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.
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.
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, 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.
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.
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
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.
‘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.
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.
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.
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."
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, ‘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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
‘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.
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.
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.
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 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.
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.
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.
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.
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
Ewing, KD and Lord Hendy, ‘Covid-19 and the Failure of Labour Law: Part 1’ (2020) 49(4) Industrial Law Journal 497–538 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
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.
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.
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 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 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.
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.
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.
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.
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.
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.
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 66–70At 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: 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.
‘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.
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.
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.
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.
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.
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).
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.
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.
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.
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 :
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.
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.
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.
Katsabian, Tammy, ‘The Telework Virus: How the COVID-19 Pandemic Has Affected Telework and Exposed Its Implications for Privacy and Equality’ (SSRN Scholarly Paper ID 3684702, 1 September 2020) Abstract: The COVID-19 pandemic has expedited numerous technological changes in the labor market. As part of this phenomenon, it has shifted millions of people from working at their workplace to teleworking from home, generating a hybrid space of work—the home-office. The home-office is an intermediate category between the office and the home. As such, it combines the logic and structure of the traditional workplace with those of the private sphere of the employee. Because of its hybrid nature, the home-office and the technology at its base empower the employer to supervise the employee and her family members, also in their private sphere, intensifying the current trend of violating privacy in the digital reality. Mirroring that reality is that the home-office reproduces inequalities from the private domain of the employee to the workplace context. It reproduces in the labor market the gendered traditional roles within the family domain along with socioeconomic disparities among households with respect to access to technology and technological skills. All in all, it prevents workers from equally enjoying the ability to telework. Against this background, this Article suggests ways to begin solving the home-office difficulty. It elaborates on the importance of employees having a voice to balance the private–public power dynamics between employees and employers and to ensure employees’ right to privacy. Additionally, it offers systemic solutions at the federal and state levels to limit the negative effects the private domain has on the ability of underprivileged socioeconomic groups and women to equally integrate into the technological labor market, including in the specific case of telework.
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.
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.
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.
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.
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.
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.
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.
‘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.
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.
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’ (SSRN Scholarly Paper No ID 3554436, 8 April 2020) 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.
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.
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.
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).
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.
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.
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.
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.
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 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, 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.
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.
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.
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.
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.
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.
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/>
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Stewart, Andrew, ‘COVID-19 and the Future of Labour Research, Policy and Regulation’ [2021] Labour & Industry: A Journal of the Social and Economic Relations of Work Advance article, published 4 March 2021Jurisdiction: Australia
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.
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.
‘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.
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.
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.
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.
Vernea, Sorin-Alexandru, ‘Peculiarities of Granting Employment Leave in Case of Sars-Cov-2 Infection under Romanian Regulation: Lessons for the Future’ (2021) 52(3) European Journal of Social Law / Revue Européenne du Droit Social 50–57 Abstract: Through this paper, the author analyzes the nature of medical leave granted under the conditions of Emergency Ordinance no. 158/2005 on leave and social health insurance benefits and under Law no. 136/2020 on the establishment of measures in the field of public health at epidemiological and biological risk. The paper is divided into two sections, the first aimed at identifying the nature of medical leave as regulated in Romanian legislation, and the second following the particularities of medical leave granted in case of infection with Sars-CoV-2. Finally, brief conclusions were drawn regarding the reliability of the regulatory framework regarding medical leave for quarantine or isolation.
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.
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.
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, 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’.
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.
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
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.
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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