The Evolving Project of Labour Law

The Evolving Project of Labour Law

Author: John Howe

Publisher:

Published: 2017-05

Total Pages: 336

ISBN-13: 9781760021313

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This collection draws together contributions from leading Australian and international labour law scholars, based on papers delivered at a conference to mark the 21st birthday of the Centre for Employment and Labour Relations Law at the University of Melbourne. Collectively, the contributions provide an account and exploration of labour law scholarship's evolution over the last two decades, and its future trajectory. They explore a number of enduring and emerging themes in labour law, including:The Foundations of Labour Law ScholarshipFrom Labour Law to Labour Market RegulationLabour Law, Equality and Human RightsEffectiveness and Enforcement in Labour LawSidestepping the Law Through Legal StructuresInternational and Comparative Labour Law PerspectivesThe Future of Work and Labour LawThe book offers conclusions about the progress that labour law scholarship has made in facing fundamental changes in the organisation of capital, work and labour markets, as well as suggesting ideas for how labour law might continue to evolve to meet new challenges.


Re-Imagining Labour Law for Development

Re-Imagining Labour Law for Development

Author: Diamond Ashiagbor

Publisher: Bloomsbury Publishing

Published: 2019-07-25

Total Pages: 293

ISBN-13: 1509913114

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The aim of this book is to explore labour law's conceptual and normative narrative. If labour law is informed by the wider political and economic landscape within which it operates, then given the declining prevalence of the post-war model of full employment within a formal welfare state regime, what shape does or should labour law assume in response to the transformation of the political economy in countries of the global North? Correspondingly, what is the proper role to be played by labour law and labour relations institutions in the development process within industrialising countries of the global South, where informal employment has long been, and remains, the predominant form? Drawing on the expertise of leading labour law scholars, this collection addresses those questions by examining the growth and continued prevalence of informality. Offering research that is both empirically grounded and doctrinally astute, the book explores the changing character of labour law in the global North and South.


The New Foundations of Labour Law

The New Foundations of Labour Law

Author: Kerstin Ahlberg

Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften

Published: 2017

Total Pages: 0

ISBN-13: 9783631718506

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This book explores the effects of globalisation and digitalisation to labour law. The authors discuss how a changed political setting influences the foundations of contemporary labour law, and the challenges that new business models and forms of labour mobility put to regulating working life.


Democracy, Social Justice and the Role of Trade Unions

Democracy, Social Justice and the Role of Trade Unions

Author: Caroline Kelly

Publisher: Anthem Press

Published: 2021-09-07

Total Pages: 234

ISBN-13: 1785277812

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Trade unions worldwide face a powerful paradox at this critical juncture: collective organisations for workers are urgently needed and yet there are serious pressures undercutting the legitimate role of trade unions. The aim of this book is to examine how trade unions can effectively navigate this deeply contradictory challenge. It is underpinned by the conviction that trade unions are – and should be – vital institutions for democracy and social justice. Written by leading scholars in industrial relations and labour law as well as those in political philosophy and political science, the collection tackles a range of pressing topics for trade unions including: the climate crisis; the COVID-19 pandemic; economic democracy; democracy within trade unions; precarious work; and election campaigns.


Research Methods in Labour Law

Research Methods in Labour Law

Author: Alysia Blackham

Publisher: Edward Elgar Publishing

Published: 2024-08-06

Total Pages: 445

ISBN-13: 1803925256

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This Handbook provides an accessible overview of the different methods, approaches and theories which can be used to enrich labour law research. Drawing on cutting-edge research projects, leading scholars present insights and reflections on the past, present and future of labour law scholarship.


The Capability Approach to Labour Law

The Capability Approach to Labour Law

Author: Brian Langille

Publisher: Oxford University Press

Published: 2019-04-04

Total Pages: 437

ISBN-13: 0192573101

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Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at the nature of the basic relationship between CA and labour law-do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.


The Future of Unions and Worker Representation

The Future of Unions and Worker Representation

Author: Anthony Forsyth

Publisher: Bloomsbury Publishing

Published: 2022-01-13

Total Pages: 343

ISBN-13: 1509924981

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This book charts the path to revitalisation for trade unions in Australia, the USA, the UK, and Italy. It examines the examples of innovation and digital campaigning that are enabling unions to build new forms of worker power – and overcome decades of declining membership wrought by neoliberalism, globalisation, and hostility from employers and the state. The study evaluates the responses of unions in each country to falling membership levels since the 1980s. It considers the US 'organising model' and its adoption in Australia and the UK, comparing this with the strategies of Italian unions which have been more deliberately focused on precarious and migrant workers. The increasing reliance of US unions on community alliances, as seen in the 'Fight for $15' and similar campaigns, is scrutinised along with new union prototypes like Hospo Voice in Australia, the Independent Workers' Union of Great Britain and SI Cobas in Italy. The book includes an in-depth analysis of union responses to the gig economy in the four countries, and the emergence of self-organised worker collectives to combat this exploitative business model. The vital role played by unions in defending the interests of workers during the COVID-19 pandemic is also examined. As well as highlighting the most successful union initiatives to meet the challenges of the past 30 years, the book assesses the strengths and deficiencies of the legal framework for union representation in the four nations. It identifies the labour law reforms needed to rebuild collectivism, but argues that more is needed than favourable laws. This cross-national study provides a rich basis for identifying the combination of reforms, strategies and linkages required to ensure that unions can remain relevant for a new generation of digitally-active workers.


Theorising Labour Law in a Changing World

Theorising Labour Law in a Changing World

Author: Alysia Blackham

Publisher: Bloomsbury Publishing

Published: 2019-09-05

Total Pages: 301

ISBN-13: 1509921575

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This collection brings together perspectives from industrial relations, political economy, political theory, labour history, sociology, gender studies and regulatory theory to build a more inclusive theory of labour law. That is, a theory of labour law that is more inclusive of non-traditional workers (including those in atypical work, or from non-traditional backgrounds); more inclusive of a variety of collective approaches to work regulation that foster solidarity between workers; and more inclusive of interdisciplinary and complex explanations of labour law and its regulatory spaces. The individual chapters speak to this theme of inclusivity in different ways and offer different suggestions for how it might be achieved. They break down the barriers between legal research and other fields, to promote fruitful and integrative conversations across disciplines. In the spirit of inclusivity and intergenerational dialogue, the book blends contributions from early career and emerging scholars with those from leading scholars in the field, featuring critical commentary from senior labour law figures alongside theoretically and empirically informed work.


Patterns of Exploitation

Patterns of Exploitation

Author: Anna K. Boucher

Publisher: Oxford University Press

Published: 2023

Total Pages: 313

ISBN-13: 0197599117

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"With an estimated 164 million workers globally, migrant workers are an essential component of contemporary workplaces. Despite their number and indispensability in the global economy, these workers suffer workplace violations that range from underpayment of wages, to unsafe work conditions through to sexual assault and even industrial manslaughter. Patterns of Exploitation documents the bases for exploitation. It does this through a comparison of labor laws and practices in six labor law jurisdictions and four countries, over a twenty-year period: Australia, Canada (Ontario, British Columbia and Alberta), the United Kingdom (England) and the United States (California). Starting with a startling new database (the Migrant Worker Rights Database) of 907 court cases involving 1,912 migrants, this unprecedented study offers in-depth analysis of seven court cases to document individual migrant experiences. It draws upon 53 interviews with leading counsel (and other actors) on both sides of litigation to provide an assessment of the patterns of exploitation that emerge. The central factors informing these narratives are ethnicity, gender, occupational sector, visa status, trade union membership and enforcement policy. Yet, the key factor that explains variation across cases is the industrial relations systems of these four countries. This central finding emphasizes ongoing institutional resilience in labor market regulation, even within most-similar liberal market economies that these cases represent"--