The Notion Of Employer In The Era Of The Fissured Workplace

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The Fissured Workplace

Author : David Weil
Publisher : Harvard University Press
ISBN 13 : 067472612X
Total Pages : 424 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis The Fissured Workplace by : David Weil

Download or read book The Fissured Workplace written by David Weil and published by Harvard University Press. This book was released on 2014-02-17 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the twentieth century, large companies employing many workers formed the bedrock of the U.S. economy. Today, on the list of big business's priorities, sustaining the employer-worker relationship ranks far below building a devoted customer base and delivering value to investors. As David Weil's groundbreaking analysis shows, large corporations have shed their role as direct employers of the people responsible for their products, in favor of outsourcing work to small companies that compete fiercely with one another. The result has been declining wages, eroding benefits, inadequate health and safety protections, and ever-widening income inequality. From the perspectives of CEOs and investors, fissuring--splitting off functions that were once managed internally--has been phenomenally successful. Despite giving up direct control to subcontractors and franchises, these large companies have figured out how to maintain the quality of brand-name products and services, without the cost of maintaining an expensive workforce. But from the perspective of workers, this strategy has meant stagnation in wages and benefits and a lower standard of living. Weil proposes ways to modernize regulatory policies so that employers can meet their obligations to workers while allowing companies to keep the beneficial aspects of this business strategy.

The Notion of Employer in the Era of the Fissured Workplace

Author : Roger Blanpain
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041184716
Total Pages : 264 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Notion of Employer in the Era of the Fissured Workplace by : Roger Blanpain

Download or read book The Notion of Employer in the Era of the Fissured Workplace written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2017-01-15 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The word 'fissured' aptly describes the effect on the workplace of the enormous retreat from direct employment on the part of large enterprises that began several decades ago and shows no sign of slowing down. Market-leading companies, even though they continue to wield considerable influence on the fate of actual workers, may thus be relieved of legal responsibility as employers. How extensive is this phenomenon? Do recourses exist in labour law? What ongoing trends can be discerned? This groundbreaking book tackles these questions and more, with thoroughly researched reports from ten of the world's leading market-driven economies - Australia, China, France, Germany, Japan, the Republic of Korea, Spain, Taiwan, the United Kingdom, and the United States. Recognizing that law should squarely grasp and tackle this new reality, the authors consider such questions as the following: - How far can current labour law go in determining the responsibility of persons who have no direct contractual relationship with the workers? - Do other measures such as soft law or reputation mechanisms in the market deal with the undesirable consequences of the fissurization more properly? - What managerial motives and socioeconomic backgrounds give rise to such fissurization? - What distinct phenomena compose fissuring? - Are measures available to protect workers that go beyond the boundary of the legal entity (e.g., initiatives toward piercing the corporate veil)? Each contributor describes, for his or her country, how far the fragmentation and externalization of employment has gone, current legislation protecting workers in a multilayered contractual relationship or indirect employment relationship (e.g., on health and safety, wages, bargaining, dismissal), and emerging developments and trends. This book ably responds to the question posed by a recent study: Why has work became so bad for so many and what can be done to improve it? Although concerned scholars worldwide will rally to the call, the reports in this volume will also be of great practical value to business persons and labour and employment lawyers everywhere.

The Concept of the Employer

Author : Jeremias Prassl
Publisher : Oxford University Press, USA
ISBN 13 : 0198735537
Total Pages : 289 pages
Book Rating : 4.1/5 (987 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 Oxford University Press, USA. This book was released on 2015 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the author's thesis (doctoral - Oxford University, 2012), under title: The notion of the employer in multilateral organisational settings.

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.

The Future of Unions and Worker Representation

Author : Anthony Forsyth
Publisher : Bloomsbury Publishing
ISBN 13 : 150992499X
Total Pages : 368 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Future of Unions and Worker Representation by : Anthony Forsyth

Download or read book The Future of Unions and Worker Representation written by Anthony Forsyth and published by Bloomsbury Publishing. This book was released on 2022-01-13 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book charts the path to revitalisation for trade unions in Australia, the USA, the UK, and Italy. It examines the examples of innovation and digital campaigning that are enabling unions to build new forms of worker power – and overcome decades of declining membership wrought by neoliberalism, globalisation, and hostility from employers and the state. The study evaluates the responses of unions in each country to falling membership levels since the 1980s. It considers the US 'organising model' and its adoption in Australia and the UK, comparing this with the strategies of Italian unions which have been more deliberately focused on precarious and migrant workers. The increasing reliance of US unions on community alliances, as seen in the 'Fight for $15' and similar campaigns, is scrutinised along with new union prototypes like Hospo Voice in Australia, the Independent Workers' Union of Great Britain and SI Cobas in Italy. The book includes an in-depth analysis of union responses to the gig economy in the four countries, and the emergence of self-organised worker collectives to combat this exploitative business model. The vital role played by unions in defending the interests of workers during the COVID-19 pandemic is also examined. As well as highlighting the most successful union initiatives to meet the challenges of the past 30 years, the book assesses the strengths and deficiencies of the legal framework for union representation in the four nations. It identifies the labour law reforms needed to rebuild collectivism, but argues that more is needed than favourable laws. This cross-national study provides a rich basis for identifying the combination of reforms, strategies and linkages required to ensure that unions can remain relevant for a new generation of digitally-active workers.

Restatement of Labour Law in Europe

Author : Bernd Waas
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912428
Total Pages : 875 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Restatement of Labour Law in Europe by : Bernd Waas

Download or read book Restatement of Labour Law in Europe written by Bernd Waas and published by Bloomsbury Publishing. This book was released on 2017-07-27 with total page 875 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of 'employee' is arguably the most important one in labour law, defining, as it does, the scope of the discipline as a whole. This important new publication aims to develop a restatement of the concept of the employee in European labour law. The study identifies both problems and solutions that have emerged, clearly setting out comparisons between the different member states' approaches. The country reports explore both statutes and case law, tracking their contribution to legal doctrine. The objective of the restatement is to increase knowledge and gain a better understanding of one of the most crucial aspects of European labour law. Assistant Editors: - Marta Otto - Effrosyni Bakirtzi

The Collective Dimensions of Employment Relations

Author : Tindara Addabbo
Publisher : Springer Nature
ISBN 13 : 3030755320
Total Pages : 364 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis The Collective Dimensions of Employment Relations by : Tindara Addabbo

Download or read book The Collective Dimensions of Employment Relations written by Tindara Addabbo and published by Springer Nature. This book was released on 2021-08-09 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores the old and new “collective dimensions” of employment relations. It examines specific challenges stemming from new forms of work of the digital and sharing economy, such as measurement, monitoring, assessment, and remuneration of work, the protection of work-life balance, the impact of new technologies on health and safety, the adaptation of occupational skills to new work processes, and the responses to the digital restructuring of undertakings. It addresses a series of questions such as how the representational action of unions and works councils can adapt to the challenges posed by new production systems and whether the legislative framework needs to be reformed to ensure that digital workers enjoy the right to collective representation. This important collection offers readers a renewed theoretical perspective and justification of the role that the dialogue between workers (representatives) and companies could play in an increasingly complex world of work.

European Board-Level Employee Representation

Author : Jeremy Waddington
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041192034
Total Pages : 250 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis European Board-Level Employee Representation by : Jeremy Waddington

Download or read book European Board-Level Employee Representation written by Jeremy Waddington and published by Kluwer Law International B.V.. This book was released on 2018-06-23 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often assumed that employee representatives exert power at the company board, but it is rarely made explicit how power is exercised and to what effect. This book, the first to assess national differences between board-level employee representatives in their exercise of influence and power, examines coordination among board-level employee representatives, trade unions, representatives from other institutions of labour representation within the company, management and other board members. Drawing on a large-scale survey distributed to board-level employee representatives, eleven expert contributors analyse for seven European countries (Denmark, France, Germany, Hungary, Norway, Slovenia and Sweden) how such issues and topics as the following affect the participation of employee representatives at the board: – capacity of board-level employee representatives to exercise power over long-term strategic corporate decision making; – how changed circumstances impinge on the role of employee representatives; – how coordination of workers’ interests has been established and maintained, if at all; – how board-level employee representatives are selected; – influence of board-level employee representatives on corporate restructuring; – effect of corporate codes of governance; – impact of the establishment of groups of companies; and – protections against dismissal and discrimination of board-level employee representatives. Each country chapter reviews the legislation that underpins board-level employee representation, the timeliness and quality of the information provided, and the capacity of the representatives to apply information made available, with the purpose of establishing whether the legislation tends to constrain or facilitate the exercise of in uence and power. This book takes a giant step towards answering the question of how board-level employee representatives can fulfil their roles in a manner consistent with the intentions of the policymakers who framed the legislation. Moreover, it approaches the possibility of developing pan-European legislation on board-level employee representation that would accommodate national variations. For these reasons, the book will be welcomed by European policymakers concerned with industrial relations or corporate governance, as well as by practitioners and academics in a wide swath of European legal and social studies.

Collective Bargaining Developments in Times of Crisis

Author : Sylvaine Laulom
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041190279
Total Pages : 368 pages
Book Rating : 4.0/5 (411 download)

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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.

The Fissured Workplace

Author : David Weil
Publisher :
ISBN 13 :
Total Pages : 392 pages
Book Rating : 4.:/5 (116 download)

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Book Synopsis The Fissured Workplace by : David Weil

Download or read book The Fissured Workplace written by David Weil and published by . This book was released on 2014 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Employment and Vulnerabilities in the World of Orchestral Musicians: Symphonic Metamorphoses

Author : Heather Kurzbauer
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403527471
Total Pages : 392 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Employment and Vulnerabilities in the World of Orchestral Musicians: Symphonic Metamorphoses by : Heather Kurzbauer

Download or read book Employment and Vulnerabilities in the World of Orchestral Musicians: Symphonic Metamorphoses written by Heather Kurzbauer and published by Kluwer Law International B.V.. This book was released on 2023-10-25 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The state subsidies and philanthropy that traditionally allowed orchestras to flourish have greatly diminished in the wake of recent financial crises and the COVID-19 pandemic. As in other fields affected by the precarious labor arrangements prevalent in the world of work today, it is the employees and freelancers—in this case, the musicians themselves—who suffer most. In this deeply knowledgeable and provocative book, a highly acclaimed scholar who combines the roles of law professor, music journalist, and orchestral violinist presents the first major legal study to focus on labor relations and the institutional dynamics at play within orchestras. Drawing on personal interviews with more than 250 orchestral musicians and other stakeholders—whose testimonies and actions often stand in contradiction to narratives provided by cultural economists and government cultural policymakers—the author uncovers the deteriorating welfare of musicians in two countries, the United States and the Netherlands, in which she has considerable practical orchestral experience. The methodology will reverberate with great intensity to musicians worldwide with its novel system of “movements” that focus on different vulnerabilities besetting orchestral players to highlight such issues and topics as: orchestra financing, with a special focus on the nonprofit sector and the changing nature of state subsidies in Europe; the impact of the perception of orchestras as “elitist” and of limited social value; discriminatory practices in auditions and hiring; legal and practical relevance of contemporary questions of employee categorization (regularly employed; self-employed; false self-employed); and how fair practice codes and collective bargaining agreements can be designed, implemented, and enforced. An interdisciplinary approach to a multiplicity of vulnerabilities in the sector, the study incorporates economic, historical and legal research along with a consideration of sociological factors. Case studies—from the EU Court of Justice, the Dutch Supreme Court, the Supreme Court of the United States, and the U.S. National Labor Relations Board—offer practical insight into specific legal issues, including the fundamental question of how musician employees are differentiated from freelancers. Reflecting on the cutbacks and compromises that traumatize orchestral negotiations in today’s musical world, the book not only provides orchestral musicians with a wealth of useful information and suggestions for future action but also adds to the growing body of legal literature on the self-limitations of labor law and the increasing vulnerability of workers. Practitioners in labor and employment law as well as academics in the field will benefit from a powerful analysis of workers’ vulnerabilities in today’s labor market.

In-Work Poverty in Europe

Author : Luca Ratti
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403549971
Total Pages : 343 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis In-Work Poverty in Europe by : Luca Ratti

Download or read book In-Work Poverty in Europe written by Luca Ratti and published by Kluwer Law International B.V.. This book was released on 2022-07-06 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: In-work poverty is a reality for too many persons in the European Union (EU). Although everyone is in agreement that poverty must be reduced, rarely is there a specific focus on the plight of those who, despite working, are poor. This important book is the first to unreservedly meet the challenge of defining, measuring, and comparing the legal regimes to combat in-work poverty in Europe, fully attending to the strengths and shortcomings of indicators and allowing the assessment of comparative best practices among the Member States. The distinguished contributors each describe and analyse this complex and multidimensional phenomenon, with its manifold and intertwined causes, in relation to such factors as the following: employment-related factors (wage, type of contract, atypical employment); worker’s socio-demographic characteristics (level of education, gender, age, country of birth); size and composition of household; household work intensity; and institutional factors (childcare, flexible work arrangements, employment protection, housing, technological change). In a major innovation, the book’s methodology approaches the ‘working poor’ by distinctly defining four groups of vulnerable and under-represented persons (VUPs) with detailed statistical information on in-work poverty in each group. Following an in-depth introduction focusing on the definition and ramifications of the concept of in-work poverty – including a discussion of legal scholarship and relevant EU instruments – the situations in seven EU Member States (Belgium, Germany, Italy, Luxembourg, the Netherlands, Poland, and Sweden) are compared, revealing important variations. For each of the VUP groups, these chapters explain their composition at the national level and assess the impact of regulation on the incidence of in-work poverty. The last chapter highlights differences and similarities in an attempt to find patterns and identify common regulatory problems and best practices. The book’s comparative perspective greatly assists in understanding in-work poverty determinants, appraising varieties of relevant national policies, and stimulating the development of effective legal measures. With its close analysis of the limitations of existing measurement indicators, the book sheds light on the role of regulation in the prevalence and persistence of the phenomenon and equips policymakers at the EU and national levels with targeted tools to tackle this severe social problem.

Transformations of Work: Challenges for the Institutions and Social Actors

Author : Giuseppe Casale
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403508949
Total Pages : 386 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Transformations of Work: Challenges for the Institutions and Social Actors by : Giuseppe Casale

Download or read book Transformations of Work: Challenges for the Institutions and Social Actors written by Giuseppe Casale and published by Kluwer Law International B.V.. This book was released on 2019-02-15 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Market volatility and uncertainty have put welfare and social security policies back centre stage and point up the need for closer links with employment policy. The inability of existing income support systems to respond to the increasing fragmentation of people's working careers, the needs of people in difficulty, and the spread of various forms of poverty calls for well-coordinated and efficient responses. This volume highlights the best practices in the various regions of the world in the contexts of international and EU labour law, industrial relations, and social security. Authoritative reports by leading scholars of labour law and social security – originally presented at the twenty-second World Congress of the International Society for Labour and Social Security Law (ISLSSL) held in Turin in September 2018 – cover the following research themes in depth: – informal workers; – migrant workers; – global trade and labour; – organization, productivity, and well-being at work; – transnational collective agreements; – new forms of social security; and – the role of the State and industrial relations. In its insistence that, despite the radical changes in the world of work and business brought about by globalization and digital technologies, the decisions of institutions and public and private actors can lead to a more coherent system of international economic and social governance, this timely volume shows the way forward. Practitioners, policymakers, and scholars in the relevant fields will bene_ t immeasurably from its expert analyses and recommendations.

Routledge Handbook on Labour in Construction and Human Settlements

Author : Edmundo Werna
Publisher : Taylor & Francis
ISBN 13 : 1003809316
Total Pages : 265 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Routledge Handbook on Labour in Construction and Human Settlements by : Edmundo Werna

Download or read book Routledge Handbook on Labour in Construction and Human Settlements written by Edmundo Werna and published by Taylor & Francis. This book was released on 2023-12-12 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Routledge Handbook on Labour in Construction and Human Settlements presents a detailed and comprehensive examination of the relationship between labour and the built environment, and synergises these critical focus areas in innovative ways. This unrivalled edited collection of chapters analyses problems and presents possible solutions related to the employment and conditions of workers in the construction industry. It provides comprehensive coverage of the relationship between the global workforce and the built environment and is divided into four topical areas: how labour and the built environment relate to development; employment generation in the built environment; quality of employment in the built environment; and the impact of the built environment on labour in other sectors. Underpinning the entire book is the premise that the way the built environment is produced, and its main products – buildings, cities and towns – have an impact on large numbers of workers. At the same time, the quality of the built environment requires construction workers who are well trained and with good working conditions. While cities and towns are the engines of economic growth, they will not be able to fulfil their economic potential if poverty in the workforce is not addressed. Those who are unemployed, underemployed or work in unfavourable conditions cannot fully contribute to production, and at the same time are limited in their ability to purchase goods and services – therefore limiting economic growth and restricting improvements in their living standards. In addition, investments in infrastructure, housing and inner-city redevelopment cannot be sustainable if labour issues – i.e., poverty – are not addressed. This book aims at analysing this complex set of issues comprehensively and will be essential reading to a wide range of researchers across the interdisciplinary intersections of construction, business and management, economic development, urban studies, sociology, political science and project management.

American Labor and the Law

Author : Matthew W. Finkin
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506555
Total Pages : 160 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis American Labor and the Law by : Matthew W. Finkin

Download or read book American Labor and the Law written by Matthew W. Finkin and published by Kluwer Law International B.V.. This book was released on 2019-01-11 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States and worldwide, the “labor question” has recrudesced. Old issues have resurged, sometimes in altered guise. New issues have emerged. Both test the twentieth century's solutions. This work explores the arc of labor law in the United States up to the changes that have reordered business and employment at the century's turn – the resurgence of old issues in new dress and the emergence of new issues, of which the deployment of technologies – roboticization and computerization – has been the catalyst. It closes on the issues labor law is facing in the twenty-¬first century, including the imponderable of yet a new need to address the de¬finition of citizenship. The author's thorough coverage of the relevant terrain draws on social and legal history, and also on the current wealth of economic studies across the range of such pressing issues as the following: – wages; – precarity of work; – employee representation; – health and safety; – job discrimination; – employee mobility; – privacy; – job displacement; – anti-retaliation; – wrongful dismissal; – accelerating use of automation, robotization, and computerization; – segmentation and polarization of the labor market; – ¬ ssurization of jobs; – labor segmentation and polarization; – union implosion; and – privatization of law. At a critical moment when the various strands of all these issues are becoming intertwined, this hugely informative book elucidates how labor law stands today in the United States, and by extension in many other countries. This book provides a necessary background for comparative engagement with economic change. Because the developments it deals with are global, this is critical reading for policy makers, academics, students, and an enlightened public to put what is happening in larger historical context as seen from the paradigm neoliberal economy and its legal institutions.

Employment Law and the European Convention on Human Rights

Author : Elena Sychenko
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403540664
Total Pages : 224 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Employment Law and the European Convention on Human Rights by : Elena Sychenko

Download or read book Employment Law and the European Convention on Human Rights written by Elena Sychenko and published by Kluwer Law International B.V.. This book was released on 2023-08-22 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the tendency of the European Court of Human Rights (ECtHR) to treat human rights as indivisible and consider cases relevant to employment has contributed significantly to jurisprudence relating to human rights at work in the Council of Europe. This indispensable book is the first to thoroughly survey and analyse recent ECtHR’s cases relevant to employment law. It is based on a deeply informed structural analysis of more than fifty cases considered by the ECtHR during 2017–2021, many of which have not heretofore been considered in the legal literature. The authors examine, in particular, the following topics raised in the jurisprudence of the ECtHR: privacy and surveillance; freedom of thought, conscience and religion; freedom of expression; discrimination; unfair dismissal; forced labour; collective bargaining; and the right to strike. The authors explore the reasoning that led the ECtHR to broaden the scope of Article 8 ECHR, which protects the right to private life, in order to develop new employment rights. They also detail the impact of International Labour Organization (ILO) standards on the Court’s jurisprudence. As a clear and eminently useable guide to the applicability of ECHR for protection of labour rights and human rights at work, this book is of practical value to labour lawyers in spelling out the legal positions of the ECtHR which might support individual and collective labour rights protection in national proceedings. Academics in the field will appreciate the authors’ clarification of the trends of the ECtHR’s reasoning, especially in respect of the right to workplace privacy.

EU Law on Maternity and Other Child-Related Leaves

Author : Miguel De la Corte-Rodríguez
Publisher : Kluwer Law International B.V.
ISBN 13 : 940351454X
Total Pages : 383 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis EU Law on Maternity and Other Child-Related Leaves by : Miguel De la Corte-Rodríguez

Download or read book EU Law on Maternity and Other Child-Related Leaves written by Miguel De la Corte-Rodríguez and published by Kluwer Law International B.V.. This book was released on 2019-09-04 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although proven effective in protecting pregnancy, giving birth and breastfeeding – that is, the biological differences of women related to maternity – the current European Union (EU) legislative framework on maternity leave tends to overlook the roles of both parents, especially during the post-delivery period of ‘bonding’ with the child. This framework, along with EU law on parental leave, which does not encourage an equal take-up of the leave, gives rise to serious issues of gender equality affecting both men and women. This deeply researched and urgent book proposes alternative options for future EU law on child-related leave which can be applied to both employees and self-employed workers to mitigate these limitations and side effects. Analysing the various EU Directives which, directly or indirectly, relate to maternity leave, paternity leave, adoption leave and parental leave, as well as the corresponding case law of the Court of Justice of the EU, the author uses a social risk approach and tackles the following issues: narrow focus of the legislation on the delivering mother’s incapacity to work; in practice, excessive emphasis on the protection of the delivering mother; silent assent to the unequal distribution of caring responsibilities within the family; lack of attention to women’s labour market outcomes; and the new direction followed by the recently adopted Directive on work-life balance. The research focuses on working parents (including non-delivering parents in same-sex couples or adoption) and includes a comparative analysis of the law of six countries – Belgium, Ireland, Spain, the United Kingdom, Sweden and Portugal – chosen to illustrate the variety of national schemes available and how their desirable features can be introduced into EU law. A more balanced design of child-related leave is a must in today’s society for reasons of fairness and also for economic considerations. This complete analysis of EU legislation and case law about child-related leave – including the first-ever systematic and in-depth analysis on whether maternity leave can be considered discriminatory against fathers and a review of economic literature on how child-related leave affects the situation of women in the labour market – offers forward-looking solutions for child-related leave to enhance gender equality. Practitioners and nongovernmental organisations dealing with EU and national matters related to labour and employment law, social security law and gender equality law will welcome this important book, as will academics and policymakers interested in maternity and other child-related leaves.