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Author: Hugh Collins
Publisher:
Published: 2018
Total Pages: 369
ISBN-13: 0198825277
DOWNLOAD EBOOKThe first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.
Author: Valentina Cagnin
Publisher: Kluwer Law International B.V.
Published: 2020-06-05
Total Pages: 280
ISBN-13: 9403520817
DOWNLOAD EBOOKLabour Law and Sustainable Development is a detailed reconstruction of the regulatory framework and jurisprudential findings of sustainable development at the international, European and national level. The global crisis of the past decade has underlined the social unsustainability of the ultra-liberalistic theories through which the labour law deregulation represents the precondition for social and economic development coherent with the globalization imperatives. It is no exaggeration to assert that the existing foundations of labour law have been irreversibly compromised. It is essential to find a way out of the crisis, at the same time defining the founding values of new sustainable labour law. In linking labour law with the sustainability paradigm, this provocative book promises to widen the scope and terms of the reconciliation of interests, taking into account the multiplicity of the stakeholders interested in economic, social and environmental issues and, in particular, to practise an approach that achieves intergenerational equity. What’s in this book: In an unprecedented comparative study, including case law, of the network of principles, agreements, practices and norms concerning sustainable development and its different economic and social implications, the author examines such facets as the following: sustaining solidarity and equality of opportunity in current and emerging work situations; enhancing individual autonomy in the current world of (subordinate but independent) labour; reconciling personal needs, flexible organization of companies and reduction of external and internal costs to companies; collective action for the regulation of labour relations allowing for the exercise of individual autonomy; involving entire populations that have been so far excluded in the world scene; developing a sustainable pension system to promote intergenerational solidarity; implementing flexicurity policies positively; social clauses of international trade treaties; undoing the profound contradiction of gender and wage inequalities; and promoting corporate social responsibility. The objective of this book is to provide the reader with a reasoning basis to assess whether the choice to elect sustainable development as a new paradigm of reference for labour law is feasible, and if, in particular, this choice can be useful in order to define the founding values of a new ‘sustainable’ labour law. How this will help you: Using an interdisciplinary approach, the author emphasizes the need to consider the various dimensions of sustainability together, not only the original environmental but also the economic and social dimensions. This book offers a real strategic leap for both legislators and social actors, in particular leading the way to avoiding a fracture of the generational pact that has held together modern societies. Although the book presents a profound academic contribution to the analysis of labour law realities and trends, it will also be welcomed by corporate lawyers, judges, human rights experts, trade unionists, business managers, entrepreneurs and consultants interested in the issues of labour, sustainable development and social rights.
Author: Silvia Rainone
Publisher: Kluwer Law International B.V.
Published: 2023-05-17
Total Pages: 371
ISBN-13: 9403530065
DOWNLOAD EBOOKIn an unresolved ongoing debate, the Court of Justice of the European Union (CJEU) is often included among the institutional actors responsible for the declining condition of labour law in Europe. Has its case law been more protective of employers’ interests than of workers’ rights? This innovative book greatly enhances the discussion by bringing to light the judicial lawmaking logic, other than those pertaining to the balancing of social and business values, that drive the CJEU’s reasoning in its interpretation of the labour law provisions enshrined in the European Union (EU) law, with particular attention to the directive on transfer of undertakings. Addressing fundamental issues – such as uneven bargaining power, labour as a commodity, coexistence of workers’ rights and the market economy – in the context of judicial lawmaking, the author clearly defines the tensions at work: What normative models underlie the approaches of EU institutional policymakers with respect to labour law? Does the CJEU have its own vision of the socioeconomic model to which the Union should adhere? How does the CJEU’s interpretative approach stand in relation to the transformation processes that regulators impose on labour law? Is the CJEU particularly attentive to the preferences expressed by national governments, especially those from the most politically influential states, or rather reflect the political pressure of the European Commission? What is the role of trans-judicial dynamics in shaping the CJEU’s reasoning in labour law cases? The study is extraordinarily thorough, drawing on a wide range of policy documents, scholarly and doctrinal research, and the entire body of the CJEU’s case law on transfer of undertakings. The legal arguments that the CJEU has developed over the years are mapped and classified according to their affinity with the labour law functions that underlie them. With its comprehensive assessment of the normative implications of EU policymaking in the labour and social domains, its thorough exploration of the CJEU’s judicial lawmaking dynamics, and its extensive empirical legal analysis of the CJEU’s case law on transfer of undertakings, the book has no peers in revealing the forces that guide the CJEU’s decisions in the realm of labour law. Of particular value to scholars and researchers interested in EU social policies and constitutional law, the book will also prove of immeasurable value to labour law practitioners aiming to use the case law of the CJEU, as well as to in-house counsel, industrial relation specialists, and trade unionists.
Author: ROBERT A.. FINKIN GORMAN (MATTHEW W.. GLYNN, TIMOTHY P.)
Publisher: Foundation Press
Published: 2021-02-23
Total Pages: 1295
ISBN-13: 9781684679812
DOWNLOAD EBOOKThe Seventeenth Edition makes a number of significant changes to its predecessor, reflecting the evolution of the law relating to employers, employees, and unions in a dynamic economy and polarized political environment. This edition includes new decisions of the National Labor Relations Board appointed by President Trump, which has departed in many, significant ways from the approach of the Board under the Obama Administration. The Trump Board's starkly different outlook on the role of labor law in the contemporary workplace is reflected in its overturning or reversing precedents on many key issues, such as protections for employee electronic communications, accountability for employers in "fissured" enterprises, and treatment of various other employer restrictions on collective employee activity. The book also contains judicial decisions addressing these developments, evincing the growing conflicts over the role of labor unions in society. This edition supplies a comprehensive revision in light of major legal shifts occurring from 2016 through 2020, notably Newly revised NLRB representation election rules SuperShuttle and more, addressing the distinction between employees and independent contractors The Boeing Company, adopting a new and markedly different framework for analyzing whether facial neutral workplace rules interfere with Section 7 rights, including rules addressing matters such as employee use of cameras in the workplace and workplace civility standards Caesars Entertainment, reverting to the Board's prior approach (under The Register Guard) to rules on employee use of employer email for concerted activity The NLRB General Counsel's advocacy of stricter limitations on neutrality agreements Newly enacted rules overturning Browning-Ferris and narrowing the scope of joint employer status Alstate Maintenance, seemingly narrowing the scope of concerted activity for mutual aid or protection Epic Systems, in which the Supreme Court rejected the Board's decision in Murphy Oil, thereby unwinding protection against contractual waivers of the capacity to participate in group arbitration or adjudication of employment-related claims General Motors, adopting a new approach to determining when allegedly abusive conduct loses protection under Section 7. MV Transportation, abandoning the "clear and unmistakable" standard for determining whether a CBA waives the duty to bargain and replacing it with a "contract coverage" standard. New discussion problems and exercises throughout the text offer students the opportunity to engage with this new material, illustrating how exciting and challenging the study of labor law is today.
Author: Guy Davidov
Publisher: OUP Oxford
Published: 2013-01-17
Total Pages: 780
ISBN-13: 0191648078
DOWNLOAD EBOOKLabour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.
Author: John D. R. Craig
Publisher: Cambridge University Press
Published: 2006-04-03
Total Pages: 35
ISBN-13: 1139452622
DOWNLOAD EBOOKHow are national and international labour laws responding to the challenge of globalization as it re-shapes the workplaces of the world? This collection of essays by leading legal scholars and lawyers from Europe and the Americas was first published in 2006. It addresses the implications of globalization for the legal regulation of the workplace. It examines the role of international labour standards and the contribution of the International Labour Organization, and assesses the success of the European experiment with continental employment standards. It explores the prospects for hemispheric co-operation on labour standards in the Americas, and deals with the impact of international labour standards on the rights of women and migrant workers. As the nature and organization of work around the world is being decisively transformed, new regional and international institutions are emerging that may provide the platform for new labour standards, and for protecting existing ones.
Author: Craig Calhoun
Publisher: John Wiley & Sons
Published: 2012-01-17
Total Pages: 578
ISBN-13: 0470655674
DOWNLOAD EBOOKThis comprehensive collection of classical sociological theory is a definitive guide to the roots of sociology from its undisciplined beginnings to its current influence on contemporary sociological debate. Explores influential works of Marx, Durkheim, Weber, Mead, Simmel, Freud, Du Bois, Adorno, Marcuse, Parsons, and Merton Editorial introductions lend historical and intellectual perspective to the substantial readings Includes a new section with new readings on the immediate "pre-history" of sociological theory, including the Enlightenment and de Tocqueville Individual reading selections are updated throughout
Author: Arne L. Kalleberg
Publisher: Russell Sage Foundation
Published: 2011-06-01
Total Pages: 309
ISBN-13: 1610447476
DOWNLOAD EBOOKThe economic boom of the 1990s veiled a grim reality: in addition to the growing gap between rich and poor, the gap between good and bad quality jobs was also expanding. The postwar prosperity of the mid-twentieth century had enabled millions of American workers to join the middle class, but as author Arne L. Kalleberg shows, by the 1970s this upward movement had slowed, in part due to the steady disappearance of secure, well-paying industrial jobs. Ever since, precarious employment has been on the rise—paying low wages, offering few benefits, and with virtually no long-term security. Today, the polarization between workers with higher skill levels and those with low skills and low wages is more entrenched than ever. Good Jobs, Bad Jobs traces this trend to large-scale transformations in the American labor market and the changing demographics of low-wage workers. Kalleberg draws on nearly four decades of survey data, as well as his own research, to evaluate trends in U.S. job quality and suggest ways to improve American labor market practices and social policies. Good Jobs, Bad Jobs provides an insightful analysis of how and why precarious employment is gaining ground in the labor market and the role these developments have played in the decline of the middle class. Kalleberg shows that by the 1970s, government deregulation, global competition, and the rise of the service sector gained traction, while institutional protections for workers—such as unions and minimum-wage legislation—weakened. Together, these forces marked the end of postwar security for American workers. The composition of the labor force also changed significantly; the number of dual-earner families increased, as did the share of the workforce comprised of women, non-white, and immigrant workers. Of these groups, blacks, Latinos, and immigrants remain concentrated in the most precarious and low-quality jobs, with educational attainment being the leading indicator of who will earn the highest wages and experience the most job security and highest levels of autonomy and control over their jobs and schedules. Kalleberg demonstrates, however, that building a better safety net—increasing government responsibility for worker health care and retirement, as well as strengthening unions—can go a long way toward redressing the effects of today’s volatile labor market. There is every reason to expect that the growth of precarious jobs—which already make up a significant share of the American job market—will continue. Good Jobs, Bad Jobs deftly shows that the decline in U.S. job quality is not the result of fluctuations in the business cycle, but rather the result of economic restructuring and the disappearance of institutional protections for workers. Only government, employers and labor working together on long-term strategies—including an expanded safety net, strengthened legal protections, and better training opportunities—can help reverse this trend. A Volume in the American Sociological Association’s Rose Series in Sociology.
Author: Judy Fudge
Publisher: Routledge
Published: 2013-08-29
Total Pages: 234
ISBN-13: 1136278486
DOWNLOAD EBOOKUnfree labor has not disappeared from advanced capitalist economies. In this sense the debates among and between Marxist and orthodox economic historians about the incompatibility of capitalism and unfree labor are moot: the International Labour Organisation has identified forced, coerced, and unfree labor as a contemporary issue of global concern. Previously hidden forms of unfree labor have emerged in parallel with several other well-documented trends affecting labor conditions, rights, and modes of regulation. These evolving types of unfree labor include the increasing normalization of contingent work (and, by extension, the undermining of the standard contract of employment), and an increase in labor intermediation. The normative, political, and numerical rise of temporary employment agencies in many countries in the last three decades is indicative of these trends. It is in the context of this rapidly changing landscape that this book consolidates and expands on research designed to understand new institutions for work in the global era. This edited collection provides a theoretical and empirical exploration of the links between unfree labor, intermediation, and modes of regulation, with particular focus on the evolving institutional forms and political-economic contexts that have been implicated in, and shaped by, the ascendency of temp agencies. What is distinctive about this collection is this bi-focal lens: it makes a substantial theoretical contribution by linking disparate literatures on, and debates about, the co-evolution of contingent work and unfree labor, new forms of labor intermediation, and different regulatory approaches; but it further lays the foundation for this theory in a series of empirically rich and geographically diverse case studies. This integrative approach is grounded in a cross-national comparative framework, using this approach as the basis for assessing how, and to what extent, temporary agency work can be considered unfree wage labor
Author: Brian Opeskin
Publisher: Cambridge University Press
Published: 2012-09-27
Total Pages: 495
ISBN-13: 1139576852
DOWNLOAD EBOOKInternational migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context.
