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Article
Publication date: 31 May 2023

Rajshree Karbhari Gethe and Ashish Pandey

This paper aims to clarify an impact of Maternity Benefits Act, 1961 (Amendment 2017) on job employment of working mothers. It proposes the certain facts that has positive impact…

Abstract

Purpose

This paper aims to clarify an impact of Maternity Benefits Act, 1961 (Amendment 2017) on job employment of working mothers. It proposes the certain facts that has positive impact on employment of women from the point of view of Government of India, but at the same time it highlights some negative implications that are faced by the employers and working mothers. The objective of this act is to provide a woman with a financial assistance and make her free from engaging in any work so as to protect health of “New Mother” and “New Born child”. Also, the act ensures women to take care of her child without having worry about loss of her job and loss of her employment.

Design/methodology/approach

This paper carries efforts of researcher done on the topic of “Impact of Maternity Benefits Act, 1961 (Amendment 2017)” and measures its impact on employers and job employment of working mothers in India through literature review from various sources like SCOPUS, EMERALD, EBSCO, PROQUEST, SAGE, etc. The paper opted for an exploratory study using the questionnaire approach of grounded theory, including 50 in-depth interviews of working mothers.

Findings

Outcome of this describes both positive and negative implications of this amendment on businesses and job employment of working mothers. It throws the limelight on implementation of this act in real life and identification of problems and stress faced by women employee either to get the job or to retain the job during pregnancy period which is very hazardous to the health of women and her inborn child also.

Research limitations/implications

Because of the chosen research approach, the research results may lack generalizability. Therefore, researchers are encouraged to test the proposed propositions further.

Practical implications

The paper includes implications of the Maternity Benefits Act, 1961 (Amendment 2017) on employers whether to hire women employee or not and on women though they are having capability to do work but because of ignorance of government on ensuring proper implementation of act, women are not getting opportunity to work after baby birth.

Originality/value

This paper fulfils an identified need to study and find some measures for effective implantation of Maternity Benefits Act, 1961 (Amendment 2017) so as to protect and regulate employment of women workers before and after child birth so as to increase female labour force participation rate.

Details

International Journal of Law and Management, vol. 65 no. 5
Type: Research Article
ISSN: 1754-243X

Keywords

Book part
Publication date: 19 April 2024

Rania Maktabi

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific…

Abstract

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific lens: A married woman's legal capacity to initiate and obtain divorce without the husband's consent. Building on the works of Stein Rokkan and Reinhard Bendix on the expansion of citizenship to the ‘lower classes’, it is argued that amendments in divorce law by introducing in-court divorce for women, in addition to out-of-court divorce, is a significant institutional change that extends legal equality between men and women. The introduction of in-court divorce expands female citizenship by bolstering woman's juridical autonomy and capacity in state law. Changes in divorce laws are thus part of state centralization by means of standardizing rules that regulate family law through public administrative institutions rather than religious organizations. Two questions are addressed: First, how did amendments in divorce laws occur after independence? Second, in which ways did women's bolstered legal capacity in divorce have a spill over effect on reforms in other patriarchal state laws? Based on observations on sequences of change in four states in North Africa, it is argued that amendments that equalize between men and women in divorce should be seen as a key driver for reforms in other state laws, that reduce legal inequality between male and female citizens. In all four states, women's citizenship was extended in nationality law and criminal law after amendments in divorce law gave women unilateral legal power to exit a marital relationship.

Details

A Comparative Historical and Typological Approach to the Middle Eastern State System
Type: Book
ISBN: 978-1-83753-122-6

Keywords

Article
Publication date: 9 November 2022

Muhammad Saleem Korejo, Erum Naseer Korejo, Ramalinggam Rajamanickam, Muhamad Helmi Md. Said and Nazir Ullah

This paper aims to provide an analysis of National Accountability Ordinance 1999 (NAO) after June 2022 amendments. It raises a key question whether the new legislation is…

Abstract

Purpose

This paper aims to provide an analysis of National Accountability Ordinance 1999 (NAO) after June 2022 amendments. It raises a key question whether the new legislation is effective and improves anti-corruption operating system in Pakistan.

Design/methodology/approach

This paper performs an analysis of recent amendments incorporated in NAO from the observations of superior courts, United Nations Corruption Convention and Financial Action Task Force (FATF) guidelines and also evaluates new legislation in terms of effectiveness in anti-corruption campaign.

Findings

This paper finds that ample amendments are inessential, and thus may largely jeopardize accountability process; changes appear to be intentionally crafted to benefit some selected group of people: the definition of asset is compressed; the onus of proof is shifted on the informer; and provisions of money trail, foreign evidence and protection of approver are abolished; such changes defy to the UN Corruption Convention and FATF guidelines. A legislation endorsed from all stakeholders is suggested; additionally, improved strategies proposed to strengthen accountability process while keeping in view the constitutional issues relevant in the course of anti-corruption investigations.

Originality/value

This paper is unique in the context of the anti-corruption strategies in Pakistan, highlighting the legal laxness of new government regarding corruption and money laundering.

Details

Journal of Financial Crime, vol. 30 no. 5
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 13 October 2022

Ping He

The purpose of this paper is to introduce the background and significance of criminalization of self-money laundering in China and to analyze its application in judicial practice.

Abstract

Purpose

The purpose of this paper is to introduce the background and significance of criminalization of self-money laundering in China and to analyze its application in judicial practice.

Design/methodology/approach

This paper introduces the international and domestic background of the criminalization of self-money laundering, demonstrates the theoretical basis and practical significance of the changes of Article 191 in the 11th amendment to the criminal law and puts forward solutions to some controversial issues in judicial practice.

Findings

The 11th amendment to the Criminal Law, which came into force in March 2021, criminalizes self-money laundering under Article 191 and has brought an impact on the traditional theory of criminal law. There are no similar amendments to the other two crimes, namely, Article 312 and Article 349, which lead to some confusion in the judicial practice, especially in the understanding of the number of crimes, and the meaning of proceeds of crime. This paper puts forward solutions to some controversial issues in judicial practice.

Originality/value

This paper introduces the criminalization of self-money laundering in the 11th amendment to the criminal law in China, presents a comprehensive description of and comments on the difference between the Article 191 and its similar articles, namely, Article 312 and Article 349, to make a well understanding in the application of law in judicial practice, which would be beneficial to theoretical researchers and judicial professionals.

Details

Journal of Money Laundering Control, vol. 27 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

Open Access
Article
Publication date: 18 December 2023

Can Huang, Cong Cao and Wim Coreynen

Since 2015, China has made efforts to reform its intellectual property rights (IPR) system to better protect and stimulate innovation. These reforms are a result of the demand for…

Abstract

Purpose

Since 2015, China has made efforts to reform its intellectual property rights (IPR) system to better protect and stimulate innovation. These reforms are a result of the demand for more stringent intellectual property (IP) protection from China’s domestic, innovative industries and a measure to ease the pressure exerted by its foreign trading partners, particularly against the background of the US-China trade dispute that started at the beginning of 2018. This paper summarizes these reforms and their implications.

Design/methodology/approach

This paper combines a variety of sources, including academic articles, government websites, news reports, industry surveys and expert opinions, to offer insights in China’s IPR system and its recent reforms.

Findings

This paper summarizes and discusses (1) the state’s law amendments, including the 2015 amendment of the “Law on Promoting the Transformation of Scientific and Technological Achievements”, the second amendment of the “Anti-Unfair Competition Law” with regard to trade secret protection, the fourth amendment of the “Patent Law”, and the legislations and regulations addressing the criticisms of the US administration over China’s so-called “forced” technology transfer policies; (2) the establishment of the specialized IP courts and tribunals since 2014; (3) the restructuring of the State IP Office; and (4) the issuing of an “Outline for Building an IPR Powerhouse (2021–2035)”.

Originality/value

This paper highlights China’s efforts to make its IPR system stronger and more just. It also discusses international observers’ reactions and pinpoints specific areas for further improvement.

Details

Asia Pacific Journal of Innovation and Entrepreneurship, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2071-1395

Keywords

Article
Publication date: 30 August 2023

Waliya Gwokyalya, Ibrahim Mike Okumu and Solomon Rukundo

This paper aims to analyse how the law on income taxation of small businesses in Uganda has evolved from the pre-colonial to the present day.

Abstract

Purpose

This paper aims to analyse how the law on income taxation of small businesses in Uganda has evolved from the pre-colonial to the present day.

Design/methodology/approach

The study used doctrinal legal research based on existing documentation on empirical research from Ugandan laws, institutional writings, books and journal articles.

Findings

The study established that there has been various promulgations and amendment of the law on income taxation of small businesses geared at simplifying the law, expanding the tax base and improving the tax yield from this sector. However, the law still bears limitations, some of which have existed from way back before the current legal regime on presumptive tax. Thus, the income tax yield from small businesses continues to be low over the years. It posits that it is not clear whether small business owners understand the legislations on presumptive income tax to enable us to determine with certainty that further amendments have the potential of enhancing an increased tax yield, which has not been attained over the years.

Originality/value

Limited work has been undertaken on the historical development of the income taxation of small businesses in a developing country like Uganda. This study provides an initial synthesis of the literature on the evolution of income tax laws for small businesses in an economy that had been earlier neglected by scholars.

Details

International Journal of Law and Management, vol. 66 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Open Access
Article
Publication date: 11 November 2019

Maysa Abbas Ayoub

This paper aims to understand the discrepancy between Germany’s immediate positive response to the so-called “Europe 2015's refugee crisis“ and the strict asylum legislation…

22797

Abstract

Purpose

This paper aims to understand the discrepancy between Germany’s immediate positive response to the so-called “Europe 2015's refugee crisis“ and the strict asylum legislation adopted in Germany in the following year.

Design/methodology/approach

The discrepancy is attributed to external and internal forces. The external force is Germany’s obligation to adhere to the Common European Asylum System. The internal force is the role of the different policy actors. The paper focuses on the role of the media as an example of a private policy actor. Through adopting the theory of the social construction of target populations, the paper studies how the media constructs “asylum seekers”, the target of the new asylum legislation. The role of the media is analyzed using the methodology of qualitative content analysis of a selected number of newspaper articles.

Findings

The majority of the studied articles problematized receiving and hosting refugees and focused on the reason behind migration differentiating between asylum seekers fleeing conflict areas and all others who might be abusing the asylum channel. The findings of the content analysis, as such, resonate with the amendments that focused on facilitating the integration of accepted “refugees” but restricted further entry. As such, it could be argued that these findings explain the influence of the media on the amendments and as such provide an explanation to the discrepancy between the initial response and the amendments.

Research limitations/implications

The analysis focused on one newspaper. The findings, as such, are not representative. The aim is only to provide an example of how the German media dealt with the refugee crisis and to suggest using the theory chosen by the paper to analyze the link between asylum legislation and the construction of asylum seekers. To understand how asylum legislation is influenced by how asylum seekers are constructed, more studies are needed. Such studies could analyze the role played by other media outputs and/or the role played by other policy actors in constructing the target of the policy.

Originality/value

The media’s response is based on analyzing a sample of newspaper articles published by a German newspaper following the so-called 2015 refugee crisis. Accordingly, the findings represent an original endeavor to understand how the media reacted to the crisis.

Details

Review of Economics and Political Science, vol. 8 no. 6
Type: Research Article
ISSN: 2356-9980

Keywords

Executive summary
Publication date: 28 September 2023

NORTH KOREA: Nuclear amendment is mostly symbolic

Details

DOI: 10.1108/OXAN-ES282291

ISSN: 2633-304X

Keywords

Geographic
Topical
Executive summary
Publication date: 11 April 2024

UKRAINE: Amendments to draft bill cause anger

Details

DOI: 10.1108/OXAN-ES286371

ISSN: 2633-304X

Keywords

Geographic
Topical
Expert briefing
Publication date: 10 April 2024

The amendments introduce the new legal concept of ‘foreign representative’. The bill was signed into law on April 2 and will apply to all NPOs that receive foreign funding and…

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