Enhancing Capabilities Through Labour Law

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Enhancing Capabilities through Labour Law

Author : Supriya Routh
Publisher : Routledge
ISBN 13 : 1317910664
Total Pages : 351 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 351 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.

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 Capability Approach to Labour Law

Author : Brian Langille
Publisher : Oxford University Press
ISBN 13 : 0192573098
Total Pages : 368 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Capability Approach to Labour Law by : Brian Langille

Download or read book The Capability Approach to Labour Law written by Brian Langille and published by Oxford University Press. This book was released on 2019-04-04 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Labour Justice

Author : Supriya Routh
Publisher : Cambridge University Press
ISBN 13 : 1009445332
Total Pages : 257 pages
Book Rating : 4.0/5 (94 download)

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Book Synopsis Labour Justice by : Supriya Routh

Download or read book Labour Justice written by Supriya Routh and published by Cambridge University Press. This book was released on 2024-06-30 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a novel take on the purpose of labour law and connects constitutional ideals with the objective of labour law.

Re-Imagining Labour Law for Development

Author : Diamond Ashiagbor
Publisher : Bloomsbury Publishing
ISBN 13 : 1509913122
Total Pages : 448 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 448 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.

Labour Law and Worker Protection in Developing Countries

Author : Tzehainesh Teklè
Publisher :
ISBN 13 : 9789290148944
Total Pages : 0 pages
Book Rating : 4.1/5 (489 download)

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Book Synopsis Labour Law and Worker Protection in Developing Countries by : Tzehainesh Teklè

Download or read book Labour Law and Worker Protection in Developing Countries written by Tzehainesh Teklè and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new study shifts the focus of scholarly and policy debates on the role of labour law in an era of globalization away from the countries and labour law systems of the North to those of the global South. Placing its analysis within the context of the current scholarly debates on the challenges and future of labour law, the book critically reviews the relevant literature and reflects upon the way in which workers' protection tends to be conceptualized, as well as on the adequacy of the legal categories and tools used to further it, with special attention given to the effectiveness of labour legislation in promoting gender equality. The book argues that, in addition to problems in the application of labour law, there is a mismatch between the realities of the developing world and the social, economic and political underpinnings of labour law. This dates back to its development in post-colonial African and South Asian countries and, to a lesser extent, in Latin American ones. The divergence persists, while new manifestations have appeared due to globalization, leaving a significant number of workers outside the scope of labour law and in need of protection. Against this background, the book explores regulatory and policy response at different governance levels to enhance the scope and application of labour regulation in Latin America, South Asia and southern Africa. Book jacket.

Labour Law and Sustainable Development

Author : Valentina Cagnin
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403520817
Total Pages : 270 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Labour Law and Sustainable Development by : Valentina Cagnin

Download or read book Labour Law and Sustainable Development written by Valentina Cagnin and published by Kluwer Law International B.V.. This book was released on 2020-06-05 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour 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.

Transforming European Employment Policy

Author : Ralf Rogowski
Publisher : Edward Elgar Publishing
ISBN 13 : 1781001170
Total Pages : 303 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Transforming European Employment Policy by : Ralf Rogowski

Download or read book Transforming European Employment Policy written by Ralf Rogowski and published by Edward Elgar Publishing. This book was released on 2011 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the mid 1990s, the focus of European employment and social policy has shifted from protection to promotion. This book provides a timely analysis of this new form of governance, and the new forms of policy delivery and audit which accompany it. The limitations of the current approach became particularly apparent during the financial crisis of 2008, and it has now reached a turning point. The book offers a new coherent European reform agenda that views easing transitions in employment and promoting the development of individual and collective capabilities as cornerstones. The contributing authors focus on vocational training, life course policies, reflexive labour law and social insurance, from theoretical, empirical and practical perspectives. Transforming European Employment Policy will be of great benefit to policymakers as well as those researching or studying European law, labour law, industrial relations, political science, social policy or international business.

Families, Care-Giving and Paid Work

Author : Nicole Busby
Publisher : Edward Elgar Publishing
ISBN 13 : 1849806055
Total Pages : 245 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Families, Care-Giving and Paid Work by : Nicole Busby

Download or read book Families, Care-Giving and Paid Work written by Nicole Busby and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Balancing paid work and family life remains a significant challenge; indeed, the challenges are intensifying as economic austerity threatens the pursuit of gender equality. This excellent book provides extensive justifications for laws and policies which encourage and facilitate the reconciliation of paid work, family life and care-giving. It provides a wealth of data, from a number of jurisdictions, and examines recent trends. It is vital that this area of law and policy is protected and developed and this book plays an important role in that process.' – Clare McGlynn, Durham University, UK This unique selection of chapters brings together researchers from a variety of academic disciplines to explore aspects of law's engagement with working families. It connects academic debate with policy proposals through an integrated set of approaches and perspectives. Families, Care-giving and Paid Work offers an original approach to a very topical area. Not only does it consider the limitations of law in relation to the regulation of care-giving and workplace relationships, but it is premised upon a re-consideration of law's potential and engages with suggested strategies for bringing about long-term social change. Offering a range of analyses, this book will strongly appeal to policymakers and practitioners involved with promoting work and family issues, students in labour and employment studies, law and social policy, as well as academics interested in work and family reconciliation issues, or gender and law issues.

Labour Law and Economic Policy

Author : Adrián Todolí-Signes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509973907
Total Pages : 203 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Labour Law and Economic Policy by : Adrián Todolí-Signes

Download or read book Labour Law and Economic Policy written by Adrián Todolí-Signes and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies labour institutions from an economic perspective to justify their existence and the advantages that they bring to innovation, efficiency, productivity, and economic growth. The philosophical foundations of labour law rely on the protection of the weaker party of the employment contract. However, after 40 years of political neoliberalism, these justifications seem insufficient for achieving progress in the area of labour and employment rights. This book changes the narrative of why we need labour standards. It begins with a study of the reasons that gave rise to labour law in the context of the Industrial Revolution and its evolution, and moves on to analyse the current context dominated by globalisation and economic digitisation. It then proceeds to study the main justifications for intervention in the labour market in the current business-economic context on a global scale: economic growth; pre-distribution of wealth; a meritocratic allocation of working conditions and equality among workers. Using case studies and examples from across the EU, the UK, and the US, the book shows how the deregulation of labour markets harms innovation and the economy, especially when considering the challenges of platform work, algorithms, and AI. It demonstrates that labour standards such as the minimum wage, sectoral collective bargaining and collective rights, protection against dismissal and discrimination, occupational risk prevention, and social security are necessary for the economy to function properly.

The Future of Work

Author : Adalberto Perulli
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403528613
Total Pages : 500 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Future of Work by : Adalberto Perulli

Download or read book The Future of Work written by Adalberto Perulli and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in Employment and Social Policy Volume 56 Digitalization, far from being solely a technological issue, has broad implications in the social, labour, and economic spheres. It leads to dangers as well as to new chances for the workforce, and thus labour law must develop effective ways to both protect workers and allow them to profit from new technological developments. The most thorough book of its kind, this collection of expert essays provides an abundance of well-thought-out material for understanding the consequences of digitalization for the labour market and industrial relations. Recognizing that only an international perspective can make it possible to face the challenges of the present (and the future), renowned authorities from the International Labour Organization and the International Society for Labour and Social Security Law, as well as outstanding labour law professors, examine in depth such salient issues as the following: transformation of production systems; the spread of artificial intelligence; precariousness and exploitation in the gig economy; lessons learned from COVID-19; employment status of platform workers; new cross-border issues; rights to trade union association and collective bargaining; role of the State in the new digital labour market; and blurred lines between work and private life. Thanks to the international team of contributors, the issues are dealt with from a variety of overlapping perspectives and points of view, combining aspects of labour law, commercial law, corporate governance, and international law. Highlighting the need to adapt, especially through the right to training, work, and professionalism with respect to the new technological landscape, the book draws on legislative, judicial, and theoretical initiatives suggesting ways of responding positively to the requests for protection that arise in the new forms of production. A uniquely valuable tool for study and reflection for policymakers and academics, the book is also sure to be valued by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists who are interested in the issues of labour, industrial relations, and social rights in European and international contexts.

Research Handbook on Labour, Business and Human Rights Law

Author : Janice R. Bellace
Publisher : Edward Elgar Publishing
ISBN 13 : 1786433117
Total Pages : 528 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on Labour, Business and Human Rights Law by : Janice R. Bellace

Download or read book Research Handbook on Labour, Business and Human Rights Law written by Janice R. Bellace and published by Edward Elgar Publishing. This book was released on 2019 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Key topics include evaluation of the role of the ILO in developing and promoting internationally recognized labour rights, and the examination of the meaning of the obligation of business to respect human rights, considering the evolution from international soft law to incorporation in codes of conduct and the emerging requirement of due diligence.

Vulnerable Workers

Author : Dr Maria Giovannone
Publisher : Gower Publishing, Ltd.
ISBN 13 : 1409460436
Total Pages : 294 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Vulnerable Workers by : Dr Maria Giovannone

Download or read book Vulnerable Workers written by Dr Maria Giovannone and published by Gower Publishing, Ltd.. This book was released on 2012-08-28 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Improving Workplace Quality

Author : William Bromwich
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186441
Total Pages : 290 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Improving Workplace Quality by : William Bromwich

Download or read book Improving Workplace Quality written by William Bromwich and published by Kluwer Law International B.V.. This book was released on 2017-05-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: A consensus has developed in workplace studies around the concept of ‘well-being at work’ in an awareness that such apparently distinct aspects as health and safety, discrimination, labour market integration, and work-life balance converge in the workplace and are best treated as one complex phenomenon. This important book offers twelve contributions by distinguished international scholars from a range of disciplinary domains, providing an in-depth analysis of ongoing changes in the world of work and their impact on personal well-being. The contributors place specific workplace experiences in a comparative perspective, examining policy and regulatory initiatives and judicial rulings at national, regional, and international levels. The case studies are drawn from Italy, France, the United States, Russia, and developing countries. The essays examine recent legal developments in such topical issues as: – atypical and non-standard work; – child-care leave; – company-level welfare provisions; – disability; – harassment; – low-wage workers and employment benefits; – misperception discrimination; – public policy in care services; – unemployment and mental health; and – work/family conciliation policies. Providing a detailed overview of recent developments in policy and jurisprudence in a comparative perspective regarding discrimination, work-life balance, and workers’ integration into the labour market – as well as a guide to best practices in promoting well-being at work – this book will prove indispensable to labour and employment law practitioners, as well as to work organization, occupational medicine, mental health, and human resources professionals.

The Idea of Labour Law

Author : Guy Davidov
Publisher : OUP Oxford
ISBN 13 : 0199693617
Total Pages : 454 pages
Book Rating : 4.1/5 (996 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 2011-06-02 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is growing interest in trying to understand and rethink the goals of labour law in light of changing realities in the labour market and regulation. Responding to such fundamental questions as: What is labour law for? How can it be justified? And on what should reforms be based? this book challenges the way we think about labour law.

Working for Better Times

Author : Jean-Michel Servais
Publisher : ILO
ISBN 13 :
Total Pages : 748 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Working for Better Times by : Jean-Michel Servais

Download or read book Working for Better Times written by Jean-Michel Servais and published by ILO. This book was released on 2007 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume looks into current thinking and policy options on workIt consists of a selection of articles from the ILO's flagship journal, the International Labour Review. To most people, work is the mainstay of livelihood, social integration, and identity. But the twentieth-century meaning of "work" can no longer be taken for granted. As patterns of work continue to shift in response to the demands of production and trade in the global economy, major challenges have arisen not only in the lives of individual workers, but also for employers exposed to global competition and for the makers of national and international policy and law. At the heart of the debate lies the challenge of reframing the concepts and rules whereby people's socioeconomic security and the human dimensions of work can be reconciled with the global market's growing need for competitive labor flexibility.

Change at Work

Author : Peter Cappelli
Publisher : Oxford University Press
ISBN 13 : 0195356055
Total Pages : 289 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Change at Work by : Peter Cappelli

Download or read book Change at Work written by Peter Cappelli and published by Oxford University Press. This book was released on 1997-02-27 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: A far-reaching transformation is taking place in the US in the relationship between employers and employees. The lessons learned from Japan and from "best practice" companies like IBM about how job security, training, and internal development can improve employee commitment and performance have given way to a new set of lessons about how companies can redue fixed costs, increase flexibility, and improve performance by eliminating the elaborate employment systems that prepared employees for long careers in the company. Where the old arrangement protected employees from outside market forces, the new ones drag the market right back in through downsizing, contingent workforces, hiring on the outside for new skills, and compensation contingent on overall organizational performance. New work systems that reengineer processes and empower employees "flatten" the organizational chart, cutting management jobs in particular and reducing opportunities for career development. The new arrangements shift many of the risks of business from the firm to the employees and make employees, rather than employers, responsible for developing their own skills and careers. They also increase the demands placed on workers while reducing what they receive back for their efforts. While morale is down and stress is up, employee performance seems to be rising largely because of fear driven by the shortage of good jobs. Change at Work explores the theme that employees have paid the price for the widespread restructuring of American firms as illustrated by reduced security, greater effort and hours, and reduced morale. In this important study--commissioned by the National Planning Asociation's Committee on New American Realities--the authors consider how individuals and employers need to adapt to the new arrangements as well as the implicatioons for important policy issues such as how skills will be developed where the attachment to the firms is sharply reduced. The future is uncertain, but the authors argue that the traditional relationship between employer and employee will continue to erode, making this work essential reading for managers concerned with the profound impact corporate restructuring has had on the lives of workers.