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Shh! You Are Being Listened To! Clandestine Recordings of Workplace Conversations in Quebec (Canada) (Revue de droit comparé du travail et de la sécurité sociale)
: Is an employee permitted to record a conversation without the employer’s knowledge? This paper will first outline the relevant case law on the admissibility of clandestine recordings obtained by the employer without the employee’s knowledge. It will then be followed by an examination of a recent case to determine whether the previously articulated principles apply mutatis mutandis . Finally, it will provide a critical analysis of the broader implications of such a solution in employment
Étude de la jurisprudence russe SUR LA démission involontaire (Revue de droit comparé du travail et de la sécurité sociale)
: Cet article concerne la résiliation d’un contrat de travail à l’initiative du salarié en Russie. Dans une première partie, il s’intéresse à la procédure accompagnant la démission, ainsi que les conséquences de son non-respect. La seconde partie examine les cas de démission avec le vice de consentement du salarié et leurs conséquences. La présente étude est basée sur les résultats des analyses de la jurisprudence des Cours d’appel et de cassation sur la période de 2012 à 2023. This article focuses on the termination of a labour contract on the employe’s initiative (resignation) in Russia. In the first part, the authors describe the procedure accompanying the resignation, as well as the consequences of its non-compliance. In the second part, the authors examine cases of resignation without the employee’s will and their consequences. The article is based on the results of analyses of case law of appeal and cassation courts for the period from 2012 to
The review of Concluding observations of HRC and CESCR adopted in 2022 (Revue de droit comparé du travail et de la sécurité sociale)
: In 2022 the Human Rights Committee (HRC) held three sessions and considered the reports of Ethiopia, Japan, Kyrgyzstan, Nicaragua, Philippines, Russian Federation, China (Hong Kong), China (Macau), Georgia, Ireland, Luxembourg, Uruguay, Bolivia, Cambodia, Iraq, Israel and Qatar . It analyzed the problems of forced labour, discrimination (particularly of women, Roma and disabled people), protection of the freedom of association and the restrictions of the right to strike. The Committee on Economic, Social and Cultural Rights (CESCR) held two sessions and adopted the concluding observations in respect of Bahrain, Belarus, Czech Republic, Democratic Republic of the Congo, Serbia, Uzbekistan, El Salvador, Guatemala, Italy, Luxembourg, Mongolia and Tajikistan . It focused, in particular, on the issues of minimum wage, discrimination and unemployment. Provided the wide scope of the concluding observations, we will first focus on the topic of business and human rights, then on the issue of
The Employment of Young Women in Tunisia under the Ordeal of Gender Based Discrimination (Revue de droit comparé du travail et de la sécurité sociale)
: Despite the increase in girls’ schooling and their performance first at school and then at university compared with men, young women are discriminated against in employment in Tunisia. Beyond differences in physical, age, social and economic conditions, all women suffer discrimination simply because they are women. Not to mention the cascading discrimination based on disability, social origin and nationality, young women are the most exposed to the danger of violence, economic exploitation and even human trafficking. However, in the aftermath of the Revolution, politicians became aware of the need to speed up the establishment of gender equality. However, the various legal texts adopted have not been effective and have only partially changed the reality for young women, including in the workplace. Despite the measures taken to promote de facto equality in the labour market, persistent discrimination against young women hinders their access to employment on an equal footing with
Implications for the Gig Economy in Ireland? Analysis of the Karshan Limited v the Revenue Commissioners Ruling (Revue de droit comparé du travail et de la sécurité sociale)
: The implications for employment law of the rise in numbers of people working in the Gig Economy have received significant attention in many countries in recent years. The changing nature of employment in a digital era has given rise to uncertainty regarding some of the core features of the traditional employment relationship. Thus, the employment status of those working in what is considered non-standard employment such as casual workers or those in the gig economy, has been tested through the courts on numerous occasions, with varying outcomes. Central to such cases is determining whether or not an employment relationship exists, notably whether individuals should be considered employees under a contract of service or independent contractors under a contract for service (or some intermediary category such as « worker status » as in the UK for example). Determining employment status is often the first step in cases, as the application of employment law, employee rights and other