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Home » 2012 » September » 4 » THE LABOUR PROTECTION IS IN INDUSTRY. LECTURE №1.
16:29
THE LABOUR PROTECTION IS IN INDUSTRY. LECTURE №1.
THE LABOUR PROTECTION IS IN INDUSTRY.
LECTURE №1.
INTERNATIONAL NORMS ARE IN INDUSTRY OF LABOUR PROTECTION
QUESTIONS


1. SOCIAL RESPONSIBILITY IS IN QUESTIONS OF LABOUR PROTECTION
2. Labour protection as inalienable constituent of social responsibility.
A standard of SA 8000 is «Social responsibility». International standard of ISO 26000 «Setting on social responsibility».
3. Legislative basis of European Union on questions of labour protection.
4. Labour norms of International organization of labour. Conventions and Recommendations ILO.
5. International cooperation is in industry of labour protection. Basic directions of collaboration.

1. SOCIAL RESPONSIBILITY IS IN QUESTIONS OF LABOUR PROTECTION
A large value in the decision of questions of safety of vital functions has a social aspect, namely social responsibility of employers for safe and harmless labour of workers in any sphere of activity of man. Practice of decision of questions of labour protection shows on a production that engineering technical decisions of these questions, can not provide high-quality and effective defence of workers fully. It is necessary to take into account a human factor, including, to promote social and moral responsibility of employers for the created terms of labour. The questions of labour protection, as areas of sciences, are examined in a lecture.

2. INTERNATIONAL STANDARDS of SOCIAL RESPONSIBILITY of SA 8000 I ISO 26000
Lately became much to spare attention social responsibility for creation of safe terms of labour. The international standard of SA 8000:1997 appeared «Social responsibility», which is primary edition of standard of SA 8000, uniform, exposed to the revision of standard, intended for the checking of the third party system. Exposed to the periodic revision, the standard of SA 8000 will be perfected as the interested parties are determined by the ways of his development, corrections are designated and terms change. The table of contents of standard is included by the followings sections: purpose and sphere of activity; normative elements and their interpretation: determination (interactive sides and sphere of action of standard); requirements of social responsibility.
As a purpose and sphere of activity, this standard determines requirements on social responsibility with that to give companies possibility: and) to develop, support and conduct in life a politician, and procedures with the purpose of management those problems which it can control and on which can have influence; б) to show the interested parties, that a policy, procedures and reality, are in accordance with the requirements of this standard. The requirements of the real standard are universal and spread everywhere, regardless of geographical location of company.
On a standard, the forced labor is any work or favour, executable any person under threat of any punishment, on which, the indicated person did not offer itself voluntarily. On this basis, defence of children: all of necessary support and actions, undertaken for providing of safety, health, education and development of children, exposed to child's labour determination of which was indicated higher and release from work.
The requirements of social responsibility are resulted in 4 sections of standard in accordance with categories is labour of child, forced labor, health and safety, freedom of association and right on negotiations about the collective bargaining, discrimination (limitation is in rights), disciplinary measures, working hours, payment of labour, control the system. All of these norms are painted on criteria. For example, criteria of working hours:
•A company will operate in accordance with the applied laws and industry standards, touching burn-time; in any case, from a personnel can not be demanded on regular basis work, exceeding 48 hours in a week and in the flow of every seven days must be given, at least, off one day.
• A company will watch after that over the fixed time (over 48 hours in a week) did not exceed 12 hours at every working in a week and, that a requirement in overwork arose up only in exceptional cases and under short-term circumstances and always compensated bonus payment.

An international standard of ISO 26000:2010 is «Control the system by social responsibility. Requirements», examines going near an evaluation and certification of the existent system management and its creation social responsibility, if such norm absents. The standard of ISO 26000 is given by guidance for all of types of organizations, regardless of their size and location, to on: to conceptions, terms and determinations, to related to social responsibility; to pre-conditions, tendencies and descriptions of social responsibility; to principles and practices, to related to social responsibility; to the basic themes and problems of social responsibility; to integration, introduction and distribution socially of responsible conduct in organization and, by means of its policy and practices, within the framework of its sphere of influence; to authentication of the interested parties and co-operating with them; to the exchange by information on obligations and effectiveness, and also by other information in area of social responsibility.
The standard of ISO 26000 is intended in an order to help organizations to endow in steady development. He is intended in an order to offer to them to be not limited to the observance of legislation, acknowledging that an observance of legislation is the fundamental duty of any organization and inalienable part of its social responsibility. He is intended in an order to provide the mutual understanding in area of social responsibility and complement other instruments and initiatives in area of social responsibility, but not in an order to replace them.

ISO 26000 is intended in an order to give organizations of recommendation in relation to social responsibility and can be utillized as an element of realization of public policy. However for the aims of the Marrakesh agreement, creating Worldwide point-of-sale organization (ISO), he is not intended in an order to be interpreted as a «international standard», «guidance» or «recommendations», and also not intended in an order to ground for supposition or conclusion about that one or another measure conforms to the requirements of ISO. Moreover, he is not intended in an order to ground for juristic acts, complaints, defence or other statements in any international one, national or other trials, and also not intended in an order to be quoted as a certificate the evolution of ordinary international law. This International standard is not intended in an order to prevent development of more concrete, more demanding national standards or national standards of other type.

Organization - society - interested parties
Expectation - influence of decisions and activity - interests

In introduction it is said to the standard of ISO 26000, that organizations in the whole world, as well as participants of their projects, all anymore realize a requirement in a socially responsible conduct. There are different interpretations of social responsibility, the standard therefore acknowledged at an international level can help to attain a general prospect and understanding of principles and application in practice of social responsibility.
The purpose of social responsibility is an assistance steady development, health and welfare of society.

Social responsibility becomes one of major factors which influence on organization all anymore. More than some time before organization is examined in intercommunication with a social environment which it functions in, its influence, on a natural environment, and it has an extremely important value for the general picture of organization and its ability to function effectively. It reflects the growing awareness of necessity of maintenance of healthy ekosistem, social equality and management organizations partly. Organizations become the object of intent attention of the different interested parties all anymore, including users, workers, trade unions, members, association, ungovernmental organizations, students, financiers, donors, investors, companies and other commercial organizations. The awareness of social responsibility of organization can influence on: general reputation of organization; its ability to attract and retain workers, and/or members; maintenance of morale of personnel and productivity; opinion of investors, donors, sponsors and financial association; its mutual relations with a government, mass medias, suppliers, equal on a level organizations, users and association which organization functions in.

Seven basic subjects
1. organizational management;
2. human rights;
3. labour practices;
4. environment;
5. conscientious business practices;
6. problems, related to the users;
7. participation in lives of associations and their development.

Economic aspects, also as aspects, related to the health and safety and chainlet of creation of valueadded, are engulfed within the framework of seven basic that in accordance with maintenance. Distinctions are also taken into account in that, how affected each of seven key that men and women.
Each of basic contains the spectrum of problems, related to social responsibility that. They are described in this section along with the actions and expectations related to them. Social responsibility is dynamic and reflects the evolution of concern social and ecological problems, therefore in the future can arise up other problems.
Action in relation to these basic that and problems must be based on principles and practices of social responsibility. In relation to every basic theme of organization it is necessary to define and control everything problems which render important or substantial influence on its decisions and activity. At the estimation of applicability of problem it is necessary to take into account short-term and long-term aims. Nevertheless, there is not beforehand set procedure in which it follows organization to examine basic themes and work out problems; this order will depend on organization and its strategy.

In spite of the fact that all of basic themes are associate and complement each other, nature of organizational management aught differs from other basic that. An effective organizational management gives organizations possibility to undertake actions in relation to other basic that and problems and to inculcate principles:
- Accountability. Principle: it follows organization to be accountable for its affecting society and environment.
- Transparency. Principle: it follows organization to be transparent in its decisions and activity, which render affecting society and environment.
- Ethics conduct. Principle: it follows organization constantly to behave ethics.
- Respect of interests of the interested parties. Principle: it follows organization to respect, take into account and react on interests of its interested parties.
- Observance of supremacy of law. Principle: it follows organization to accept that the observance of supremacy of law is obligatory.
- Observance of international codes of conduct. Principle: it follows organization to observe the international codes of conduct, here following principle of observance of supremacy of law.
- Observance of human rights. Principle: it follows organization to observe human rights and acknowledge their importance and generality

It follows organization to examine basic themes as unit; that it follows it to examine all of basic themes of both problem and their intercommunication, but not it is simple to be concentrated on the decision of one problem. It is necessary to provide, that separate improvements, directed on the decision of separate problem, do not affect negatively decision of other problems or does not render the negative affecting life cycle of products or services, on its interested parties or on the chainlet of creation of valueadded.
Undertaking action in reply to these basic themes and problems, and integrating social responsibility within the framework of the decisions and activity organization can score important advantages

Basic themes and problems of social responsibility
Organizational management
Human rights
Problem 1: Due foresight
Problem 2: Situations that to tie with a risk for human rights
Problem 3: Avoidance of participation
Problem 4: Satisfaction of complaints
Problem 5: Discrimination and vulnerable groups
Problem 6: Civil and political laws
Problem 7: Economic, social and cultural rights
Problem 8: Basic rights in the field of job
Labour practices
Problem 1: Renting and labour relations
Problem 2: Terms of labour and social defence
Problem 3: Social dialog
Problem 4: Labour protection and safety in the workplace
Problem 5: Development of human potential and teaching in the workplace
Environment
Problem 1: Prevention of contamination
Problem 2: Steady resurs suplly
Problem 3: Softening of change of climate and adaptation to him
Problem 4: Defence and renewal of natural natural environment
Conscientious business practices
Problem 1: Counteraction a corruption
Problem 2: Responsible engaging in a policy
Problem 3: Honest competition
Problem 4: Propaganda of social responsibility within the framework of sphere of influence
Problem 5: Respect of ownership rights
Problems, related to the users
Problem 1: Honest practices of marketing, informing and entering into contracts
Problem 2: Defence of health and safety of users
Problem 3: Steady consumption
Problem 4: Service and support of users and permission of disputes
Problem 5: Protection of data and providing of confidentiality of users
Problem 6: Access to services of daily necessity
Problem 7: Education and increase of knowledge
Participation in lives of associations and their development
Problem 1: Participating in [lives] associations
Problem 2: Education and culture
Problem 3: Creation of employment and development of skills
Problem 4: Development of technologies
Problem 5: Creation of welfare and profit
Problem 6: Health
Problem 7: Social investments
The real international standard is presented by guidance on lyings in basis of social responsibility to principles, main questions and problems, to touching social responsibility, and methods of providing of social responsibility in organization. A standard is applicable for all of types of organizations, regardless of their size or location, including government and ungovernmental agencies, and also for enterprises, as every organization renders affecting society and environment. He is intended to help organization to attain a mutual trust with the interested parties, improving their performance indicators in area of social responsibility. The real international standard is not intended for state organizations, presenting executive, legislative and executive power. ISO does not have plenary powers to dictate, estimate or imply, what duties of the states or their governments must be. Nevertheless, governmental structures can wish guidance for informing about their policy in area of social responsibility.
A standard is voluntarily and not intended for a certification, obligatory or contract application, the third party. He does not create untariff barriers in trade, and also does not make alteration in the legal duties of organization. Any organization can show the social responsibility, applying this international standard, involving the interested parties, observing national laws, and also respecting principles of the internationally-acknowledged codes of conduct. This international standard is offered by guidance for organizations on introduction socially of responsible conduct in existent organizational strategies, systems, practices and processes, and also strongly emphasizes to the results and improvement of performance indicators. This standard was developed with participation of experts in different areas from almost 80 countries, making 6 different groups of the interested parties: users; governments; to industry; worker; ungovernmental organizations (NPO); and also services, providing, researches and other Certain pushes were made, to obtain transparency and wide participation of different groups of the interested parties. In addition, the special position was accepted for an assistance participation of developing countries and providing of gendernogo balance in project groups.
In a labour legislation the concept of social partnership is formulated, as a system of mutual relations between workers (by the representatives of workers), employers (by the representatives of employers), public authorities, organs of local self-government, directed on providing of concordance of interests of workers and employers on questions of adjusting of labour relations and other relations directly related to them. Public authorities and organs of local self-government are the sides of social partnership in those cases, when they come forward as employers or their representatives, upolnomochennykh on a representative office by a legislation or employers, and also in other cases, foreseen federal laws. Basic principles of social partnership it is been: equality of rights of sides; respect and account of interests of sides; personal interest of sides in participating in contractual relations; assistance of the state in strengthening and development of social partnership on democratic basis; observance sides and their representatives of laws and other normative legal acts; plenipotentiaryness of representatives of sides; freedom of choice at the discussion of questions, included in the sphere of labour; voluntarily of acceptance sides on itself obligations; reality of obligations, assumed sides; obligatoryness of implementation of collective agreements, agreements; control above implementation of the accepted collective agreements, agreements; responsibility of sides, their representatives for non-fulfillment through their fault of collective agreements, agreements. The sides of social partnership are workers and employers in the person of upolnomochennykh in accordance with established procedure representatives. The system of social partnership includes the followings levels: state level, setting bases of adjusting of relations in the field of labour in Ukraine; regional level, setting bases of adjusting of relations in the field of labour in a region; of a particular branch level, setting bases of adjusting of relations in the field of labour in industry (industries); territorial level, setting bases of adjusting of relations in the field of labour in municipal education; level of organization, setting concrete mutual obligations in the field of labour between workers and employer. Social partnership is carried out in forms: collective negotiations on preparation of projects of collective agreements, agreements and to their conclusion; mutual consultations (negotiations) on questions of adjusting of labour relations and other relations directly related to them, providing of guarantees of labour rights for workers and perfection of labour legislation; participation of workers, their representatives in a management organization; participating of representatives of workers and employers in pre-trial permission of labour disputes. An employer is under an obligation to create terms, providing activity of representatives of workers, in accordance with Code about labour, by laws, collective agreement, agreements.

1. EUROPEAN RIGHT, RIGHT for European UNION And RIGHT for EUROPEAN COMMUNITIES
Concepts «The European right», «right for European Union» and «right for European communities»-, are not identical, and it is necessary to distinguish them from each other . Term the «European right» is utillized for denotation of that part between folk legal norms by means of which relations are regulated between the European states. This term is designate all of aggregate of the national legal systems, in spite of their very substantial, at times of principle differences.
The European right is the special legal system, wrap-round legal establishments of the European system of defence of human rights and European integration right, regulative mutual relations, accordion in the process of European integration. The last includes, in future to introduction to the action of Constitution of ES, right for European communities and right for the European union, and equal the fields of law, formed in the making and evolutions of European integration educations.
A right for European communities and right for the European union is in a great deal consilient, but not identical concepts . Legal mode of Associations, formative the first support of Union, general foreign policy and policy in area of safety, generatrix the second support of Union, and a collaboration of polices and courts in an ugolovno-pravovoy sphere is the third support of Union - have considerable differences. It touches, in particular, such important descriptions, as an origin of legal norms, order of action, circle of subjects and jurisdiction defence.
Term «right for European communities» fully acceptable and legitimate, when speech goes about denotation of that part of norms of the European right, which are indissolubly related to existence and functioning of European communities. They possess particular legal treatment and properties by virtue of it. Historically a right for Associations is preceded a right for ES and saves the meaningfulness, individuality and originality and in the period of passing to creation of the single and whole system of right for ES.
The European right unites legal establishments of the European system of defence of human rights and integration right for ES. A right for ES forms an anchorwoman and most mnogoplanovuyu constituent of the European right. At the same time the European quarantinable system of defence right and freedoms of man all closer closes up with a law and order of ES.
The own object of adjusting has the European right is the European integration process, the object is public relations, caused to life and related to development of European integration, the system right, uniting a number of the fields of the European law. On the row of fundamental parameters it is autonomous originally. As to component part of the European right an object, object and system of the European right, is also inherent a right for ES, but only in that part in accordance with which a right for ES operates and spreads on the states-members of ES and not protivorechit to him.
The sphere of conduct of right ES carries the strictly limited character . Principles, fixed in basis of distributing of jurisdiction ES the states-members and realization of jurisdiction Union:
1) principle of delegation of powers - ES possesses that jurisdiction which is passed to him the states-members only. All other plenary powers, straight not passed the constituent acts of ES, are saved after the states members;
2) principle of subsidiarnosti and proportion - determines terms and order of realization of jurisdiction ES. Subsidiarnost' means that outside exceptional jurisdiction all of the foreseen plenary powers are carried out ES, if they can not be properly carried out the states-members. A proportion supposes that during realization of activity of ES of his action neither on maintenance nor in a due form must not go beyond limits, required for achievement of aims ES.
Aims and principles of the European union
Aims of ES are basic directions of creation and activity of ES. To the number the aims of ES belong:
1) in the field of rights and freedoms of man is an assistance claim of the world, general values and welfare of people. Called ES to provide the citizens freedom, safety, legality, which become firmly established on all of space of ES regardless of internal scopes. In relationships with the outer world of ES proclaims a purpose advancement and defence of the values and interests;
2) in the field of economics - ES puts the purpose the construction of single internal market and providing of free and conscientious competition. To the number the major aims of ES taken progressive and steady development, providing the balanced economic getting up, construction of social market economy, assistance employment and social progress, defence of iuluchshenie quality of environment, providing of scientific and technical progress;
3) in a social sphere is a fight against social alienation, discriminations, assistance justice and social defence, providing of equality of rights of man and woman, solidarity of generations and defence of rights for a child. Among the major aims of ES economic, social and territorial solidarity and solidarity appear between the states-members. Called ES also to respect riches and variety of national cultures and languages and provide defence and development of European cultural property.
Coming from the put aims concrete tasks which decide ES during his functioning are formulated:
а) construction of common and single internal market;
б) creation of economic and currency union;
в) economic and social rallying;
г) assistance researches in a scientific sphere and technological progress;
д) realization of row of tasks is in a social sphere, such as an increase of employment;
е) contribution to achievement high level of health protection and education;
ж) vocational training and development of culture;
з) measures on defence of environment and defence of rights for an user;
и) providing of harmonization of national legislation.

Basic principles of ecological policy of European Union
Principles which the European ecological policy is based on :
а) principle is guards of environment high level;
б) principle of caution;
в) principle of preventive actions;
г) principle of removal of sources of harm;
д) «zagryaznitel' pays principle».
Principle high level is guards of environment - one of major and basic principles of ecolaw of Association. Principle behaves not only to activity of Commission but also to zakonotvorcheskoy activity of European parliament and Advice. However limited application of principle is a wide difference in possibilities of the different states .
Aims and tasks of ES are carried out on principles of subsidiarnosti and proportion is ES during realization of the plenary powers, if he operates out of sphere of exceptional jurisdiction, must assume realization of necessary measures only in case that they can not be properly and effectively carried out at the level of the states of members

Labour norms of International organization of labour. Conventions and Recommendations are ILO

A company will also observe principles of the followings international documents and, foremost ILO - to International organization of labour (UNO):
Conventions ILO 29 and 105 (Forced and obligatory labor)
Conventions ILO 87 (Freedom of association)
Conventions ILO 98 (Right on negotiations about the collective bargaining)
Conventions ILO 100 and 111 (Equal payment of labour of men and women for equal labour; discrimination)
Conventions ILO 135 (Conference of representatives of workers)
Conventions ILO 138 and Recommendations 146 (Minimum age and Recommendations)
Conventions ILO 155 and Recommendations 164 (Safety of labour and health care)
Conventions ILO 159 (Professional rehabilitation and persons, workings on naymu/netrudosposobnye)
Conventions ILO 177 (Nadomnaya work)
To universal declaration of human of convention of UNO rights on rights for a child.
International cooperation is in industry of labour protection.
Basic directions of collaboration:
United Nations.
Worldwide organization of health protection.
International agency from atomic energy.
International organization of labour.
European Union.
Newly independent states.

Conclusions

In Ukraine accepted and many international conventions and agreements operate, however fastened they must be as legislative acts or standards of Ukraine on a labour protection, as it is done by our neighbours in Russia. Perfection of law of Ukraine «o takes a place a labour protection» practically annually, that from one side well, and with other, does his not predictable, as from it begin (or owe) to change other normative documents, touching the questions of labour protection. Social responsibility for a labour protection in Ukraine at normative level is while reflected very poorly, it is therefore necessary anymore to spare attention experience of the European countries and at state level to accept standards and positions for its introduction in industries of industry and in all of spheres of activity of man.

Literature
1. Проект сближения нормативной правовой базы по охране труда и безопасности Европейского Союза и Российской Федерации /Интернет ресурс-http://www.fooder.ru/page/z_tk_2.html
2. Европейское право, право евросоюза и право европейских сообществ /Интернет ресурс-http://lib.rus.ec/b/176604/read
3. ISO 26000 - Руководство по социальной ответственности/Интернет ресурс -http://www.csrjournal.com/lib/instruments/1693-rukovodstvo-po-socialnojj-otvetstvennosti-iso.html
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