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9. Labour legislation: the rights and obligations of workers

Lecture



Type of lesson: A lesson on forming new knowledge.

Teaching methods:

  1. A practical lesson with elements of discussion.
  2. Analysis of articles of the Constitution and the Labour Code of my country

Objectives:

Instructional: to introduce students to the rights and obligations of employees and employers, and to the features of resolving labour disputes by referring to the law of my state.

Developmental: to continue developing the ability to analyse, correlate, and compare information, identify the main point, establish cause-and-effect relationships, and give examples, and to improve the ability to work independently.

Educational: to form an emotional and personal attitude toward innovative technologies and to foster an active life stance. Students acquire the ability to listen, ask questions, and behave properly by applying knowledge of business etiquette, and rules of conduct in society are developed.

Equipment:

  • Whiteboard
  • Constitution, Labour Code, Computer

Form of organising learning activity in the lesson:

  • whole-class
  • individual

Motivation: the relevance of the lesson topic lies in broadening students' knowledge of the rights and obligations of employees and employers.

Expected results:

  • mastery of new material
  • increased interest in the profession, application

Course of the lesson

No.

Structural elements of the lesson

Teacher's activity

Students' activity

1

Organisational moment (2 min.)

Greeting

Prepare for the lesson

2

Announcing the topic and objective of the lesson

(3 min)

On the whiteboard: the name of the lesson topic.

Write it down in their notebooks

3

Review of material covered (5 min.)

Ongoing assessment in question-and-answer form.

Answer the questions

4

Preparing students for the active, conscious acquisition of new material and presenting the new material:

a) the rights and obligations of employees and employers.

b) analysis of an article of the Constitution of the Russian Federation and an article of the Labour Code of the Russian Federation (30 min)

Objective: to apply the provisions of articles of the Constitution and the Labour Code in resolving labour disputes

Analysis and commentary on the Constitution and the Labour Code

5

Reinforcing new knowledge

(3 min.)

Additions, clarifications, and announcement of grades.

Check the notes in their notebooks.

6

Assigning homework and instructions for completing it

(2 min)

Emphasise the purpose of the homework.

Notes.

Differences and similarities between a slave and a modern worker

Comparing slavery in ancient times with modern labour allows us to identify both similarities and significant differences between these two contexts:

Similarities:

  1. Dependence on the employer: Both in the case of slavery and in modern conditions, workers often depend on their employers to secure their livelihood.

  2. Possibility of exploitation: Both systems allow for the exploitation of workers. Under slavery, slaves were forcibly compelled to labour, and in some cases were treated as property. In modern society there is a risk of exploitation, such as low-paid work, long working days and insufficient social guarantees.

Differences:

  1. Personal freedom: Modern workers, in most cases, possess personal freedom and the right to choose their profession. Under slavery, slaves were deprived of this freedom and were effectively the property of their owners.

  2. Laws and rights: In modern societies there are laws and rights that protect workers' rights. Slaves under slavery had no such legal guarantees.

  3. Equality: Modern society is more oriented toward equality of rights and opportunities, although social and economic inequalities still exist today. Under slavery, slaves were an extremely oppressed and inferior category.

  4. Labour mobility: In modern society there is much greater labour mobility, meaning that people can change professions and jobs. Under slavery, slaves were usually bound to their status for life.

  5. Social and economic conditions: Economic and social conditions in modern society are diverse and changeable, whereas under slavery, slaves were usually in a state of constant dependence and exploitation.

Although there are certain similarities between slavery and modern labour, substantial differences in rights, freedom and legislation make these two contexts significantly different. Modern society strives to protect the rights and dignity of workers, although challenges in the area of labour and exploitation remain relevant.

Modern workers

Constitutional guarantees of employment can differ from country to country and depend on the political system, legal framework and social policy of each country. Here are a few examples of constitutional guarantees of employment in different countries:

  • France: The Constitution of France includes an article that guarantees the right to work. In addition, France has extensive laws and agreements regulating labour relations and providing social protection for workers.

  • India: The Constitution of India guarantees the "right to work" under Article 41. It recognizes the importance of ensuring equal opportunities for work and fair remuneration.

  • South Africa: The Constitution of South Africa guarantees the right to work, including the right to choose one's profession and occupation, as well as protection from discrimination in the workplace.

  • Brazil: The Constitution of Brazil establishes the right to work as one of the fundamental rights of citizens. It also contains provisions on maximum working load and the protection of workers' rights.

  • United States: The US has no constitutional guarantee of work, but there are federal and state laws regulating labour relations and ensuring workers' rights, such as the Minimum Wage Act and the Equal Employment Opportunity Act.

  • China: The Chinese Constitution also guarantees the right to work and establishes that Chinese citizens have the right to work and receive wages.

  • Germany: Germany's Constitution, or Basic Law, provides social guarantees, including the right to work and social protection. It also establishes the social state and the principles of social justice.

  • Ukraine: In Ukraine the Constitution guarantees the right to work. Article 43 of the Constitution of Ukraine sets out the basic rights and duties of workers. It also contains provisions on the minimum wage, protection of workers' rights, and the organization of trade unions.

  • Russia: The Constitution of the Russian Federation also guarantees the right to work and defines the basic rights and duties of citizens in the sphere of labour relations. In particular, Article 37 of the Constitution of Russia establishes the right to freely choose one's type of activity and profession.
  • Poland: The Polish Constitution guarantees the right to work and defines the rights and duties of workers. It also establishes the principles of social justice and protection of workers' rights.

Canada: In Canada the Constitution includes the Canadian Charter of Rights and Freedoms, which guarantees freedom of choice of profession and the right to equal pay for equal employment without discrimination. The main laws regulating labour relations are enacted at the provincial level.

Netherlands: The Constitution of the Netherlands (the Charter for the Kingdom) contains general principles of workers' rights, but more detailed labour legislation and policy are developed at the level of laws and government regulations

These are just a few examples, and every country may have its own unique constitutional guarantees and laws related to labour and employment. It is important to note that the implementation of these guarantees and their concrete embodiment in legislation and policy may differ depending on the political and economic factors in each country.

Labour legislation and workers' rights are important aspects of modern society, regulating relations between employers and employees and ensuring fairness and the protection of the interests of all parties.

Article 37 of the Constitution of the Russian Federation

Everyone has the right to work in conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination whatsoever and not below the minimum wage established by federal law, as well as the right to protection against unemployment.

Article 21 of the Labour Code of the Russian Federation

An employee has the right to realize their abilities for productive and creative work by concluding an employment contract with one or simultaneously with several enterprises, institutions and organizations, unless otherwise provided for by law, a collective agreement or an agreement between the parties.

The rights and obligations of workers are an important part of labour relations and are regulated by laws, collective agreements and corporate policies in each country. Below is a general overview of the main rights and obligations of employees:

  1. Employment contract: In most countries, concluding a written employment contract is mandatory. It contains the terms of employment, such as position, salary, working hours, and the rights and obligations of the parties.

  2. The right to work: Equality and non-discrimination: Workplace equality laws prohibit discrimination on the basis of sex, race, age, religion, disability and other characteristics. Employees have the right to equal opportunity and fair treatment. Employees have the right to access to work without discrimination on the basis of sex, age, race, religion and other factors.

  3. Wages and terms of pay: Labour legislation sets a minimum wage level, rules for the payment of wages and deductions, and also determines the terms of payment for overtime hours and holiday pay.

  4. Working time and rest: Laws limit working hours, require the granting of leave, and establish rules for breaks and days off.

  5. The right to safety and health: Employers are obliged to ensure safe and healthy working conditions, and employees have the right to information about risks and to protection from hazardous situations. Employers must ensure safe working conditions and provide personal protective equipment. Legislation also establishes standards for the prevention of workplace accidents.

  6. Dismissal and rights upon dismissal: Laws regulate dismissal procedures, including the provision of notice and compensation for dismissal without valid cause. Employees may also have the right to seek new employment and receive support in the event of dismissal.

  7. Trade union rights and collective bargaining: Employees have the right to join trade unions and participate in collective bargaining with employers to protect their interests and improve working conditions.

  8. Protection of the rights of pregnant women and families: Labour law provides protection for pregnant women and parents, including the right to maternity/parental leave and guarantees of reinstatement after the leave.

  9. Compliance with environmental protection rules: Laws may also establish standards and requirements for environmental protection in the workplace.

  10. Observance of the rights of foreign workers: Labour rights laws often extend to foreign workers, including undocumented migrants, to ensure their rights and fair treatment.

  11. Right to freedom of association: Workers have the right to unite in trade unions and collective organisations to protect their interests.

  12. Right to protection against dismissal: Workers have the right to protection against arbitrary dismissal and dismissal without lawful grounds.

  13. Right to social security: Workers may be entitled to social benefits, such as pensions, health insurance and unemployment benefits.

These principles and laws may differ from country to country and region to region, so it is important to become familiar with the specific norms and requirements of the labour legislation in force in your country or region in order to be informed about your rights and duties as a worker.

Duties of workers:

  1. Performance of work duties: Workers are required to perform their work duties conscientiously and with respect for the employer's interests.

  2. Compliance with safety rules: Workers are required to observe safety rules and procedures in the event of emergency situations.

  3. Compliance with working hours and discipline: Workers must observe the established working hours and schedules, and must also maintain discipline in the workplace.

  4. Compliance with corporate ethics: Workers are required to observe the rules and ethical standards of the organisation in which they work.

  5. Maintaining confidentiality: Workers may be required to maintain the confidentiality of information obtained in the course of their work.

  6. Compliance with environmental laws and regulations: Workers must comply with laws and standards relating to the environment if their activity is connected with this field.

These are the general principles of workers' rights and duties, and the specific details may vary depending on the country, region and industry. Workers and employers may also conclude collective agreements and arrangements that supplement and give concrete form to these rights and duties at the level of specific enterprises or industries.

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Terms: Fundamentals of job search, employment