the worker sought and their employer’s response. It outlines implications relevant to how flexible working arrangements might operate in future.
Allen, Ryan, Pacas, José D. and Martens, Zoe, ‘Immigrant Legal Status among Essential Frontline Workers in the U.S. during the COVID-19 Pandemic Era’ (Minnesota Population Center, Working Paper No 2021–03) Abstract: Emerging evidence suggests that the COVID-19 pandemic has extracted a substantial toll on immigrant communities in the U.S., due in part to increased potential risk of exposure for immigrants to COVID-19 in the workplace. In this article we use federal guidance on which industries in the U.S. were designated essential during the COVID-19 pandemic, information about the ability to work remotely, and data from the 2019 American Community Survey to estimate the distribution of essential frontline workers by nativity and immigrant legal status. Our results indicate that a larger proportion of foreign-born workers are essential frontline workers compared to native-born workers and that 70 percent of unauthorized immigrant workers are essential frontline workers, substantially higher than other groups of workers we consider in our analysis. These results suggest that larger proportions of foreign-born workers, and especially unauthorized immigrant workers, face greater risk of potential exposure to COVID-19 in the workplace than native-born workers. Demographic, social, and economic characteristics of unauthorized immigrant essential frontline workers indicate they are more vulnerable to poor health outcomes related to COVID-19 than other groups of essential frontline workers. These findings help to provide a plausible explanation for why COVID-19 mortality rates for immigrants are higher than mortality rates for native-born residents.
Aloisi, Antonio and Valerio De Stefano, ‘Essential Jobs, Remote Work and Digital Surveillance: Addressing the COVID-19 Pandemic Panopticon’ (2021) International Labour Review (forthcoming) Abstract: COVID-19-induced digital surveillance has ballooned in an unprecedented fashion, causing a reconfiguration of power relationships in professional settings. This article critically concentrates on the interplay between technology-enabled intrusive monitoring and the managerial prerogatives augmentation in physical and digital workplaces. It portrays excessive control as the common denominator for ‘essential’ and ‘remotable’ activities, besides discussing the various drawbacks of the two categories of workers during the pandemic. It also assesses the adequacy of the current EU legal framework in addressing the expansion of data-driven management. Social dialogue, empowerment and digital literacy are identified as effective solutions to promote organisational flexibility, well-being and competitiveness.
Alshamsi, Ahmed, Mohd Zakhiri Md Nor and Muhamad Noor Habibi Hj Long, ‘Legal Protection for Workers during the Spread of COVID-19 in the United Arab Emirates (UAE)’ (2023) 3(2) International Journal of Latin Notary [unpaginated] Abstract: Since the beginning of the pandemic COVID-19 that hit the world in December 2019, most countries of the world have passed legislation and measures that vary according to their need and nature. This research paper studies legal legislation passed in the UAE to protect workers from losing their source of livelihood while carrying out precautionary measures in the fight against the coronavirus and its continuous mutation. This paper adopted qualitative research method. The data be analysed by using thematic and content analysis method.This paper concludes that there are adequate legal protection for workers during the Spread of Covid-19 in the United Arab Emirates (UAE).
Aman, SM Amanullahal and Rubyate Jamila Manoby, ‘A Socio-Legal Study on Labour Law and Impact of COVID-19 in Bangladesh’ (2021) 1(1) University of Asia Pacific (UAP) Law Review 117–130 Abstract: The authors analyse the current scenario and the main challenges posed by COVID-19 to effectively implement the existing legal framework for labour rights and relations in Bangladesh. The non-enforcement of national regulations in relation with labour laws were present even before the pandemic stroke hard on the labour sector. Furthermore, the contributors draw attention towards the existing rights given to the labours in the Labour Act, 2006 with the recent amendments. The current circumstances are incompatible for ensuring the labour rights such as, termination, lay off, wages, compensation, group insurance, death due to COVID-19, and health and hygiene as prescribed by the law. In compliance with the current situation, the writers scrutinise the policies and guidelines prescribed by the International Labour Organisation to protect and safeguard the interest of the workers during this pandemic. The labour laws and policies are generally in harmony with the labour rights and relations as set by the core labour fundamentals of International Labour Organisation (ILO) conventions. However, lack of implementation of such policies in the labour market passes a signal of dismay which has become worse after the pandemic. Finally, the authors end with the remarks on the poor implementation of national labour laws, regulations, and policies that cause innumerable losses to the labour sector and the national economy.
Anderson, Bridget, Friedrich Poeschel and Martin Ruhs, ‘Covid-19 and Systemic Resilience: Rethinking the Impacts of Migrant Workers and Labour Migration Policies’ (Robert Schuman Centre for Advanced Studies Research Paper No RSCAS 2020/57, 1 September 2020) Abstract: This paper argues that concerns about the resilience of essential services require a reassessment of the impacts of migrant workers and the design of labour migration and related public policies. The Covid-19 pandemic highlighted the high share of migrants among ‘key workers’ who deliver essential services, notably in agriculture and food production, health services and social care. We review existing insights on the role of migrant workers in essential services, which emphasise employers’ incentives as well as different national policies and institutional settings. We introduce the notion of systemic resilience to this context and outline key determinants of systemic resilience that have been identified in several disciplines but not yet applied in the field of labour migration. Given the importance of essential services, the paper argues that bolstering resilience should be a key objective for policy makers, and systemic resilience should be a criterion in impact assessments of migrant workers and in the design of labour migration and related policies. We find that this requires broader approaches to consider entire systems for the provision of essential goods and services, more attention to the medium and long run, and thinking beyond the protection of domestic workers. As an agenda for new migration research, we discuss three types of comparative analysis needed to examine the various ways in which migrant workers might affect systemic resilience.
Anderson, Gordon, ‘Labour Law Under Stress: Some Thoughts on Covid-19 and the Future of the Labour Law’ 45(2) New Zealand Journal of Employment Relations (advance article, published 30 October 2020) Abstract: Even before the Covid-19 crisis, academics and policy analysts were becoming aware of the cumulative impact that are increasingly placing strains on the existing regulatory design of New Zealand’s labour market. These forces include decades of globlisation, increasing international migration flows, various manifestations of the digital and technological revolution, rapid growth of digital-Taylorism as a form of labour control, and perhaps the most devastating in the longer term, the potential impacts of climate change. It is increasingly recognised that these forces will have a significant long-term impact on labour markets, however, the Covid-19 crisis has shown how rapidly the world can change. This article outlines the (maybe) good, the (sometimes) bad, and then ugly of the Covid-19 pandemic and its economic consequences on New Zealand’s labour relations, labour architecture, and the future of labour law.
Andon, Kune, ‘On Legislation and Practices Related to Flexible Work in Albania’ (2022) 56(3) Revue Européenne du Droit Social 28–34 Abstract: Labor Code, approved by law no. 7961/1995, is the basic legal act that regulates labor relations in the Republic of Albania. It is drafted based on the generally accepted norms of international law and respects all international conventions ratified by the Republic of Albania. The Labor Code is a legal act that continuously reflects the changes due to the globalization process, ILO requirements and recommendations, dynamics in labor relations and labor market needs. Amendments made to the Labor Code by law no. 136/2015 have created the necessary legislative ground for flexible working arrangements. These amendments define the rules for drafting the home employment contract, named Telework. Through them, the Albanian legislation stipulates that working conditions for employees working at home can not be less favorable, compared to other employees who perform the same or comparable work. For these employees, the employer must take measures to facilitate the telework, by making available, installing and maintaining the necessary computer equipment to perform it, except when the employee, who performs the telework, uses personal equipment. The employer is obliged to prevent the isolation of the employees, creating conditions for them to meet with other employees. For the telework contract,the Albanian Labor Code does not require the application of the provisions governing the weekly working and rest time, overtime hours, work on public holidays and night work. This contract does not provide for the treatment of the right to compensation for difficulties at work. The provision in the Labor Code which recognizes the right of the Council of Ministers to provide special rules for employees working at home, has created the legislative support ground for the continuous regulation of labor relations and the flexible labor market in Albania. This provision facilitated coping with the effects of the Covid-19 pandemic. Telework during this period affected the reduction of costs and expenses for businesses. Especially in the services sector, telework is gaining more and more ground in the Albanian labor market. Smart working and hybrid work conditioned initially by the situation created by Covid-19 are now considered as a trend that will prevail employment relations in the banking sector, call centers and services provided by IT companies.
Anggriawan, Rizaldy, ‘Legal Policy for Corporate Compliance on Occupational Health and Safety During Covid-19 Pandemic in Indonesia’ (2020) 5(1) Journal of Industrial Hygiene and Occupational Health 50–64 Abstract: The corporate compliance towards the legal policy notably on safety and health of workers becoming a major issue which should be highlighted by the government and entrepreneurs during Covid-19 outbreak in Indonesia. The paper aims to explore the legal framework on occupational health and safety protocols for corporate which were regulated by the government. It highlights the major regulations and policies stipulated by President, ministries, as well as local government such as Governor of DKI Jakarta. It also discovers the penalties or sanctions that will be imposed on companies which infringe the policy. The paper provides the recommendation for the development of current policy practice, in particular for corporate issues in occupational health and safety. The research method used is normative legal research. It reviewed laws, policies, and regulations which should be complied by the corporations in connection with occupational health and safety for workers during the pandemic. The paper found that the government and its subordinate bodies have generally defined an important legal and regulatory framework for the implementation of occupational safety and health for workers. In addition, several existing laws also may provide sanctions and penalties for companies that are still persistent in violating the laws and policies during the spread of the outbreak.Keyword: legal policy; occupational health and safety; corporate, covid-19
Ansow, Geovano and Ninis Nugraheni, ‘Legal Study of the Implementation of Termination of Employment for the Reason of the Covid-19 Pandemic’ (2022) 15(2) Jurnal Legalitas 185–198 Jurisdiction: Indonesia
Abstract: This research aims first to analyze how the norms and provisions of laws and regulations are applied related to the implementation of termination of employment in Indonesia and find out how legal protection is for workers who experience termination of employment. During the current Covid-19 pandemic. The research method used in this study uses a normative juridical research method with a statutory and conceptual approach. Based on the results of the research, it can be concluded First: the legal basis for employers in carrying out mass termination of employment relations with workers/laborers during the current Covid-19 pandemic for the first time referred to the provisions of Article 164 paragraph (1) of the Manpower Law which became the basis for the existence of emergency due to an unwanted cause then proceed with the implementation of Article 151 of the Manpower Law which regulates the process of terminating workers. Second, namely, the legal protection provided by the State for workers due to termination of employment due to the current Covid-19 pandemic first must provide workers’ rights as in Article 156 of the Labor Law and, in the current period, must pay attention to the provisions in the Minister of Manpower Circular Letter Number M/3/HK.04/III/2020 concerning Worker/Labor Protection and Business Continuity in the Context of Prevention and Mitigation Covid-19 and Article 6 of the Quarantine Law and Health.
Aoyagi, Chie, ‘Effects of COVID-19 on Regional and Gender Equality in Sub-Saharan Africa: Evidence from Nigeria and Ethiopia’ (IMF Working Paper No 2021/169, 1 June 2021) Abstract: The labor structure in sub-Saharan Africa is characterized by a high share of informal employment in the rural agricultural sector. The impact of COVID-19 on female employment may not appear to be large as the share of such employment is particularly high among women. Nevertheless, widespread income reduction was observed both in rural and urban households. This could worsen the opportunities for women as husbands’ control over the household resource is the norm. The paper also finds that rural children struggled to continue learning during school closures. Gender-sensitive policies are needed to narrow the gap during and post-pandemic.
Arup, Christopher, ‘Liberty or Protection? Making Law for Employment and Social Security’ (2022) 31(3) Griffith Law Review 361–396 Abstract: Recent disruptions to the usual working conditions, such as the pandemic, highlight the insecurity of the minimum waged, casually employed working poor; they also point up the precarity of the heavily indebted, over-worked middle-class. Contrasting the cause of social protection with that of market liberty, this study examines the terms of the security debate to see how the cause of protection seeks to counter the cause of liberty. It reviews three recent regulatory events to see what success the cause of protection has had: the industrial relations reform process, the government response to the COVID-19 pandemic, and the agenda setting for women’s economic security. It notes the reforms that Australia’s new Labor government proposes. The study recommends that, if reforms are to be effective, the cause of protection must move beyond the particulars of the labour contract to address the structures of power in the political economy of law making.
Arnow-Richman, Rachel S, ‘Is There An Individual Right to Remote Work? A Private Law Analysis’ (University of Florida Levin College of Law Research Paper No 20–46, 2020) Abstract: One of the gnawing legal questions of the COVID-19 pandemic is the status of remote work. Since the expiration of the first round of government shut-down orders in the summer of 2020, companies have been calling workers back to the job, prompting serious concerns about the risk of workplace transmission. As a consequence, many workers have asked to continue the remote arrangements their employers adopted when forced to close under executive orders. Some employers are acceding to these requests; others are not. This brief essay, prepared for the ABA Journal on Labor & Employment Law, considers this problem from a private law perspective. It concludes that public law offers little protection to individual employees other than those with qualifying disabilities. Companies, however, may be in breach of contract if they terminate employees who have enforceable job security rights for refusing to return to in- person work. Rather than rely on guesswork, the prudent and compassionate choice for employers is to continue temporary remote arrangements to the extent feasible.
Arnow-Richman, Rachel, ‘Temporary Termination: A Layoff Law Blueprint for the COVID Era’ (2021) 64(1) Washington University Journal of Law & Policy 1–29 Abstract: The COVID-19 pandemic led to Congress’ passage of two groundbreaking pieces of legislation, mitigating the financial toll on individuals unable to work due to the pandemic. The protections include: paid sick time, job protected leave for routine childcare, and expanded unemployment benefits. The current worker protection system affords insufficient rights in the event of an economic termination. The accommodations arising from the COVID-19 pandemic have long been demanded and could pave the way for enduring employment reform. This Article encourages the recognition of ‘temporary termination’ for employees terminated for economic reasons. Arnow-Richman advocates for the following ‘temporary termination’ rights: advance notice or its equivalent severance pay; ability of employers to classify such workers as temporarily separated; streamlined employee access to unemployment benefits; entitlement to reinstatement when work becomes available; and a deferred severance pay if the employer is unable to reinstate the employment.
Arthanti, Berliana Dwi and Nabilla Dyah Eka Pramudhita, ‘Law and Human Rights in Addressing Labor Problems during the Pandemic to Achieve Sustainable Development Goals’ (2020) 4(2) Lex Scientia Law Review 39–54 Abstract: The labor sector, as an important element in Indonesia’s economic growth, has also felt the impact of Covid-19. Rampant unemployment, layoffs, not being registered with the BPJS, violation of workers/labor rights during this pandemic have given negative signals for national economic growth. This is because of the increase in the number of unemployed will increase the poverty rate, reducing the national Gross Domestic Product. The Act Number 13 of 2003 concerning Manpower, which is actually the main milestone in the enforcement of human rights and democracy for manpower, has not been implemented optimally. The domino effect of Covid-19, which not only lowers the economy, also affects the government’s achievements in Sustainable Development Goals (SDGs). Therefore, It requires synergy from all fields and real human rights enforcement to ensure the workforce, revive the economy, and achieve the SDGs targets. This normative juridical research uses secondary data through literature study and qualitative analysis. Here, the researcher will understand the importance of human rights enforcement to deal with problems in the labor sector to achieve the government’s targets in the SDGs program.
Artono, Harry, ‘Legal Protection of Patients and Health Workers Rights in the Covid-19 Pandemic’ (Proceedings of the 4th International Conference on Indonesian Legal Studies, ICILS 2021, June 8-9 2021, Semarang, Indonesia, 2022) Abstract: Until now, the Covid-19 pandemic has become a serious threat on a global scale, including in Indonesia and seriously threatens public health, so that all parties are trying to eradicate Covid-19. The right to health services for patients is one of the constitutional rights mandated in Article 28H of the 1945 Constitution of the Republic of Indonesia, and parties who have the capacity and ability to carry out health services are health workers. However, until now, legal protection for the rights of patients and health workers has not been maximally implemented, especially in the aspect of fulfilling medical facilities, infrastructure and equipment that not yet to be distributed fairly and equitably, so that legal protection of health and safety must be guaranteed. This journal research method is juridical-normative legal research with secondary data which includes primary legal materials: UUD NRI 1945; UU Number 36 of 2009 concerning Health; and Presidential Decree Number 12 of 2020; secondary legal materials: books, journals, and scientific research on health law; Tertiary legal materials: Big Indonesian Dictionary (KBBI) and Black’s Law Dictionary.
Asih, Yuni, Anjar Sri Cipto N and Emmy Latifah, ‘Legal Protection of the Rights of Workers Who Have Discontinued Termination of Employment Due to the Impact of the Covid-19 Pandemic’ (2023) 10(3) International Journal of Multicultural and Multireligious Understanding 70–75 Abstract: This study aims to examine the legal protection of the rights of workers who have experienced Termination of Employment (PHK) by employers as a result of the Covid-19 pandemic and solutions to the problem of Termination of Employment (PHK) during the Covid-19 pandemic in order to create legal protection of the rights optimum workers. The research method is normative legal research using a statutory approach. The legal materials in this study are primary legal materials and secondary legal materials. The technique of collecting legal materials in this research is the technique of literature study or document study. The law material analysis technique used in this research is the syllogism method which uses a deductive mindset. The results of the research show that the regulations issued by the government regarding termination of employment for workers are regulated in Law Number 13 of 2003 concerning Manpower, then some of the provisions were amended in Law Number 11 of 2020 concerning Job Creation and supplemented in Government Regulation of the Republic of Indonesia Number 35 of 2021 concerning Work Agreements for Specific Periods, Outsourcing, Working Time and Rest Time, and Termination of Employment. As well as protection for workers who have experienced layoffs during a pandemic has not fully provided protection for workers who have been laid off, because there are indeed no specific rules made by the government to protect workers during a pandemic. As well as there are entrepreneurs who made layoffs during the Covid-19 pandemic which did not comply with applicable regulations. A solution to the problem of termination of employment is needed during the Covid-19 pandemic in order to optimally create legal protection for workers’ rights.
Atsiyeva, Ellada and Svetlana Zharkenova, ‘Kazakhstan’s Experience and Law of Employment Agency Work during the Coronavirus Crisis’ (2021) 25(1) Journal of Legal, Ethical and Regulatory Issues 1–12 Abstract: The aim of this study is to know experience and attitudes of both employers and employees to online employability during the coronavirus crisis and related problems to legislative regulations of such format of working. The study conducted a survey among 115 Kazakhstani employees and employers and the results show that employees have more negative experience and attitudes of online employability. Such situation is mainly due to the presence of organizational problems of online employability, as well as a number of negative psychological factors (most of which were the result of the forced isolation regime). As for employers, the main problems associated with the business processes that allow maintaining the quality of communications and labor efficiency, ensuring the information security and issues of legal regulation of this type of employability. However, the introduction of an online format of work allowed many organizations to survive in the market, both due to the ability not to completely stop their work during the quarantine period, and by reducing a certain share of costs. In addition to interview, this study grouped of respondents (both employers and employees) into four categories including the generations of Y or Millenniums (born between 1985 and 2002), X (born between 1964 and 1984), BB or Baby Boomers (born between 1944 and 1963), and the Silent generation (older than 1943). The result of such groping revealed that both employers and employees of generations of Y and X had the sufficiency of their digital skills and ability to work online, while the generations BB and Silent experienced some difficulties in working online. In terms of legislative regulations, as practice has shown, at present, the Labor Code does not sufficiently reflect the real issues of regulation of online labor relations. In particular, the concepts of online employability, as well as the possible forms of its organization and conflicts of interests require clarification.
Atstaja, Dzintra et al, ‘Impact of COVID-19 on a Sustainable Work Environment in the Context of Decent Work’ in New Legal Reality: Challenges and Perspectives. II (University of Latvia Press, 2022) 12–20 Abstract: The aim of the study is to analyse decent work as a value stemming from human dignity. The key factors include a safe and healthy work environment and working conditions, social protection, compliance with employment law, stability of a workplace, opportunities for development, training and self-fulfilment, mutual respect, contacts with colleagues, etc. The impact of the pandemic has changed employees’ views on ‘perfect job’. Remote work is only one of the new forms of employment created by digitalization, which will increasingly enter and strengthen the labour market. However, not all employers are equally prepared for change. The study will illustrate how the concept of decent work has changed in the context of the pandemic, so that the legislator and employers can reorganize themselves, creating appropriate work environment for employees and promoting the economic sustainability of the country.
Augenstein, Daniel, Stefania Baroncelli and Orsolya Farkas, ‘Between Private Governance and Public Regulation: COVID-19 and Workers’ Rights in Global Garment Supply Chains’ (2022) 24(1–2) International Community Law Review 79–99 [pre-published version of article available on SSRN] Abstract: The article traces the adverse human rights impacts of business responses to COVID-19 in the garment sector to long-standing systemic problems in global supply chain management. It scrutinizes attempts by States and business enterprises in Europe to address these adverse impacts in the light of the ongoing implementation of the UN Guiding Principles on Business and Human Rights. The article discerns a shift in the European legal and policy framework from early attempts to promote corporate social responsibility to more recent modalities of home state regulation of corporations. In response to concerns that the EU’s regulatory turn in business and human rights may exhaust itself in perpetuating economic imperialism and market hegemony, the article highlights the importance of ensuring access to judicial remedies for foreign victims of business-related human rights violations; and of grounding unilateral home state regulation in a multilateral international legal framework.
Austin, Algernon, ‘Protecting Black Workers During the Covid-19 Recession’ (SSRN Scholarly Paper No 4722014, 9 February 2024) Abstract: America’s longest economic expansion on record came to an abrupt and dramatic end with the arrival of a novel coronavirus in the United States. The first confirmed U.S. case of the new coronavirus disease—COVID-19— occurred in late January 2020. By March, major portions of the American economy had been shut down to prevent the spread of the disease.This Thurgood Marshall Institute brief provides an overview of the impact of the recession on African Americans in the labor market and the policies these workers need to address the recession’s negative effects. It includes original analyses of Black essential workers and of Black and White unemployment rates. Black workers are more concentrated in particular industries and occupations due to continuing patterns of inequality in the American labor market. The policy recommendations in the brief are focused on these areas where Black workers are overrepresented.
‘Automation, the March of the “Digital Giants” and the Future of Work Examined in Covid-19 Rapid Review’ [2020] (August) Computers and Law 10–11 Abstract: Examines a rapid review by the Future of Work Commission and the Institute for the Future of Work on how working conditions might change after COVID-19, which: makes recommendations including on good work strategy, providing security to protect people’s futures, and creating, protecting and measuring good work; and details five trends shaping the future of work including the accelerated adoption of technology and automation and the increased power of tech giants.
Avogaro, Matteo, ‘EU Digital Covid Certificate: From a “Gentle Push” for Vaccination to a Condition to Work? Implications and Legacy in the Field of Employment Relationship’ (2022) 15(2) Italian Labour Law e-Journal 1–16 Abstract: The contribution examines the main implications, for employment relationships, of French and Italian national versions of the EU Digital Covid Certificate, utilized as wide-range measures to foster vaccination. First, the Author provides an overview of related strategies adopted in the two countries from mid-2021, and limiting access to workplaces. Furthermore, through a comparative legal analysis aimed to discuss if, in the labour context, French and Italian certificates can be framed as statutory prerequisites to carry out a job, as workplace safety measures, or as a hybrid tertium genus, he attempts to let emerge similarities and differences between the two national strategies. Finally, the last part of the contribution focuses on Italy. It examines more in detail the possible legacy of such exceptional measures to contrast the pandemic, emphasizing the risk of a heterogenesis of purposes.
Aziz, Muhammad et al, ‘Providing Incentive Guarantees and Privileges for Health Services in the Implementation of Legal Protection for Health Workers During the Covid-19 Pandemic’ (2022) 14(1) Journal de Jure 111–124 Abstract: The research aims to explain the implementation of legal protection for health workers in Indonesia during the COVID-19 pandemic. Health workers are people who are engaged in the health sector to provide assistance to people who need healing of physical conditions. Indonesia is being hit by the Covid-19 outbreak which has killed many health workers in their work. At the same time, health workers are intimidated by people who are worried about the spread of the virus to their homes, so that health workers become victims of bullying by the community. The research method used is normative juridical with analytical prescriptive research specifications and is carried out with an analytical approach, a law approach, a literature approach, a concept approach, equipped with primary, secondary, and tertiary legal materials as data fulfillment in this study. This research concludes that the implementation of the protection of health workers in Indonesia is carried out through a policy of providing high incentive guarantees, privileges in health services, and special family insurance for health workers. Such a model for implementing the protection of health workers needs to be given, in order to guarantee legal protection and human rights in their duties to provide assistance to humanity and the safety of the nation in the context of treating and preventing the Covid-19 virus outbreak.
Azrae, Ahmad Nasyran et al, ‘Discrimination Against Migrant Workers During The Pandemic: Reassessing The Country’s Obligation Under International Law’ (2022) 7(4s) BiLD Law Journal 229–243 Abstract: Migrant workers have contributed significantly to the development of the Malaysian economic ever since their first arrival in the 1980s. Over the years, the migrant workers have faced constant discrimination and exploitation, and this unfortunate event has further escalated following the the widespread of the pandemic COVID-19. The imposition of the Movement Control Order (MCO) to curb the spread of COVID-19 had force many non-essential sectors were to hibernate and/or minimise their operations. The impacts from this measure were felt more by the migrant, vis-a-vis workers. They were significantly discriminated in their works, including facing job termination, salary cuts, forced leave, etc. Their premises were raided by the authority, which were seemed to be more focusing on criminalising undocumented migrant workers, as opposed to contain the spread of COVID-19. The acts of handling the migrant workers during the pandemic have drew immense criticism, especially from the human rights societies. Accordingly, this paper examines the legal obligation required under the international conventions and the national laws in the treatment of migrant workers with a view to analyse the possible discriminatory treatment committed by against the migrant workers during the pandemic. The study uses a conventional or traditional research methodology, looking at and discussing the pertinent legislation found in the primary data (such as international treaties and local laws) and other published works in the type of secondary data, such as articles, teaching materials, and periodicals. The study finds that discrimination is an area under the human rights law which the international communities seek to combat. Several key international treaties were signed to this effect. Whilst Malaysia chooses not to participate in few international conventions to curb discrimination, the absence of anti-discrimination law and explicit legal provisions on the subject matter has left lacunae and a vague legal position in Malaysia.
Baid, Nidhi, ‘Problems of Migrant Workers in India’ (2021) 24 Supremo Amicus Journal (unpaginated) Abstract: The COVID 19 pandemic, and the subsequent economic crisis was tough on the world, but it was doubly hard on the migrant labourers. During the pandemic, India had faced an acute cash crunch, with a huge percent of India’s population facing threats to their job security and reduced salaries. Arguably, it was the migrant workers who were hit the hardest of all considering the fact that they do not have job security and high wages at best of times. During the pandemic, they lost everything and were left stranded with no money, no work and no way of returning home, The rights and benefits available to the migrant workers have improved a lot over the years, but these are still lacking when it comes to protecting them from exploitation by the employers. They still get paid only in minimum wages and have no job security as they are often hired on daily wages. The laws governing them have come a long way from the past, but there is still a long way to go before we can claim to have succeeded in provided them adequate protection against exploitation.
Bainbridge, Jessica, ‘The Vaccine Mandate’s Luck Runs Out in Judicial Lottery’ (2022) 83 Ohio State Law Journal Sixth Circuit Review Article 005 Abstract: The vaccine mandate’s long journey through the judiciary has exposed a system where important legal conclusions are left to the luck of the draw. After the Fifth Circuit issued a nationwide stay, an actual lottery sent the vaccine mandate to the Sixth Circuit where the favorable composition of a three-judge panel resulted in the mandate’s reinstatement. Although the Sixth Circuit’s reinstatement appeared to be a monumental win for those urging for mass vaccinations in order to combat the pandemic, this win was short-lived when the conservative majority of the Supreme Court pronounced the mandate dead on arrival. The Department of Labor’s Occupational Safety and Health Administration (‘OSHA’) issued the mandate in the form of an Emergency Temporary Standard (‘ETS’) in November of 2021.4 The ETS, which was estimated to affect over 84 million workers, was issued in order for the agency to fulfill its statutory directive in response to ‘the “extraordinary and exigent circumstances” presented by [the] unprecedented pandemic.’ It directed large employers to have most of their employees either get vaccinated or wear facemasks indoors and test for COVID-19 on a weekly basis. In contrast with the Sixth Circuit’s decision, which adheres to precedent and clearly explains the law, the Supreme Court’s ruling on the mandate relies on twisted logic to establish what they think the law ought to be rather than what the law is, or at least has been.
Bakirtzi, Effrosyni, ‘Remote Work Regulation during and after the Pandemic in Greece and Germany: Comparative Legal Frameworks and Challenges for the Future of Work’ (2022) 15(2) Italian Labour Law e-Journal 17–36 Abstract: The contribution focuses on telework and remote work legislative transformations during the corona pandemic based on the experiences of two countries, Greece and Germany. Greece has introduced in 2021 a reform of teleworking regime both in the private and public sectors. Germany has only addressed the increased teleworking needs ad hoc with less profound changes in the existing teleworking regime. The teleworking/remote working national legal frameworks of these two countries are compared and the transitions to a flexible virtual workplace are contextualized. The paper demonstrates how these transitions addressed only partially the labour and social fundamental rights of employees.
Balahmar, Ahmad Riyadh Umar, ‘The Impact of the Omnibus Law on Industrial Relations in Indonesia During the Covid-19 Pandemic: A Qualitative Analysis’ (2024) 50(9) Asian Journal of Education and Social Studies 345–357 Abstract: The Covid-19 pandemic since 2020 until now has had a tremendous impact on socio-economic life in Indonesia. Many companies have laid off their employees on the pretext of a decrease in company production affected by the Covid-19 pandemic. On the one hand, the Indonesian government in October 2020 has passed the Omnibus Law which is still controversial. This study aims to explain the industrial pattern in handling employment after the enactment of the Omnibus Law during the Covid-19 pandemic. By using eight informants as research subjects through purposive sampling techniques, this qualitative study collected data through in-depth interviews related to the topic. The results of the study show that before the enactment of the Omnibus Law during the pandemic, the conditions focused on the problem of ‘rights disputes’ including the payroll system, deductions, and employee SP3 which were considered unfair. However, after the enactment of the Omnibus Law, the problem refers more to ‘interest disputes’ between companies and workers to defend their respective interests. This finding has significance for policy makers and practitioners in industrial relations. Governments and companies must understand the transition from rights disputes to interests disputes to develop more inclusive policies and minimize conflicts. Companies must also be more transparent in managing human resources and paying attention to workers’ rights to improve fairness and stability of the industry.
Bales, Richard A, ‘COVID-Related Labor Arbitration Awards in the United States and Canada: A Survey and Comparative Analysis’ (2021) 37(1) Ohio State Journal on Dispute Resolution (forthcoming) Abstract: The COVID-19 pandemic of 2020-21 has changed working conditions for millions of Americans and Canadians quickly and dramatically. Employers responded by requiring employees to quarantine, implementing workplace COVID policies, disciplining employees who violated those policies, changing work schedules, cancelling leaves or vacations, and furloughing or laying off employees. Unions have challenged many of these actions, raising a variety of novel issues that are now being resolved through labor arbitration. This article surveys those labor arbitration awards and then comparatively analyzes the awards from Canada and the United States.
Barbieri, Teresa, Gaetano Basso and Sergio Scicchitano, ‘Italian Workers at Risk During the COVID-19 Epidemic’ (Bank of Italy Occasional Paper No 569, 26 June 2020) Abstract: We analyse the content of Italian occupations operating in about 600 sectors with a focus on the dimensions that expose workers to risks during the COVID-19 epidemics. We leverage detailed information from ICP, the Italian equivalent of O*Net and find that several sectors need physical proximity to operate: the workers employed in sectors whose physical proximity index is above the national average are more than 6.5 million (mostly in retail trade). Groups at risk of complications from COVID-19 (mainly male above the age of 50) work in sectors that are little exposed to physical proximity, currently under lockdown or can work remotely. The sectoral lockdowns put in place by the Italian Government in March 2020 targeted sectors who operate in physical proximity, but not those directly exposed to infections (the health industry is not subject to lockdown). Most of the workforce who can operate from home have not been put under lockdown.
Barry, Stephen, ‘Data Protection Guidance on the “Return to Work Safely Protocol”’ (2020) 25(6) Health & Safety Review 25–26 Abstract: Analyses the implications of Data Protection Commission (DPC) guidance on employers’ obligations as data controllers as they implement the Irish Government’s Return to Work Safely Protocol following the COVID-19 pandemic. Examines the DPC’s recommendations on: contact tracing logs; return to work forms; temperature testing; and the legal basis for data processing.
Bassiouny, Omar and Ahmad Farghal, ‘Managing COVID-19’ [2020] (Summer) International Financial Law Review 49–51 Abstract: Answers questions about employers’ ability to reduce pay, stop annual increases and put employees on furlough under Egyptian law in the coronavirus pandemic.
Battista, Leonardo, ‘Covid-19 and Self-Employment: Emergency Measures and Unsolved Challenges’ (2020) 13(1) Italian Labour Law e-Journal 85–101 Abstract: The COVID-19 pandemic is having a profound impact on the present world of work and will probably characterize any future debate regarding labour law. The crisis is throwing millions of people across the globe out of employment and high resonance is paid to European governments’ emergency measures to cope with this exogenous catastrophe. Public interventions are driven to protect subordinate workers and their incomes or to support self-employed workers highly affected by lockdown measures. The emergency and temporary measures for this latter group of workers are different from Country to Country, although similar patterns can be identified, varying from the extension of social security coverage to short-term support schemes. Their effectiveness is currently under discussion, alongside some concerns about the future of self-employed workers are still pending.
Baulin, Yuriy V, Borys A Rohozhyn and Inna A Vyshnevska, ‘Labour Safety of Medical Workers During the Covid-19 Pandemic: Legal Aspect’ (2020) 73(12 cz 2) Wiadomosci Lekarskie 2709–2714 Abstract:
Objective: The aim: To develop an algorithm of legal support of the system that guarantees safe working conditions of medical workers at medical institutions during the COVID-19 outbreak.
Objective: The aim: To develop an algorithm of legal support of the system that guarantees safe working conditions of medical workers at medical institutions during the COVID-19 outbreak.
Materials and methods: The following materials were used in the paper: Interim Recommendations of the World Health Organization, documents of The World Medical Association, international human rights instruments, international labour protection acts, European health legislation, the decision of the European Court of Human Rights, judicial practiceand survey of 60 specialists. The following methods were used in the paper: system method, comparative method, the method of questionnaires and formal logical method. RESULTS: Results: The survey of physicians allowed to state the need to create local protocols or technological maps of the use of personal protective equipment and the development and approval of the relevant results of their use - standards to ensure safe working conditions.
Conclusions: Proposals for legal support of the system of guaranteeing safe working conditions for medical workers at the local level have been formulated. Every medical enterprise should have a system of guaranteeing safe working conditions for medical workers by: distribution of responsibilities between the heads of medical enterprises, issuing departmental and local acts on ensuring their work and acquainting medical workers with them, ensuring proper quality and quantity of personal protective equipment and, accordingly, monitoring their use and the functioning of the system of guaranteeing safe conditions.
Bean, Daniel and Nadeem Hekmat, ‘Key Privacy Law Considerations for Employers (Including Vaccination Status)’ (2022) 19(4) Privacy Law Bulletin 58–61 Abstract: Company directors, business owners and government agencies all have significant privacy obligations towards their customers or clients under the ‘Privacy Act 1988’ (Cth) (the Act). The Act also contains obligations in relation to their employees, which if not carefully understood, can result in employment contracts that make it difficult for employers to implement and enforce new workplace policies because they may contravene the relevant obligations under the Act relating to employees. Recently, employees have been concerned about the privacy of information relating to their vaccination status, which in certain instances must be provided to their employers. Questions have been raised about the lawfulness of these scenarios. Can the employers ask for this information? What are the privacy principles relating to employers asking for information that employees may consider to be unnecessary or just too private? This article will respond to these questions and more generally explore how relevant Australian privacy principles (APPs) apply to the employment scenario. This article will also outline how the Australian privacy law framework was applied during the numerous state government directions requiring and storing information relating to vaccination status.
Beebeejaun, Ambareen and RP Gunputh, ‘A Critical Analysis of the Mauritius Workers’ Rights (Working from Home) Regulations 2020 in the Wake of COVID-19’ (2022) 51(1) Industrial Law Journal 174–193 Abstract: There was no legislation in Mauritius that specifically regulated teleworking services before the arrival of COVID-19, but subsequently the government enacted the Workers’ Rights (Working from Home) Regulations 2020. This note assesses the wide-ranging implications of the Mauritius Regulations and investigates their efficiency and adequacy. In so doing, an International Labour Organization (ILO) Guide to work from home (WFH) produced by the employers’ group and corresponding WFH legislation enacted by Austria and Spain relating to teleworking are also analysed. On this basis, recommendations are offered to enhance the existing legal framework in Mauritius, which may also be helpful elsewhere.
Bennett, Belinda, Ian Freckelton and Gabrielle Wolf, ‘COVID-19 and Workplace and Occupational Health and Safety’ in COVID-19, Law, and Regulation: Rights, Freedoms, and Obligations in a Pandemic (Oxford University Press, 2023)
Bérastégui, Pierre, ‘Teleworking in the Aftermath of the Covid-19 Pandemic: Enabling Conditions for a Successful Transition’ (ETUI Research Paper - Policy Brief No 2021.05, 31 May 2021) Abstract: Policymakers should address the risk of the gradual disappearance of the physical workplace, and with it of the notion of choice in relation to remote working.As segments of the workforce return to the workplace, employers should ensure the continuity of countermeasures to buffer isolation. It will be essential for employers to introduce initiatives to prevent large segments of workers becoming at risk of physical and emotional exhaustion, and for governments to adapt occupational health and safety regulations accordingly. The benefits of telework depend entirely on the degree of autonomy given to the worker and presuppose a culture of trust and compassion, two key traits for leaders to develop. Ensuring equal access to ICT and that workers possess the education and skills needed to use them are fundamental challenges that policymakers need to address to prevent a ‘teleworkability’ divide."
Bernadett, Szekeres and Mélypataki Gábor, ‘The Flexible Home Office, Regarding Its (New) Questions in Hungary and the Issues of the Virtual Workplace’ (2022) 56(3) Revue Européenne du Droit Social 63–69 Abstract: The recent pandemic forced companies to switch to working from home. This process was necessary to maintain health and economic efficiency. The move from physical workplaces to virtual workplaces in the digital space started earlier than the pandemic. The pandemic amplified this process. In parallel, we also see that companies have had positive experiences in the process of creating virtual workplaces. The virtual workplace has serious IT-issues, which we try to reflect. Some of the employees have taken to this process. A significant part of the companies has not even returned to the classic former working processes. We have to focus also on the issues of the virtual workplace. Due to its practical popularity, it was necessary to regulate the home office at the legal level, as most experts also had the opposite opinion on its essential elements. In order to close this debate, the legislator has created a new regulation concerning teleworking, which amends the rules of the Hungarian Labor Code on teleworking with effect from the end of the emergency. We try to present this new regulation, which has not yet entered into force, and its many obscure points in the research.
Berg, Laurie and Bassina Farbenblum, ‘As If We Weren’t Humans: The Abandonment of Temporary Migrants in Australia during COVID-19’ (SSRN Scholarly Paper No ID 3709527, 11 October 2020) Abstract: In March 2020, nationwide lockdowns to contain the spread of COVID-19 in Australia caused widespread job loss among temporary visa holders. This had a devastating financial impact on these workers, including international students, backpackers, graduates, sponsored workers and refugees, leaving many unable to meet their basic living needs such as food and rent. However, unlike some other similar Western countries, the Australian government excluded temporary migrants from wage subsidies and almost all other forms of financial support.This report assesses the humanitarian impact of government policies related to COVID-19 on the hundreds of thousands of temporary migrants who remained in Australia. It presents findings from a survey conducted in July 2020 of over 6,100 temporary visa holders on their experiences of financial insecurity, precarious housing and homelessness, humanitarian need, racism and social exclusion, as well as their attitudes on their time in Australia. In doing so, it seeks to establish a platform for temporary migrants to voice their experiences and establish current large-scale first-hand empirical data to inform government decision-making.
Abstract: The coronavirus pandemic has rendered visible the previously invisible labour that gets our food from farm to fork for minimal pay and at great personal risk to workers’ health. From grocery clerks working on the front lines without protective equipment, to truckers denied entry to restrooms, to temporary foreign workers forced to sign liability release waivers, to disease transmission at meat processing facilities, the virus is revealing the frailties and the inequities of our food system. Although the coronavirus pandemic is unprecedented, the ways the global food supply chain has responded to the crisis were, in fact, predictable. For years, scientists and food policy experts have been warning that our food system is broken, and that policies geared towards efficiency and cheap food are exploitative of the agri-food labour force, the animals we raise and slaughter for food, and the ecosystems we inhabit. This chapter focuses on the impact of COVID-19 on labour, with particular emphasis on the meat processing industry. It also seeks to illustrate the interconnectedness of all actors across the supply chain and the need for greater compassion as we rebuild postpandemic food systems.
Bernstein, Adam, ‘Claiming Back Statutory Sick Pay under Coronavirus’ (2020) 44(3) Company Secretary’s Review 37–38 Abstract: Advises on the eligibility requirements of the Coronavirus Statutory Sick Pay (SSP) Rebate Scheme, which opened up to claims on 26 May 2020. Notes recommendations by the Trades Union Congress in its report ‘Testing and Tracing for Covid-19: How to Ensure Fair Access and Manage Monitoring in the Workplace’, which suggests that the SSP is inadequate and should be increased to the equivalent of a real living wage.
Bernstein, Adam, ‘Coronavirus Impacts Holiday Entitlements’ (2020) 44(3) Company Secretary’s Review 39–40 Abstract: Highlights employers’ obligations under government guidance and the Working Time (Coronavirus) (Amendment) Regulations 2020 concerning holiday entitlement and pay for furloughed employees during the coronavirus emergency under the Job Retention Scheme.
Beylin, Ilya, ‘The Ignominious Life of the Paycheck Protection Program’ (SSRN Scholarly Paper ID 3661005, 6 July 2020) Abstract:The COVID-19 pandemic gravely endangers the health of millions of Americans. Private and public safety measures adopted to reduce infection, however, are also a source of existential risk. As U.S. infection rates increased in early March, 2020, unemployment and business dislocation surged. The bipartisan Coronavirus Aid, Relief, and Economic Security Act (CARES Act) represents the first and largest federal attempt to manage economic fallout from the pandemic. The Paycheck Protection Program (PPP) is a lynchpin of the CARES Act. The PPP seeks to mitigate unemployment and closures in several vulnerable sectors of the economy including among tens of millions of small businesses, not-for-profits, and self-employed individuals. The PPP has disbursed over $500 billion to these sectors, providing a lifeline to millions of employees. Nevertheless, media, lawmakers and economists have criticized the PPP for inefficiently or inequitably distributing funds. This Article is the first work of legal scholarship that explains and examines the PPP. As a case study, this Article also provides insight into the design of economic interventions and their limitations as well as how the lawmaking process generates a narrative allocating responsibility for social trauma.
Bhavnani, Sharan, Prashant Narang and Jayana Bedi, ‘Pandemic Restrictions and Street Vendors’ Right to Work in India: Protection through a Robust Rule of Law Framework’ [2022] Australian Journal of Human Rights (advance article, published online 9 October 2022) Abstract: The COVID-19 pandemic has wreaked havoc on the urban poor, particularly street vendors in India. The impact of the virus is worsened by the response of the Union and State governments. To evaluate the challenges faced by street vendors due to the pandemic, this paper seeks to: First, describe the legal architecture deployed in India to tackle the pandemic. Second, elaborate the human right to livelihood in international and domestic laws, and test domestic legislation on the principles constituting the rule of law. Third, assess the various executive orders issued by State governments under these laws on their fidelity to the principles of the rule of law. Fourth, identify the mechanisms which may bolster the rule of law in India by drawing inspiration from the best practices in other countries. Hopefully, these mechanisms, once imbibed, would protect India’s impoverished and the disadvantaged through any crises in the future.
Bhavnani, Sharan, Prashant Narang and Jayana Bedi, ‘Rights, Restrictions, and the Rule of Law: COVID-19 and Women Street Vendors’ (Centre for Civil Society, 2021) Abstract: This policy brief evaluates the bearing of COVID-19 restrictions on women street vendors. In particular, it outlines: i) the approach adopted by the government to regulate street vending amidst the pandemic; (ii) areas of excesses and its impact on vendors; and iii) international best practices that could guide the government’s future approach in crises.
Bick, Alexander, Adam Blandin and Karel Mertens, ‘Work from Home after the Covid-19 Outbreak’ (FRB of Dallas Working Paper No 2017, 2020) Abstract: Based on rich novel survey data on almost 5,000 working age adults, we document that 35.2 percent of the workforce worked entirely from home in May 2020, up from 8.2 percent in February 2020. Highly educated, high-income and white individuals were much more likely to shift to remote work and to maintain employment following the virus outbreak. Using available estimates of the potential number of home-based workers suggests that a large majority (71.7 percent) of U.S. workers that could work from home, effectively did so in May. We provide some evidence indicating that apart from the potential for home-based work, industry business conditions and labor demand also mattered for employment outcomes following the virus outbreak.
Bisom-Rapp, Susan and Marco Peruzzi, ‘Regulatory Choices and Legal Disputes in the Fight Against COVID-19 Infections in the Workplace: A Comparison of Vaccine Mandates in the Italian and US Contexts’ in Tindara Addabbo et al (eds), Work Beyond the Pandemic: Towards a Human-Centred Recovery (Springer, 2024) 211–229 Abstract: This is a comparative study of two countries’ legal and policy actions to stem the spread of COVID-19 in the workplace, focusing on Italy and the United States (US). Both nations sustained great loss of life and high infection rates during the first years of the pandemic. This chapter examines how Italy and the US approached COVID-19 vaccine mandates for workers. Of particular interest are the regulatory choices made, including the choice not to regulate, and the consequences of those choices on the employment relationship. Additionally revealing are the legal grounds upon which regulatory actions were challenged, and how courts balanced the interests at stake. Finally, the way in which the debates over workplace vaccine mandates were framed illuminate national culture and the extent to which each country views labor rights as human rights. To provide context for these insights, this chapter examines convergence and divergence in the two countries’ initial responses to the global health emergency presented by COVID-19, and the way in which workplace vaccine mandates were initially embraced.
Bixenstine, Barton A, ‘Employment Law Implications of a Remote Workplace’ (2023) 76(3) Dispute Resolution Journal 1–22 Abstract: The article discusses the potential effects of remote work to employment law in the U.S. Also cited are how the COVID-19 pandemic resulted in a dramatic increase in the number of full-time remote workers in the country, the prevalence of remote work and hybrid work arrangements, and the risks posed by remote workers like potential hacking or cyberattacks.
Blackham, Alysia, ‘A Life Course Approach to Addressing Exponential Inequalities: Age, Gender, and Covid-19’ in Shreya Atrey and Sandra Fredman (eds), Exponential Inequalities: Equality Law in Times of Crisis (Oxford University Press, 2023) 233 Abstract: This chapter argues that age is an exponential amplifier of inequality. It puts forward a life course perspective as a nuanced lens for enriching our understanding of discrimination and its impacts over time. A life course approach offers a targeted focus for addressing exponential inequalities, drawing our attention to discrimination at critical transition points. Building on this life course perspective, experiences of discrimination over time can be seen as non-linear and multi-directional, but still interlinked and biographic, punctuating and shaping life stories in unpredictable ways. These ideas are illustrated through a case study of gendered ageism at work, drawing on empirical evidence to map how gender inequality is amplified with age and time, and further exacerbated by the impacts of the Covid-19 pandemic. Viewed with this life course lens, this chapter argues that discrimination law appears fundamentally ill-adapted for responding to exponential inequalities. The chapter therefore considers the extent to which ‘next generation’ positive duties—like the Gender Equality Act 2020 (Vic)—might address these concerns.
Blau, Rachel L, ‘Protecting Teleworkers: Unilateral Conflicts and Statutory Interpretation’ (2024) 92(2) George Washington Law Review 516–547 Abstract: The COVID-19 pandemic taught us that homes can double as offices. But when a teleworker opens her laptop across state lines from her employer, may she claim the statutory worker protections provided in the employer’s state? Too often, courts misunderstand this recurring problem and refuse to extend an employer’s state protections to an out-of-state teleworker, granting a defendant’s motion to dismiss. Because each statute is analyzed in isolation, a teleworker may be relegated to lawless nowhere land, unable to recover under any state statutory scheme. This Note argues that, in the absence of legislative direction, a court should always find that the scope of an employer’s state statute is broad enough to extend to an out-of-state remote teleworker. Telework is performed using entirely virtual technology and has no physical connection to the place in which it is performed. In contrast, the employer is tethered to earth and therefore should permissibly regulate the employer-teleworker relationship. This Note advocates for a judicial solution by examining existing judicial considerations. It argues that, because of the quasi-territorial nature of remote work, a teleworker should always fall within the legislative jurisdiction of an employer’s state.
Blumenfeld, Stephen, Gordon Anderson and Val Hooper, ‘Covid-19 and Employee Surveillance’ (2020) 45(2) New Zealand Journal of Employment Relations (advance article, published 14 December 2020) Abstract: While working from home is not a new concept, the advent of the Covid-19 pandemic has, for many in the workforce, rendered it the ‘new normal’, concomitant with enhanced use of workplace surveillance technologies to monitor and track staff working from home. Even prior to the global pandemic, organisations were increasingly using a variety of electronic surveillance methods to monitor their employees and the places where they work, whether it be in an office building or remotely. This technology traverses various facets of the work environment, including email communications, web browsing, the use of active badges for locating and tracking employees, and the gathering of personal information by employers. The application of these technologies, nevertheless, raises privacy concerns, which are exacerbated when work is undertaken in employees’ own homes, a phenomenon that has become more prevalent due to Covid-19. This article addresses the issue of electronic workplace monitoring, its implications for employees’ privacy and the role of collective bargaining in addressing this emergent practice, which has also been given new impetus during the pandemic.
Bodie, Matthew and Michael McMahon, ‘Employee Testing, Tracing, and Disclosure as a Response to the Coronavirus Pandemic’ (2021) 64(1) Washington University Journal of Law & Policy 31–62 Abstract: Testing, tracing, and disclosure is a common workplace safety measure implemented to mitigate the spread of the coronavirus in the United States. The absence of a coordinated national response presented local governments and private businesses with difficult questions regarding operation in the pandemic. This Article analyzes the legal framework for this approach, specifically addressing concerns of invasion into worker privacy. This Article encourages employers to develop their own testing, tracing, and disclosure systems to prevent widespread workplace outbreaks, avoid costly litigation, and preserve their business operations. Steps integral to the system include: providing clear notice to employees about what is required of them and how the employer will use employees’ personal information; limiting sharing of personal information to those who ‘need to know;’ crafting disclosures that protect individual privacy while promptly alerting affected employees of potential virus exposure; and maintaining strong data security systems and practices.
Boggs, Kimberly et al, ‘Employee Health and Welfare Benefit and Employment Considerations in the Time of COVID-19’ (2020) 33(4) Benefits Law Journal 15–68 Abstract: This article sets forth health and welfare and employment pandemic- related guidance, providing a general framework for operating as a compliant employer in these challenging times. We begin by defining the terms furlough and layoff. We then address ACA, COBRA, HIPAA special enrollment, claim procedures, cafeteria plan, and HDHP/HSA compliance in responding to employee benefit issues related to the pandemic. We continue by discussing mandatory coverage of COVID-19 testing, vaccine and preventive care coverage, and special leaves under the FFCRA and the CARES Act, including guidance resulting from the recent U.S. District Court case. We conclude with the pandemic effects on employment practices, including developing a pandemic response plan, providing guidance on disability-related inquires and medical exams, the confidentiality of medical information, hiring and onboarding, employee relations, and returning to work.
Bogoeski, Vladimir, ‘Continuities of Exploitation: Seasonal Migrant Workers in German Agriculture during the COVID-19 Pandemic’ (2022) 49(4) Journal of Law and Society 681–702 Abstract: Seasonal migrant agricultural workers were declared ‘essential’ in Germany at the very outset of the COVID-19 pandemic. Two harvest seasons later, continuing poor working conditions, infection outbreaks on farms, and a general exclusion from social security schemes show that the recognition of the ‘essential’ character of the job has not translated into any improvements for workers. Based on interviews with trade union-affiliated counsellors for migrant workers across Germany and analysis of the policies and legal measures introduced during the pandemic, this article demonstrates how pre-existing institutional structures of exploitation in relation to seasonal agricultural work have been not only sustained but also reinforced.
Bonacini, Luca, Giovanni Gallo and Sergio Scicchitano, ‘All That Glitters Is Not Gold: Effects of Working from Home on Income Inequality at the Time of COVID-19’ (SSRN Scholarly Paper No ID 3597996, 8 May 2020) Abstract: The recent global COVID-19 pandemic forced most of governments in developed countries to introduce severe measures limiting people mobility freedom in order to contain the infection spread. Consequently, working from home (WFH) procedures became of great importance for a large part of employees, since they represent the only option to both continue working and keep staying home. Based on influence function regression methods, our paper explores the role of WFH attitude across labour income distribution in Italy. Results show that increasing WFH attitudes of occupations would lead to a rise of wage inequality among Italian employees. The opportunity of WFH tends to benefit male, older and high-paid employees, as well as those living in provinces more affected by the novel coronavirus.
Borelli, Silvia and Maria Chiara Vitucci, ‘The Italian Response to Exploitation of Migrant Workers in the Agricultural Sector: Between Criminalization and Prevention’ (2019) 29 Italian Yearbook of International Law (pre-print) Abstract: The exploitation of migrant workers in the agricultural sector in Italy remains common. This is so despite the fact that, first, Italy has ratified the vast majority of instruments dealing with serious forms of labour exploitation at the international and regional level and has adopted legislation implementing its international obligations, by creating offences which criminalize practices amounting to slavery, servitude, forced labour and exploitation of labour, and second, that the interpretation adopted by the Italian courts of the relevant concepts appears to be in line with that of international bodies. Clearly, an approach which goes beyond the criminal law and includes measures of prevention is therefore needed in order to address the phenomenon of exploitation of migrant workers at its roots. In addition to structural deficiencies in the system of labour inspections, a major factor contributing to the vulnerability of migrant workers results from Italy’s immigration law and policy, which has as a result that the immigration status of many migrant workers is irregular, or at least precarious. Notwithstanding the existence of (narrow) paths for legal migration and special provisions for the regularization of victims of severe labour exploitation, the current legislation remains insufficient and ineffective in combating exploitation. Whilst recent legislation adopted to deal with the Covid-19 emergency specifically provides for the regularization of irregular agricultural workers already present in Italy, it remains an ad hoc measure which does not address the underlying systemic problems and is not a substitute for an approach to immigration control which puts the right of migrant workers not to be exploited at the core of the debate.
Boris, Eileen, ‘Vulnerability and Resilience in the Covid-19 Crisis: Race, Gender, and Belonging’ in Anna Triandafyllidou (ed), Migration and Pandemics: Spaces of Solidarity and Spaces of Exception (Springer International Publishing, 2022) 65–84 [OPEN ACCESS E-BOOK] Abstract: During the early months of the 2020 pandemic, migrants who travelled to the United States to pick crops, scrub floors, stock warehouses, and tend to elders became ‘heroes’ for performing necessary labour – unless they were surplus bodies crammed into prison-like detention waystations before being deported for the crime of arriving without proper papers. The pandemic intensified states of precarity. Especially among those labelled as ‘essential workers’, the lack of protective equipment and labour rights put them on the frontline of exposure. But domestic and home care workers, meatpackers, fieldhands, and others in the US stepped out of the shadows to demand inclusion in social assistance, occupational health and safety laws, and other state benefits. This chapter historicises the recent hardships and the organising of (im)migrant workers: it shows that the policies of Donald J. Trump were not an aberration, but part of a national pattern of racial differentiation with gendered inflections. Vulnerability, however, is only part of the story. Workers remained resilient in the face of the hidden enemy of Covid-19, as they sought safe and decent living and working conditions.
Boruah, Jayanta and Sarthak Aryan, ‘Impact of COVID-19 on the Justice Delivery System for Legal and Illegal Migrants of Assam’ (2021) Bennett Journal of Legal Studies (forthcoming) Abstract: The entire world is facing several economic and socio-political issues due to this sudden outbreak of the COVID-19 pandemic. Similarly, India is also facing such issues where the plight of migrant workers across the Nation has led to a huge humanitarian crisis, especially due to the nation-wide lockdown. Amongst those migrant workers, a significant population also belongs to Assam. However, unlike the other States of India, the situation in Assam is unique. Assam is a State which has always been known for a huge influx of illegal immigrants across the borders from Bangladesh for which there had been several conflicts with the indigenous population of Assam in the past and due to recent political happenings in the State, such conflicts have again arisen. It was in such a situation that this outbreak occurred for which a huge section of legal migrants, who are Assamese by origin, had to surrender their jobs and were forced to return home. This is likely to increase the economic burden over the State since unemployment rates will go up and subsequently scarcity of resources will increase. Thus, it might not be feasible for the State to meet the demands of both the legal as well as illegal immigrants with a downgrading economy as a result of this pandemic which is going to increase tensions and conflicts in the State. This paper will therefore attempt to understand the efficiency of the justice delivery system in dealing with the plight of such migrant workers and will also try to find out certain possible solutions to this issue.
Bousquet, Kimberly, ‘Farm and Food Worker Inequity Exposed and Compounded by COVID-19’ (2021) 17(1) Journal of Food Law & Policy 50–55 Abstract: Of the 2.4 million farm-working laborers in the United States, upwards of 73% are immigrants. And, according to the Economic Policy Institute, immigrants make up nearly 22% of all workers in the U.S. food industry, including 27% of food production workers, 37% of meat processing industry workers, 34% of commercial bakery workers, and 31% of fruit and vegetable preservation work. Another study found that ‘[p]eople of color make up the majority of essential workers in food and agriculture (50%) and in industrial, commercial, residential facilities and services (53%).’ Many of these workers--if not the majority in some sectors--are undocumented and/or unauthorized. Approximately 25% of U.S. immigrants were born in Mexico. Thus, when we discuss issues involving food and farm workers in the United States, we are largely talking about racial and ethnic minorities, undocumented individuals, and members of the immigrant community (foreign born and their children).
Brand, Seamus, ‘Is This the Winter of Our Discontent?: The Importance of Revisiting WHS While “Living with” COVID-19’ (2022) 44(7) Bulletin (Law Society of South Australia) 10–11 Abstract: Throughout the COVID-19 pandemic, employers have largely relied on Government health advice and Government health orders (GHO) to inform (or compel) their response to COVID-19. In some cases, employers were legally required to comply with a GHO and could rely upon it to justify the making of hard, but necessary, decisions. Many GHO have since been withdrawn and the emergencies giving rise to them declared ‘over’ (at least in a legal sense). Meanwhile, Australia faces its first winter in the era of ‘living with COVID’. This has left many employers without the GHO safety net. It also leaves other employers (never subject to a GHO) with the continued uncertainty as to precisely how the manage the workplace risks of COVID-19, particularly during this ‘winter wave’.
Brill, Lora and Beth Ambrose, ‘Opportunities Abound in the New Normal’ (2020) 2039 Estates Gazette 62 Abstract: Explains how the post-Covid world presents opportunities for adapting offices to support employees’ health, wellbeing and productivity.
Broadbent, Jo, ‘Employment Update’ (2020) 212(July) Employment Law Journal_ _Abstract: Reviews employment law developments of relevance to employers, highlighting the confusion created by the Treasury’s third Direction on the Coronavirus Job Retention Scheme, including provisions on furlough and notice pay. Discusses changes to the statutory sick pay rules, the updated guidance on working safely, the test and trace requirements, and consultation on departures from retained EU cases.
Brown, Elizabeth, ‘Supercharged Sexism: The Triple Threat of Workplace Monitoring for Women’ (SSRN Scholarly Paper ID 3680861, 1 August 2020) Abstract: As biometric monitoring becomes increasingly common in workplace wellness programs, there are three reasons to believe that women will suffer disproportionately from the data collection associated with it. First, many forms of biometric monitoring are subject to gender bias, among other potential biases, because of assumptions inherent in the design and algorithms interpreting the collected data. Second, the expansion of femtech in particular creates a gender-imbalanced data source that may feed into existing workplace biases against women unless more effective safeguards emerge. Finally, many femtech platforms encourage the kind of information sharing that may reduce women’s reasonable expectations of privacy, especially with regard to fertility data, thus increasing the risk of health data privacy invasion. This triple threat to female workers may be offset somewhat by the benefits of health data collection at work and may be remedied at least in part by both legislative and non-legislative means. The current trend toward greater health data collection in the wake of COVID-19 should provoke a reexamination of how employers collect and analyze women’s health data in order to reduce the impact of these new gender bias drivers.
Brudney, James J, ‘Forsaken Heroes: COVID-19 and Frontline Essential Workers’ (2020) 48(1: COVID-19 and Systemic Injustice: People and Governance) Fordham Urban Law Journal 1-55 Extract from Introduction: FE workers are the subject of this Article. The health and safety risks that they endure in service to the economy and country have made them heroes, supportively portrayed in the media and celebrated in cities at a designated early evening hour. What these heroes have not received is adequate workplace health and safety rights or protections.
Budiman, Karel and Siti Hajati Hoesin, ‘Workers Legal Protection in the Implementation of “No Work No Pay” Principles Wages in Furlough off Status during Covid-19 Pandemic’ (2023) 11(2) The International Journal of Politics and Sociology Research 280–287 Abstract: The emergence of the Covid-19 pandemic caused an unstable economic sector in various fields, one of which is the field of employment. The impact of Covid-19 spreading throughout the world has been felt by workers and employers in Indonesia. One of the labor problems faced during the Covid-19 pandemic is the company’s operational problems, where employers leave their workers temporarily by implementing a ‘no work no pay’ wage. However, the implementation of remuneration can only be carried out sometimes for workers. The problem in this journal article is about how workers’ legal protection on wage problems with the ‘no work no pay’ system when workers were put on leave during the Covid-19 pandemic and the solution to resolve labor disputes situation during the Covid-19 pandemic. The method used by the researcher is normative juridical research. The research results show that Workers can apply for the settlement of industrial relations disputes both in non-litigation and litigation following the Law of the Republic of Indonesia Number 2 of 2004 concerning Settlement of Industrial Relations Disputes.
Busby, Nicole and Grace James, ‘COVID-19 and the Legal Regulation of Working Families’ in Carl F Stychin (ed), Law, Humanities and the COVID Crisis (University of London Press, 2023) 207 *[OPEN ACCESS BOOK]* Abstract: In this chapter we critically assess the UK’s response to COVID-19 in terms of its implications for working families with care-giving responsibilities. The chapter draws upon a prior historical consideration of how working families have been regulated through labour laws and policies and builds upon the arguments presented there by considering the repercussions of the UK state’s response to the COVID-19 pandemic.
Caldararo, Niccolo Leo, ‘The End of Leisure and Retirement, COVID-19: Innovations, Jobs, Pensions, and Keynes: Guaranteed Income or Future Poverty and Redundancy?’ (SSRN Scholarly Paper No ID 3574285, 12 April 2020) Abstract: The history of the support by society of the aged is discussed in cross cultural and historical context. Various cultural traditions are compared with the forms developed in complex societies from ancient Egypt and Greece and Rome, to China, the Aztec, Inca and Maya, to those of religious organizations, or those developed under different modern ideological systems like capitalism and communism as well as social democratic nations. It is found that the way a society values the aged and views their contribution to society determines largely their willingness to provide for their support. An increasing number of companies have gone bankrupt in recent years following the 2007 credit crisis and stock market collapse. More have raided their pension funds to stay afloat or have closed them and transferred liability to the federal Pension Benefit Guaranty Corporation. Major changes to federal law concerning pensions and the responsibility of corporations to fund them has made under the Pension Protection Act of 2006. World wide workers’ retirement payments are under assault as are investments by pension funds due to laws governing priority of payment in different countries concerning stock holders vs bondholders and liability for pension funds. The need for retirement of some kind in the post-Covid-19 world will require new forms as well as recovery of pre-Covid-19 savings and investments. Changes in the law are proposed to increase the stability of pensions and reliability to workers of pension payments.
Calderone, Fay and Rhea Karunakar, ‘Identifying Workplace Bullying as a Result of COVID-19: Duties for Employers’ (2020) 25(10) Employment Law Bulletin 110–112 Abstract: With the increase in employees now working from home full time, employers need to be aware of new and additional pressures on individuals that can be significant risk factors for workplace bullying.
Canlela, Kacie, ‘Emergency Rulemaking’s Democracy Deficit: Lessons from the United States’s Paid Sick Leave Experiment’ (2021) 49(1) Fordham Urban Law Journal 65–107 Abstract: The article presents a general overview of notice and comment rulemaking, the good cause exception under the Administrative Procedure Act (APA), and statutory authorization to bypass notice and comment. It mentions how the Families First Coronavirus Response Act (FFCRA) was passed by the U.S. Congress and initially implemented by the U.S. Department of Labor (DOL). It also mentions emergency paid sick leave to quarantine due to COVID-19 exposure and sick leave.
Capelin, Tim et al, ‘Practical Guidance for Companies during the COVID-19 Pandemic’ (2020) 42(3) Bulletin (Law Society of South Australia) 28 Abstract: The COVID-19 pandemic has created unprecedented challenges for businesses, who are dealing with how remain operational while ensuring the safety of their workers, while also complying with industrial law obligations and Government directives in the wake of this public health crisis. This article provides sone guidance on the most commonly asked questions with regards to employment law issues.
Capuano, Angelo, ‘Post-Pandemic Workplace Design and the Plight of Employees with Invisible Disabilities: Is Australian Labour Law and Anti-Discrimination Legislation Equipped to Address New and Emerging Workplace Inequalities?’ (2022) 45(2) University of New South Wales Law Journal (forthcoming) Abstract: In 2020 the COVID-19 pandemic has re-shaped the way we work. To help contain the virus employees made a mass migration from working in offices to working remotely from home, but this mass shift to working from home is expected to have a lasting impact on workplace design even after the virus is contained. Modern and post-pandemic workplaces are expected to be increasingly ‘hybrid’ and use shared workspaces to permit worker fluidity between the office and the home. This article argues that shared and fluid working arrangements significantly disadvantage and disproportionately affect employees with ‘invisible’ disability in various ways, yet the outdated design of Australian labour law and anti-discrimination law is ill-equipped to deal with these new and emerging inequalities in the workplace. The assessment of the law in this article culminates with proposed drafting improvements to the Fair Work Act 2009 (Cth) and the definition of indirect discrimination in anti-discrimination legislation, but it exposes the defences to discrimination as the most problematic features of the legal framework. Whilst defences to discrimination intend to strike a balance between the interests of employers and employees, the analysis in this article shows that modern and post-pandemic workplace design significantly disrupts that balance to skew the legal tests to favour employers. Modernising the defences to discrimination to achieve greater equilibrium is a very complicated question and will be the focus of planned future empirical research. This article does, however, propose that the legislative framework can be updated by introducing proactive measures designed to enhance ‘person-environment fit’ in workplaces. This may not only mitigate the disadvantaging effect of hybrid workplace design on employees with ‘invisible’ disability, but also reduce reliance on the complaints-based system and help circumvent problems posed by the defences to discrimination.
Carabetta, Giuseppe, ‘Vaccination Mandates and the Employee’s Duty to Obey Lawful and Reasonable Directions’ (2022) 50(3) Australian Business Law Review 226–233 [pre-published version available on SSRN] Abstract: On 3 December 2021 the Full Bench of the Fair Work Commission handed down its decision in ‘Construction, Forestry, Maritime, Mining and Energy Union v Mt Arthur Coal Pty Ltd’. The decision concerned a COVID-19 vaccine mandate imposed by Mt Arthur Coal Pty Ltd. The mandate gave employees a month to obtain a first COVID-19 vaccine, in which time the Construction, Forestry, Maritime Mining and Energy Union brought a challenge to the direction. They were successful, with the Commission ultimately striking down the direction, but only on very narrow grounds relating to a failure to consult. The decision – the first regarding an employer COVID-19 mandate not supported by a public health order – offers insights from a five-member bench about the views of the Commission on vaccine mandates issued by employers, helped by the narrow set of issues in dispute. Neither side contested the science on COVID-19. Nor was there any suggestion that the direction was lawful (or unlawful) on the basis of government health orders, contract or the relevant enterprise agreement. Instead, the only question was whether or not the employer’s vaccine mandate was a ‘lawful and reasonable’ direction. Ultimately that question turned on whether in introducing the mandate the employer had met its consultation obligations under workplace health and safety laws. However, beyond addressing important questions about the content of those obligations, the decision reaffirms a number of general propositions relating to the application and scope of the implied duty. It ultimately also provides useful guidance for employers and employees regarding the legalities of mandatory workplace vaccination policies specifically.
Carby-Hall, Jo, ‘Covid-19 under the Prism of Philosophical Beliefs in British Discrimination Law’ [2022] (4) Revue de droit comparé du travail et de la sécurité sociale 214–219 Abstract: The Claimant in the case of X against the Respondent Y complained of unlawful discrimination by reason of the protected characteristic of religion or belief under section 10 (2) of the Equality Act 2010.
Carlson, Richard R, ‘OSHA and Public Health in an Emergency and a Culture War’ (SSRN Scholarly Paper No 4126863, 3 June 2022) Abstract: The approval of COVID-19 vaccinations for working age Americans in early 2021 offered a welcome release from oppressive non-vaccination safety measures. Group activities including normal employment operations became possible with a greatly reduced risk of serious illness and death. However, escape from the virus and non-vaccination measures was limited by widespread resistance to vaccination. OSHA became one of a handful of federal government offices that adopted rules to motivate more people to accept vaccination as the best way to protect themselves, protect their families, and escape the oppression of non-vaccination measures. OSHA, which regulates private sector ‘occupational’ health, issued an ‘emergency’ rule that applied only to private sector employers with at least 100 employees. The rule did not ‘mandate’ vaccinations. However, it strongly motivated employers to adopt their own vaccination requirements in order to avoid the alternative: burdensome non-vaccination requirements. OSHA’s emergency rule did not last long. Within two months, the U.S. Supreme Court issued an emergency stay against the rule in National Federation of Independent Businesses v. Dep’t of Labor (NFIB). The practical effect of the Court’s emergency stay was the end of the emergency OSHA rule. The OSHA rule is dead, but NFIB lingers as a problem for future health crises. COVID-19 is not necessarily the last or most serious health crisis we will face as a nation. OSHA will probably be needed to contribute to a national response in the future. NFIB is a poorly reasoned but still significant obstacle for OSHA’s participation in a public health crisis. This article examines the ways OSHA can act on an emergency basis in a crisis, the expanse and limits of its authority to regulate ‘occupational’ health, the meaning and flaws of the Court’s decision in NFIB to block enforcement of OSHA’s COVID-19 rule, and the possible strategies for OSHA in the next public-occupational health crisis.
Carroll, Faelynn and Walter E Block, ‘Selling Sex: (More) Evidence for Decriminalization’ (2021) 37(3) Touro Law Review 1155–1172 Abstract: This paper makes a case for decriminalization of sex work in response to recent legislation restricting sex workers’ access to online platforms and to the COVID-19 pandemic. Using a feminist economic lens, we summarize the current understanding of sex work markets and analyze how agency and stigma are affected by increasingly limited access to online platforms as well as by the social and economic restrictions of COVID-19. We analyze sex work from the point of view of the same labor economics that would be applied to any other industry, rather than as a romanticized or demonized group of sexual deviants, finding destigmatization of the sex work industry as central to the increased agency and well-being ofsex workers and their clients. This paper also employs the libertarian philosophy, according to which all acts should be legal except those that employ, or threaten, violence against innocent people. According to this perspective, murder, rape, theft, arson, kidnapping, and fraud, should be prohibited; but, everything else, certainly including sex work, should be decriminalized.
Caxaj, C, Amy Cohen and Carlos Colindres, ‘More of the Same? Migrant Agricultural Workers’ Health, Safety, and Legal Rights in the COVID-19 Context’ (2022) 11(3) Journal of Agriculture, Food Systems, and Community Development 139–156 Abstract: In this paper, we report on research findings from a cross-sectional survey with 143 primarily Mexican migrant agricultural worker respondents in British Columbia (BC), Canada. Participants reported high rates of experiences of threats and violence by employers, limited faith in the follow-through of both Canadian and country-of-origin authorities when reporting concerns, and a unanimous lack of knowledge in how to file a claim of a legal matter (e.g., housing, human rights violation). Most participants also reported that they believed they would receive poorer health care in relation to their Canadian counterparts and that their privacy would not be protected. While certain indicators, such as knowledge of resources for transportation, translation, and legal advocacy were higher than previous research would suggest, most participants did not feel confident that more serious issues would be addressed if they sought help. Our results suggest migrant workers in BC report similar, or even higher, rates of experiences and expectations of poor social support, legal protection, and health care in comparison to prior research in this region and elsewhere. While further research would be required to confirm this hypothesis, the impact of COVID-19 on this population is undeniable. Our findings highlight the need for greater regional and provincial commitments to fund targeted services for migrant agricultural workers that address the unique barriers they face. Additionally, greater attention and funding must be dedicated to supporting this population to navigate and access services that already exist. Together, dedicated initiatives could make a major difference for this workforce. Federal investments in support services of this nature would ensure the sustainability of such efforts. In addition, reforms to temporary migrant agricultural programs, such as open work permits and immediate access to permanent residence, would better afford workers opportunities to access the rights and protections that are currently out of reach for many.
Chadambuka, Zvikomborero, ‘The Informal Economy and the First 100 Days of the Pandemic Policy in Zimbabwe’ in Aleksandar Stojanović, Luisa Scarcella and Christina R Mosalagae (eds), The First 100 Days of Covid-19: Law and Political Economy of the Global Policy Response (Springer Nature, 2023) 373–397 Abstract: Due to a combination of neoliberal economic restructuring programs carried out during the 1990s and chronic economic challenges since the turn of the millennium, Zimbabwe has a large informal economy. The COVID-19 pandemic and policy measures taken to combat the pandemic had particularly marked negative effects on people working in the informal economy. The Zimbabwean government largely used formal financial sector channels in distributing COVID-19 mitigation resources to the public. Such channels tended to exclude the informal economy. The COVID-19 policy response also reinforced a tendency to allocate public resources to politically-linked actors. There was direct discrimination against the informal economy through destruction of places of business used by those working in the informal economy and a COVID-19 regulatory framework that explicitly barred them from economic activity. More generally, some pandemic policy choices appeared to be motivated by the government’s desire to consolidate power rather than public health concerns.
Chan, Hui Yun, ‘Hospitals’ Liabilities in Times of Pandemic: Recalibrating the Legal Obligation to Provide Personal Protective Equipment to Healthcare Workers’ (2021) 42(2) Liverpool Law Review 185–205 Abstract: The Covid-19 pandemic has precipitated the global race for essential personal protective equipment in delivering critical patient care. This has created a dearth of personal protective equipment availability in some countries, which posed particular harm to frontline healthcare workers’ health and safety, with undesirable consequences to public health. Substantial discussions have been devoted to the imperative of providing adequate personal protective equipment to frontline healthcare workers. The specific legal obligations of hospitals towards healthcare workers in the pandemic context have so far escaped important scrutiny. This paper endeavours to examine this overlooked aspect in the light of legal actions brought by frontline healthcare workers against their employers arising from a shortage of personal protective equipment. By analysing the potential legal liabilities of hospitals, the paper sheds light on the interlinked attributes and factors in understanding hospitals’ obligations towards healthcare workers and how such duty can be justifiably recalibrated in times of pandemic.
Chandrawaty, Yenny and Pita Permatasari, ‘Legal Protection for Health Workers during Pandemic’ (2022) 5(3) Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 26218–26224 Abstract: This study aims to obtain information and analyze the law regarding legal protection for health workers during a pandemic. One of the problems related to the legal protection of health workers is when taking medical action in an emergency. Health workers (Nakes) are the main component of providing health services to the community in order to achieve health development goals in accordance with national goals as mandated by the constitution. As the main component of health service providers, of course the existence, role, and responsibility of health workers are very important in health development activities. The control of the COVID-19 outbreak is highly dependent on vigilance, alertness and readiness of health infrastructure since the management of the central and regional governments in implementing public health efforts so that health facilities and personnel can treat patients. The implementation and utilization of the existence, roles, and responsibilities of these health workers are running well, balanced, orderly, quality-maintained, and protected both for the health workers themselves and for the people who receive these health services invitation. Legal protection must be obtained by all elements of society in Indonesia because it is the ideal of the Indonesian nation, especially the health workers who are members of the task force for the acceleration of handling COVID-19, which was stipulated by Presidential Decree No. 7 of 2020 which was revised by Presidential Decree No. 9 of 2020 placing medical personnel and health workers as the main element in dealing with the Covid-19 virus.
Charbonneau, Étienne and Carey Doberstein, ‘An Empirical Assessment of the Intrusiveness and Reasonableness of Emerging Work Surveillance Technologies in the Public Sector’ (2020) 80(5) Public Administration Review 780–791 Abstract: As public sector work environments continue to embrace the digital governance revolution, questions of work surveillance practices and its relationship to performance management continue to evolve, but even more dramatically in the contemporary period of many public servants being forced to shift to remote work from home in response to the COVID-19 pandemic. This article presents the results of three surveys, two of them population-based survey experiments, all conducted during the onset of the COVID-19 pandemic in Canada that compare public servant (n = 346) and citizen (n = 1,008 phone; n = 2,001 web) attitudes to various cutting-edge—though no doubt controversial among some—digital surveillance tools that can be used in the public sector to monitor employee work patterns, often targeted toward remote working conditions. The findings represent data that can help governments and public service associations navigate difficult questions of reasonable privacy intrusions in an increasing digitally connected workforce. Evidence for Practice New work surveillance technologies are available to use within the public sector and will present acceptability challenges to public managers as they contemplate the introduction of these technologies. Multimodal survey data from Canada reveals that public servants and citizens find these emerging work surveillance technologies to be quite intrusive and unreasonable but show relatively more tolerance for digital surveillance over physical surveillance practices. Understanding surveillance anxieties among targeted employees will be key to finding a balance between employee privacy rights and employer desires to manage employees in a remote or digital environment.
Chartzman, Birenbaum Alberto, ‘Challenges of Flexible Work’ (2022) 56(3) Revue Européenne du Droit Social 100–106 Abstract: Since the beginning of the pandemic, it seems that we have entered a long and winding tunnel with no exit. We have moved our office into the living room, moved our meetings to Zoom, turned to new technologies and apps to stay connected, or learned to communicate asynchronously. We’ve seen what works and what doesn’t when it comes to teamwork, and we keep that in mind when we hire new people. In short, we have begun to change our mentality, discarding many ways of thinking that are already obsolete. And it is that, from this tunnel we will all come out transformed. Many trends that were beginning to be seen in 2020, in 2021 have been definitively sealed, and now we face many challenges in remote work to solve in 2022. To help stabilize a democratic economic model that puts the human person at the center and promotes social inclusion, conditions must be created that allow for decent work. The challenges posed by globalization need human faces for global, regional and national development, through the reaffirmation of essential and universal values. We are convinced that the worker must be the central axis of the system, subject to preferential protection. For this we need all workers to respect their labor principles and rights. Human work will not be replaced by algorithms or magic formulas, where the right to privacy may be invaded at some point and you have to be very careful.
Chatterton, Joanna and Ed Livingstone, ‘Back to the Office: The Key Legal Risks and How to Avoid Them’ (2020) 213(September) Employment Law Journal 25–30 Abstract: Explains how employers can manage the risks of transitioning homeworking employees back to the workplace. Considers: the choice between adopting a mandatory or voluntary return for employees who might be reluctant resume office working; Covid-secure health and safety measures; employee consultation; flexible working requests; and data protection in relation to symptoms tests and health data.
Chen, YY Brandon, ‘Beyond the Rhetoric of Essentiality: Canada’s Neoliberal Migrant Worker Policy during the COVID-19 Pandemic’ in Sabrina Germain and Adrienne Yong (eds), Beyond the Virus: Multidisciplinary and International Perspectives on Inequalities Raised by COVID-19 (Bristol University Press, forthcoming 2024)
Clark, Serena et al, ‘“You’re a Teacher You’re a Mother, You’re a Worker”: Gender Inequality during COVID-19 in Ireland’ (2021) 28(4) Gender, Work & Organization 1352–1362 Abstract: The novel coronavirus (COVID-19) was declared a global pandemic in March 2020. Unlike previous highly contagious diseases that brought the threat of global instability this century such as SARS-CoV, Zika virus (ZIKV), Swine flu (H1N1), and the Avian flu (H5N1), COVID-19 was unable to be contained. Global restrictions were implemented to curb the spread of the virus, which included but were not limited to the closure of all educational institutions and the advice to engage in remote working. This study aims to understand the experience of working mothers who managed work and home duties during the COVID-19 pandemic in Ireland. Thirty working mothers were interviewed in this study, and qualitative analyses were conducted to gain insight into their work and family life during the restrictions. The findings of the analysis indicate that working mothers have been negatively impacted by COVID-19 in relation to their psychological well-being, experiences of negative emotions, and the redefinition of family dynamics, in which working mothers have adopted additional and disproportionate care burden. These findings are consistent with the current research arguing that COVID-19 has highlighted an increase in the gender gap in domestic labor as well as the undermining of career advancement for working mothers.
Clibborn, Stephen and Chris F Wright, ‘COVID-19 and the Policy-Induced Vulnerabilities of Temporary Migrant Workers in Australia’ (2020) (85) Journal of Australian Political Economy 62–70 Abstract: The COVID-19 crisis has starkly exposed the existing economic vulnerability of temporary migrants in many countries. In Australia, many temporary migrants, who were already at risk of marginalisation due to policies restricting their bargaining power and agency (Wright and Clibborn 2020), have lost their jobs and have minimal financial support due to their exclusion from public welfare.
Cockel, Isabelle, Beatrice Zani and Jonathan S Parhusip, ‘“There Will Be No Law, or People to Protect Us”: Irregular Southeast Asian Seasonal Workers in Taiwan before and during the Pandemic’ Journal of Agrarian Change (advance article, published online 30 May 2023) Abstract: This paper investigates the everyday lived realities of Southeast Asian migrant workers who left the formal sector of the labour market and entered the informal agricultural sector before and during the COVID-19 pandemic in Taiwan. Drawing on observations of migrants’ daily lives and farm work and 19 in-depth interviews, it delves into migrants’ subjective experiences of vulnerability, paternalism, exploitation, and control at work due to a lack of legal protection and the illegality of their employment. Although the literature has identified a link between ‘running away’ from formal employment and seeking freedom, this research suggests a continuum between experiences of work in the formal and informal economic sectors. The paper sheds new light on mobility, work, illegality, and informality and how these have constantly shaped ‘runaway’ workers’ subjective experiences of freedom and unfreedom during the pandemic.
Coetzer, Neil, ‘Are Employers Obliged to Save Jobs?’ (2020) 20(4) Without Prejudice 8–10 Abstract: At the time of writing, the extended period of lockdown has just commenced. The COVID-19 pandemic has already had a drastic impact on the operations of businesses and, in most cases, will lead to varying degrees of financial pain for both employers and employees. We are also told that, notwithstanding the extended lockdown of 35 days, the peak of the pandemic will only be reached by September 2020. Combating the virus will clearly require a change to the ‘business as usual’ approach, reimagining, for the foreseeable future, the way we work and go about our daily lives.
Collins, Caitlyn et al, ‘COVID‐19 and the Gender Gap in Work Hours’ (2021) 28 (S1) Gender, Work & Organization 101–112 Abstract: School and day care closures due to the COVID‐19 pandemic have increased caregiving responsibilities for working parents. As a result, many have changed their work hours to meet these growing demands. In this study, we use panel data from the US Current Population Survey to examine changes in mothers’ and fathers’ work hours from February through April 2020, the period of time prior to the widespread COVID‐19 outbreak in the United States and through its first peak. Using person‐level fixed effects models, we find that mothers with young children have reduced their work hours four to five times more than fathers. Consequently, the gender gap in work hours has grown by 20–50 per cent. These findings indicate yet another negative consequence of the COVID‐19 pandemic, highlighting the challenges it poses to women’s work hours and employment.
Cooney, Sean et al, ‘OSH and the COVID-19 Pandemic: A Legal Analysis’ (International Labour Organization, 2023) Abstract: This study provides an analysis of how occupational safety and health (OSH) regulation responded to the circumstances of key workers during the COVID-19 pandemic. It explains the objectives of OSH regulation, including its main elements and how it has evolved over time. It draws from national country studies from Africa (Rwanda); Asia (China, Japan, Republic of Korea); Europe (Italy, Spain, United Kingdom); North America (United States) and South America (Brazil, Colombia) to explain how different jurisdictions address safety and health in their regulatory frameworks and how these frameworks operate in practice, including during the COVID-19 pandemic.
‘Coronavirus and Employment Law: Practical Advice for Employers’ [2020] (17 March) Lawyer (Online Edition) 1
‘Coronavirus Emergency Law Gives Paid Leave: Federal Law Gives Payroll Tax Breaks to Offset Costs to Businesses’ (2020) 256(9) Journal of the American Veterinary Medical Association 966–967 Abstract: Recently passed federal legislation gives temporary additional paid sick leave to workers for use related to the COVID-19 public health emergency. It also extends family and medical leave for workers if they are unable to work and need to care for their child because of a school closure or unavailability of child care because of the coronavirus. Exemptions apply to certain businesses, and these provisions only last until the end of the year. Tax credits will be given to employers, intended to mitigate the impacts of the expanded leave provisions.
Corpuz, Jeff Clyde G, ‘No-Jab, No-Job Clause: Ethical Issues and Legal Impediments’ (2021) Journal of Public Health Article fdab089 (advance article, published 7 April 2021) Abstract: Vaccination is considered to be one of the greatest public health achievements in the 20th century. The coronavirus disease 2019 (COVID-19) has triggered a worldwide debate and legal exemption of vaccination and its possible consequences. Now that COVID-19 vaccination programme has started, there is immense pressure from the general public. Following the recent correspondence where the authors have rightly stated the need to take seriously the ethical issues under the COVID-19 vaccination, this paper highlights the ethical and legal impediments of ‘no-jab, no-job clause’ arising in many countries.
Corrado, Alessandra and Letizia Palumbo, ‘Essential Farmworkers and the Pandemic Crisis: Migrant Labour Conditions, and Legal and Political Responses in Italy and Spain’ in Anna Triandafyllidou (ed), Migration and Pandemics: Spaces of Solidarity and Spaces of Exception (Springer, 2022) 145–166 [OPEN ACCESS E-BOOK] Abstract: The agri-food system across Europe relies heavily on migrant labour. Border lockdowns during the Covid-19 pandemic immobilised thousands of foreign farmworkers, giving rise to fears of labour shortages and food production losses in EU countries. Farmers’ organisations sought institutional interventions to address this labour demand. Although migrant workers have become a fundamental component of core sectors in recent decades, it is only in the current health emergency that they were recognised as ‘essential’ workers. The chapter analyses the working conditions of migrant farmworkers alongside national debates and institutional interventions in Italy and Spain during the pandemic. It provides a critical comparative analysis of legal and policy interventions to address migrants’ situations of vulnerability. Both countries depend on important contingents of EU and non-EU migrant farmworkers, especially in fruit and vegetable production; moreover, they present common aspects in supply chain dynamics and labour market policies, but also specific differences in labour, migration and social policies. Both adopted measures to face the condition of irregularity of migrant workers in order to respond to labour demand in the agri-food sector and to provide these workers with safe working and living conditions during the pandemic. However, these interventions reveal shortcomings that significantly limit their impact and outcomes, calling into question to what extent migrant workers are really considered as ‘essential’ in a long-term perspective and, therefore, to what extent the current pandemic constitutes an opportunity for a new push to enforce labour and migrant rights.
Couch, Danielle L, Belinda O’Sullivan and Christina Malatzky, ‘What COVID‐19 Could Mean for the Future of “Work from Home”: The Provocations of Three Women in the Academy’ (2021) 28 (S1) Gender, Work & Organization 266–275 Abstract: The COVID‐19 pandemic saw academic labor rapidly shift into domestic spaces at the same time as households were ‘locked down.’ In this article, we offer an exploration of our own experiences of working from home as women and mothers in the academy. Inspired by feminist approaches to knowledge production and self‐reflection, we each developed a personal reflective narrative guided by three key questions centered on our experiences of working from home pre‐ and during the COVID‐19 pandemic, and what this may mean for the future of our work. We then collectively analyzed how our personal stories reflected different dimensions of the experience of working from home, and our fears and hopes for the future. We present three distilled themes from our collective experiences here with the aim of entering a dialog with others seeking to live feminist lives during this time, and beyond.
Cox, Caitríona L, ‘“Healthcare Heroes”: Problems with Media Focus on Heroism from Healthcare Workers during the COVID-19 Pandemic’ (2020) 46(8) Journal of Medical Ethics 510–513 Abstract: During the COVID-19 pandemic, the media have repeatedly praised healthcare workers for their ‘heroic’ work. Although this gratitude is undoubtedly appreciated by many, we must be cautious about overuse of the term ‘hero’ in such discussions. The challenges currently faced by healthcare workers are substantially greater than those encountered in their normal work, and it is understandable that the language of heroism has been evoked to praise them for their actions. Yet such language can have potentially negative consequences. Here, I examine what heroism is and why it is being applied to the healthcare workers currently, before outlining some of the problems associated with the heroism narrative currently being employed by the media. Healthcare workers have a clear and limited duty to treat during the COVID-19 pandemic, which can be grounded in a broad social contract and is strongly associated with certain reciprocal duties that society has towards healthcare workers. I argue that the heroism narrative can be damaging, as it stifles meaningful discussion about what the limits of this duty to treat are. It fails to acknowledge the importance of reciprocity, and through its implication that all healthcare workers have to be heroic, it can have negative psychological effects on workers themselves. I conclude that rather than invoking the language of heroism to praise healthcare workers, we should examine, as a society, what duties healthcare workers have to work in this pandemic, and how we can support them in fulfilling these.
Crichton, Adam, ‘Employment Law and COVID-19’ (2020) 42(6) Bulletin (Law Society of South Australia) 26 Abstract: It has long been said that Australia has a complex system of industrial relations. While there has been considerable work done to reduce and simplify industrial awards, the process of enterprise bargaining remains complex. As such, industrial relations reform has been hovering in the background for many years. The impact of the coronavirus (COVID-19) pandemic has seemingly heightened the awareness of the complexities in the system, and potentially triggered action on reform.
Cruz, Sherley, ‘Essentially Unprotected’ (2022) 96(4) Tulane Law Review 1–57 Abstract: Since the start of the COVID-19 pandemic, the American public relied on ‘essential’ low-wage workers to provide critical services and keep the public safe. COVID-19 has exposed cracks that lead to serious gaps in workplace protections for low-wage workers. Decades of exploitative employer practices and neglect from the federal government have left frontline low-wage workers essentially unprotected. Many of these workers are people of color and recent immigrants who have been disproportionately impacted by the virus due to structural racism and socio-economic barriers. This is particularly true in the meatpacking industry, where a legacy of poor working conditions, exploitation, and lack of federal oversight resulted in industry-wide COVID outbreaks infecting almost sixty-thousand workers. By applying a critical race theory lens and telling the story of the first worker to die after contracting COVID-19 at one of the world’s largest meatpacking plants, this Article unpacks the practices, policies, and narratives that allow low-wage industries, like U.S. meatpacking plants, to place profits over the lives of Black and Brown workers. This Article concludes by highlighting the lessons learned and providing recommendations to safeguard low-wage workers beyond this critical moment in time.
Cui, Wei, ‘Policy Forum: Non-Standard Employment and Canada’s Initial Pandemic Response’ (2021) 69(2) Canadian Tax Journal 475–486 Abstract: Despite public attention to gig workers and their potential mis-classification as independent contractors, much flexible work already takes place in the sphere of formal employment. The impact of the COVID-19 pandemic on the labour market suggests that non-standard employees may be even more vulnerable than the self-employed. This article suggests that traditional employment insurance and related programs inadequately serve flexible employees, and policies targeted at the intensive margins of employment are needed to help precarious workers.
Dari, Sukhvinder Singh, Ahmar Afaq and Amish Abdullah, ‘Labour Law Relaxations during COVID-19 and Child Rights Concerns with Special Reference to Child Labour in India’ (2022) 9(1) NIU International Journal of Human Rights 163–172 Abstract: Any country’s present and future economic progress is directly proportional to adequate human resource development in the forms of proper education to children and young adults, safety measures, legislative safeguards against exploitation and crimes and a holistic environment for their growth. However, with the onslaught of difficulties that were beyond prediction due to the COVID-19 pandemic, adversities like financial deceleration, reverse migration, cash crunch etc are at an all-time high, multiplying dilemmas for families with mouths to feed but no source of income. This combination of negative factors has caused the issue of child labour to take forefront again due to the massive rise in its numbers. Another major problem that worsened the employment apathy is the sudden change in labour laws, causing a return to the exploitative and unreasonable conditions of olden times where rights were all but theoretical. This article is an attempt to understand the parallelly-operating issues of child labour and labour law reforms’ adverse effects, comprehending the interplay of colliding factors like government impositions, operational stagnancy etc, highlighting reasons for the soaring issues, studying their impact on present and future conditions as well as providing possible suggestions to counter the troubles.
Daripa, Arupo, ‘India’s Lockdown and the Great Exodus: Some Observations’ in Monica Billio and Simone Varotto (eds), A New World Post COVID-19: Lessons for Business, the Finance Industry and Policy Makers (Ca’ Foscari University Press, 2020) 291–299 Abstract: The pandemic-induced lockdown in India caused a great exodus of millions of seasonal workers from cities, an impact for which the government was completely unprepared. This essay considers the socio-economic setting of the exodus, the potential economic and epidemiological impact, policy suggestions, and evaluation of the policy (non)response of the Indian government. We consider the underlying political economy of policy distortion and suggest ways that might enable incentive compatible corrections.
Das, Ishita, ‘The COVID-19 Pandemic and the Right to Development: A Tale of Two Worlds’ (2024) 17(2) Law and Development Review 453–482 Abstract: The COVID-19 pandemic has exposed several chinks in the armour of public health infrastructure across the world. However, the impact of the pandemic has been assessed primarily from the perspective of the ‘privileged’ members of society. The experiences of the ‘other’ world inhabited by the marginalised communities, who have had their livelihoods crushed under the weight of the pandemic, have been scarcely documented. As thousands of migrant workers were more scared of death caused by hunger rather than the disease itself, the various steps taken by different countries to curb community transmission have unveiled the ugly side of these measures. For example, as several states such as the US, the UK, Singapore, Hong Kong, and India/Bharat imposed lockdowns, border closures, quarantines, inter alia, the most vulnerable section of the human population has been the migrant workers, especially those individuals who were employed in the unorganised sector. Thus, the global health crisis has unravelled deep-rooted deficiencies, racial biases, and an overall lack of concern and empathy for the lesser privileged, apart from the growing socio-economic divide between the rich and the poor. This research paper aims to explore the impact of the COVID-19 pandemic on migrant workers in the informal sector by exploring the measures imposed by the US, the UK, Singapore, Hong Kong, and India/Bharat and analyse how their fundamental rights, including the right to development, were compromised. Through this paper, the author provides a five-point strategic framework that can be adopted globally to prevent such instances in the future.
Das Acevedo, Deepa, ‘Essentializing Labor Before, During, and After the Coronavirus Pandemic’ (SSRN Scholarly Paper ID 3666534, 3 August 2020) Abstract: In the era of COVID-19, the term ‘essential labor’ has become part of our daily lexicon. Between March and May, 2020, essential labor was not simply the only kind of paid labor occurring across most of the United States, it was also, many argued, the only thing preventing utter economic and humanitarian collapse. As a result of this sudden significance, legal scholars, workers’ advocates, and politicians have scrambled to articulate exactly what makes essential labor ‘essential.’ Some commentators have also argued that the rise of essential labor as a conceptual category disrupts—or should disrupt—longstanding patterns in the way the nation regulates work. Contrary to this emerging narrative, this Article argues that essentiality is not at all new to the way we conceptualize and regulate labor in the United States. If anything, essential labor replicates and exacerbates an attitude that has always been central to American work law: the idea that work should be measured, classified, regulated, and remunerated according to how much it benefits someone other than the worker. The only thing that has changed as a result of the coronavirus pandemic is the referent in this analysis: essential to whom? Before the pandemic, the United States considered work to be essential when it was essential to the employer; during the pandemic, essential labor has come to mean tasks that are essential to society as a whole. In neither scenario is the relationship between the worker and their work at the center of legislation, adjudication, or business operations.This Article therefore offers a novel proposal: a worker-centric analysis demonstrates that, in the United States, labor is always essential to the worker. This is both legally true, in the sense that this country ties physical and financial well-being to employment status more than any other highly developed nation, and it is morally true, in that social science scholarship and human rights discourse have established the critical relationship between work and human flourishing. In light of this, the Article contends that the longstanding and idiosyncratically American concept of ‘at-will’ employment, whereby work relationships can be terminated upon no notice and for any reason, fails because it neglects to account for the extent to which labor is essential to workers. Relinquishing the concept of at-will employment will not by itself solve all the problems bedeviling American work law, but it is an important and necessary first step toward fixing those problems, and toward implementing the true labor and employment law lesson of COVID-19.
Das Acevedo, Deepa, ‘Searching For Silver Linings During COVID-19’ (SSRN Scholarly Paper ID 3568750, 4 April 2020) Abstract: This short essay responds to currently circulating suppositions about how COVID-19 will impact—specifically, will improve—working conditions in America once the pandemic has concluded. I argue that these predictions are cautiously optimistic, rationally deduced from ongoing events, and thoroughly unlikely to be realized. As world-transforming as COVID-19 has already proven to be, I show that both governmental and corporate responses to date do not support optimistic assessments as to the pandemic’s effects on labor and employment law in the United States. I also respond to various analogies that have been drawn to previous world-transforming events as a way of supporting the idea that the pandemic will change working conditions in America for the better, and I show why either those analogies rely on bad history or are simply faulty in the way they compare previous events to COVID-19. The lesson—because even in these difficult times, papers by academics must have lessons—is as grim as the news about the virus itself: America’s problematic labor system is far more resilient than the workers who suffer because of it.
Dastyari, Azadeh and Catherine Renshaw, ‘Frontline Workers as Human Rights Defenders: Protecting the Human Rights of Frontline Workers in Australia during the COVID-19 Pandemic’ [2020] (6) UNSW Law Journal Forum 1–12 Abstract: During the first months of the COVID-19 pandemic, as state and territory governments in Australia attempted to curb the spread of the coronavirus, attention was focused on a group that came, globally, to be known as ‘frontline workers’, which included health workers. In this article, we interrogate the construction of health workers as ‘frontline workers’ during the COVID-19 pandemic. We argue that this framing supported the narrative that the dangers to which health workers were exposed, which included threats to their lives and wellbeing, was an unfortunate but inevitable part of the war against the common enemy (COVID-19). The effect was to divert attention from what should have been the primary focus: ensuring that health workers had the equipment and conditions to carry out their jobs safely and effectively. We argue that an alternative and more appropriate understanding of the role of health workers during a pandemic – and the COVID-19 pandemic in particular – is that health workers are human rights defenders.
Davies, James, ‘Algorithms, Bias and Employment Law’ (2020) 25(10) Employment Law Bulletin 114–118 Abstract: In the summer of 2020, the use of algorithms hit the headlines in the United Kingdom (UK) after they had effectively replaced conventional school examination results for the purpose of determining whether students met the requirements for their chosen university course. As COVID-19 restrictions prevented examinations from taking place, the British education authorities turned to predictive software to calculate students’ results. The resultant controversy included claims by the Shadow Attorney General in the UK, Lord Falconer, that the algorithm discriminated unlawfully. This threw the spotlight on a development that has become increasingly relevant for employers over recent years: there has been a rapid growth in the use of algorithms in employment contexts, particularly recruitment. Algorithms are now being used in interviews, for example, to assess candidates on their facial and vocal expressions. ‘Chatbots’ are replacing people in conducting interviews and ‘textbots’ are communicating with candidates by email or SMS. The use of algorithms and artificial intelligence (AI) is not only moving higher up the recruitment funnel to decisions about selection, for increasingly senior roles, but they are also being deployed on other HR matters such as redundancies, performance dismissals, promotions and reward.
De Camargo, Camilla and Lilith A Whiley, ‘“There’s Always Got to Be a Villain”: The Police as “Dirty” Key Workers and the Effects on Occupational Prestige’ (2022) 32(5) Policing and Society 646–663 Abstract: The COVID-19 pandemic has afforded the opportunity for key workers in some traditionally ‘dirty’ occupations to experience elevated levels of prestige. Although public perceptions of certain key workers have evolved in this way not all occupations have benefitted from comparable narratives. Using data from 18 police officer interviews, we theorise that the police are constructed as the ‘villains’ of the pandemic, tasked with the ‘dirtier’ responsibilities of enforcing rules that transgress societal order (as opposed to ‘heroes’ performing the more prestigious functions such as saving lives). For this reason, they have not benefitted from the same esteem markers awarded to other key workers, which in turn has had a detrimental effect on their morale. Gratitude, especially experienced via public markers of esteem symbolic of the pandemic, was salient in participants negotiating their ‘dirt’ and occupational prestige.
De Pauw, Bruno and Herwig Verschueren, ‘The Framework Agreement on the Applicable Social Security Law in Case of Habitual Cross-Border Telework after the Pandemic’ [2023] ERA Forum (advance article, published online 16 October 2023) Abstract: Since the COVID-19 pandemic, the prevalence of telework has significantly increased, including for those employees who work across borders. However, cross-border teleworking within the EU has some legal consequences, more specifically for the determination of the applicable social security legislation. Indeed telework could lead to a change in the applicable social security legislation, with consequences for the employee’s and the employer’s rights and duties. This article first examines the measures that were taken during and shortly after the pandemic in order to avoid such change. Next, it analyses the Framework Agreement that was concluded by a number of Member States on this issue and that is applicable for the coming period.
Derek, Miller et al, ‘Overview of Legal Measures for Managing Workplace COVID-19 Infection Risk in Several Asia-Pacific Countries’ (2021) Safety and Health at Work (advance article, published 26 August 2021) Abstract:
Background: Despite the lack of official COVID-19 statistics, various workplaces and occupations have been at the centre of COVID-19 outbreaks. We aimed to compare legal measures and governance established for managing COVID-19 infection risks at workplaces in nine Asia and Pacific countries and to recommend key administrative measures.
Methods: We collected information on legal measures and governance both general citizens and workers regarding infection risks such as COVID-19 from industrial hygiene professionals in nine countries (Indonesia, India, Japan, Malaysia, New Zealand, Republic of the Philippines, Republic of Korea, Taiwan, and Thailand) using a structured questionnaire.
Results: A governmental body overseeing public health and welfare was in charge of containing the spread and occurrence of infectious diseases under an infectious disease control and prevention act or another special act, although the name of the pertinent organizations and legislation vary among countries. Unlike in the case of other traditional hazards, there have been no specific articles or clauses describing the means of mitigating virus risk in the workplace that are legally required of employers, making it difficult to define the responsibilities of the employer. Each country maintains own legal systems regarding access to the duration, administration, and financing of paid sick leave. Many workers may not have access to paid sick leave even if it is legally guaranteed.
Conclusion: Specific legal measures to manage infectious disease risks, such as providing proper personal protective equipment, education, engineering control measures, and paid sick leave are recommended to be stipulated in occupational safety and health related acts.
Dhuru, Neha, ‘Impact of COVID-19 on the Labour Force: An Overview of the Labour Laws in India and, What Lies Ahead’ (SSRN Scholarly Paper No ID 3655554, 18 May 2020)Background: Despite the lack of official COVID-19 statistics, various workplaces and occupations have been at the centre of COVID-19 outbreaks. We aimed to compare legal measures and governance established for managing COVID-19 infection risks at workplaces in nine Asia and Pacific countries and to recommend key administrative measures.
Methods: We collected information on legal measures and governance both general citizens and workers regarding infection risks such as COVID-19 from industrial hygiene professionals in nine countries (Indonesia, India, Japan, Malaysia, New Zealand, Republic of the Philippines, Republic of Korea, Taiwan, and Thailand) using a structured questionnaire.
Results: A governmental body overseeing public health and welfare was in charge of containing the spread and occurrence of infectious diseases under an infectious disease control and prevention act or another special act, although the name of the pertinent organizations and legislation vary among countries. Unlike in the case of other traditional hazards, there have been no specific articles or clauses describing the means of mitigating virus risk in the workplace that are legally required of employers, making it difficult to define the responsibilities of the employer. Each country maintains own legal systems regarding access to the duration, administration, and financing of paid sick leave. Many workers may not have access to paid sick leave even if it is legally guaranteed.
Conclusion: Specific legal measures to manage infectious disease risks, such as providing proper personal protective equipment, education, engineering control measures, and paid sick leave are recommended to be stipulated in occupational safety and health related acts.
Abstract: The brief of this paper is to analyse the impact of COVID-19 on the workforce of the Indian economy. It, therefore, conceptualizes the notion of labour and probes into labour’s substantive and significant role in the functioning of an economy. After reviewing the labour-centric legislations in India (pre- and post-Independence) the paper searches for the common thread that should run through the chronological varied legislations. The paper engages with the anticipated crises that COVID-19 is expected to unleash on the labour force. The paper winds up with the writer’s inferences and suggestions.
Dickerson, Mechele, ‘Protecting the Pandemic Essential Worker’ (2022) 85(2) Law and Contemporary Problems 177–199 Abstract: This Article opens by briefly discussing COVID-19 essentiality declarations in Part II. Part III then describes the typical F2F essential worker: a low wage Black, Indigenous, Person of Color (BIPOC) who does not have a bachelor’s degree. Part III notes that the people who can work from home (WFH) are disproportionately white and upper income and that occupationally segregated U.S. workforces posed significant health risks for low wage essential F2F workers during the pandemic. This Part stresses, however, that the social determinants of health (SDOH), not skin color or health co-morbidities, caused higher COVID19 infection and mortality rates for BIPOC workers. Part IV describes the limited contractual protections low wage essential F2F workers have and shows how being an at-will and non-unionized worker has always made it harder for these workers to convince businesses to implement safety protections. To ensure essential F2F workers who perform jobs that become potentially lethal because of essentiality declarations are better protected during the next pandemic, Part V urges state and federal agencies to prepare default PEW regulations that would protect workers. Businesses could adopt those rules or prepare their own PEW protection plan if they negotiate those pandemic workplace safety rules with workers or bargaining units. Finally, because essential businesses that were allowed to remain open received competitive market advantages over non-essential businesses, Part VI concludes by arguing that they should be taxed on any excess profits they earn during a pandemic. Revenues generated from this tax should be used to pay for pandemic infrastructure—like improved data collection systems—to help close health disparity gaps, and to subsidize the costs smaller or non-essential businesses incur to implement health and safety procedures.
Djatmiko, Agoes and Elisabeth Pudyastiwi, ‘Legal Protection for Workers That Have Been Terminated During the Covid-19 Pandemic’ (2022) 8(2) Jurnal Komunikasi Hukum (JKH) 744–750 Abstract: This study aims to determine legal protection for workers who experience layoffs during the covid-19 pandemic. In this study, the type of research used is normative legal research using legal material collection techniques in the form of document studies or literature studies. The approach used in this research is a statutory approach and the sources of legal materials used are primary legal materials, secondary materials, and tertiary legal materials. The results of the study indicate that Termination of Employment has a negative impact on workers because they lose their jobs so that it also has an impact on increasing the poverty level of the Indonesian people. Due to the emergence of PSBB regulations from the government, of course, the space for work is getting narrower and layoffs are increasingly happening, therefore the regulation of Law no. 13 of 2003 concerning Manpower and also the role of the government is very important to overcome the occurrence of layoffs that are not in accordance with the laws and regulations.
Dolynska, Mariіa et al, ‘Some Aspects of Legal Regulation of Remote Working Conditions in Some Countries of the European Union and in Ukraine during the Fight against the Covid-19 Pandemic’ [2024] (6) JusOnline 84-94 Abstract: The article deals with the issues of legal regulation of remote work in some countries of the European Union and in Ukraine. The main act of the European Union dedicated to remote work is the 2002 European Framework Agreement on Telework. The above European act was the beginning of the implementation process for the introduction of remote work in the field of labour law. Confidentiality and labor protection are important principles of the European Telework Agreement. Problem formulation: The issues of legal regulation of telework in connection with the latest changes in labour legislation, which are primarily related to the fight against the COVID19 pandemic, remain insufficiently studied. The purpose of the study: The aim of the article is to investigate the acts on establishing the conditions of telework in some countries of the European Union, including amendments to Ukrainian labour legislation on the legal regulation of telework, in particular, during the fight against the COVID-19 pandemic. In Ukraine, the legal regulation of remote work was introduced as a concept only in 2020. The main results of the study: The authors of the article suggest to supplement the twelfth part of Article 60-2 of the Labor Code of Ukraine with the following sentences. Based on the application of the employee (who has the right to work remotely), the owner or a person authorised by him, are obliged to conclude a written employment contract with him for the right to perform remote work, and an appropriate order is issued. The owner’s refusal is considered justified in the case when the work performed by the employee cannot be performed remotely, and if the owner and / or the employee do not have the means and resources to introduce remote work.
Dubash, Sabrina, ‘UC, SEISS Payments and Automatic Reclaims’ (2020) 277 Welfare Rights Bulletin 7–8 Abstract: Discusses the Universal Credit (Coronavirus) (Self-employed Claimants and Reclaims) (Amendment) Regulations 2020 on how money paid under the Self-Employed Income Support Scheme (SEISS) should be treated for the purposes of universal credit (UC) assessment and how UC can be reclaimed.
Duff, Michael C, ‘New Labor Viscerality? Work Stoppages in the “New Work,” Non-Union Economy’ St Louis University Public Law Review (forthcoming) Abstract: The COVID-19 work stoppages involving employees refusing to work because they are fearful of contracting coronavirus provides a dramatic opportunity for newer workplace law observers to grasp a well-established legal rule: both unionized and non-union employees possess rights to engage in work stoppages under the National Labor Relations Act. This article explains that employees engaging in concerted work stoppages, in good faith reaction to health and safety dangers, are prima facie protected from discharge. The article carefully distinguishes between Section 7 and Section 502 work stoppages. Crucially, and contrary to Section 502 work stoppages, the health and safety-related work stoppages of non-union employees, protected by Section 7, are not subject to an ‘objective reasonableness’ test.Having analyzed the general legal protection of non-union work stoppages, and noting that work stoppages have been on the increase during the last two years, the article considers when legal protection may be withdrawn from such concerted activities because employees repeatedly and unpredictably engage in them—so called ‘unprotected intermittent strikes.’ Discussing a recent NLRB decision, the article argues for an explicit and strengthened presumption of work stoppage protection for employees who are wholly unaffiliated with a union, even when those employees engage in repeated work stoppages in response to discrete workplace disputes or dangers.Next, the article grapples with looming work stoppage issues emerging from expansion of the Gig economy. When workers are not ‘employees,’ peaceful work stoppages may become increasingly subject to federal court injunction. The Norris-LaGuardia Act (the venerable 1932 federal anti-injunction law) does not by its terms apply to non-employees, possibly including putative non-employee Gig workers, raising the specter of a new era of ‘Government by Injunction.’ Under existing antitrust law, non-employee workers may be viewed as ‘independent businesspeople’ colluding through work stoppages to ‘fix prices.’ The article argues that First Amendment avoidance principles should guide Sherman Act interpretation when non-employee worker activity does not resemble price fixing; and that, consistent with liability principles articulated in the Supreme Court’s recent opinion in Sessions v. Dimaya, antitrust law’s severe penalties should not be applied to Gig workers given the ambiguities in federal and state law employee definitions.Finally, the article considers the potential for non-union private arbitration agreements exercising restraints on the NLRA rights of employees to engage in work stoppages in light of the Supreme Court’s labor law-diminishing opinion in Epic Systems.
Duffy, Gillian, ‘Prepare to Have Right on Your Side When Making Efficiency Savings’ (2020) 213(September) Employment Law Journal 42–44 Abstract: Offers advice for businesses on how to maintain reputation, and protect employees, customers and values, when forced to make redundancies and pay-cuts as a result of the recession following the coronavirus pandemic.
Duman, Anil, ‘Wage Losses and Inequality in Developing Countries: Labor Market and Distributional Consequences of COVID-19 Lockdowns in Turkey’ (SSRN Scholarly Paper ID 3645468, 7 July 2020) Abstract: We develop a possibility to work index (PWI) taking the ability to work from home and workplace closures into account. By using the data from the HLFS in Turkey, we examine the individual level determinants of PWI. Our findings reveal that PWI and ability to work from home are significantly different, and essential or closed jobs are not necessarily concentrated at the bottom of the wage distribution. Therefore, from a policy perspective, PWI can be a more encompassing measure of risk and can assist the public authorities to design better targeted social policies. Our results also point out that wage inequality is likely to deteriorate as a result of the supply shocks from confinement policies. However, the overall negative distributional effects of lockdown and disparity between employees in different economic activities become more substantial with duration. These suggest that in order to avoid major increases in earning inequalities and related social problems, governments would be better off with shorter and stricter lockdowns.
Dwoskin, Linda B and Melissa Bergman Squire, ‘Revisiting Background Check and Drug Testing Obligations as Hiring Ramps Up After COVID-19’ (2021) 47(3) Employee Relations Law Journal 50–64 Abstract: As businesses reopen and COVID-19 restrictions loosen, help-wanted signs adorn many a shop window, and many employers are struggling to fill jobs. Given the anticipated and very welcome hiring surge, it makes sense for employers to re-familiarize themselves with the various rules which come into play in the hiring context. Conducting background checks, criminal history checks, credit checks, and drug screens are extremely common practices and, if done right, are critical to ensuring a successful hire. Full compliance with the myriad and detailed rules in this area is a challenge, however, and employers that misunderstand their obligations, commit even minor mistakes, or rely blindly on third parties for conducting these checks, can end up enmeshed in very costly litigation. This article addresses the rules and regulations at the federal level, including the Fair Credit Reporting Act (‘FCRA’), as well as federal and state restrictions on criminal history checks and credit checks, and provides practical guidance with regard to handling background checks. This article concludes with a discussion of preemployment testing for marijuana usage and practical advice in this area.
Edwards, Lilian, ‘“No Jab, No Job”? Employment Law and Mandatory Vaccination Requirements in the UK’ (SSRN Scholarly Paper ID 3955933, 3 November 2021) Abstract: Many countries have introduced vaccine certificates or ‘passports’ during the COVID crisis as a means to regulate entry to bars, public spaces etc in the interests of public health. Such strategies have been controversial but especially so where they act as mandates to exclude from employment : ‘no jab, no job’. This working paper explores from a UK perspective (including the sub legal system of Scotland) whether it is legitimate to exclude workers from their jobs on grounds of vaccine hesitancy or opposition.
Eichhorst, Werner, Anton Hemerijck and Gemma Scalise, ‘Welfare States, Labor Markets, Social Investment and the Digital Transformation’ (IZA Discussion Paper No 13391, 22 June 2020) Abstract: Barely having had the time to digest the economic and social aftershocks of the Great Recession, European welfare states are confronted with the even more disruptive coronavirus pandemic as probably, threatening the life of the more vulnerable, while incurring job losses for many as the consequence of the temporal ‘freezing of the economy’ by lockdown measures. Befor the Covid-19 virus struck, the new face of the digital transformation and the rise of the ‘platform’ economy already raised existential questions for future welfare provision. The Great Lockdown - if anything - is bound to accelerate these trends. Greater automation will reinforce working from home to reduce Covid-19 virus transmission risks. At the same time, the Great Lockdown will reinforce inequality, as the poor find it more difficult to work from home, while low-paid workers in essential service in health care, supermarket retail, postal services, security and waste disposal, continue to face contagion risks. And although popular conjectures of ‘jobless growth’ and ‘routine-biased’ job polarization, driven by digitization and artificial intelligence, may still be overblown, intrusive change in the nature of work and employment relations require fundamental rethinking of extant labour market regulation and social protection. Inspired more by adverse family demography than technological change, social investment reform has been the fil rouge of welfare recalibration since the turn of the century. Is social investment reform still valid in the new era of ‘disruptive’ technological transformation in aftermath of Coronavirus pandemic that is likely to turn into the worst recession since the second world war? Empirically, this chapter explores how Germany, Italy and the Netherlands, in terms of the strengths and vulnerabilities of their labour market to digitization, together with their respective social investment aptitude, are currently preparing their welfare states for the intensification of technological change in the decade ahead.
Elsayed Eldessouky, Mohamed, ‘Labor Relationships in the Light of the COVID-19 Pandemic Law’ (2020) 16 Balkan Social Science Review 55-70 Abstract: There is no doubt that the COVID-19 pandemic, and government measures aimed at preventing the spread of the disease, have had a major impact on many areas, including tourism, aviation, hotels, restaurants, and factories, which have had an impact on work contracts in effect when the epidemic occurred. This paper exposes the most important effects of measures that countries have decided on to reduce the spread of COVID-19. Some of these measures led to the availability of the conditions of force majeure, in cases that lead to the impossibility of implementing labor contracts, whether it was a permanent or temporary impossibility, in whole or in part. On the other hand, other measures have created conditions for applying the theory of unpredictability that led to rebalancing the obligations and rights of employers and workers so that workers alone do not bear the all of the negative consequences of these measures, thus it is important to highlight the role of the state in compensating employers for their losses that were paid in workers' salaries. This paper also includes the adequacy of the current labor and social security laws to address the effects of epidemics on workers and employers, and concludes with a number of recommendations related to amending labor and social insurance laws to fill the legislative deficiency related to labor relations and protect workers in times of epidemics.
Erikson, Merle, ‘Mandatory Vaccination against COVID-19 in the Employment Relationship’ (2022) 15(2) Italian Labour Law e-Journal 37–49 Abstract: In light of the recent COVID-19 pandemic, the paper analyzes mandatory vaccination in employment relationships in European countries. The paper focuses on three subtopics: who is competent to establish the mandatory vaccination requirement, in which positions mandatory vaccination is justified, and what the employer can do if the employee refuses the mandatory vaccination. The paper concludes that since the obligation to vaccinate significantly infringes on the employee’s fundamental rights, such a requirement can preferably be imposed by the state, and it must always be purposeful, appropriate, and proportionate. Vaccination can be mandatory in areas of activity determined by the state and workplaces where the employee is constantly and unavoidably in close contact with other persons. Since COVID-19 is a new and changing disease, and vaccination does not prevent infection, refusal of vaccination cannot be the basis for terminating an employee’s employment contract.
Erowati, Eti Mul and Ikama Dewi, ‘Discontinuation of Work Relationship In The Pandemic Time Covid-19 In Indonesian National Law’ (2021) 20(1) Media Komunikasi FPIPS 26–32 Abstract: The corona virus pandemic has shaken not only Wuhan, but also the world. This virus has spread widely to almost all countries in a short time. Meanwhile, in Indonesia the corona virus began to be detected when two Indonesian citizens (WNI) tested positive for the corona virus on March 1, 2020. The two Indonesians had previously had contact with a foreign national (WNA) from Japan who lived in Malaysia at an event. in Jakara. Based on data up to April 20, 2020, the number of victims due to the corona virus was 6,760 cases. A total of 590 of them died and 747 people were declared cured. Termination of Employment (PHK) is something that is very feared by employees. This is due to the chaotic economic conditions which have an impact on many companies that have to go out of business, and of course have an impact on the unilateral termination of employment by employers. To protect workers’ rights due to layoffs, the Government as one of the elements in carrying out industrial relations has provided legal protection guarantees for workers whose employment has been terminated by employers as regulated in Chapter XII, precisely in Article 150-172 of Law Number 13 of 2003 concerning Manpower.
Estrada, Ruiz and Mario Arturo, ‘Can COVID-19 Shows Income Inequality?’ (SSRN Scholarly Paper ID 3638160, 29 June 2020) Abstract: This paper attempts to investigate the existence of a correlation between COVID-19 and income inequality. This research paper’s primary objective is to prove that the fast expansion of COVID-19 cases can be related to the income inequality levels in any country. However, this paper is not looking at economic growth. We focus on how people benefit from this economic growth through the income (re)distribution among different social groups in the same country. According to the World Health Organization (WHO), the top countries with more COVID-19 infected cases, such as the U.S., Brazil, Russia, India, United Kingdom, Peru, Chile, Spain, Italy, and Iran. According to our preliminary results from the ten countries in mention, we can observe the sad reality of income inequality worldwide. Therefore, the COVID-19 can be an alternative parameter to evaluate the income inequality. Finally, this the paper tries to present policies and recommendations to solve income inequality from a holistic approach.
Estupinan, Xavier and Mohit Sharma, ‘Job and Wage Losses in Informal Sector Due to the COVID-19 Lockdown Measures in India’ (SSRN Scholarly Paper ID 3680379, 25 August 2020) Abstract: This paper estimates the job and wage losses of workers, using the lens of informality, due to lockdown measures undertaken by the Government of India to tackle the spread of COVID-19. It focuses on the first two lockdowns when containment measures in India were most stringent in the world. We estimate that 104 million and 69.4 million informally employed workers were at risk of job loss in Lockdown 1.0 and Lockdown 2.0 respectively. Informal workers lost more wages, 22.6 percent, than formal workers, 3.6 percent. Workers informally employed in unorganised sector suffered a wage loss, amounting to Rs. 635.53 billion, which is almost equivalent to annual union budget allotted for employment guarantee scheme MGNERGA in 2020-2021. The prevalence of informal labour markets calls for a larger change in the social protection framework to deal with the uncertain economic situation like the one we are facing today.
European Labour Law Journal: COVID-19 and Labour Law This advance online issue includes the following open access or free access articles, all published on 6 July 2020):
* COVID-19 and Labour Law in Belgium by Frank Hendrickx, Simon Taes and Mathias Wouters
- Covid-19 and Labour Law in France by Tatiana Sachs
- Covid-19 and Labour Law in Germanyby Adam Sagan and Christian Schüller
- Covid-19 and Labour Law in Irelandby David Mangan
- Covid-19 and Labour Law in Italyby Marco Biasi
- Covid-19 and Labour Law in Luxembourgby Luca Ratti
- Covid-19 and Labour Law in the Netherlandsby Hanneke Bennaars
- Covid-19 and Labour Law in Spain by Manuel Antonio García-Muñoz Alhambra
- Covid-19 and Labour Law in the United Kingdom by David Mangan
Abstract: In this article, we consider how Covid-19 revealed the extent to which, in Britain, the core functions of labour law have been compromised by successive governments stretching back to the 1980s and how workers collectively have been failed as a result by a discipline intended ostensibly in their interests. We seek to measure these deficits against a set of core normative principles rooted in ILO standards which we believe underpin labour law as a discipline of worker protection. We look first at the exploitation of critical workers; second at the failure generally to make adequate provision for income security; and third at issues relating to health and safety at work. Our consideration of these issues addresses both the substantive law and the means for its enforcement. Having considered the systemic failures and lack of resilience of British labour law in this article, we intend to return to the theme in Part II at a later date to address the lessons learned and the overhaul which the pandemic has revealed to be necessary.
Farre, Lidia et al, ‘How the Covid-19 Lockdown Affected Gender Inequality in Paid and Unpaid Work in Spain’ (IZA Discussion Paper No 13434, 7 July 2020) Abstract: The covid-19 pandemic led many countries to close schools and declare lockdowns during the Spring of 2020, with important impacts on the labor market. We document the effects of the covid-19 lockdown in Spain, which was hit early and hard by the pandemic and suffered one of the strictest lockdowns in Europe. We collected rich household survey data in early May of 2020. We document large employment losses during the lockdown, especially in "quarantined" sectors and non-essential sectors that do not allow for remote work. Employment losses were mostly temporary, and hit lower-educated workers particularly hard.Women were slightly more likely to lose their job than men, and those who remained employed were more likely to work from home. The lockdown led to a large increase in childcare and housework, given the closing of schools and the inability to outsource. We find that men increased their participation in housework and childcare slightly, but most of the burden fell on women, who were already doing most of the housework before the lockdown. Overall, we find that the covid-19 crisis appears to have increased gender inequalities in both paid and unpaid work in the short-term.
Fasani, Francesco and Jacopo Mazza, ‘Being on the Frontline? Immigrant Workers in Europe and the Covid-19 Pandemic’ (IZA Discussion Paper No 13963, 28 December 2020) Abstract: We provide a first timely assessment of the pandemic crisis impact on the labour market prospects of immigrant workers in Europe by proposing a novel measure of
Faustin, Muhire, ‘A Critical Analysis of Legal Protection of Occupational Safety and Health of Workers during COVID-19 Outbreak in Rwanda’ (SSRN Scholarly Paper No 4193647, 18 August 2022) Abstract: Despite the introduction of occupational safety and health of workers at the work place in Rwanda within the context of constitution, law establishing the general statute governing public servants, law regulating labour in Rwanda, Ministerial Order n°02 of 17/05/2012 determining conditions for occupational health and safety, among others, there exist some limitations in the protection of occupational safety and health of workers at workplace especially during pandemics like COVID-19 in Rwanda .With the use of doctrinal and critical analysis methods, the study revealed there is no substantive legislative framework which materialize fully the protection of workers’ safety and health within a pandemic like COVID-19 in Rwanda. The study suggests that, Rwanda has to embrace and adopt effectively the WHO guidelines and ILO standards on Occupational Safety and Health of workers as both guidelines can offer an advanced guidance in regard to protection of Occupational Safety and Health of workers, during the period of the pandemic and other likely pandemics. The Rwandan legislator therefore, has to revise the existing related legal framework to reinforce the protection of workers at work places during the outbreak of pandemics such as COVID-19.
Fay, Daniel L and Adela Ghadimi, ‘Collective Bargaining during Times of Crisis: Recommendations from the COVID-19 Pandemic’ (2020) 80(5) Public Administration Review 815–819 Abstract: The COVID-19 pandemic dramatically changed employment across sectors in 2020. This Viewpoint essay examines public sector labor relations during the pandemic and describes the impact bargaining process that is used to protect public employees. The authors draw on their own experience with impact bargaining negotiations and the public labor relations, conflict management, and civil service reform literatures to develop recommendations for public union labor leaders during times of crisis. They suggest that public unions have an important role in crisis management but must act strategically to develop good working relationships with leadership and successfully negotiate employee protections in uncertain times.
Fayyad, Mahmoud and Abdel Raouf Al-Sinnawi, ‘COVID-19 Impact on Labour Relations in Palestine, the Need for Legal Reform’ (2021) 7(11) Heliyon Article e08313 Abstract: This research aims to examine how lawful the measures taken by employers against workers are in the context of the COVID-19 pandemic, and to assess performance of the Ministry of Labour (MoL) and various trade unions in representing workers’ interests.
Fazlioglu, Müge, ‘Privacy in the Wake of COVID-19: Remote Work, Employee Health Monitoring and Data Sharing’ (International Association of Privacy Professionals, iapp Report, May 2020) 1–38 Introduction: Considering the rapid and massive changes underway, the IAPP and EY launched a research initiative to gain more insight into the unique ways privacy and data protection practices have been affected by the pandemic. The initial phase of the project included a survey of privacy professionals, taking a deeper look at how organizations, in general, and privacy programs, in particular, are handling the privacy and data protection issues that have emerged alongside COVID-19, such as privacy and security issues related to working from home, monitoring the health of employees, and sharing data with governments, researchers and public health authorities. It also looks at the unique economic impact of the crisis on the privacy profession. A total of 933 respondents completed the survey, and responses were collected between April 8 and 20.
Febriharini, Mahmuda Pancawisma and Benny Bambang Irawan, ‘The Role of the Government in Providing Legal Protection to Workers That Was Laid Off Due To The COVID-19 Pandemic’ (2022) 6(1) UNTAG Law Review 39–51 Jurisdiction: Indonesia
Abstract: This study aims to determine the role of the government in providing legal protection to workers who have been laid off due to the COVID-19 pandemic. The impact of Covid 19 has shaken the Indonesian economy and of course the biggest impact is felt in industrial relations, both macro and micro. Many companies are threatened with the continuity of their production, which has an impact on the survival of our workers. Many have been laid off with wages not paid in full. To support the welfare and continuity of work for workers as well as to support workers who have been laid off due to Covid-19, the Government has issued various incentives for employers and workers, namely in the form of cash assistance in the form of Wage Subsidy Assistance (BSU) and issuing pre-employment cards that aims to provide training, namely to provide skills that can be used for industrial and entrepreneurship needs.
Federico, Giacomo Di, ‘COVID-19 and Labour Law: Free Movement of Healthcare Personnel within the EU’ (2020) 13(1S) Italian Labour Law e-Journal 1–4 Abstract: Despite the Union’s limited competences in the field of healthcare, the European Union has promptly tried to contrast the negative effects resulting from the disorderly reaction of the Member States to the COVID-19 pandemic, to begin with those most likely to impinge on the proper functioning of the internal market. This report examines the Guidelines elaborated by the Commission in the aftermath of the sanitary crisis with particular regard to the free movement of healthcare personnel.
Ferguson, Daniel, ‘Coronavirus: Returning to Work’ (House of Commons Library, Briefing Paper No CBP 8916, 10 July 2020) Abstract: This Commons Library Briefing Paper discusses issues relating to returning to work as the Government to re-opens parts of the economy. It provides an overview of relevant health and safety law and a discussion of recent Government guidance on working safely in the context of Covid-19. It also includes a discussion of the positions in Scotland, Wales and Northern Ireland.
Ferguson, Daniel, ‘Worker Exploitation in UK Clothing Supply Chains’ (House of Commons Library, Insight, 8 July 2020) Abstract: On Saturday 4 July, the Government imposed a local lockdown in Leicester following a significant rise in the number of Covid-19 cases in the area. Campaign groups argued that poor working conditions in garment factories contributed to the spread of the virus. This Insight discusses exploitation in UK garment factories, how workers’ rights are enforced, and the calls to make companies responsible for rights violations in their supply chains.
Firdaus, Sunny Ummul, ‘The Urgency of Legal Protection for Medical Workers in Combating COVID-19 in Indonesia’ (2022) International Journal of Human Rights in Healthcare (advance article, published online 10 February 2022) Abstract: This paper explores the reasons why Indonesia must have legal regulations to provide protection and guarantees for health workers in carrying out the profession in overcoming corona virus disease (COVID-19). This paper also explains the legal regulations as the foundation for today’s medical workers’ protection. This paper also aims at providing an ideal legal construction that safeguards the rights and obligations of health workers in overcoming COVID-19.
de Flamingh, Jack and John Casey, ‘Firefighting or Reform?: The Industrial Response to COVID-19’ (2020) 73 LSJ: Law Society of NSW Journal 74–76 Abstract: Employment law is dynamic, often changing with the political winds. In 2020, however, the winds of change were swift, and driven by the COVID-19 pandemic. In a two-part series in the May and June editions of LSJ, we examined the Fair Work Commission and Federal Government’s initial responses to the crisis. Now, as a year like no other draws to a close, we summarise the most recent, and active, changes before concluding with an eye on what might come next.
de Flamingh, Jack and James Connolly, ‘Employment Law: COVID-19: Employment Law Responds’ (2020) 66 LSJ: Law Society of NSW Journal 71-73 [part one of two] Abstract: In this article, we explore the Federal Government’s response to COVID-19 in the form of the JobKeeper program. Described by Prime Minister Scott Morrison as ‘the biggest economic lifeline in Australia’s history’, it is a program of fiscal stimulus that, at its core, utilises the employment relationship to assist distressed businesses and its employees.
de Flamingh, Jack and James Connolly, ‘Employment Law: COVID-19: The Fair Work Commission Responds’ (2020) 67 LSJ: Law Society of NSW Journal 71-73 [part two of two] Abstract: The Fair Work Commission (‘FWC’) has responded to the COVID-19 crisis by amending modern awards to increase the flexibility available to businesses. Some 99 modern awards have been varied to include two weeks’ unpaid pandemic leave and additional flexibility in relation to annual leave. The FWC is experiencing a significant increase in its caseload as a result of COVID-19, including unfair dismissals.
de Flamingh, Jack and Kate Curtain, ‘Mandatory Covid-19 Vaccinations: Are They Lawful?’ [2021] (82) LSJ: Law Society of NSW Journal 69–71 Abstract: Some employers can require employees to be vaccinated. The Fair Work Ombudsman has updated its guidance for employers and employees. Generally an employee cannot refuse work because colleagues are not vaccinated.
de Flamingh, Jack and Kate Curtain, ‘Requiring the Jab?: What’s Reasonable in Australian Workplaces?’ [2021] (76) LSJ: Law Society of NSW Journal 72–73 Abstract: As the COVID-19 vaccines are rolled out, attention has turned to whether employers can require employees to be vaccinated. The issues are evolving, however without a public health order, or an express obligation under existing terms of employment supporting a requirement for vaccination, most employers will not be in a position to direct employees to receive the vaccine.
de Flamingh, Jack and Heidi Fairhall, ‘Employment Law and WHS: Containing Coronavirus: Workplace Considerations’ (2020) 65 LSJ: Law Society of NSW Journal 71–73 Abstract: The very size and nature of a workplace makes it an area of high risk for the spread of COVID-19, with the additional feature that it is subject to a high degree of control by the employer. It is hardly surprising, therefore, that employers around the world have been called upon to play a leading role in containing COVID-19 (World Health Organisation ’Getting your workplace ready for COVID-19’).
Földes, Mária Éva, ‘If Jabless Then Jobless? EU Court Refuses to Second-Guess National Covid-19 Vaccination Mandate Contested by Health-Care Worker’ (2024) 10(1) International Labor Rights Case Law 127–131 Abstract: During the covid-19 pandemic, several countries have imposed vaccination as a job-related requirement enforced by sanctions. Some workers have opted for litigation to challenge such policies. Examples include Greek health-care professionals and French firefighters3 turning to the European Court of Human Rights (ECtHR) seeking the suspension of national vaccination obligations, and US health-care workers seeking to enjoin the enforcement of the State of Maine’s vaccination regulation. This commentary discusses the approach of the Court of Justice of the European Union (cjeu) to disputes concerning compulsory vaccination. The analysis focuses on Case C-765/21, D.M. v. Azienda Ospedale-Università di Padova, a request for preliminary ruling in a dispute revolving around the suspension without pay of a nurse after she refused to get vaccinated against covid-19. The analysis discusses the CJEU’S view on the relevance of EU law for the issue of compulsory vaccination and compares the cjeu’s approach with that of the ECtHR. It remarks on the outcomes of litigations challenging vaccination mandates and their relevance for the sphere of labor and employment.
Földes, Mária Eva and Csilla Kaposvári, ‘SARS-COV-2 Vaccination and Employment: The Legal Framework in the EU and Hungary’ (2021) 14(2) Medicine, Law & Society 247–270 Abstract: The paper explores whether and under what conditions, vaccination against SARS-CoV-2 may become a mandatory requirement for employees. It includes a discussion on EU action on SARS-CoV-2 vaccination and its relevance for national level policy with emphasis on the legal basis and instruments used by the Union to persuade national authorities into action to increase vaccination uptake. The analysis then moves to the national level by focusing on the case of Hungary. Following an overview of the legal and regulatory framework for SARS-CoV-2 vaccines deployment, the analysis zooms into the sphere of employment and explores whether and how the SARS-CoV-2 vaccination may be turned into a mandatory workplace safety requirement. The paper highlights the decision of the Hungarian government to introduce compulsory vaccination for employees in the healthcare sector, and concludes with a discussion of the relevant rules and their potential, broader implications.
Forsyth, Anthony, ‘COVID-19: Advancing the Industrial Relations Reform Objectives of Australian Employers?’ (2022) 50(3) Australian Business Law Review 151–172 Abstract: This article seeks to assess the extent to which the industrial relations reform objectives of Australian employers and business groups have been advanced by the COVID-19 pandemic. It examines the rapid changes to employment regulation in the early stages of the crisis, including urgent award variations giving employers in key economic sectors flexibility to alter employment conditions, the granting of similar powers to businesses through JobKeeper-related amendments to the ‘Fair Work Act 2009’ (Cth), and variations of enterprise agreements. The article then focuses on the industrial relations reform process instigated by the Coalition Government in May 2020, and the ‘Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020’ (Cth) which emerged later that year. Analysis of the provisions of this legislative proposal, only partially enacted in March 2021 due to opposition in the Senate, is linked to consideration of the reform objectives of the business community in recent years in three areas: flexible forms of work, award regulation and enterprise bargaining. The article concludes that while only some aspects of the employer agenda have been realised to date, business interests have dominated the national discourse on workplace regulation in response to the pandemic at the expense of the legitimate concerns of workers and unions. However, this tendency is likely to be reversed as the newly-elected Albanese Labor Government implements its policy commitments on workplace reform.
Francis, Leslie P, ‘Employees with Intellectual Disabilities During the Covid-19 Pandemic: New Directions for Disability Anti-Discrimination Law?’ (2021) 74(1) OKLAHOMA LAW REVIEW 1–26 Abstract: This Article addresses employment risks and challenges presented by the COVID-19 pandemic for people with intellectual disabilities, in particular people with Down syndrome. Part II presents the risks and challenges of employment for people with Down during the COVID-19 pandemic. Part III lays out aspects of Title I of the Americans with Disabilities Act of 1990 (ADA)7 that are most relevant to these challenges. Part IV explores whether the ADA may be helpful in taking on these risks and challenges. It argues that limits long apparent in Title I of the ADA as it applies to people with intellectual disabilities8 may be exacerbated by the COVID-19 pandemic. Part V concludes by suggesting several ways these limits might be addressed.
Franklin, Paula, ‘Our Failure to Prevent Known Risks: Occupational Safety and Health in the Healthcare Sector During the COVID-19 Pandemic’ (ETUI Research Paper, Policy Brief No 11/2020, 17 August 2020) Abstract: Hazards from SARS-CoV-2, the virus that causes COVID-19, should be addressed in line with the EU Biological Agents Directive and by means of a strengthened centralised capacity of the European Union for the monitoring of and response to health emergencies.Mitigating and preventing the impact of the illness, COVID-19, should be done by classifying it as an occupational disease, ensuring the availability of personal protective equipment (PPE) and testing for health workers, and engaging workers in all aspects of ‘work organisation’.The coronavirus crisis, which is the result of the impact of the nexus of austerity/virus/illness on society at large, should trigger a transformative change in the care economy, leading to the valuing of care work, pay transparency, full acknowledgement of psychosocial risks such as violence and harassment in the world of work, measures to promote occupational health equity, sustainable health workforce planning and the inclusion of the currently absent gender aspect in EU legislation on occupational safety and health.
Franklin, Paula, ‘Quality Jobs as Well as Jabs: Protecting Health by Tackling Precarious Work’ (ETUI Research Paper - Policy Brief No 2021.04, 31 May 2021) Abstract: Tackling precarious work is essential for a fair Covid‑19 recovery and healthier future of work. The Covid‑19 crisis is worsening existing inequalities in the world of work. The European Commission should embed the principle of equity into the country-specific recommendations of the European Semester, with a view to allocating resources in a manner that recognises and remedies these fundamental inequalities. Policy interventions should focus on preventing the negative health impacts of poor working conditions, which are particularly apparent in precarious work. The Member States should use EU funds to tackle all aspects of precarious work, with a focus on supporting women, youth, lowskilled workers, and migrant workers. The pandemic has highlighted the need for reinforced and updated occupational safety and health legislation, both at the EU and the Member State levels."
Frawley, Martin, ‘Social Insurance Fund Facing Tough Challenges New Minister Advised’ (2020) 30 Industrial Relations News 22–23 Abstract: Reports that, according to a brief prepared for the Minister for Employment Affairs and Social Protection, the Social Insurance Fund is set to record an operating deficit of almost EUR 2 billion, assuming that the impact of COVID-19 extends into 2021. Notes that there are already twice the number of collective redundancies in 2020 by comparison to the whole of 2019.
Freckelton, Ian, ‘COVID-19, Negligence and Occupational Health and Safety: Ethical and Legal Issues for Hospitals and Health Centres’ (2020) 27(3) Journal of Law and Medicine 590–600 Abstract: The international incidence of health workers being infected with COVID-19 is deeply troubling. Until a vaccine is developed, they are the community’s bulwark against the pandemic. It is vital that they be protected to the maximum extent possible. This entails the need for implementation of effective and compassionate protocols to keep their workplace as safe as possible for them, their colleagues and their patients in a context of much as yet not being known about the virus and awareness that some persons infected by it are for a time at least asymptomatic and that others test negative for it when they are prodromal or even already displaying some symptomatology. This has repercussions both for the liability of hospitals and multi-practitioner centres for negligence and also under occupational health and safety legislation. With the commencement of the roll out of biosecurity and disaster/emergency measures by government and escalating levels of anxiety in the general population, it is important to reflect upon the measures that most effectively can be adopted practically and ethically to protect the health and safety of those whose task it is to care for us if we become infected by COVID-19.
Friedman, Raphael, ‘Primary Jurisdiction Doctrine and Tort-Agency Partnerships: Why the COVID-19 Pandemic Is No Time for Referral to Administrative Agencies’ (SSRN Scholarly Paper ID 3765004, Social Science Research Network, 18 October 2020) Abstract: The COVID-19 pandemic has already claimed well over 200,000 American lives and has resulted in over 8 million reported cases nationwide. This frightening health crisis has also raised many complex legal questions. One such issue concerns the standard of care employers must adhere to with regard to the safety of their employees at the workplace during the pandemic. Relatedly, the scope of employer liability in tort to employees must be determined. Finally, COVID-19 presents a most regrettable opportunity to study the relationship between tort law and agency regulations and enforcement. This paper briefly analyzes these difficult issues, employing a recent case dismissed in federal court in deference to administrative agencies, as a case study.
Fulford, Nicola and Hannah Jackson, ‘Returning to Work: COVID-19 and the Data Protection Perspective’ (2020) 109(May) Privacy Laws & Business United Kingdom Newsletter 1–5 Abstract: Examines what procedures employers should follow after the coronavirus ban is lifted and employees return to the workplace, to provide a safe working environment while protecting employees’ personal data and privacy.
Funk, T Markus and Virginia M Kendall, ‘There Is No Social Distance in Supply Chains Tainted by Forced Labor’ (SSRN Scholarly Paper No 4693964, 27 March 2020) Abstract: This article examines whether and how the coronavirus pandemic could trigger a new wave of human rights violations if companies are not careful to root out forced labor in supply chains.
Gahlot, Sheetal and Kanwal DP Singh, ‘Post-Pandemic Challenges of Textile Industry Workers in India: Analysis of Social Security Laws of Select Asian Countries’ (2024) 17(2) Law and Development Review 331–365 Abstract: The COVID-19 pandemic ensued a challenging period for global health; however, the loss of livelihoods throughout the lockdown also led to a significant economic issue that warranted a reassessment of the existing socio-economic structures. Manufacturing lines were severely impeded, particularly in the Indian textile industry, the second-largest employer and labour-intensive industry. The initial lockdown did not provide manufacturers enough time to prepare for the impending catastrophe, compelling many to shut down their operations. The above circumstances highlighted the lack of resilient social security laws in India. Despite initiatives like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), the Employees’ Provident Fund (EPF) scheme and other initiatives like grain distribution to families below the poverty line, lack of economic security came to the forefront. There is a need to have a competent social security legal framework in India to ensure economic stability for all that would fall in line with the noble ideas of the framers of the Constitution as enshrined in the Directive Principles of State Policy, the guiding light for all state action in India. India has not ratified the International Labour Organizations Social Security (Minimum Standards) Convention of 1952. The focal area of the current research would be to look into the sufficiency of the legal framework (International and National) to protect the economic interests of the workers. The authors examine the following: 1. Examine the Code on Social Security, 2020 passed by the Indian legislature interpreting it in light of the COVID-19 pandemic and its effect on textile manufacturing in India along with other steps initiated by the government for the textile industry. 2. Carry out a comparative analysis of the social security laws of other Asian countries (Bangladesh, Vietnam, and China) to carve out best practices that can be adopted in India. 3. Analyse and contrast the statistical data of the four predominant textile manufacturing and exporting economies on selected parameters.
Gahwi, Lena and Margaret Walton-Roberts, ‘Migrant Care Labour, Covid-19, and the Long-Term Care Crisis: Achieving Solidarity for Care Providers and Recipients’ in Anna Triandafyllidou (ed), Migration and Pandemics: Spaces of Solidarity and Spaces of Exception (Springer, 2022) 105–121 [OPEN ACCESS E-BOOK] Abstract: Globally there is a care crisis in terms of the quantity of care needed for an aging population and the quality of both the care provided and work conditions of those providing this care. The COVID-19 pandemic has exposed and heighted this crisis of care. In this chapter we review the issue with a particular focus on long-term care (LTC) facilities and the type and skill mix of labour, including the degree to which immigrant workers are over-represented in this sector. We offer some conceptual reflections on elder care as a matter of social justice and ethics in terms of those needing and providing care. These concerns take on a specific global dimension when we understand the transnationalisation of care, or the care provisioning function of what are termed global care chains. We contextualise how this migrant labour is positioned within this sector through international comparisons of funding models for LTC, which also allows us to understand the structural conditions within which this globally-sourced workforce is positioned. We then highlight two significant contributing factors to the current LTC crisis that were intensified and exposed during the COVID-19 pandemic using Ontario, Canada, as an example: the role of the private sector and the unsustainable extraction of profits from this service, and the gendered and racialised devaluing of migrant labour so essential to the sector.
Gandhi, Archana, ‘SMART Preparedness for Apparel Manufactures for the New (Ab) Normal’ (SSRN Scholarly Paper ID 3866503, 14 June 2021) Abstract: COVID -9 has caused a disruption which is unique. Even though it is a pandemic, it affecting the world at different times. When one part of the world is completely closed due to rising infections, the parts are going on as before. Of course the definition of ‘as before’ has also changed, it is now called ‘New Normal’. Normal because business is and has to go on as usual but the employees and staff of all organisations have to follow COVID prevention safety norms. That means that businesses have to adapt to the situation and follow new practices. Most labour intensive industries have floors swarming with workers, and in such cases, to keep a check on COVID safety protocols becomes a mammoth task. Despite awareness programmes, guidelines and manual surveillance, the chances of lapses are high. Technology can play an important role in such situations. The advance of technology is based on making it fit-in so that nobody even notices it and it becomes a part of everyday life. Even though COVID pandemic is a fairly recent phenomenon, technology companies are making solutions almost in real time to make work places safe. There are various levels of safety right from those entering a workplace to production floor layouts. There is technology available for biometric surveillance to keep health and safety officers in workplaces informed and also to keep those wearing the devices alert. Technology companies are already making soft wares for operating environments that have residual risks or require robust control measures to protect people from contracting the virus.
Garcia, Ruben, ‘The Human Right to Workplace Safety in a Pandemic’ (2021) 64(1) Washington University Journal of Law & Policy 113–150 Abstract: The COVID-19 pandemic has presented unique challenges for immigrant workers many of whom occupy jobs most at risk in the pandemic: heath care, janitorial services, and mass transit. This Article encourages the extension of human rights instruments protecting health and safety in the workplace to all workers, particularly immigrant workers. Garcia analyzes the options available for workers who confront unsafe working conditions under existing law. Expanding the language of ‘human right’ will allow for greater scrutiny of actions taken by the government and employers. Garcia encourages statutory changes to OSHA and the NRLA, test cases, filing complaints under trade agreements, and lodging complaints with the ILO in order to keep all workers safe.
Gasiorowska, Lucja Kobron, ‘Covid-19 Pandemic, Censorship and Labour Law Protection in Poland: Selected Issues’ (2021) 6(1) e-Revista Internacional de la Protección Social 277–288 Abstract: The COVID-19 pandemic had a significant impact on many areas of human life, and above all, in the area of economic and professional activity. In particular, the pandemic changed the labor market, not only in labor market mechanisms, but also in fundamental labor laws. The global epidemic of COVID-19 resulted in the remote work of the Polish labor market, which was a response to the widespread closure of the country. Unfortunately, there have also been issues with freedom of expression for employees during the Coronavirus pandemic in Poland. The document focuses on the topics mentioned above, highlighting areas related to the security of employee rights that may be considered controversial.
Geldenhuys, Kotie, ‘Sex Workers: The Forgotten Faces during the COVID-19 Lockdown’ (2021) 114(2) Servamus Community-based Safety and Security Magazine 32–35 Abstract: For many South Africans going into lockdown simply meant staying at home with family, while many of those who had to work did so remotely or virtually. But for sex workers it was a much different ball game. Due to the fact that their profession is not recognised as legal ‘work’ in South Africa, sex workers remain the most marginalised of all workers in the country.
Gelinne, Caroline M, ‘A Trip down Legislative Memory Lane: How the FMLA Charts a Path for Post-Covid-19 Paid Leave Reform’ (2021) 62(7) Boston College Law Review 2515–2571 Abstract: Before the COVID-19 pandemic, the United States was the only highly-developed nation in the world not to guarantee paid family and medical leave (PFML) for its citizens. In 2020, during the early days of the pandemic, Congress passed temporary PFML to alleviate the hardship on families forced to choose between health and a paycheck. That legislation is no longer in effect. Many interest groups and lawmakers feel that the COVID-19 crisis has finally presented the moment to make PFML permanent in the United States. Yet, other conservative and pro-business groups resist the idea. The dynamics unfolding over the future of PFML are highly reminiscent of a policy debate that took place during the 1980s and 1990s over the Family and Medical Leave Act of 1993 (FMLA). The current debate over PFML provides a fortuitous opportunity to look back and learn from history. First, this Note suggests that the legislative history of the FMLA provides an insightful model of bipartisanship and coalition-building that should inform present PFML policy-making. Second, this Note gives an instructive comparison of the corporate and political landscape in the 1980s versus 2020s to frame these policies. Finally, this Note offers potential solutions for the roadblocks to PFML imposed by the business community, which mirror similar pushbacks against the FMLA three decades ago.
Gelman, Jon L, ‘Lessons from Asbestos Litigation Apply to COVID Claims’ (SSRN Scholarly Paper ID 3659568, 23 July 2020) Abstract: The rapid emergence of COVID-19 creates new challenges for the nation’s patchwork of state run workplace benefit delivery systems. This paper draws a comparison between COVID claims and asbestos claims, the ‘Largest and Longest’ wave of occupational disease claims in the United States. The comparison offers insight into avoiding past economic, administrative and benefit delivery pitfalls. The lessons from asbestos claims provide an insight into maintaining a sustainable workers’ compensation system to meet the surge of COVID claims.
Gerke, Sara et al, ‘COVID-19 Antibody Testing as a Precondition for Employment: Ethical and Legal Considerations’ (2021) 49(2) Journal of Law, Medicine & Ethics 293–302 Abstract: Employers and governments are interested in the use of serological (antibody) testing to allow people to return to work before there is a vaccine for SARS-CoV-2. We articulate the preconditions needed for the implementation of antibody testing, including the role of the U.S. Food & Drug Administration.
Gerver, Mollie, ‘The Case for Permanent Residency for Frontline Workers’ (2022) 116(1) American Political Science Review 87–100 Abstract: This article presents the case for granting permanent residency to those experiencing significant risks throughout the COVID-19 pandemic to increase citizens’ safety. Increasing safety comes in many forms: directly, as when doctors, paramedics, and nurses assist patients, and indirectly, as when farmworkers produce life-sustaining food, garbage collectors protect sanitation, and social workers respond to emergency calls. A range of such workers are owed gratitude-derived duties from citizens that are best fulfilled via permanent residency. I defend this claim first for authorized migrants and then for unauthorized migrants, whose presence citizens would consent to if they were aware of the benefits they provide. Finally, I defend the claim that many frontline workers not owed gratitude are owed duties of justice, acquiring rights similar to those of permanent residency.
Gezici, Armagan and Ozge Ozay, ‘How Race and Gender Shape COVID-19 Unemployment Probability’ (SSRN Scholarly Paper ID 3675022, 16 July 2020) Abstract: Using the April 2020 Current Population Survey (CPS) micro dataset, we explore the racialized and gendered effects of the COVID-19 pandemic on the probability of being unemployed. The distribution of job losses from COVID-19 for women and men or for different racial/ethnic categories has been studied in the recent literature. We contribute to this literature by providing the first intersectional analysis of unemployment under COVID-19, where we examine the differences in the likelihood of unemployment across groups of White men, White women, Black men, Black women, Hispanic men, and Hispanic women. Controlling for individual characteristics such as education and age, as well as industry and occupation effects, we show that women of all three racial/ethnic categories are more likely to be unemployed compared to men, yet there are substantial differences across these groups based on different unemployment measures. Hispanic women have the highest likelihood of being unemployed, followed by Black women, who are still more likely to be unemployed than White women. We also examine if the ability to work from home has benefited any particular group in terms of lowering their likelihood of unemployment during the pandemic. We find that in industries with a high degree of teleworkable jobs, White women, Black men, and Hispanic men are no longer more likely to be unemployed relative to White men. However, Black women and Hispanic Women still experience a significantly higher probability of losing their jobs compared to White men even if they are employed in industries with highly teleworkable jobs. As we control for both individual and aggregate factors, our results suggest that these differences are not simply the result of the overrepresentation of women of color in certain industries and occupations; rather, unobservable factors such as discrimination could be at work.
Ghannam, Alaa, Ayman Sebae and Dina Makram-Ebeid, ‘Healthcare Protection Policies during the COVID-19 Pandemic: Lessons towards the Implementation of the New Egyptian Universal Health Insurance Law’ (American University in Cairo, Faculty Journal Articles, Social Protection in Egypt: Mitigating the Socio-Economic Effects of the COVID-19 Pandemic on Vulnerable Employment, 2021, 31 January 2021) Abstract: On March 11th 2020, the World Health Organization (WHO) declared the coronavirus a global pandemic. The spread of the virus in many countries has exceeded the capabilities of the traditional healthcare systems and has challenged government plans to contain it. The COVID-19 pandemic arrived in Egypt at a time when the first steps in the implementation of the newly ratified law on social health insurance were taking place. Law number 2 for the year 2018 saw the first steps of its implementation in Port Said governorate. As the realisation of the law is proceeding in other governorates, the pandemic and the policies it brought impacted the implementation process of the law. This paper attempts to provide an assessment of the policies taken to challenge the spread of the COVID-19 pandemic. It investigates the effects of the health system’s response to the pandemic on the implementation of the new health insurance law. The paper also aims at providing lessons from the management of the first phase of the pandemic, lessons that could be capitalized upon during the implementation of the health insurance law and in the health system reform in general. Understanding the effects of these policies and drawing lessons from the management of the first phase helps identify future challenges, opportunities and pitfalls in providing full comprehensive healthcare coverage for all Egyptians during the realization of this law. The paper draws its analysis, conclusions and recommendations from a number of sources including documentation of government policies towards the COVID-19 pandemic from January 7th 2020 until August 23rd 2020, desk review of data on the effects of these policies on disease morbidity and mortality, results of community assessments of healthcare services before, during and after the implementation of the new health insurance law in Port Said and input from key stakeholders. These key stakeholders include representatives at the different authorities in charge of the implementation of the new health insurance law and the COVID-19 response effort, service providers at different levels of healthcare service provision, service beneficiaries and service users and experts, policy makers and analysts. Based on the study’s findings, key recommendations are provided in managing the COVID-19 pandemic, implementation of the new health insurance law and beyond.
Ghatak, Amrita and Kingshuk Sarkar, ‘Legal Protection for Domestic Workers in COVID-19 Pandemic Times in India: Employers’ Perspectives’ (2023) 58(3) Indian Journal of Industrial Relations 515–530 Abstract: Based on data from Ahmedabad and Kolkata cities, this paper discusses how employers perceive domestic workers and how those perceptions influence the status of employment, wages and working conditions as well as the employer-employee relationships in the ‘new normal’ state post Lockdown phase during CODIV-19 pandemic in 2020. The results stand for deterioration in the terms of employment and employer-employee relationships. One of the main consequences has been the reduction of working hours or loss of job resulting from fear and restricted mobility due to confinement measures during Lockdown. Most of the gated communities have put unreasonable restrictions on the movement of domestic workers and resorted to extra-constitutional measures to prevent even willing households from engaging domestic workers going over and above the Govt. of India guidelines.
Ghilarducci, Teresa and Aida Farmand, ‘Older Workers on the COVID-19-Frontlines without Paid Sick Leave’ (2020) 32(4–5) Journal of Aging & Social Policy 471–476 Abstract: The rapid spread of COVID-19 has left many workers around the world – workers in food distribution, truckers, janitors, and home and personal health care workers – deeply concerned about contracting the virus from exposure at work. In particular, older workers in frontline occupations are vulnerable to illness and to the deadly and debilitating effects of COVID-19, especially with inadequate protective gear and inadequate sick leave. In the absence of strong unions, which ensure that employers provide workers with accurate information, robust training, adequate equipment, and paid leave in the event of quarantines or illness, the COVID-19 pandemic highlights the need for additional legislation to shore up worker protections and provide paid sick leave.
Giedrewicz-Niewińska, Aneta, Viktor Križan and Jana Komendová, ‘The Obligations of the Employer in the Implementation of Remote Work: The Examples of Slovakia, the Czech Republic and Poland’ (2024) 29(2) Białostockie Studia Prawnicze 83–97 Abstract: This text analyses the legal aspects of teleworking in Slovak labour law and remote working in Czech and Polish labour law. The text shows how Slovakia, the Czech Republic and Poland have used their experiences of employment during the COVID-19 pandemic in different ways. The basic difference is already apparent in the notions of remote working, teleworking and working from home. There are also some differences in the regulation of employers’ obligations related to the implementation of remote working. The legal regulation of remote working is in its formative stage, as evidenced by recent Polish and Czech labour-law changes. The analysis of the legal regulations of the three countries shows that remote working is a challenge. It is legitimate to analyse different legal solutions and share experiences between the countries. The text analyses the latest legal developments.
Gillette, Rebecca, ‘The New Normal? Rethinking Telework Accommodations in a Post Covid-19 World’ (2021) 9(1) Belmont Law Review 231–264 Abstract: Under the Americans with Disabilities Act (‘ADA’), an employer is required to provide reasonable accommodations to qualified disabled employees, which may include a telework program. However, courts historically have been reluctant to grant telework as a reasonable accommodation, relying on an outdated presumption that physical presence is an essential function of most jobs that cannot be performed effectively at home. Despite the Americans with Disabilities Act Amendments Act of 2008 (‘ADAAA’), which widened the scope of potentially valid bases for requesting telework accommodations, courts have continued to rely on the physical presence presumption to deny telework as a reasonable accommodation. The emergence of the COVID-19 pandemic has necessitated an increase in telework arrangements across numerous disciplines. This increase has brought with it overwhelming anecdotal evidence showing unprecedented levels of successful teleworking arrangements without loss of productivity. This Note argues for Amendment to the ADA as follows: (1) binding language to eliminate the physical presence presumption; (2) expressly listing telework as a reasonable accommodation in the ADAAA; and (3) including the susceptibility of a nuclear member of an individual’s household as a qualifying disability for the individual herself. This Note also argues for some sort of incentive or encouragement for state and private employers to adopt telework arrangements. This Note will proceed in three parts.First, Part I discusses the background of the ADA and the subsequent ADAAA, including its mandate that employers provide reasonable accommodations to employees with disabilities. Specifically, this Part discusses how courts have historically analyzed telework requests as a reasonable accommodation for a disability and exactly what criteria has been used to allow or deny those requests. Next, Part II discusses how, even after the ADAAA was signed into law, many courts continuously failed to recognize telework as a reasonable accommodation. Further, this part documents how the emergence of COVID-19 illuminated deficiencies in ADA jurisprudence and thus the need to amend practice regarding reasonable accommodations. This Part lastly discusses the Telework Enhancement Act of 2010, and how federal agencies handled the pandemic in comparison to state and private employers. Finally, Part III argues that the widespread increase of telework during the pandemic supports the need for Amendment to the ADA and adoption of a separate telework statute. Specifically, this Part acknowledges that the recent increase of telework and the associated increase of production levels supports the proposal of an amendment that will eliminate the physical presence presumption, include telework as a listed reasonable accommodation, and include the susceptibility of an individual’s household to disease as a qualifying disability for the individual herself. This Part also argues that Congress should finally adopt the Multi State Telework Act, in order to incentivize state and private employers to adopt telework arrangements.
Giordano, Chiara, ‘Freedom or Money? The Dilemma of Migrant Live‐in Elderly Carers in Times of COVID‐19’ (2021) 28(S1) Gender, Work & Organization 137–150 Abstract: As a consequence of the lockdown measures imposed by the Belgian government to fight against COVID‐19, migrant live‐in elderly carers had to choose between safeguarding their job — at the detriment of their personal freedom, their health and their working conditions — and safeguarding their freedom but losing their job — at the detriment of their economic survival and that of their families. This article explores this dilemma from an intersectionality perspective. In order to understand their experience in times of COVID‐19 and their response to this dilemma, I analyse their position as women, as migrants, as elderly care workers, as family breadwinners and as ‘quasi‐family members’ in the families of their employer — which correspond to five interlocking systems of oppression.
Glacken, Caroline et al, ‘Working While Furloughed: Manage the Risk of Furlough Fraud Allegations’ (2020) 213(September) Employment Law Journal 6–12 Abstract: Considers the steps which employers can take to protect themselves against being penalised for fraud in the event that an employee has performed work while furloughed under the Coronavirus Job Retention Scheme (CJRS). Looks at the protection available to employees who make protected disclosures about employers’ breaches of the CJRS. Discusses furlough fraud, including the offences it comprises and what might be seen to be inadvertent errors.
Gogoi, Mayuri et al, ‘Ethnicity and COVID-19 Outcomes among Healthcare Workers in the UK: UK-REACH Ethico-Legal Research, Qualitative Research on Healthcare Workers’ Experiences and Stakeholder Engagement Protocol’ (2021) 11(7) BMJ Open, Article e049611 Introduction: As the world continues to grapple with the COVID-19 pandemic, emerging evidence suggests that individuals from ethnic minority backgrounds may be disproportionately affected. The United Kingdom Research study into Ethnicity And COVID-19 outcomes in Healthcare workers (UK-REACH) project has been initiated to generate rapid evidence on whether and why ethnicity affects COVID-19 diagnosis and clinical outcomes in healthcare workers (HCWs) in the UK, through five interlinked work packages/work streams, three of which form the basis of this protocol. The ethico-legal work (Work Package 3) aims to understand and address legal, ethical and acceptability issues around big data research; the HCWs’ experiences study (Work Package 4) explores their work and personal experiences, perceptions of risk, support and coping mechanisms; the stakeholder engagement work (Work Package 5) aims to provide feedback and support with the formulation and dissemination of the project recommendations. Methods and analysis Work Package 3 has two different research strands: (A) desk-based doctrinal research; and (B) empirical qualitative research with key opinion leaders. For the empirical research, in-depth interviews will be conducted digitally and recorded with participants’ permission. Recordings will be transcribed, coded and analysed using thematic analysis. In Work Package 4, online in-depth interviews and focus groups will be conducted with approximately 150 HCWs, from across the UK, and these will be recorded with participants’ consent. The recordings will be transcribed and coded and data will be analysed using thematic analysis. Work Package 5 will achieve its objectives through regular group meetings and in-group discussions.
Gold, Azgad, ‘Are Healthcare Workers Obligated to Risk Themselves during the COVID-19 Pandemic According to Jewish Law? A Response to Solnica et al’ (2020) 46(11) Journal of Medical Ethics 736–737 Abstract: Solnica et al argue that ‘Jewish law and modern secular approaches based on professional responsibilities obligate physicians to care for all patients even those with communicable diseases’. The authors base their viewpoint on the opinion of Rabbi Eliezer Waldenberg and apply it to suggest that physicians are obligated to endanger themselves during epidemics, such as COVID-19. It is argued that Solnica et al’s analysis of Rabbi Waldenberg’s text and their conclusion that healthcare workers are obligated to endanger themselves while treating patient who suffer from contagious illness during epidemics according to Jewish law suffer from various shortcomings. Indeed, Jewish law looks favourably on healthcare workers who take a reasonable risk in treating their patients in the context of epidemics. However, it is considered a voluntary supererogatory act—not obligatory. Solnica et al may express a legitimate ethical viewpoint. However, it does not seem to represent the mainstream approach of what Jewish law would demand as obligatory from its practitioners.
Goldberg, Jonathan and Grant Wilkinson, ‘Post COVID-19 Labour Law Considerations’ (2020) 20(5) Without Prejudice 26–27 Abstract: The recent lockdown, which has been extended in several countries around the world, has posed a number of challenges from a legal perspective. This has forced us to consider the impact on the employer-employee relationship. As organisations are forced to close down temporarily, barring certain exceptions for essential services, it is necessary to consider the variety of options available in order to keep organisations afloat.
Goldberg, Jonathan and Grant Wilkinson, ‘Retrenchments in the Time of COVID-19’ (2020) 20(6) Without Prejudice 58–59 Abstract: In the second week of May, it was reported that the Commission for Conciliation, Mediation and Arbitration (CCMA) has seen an increase in both large-scale and individual retrenchments since the start of the pandemic. Unfortunately, this is creating a massive burden for an already-stretched system. As the courts will not generally second-guess a business decision made by a company, they will assess the fairness of a decision to retrench owing to operational reasons and not the correctness thereof.
Goldberg, Jonathan and Grant Wilkinson, ‘Case Law Emanating from COVID-19 in the Employment Space: Employment Law - COVID-19’ (2020) 20(7) Without Prejudice 17-18 Introduction: Since the beginning of the COVID-19 lockdown, there have been far more Gazettes issued than during any other period in our democratic history. One of the pieces of legislation that has arrested the attention of all South Africans is the Disaster Management Act (57 of 2002) owing to the many revisions that have been issued to the Act’s guidelines. Government has faced a total of 116 legal challenges against various aspects of the lockdown regulations. Some of these have been settled out of court while others are still pending...
At the time of writing this article, one such case, which deals with the interpretation and application of the Disaster Management Regulations, is AfriForum v The Minister of Cooperative Governance and Traditional Affairs (22358/2020) [2020] ZAGPPHC. A number of interesting principles flow from this matter, which are relevant to employers in the post COVID-19 reality.
Golding, Gabrielle, ‘Unfair Dismissal and the Coronavirus Pandemic: Creative Responses from Australia’s Fair Work Commission’ [2021] (4) Revue de Droit Comparé du Travail et de la Sécurité Sociale 100–115 [full text will be available on open access in December 2022 via this link]At the time of writing this article, one such case, which deals with the interpretation and application of the Disaster Management Regulations, is AfriForum v The Minister of Cooperative Governance and Traditional Affairs (22358/2020) [2020] ZAGPPHC. A number of interesting principles flow from this matter, which are relevant to employers in the post COVID-19 reality.
Abstract: This article reviews five key decisions of Australia’s Fair Work Commission, each of which concerns a claim for unfair dismissal under the Fair Work Act 2009 (Cth) by employees whose employment was terminated during the Coronavirus pandemic. Each decision demonstrates that the Commission has exercised its decision-making powers in a creative, yet highly responsive manner, during this global crisis.
Goodwin, Emma, ‘No Quarantine for Workplace Rights Part 3-1 of the Fair Work Act 2009' Cth and COVID-19’ (2020) 25(7) Employment Law Bulletin 66–70 Abstract: The impact of COVID-19 has led to a flurry of legislative and related changes in the area of Australian workplace relations. Initiatives such as the Federal Government’s jobkeeper scheme have brought with them changes to the ‘Fair Work Act’ 2009 (Cth) (FW Act), while award variations have given employers greater flexibility during the pandemic. In May 2020, relevant changes were also made to the ‘Privacy Act’ 1988 (Cth) (Privacy Act). The jobkeeper and award changes are presently envisaged as temporary. It is important for those affected by these changes to remain aware, how-ever, that the changes do not have the effect of suspending other rights and obligations under the FWAct during their period of operation. In particular, the relevance of Pt 3-1, the general protections, needs to be kept in mind.
Górska, Anna Maria et al, ‘Deepening Inequalities: What Did COVID-19 Reveal about the Gendered Nature of Academic Work?’ (2021) 28(4) Gender, Work & Organization 1546–1561 Abstract: This study discusses the gendered nature of the transformation of academic work, which has been accelerated by the COVID-19 pandemic. We collected empirical material in spring 2020, at the peak of the pandemic, via 28 interviews with academics in Poland. The results illustrate the far-reaching and lasting impacts of the pandemic on academia that reinforce existing gender inequalities and bring new ones. The study also reveals the invisible academic work, which is performed mostly by female faculty. This work, neither recognized nor rewarded in the course of women’s academic careers, deepens the gendered organization of work in higher education institutions.
Gostin, Lawrence O, Wendy E Parmet and Sara Rosenbaum, ‘The US Supreme Court’s Rulings on Large Business and Health Care Worker Vaccine Mandates: Ramifications for the COVID-19 Response and the Future of Federal Public Health Protection’ (2022)] Journal of the American Medical Association (JAMA) Viewpoint (21 January 2022) E1–E2 Abstract: On January 13, 2022, the Supreme Court issued 2 landmark rulings on the federal government’s power to mandate COVID-19 vaccinations. The Court curtailed the government’s ability to respond to the pandemic and may have also severely limited the authority of federal agencies to issue health and safety regulations.In National Federation of Independent Business v Department of Labor, the Court blocked an Occupational Safety and Health Administration (OSHA) emergency temporary standard (ETS) requiring vaccination, subject to religious or disability accommodations, or weekly testing and masking in businesses with 100 or more employees. In Biden v Missouri, the Court upheld a Centers for Medicare & Medicaid Services (CMS) regulation mandating health worker vaccinations, subject to the same accommodations. What do these decisions reveal about the future of federal protection of public health and safety?
‘Government and DPC Guidance on Covid-19 Data’ (2020) 25(6) Health & Safety Review 2–3 Abstract: Highlights guidance for businesses by both the Irish Department of Business, Enterprise and Innovation and the Data Protection Commission (DPC) on the Irish Government’s Return to Work Safely protocol and COVID-19-related data protection. Includes a table summarising the legal basis for data processing under Regulation 2016/679 (GDPR) regs 6 and 9.
Goyal, Gourish and Srinidhi Boora, ‘An Outlook on the Constitutionality of State Amendments on Labour Laws during Pandemic’ (SSRN Scholarly Paper ID 3824582, 8 January 2021) Jurisdiction: India
Abstract: Ubi Jus Ibi Remedium - Where a right is vested, there is a remedy. A right from the beginning of work is a right till the end of work until suspended. Constitutional rights of the labourers can be described under Articles 14-16, 19 (1)(c), 21, 23, 38, 39 and 41-43, 51 and these rights directly concern the labourers. When COVID-19 Pandemic has hit the public health and economic crisis severely, Labourers are most affected due to this pandemic. The Nationwide Lockdown has hit the Companies, factories and Businesses directly and led to huge losses and affected labourers all over the country as they work on a daily basis. Labourers across the country have been battling with the social, political and economic challenges. Both the Central and State Governments were negligent in handling the labourers during the pandemic. Migrant crises have arisen and change of labour laws by states violates the constitutional rights of labourers. This Article will further define in detail about Violation of Constitutional Rights - Media and Reports - History Involved - Dilution of the Labour Laws by the State Government’s - Protection of Labours Rights - Issues Involved and the steps taken by the Supreme Court of India.
Green, Nicola, David Tappin and Tim Bentley, ‘Working From Home Before, During and After the Covid-19 Pandemic: Implications for Workers and Organisations’ (2020) 45(2) New Zealand Journal of Employment Relations (advance article, published 28 October 2020) Abstract: The Covid-19 pandemic has resulted, to date, in an estimated 29 per cent of the New Zealand (NZ) workforce moving quickly from centralised work locations to full time working from home (WFH). The literature prior to these extraordinary events suggests WFH is beneficial for employee wellbeing and performance, and organisational outcomes, notably productivity, retention, and business continuity in times of disruption. Lack of organisational preparedness, technological limitations, managerial reluctance, and the potential drawbacks of social isolation have meant that the rates of regular, planned WFH as a flexible work option have traditionally been low. This paper summarises the knowledge base of benefits and limitations of WFH prior to COVID-19 and speculates how the experiences of WFH during the pandemic are likely to shape the future of WFH for workers, organisations, and employees.
Griffin, Frank, ‘COVID-19 and the Americans with Disabilities Act: Balancing Fear, Safety, and Risk as America Goes Back to Work’ (2020) 51(2) Seton Hall Law Review 383–430 Abstract: The Americans with Disabilities Act (ADA) will play a significant role in protecting employees and employers while reversing the massive work disruptions caused by COVID-19. The United States’ unemployment rate reflects the magnitude of the disruptions; the unemployment rate reached almost 15%, and over 43 million Americans filed unemployment claims during the first half of 2020. Additionally, millions of Americans began working from home or otherwise altering their work routine to protect themselves and others from spreading the virus. Researchers and the Centers for Disease Control and Prevention (CDC) state that COVID-19 will likely become endemic to the United States’ population. The endemic presence of COVID-19 will create new ongoing legal obligations for employers under the ADA, which are explored in this paper.
Gruben, Vanessa and Louise Bélanger-Hardy, ‘Risking It All: Providing Patient Care and Whistleblowing During a Pandemic’ in Colleen M Flood et al (eds), Vulnerable: The Law, Policy and Ethics of COVID-19 (University of Ottawa Press, 2020) 487 Abstract: In this chapter, we discuss the rights and responsibilities of health care workers during the COVID-19 pandemic, both as care providers (part I) and as whistleblowers (part II). Health care providers have a duty to provide care to patients during a pandemic. However, this duty may be limited by the type of practice, the implied consent to risks, the strength of competing duties such as family obligations, and the need to weigh benefits to patients and potential harm to caregivers. The duty to care of regulated health professionals such as doctors and nurses is framed by the standards of their respective professions. In contrast, personal care workers (PSWs) are not self-regulated. This group forms a large part of the workforce in long-term care homes where most deaths have occurred. We believe it may be time to consider whether PSWs should be self-regulating, as this could offer both greater clarity about the standard of care to be provided to patients during pandemics and clear disclosure standards to guide those who wish to denounce the practices they witness. As for health care providers as whistleblowers, after noting that whistleblower protection across Canada is piecemeal at best, we recommend a comprehensive approach where statutory instruments would be complemented by professional guidelines and codes of ethics issued by regulatory bodies and by professional associations.
Guerra, AI et al, ‘General Data Protection Regulation (GDPR): Legal, Ethic and Other Issues, Especially in Covid-19 Time’ (2021) 13(2) Revista de Direito, Estado e Telecomunicacoes / Law, State and Telecommunications Review 28–41 Abstract: This paper intends to present an academic analysis about the legal, ethic and other issues raised by the General Data Protection Regulation, especially in Covid-19 time. In this context, we present the main legal aspects of networked privacy, online privacy literacy, transparency, data integrity and others. Besides, we present the employee’s rights in the context of the Covid-19 pandemic, such as the right to erase data, temperature monitoring, the employee’s consent, the legitimation of the processing of personal data and body temperature control. We also give a word about data protection and teleworking. Our purpose is to contribute for the evolution of law, regarding the challenges and all the changes in our daily-life, provoked by the Covid-19 pandemic.
Guevara, Angelica, ‘To Be, Or Not to Be, Will Long COVID Be Reasonably Accommodated is the Question’ (2022) 23(1) Minnesota Journal of Law, Science & Technology 253–292 Abstract: To be, or not to be, that is the reasonable accommodation question: whether Long COVID will be reasonably accommodated now that it is covered under disability antidiscrimination law. Some manifestations of Long COVID will certainly be considered disabilities under the Americans with Disabilities Act (ADA). However, even if it is considered a disability, that does not mean the employer will provide reasonable accommodations because Long COVID, like any other disability, is susceptible to what an employer deems as reasonable. Comparatively, Lyme Disease and Chronic Fatigue Syndrome are like Long COVID because they tend to have fatigue as a primary symptom. Therefore, given the historical lack of accommodations provided for Lyme Disease and Chronic Fatigue Syndrome, the question of reasonable accommodation under disability antidiscrimination law remains an ongoing concern. An additional factor embroiling the reasonable accommodation question is the reality that People of Color are not only at a higher risk of contracting, experiencing complications, and dying from COVID-19; they are also more susceptible to developing Long COVID and losing their jobs. Therefore, this Article encourages using a Disability Studies and Critical Race Theory (commonly referred to as ‘DisCrit’) lens to consider structural issues continually perpetuating disparities while exploring to what extent disability antidiscrimination laws assist those dealing with Long COVID.
Gundt, Nicola, ‘The COVID-Specific Measures in the Netherlands: Do They Fit into the General Picture?’ (2021) 19(2) Z Problematyki Prawa Pracy i Polityki Socjalnej 1–16 Abstract: This article discusses the nature of the Dutch COVID relief measures for employers concerning wage costs. The question is raised whether the ad-hoc decrees fit into the general picture of Dutch labour law and respects the two key principles (1) safeguarding employees’ income and (2) requesting employee flexibility with regard to the work in case the exact job does not exist any more or is under serious threat. The contribution finds that the emergency legislation does respect these two main principles, while judges refuse substantial modifications of wages and/or working hours on the basis of reasonableness, also upholding the key principles of employee protection.
Gupta, Anamika and Neelu Nandini Khare, ‘Labour Laws and Migrant Workers during Covid-19’ (2021) 1(4) Jus Corpus Law Journal 305–320 Abstract: The Constitution of India envisages a compulsory norm for the employers and Government to make such policies that can generate employment for the vulnerable section of the society like workers. Ensuring the same, the Indian labor laws have been implemented with the purpose to provide benefits to workers in form of social security and welfare so that unemployment can be reduced, and the Indian economy can be developed. But, nowadays the issue of migrant labors became very significant in almost every growing nation across the world. Covid-19 pandemic has unfortunate consequences on both social and economic instruments due to which welfare of labors and workers i.e., the utmost priority of labor laws has resulted in the least. The authors in this paper have discussed the rights of migrant workers, violation of these rights during the covid-19 pandemic, the effect of a pandemic on the workers following it up with the steps taken by the government, International Labor Organization, and NGOs for the protection of the workers.
Guthrie, Robert, Robert Aurbach and Marina Ciccarelli, ‘Emerging Issues from COVID-19 in the Australian Workplace: What Is COVID-19?’ (2022) 29(4) Journal of Law and Medicine 1182 Abstract: This article addresses a range of workplace issues, with a focus on workers' compensation and return to work, and employment law and related medical issues after the outbreak and spread of COVID-19 in Australia since 2020. It will briefly address some changes to the insurance industry generally and then consider the sometimes complex issues arising from workers' compensation claims, which have changed behaviours in claims and injury management. It concludes the theme emerging from decided cases to date that employers, insurers, and rehabilitation providers must adopt a reasonable approach to the consultation and implementation of workplace changes affecting injured workers subject to return-to-work programs.
Hagemeister, DT, RM Mpeli and BE Shabangu, ‘“Please Confirm Your HIV-Positive Status by Email to the Following Government Address”: Protection of “Vulnerable Employees” under COVID-19’ (2020) 13(2) South African Journal of Bioethics and Law 91–96 Abstract: COVID-19 has significantly changed the lives of people worldwide. After one of the most stringent lockdowns in the world, South Africa (SA) prepared to allow increasing numbers of workers to return to their workplaces. Employees received several requests to disclose health conditions to their employers that might put them at higher risk for COVID-19, as some of the regulations issued under the state of disaster by the SA government oblige employers to make special provisions for ‘vulnerable employees’. Despite their benevolent intention, such requests constitute a massive infringement of employees’ rights, and some of the medical, legal and ethical considerations relevant in this context are discussed. Given the relative scarcity of medical evidence, the constitutional protection of employees’ rights and the ethical concerns, a cautious and well-administrated approach within the legally permissible space is necessary.
Halmos, Szilvia, ‘Access to Justice in Labour Cases in Hungary during the Covid-19 Pandemic’ (2021) 14(1) Italian Labour Law e-Journal 147–167 Abstract: Access to justice is a fundamental right of workers stipulated in a set of international, EU and national instruments of law. The lockdowns induced by the Covid-19 pandemic have had double negative impact on the effective enforcement of this right. While pandemic-related lockdowns resulted in an increasing number of labour disputes and dismissals as well as generated novel and difficult questions of labour law, accessibility of legal remedies in Hungary became limited through the (temporary) restrictions concerning the functioning of the judiciary. In parallel, emergency-related amendments of labour law have, on the one hand, supported the survival of undertakings, on the other hand, restricted individual and collective rights of workers. This paper is designed to give a comprehensive view on the endeavours of Hungarian labour courts to guarantee the possibly uninterrupted and safe maintenance of litigation in labour cases.
Hamid, Adnan, ‘The Application of the Rights and Obligations of Workers during the Covid-19 Outbreak in Indonesia: Labor Law Perspective’ (2021) 3(3) International Journal of Business Ecosystem & Strategy (2687-2293) 26–37 Abstract: This article aims to examine and analyze the rights and obligations of workers /laborers during the Covid-19 outbreak from the perspective of labor law in Indonesia. The complexity of the issue regarding the rights and obligations of workers has increased again when the Government and the House of Representatives of the Republic of Indonesia passed the Law on Job Creation or Undang-Undang tentang Cipta Kerja Nomor 11 tahun 2020 (UUCK No.11/2020). The research method used is a normative juridical approach. Normative juridical research is usually known as the study of documents, using qualitative methods in analyzing data and using secondary data as sources.The results of this study found that the labor and industrial relations sector, especially related to the rights and obligations of workers and employers, was initially strongly influenced by the development of globalization and information communication technology. Then, with the enactment of UUCK No.11/2020 as the latest labor law in Indonesia, and the outbreak of Covid-19, problems related to industrial relations have become increasingly complex. When viewed from the latest labor law in Indonesia, employers tend to have a stronger position when compared to the position of workers both in terms of interpretation and implementation. This is a challenge in national legislation so that legal efforts are needed to guarantee and provide legal certainty to business actors by applying sanctions in the form of criminal sanctions as ius poenale and ius puniendi.
Hanifah, Ida, Anwar Soleh Purba and Khairuddin Alwi Fajar P, ‘Legal Protection Against Pays of Workers Returned During the COVID-19 Pandemic Period in Indonesia’ (2023) 17(6) Revista de Gestão Social e Ambiental Article e03298 Abstract: This study aims to explain the role of the legal protection article on the wages of workers who work at home during the Covid-19 Pandemic. Because the virus spread has made the Indonesian Government issue regulations to better stay at home, many businesses have closed, and many workers have had to stop. This research is reinforced by the theory related to employment as written in Law No. 13 of 2003, which explains that the workforce is everyone who can work to produce goods or services to meet their own needs and for society in generalThe data collection method used is a qualitative review of labour laws and seeking legal sources for protecting labour rights. His research technique involves conducting interviews and analyzing related literature on post-Covid-19 labour laws. The study shows that the legal wage arrangement for repatriated workers is lexed specialize derogate lex generalis. So it was concluded that if there is a Covid-19 case in a worker, the worker must self-isolate and be paid in full. If conditions normalize and production stabilizes, workers will have to be rehired. Existing laws have provided guarantees to workers, so they are considered applicable, and subsequently, it is necessary to continue the analysis through Article 86 paragraph (1), the letter of law Number 13 of 2013 concerning Manpower, where every worker/ Workers have the right to obtain protection for occupational safety and health.
Haque, Bushra, ‘Labour Law in Bangladesh and India During COVID-19: A Critical Analysis’ (2021) 1(1) University of Asia Pacific (UAP) Law Review 103–116 Abstract: The COVID-19 crisis has the potential to be catastrophic for the millions of employees already in precarious situations. The shock wave it has sent down has its reverberation in shaping the globalised socio-economic condition. The vulnerable workers are among the hardest hit by the economic cataclysm of the pandemic. This article mainly focuses on the impact of COVID-19 on the exposed workers in two neighbouring countries- Bangladesh and India. Firstly, the article seeks to show the competency of the existing provisions in the legislature to deal with the pandemic. The objective is to assess whether and to what degree the existing body of laws is capable of addressing the issues that have emerged as a result of the ongoing uncontrollable situation. Secondly, it intends to provide a short but comprehensive review of the initiatives proposed by legislators in Bangladesh and India in response to the effect of the COVID-19 emergency on working conditions and business operations. Thirdly, the article deals with the responses of the state and the employers in maintaining workers’ due diligence whilst ensuring the growth of the economic activities in a country. The responses of global brands and the subsequent effects on workers in the immediate aftermath are also captured. The aforementioned responses attempt to apprehend the extent of applicability of the existing legal provisions. The article further proposes to bring changes to Acts, policies, guidelines and practices that can lead to long-term changes in order to safeguard and extend the fundamental rights of the employers and workers. The views expressed in this paper are based mostly on secondary sources. The views are critical analysis in order to understand the impact of the pandemic on the labour law regime.
Harding, Lee and William Mallin, ‘COVID-19 and Serious and Imminent Danger: A New Dawn in Employee Litigation?’ (2020) 212(July) Employment Law Journal_ _Abstract: Examines, with reference to the reopening of many UK workplaces after the COVID-19 lockdown, the scope of an employee’s right to refuse to return to work on health and safety grounds. Reviews relevant provisions of the Employment Rights Act 1996 ss.44 and 100, including the requirement for ‘circumstances of danger’, and a reasonable belief that the circumstances create a serious and imminent danger. Notes how employers can mitigate their risk.
Harrop, Sarah, ‘Racial and Ethnic Diversity in the Workplace: A Work in Progress’ (2020) 2040 Estates Gazette 49–50 Abstract: Examines the equality and diversity provisions under the Equality Act 2010 which aim to prevent discrimination in the workplace, focusing on those enabling employers to take positive action. Looks at gender pay gap reporting requirements and the risks to BAME individuals posed by Covid-19.
Harry, Putra El and Faisal Santiago, ‘Legal Protection for Health Workers during the Covid-19 Pandemic’ (Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2021, March 6th 2021, Jakarta, Indonesia, 2021)Jurisdiction: Indonesia
Abstract: This presentation discusses health workers’ legal protection in carrying out their obligations to provide services to patients infected with the coronavirus. This, of course, gives inner peace to medical personnel on duty. This paper uses a normative legal approach, which sees the Law as a phenomenon related to legal protection for medical personnel applied during the Covid-19 pandemic. The Honorary Council of Indonesian Medical Discipline seeks to provide legal protection for health workers, not only for doctors but for other health workers. This research concludes that health workers who have performed their duties following professional standards and standard operating procedures are entitled to legal protection.
Harwood, Alaina, ‘Caregiver Discrimination in the Wake of the COVID-19 Pandemic’ (2022) 33(1) Hastings Journal on Gender and the Law 79–102 Abstract: Discrimination against workers that are caregivers to family members has risen dramatically in the United States due to the COVID-19 pandemic. The horde of novel issues that were brought on by the pandemic–such as school closures–have had a severely negative impact on workers with caregiving responsibilities, resulting in many of them losing their jobs during a major recession. Because of COVID-19, workers have experienced various types of discrimination relating to their caregiver status, including harassment and retaliation for requesting accommodations and leave during a global pandemic, as well as humiliation from their employers. This paper discusses the trends in caregiver discrimination lawsuits that were filed during the COVID-19 pandemic and analyzes the common issues plaintiffs experienced at the hands of their employers. While legislation that was passed during the pandemic offered some temporary protections to workers with caregiving responsibilities, this paper also discusses how the lack of permanent and comprehensive protection at the federal level left many workers vulnerable to caregiver discrimination.
Hasea, Herlambang, ‘Legal Protection Against Social Security for Volunteers in the Currency of Costs in the Time of Covid-19 in Indonesia’ (2021) 8(4) International Journal of Multicultural and Multireligious Understanding 214-217 Abstract: When talking further about Funeral Officers in the Covid-19 era, many victims have died around the world, even in Indonesia, they have been buried by funeral officers either voluntarily or from the hospital. Funeral Officers during the Covid-19 period were an instrumental part of the formation of laws and regulations in practice, this is especially in regulating the Manpower Act, namely the Law of the Republic of Indonesia Number 13 of 2003 concerning Manpower (Law No.13-2003) and including in the Indefinite Time Work Agreement and Fixed Time Work Agreement. There has been no legal regulation regarding volunteer funeral officers in several statutory regulations. There must be legal protection for volunteer funeral officers or covering the bodies of Covid-19, both from medical and non-medical aspects, because this protection guarantee is also related to victims who are affected or as a result of carrying out duties as funeral officers or covering the bodies of Covid-19.
Haworth, Nigel, ‘On the Bright Side: Covid-19, A Perverse Once-in-One-Hundred Year Opportunity’ (2020) 45(1) New Zealand Journal of Employment Relations 47–58 Abstract: The Covid-19 pandemic, challenging as it is, provides an opportunity to rethink employment relations arrangements in New Zealand in a broader context of economic policy change, in circumstances which echo the challenges of the 1930s. Major transformation will require a combination of political imagination and will, novel economic policy initiatives, and strong commitment from the social partners.
Hess, David, ‘The Management and Oversight of Human Rights Due Diligence’ (2021) 58(4) American Business Law Journal 751–798 [pre-published version available on SSRN] Abstract: The COVID-19 pandemic showed how vulnerable workers in global supply chains are to adverse human rights impacts. Protecting such workers must be a primary policy goal in the efforts to ‘build back better’ from the crisis, and businesses conducting human rights due diligence (HRDD) is a primary means to do so. In Europe, there is a fast-moving trend towards legislatively mandating HRDD and there is potential for similar movement in the United States. Whether HRDD will significantly improve human rights conditions, however, is an open question. Based on our experience with corporate compliance programs, it is clear that the management and oversight of HRDD is an essential factor in ensuring meaningful implementation, as opposed to corporations focusing on form over substance. This article identifies those key internal governance issues and provides advice on how best to ensure effective implementation. This article argues that for most corporations, the day-to-day management of HRDD best fits with the compliance function—not the legal function—and this new role could be part of the next step in the evolution of the compliance function. This article also discusses the role of the board of directors and how HRDD combined with recent developments in the law of fiduciary duties can push directors to engage in more rigorous oversight. In addition, this article discusses the types of information that are essential for supporting the management and oversight of HRDD.
Heymann, Jody et al, ‘Protecting Health during COVID-19 and beyond: A Global Examination of Paid Sick Leave Design in 193 Countries’ (2020) 15(7) Global Public Health 925–934 Abstract: Well-designed paid sick leave is critical to ensure workers stay home when sick to prevent the spread of SARS-CoV-2 and other infectious pathogens, both when the economy is open and during an economic shutdown. To assess whether paid sick leave is available in countries around the world, we created and analysed a database of legislative guarantees of paid leave for personal illness in 193 UN member states. Original labour and social security legislation and global information on social security systems for each country were obtained and analysed by a multilingual research team using a common coding framework. While strong models exist across low- middle- and high-income countries, critical gaps that jeopardise health and economic security remain. 27% of countries do not guarantee paid sick leave from the first day of illness, essential to encouraging workers to stay home when they are sick and prevent spread. 58% of countries do not have explicit provisions to ensure self-employed and gig economy workers have access to paid sick leave benefits. Comprehensive paid sick leave policies that cover all workers are urgently needed if we are to reduce the spread of COVID-19, and be ready to respond to threats from new pathogens.
Higgins, Colman, ‘Bar on Activating Redundancy Extended Further, Along with Special Sick Pay’ (2020) 30 Industrial Relations News 9–10 Abstract: Reports that, according to a brief prepared for the Minister for Employment Affairs and Social Protection, the Social Insurance Fund is set to record an operating deficit of almost EUR 2 billion, assuming that the impact of COVID-19 extends into 2021. Notes that there are already twice the number of collective redundancies in 2020 by comparison to the whole of 2019.
Hoey, Barbara E and Alison Frimmel, ‘The EEOC Confirms Employers Can Mandate a Vaccine, But Should They?’ (2021) 47(1) Employee Relations Law Journal 40–46 Abstract: This article reviews the highlights of the guidance issued by the Equal Employment Opportunity Commission after COVID-19 vaccines were approved and offers practical advice for employers considering rolling out a mandatory vaccination program for their employees.
Hoey, Barbara E et al, ‘Remote Workforces, Expletives at Work, and Problems with Masks, Shirts, and Hats’ (2020) 46(3) Employee Relations Law Journal 78–83 Abstract: The article discusses the additional guidelines issued by the U.S. Department of Labor (DOL) on managing remote workers amidst the COVID-19 pandemic. The guidance is based on the federal Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Families First Coronavirus Response Act (FFCRA). Also cited are the other applicable employment laws like the Americans with Disabilities Act (ADA) and Occupational Safety and Health Act (OSHA).
Hope, Joan, ‘Consider Emerging Law and Policy Issues on Long COVID and Disability’ (2022) 27(10) Disability Compliance for Higher Education 9 Abstract: As the extent of Long COVID becomes evident, strategies to address it are needed. The Coelho Center for Disability Law, Policy, and Innovation at Loyola Marymount University’s Loyola Law School sponsored a webinar titled ‘“Long COVID” and Disability: A Panel on Emerging Law and Policy Issues.’ Assistant Secretary of Labor for Disability Employment Policy Taryn Williams and Director for the Office of Civil Rights in the Department of Health and Human Services Lisa Pino shared perspectives on what their agencies are doing to address Long COVID.
Horváth, István and Zoltán Petrovics, ‘COVID ’19 – Hungary: Measures Concerning Employment, Collective Labour Law and Social Security (Part 1)’ [2020] Noticias CIELO (advance article, published 4 April 2020) Abstract: The state of emergency in Hungary was declared by 40/2020. (III. 11.) Government Decree on March 11, 2020. Thereafter, the following amendments of legal regulation came into force in the field of employment, collective labour law and social security until 4 April 2020. The provisions adopted in the field of labour law generally made it easier for an employer to organize work during the state of emergency. The new temporary provision which made possible to deviate from the provisions of the Labour Code by an agreement of the employer and the employee, in our opinion, can easily eliminate the protective function of labour law.
Horváth, István and Zoltán Petrovics, ‘COVID-19: Hungary Measures Concerning Employment, Collective Labour Law and Social Security (Part 2)’ [2020] (4) Noticias CIELO (advance article, published 16 April 2020) Abstract: Since the completion of the manuscript of the first part of our paper several new Government decrees have come into force. On the one hand, this legislation makes it even more flexible for the employer to define working conditions. On the other hand, new decrees of the Government provide support for part-time employment and make a social security guarantee for those employees, who agree with the employer an unpaid leave. And – as at the end of the news programs – sports: football clubs can unilaterally decide to reduce the salaries of the employed football players. This possibility, authorized by a Government Decree, can be deemed as an unparalleled interference in the contractual (private law) relations of labour law.
Hromovenko, Kostiantyn et al, ‘Legal Responsibility for Vaccination against COVID-19 in Ukraine and Other Countries’ (2021) 10(43) Amazonia Investiga 264–271 Abstract: This article analyzes the liability that may arise in case of refusal to receive a COVID-19 vaccine shot, as well as vaccination-related problems in Ukraine and worldwide. We focused on the international and Ukrainian situation regarding the COVID-19 vaccination process. We also considered the legal framework on this issue. The main task of the study was to determine whether there is a liability, including criminal liability, for refusing to receive the COVID-19 vaccine, the nuances, and the legal basis of this process. The research methodology includes general scientific and special scientific methods, such as systemic, structural, formal-legal, hermeneutic, and methods of analysis and synthesis. We found that COVID-19 vaccination is currently voluntary but not mandatory in Ukraine. At the same time, according to legal documents, vaccination against several diseases such as diphtheria, pertussis, measles, polio, tetanus, and tuberculosis is mandatory. Practically, this means that those who are subject to such preventive vaccinations may be subject to sanctions in the form of dismissal for refusing to vaccinate. Only a few foreign countries currently use mandatory COVID-19 vaccination for the entire adult population. More common is mandatory vaccination of certain categories of workers, including health workers, social workers, essential workers, civil servants, and others who are in close contact with people or whose health and well-being are of particular importance to national security.
Hu, Luojia and Bo E Honoré, ‘The Covid-19 Pandemic and Asian American Employment’ (FRB of Chicago Working Paper No 2020–19, 21 September 2020) Abstract: This paper documents that the employment of Asian Americans with no college education has been especially hard hit by the economic crisis associated with the Covid-19 pandemic. This cannot be explained by differences in demographics or in job characteristics. Asian American employment is also harder hit unconditional on education. This suggests that different selection into education levels across ethnic groups alone cannot explain the main results. This pattern does not apply to the 2008 economic crisis. Our findings suggest that this period might be fundamentally different from the previous recession.
Huckle, Theo, Nick Brown and Frederick Powell, ‘At the Front Line of COVID-19: Forgotten Victims?’ (2020) 170(7888) New Law Journal 10–12 Abstract: Discusses the legal issues likely to arise in claims for compensation for key workers either killed or left with serious health conditions because of their exposure to COVID-19 at work. Looks at an employer’s liability to provide personal protective equipment (PPE), whether an employee is entitled to decline to work without PPE, the Government’s role, ECHR art.2, and the Chief Coroner’s guidance on inquests.
Hunkin, Elise and Peter Alsen, ‘Business as (Un)Usual: A Critical Policy and Legal Analysis of Australia’s COVID-19 “Free Childcare” Policy’ (2024) Children and Youth Services Review (advance article, published online 13 March 2024) Abstract: From 2020, the COVID-19 global pandemic has highlighted the crucial role of childcare in the lives of families and children, as well as its economic importance to nation states. In Australia, pandemic effects threatened the childcare sector’s viability, leading to a period of ‘fee free’ childcare policy. After decades of rigorous marketisation, this unprecedented ‘fee free’ period dispelled the state illusion that market models are unmovable and was robustly supported by families and various other stakeholders. Yet, ‘fee-free childcare’ lasted only three months and childcare was the first industry to be removed from Commonwealth business relief payments. Drawing on these recent happenings, we revisit the question of whether economic free market models of childcare are legally and ethically appropriate policy and law in democratic countries that are signatories of major human rights conventions. To do this, we present and apply an interdisciplinary critical policy and legal analytical lens to the Australian COVID-19 childcare policy context, including the legislative solutions presented, their implementation and implications. To conclude, we posit alternative childcare policy approaches that we argue would orient childcare services within stronger legal and ethical frameworks.
Hunt, Joanna, ‘Complying with Business Immigration Law During the COVID-19 Pandemic’ (2020) 210(May) Employment Law Journal 16–18 Abstract: Considers changes to immigration policy as a result of the coronavirus pandemic and how this is likely to affect employers and migrant workers. Looks at the effect on applicants who are unable to enter the country, foreign national employees outside the UK and foreign national employees inside the UK. Discusses how the Government has adapted right to work checks for new starters where employees are working at home, and the duties of Tier 2 sponsor licence holders.
Hurbean, Ada and Bogdan Florea, ‘Working from Home and Teleworking from a Fiscal Perspective’ (2021) 52(3) European Journal of Social Law / Revue Européenne du Droit Social 58–67 Abstract: The pandemic triggered by the Sars-Cov-2 virus generated a reconsideration of labor relations. Before the pandemic, working from home and teleworking were the exception, the rule being the work organized at the employer’s workstation or headquarters. The states of alert and emergency established on the Romanian territory forced the employers to look towards the organization of work from home and teleworking for their employees. While teleworking is regulated by a special law, working from home is regulated by several articles of the Labor Code. The Romanian tax legislation establishes some rules regarding the settlement and deduction by the employer of the expenses with the utilities of the teleworkers but does not contain provisions regarding the similar expenses made by the employee who are working from home.
Ibekwe, Chineze Sophia, ‘Legal Implications of Covid-19 on the Employers’ Duty to Provide a Safe Work Environment’ (2020) 101 Journal of Law, Policy and Globalization 196
Ihnatowicz, Nicola and Anna Scott, ‘Government Suspends Gender Pay Gap Reporting’ (2020) 209(April) Employment Law Journal 15–17 Abstract: Notes the suspension of the annual gender pay gap reports due to the coronavirus pandemic. Discusses guidance issued by the Government Equalities Office in 2019 to help employers address the issue of the gender pay gap and to develop a gender pay gap action plan. Notes legislation on positive action.
Inayah, Inayah and Surisman Surisman, ‘Work Termination During The Covid-19 Pandemic in The Perspective of Positive Law in Indonesia’ (2020) 4(1) Legal Standing : Jurnal Ilmu Hukum 247–254 Abstract: The case of work termination which involves businessowners and labor happens widelyin various companies due to the Covid-19 pandemic in Indonesia. This research usesthe normative legal research method. During this Covid-19 pandemic, this worktermination is carried out to save the company and to prevent more victims. Problemswhich happen regarding work termination include the reasons for this termination andthe post-termination compensation. Work relations is a reciprocal relationship which isbased on a two-party agreement. The legal protection for work termination may becarried out during this Covid-19 pandemic. If the rights stated above are not obtainedby the workers, then they may initiate a deliberation. They may also go through conflictresolution procedures on industrial relations outside of court, based on the Republic of Indonesia’s Constitution No. 2 of 2004.
Indratmoko, Daryll Alessandro et al, ‘Legal Perspective on Layoff Because of the Pandemic Situations’ (2021) 1(1) In-prolegurit (International Proceeding: Legal, Human Rights and Technology) 304–321Jurisdiction: Indonesia
Abstract: Covid-19 pandemic affected many sectors, one sector that affected significantly are economics, Covid-19 pandemic makes human difficult to do an economic action, therefore many company are affected by this, many company can’t have a stable income, therefore they can’t pay their workers salary, because of this the company have to do a work termination for their workers, this really affect the workers that receive a work termination, the workers can’t have an income to fulfil their daily life needs, and usually their family too and this also makes the unfulfillment of their human rights, this paper are written to give a solution to this problem in this paper we use the inductive method Through this method particular situations can be analyzed through an individual study of the facts that formulates general conclusions, that help to the discovery of generalized topics and theories that start from the systematic observation of the reality, with this paper we hope it can help the workers that affected by this pandemic situations. These solutions include reducing the wages and facilities of top-level workers such as managers and staff of the company, reducing shifts, limiting and eliminating overtime work, reducing working hours, temporarily disbursing and housing workers, not extending the contract life of workers who have expired, and providing pensions to workers who have entered old age and have qualified for retirement, The next step that can be done is the effort of negotiations between employers and workers or unions. We hope this solution can help all the workers that affected by the pandemic situations.
‘Inequality in the Impact of the Coronavirus Shock: Evidence from Real Time Surveys’ (IZA Discussion Paper No 13183, April 2020) Abstract: We present real time survey evidence from the UK, US and Germany showing that the labor market impacts of COVID-19 differ considerably across countries. Employees in Germany, which has a well-established short-time work scheme, are substantially less likely to be affected by the crisis. Within countries, the impacts are highly unequal and exacerbate existing inequalities. Workers in alternative work arrangements and in occupations in which only a small share of tasks can be done from home are more likely to have reduced their hours, lost their jobs and suffered falls in earnings. Less educated workers and women are more affected by the crisis.
Irlacher, Michael and Michael Koch, ‘Working from Home, Wages, and Regional Inequality in the Light of COVID-19’ (SSRN Scholarly Paper No ID 3582329, 2020) Abstract: We use the most recent wave of the German Qualifications and Career Survey and reveal a substantial wage premium in a Mincer regression for workers performing their job from home. The premium persists within narrowly defined jobs and after controlling for workplace activities and accounts to more then 10%. In a next step, we provide evidence on substantial regional variation in the share of jobs that can be done from home across NUTS2 districts in Germany. Our results suggest that the COVID-19 crisis might affect already poorer regions more heavily as a lower share of workers can work from home there. Hence, looking at regional disparities in terms of different types of occupations is central for policy makers in choosing the right economic policies to mitigate the consequences of the crisis.
Irvine, Heather and Nadira Deonarain, ‘COVID-19 Pandemic and the Employer’s Health and Safety Obligations’ (2020) 20(3) Without Prejudice 11–12 Abstract: Health and safety legislation throughout Africa is clear that employers have a legal duty to provide and maintain a safe, healthy work environment. For instance, in Kenya, employees are protected under “The Occupational Safety and Health Act 2007”; Seychellois employees under the “Occupational Safety and Health Decree 1978”, and South African employees under the “Occupational Health and Safety Act 1993”. Accordingly, from both a legal and operational perspective, employers must do all that is reasonably possible to ensure that employees are protected from infection and the spread of COVID-19 in the workplace.
Isa, Yusramizza Md and Anis Shuhaiza Md Salleh, ‘State Intervention to Oblige Corporations’ Measures to Prevent COVID-19 Diffusion: A Truly Justified Matter?’ in Loganathan Krishnan and Wai Meng Chan (eds), The Impact of COVID-19 on Corporations and Corporate Law in Malaysia (Springer Nature, 2022) 131–149 Abstract: Global labour and organisations were threatened by CoV-2’s SARS-like virulence. Governments worldwide have developed workplace preventative and regulatory measures like corporate commitment. Mandatory safety and health regulations are considered as a management strategy to prevent health risks and disease at workplaces, including virus transmission. States have enforced isolation, quarantine, mask wear, and social separation to combat COVID-19 in the workplace. Malaysia employs a number of rules and regulations for the control of COVID-19 transmission. The most important are the Prevention and Control of Infectious Diseases Act 1998 and the Occupational Safety and Health Act 1994 (‘OSHA’). By employing these statutes, the state intervenes to mandatorily impose certain preventive measures on the company to prevent the spread of COVID-19, thereby obliging the company to impose them on its employees. The state’s engagement in the corporations’ management of the COVID-19 outbreak has also been criticised. It was suggested that making certain preventive measures obligatory or making particular individuals in a corporation responsible for violating government-issued regulations or norms is a rigorous approach and not justifiable. Beginning with a philosophical discussion of the justifications of public health and criminal law in disease prevention and control, this chapter would address the state’s intervention in corporations to require COVID-19 prevention measures under public health and criminal law, followed by a discussion of how corporations could be regulated to prevent disease spread. The following section of this chapter discusses governments’ implementation of obligations on corporations to adopt preventive steps against COVID-19 transmission in the workplace.
Ismaila, Yuwan Zaghlul, ‘Encourage the Advance of Artificial Intelligent in Replacement the Position of Civil Servant Apparatus During Pandemic to Reduce the Nepotism in Indonesia’s Bureaucracy’ (International Proceeding: Law and Development in the Era of Pandemic, Faculty of Law, Universitas Islam Indonesia, 28 November 2020, 2021) 132–137 Abstract: Artificial Intelligent is intelligent demonstrated by machines that’s specifically have some similarities with human intelligences, Indonesia reported have the ARTIFICIAL intelligent ROBOT, the intention of Mr. President to replace the ASN with Artificial Intelligent in the government will soon be realistic, Indonesia actually now have a great Artificial intelligent robot, but the utilization of AI robot in Indonesia still very lack, it’s still need the transition era for this in replacement. The use of AI robot still rise so many questions in law, on how the position of AI regulated in Indonesian Law, as we know that its robot intelligently work like human that they can understand and can respond like human, but what become the question law or provision drafting is about the emergence situation, the robot still cannot detect whether it’s it rushing situation or not, the drafting of the law in the AI itself always can be related with cyber law, but in my own understanding even though the draft of law in cyber law are enough to regulate about Artificial intelligent itself but the law need to ruled more about the Artificial intelligent, there can be any error, the question arise that who should we blame with those artificial intelligent commit error during the process of bureaucracy then affect so many system in another sector, so the law should draft more about that in order to prevent the error that can be caused by the AI itself, in order to achieve bureaucracy 4.0, the government have to work seriously without involving the personal interest in nit, bureaucracy 4.0 has four indicators. These indicators are service acceleration, service efficiency, service accuracy, work flexibility, and social impact. With the flexibility of ASN working time, work does not have to be done in the office. In the future, some jobs can be done via smartphones, which of course will be more efficient and shorten the flow of bureaucracy. It is in this context that explained about ASN that can work from home which is the attention of the mass media.
Israhadi, Evita, ‘The Social Impact of Force Majeure and The Consequences of the Determination of the Covid 19 Disaster Status on Learning the Manpower Law’ (2020) 11(4) Journal of Social Studies Education Research 28–51 Abstract: This study aims to explore learning about the labor law regarding the Force Majeure event due to the determination of the 2019 Corona Virus Disease pandemic (Covid-19) National Disaster, which has implications for the termination of employment in Indonesia. This type of research is normative-empirical legal research. The non-Judicial case study’s approach is based on primary legal materials, social behavior guidelines, and relevant previous research. The study results reveal that the impact of social force majeure on Termination of Employment due to the determination of the Covid 19 disaster status imposed by the government has resulted in an increase in unemployment and increased economic difficulties for the community. The law of force majeure based on labor regulations and policies reveals that layoffs are carried out after going through the renegotiation process stage. Layoffs cannot just be carried out unilaterally by companies, especially on the Covid 19 outbreak. This is because there are independent auditing steps carried out by stakeholders before actually being declared to have experienced a force majeure condition and enforcing layoffs. In other words, layoffs can be done if both parties have negotiated and are looking to solve the company’s financial problems. This research’s main contribution is for stakeholders, especially work bound by the company’s work contract. By increasing the legal literacy force majeure, the unemployment rate due to layoffs should be controlled. In this case, the government needs to review the Manpower Act regulation related to the force majeure criteria so that social justice can truly be realized for Indonesian workers.
Italian Labour Law e-Journal (2020) 13(1S) Special Issue: Covid-19 and Labour Law. A Global Review Issue abstract: This special issue intends to provide a systematic and informative overview on the measures set out by lawmakers and/or social partners in a number of countries of the world to address the impact on the Covid-19 emergency on working conditions and business operations. The aim is to understand which labour law norms and institutions and which workplace arrangements are being deployed in the different legal systems to tackle the global health crisis. Another aim is to find whether and to what extent the established body of laws is proving able to cope with the problems raised by the current extraordinary situation or whether, on the contrary, new special regulations are being introduced. The national reports may be subject to updating in case of major changes.
Contents:
COVID-19 and Labour Law: Free Movement of Healthcare Personnel within the EU Giacomo Di Federico
National Reports
COVID-19 and Labour Law: Argentina Facundo Martin Chiuffo
COVID-19 and Labour Law: Australia Anthony Forsyth
COVID-19 and Labour Law: Austria Martin Risak
COVID-19 and Labour Law: Belarus Kirill Tomashevski
COVID-19 and Labour Law: Belgium Alexander De Becker
COVID-19 and Labour Law: Bosnia and Herzegovina Nedim Hogic
COVID-19 and Labour Law: Brazil Ana Virginia Moreira Gomes and Eduardo Rocha Dias
COVID-19 and Labour Law: Canada David J Doorey
COVID-19 and Labour Law: Chile Pablo Arellano Ortiz, Andrés Ahumada Salvo and Natalia Astudillo Sanhueza
COVID-19 and Labour Law: China Wenwen Ding
COVID-19 and Labour Law: Colombia Juan Pablo López Moreno, Luz Angela Duarte González and Juliana Morad
COVID-19 and Labour Law: Croatia Ivana Grgurev
COVID-19 and Labour Law: Cyprus Christiana Cleridou
COVID-19 and Labour Law: Denmark Mette Soested and Natalie Videbaek Munkholm
COVID-19 and Labour Law: Dominican Republic Javier A Suarez A
COVID-19 and Labour Law: Estonia Merle Erikson
COVID-19 and Labour Law: Finland by Annika Rosin
COVID-19 and Labour Law: France Nicolas Moizard
COVID-19 and Labour Law: Free Movement of Healthcare Personnel within the EU Giacomo Di Federico
COVID-19 and Labour Law: Georgia Zakaria Shvelidze
COVID-19 and Labour Law: Germany Rüdiger Krause, Jonas Walter Kühn
COVID-19 and Labour Law: Greece Effrosyni Bakirtzi
COVID-19 and Labour Law: Hungary Tamás Gyulavári
COVID-19 and Labour Law: Iceland Elín Blöndal
COVID-19 and Labour Law: India Saurabh Bhattacharjee
COVID-19 and Labour Law: Indonesia Petra Mahy
COVID-19 and Labour Law: Iran Elaheh Zabeh
COVID-19 and Labour Law: Ireland David Mangan
COVID-19 and Labour Law: Israel Einat Albin, Guy Mundlak
COVID-19 and Labour Law: Italy Chiara Gaglione, Ilaria Purificato and Olga P Rymkevich
COVID-19 and Labour Law: Japan Qi Zhong
COVID-19 and Labour Law: Kenya Abigail Osiki
COVID-19 and Labour Law: Latvia Zane Rasnača
COVID-19 and Labour Law: Lebanon Sari Madi
COVID-19 and Labour Law: Mexico Alfredo Sánchez-Castañeda, José Pablo Hernández Ramírez
COVID-19 and Labour Law: The Netherlands Beryl ter Haar
COVID-19 and Labour Law: New Zealand Dawn Duncan
COVID-19 and Labour Law: Nigeria Philip Osarobo Odiase
COVID-19 and Labour Law: Norway Bernard Johann Mulder
COVID-19 and Labour Law: Pacific Island Countries and Fiji Elena Gerasimova
COVID-19 and Labour Law: Pakistan Iftikhar Ahmad
COVID-19 and Labour Law: Panama Tequila J Brooks
COVID-19 and Labour Law: Philippines Rowena R. Ricalde
COVID-19 and Labour Law: Poland Izabela Florczak
COVID-19 and Labour Law: Portugal David Carvalho Martins
COVID-19 and Labour Law: Republic of San Marino Leonardo Battista
COVID-19 and Labour Law: Republic of Serbia Dragana Ranđelović
COVID-19 and Labour Law: Russian Federation Iuliia Ostrovskaia
COVID-19 and Labour Law: Saudi Arabia Federico Fusco
COVID-19 and Labour Law: Slovakia Viktor Križan
COVID-19 and Labour Law: Slovenia Barbara Kresal
COVID-19 and Labour Law: South Africa Stefan van Eck
COVID-19 and Labour Law: Spain Rafael Gómez Gordillo
COVID-19 and Labour Law: Sweden Caroline Johansson
COVID-19 and Labour Law: Switzerland Kurt Pärli
COVID-19 and Labour Law: Taiwan Wanning Hsu
COVID-19 and Labour Law: Turkey Ceren Kasım
COVID-19 and Labour Law: Ukraine Yana Simutina and Sergii Venediktov
COVID-19 and Labour Law: United Kingdom Tonia Novitz
COVID-19 and Labour Law: U.S. Richard Bales
COVID-19 and Labour Law: Uruguay Federico Rosenbaum Carli
COVID-19 and Labour Law: Zambia James Kayula :
Izzati, Nabiyla Risfa, ‘Mitigating Employment Crisis during COVID-19: Evaluating Indonesian Policies through International Labour Standards’ (SSRN Scholarly Paper, ID 4146656, 24 August 2020) Abstract: COVID-19 pandemic has thrown labor markets into disarray, both globally and in Indonesia. The social restrictions and associated economic downturn are having massive negative effects on workers, and prospects for the economy as well as the quantity and quality of employment are deteriorating rapidly. The government position is tricky, it have to limit the direct health effects of COVID-19 on workers, while mitigating the indirect economic fallout across the global economy. In times like this, International labour standards can serve as a ‘decent work compass’ for government to make policies to mitigate employment crisis caused by COVID-19. In Indonesian perspective, there is a widespread believe that the Government’s top priority have always been to protect the economy. So will it influence their labour policies? This research is a doctrinal or theoretical legal research. The research will examine Indonesian labour policies in regards with COVID-19 pandemic, and evaluate whether the policies in line with international labour standard.
Jacklin, Levin Vanessa and Robyn Smerdon, ‘COVID-19 and the Development of Law in South Africa’ (2021) 21(4) Without Prejudice 62 Abstract: Mandatory vaccination policies allowed. The Department of Employment and Labour (DEL) recently announced a new directive in terms of the Disaster Management Act (known as the updated Consolidated Directions on Occupational Health and Safety Measures in Certain Workplaces).
Jacobson, Adam, ‘Legal Requirements for COVID-Related Disabilities’ (2022) 69(1) Risk Management 4,6-7 Abstract: In December, the U.S. Equal Employment Opportunity Commission (EEOC) added a new section to its COVID-19 guidance that lays out the circumstances in which COVID infection may be considered a disability under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. Employers may now have to provide reasonable accommodations for any employees or applicants experiencing longer-term or more serious effects of COVID infection, or face potential legal action for discrimination.
Jaffe, Susan, ‘Legal Challenges Threaten Biden’s COVID-19 Vaccine Rule’ (2021) 398(10314) The Lancet 1863–1864 Abstract: Critics want to block a safety rule requiring employees of large companies to get vaccinated or be tested weekly for COVID-19 and wear masks. Almost a year after the first COVID-19 vaccine was approved for emergency use in the USA, roughly a third of adults have still not received it. After urging Americans to get vaccinated, US President Joe Biden has taken a tougher approach: under his administration’s new workplace safety standard, people must get vaccinated or undergo weekly tests for the virus if they work for companies with at least 100 employees. A day after OSHA’s announcement on Nov 4, 2021, multiple lawsuits to block the rule started rolling in to federal courts across the country. So far, 27 mostly Republican-led states and several businesses have sued the Biden administration, claiming that OSHA exceeded its authority by issuing the rule. OSHA was created to ensure safe workplaces, they argue, not fight pandemics.
Jakobson, Mari-Liis and Leif Kalev, ‘COVID-19 Crisis and Labor Migration Policy: A Perspective From Estonia’ (2020) 2 Frontiers in Political Science Article 595407 Abstract: Crises can function as catalysts for policy change, but change depends on multiple factors such as the actual content of the event, the agenda-setting power of the advocates of change, and their abilities to foster advocacy coalitions and break up policy monopolies. The COVID-19 crisis is an event that halted virtually all movement, including labor migration across the world, thus having great potential to act as a major focusing event. This article will look into the possibilities of this crisis to induce permanent labor migration policy change based on the case of Estonia. The article thus contributes to the literature on migration policy change from the Central and East European perspective.
Jefferies, Katherine, ‘Can Employers Mandate Their Employees Receive the COVID-19 Vaccine?’ (2022) 47(2) Alternative Law Journal 112–117 Abstract: This article considers the legality of employers mandating the COVID-19 vaccination in Australia. A current and pertinent topic of debate, the author explores the multiple avenues an employer may have in order to make the COVID-19 vaccine compulsory and makes comparison to other regularly accepted vaccinations such as the influenza immunisation.
Jha, Shilpi, ‘Exodus of Migrant Workers’ in India: Law, Accountability and Blind Spots’ (SSRN Scholarly Paper ID 3688375, 7 September 2020) Abstract: Humanity is going through a tough and challenging phase due to an outbreak of COVID-19. The Pandemic has taken the lives of millions of people all over the world. An element of threat is prevailing within individuals and Governments of all the Nation, big or small. As on 7th September 2020, the World Health Organization (WHO) estimates 27,312,773 corona Cases, out of which 893,463 people have succumbed to the disease and 19,383,476 patients have recovered from the disease 7,035,834 cases are still active. The number of Corona cases in India is equally alarming. COVID-19 is an infectious disease caused by a newly discovered coronavirus. World Health Organization (WHO) declared COVID-19 as a Public Health Emergency of International Concern on 30th January 2020. The disease is deadly and highly contagious. The WHO guides that ‘The disease spreads primarily from person to person through small droplets from the nose or mouth, which are expelled when a person with COVID-19 coughs, sneezes or speaks’. In this background the Government of India declared Lockdown to reduce a person to person contact and curb the impact of the pandemic. This entire episode of an ongoing pandemic caused by COVID-19 has given rise to many issues one of them is a mass exodus of migrant workers from cities to villages and small towns. Government’s Lockdown suggests people stay indoors so that pandemic can be curbed but the mass exodus of migrant workers is an absolute violation of the order. The author is analyzing the International and domestic commitment by the Government vis-à-vis criminal liability of migrant worker under Indian Penal Code, 1860. This article is dealing with the international and national commitment of Government towards Migrant worker’s Rights and criminality of actions of migrant workers in breaking the Governmental orders to restrict the spread of deadly disease like COVID-19. The purpose of the article is to find out whether exodus or reverse migration is because of the failure of the government machinery in securing migrant workers’ rights or failure of migrant workers in observance of Governmental orders. To achieve this purpose, the author has analyzed three factors - firstly, India’s commitment towards fundamental International principles on migrant worker’s rights; secondly, interpretation of principles protecting rights of worker guaranteed under the Constitution of India and statute on migrant worker’s rights in India and thirdly violation of lockdown rules by the migrant workers with reference to Sections 269, 270, 271 of Indian Penal Code 1860. The research methodology used is descriptive, doctrinal and based on secondary resources like United Nation`s instruments entrusting responsibility on Governments of State Parties, Constitution of India,1950, The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, Newspaper reports, WHO reports and the Indian Penal Code,1860.
Jones, Lori Welding, ‘COVID-19 and Employee Mental Health: What Employers Can Do’ (2021) 47(1) Employee Relations Law Journal 55–61 Abstract: The significant impact of COVID-19 on employees includes not only the many risks to physical health, including, at the most extreme, death, but also the heavy toll on employee mental health. In October 2020, the Kaiser Family Foundation (KFF) reported that mental health illnesses could soon eclipse obesity as the most common pre-existing condition in the United States. Accordingly to data from the Centers for Disease Control and Prevention (CDC), the number of adults reporting symptoms of anxiety or depressive disorder increased from 11% during the period January to June 2019 to 41.5% during the two-week period January 20, 2021 to February 1 2021.
Journal of Modern Slavery (2021) 6(2): Covid-19 and Modern SlaveryNote: This Special Issue contains the following articles (other articles from this Issue, particularly on sex trafficking and slavery, are listed in the Criminal Law section of this bibliography):
- Hansen, Christopher et al, ‘Ripped at the Seams: RMG Sector Workers During a Global Pandemic’ 79–105
- Sahai, Ridhi et al, ‘Shattered Dreams: Bangladeshi Migrant Workers during a Global Pandemic’ 106–132
- Niezna, Maayan, Yahel Kurlander and Hila Shamir, ‘Underlying Conditions: The Increased Vulnerability of Migrant Workers Under COVID-19 in Israel’ 133–158
- Thinyane, Hannah and Michael Gallo, ‘Pivoting Technology: Understanding Working Conditions in the Time of COVID-19’ 195–215
Abstract: To understand the current state of industrial relations in Australia and intuit what the post-COVID-19 industrial landscape might look like it is necessary to briefly revisit the political, labour market and industrial context immediately preceding the crisis. 2019 saw another federal election in which industrial relations loomed large. The union movement bet heavily on defeating the Liberal-National Party Coalition through its campaign to ‘Change the rules’ that attempted to foment voter concern about the industrial relations regulatory framework. The campaign presented that framework as skewed in favour of employers and targeted insecure work, penalty rates and wage theft as particular issues to be addressed.
Kaminer, Debbie, ‘Discrimination Against Employees Without COVID-19 Antibodies’ New York Law Journal (4 May 2020) Abstract: Policies favoring those with immunity to a contagious disease are a novel concept. It is therefore important to think about the legal and policy issues associated with banning employees without immunity to COVID-19 from the workplace and the appropriate balance between an individual’s right to work and the public health of the nation.
Kanter, Arlene S, ‘Remote Work and the Future of Disability Accommodations’ (2022) 107(7) Cornell Law Review 1927–2006 Abstract: When the Americans with Disabilities Act was originally enacted in 1990, and later amended in 2008, technology had not yet advanced to where it is today. In the past decade, sophisticated computer applications and programs have become commonplace. These advances in technology, have enabled millions of employees to work from home since the onset of the Covid-19 pandemic in March 2020. During the pandemic, more than half of the national labor force worked remotely. By most estimates, a significant percentage of the workforce will continue to work remotely, at least part time, even after the pandemic ends. This Article argues that people with disabilities, like their nondisabled colleagues, should enjoy the benefits of our new remote workplace culture. For employees with disabilities, Title I of the Americans with Disabilities (ADA) protects their right to accommodations in the workplace. Over the years, courts have been called upon to resolve disputes between disabled employees and their employers regarding whether or not an employee’s request to work remotely is a ‘reasonable accommodation’ under Title I. An examination of the cases from every federal circuit court of appeals over the last decade reveals that most courts rule in favor of employers. However, due to recent changes in the workplace as a result of the Covid-19 pandemic, including greater reliance on communication technologies, the author argues that more courts should recognize remote work as a reasonable workplace accommodation for qualified employees. While it is true that not all employees—with or without disabilities—want to work from home, and not all jobs can be done remotely, increasing opportunities for remote work as a reasonable accommodation furthers the goal of the ADA to promote employment and economic self-sufficiency of disabled people. Remote work opportunities also may challenge the ongoing and systemic ableism that exists within many workplaces today. Further, while discussions of the future of remote work have been a ‘hot topic’ during the pandemic, this Article is the first to systemically review and analyze the state of remote work as a disability accommodation under the ADA. This Article incorporates legal analysis and social science evidence in support of its argument for remote work as a reasonable accommodation. This Article concludes with recommendations for changes to the applicable EEOC regulations which would clarify that remote work or ‘telework,’ the term used in the current regulations, is a reasonable accommodation for qualified employees under Title I of the ADA. Such changes are necessary to re-envision remote work as the future of disability accommodations under the ADA.
Kaplan, Charles H, Adam W Perry and Glen P Doherty, ‘Avoiding Labor and Employment Law Claims in the Wake of the COVID-19 Shutdown’ (2020) 90(7/8) CPA Journal 6–9 Abstract: As workplaces reopen, accountants and their clients and employers must be aware of the potential labor and employment law claims they may face related to the COVID-19 shutdown and the current gradual return to work in New York State and around the nation. Management needs to take action now to reduce the likelihood of such workplace law claims and increase the chances that management will prevail in responding to such claims if they do arise. The authors have identified several key legal areas where accountants, clients, and employers should take notice.
Karadogan, Bedir Berkay and Yunus Emre Bas, 'The Evaluation of the Concept of the Force Meajure in Labor Law with the Changes in Labor Law Legislation due to COVID-19 in the Framework of COVID-19' (2021) 24 GSI Articletter 8-33Jurisdiction: Turkey
Abstract: Due to the coronavirus ("Covid-19") epidemic that emerged in the People's Republic of China and affected the whole world, the concept of force majeure which is defined in Labor Law numbered 485, has occurred, and the concept of compelling reason was examined within the scope of the employment contract between the employee and the employer. The legal measures taken due to Covid-19, which has been declared as a pandemic by the World Health Organization, and this led to changes in Labor Law which will also be examined within the scope of this article.
Karim, Abdul and Abdul Karim Arza, ‘The Agricultural Sector Is a Pillar of Economic Growth during the Covid-19 Pandemic After the Ratification of the Omnibus Law Job Creation in Indonesia’ (2020) [no publication information provided] Abstract: The decline in national economic growth in the first quarter of 2020 experienced a decline in domestic demand. Household consumption was recorded at 2.84%, much lower than the performance in the fourth quarter of 2019 of 4.97%. Investment also grew at a slower rate of 1.7%, mainly influenced by slower construction investment. The Government’s stimulus-response was through Government consumption, which grew by 3.74% in response to slowing domestic demand. Net exports contributed positively, influenced by exports which grew by 0.24% and imports which registered a contraction of 2.19%. In terms of the business field, the economic slowdown is mainly driven by slowing activities in the trade and accommodation provision business fields as well as transportation and warehousing business fields due to reduced community mobility as a result of the implementation of measures to mitigate Covid-19. In addition, the performance of the agricultural business sector declined due to unfavorable weather developments.
Karimova, Matlyuba, ‘Unprotected and in Limbo: Legal and Economic Vulnerabilities of Tajik Labor Migrants and Russia’s Protection of Rights of Migrant Workers during COVID-19 Pandemic’ (Masters Thesis, Global Campus Europe, 2021) Abstract: This research contributes to the growing body of literature on the outcomes of covering recent trends of Tajik labor migration, violation of labor rights before the Covid-19 and impact on vulnerability of migrants during the pandemic. It is lined up on the interview research undertaken between March-June of 2021.
Kasim, Ceren, ‘Remote Work and Domestic Violence Against Women’ (2022) 12 Russian Journal of Labour & Law_ _Abstract: After the outbreak of the pandemic, many companies in Turkey either started or continued to work remotely and many of them aim to make remote work permanent in the post-pandemic period. Remote work, once a luxury of high-skilled employees, is becoming more common across the entire labor market. As large numbers of workers were instructed to work remotely from home-offices during the pandemic, reported domestic violence cases against women increased. Women have been treated as collateral damage in the ongoing fight against the pandemic. Given the expectation that remote work will remain commonplace once the pan- demic is over, it is of great importance for the sake of women workers to provide sufficient protection against domestic violence. Turkish Remote Work Regulation is grounded in a mu- tual agreement between the employer and the employee, and it favors flexibility for employers over security for employees, it also overlooks the specific needs of women workers, including protection for domestic violence victims. Turkish National Act on the Protection of the Family and the Prevention of Violence against Women contains, promisingly, regulations regarding women workers, but it has not proved sufficient in providing the necessary protections. In order to meet the needs of women in an unequally organised work environment and for the realisation of not only de jure but also de facto equality between women and men in the world of work, new approaches are required.
Kasim, Ceren, ‘Lockdowns and Domestic Violence: The Impact of Remote Work Regulations on Women Workers in Türkiye During the COVID-19 Pandemic’ in Tindara Addabbo et al (ed), Work Beyond the Pandemic: Towards a Human-Centred Recovery (Springer Nature, 2023) (pre-print) Abstract: The article delves into the profound effects of the COVID-19 pandemic on remote work in Türkiye, with a specific emphasis on the challenges faced by women in the workforce. It explores how the pandemic catalysed a significant surge in remote work arrangements in Türkiye and investigates the resulting shifts gender roles. The research primarily investigates the concerning issue of gender-based domestic violence against women working from their home offices. In doing so, it scrutinises the impact of the blurred lines between the private and public spheres, as well as the influence of anti-gender movements on the protection of women workers against gender-based domestic violence, especially in the context of Türkiye’s withdrawal from the Istanbul Convention—a leading human rights instrument addressing gender-based violence against women on the international stage. Additionally, the article delves into the legal regulations related to remote work and the safeguarding of women against violence in Türkiye. Ultimately, this research underscores the necessity for a human-centered recovery that takes into consideration the unique needs of women workers, particularly in terms of protection against domestic violence. In summary, this study raises two essential questions: How were women working remotely protected from domestic violence in Türkiye during the pandemic, and why?
Katiyatiya, Luyando Martha and Nombulelelo Lubisi, ‘The Current Social Protection Discourse, Gig Economy within the Advent of COVID-19: Some Emerging Legal Arguments’ (2024) Labor History (advance article, published online 18 April 2024) Abstract: Gig workers are classified as independent contractors, a designation often accompanied by limited rights – a recurring theme within employment laws across diverse jurisdictions. The advent of the COVID-19 pandemic has underscored the necessity for enhanced protections and benefits for gig workers. Many in this category have been disproportionately affected by the economic downturn and health risks associated with their work. Amidst evolving case law and legislative efforts, the recognition has grown that gig workers may require additional safeguards. There is an increasing argument that platforms should bear a measure of responsibility to ensure social protections for gig workers.
Katsabian, Tammy, ‘The Telework Virus: How COVID-19 Has Affected Telework and Exposed Its Implications for Privacy’ (2023) 44(1) Berkeley Journal of Employment and Labor Law 141–190 Abstract: The COVID-19 pandemic has shifted millions of people from working at their workplace to teleworking from home, generating a new normal: remote work. Remote work will be an integral part of the future of work and has positive implications for the employee, employer, and society. However, as this article aims to demonstrate, remote work also involves hidden, problematic implications for workers’ rights to privacy that arise from its hybrid, technology-based nature. Remote work creates a new hybrid workspace for employees: the home-office. The home-office combines the logic and structure of the traditional workplace with those of the private sphere of the employee. As a result, the home-office creates an ongoing dilemma with respect to the privacy rights of the employee and anyone near her, especially her family. Because the work is conducted outside the physical workplace, employers are motivated to use various monitoring tools to ensure that the worker actually works. These programs give the employer a foothold in the private life of the employee that continually infringes on the privacy rights of the worker and her family. As this article shows, this is possible because of the state of the law and the increasing evolution of dubious monitoring programs in the tech industry. Against this background, this article suggests ways to begin solving the privacy difficulty. Because of the hybrid nature of the home-office, the article argues that such solutions need to be applicable both in the workplace context and the tech industry. The article then elaborates three leading principles to solve the privacy dilemma. The first is the proportionality approach. The current state of things leads to the ‘victory’ of the employer’s interests over the employee’s right to privacy. The proportionality approach can rebalance this equation to ensure that the interests of both sides are considered. To ensure that such a balance is being achieved, the second principle is involving a representative of the employee in the process of evaluating the two parties’ needs and rights such that they jointly generate a privacy policy tailored for that specific workplace. Finally, since monitoring companies are what enable the massive intrusion into the employee’s private sphere, the last principle is incorporating privacy considerations throughout the process of engineering tracking programs, by following the privacy by design approach.
Kennedy, Richard, ‘Legal Discourse on Manpower During COVID-19 Outbreak’ (2020) 16(1) Law Reform 70–86 Abstract: Covid-19 has become a global epidemic all around the world. All countries around the world have been completely struggled by this outbreak, including Indonesia. Economy crisis is something that could not be avoided. Naturally, workers, and entrepreneurs will be either directly or indirectly affected. Massive amount of companies has applied the regulation ‘Termination of Employment’, laid of the workers, and even deduction on wages payment. Workers have become vulnerable parties in this case because they do not have enough assurance. Article 164 (1) Act No. 3 of 2003 concerning Manpower indeed regulates the Termination of Employment regulation because of force majeure, however this law seems to be slightly unsuitably applied for this outbreak Covid-19 situation. Therefore, this study is aimed to do legal discoursing in which can both assure those workers and maintain the operation of business in this tight condition. Finally, Indonesia needs to return back to kinship culture and unity in diversity philosophy as stated in Pancasila to equalize the interests both for workers and employers. According to Article 33 (1) and (4) of 1945 Constitution of Republic Indonesia, it has been firmly stated that Indonesian economy should be organized as a common endeavor based upon the principles of the family system and conducted on basis of Pancasila democracy. Hence, government is expected to play the intermediary role in order to unify and even out interest of all parties. Law of Manpower need to be adjusted with some regulations about rights and responsibilities accommodate to workers, employers, and government in deal with epidemic outbreak.
Kenyon, Richard and Edmund Chambers, ‘Unprecedented Measures for Unprecedented Times’ (2020) 210(September) Employment Law Journal 1–6 Abstract: Examines the scope of the coronavirus job retention scheme (CJRS), and: whether employees need to be consulted about being furloughed; employers’ eligibility for the CJRS; how the grant is calculated; guidance on tax and pensions obligations; what employees can do during the furlough period; and interaction with other forms of leave and pay. Highlights confusion about taking and accruing holiday during furlough.
Khairani, null and Sri Arnetti, ‘Protecting the Rights of Laid-off Workers during the COVID-19 Pandemic after the Enactment of Law No. 11/2020 on Job Creation’ (2023) 9(2) Cogent Social Sciences (advance article, published online 18 September 2023) Abstract: This study discusses the legal protection for workers whose employment relationship has been terminated after the enactment of Law No. 11/2020 on Job Creation which derives from the Indonesian Omnibus Law. The purpose is to examine the protection of laid-off workers’ rights under the Job Creation Law during the COVID-19 pandemic which has increased the threat of layoffs around the globe including in Indonesia. This study seeks to address the question of how employment termination, also known as layoff, is regulated in Law No.11/2020 on Job Creation which was repealed and replaced with Law No. 6/2023 to guarantee the rights and legal protection of laid-off workers during the COVID-19 pandemic. This is socio-legal research drawing on primary data related to the Job Creation Law and workers’ rights protection during the COVID-19 pandemic. The findings of the study indicate that the regulation of worker layoffs has changed in the Job Creation Law, including the procedure for implementing the layoffs that no longer require the verdict of the Industrial Relations Court. The study also found that the protection for workers by the Job Creation Law during this pandemic is in the form of severance pay, gratuity pay, and compensation in the amount of 0.5 of the provisions of Article 156, which is smaller than the provisions of Law No. 13/2003 on Employment.
Khairunnisa, Vena Lidya and Mochammad Ilham Nurrobby, ‘Legal Protection of Female Journalists over Gender Inequality during the Covid-19 Pandemic’ 5(2) Lex Scientia Law Review 123–136 Abstract: The purpose of this study was to find out the legal problems experienced by female journalists over gender inequality during the Covid-19 pandemic and to find out the legal protections to overcome these problems. The type of research used is a normative legal research type with an invitation approach and a historical approach. The findings in this paper are, during the Covid-19 pandemic, gender inequality towards female journalists has increased. It is still very rare for people to raise issues related to gender inequality experienced by female journalists. Examples of problems with a gender perspective in the media are the lack of involvement for women in journalism activities, marginalization and subordination positions for women in various fields, legitimacy regarding gender bias, dominating economic and political interests, regulations on media that are not sensitive to gender and between conventional journalism and gender. equality. The government in Indonesia officially adheres to the principle of equality as regulated in Article 27 of the 1945 Constitution of the Republic of Indonesia which states that all Indonesian citizens are equal before the law. Therefore, journalists must be able to enjoy gender and legal protection for the gender inequality they experience. It is necessary to reconstruct the law, considering that women have the same position as men in terms of their position, rights and obligations so that they have equal opportunities in various fields.
Khan, Adeel Ahmad, ‘Migrant Labor Crisis in India’ (SSRN Scholarly Paper No ID 3632308, 15 June 2020) Abstract: COVID-19 has brought the countries on a standstill, our country was no different. With widespread risk of infection and turmoil everywhere due to uncertainty and fear, the days became chaotic for the workers as their workplaces shut down. The lockdown was taken as a preventive measure by the government to avoid further exposure and contain the virus in a limited area. This article explores the problems faced by the workers and migrants as they were left without any work and the daily-wagers who earned their food on daily basis. With no work and less or no food majority of them were forced to migrate to their native places.
Khayitovich, Yuldashev Dzhakhongir, ‘Characteristics and Legal Regulation of Labor Migration Relations in Uzbekistan in the Conditions of Pandemic’ (2022) 2(5) International Journal of Development and Public Policy 97–99 Abstract: The problems of regulating labor migration relations are becoming increasingly important owing to the intensification of integration processes in the world and the acceleration of international relations. The total number of migrants was 3.5% of the world`s population, the bulk of which accounted for 60% of labor migrants as of January 1, 2021, in accordance with the data of the International organization for migration.
Khurshid, Hamid, Crystal Wu and Robin Snell, ‘Responsible Leadership at a Time of Crisis: Implementing Distributive Justice Amidst the COVID-19 Pandemic’ (SSRN Scholarly Paper No ID 3702246, 30 September 2020) Abstract: The COVID-19 pandemic has created monumental business challenges for both leaders and employees. Companies across the world are experiencing contractions in sales and production due to disruptions in the functioning of global supply chains, and global travel restrictions have curtailed economic activities. The current study analyze how firms in Hong Kong and the Peoples Republic of China (PRC) have been making human resources decisions during the COVID-19 crisis. Drawing on semi-structured interviews with eight firms operating in Hong Kong and PRC, this study also explore the possibility that the current crisis may have invoked changes in conceptions of need, fairness and responsibility within our focal firms.
Kismilarsih, Fatikhah, I Nyoman Putu Budiartha and I Gusti Bagus Suryawan, ‘Legal Responsibility Hotel Tourism Accommodation Company in Termination of Employment During the Covid-19 Pandemic’ (2023) 3(2) Journal Equity of Law and Governance 111–119 Abstract: The Covid-19 pandemic significantly impacted tourism accommodation companies, resulting in a drastic reduction in tourist visits and subsequent workforce layoffs, leading to terminations. Normatively, legal regulations have not comprehensively addressed the challenges arising from these terminations during the pandemic, leading to a legal vacuum regarding the responsibilities of accommodation companies towards terminated employees (rechtsvacuum). Empirically, the research focuses on analyzing the implications of legal protection on hotel and tourism accommodation workers facing termination due to the pandemic. This study employs a mixed-methods approach combining legal doctrinal and empirical research. Findings reveal the uncertain legal status of terminated workers in the context of hotel and tourism accommodation companies during the Covid-19 pandemic. Despite being sent home, these workers legally retain their employee status under the Job Creation Law, entitling them to monthly wages, allowances, and other associated rights. The regulatory framework addressing accountability for layoffs during the pandemic includes Article 156 of the Employment Law, Article 156 of the Job Creation Law, as well as PP Number 35 of 2021 and PP Number 37 of 2021. To enhance future accountability models for hotel and tourism accommodation companies regarding employment termination, an addition in paragraph (3) of Article 43 in PP Number 35 of 2021 is suggested specifically concerning laid-off workers’ rights and obligations.
Knapp, Hunter, ‘Essential, Not Expendable: Protecting the Economic Citizenship of Agricultural Workers’ (2022) 93(2) University of Colorado Law Review 459–487 Abstract: When the COVID-19 pandemic reached the United States in early 2020, the importance of agricultural workers became undeniable. Fear of food shortages seized the nation, and many people saw the shelves of grocery stores empty for the first time. On March 19, 2020, the Cybersecurity and Infrastructure Security Agency identified workers in the food and agriculture sectors as ‘essential critical infrastructure workers.’ This designation allowed agricultural workers to continue earning desperately needed wages, but these workers did so without adequate protection from COVID-19. Also lacking protected collective-bargaining rights and representatives, individual agricultural workers did not have the power to successfully advocate for safer practices or accommodations to work schedules. Along with many classes of healthcare and transportation workers, the Centers for Disease Control and Prevention (CDC) continues to identify agricultural workers as ‘essential to maintain critical infrastructure and continue critical services and functions’ during the COVID-19 pandemic. This capricious treatment of agricultural workers during the COVID-19 crisis—one moment acknowledging their essential role, the next denying them rights—highlights the need to protect their full economic citizenship.
Kolker, Dina and Anichkova, ‘Public Employee Speech in a Pandemic’ (2021) 46(4) Employee Relations Law Journal 52–60Jurisdiction: USA
Abstract: The authors explain that public employees concerned about virus exposure at work enjoy various protections from retaliation for speaking out about perceived unsafe working conditions.
Kooli, Chokri, ‘The Importance of Protecting Jobs and Workers Rights during Crises’ [2022] Berkeley Business Law Journal (forthcoming) Abstract: The COVID-19 crisis has impelled the introduction of exceptional measures by organizations to contain the pandemic to ensure employee safety. Protecting workers’ rights is germane in the economy, especially those most vulnerable to limited social protection and income losses.
Kotulovski, Karla and Sandra Laleta, ‘The Abuse and Exploitation of Foreign Seasonal Workers: Did the Coronavirus Emergency Worsen Already Precarious Working Conditions in the Agricultural Sector?’ (2021) 5(EU 2021 – The Future of the EU in and After the Pandemic) EU and Comparative Law Issues and Challenges Series (ECLIC) 326–358 Abstract: Seasonal workers are increasingly important in some Member States as a means to fill the labour market needs. Preferred due to their lower salaries, greater docility and the evasion of administrative and social security obligations, migrant workers are often treated less favourably than domestic workers in terms of employment rights, benefits and access to adequate housing. The agricultural sector of employment is particularly at risk of labour exploitation during harvest seasons and thus associated with atypical or informal forms of employment and precarious working conditions. The COVID-19 pandemic gave visibility to the new risks the seasonal workers are exposed to. In addition, it showed that in some cases such problems can lead to the further spreading of infectious diseases and increase the risk of COVID-19 clusters. The consequences of of the pandemic can be observed in Croatia too. This paper primarily covers the position of third-country nationals who enter and reside in Croatia for the purpose of agricultural seasonal work within the framework of the Seasonal Workers Directive (Directive 2014/36/EU). Significant challenges facing the Croatian labour market have been addressed by means of a comparative approach in order to present the current situation on the EU labour market and suggest potential legal solutions applicable in regard to the national circumstances.
Krantz, Emmalyn, ‘Paid Family Leave: How A Global Pandemic Exacerbates The Need For A Comprehensive National Paid Leave Policy’ [2022] (3) Illinois Law Review 1293–1324 Abstract: Even after a global pandemic swept through the nation’s workforce, the United States remains one of only a few countries without a permanent paid family leave policy. Although temporary paid extensions to the current national, unpaid family and medical leave policy were enacted, the expiration of these policies leaves employees without needed job and income protections. Despite historic job losses and nearly 2.5 million women leaving the workforce, current paid leave proposals have yet to gather enough support to pass in Congress and still lack the comprehensive assistance necessary to support the workforce they are aimed at protecting. This Note acknowledges that some state and private paid leave programs are already in place. It recommends, however, broader protections in the form of a comprehensive paid family leave program, which is imperative to fill the gaps and to facilitate an inclusive economic recovery.
Kresnapratiwi, Avita Gayatri, ‘The Legal Responsibility of Employers for Paying Wages of Workers Who Are Temporary Layoffs During the COVID-19 Pandemic’ (2021) 4(1) Nurani Hukum: Jurnal Ilmu Hukum 54–64Jurisdiction: Indonesia
Abstract: The COVID-19 pandemic has an impact on the economic downturn in every company, so many companies choose to temporary layoffs their workers. In the case of wages for workers who are temporary layoffs, employers are not allowed to not pay wages while the workers are temporary layoffs, so if the employer is unable to pay the workers’ wages according to the minimum wage, the employer can postpone the payment of wages, but must first negotiate with the workers/laborers or labor union. For this reason, this article was written with the aim of knowing the responsibility of employers when temporary layoffs workers during the COVID-19 pandemic. The type of research used by the author in this study is normative juridical research, using descriptive analysis using library data as the main data. The results of this study can be concluded that the act of temporary layoffs workers was chosen by the employer as an effort to anticipate the occurrence of termination of employment. The responsibility of employers if they do not pay full wages to their workers during the COVID-19 pandemic employers can be fined, as regulated in Article 55 paragraph (1) of Government Regulation Number 78 Year 2015 concerning Manpower Wage, whereas for workers because their wages are not paid, they can file a termination between the worker and the employer because employers do not pay wages on the promised time for 3 consecutive months or more and do not do what has been promised.
Kuriakose, Francis and Deepa Kylasam Iyer, ‘Labor Migration in the Post-COVID World: Imagining “Just Transition” Using Decent Work Agenda’ (SSRN Scholarly Paper No ID 3666064, 3 August 2020) Abstract: This article examines how COVID-19 impacts migrant workers and what can be done for their equitable transition after the pandemic is subdued. The immediate policy response to the pandemic was closing of national borders that resulted in a state of emergency on a global scale. The need for continuous and safe passage of goods, services, and workers was acknowledged by laws and policies that were an ‘exception’ to the rule, and deemed ‘essential’. This approach resulted in five distinct types of impact on the migrant worker in the spheres of employment, health, movement, social protection, and opportunities. This study uses the framework of ‘just’ transition from sustainability discourse to imagine a labor-centered long-term policy for the migrant worker.
Kurniawan, Itok Dwi, Ismawati Septiningsih and Jose Gama Santos, ‘Juridical Analysis of Termination of Employment Due to the Covid-19 Pandemic in the Context of Indonesian Employment Law and Citizenship Education’ (2023) 20(2) Jurnal Civics: Media Kajian Kewarganegaraan 396–404 Abstract: The Indonesian government has determined the Covid-19 as a pandemic. This condition forced the government to issue various restrictions, such as working from home and regulations regarding the capacity limit in a room. These restrictions also contributed to the weaknesses that occurred, resulting in many layoffs. It became even more complicated with the stipulation of COVID-19 as a national disaster and the issuance of several laws and regulations, such as Presidential Decree No. 12 of 2020 concerning the Determination of Non-Natural Disasters for the Spread of Corona Virus Disease 2019 (COVID-19) to strengthen the reasons for entrepreneurs declaring the pandemic as a force majeure event. The decline in the economic sector has direct implications for the working community (employees) in the formal and informal sectors. This is due to the decrease in the production produced by the company. In addition, the depletion of the availability of industrial raw materials, the weakening of the Rupiah against the Dollar, the decline in Indonesian tourism visitors, and the fall of the composite stock index have forced employers to lay off their workers. One form of legal protection for workers is legal rules related to the termination of employment. Termination of Employment (PHK) is the termination of employment due to certain reasons which result in the termination of the rights and obligations between the worker/laborer and the business owner (Article 1 number 25 of Law 13/2003). The layoff provisions are further regulated in Articles 150-172 of Law 13/2003). The analysis process is descriptive-analytical to obtain an overview of the forms of legal protection for workers from the shadow of layoffs during the pandemic. It is descriptive because this research not only collects, compiles, and presents the data obtained during the research but also includes the analysis and interpretation of laws and regulations with data related to the problem under study.
Kurniawan, Itok Dwi, Pujiyono and S M. Hudi Asrori, ‘The Role Of Job Creation Law On Resistance Of Small Medium Micro Enterprises (MSMES) During Covid-19 Pandemic’ (2022) 15(3) Baltic Journal of Law & Politics 15–24 Jurisdiction: Indonesia
Abstract: Micro, Small and Medium Enterprises (MSMEs) are business units that significantly contribute to economic growth in Indonesia. The MSME sector has become a business unit that contributes to Gross Domestic Product (GDP), absorbs labor, and revives the community’s economy. Thus, MSMEs can be declared as one of the pillars of the nation’s economy, so it needs special attention from the government. However, in its running, MSMEs in Indonesia are facing an economic crisis due to the Covid-19 pandemic that has hitsince 2020. This has made MSME conditions worse due to declining people’s purchasing power, capital problems, and raw materials. Therefore, a comprehensive policy is needed to overcome this, one of which involves Law No. 11 of 2020 concerning Job Creation (UU Cipta Kerja). The purpose of this research is to present knowledge and understanding about the role of the Job Creation Act in creating MSME resistance to the impact of the Covid-19 pandemic.
Kusum, Sonali, ‘Issues of Unorganised Migrant Workers during COVID-19 Pandemic under Indian Legal and Judicial Developments’ in Shilpi Sharma and Baidya nath Mukherjee (eds), Law and Emerging Issues (Routledge, 2024) Abstract: The ‘migrant workers’ working as ‘daily wage workers’ are included under the Social Security for the Unorganised Workers Act (UWSSA), 2008, largely regulated by the Inter-State Migrant Worker’s Act (ISMWA), 1979. The migrating workers from other states were most adversely affected by the pandemic COVID-19, being deprived of livelihood, daily wages, food, ration, accommodation and transportation during the lockdown, leading to a mass exodus of nearly 30 million migrant workers walking on foot with their families, children towards their homeland, increasing spread of COVID-19 virus and violation of government regulations. The Apex Court of India took cognisance of their plight in Suo Moto cases, and further, Government of India issues advisories and socio-economic assistance schemes for these workers, but due to lack of records, government identity cards and registration for the migrant workers under the UWSSA and ISMWA, the migrant workers could not avail the same. A strong need is felt for better safeguard of their rights and rehabilitation. Accordingly, the objective of the paper is to enumerate socio-legal issues faced by migrant labour during the pandemic, vis-a-vis the existing policy, legal and judicial developments and the way forward.
Kylasam Iyer, Deepa and Francis Kuriakose, ‘Glitch as Narrator of Pandemic Citizenship in India’ (SSRN Scholarly Paper No 4280176, 18 November 2022) Abstract: The COVID-19 pandemic turned into a question of access to safety and security for millions worldwide. This study examines how the narratives of pandemic citizenship unfolded for India’s internal migrant workers who lost their livelihood and housing during the lockdown and were forced to return to their native villages. Using the framework of Legacy Russell’s glitch politics, this paper illustrates two instances of glitchy encounters that relayed migrant worker stories during the first national lockdown between March and June 2020. The first instance was the long walk home that became a collective act of refusal to be rendered invisible in the pandemic narratives. The second example was citizen journalism that used mainstream media as amplifiers of migrant worker voices. The main argument of the study is that glitches enabled seemingly marginal narratives to momentarily overcome structural inequalities and become powerful chroniclers of the pandemic.
Laikram, Siwarut and Shubham Pathak, ‘Legal Implications of Being a Prostitute Amid COVID-19: A Gender-Based Research in Thailand’ (2021) 41(3) ABAC Journal 90–109 Abstract: Prostitution is illegal under Thai law. However, the sex industry has been a critical part of the Thai economy for many years, such that sex workers have become an integral part of Thai society. Despite its status as illegal conduct, prostitution prevails across the country. Thailand is notorious for its nightlife and the drastically high number of sex workers. These sex workers have been severely affected by the Covid-19 pandemic. This paper aims to explore the legal implications regarding the rights of sex workers in Thailand amid the Covid-19 pandemic. The research is based on a qualitative methodology using key informant interviews and case studies of sex workers in Thailand. The collected data were analyzed through a SWOT analysis and thematic content analysis. The findings revealed that during the Covid- 19 pandemic, sex workers have experienced a loss of income, physical abuse, mental trauma, a lack of accessibility to policymakers and financial institutions, and inadequate risk perception of Covid-19. These factors have adversely affected their livelihoods and limited opportunities to earn a living during 2020.
Lambropoulos, Dr Victoria, ‘Coronavirus, Jobkeeper and Stand Down under the Fair Work Act 2009 (CTH): A Review of the Law’ (2020) 48(2) Australian Business Law Review 104–115 Abstract: The Coronavirus (COVID-19) employment law amendments are a peculiar invention arising out of the unprecedented economic times which we are facing as a nation. This article looks at the legislative responses to the Coronavirus pandemic in the area of employment law. It sets out the pre-existing law in relation to stand down and redundancy. It then examines it in the light of the recent amendments to the Fair Work Act 2009 (Cth) contained in the new Part 6-4C. A number of the new powers given to employers have been curbed by the requirement that they be exercised reasonably. It is unclear how reasonableness will be interpreted in these unique times. The article concludes that the amendments were necessary to address the inflexibility of the stand down framework. We now have something that looks like stand down, but is not stand down, as we have known it.
Landa, Juan-Pablo, ‘Some Ideas about the More Useful Methodological Approach to the Question of What Kind of Role for Labour Law in a Human Centred Post COVID Recovery’ in Tindara Addabbo et al (eds), Work Beyond the Pandemic: Towards a Human-Centred Recovery (Springer, 2024) 233–249 Abstract: This chapter provides some reflections about the possible ways to regain the central role of Labour Law in a future human centred economic system, in front of the new challenges (climate change, technological/digital revolution) and the lessons from the COVID crisis. The chapter presents a critical view about the risks for Labour Law researchers to follow and adopt alternatives or utopian methodologies for improving labour relations in the future, justified by a context of a changing world in view of post pandemic or post war learnings. The chapter contains ideas and thoughts about the way to rebuild the central role of Labour Law in a future human centred economic system, in front of the new challenges (climate change, technological/digital revolution) and the learnings from the COVID crisis.
‘Leadership’s Role in Safety Behaviour during Covid-19’ (2020) 25(6) Health & Safety Review 30–31 Abstract: Discusses the importance of a positive organisational culture in the workplace in light of changes connected to the impact of the COVID-19 pandemic, and the role of leaders and managers in sustaining safe behaviours on an ongoing basis.
Leckey, Colin and David Hopper, ‘Consulting with Furloughed Employees about Redundancies and Changing Terms’ (2020) 212(July) Employment Law Journal_ _Abstract: Discusses the challenges facing employers wishing to consult either collectively or individually with employees furloughed during the coronavirus pandemic about possible redundancies or changes to terms and conditions of employment. Reviews relevant provisions of the Trade Union and Labour Relations (Consolidation) Act 1992, and sets out advice on best practice.
Leckey, Colin and David Hopper, ‘Notice Pay During Furlough: What’s Allowed?’ (2020) 212(July) Employment Law Journal_ _Abstract: Reviews the uncertainties surrounding the rights of employers to give employees their notice during furlough under the Coronavirus Job Retention Scheme. Details the updated guidance in the relevant Treasury Direction, the implications for employers, and the calculation of notice pay.
Leiwant, Sherry, Jared Make and Elena Rodriguez Anderson, ‘How Local Paid Sick Time Innovations —And the COVID-19 Pandemic —Have Shaped a Growing Paid Leave Movement across the United States’ (2024) 51(4) Fordham Urban Law Journal 1031–1064 Abstract: The article focuses on the role of local governments in protecting workers’ rights, particularly in the context of increasing state-level preemption efforts aimed at curtailing local policymaking. It discusses how localities have implemented various strategies and initiatives to promote workers’ rights despite legal constraints and resistance from higher levels of government. It emphasizes the importance of local activism, creativity, and persistence in advocating for labor protections.
LeRoy, Michael H, ‘Refusing Work to Avoid Serious Injury or Death: An Empirical Study of Legal Protections Before and During COVID-19’ (2022) 49(1) Pepperdine Law Review 1–61 Abstract: I present data on court and administrative rulings involving employees who were disciplined or quit after refusing to work due to concerns about death or injury. My sample of 109 pre-pandemic cases from 1944-2020, and its comparison to twelve COVID- 19 cases in 2020 and 2021, shows an emerging picture of new forms of work refusal. The cases before COVID-19 were concentrated iii mining, construction. and transportation. In contrast, the COVJD- 19 cases span new’ occupations in social services, education, law, healthcare, protective services, food preparation, and building cleaning. Before COVID-19, employees lost most work refusal cases because laws such as the National Labor Relations Act, Occupational Safety Health Act, and others narrowly protect them from employer retaliation. in the past year, the Emergency Paid Sick Leave Act afforded workers broader protections: however, it expired at the end of2020. 1 conclude that work refusal laws are out of date in today’s workplace because they apply mostly to work refusal in mines, construction. and trucking-male-dominated workplaces, with 10% to 30%female workers. These industrial settings do not reflect changes in the economy that have expanded jobs in service and office sectors or the growth of gig work that falls outside the protections of work refusal statutes.
Lewis, Alan and Caroline Glacken, ‘Quarantine, Carry Over and Other Complex COVID-19 Holiday Issues’ (2020) 212(July) Employment Law Journal_ _Abstract: Considers the challenges involving employees’ annual leave which the coronavirus pandemic has created for employers, including how to respond to the quarantine requirements imposed on holiday-makers returning from Spain, how to ensure annual leave is taken, the need to cancel previously booked time off, the carrying over of annual leave, and the status of public holidays during furlough.
Lippel, Katherine, ‘Occupational Health and Safety and COVID-19: Whose Rights Come First in a Pandemic?’ in Colleen M Flood et al (eds), Vulnerable: The Law, Policy and Ethics of COVID-19 (University of Ottawa Press, 2020) 473 Abstract: This chapter explores the occupational health and safety of Canadian workers during the COVID-19 pandemic. Analysis of information in the media shows that workers in various sectors, including health care, meat packing, warehousing, and other essential services, have contracted COVID-19 at work. Many were denied protections required by the occupational health and safety regulatory frameworks governing the prevention of occupational illness and disease. Benefits under workers’ compensation legislation are theoretically available for those who contract the illness out of and in the course of their employment, but preliminary figures from Ontario and Quebec suggest that underreporting of work-related COVID-19 is prevalent and that access to compensation is not provided in a timely manner to those affected. The chapter sheds light on violations of the right to personal protective equipment and on transmission of the virus attributable to extensive use of workers employed by temporary employment agencies. It finds that unions and professional associations have contributed to improvement of the effectiveness of OHS legislation by accessing the media and the courts. It also provides suggestions for policy going into the deconfinement period in order to ensure that the most vulnerable to COVID19 are not forced to return to work against their will.
Lobel, Orly, ‘Remote Law: The Great Resignation, Great Gigification, Portable Benefits, and the Overdue Reshuffling of Work Policy’ (2023) 63(1) Santa Clara Law Review, (forthcoming) Abstract: The shift to widespread remote work in 2020 during the COVID-19 pandemic accelerated changes to the labor market, including flexibility of time, place, and nature of traditional office jobs, and a steep rise in gig economy work. As vaccines became available and employers began to require their employees to return to in-person work, many employees instead chose to move to jobs with more competitive pay, more flexibility, and better remote work options. Now, law and policy must evolve to address this changing labor market, including the uncertainties and risks created by remote work. This Article identifies inequities that have deepened with the availability of remote work and calls for systems to better support work-life balance and worker mobility, and to protect both gig workers and employees whose jobs do not lend themselves to working remotely. Post-pandemic labor policy must also address the portability of benefits for employees and independent contractors, as well as the issues employers face when their remote employees work across state lines. Following the Great Resignation, heightened workforce insecurity and mobility presents new risks and opportunities for both employers and workers, yet measured policy reforms in response to the new labor landscape are needed to maximize human capital and social welfare.
Lord, Phil, ‘COVID-19 and the Future of Work’ (2020) 7 Journal of Psycho-Economics (forthcoming) Abstract: This paper draws upon law and behavioral economics to analyse the transition to remote work brought about by the COVID-19 pandemic. While widely celebrated, this transition which indeed has many promising aspects is far more complex than public discourse would suggest. This paper is articulated around two overarching, structural issues which both arise from and are exemplified by the increasing adoption of remote work policies. Its first section depicts the move to remote work as an example and catalyst of the more broadly increasing precarity of work. It proposes solutions which could alleviate this increasing precarity. Its second section focusses on the intrinsically heterogeneous impact of the COVID-19 pandemic and these remote work policies, and proposes solutions which could alleviate the disproportionate impact of these policies on certain groups.
Lord, Phil, ‘Incentivising Employment during the COVID-19 Pandemic’ (2020) 8(3) The Theory and Practice of Legislation 355–372 Abstract: This article considers government responses to unemployment caused by the COVID-19 pandemic. It analyses the two main legislative responses adopted by North American governments: a broadening of access to (un)employment insurance (EI) and the adoption of payroll subsidies for companies. It comparatively and critically assesses these two solutions, to eventually propose an alternative plan. Under this plan, access to EI would be broadened to cover those not traditionally covered by it, such as self-employed workers, contract workers, and those caring for a family member sick from COVID-19 or for a child who is at home due to school and day-care closures. Unemployed workers who have traditionally paid into the EI system would be rewarded through a tax credit. To avoid incentivising temporary layoffs, a payroll subsidy would be adopted. The subsidy would make it as attractive to keep workers on payroll as to lay them off so they can benefit from EI. It would also provide a more faithful picture of unemployment rates during the crisis. The plan would also address broader concerns regarding the unsustainability of public spending during the crisis by limiting access to both temporary layoffs and the payroll subsidy. Large and profitable companies, as well as companies with high revenue or cash reserves, would not be able to temporarily lay their employees off during the crisis or benefit from the subsidy. For companies that face liquidity issues yet are not eligible for the subsidy, short-term, interest-bearing emergency loans would be available.
Lord, Phil, ‘The Social Perils and Promise of Remote Work’ (2020) 4(S - COVID-19 Special Issue) Journal of Behavioral Economics for Policy 63–67 Abstract: The COVID-19 pandemic has transformed daily life, notably by forcing billions of people to work from home. As restrictions related to the pandemic are eased, companies are reconsidering their real estate footprint and contemplating a long-term move to remote work. This paper takes an in-depth look at this move. It argues that remote work is, like other consequences and aspects of the pandemic, deeply rooted in broader social issues. The move to remote work has the potential to alleviate historic inequities which arise from the demands of the modern workplace – demands which have led women to occupy lower-paying positions. It also argues that the move to remote work can contribute to the increasing precarity of work, by shifting the cost of workspace from employers to employees. It suggests governmental solutions, rooted in law and behavioural economics, which could maximise its potential and protect workers from its perils.
Lord, Phil, ‘Work, Family and Identity’ in Daniel Wheatley, Irene Hardill and Sarah Buglass (eds), Remote Work and Worker Well-Being in the Post-COVID-19 Era: Impacts, Challenges, and Opportunities (IGI, 2021) Abstract: The COVID-19 pandemic has accelerated the existing transition to remote work and, more broadly, flexible forms of work. While much energy and attention have been dedicated to analysing this transition, and how governments and other actors can best respond to it, this chapter takes a step back and analyses the potential impacts of the transition to remote work on our individual and collective identities. Recognising that work is an important part of who we are, and has historically been a microcosm and a catalyst of broader social change, this chapter analyses how remote work challenges gender roles, contemporary family structures, and our conceptualisation of the relationship between work and other commitments. The chapter admittedly offers more questions than it does answers. It complexifies our understanding of remote work, and seeks to spark future discussions as to its consequences.
Lord, Phil and Lydia Saad, ‘Tackling the COVID-19 Pandemic: The Unsettling Role of Non-State Actors in Addressing Global Pandemics’ (2020) 43(2) Manitoba Law Journal 1–40 Abstract: The recent coronavirus outbreak provides a fit backdrop for us to assess our preparedness for and reaction to this and future outbreaks. This article considers the role of non-state actors in global health crises. While much attention has been afforded to the role of the state in preventing and managing these crises, the recent coronavirus outbreak reminds us that the effectiveness of the state’s response to (the economic consequences of) global health crises is largely dependent on the good faith and implicit obligations of the private sector. In a capitalistic society and in the absence of specific legal obligations, companies have no obligation to keep their workers on payroll during an economic slowdown or use government stimulus funds to actually benefit those governments hope to target. We argue that relying on private actors to take measures which they have no obligation to take and are disincentivised to take is neither responsible nor sustainable. It causes private actors to shoulder a disproportionately low portion of the burden of a crisis, leaving governments to, in the unique circumstances of a prolonged global health crisis, spend public funds at an unsustainable rate. We further argue that the current framework, aimed at helping unemployed workers, provides perverse incentives and encourages companies to lay off their workers. Absent changes to this framework, our response to global health crises is bound to be inadequate.
Lu, Lynn, ‘From Stigma to Dignity? Transforming Workfare with Universal Basic Income and a Federal Job Guarantee’ (2021) 72 South Carolina Law Review (forthcoming) Abstract: As the COVID-19 pandemic takes a catastrophic toll on lives and livelihoods across the United States, the harshest impact of the unpredictable virus has disproportionately fallen with foreseeable accuracy on Black, immigrant, poor, and elderly people, who are most likely to live and work in close contact with others and to have less access to health care or emergency savings. The speed and severity of the viral contagion has rendered devastatingly, undeniably visible the vast, racial gap between those with reliable health care, child care, housing, nutrition, household wealth, and income and those without, but that gap was already widening well before the pandemic amid accelerating economic inequality, racial disparity, and precarity for those fortunate enough to find paid work. By the summer of 2020, pandemic isolation gave way to mass protests supporting the Movement for Black Lives with calls to end anti-Black police brutality and mass incarceration, but also seeking to end exploitation of Black essential workers and increase attention to longstanding economic devastation of divestment from communities of color. With physical health and safety linked inextricably to material deprivation came heightened public demands for racial, social, and economic justice to help marginalized communities not just survive in times of crisis, but thrive every day. This Article examines reinvigorated proposals for universal basic income (UBI) and a federal job guarantee (JG) to reduce poverty, income inequality, and the widening racial wealth gap. It examines the potential of such reforms to put more money into the hands of those most likely to use it while ending involuntary unemployment and boosting labor conditions for all, but especially Blacks and people of color with less access to generational wealth, higher education, and protection against employment discrimination. It concludes that both UBI and JG are necessary but each insufficient on its own to achieve greater economic security and mobility, with dignified work for all. Crucially, a universal minimum income untethered to any form of work requirement is essential to break the racialized and gendered stigma that frames economic need as welfare dependency; equally important is the guarantee of public employment at a living wage to those who voluntarily choose to avoid gaps in earned income and employment history but have historically been excluded from the best work-life options. Together, UBI and JG form vital pillars of social support for withstanding future crises, large or small, and for creating the future society we want.
Lurie, Lilach and Reut Shemer Begas, ‘Access to the Labour Courts in Israel during the Covid-19 Crisis’ (2023) 44 Industrial Law Journal (South Africa) 51–70 Abstract: The article examines access to the labour courts in Israel during the Covid-19 pandemic, focusing on the first year of the crisis. It shows that the labour courts managed to deliver the same number of judgments and decisions in 2020 as they did in previous years. In order to keep open during the crisis and to enable access to justice the courts made use of three main tools: (a) technological tools, (b) awarding precedence to the most important and urgent proceedings, and (c) social distancing regulations.
Mahomed, Imraan, Faan Coetzee and Yusuf Omar, ‘Infected by COVID-19: The Antidote for Labour Litigation with a Whistle-Stop around the World’ (2021) 21(2) Without Prejudice 48–51Jurisdiction: South Africa
Abstract: The Constitutional Court has decried the snail’s pace which besets the finalisation of some employment related disputes on a number of occasions. In many instances, this is the result of institutionalised delays through the courts and must be seen through the prism of the requirement that employment related litigation must be expeditiously resolved.
Mamaysky, Isaac, ‘Can Employers Mandate the COVID Vaccine? Assessing the Implications of Emergency Use Authorization’ [2021] Mitchell Hamline Law Review Amicus Curiae (forthcoming)Jurisdiction: USA
Abstract: As employers acclimate to our new normal, the COVID vaccine’s emergency status has led to extensive speculation about whether employers can mandate that their employees be vaccinated. While long-established immunizations, including those which have mostly relegated diseases like polio and smallpox to the annals of history, have full approvals from the FDA, the COVID vaccine is currently approved through an Emergency Use Authorization. This emergency process allows the use of unapproved medical products to prevent serious or life threatening diseases when there are no adequate alternatives. This essay considers whether employers can mandate that their employees receive the COVID-19 vaccine despite its emergency authorization. The essay explores how vaccine mandates play out for non-emergency vaccines and then examines whether the COVID vaccine’s Emergency Use Authorization leads to a different outcome.
Mamaysky, Isaac, ‘The Future of Work: Exploring the Post-Pandemic Workplace from an Employment Law and Human Resources Perspective’ UC Davis Business Law Journal (forthcoming) Abstract: COVID-19 has upended the workplace as we know it. Employment experts widely speculate that certain industries have fast-forwarded in the direction of working remotely by years. If the future of work for many employees is primarily virtual, what legal and human resources challenges does this entail for employers? What new rights might employees have coming out of the pandemic? In industries that continue operating in person, how should employers accommodate vulnerable employees who request to work remotely? What about non-vulnerable employees who are simply afraid to come in? While analyzing these and related questions, this article explores the business-case and human resources arguments for and against remote work. It goes on to show that the ‘hybrid workplace,’ in which more people work from home more of the time, is our likely future. The article considers the new challenges this raises for employers and the new rights that it bestows on employees. The article concludes by arguing that giving employees choice about their work location is a mechanism for employers to avoid potential liability while boosting workplace morale and increasing productivity; creating a win-win for employees and employers alike.
Mamaysky, Isaac, ‘Coronavirus Paid Leave: The Intersection of New State and Federal Laws’ (Westchester County Bar Association COVID-19 (Coronavirus) Publications, 2020) Abstract: At the same time the federal government passed the Families First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA), states passed their own paid leave laws, often with wider applicability than the federal law.
Mamaysky, Isaac, ‘Furloughs: Weighing the Unemployment Costs and Benefits’ (Law360, Expert Analysis, 6 April 2020) Abstract: In response to the COVID pandemic, the CARES Act created a $600 federally subsidized weekly increase to existing state unemployment benefits. This leaves struggling employers with a dilemma: Should they do whatever they can to maintain payroll for employees who might have very little work in light of quarantines and shutdowns, or should they conduct temporary furloughs so their employees can access expanded unemployment benefits?
Mamaysky, Isaac and Wendy Fischman, ‘Rehiring Furloughed and Laid-Off Workers Post-Pandemic’ (Law360, Expert Analysis, 1 October 2020) Abstract: Since the start of the COVID pandemic, countless employees lost their jobs following furloughs and layoffs. As unemployment rates continue to decrease, many employers are rehiring their workforces. This article explores best practices to do so properly and considers potential pitfalls when making rehiring decisions.
Mamaysky, Isaac and Mark Papadopoulos, ‘Role For COVID-19 Liability Waivers In Employment Is Limited’ (Law360, Expert Analysis, 19 May 2020) Abstract: Waivers of liability have taken on renewed significance as businesses reopen during COVID. Courts have traditionally disfavored these instruments between employers and employees due to the unequal bargaining power of the parties. This article explores the role and utility of liability waivers in the employment context and beyond.
Mangan, David, Elena Gramano and Miriam Kullmann, ‘An Unprecedented Social Solidarity Stress Test’ (2020) 11(3) European Labour Law Journal 247–275 Abstract: While much of the emphasis has been on when and how economies may safely re-open due to the coronavirus pandemic, this article studies the undervalued workplace considerations therein. The initial responses of Member States to the pandemic are outlined for the purpose of setting out similarities and distinctions, but also and mostly to foreground an analysis to date of unresolved problems related to work. Important points for continued monitoring are also identified and an overview of some of the employment law considerations in re-opening workplaces are critically assessed. Consequently, teleworking garners particular attention due to its prominent role during the lockdown and its possible growing place in labour law in the near future.
Mantu, Sandra, ‘EU Citizenship, Free Movement, and Covid-19 in Romania’ (2020) 2 Frontiers in Human Dynamics Article 594987 Abstract: Traveling freely, smoothly and unburdened by excessive formalities and the adjoining right to reside in another EU state for work, leisure or study are the hallmarks of the mobility regime applicable to EU citizens and their family members. Measures taken by the majority of EU states to deal with Covid-19 have severely disrupted EU mobility and led to the reestablishment of internal border controls, the introduction of restrictions to travel and even travel bans. These obstacles to mobility have highlighted the EU economy’s reliance on EU migrant labor in several sectors, which was further exacerbated by the introduction of an EU travel ban at the external border. This contribution discusses measures taken by Romania that sought to restrict travel to and from Romania, while simultaneously allowing exceptions for nationals to travel to other EU states as essential workers. The Romanian response is discussed in relation to the wider EU attempts to reply to the proliferation of national measures affecting EU free movement and the functioning of the internal market and as an illustration of the need to ensure that mobility goes hand in hand with protection.
Maraga, Riccardo, ‘Covid-19 Vaccination and Employment Relationships in Italy. The Vaccination Obligation Pursuant to Law Decree April 1st, 2021, No. 44 and the General Employer’s Duty to Ensure Safety at Work’ (2022) 15(2) Italian Labour Law e-Journal 51–69 Abstract: The paper aims at offering, in the form of a theoretical analysis, an overview regarding the approach adopted by Italian law and Italian case law with reference to the relationship between vaccination against Covid-19 and employment relationship. The analysis starts from the general obligation of the employer to protect employees’ health and safety pursuant to article 2087 of the Italian Civil Code, that makes mandatory for the employer to adopt any measure necessary to protect the health and safety of the employee in the workplace. From this point of view the paper offers an overview of the debate that animated the labour law community immediately after the start of the pandemic, when it emerged the Covid-19 vaccination can be considered a protection measure against the risk of Covid-19 infection. The paper then analysis the specific provisions adopted on this matter by Italian legal system, namely that contained in Law Decree 1st April 2021, no. 44 offering an overview on the contents of the abovementioned law and on the decisions of the judges, after a theoretical and systematic classification of the matter.
Margaria, Alice, ‘Fathers, Childcare and COVID-19’ (2021) 29(1) Feminist Legal Studies 133–144 Abstract: The article focuses on childcare patterns within heterosexual families during the first wave of lockdowns, as documented by social scientists around the globe. It mentions family leave policies in view of making ‘active’ fatherhood a widespread and long-term reality and stock of some of the gendered impacts of COVID-19 on women. It also mentions need to prevent the disintegration of decades of hard-won progress in women’s economic opportunities.
Marinelli, Francesca and Michela Riminucci, ‘COVID-19 and Gender Gap in Italy and Japan: Can “Pink Quotas” Be the Solution?’ (2022) 15(2) Italian Labour Law e-Journal 71–85 Abstract: Despite the significant improvements in terms of gender equality in recent years, numerous gaps – especially, the one related to the labour market – still persist all over the world also due to the COVID-19 pandemic. The present research intends to discuss whether the controversial gender quota systems – introduced in many countries as a form of positive action to foster a more diverse work environment – could face the crisis in order to avoid the loss of decades’ worth of achievements on equality. We chose to compare Italy – which implemented the quote rosa system in 2011 with mixed results – and Japan – which is reviewing its plan to promote women’s development after failing to achieve its objective of having at least 30% of women in leadership positions by 2020 – because both countries were still far from reaching their goals about gender equality and, therefore, in a vulnerable position when the pandemic hit.
Markey, Ray, ‘The Impact of the COVID-19 Virus on Industrial Relations’ (2020) 85 Journal of Australian Political Economy 147 Abstract: The social and economic impact of COVID-19 has extended to industrial relations as a result of major changes to work and the labour market. Immediately after the lockdown began, 15% of the Australian workforce was laid off. Job losses have been unevenly spread, with hospitality experiencing a 33.4% reduction, and arts and recreation services 27% (ABS 2020a). Those aged under 30 lost jobs at a particularly high rate. However, the official unemployment rate understates loss of work, because of the JobKeeper wage subsidy, reduced labour force participation and the restrictive ABS definition of unemployment: actively looking for work and less than one hour’s work per week. The Reserve Bank estimates that total hours worked fell by 20%, while Treasury estimated unemployment at close to 15% by late May, 2020 (Black 2020a).
Marks, Alexia Brunet, ‘Essential but Ignored: COVID-19 Litigation and the Meatpacking Industry’ (2022) 14(1) Northeastern University Law Review 47–112 Abstract: The spread of the novel coronavirus SARS-CoV-2 (COVID-19) among meatpacking employees forced closures and slowdowns at many plants across the United States. As the meatpacking giants JBS, Smithfield, and Tyson became hotbeds for COVID-19, national meat production plummeted. To forestall further supply chain disruptions, former President Trump passed an Executive Order compelling plants to continue operating as ‘essential businesses.’ As work continued, employees reported that social distancing and mask-wearing were not being enforced, managers were pressuring sick employees to work and not revealing co-worker’s infections, and an overall lack of Personal Protective Equipment (PPE) or training to reduce the risk of infection prevailed. With over 50,000 meatpacking workers contracting and 250 dying from COVID-19, academic scholarship has neglected addressing this failure to keep workers safe.The problem is that while workers were deemed ‘essential,’ they were ignored by employer practices and lax regulations allowing rapid COVID-19 transmission in the workplace. As illnesses and deaths mounted, the former Trump administration did not issue a COVID-19 emergency standard and many states also narrowed their worker protections, passing ‘liability shield’ legislation and restricting worker’s compensation coverage for employee claims. Injured on the job, plaintiffs began suing for their rights. However, while litigation brought by workers and their families, labor advocates, and unions has advanced, plaintiffs continue to struggle to overcome motions to dismiss based on preemption by either workers’ compensation, primary jurisdiction, or liability shields.This Article is the first to use COVID-19 litigation to expose gaps in workplace safety, and the first to present a timely, evidence-based solution to address the problem: a new Emergency Temporary Standard (ETS) and workers’ compensation reform. The new ETS will provide a necessary baseline for Occupational Safety and Health Administration (OSHA) fines and citations which will, in turn, motivate companies to adopt safety practices. It will also help plaintiffs present evidence of breach of a standard in their workers’ compensation hearings and personal injury claims. Finally, this Article will fundamentally impact three simultaneous discussions: (1) an investigation by the new House Select Subcommittee on the Coronavirus Crisis on how the country’s meatpacking companies handled the pandemic; (2) the development of a new Emergency Temporary Standard to combat the spread of COVID-19; (3) litigation involving a case accusing the world’s largest meat processing company of causing a worker’s COVID-19 death.
Marques, Sergio Maia Tavares, ‘Social Protection of Self-Employed Workers during the COVID-19 Pandemic in Portugal and the Role of EU Law’ [2020] (3) IgualdadES 437–454 Abstract: In recent years, the increasingly dominant economic structure in the EU has been ignited by digital platforms and e-tools that depend upon independent and precarious workers, in special after the financial crisis. Such background hampers the social protection rights of workers and in the context of the COVID-19 pandemic they find themselves further exposed. This deprotection is even more evident concerning the self-employed, as independent workers, due to their precarious job relations, are less covered by social assistance than contracted ones. In Portugal, the national government approved an emergency aid to face this context. The present paper seeks to ascertain if such benefit, albeit possibly lawful in light of EU law, might be insufficient for the purpose of combating social exclusion. It lastly reflects how the EU could live up to its role of complementing national action in social matters.
Marsons, Lee and Sarah Nason, ‘Equality and the Coronavirus Job Retention Scheme’ [2020] (October) Public Law 776–778 Abstract: Notes R. (on the application of Adiatu) v HM Treasury (DC) on whether the exclusion from eligibility for the Coronavirus Job Retention Scheme and statutory sick pay of those without employment contracts but who fell to be treated as workers within the Employment Rights Act 1996 s.230(3)(b) was unlawfully discriminatory in breach of ECHR art.14 and Protocol 1 art.1 or the public sector equality duty under the Equality Act 2010 s.149.
Masselot, Annick and Maria Hayes, ‘Exposing Gender Inequalities: Impacts of Covid-19 on Aotearoa ǀ New Zealand Employment’ (2020) 45(2) New Zealand Journal of Employment Relations (advance article, published 29 October 2020) Abstract: This article outlines how the Covid-19 pandemic exacerbates economic and social gender inequalities in Aotearoa ǀ New Zealand. While this crisis highlights the central part played by women in the economy, the gender impacts of the pandemic are visible in connection to a decrease in job security and financial safety for female workers; to a rise in the duplication of paid and unpaid work; to an increase violence in and outside of homes; a heightened risk exposure to the virus and worse health outcomes. Not all women are equally positioned in this crisis, women of Māori and Pacific descent are disproportionately feeling the effects of the pandemic. The two-prong, government’s recovery plan, which only partially ensures a fair and equal economic rebuild, is critically assessed. While the economic response fails to take a systematic gender approach, scope for challenging traditional gender assumptions is met head-on in relation to policy on violence against women. The article considers flexible working options and focuses on options for reframing employment law in a post-pandemic environment with a view to achieve and deliver equality between men and women through an intersectional lens.
Maulana, Dedek, Kusbianto Kusbianto and Azmiati Zuliah, ‘Labor Law Protection Due To Termination Of Employment Due To The Covid 19 Pandemic’ (2022) 1(1) Jurnal Legalpreneur 10–17 Jurisdiction: Indonesia
Abstract: The covid 19 pandemic influenced the implementation of the agreement experienced between PT. Indo Hutama Jaya and PT. Dharma Agung Wijaya where work was hampered due to regulations during the pandemic which required workers from outside the region to be quarantined for 14 days and there was a decrease in economic capacity which affected the implementation of the agreement. Indo Hutama jaya? How is the legal protection of contractors with goods/services contractors in procurement agreements during the covid 19pandemic?. The research methods used are normative and empirical juridical research. The nature of the research used in this study is descriptive analysis. Based on the results of the study, the conclusion in this study is that delays occur almost in every implementation and have different problems, factors that cause delays in the implementation of contracts that occur in PT. Indo Hutama Jaya and PT. Dharma Agung Wijaya explained that both the First party and the second party are exempt from liability for failure or delay in performing the obligations under this contract, caused by things beyond the reasonable ability of the parties and not caused by negligence of the parties. Responsibility of the board of directors for the contractual relationship with the second party where the board of Directors is responsible for controlling and supervising the implementation of the contract in accordance with the scope of work, cost, term and other provisions agreed.
Maya, Joseph et al, ‘Responsibilities and Rights of Employers and Employees During the COVID-19 Pandemic’ [2020] (Winter) Labor Law Journal 220–254 Abstract: The article focuses on responsibilities and rights of employers and employees during the COVID-19 Pandemic. It mentions Occupational Safety and Health Administration (OSHA) standards, the Equal Employment Opportunity Commission (EEOC), the Americans with Disabilities Act (ADA), and the Rehabilitation Act, together with the Families First Coronavirus Response Act, promulgate labor rules and regulations governing privacy and safety concerns during the COVID-19 pandemic.
McFarlane, Katherine, ‘Danger, Keep out! Trade Union Rights of Entry during the COVID-19 Pandemic’ (2023) 33(1) Labour and Industry 86–101 Abstract: The closures and restrictions imposed at workplaces around Australia in response to the COVID-19 pandemic have raised unprecedented issues for trade unions seeking to exercise rights of entry in accordance with Part 3–4 of the Fair Work Act 2009 (Cth). Section 491 requires that union officials seeking to exercise a statutory right of entry comply with any ‘reasonable request’ by an occupier about an occupational health and safety (OHS) requirement that applies to the premises. This had led to disputes about the appropriateness of requirements imposed by employers to mitigate the risk of COVID-19 infection and transmission. This paper will discuss three recent Fair Work Commission (FWC) decisions which consider the reasonableness of requests limiting entry to premises in this context. Although the cases had different outcomes, the FWC’s findings demonstrate how an employer’s OHS obligations relating to COVID-19 will be weighed against the objects of Part 3–4. Overall the FWC has taken a practical and nuanced approach to such disputes, and expected some cooperation between employers and unions. The limited scope of these decisions does, however, leave some questions relating to rights of entry during the pandemic unanswered.
McGarity, Thomas, Michael C Duff and Sidney A Shapiro, ‘Center for Progressive Reform Report: Protecting Workers in a Pandemic: What the Federal Government Should Be Doing’ (Center for Progressive Reform Report, June 2020) Abstract: The ‘re-opening’ of the American economy while the coronavirus that causes COVID-19 is still circulating puts workers at heightened risk of contracting the deadly virus. In some blue-collar industries, the risk is particularly acute because of the inherent nature of the work itself and of the workplaces in which it is conducted. And the risk, for a variety of reasons, falls disproportionately on people of color and low-income workers. With governors stay-at-home orders and other pandemic safety restrictions, Center for Progressive Reform Member Scholars Thomas McGarity, Michael Duff, and Sidney Shapiro examine the federal government’s many missed opportunities to stem the spread of the virus in the nation’s workplaces, and make recommendations for what needs to happen next to protect employees on the job.
McGaughey, Ewan, ‘A Social Recovery, Workplace Democracy and Security: COVID-19 and Labour Law’ (2021) 32(1) King’s Law Journal 122–136 Pre-published version of article available on SSRN
Abstract: The COVID-19 pandemic has shown the painful consequences of poor job security and workplace democracy. The UK government’s initial flirt with ‘herd immunity’, the delay in lockdown, and the absence of a work strategy that prioritised safety after the summer, caused among the most appalling death rates in the world, worse than Trump’s America. However, a swift change in the job security policy stemmed mass unemployment, after initial reports of 2.1 million people claiming unemployment benefits. The ‘Coronavirus Job Retention Scheme’ eventually meant that the unemployment statistics (as opposed to claimant count) showed only a modest jobless rise. Comparison with the US where there are effectively no rights, and other countries with strong rights, shows that universal social security and workplace democracy are at the core of successful economic performance. This paper explains the UK’s health and safety rights, how the job retention scheme was unfurled with extension to employed and self-employed, and the connection between votes at work and employment. It shows how reality discredits the minority views of economic theorists who oppose labour rights, and suggests the legal reforms we can undertake to achieve a social recovery.
McKee, Clair, ‘Employment’ (2020) 65(5) Journal of the Law Society of Scotland 29–30 Abstract: Advises employers on the Coronavirus Job Retention Scheme (CJRS), including: which companies are eligible; which employees are covered; whether employees can take annual leave whilst on furlough leave; whether administrators are able to furlough employees under the CJRS with reference to Re Carluccio’s Ltd (In Administration) (Ch D); whether employers can claim for obligatory ‘regular payments’; and the steps businesses should take when the scheme ends.
McKelvy, Shawn, L Uhl and Armand Balboni, ‘Shots Fired, Shots Refused: Scientific, Ethical & Legal Challenges Surrounding the U.S. Military’s COVID-19 Vaccine Mandate’ (2024) 55(2) St. Mary’s Law Journal 405–473 Abstract: The COVID-19 pandemic provided uncertain and challenging circumstances under which to lead a nation and the military that protects it. Those in charge and in command faced unique challenges—scientific, ethical, and legal—at our various levels of government to both keep people safe while keeping government and society functioning. While there were many successes to celebrate, there are also many criticisms for how this ‘whole-of-government approach’ may have degraded some of our most cherished liberties along the way. The authors focus on the U.S. military’s vaccine mandate and propose military leaders may have failed to fully consider the evolving science, weigh the prevailing ethics, and appropriately apply the relevant law regarding exemptions, and instead adopted a more uniform approach that aligned with other federal agencies and not to the military’s unique population. And along the way, military leaders lost some of the trust and the faith of those they were seeking to protect, prompting the other two branches of government, the Judiciary and Congress, to intervene. Drawing from our diverse experiences as both practitioners and academics, this Article not only seeks to document the past but also provides some suggestions for the future should we face another such pandemic.
McLaren, Helen Jaqueline et al, ‘Covid-19 and Women’s Triple Burden: Vignettes from Sri Lanka, Malaysia, Vietnam and Australia’ (2020) 9(5) Social Sciences 87 Abstract: During disease outbreaks, women endure additional burdens associated with paid and unpaid work, often without consideration or the alleviation of other life responsibilities. This paper draws on the concept of the triple burden in theorizing the gender divisions in productive and reproductive work and community activities in the context of disaster. Events that include famine, war, natural disaster or disease outbreak are all well documented as increasing women’s vulnerability to a worsening of gendered burdens. In the case of the Covid-19 coronavirus pandemic, this is no different. Focussing on Sri Lanka, Malaysia, Vietnam and Australia, the four vignettes in this paper serve to highlight the intersections between Covid-19 and gendered burdens, particularly in frontline work, unpaid care work and community activities. While pre-disaster gender burdens are well established as strong, our analysis during the early months of the pandemic indicates that women’s burdens are escalating. We estimate that women will endure a worsening of their burdens until the pandemic is well under control, and for a long time after. Public policy and health efforts have not sufficiently acknowledged the issues concerned with the associations between gender and disease outbreaks.
McLeese, Karen, ‘COVID-19 Testing: The Business Necessity Standard and Other Guidance’ (2022) 35(3) Benefits Law Journal 43-48 Abstract: The article offers information on the guidance specific to the use of a coronavirus test and the implication under the Americans with Disabilities Act, issued by the Equal Employment Opportunity Commission. Topics include meeting the business necessity standard for a screening test for employees; the medical inquiry by the employer only after a conditional offer of employment; and requiring confirmation from a qualified medical professional on an individual's safe return to the workplace.
McQuoid -Mason, DJ, ‘COVID-19: May Healthcare Practitioners Ethically and Legally Refuse to Work at Hospitals and Health Establishments Where Frontline Employees Are Not Provided with Personal Protective Equipment?: Forum’ (2020) 13(1) South African Journal of Bioethics and Law 11–14 Abstract: The purpose of this article is not to encourage health practitioners to refuse to assist COVID-19 patients if they are not provided with personal protective equipment (PPE) at the workplace. It is to encourage them to advocate for PPE by pointing out that in South Africa (SA), health establishments that fail to provide them with PPE will be held ethically and legally responsible for the deaths of any patients – not health practitioners – if as a last resort such health professionals have to withdraw their services to protect other patients, themselves, their families and their colleagues. The article refers to the World Medical Association, World Health Organization and Health Professions Council of SA guidelines regarding the use of PPE during the COVID-19 epidemic, especially in the case of shortages. All the guidelines state that the safety of healthcare workers is a priority if they are to care for their patients properly. Mitigation measures are suggested, but do not extend to failing to provide PPE to those healthcare workers who deal directly with patients. The law protects all workers, who have a constitutional and statutory right to a working environment that is not harmful and does not threaten their health and safety. The article concludes that as a last resort, if the international and national ethical guidelines and legal rules are not being followed regarding PPE and advocacy attempts to persuade health establishments to provide PPE fail, and healthcare workers are exposed to the COVID-19 virus, they may ethically and legally withhold their services. These points should be made when health practitioners are advocating for PPE.
McQuoid -Mason, DJ, ‘COVID-19: What Should Employers Do If Employed Health Professionals Such as Doctors and Nurses Refuse to Treat COVID-19 Patients despite Being Provided with the Required Personal Protective Equipment?’ (2020) 13(2) South African Journal of Bioethics and Law 87–90 Abstract: At some health establishments doctors and nurses employed there are refusing to treat Covid-19 patients - even though they have been provided with the necessary personal protection equipment (PPE). Such conduct would appear to be in breach of the World Medical Association International Code of Medical Ethics , the International Council of Nurses Code of Ethics for Nurses , the Rules of Conduct of the Health Professions Council of South Africa, the South African Nursing Council, some of the provisions of the South African Constitution and of the relevant labour legislation. Guidance is provided to employers on how to deal with the situation based on ethical and legal considerations.
Mendelson, Danuta et al, ‘Legal Implications of Personal Protective Equipment Use When Treating Patients for COVID-19 (SARS-CoV-2)’ (2020) 27(4) Journal of Law and Medicine 856 Abstract: Front-line health care personnel, including anaesthetists, otolaryngologists, and other health professionals dealing with acute cases of coronavirus, face a high risk of infection and thus mortality. The scientific evidence establishes that to protect them, hospital protocols should require that wearing of the highest levels of personal protective equipment (PPE) be available for doctors and nurses performing aerosol-generating procedures, such as intubation, sputum induction, open suctioning of airways, bronchoscopy, etc. of COVID-19 patients. Although several international bodies have issued recommendations for a very high-level PPE to be used when these procedures are undertaken, the current PPE guidelines in Australia have tended to be more relaxed, and hospital authorities relying on them might not comply with legal obligations to their employee health care workers. Failure to provide high-level PPE in many hospitals is of concern for a large number of health care workers; this article examines the scientific literature on the topic and provides a legal perspective on hospital authorities’ possible liability in negligence.
Milczarek-Desai, Shefali, ‘Opening the Pandemic Portal to Re-Imagine Paid Sick Leave for Immigrant Workers’ (2023) California Law Review (forthcoming) Abstract: The Covid-19 pandemic has spotlighted the crisis low wage immigrant and migrant (‘im/migrant’) workers face when caught between the century-long collision between immigration enforcement and workers’ rights. Im/migrant workers toil in key industries from health care to food production that are now associated with laudable buzzwords such as ‘frontline’ and ‘essential’ but that conceal jobs that pay little, are dangerous to health and safety, and have high rates of legal violations. Im/migrant workers, however, are unlikely to benefit from employment and labor law protections, including paid sick leave. This has proven deadly during the pandemic. When im/migrants show up to work ill, they endanger not only themselves but risk transmission to co-workers, customers, patients, and the public at large. This has been starkly illustrated in nursing homes, which are heavily reliant on im/migrant labor and have been the locus of nearly one-third of all coronavirus deaths. The pandemic presents an opportunity to analyze why and how existing paid sick leave laws fail im/migrant workers. It also is a portal to re-imagine paid sick time in a way that will benefit im/migrant workers and by extension a nation facing labor shortages and high worker turnover as demand for goods and services rises.This article is the first to scrutinize paid sick leave laws through the lenses of critical race, movement, and health law theories. It argues that existing paid sick leave laws fail im/migrant workers because they ignore these workers’ social and economic situations and singularly focus on workers’ rights rather than collective well-being. Drawing from critical race, movement, and health law frameworks, this article situates paid sick leave within a public health matrix based on mutual aid. It argues that when paid sick leave laws are drafted and enforced in a manner that is informed by workers’ lived experiences and contextualized within a broader public health conversation, employment and labor protections can better safeguard im/migrant workers and the health and safety of the entire nation while reducing the tensions between immigration enforcement and workers’ rights.
Milczarek-Desai, Shefali and Tara Sklar, ‘The Return of Typhoid Mary? Immigrant Workers in Nursing Homes’ [2021] Journal of Elder Policy (forthcoming) Abstract: Nursing homes are dependent on immigrant, female labor as nursing aides, yet these workers are provided with minimal employment benefits, which has led to devastating consequences for vulnerable, older residents during COVID-19. Emerging research suggests that aides are contributors to the increase in coronavirus outbreaks due to working in multiple long-term care facilities and refer to these individuals as ‘superspreaders.’ Specifically, aides have been tied to unwittingly passing on the virus as they may be asymptomatic or pressured to work by employers while symptomatic with limited access to paid sick leave. The plight of these women harkens back to ‘Typhoid Mary’—also a poor, immigrant woman who was accused of spreading typhoid fever a century ago. This Article applies lessons learned from Mary’s shocking and tragic trajectory, then employs critical race and feminist jurisprudence to highlight examples of structural and institutional disparities that exist in current paid sick leave laws. Recommendations call for improved oversight in delivery of quality and safety in long-term care by addressing racial, gender, and economic inequalities through paid sick leave laws coupled with strong enforcement.
Miller, Christy and Martin Bartlett, ‘Mandatory COVID-19 Vaccination Directions and Limits on Human Rights’ (2024) 29(3) Employment Law Bulletin 37–39 Abstract: It is a Tuesday morning; you pick up your phone and open your favourite news outlet (Instagram or X (Twitter) for those millennials and Gen Z); you prepare yourself to be struck with news articles on the Formula 1 Red Bull Christian Horner scandal, the housing crisis, cost of living, natural disasters and the start of the 2024 NRL and AFL seasons. The thought of anything COVID-19 related is in the dim and distant past. However, as a recent Supreme Court of Queensland decision shows, the fallout from the ‘unprecedented’ pandemic is not done with the news headlines just yet. In ‘Johnston v Carroll (Commissioner of the Queensland Police), Witthahn v Wakefield (Chief Executive of Hospital and Health Services and Director General of Queensland Health), Sutton v Carroll (Commissioner of the Queensland Police Services)’ the Queensland Supreme Court considered the lawfulness of mandatory vaccinations for the Queensland Police Service (QPS) employees (pursuant to two directions issued under the ‘Police Service Administration Act 1990’ — QPS Directions) and Queensland Ambulance Service (QAS) employees (pursuant to a direction by Dr Wakefield to approve the mandatory vaccination requirement in the Employee COVID-19 Vaccination Requirements: Human Resources Policy — QAS Direction).
Miller, Mary-Lauren, ‘Inoculating Title VII: The “Undue Hardship” Standard and Employer-Mandated Vaccination Policies’ 89(5) Fordham Law Review 2305–2337 Abstract: The widespread administration of a vaccine is essential to bringing an end to the COVID-19 pandemic. Employers can contribute to this goal by requiring employees to be vaccinated. The ability of employers to impose vaccine mandates is theoretically limited in part by Title VII of the Civil Rights Act of 1964, which requires employers to accommodate religious employees unless doing so would impose an ‘undue hardship’ on the employer. Under the current interpretation of undue hardship, employers typically cannot face legal liability for denying accommodations to employees refusing to receive an employer-mandated vaccine on religious grounds, though some employers may provide accommodations voluntarily. However, there are calls to reinterpret this standard so that employers must absorb greater costs before they may deny religious accommodations. If such calls are heeded, it may impair the ability of employers to mandate vaccines and, in turn, negatively affect public health. This Note argues that employers will not be required to provide religious accommodations to employer-mandated vaccines, even under the most employee-friendly version of the standard proposed. Nevertheless, any change to the standard should address the issue of vaccine mandates specifically to encourage employers to adopt vaccine mandates without voluntarily providing religious accommodations.
Millins, Jennifer and Martha Averley, ‘The Impact of Covid-19 on the Gender Pay Gap’ (2020) 213(September) Employment Law Journal 19–24 Abstract: Speculates on the potential impact of the Government’s suspension of the requirement to publish gender pay gap statistics for 2019-2020, due to the coronavirus pandemic, on the overall statistics and the aims of the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017. Considers evidence that the pandemic has disproportionately affected women and reflects on whether this might result in a widening of the gender pay gap.
Milo, Dario et al, ‘The Effect of COVID-19 on Cybersecurity and Cyber Breaches’ (2020) 20(6) Without Prejudice 19–20 Abstract: With more employees working from home during the COVID-19 pandemic, the risk of cybercrime has escalated, and the need to have proper systems and procedures in place has become even more important.
Milošević, Milan et al, ‘Legal Aspects of Recognizing COVID-19 As an Occupational Disease in The Republic of Croatia’ (2022) 29(3) Revija za Socijalnu Politiku 403–412 Abstract: Occupational diseases are diseases directly induced by work and working conditions. In the Republic of Croatia, according to the procedure set out by law, occupational diseases are reported and recognized by the Croatian Health Insurance Fund and registered and monitored in the Registry of Occupational Diseases kept by the Croatian Institute for Public Health – Department of Occupational Health. Diagnoses are under responsibility of occupational medicine specialists and are carried out according to modern occupational health criteria, which include determining the clinical picture of the disease and the damage caused by the work process. The recognition of COVID-19 as an occupational disease is extremely important for the worker considering the financial and pension benefits according to the applicable laws and regulations. Most workers who have had COVID-19 as a professional disease do not get the disease recognized as an occupational disease while they are sick. The length of the acute disease is shorter than the process of application and evaluation of occupational disease. However, the recognition of COVID-19 as an occupational disease may be important for the future. Should any of the complications (e.g. post COVID-19 syndrome) arise in the future, the worker holds their rights under health insurance. The scientific and healthcare community is still in the process of evaluating and recognizing complications of COVID-19 disease and their long-term impact on health and work ability.
Mokofe, William Manga and Stefan van Eck, ‘COVID-19 at the Workplace: What Lessons Are to Be Gained from Early Case Law?’ (2022) 55 De Jure Law Journal 155–172 Abstract: The emergence of the COVID-19 pandemic and its consequences were overwhelming at South African workplaces. It had a significant impact on public and private life in South Africa and harsh rules were imposed that severely restricted social gatherings and other economic activities. Employers and employees grappled with issues like compulsory vaccinations, social distancing and the implementation of workplace policies at the workplace. The repercussions of the COVID-19 limitations are still being experienced after the lifting of the state of disaster. Among the issues are a troublesome economic downturn, significant job losses and a struggle to convince workers to return to workplaces. The Constitution, 1996 establishes a human rights-centred backdrop against which the picture of the pandemic is unfolding. Added to this, South Africa has a range of legislative instruments that regulate aspects like unfair dismissal and collective bargaining at workplaces. This placed South Africa in a position to regulate the COVID-19 pandemic in society at large, and workplaces in particular. A collection of the tribunal and court decisions regarding COVID-19 at the workplace have wound their way through the dispute resolution institutions. This contribution navigates relevant aspects of the Constitution as well as disaster management and labour legislation before reflecting on a selection of jurisprudence. The authors argue that there are important lessons to be gained from these early cases. Nonetheless, there are also unanswered questions of a constitutional nature that still need to be finalised. They also voice suggestions in the conclusion that may be of assistance to employers, employees, academics, and policymakers alike - that would also apply should future pandemics pester the South African society.
Moreira, Ana Beatriz Fernandes, Jackeline Lucas Souza and Francisca Yasmin de Aguiar Guedes, ‘Labor and Tax Impacts of Law No. 14.020/2020 amid Covid-19’ (2022) 21 Revista Catarinense da Ciência Contábil e3295–e3295 Abstract: The research aims to measure the labor costs and tax impacts arising from Law No. 14.020, of July 6th, 2020 (resulting from the conversion of Provisional Measure No. 936, of April 1st, 2020), which established the Emergency Program for Employment Maintenance and Income (relaunched by Provisional Measure No. 1.045, of April 27th, 2021), in agents: government, company, and employees. A case study was carried out with the textile industry, segregating the variables impacted by the adoption of the law regarding burdens and bonuses and regarding labor costs and tax impacts for the subjects involved. The company’s monthly working capital bonus, which is the object of this study, after the 25% reduction in working hours to the suspension of contracts, would vary, respectively, between 43.1 and 132.7 thousand reais, the counterpart of burden between 41.5 and 110.3 thousand reais in the government and between 3.4 and 28.2 thousand reais in employees. The option for suspension in March and April saved him 265.5 thousand reais and preserved 97.7% of his jobs. This research serves as a model for the application of options generated by the government in contingencies that affect the labor market, in addition to contributing to the literature as a diagnosis of the effects of these actions.
Moseley, Joanne, ‘Key Steps to Ensure a Safe Return to Work for Shielding Employees’ (2020) 212(July) Employment Law Journal_ _Abstract: Considers the steps employers can take to encourage ‘shielding’ employees to return to work safely, and minimise the risk of litigation. Discusses the importance of offering continuing home working, performing individual risk assessments, reducing travelling risks, changing employees’ roles, listening to their concerns and granting furlough to shielding employees.
Moustis, Matthew, ‘COVID-19 & The Illinois Health Care Right of Conscience Act: A Legal Analysis’ (2022) 43(1) Northern Illinois University Law Review 1–28 Abstract: During the COVID-19 pandemic, many people who refused to be vaccinated because of their religious or moral beliefs tried to use the Illinois Health Care Right of Conscience Act to block their employers’ vaccination requirements. In response, some elected officials argued that the Act was being misinterpreted. They believed it was intended only to protect health care providers who refused to provide certain services to patients, not to allow people to avoid measures taken to ensure public health during a pandemic. Their interpretations were incorrect. The Illinois Health Care Right of Conscience Act was properly construed as a right to refuse COVID-19 vaccines on religious or moral grounds. And it was properly construed as applying to anyone, not solely to health care providers. Contrary interpretations are inconsistent with the public policy, the statutory language, and the interpretive caselaw. Furthermore, the latest amendment was not a legislative clarification but a substantive change to the law.
Muhlizar, Muhlizar, Syafil Warman and Joharsah, ‘A Legal Protection Effort Workers in Covid-19’ (2023) 2(1) Rowter Journal 28–35 Jurisdiction: Indonesia
Abstract: Trade unions are formed by workers by ensuring that their position and rights as workers can be balanced with the obligations they perform for employers. In the relationship between workers and employers or employers, it is undeniable that the position of workers is higher. And sometimes it results in the arbitrariness of the employers towards their workers. To reduce and deal with the possibility of this arbitrariness, workers should have an association which is usually called a trade union. with trade unions, workers can unite so as to balance their position with employers. Article 1 paragraph 1 expressly states that a trade/labor union is an organization formed from, by and for workers/laborers both within the company and outside the company, which is free, open, independent, democratic. This study uses a normative juridical approach, namely by collecting, studying and analyzing and understanding law as a set of rules or positive norms in the statutory system that regulates human life. In Law no. 21 of 2000 concerning Worker/Labour Unions spells out what the objectives of trade/labor unions are to provide protection, defend rights and interests, and improve proper welfare for workers/laborers and their families.
Mulder, Jule, ‘Remote Working, Working from Home, and EU Sex Discrimination Law’ in Shreya Atrey and Sandra Fredman (eds), Exponential Inequalities: Equality Law in Times of Crisis (Oxford University Press, 2023) 276–294 Abstract: The chapter discusses how EU sex discrimination law can respond to new work-life arrangements that are emerging due to the worldwide pandemic and put significant emphasis on flexibility and working from home. While flexible remote work arrangements can help carers to organize their work responsibilities around (unpaid) care responsibilities, such working arrangements can also carry significant disadvantages, as workers with care responsibilities have to renegotiate their private arrangements to accommodate work. For example, the creation of reasonable workspaces and time at home may seriously interfere with the way families’ private lives are organized and the absence from the workplace may mean that workers miss out on opportunities for progression and career development. Given that care responsibilities remain gendered across the EU and women are more likely to belong to the poorer parts of society or to be single parents, it is likely that these additional burdens fall on women more significantly than men. Against this background, the chapter considers remote work arrangements in the light of EU non-discrimination law. First, it evaluates how (indirect) sex discrimination law can facilitate access to and enjoyment of this new workplace organization and protect workers from disadvantages associated with them. Specially, it discusses how disadvantages within the private sphere can be considered under the scope of disadvantages recognized under the concept of indirect sex discrimination, as the Court of Justice of the European Union has often separated the public and private sphere. Secondly, it analyses to what degree employers indeed need to accommodate the enjoyment of such work rearrangements.
Mulligan, Tanya and Neil Coetzer, ‘Incapacitated by the Lockdown: Exploring the Possibility of Temporary Legal Incapacity’ (2020) 20(4) Without Prejudice 10–11 Abstract: The National Lockdown imposed by government in terms of the Disaster Management Act has prompted considerable debate about its effects on the treatment and payment of employees during this period. The Regulations and Directives issued in terms of the Act have been silent on the issue, while statements by the Department of Employment & Labour, in particular, have served only to confuse things further.
Munton, Joellen Riley, ‘Work Health and Safety: Regulating for Safe and Sustainable Work Practices in a Post-Pandemic World’ in Belinda Bennett and Ian Freckelton (eds), Pandemics, Public Health Emergencies and Government Powers: Perspectives on Australian Law (Federation Press, 2021)
Murcia, Joaquín García, Iván Rodríguez Cardo and Diego Álvarez Alonso, ‘Covid-19 and Labour Law Measures in Spain: Emergency Rules to Deal with a Health, Economic and Employment Crisis’ (2020) 13(1) Italian Labour Law e-Journal 141–160 Abstract: The COVID-19 pandemic has had a great impact in Spain. With the purpose of slowing down the spread of the virus and controlling the situation, the Government declared the state of alarm and imposed restrictions to people’s movement and social contact (including temporary confinement of the population at home). Most economic and working activities were temporarily paralysed, leaving apart those considered ‘essential services’ and other exceptions. With the aim of reducing the economic and social impact of such extraordinary circumstances, protecting workers and allowing to resume working activities after the crisis, the Government approved a package of urgent legislation, including a large list of measures in the area of Labour Law and Social Security: among others, promoting telework; facilitating the adaptation of working time to family care needs; favouring the temporary suspension of employment contracts or the reduction of working time due to force majeure or other grounds related to COVID-19, while dismissals were limited; establishing an extraordinary paid leave for workers of undertakings forced to stop their activity; finally, adapting and enhancing unemployment benefits and other forms of social protection. This paper provides a panoramic explanation on this legislation aiming to face the COVID-19 health, economic and employment crisis.
Murphy, Caroline and Lorraine Ryan, ‘National Labour Law and Social Security Systems through the Lens of the COVID Health Crisis. Adaptations or Fundamental Changes?’ [2021] (4) Revue de Droit Comparé du Travail et de la Sécurité Sociale 132–143 [full text will be available on open access in December 2022 via this link] Abstract: The Covid 19 crisis has created significant changes to work environments and consequently numerous challenges for employment law frameworks in Ireland. In order to understand them better, in this article we provide an overview of these key issues from an Irish perspective, providing details of recent relevant case law, survey data showing trends and the future strategic plans of the Irish government in aiming to deal with these issues.
Mursan, Usman Arifin and Sahat Sinurat, ‘The Impact of the Covid-19 Pandemic on Labor Relations in the Indonesian Oil and Gas Industry from the Perspective of Labor Law’ (2022) 10(5) Infokum 872–879 Abstract: This study aims to find out whether the Covid-19 pandemic can be used as one of the reasons for the efficiency of companies in Oil and Gas (MIGAS) Industry to carry out Termination of Employment (PHK). The type of method used in writing this description is a normative legal research method using secondary data sources, namely through the statutory approach, conceptual approach and case approach. The data collection technique in writing this paper uses library research and the data is then analyzed qualitatively. The results of this study conclude that the Covid-19 pandemic cannot be directly used as the basis for the inability of parties in the Oil and Gas (MIGAS) industry to fulfill their achievements. It is necessary to prove a causal relationship that it is true that the inability is caused directly by the influence of the Covid-19 pandemic but is more emphasized on renegotiation of work agreements affected by the Covid-19 pandemic ending in deliberation and consensus in this case if Termination of Employment (PHK) is done, the employer continues to pay compensation to the Worker.
Mustafi, Ritwik Guha et al, ‘The Constitutionality and the Overall Impact of the Dilution of Labor Laws in India during the Covid-19 Pandemic: A Comprehensive Analysis’ (2021) 1(4) Jus Corpus Law Journal 39–46 Abstract: This paper briefly examines the background of the labor laws in India and their specific purposes. The paper then analyses the constitutionality of the dilution of labor laws and the overall impacts therein. Finally, the paper suggests some alternative measures which can be applied given that there is a second wave of the pandemic. The paper uses the doctrinal method of research as ample materials for reference are available in form of articles, books, and electronic resources.
Nash, Meredith and Brendan Churchill, ‘Caring during COVID-19: A Gendered Analysis of Australian University Responses to Managing Remote Working and Caring Responsibilities’ (2020) 27(5) Gender, Work & Organization 833–846 Abstract: COVID-19 is dramatically reconfiguring paid work and care. Emerging evidence in the global media suggests that academic women with caring responsibilities are being disproportionately impacted. This article fills a key knowledge gap by examining how Australian universities are supporting academics to manage remote work and caring during the COVID-19 pandemic. We conducted a desktop analysis of public information about remote working and care from 41 Australian universities and compared them to the world’s top ten ranked universities. Findings suggest that during the pandemic, the Australian higher education sector positions decisions about caring leave and participation in the paid labour force as ‘private’ matters in which employees (mainly women) design their own ‘solutions’ when compared with international institutional counterparts. We argue that COVID-19 provides another context in which universities have evaded their responsibility to ensure women’s full participation in the labour force.
Nath, Rahul, ‘Epidemics: A Tale of Two Workers’ (CEPR Discussion Papers, Covid Economics Issue 32, 24 June 2020) Abstract: This paper shows that the labour market opportunities available to an agent has a significant bearing on how that agent experiences the outbreak of an epidemic. I consider two types of labour (i) market labour that can only produce output in close physical proximity, and (ii) remote labour that can produce output at a distance. This paper develops a Two Agent New Keynesian model extended to include an epidemic bloc and dual feedback between economic decisions and the evolution of the epidemic. I show that an agent restricted to only supply market labour experiences higher death rates vis-a-vis their share of the population, and suffers larger declines in labour and consumption over the course of the epidemic. Post-epidemic, these agents are significantly worse off than their counterparts who have the opportunity to work from home and hence a more unequal society emerges. I then show that simple containment policies, while leading to larger losses in economic prosperity as measured by output loss, can significantly reduce death rates across the population, bring the death rates of the two groups closer together, and reduce the inequality that emerges post epidemic.
Nath, Vandana and Graeme Lockwood, ‘Implications of the UK Equality Law for Tele-Homeworking: COVID-19 and Beyond’ (2021) International Journal of Law and Management (advance article, published online 6 October 2021) Abstract: The purpose of this study is to examine the practical and legal complexities associated with tele-homeworking in the context of the UK Equality Law. First, the paper provides a background to the recent growth of tele-homeworking as a result of the COVID-19 pandemic, outlining the tenets of the UK Equality Act 2010 and referring to additional legislation pertinent to the ensuing discussion. Second, illustrative case law relevant to the UK Equality Law is put forward to demonstrate the potential challenges that employers and employees might encounter with continued and longer-term tele-homeworking arrangements. Third, the paper outlines implications for employers and human resource managers in terms of policies and practices that might shape the nature of the employment relationship.
Nazareno, Jennifer et al, ‘From Imperialism to Inpatient Care: Work Differences of Filipino and White Registered Nurses in the United States and Implications for COVID-19 through an Intersectional Lens’ (2021) 28(4) Gender, Work & Organization 1426–1446 Abstract: In the United States, nursing is the largest healthcare profession, with over 3.2 million registered nurses (RNs) nationwide and comprised of mostly women. Foreign-trained RNs make up 15 percent of the RN workforce. For over half a century, the U.S. healthcare industry has recruited these RNs in response to nurse shortages in hospitals and nursing homes. Philippines-trained RNs make up 1 out of 20 RNs in this country and continue to be the largest group of foreign-trained nurses today. Recently, the news media has publicized the many deaths of Filipino RNs as a result of the COVID-19 pandemic in the United States. Given the imperial historical ties between these two countries in the context of the nursing profession and the enduring labor inequities that persist, this nationally representative study is one of the few to our knowledge to not only quantitatively examine the current work differences in characteristics and experiences of Philippines-trained RNs and U.S.-trained white RNs practicing in the United States today, but to also do so from an intersectionality lens. The overall aim of this paper is to illuminate how these differences may serve as potential factors contributing to the disproportionate number of Filipino nurses’ COVID-19 related vulnerability and deaths in the workplace.
Ndlovu, Lonias and Clarence Itumeleng Tshoose, ‘COVID-19 and Employment Law in South Africa: Comparative Perspectives on Selected Themes’ (2021) 33(1) SA Mercantile Law Journal 25–55 Abstract: Public health emergencies such as the novel coronavirus (COVID-19), which was elevated to a global pandemic, usually have severe implications for people in various spheres of life. For example, people’s employment and social welfare are affected. In this paper, the authors explore the possible implications of COVID-19 on the rights of employers and employees in South Africa. The issues that need to be considered include leave when employees elect to stay at home as a precautionary measure against contracting the coronavirus at work, the enforcement of employment contracts, employment security, workplace discipline, working hours, absenteeism, and the employer’s duty to provide the employees with a safe working environment. Using a doctrinal legal research method, the article provides an analysis of the applicable laws and cases from South Africa and related jurisdictions. The comparative content, analysis of legislation, case law, and sector-specific guidelines show that COVID-19 has and will continue to have a significant impact on the employment laws as reflected in different jurisdictions. Although employment law is generally jurisdiction-specific, there are many commonalities in the laws of different countries, both on the African continent and globally. It is also important to note that the existing employment laws need to be adjusted in order to accommodate the effects of the pandemic. For example, South Africa can draw valuable lessons from other jurisdictions on how to deal with employment matters during a pandemic, and therefore COVID-19 presents the country with an opportunity to develop both its employment laws and the common law.
Neef, Andreas, ‘Legal and Social Protection for Migrant Farm Workers: Lessons from COVID-19’ [2020] Agriculture and Human Values (advance article, published 19 May 2020) < https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7235435/ > Abstract: Introduction: In most countries, the COVID-19 pandemic has led to a reassessment about whose work is deemed essential. Citizens and their governments have come to realize the importance of maintaining reliable food supplies during a global health crisis, and there is broad agreement that farmers and farm workers at the very beginning of the food chain are undeniably essential. Yet, what is now more apparent than ever before is to what extent national food systems in the Global North have become dependent on migrant farm workers. Until recently, hundreds of thousands of these temporary, precarious, and oftentimes unregistered workers have secured the supply of fresh fruits and vegetables for consumers, but border closures and suspension of visa services have thrown many of them into legal limbo, social uncertainty, and economic distress.
Negi, Chitranjali, ‘Human Rights Violations of Migrants Workers in India During COVID-19 Pandemic’ (SSRN Scholarly Paper ID 3629773, 17 June 2020) Abstract: ‘No work is insignificant. All labor that uplifts humanity has dignity and importance and should be undertaken with painstaking excellence.’–Dr. Martin Luther King Jr. Today, the important issue is how to save the human rights & dignity of migrant workers The problems of migrant workers have become very important in many developing countries of the world. Migration of labour started in India during the period of British colonial rule. The National Commission on Rural Labour in India (NCRL,1991) estimates more than 10 million circular migrants in the rural areas alone. These include an estimated 4.5 million interstate migrants and 6 million inter-state migrants in India. One of the reasons behind the Human Rights Violation of State Migrants workers in India are political and economic. State Migrants are outsiders in other State, they do not vote and thus cannot put governments under electoral pressure.On 24th March 2020, the Government of India ordered a nationwide lock down in India- starting midnight to stop the Corona virus from spreading in Country. Lock down in India has impacted millions of migrant’s workers. Lack of food and basic amenities, loss of employment, fear of unknown and lack of social support were major reasons for struggle in this huge part of population. Due to the lock-down, more than three hundred deaths were reported, with reasons ranging from starvation, suicides, exhaustion, road and rail accidents, police brutality and denial of timely medical care. Eighty migrants died while travelling back home on the Shramik Special trains. Several incidents, viral videos of police misbehavior, brutality (beating with cane-charged) on migrant workers, have been reported from across the country.The Indian Judiciary has also not protected itself in glory by failing in its duty to protect the rights and dignity of migrant labour citing the ground of non-interference in policy. India is a founding member of the ILO and it has been a permanent member of the ILO Governing Body since 1922. India has ratified six out of the eight-core/fundamental ILO conventions. India has not ratified the two core fundamental conventions (Convention No 87,98). It is necessary to maintain important aspects of labour standards & labour rights (Migrants Rights) and aim of achieving a system where there are no barriers to the smooth process of the Rule of Law.
Neo, Jaclyn L, ‘Legal Protection and Migrant Rights: The COVID-19 Outbreak in Singapore’ in Brenda SA Yeoh and Theodora Lam (eds), Migrant Workers in Singapore (World Scientific, 2022) 23–25
Newman, Annie and Irina Freilekhman, ‘A Case for Regulated Industrial Democracy Post-Covid-19’ (2020) 45(2) New Zealand Journal of Employment Relations (advance article, published 14 December 2020) Abstract: Covid-19 is reshaping the domestic workforce. Thousands have lost their jobs throughout this pandemic, and we are seeing a decline in private sector unionism that is unlikely to recover under the current regulatory settings. The implications for democracy are considerable. Using the aviation industry as an example, this article defines industrial democracy, provides an insight into industrial democracy in New Zealand, and argues the case for the regulation of industrial democracy post-Covid-19.
Novotný, Lukáš and Pavlína Pellešová, ‘Impact of the COVID-19 Crisis on the Regulation to Tourism in the Czech Republic’ (2021) 19(1) Central European Public Administration Review 199–222 Abstract: The article deals with issues concerning the regulation of tourism during the Covid-19 crisis in the Czech Republic. Tourism is among the most affected economic sectors by the current pandemic. During the pandemic, the State compensated the financial losses of tourist guides, but such compensations were – according to the guides themselves – insufficient. The aim of the research was to find out how tourist guides see the Czech crisis legislation with regard to tourism and the legislative measures taken by the Czech Government and Ministry of Regional Development to support tourism. For such purpose, questionnaires were distributed to employees in tourism – guides, particularly. We examined their attitudes to the tourism legislation in the Czech Republic in connection with the pandemic situation as well as public administration. Next, in-depth interviews were conducted. On the one hand, the research revealed great interest of tourist guides in the legislation and the current situation in the Czech Republic. On the other hand, it showed a negative evaluation of the adopted legislative measures and crisis legislation. On the basis of the research, the most important aid factors were identified: financial aid, greater support from the State and municipalities, exemption of social security and health insurance payments, promotion of tourism and guide services, support in the form of upgrading skills and retraining. The empirical part of the research, which used the Chi-Square Test of Independence, pointed to a dependence between gender and the attitude related to the legislation knowledge, between gender and monitoring of the current situation in European legislation concerning tourism and tourist guides, and between gender and attitudes when evaluating the legislative measures adopted by the Czech Government and Ministry of Regional Development in relation to tourism support. At the end of the study, some recommendations are provided on how to improve the present situation.
Oanh, TTD and NB An, ‘Legal Aspects and Practice of Guarantee of Employees’ Rights in Being Unilaterally Terminated Labor Contract In The Context of Covid 19 Pandemic in Vietnam’ (2021) 31(1) Journal of Law and Political Sciences 142–158 Abstract: From 2020, the Covid-19 pandemic in Vietnam has raised a new issue on ensuring the rights of employees in the unilateral termination of labour contracts due to dangerous epidemics. This issue requires legal scientists and legislators to research measures to perfect the law in line with the development of the digital age in order to ensure the rights of workers, the right to freedom of business of the employer and the interests of the State.
O’Connor, Niall, ‘The Right to Work and Rights in Work during the Coronavirus Pandemic: The Response of the United Kingdom’ in Carla Ferstman and Andrew Fagan (eds), Covid-19, Law and Human Rights: Essex Dialogues (School of Law and Human Rights Centre, University of Essex, 2020) 137–145
<http://repository.essex.ac.uk/28032/>
Oeur, Il et al, ‘Migrating Perils: Covid-19 Restrictions Disparage Cambodian Migrant Workers, Blurring Legal Status Amid Thai Border Closures’ (Analyzing Development Issues Centre Policy Brief vol 1 issue 1, April 2022) Abstract: Cambodian migrant workers continue to face challenges as many live in rural areas with high poverty rates, insufficient job opportunities, low crop yields, and high levels of household indebtedness. These push factors force Cambodian families to weigh meeting basic needs against personal risk as households engage in labour migration, mainly in neighbouring Thailand. Border closures worsen an already precarious journey. As formal points of entry closed, informal brokerage markets emerged. Informal border crossings invalidated migrant travel documents, and in the process documented migrants lost their legal status, becoming undocumented. Children frequently accompany migrant parents and engage in caretaking of siblings or paid light work — the majority of whom (working children ages 5-17) have limited to no access to schooling. Economic hardships from pandemic restrictions drove many to journey back to Thailand, despite health risks and exploitive costs for informal border crossings.
Oguz, Ozgur and Dalia Perkumienė, ‘The Effect of Pandemic on Labour Law’ (2021) (Challenges for Sustainable Bioeconomy and Climate Change, Proceedings of the 10th International Scientific Conference “Rural Development”, Vytautas Magnus University Agriculture Academy, Lithuania, 2021) 391–395Jurisdiction: Turkey
Abstract: Due to the structure of labor law and developing technology and economic interests, flexible working models have become widespread. In many workplaces, the presence of workers in person is no longer compulsory. As a result of the Covid-19 epidemic that threatens our health these days, the need for flexible working models has increased and remote working methods have become mandatory in many areas. In this study, the regulations made with the remote working system and the Covid-19 epidemic were included, the obligations of the employer on occupational health and safety and the changes in the Remote Work Regulation were evaluated. Covid 19 has affected business and labour relations. Different opinions and different legal consequences are put forward regarding the effect of the suspension of the employment contract on the annual leave, severance pay, and notice pay, which are the rights of the worker depending on the length of service. The aim of the research is to identify the effect of virus on labour market.
Okeke, Happiness Chidiogo and Beatrice N Okpalaobi, ‘Legal Analysis of the Protection of the Right to Life of Health Workers In Nigeria During Pandemics: A Case Study of the Covid-19 Pandemic’ (2024) 8(1) African Journal Of Law And Human Rights 116–121 Abstract: Life is central to human living because once life is lost it cannot not be restored. Life is tantamount to human existence, the foundation of man as an individual and as a member of society. The right to life is not just any one of the fundamental rights in the lists established by the well-known instruments of human rights protection but is the pedestal upon which other rights stand. Pandemic is a term used to describe the rapid spread of transmittable infectious or communicable disease over several continents or worldwide. Once an epidemic becomes global and affects a large percent of the population it becomes known as a pandemic. Many outbreaks have taken unacceptable toll on the right to life of health workers, from MERS to Ebola, Laser fever and the recent COVID-19 pandemic. The aim of this study was to examine if the right to life of health workers in Nigeria are protected during pandemics using the COVID-19 pandemic which is the most recent pandemic as a case study. The research methodology adopted was doctrinal and the approach was analytical and descriptive. The authors relied on primary and secondary sources for this research work. It was found that health workers are the most affected during the outbreak of pandemics because they are always the first to come in contact with victims even when the infection is still at its window period. It was also discovered that there is no legislation in Nigeria specifically protecting the right to life of health workers during pandemic and non was promulgated during the recent pandemic COVID-19 which affected the whole world. The study further revealed that during the pandemic there were insufficient person protective equipment (PPE) for health workers to protect their lives during the COVID-19 pandemic and the federal government took no specific steps to protect the lives of health workers during the pandemic. The authors recommended that the laws should be promulgated to ensure the adequate protection of the lives of health workers during pandemics in Nigeria. It was further recommended that the National Health Act should be amended to include sections on protection of right to life of health workers in Nigeria.
Oliver, Marius, ‘Social Security for Migrants Post-COVID-19: Revisiting the Legal and Policy Framework’ in Shirin Motala, Tim Hart and Stewart Ngandu (eds), Social Security in The Time of Covid (South African Department of Social Development, 2024) 20–39 Abstract: This chapter critically reflects on the legal and policy framework informing social security policy-development and-implementation in relation to migrants – given the heightened vulnerability and movement restrictions experienced during the COVID-19 pandemic. The adoption of COVID-19 social security measures had some impact on particular migrant categories – temporary migrant workers and undocumented migrants being left extremely exposed. The existing legal and policy framework is restrictive and incomplete while the judicial responses have been consistently mindful of the protection to be afforded to migrants. With reference to constitutional prescripts and international law standards, a pandemic context requires much more extensive access to medical treatment and services, and to basic forms of assistance, irrespective of migrant category. This is justified by the heightened vulnerability experienced by asylum-seekers in the event of a public health emergency, including pandemics such as COVID-19, and as a result of movement restrictions. Considering that international law perspectives on migrants’ social security protection are particularly instructive, and given the international law-friendly approach of the South African Constitution, it is argued that South Africa could benefit from ratifying and implementing a number of key social security conventions at the global and regional level, and concluding dedicated bilateral labour and social security agreements, providing for migrants’ social security protection on a reciprocal basis. There appears to be an urgent need for the design and implementation of an integrated policy dealing with access to social security for migrants, also in a pandemic context, to be accompanied by an aligned legal framework.
O’Malley, Megan, ‘Taking Care of Business: An Empirical Examination of the Top S&P 500 Companies and Their Role as Public Health Regulators During the COVID-19 Pandemic’ (2023) 31(2) University of Miami Business Law Review 1–45 Abstract: Data from the top 15 constituents by weight on the S&P 500 is assembled to identify trends among the policies these companies implemented in the United States during the COVID-19 pandemic. Some policies were fairly consistent across the board, especially in regard to remote work opportunities and health and safety measures for essential and/or in-person employees. Other policies, including vaccination requirements and vaccine incentives, varied across and within industries. Some companies that were examined went beyond the relevant federal, state, or local requirements in effect at the time, while other companies pushed back against public health guidance.
Onwuachi-Willig, Angela, ‘The Intersectional Race and Gender Effects of the Pandemic in Legal Academia’ (2021) 72(6) Hastings Law Journal 1703–1715 Abstract: Just as the COVID-19 pandemic helped to expose the inequities that already existed between students at every level of education based on race and socioeconomic class status, it has exposed existing inequities among faculty based on gender and the intersection of gender and race. The legal academy has been no exception to this reality. The widespread loss of childcare and the closing of both public and private primary and secondary schools have disproportionately harmed women law faculty, who are more likely than their male peers to work a ‘second shift’ in terms of childcare and household responsibilities. Similarly, women law faculty were more likely to feel the effects of the financial exigencies that universities and law schools faced during the pandemic because of their disproportionate representation in non-secure, meaning non-tenure-stream, faculty positions. Furthermore, the rapid switch to remote teaching and learning, particularly during spring 2020, had a more detrimental effect on women in part because of the persistent gender bias that women law faculty, who teach a larger percentage of required and survey courses, encounter in student teaching evaluations and in part because women tend to be more engaged in the mental health and emotional caretaking of students, which significantly increased during the pandemic. Even the actions that law schools took during the pandemic to provide relief to faculty, such as automatic extensions to the tenure clock for all faculty, place women more at risk than men for harmful impacts on factors like pay equity. In all, this Essay briefly analyzes how factors such as limited childcare, remote learning, the greater caretaking needs of students, plus other pandemic-related effects, have worked to exacerbate previously existing gender and intersectional gender and race inequities between men and all women in legal academia and between white men and women of color.
Osiki, Abigail et al, ‘COVID-19 Pandemic, a War to Win: Assessing Its Impact on the Domestic Work Sector in Nigeria’ (2023) Labour and Industry (advance article, published online 26 Mar 2023) Abstract: This article examines the effects of the COVID-19 pandemic on the work conditions of domestic workers in Nigeria. We use four indicators – earnings, access to social protection, working conditions and labour protections to provide a nuanced assessment on the impact of the pandemic on domestic workers. Domestic work is an important aspect of productive labour and an indispensable factor that contributes to the well-being of households and the economy. Indeed, the enormous contribution of this sector to societies has been further exposed by the COVID-19 pandemic. However, while domestic workers are lauded as essential workers, their work remains extremely vulnerable to exploitation and human rights violations, and the pandemic has aggravated this situation. In the results, we find that while many domestic workers did not lose their jobs, their earning power dropped because of low wages in the sector. Furthermore, only 6% of survey respondents reported having access to the government’s social protection measures. The findings of this study emphasises the need for the development of a regulatory model which considers the realities of the domestic work sector. Data used in this article draws from questionnaires administered on 220 domestic workers across four geo-political zones of Nigeria.
Oude Breuil, Brenda, ‘Protecting Whom, Why, and from What? The Dutch Government’s Politics of Abjection of Sex Workers in Times of the COVID-19 Pandemic’ (2023) 24(2) Human Rights Review 217–239 Abstract: Sex workers in the Netherlands experienced severe financial and social distress during the COVID-19 health crisis. Notwithstanding them paying taxes over the earnings, they were excluded from government financial support, faced discriminatory treatment concerning safe reopening, and experienced increased repression and stigmatization. In this contribution, I explore whether the concept of ‘vulnerability’ contributes to understanding (and addressing) that situation. Data acquired through participatory action research, partly taking place online during lock-down measures, and literature and content analysis show that labeling sex workers ‘vulnerable’ deflects attention away from the (in)actions of Dutch authorities responsible for sex workers’ precarious conditions during the pandemic. Government denial and strategies of abjection explain these conditions better than ‘vulnerability’ does, as they return the gaze to actors and processes accountable for sex workers’ exclusion and criminalization during the COVID-19 health crisis and thereby put responsibility where it belongs.
Özdemir Ertürk, Olgu, ‘The Judicial Reflections of the Termination Ban and Unpaid Leave as Interim Measures during Covid-19 Pandemic in Turkish Labour Law’ [2023] (2) Diritti Lavori Mercati / Rights Labor Markets 129–150 Abstract: In order to align with the ILO Termination on Employment Convention no. 158, Turkish Labour Law has adopted job security system. This system protects certain workers against unfair and invalid terminations. Employers have to use the right of termination, which must be based on a valid reason either resulting from the employee or the enterprise. This usage of right should be in good faith, non-arbitrary; so Turkish Court of Cassation has developed some principles to assess this termination over the last decades. Although there are a great number of employees who are outside the scope of this protective norms, there are some other protective measures like severance pay, which is considered in the large-scale job security. After the coronavirus outbreak, Turkish Government has adopted the Law on Minimizing the Impacts of the New Coronavirus (Covid-19) Outbreak on Economic and Social Life and the Amendment of Certain Laws (7244) (‘the Amendment Law’) published in the Official Gazette (31102) on 17 April 2020. This law included transitional provisions for the Labour Law no. 4857 and adopted an interim termination ban for all of the employers. On the other hand, employers forced to close down their workplaces had the opportunity to propose unpaid leave and employees were able to apply for the short-time allowance. Even though the unpaid leave proposal is a substantial alteration in the labour agreement, this measure was considered as a principal way for the agreements to continue. Generally, these interim measures were based on balancing mind-set and both parties of labour agreement were sharing the negative results. This paper would like to discuss the effects of these interim measures. In order to pursue this aim, firstly we briefly explain the general job security tools provided in Turkish Labour Law. Following this explanation, we will try to understand the preventive measures’ effects by examining the cases. Finally, we would like to address our view regarding the results and current and upcoming jurisprudential problems.
Panainte, Septimiu and Ramona Daniela Stângaciu, ‘The Labor Inspector Searching for ... Godot: Undeclared Distance Work’ (2021) 52(3) European Journal of Social Law / Revue Européenne du Droit Social 25–42 Abstract: Undeclared labor has become an increasingly present phenomenon nowadays. Due to the pandemic context, there has been a transition towards working from home or under telework regime. These particular forms of individual labor contracts allow for greater flexibility in terms of the place where a natural person works but, on the downside, they allow the parties to disguise the agreement or to avoid fulfilling the formalities imposed by the Law, such as concluding the contract in a written form and registering its elements in the General Record of Employees. In light of the aforementioned, we aim to identify if the labor inspectors have effective means of identifying the cases of undeclared labor when natural persons are working remotely. Through this paper, in the first section, we discuss the legal background both at the national as well as at the international level, in order to shed light on the concept of undeclared work. The following two sections will be dedicated to analysing if the inspection has any perspective of being an effective mean of identifying the situations of undeclared labor. Finally, several directions of action are contoured -- as de lege ferenda proposals -- so as to tackle the issue of undeclared work.
Panda, Pallavi, ‘Impact of COVID-19 Pandemic on Child Labour’ (2021) 2(2) Law et Justicia Law Review 3–12 Abstract: Child labour is a worldwide problem that primarily affects countries with lower socioeconomic positions and resources. Among the many causes for children’s involvement in the workforce include societal and household poverty, parental death or incapacity/illness, a lack of social security and protection, and ignorance of the value of, or limited access to, education. Child labour is a barrier to individual children’s growth as well as the development of their community and economy. The COVID-19 health pandemic, as well as its economic and labour market ramifications is currently wreaking havoc on people’s lives and livelihoods. Destitute families and their children are generally the first to suffer, putting many more children at risk of being forced into child labour. India has a higher rate of child labour than many other countries, with around 10 million children actively working or seeking a job. This article examines the impact of the pandemic on child labour, including its roots and consequences. It also examines the international legal framework for child labour that has been ratified in legislative codes in India and how effective are they in this bleak era of pandemic 2020.
Parlalis, Stavros K and Demetris Hadjicharalambous, ‘Employee Rights During Pandemic in Social Sciences’ in Vasiliki Karagkouni (ed), The Impact of the Covid-19 Pandemic on Human Rights: Collective Research Project (Logos Verlag Berlin, 2024) 75 [OPEN ACCESS E-BOOK]
Pereira, Maria do Mar, ‘Researching Gender Inequalities in Academic Labor during the COVID-19 Pandemic: Avoiding Common Problems and Asking Different Questions’ (2021) 28(S2) Gender, Work & Organization 498–509 Abstract: As the COVID-19 pandemic unfolds, a growing body of international literature is analyzing the effects of the pandemic on academic labor and, specifically, on gender inequalities in academia. In that literature, much attention has been devoted to comparing the unequal impacts of COVID-19 on the research activities of women and men, with studies demonstrating that women’s research productivity has been disproportionately disrupted, in ways that are likely to have detrimental effects in the short- and long-term. In this paper, I discuss that emerging literature on gender inequalities in pandemic academic productivity. I reflect on the questions asked, the issues centered and the assumptions made within this literature, devoting particular attention to how authors conceptualize academic labor and productivity, on one hand, and gender, on the other. I show that this literature makes major contributions to exposing old and new gender inequalities in academia, but argue that it also risks reproducing some problematic assumptions about gender and about academic work. Discussing those assumptions and their effects, I identify some important questions for us to consider as we expand this literature and deepen our understanding of the complex gendered effects of COVID-19 on academic labor.
Perri, Asia, ‘Did the Socio-Legal Status of Migrant Workers in Bahrain Exacerbate the Health Impact of the Covid-19 Pandemic?’ [no publication information provided] Abstract: This text analyses how the legal and socio-economic status of migrant workers in Bahrain shaped aspects of their health outcomes amidst the Covid-19 pandemic. Through criteria including their mental, physical and financial well being, even if the pandemic has been an exceptional occurrence, this report will conclude that the Government of Bahrain (GoB) must re-evaluate the construct and operation of the sponsorship (Kefala) system in order to enable migrant workers to be more resilient and better able to protect - or have access to means to protect - themselves. Such measures will enable the GoB to adhere to international best practice and standards in respect to its treatment of migrant workers.
Petković, Aleksandra Ilić, ‘COVID-19 Pandemic and the Role Of Employers and Employees in Business Continuity Management: Legal Aspects’ (Proceedings of the 17th International Conference Management and Safety, Online 17 June 2022,2022) 14–19 Jurisdiction: Serbia
Abstract: Covid-19 pandemic has raised many issues in the business world regarding employers and employees as subjects of employment. It poses a serious threat to the business of many organizations and has caused serious problems so far. As such disruptions can affect the survival and business continuity of organizations, employers have to be acquainted with the risks to their organizations in order to sustain their operations even in crisis, such as the current pandemic. Employees, as a party to the employment relationship, are a key resource of any organization. During the pandemic, they are always expected to adapt to new circumstances and be very flexible. Their interest is often the survival and successful operation of the employer. For all these reasons, the subject of research in this paper is the labor-law framework of the Republic of Serbia, where the subjects of employment can adjust their actions during the Covid-19 pandemic in order to ensure business continuity.
Pham, Huyen et al, ‘The Limits of Immigrant Resilience’ (2024) 33(3) Southern California Interdisciplinary Law Journal 509–546 Abstract: Economists have identified important adaptations that immigrant workers have made to weather economic crises. During times of economic contraction, immigrant workers have moved across industries or geographical locations, downshifted to part-time work, and accepted lower wages to stay employed. Evidence from the Great Recession (2007–2009) shows the benefits of that economic resilience: immigrant workers were more likely than native-born workers to remain continuously employed, to have shorter periods of unemployment when they lost their jobs, and to regain jobs more quickly in the recovery period. Of course, these adaptations had significant personal costs for immigrant workers and their families, but in times of increased job competition, their resilience enabled them to keep jobs and crucial sources of income and had important, positive spillover effects for native-born workers. Our research, however, shows important limits to that immigrant resilience. In our analysis of Current Population Survey (‘CPS’) data during COVID-19, immigrant workers had worse employment outcomes than native-born workers. Looking at the restaurant industry as a case study, we found that immigrant workers were more likely to lose their jobs, keep only low-paying jobs within restaurants, or drop out of the labor market entirely, as compared to native-born workers. The sharply contrasting experiences of immigrant workers during these two crises can be explained by the nearly simultaneous and complete shutdowns that states imposed across the country during the pandemic. These shutdowns undercut any mobility and flexibility advantages that immigrant workers might otherwise have had and threatened immigrants’ already precarious economic positions. As we look to the real possibility of future pandemics, these limits on immigrant resilience counsel for increasing immigrant access to aid programs at both the federal and state levels to benefit both immigrant workers and the larger economy that relies heavily on immigrant productivity.
Phillips, Edward R and Brandon L Morrow, ‘Employment Law: Navigating the New Paid-Leave Mandates’ (2020) 56(5) Tennessee Bar Journal 16–19 Introduction: The Families First Coronavirus Response Act (FFCRA) represents the second phase of Congress’s response to the COVID-19 crisis. The FFCRA provides eligible employees with paid sick leave through the use of two new acts: (1) the Emergency Paid Sick Leave Act (EPSLA) and (2) the Emergency Family and Medical Leave Expansion Act (EFMLEA). These provisions took effect on April 1, 2020 and expire on Dec. 31, 2020. Additionally, the new law includes refundable payroll tax credits for employers who are required to provide paid leave under the EPSLA or EFMLEA.
Philpott, Jane, ‘A View from the Front Lines of a COVID-19 Outbreak’ in Colleen M Flood et al (eds), Vulnerable: The Law, Policy and Ethics of COVID-19 (University of Ottawa Press, 2020) 463 Abstract: This chapter offers a narrative of a COVID-19 outbreak at Participation House Markham. It is a not-for-profit group home for adults with disabilities, established in 1972 by the Cerebral Palsy Parent Council of Toronto. With this outbreak, 95% of the home’s residents were infected. Six of them died. Fifty-seven workers were infected. The story illustrates themes discussed elsewhere in this book, but focuses particularly on the role of the labour force in a care home. It notes the pre-pandemic vulnerability of any congregate setting without a full staffing complement. In any group home or long-term care facility, an infectious outbreak exacerbates workforce challenges, as workers may be exposed to the virus; become ill; or become restricted to a single place of employment. By describing the clinical cases of three residents in one group home, this chapter demonstrates why the shortage of nurses, personal support workers, kitchen staff, and others, would trigger a crisis in this institution or others like it. The chapter includes policy recommendations that are amplified elsewhere in this section. These could contribute to a national review of how to provide residential care for people living with disabilities in a manner that is safe, healthy, and dignified.
Pillai, Deepa and Leena Dam, ‘Saga of Migrant Workers in India: Measures to Strengthen Social Security’ (SSRN Scholarly Paper ID 3784814, 30 December 2020) Abstract: COVID-19 pandemic has thrown up bitter colors when India witnessed the large scale gory sage of reverse internal migration of unorganized workforce. As compared to intercontinental migration the degree of internal migration is twice. Displacement, lockdowns, loss of employment, starvation and social distancing provoked a frenzied course of mass return for internal migrants in India and other parts of the world. In India there is a peculiar trend of unorganized workforce migration. Out of 29 states and 7 union territories, few states dominate where migrants flock for seeking livelihood. The fleeing of migrants to their inherent origin has weakened the economic activities towards slowdown in the economic growth. This thematic review paper discusses the problems of the internal migrants and their state during and post lockdown announcements in India. The data included extracts of articles, opinions and reviews for which codes were recognized which lead to formulation of research themes. The review also highlights government interventions in addressing the challenges confronted by the internal migrants with social security. This study proposes an arrangement as migrant exchange at state level for efficient policy formulation and accomplishment of social security standards.
‘Poland: Coronavirus: Impacts on Employment in Poland’ [2020] (9 April) Lawyer (Online Edition) 1 Abstract: The article offers information on Crisis Act enacted by Poland for addressing the impact of coronavirus on employment. It mentions that an order to work from home can be given in any form, also verbally, however, employers should confirm such order to work from home in writing or in an official email or, in the absence of other possibilities, even by a text message.
Polomarkakis, Konstantinos Alexandris, ‘Health and Safety at Work in the Time of COVID-19: A Social Europe Reckoning?’ (2020) 11(4) European Journal of Risk Regulation Special issue: ’Beyond COVID-19: Towards a European Health Union’ 864-883 Abstract: The shortcomings in the handling of COVID-19 highlighted the salience of health and safety at work and fuelled discussions surrounding the desirability of a European Health Union. This article conceptualises occupational health and safety at the European Union (EU) level as a key driver for the creation of a European Health Union. Through recourse to the area’s roots and its relevance to the tackling of the COVID-19 pandemic, the benefits of putting occupational health and safety in the driving seat are set out. The implications of maintaining a healthy workforce are acute, from both a social and a public health perspective, especially in the time of a pandemic. Relying on a reflective approach that goes beyond the status quo, this article offers pragmatic yet imaginative proposals for strengthening the occupational health and safety acquis. The proposals act as the blueprint for health and safety in the workplace to lay the foundation for a European Health Union and advance the social dimension of the EU.
Porcius, Isabela, ‘The Rise of Telework and the Struggle Towards Cyber Security’ (2021) 15(1) Fiat Iustitia 148–157 Abstract: Before 2020, telework had been regarded as a privilege of certain people within certain domains of activity. Moreover, it had been perceived as a caprice, given the fact that for the majority of people working implied a workplace which usually was chosen and properly organized by the employer. Working from home or from another place according to the desire of an employee seemed like utopia. The COVID-19 pandemic accelerated the transition from the traditional life to a life based on the use of technology. People had to keep physical distance for sanitary purposes, but at the same time, communication and daily life activities had to be continued in a suitable manner for preventing illness. When State Governments declared lockdown in the entire world, everybody and everything went online. As a result, computers and Internet became the salvation for the humankind confronted with a challenging virus. In this context, the only thing that mattered was that people could talk to each other, work together and sustain the economy and the society in general. As usually, technology was overestimated due to its advantages and most (probably all) of the risks were neglected. People felt relieved to have a normal life facilitated by the use of computers and Internet. It is vital to have an income and telework came as a guarantee in this regard. The issue is that while the focus was on the generalization of telework, cyber incidents occurred and cyber security was far from being a priority. What was the impact of cyber security incidents related to telework? Which are the main guidelines for ensuring cyber security in telework? These questions are analyzed in the present paper.
Porter, Nicole, ‘Working While Mothering During the Pandemic and Beyond’ (2021) 78(1) Washington and Lee Law Review Online 1–30 Abstract: Although combining work and family has never been easy for women, working while mothering during the pandemic was close to impossible. When COVID-19 caused most workplaces to shut down, many women were laid off. But many women were forced to work from home alongside their children, who could not attend daycare or school. Mothers tried valiantly to combine a full day’s work on top of caring for young children and helping school aged children with remote school. But many found this balance difficult, leading to women’s lowest workforce participation rate in over forty years. And even women who did not quit nevertheless suffered workplace consequences from logging many fewer work hours than before the pandemic. The exact magnitude of this toll, in terms of costs and careers, will not be known for years, if ever. This Article explores the challenges working mothers faced during the pandemic and sketches an outline of what solutions might have mitigated the difficulties during the pandemic and could make a difference in the lives of working mothers moving forward.
Potapova, Aleksandra, ‘The Risk of Limitation of Attraction of Foreign Migrants to the Russian Agriculture Amid the Pandemic’ (2020) 10(112) Monitoring of Russia’s Economic Outlook 3–9 Abstract: The closure of borders between countries in the wake of the outbreak of the coronavirus COVID-19 suspended the flows of the international labor migration, thus creating risks to the agriculture, particularly, fruit farming and horticulture. In this survey, the information is presented on the employment of foreign workers in the agriculture of various countries, as well as the measures taken to solve the problem of labor shortages in different countries whose experience can be useful to Russia.
Powell, Catherine, ‘Color of Covid and Gender of Covid: Essential Workers, Not Disposable People’ (2021) 32(2) Yale Journal of Law and Feminism (forthcoming) Abstract: We live in a moment of interconnected pandemics. The COVID-19 crisis provides a window into the underlying pandemics of inequality, economic insecurity, and injustice. The viruses of sexism, racism, and economic instability are the pre-existing conditions of an unjust legal system — baked into our nation at the Founding in the shadow of chattel slavery, female disenfranchisement, property requirements for voting rights, and dispossession of Native Americans. COVID-19 has not recreated these conditions, but instead has amplified the persisting inequalities upon which the nation was built. At the same time, the current viral moment reveals that we all share common vulnerabilities, making a vulnerability analysis particularly timely in gaining support for solutions. As commentators have observed, ‘COVID-19 doesn’t discriminate[, but] America does.’ Even while unmasking deeply embedded structural inequalities, this moment of interlinked pandemics of disease, economic insecurity, and violence affects us all and has torn at the very fabric of the social contract we owe to each other and, in fact, depend on. I propose a new concept, ‘viral convergence,’ to both analyze this moment of interlinked crises and to utilize this moment, in which our share vulnerabilities are so clear, to theorize a way forward. The road ahead calls for legal paradigms that recognize both the need for universal and more targeted solutions. As Arundhati Roy suggests, we must both acknowledge the tragedy while also utilizing this crisis for transformational change by viewing the COVID-19 pandemic as a ‘portal’ to a more just and equal world.
Pratiwi, Citra Resmi Nanda Putri and Tri Lisiani Prihatinah, ‘Employment Law System in the Covid-19 and New Normal Pandemic Periods’ (2nd International Conference of Law, Government and Social Justice (ICOLGAS), 2020) 136–144 Abstract: The Ministry of Manpower on April 20, 2020 collected data on workers who were dismissed and sent home during the Covid-19 pandemic, around 2,084,593 workers from 116,370 companies have been sent home. To avoid a legal vacuum during the Covid-19 pandemic, the government issued an employment policy. Based on these problems, the authors conducted a study to find out how the legal steps and policies that have been taken by the government to deal with labor problems during the Covid-19 pandemic in Indonesia. The approach used is normative juridical by analyzing secondary legal materials by understanding law as a set of regulations or positive norms in the statutory system that regulates human life. This research discusses the policy on how the labor law that has been issued by the government is in accordance with the positive law. The government has carried out its obligation to protect the public from dangerous diseases through policies that have been issued since the Covid-19 pandemic until the implementation of the new normal. Although it still requires more specific special rules in an effort to protect employers and workers affected by Covid-19 and the economy in Indonesia.
Prikasetya, Gratianus, ‘Employment Layoff Policy During Covid-19 Pandemic (Legal Comparative Analysis Based on Indonesia and Singapore Law)’ (2021) 1(2) Corporate and Trade Law Review 141–153 Abstract: The Covid-19 pandemic has made Employment Layoffs in Industrial Relation become unavoidable both in developing and developed countries. Throughout 2020, the number of layoffs, which can be seen from the unemployment rate in these two countries, has increased. Employment Layoff in Indonesia is subject to the provisions of Law No. 13 of 2003 concerning Manpower Law as partially amended by Law No. 11 of 2020 concerning Job Creation, while Singapore regulates it in the Employment Act of Singapore Chapter 91. Government intervention in implementing the Layoff Policy tend to be greater in Indonesia than in Singapore. This is the impact of the Corporatist Industrial Relations Model system used in Indonesia, while Singapore uses the Contractualist Industrial Relations Model system which relies more on the industrial relations settlement mechanism to the parties. This article was prepared by using Legal Research Methods, especially comparative law between Indonesian Law and Singapore Law.
Priya, Sakshi, ‘Women Empowerment Stringed with Women Employment during Pandemic’ (2021) 2(1) Jus Corpus Law Journal 89–95 Abstract: During the pandemic what muddled manhood after healthcare was the economy. Economic instability along with the challenges during COVID triggered us to understand issues that were not necessarily taken seriously. When we consider women as subordinate economic helpers to men, it signifies injustice to her contribution to the workforce which is either neglected or marginally paid. The gender gap at the workplace did exist before and made exclusiveness of men in terms of making money. But this pandemic not just pushed women back in terms of work, but even they never seemed to come back to work again. Also, Challenges faced by women workers especially women migrant workers are seemed neglected with due course of the pandemic. Thus, this article tries to study the significant effect of the pandemic in the lives of women workers, their challenges and throw light on their contribution in fighting the economic battle together with men.
Puaschunder, Julia and Martin Gelter, ‘The Law, Economics, and Governance of Generation Covid-19 Long-Haul’ 19(1) Indiana Health Law Review 47–125 Abstract: The SARS-CoV-2 novel coronavirus is an external shock to all societies with lasting impacts that have changed individual, political, and corporate decisions profoundly. Increasing evidence reveals that an estimated 10-50% of those previously infected with COVID-19 face a longer-term or long-term health impact and/or chronic debilitation that in many cases comes and goes in waves. This phenomenon has already been referred to as a pandemic within the pandemic. The broad-based and long-term impact of COVID Long Haulers have also holds the potential to change our world and modern society, lasting through the following three outlined speculative trends: (1) The coronavirus crisis has widened novel and already existing inequalities, of which the rather surprising finance performance versus real economy liquidity constraint gap led to unequal emotional and sociopsychological crisis fallout propensities. Corporate governance and political economy power dynamics may shift in the eye of Long Haulers’ relation to work and a healthy, productive environment. Employers will likely face pressure to create a safe and secure working environment but also have rising tort liability risks that may be mitigated by hiring health consulting agents. Proactive care for maintaining a healthy workforce and the overall long-term well-being of employees, including preventive care in teams, will become an essential corporate feature to attract qualified labor, whose bargaining power increased in the eye of labor shortages in direct contact industries and positions. (2) Long Haulers may initiate an artificial intelligence revolution of self-monitoring and constant health status tracking, but also democratization of healthcare information. Artificial intelligence, robotics, and big data offer essential complements to fill in for long-haul attention and productivity deficits that may occur in waves. Long Haulers have already found themselves in online self-help groups – such as Survivor Corps – for quick and unbureaucratic information exchange about an emerging group phenomenon. Social online media platforms served as an easy remedy during a time when a surge of severe COVID cases precluded COVID hospitalization. Nowadays, COVID long-haul patients have become – more than ever before – citizen scientists that bundle decentralized information on their health status and potential remedies in order to inform the medical profession about newly emerging trends. The rise in medical self-help and mutual support will have profound implications for the regulation of the medical profession and will likely stretch the medical remedy spectrum and boost alternative medicine. In the online exchange of sensitive information about one’s health status, citizen scientists are also particularly vulnerable in terms of their privacy, potentially even more susceptible to online marketing campaigns under medically impaired conditions, but also because of their sensitive information having been publicly disclosed online over time. (3) As historical precedents show, Generation COVID Long-Haul partially being recognized as a disability may result in increased pressures to reform social, healthcare, and retirement systems. Given waves of debilitation, the analysis of macroeconomic aggregates will have to change in order to reflect a more diversified and temporal view of social preferences. Future economic policy research may take inspiration from the legal concept of disparate impact. Behavioral insights on how to navigate the world with attention deficits and uncertainty may focus on developing an idea of the economic benefits of rest by incorporating preferences for minimalism in a turbulent world longing for recovery
Puaschunder, Julia M, Martin Gelter and Siegfried Sharma, ‘Alleviating an Unequal COVID-19 World: Globally Digital and Productively Healthy’ (Fordham Law Legal Studies Research Paper, 2020) Abstract: The novel Coronavirus-crisis raises attention to digitalization and healthcare prevention that opens opportunities to alleviate growing online and healthcare inequalities.In the wake of an already burgeoning digitalization revolution, the COVID-19 pandemic perpetuated digitalization. As affinity to information and communication technologies nowadays determines economic potential, technology-based inequality increases. Taxing digital analytics-driven economic growth could raise funds to offset technology disruption fallouts on a national level. On a global scale, equal access to internet connectivity around the world would help spread the benefits of digitalization equally and aid countries in catching up in international development endeavors. More than ever before in the history of modern workforce do employers and employees alike nowadays care about the overall well-being and physical interaction in a hygienic environment. The COVID-19 pandemic steered individuals to adopt technology to self-monitor healthy lifestyles, but also governments and employers to electronically track individuals for health safety purposes. With the overall immune system resiliency determining the severity of a COVID-19 infection, preventive healthcare implementation can be leveraged into a competitive advantage. Corporate Social Responsibility and corporate governance should incentivize preventive self-care as an innovative precautionary mean for lowering pandemic outbreak risks and boosting performance. Like in the Austrian Sozialpartnerschafts-model, stakeholder integration into corporate decision making could aid in reaching collective goals of a healthy workforce in an overall precautionary environment. Online healthcare technology offers most novel corporate governance and employer-employee interaction opportunities. Endogenous growth theory should include the workforce health status as a productive labor capital driver. Precaution should be factored in as a positive collective learning-by-preventing process, which includes group dynamics around hygiene but also monitoring of one’s own and other’s health status and care via health apps that also allow tracking human contact touchpoints for preventing COVID.
Purkayastha, Damini et al, ‘Work, Health and COVID‑19: A Literature Review’ (ETUI Research Paper - Report No 2021.03, 31 May 2021) Abstract: With work a key vector of Covid‑19 transmission, this report examines why it is critical that occupational health and safety measures take centre stage in mitigation policies. Workers in sectors declared essential by state authorities have been mandated to continue working in physical settings during the pandemic. Several such sectors involve many face-to-face contacts with colleagues and clients, meaning that workers face a higher risk of exposure to Covid‑19. Unregulated safety measures, a lack of personal protective equipment and crowded settings further increase the risk in these sectors. Persisting inequalities are exacerbated by the pandemic, as low-wage workers, workers from ethnic minorities, migrant workers and women are overrepresented in these sectors. They also face intersecting factors, including precarious contracts, job insecurity, inadequate paid sick leave, a lack of bargaining power and low socioeconomic status. The risks faced by (recent) migrants are compounded by the fact that their residence permits, access to healthcare and housing may be mediated by their employers. Studies show that there is also a gender dimension to the OSH implications of the pandemic, with women facing a higher exposure to the disease, a higher care burden and an increased risk of domestic violence. These patterns of inequality play a significant role in a health crisis, determining who is at greater risk of becoming infected, and whether or not they will have access to healthcare and self-isolation. Besides recognising Covid‑19 as an occupational disease and providing adequate protection to workers across sectors, it is important for OSH measures to go beyond workplace exposure to the disease and to include the various factors increasing exposure because of work. Policy recommendations include better representation of workers at all levels of employment, sector-specific OSH measures, broader EU-wide policies and infrastructures, improved job security and sick leave policies, disaggregated data collection and inclusive messaging.
Purwoto, Ady, Eko Soponyono and Indrati Rini, ‘Reconstruction of Legal Protection Policy for Occupational Safety for Health Personnel Due to a Transmitted-Disease Pandemic Based on Justice Value’ (2021) 4(10) Scholars International Journal of Law, Crime and Justice 595–600Jurisdiction: Indonesia
Abstract: Health workers need to get legal protection from the government as the executor of the task of handling Covid-19. The author raises this problem in a study with the main problem What are the obstacles that occur that make the legal protection policy for occupational safety for health workers due to the infectious disease pandemic is not based on the value of justice yet and How is the reconstruction of this law based on the value of justice which will be researched using the socio-legal research method which is on the qualitative data obtained by the author in the field where the results are processed using data triangulation to obtain a relevant and accurate analysis. The results of the study indicate that there are obstacles that occur as a result of a very complicated local government bureaucracy. In addition, health workers who work in the task force to accelerate the handling of the pandemic have not received occupational health and safety guarantees, only PPE (Personal Protective Equipment), Vitamins, food, and temporary Home Stay that must be provided while on duty, even the insurance is financed by their agency and not from their Local government. The reconstruction proposed by the author is in Article 9 paragraph 1 of Law Number 4 of 1984 concerning Outbreaks of Infectious Diseases, which stipulates that certain officers who carry out efforts to control the epidemic as referred to in Article 5 paragraph (1) must be rewarded for the risks involved that are borne in carrying out their duties.
Putri, Conie Pania, ‘Workers Laying Off Policy as an Impact of the Covid-19 Pandemic’ (Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2021, March 6th 2021, Jakarta, Indonesia, 2021)Jurisdiction: Indonesia
Abstract: Basically, entrepreneurs, workers/laborers, trade/labor unions, and the government must make every effort to prevent termination of employment. However, legal issue arises over the policy of laying off workers where workers do not do work, so whether their right to receive wages is still fully paid, partially paid, or not paid at all. Several employers implementing a policy of laying off their workers to suppress and reduce company operating expenses because the company does not get income due to discontinued business activities or production. However, legal issues arise over the policy of laying off workers where workers do not do work, so whether their right to wages are still paid in full, partially paid, or not paid at all. The research method is juridical-normative legal research. The conclusion of this study is in accordance with Article 93 paragraph (2) Juncto Article 186 paragraph (1) of the Manpower Law, states that employers are obliged to pay wages if the worker/laborer is willing to do the work that has been promised but the employer does not employ him. The amount of wages received can still be negotiated with the trade/labor unions and/or workers/laborers based on the Minister of Manpower’s Circular No. SE-05/M/BW/1998.
Rahman, Abdul, Jamiyatun Jamiyatun and Rini Sudarmanti, ‘Communication Strategy of Legal Aid Center for the Press in Advocating the Issue of Violation of Rights of Media Workers in the Covid-19 Pandemic’ (2022) 5(1) International Journal of Management, Entrepreneurship, Social Science and Humanities 245–257 Jurisdiction: Indonesia
Abstract: Several media companies have violated labor rights against their workers under the pretext of efficiency due to the impact of the Covid-19 pandemic. Aggrieved media workers complained to Legal Aid Center for The Press (LBH Pers) for legal assistance. Legal Aid Center for The Press as an Indonesia civil society organization provides legal assistance and advocacy to media workers who have been harmed by media companies under this pretext. Purpose – This study aims to determine the communication strategy used by Legal Aid Center for The Press in advocating the issue of violations of media workers rights during the Covid-19 pandemic. The result of this research is that the Legal Aid Center for The Press has actively implemented a communication strategy through press releases, press conferences, and public discussions. The communication strategy involves the media with the aim of giving public pressure to media entrepreneurs as well as a means of education, and building solidarity among media workers. Research limitations– The scope of this research is only on the communication strategy carried out by Legal Aid Center for The Press on the issue of violations of media workers’ rights related to the Covid-19 pandemic based on the number of complaints that came in throughout 2020. This case is unique because it occurred during the Covid-19 pandemic so it’s happened for the first time and there is less discussed research on the communication strategy of Non-Governmental Organizations (NGOs) that oversee the issue of violations of media workers’ rights during the Covid-19 pandemic.
Rahman, Irham, Totol Minto Leksono and Divi Kusumaningrum, ‘Legal Analysis of the Job Creation Act in Supporting Economic Recovery in the Employment Sector Post-Covid-19 Pandemic’ (Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022), 2023) 61–65 Jurisdiction: Indonesia
Abstract: The Covid-19 pandemic that occurred 3 years ago had a bad impact on the world economy, including Indonesia. Indonesia is one of the countries that is able to survive the difficult situation due to the Covid-19 pandemic. At the same time as the Covid-19 pandemic, the Government together with the House of Representatives passed the Job Creation Law. Then the problem that arises is whether the Employment Copyright Act in the field of manpower can support economic recovery in Indonesia in relation to its regulatory policies. This research method uses a normative research method using a legal approach and a historical approach. By examining the norms related to this field, this research is able to determine the rules that support economic recovery. The conclusion of this study is that the existing regulations in the Employment Creation Act related to employment generally support economic recovery by making it easier for employers and workers to enter into mutually beneficial work agreements and easier regulations. However, there are several regulations that still do not meet the welfare of workers, so that they are currently still under judicial review by the Constitutional Court.
Rajan, S Irudaya and RB Bhagat, ‘Internal Migration and the Covid-19 Pandemic in India’ in Anna Triandafyllidou (ed), Migration and Pandemics: Spaces of Solidarity and Spaces of Exception (Springer, 2022) 227–248 Abstract: This chapter looks at the effect of the Covid-19 pandemic on internal migrants in India. According to the 2011 Census, there are over 450 million internal migrants, of which a massive 54 million are inter-state migrants. A large number of these migrants consist of labourers who comprise a huge percentage of the informal sector workforce, both in the rural and urban areas of India, and are vital to the country’s economy. These workers are also some of the most vulnerable, with inadequacies in terms of working conditions and coverage of social safety nets, and are also largely absent from India’s policy discourses. This chapter highlights the size and extent of internal migration as well as its distribution across different states in India. It shows how the current crisis and lockdowns have affected their lives and livelihoods. It particularly looks at the responses of central and various state governments – at destinations and origins – to ensure migrants’ wellbeing. It also analyses the socioeconomic impact of the migrant exodus from major destinations and looks at solutions to enable and ensure that migration patterns in the future are sustainable, and more importantly, ensure migrants’ rights and dignity.
Rajan, S Irudaya and H Arokkiaraj, ‘Return Migration from the Gulf Region to India Amidst COVID-19’ in Anna Triandafyllidou (ed), Migration and Pandemics: Spaces of Solidarity and Spaces of Exception (Springer, 2022) 207–225 [OPEN ACCESS E-BOOK] Abstract: The Covid-19 pandemic has directly affected the millions of migrant workers in Gulf countries, mostly employed as temporary labour in construction and allied sectors. The Gulf region historically has been the most favoured destination for such jobs. However, the pandemic crisis has halted construction projects in these countries as the drastic fall in oil prices has affected Gulf oil and non-oil economies severely. This has had an adverse effect on Indian migrant workers as they face the threat of unemployment, leading to their voluntary or forced return to India. For example, at the end of 2020, half a million Kerala emigrants, most of them in the Gulf, had lost their jobs abroad due to the pandemic, making their return inevitable given their temporary status in these countries. This chapter examines how India is prepared to handle the changing trends in Indo-Gulf migration corridor and the subsequent return emigration from the Gulf. The chapter highlights major sending-state perspectives, such as that of Kerala and others, and their responses towards Gulf returnees. Moreover, it provides insights by revisiting the existing economic and social security measures for returning migrants and their families within the framework of state welfare schemes, thereby examining rehabilitation and re-integration mechanisms for return migrants at the central and state levels in India.
Rajaretnam, Thillagavathy and Angus Young, ‘Social Media, Its Use at Work and More: An Australian Perspective’ (2020) 26(6) Computer and Telecommunications Law Review 145–150 Abstract: Note: See in particular the section entitled ‘The Future of Work, Covid-19 and Social Media’. Abstract: The internet and social media are powerful instruments for mobilisation of people across the world and there is little doubt that the digital technology and social media have a significant impact on many aspects of social life and beyond. What started as a new tool for person-to-person communication has become something more, including a marketing tool for businesses. Corporations are catching up with the use of social media. They have begun to embrace the social media revolution by harnessing the benefits of social media as a communication, engagement and marketing tool. On the other end of the scale, many organisations are sceptical about the benefits of social media and perceive it as an inefficient use of time. The use of social media is either strongly discouraged at work or banned entirely. Besides, social media is increasingly more important for businesses that could post unknown risks as well as opportunities with the advent of the fourth industrial revolution. Consequently, the use of social media platforms at the workplace deserves more attention.
Rakhmadhani, Irzal et al, ‘COVID-19 Vaccination Services: Legal Issues and Protection for Health Workers’ (2021) 583 Advances in Social Science, Education and Humanities Research 110–114Jurisdiction: Indonesia
Abstract: COVID-19 cases are on the rise, and strict health protocols haven’t been able to keep up. COVID-19 vaccinations are required to slow the transmission of the virus in the community; lessen pain and death caused by the disease; accelerate herd immunity, and protect the community from COVID-19 during the recovery of social and economic activities. However, COVID-19 vaccination is still experiencing various obstacles due to public rejection of vaccination which leads to potential legal problems between health workers and certain community groups. The purpose of this article is to investigate potential legal issues as well as the protection of health workers involved in the COVID-19 vaccination service at Health Service Facilities. The method that is used in this scientific journal is normative juridical. The public’s refusal of COVID-19 vaccination raises various problems, and they lead to public misunderstandings including accusations of vaccination conspiracy by health workers. According to a review of the literature, health workers in COVID-19 vaccination in Indonesia are legally protected if the services are provided in accordance with established procedures. RI Law No. 29 of 2004 concerning Medical Practice, Presidential Regulation No. 14 of 2021, Regulation of the Health Minister of Republic Indonesia No. 269 and 290, and Decree of the Minister for Public Health HK.01.07/Menkes/413/2020 concerning Guidelines for Prevention and Control Coronavirus Disease 2019 all contain aspects of legal protection for health workers.
Raliile, Mohlomi, Theo Haupt and Mariam Akinlolu, ‘Rethinking Construction Health and Safety Legislation Compliance: Lessons Learnt from COVID-19 -Pilot Study’ (Proceedings of the Joint CIB W099 & W123 International Conference 2021: Changes and Innovations for Improved Wellbeing in Construction, 2021) Abstract: Despite numerous attempts to enforce construction health and safety legislation, low levels of compliance with health and safety requirements and high rates of accidents continue to exist in the construction industry. The far-reaching impact of the novel coronavirus has spawned the attention of international and national regulatory bodies and has led to the promulgation of emergency legislations both temporary and permanent. This study aims to identify lessons learnt from the COVID-19 pandemic to rethink the significance of health and safety legislation. The study further identifies how these changes have improved the overall safety landscape on construction sites. A quantitative method of data collection was adopted, and data were analysed using IBM Statistical Package for Social Sciences (SPSS) version 25. Descriptive and inferential statistics were used to analyse the data collected. The sample size for the study was 21 contractors in the region of Kwa-Zulu Natal province in South Africa. This is a pilot study which forms part of an ongoing empirical research. The study reveal that construction companies are conducting COVID-19 risk and mitigation plans, detailing the implementation plans for the safe re-activation of construction sites and the industry. It is incontestable that the pandemic has succeeded in probing the alertness, readiness and commitment of construction stakeholders as they are obliged to protect, respect and fulfil the rights to health of their workers. Although there are challenges regarding the susceptibility of the industry to the consequences of COVID-19 such as contractual obligations, additional provisions, pricing strategies and supply chain changes; the rapid response to the pandemic by construction stakeholders is unprecedented and commendable. It is hoped that after the pandemic, contractors will maintain the level of commitment and compliance with health and safety legislation in pursuing the full realisation of the health and safety of their workers as a do or die situation.
Ranjith, PV and Aparna J Varma, ‘Safety of Healthcare Workers in India’ (SSRN Scholarly Paper No ID 3629428, 20 May 2020) Abstract: Health is one of our fundamental human rights and the role of workers in the healthcare system is inseparable. Health workers being the front line staff have more complicated situations to deal with especially in the wake of a pandemic like COVID- 19. WHO cautions that they are exposed to hazards that put them at risk of infection. Nevertheless, we are witnessing the relentless efforts put forth by health workers to reinstall the health care system in their respective countries. Amidst all this tension, another concern that derails the COVID-19 battle is the attacks happening against COVID-19 warriors around different parts of the country. This paper is a subjective personal introspection of the authors on the safety of health workers in India. The main objective of the study is to find out the different problems of safety faced by healthcare workers in India and measures to control them.
Rao, R Venkata and Prakash Sharma, ‘Pandemic and “The Other Class”: The Indifferent Response When Caught Off-Guard’ (2020) 47(4) Indian Bar Review 13–29 [pre-print] Abstract: During the COVID-19 governance experience, instances remain common wherein one could see the adoption of ‘haphazard’ or caught ‘off-guard’ measures. At one place they have the potential to violate the constitutional right to equality and right to life of general masses, at the same time their continuous use strengthens development of an oppressive structure that targets vulnerable sections of the society. It is in this perspective the paper seeks to address the concerns of prisoners and migrant labours—termed ‘others’. The paper reveals that while on the issue of prisons the initial efforts to resolve their concerns came through the Court followed by the governments; whereas in matters concerning the migrants the initial efforts saw government attention and later due to continuous reference from various corners of society the Court took the suo moto role to correct the situation on ground. The paper finally concludes that in both the cases, the results have been woefully uncoordinated.
Rapuleng, Thabang, ‘Days of Our Lives in the “New Normal”: Retrenchments in Southern Africa Post COVID-19’ (2020) 20(6) Without Prejudice 56–57 Abstract: The global COVID-19 pandenmic has brought about unprecedented changes to the employment landscape and thrust us into a ‘new normal’. In looking beyond COVID-19, this article seeks to give a cursory overview of what constitutes an employment relationship, to determine whether an employment contract may be terminated on the basis of operational requirements and, lastly, to examine whether employees who have been retrenched on the basis of operational requirements are entitled to severance packages in Botswana, Lesotho, Mozambique and Namibia.
Rasnaca, Zane, ‘Essential but Unprotected: Highly Mobile Workers in the EU during the COVID-19 Pandemic’ (ETUI Research Paper, Policy Brief No 9/2020, 17 June 2020) Abstract: The Covid-19 pandemic has shown that highly mobile workers who frequently move either within or in and out of the European Union (EU) are irreplaceable during a public health crisis. Nevertheless, they often remain the least protected and most vulnerable.Measures introduced to protect workers in standard employment relationships during a public health crisis might not reach certain groups of highly mobile workers. As a result, they may become even more marginalised during a crisis.This is further exacerbated by such workers often being foreigners in their host countries. Both host and home countries fail to protect them adequately, and this can be even more pronounced for workers from third countries, outside of the EU.During the COVID-19 pandemic, pre-existing EU law has failed to protect highly mobile workers and, so far, the guidance and policy actions taken by the European Commission have failed them too.To enhance protection for highly mobile workers in the long term, a significant (upwards) convergence of social and labour law standards between countries and for different groups of workers is needed. In the medium term, a pan-European social safety net for crisis situations should be created, with the needs of highly mobile workers in mind. And in the short term, targeted emergency measures including both support and protective standards for this group of workers should be adopted, ideally at the EU level or, if not possible, at the national level.This policy brief’s focus is on ‘highly mobile workers’, namely those workers whose place of employment is not a single Member State: they either regularly cross borders due to the nature of their work, work in multiple Member States, or cross a border every day in order to work in a Member State other than the one where they permanently reside (De Wispelaere and Rocca 2020).The following groups of workers are of interest here: international transport workers (drivers, seafarers and air crew members); seasonal workers; frontier workers, who travel to a country other than their own for work on a regular basis; and other types of highly mobile workers.
Rasyiid, Muhammad Danial Ar and Habib Adjie, ‘Legal Due To The Party Layoff Due To Covid 19’ (2020) 17(2) YURISDIKSI : Jurnal Wacana Hukum dan Sains 108–116 Abstract: Indonesia became one of the countries infected with Covid-19. This certainly has an impact that can harm the country and society. Therefore, the government issued a policy of Large-Scale Social Restrictions (PSBB) with the aim of deciding the spread of Covid-19. One of the impacts felt by the community with the presence of Covid- 19 is the Termination of Employment (FLE) carried out by several companies to workers on the grounds of force majeure or loss. This reasoning is controversial, bearing in mind that force majeure cannot be said to be a reason that can cause harm as in the Covid-19 outbreak, and is deemed to deviate from Article 164 Paragraph (3) of Law Number 13 Year 2003 concerning Labor.
Reid, Blake E, Christian Vogler and Zainab Alkebsi, ‘Telehealth and Telework Accessibility in a Pandemic-Induced Virtual World’ (University of Colorado Legal Studies Research Paper No 20–44, 14 July 2020) Abstract: This short essay explores one dimension of disability law’s COVID-related ‘frailty’: how the pandemic has undermined equal access to employment and healthcare for Americans who are deaf or hard of hearing as healthcare and employment migrate toward telehealth and telework activities. This essay’s authors—a clinical law professor; a computer scientist whose research focuses on accessible technology; and a deaf policy attorney for the nation’s premier civil rights organization of, by, and for deaf and hard of hearing individuals in the United States—have collaborated over the past months on detailed advocacy documents aimed at helping deaf and hard of hearing patients and employers navigate the complex new circumstances of telehealth and telework. The essay presents a brief survey of some of the difficult issues the authors have encountered in trying to navigate the legal and technical dimensions of healthcare and workplace accessibility for deaf and hard of hearing Americans in a pandemic-induced virtual world.
Reilly, Amanda, ‘Good Faith in the Time of COVID-19’ (2023) 47(2) New Zealand Journal of Employment Relations 2022 (advance article, published online 4 January 2023) Abstract: This article discusses some key legal developments related to Covid-19 and employment law. It considers both those related to the economic impact of Covid-19 and those related to vaccination requirements. Some legal issues which arose were specific to the circumstances of the Covid19 pandemic while others raise more broadly applicable questions which are yet to be resolved. One very clear thread that emerges is that the need for employers to consult and engage with employees in good faith was not negated by the fact of a public health crisis and national state of emergency.
Reley, Pawan and P Jahnavi, ‘No Vaccine, No Salary: Is Mandatory Vaccination for COVID-19 Constitutional under Indian Law?’ (2022) 8 Indian Journal of Law & Public Policy 61 Abstract: Numerous district administrations across India have indirectly made vaccination mandatory. One of the indirect methods is that employees are not paid their salary if they are not vaccinated. This paper attempts to analyse the state’s actions through the lens of constitutional law. It analyses the impact of mandatory vaccination on individual autonomy and informed consent of a person and connects the same to Article 21 of the Constitution of India. It also connects the policy of mandatory vaccination to the principles of rationale classification and manifest arbitrariness engrafted under Article 14 of the Constitution of India. It then analyses the constitutional validity of the departmental instructions of no vaccine, no salary in the light of Article 300A of the Constitution of India. It further deals with the conditions which the legislature has to fulfil in order to adopt the policy of mandatory vaccination. This paper also looks at the aspect of mandatory vaccination from the lens of conflict between different fundamental rights. It also suggests a few alternate measures through which the state can fulfil its purpose of universal vaccination.
Ribeiro, Ana Teresa, ‘Freedom of Association and Covid-19: Striking a Balance?’ (2024) 10(1) International Labor Rights Case Law 24–28
Ribeiro, Ana Teresa, ‘Labour Law in Portugal during the Pandemic: Main Measures and Developments’ (2022) 15(2) Italian Labour Law e-Journal 105–118 Abstract: Like in many other countries, the COVID-19 pandemic provoked the implementation of several measures in the Portuguese labour regime in order to adjust this new reality and its aftermath. This Article provides an overview of such actions, namely the suspension of employment contracts, the admissibility of absences from work due to COVID-related reasons, the mandatory telework, the new powers of the Portuguese Labour Authority, and the prohibition of dismissals. The impact of the pandemic on the overall Portuguese labour market is also addressed, as well as the most recent changes prompted by the pandemic experience. Therefore, we will provide a panoramic view of the new regime of telework as well as of the newly proclaimed duty of the employer to abstain from contacting the employees outside of the working period.
Rifai, Eddy et al, ‘Legal Protection of Health Workers Who Experience Violence from Patients and Their Families in the Time of the Covid-19 Pandemic’ (2022) 5(1) Nurani Hukum: Journal of Legal Studies 12–22 Jurisdiction: Indonesia
Abstract: Along with the number of deaths among health workers during the COVID-19 pandemic, violence against health workers also often occurs. This shows that there is a need for an analysis related to legal protection for health workers. The problems that will be discussed in this research are: What are the legal provisions related to protection for health workers during the COVID-19 pandemic? And what about legal protection for health workers who experience violence The research method uses a normative juridical approach with qualitative analysis. The results of the study indicate that legal protection is an effort to maintain the rights of individuals or groups that can be fulfilled from strong or powerful parties such as the government or businessmen and other parties for the creation of security and public order. Legal protection for health workers is regulated in Article 57 of Law no. 36 of 2014 concerning Health Workers. Meanwhile, health workers who have been attacked have been protected and regulated in Articles 170 and 351 of the Criminal Code.
Roba, Roxana Maria, ‘The Right to Work in the Context of the State of Emergency. Solutions and Controversies’ (2020) 83(4) Curentul Juridic 36–40 Abstract: As a result of the Decree of the President of Romania no. 195 of 16 March 2020 by which it the state of emergency was declared, employers sought to identify, where possible, solutions for continued employment for their employees. Telework and work from home have been considered viable alternative solutions in certain areas, allowing employees to work in conditions that would ensure their health protection. In other cases, employers decided on the suspension of individual employment contracts or even dismissal. This study aims to analyze the terms in which the right to work has been affected during the state of emergency, the legal solutions that could be identified but also the controversies arisen.
Rodgers, Lisa, ‘Whistleblowing Protection and Raising Health and Safety Issues in the Pandemic: A Legal Analysis’ [2024] Journal of Work Health and Safety Regulation (advance article, published online 20 September 2024) Abstract: The aim of this article is to investigate whistleblowing protection in the UK both theoretically and practically, focusing on the protection of whistleblowers when raising matters of health and safety during the pandemic. From a theoretical standpoint, it is argued that UK legislation on whistleblowing is skewed towards an understanding of whistleblowing as an exceptional individualised response to serious harm rather than as part and parcel of good management in the workplace. In practical terms, this is underscored by the structure of the whistleblowing legislation in the UK which focuses on remedy rather than prevention, internal rather than external reporting mechanisms and individual protection in the face of retaliation by employers. This structuring of the legislation has meant that despite the increase in whistleblowing claims arising in the wake of the pandemic, the success rate of those claims has been low. We are still some way from whistleblowing legislation acting as an effective means of the fight against corruption and as a contribution to the agenda of decent work for all.
Rosairo, Gihan and Hasanka Jayaweera, ‘A Critique of Available Remedies for Industrial Disputes Arising Out of COVID-19: A Comparative Analysis’ (SSRN Scholarly Paper ID 4012487, 15 October 2020) Abstract: The recent pandemic due to COVID-19 has affected the whole world at large. Aside from the obvious health issues arising from COVID-19, there is also another less obvious issue; unemployment. Sri Lanka initiated curfews on 20th March 2020, a week after the first confirmed patient was discovered. This was followed by almost two months of continuous curfews, with the announcement of businesses partially re-opening close to mid-May. This clearly amounts to almost two entire months that businesses in Sri Lanka were not allowed to operate, except those deemed essential commodities. This has resulted in a vast array of Industrial Disputes. A key example would be workers being laid off in many businesses, simply because there is no revenue to pay salaries. This work is a doctrinal and library research of a qualitative nature, and, shall consider the just and equitable remedying of Industrial Disputes arising out of COVID-19, as an unforeseeable circumstance. Therefore, the goals of this work are, firstly; to verify whether the ADR methods award more just and equitable reliefs rather than general courts. Secondly, to discover whether the ADR methods are the sole alternative to address the aforementioned issue. An important question to answer in this context is whether the ADR methods prescribed by the Industrial Disputes Act No. 43 of 1950, namely Labour Tribunals (‘LT’), Industrial Courts (‘IC’) and Arbitration continue to fulfil the aforesaid purpose arising from unforeseeable circumstances. The authors firmly believe that the yield of this work will be instrumental for responsible policy-making authorities to better discern the best legal approach to remedy labour disputes arising out of similar unforeseen circumstances in the future.
Rosińska, Anna and Elizabeth Pellerito, ‘Pandemic Shock Absorbers: Domestic Workers’ Activism at the Intersection of Immigrants’ and Workers’ Rights’ in Anna Triandafyllidou (ed), Migration and Pandemics: Spaces of Solidarity and Spaces of Exception (Springer, 2022) 123–144 [OPEN ACCESS E-BOOK] Abstract: During the current global pandemic, when the family or household has been considered the most basic unit of quarantine, the role of the domestic worker – someone who by definition crosses the threshold and enters the space of the home – became problematised quickly. These workers’ ‘outsider’ status – transgressing the boundaries not just of the physical household space, but often also of race, immigration status, and class – has meant that some household workers were more readily regarded as disease vectors who were too risky to allow into the home and let go with little or no warning. In the United States, many of the federal and state relief bills responding to the pandemic continue to exclude the sector or undocumented immigrant workers or both from accessing relief measures. Drawing on an online ethnography of organisations and policy reviews, we analyse the multilevel response of domestic workers’ organisations to address the crisis at both the federal and local levels, with focus on the state of Massachusetts. This chapter tackles the variety of ways in which worker centres in the United States have been at the frontline of the response to domestic workers’ needs, addressing a gap in mainstream and otherwise insufficient relief measures provided by the government. Because of these gaps and the sheer level of need faced by these workers and their families, these centres did what they were prepared to do: continue the service provision, education, organising, and advocacy efforts while expanding their efforts in each of these areas of work.
Rothstein, Mark A, ‘The OSHA COVID-19 Case and the Scope of the Occupational Safety and Health Act’ (2022) 50(2) Journal of Law, Medicine & Ethics (forthcoming) Abstract: The Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) for COVID-19 applicable to private sector employers with 100 or more employees. Among other things, the ETS required employers either to mandate employee vaccination or weekly testing and wearing masks. A 6-3 majority of the Supreme Court applied the major questions doctrine and held that Congress did not authorize OSHA to issue standards addressing broad public health matters. The implication of the decision is to limit the scope of OSHA regulations, shifting power away from federal agencies to Congress and the states over significant matters as determined by the courts. The practical effect is to weaken safety and health protections in the workplace and beyond.
Rothstein, Mark A and Julia Irzyk, ‘Lawsuits of Last Resort: Employees Fight for Safe Workplaces during COVID-19’ (The Hastings Center Bioethics Forum, 29 July 2020) Abstract: A worker whose employer is failing to provide adequate protections against SARS-CoV-2 generally has little legal recourse. The Occupational Safety and Health Administration (OSHA), which is charged with ensuring safe and healthful workplaces, has refused to enact an emergency temporary standard for COVID-19. Furthermore, OSHA has issued only two minor citations against employers for violating existing regulations, despite thousands of illnesses and deaths among essential workers in high-risk positions. A possible ‘last resort’ legal strategy is to sue under public nuisance law, but these actions are usually reserved for governmental entities and often precluded by the existence of a statute that addresses the general issue.
Rothstein, Mark A, Wendy E Parmet and Dorit Rubinstein Reiss, ‘Employer-Mandated Vaccination for COVID-19’ (2021) 11(5) American Journal of Public Health e1–e4 Abstract: The greatest challenge to vaccination against COVID-19 may be the reluctance of large numbers of individuals to be vaccinated, including in the workplace. Many employers want their employees to be vaccinated to prevent the spread of the virus, reassure all employees and customers, avoid potential liability, and advance public health. With medical and religious exceptions, mandatory vaccination is generally upheld, especially for health care and other hazardous employment. For most types of employment, however, employers should attempt to persuade employees of the safety and efficacy of vaccination, and they should facilitate rather than coerce compliance.
Roudebush, Sue A, ‘Reducing Workers’ Compensation and OSHA Liability During COVID-19 and Beyond’ (2021) 15(2) Journal of Health & Life Sciences Law 136–143Jurisdiction: USA
Abstract: As the world navigates work-from-home opportunities in the post-COVID era, health care companies are considering their options too. This article provides a practical look into workers’ compensation and OSHA considerations so that health care providers can determine whether the benefits of remote working outweigh any potential risks. If it is decided that a remote working arrangement is desirable, health care employers will be able to assist in creating safe work environments to prevent workers’ compensation claims and OSHA violations.
Ruslina, Elli and Rita Sekarsari, ‘Legal Protection of Medical Staff in Hospitals during The Covid-19 Pandemic Era’ (2020) 1(1) International Journal of Latin Notary 29–35 Abstract: This research begins with the Covid-19 pandemic which requires serious control because it has had a dangerous impact on society, especially health workers in hospitals. The research focus is aimed at the legal protection of health workers in hospitals and the state’s responsibility for health workers. The research method used is library research, which is a method used by studying literature such as books, legislation and articles, journals related to the subject matter. Primary data used in field research, through interviews with related parties, namely hospitals and health workers. The focus of the discussion is to emphasize more on laws and regulations related to Social Distancing / Physical Distancing policies as regulations for legal protection of health workers as the frontline and state responsibility for health workers. The results showed that various laws and regulations as a policy for handling Covid-19 cannot be realized concretely in the field because they are related to different bureaucracy and implementation. The role of the state in the responsibility for health workers is not The responsibility of the state in this case is that the Government and Administrators of Health Service Facilities are obliged to ensure the sustainability of the availability of standardized Personal Protective Equipment (PPE) for health workers who work in health service facilities.
Saenz, Rogelio and Corey Sparks, ‘The Inequities of Job Loss and Recovery Amid the COVID-19 Pandemic’ (University of New Hampshire, Carsey School of Public Policy, National Issue Brief No 150, 10 August 2020) Extract from Introduction: This research is one of the first efforts to provide a broad and comprehensive overview of the inequities in job loss and recovery over the last several months of the pandemic. Our analysis highlights the wide variations in unemployment and the level of job loss over the last several months that have taken place to date across the nation’s demographic groups that have historically suffered disparities in the workforce, including persons of color, women, and immigrants. It is particularly unfortunate that the calamity of the pandemic comes on the heels of major improvements in job prospects that these groups made over the last decade, as the workforce emerged from the Great Recession.
Safradin, Barbara, Sybe de Vries and Simona de Heer, ‘Fundamental Social Rights Protection and Covid-19 in the EU: Constraints & Possibilities’ (2021) 17(3) Utrecht Law Review 103–117 Abstract: The Covid-19 pandemic has had major socio-economic consequences, particularly for critical workers such as healthcare workers, seasonal workers and platform workers in their social rights enjoyment. This article analyses how EU law could protect social rights in times of Covid-19, with a specific focus on the possibilities and limits of the EU Charter in times of crisis for these certain categories of EU workers. The potential of EU legal instruments to protect vulnerable workers’ social rights is limited both by the limited legislative competences in the social policy field and the limited scope of application of the EU Charter. Furthermore, social rights enshrined in the Charter are often formulated as principles, which means they cannot be invoked directly in court, but need to be elaborated in legislation. Nevertheless, the EU could further strengthen the potential of social rights in the EU legal order through harmonisation of social standards in two ways. First, by harmonisation of social rights using the legal bases in the Treaty. Secondly, by implementing the European Pillar of Social Rights effectively and by improving application of the EU Charter at national level, both by clarifying and broadening horizontal direct effect as by increasing application of the EU Charter by national policymakers and the judiciary and raising awareness.
Sage, William M and Victoria L Tiase, ‘Risk, Responsibility, Resilience, Respect: COVID-19 and the Protection of Health Care Workers’ in Glenn I Cohen et al (eds), COVID-19 and the Law: Disruption, Impact and Legacy (Cambridge University Press, 2023) 42–57 Abstract: Medicine and nursing have long professional traditions of altruism and self-sacrifice, including undertaking not only extreme stress but also personal risk in service of patient care. With exceptions for natural disasters, humanitarian missions, and military service, however, recent concerns about professional ‘burnout’ often have had more to do with mismanagement, exploitation, and generational or technological change than with core clinical circumstances. The COVID-19 pandemic changed that – bringing front and center the close connections between the well-being of health care workers and the well-being of the patients they serve. This chapter begins with the COVID-19 experience of health care workers in New York City and environs during the spring of 2020, examining what happened, why things went wrong, and how it drew attention and generated responses. The chapter then steps back to consider the root causes of health professionals’ physical and psychological vulnerability and moral anguish, such as inequities within the health care system, professional hierarchies, discrimination, safety system failures, and problems with business and regulatory practices. The chapter concludes by offering a range of potential improvements, ranging from ethics and advocacy to corporate governance and labor organization to workplace redesign to legal reform.
Sagmeister, Maria, ‘The Legal Regulation of Domestic Care Work in Austria. A Law and Society Approach to Covid-19 Relief Measures for Migrant Domestic Care Workers’ (2024) 150(1) Revue des Politiques Sociales et Familiales 117–133 Abstract: The Covid-19 pandemic has shed light on situations and structures that otherwise remained invisible (ILO, 2023). For the first time, fundamental problems of the Austrian care sector became apparent to the larger public. This article takes a close look at some of the challenges migrant live-in care workers in Austria faced during the pandemic, focusing on the accessibility of relief measures set by the state and the provinces. The article analyses the structural characteristics of two Covid-19 relief measures within the larger context of both the legal map of the domestic care work sector in Austria and the social formations structuring it, such as circular migration patterns, social movements involved, and the gendered nature of the private household workplace.
Salcedo, Emily Sanchez, ‘Work from/for Home: Recommendations to Ease Post-Pandemic Multiple Burden on Women’ (SSRN Scholarly Paper ID 3875087, 12 June 2021) Abstract: According to a 2019 UN report on women’s progress, women generally spend an average of 4.1 hours/day on unpaid household and care work compared to 1.7 hours/day for men. Such pre-pandemic statistics saw an exponential rise as COVID-19 swept the globe starting in early 2020. The situation is no different in the Philippines where the pandemic magnified not only the unpaid household and care work experienced by women but also exacerbated gender-based violence. This paper discusses how working women in the Philippines are burdened not only by the so-called second shift (Hochschild, 1989) but also by a more nuanced third shift (Kramarae, 2001) as they juggle the demands of work-from-home arrangements with their family responsibilities while navigating online education for themselves and their children in the midst of the pandemic.
Salem, Hanan, Reham Nafad and Sarah Taha, ‘Legal Response of Physicians Towards Workplace Violence during COVID-19 Pandemic in Egypt: A Cross Sectional Study’ [2022] Zagazig Journal of Forensic Medicine (advance article, published online 16 May 2022) Abstract: Workplace violence (WPV) is defined by World Medical Association as ‘an international emergency that undermines the very foundations of health systems and impacts critically on patient’s health’. The physicians are specifically vulnerable for such acts from patients or even their relatives. WPV has detrimental effects on both health professionals and the quality of health care services administered. Aim: to highlight the problem of assault against doctors and their legal response towards it, generally in medical practice and specifically during COVID 19 pandemic. Methodology: A cross sectional study was done through anonymous self-structured internet-based questionnaire survey on 300 physicians. It included different data as regards sociodemographic data, occurrence of bullying, type of assault and response of the physician towards such assault. Results: About 55% of responders claimed previous exposure to verbal or physical violence, nearly 19% faced verbal violence and 14% faced physical violence ,about 15% notified head of the department while only 9.7% notified police. Almost 80% of the responders were not satisfied by actions taken after notification , and 23% were exposed to bullying due to working during Covid era. All responders (100%) believe that media affect how people deal with physicians. Conclusion: Workplace violence against doctors is escalating vigorously. Under-reporting and lack of security support are the main issues in solving this catastrophic health system problem.
Salikova, Natalya Mikhailovna and Elena Maratovna Batukhtina, ‘Problems of Legal Regulation of Distance and/or Remote Labor: Pandemic Testing’ in XIV European-Asian Congress ‘The Value of Law’ (EAC-LAW 2020) (Atlantis Press, 2020) 350–360 Abstract: This paper deals with the legal regulation of distant and/or remote labour. The new needs of the society caused by the pandemic of a new coronavirus infection (Covid-19) are not only to create an urgent regulatory framework for distant (and/or remote) workers, but also to carefully and strictly observe the balance of rights in employee-employer relations....
Santoso, Aris Prio Agus and Erna Chotidjah Suhatmi, ‘Employment Termination in the Middle of Covid-19 Pandemic: Labor Law Point of View’ (2021) 8(1) UNIFIKASI : Jurnal Ilmu Hukum / Journal of Legal Studies 86–94Jurisdiction: Indonesia
Abstract: Article 28D paragraph (2) of the 1945 Constitution states everyone has the right to work and to receive fair and proper compensation and treatment in a working relationship. It is emphasized in Article 151 (1) of Law no. 13/2003 concerning Manpower. The entrepreneurs, workers/laborers, trade/labor unions, and the government must make every effort to prevent an employment termination. In fact, many workers have been terminated and some even did not receive any severance pay at all. Accordingly, the researchers formulated the following research questions: how to terminate employment in the midst of the Covid-19 pandemic, and how is the government’s responsibility for the welfare guarantees for workers. This research employed a normative juridical approach by collecting data from literature studies. The data obtained were analyzed qualitatively. The findings revealed the layoffs in the midst of the Covid-19 pandemic were a breach of contract by entrepreneurs. The entrepreneurs were still obliged to provide severance pay, reward money, and compensation money. In addition, the government has also provided accountability in the form of an economy, the Pre-Work Card. With this card, workers can develop workforce competence, increase productivity and competitiveness of the workforce, and develop entrepreneurship. The Manpower Office responsible for this program also participated in the workforce supervising and guiding
Selberg, Niklas, ‘The ILO Response to Covid-19: ILO and International Labour Standards in Times of a Pandemic’ (2020) 13(1) Italian Labour Law e-Journal 161–185 Abstract: In 2017, ILO issued recommendation no. 2015 on employment and decent work for peace and resilience, which is an international labour standard of particular relevance and importance for managing the labour market in times of crisis, and especially so in the wake of the Covid-19 pandemic. A body of generally applicable international labour standards provides social protection to workers during the pandemic and applies to the challenges to the labour market in such times. The Report describes the labour policy of ILO and international labour standards in relation to the Covid-19 pandemic, as well as ILO’s concrete response to the present crisis. Finally, the Report presents a reminder that ILS and social protection in the future must be able to handle social risks resulting from biological vulnerabilities on part of workers and the importance of the principle of universality in social protection.
Sen, Shuvro et al, ‘The Unprecedented Pandemic “COVID-19” Effect on the Apparel Workers by Shivering the Apparel Supply Chain’ (2020) 11(3) Journal of Textile and Apparel, Technology and Management 1–20 Abstract: COVID-19, known as a pandemic, affects the global economy. ILO declared this virus as a labor market and economic crisis. This study has been conducted for understanding the effect of COVID-19 on the apparel industry and the apparel manufacturing workers. This is a descriptive study, following the inductive procedure. The relevant information has been collected from the current academic literature, newspapers, reports publications, and relevant web pages. An online interview with the manufacturers, policymakers, trade unions, researchers, and academicians has been conducted for primary information collection. This study has found that the apparel industry is one of the most affected industries among the other industries by COVID-19. The retailers’ shops are being closed with having zero turnovers which leads to ordering cancelation to the manufacturing factories. Bangladesh’s apparel manufacturing industry is also drastically affected due to COVID-19. The factories can’t pay the workers’ salaries in this critical situation. Therefore, millions of workers have been sent home without their wages. Sometimes, it has predicted that the workers would lose jobs due to factory closure. The Government took lots of initiatives i.e. tax rebates, reduce VAT, financial support to the owners to pay the workers’ wages, loan installment rescheduling, etc. Albeit, these initiatives were taken for the welfare of the factory owners and the workers remain oppressed. So, a proper policy strategy is indeed an emergency to support the destitute workforce during the COVID-19 as well as in future financial crises that can happen due to this kind of epidemic or any reason. This study will be supportive to the stakeholders of this sector to learn the impact of COVID-19 on the workers and make the necessary adjustment for the future betterment.
Senatori, Iacopo and Carla Spinelli, ‘(Re-)Regulating Remote Work in the Post-Pandemic Scenario: Lessons from the Italian Experience’ (2021) 14(1) Italian Labour Law e-Journal 209–260 Abstract: This essay addresses the complex model of regulation of remote work existing in Italy, composed of three distinct schemes: telework, ‘ordinary’ agile work and the special form of agile work temporarily established to tackle the pandemic emergency. It compares the structural and functional features of the three bodies of rules by the systematic analysis of the relevant sources of legal and contractual nature. The aim is to assess the different solutions they envisage for the current problems of remote work, with a view to exploring possible ways to prepare the transition of this form of flexibility in the post-pandemic world of work.
Shahi, Mohammad Sharif, ‘The Impact of Covid-19 on Employment Relations in Iran’ (2022) Journal of Law Research (advance article, published online 5 July 2022) Abstract: Employment Relations, like other areas of human life, are affected by natural disasters and social, economic, and political necessities. In an efficient legal system, following the various emerging situations, it is possible to apply measures that can meet the event's needs based on legal and possibly contractual provisions. The covid-19 pandemic can be considered a natural and, of course, not very predictable event that affected various aspects of the country's political, social, and economic life. This epidemic in Employment Relations has a severe and destructive effect, such as the forced reduction of working hours and the disappearance of job opportunities. Under a descriptive approach, this report first deals with the legal analysis of the Covid-19 pandemic and its impact on the employment relationship. Then, according to the potential of the Iranian legal system, including the situations provided in the labor law and social security law, the solutions and legal necessities governing this situation will be provided according to the different related parties, including the government, employees, and employers. In addition, the rights and duties of each will be Explained.
Sharar, Bandar, ‘Comparing the Laws of England, Wales and Italy Relating to the Unilateral Modification for the Terms of Operational Contract during the COVID-19 Pandemic’ (2021) 42(3) Liverpool Law Review 465–483 Abstract: The study compares the mechanisms through which employers in England, Wales and Italy may be legally entitled to unilaterally vary the terms of their employment contracts due to the coronavirus pandemic and developing a taxonomy, through which a meaningful side-by-side comparison of these very different jurisdictions can be constructed. To attain the core purpose of this research, the study relied on the comparative legal research method. Despite the fundamental differences between the employment law regimes of the three countries; the mechanisms through which employers from these jurisdictions can vary the terms of their employment relationships in response to COVID-19 fall into one of these categories, force majeure mechanisms; flexibility mechanisms; hardship mechanisms or mechanisms facilitating bilateral variations tantamount to unilateral variations. The study concluded that there are fundamental differences between the employment law regimes that operate respectively in England and Wales and in Italy. England and Wales is a common law jurisdiction, whereas Italy is a civil law jurisdiction; Italy’s labour market is significantly more tightly regulated than England’s; in England and Wales, the employment contract regulates the employment relationship, whereas in Italy the individual employment.
Sharma, Shilpi, Baidya nath Mukherjee and Sonali Kusum (eds), ‘Issues of Unorganised Migrant Workers during COVID-19 Pandemic under Indian Legal and Judicial Developments’ in Law and Emerging Issues (Routedge, 2024) 41–49 Abstract: The ‘migrant workers’ working as ‘daily wage workers’ are included under the Social Security for the Unorganised Workers Act (UWSSA), 2008, largely regulated by the Inter-State Migrant Worker’s Act (ISMWA), 1979. The migrating workers from other states were most adversely affected by the pandemic COVID-19, being deprived of livelihood, daily wages, food, ration, accommodation and transportation during the lockdown, leading to a mass exodus of nearly 30 million migrant workers walking on foot with their families, children towards their homeland, increasing spread of COVID-19 virus and violation of government regulations. The Apex Court of India took cognisance of their plight in Suo Moto cases, and further, Government of India issues advisories and socioeconomic assistance schemes for these workers, but due to lack of records, government identity cards and registration for the migrant workers under the UWSSA and ISMWA, the migrant workers could not avail the same. A strong need is felt for better safeguard of their rights and rehabilitation. Accordingly, the objective of the paper is to enumerate socio-legal issues faced by migrant labour during the pandemic, vis-a-vis the existing policy, legal and judicial developments and the way forward.
Shemtob, Lara, Kaveh Asanati and Azeem Majeed, ‘Covid-19: Ending the Legal Requirement to Self Isolate Puts Vulnerable People at Risk’ (2022) 376 BMJ, Article o461 Abstract: The government has just announced that all covid-19 restrictions in England are set to end. Boris Johnson, the UK prime minister, told MPs that he plans to remove the remaining restrictions, including the legal requirement to self isolate for people infected with covid-19. Instead of legislation, voluntary guidance will ‘advise’ people with covid-19 not to attend workplaces. Employers will once again need to develop and implement new rules for their workplaces when the legal requirement to self isolate with covid-19 comes to an end. They should consider carefully how to develop and implement new policies fairly and safely in the workplace so that staff and customers—particularly those who are clinically vulnerable—are not put at risk. Presenteeism occurs when employees go to work despite not being well enough to perform their duties. The NHS is the largest employer in England and the NHS Staff Survey showed a drop in presenteeism in 2020 compared to preceding years. This is likely an effect of covid-19, which forced workers and employers to endorse sick leave to prevent workplace outbreaks and has therefore gone some way to changing attitudes to calling in sick. Despite this, around 40% of NHS staff surveyed still reported coming to work in 2020, despite not being well.
Shinal, Jennifer Bennett, ‘Leave in the Time of Covid: Examining Paid Sick Leave Laws’ (2021) 59(3) University of Louisville Law Review 393–416 Extract from Introduction: Supplemental paid sick leave laws are necessary both now and in the future, and as this Article will argue, a promising model for such additional provisions already exists at the state level. State paid sick leave legislation is currently on the books in fourteen states and the District of Columbia. Although a great deal of existing legal scholarship has focused on parental leave and long-term medical leave, virtually absent from the literature is any consideration of state paid sick leave legislation. Unlike parental leave and medical leave, paid sick leave legislation covers workers with nonserious health conditions like the common cold, a stomach bug, or a minor infection. Thus, this legislation can fill in the coverage gaps for workers with respect to both COVID-19 and other future illnesses.
This Article will highlight some of the major features of this important yet understudied state legislation, which is far broader in terms of employer, employee, and illness coverage than existing federal laws. Although many features of the paid sick leave laws are employee-friendly, the Article will also highlight employer protections built into many state laws. The Article will conclude by presenting new empirical evidence suggesting that these laws work as intended to reduce worker presenteeism. While the laws may impose some costs for employers, the combination of reduced employee presenteeism and built-in legislative protections serve to mitigate any increased costs for employers. More than ever, COVID-19 has highlighted the need for such paid sick leave legislation nationwide, as the costs associated with airborne illness at work will not go away in the postpandemic world.
Shinall, Jennifer, ‘Without Accommodation’ (2022) 97(4) Indiana Law Journal 1147–1201 Abstract: Under the Americans with Disabilities Act (ADA), workers with disabilities have the legal right to reasonable workplace accommodations provided by employers. Because this legal right is unique to disabled workers, these workers could, in theory, enjoy greater access to the types of accommodations that are desirable to all workers—including the ability to work from home, to work flexible hours, and to take leave. This Article compares access to these accommodations, which have become increasingly desirable during the COVID-19 pandemic, between disabled workers and nondisabled workers. Using 2017–2018 data from the American Time Use Survey’s Leave and Job Flexibilities Module, I find that disabled workers report far less access to these pandemic-relevant accommodations than do nondisabled workers. I further present evidence that disabled workers’ lower rates of access to pandemic-relevant accommodations are due, in part, to occupational segregation. Because disabled workers are more likely to work in jobs that are not amenable to working from home, working flexible hours, and taking temporary leave, the results raise concerns about many disabled workers’ ability to maintain their employment during the pandemic. The results further highlight the inherent weaknesses of the ADA and the need for additional supporting legislation—including short-term insurance and educational funding programs—for disabled workers.
Shtupi, Indrit and Edvana Tiri, ‘The Legal Provisions of the Work from Home and Telework in Albania’ (2023) 60(3) European Journal of Social Law / Revue Européenne du Droit Social 12-20 Abstract: The development of information technology tools has developed a new method of performing work processes: teleworking. The Covid-19 pandemic provided an opportunity for this new form to test its potential, benefits, costs and risks. The lessons learned from this massive forced testing are being used by companies and public entities to assess future challenges. Many European countries and beyond are making rapid improvements in legislation to regulate this form of employment and at the same time in the direction of encouraging an ever wider use of work from home and specifically telework. In Albania, some institutions, mainly financial, have seen the benefits of telework and are expanding the use of this practice of carrying out work processes. This phenomenon is still not accompanied by state intervention in legislation in order to regulate this new work relationship, always in the direction of facilitating and encouraging its extension to as many professions and institutions as possible, where it brings benefits.
Siahaan, Nomensen Freddy, ‘The Covid-19 Pandemic and Its Relation to the Commercial (Economic) Law, Labor Law, State and International Role’ (2021) 618 Advances in Social Science, Education and Humanities Research 575–578 Abstract: The Covid-19 pandemic is an epidemic global. This affects many things such as health, economy, social, culture, law, including Manpower, and other sectors. Of course, this is not what we want and beyond our expectations. Now all eyes of people in the world are very concerned about the spread of this virus because if we consider this virus to be underestimated, then we or people around us might become victims. At this time, the author will focus on research on manpower which is also affected by the Covid-19 Pandemic. This is the reason and concern for the author because it has shaken the labor sector, especially for workers affected by this Termination of Manpower. The role of the State and the International Labor Organization is urgently needed because this emergency was massive and brought many disadvantages to a lot of parties, especially workers who were laid off. In domestic situations, the Government must actively provide a social safety net for people affected by the termination of Manpower. Not only within the country, international institutions such as the ILO should also provide assistance and technical input in several areas, from training and skills to microfinance and small business development, and others.
Silalahi, Allena Marvelia, ‘Legal Protection for Workers Experiencing Unilateral Wages Cuts by Companies Due to the Covid-19 Pandemic’ (2023) 2(1) QISTINA: Jurnal Multidisiplin Indonesia 666–671 Abstract: One of the issues that is currently surfacing is companies cutting workers’ wages due to the Covid-19 pandemic. Actual wage deductions can be made in labor or wage regulations if they are based on: In accordance with the agreement between the employer and the worker and of course the applicable legal provisions. However, it is also true that many companies are cutting wages without workers’ consent due to poor business conditions exacerbated by the pandemic. The survey method used in this research is a prescriptive law survey method, namely a survey that uses secondary information sources based on positive law in the field of employment as the main source of information. In the case that occurred at PT Y Bandung City, the company failed to fulfill the requirements and obligations to workers/laborers due to unilateral wage deductions. The way to reduce worker/labour wages during the Covid-19 pandemic was supposed to be with an agreement between the company and workers/labourers and it turned out that PT Y Bandung did not fulfill what was required of Law No.13. Mandate related to employment and Sekda No. 3 of 2020 mentions cutting wages during the Covid-19 pandemic and must be in line with the company’s agreement.
Simandjuntak, Reynold, Henry Lumenta and Wenly Lolong, ‘Legal Protection for Workers for Termination of Work Due to the Covid-19 Pandemic’ (Unima International Conference on Social Sciences and Humanities (UNICSSH 2022), 2023) 1885–1889Jurisdiction: Indonesia
Abstract: The purpose of this study is so that everyone can know and analyze the harmony of legal protection of workers who have experienced (PHK) because the Covid-19 Pandemic on the grounds of force majeure in the manpower act and what legal action can taken by affected workers. The method used in this research is a normative legal method approach by prioritizing legislation (statue approach) using law number 13 of 2003 concering manpower. The results of this study prove that the Covid-19 pandemic can be categorized as force majeure because the parties cannot predict the Covid-19 pandemic and do not have a contributory effect and this pandemic is an obstacle that occurs in general.
Simson, Gary J et al, ‘It’s Alright, Ma, It’s Life and Life Only: Have Universities Been Meeting Their Legal Obligations to High-Risk Faculty During the Pandemic?’ (2021) 48(3) Pepperdine Law Review 649–712 Abstract: Even those universities most firmly committed to returning to in-person instruction in fall semester 2020 recognized that for health reasons some exceptions would need to be made. The CDC had identified two groupspeople age sixty-five and over and people with certain medical conditionsas persons ‘at increased risk of severe illness from COVID-19,’ and it had spelled out various special precautions they should take to avoid contracting the virus. Given the CDC’s unique stature, universities very reasonably could have been expected to grant exceptions tofacultyfalling into either group. but that’s not what many universities did. We argue that, properly understood, four separate legal sources required universities to exempt high-riskfaculty in the past academic year from any inperson teaching requirement. Two of the four sources are federal statutes that quali* as major statements of national policy-the Americans with Disabilities Act and the Age Discrimination in Employment Act. The other two sources are important state-law doctrines with strong support in the American Law Institute’s most recent torts restatement-protection from intentional injliction of physical harm, and protection from intentional injliction of emotional distress. A high-risk faculty member who was denied an exemption may well find this article helpful in trying to decide whether to bring suit. Our primary objective in writing the article, however, is not to encourage people to sue. Instead, it is to drive home to universities that, goingforward, they need to be considerably more conscious of, and conscientious about, their legal obligations than many of them were informulatingpolicies afecting high-risk faculty in the past academic year. And by ‘going forward,’ we mean not only for the remainder of this pandemic, but also for any crises that the future may hold.
Simutina, Yana and Sergii Venediktov, ‘The Effects of COVID-19 on Ukraine’s Regulation of Employment Relations’ (2020) 9(3) E-Journal of International and Comparative Labour Studies 20–37 Abstract: This article aims to study the changes in the legal regulation of employment relations in Ukraine following the outbreak of COVID-19. The pandemic has increased law-making activity. However, the obsolescence of Ukraine’s Labour Code have produced questionable outcomes. For this reason, the disadvantages caused by the rules governing employment relations in Ukraine should be dealt with, while seeking higher involvement of the social partners, scholars and relevant international organizations.
Singh, Swarnima, ‘Dilution of Labour Laws: Hidden Exploitation of Migrant Labourers Before Lockdown, Increase after Lockdown’ (SSRN Scholarly Paper No ID 3662079, 28 July 2020) Abstract: Migrant workers are beneficial and important factors for the economy where as their life is full of scarce, vulnerable and exploitation. In Globalization, profit motive capitalism emerged through which overuse of resources and worker exploitation occurs.For maintaining dignity and reducing the exploitation over labours government intervention took place by introducing labour laws. But due to the upcoming scenario Covid-19 pandemic affects the economy. Production becomes stagnant. So to maintain the pace of the economy the government has removed various labour laws which may affect the life of migrant labourers. Definitely it has seen the economy is somehow dependent on labourers. But now the economy is going to be stable at the cost of migrant workers. This study is an attempt to analyse the extent of labour laws followed in the grassroot level before lockdown and in which way it has increased after lockdown and unlock condition.
Singhi, Shruti and Anirudh Tagat, ‘Lawless: A Policy Perspective on Labour Laws and Migrant Workers Displaced by COVID-19’ (SSRN Scholarly Paper ID 3756097, 14 October 2020) Abstract: Many of India’s 19mn migrant workers have been displaced as a result of the COVID-19 pandemic and associated lockdown. Save for a select few that received assistance from their employers and local governments, many migrants were left to make their own arrangements to return home. This paper investigates the role of labour laws and policies in overcoming the adverse effects of the COVID-19 pandemic, and this unequal impact on migrant workers. Given that consolidation and strengthening of labour laws and codes in India is a recent phenomenon, this paper argues that there is an opportunity to account for vulnerabilities faced by migrant laborers in particular. We review recent bills such as the Occupational Safety, Health and Working Conditions Code recently passed by Parliament (2020). We provide a roadmap of labour laws and policies potentially required to safeguard migrant and minimum wage labourers from such shocks in the future.
Sinha, Rupanjana and Asmita Bhattacharyya, ‘Home and Work: Struggles of Indian Women Legal Professionals Before and During Pandemic’ [2023] Sociological Bulletin (advance article, published online 6 December 2023) Abstract: Grappling with work–life challenges often hinder the growth of women lawyers within their profession. As women struggle with the dual problems of working long hours and managing the family they are bound in a precarious situation which marginalises them as revealed in literature. The Pandemic 2020 has made the ‘work from home’ the new normal phenomenon. The present study makes a comparative narrative analysis between pre and during pandemics work–life contexts of the women lawyers by interviewing fifty of them based in Kolkata (India). The already existing work–life challenges have been amplified exposing their vulnerabilities. The crisis is about their existence as professionals, due to prioritising home over work during the pandemic. As the women lawyers strive to create a space within the legal profession, the pandemic proved jeopardising pulling them towards their conventional roles. Their professional and private spaces are brought under the same roof, increasing the struggle of their multiple roles and sacrificing their ‘me time’.
Skandalis, Ioannis, ‘Labour Law Measures Adopted in Response to Covid-19 in Greece’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020) Abstract: Several urgent labour law measures have been adopted in Greece as a response to COVID-19 through consecutive Legislative Acts, which were further clarified through numerous Ministerial Decisions. For this purpose, the Greek government resorted to an extraordinary fast-track legislative procedure provided by Greek constitution, which enables the executive power to legislate in cases of emergency. Said measures are subsequently ratified by law. The adopted labour law-related measures aimed to inject some flexibility in the labour market and to guarantee a basic level of income by the state for those employees, whose employment contracts were suspended, by also safeguarding the maintenance of as many working positions as possible. The purpose of this contribution is to present these measures by emphasising on the interpretative issues that they set.
Slinn, Sara J, ‘Protected Concerted Activity and Non-Unionized Employee Strikes: Worker Rights in Canada in the Time of COVID-19’ (2021) 57(3) Osgoode Hall Law Journal 605–635 Abstract: During the pandemic employees in the US have engaged in a wave of strikes, protests and other collective action over concerns about unsafe working conditions, and many of these involved non-unionized workers in the private sector. Similar employee protests were notably absent in Canada. This article examines the differences in labour legislation between the US and Canada which may help to explain these diverging experiences, primarily: the National Labor Relations Act (NLRA) section 7 protection for concerted activity, and the NLRA section 502 ability for a good faith strike due to abnormally dangerous conditions for work. This article outlines and compares the situation of, and consequences for, three categories of workers engaging in a strike over fears of workplace safety: unionized employees, non-unionized employees, and non-employees, such as independent contractors under the NLRA compared to under the Ontario Labour Relations Act (OLRA), as generally representative of Canadian labour legislation. In the final section, this article considers how a statutory provision similar to the NLRA protected concerted activity provision might be incorporated into Canadian labour legislation such as the OLRA. It also considers some more fundamental questions that such changes might prompt policymakers to reconsider, including: the focus of our statutory system on ‘organizing’ collective action to the exclusion of ‘mobilizing’ collective action, and questions about the potential role of minority unionism in our labour legislation system.
Solnica, Amy, Leonid Barski and Alan Jotkowitz, ‘The Healthcare Worker at Risk during the COVID-19 Pandemic: A Jewish Ethical Perspective’ (2020) 46(7) Journal of Medical Ethics 441–443 Abstract: The current COVID-19 pandemic has raised many questions and dilemmas for modern day ethicists and healthcare providers. Are physicians, nurses and other healthcare workers morally obligated to put themselves in harm’s way and treat patients during a pandemic, occurring a great risk to themselves, their families and potentially to other patients? The issue was relevant during the 1918 influenza epidemic and more recently severe acute respiratory syndrome epidemic in 2003. Since the risk to the healthcare workers was great, there was tension between the ethical duty and responsibility to treat and the risk to one’s own life. This tension was further noted during the 2014 Ebola outbreak in West Africa that left hundreds of healthcare workers dead. The AMA Code of Ethics states that physicians are to ‘provide urgent medical care during disasters…even in the face of greater than usual risk to physicians’ own safety, health or life.’1 Classic Jewish sources have dealt with this question as well. There is an obligation ‘to not stand by idly when your friends life is in danger’; however, the question arises as to whether there are limits to this obligation? Is one required to risk one’s own life to save another’s? There is a consensus that one is not required but the question open to debate is whether it is praiseworthy to do so. However, regarding healthcare workers, there is agreement for ethical, professional and societal reasons that they are required to put themselves in harm’s way to care for their patients.
Sovilj, Ranko P and Sanja N Stojković Zlatanović, ‘Tackling the Impact of the COVID-19 Pandemic in Economy and Labour: A Case Study of Serbia Regulation’ (2021) 14(2) Medicine, Law & Society 301–320 Abstract: The paper deals with the foundation of policy and legal national framework addresses, particularly, the adequacy of state measures in the areas of economy and labour as a response to Covid-19 pandemic. The aim is, by analyzing recent soft law documents of international organizations and the introduced models of comparative policy practices, to make critical considerations regarding the policy responses in the crises conducted by the Serbian Government. The human-centered, holistic, and integrated approach had been applied accompanied by the legal normative and comparative methods. Putting the current Serbian regulation in the context of the international area of policy emergency response, the territorial approach has been determined as most applicable, accompanied by the spatial coverage to the most vulnerable sectors. Government stimulation policy in the area of economy and employment in the Covid-19 crisis must be based on the rapid and reliable assessment of the impact of a lockdown or trade and job restrictions as on medium to longer-term recovery strategies of trade and employment. The principle of global and national solidarity, public-private partnership are core elements that need to be incorporated in the legal framework to tackle the impact of the Covid-19 pandemics in the economy and labour.
Spieler, Emily A, ‘Occupational Safety and Health, Essential Workers, and the Covid-19 Pandemic in the U.S.: Report to the International Labour Organization’ (SSRN Scholarly Paper No 4426624, 23 April 2023) Abstract: This Report on the U.S. occupational safety and health response to the pandemic was prepared at the request of the International Labour Organization as part of the ILO review of the protections provided to workers on the frontline of the pandemic in multiple countries. As requested by the ILO, the Report provides an overview of U.S. occupational safety and health and related law; traces the effects of the pandemic on workers in the U.S.; reviews the federal agencies’ responses to the risk of COVID-19 within workplaces; explores the variability among state responses to the occupational health threats; provides a summary of COVID-related workplace litigation, including novel legal theories that relied on public nuisance and common law health and safety doctrine; and briefly outlines the social and economic supports provided to workers in the U.S. before and then during the pandemic. The Report concludes with an analysis of the shortcomings of the U.S. response, including underlying problems of state variability, lack of overall protection of employee voice, a weak overall public health system and an overly bureaucratized federal system of occupational safety and health regulation. The Report was provided to the ILO in April 2022 and the status of litigation and public health orders was updated through March 31, 2023. It is circulated with permission of the ILO. Findings from this Report have been incorporated into a broader analysis: See Sean Cooney, Olivia de Quintana Figueiredo Pasqualeto, Tzvetomira Radoslavova, Emily Spieler, Iván Williams Jiménez, OSH AND THE COVID-19 PANDEMIC: A LEGAL ANALYSIS, ILO Working Paper No. 90 (March 2023).
Spies-Butcher, Ben, ‘The Temporary Welfare State: The Political Economy of Job Keeper, Job Seeker and “Snap Back”’ (2020) 85 Journal of Australian Political Economy 155–163 Abstract: The Coalition Government’s response to the COVID crisis appears, at least temporarily, to have upended political economic certainties. Having only recently won an election fighting for lowers taxes and less spending, the Government announced the unemployment benefit would (temporarily) be doubled through a new JobSeeker payment. In amidst a renewed attempt to pass anti-union legislation, Coalition Ministers now lined up to praise ACTU Secretary Sally MacManus, who in turn praised the Government for implementing JobKeeper, a version of the union’s call for a wage subsidy.
Sprague, Aleta, Amy Raub and Jody Heymann, ‘Protecting Workers’ Equal Rights during Crisis and Recovery: Constitutional Approaches in 193 Countries’ in Shreya Atrey and Sandra Fredman (eds), Exponential Inequalities: Equality Law in Times of Crisis (Oxford University Press, 2023) 19–42 Abstract: This chapter analyses the scope, potential, and early impacts of constitutional protections for equal rights, social protection, and minimum labour standards in safeguarding workers’ health and livelihoods during Covid-19. Across countries, both the pandemic itself and many policies enacted in response (eg economic shutdowns) disproportionately affected marginalized workers due to underlying disparities in terms and conditions of work, social protection coverage, and living conditions. While the right to health has clear relevance during a pandemic, protections for equality and fundamental economic rights also matter to workers’ overall well-being, particularly when policy responses focus narrowly on preventing disease spread through closures without adequately addressing social determinants of health like workplace safety and income. This chapter: (1) draws on a unique global dataset to analyse the extent to which constitutions protect equal rights, decent work, and social insurance in 193 countries; (2) reviews early examples of how these constitutional protections provided tools to support both health and economic needs and uphold foundational equality amidst a crisis; and (3) identifies gaps likely to leave workers vulnerable if unaddressed. It finds that explicit constitutional protections for almost all aspects of equal rights, decent work, and social insurance have become more common over time; moreover, courts from wide-ranging countries have cited these protections in decisions addressing workers’ rights and households’ material needs amidst Covid-19. Nevertheless, most countries lack constitutional provisions specifically addressing safe working conditions or income protection during illness and unemployment—areas that matter to equality both during pandemics and more typical years.
Srinivasan, Vinithra and Varun Srinivasan, ‘Employment Issues During COVID-19 Crisis: An Analysis of the MHA’s Order’ (SSRN Scholarly Paper No ID 3595983, 5 May 2020) Abstract: The COVID-19 crisis, declared as a pandemic by the Director General of WHO on 11.03.2020, in addition to having a significant and highly disastrous impact on the lives of people world over, has had and will continue to have an apparent and heavy influence on all industries, globally. Even in the most automated industries, people are at the fulcrum and so when contemplating cost-cutting, to stay afloat on such troubled waters, companies find it an inevitable step to cut down on their manpower, either in the form of job cuts or more prevalently, salary / wage reductions. However, at the same time, there is also a necessity to ensure protection for these personnel during these tough times while also equally safeguarding and balancing the interests of both the company and the employees. In this context, the Indian Government has taken the initiative through the recent Ministry of Home Affairs (‘MHA’) Order dated 29.03.2020, among other notifications/guidelines issued by other departments, stating that employers are required to pay full wages to all workers, the non-compliance of which would attract penal consequences. The said order has been recently challenged before the Supreme Court, in which matter the Trade Unions have also sought to be impleaded, and which Order has also been challenged by another petition as well; however, the Supreme Court for the interim has not provided any stay and has sought for the Government’s response on the said Order. In the meanwhile, the Central Government has extended the lockdown till the 17th of May, 2020, continuing the effect of the Order dated 29.03.2020. Further, penal consequences are also being enforced against employers for non-compliance of the said Order. Therefore, considering the fact that the Supreme Court has not granted stay over the said Order, this article seeks to analyse the Order’s impact in the context of the prevailing labour laws in India, while also considering whether the Order can be said to be all encompassing in its application, without delving into the grounds such as arbitrariness, unreasonableness, amongst others, which have been raised in the Petitions.
Steele, Daiquiri, ‘Preserving Pandemic Protections’ (2021) 42(2) Berkeley Journal of Employment and Labor Law 321–370 Abstract: Though violations of workplace laws are typically viewed as private matters between employee and employer, such violations often transcend these private relationships and impact third parties and the broader society. As an important example, violations of workplace laws can impact public health, particularly during public health emergencies like the COVID-19 pandemic. Empirical research has consistently shown that access to paid sick leave decreases transmission of infectious diseases. In the wake of the COVID-19 pandemic, Congress created a statutory entitlement to paid sick leave to help ease the economic burden on workers and prevent community spread of the novel coronavirus in the workplace and surrounding communities. However, workplace laws are only as strong as their protections against retaliation. This Article critically assesses the retaliation provision Congress drafted as part of this legislation. That provision inadequately incorporates the holdings of previous cases in which the judiciary interpreted retaliation and whistleblowing provisions of other statutes. In so doing, Congress failed to provide the robust retaliation protections needed to support the underlying goal of the emergency entitlement. This Article proposes how the legislature can strengthen anti-retaliation statutory text to allow for the broadest interpretation possible in accordance with goals of the private enforcement scheme Congress created, particularly in times of national crisis.
Stein, Elizabeth, ‘An Exacerbated Power Imbalance: The Danger in Allowing AI to Render Arbitral Awards in Employment Arbitration’ (2024) 50(2) Mitchell Hamline Law Review 423–452 Abstract: The article focuses on examining the potential dangers associated with using artificial intelligence (AI) to make arbitral decisions in forced employment arbitration. Topics include the functionality of AI, concerns about its use in the legal field, and the application of AI risks to forced employment arbitration, along with recommendations for its regulation in the future. It discusses the increased adoption of AI accelerated by the COVID-19 pandemic.
Stevens Crimmins, Virginia and Mary C Ambrose-Gerak, ‘Employment Discrimination Issues for the Dispute Resolution Practitioner in the COVID-19 Era’ (2023) 76(3) Dispute Resolution Journal 55–70
Stevenson, RJ and Sapphire M Andersen, ‘Present and Future Impacts of the Covid-19 Pandemic on Employment Law in the United States’ (2022) 55(4) Creighton Law Review 397–426 Abstract: The COVID-19 pandemic has undoubtedly shifted the landscape of employment law in the United States, and it continues to do so. As new COVID-19 variants and challenges arise, so do new questions in the workplace concerning employment policies, government mandates, and compliance. Employers have been forced to constantly adapt to changing legal obligations and keep up with the latest developments. Beyond the direct threat of the virus, COVID-19 will have a lasting impact on employment law and compliance efforts going forward. This Article addresses the quick evolution of employment law, thus far, during the COVID-19 pandemic with a focus on major congressional legislation and federal agency action impacting employment law. This includes a discussion on the fierce legal battle over COVID-19 vaccine mandates and a look at how existing federal agency frameworks were adapted to novel COVID-19 issues. Finally, this Article establishes how key United States Supreme Court determinations and federal agency response on COVID-19 issues may shape the future of employment agency rules and state responses.
Stewart, Andrew, ‘COVID-19 and the Future of Labour Research, Policy and Regulation’ (2021) 32(1) Labour and Industry 10–27 Abstract: This article reflects on the profound impact of COVID-19 on labour research and those who undertake it, on both global and local labour markets, and on labour policy and regulation in Australia. It briefly discusses the many existing challenges the pandemic has highlighted for the supply, organisation and compensation of labour in one particular sector, aged care, before going on to examine the state of the Australian system of labour regulation and policy-making prior to the current crisis. It then discusses how that system has responded to the pandemic, and critically analyses the Morrison Government’s embrace and then abandonment of the idea of consultation and cooperation with the union movement, as it seeks to set an agenda for Australia’s recovery. There seems little chance that the government’s package of changes to the Fair Work Act 2009 will do anything to address deep-seated problems such as wage stagnation, insecurity, inequality and adversarialism. Indeed it may exacerbate them.
Suherman, Suherman and Alda Damayanti Putri, ‘Legal Protection on Workers’ Unilateral Wages Deductions Due to the Covid-19 Pandemic’ (2020) 7(10) International Journal of Multicultural and Multireligious Understanding 445–457 Abstract: In 2020, the presence of the Covid-19 Virus has had an impact on many sectors in human life. The impact of this virus is not only on the health sector but also spreads to the economic sector, especially business. The difficulty of business activities in Indonesia amid the Covid-19 pandemic has caused many companies to decide to cut the wages of their workers. However, problems arise when several companies violate the rights of their workers by unilaterally cutting workers’ wages which are not in accordance with the existing regulations in Law no. 13 of 2003 concerning Manpower, Government Regulation no. 78 of 2015 concerning Wages, and more specific regulations in the midst of a pandemic through the Minister of Manpower Regulation No. M/3/HK.04/III/2020 concerning Protection of Workers/Laborers and Business Continuity in the Context of Prevention and Overcoming Covid-19. This research uses empirical normative method. In normative research, the type of data used was secondary data, which consisted of primary, secondary and tertiary legal materials. While empirical research, using primary data in the form of answers that could be obtained in the field. The specific objective that will be achieved in this research is how to protect the law against workers who cut wages to their workers.
Suk, Julie C, ‘After the “Shecession”: Post-Pandemic Law and Policy for Working Mothers’ in The Routledge Companion to Gender and COVID-19 (Routledge, 2024) Abstract: Law and public policy responded to the gender inequalities in employment exacerbated by the pandemic political economy, particularly the disadvantages faced by working mothers. The onset of the pandemic led to an exodus of women from the workforce, due to the pandemic’s shutdown of schools, which multiplied the caregiving responsibilities of working parents. The added pressures of caregiving fell disproportionately on women. Litigation by women who lost their jobs during the pandemic under various legal theories, including pregnancy and disability discrimination. This litigation spotlighted the deficiencies of antidiscrimination law and the absence of a policy infrastructure that supports working motherhood in the United States. The EEOC issued new guidelines on caregiver discrimination in 2021 and Congress passed the federal Pregnant Workers’ Fairness Act in 2022. This chapter assesses the potential and limits of these new developments and engages noteworthy constitutional innovations outside the United States to support caregiving.
Sulaiman, Siti Sarah et al, ‘The Effects of Immigrant Workers and Covid-19 Pandemic on Kuala Lumpur as A Tourism Destination: A Legal Analysis’ (2022) 12(10) International Journal of Academic Research in Business and Social Sciences 827–840 Abstract: An unfavourable truth about the immigrant population that colonised Kuala Lumpur was exposed during the COVID-19 pandemic. This phenomenon contributes to the declining ability of the tourism industry to generate revenue. Local tourists are less likely to book accommodations in tourist destinations due to the presence of immigrant colonies that have reportedly violated the COVID-19 vaccination programme, which has a detrimental effect on the tourism industry. The paper aims to analyse the problems faced by the authorities in controlling the immigrants and managing this tourist destination, especially post-COVID-19. The qualitative data were gathered through doctrinal study and semi-structured interviews, whilst a survey was chosen as the quantitative data method. Later, qualitative and quantitative data were triangulated and analysed using specific coding and themes. The study discovered that the immigrant influx in the centre of Kuala Lumpur negatively impacted the tourism industry. Other than cleanliness, dilution of local identity and safety were two significant issues requiring reformation of the existing laws. The output of this research may assist the policy maker, administrator, tourism operator and the government in identifying the proper aftermath of COVID-19 resolution tailored to the actual problem in the tourism industry.
Sullivan, Charles A, ‘Noncompetes in a Downsizing World’ (SSRN Scholarly Paper ID 3775706, 29 January 2021) Abstract: As the nation confronts multiple federal and state attacks on employee noncompetition agreements (NCAs), one issue has remained relatively obscure: may an employer that terminates a worker for reasons not related to performance nevertheless enforce an NCA? A scattering of cases mostly holds no, and the recent Restatement of Employment Law’s agreement with those decisions is likely to be very influential for the great majority of jurisdictions that have not yet addressed the question but may be forced to in light of massive COVID-related layoffs. This Article supports the Restatement’s proposed rule, while exploring the fascinating doctrinal and policy issues implicated in the question. Ultimately, it sees the rule as rooted in concerns about fairness to employee that are typically given short shrift in current doctrine. This is true even for a Restatement that otherwise seems decided to opt for an economic approach that would validate NCAs that are ‘reasonably tailored’ to defined legitimate employer interests.Adoption of a rule denying enforcement in such situations also poses some interesting second-order questions, such as how to determine when a termination is performance-related and probable employer responses to a new dispensation. All are explored in the pages that follow.
Świstak, Marzena, ‘Remote Working and Teleworking. Some Points of Reflection in the Context of the Current SARS-CoV-2 Pandemic’ (2020) 32(4) Acta Iuris Stetinensis 117–128Jurisdiction: Poland
Abstract: The purpose of adopting the Act on particular solutions related to the prevention, countering and combating COVID-19, other infectious diseases and the emergency crises caused thereby of 2 April 2020 was to minimise the threat to public life. This was to be attained inter alia by the introduction of remote working. The laconic wording, however, led to various interpretative difficulties as to the scope of obligations of both employers and employees as well as the framework of their mutual responsibility. In order to eliminate ambiguities and ensure the effectiveness of regulations, certain legislative amendments were introduced, but in the current legal circumstances these do not seem to be the target solution. The author, taking advantage of the historic method, was able to show the evolution of the incidental legal solution that is remote work. Based primarily on the analysis of applicable laws, on the other hand, she highlighted the advantages as well as defects of remote work as it is now, while comparing it to telework. In this context, it was possible to propose certain de lege ferenda (as it should be) conclusions as to the direction of desirable legislative changes, i.e. making the rights and obligations of a remote worker, settling accounts and rules of responsibility more precise. The main objective of the author was to present possible ambiguities in the current regulations, which should be removed in the legislative works carried out in the future. In this scope, the rules concerning the use and settling the use private equipment, used by the remote worker in the performance of work duties, should be clarified and also the rules concerning the transfer of work results ought to be expressly specified. Further, the author points out the unclear limits of responsibility of parties to the employment relationship, where the work is carried out remotely and thus supervision over the worker is lighter. Looking at the global direction of socio-economic changes, it was also suggested that remote work be regulated in the Polish legal order on the permanent basis.
Szabłowska-Juckiewicz, Marzena, ‘Impact of COVID19 on Labour Law’ in Frydrych-Depka, Anna, Maciej Serowaniec and Zbigniew Witkowski (eds), Pandemic Poland: Impacts of Covid-19 on Polish Law (Vandenhoeck & Ruprecht, 2021) 235
Teixeira, Juliana Cristina, ‘Brazilian Housemaids and COVID-19: How Can They Isolate If Domestic Work Stems from Racism?’ (2021) 28(S1) Gender, Work & Organization 250–259 Abstract: This article proposes a debate about the situation of Brazilian housemaids in the context of the COVID-19 pandemic to expand the discussion on this scenario and link it structurally to racism and the history of colonialism, from the perspective of its successful project of establishing racial inequalities and relegating Black women to the most vulnerable conditions. As staying at home is not a choice for these women, the suppression of the right to life reflects how the necropolitics against Black Brazilians operates. In Brazil, the naturalization of this form of violence finds great support in a mixture of affection and inequality relationships, in a context in which domestic workers, specifically housemaids, figure as the memory of Black mothers, that is, the enslaved women of the colonial period, coming from the African diaspora. This memory is associated with the whiteness naturalization of the subordinate status of Black women.
Terman, Sharon, ‘Protecting Workers’ Jobs and Income During COVID-19’ in Scott Burris et al (eds), Assessing Legal Responses to COVID-19 (Public Health Law Watch, 2020) 205–210 Abstract: The COVID-19 pandemic has exposed and exacerbated the harmful impacts of disparities in access to workplace supports like paid leave and unemployment benefits, and has led to worsening economic conditions for people already living on the margins. Workers in the United States have long experienced a crisis around care – too often having to risk their jobs and income when they or their loved ones become ill. The United States is one of the only countries in the world without universal, guaranteed, job-protected paid leave. A complex patchwork of laws allows some workers to take time off work to care for themselves and their families, but low-wage workers are often excluded from coverage or otherwise face barriers to accessing these protections. The unemployment insurance system provides temporary, partial wage replacement to those who lose their jobs through no fault of their own. But some workers, including undocumented immigrants, are excluded, and cumbersome rules and administrative obstacles prevent many others from accessing benefits. In March 2020, Congress enacted temporary emergency paid sick and family leave for the first time, as well as expanded unemployment benefits, but both programs have serious gaps that disproportionately impact women, people of color, low-income workers, and immigrants. This Chapter examines the income and job protection policy responses to COVID-19 and recommends additional solutions that center the needs of low-wage workers and families, and prioritize racial and gender equity and access for immigrants.
Tham, Joo-Cheong, ‘The COVID-19 Crisis, Labour Rights and the Role of the State’ (2020) 85 Journal of Australian Political Economy 71–83 Abstract: This article assesses the impact of the COVID-19 crisis on labour rights in Australia. It considers this impact according to three labour rights (the right to work; the right to social protection; the right to safe and healthy working conditions) and three cross currents (the forces of inequality; the increase in employer power; social dialogue).Threading through this analysis are the relevant international labour standards, particularly the standards set by International Labour Organisation (ILO). These standards are normative standards – they point to what is morally significant.They also assist in considering how the COVID-19 crisis has altered the role of the state in relation to labour rights. Before the crisis, this role corresponded with neoliberal understandings of a market-friendly and minimal state. By comparison, international labour standards offer a different understanding of the role of the state - a social democratic understanding where the state performs an active role in regulating the market in the interest of promoting decent work. What seems to be emerging from the crisis is, however, a state that is neither fully neoliberal nor social democratic – a ‘JobMaker’ state.
Thanvi, Irfan Ali, ‘UAE Legal Amendments During the Covid-19 Pandemic’ (2022) 7 Law & Political Review 109–127 (see pages 120-121)
‘The HSA Covid-19 Inspections Approach Set Out Clearly’ (2020) 25(6) Health & Safety Review 16–17 Abstract: Highlights comments made by P J Claffey, Project Manager of the Irish Health and Safety Authority’s field inspectorate, on the four key questions inspectors will raise during their mandated COVID-19 workplace inspections concerning employers’ compliance with the Irish Government’s Return to Work Safely Protocol and their duties under the Safety, Health and Welfare at Work Act 2005.
‘The Practical NLRB Advisor: The NLRA in a Pandemic’ [2020] (Winter) Labor Law Journal 189–219 Abstract: The article focuses on application of National Labor Relations Act (NLRA) and activity of National Labor Relations Board (NLRB) during COVID-19 pandemic. Topics discussed include United Auto Workers (UAW) successfully negotiated partial pay for bargaining unit members who were furloughed for six weeks and fought for employee rights; employees are entitled under the NLRA to engage in concerted actions in an attempt to improve their working conditions and refusal to work due to COVID-19.
Thornton, Margaret, ‘Coronavirus and the Colonisation of Private Life’ (2022) 1(1) Legalities 44-67 (pre-print) Abstract: The idea of a distinction between public and private life has a long history in political thought, but the boundary between them has become increasingly blurred as a result of temporal flexibility. Technological change lies at the heart of the ability to choose when and where work is performed, including ‘working at home’. This refers only to productive work so that the unpaid domestic and caring work that women disproportionately undertake is excluded. It continues to ‘count for nothing’ in the computation of the Gross National Product. With particular regard to the gender ramifications, this article considers the responses to an on-line survey conducted in Australia when ‘working at home’ was a key prong of the government response to COVID-19 in 2020. As unpaid work is integrated with productive work, it is suggested that the rationale for discounting it in national accounts no longer holds, especially as the sphere of intimacy is insidiously being colonised by capitalism.
Ticoalu, Maya Geil Theresia Berlian, Sisca Beatrix Kairupan and Marthinus Mandagi, ‘Implementation of Law No. 2 of 2004 Concerning the Settlement of Industrial Relations Disputes Amid the Covid-19 Pandemic in North Sulawesi Province’ (2021) 22 Technium Social Sciences Journal 24–34 Abstract: The COVID-19 outbreak at the beginning of 2020 shocked the world had a significant impact on the world community. The deadly virus, first discovered in Wuhan, China, killed thousands of people in various countries. Regulations or policies that the government has set are very influential in every sector and aspect of human life. Disputes or cases are possible in every human relationship. They were even considering that legal subjects have long known legal entities, the more parties involved in them. With the increasingly complex pattern of people’s lives, the scope of the incident or dispute event covers a broader scope, which often gets the spotlight on industrial relations disputes. The purpose of this article is industrial solution disputes, especially disputes through mediation dismissed in the middle of a pandemic covid 19 North Sulawesi as mandated by Article 8 of law No. 2 of 2004. The research was conducted using a qualitative approach. Researchers will use the data collection techniques to study the literature, field studies, observations, interviews, and documentation. The results of the study concluded; 1. The implementation of Law Number 2 the Year 2004 has been very effective in resolving disputes through the mediation process carried out by the Manpower and Transmigration Office of North Sulawesi Province. 2. There are still obstacles in the dispute resolution process through mediation conducted by the Manpower and Transmigration Office Transmigration of North Sulawesi Province, based on Law Number 1 of 2004. 3. There are several inhibiting factors in optimizing the settlement of industrial relations disputes in North Sulawesi. Such as companies that do not want to pay compensation on time, disputes after layoffs occur in the process of mediation. Dispute resolution time is more than the time limit by Law no. 2 of 2004. The implementation of dispute resolution is not by the procedure because the disputing parties are not
Tiraboschi, Michele, ‘The COVID-19 Emergency from an “Industrial Relations Law” Perspective: Some Critical Notes on the Italian Case’ (2020) 9(3) E-Journal of International and Comparative Labour Studies 37–54 Abstract: This paper disregards the legal and social dilemmas about work – which have emerged in the context of risk society – as these are aspects decisionmakers, scholars and legal experts will soon be faced with. Rather, this paper will examine a more specific – though just as important – methodological issue, which considers how legal rationality is conceived in new modernity when used to deal with work-related issues, irrespective of the framework adopted for analysis.
Todd, Margaret and Sarah Everhart, ‘Martinez-Cuevas v. DeRuyter Brothers and COVID-19: Is It Time to Re-Examine Farmworker Labor Protections?’ (2021) 17(1) Journal of Food Law and Policy 130–140 Abstract: In the fall of 2020, in the midst of the COVID-19 global pandemic, a closely divided (5-4) Washington Supreme Court, in Martinez-Cuevas v. DeRuyter Bros. Dairy Inc., held that dairy workers, despite a state wage and hour law specifically exempting agricultural workers, are entitled to overtime pay. The Court based its decision, in part, on the dangerous nature of the work performed by the dairy workers. Although the decision was specific to dairy workers in Washington, the majority of U.S. farmworkers are not entitled to overtime wages while working jobs that are generally considered dangerous and have been made more so during COVID-19.
Țop, Dan, ‘The Economic and Social Consequences of the Increase in the Number of Employees Working, as an Effect of the Coronavirus Pandemic, in the Telework Regime in Romania’ (2021) 52(3) European Journal of Social Law / Revue Européenne du Droit Social 7–16 Abstract: The coronavirus pandemic accelerated the transition to online by 5 years. Although the IT industry has exploded in the last 20 years, Romania is still at the bottom of the European ranking on digitization, ranking 26th out of 28 countries. In Romania only in 2020 the Romanian Digitization Authority (ADR) was established. and a ministry of research and digitization has been set up and some interesting provisions appear in the government program, such as the introduction of informatics in primary classes. Statistics show that only 9.2 percent of jobs with earnings below the average wage in the economy could be done in telework. It is now more difficult to assume that there will ever be a return to normalcy, especially since the restrictive measures imposed over a longer period of time lead to changes in human behavior in such a way that it is impossible to predict to what extent once. what the crisis generated by Covid-19 will disappear will return to a lifestyle similar to that before this period.
Ţop, Dan, ‘Flexibilization of the Work Schedule, One of the Most Wanted Facilities After the End of the Pandemic’ (2022) 56(3) Revue Européenne du Droit Social 20–27 Jurisdiction: Romania
Abstract: In recent years we have witnessed a series of important changes in labor law,determined both by the need of companies to keep their employees motivated and productive,and by the trends imposed by the new generations that give more importance to personal and professional life. who prefer flexible hours, to the detriment of the rigid standards imposed bathe relevant legislation. Many employees want a more flexible work schedule once the Covid-19 pandemic is over and they will have to return to work. Some opt for moderate options, while others want to make significant changes, such as adopting a hybrid work regime. This requires that employees be able to choose their work schedule and also where they want to work. If most of the countries in which the 4-day-a-week work schedule was tested considered a proportional reduction in the number of hours worked in a week with the maintenance of the salary unchanged, it should be noted that in Romania and Belgium, the concept of short working week only considers a merging of the 40-hour working week into 4 working days and the granting of 3 days off. Another way to make work more flexible regulated by the Labor Code is the individualized work schedule. However, an important aspect, which deserves to be pointed out and which concerns both situations described above, is the one related to the fact that, once the state of alert is over, the regulation of telework will be done exclusively based on Law no. 81/2018.
Toy, Alan and Dawn Duncan, ‘The Centre of Interests of the Employment Relationship’ (2022) 30(2) New Zealand Universities Law Review 201-224 Abstract: The nature of the employment relationship has evolved due to Coronavirus disease 2019 (COVID‑19) which has caused changes to the conditions of workers around the globe. Of particular interest is the rise in cross‑jurisdictional employment relationships and the relevance of labour laws to these relationships. The occurrence of a rapid increase in online working requires a new principle for extraterritorial application of employment laws. The place of work, a major factor in existing principles, is of less relevance now which renders existing principles obsolete.
Travis, Michelle, ‘A Post-Pandemic Antidiscrimination Approach to Workplace Flexibility’ (2021) 64(1) Washington University Journal of Law & Policy 203–230 Abstract: Before the COVID-19 pandemic, the judiciary largely accepted the ‘full-time face-time norm’ resulting in the systematic exclusion of persons with disabilities, women, and other members of protected groups from certain jobs. Claims involving aspects of the full-time face time norm include accommodation requests for telecommuting, flextime, part-time, and other flexible working arrangements. This Article examines pre-pandemic case law under the ADA and Title VII of the Civil Rights Act. COVID-19 has brought dramatic workplace changes, requiring judges to re-examine their previous restrictive rulings on workplace flexibility. During the pandemic, companies around the world went from prohibiting remote work to requiring it. This Article encourages judges, using the lessons learned during the COVID-19 pandemic, to re-examine the defining features of ‘work’ and empower antidiscrimination law to more meaningfully expand equal employment opportunities.
Trebilcock, Anne, ‘Governance Challenges and Opportunities for the International Labour Organization in the Wake of the COVID-19 Pandemic’ (2021) 18(3) International Organizations Law Review 370–396 [draft article available on SSRN] Abstract: The International Labour Organization has confronted several governance challenges in the wake of the COVID-19 pandemic. This article looks at the impact of the pandemic on both the internal operations of this unique tripartite UN Specialized Agency and on the ILO’s substantive work on labour market and social protection governance. It explores how international labour standards and their monitoring offer human rights pointers for addressing the crisis. The article highlights interaction (not always coherent) between the ILO and other organizations in connection with COVID-19 and economic recovery. It foreshadows initiatives on how to ‘build back better,’ with the ILO again seeking a strengthened multilateral role in support of its social justice mandate, as informed by resolutions adopted by the International Labour Conference. The article also touches on the pandemic’s impact on the functioning of the ILO Administrative Tribunal, which adjudicates employment disputes for many international organizations.
Tribowo, Andita, Akbar Widya Pratama and Margaretha Evi Yuliana, ‘Legal Protection for Indonesian Migrant Workers Abroad During the Covid-19 Pandemic’ (2022) 3(1) IJLLE (International Journal of Law and Legal Ethics) 57–67 Abstract: Law No. 13 of 2003 concerning Manpower states that every worker has the same rights and opportunities to choose, get, or change jobs both within and outside the country. Then Law No. 39 of 2004 concerning the Placement and Protection of Indonesian workers abroad and its implementing regulations. However, the facts on the ground show that there are still many cases that afflict Indonesian workers abroad who have not received complete and safe protection. In fact, many of them don’t even know what protection they get. The problem in this research is how is the legal protection of Indonesian workers abroad during Covid 19. This research method uses a sociological juridical approach, with data collection from field studies and literature studies, to determine the legal protection of Indonesian workers abroad. The data obtained were analyzed qualitatively. Based on the results of the study found that Indonesian migrant workers abroad get legal protection. This protection can be seen from the regulations made by the government in providing protection for the rights of Indonesian migrant workers while carrying out their duties abroad. During the Covid 19 outbreak, the Indonesian government provided various assistance and attention to the affected Indonesian migrant workers. However, the protection of Indonesian migrant workers during Covid 29 from the Indonesian government still has weaknesses. Many Indonesian migrant workers feel that their rights have not been fulfilled during Covid 19. Even the delay in responding makes Indonesian migrant workers feel unnotified. So protection during Covid 19 itself cannot be carried out optimally.
Tucker, Eric, Leah Vosko and Sarah Marsden, ‘What We Owe Workers as a Matter of Common Humanity: Sickness and Caregiving Leaves and Pay in the Age of Pandemics’ (2021) 57(3) Osgoode Hall Law Journal 665–704 Abstract: Workers commodifying their time in labour markets are liable to become temporarily incapable of doing so because of sickness or caregiving responsibilities. While the risk is universal, it will be experienced very differently depending on social conditions and arrangements and social locations, such as gender, among others. In a society in which the vast majority of people are dependent on labour market incomes to survive, the consequences of being off work are severe, unless some protection and benefits are provided. Over time, Canada has developed a number leave and income-replacement schemes, but the COVID-19 pandemic revealed, in dramatic fashion, their limitations, leading to the adoption of temporary measures to address the crisis. This article, written from a feminist political economy perspective, provides an overview of the historical development of sickness and caregiving leave and pay arrangements set against the background of changing social and economic reproduction regimes. It then examines more closely the slow development of Canada’s welfare state model of sickness and caregiving leaves and benefits since the 1970s, focusing on the federal government’s enactment of special employment insurance benefits and statutory leave rights in British Columbia and Ontario. Next, it critically examines the limitations of that statutory regime, as it existed immediately prior to the outbreak of the COVID-19 pandemic in Canada, and then considers the expansion of sick and caregiving leave and pay provisions, enacted in response to the pandemic. The article then elaborates four principles to guide the future development of the sick and caregiving entitlements suggests ways of bringing the existing regime more into line with those principles. Finally, it sets out a few directions towards imagining a different regime that truly provides workers with what we conceive they are owed as a matter of common humanity.
Ud Din, Nizam et al, ‘COVID-19 Crisis Shifts the Career Paradigm of Women and Maligns the Labour Market: A Gender Lens’ (SSRN Scholarly Paper No ID 3589448, 5 April 2020) Abstract: This study attempt to examine the effect of the COVID-19 on women participation in the labor market. We have used the ILO and World bank data to determine how the recession affect women employment in a different region? And how current pandemic (COVID-19) affect women employment? The result shows that lower-middle-income, middle income and upper-middle-income group effect from any upcoming recession. Moreover, the labour market in the lower-income countries is already severe, and the current pandemic could further widen the gender gap. Among all women are associated with informal employment in any sector, tourism, food, and small enterprise would be suffered the most.
Uwadinma, Alex Iloba, Favour Onoriode Ebbah and Egondu Grace Ikeatu, ‘Adapting to Change: The Impact and Legal Challenge of Remote Work in Nigeria Post-COVID 19’ (2024) 4(1) Adeleke University Law Journal 26–40 Abstract: The global pandemic has revolutionized the work environment, compelling a shift towards remote work models. This phenomenon is particularly significant in Nigeria, where traditional employment practices are being re-evaluated in light of these changes. The primary aim of this study is to analyze the legal implications of remote work arrangements in Nigeria. It seeks to understand how current labour laws accommodate this new work dynamic and to identify gaps in legislation that may affect remote workers and employers. This study employs a qualitative approach, analyzing existing Nigerian labour laws and policies related to remote work. It includes a comprehensive review of legal documents, scholarly articles, and case studies to understand the current legal landscape. The findings reveal a complex interplay between traditional labour laws and the demands of remote work. While some existing laws provide a basic framework for remote employment, there are significant gaps in addressing specific challenges such as employee rights, data security, and work-life balance. The study concludes that while Nigeria has made strides in adapting to remote work, there is an urgent need for more comprehensive legislation that specifically addresses the nuances of remote employment. It is recommended that new policies be developed to protect remote workers’ rights, ensure data security, and promote a healthy work-life balance. Furthermore, ongoing legal reforms should be informed by the evolving nature of remote work.
Valdivia, Alejandro, Johannes Gallon and Anna Katharina Mangold, ‘Occupational Health in Slaughterhouses in Germany: Translating Political Claims into Legal Language during the COVID-19 Pandemic’ (2023) 69(4) Zeitschrift für Sozialreform 279–303 Abstract: The COVID-19 pandemic provided political momentum for social and legal change in occupational health in slaughterhouses in Germany. After years of unsuccessful scandalisation over the precarious working conditions in slaughterhouses, a comprehensive legislative framework was introduced in 2020: the Federal Occupational Health and Safety Control Act (Arbeitsschutzkontrollgesetz). This article traces the political and legal events leading to the enactment of this legislation, contributing to a wider empirical debate about the interaction of civil society and democratic institutions. Methodologically, we combine a legal analysis of the legislative process with a political science analysis of the participation of civil society actors, mainly labour unions. Theoretically, we explore how civil society actors translated the content of political claims into legal arguments through the lens of disciplinary translations and knowledge translation. The results of our study highlight the importance of translations as a hermeneutic concept for bringing about legal changes.
Vandaele, Kurt and Agnieszka Piasna, ‘Sowing the Seeds of Unionisation? Exploring Remote Work and Work-Based Online Communities in Europe during the Covid-19 Pandemic’ in Nicola Countouris et al (eds), The Future of Remote Work (ETUI, 2023) Abstract: Virtually all trade unions are primarily focused on the workplace for recruiting and organising members. There is little doubt that this locus will continue to be of significance for them. It is at the workplace where they have the most control over the social norm of union membership. Remote work challenges this locus since it is likely to hamper workplace-based organising and the union norm. This chapter focuses on the work-based online communities as potentially fertile ground for engaging and organising remote workers. Remote work in the pandemic context has instituted and promoted new online channels to communicate and forge communities among workers. Such channels open new potential for unions in an era of fissuring workplaces. Put differently, in a Polanyian way, remote work has probably deteriorated the connection between workers, yet it has simultaneously offered new channels or ways to connect.
Velazquez, Alvin and Muyi Zhang, ‘Labor Laws and Surveillance in the Time of COVID-19: A Demand for Better Worker Protections’ (2024) 38(1) ABA Journal of Labor and Employment Law 93–106 Abstract: Since March 2020, workplaces have been changing rapidly and permanently due to the COVID-19 pandemic. With the widespread introduction of remote work and the economic and social impact that the pandemic has had upon people, two trends have become apparent: COVID leave laws enacted to protect workers have been insufficient in actually protecting them, and the pandemic has brought about an increase in workplace surveillance. The first section of this paper will analyze the impact, or lack thereof, of COVID-19 sick and vaccine leave laws enacted across states during the pandemic upon the workforce. The second section of this paper will focus on the rise of workplace surveillance due to the rise of remote work during the pandemic, and the chilling effects of such surveillance. Finally, this paper will argue that the pandemic has resulted in detrimental workplace trends that will continue to severely affect future workplace environments and will give recommendations as to how to stop or curb these trends.
Vernea, Sorin-Alexandru, ‘Work Flexibility as a Reaction to Pandemic Restrictions in Romanian Legislation’ (2022) 56(3) Revue Européenne du Droit Social 107–115 Abstract: The flexibility of work has become, paradoxically, a balancing factor in the continuity of activities during the Sars-Cov-2 pandemic, established since 11.03.2020. With the restriction of individual freedoms, measures have been imposed to adapt the traditional legal framework to new epidemiological realities. This paper examines in the first section the general framework and practical ways to achieve work flexibility in Romania, prior to March2020. In the second section, the measures taken since March 2020 in Romanian legislation,for the same purpose will be analyzed, followed by brief conclusions on their peculiarities seen as a reaction to pandemic restrictions.
Voegel, Conner J, ‘The Syringe That Drips Money: How Title VII Affects Employer-Mandated Vaccinations in the Manufacturing Sector’ (2022) 19(1) Indiana Health Law Review 217–247 Abstract: While novel viruses such as SARS-CoV-2 and H1N1 have caused extreme economic hardships and widespread morbidity, communicable diseases have also been doing so for decades. Nevertheless, many private employers outside the healthcare industry have never implemented mandatory vaccination policies.7 While there are multiple reasons employers may refuse to enact such policies,8 fearing legal action under Title VII of the Civil Rights Act of 1964 (‘Title VII’) is among the most prevalent. This Note will analyze the legal ramifications Title VII has on employer mandated vaccination policies, specifically focusing on the manufacturing sector. Section II provides relevant background information for vaccine mandates in the industry. Section III analyzes Title VII, including the different claims employees have under the statute and certain affirmative defenses available to employers. Section IV then applies reasonable accommodation and undue hardship to the manufacturing sector. Section V provides certain factors manufacturers should consider when determining whether a vaccine mandate is the best option for their facility. Finally, Section VI concludes that, with guaranteed exceptions, Title VII poses little legal threat to mandatory vaccination policies in the manufacturing sector.
Volosevici, Dana, 'Brief Considerations on Telework during Pandemic' (2020) 7(1) Jus et Civitas: A Journal of Social and Legal Studies 109-116 Abstract: The COVID-19 pandemic has caused an unprecedented health and economic crisis worldwide and at this date it is still too early to have the complete picture of the consequences. Employers were forced to implement efficient measures to contain and mitigate the virus, while maintaining economic activity. In many European countries, authorities imposed or at least urged the employers to telework, in order to ensure the employees' health protection. The paper addresses some aspects of teleworking, inviting to further developments.
Wahab, Harlida Abdul, Nor Anita Abdullah and Asmar Abdul Rahim, ‘Working Conditions of the Frontline Healthcare Workers in the Covid-19 Pandemic from a Legal Viewpoint’ (2021) 6(22) International Journal of Law, Government and Communication 109-119Jurisdiction: Malaysia
Abstract: The outbreak of the COVID-19 pandemic has posed a major and unprecedented challenge to countries around the world. Other than threatening public health, economic and social livelihood, and wellbeing, it causes a significant impact on the healthcare industry and the workers. Healthcare is an essential service that is paramount where its interruption would endanger the life, health, and safety of all citizens, particularly during this pandemic. Also, the healthcare industry is one of the most hazardous environments to work in while healthcare workers are the most valuable resource who are exposed to occupational risks, in particular, hazards of infectious risks. This paper aims to look at the legal protections regarding the working conditions of the frontline healthcare workers during the pandemic of COVID-19. Using a doctrinal method, specific references are made to the Occupational Safety and Health Act 1994, and relevant policies/guidelines issued by the Ministry of Health and the Ministry of Human Resources. It is understood that the working conditions of the frontline healthcare workers are entirely protected by the legislation and guided through the policies and guidelines that are generally aligned with the international standards. Hence, the law and policy devices are found to be safeguarding the healthcare workers from physical and biological hazards, as well as psychological and physiological wellbeing that become part of the working conditions of the healthcare workers.
Wahab, Harlida Abdul, Siti Suraya Abd Razak and Nik Ahmad Kamal Nik Mahmod, ‘Legal Issues of Working From Home Amid the Covid-19 Pandemic in Malaysia’ (2022) 13(2) UUM Journal of Legal Studies 163–186 Abstract: Flexible work arrangements are common during the COVID-19 pandemic as a result of the movement restriction and the closure of the economic sector. Among the flexibility practices is the implementation of remote working, in particular, working from home (WFH) where employees are physically working outside and remote from their organisations. The mandated WFH has changed the working scenario without confirming whether employers and employees are prepared for this new norm. However, the WFH arrangement requires legal consideration as its arrangement needed a legal predicament. The concern over WFH must be addressed on the grounds of managerial rights and boundaries besides determining the rights of employees while working remotely. From the legal viewpoint, there is a question of whether the existing labour law in Malaysia is accommodating to the WFH practice. Hence, this paper aims to examine the employment-related matters concerning WFH practice in Malaysia on employment terms like wages and leaves, matters on safety and health, social security, and confidentiality and security of information. This study applied a doctrinal approach using authoritative legal texts in solving the legal problems that arise from WFH. The analysis of legal provisions and case studies were employed to present the benefits of the employment relationship and industrial relations in the changing employment landscape and work culture linked to WFH.
Wahyuningsih, Sri Endah and Jarot Jati Bagus Suseno, ‘The Urgence of Regulation of Foreign Workers in Law Number 11 Of 2020 Concerning Work Creation in the Time of the Covid-19 Pandemic’ (2022) 4(4) The 4th Legal Internasional Conference and Studies_ _Abstract: The rate of entry of Foreign Workers in Indonesia during the current pandemic is very concerning, this is due to the consequences for the health of Indonesian citizens during the current Covid 19 period. This situation is made more complicated by the unregulated supervision and restrictions on the use of foreign workers in this country. This writing aims to analyze the problem of the absence of restrictions and supervision of foreign workers during the Covid 19 period in Indonesia today. The method used is normative juridical. Based on the study conducted, it was found that the political implementation of the use of foreign workers has not been able to achieve justice, this is because the legal politics of the use of foreign workers has resulted in reduced job opportunities for domestic workers which in turn resulted in unemployment and poverty problems. The weaknesses in the implementation of the politics of using foreign workers are the shortcomings in the form of time limits and the amount of use of foreign workers is not clearly regulated in the politics of foreign labor law in Indonesia, then the weakness in the case of dualism in work permits for foreigners in Law no. 13 of 2003 and Law no. 6 of 2011. The supervision of foreign workers in the Employment Creation Law is not fully regulated, this results in an unstoppable rate of foreign workers so that it has an economic impact on TKI and health impacts for the local community.
Wakhyuni, Emi, Siti Nurhayati and Abdi Setiawan, ‘Analysis of Wages and Severance Pay During the Covid-19 Pandemic Reviewed from Labor Law’ (2022) 3(3) Ilomata International Journal of Management 319–336 Abstract: The Corona Virus Disease 2019 pandemic was first discovered in the city of Wuhan, China at the end of December 2019. This virus spreads very quickly and has spread to almost all countries, including Indonesia. As a result of the spread of the Corona virus, it has a negative impact on several sectors such as the economic sector, business, tourism, industry, health and so on. The tourism sector has been hit hard by the Covid-19 pandemic. Until now, almost all tourist destinations in Indonesia are closed. This is a very difficult condition, in Indonesia almost all tourist destinations, hotels, facilities, and entertainment are closed and are only allowed for 50% of visitors based on Government recommendations. The Karo Regency Government is also facing the same problem, one of the sectors that is relied upon to support Karo Regencys Original Regional Revenue (PAD) is from the tourism sector, and Brasatagi Subdistrict is one of the sub-districts that is the mainstay of the tourism sector in Karo Regency. Speaking of the tourism sector, the industry that is most closely related is Hotels and Restaurants. Throughout 2020 until mid-2021, the hotel occupancy rate in the Brastagi District fell by almost 90%. The very significant decline in the level of tourist visits, hotel occupancy and restaurant visitors in Brastagi District has caused entrepreneurs of tourist sites, hotels and restaurants to suffer huge losses. Employers are no longer able to cover all operational costs, including the cost of wages for workers. This forces employers to rearrange their working hours and calculate the number of workers that they still allow them to employ. Some of this is done by applying alternate vacations or leave to their employees, some of them who are no longer able to survive, are forced to lay off temporarily, cut wages. or terminate the employment of its employees. The findings in this study are that employers are still required to pay wages in full in the form of basic wages and fixed allowances as long as workers are laid off during the COVID-19 pandemic and are required to provide severance pay for workers who have been laid off in accordance with Article 156 of Law No. 2003 concerning Manpower and the Ninth Part, Article 37 concerning Payment of Wages in a State of Bankruptcy in the Government Regulation concerning Wages no. 78 of 2015.
Wang, Ying et al, ‘Legal Considerations for Processing Employees’ Pandemic-Related Personal Information in China’ (2022) 47(7) Employee Relations Law Journal 46–49 Abstract: It has been almost two years since the unprecedented outbreak of COVID-19 pandemic. We have been learning to live with the pandemic, whether we like it or not. In China, companies are responsible for pandemic prevention and control. Therefore, it is inevitable for employers to process their employees’ pandemic-related personal information (‘PI’). With the Personal Information Protection Law (‘PIPL’) having taken effect on November 1, 2021, this article discusses how to process employees’ PI in compliance with the law during the pandemic.
Wijaya, Mustika Mega et al, ‘Juridical Review Legal Protection of Workers Affected of Termination of Employment (PHK) Due to the Covid-19 Pandemi Viewed from the Perspective of Labor Law (Act No. 13 of 2003 Concerning Labor)’ (2023) 10(2) International Journal of Multicultural and Multireligious Understanding 460–468 Abstract: Labor problems are a problem that is often heard. One of these problems is Termination of Employment by companies in Indonesia. Law Number 13 of 2003 concerning Manpower aims to provide protection for workers so that they are not treated arbitrarily, as well as to guarantee certainty and a peaceful life for workers. This rapid spread caused the Government of Indonesia to issue a policy in the form of Government Regulation Number 21 of 2020 concerning Large-Scale Social Restrictions to Accelerate the Handling of Covid-19 (hereinafter referred to as PP Number 21 of 2020). With PP Number 21 of 2020, the Indonesian Government through the Ministry of Health implemented Large-Scale Social Restrictions (PSBB). Given the current conditions, namely the occurrence of layoffs as a result of the Covid-19 pandemic, you can then refer to SE Number M/3/HK.04/III/2020 Concerning Worker/Labor Protection and Business Continuity in the Context of Prevention and Management of Covid-19. Although basically this circular letter is only an appeal, basically in order to guarantee its implementation and provide protection for laid off workers/laborers, the emphasis is on an agreement between employers and workers/laborers. This agreement is very important because in the conditions of the Covid-19 pandemic, both employers and workers/labourers are victims. Two-way communication is needed between employers and workers/labourers. This is very important to do because the Covid-19 pandemic is very detrimental to both parties.
Wiley, Lindsay F and Samuel R Bagenstos, ‘The Personal Responsibility Pandemic: Centering Solidarity in Public Health and Employment Law’ Arizona State Law Journal (forthcoming) Abstract: The personal responsibility ethos that has driven the US response to the coronavirus pandemic has been ineffective, atomizing, and unjust. Restrictions on public services and private activities have disproportionately burdened people living in low-income households, people with disabilities, people of color, and women. At the same time, the severe illnesses and deaths that have continued to occur in spite of public health responses have been disproportionately concentrated among people of color, disabled people, and low-wage workers. This paper argues that fundamentally individualistic employment and antidiscrimination laws have undermined—rather than supported—disempowered workers’ ability to protect themselves and others. The law has failed to protect people who live and work in congregate institutions (including nursing homes, prisons, jails, detention facilities, factories, and warehouses . . . and, perhaps soon, schools) and thus has failed to protect the broader communities with which these institutions are interconnected. Together, public health and employment laws have put the onus on individuals to adopt protective behaviors without providing them with the supports, accommodations, and protections they need to do so. We identify three key areas for reform to ensure more effective and just pandemic response—for this pandemic and the next one—built on a core commitment to social solidarity in public health law and employment and antidiscrimination law. First, public health law should prioritize supports that create the conditions required mitigate the spread of infection over punitive measures targeting individuals. Second, employment law should protect workers from infection, including through workplace safety, privacy, and antidiscrimination protections that enable them to adopt protective health behaviors. Third, for individuals for whom returning to work would be especially unsafe—whether because their employers maintain particularly dangerous conditions or because of their own, or their family members’, underlying health conditions—employment law should remove any obligation to return to work while the special dangers associated with the pandemic persist. In addition to making concrete proposals for reform, our argument contributes to the academic literature in both public health and employment law. First, we show that a broad vision of public health law that encompasses action on the social determinants of health in ‘non-health’ sectors such as employment and antidiscrimination law is not only tenable, but essential. The US experience with the coronavirus pandemic puts the final nail in the coffin of the ‘old’ public health, which its cramped focus on microbial and behavioral interventions. Second, we bring to the foreground an additional justification for employment and antidiscrimination law—to promote solidarity by ensuring that the burdens and benefits of measures that serve the public as a whole are shared equitably. Social solidarity may offer a useful way of understanding the application of these bodies of law in other health-related contexts as well, such as genetic discrimination and workplace injuries. Third, we show that the attribution of fault and responsibility is a persistent obsession of employment and antidiscrimination law. These points should be of broad interest to employment and public health law scholars alike.
Wilks, Stephen, ‘Disturbing the Modern Plantation: How COVID-19 Is Reinforcing the Food Supply Chain’s Function as a Social Sorting Tool’ (2021) 30(3) Cornell Journal of Law and Public Policy 539–585 Abstract: This paper captures the plight of workers within the U.S. food supply chain. It describes the zero-sum thinking in our social discourse about the food and agricultural workers well call heroes. This thinking presumes the miseries of their marginalization as essential workers are somehow essential to society’s survival and that we use the language as a self- soothing device to put moral distance between ourselves and those our dependencies actively marginalize. The discussion begins by canvassing statistical data outlining the structure and composition of this workforce as well as the nature of their working conditions. It examines how the impeachment fight and China’s trade war with China factored in the slow U.S. response to the pandemic before chronicling covid19’s immediate impacts – all of which produce dramatic supply chain disruptions. The paper links these disruptions to law’s role in narrowly limiting the autonomy of workers inside the food supply chain while giving license to anti-lockdown protests. The paper culminates in an argument about heroism’s role in glossing over these disparate treatments of autonomy as a kind of balm that both essentializes and ignores oppression.
Will, Jennifer, ‘The Case for the “No-Collar” Exemption: Eliminating Employer-Imposed Office Hours for Overworked, Remote-Ready Workers’ (2022) 15 University of St. Thomas Journal of Law and Public Policy (forthcoming) Abstract: The conventional 40-hour workweek has been a fixture of the American workplace for almost a century. Standard working hours of nine-to-five, Monday-to-Friday, are customary even for workers exempted from overtime under the federal Fair Labor Standards Act of 1938 (FLSA). But the traditional 40-hour workweek is no longer a fit for the modern family or the modern worker. It is time for its demise. In the decades since passage of the FLSA, the influx of women in the workforce and the growth of exempt knowledge work have rendered the traditional 40-hour workweek both needlessly restrictive, in the case of work-life conflict, and effectively meaningless, in the case of the information age worker who labors 24/7. The recent revolution in remote work, precipitated by the COVID-19 pandemic, auspiciously permits a new approach to working hours, especially for exempt, ‘remote-ready’ workers—that is, white-collar workers engaged in cognitive labor, who have the proven capacity to work offsite. Where exempt, remote-ready workers are already widely expected to work outside of so-called office hours, they should not be beholden to keep regular office hours, too. We should release them from the false confines of nine-to-five, for more fluid integration of work and life. By amending the FLSA regulations to make scheduling freedom a condition of white-collar exemption, and restricting employers from setting hours of work for this cohort, we could productively disrupt the outdated workweek for all.
Williams, Colin, ‘COVID-19’s Impact on Enforcement Authorities’ Work and Priorities’ (SSRN Scholarly Paper No 4066691, 1 October 2021) Abstract: The eleventh meeting in plenary of the European Platform tackling undeclared work (the Platform) was held in Bratislava on 21-22 October 2021 as a hybrid meeting both onsite as well as online. The first day of this meeting was a thematic day dedicated to examining COVID-19’s impact on enforcement authorities’ work and priorities. This report summarises the presentations and discussions at the thematic day. The first section reports the presentations in the opening session setting the scene and addressing the changes in the labour market and the operations of enforcement authorities. The second section reports discussion of the lessons learned from the COVID-19 pandemic for the organisation of inspections, including a workshop on the use of alternative types of inspection to the physical inspection to detect and prevent undeclared work as well as a parallel workshop on changes in the planning and conduct of physical workplace inspections to detect and prevent undeclared work. The third section then reports discussion of the lessons learned from the COVID-19 pandemic for the organisation of inspectorates, covering both a workshop on changes in ways inspectorates operate when tackling undeclared work and the new skills and competencies required by inspectorates, as well as a parallel workshop on teleworking and other changes in the world of work and their implications for inspectorates. The fourth and final section summarises the key learning outcomes in terms of the practical recommendations on the way forward.
Williams, J Corey et al, ‘Reopening the United States: Black and Hispanic Workers Are Essential and Expendable Again’ (2020) 110(10) American Journal of Public Health 1506–1508 Introduction: By May 15, 2020, all 50 states had announced plans to reopen their economies. These plans emerged on the heels of an increasing awareness that COVID-19 had hit minority communities particularly hard, especially Black communities. Despite constituting only 13% of the US population, Blacks have made up 24% of the deaths from COVID-19 nationally, rendering them at least twice as likely to die from COVID-19 than are other groups. A recent survey from Johns Hopkins University and the American Community Survey indicated that the death rate for predominantly Black counties is sixfold higher than the rate in predominantly White counties. The disproportionate impact of COVID-19 on minority communities has been partly attributed to the racial composition of the workers in economic sectors deemed essential, including home health care, nursing homes, and community food and housing services. In these sectors, where employees are likely to come into contact with COVID-19 (i.e., high-contact jobs), Blacks and Hispanics are more likely to be employed than are Whites. Data from a recent McKinsey Report2 show examples from critical economic sectors where the laborers are predominantly people of color. For example, in jobs such as psychiatric aid, nursing assistant, and orderly, Blacks make up more than twice their relative proportion of the broader US population (i.e., 13%). Because it is difficult for these jobs to be performed remotely, racial minorities have shouldered more than their share of essential labor during the COVID-19 pandemic, and their communities have been disparately endangered as a result.
Williamson, Sue, Linda Colley and Sally Hanna-Osborne, ‘Will Working from Home Become the “new Normal” in the Public Sector?’ (2020) 79(4) Australian Journal of Public Administration 601–607 Abstract: The COVID-19 pandemic compelled large sections of the workforce out of their workplaces and into their homes to work. Many commentators suggest this has forever changed how and where we work. This article analyses how Australia’s biggest employers - state and federal governments - approached the transitions to working from home, and back into regular workplaces. It considers the timing of policy responses to the pandemic as one indicator of resistance to, or acceptance of, widespread working from home. The article also demonstrates previous resistance to working from home for public servants, and questions widespread conjecture that it will become the ‘new normal’.
Williamson, Sue, Helen Taylor and Vindhya Weeratunga, ‘Working from Home during COVID-19: What Does This Mean for the Ideal Worker Norm?’ (2024) 31(2) Gender, Work & Organization 456–471 Abstract: The ideal worker norm is associated with specific ways of working. The ideal worker is a man who works long hours, is constantly available, and highly productive. Emerging research suggests that the shock of COVID-19, which forced millions of employees to work from home, may have been powerful enough to disrupt the ideal worker norm. We therefore ask: how did working from home during the pandemic impact the ideal worker norm? We apply Acker’s ideal worker norm to determine whether different groups of women employees who worked from home during the pandemic worked in ways which aligned to the norm. We conduct this analysis through the lens of two modalities of time: being clock time and (feminine) process time. Our examination of how employees experienced time extends existing, yet limited, research focused on time use during the pandemic. We used a mixed-method design to analyze survey data from almost 5000 Australian employees to show that significant proportions of women, women carers, and disabled women worked in a manner aligned more to the ideal worker norm, compared with pre-COVID times. We therefore conclude that a multidimensional ideal worker is emerging and one which works to both clock time and process time. This is an important finding as we seek to better understand how employees can work in a hybrid environment and what this means for organizations and employees.
Wilson, Claire, ‘Manage the Risks of a Fire and Rehire Strategy’ (2020) 213(September) Employment Law Journal 31–37 Abstract: Highlights the risks for employers who elect to ‘fire and rehire’ employees on new employment terms and conditions, instead of making them redundant following the expiry of the Coronavirus Job Retention Scheme. Offers advice on how employers can make changes to terms and conditions safely, and persuade employees to agree to the changes. Notes other ways in which employers might seeks to reduce costs without relying on dismissal and re-engagement.
Winlo, Camilla and Hannah Jackson, ‘Additional Security Risks Arising from Home Working’ (2020) 110(July) Privacy Laws & Business United Kingdom Newsletter 8–9 Abstract: Highlights additional measures which employers might wish to adopt, in light of the coronavirus pandemic, to guarantee data security and privacy as employees work from home more regularly. Sets out steps which organisations can take to mitigate the risks posed by remote working. Notes the changing regulatory approach of Information Commissioner’s Office.
Wiryawan, I Wayan Gde, Lis Julianti and Emmy Febriani Thalib, ‘Legal Protection for Company Employees Who Are Under Self-Isolation Caused by Covid-19 Infection in Indonesia’ (2022) 2(1) Journal Equity of Law and Governance 24–30 Abstract: This study aimed at analyzing regulations concerning legal protection for employees who are under self-isolation caused by Covid-19 infection. Moreover, there is the latest regulation concerning Protection and Business Continuity of Workers/Manpower related to prevention and control of Covid-19 Pandemic. This is a juridical-normative study with a statutory approach. The finding of this study showed that the legal protection scheme on the employees under self-isolation in a company affected by Covid-19 has been regulated in some Government Regulations. Therefore, principally the business owner should give wages fully to the employees as well as providing sick leave base on the established regulations.
Wiwoho, Jamal et al, ‘Legal Protection of Health Care Workers Regarding Workplace Violence During Pandemic COVID-19’ (2023) 4(1) Journal of Law and Legal Reform 73–92 Abstract: Work place violence against health care workers has happened in all over the world and begun to be a global phenomenon. Due to COVID-19 pandemic, violence against health care workers increase rapidly. This was caused by many factors and unfortunately, health care workers feel helpless when this happened. Therefore, legal protection towards health care workers in case of work place violence is needed. In Indonesia legal system, there are some law and regulations that regulated protection of health care workers. Health care workers basically will be protected by law when they carry on their duty and any violence that was made toward them during their work can be prosecuted. Beside of protection by the law, both of Government and Health Institution need to make a prevention scheme to decrease work place violence toward health care workers.
Wong, Patrick et al, ‘COVID-19 Pandemic: Ethical and Legal Aspects of Inadequate Quantity and Quality of Personal Protective Equipment for Resuscitation’ (2021) 74(1) Korean Journal of Anesthesiology 73–75 Extract: The legal duty to ensure that ‘safety is reasonably practicable’ is open to interpretation. If employers breach their duty of providing adequate PPE (in appropriate quantity and quality), they may be liable to prosecution depending on local regulations. Furthermore, negative publicity and legal risk may ensue [9]. On the other hand, disadvantages of non-disclosure include the inability to conduct investigations and provide treatment (e.g., counselling and isolation), risk of further transmission, and potential harm (e.g., COVID-19) [9]. To balance this, ‘disclosure should be the norm, even when the probability of harm is extremely low’.
Wright, Katharine AM, Toni Haastrup and Roberta Guerrina, ‘Equalities in Freefall? Ontological Insecurity and the Long‐term Impact of COVID‐19 in the Academy’ (2021) 28 (S1) Gender, Work & Organization 163–167 Abstract: This intervention focuses on the impact of the global crisis resulting from the COVID‐19 pandemic on existing racialized and gendered inequalities within the academy and in particular our discipline of Politics and International Relations. We argue that responses to recent crises within the academy have exacerbated ontological insecurity among minoritized groups, including women. When coupled with increased caring responsibilities, the current crises call into question who can be creative and innovative, necessary conditions for knowledge production. While university managers seek to reassure university staff of the temporary nature of COVID‐19 interventions, we argue that the possibilities for progressive leaps at a later state of institutional regeneration is unlikely when efforts to address structural inequalities are sidelined and crisis responses are undertaken which run counter to such work.
Wrigley, Jaklyn, ‘Impact of the Families First Coronavirus Response Act’ (2020) 67(3) Mississippi Lawyer 31–33
Yaroshenko, Oleg M et al, ‘COVID-19, the Global Financial Crisis, and the Regulation of Labor Migration’ (2022) 50(3) International Journal of Legal Information 121–132 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.
Yaroshenko, Oleg M et al, ‘Current Problems of Legal Regulation of Remote Work in the Context of the Introduction of Restrictive Measures Caused by the Spread of Covid-19 in Ukraine and the EU’ (2022) 1(34) Relações Internacionais No Mundo Atual 1–16 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.
Yearby, Ruqaiijah, ‘Protecting Workers That Provide Essential Services’ in Scott Burris et al (eds), Assessing Legal Responses to COVID-19 (Public Health Law Watch, 2020) 193–198 Abstract: States and localities, which retain the right to protect the health and safety of their citizens, have designated more than 55 million Americans as ‘essential workers’ during the COVID-19 pandemic. Most essential workers are employed in health care (30%) and in food and agricultural (21%) (McNicholas & Poydock, 2020). A majority (76%) of all essential health care workers are women, while half of all essential food and agricultural workers are racial and ethnic minorities. Consequently, many women and racial and ethnic minorities are unable to shelter at home or socially distance themselves because they are deemed ‘essential workers’ (Yearby & Mohapatra, 2020). Even though these workers are deemed ‘essential workers,’ they have not been provided with the employment and safety protections (e.g., paid sick leave, health insurance, and workers’ compensation) that are essential to keeping them and their families healthy and safe. To address the lack of economic protections, which is discussed in more detail in Chapter 28, essential workers should be provided with a guaranteed basic income, paid sick leave, health insurance coverage, and survivorship benefits regardless of their worker and/or immigration status (Yearby & Mohapatra, 2020). To keep workers from being killed or otherwise harmed at work, the government (federal and state) must issue mandatory health and safety laws and regulations that are aggressively enforced to prevent workplace COVID-19 infections and deaths. Finally, to ensure that essential workers and their families do not suffer financially if they contract COVID-19, the government (federal and state) and businesses should be financially responsible for the harm caused as a result of a worker’s COVID-19 infection or death.
Yearby, Ruqaiijah and Seema Mohapatra, ‘Structural Discrimination In COVID-19 Workplace Protections’ (Saint Louis University Legal Studies Research Paper No 2020–09, 29 May 2020) Abstract: Workers, who are being asked to risk their health by working outside their homes during the COVID-19 pandemic, need adequate hazard compensation, safe workplace conditions, and personal protective equipment (PPE). Sadly, this is not happening for many essential workers, such as those working in home health care and in the meat processing industry. These workers are not only being unnecessarily exposed to the virus, but they are also not receiving paid sick leave, unemployment benefits, and affordable health care and childcare. The lack of these protections is due to structural discrimination and has disproportionately disadvantaged women of color and low-wage workers. This leaves them and their families more vulnerable to COVID-19 infection and death. In this context, structural discrimination refers to the ways in which laws are used to advantage those in power, while disadvantaging powerless workers. In the COVID-19 pandemic, the lack of legal protections for many workers is a reflection of structural discrimination.
Yi̇ği̇t, Yusuf, ‘Evaluation of Emerging Working Conditions Following Mandatory Labor Law Changes Due to the New Coronavirus (COVID-19)’ [2020] (78) Istanbul Hukuk Mecmuasi 265–297 Abstract: Our study discusses the individual labor law measures that have been taken and their effect on working life. Potential problems are addressed due to the outbreak of the new coronavirus (COVID-19). The main effect of compulsory and challenging changes to working life is the danger of redundancies and unemployment, as the production of goods and services shrinks significantly. Although some labor legislation measures have been designed to decrease the negative effects of the crisis, they are subject to certain conditions, and not every employee can benefit from this. The adverse effects of the COVID-19 pandemic on the economy cannot be eliminated and except for the short-time working allowance (although conditions have been alleviated) due to the temporary legislative regulations introduced (although conditions have been alleviated) cash fee support to those who cannot benefit from this payment has been given. In this situation, the employer has the right to suspend labor contracts unilaterally for three months for compelling reasons, therefore the right to terminate employment was restricted, and employers were banned from terminating employment contracts except for ethical and good conduct.
Yildirim, T Murat and Hande Eslen‐Ziya, ‘The Differential Impact of COVID‐19 on the Work Conditions of Women and Men Academics during the Lockdown’ (2021) 28 Gender, Work & Organization 243–249 Abstract: That the COVID‐19 pandemic has affected the work conditions of large segments of society is in no doubt. A growing body of journalistic accounts raised the possibility that the lockdown caused by the pandemic has affected women and men in different ways, due mostly to the traditionally gendered division of labour in society. We attempt to test this oft‐cited argument by conducting an original survey with nearly 200 academics. Specifically, we explore the extent to which the effect of the lockdown on childcare, housework and home‐office environment varies across women and men. Our results show that a number of factors are associated with the effect of the lockdown on the work conditions of academics at home, including gender, having children, perceived threat from COVID‐19 and satisfaction with the work environment. We also show that having children disproportionately affects women in terms of the amount of housework during the lockdown.
Young Ran (Christine) Kim, ‘Taxing Teleworkers’ (2021) 55(2) U.C. Davis Law Review 1149–1226 Abstract: Since COVID-19 has forced many governments to restrict travel and impose quarantine requirements, telework has become a way of life. The shift towards teleworking is raising tax concerns for workers who work for employers located in another state than where they live. Most source states where these employers are located could not have taxed income of out-of-state teleworkers under the pre-pandemic tax rules. However, several source states have unilaterally extended their sourcing rule on these teleworkers, resulting in unwarranted risk of double taxation -- once by the residence state and again by the source state. At this time, there is no uniform guideline by state or federal governments. Recently, New Hampshire, supported by fourteen other states, asked the U.S. Supreme Court to exercise its original jurisdiction challenging Massachusetts’ telecommuting taxes of non-resident teleworkers. Tax commentators believed this case would be one of the most significant tax decisions in recent years, but the Supreme Court declined to hear it. New Jersey also opposes New York’s long-standing telecommuting taxes under the ‘convenience of the employer’ rule. This Article examines the constitutional challenges of maintaining pre-pandemic work arrangements for tax purposes, arguing that a source state’s extraterritorial assertion to tax non-resident teleworkers’ income likely violates the Dormant Commerce and Due Process Clauses. Also, this Article finds the Supreme Court’s decision not to exercise original jurisdiction dissatisfying in light of the substantial increase in remote work. The problem of taxing teleworkers is not temporary because the pandemic drastically reshaped where and how people work. Recognizing the need for a uniform long-term solution, this Article argues Congress should enact federal law to pre-empt conflicting state law positions and enforce the primacy of residence-based taxation on teleworkers’ income. This proposal would reduce the impact various source states’ tax laws have on interstate commerce, preserve due process, and bolster policy rationales, such as taxpayers’ choice in where they reside and pay taxes as their social obligation to the community.
Yun, Aelim, ‘When Precarity Encounters COVID-19: A Critical Analysis of Korean Policy Responses’ (2022) 38(4) Journal of Comparative Labour Law and Industrial Relations 487–503 Abstract: In the acute phase of the COVID-19 pandemic, Korea was considered a successful case of containment of infection. However, the employment protection response has not been as successful as the health response. Although the Korean Government has taken unprecedented fiscal measures, the hardest-hit groups including workers in non-standard employment are still the least protected. The pandemic has found countries with widespread precarious employment at their most vulnerable. Since the 1997 Asian financial crisis, the Government has promoted the deregulation of capital and the flexibilization of labour, with precarious work becoming ‘normal’. COVID-19 shows that workers excluded from labour protection before the crisis are the most vulnerable in the current crisis. Dependent contractors are not protected from termination of contract or loss of income, while employees in a comparable situation may be supported by job retention schemes and unemployment benefits. This means employers using dependent contractors can avoid employer liability in a normal situation as well as in times of crisis. While the Government attempts to expand unemployment insurance to certain groups of dependent contractors, debates over who should bear the financial burden are underway. Employers refuse to contribute to unemployment insurance for dependent contractors, arguing that they are not the employers of these workers. This article analyses how flexibilization in Korea has affected vulnerability and the segmentation of labour protection. It argues that the ‘protection gap’ among workers resulted from political choices and the strategy of capital to transfer cost-and-risks onto workers and society as a whole. These pre-pandemic political choices undermine the chances of a fair recovery. This article argues that establishing employer responsibility is essential for a human-centred recovery.
Zatz, Clifford J, ‘Employers Owe No Duty to Prevent “Take-Home” COVID-19, California Supreme Court Holds’ (2023) 49(3) Employee Relations Law Journal 24–27 Abstract: California employers will not face tort liability to employees’ household members who contract COVID-19, the California Supreme Court has ruled. Answering questions certified by the U.S. Court of Appeals for the Ninth Circuit, and declining to follow its ruling in ‘take-home’ asbestos cases, the court in Kuciemba v. Victory Woodworks, Inc., held that ‘recognizing a duty of care to nonemployees in this context would impose an intolerable burden on employers and society in contravention of public policy.’ California thus becomes the first state to reject, at the highest court level, the potentially limitless liability for negligence based on employee transmission of the coronavirus.
Zembrzuski, Tadeusz, ‘Epidemic-Related Protection of the Indebted Employee, and the Impact on Circumstances of the Entrepreneur Employer Regarding Salary Attachment’ in Edyta Hadrowicz (ed), Polish Entrepreneurial Law in the Era of the COVID-19 Pandemic: Problems and Challenges (Springer, 2024) 123–136 Abstract: The right to collect debt effectively in judicial enforcement proceedings has been significantly curtailed during the COVID-19 epidemic. Outcomes of reducing employees’ livelihood income have been temporarily moderated by increasing the garnishment-exempt amount. Not only does this regulation have significant influence over the debtor’s (employee’s) procedural circumstances—it also indirectly affects businesses (entrepreneurs) who are also employers, i.e. entities obliged to provide benefits to the enforcement debtor. Legal provisions have opened up the regulation wide to potential abuse in application, encouraging dishonest and disloyal behaviour and fuelling claimant attitudes. They clearly boost and favour the debtor’s procedural position at the expense of creditor rights. The statutory mechanism does not differentiate between individual debtors, failing to account for confirmed family or asset property circumstances. It further undermines the assumption that enforcement proceedings under civil law should serve the purpose of securing efficiency and true effectiveness of benefits arising from final judicial rulings. Procedural regulations ought to be assessed in view of values underpinning the principle of proportionality, and the related need to ensure equality for all participants in legal proceedings.
Zhang, Alex, ‘Pandemics, Paid Sick Leaves, and Tax Institutions’ (SSRN Scholarly Paper ID 3729500, 20 July 2020) Abstract: The COVID-19 pandemic is currently ravaging the world, and the United States has been largely unsuccessful at containing the coronavirus. One long-standing policy failure stands out as having exacerbated the pandemic in our country: the lack of a national mandate of paid sick leaves, without which workers face financial and workplace-cultural pressures to attend work while sick, thus spreading the virus to their fellow employees and the public at large.This Article provides the blueprint for a national, subsidized mandate of paid sick leaves and two additional insights about our tax institutions as mechanisms of effectuating broader societal goals. It first justifies a paid-sick-leave mandate on the grounds of market failures (both cognitive biases and externalities) and workplace equality. It also argues for the need of subsidies in order to protect lower-income workers from unemployment risks imposed by a national mandate. Second, the Article critically assesses the current federal legislative approach utilized in the Families First Coronavirus Response Act (FFCRA). The Article then proposes designing a national employer mandate of paid sick leaves funded by general-revenue business tax credits and providing partial wage replacement.This Article’s discussion of paid sick leaves yields two insights about our tax institutions. First, it questions the role of payroll taxes, which are highly regressive, impose burdens almost exclusively on labor, and are normatively unjustified when the spending funded by payroll taxes benefits the broader non-wage-earning public. Second, the Article reveals the malleability of tax institutions with respect to funding, administrability, and costs. These comparative advantages of tax institutions make them perennially popular in times of crisis. :
Zulkarnaen, Ahmad Hunaeni, ‘Settlement of Termination of Employment Due to the Impact of the Covid-19 Pandemic Based on the Legal System in Indonesia’ (2021) 5(10) American Journal of Humanities and Social Sciences Research 138–147 Abstract: The Confederation of Indonesian Trade Unions (KSPI) has recorded approximately 50,000 (Fifty Thousand) workers/laborers laid off since the beginning of 2021 due to the impact of the Covid-19 Pandemic. Therefore, the authors researched this problem. This study aims to analyze the process of resolving layoffs due to the effects of the Covid-19 Pandemic following Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement (UUPPHI) based on Pancasila theories of justice aspects of legal change. This article concludes that layoffs are one type of industrial relations dispute regulated in Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement (UUPPHI); there are 2 (two) categories of causes for layoffs, violations of the law, or absence of law violations. The Covid-19 pandemic does not include layoffs in the category of legal breaches, layoffs due to the Covid-19 pandemic an effort to prevent companies from losing money or closing, however layoffs for any cause must be stopped, employers, workers/laborers, trade unions/labor unions with all their might and efforts must be made in order to avoid layoffs, for workers/labourers layoffs are the beginning of suffering, layoffs must be carried out in very forced conditions (force majeure) while still maintaining harmonious industrial relations (industrial peace), in the event that layoffs cannot be avoided, then the purpose of layoffs must be resolved by deliberation (bipartite), if the bipartite settlement is not successful, termination of employment can only be carried out after obtaining a determination from the Industrial Relations Dispute Settlement Agency (LPPHI) in accordance with UUPPHI accompanied by granting rights to workers/laborers in the form of working conditions, both normative (labor legislation) as well as terms of employment as regulated in Law Number 13 of 2003 concerning Manpower (UUK) and Law Number 11 of 2020 concerning Job Creation (UUCK) following aspects of legal change (Standard of conduct, as a tool of social engineering, as a tool of social of control, as a facility on human interaction) based on Pancasila Industrial Relations (HIP) and theories of justice (Distributive, Commutative, Utility, Protective) so that workers/laborers are laid off due to the Covid-19 pandemic in addition to receiving protection to obtain the working conditions as described above, as well as getting empowerment and utilization to have work competencies so that they can work for other companies or be able to do entrepreneurship independently.
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