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The Crisis In Labour Law
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Book Synopsis Philosophical and Sociological Reflections on Labour Law in Times of Crisis by : Eduardo von Adamovich
Download or read book Philosophical and Sociological Reflections on Labour Law in Times of Crisis written by Eduardo von Adamovich and published by Cambridge Scholars Publishing. This book was released on 2022-05-13 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting from the assertion that crisis is part of the essence of labour law, this volume brings together researchers in the field who accepted the challenge to critically reflect on this branch of the discipline. As the COVID-19 pandemic has had a global impact, labour law across the world must come to terms with a new reality. In this context, it would be prudent to adapt to new circumstances by taking known paths. To this end, this book reflects on what effectively constitutes labour law, considering questions which are not usual within labour law. Insights from philosophical, sociological and even economic standpoints are mobilised to reconcile the past with the future of labour law.
Download or read book The Crisis in Labour Law written by and published by . This book was released on 2013 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Economic and Financial Crisis and Collective Labour Law in Europe by : Niklas Bruun
Download or read book The Economic and Financial Crisis and Collective Labour Law in Europe written by Niklas Bruun and published by Bloomsbury Publishing. This book was released on 2014-09-18 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current economic and financial crisis erupted several years ago. Its effects impacted deeply upon society, in which legal rules and social patterns have developed to enable the establishment of civilisation, justice and peace. Over time it has become more and more obvious that policy, financial and economic actors have adopted austerity measures as a main tool to solve the ensuing problems, and that these measures have hit social policy standards sometimes dramatically. Recent analyses have dealt with several aspects of this issue. This book focuses on one important element: the impact on collective labour law. It seeks to add to the debate by presenting mainly legal arguments derived from different sources and backgrounds, examining the EU and 'Troika' measures, the economic and political background and the sometimes dramatic consequences of austerity measures on democracy, collective bargaining and the right to strike. Against the framework of EU law, the relevant ILO Conventions, (Revised) European Social Charter and European Convention on Human Rights provisions, the non-compliance of these measures is analysed and demonstrated. The book is also dedicated to procedural questions, and in particular, how legal approaches may be used to challenge austerity measures.
Book Synopsis Labour Law in an Era of Globalization by : Joanne Conaghan
Download or read book Labour Law in an Era of Globalization written by Joanne Conaghan and published by . This book was released on 2004 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout the industrial world, the discipline of labor law has fallen into deep philosophical and policy crisis, at the same time as new theoretical approaches make it a field of considerable intellectual ferment. Modern labor law evolved in a symbiotic relationship with a postwar institutional and policy agenda, the social, economic and political underpinnings of which have gradually eroded in the context of accelerating international economic integration and wage-competition. These essays--which are the product of a transnational comparative dialog among academics and practitioners in labor law and related legal fields, including social security, immigration, trade, and development--identify, analyze, and respond to some of the conceptual and policy challenges posed by globalization.
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.
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 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.
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 263 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.
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 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the societal goals behind labour laws - through an analysis of normative justifications and critiques - and examines what actions are needed to better advance these goals, by way of purposive interpretation and legal reform.
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.
Book Synopsis The Coming Crisis in Labor Law by : Carroll Eiker French
Download or read book The Coming Crisis in Labor Law written by Carroll Eiker French and published by . This book was released on 1965 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Crisis in the US Litigation Model of Labour Rights Enforcement by : Alan Hyde
Download or read book The Crisis in the US Litigation Model of Labour Rights Enforcement written by Alan Hyde and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The US is the only advanced country that expects victims of wage theft or discrimination to sue in courts of general jurisdiction, as it lacks labor courts or administrative agencies with power to compel remedies. This omission is intentional. Both the Fair Labor Standards Act (1938) and Title VII of the Civil Rights Act of 1964 were weakened in the drafting process to weaken administrative power. This choice for litigation is poorly-defended, rapidly approaching crisis, and makes resolution more difficult of such much-commented problems in labor rights enforcement as affixing responsibility in complex organization and classification of workers. As employment law increasingly becomes state law, states will experiment with administrative agencies with powers to grant remedies.
Book Synopsis International and Comparative Labour Law by : Arturo Bronstein
Download or read book International and Comparative Labour Law written by Arturo Bronstein and published by Bloomsbury Publishing. This book was released on 2017-09-16 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A stimulating, authoritative account of international employment law written by a leading figure who for many years has shaped global policy, striving to implement fairer working conditions worldwide. We are expertly guided though the context and development of labour law, making this book ideal for study or research.
Book Synopsis Collective Bargaining Developments in Times of Crisis by : Sylvaine Laulom
Download or read book Collective Bargaining Developments in Times of Crisis written by Sylvaine Laulom and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many EU Member States, the various economic crises of recent years provided grounds for a rarely equalled level of state intervention in the regulation of labour relations with an explicit aim: the decentralisation of collective bargaining. An extensive body of research – summed up and analysed expertly in the chapters of this very important book – reveals that the process of decentralisation has more often than not led to a situation where salaries and labour conditions are ever more frequently determined by direct negotiations between employer and employees, with the State becoming the sole guarantor of employee protection even as it encourages decreasing labour costs to ensure that companies remain competitive. The comparative approach offered in this book adds to this synthesis by providing examples of speci c recent developments in fourteen Member States and Turkey. Among the numerous topics and issues that arise are the following: – ‘opt-out’ clauses that derogate unfavourably from sectoral agreement standards; – extension of the employer’s unilateral decision-making power; – ‘memoranda of understanding’ imposed by the ‘troika’ (EU, ECB, and IMF); and – ‘stand-by arrangements’ imposed by the IMF. However, notwithstanding the strong emphasis on changing the structure of collective agreements by shifting the centre of gravity closer to the company, research nds promise in the reconstituted support for sector-level agreements increasingly found among very small businesses, networked businesses, and work via digital platforms. This is the rst book to take stock of the current state of collective bargaining in Europe. It is an essential study for labour and employment law practitioners, and an exemplary analysis of immeasurable value to policymakers and academics in the eld.
Book Synopsis Labour Law Utopias by : Nicolas Bueno
Download or read book Labour Law Utopias written by Nicolas Bueno and published by Oxford University Press. This book was released on 2024-08-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour Law Utopias: Post-Growth & Post-Productive Work Approaches engages with new socioeconomic ideas that look beyond the current growth-driven competitive market economy. Building on analysis of economic growth, as well as the limits of the logic of human productivity and competitivity for workers and the environment, it explores alternative approaches and what those will mean for work in general, and labour law in particular. The concept of 'post-growth' is used to rethink the purpose of the economy by looking beyond merely increasing wealth, consumption, and production, considering what this means for the position of work in society as well as the individual worker. The post-productive work approach is used to question the centrality of economically productive work and its regulation in labour laws. The chapters in this book take a progressive approach and discuss whether and how labour law can contribute to the emancipation of work from the constraints of growth and productivity by revisiting the value, organization, and impact of work. With these utopian ideas for labour law, the contributions in this book present inspirational 'dots on the horizon' that could guide the direction of changes in labour law as it navigates issues such as the implementation of digital and green solutions, the energy crisis, migration, rising inequality, and precariousness. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.
Book Synopsis Resocialising Europe in a Time of Crisis by : Nicola Countouris
Download or read book Resocialising Europe in a Time of Crisis written by Nicola Countouris and published by Cambridge University Press. This book was released on 2013-10-10 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terms such as 'Social Europe' and 'European Social Model' have long resided in the political and regulatory lexicon of European integration. But in recent years, and in spite of the adoption of the Charter of Fundamental Rights, the EU social profile has entered a profound period of crisis. The ECJ judgments of Viking and Laval exemplify the unresolved tension between the EU's strong market imperatives and its fragile social aspirations while the ongoing economic crisis, while the various 'bail out' packages are producing a constant retrenchment of social rights. The status quo is one in which workers appear to shoulder most of the risks attendant on making and executing arrangements for the doing of work. Chapters in this book advocate a reversal of this trend in favour of fair mutualization, so as to disperse these risks and share them more equitably between employers, the state, and society at large.
Book Synopsis Stories of Care: A Labour of Law by : LJB Hayes
Download or read book Stories of Care: A Labour of Law written by LJB Hayes and published by Springer. This book was released on 2017-05-10 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stories of Care: A Labour of Law is an interdisciplinary study of the interactions of law and labour that shape paid care work. Based on the experiences of homecare workers, this highly topical text unpicks doctrinal assumptions about class and gender to interrogate contemporary labour law. It demonstrates how the UK’s crisis in social care is connected to the gendered inadequacy of labour law and argues for transformative change to law at work. ‘Utterly compelling. Perhaps the best ever example in modern labour law scholarship of research-led recommendations.’ – Keith Ewing, Professor of Public Law, King’s College London ‘An important contribution to socio-legal research on care work and labour law.’ – Judy Fudge, Professor of Labour Law, University of Kent ‘Innovative and meticulous; merits a very wide readership.’ – Lizzie Barmes, Professor of Labour Law, Queen Mary University of London ‘A really important text which shows, through deep analysis of care workers’ stories, how badly undervalued their work is... It offers an excellent analysis.’ – Robin Allen QC, Cloisters Chambers ‘A rare and valuable insight into the lives and views of women who work in the little known world of homecare for rates of pay and conditions that shame our society.’ – David Brindle, Public Services Editor, The Guardian ‘Boundary-breaking ... an outstanding contribution to the growing field of feminist labour law scholarship.’ – Joanne Conaghan, Professor of Law, University of Bristol
Book Synopsis Employment Relations in the 21st Century by : Valeria Pulignano
Download or read book Employment Relations in the 21st Century written by Valeria Pulignano and published by Kluwer Law International B.V.. This book was released on 2019-11-07 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: It cannot be denied that in recent decades, for many if not most people, work has become unstable and insecure, with serious risk and few benefits for workers. As this reality spills over into political and social life, it is crucial to interrogate the transformations affecting employment relations, shape research agendas, and influence the policies of national and international institutions. This single volume brings together thirty-nine scholars (both academics and experienced industrial relations actors) in the fields of employment relations and labour law in a forthright discussion of new approaches, theories, and methods aimed at ameliorating the world of work. Focusing on why and how work is changing, how collective actors deal with it, and the future of work from different disciplinary angles and at an international level, the contributors describe and analyse such issues and topics as the following: new forms of social protection and representation; differences in the power relations of workers and political dynamics; balancing protection of workers’ dignity and promotion of productivity; intersection of information technology and workplace regulation; how the gig economy undermines legal protections; role of professional and trade associations; workplace conflict management; lay judges in labour courts; undeclared work in the informal sector of the labour market; work incapacity and disability; (in)coherence of the work-related case law of the European Court of Justice; and business restructurings. Derived from a major conference held in Leuven in September 2018, the book offers an in-depth understanding of the changing world of work, its main transformations, and the challenges posed to classical employment relations theories and methods as well as to labour law. With its wide range of insights, analysis, and reflection, this unique contribution to the study of industrial relations offers an authoritative reference guide to scholars, policymakers, trade unions and business associations, human resources professionals, and practitioners who need to deal with the future of work challenges.
