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THE REGULATORY BACKGROUND OF AGE DISCRIMINATION

THE REGULATORY BACKGROUND OF AGE DISCRIMINATION

Author(s): Dóra Takács / Language(s): English Issue: 1/2022

The aim of my research is to carry out a problem-focused examination of the employment law aspects of age-based discrimination, a topic less frequently addressed in Hungarian legal literature so far, thereby exploring the anomalies inherent in the legislation as well as the resulting practice. Such research can help in adapting effectively to the challenges posed by the demographic changes currently taking place in our society. The fight against discrimination requires, above all, a stable regulatory background, which I undertake to present in the framework of this paper. The majority of age-based anti-discrimination legislation are at supranational, primarily EU level; however, in the course of my analysis, naturally I will also deal with Hungarian legislation.

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NEW TRENDS IN EMPLOYMENT

NEW TRENDS IN EMPLOYMENT

Author(s): Dávid Adrián Máté / Language(s): English Issue: 1/2022

Receantly, we have been hearing more and more about changes in the area of employment. All of these changes stem from one thing, namely digital change. In the world of work, technical progress has brought many changes that have a greater or lesser impact on labor law regulation and the employment relationship. These effects changed the work tools and the place to work and much more. Digital devices and the Internet allow for the global flow of labor, bridging geographical distances. Teleworking is an increasingly common form of work. The digital space has opened up many new opportunities in the labor market, which employers and employees are trying to exploit in a variety of ways. One of the most significant manifestations of this is the emergence of platform work forms and crowdwork. These new variants well reflect the tendency of the parties to create increasingly different forms of employment in the field of employment. It can be concluded, therefore, that we can see another wave of the fact that actors in the world of work are increasingly looking for atypical employment relationships both inside and outside labor law. In the present work, I want to map possible directions for the future of labor law. Among other things, I am looking for an answer to the question, what effect do new types of work have on labor law regulation? Is there a need for labor law renewal? What trends are expected in the future? Expanding the scope of atypical employment relationships, strengthening classical labor law, or possibly examining beyond it to take a closer look at the role of labor law embedded in the digital world. The nature of the regulation and the relationship between the parties is increasingly determined by the flexibility that has an impact the employee protected elements.

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THE FISCAL AND ACCOUNTING IMPACT OF THE GOVERNMENT EMERGENCY ORDINANCE NO. 79/2017 REGARDING THE TRANSFER OF SOCIAL SECURITY CONTRIBUTIONS FROM THE EMPLOYER TO THE EMPLOYEE

Author(s): Daniel Drăguţ,Dorel Mateş,Liviu Tulcan / Language(s): English Issue: 3/2018

The multitude of legal changes in the fiscal and accounting field determines the professional accountant to find himself under a permanent turmoil due to the need to adapt on the go both of the accounting system and of the accounting policies in order to provide an accurate image of the entity assets, debts, financial position, profit or loss. The present article aims at clarifying some aspects and changes related to the social security contributions calculated for the incomes obtained by the taxpayers contributing both to the state budget and to the state social security budget in Romania.

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Familizacja i deinstytucjonalizacja. Opieka nad osobą starszą w miejscu zamieszkania w ujęciu socjologiczno-prawnym

Familizacja i deinstytucjonalizacja. Opieka nad osobą starszą w miejscu zamieszkania w ujęciu socjologiczno-prawnym

Author(s): Krzysztof Szluz,Beata Lucyna Szluz / Language(s): Polish Issue: 1/2022

Issues related to old age and to providing help for the elderly, due to their social significance, constitute a widely discussed question, analysed within various scientific disciplines. While traditio- nally such care was provided in the family, in modern societies it is also provided by institutions. This study addresses the issue of familization and deinstitutionalization in the context of caring for an el- derly person in the place of residence in sociological and legal terms. The focus has been on depicting assisted housing, respite care, and coordination and standardization of social services.

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TRANSPARENŢA SALARIALĂ – COMPONENTĂ ESENŢIALĂ ÎN APLICAREA PRINCIPIULUI EGALITĂŢII DE REMUNERARE PENTRU LUCRĂTORUL FEMEIE ŞI PENTRU LUCRĂTORUL BĂRBAT (PARTEA A II-A)

Author(s): Carmen Adriana Gheorghe,Roxana Matefi / Language(s): Romanian Issue: 06/2022

Although it is one of the foundations of the European Union, as we stated in the first part of our analysis, the principle of equal pay for equal work or work of equal value implies a number of obstacles in the application process, and the European strategy for wage transparency ‒ a wish difficult to achieve.

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СТРАТЕГИЧЕСКО УПРАВЛЕНИЕ НА РАБОТНАТА СИЛА В БЪЛГАРИЯ ПРЕЗ ИНТЕГРИРАН СОЦИАЛЕН ДИАЛОГ

СТРАТЕГИЧЕСКО УПРАВЛЕНИЕ НА РАБОТНАТА СИЛА В БЪЛГАРИЯ ПРЕЗ ИНТЕГРИРАН СОЦИАЛЕН ДИАЛОГ

Author(s): Desislava Yaneva / Language(s): Bulgarian Issue: 2/2022

This article discusses the conceptual idea that the successful regulation of the labor force in Bulgaria requires transparent mechanisms for social control in the field of labor, through which to achieve optimal balance between individual, group and public interests. The thesis is argued that on the basis of a measurable indicator - Labor Force Index, which accumulates the key factors contributing to its development in Bulgaria, will be possible to improve the tripartite Social dialogue between the representative bodies responsible for labor regulation and increase the productivity and the income from work.

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Understanding Local Perceptions to Guide Poverty and Housing Policy: An Urban Planning Case Study in Crookston, Minnesota

Author(s): Pp. Rutherford Johnson / Language(s): English Issue: 6/2021

Often associated more with larger cities, small towns such as Crookston, Minnesota, often face unique urban planning challenges, including quality, affordable housing and policy pertaining to equity and poverty. Housing affordability is increasingly a major issue in urban planning, with such shortages presenting special difficulties due to correlations with poverty and low-wage workers. Even in small, rural communities, where population has been largely on the decline, quality, affordable housing can still be difficult to obtain – especially for low to middle-income families. These challenges in rural communities can correlate with racial and ethnic divisions. Contributing to the problem is the fact that policy can sometimes either make the situation worse or be ineffective due to public perception and local politics. Government policies have even perpetuated pre-existing market racial and ethnic biases. Crookston, located in the northwest of Minnesota, USA, is a town with just such policy and community concerns. Two key challenges that threaten social equity and long-term economic viability for the community are specifically systemic, entrenched poverty in the Hispanic population and a lack of affordable, quality housing. The State of Minnesota has identified this as a problem in need of policy support. An incorrect understanding of public perception, for example, could easily lead to well-meaning, but ineffective urban planning policy. This study uses a survey instrument to understand the broad opinions, perceptions, and beliefs of the local population regarding poverty, their own financial position, the housing shortage, different mechanisms for helping to solve problems, reasons people are in poverty or are financially successful, and relevant taxation, subsidies, and other measures. Survey results provide assistance area urban planning policymakers in decisions that are most likely to be effective.

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Prelucrarea datelor de către angajatori în contextul pandemiei de Covid-19
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Prelucrarea datelor de către angajatori în contextul pandemiei de Covid-19

Author(s): Cristina Bojică / Language(s): Romanian Issue: 01/2022

Nearly four years later after the entry into force of the EU Regulation 679/2016 on personal data processing (GDPR), the processing of the employees’ personal data remains controversial and open to interpretation. This article provides a comprehensive practical interpretation of the principles and grounds to be considered when processing personal data, in view of both the GDPR Regulation and the new obligations of employers to ensure health and safety of employees in the Covid-19 pandemic context. The introductory part of the article focusses on the employer’s main obligations towards employees, followed by a section developing on the trends of excessive processing of employees’ health data and the implications of telework on personal data processing. Based on companies ‘practice, the author offers guidelines for the correct understanding of the law and suggestions to avoid an excessive processing of employees’ personal data. The conclusion of the article highlights the general obligations laid down by the GDPR Regulation and provides an overview of minimal policies and procedures to be implemented by each company. Therefore, the article aims to provide a practical approach of the main obligations related to data processing falling to the employers and the measures that should be taken to ensure fairly processing of the employees’ personal data.

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Compulsory Vaccination and Fundamental Human Rights in the World of Work

Compulsory Vaccination and Fundamental Human Rights in the World of Work

Author(s): Sara Hungler / Language(s): English Issue: 1/2022

During the COVID-19 epidemiological emergency, several countries adopted regulations which have affected the world of work. The impact of these measures on workers and other employees has been the subject of numerous studies. Among the legislation, there are some that apply to specific occupational groups, such as healthcare workers, and others that apply more generally to a broad section of society. What they have in common is that they restrict the fundamental rights of workers to an extent that justifies a thorough human rights and constitutional rights analysis. The aim of this paper is to analyse the issue of compulsory vaccination by focusing primarily on the case law of the European Court of Human Rights and attempt to interpret it in relation to the domestic regulation of the COVID-19 pandemic. The second part of the paper is a case study based on the Hungarian legislation, which was adopted recently.

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The Relationships between Social Security Funds and Macroeconomic Changes. An Empirical Analysis of the EU-CEE Countries

The Relationships between Social Security Funds and Macroeconomic Changes. An Empirical Analysis of the EU-CEE Countries

Author(s): Barbara Pawełek,Alina Klonowska / Language(s): English Issue: 1/2022

Objective: This paper investigates whether and which of a set of macroeconomic variables may be a Granger cause for changes in the financing of the social security sector, and vice versa. Research Design & Methods: Descriptive statistics, the bootstrap panel Granger causality test, and Pesaran CD test for cross-sectional dependence in panels and Pesaran’s CIPS test for unit roots in panels were applied. Panel data of the CEE countries, which are members of the European Union, was used. The research period was 2000–2019. Findings: It was determined that lagged values of macroeconomic indicators can improve forecasting of social security sector expenditure. In turn, understanding the social security sector’s expenditure may contribute to better forecasting of the macroeconomic indicators considered for the research. Implications/Recommendations: Maintaining stable economic growth may contribute to the financial stability of the social security system. Contribution: The research is the first to refer to the financing of the social security sector. The study provides a framework that takes full account of the main elements of social security systems and associates them with the most significant macroeconomic indicators. Article type: original article.

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Dreptul maritim al Uniunii Europene
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Dreptul maritim al Uniunii Europene

Author(s): Author Not Specified / Language(s): Romanian Issue: 02/2013

1. EU Council Decision 2007/431/EC of 7 June 2007 authorizing the ratification by Member States, in the interest of the European Community, of the Convention of 2006 ILO on Maritime Labour 2. EU Council Directive 2009/13/EC implementing the Agreement between the EU Shipowners’ Association (ECSA) and the European Transport Workers' Federation (ETF) regarding the Convention of 2006 of ILO on Maritime Labour and amending the Directive 199/63/EC 3. Proposal for a Directive of the EP and the Council on flag State responsibilities regarding enforcement of the agreement concluded between ECSA and ETF regarding the Convention of 2006 on Maritime Labour and amending the Directive 1999/63/EC [COM/2012/0134 final - 2012/0065 (COD)] 4. Maritime policy: a new strategy for the economic growth and the labour force employment in the area of the Atlantic Ocean 5. Maritime insurance. European agency for maritime insurance - EMSA

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Primjena Teorije samoodređenja u objašnjenju nekih aspekata radne dobrobiti pomoraca

Primjena Teorije samoodređenja u objašnjenju nekih aspekata radne dobrobiti pomoraca

Author(s): Ana Slišković,Jelena Ombla,Andrea Tokić / Language(s): Croatian Issue: 2/2022

The goal of the study was to determine the extent to which seafarers' work and life satisfaction can be explained by the six aspects of work motivation based on the Self-Determination Theory. The research was conducted on a convenience sample of Croatian seafarers (N = 286), ranging from 18 to 65 years. The applied questionnaire consisted of sociodemographic and work characteristics questions, and measures of job satisfaction, life satisfaction, and six dimensions of work motivation. The results of regression analyses showed that two dimensions of work motivation with the highest level of self-determination contribute positively to the explanation of job satisfaction and life satisfaction: intrinsic motivation and integrated regulation. Furthermore, external regulation contributes positively to the explanation of life satisfaction, while amotivation has proven to be a significant negative predictor of job satisfaction. The results indicate the importance of developing and encouraging autonomy in work motivation in seafarers, but also the specifics of work motivation that are associated with the socio-economic context of the maritime profession in Croatia.

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OCCUPATIONAL HEALTH AND SAFETY: CHALLENGES AND PROSPECTS IN THE GREEK PUBLIC SECTOR

Author(s): Georgios Nasios / Language(s): English Issue: 22/2021

Occupational health and safety (OHS) is a major element of the labour relations aimed at protecting human life, preventing occupational accidents and diseases and protecting the health of the employees and the natural environment. OHS is an obligation of employers in the public and private sector in accordance with International Conventions, Directives of the European Union and provisions of the internal legal order. The article aims to present the most important challenges that employees in the Greek public sector face in the field of OHS, mainly through the study of the legal framework and the good practices of the public sector in other countries, as well as the comparison with those in force in the private sector. It also quotes initiatives that can be taken in order to prevent and improve the safety and health conditions of the employees, in the light of a complex economic, social, political and technological environment, where new occupational hazards are constantly emerging, as recently demonstrated by the spread of the COVID-19 pandemic. In this way, the institutional framework of the OHS in the public sector can be aligned with the modern requirements and contribute to the improvement of the lives of the employees, the better provision of services to the citizens and the increasing efficiency of the public sector.

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THE EUROPEAN PILLAR OF SOCIAL RIGHTS

THE EUROPEAN PILLAR OF SOCIAL RIGHTS

Author(s): Ligia Valentina Mirișan / Language(s): English Issue: 1/2021

The European Pillar of Social Rights is a high-profile political reaffirmation of twenty social rights and principles. Its implementation deploys the full EU governance arsenal: regulations, directives, recommendations, communications, new institutions, funding actions, and countryspecific recommendations. As such, the static imagery evoked by a ‘pillar’ does not capture the true nature of the initiative, which is dynamic and fluid, wide-ranging, and permeating. An equation of the Pillar with the set of twenty rights and principles it proclaims similarly fails to capture its true significance, which lies in its programmatic nature. Several important measures have already been proposed as part of this new social action plan for Europe, some of which are close to adoption. This Article analyses the meaning of the Pillar and its potential significance, by considering its contentsensu largo, and its broader context. It argues that even if the Pillar cannot address all the EU's social failings, it has put a surprising social spin on the Better Regulation Agenda that was threatening to erode the social acquis, it has rekindled the EU's relationship with the International Labour Organization and Council of Europe, and it helps rebalance the EU's output by reviving the use of the Treaty's Social Title

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OCDE furnizează asistență tehnică detaliată pentru reguli-model ale Pilonului Doi în vederea unui impozit global minim de 15%
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OCDE furnizează asistență tehnică detaliată pentru reguli-model ale Pilonului Doi în vederea unui impozit global minim de 15%

Author(s): Cosmin Flavius Costaş / Language(s): Romanian Issue: 2/2022

Noutăţi Fiscale: OCDE furnizează asistență tehnică detaliată pentru reguli-model ale Pilonului Doi în vederea unui impozit global minim de 15% TVA pentru e-commerce: Comisia face un pas suplimentar în lupta împotriva fraudei Impozitarea muncii part-time la nivelul OCDE Noile reguli TVA privind cumpărăturile online au adus venituri semnificative pentru Statele Membre în primele 6 luni de aplicare

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Jurisprudență Fiscală Istorică a CurțIi de JustițIe a Uniunii Europene – Cauza C-175/88, Klaus Biehl v. Administration Des Contributions
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Jurisprudență Fiscală Istorică a CurțIi de JustițIe a Uniunii Europene – Cauza C-175/88, Klaus Biehl v. Administration Des Contributions

Author(s): Laura Lazăr / Language(s): Romanian Issue: 2/2022

Guaranteeing a real right to free movement of workers would be impossible without the elimination of all forms of income control discrimination existing in the Member States. Both direct fiscal discrimination measures and indirect fiscal discrimination measures, i.e. fiscal measures with general applicability, but which affect workers, foreign nationals from other states, are prohibited. The Biehl jurisprudence contributed to the prohibition of national tax measures that applied different tax treatment in the application of income tax, depending on the residence of the taxpayer or the duration of the worker’s stay in the territory of the host state.

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THE COVID-19 PANDEMIC AND ITS EFFECTS ON THE CONCEPTS OF QUARANTINE AND TEMPORARY INCAPACITY FOR WORK, SOCIAL SECURITY RISKS INSURED WITHIN THE INSURANCE SYSTEM FOR HEALTH INSURANCE LEAVES AND ALLOWANCES

Author(s): Carmen Constantina Nenu,Honțaru Octavia-Sorina / Language(s): English Issue: 1/2022

The national regulatory dynamics generated by the need of an answer to the changes of social life created by the sanitary emergency situation, also influenced the provisions of the Government Emergency Ordinance no. 158/2005, as approved with amendments and additions by Law no. 399/2006, with further amendments and additions. These regulatory provisions were correlated to the ones of Law no. 136/2000 on the establishment of some measures in the field of public health in situation of epidemiological and biological risk, as republished, with further amendments and additions, with regard to providing an easier access to the medical leave certificates in cases where the isolation of insured persons is imposed. Another purpose of the amendments was to make responsible the persons travelling for personal interest in areas where there is an epidemic, epidemiologic or biological risk with another high pathogen agent, and who, upon their return to the Romanian territory, entered in medical quarantine leave in order not to become such risk factors for the persons coming into contact with them.

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GARANCIJE I POVREDE PRAVA NA SUĐENJE U RAZUMNOM ROKU U SPOROVIMA ZA ZAŠTITU PRAVA IZ RADNOG ODNOSA

GARANCIJE I POVREDE PRAVA NA SUĐENJE U RAZUMNOM ROKU U SPOROVIMA ZA ZAŠTITU PRAVA IZ RADNOG ODNOSA

Author(s): Ivana Grubešić,Denis Martini / Language(s): Bosnian Issue: 29/2021

The paper begins by articulating the significance of the right to a trial within reasonable time which constitutes a fundamental right guaranteed by international conventions, constitutions and the laws. The protection of this right is among the core values of Bosnia and Herzegovina's constitutional order and it is therefore of critical importance to the citizens of Bosnia and Herzegovina and the state itself. The main part of the paper comprises the analysis of the right to trial within reasonable time in labor disputes, which includes an overview of the safeguards and infringements of this right. Special attention is given to the case law established by the Constitutional court of Bosnia and Herzegovina and the European Court of Human Rights. The aim of the paper is to clearly define this right within the framework of national and international law, which is a prerequisite to efficient protection thereof.

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Prawne aspekty walki z terroryzmem w krajowym porządku prawnym na tle wyzwań kształtowanych prawodawstwem europejskim

Prawne aspekty walki z terroryzmem w krajowym porządku prawnym na tle wyzwań kształtowanych prawodawstwem europejskim

Author(s): Piotr Burczaniuk / Language(s): Polish Issue: 1 (1)/2022

W artykule podjęto temat prawnych aspektów walki z terroryzmem w krajowym porządku prawnym na tle wyzwań kształtowanych prawodawstwem europejskim. Analizowane zagadnienie jest ciekawe z uwagi na brak szerszych i aktualnych analiz prowadzonych w obszarze nauk prawnych, poświęconych przedstawieniu i eksplikacji prawodawstwa obejmującego przedmiotowo problematykę walki z terroryzmem. Niniejsze opracowanie jest próbą wypełnienia tej luki badawczej.W celu kompleksowego przybliżenia tematu i realizacji celów postawionych w artykule rozważania poprowadzono w sześciu zasadniczych częściach. We wstępie zakreślono tezę pracy oraz jej cele, następnie kolejno: dokonano analizy kształtowania regulacji prawnych prawa krajowego nakierowanych na przeciwdziałanie terroryzmowi; omówiono znaczenie ustawy o działaniach terrorystycznych w normatywnym systemie zwalczania terroryzmu w Polsce, z uwzględnieniem perspektywy i doświadczeń pięciolecia jej obowiązywania; zaprezentowano aktualny stan prawny Unii Europejskiej w obszarze terroryzmu; opisano perspektywy i wyzwania regulacyjne prawa polskiego na tle działań legislacyjnych organów UE; dokonano podsumowania prowadzonych rozważań, zakreślając perspektywy i wyzwania regulacyjne stojące przed prawodawcą krajowym na tle kierunków projektowanych rozwiązań legislacyjnych w Unii Europejskiej. [The article deals with the legal aspects of the fight against terrorism in the national legal system in the context of the challenges shaped by European legislation. The analysed issue is interesting due to the lack of broader and current analyses conducted in the field of legal sciences, devoted to the presentation and explication of legislation covering the subject matter of the fight against terrorism. This study is an attempt to fill this research gap.In order to provide a comprehensive overview of the topic and to achieve the objectives set out in the article, the study is divided into six main parts. In the introduction, the thesis and its objectives are outlined, then sequentially: an analysis of the formation of legal regulations of domestic law aimed at counter-terrorism is made; the importance of the Act on anti-terrorist activities in the normative system of counter-terrorism in Poland is discussed, taking into account the perspective and experience of five years of its implementation; the current legal status of the European Union in the area of terrorism is presented; the perspectives and regulatory challenges of Polish law in the background of legislative activities of EU bodies are described; the considerations carried out are summarized, outlining the perspectives and regulatory challenges facing the domestic legislator in the background of the directions of the projected legislative solutions in the European Union.]

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Flexibilní režim čerpání rodičovského příspěvku a slad'ování rodičovství s placenou prací

Flexibilní režim čerpání rodičovského příspěvku a slad'ování rodičovství s placenou prací

Author(s): Olga Nešporová / Language(s): Czech Issue: 6/2015

The article focuses on transformations with regard to the parental allowance and parental leave between 2007 and 2014 as well as on the results of the reform of parental benefits with regard to the reconciliation of parental and professional responsibilities. It employs the latest quantitative data from the Ministry of Labour and Social Affairs database on parental benefits and Czech data from two waves of TransPARENT international qualitative research from the years 2011 to 2014. The research was based on interviews with 16 parent couples who were expecting the birth of their first child and with the same couples when the child reached the age of one-and-a-half years. The article presents the views and real-life experiences of parents with concern to the reconciliation of their parental roles and paid employment. The possibility of reducing the period over which parental allowance is received whilst maintaining the total volume of the benefit was found to encourage women to return more quickly to the labour market. At the conception level, it was found that parents do not perceive caring for very young children as presenting an obstacle to work for the female partner; however, limits were perceived in terms of the ways in which to provide for the care of children when the woman is at work.

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