Labour Law Vulnerability And The Regulation Of Precarious Work

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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.

Vulnerable Workers and Precarious Working

Author : Anthony Forsyth
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443851078
Total Pages : 315 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Vulnerable Workers and Precarious Working by : Anthony Forsyth

Download or read book Vulnerable Workers and Precarious Working written by Anthony Forsyth and published by Cambridge Scholars Publishing. This book was released on 2013-07-29 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Vulnerability and the Legal Organization of Work

Author : Martha Albertson Fineman
Publisher : Taylor & Francis
ISBN 13 : 1315518562
Total Pages : 406 pages
Book Rating : 4.3/5 (155 download)

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Book Synopsis Vulnerability and the Legal Organization of Work by : Martha Albertson Fineman

Download or read book Vulnerability and the Legal Organization of Work written by Martha Albertson Fineman and published by Taylor & Francis. This book was released on 2017-07-06 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees. Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees. Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.

Vulnerable Workers

Author : Maria Giovannone
Publisher : CRC Press
ISBN 13 : 1317000811
Total Pages : 294 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Vulnerable Workers by : Maria Giovannone

Download or read book Vulnerable Workers written by Maria Giovannone and published by CRC Press. This book was released on 2016-02-11 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.

Precarious Work

Author : Jeff Kenner
Publisher : Edward Elgar Publishing
ISBN 13 : 1788973267
Total Pages : 272 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Precarious Work by : Jeff Kenner

Download or read book Precarious Work written by Jeff Kenner and published by Edward Elgar Publishing. This book was released on 2019 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discerning book provides a wide-ranging comparative analysis of the legal and social policy challenges posed by the spread of different forms of precarious work in Europe, with various social models in force and a growing ‘gig economy’ workforce. It not only considers the theoretical foundations of the concept of precarious work, but also offers invaluable insight into the potential methods of addressing this phenomenon through labour regulation and case law at EU and national level.

Law, Precarious Labour and Posted Workers

Author : Marta Lasek-Markey
Publisher : Taylor & Francis
ISBN 13 : 1000874966
Total Pages : 189 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Law, Precarious Labour and Posted Workers by : Marta Lasek-Markey

Download or read book Law, Precarious Labour and Posted Workers written by Marta Lasek-Markey and published by Taylor & Francis. This book was released on 2023-05-05 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of law in regulating and influencing the lived experiences of posted workers in Europe. The ‘posting’ of workers is an unusual type of labour mobility, where workers are hired out to provide a specific service in another country. Although it involves a specialised area of law, it is one that serves as a magnifying glass for the long-standing tension between the economic and social dimensions of law’s regulatory role. As an atypical form of labour migration, posting also touches upon broader themes concerning the role and purpose of labour law in a changing world of work. Taking up these themes through interviews with posted workers, lawyers and employers, the book adopts a sociolegal approach to consider how the law shapes the precarious lived experiences of posted workers in Europe. Giving voice to those with first-hand experience, the book goes on to propose solutions that might address the precarity of posted work. This book will be of interest to scholars, researchers and practitioners working in the areas of labour law, sociolegal studies, EU law, and migration.

Migrants at Work

Author : Cathryn Costello
Publisher : OUP Oxford
ISBN 13 : 0191023523
Total Pages : 414 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Migrants at Work by : Cathryn Costello

Download or read book Migrants at Work written by Cathryn Costello and published by OUP Oxford. This book was released on 2014-10-30 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a highly significant and under-considered intersection and interaction between migration law and labour law. Labour lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labour law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labour rights and how the regulation of migration increasingly impacts upon employment and labour relations. Examining and clarifying the interactions between migration, migration law, and labour law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labour law, privileging concerns about the labour supply and demand over worker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labour law. Chapters cover the labour laws of the UK, Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. These countries all host migrants and have developed systems of migration law reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impact on labour law, for instance in their shared contemporary shift to using temporary labour migration programmes. Further chapters examine EU and international law on migration, labour rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labour law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.

EU Anti-Discrimination Law Beyond Gender

Author : Uladzislau Belavusau
Publisher : Bloomsbury Publishing
ISBN 13 : 1509915001
Total Pages : 392 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis EU Anti-Discrimination Law Beyond Gender by : Uladzislau Belavusau

Download or read book EU Anti-Discrimination Law Beyond Gender written by Uladzislau Belavusau and published by Bloomsbury Publishing. This book was released on 2018-11-15 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union's 'Garden of Earthly Delights', it offers one of the highest standards of protection in comparative anti-discrimination law.

Game Changers in Labour Law

Author : Frank Hendrickx
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041199543
Total Pages : 274 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Game Changers in Labour Law by : Frank Hendrickx

Download or read book Game Changers in Labour Law written by Frank Hendrickx and published by Kluwer Law International B.V.. This book was released on 2018-03-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The renowned international labour law scholars contributing to this incomparable volume use the term ‘game changers’ to refer to evolutions, concepts, ideas and challenges that are having, or have had, major impacts on how we must understand and approach labour law in today’s global economy. The volume derives from an international conference organized by the Institute for Labour Law at the University of Leuven, Belgium in November 2017. This initiative is pursued in the spirit and with the methods of the late Emeritus Professor Roger Blanpain (1932–2016), a great reformer who continuously searched for key challenges in the world of work and looked as far as possible into the future, engaging in critical reflection and rethinking the design of labour law. While seeking to identify the main game changers, the authors explore new pathways and answers which may help to understand and shape the future of work. This is the 100th of Kluwer’s Bulletin of Comparative Labour Relations, a series Professor Blanpain launched nearly fifty years ago. The contributors address, and reflect on, such vital issues and topics as the following: – the ‘gig’ economy; – core labour law values; – freedom of association; – non-standard employment; – the rise of the service sector; – employment and self-employment; – the European Pillar of Social Rights; – app-based work; – algorithms as controls in the workplace; – collective bargaining rights and the right to strike; – the role of temporary employment agencies; and – termination of the employment relationship. There are also chapters devoted to specific issues in France, Italy, the United Kingdom, Estonia, China and the United States. Roger Blanpain consistently reminded us that labour relations are power relations. Although this book shows that the power balance is tipped towards employers in today’s world, what is nevertheless very clear is that labour law can play a crucial role in re-enlivening equitable outcomes, fairness, decent work and social justice in our contemporary and future societies, and that academia can help to understand, guide and shape that future. For this reason, this book will be invaluable to professionals in labour relations, whether in the academic, policy or legal communities.

Managing the Margins

Author : Leah F. Vosko
Publisher : OUP Oxford
ISBN 13 : 0191614521
Total Pages : 336 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Managing the Margins by : Leah F. Vosko

Download or read book Managing the Margins written by Leah F. Vosko and published by OUP Oxford. This book was released on 2011-03-03 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the precarious margins of contemporary labour markets. Over the last few decades, there has been much discussion of a shift from full-time permanent jobs to higher levels of part-time and temporary employment and self-employment. Despite such attention, regulatory approaches have not adapted accordingly. Instead, in the absence of genuine alternatives, old regulatory models are applied to new labour market realities, leaving the most precarious forms of employment intact. The book places this disjuncture in historical context and focuses on its implications for workers most likely to be at the margins, particularly women and migrants, using illustrations from Australia, the United States, and Canada, as well as member states of the European Union. Managing the Margins provides a rigorous analysis of national and international regulatory approaches, drawing on original and extensive qualitative and quantitative material. It innovates by analyzing the historical and contemporary interplay of employment norms, gender relations, and citizenship boundaries.

Collective Bargaining and Collective Action

Author : Julia López López
Publisher : Bloomsbury Publishing
ISBN 13 : 1509923179
Total Pages : 312 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Collective Bargaining and Collective Action by : Julia López López

Download or read book Collective Bargaining and Collective Action written by Julia López López and published by Bloomsbury Publishing. This book was released on 2019-03-21 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique contribution that examines major recent changes in conflict, negotiation and regulation within the labour relations systems and related governance institutions of advanced societies. The broad scope of analysis includes social welfare institutions, new forms of protest including judicialisation, transnational structures and collective bargaining itself. As the distinguished group of participating authors shows, the accumulation of numerous crucial changes in the interactions of unions, employers, political parties, courts, protestors, regulators and other key actors makes it imperative to reframe the study of collective bargaining and related forms of governance. The shifting dynamics include the growing relevance of multi-level interactions involving transnational entities, states and regions; the increasing tendency of workers and unions to turn to the courts as part of their overall strategy; new forms of solidarity among workers; and the emergence of new populist and nationalist actors. At the same time, sectors of the workforce that feel under-represented by existing institutions have contributed to new types of protest and 'agency'. Building on classical debates, the book offers new theoretical and practical approaches that insert the study of collective bargaining into the analysis of governance, solidarity, conflict and regulation, as they are broadly construed.

Gender Perspectives in Private Law

Author : Gabriele Carapezza Figlia
Publisher : Springer Nature
ISBN 13 : 3031140923
Total Pages : 257 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Gender Perspectives in Private Law by : Gabriele Carapezza Figlia

Download or read book Gender Perspectives in Private Law written by Gabriele Carapezza Figlia and published by Springer Nature. This book was released on 2023-02-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law. An important critical assumption made by the authors is that the gender equality perspective has been largely neglected in several branches of private law, since scholars researching the intersection between gender and legal studies are mostly focused on public law and human rights law. In light of that, the book contributes not only to the deconstruction of gender-blind private law, but also to the development of a gender-competent analysis of the key branches of private law, starting with private international law. Gender perspective in family law is analyzed on the basis of gendered and heteronormative operations of family law with reference to the formation of legally recognized relationships, the establishment of legal parenthood, the division of marital property after a divorce, and the arrangements for post-separation parenting. Also, regulation of family matters in Indian society and the gender equality perspective from the principle of the child’s best interest are considered. As far as tort law is concerned, the book addresses compensation for damages suffered by women performing unpaid household work. Further, it contains papers dedicated to the following labour law issues: the genesis of labor law and its capacity to contribute either to worsening gender inequality in the world of work or to promoting gender equality; gender segregation in the labour market and its connection to family-friendly policies in the European Union; sexual harassment at work; and the impact of work digitalization on gender-related labour law issues. Lastly, the authors analyze gender equality in civil procedural law, as well as in mediation as a tool for encouraging the peaceful settlement of disputes. The book is intended to improve awareness of the wide range of private law issues that are important for understanding the ways in which gender inequality shapes everyday experiences, while also presenting critical considerations of the key private law instruments for achieving gender equality.

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.

Employment Law in Context

Author : David Cabrelli
Publisher :
ISBN 13 : 0198840314
Total Pages : 967 pages
Book Rating : 4.1/5 (988 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 . This book was released on 2020-07 with total page 967 pages. Available in PDF, EPUB and Kindle. Book excerpt: The absolute package for students of employment law, this rigorous treatment - which includes extracts from key cases and source materials - uses a running case study to contextualize the law and actively encourages critical thinking.

Precarious Employment

Author : Leah F. Vosko
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 9780773529618
Total Pages : 508 pages
Book Rating : 4.5/5 (296 download)

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Book Synopsis Precarious Employment by : Leah F. Vosko

Download or read book Precarious Employment written by Leah F. Vosko and published by McGill-Queen's Press - MQUP. This book was released on 2006 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Precarious Employment' explores the nature and dynamics of precarious employment in contemporary Canada.

Collective Bargaining for Self-Employed Workers in Europe

Author : Bernd Waas
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403523743
Total Pages : 480 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Collective Bargaining for Self-Employed Workers in Europe by : Bernd Waas

Download or read book Collective Bargaining for Self-Employed Workers in Europe written by Bernd Waas and published by Kluwer Law International B.V.. This book was released on 2021-02-16 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Bargaining for Self-Employed Workers in Europe Approaches to Reconcile Competition Law and Labour Rights Founding Editor: Roger Blanpain General Editor: Frank Hendrickx Edited by Bernd Waas & Christina Hießl The increase in the number of self-employed workers, partially in response to the advent of the platform economy, has raised the spectre of horizontal price-fixing by self-employed members of a profession. This perception, however, is at odds with international labour standards, under which self-employed persons should also be able to conclude collective agreements to some extent. It is now commonplace for companies to offer various forms of non-standard employment that shift risk from the labour engager to the labour provider – which may increase the likelihood of those workers to fall outside the legal concept of ‘employee’ and because of that affects their legal protection. Legal practitioners may then face a dilemma: what may be required under labour law may be prohibited under antitrust law. In the first comprehensive analysis of these intensely debated issues, the authors argue that there is an urgent need to address the current legal puzzle, including through regulatory measures. This must include, in particular, the existing regulation at the level of the European Union (EU), which dominates competition law in the Member States. The book combines an analysis of the supranational framework by experts in labour law as well as competition law with in-depth country reports from Member States of the EU in which regulations and/or practices of collective bargaining for the self-employed exist. Among the many issues discussed in this book are the following: collective bargaining and international labour rights; self-employed individuals and the concept of undertaking in EU competition law; the concept of ‘social dumping’; the importance of the case law of the European Court of Justice; the concept of ‘vulnerability’; competition authorities’ enforcement strategies and priorities; the concept of ‘false self-employed’; and the possible introduction of exemptions, presumptions, safe harbours, or smart regulation solutions in competition law. The book gives an insight into the legal situation in Austria, Belgium, France, Germany, Ireland, Italy, the Netherlands, Poland, Slovenia, Spain, and Sweden. These reports discuss the current practice of collective bargaining and how the current law is reflected in the academic discourse on the right of self-employed people to bargain collectively. This important book, in its presentation of legally sound and effective ways to shape the application of the right to bargain collectively that are attuned to the business and technological realities of the twenty-first century, promotes an understanding of the consequences for current law and practice and offers a basis for a discussion of regulatory measures addressing existing challenges. Practitioners of labour law and competition law, national competition authorities, and other interested parties will benefit from the detailed analysis and extensive findings.

Embracing Vulnerability

Author : Daniel Bedford
Publisher : Routledge
ISBN 13 : 135110568X
Total Pages : 190 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Embracing Vulnerability by : Daniel Bedford

Download or read book Embracing Vulnerability written by Daniel Bedford and published by Routledge. This book was released on 2020-02-13 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together legal scholars engaging with vulnerability theory to explore the implications and challenges for law of understanding vulnerability as generative and a source of connection and development. The book is structured into five sections that cover fields of law where there is already significant recourse to the concept of vulnerability. These sections include a main chapter by a legal theorist who has previously examined the creative potential of vulnerability and responses from scholars working in the same field. This is designed to draw out some of the central debates concerning how vulnerability is conceptualised in law. Several contributors highlight the need to re-focus on some of these more positive aspects of vulnerability to counter the way law is being used enable persons to escape the stigma associated with vulnerability by concealing that condition. They seek to explore how law might embrace vulnerability, rather than conceal it. The book also includes contributions that seek to bring vulnerability into a non-binary relationship with other core legal concepts, such as autonomy and dignity. Rather than discarding these legal concepts in favour of vulnerability, these contributions highlight how vulnerability can be entwined with relational autonomy and embodied dignity. This book is essential reading for both students studying legal theory and practitioners interested in vulnerability.