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Towards Legal Empirical Macrodynamics: A Research Agenda

Author(s): Julia M. Puaschunder / Language(s): English Publication Year: 0

Legal scholarship exists since the beginnings of science. Attempts to quantify the economic consequences of legal codifications have been made in the vibrant interdisciplinary field of law and economics. The socio-economic calculus of public policies has been addressed in new public management. Behavioral economics has entered the legal scientific discourse in the emerging field of empirical legal studies backed by ample evidence of the effect of law on socio-dynamics retrieved from manifold field and laboratory experiments. Behavioral insights is the most recent Nobel Prize crowned development to understand human decision making in the legal and public fields to help civil servants and legal executives foster the socio-economic outcomes of their work. All these variant interdisciplinary approaches aim at enlightening at legal codifications’ socio-economic outcomes to improve public collectives. In all these cases, empirics derived from quantitative and qualitative research help gain inferences for legal theory building and the strengthening of public policy implementations. This article argues that the time is ripe to dare the next step in legal empirical analyses by drawing from insights retrieved from big data and algorithmic machine learning but also introduce the use of optimal control macrodynamic modelling—a methodology originating in physics that entered macroeconomics and related disciplines to quantify and optimally control economic theory and practice. Given the ongoing big data revolution and exponentially rising data transfer coupled with unprecedented computational power advancements, the means are now available—for the first time—to push for empirical legal studies embracing novel tools—such as hierarchical modelling Bayesian statistics as well as optimum control sophistications—to derive inferences on how to improve legal theory and practices in innovative ways as never before possible. On the brink of artificial intelligence (AI) entering the labor force at a large scale, legal scholarship can now adapt to the novel market opportunities with acknowledging unprecedented computational power and methodological sophistication in deriving insights from big data. Heralding a new age of legal empirical macrodynamics also serves the legal community in light of the predicted heightening demands for creativity as future valuable asset of humanoid legal practitioners and scholars in comparison to repetitive tasks likely soon being outsourced to AI and machine learning.

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Tele-Working in European Legislation and the Romanian Law System

Author(s): Agata Mihaela Popescu / Language(s): English Publication Year: 0

At the present, labor legislation is at a crossroads, the changes at both national and European level have shown that a radical change of vision on working relations is necessary. One of the most recent legislative changes is the regulation of a new type of special contract – tele-working. In support of the flexibility of the labor relations and their modernization. Romanian legislation has adapted to these requirements, by adopting the Law no. 81/2018 on regulation of teleworking activity, in force since April 5, 2018. The scope of the Law is undefined, while the text of Art. 1 par. (2) regulates that “This law shall apply in the fields of activity where it is possible to carry out tele-work activity”. In other words, without specifying who is the addressees of the law, it concerns a category of employees who are connected to the realities of communication technology in a broad sense, to the latest news of the field in which they work and, in general, to the daily universe through the Internet, social networking and mobile applications. In other words, the recipients are the workers involved in the information society through its use and development, and not every worker holding a terminal that can connect to information and communication technology, since it is a “tele-employee” only the one who is willing to use the equipment needed to deliver the result of his work in an employment relationship, of course in agreement with the employer.

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Work-life balance over the course of working life

Author(s): Robert Anderson / Language(s): English Publication Year: 0

Reconciliation between working and non-working life is a long standing interest of the EU institutions, member state governments and social partners. At EU level, the issue of work-life balance has predominantly concerned work and the parental care of young children; however, challenges towork-life balance increasingly stem from the ageing of the population. This brings responsibilities for caring for disabled and infirm people.

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‘Til work do us part?’ Domestic relationships in extended working life households

Author(s): David Wilkinson,Andreas Cebulla,Nathan HUDSON-SHARP / Language(s): English Publication Year: 0

Facilitating opportunities for a better work-life balance is one key route through which individuals may be encouraged to extend their working lives. Recent years have seen the expansion of a variety of employer-ledsupportive and flexible working practices that aim to reconcile the pressures of work and home life (Eurofound, 2017).

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Skills mismatch among older workers

Author(s): Eduard Stöger,Jakob Peterbauer,Markus Bönisch / Language(s): English Publication Year: 0

Skills are viewed as a major component of knowledge-based economies. On an individual level, skills can support labour market success and can have an effect on earnings and job satisfaction (Hanushek et al., 2014). But skills must be used efficiently to generate these positive labour market outcomes. If this is not the case, skill mismatch occurs. This means that workers either do not meet the skills required at their workplace (under-skilled / over-utilisation) orhave higher skills than needed (over-skilled / under-utilisation).

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Changing patterns of older workers’ employment: evidence from Austria, Germany and the UK

Author(s): Charlotte FECHTER,Werner SESSELMEIER / Language(s): English Publication Year: 0

Due to high unemployment rates and large restructuring of traditional industries (e.g. coal, mining) it was common practice in the late 1970sand 1980s to carry out workforce adjustments through early retirement schemes. This policy changed in the early 2000s, towards a focus on Active Ageing and maintaining older workers in the workforce (European Commission, 2004).

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Забрана злостављања на раду у законодавству Републике Српске

Author(s): Radislav Lale / Language(s): Serbian Publication Year: 0

In the labour legislation of the Republic of Srpska (as well as FBiH and BD BiH legislation) there is no lex specialis that directly and comprehensively regulates the issue of abuse at work. In legal terms, however, abuse at work can be viewed from the aspect of constitutional, civil, criminal and legal norms of our positive law. Such fragmentation in the legal regulation of mobbing is insufficient and incomplete for expressing the unlawfulness and dimensions of this social phenomenon and does not provide adequate protection for victims of abuse at work. Considering the fact that the positive labour legislation of the Republic of Srpska in relation to abuse at work does not provide adequate protection to victims of abuse, the author concludes that the issue of abuse at work in domestic law is necessary to be regulated by a special regulation, modeled on the law of the Republic of Serbia, in order to create the conditions necessary for establishing a healthy and safe working environment.

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Características de la inserción laboral de los trabajadores procedentes del Triángulo Norte de Centroamérica en México

Author(s): Liliana Meza González,Carla Pederzini Villarreal / Language(s): Spanish Publication Year: 0

Drawing on data taken from the 2015 Intercensal Survey, this paper analyzes the characteristics of the labor insertion of workers from the Northern Triangle of Central America in Mexico and presents evidence that the salaries and benefits received by these workers are higher than those of Mexican workers, in groups of immigrants and certain sectors, controlled by observable characteristics. Estimates of the decomposition exercises of the Blinder-Oaxaca type indicate that, in some cases, the unexplained part of the differential is determinant of the labor results in favor of migrants, which is considered early evidence of the favorable treatment they receive in Mexico. The results suggest that there is a demand for these workers by the Mexican productive sector and that, Central American migrants in Mexico are also positively selected from their counterparts in their countries of origin.

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Skilled Immigrants In Brazil: Profile For Science, Technology, Engineering And Mathematics (Stem) Occupations

Author(s): Renan Gadoni Canaan / Language(s): English Publication Year: 0

In this article, we describe the demographic, human capital and occupational characteristics of immigrants in STEM occupations in Brazil and we address key factors that determine their earnings. The main findings demonstrate the importance of demographic variables in income earned by foreigners. Immigrants, just like native-born Brazilians, face a historical system of discrimination based on gender and ethnoracial hierarchies in the workforce. Moreover, results show that immigrants have higher average earnings compared to native-born Brazilians in STEM occupations. This may be explained by the fact that a greater proportion of immigrants occupy a managerial STEM job.

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What Are The Return Propensities Of Nigerian Medical Doctors In The Uk?

Author(s): Mohammed Abdullahi / Language(s): English Publication Year: 0

Migration management and research are becoming an essential area of study in many countries (Debnath 2016). The reasons why people move to, or from, a particular geographical place have been extensively studied within migration research (Crush 2019). Recent scholarship has shifted to return migration, its consequences on both the micro and m

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Return Migration, Social Integration, And Brain Gain: Wenzhou Migration’s Return To China And Relevant Policies In Host And Home Countries

Author(s): Libei Wu / Language(s): English Publication Year: 0

This paper illustrates how and why a growing number of Chinese migrants move back to China and what social influences they have on both host and home countries. While categorising various determinants for return migration, I argue that these determinants are not only economic but also environmental and cultural, especially for certain groups of migration. This paper also examines whether the degree of migrants’ integration in host countries such as Spain or the United States is a dominant factor in return migration through interviews with migrants from the Wenzhou region in South China during the reform period. With comparisons between different Wenzhou migration groups, the regulation of informal economic activities and other policies in host countries is to show to potentially induce return migration and thus cause adverse consequences for the host countries. Therefore, how to make full use of highly-accumulated human capital brought by (return) migration mainly depends on relevant policies in both host and home countries. In recent years, China has come to the forefront of the global competition for talent by exploring effective mechanisms to deal with its increased migrants and return ones, while the Western countries appear to be struggling with their migration issues.

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Remittances’ Impact On Philippines Household

Author(s): Eugene Agoh,Régine N. Soppo,Vilmantė Kumpikaitė,Irma Banevičienė / Language(s): English Publication Year: 0

Philippine is the highest labour exporter among its neighbours in the East and South-East Asia (Pratt, 2018). Consequently, diaspora Filipinos send about 34 billion USD as remittances from around the world making Philippine the third highest remittance receiver in the world just behind India and Mexico (Bank, 2019). Therefore, remittances play an important role in Philippines households. After analysis of 17 papers, which focus on this issue, positive and negative sides of remittances; to Philippines households are highlighted.

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Impacts Of The Venezuelan Migration On The Colombian Labor Market

Author(s): Alix Juliana Obando Arias / Language(s): English Publication Year: 0

This research estimates the effect on the Colombian labor market of the increasing migratory flow from Venezuela, focused on the salary variation of Colombian workers. It seeks to answer the following problematic question: Has the salary of Colombians been reduced as the result of the arrival of Venezuelan migrants? This study classifies migrants and natives by educational level and work experience. Venezuelan workers can act as close or complementary substitutes for Colombian workers. The data comes from the Great Integrated Household Survey (GIHS) carried out by the National Administrative Department of Statistics (DANE).

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El Mercado Laboral De Los Inmigrantes Venezolanos Residentes En Ecuador Frente Al De Los Nativos

Author(s): Jessica Andrea Ordoñez Cuenca / Language(s): Spanish Publication Year: 0

En teoría, el incremento de la oferta laboral por una mayor inmigración produce un efecto negativo en el empleo y el salario de los nativos, no obstante, esto depende del nivel de cualificación de los inmigrantes. Se analiza el caso de Ecuador, país que es parte del corredor migratorio que va desde la República Bolivariana de Venezuela hacia Chile, en el cual por diferentes situaciones (económicas, familiares o por redes migratorias) algunos migrantes se han establecido de forma temporal o permanente en los países que se encuentran dentro del recorrido. El objetivo del estudio es estudiar el contexto de la inmigración de venezolanos en Ecuador en relación al efecto en el mercado laboral de los nativos determinado por el nivel de cualificación.

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An Exploration of Barriers Female Engineers Face in the Workplace

Author(s): Tyene Houston / Language(s): English Publication Year: 0

The global focus to attract more females to the engineering profession and oil and gas companies are of paramount importance. There is a dire need to train and cultivate female engineers to increase economic advancement and innovation. Worldwide, the demand for those equipped with engineering expertise exceeds the talent pool pipeline. Despite laws enacted to mitigate gender discrimination, implicit gender bias persists in the workplace. Correspondingly, these challenges permeate against a backdrop of a crippling shortage of qualified engineers, and the high number of those who will retire within the next decade. To power future engineering and energy projects, it will require educators, policymakers, industry leaders, and philanthropists alike working collaboratively to infuse effective strategies that are drivers for pipelining talented female engineers. While the body of knowledge is extant around the shortage of women pursuing careers in science, technology, engineering, and mathematics (STEM) fields, the management literature has gaps regarding strategies successful female engineers employ to lead rewarding careers. The purpose of this research informed by Bandura’s (1986) Self-Efficacy Theory is to understand the beliefs, attitudes, and outcome expectations of successful female engineers who experience barriers in the workplace.

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Престанак радног односа на иницијативу послодавца

Author(s): Radislav Lale / Language(s): Serbian Publication Year: 0

The paper systematically discusses the issue of termination of employment on the initiative of the employer in domestic, comparative and international law, as one of the most significant and sensitive labour law institutes. The author analyzed the positive regulation of termination of the employment contract by the employer as an essential element of his freedom to contract, as well as his freedom of entrepreneurship and management. Valid (allowable) dismissal reasons related to an employee's abilities and behavior, and dismissal considerations related to the needs of the employer, as well as the issue of prohibited dismissal reasons have been thoroughly discussed in the relevant sections of this paper. Also, the subject of analysis is the procedure in the case of dismissal, and special attention is paid to the legal consequences of unlawful termination of employment.

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The Case for a Foreign Worker Advisory Commission

Author(s): Ray Marshall / Language(s): English Publication Year: 0

This paper outlines the case for an independent Foreign Worker Advisory Commission (FWAC) to assemble and develop data and research to assist the administration and Congress make better and more timely decisions on employment-based migration (EBM), a relatively small (14% in 2010) component of total immigration. The FWAC also would recommend the numbers and composition of temporary foreign workers (TFW) admitted each year, which constituted about 1.7 million (of 46.5 million) US foreign visitors in 2010.

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Migration and Integration: Austrian and California Experiences with Low-Skilled Migrants

Author(s): Gudrun Biffl,Philip L. Martin / Language(s): English Publication Year: 0

Austria had a labor force of 4.4 million in 2015, almost 19 percent foreign born, including 60% who were from other EU countries. Many of the migrants from other EU member states in Austria are highly skilled, but they are not always employed according to their skills, particularly migrants from the new European Union Member States (EU-MS). The language barrier is one major reason for down-skilling, and another is the large difference in wages between Poland and other source countries and Austria, which attracts teachers and other professionals to jobs in Austrian tourism and care services, even if they lack training for these lower-than-average wage jobs. Austria has required non-EEA (European Economic Area) migrants since 1996 to have skills, so Austrian employers take advantage of free mobility of labor within the EU and recruit some EU-migrants from Central European countries for low-paid jobs with difficult working conditions.

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Citizenship and Naturalization Among Turkish Skilled Migrants

Author(s): Deniz Yetkin Aker / Language(s): English Publication Year: 0

There have been many studies about the concept of citizenship; nevertheless, as Joppke argues, “one of the biggest lacunae in the literature” is what people associate with the concept (Joppke, 2007: 44). In addition, naturalization is the procedure of citizenship acquisition for several reasons, such as gaining political rights. Although some scholars posit that non-citizens have several rights just as citizens do (such as, Bloemraad, 2000; Soysal, 1996), as Wallace-Goodman points out, for immigrants “naturalization is still the key to full rights of citizenship”(Wallace- Goodman, 2010: 3). Despite all the rights and benefits associated with citizenship acquisition, not all immigrants (can or want to) obtain the host country’s citizenship. Especially since 1982, many studies (such as Bloemraad, 2002; DeVoretz & Pivnenko, 2005; Yang, 1994 and Vink & Dronkers, 2012) dwell on the naturalization processes and policies to understand reasons of such variance in citizenship acquisition rates and dissimilarities in citizenship regulations among nations (Bloemraad, 2000: 13).

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Contributors to the improvement of employer-employee relationships: the case of Thai migrants in Israel

Author(s): Parkpoom Kuanvinit / Language(s): English Publication Year: 0

Thai unskilled workers started finding employment in Israel in the late 1980s after the First Intifada or Palestinian uprising in 1987, which caused severe labor shortages in Israel (Kaminer, 2019). Due to the growing number of Thai workers in Israel, both Thai and Israeli governments decided to implement a bilateral agreement to provide Thai agricultural migrant workers in Israel with a fair and transparent recruitment system and labor rights protection mechanisms (Huguet & Chamratrithirong, 2011).

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