Boundaries And Frontiers Of Labour Law

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Boundaries and Frontiers of Labour Law

Author : Guy Davidov
Publisher : Bloomsbury Publishing
ISBN 13 : 184731287X
Total Pages : 438 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Boundaries and Frontiers of Labour Law by : Guy Davidov

Download or read book Boundaries and Frontiers of Labour Law written by Guy Davidov and published by Bloomsbury Publishing. This book was released on 2006-11-06 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour law has always been preoccupied with boundaries. One can either be an 'employee' or not, an 'employer' or not, and the answer dictates who comes within the scope of labour law, for better or worse. But such divisions have always been difficult, and in recent years their shortcomings have become ever more pronounced. The proliferation of new work arrangements and heightened global competition have exposed a world-wide crisis in the regulation of work. It is therefore timely to re-assess the idea of labour law, and the concepts, in particular the age-old distinctions - that are used to delimit the field. This collection of essays, by leading experts from around the world, explores the frontiers of our understanding of labour law itself. Contributors: Harry Arthurs, Paul Benjamin, Hugh Collins, Guy Davidov, Paul Davies, Simon Deakin, Mark Freedland, Judy Fudge, Adrin Goldin, Alan Hyde, Jean-Claude Javillier, Csilla Kollonay Lehoczky, Brian Langille, Enriqué Marin, Kamala Sankaran, Silvana Sciarra, Katherine Stone and Anne Trebilcock.

Boundaries and Frontiers of Labour Law

Author : Guy Davidov
Publisher :
ISBN 13 : 9781472563804
Total Pages : 413 pages
Book Rating : 4.5/5 (638 download)

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Book Synopsis Boundaries and Frontiers of Labour Law by : Guy Davidov

Download or read book Boundaries and Frontiers of Labour Law written by Guy Davidov and published by . This book was released on 2006 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour law has always been preoccupied with boundaries. One can either be an 'employee' or not, an 'employer' or not, and the answer dictates who comes within the scope of labour law, for better or worse. But such divisions have always been difficult, and in recent years their shortcomings have become ever more pronounced. The proliferation of new work arrangements and heightened global competition have exposed a world-wide crisis in the regulation of work. It is therefore timely to re-assess the idea of labour law, and the concepts, in particular the age-old distinctions - that are used to de.

Challenging the Legal Boundaries of Work Regulation

Author : Judy Fudge
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319785
Total Pages : 350 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Challenging the Legal Boundaries of Work Regulation by : Judy Fudge

Download or read book Challenging the Legal Boundaries of Work Regulation written by Judy Fudge and published by Bloomsbury Publishing. This book was released on 2012-07-11 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on paid work that blurs traditional legal boundaries and the challenge this poses to traditional forms of labour regulation, this collection of original case studies illustrates the wide range of different forms of regulation designed to provide decent work. The original case studies cover a diversity of workers from across developed and developing countries, the formal and informal economies and public and private work spaces. Each deals with the failings of traditional labour law, and several explore the capacity of different forms of regulatory techniques, such as commercial law, corporate codes of conduct, or supply chain regulation, to protect workers.

Temporary Labour Migration in the Global Era

Author : Joanna Howe
Publisher : Bloomsbury Publishing
ISBN 13 : 1509906290
Total Pages : 557 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Temporary Labour Migration in the Global Era by : Joanna Howe

Download or read book Temporary Labour Migration in the Global Era written by Joanna Howe and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the global era, controversies abound over temporary labour migration; however, it has not previously been subjected to a sustained socio-legal analysis on a comparative basis, critiquing the underpinning concepts conventionally accepted as fundamental in this area. This collection of essays aims to fill that void. Complex regulatory challenges arise from temporary labour migration. This collection examines these challenges and the extent to which temporary labour migration programmes can be ethical, equitable and efficacious and so deliver decent work for workers. Whilst the tendency for migration law to divide labour law's worker-protective mission has been observed before, the authors of the chapters comprising this collection seek not only to interrogate why and how this is so, but to go further in examining the implications and effects of a wide range of regulatory mechanisms on temporary labour migration.

Labour Law, Fundamental Rights and Social Europe

Author : Mia Rönnmar
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318371
Total Pages : 304 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Labour Law, Fundamental Rights and Social Europe by : Mia Rönnmar

Download or read book Labour Law, Fundamental Rights and Social Europe written by Mia Rönnmar and published by Bloomsbury Publishing. This book was released on 2011-09-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume, comprising three parts and ten chapters, all of them peer-reviewed essays, arises from the work of the Swedish Network for European Legal Studies. Its focus is on labour and social security law. The chapters, written by distinguished legal researchers associated with Swedish universities, provide insight into a range of topical and important developments, seeking new and interesting perspectives. Sweden has been a member of the European Union since 1995, and EU law and European law perspectives have been well integrated into Swedish labour law and social security law research. Within the European Social Model and the European Welfare State, Sweden (and to some degree the other Nordic countries as well) can be said to represent a specific system, as regards both labour law and industrial relations and social security law. In terms of influential comparative typologies or models (naturally 'flawed' by a certain element of vagueness and simplification, but also very helpful in analytical and pedagogical respects), Sweden has been described as a representative of, inter alia, a Nordic legal family, a Nordic labour law model, a social-collectivist industrial relations system, a consensual industrial relations system, a social-democratic welfare state regime, a Scandinavian social security law system (a 'sub-group' of the Beveridge system), and a coordinated market economy. But since 1995 EU law and European law perspectives have been extensively integrated into existing Swedish labour and social security law, and the chapters in this book go a long way in illustrating the far-reaching and multifaceted ways in which Swedish law has been 'Europeanised'.

Labour Law, Vulnerability and the Regulation of Precarious Work

Author : Lisa Rodgers
Publisher : Edward Elgar Publishing
ISBN 13 : 1784715751
Total Pages : 264 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Labour Law, Vulnerability and the Regulation of Precarious Work by : Lisa Rodgers

Download or read book Labour Law, Vulnerability and the Regulation of Precarious Work written by Lisa Rodgers and published by Edward Elgar Publishing. This book was released on 2016-03-25 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Theorising Labour Law in a Changing World

Author : Alysia Blackham
Publisher : Bloomsbury Publishing
ISBN 13 : 1509921575
Total Pages : 240 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Theorising Labour Law in a Changing World by : Alysia Blackham

Download or read book Theorising Labour Law in a Changing World written by Alysia Blackham and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Employment Law in Context

Author : David Cabrelli
Publisher : Oxford University Press
ISBN 13 : 0198748337
Total Pages : 969 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Employment Law in Context by : David Cabrelli

Download or read book Employment Law in Context written by David Cabrelli and published by Oxford University Press. This book was released on 2016 with total page 969 pages. Available in PDF, EPUB and Kindle. Book excerpt: A contextual, rigorous treatment of employment law, featuring a running case example to show exactly how the law works, and including extracts from key cases and source materials.

Enhancing Capabilities through Labour Law

Author : Supriya Routh
Publisher : Routledge
ISBN 13 : 1317910672
Total Pages : 284 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Enhancing Capabilities through Labour Law by : Supriya Routh

Download or read book Enhancing Capabilities through Labour Law written by Supriya Routh and published by Routledge. This book was released on 2014-03-26 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2002 the International Labour Organization issued a report titled ‘Decent work and the informal economy’ in which it stressed the need to ensure appropriate employment and income, rights at work, and effective social protection in informal economic activities. Such a call by the ILO is urgent in the context of countries such as India, where the majority of workers are engaged in informal economic activities, and where expansion of informal economic activities is coupled with deteriorating working conditions and living standards. This book explores the informal economic activity of India as a case study to examine typical requirements in the work-lives of informal workers, and to develop a means to institutionalise the promotion of these requirements through labour law. Drawing upon Amartya Sen’s theoretical outlook, the book considers whether a capability approach to human development may be able to promote recognition and work-life conditions of a specific category of informal workers in India by integrating specific informal workers within a social dialogue framework along with a range of other social partners including state and non-state institutions. While examining the viability of a human development based labour law in an Indian context, the book also indicates how the proposals put forth in the book may be relevant for informal workers in other developing countries. This research monograph will be of great interest to scholars of labour law, informal work and workers, law and development, social justice, and labour studies.

The Idea of Labour Law

Author : Guy Davidov
Publisher : OUP Oxford
ISBN 13 : 0191648078
Total Pages : 456 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Idea of Labour Law by : Guy Davidov

Download or read book The Idea of Labour Law written by Guy Davidov and published by OUP Oxford. This book was released on 2013-01-17 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour 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.

The Humanity of Private Law

Author : Nicholas McBride
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911960
Total Pages : 354 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Humanity of Private Law by : Nicholas McBride

Download or read book The Humanity of Private Law written by Nicholas McBride and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Humanity of Private Law presents a new way of thinking about English private law. Making a decisive break from earlier views of private law, which saw private law as concerned with wealth-maximisation or preserving relationships of mutual independence between its subjects, the author argues that English private law's core concern is the flourishing of its subjects. THIS VOLUME - presents a critique of alternative explanations of private law; - defines and sets out the key building blocks of private law; - sets out the vision of human flourishing (the RP) that English private law has in mind in seeking to promote its subjects' flourishing; - shows how various features of English private law are fine-tuned to ensure that its subjects enjoy a flourishing existence, according to the vision of human flourishing provided by the RP; - explains how other features of English private law are designed to preserve private law's legitimacy while it pursues its core concern of promoting human flourishing; - defends the view of English private law presented here against arguments that it does not adequately fit the rules and doctrines of private law, or that it is implausible to think that English private law is concerned with promoting human flourishing. A follow-up volume will question whether the RP is correct as an account of what human flourishing involves, and consider what private law would look like if it sought to give effect to a more authentic vision of human flourishing. The Humanity of Private Law is essential reading for students, academics and judges who are interested in understanding private law in common law jurisdictions, and for anyone interested in the nature and significance of human flourishing.

A Purposive Approach to Labour Law

Author : Guy Davidov
Publisher : Oxford University Press
ISBN 13 : 0191076848
Total Pages : 270 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis A Purposive Approach to Labour Law by : Guy Davidov

Download or read book A Purposive Approach to Labour Law written by Guy Davidov and published by Oxford University Press. This book was released on 2016-05-06 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The mismatch between goals and means is a major cause of crisis in labour law. The regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. This mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic changes in the labour market. Adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. It first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. The book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. Some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. The book offers several examples of the way a purposive analysis should be performed in concrete cases. It also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. Finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered.

Philosophical Foundations of Labour Law

Author : Hugh Collins
Publisher : Philosophical Foundations of L
ISBN 13 : 0198825277
Total Pages : 369 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Philosophical Foundations of Labour Law by : Hugh Collins

Download or read book Philosophical Foundations of Labour Law written by Hugh Collins and published by Philosophical Foundations of L. This book was released on 2019-02-12 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 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.

Re-Imagining Labour Law for Development

Author : Diamond Ashiagbor
Publisher : Bloomsbury Publishing
ISBN 13 : 1509913114
Total Pages : 296 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Re-Imagining Labour Law for Development by : Diamond Ashiagbor

Download or read book Re-Imagining Labour Law for Development written by Diamond Ashiagbor and published by Bloomsbury Publishing. This book was released on 2019-07-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Subjectivity, Citizenship and Belonging in Law

Author : Anne Griffiths
Publisher : Taylor & Francis
ISBN 13 : 131730814X
Total Pages : 273 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Subjectivity, Citizenship and Belonging in Law by : Anne Griffiths

Download or read book Subjectivity, Citizenship and Belonging in Law written by Anne Griffiths and published by Taylor & Francis. This book was released on 2016-10-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications.

The Concept of the Employer

Author : Jeremias Prassl
Publisher : OUP Oxford
ISBN 13 : 0191054437
Total Pages : 260 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Concept of the Employer by : Jeremias Prassl

Download or read book The Concept of the Employer written by Jeremias Prassl and published by OUP Oxford. This book was released on 2015-03-26 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment law has increasingly struggled to adapt to complex modern work arrangements, from agency work to corporate groups. This book suggests that the reason for this failure can be found in our concept of the employer, which has become riddled with internal contradictions in its search for a unitary employer, the counterparty to a bilateral contract, through a series of multi-functional tests focussed on the exercise of a range of employer functions. As a result of this tension, full employment law coverage is restricted to a narrow scenario where a single legal entity exercises all employer functions - a paradigm far from the reality of modern labour markets characterized by a fragmentation of work, from the rise of employment agencies and service companies to corporate groups and Private Equity investors. These problems can only be addressed by a careful reconceptualization and the development of a functional concept of the employer. The book draws on existing models in English, German, and European law to develop a definition of the employer as the entity, or combination of entities, exercising functions regulated in a particular domain of employment law. Each of the two strands of the current concept is addressed in turn to demonstrate how a more openly multi-functional approach can successfully overcome the rigidities of the current notion without abandoning a coherent underlying framework. It fills a crucial gap in employment law and corporate law with its analysis of the defects in our current understanding of the employer, and in developing a new functional concept designed to overcome the problems identified.

Living Wage

Author : Shelley Marshall
Publisher : Oxford University Press
ISBN 13 : 0192566016
Total Pages : 240 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Living Wage by : Shelley Marshall

Download or read book Living Wage written by Shelley Marshall and published by Oxford University Press. This book was released on 2019-01-17 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is driven by a quest to re-regulate work to reduce informality and inequality, and promote a living wage for more people across the world. It presents the findings of a multidisciplinary study in four countries of varying wealth and development, exploring why people become trapped in precarious work. The accounts describe the impact of supply chain governance, trade agreements, internal and between-country migration, legal factors, as well as the socio-economic characteristics and outlooks of the workers. In a unique approach, the chapters describe existing labour regulation measures that have succeeded, but which have to date attracted little scholarly attention. Building on these existing innovations, the book proposes a new international labour law which would incrementally increase the wages of the poor and regulate precarious work in global supply chains.