The papers presented here originated at a wonderful conference held at Middlesex University in London attended by experts on the subject of vulnerable workers and precarious work from all over the world. The aim here is to examine different aspects of these topics, showing the need for developing further research in connection with these areas of study.
The leading academic authorities contributing to this book have been involved in major studies carried out for international organisations, individual governments, and national trades' union organisations; in Vulnerable Workers they consider the growth of job insecurity, the prevalence of flexible or temporary work, and the emergence of precarious forms of self-employment. They look at the new market economies of post-communist Eastern Europe and China, where economic development may occur at the expense of workers' lives and health; 'misclassification' by employers of workers as 'contractors', denying them access to rights; and the plight of migrant, transient and 'invisible' workers. The impact of supply chain business strategies on the most vulnerable workers; and on the complex relationships between levels of job security and the presence of different kinds of risks are similarly assessed. The contributors also propose responses to the challenges they highlight. The role of employee representatives is examined, together with the potential to enhance worker capability through organisational change. New legislative approaches, and changes to traditional compensation and social security systems are considered. Academics and researchers, policy makers, regulators, trades unionists and occupational health professionals - and wise employers - will all find a use for this book.
A free ebook version of this title is available through Luminos, University of California Press’s Open Access publishing program for monographs. Visit www.luminosoa.org to learn more. Precarious Claims tells the human story behind the bureaucratic process of fighting for justice in the U.S. workplace. The global economy has fueled vast concentrations of wealth that have driven a demand for cheap and flexible labor. Workplace violations such as wage theft, unsafe work environments, and discrimination are widespread in low-wage industries such as retail, restaurants, hospitality, and domestic work, where jobs are often held by immigrants and other vulnerable workers. How and why do these workers, despite enormous barriers, come forward to seek justice, and what happens once they do? Based on extensive fieldwork in Northern California, Gleeson investigates the array of gatekeepers with whom workers must negotiate in the labor standards enforcement bureaucracy and, ultimately, the limited reach of formal legal protections. The author also tracks how workplace injustices—and the arduous process of contesting them—carry long-term effects on their everyday lives. Workers sometimes win, but their chances are precarious at best.
The shifting nature of employment practice towards the use of more precarious work forms has caused a crisis in classical labour law and engendered a new wave of regulation. This timely book deftly uses this crisis as an opportunity to explore the notion of precariousness or vulnerability in employment relationships. Its logical structure situates vulnerability in its developmental context before moving on to examine the goals of the regulation of labour law for vulnerability, its current status in the law and case studies of vulnerability such as temporary agency work and domestic work.
The leading academic authorities contributing to this book have been involved in major studies carried out for international organisations, individual governments, and national trades' union organisations; in Vulnerable Workers they consider the growth of job insecurity, the prevalence of flexible or temporary work, and the emergence of precarious forms of self-employment. They look at the new market economies of post-communist Eastern Europe and China, where economic development may occur at the expense of workers' lives and health; 'misclassification' by employers of workers as 'contractors', denying them access to rights; and the plight of migrant, transient and 'invisible' workers. The impact of supply chain business strategies on the most vulnerable workers; and on the complex relationships between levels of job security and the presence of different kinds of risks are similarly assessed. The contributors also propose responses to the challenges they highlight. The role of employee representatives is examined, together with the potential to enhance worker capability through organisational change. New legislative approaches, and changes to traditional compensation and social security systems are considered. Academics and researchers, policy makers, regulators, trades unionists and occupational health professionals - and wise employers - will all find a use for this book.
The papers contained in this booklet were presented at the transnational conference “Employment/Working Conditions, Occupational Safety and Health of Posted Workers” in Ljubljana, Slovenia (15 February 2017). The conference brought together experts (researchers and practitioners) from several European countries to discuss the existing and new challenges related to OSH (occupational safety and health), labour, and working conditions of posted workers. The conference served as the launch event of the POOSH project, financed by the European Comission (Programme EaSI PROGRESS) and led by Dr. Kristina Toplak from the Slovenian Migration Institute at ZRC SAZU. The booklet is covering the topic of the OSH of posted workers from several angles. The first part is framed around contributions given by researchers working in the field of labor mobility, with the focus on the occupational safety and health of posted workers. The second part contains contributions from practitioners working in NGOs, trade unions or Ministries of Labour who presented their work as well as discussed national and transnational legislations related to the OSH of posted workers. / V knjižici so predstavljeni prispevki z mednarodne konference »Zaposlitveni/delovni pogoji ter varnost in zdravje pri delu napotenih delavcev«, ki se je odvijala 15. februarja v Ljubljani. Na konferenci so sodelovali raziskovalci in strokovnjaki iz več evropskih držav, ki so razpravljali o obstoječih in novih izzivih povezanih z varnostjo in zdravjem pri delu ter o delovnih pogojih napotenih delavcev. Konferenca je del POOSH projekta, ki ga vodi Dr. Kristina Toplak iz ISIM ZRC SAZU, financira pa ga Evropska komisija (Program EaSI PROGRESS). V knjižici je tematika napotenih delavcev osvetljena z več zornih kotov. Prvi del temelji na prispevkih raziskovalcev, ki se ukvarjajo z mobilnostjo in delovnimi migracijami, s poudarkom na tematiki varnosti in zdravja pri delu napotenih delavcev. Drugi del vsebuje prispevke strokovnjakov, predvsem predstavnikov nevladnih organizacijah, sindikatov ali ministerstev, ki so v prispevkih predstavili svoje delo in razpravljali o nacionalnih in nadnacionalnih zakonodajah, ki se nanašajo na napotene delavce ter na področje varnosti in zdravja pri delu.
Since the renaissance of market politics on a global scale, precarious work has become pervasive. Divided into two parts, the first section of this cross-disciplinary book analyses the different forms of precarious work that have arisen over the past thirty years. These transformations are captured in ethnographically orientated chapters on sweatshops; day labour; homework; unpaid contract work of Chinese construction workers; the introduction of insecure contracting in the Korean automotive industry; and the insecurity of Brazilian cane cutters. The editors and contributors then collectively explore trade union initiatives in the face of precarious work and stimulate debate on the issue.
The shifting nature of employment practice towards the use of more precarious work forms has caused a crisis in classical labour law and engendered a new wave of regulation. This timely book deftly uses this crisis as an opportunity to explore the notion of precariousness or vulnerability in employment relationships. Arguing that the idea of vulnerability has been under-theorised in the labour law literature, Lisa Rodgers illustrates how this extends to the design of regulation for precarious work. The book’s logical structure situates vulnerability in its developmental context before moving on to examine the goals of the regulation of labour law for vulnerability, its current status in the law and case studies of vulnerability such as temporary agency work and domestic work. These threads are astutely drawn together to show the need for a shift in focus towards workers as ‘vulnerable subjects’ in all their complexity in order to better inform labour law policy and practice more generally. Constructively critical, Labour Law, Vulnerability and the Regulation of Precarious Work will prove invaluable to students and scholars of labour and employment law at local, EU and international levels. With its challenge to orthodox thinking and proposals for the improvement of the regulation of labour law, labour law institutions will also find this book of great interest and value.
Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment. Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour. The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.
