日本禁止就业年龄歧视法律制度探析

为了解决中高龄者就业年龄歧视问题，日本建立了禁止就业年龄歧视法律制度。日本力图通过禁止就业年龄歧视的立法在确保高龄者安定雇佣和禁止在招录员工时设定年龄限制这两个方面有所作为。我国在禁止就业年龄歧视立法方面尚处于空白阶段，日本的相关经验带给我国诸多有益的启示。     

Weak links in the BEE chain? Procurement,skills and employment equity in the metals and engineering industries

The Department of Trade and Industry's 2003 strategy identifies ‘Black Economic Empowerment’ (BEE) as being broad-based, inclusive, and part of a sustainable long-term growth and development strategy. In this, it is consistent with the 2001 Black Economic Empowerment Commission report, the ANC 2002 conference resolution and ultimately the ANC's Reconstruction and Development Programme of 1994. We use firm-level information in the metals and engineering industries to examine the actual nature and extent of BEE across the dimensions of ownership, procurement, employment equity and training. Its aim is to examine the relationships between BEE concepts and provisions and the responses that firms took in practice. Direct pressure for BEE in metals and engineering firms arises from legislation and regulatory provisions governing employment equity, skills development and procurement. It also follows from procurement provisions applying to large companies that buy from metals and engineering firms, as well as to mining firms and State-Owned Enterprises such as Eskom and Transnet.     

华侨国内权益保护立法模式探析

随着中国社会和经济的发展,公民权益保障方面的法律越来越健全。适时赋予华侨完全的国内公民待遇,逐步淡化乃至适时取消对其的适当照顾,增加有关公民权益保障一般法中的涉侨内容,是保护华侨国内权益的有效方法。学界通说的制订特别法保护华侨国内权益,因其立法和执法成本巨大,并非保护华侨权益的最佳选择。保护华侨国内权益的立法模式由特别法转向一般法,以及由此引起的侨务工作的调整,是一个需要引起华侨工作者高度重视的理论和现实问题。     

日本地下水保护的立法实践及其借鉴

立法是进行地下水保护的重要法律手段。日本较早就开始了地下水保护的立法实践,业已形成了较为完备的地下水保护法律体系。其立法实践内容呈现出立法模式混合、管理体制统一、许可证制度严格的特点。目前,中国地下水保护形势严峻,应结合国情进行地下水污染防治专门立法,建立综合的地下水监督管理体制,实行最严格的地下排污许可证制度。     

Changing Attitudes about the Weak: Social and Legal Conditions for Animal Protection in China

ABSTRACT

The foundation of current legal protection for animals in China is based on the principle of “rational utilization.” This utilitarian attitude supports the exploitation of animals through the legal means of resource management. However, through a process of public education and the construction of recent legislation, attitudes toward animals are rapidly changing in China. After the introduction of the concept of animal welfare in China in 1989, preliminary socioeconomic events such as early laboratory animal science, animal cruelty reports, pet ownership, engagement in international trade, and the severe acute respiratory syndrom (SARS) epidemic helped spur a trend away from a purely utilitarian attitude toward more positive associations with animals among members of the Chinese public. This phenomenon will be analyzed through the actions of non-governmental organizations, the media, academia, and international business to influence education and the development of legislation to promote animal protection practices. In addition, recent events will be used to illustrate political realities in China that impede the full promotion of animal welfare protection.     

Die Produktion sozialer Sicherheit.

In the current public discourse the phenomenon of insecurity is widely discussed since various kinds of social risks are becoming more widespread throughout European societies threatening biographical stability and status security. Given this there is a quest for a realignment of state interventions aiming at the (re-)production of stability and security. It is assumed that institutional arrangements and interventions such as employment protection, income maintenance schemes and healthcare provision not only contribute to objective but also to subjective security. Using data from the European Social Survey 2008 for the labor force in 20 European nations, we test this assumption by scrutinizing three kinds of perceived social risks: the risk of job loss, the risk of lack of monetary means and the risk of insufficient healthcare provision. We take on a cross-national perspective and conduct ordinal multi-level regression analyses in order to measure the extent to which different levels of social policy interventions can be accounted for differences in subjective insecurity. We find that a high degree of employment protection??astonishingly??does not enhance the perceived employment security significantly, whereas higher levels of social security spending and healthcare expenditure indeed go along with higher levels of subjective security. This relationship is moderated by the general level of economic development.     

Vulnerable Women in a Pandemic: Paid Domestic Workers and COVID-19 in Peru

Paid domestic workers (PDWs) in Peru, who are predominantly women, are one of the most vulnerable labour sectors in the country. We argue that an important factor explaining this is linked to national legislation that grants only partial rights to the sector, thus maintaining inferior labour conditions for such workers. Here we share our analysis of a survey of 314 PDWs, conducted between April and May 2020, confirming that PDWs in Peru are highly unprotected, particularly during the COVID pandemic, in which there has been a lack of comprehensive social protection schemes.     

Another Form of Aboriginal Exemption — Employment as Protection Against Removal

The Queensland Aboriginals Protection and Restriction of the Sale of Opium Act 1897, which introduced the system of exemption certificates, also initiated another form of “exemption” — one based on employment. The Act permitted “lawfully employed” Aboriginal people to be “excepted” from forcible removal to reserves. Those placed on an Aboriginal reserve faced a restrictive life of disconnection from Country, kin networks, and traditional practices and way of life. Many Aboriginal people found employment in the pastoral industry and thus avoided the Act's provision of removal to a reserve. This paper interrogates government records and reports to provide an understanding of the development and implementation of this legislation and the racial ideologies underpinning it. The 1898 diary of a Queensland pastoralist who employed Aboriginal men on his station is also examined to obtain an understanding of the roles, experiences, and position of Aboriginal people in the pastoral industry during this period. These findings reveal that despite hardships faced in the pastoral industry, Aboriginal people found advantages in this form of employment. Through their highly sought-after pastoral skills and expertise, and strategic engagement with Europeans, Aboriginal people excelled in the pastoral industry, and many achieved significant levels of freedom and success.     

美国第115届国会涉台立法探析

第115届美国国会的涉台立法在立法数量上达到空前规模。这些立法有些已通过立法程序而成为公共法律,有些尚未完成立法程序,内容涉及美台之间的政治、经济、军事交往,以及对台军售和台湾的国际参与等诸多方面。以《与台湾交往法》为代表的涉台立法挑战了"一个中国"的政策,破坏了中美关系的政治基础,对中美关系产生了严重的负面影响。美国涉台立法的这一现象反映出在两岸力量对比发生明显有利于大陆的变化后,美国行政和立法部门试图以立法手段实现对台湾的"再保证"。虽然美国涉台立法的实施取决于行政部门对相关政策可行性的认知和判断,但以《与台湾交往法》为代表的涉台立法已成为中美关系的破坏性因素。     

Medios electrónicos de comunicación,poderes fácticos y su impacto en la democracia en México

The concept of factual powers has been increasingly incorporated into the sphere of Latin American politics to refer to actors that exert large influence in diverse sectors of social life. In Mexico, this term is used to refer to Televisa and its allies as part of the debate regarding the so-called “media legislation” that took place between November of 2005 and March of 2006. Moreover, the academic and theoretical discussion has not achieved a conceptual maturity. This article aims to review the antecedents and development of factual powers and their differentiation from other actors or groups that also exercise influence. It discusses as well the power they currently wield in the electronic media, the State and democracy.     

Rise of the temporary employment industry in Namibia: A regulatory ‘fix’

The role of the temporary employment industry as an active intermediary in the job market can only be fully understood in the context of wider processes of restructuring and regulation at a particular time and place. In Namibia, the rise of poorly regulated employment relationships occurred in a context of expanding institutional and statutory regulation of the labour market. Here the temporary employment industry thrives within the interstices left by the limits in regulatory coverage. Nonstandard jobs are premised on a selective decoupling of the employment relationship from statutory, and hence almost invariably also collective, protective measures. The mediating role of the employment agency between the client firm and the temporary labourer allows management to evade or dilute the protections that insulate permanent employees from competitive pressures in the external market. As such, temporary agency employment constitutes both a regulatory ‘fix’ for the dilemmas associated with the deployment of labour and a mechanism for the social reproduction of a nonstandard labour supply. However, the role of labour market intermediary varies depending on whether an agency is located at the top or the bottom of the temporary employment industry.     

Eastern Figures: Orient and Empire in British Writing

This article outlines the labour impacts and social consequences of the 1997–98 Asian financial crisis and 2008–09 global financial crisis on Southeast Asia. Both had adverse consequences on output, employment, income and poverty in the region, although the impact of the global financial crisis was much less severe compared to the Asian financial crisis. Economies recovered quickly from both crises. However, labour markets continue to be characterised by informal, vulnerable and precarious employment. The crises and the ensuing efforts of employers to resort to increased flexibility in labour hiring in both crisis and recovery periods fanned labour protests despite the diminutive size of the trade union movement and the underdeveloped system of industrial relations in most countries. In turn, these protests have triggered national and regional debates on rules for labour contracting, minimum wage adjustments and social protection. These debates have remained unresolved even as the region is gearing up for fuller economic integration in 2015 labelled as the ASEAN Economic Community.     

More Protection,Still Gendered: The Effects of Non-Standard Employment Protection Acts on South Korean Women Workers

The growth of non-standard work since the Asian financial crisis of 1997 has emerged as the central political concern in South Korea. Important legislative interventions, the Non-standard Employment Protection Acts, were introduced in 2007 to protect workers from insecurity and precarity. This article investigates the effects of the Acts on women workers by comparing the employment characteristics before and after the introduction of the law. The Acts reduced the proportion of non-standard employment to a certain degree, but employers continued discriminatory practices against women workers and aggressively took advantage of more precarious forms of non-standard work. Due to severe sex segregation in the dualistic labour market, more surreptitious forms of discrimination against women workers remained intact. The results of this study point to the fact that social protection for non-standard work and more egalitarian gender relations in the labour market require a new paradigm of social rights.     

Die Ich-AG im Walde

The paper starts out by discussing postindustrial work as it is viewed in the current sociology of work. This presentation forms the background for a discussion of the forms of work and organization to be found in small contracting enterprises in forestry in Germany. For this, firstly, the connection between decreasing employment in the state forestry administration and out-sourcing of forestry work as well as the history of forestry contracting are described. The second part focuses on characteristics of work and organization in small forestry contracting enterprises, based on qualitative interviews and discussed with the help of newer approaches from the sociology of work. Whereas on the one hand common characteristics between work in forestry contracting enterprises and post-industrial work can be observed, on the other hand many phenomena can reasonably be explained by reference to traditions of rural work in small family enterprises. In conclusion, the observed forms of work and organization can only be explained by combining the effects of global markets and rural traditions.     

Globalisierung und die Nachfrage nach sozialer Sicherheit. Eine kritische Analyse des „domestic demand“-Ansatzes

Comparative research on the impact of globalization and international competition underlined that public policies were strikingly stable, contrary to the expected cutbacks in social expenditures. This resilience of the welfare state is explained by voters’ demands for social protection which can be related to new uncertainties connected to economic openness. The domestic demand approach conceives the welfare state as a means to compensate for the employment risks resulting from a globalized economy, and as a means to foster the acceptance of an open economy. This paper analyzes the link between globalization, insecurity and domestic demand. It considers the class specific effects of economic openness. The domestic demand approach is subjected to a test based on data from the International Social Survey Programme (waves 1990, 1996 and 2006) and additional country-level features. The results show that unemployment makes citizen’s preferences for social security expand, while economic openness has a negative effect: the more open the economy of a country the lower social security demand of citizens. Contrary to the expectations, the more people perceive job security to be threatened the lower is support for social security. Obviously, citizens on the average are skeptical against rising unemployment protection since they fear higher burdens by social expenditures without directly benefitting from them. Those still employed do not vote for more expenditure. However, the lowest social class increasingly demands social security in the context of open economies. Over time, social security demand gets more mired at the low end of the social spectrum. The hypothesis that economic openness spreads economic risks and feelings of insecurity over broad social strata is rejected. The results support the debate on dualization processes.     

Studies presented to the international commission for the history of representative and parliamentary institutions 1937–1980

Summary

This article examines the problems faced by the Portuguese Cortes between 1821 and 1823 in attempting to create a constitution. This involved the central issue of whether or not sovereignty resided in the nation or in the person of the king. It led to a polarisation between traditionalists and liberals, although the latter believed that co‐operation between king and Cortes was a precondition for political and social stability. There were also disagreements about whether a royal veto over legislation should be conceded and whether or not a second chamber should be created. A compromise was found over the former, with the Crown receiving a suspensive veto, while a second chamber was rejected. Nevertheless, Portuguese liberals remained divided over the exact role of the Crown within the new constitutional order and that division, combined with the continued strength of traditional forces and external pressures, opened the way for a counterrevolution. Faced with intransigence on the part of the king and the traditionalists, the liberals could only protest by suspending the Cortes. João VI's reply was the declaration of Vila Franca (1823) which proclaimed royal sovereignty and replaced the Constitution of 1822 with one which was only a ‘gift’ from the Crown.     

‘The devil or the Dutch’: Holland's impact on the financial revolution in England, 1643–1694

SUMMARY

In this article Beat Kümin and Andreas Würgler make a comparative study of how the peoples in early modern England and Hesse used their acknowledged rights to present petitions and grievances to exercise a real influence on the process of legislation, and even over administration in general. They could on occasion, virtually initiate legislation from below. The article illustrates the unusually wide scope and usage of the petition in England, helped by the early recognition of the subjects' right to petition both houses of Parliament as well as the monarch. It is suggested that this could result in a broad popular participation in the work of government. But even in Hesse, where the rulers asserted their sovereign rights as sole legislators and where, from the seventeenth century, they were attempting to develop an effective bureaucratic administration to sustain their aspirations, the method of petitioning the ruler, either through the Estates, Gravamina or directly, enabled ordinary people to have a part in promoting legislation and to participate in, and even effectively restrain, the princely administration.     

本轮经济下行阶段增长与就业相背离了吗?

近年来,伴随中国经济进入下行阶段,中国经济增长由高速转向中高速,从官方公布的数据来看,总体就业形势却并未如预期那样恶化,以致有观点认为目前我国经济运行出现了“增长与就业相背离”的现象。本文试图解释“增长与就业相背离”这一现象的发生。通过利用相关数据并构造科学的方法计算中国经济下行阶段失业率,以此判断中国经济下行阶段经济增长是否与就业相背离,通过实证分析发现在本轮经济下行阶段增长与就业并没有相背离。本文的研究结论对于深刻理解中共中央关于就业优先政策具有重要现实意义。     

Participación política de los migrantes. Reflexiones sobre la extensión de la ciudadanía en Argentina

Political participation for both, foreigners living in Argentina as well as nationals living abroad, is the topic of this paper. Through legislation, both groups have limited, in whole or in part, voting rights. An empirical study is carried out in order to identify that discrimination. The study of the legal framework allows us to verify whether or not migrants are considered political actors, empowered to participate actively in public life, and become part of the common will. This review reveals that there is a heterogeneous landscape of the legislative framework that enables the vote in national, provincial and local elections. It is argued that restricting citizenship to nationality or residence is a simple and unrealistic approach to contemporary human mobility. An open, inclusive and flexible citizenship is more consistent with a true democratic order.     

Neue Besch?ftigungsstrategien jenseits von externer und interner Flexibilisierung

Recent research about regular employment in core areas of high qualified service work in Germany yields contradictory findings about continuities and changes in employment stability. In addressing current debates about changing employment relations, this paper examines how organizational change and the role of customers in service work interact to shape employer demands for more flexible employment. The results of a qualitative study of employment practices in one branch of qualified service work, IT services, shows how clients?? intervention into the production process affects skill demand and firms?? use of flexible employment. At the same time, a pronounced client orientation precipitates the need for context-specific knowledge and stability of employment. The resulting employment strategies aim at developing long-term relations with free-lancers and other short-term workers. These new employment practices call into question the well-accepted distinction between internal and external forms of employment flexibility.