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.

Download or read book Contract Labour Law and the Realities of Working Life written by Eugene Schofield-Georgeson and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book offers a critical and timely account of how labour law has become a means for protecting employers rather than workers. The past few decades have witnessed something of a 'silent revolution' in the traditional protective role that labour law has played in the lives of workers. While this transformation has been overt in the realm of the market and at the level of the legislature, the role of the judiciary in this process remains significantly under-studied. Focusing on Australia, but drawing also on material from New Zealand, the UK and Canada, this book investigates how the common law has intervened to shape labour law in the image of commercial contract, determining disputes and defining legal issues by ignoring the realities of working life. Under this new conception of labour law, industrial relations between workers and employers are rarely reciprocal or relational. Rather, they are determined by the legal meaning and purpose of the contract of employment, drafted by lawyers for the benefit of employers and their human resources departments. Having demonstrated how approaches to contractual formalist legal reasoning have redefined labour law, this book goes on to propose an array of innovative legal and policy strategies to restore the protective role of labour law to the employment relationship. Scholarly, but also accessible to students, this book will appeal to those with interests in labour law, contract law and sociolegal studies"--

Download or read book Contract Labour Law and the Realities of Working Life written by Eugene Schofield-Georgeson and published by Taylor & Francis. This book was released on 2024-07-05 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a critical and timely account of how labour law has become a means for protecting employers rather than workers. The past few decades have witnessed something of a ‘silent revolution’ in the traditional protective role that labour law has played in the lives of workers. While this transformation has been overt in the realm of the market and at the level of the legislature, the role of the judiciary in this process remains significantly under-studied. Focussing on Australia, but drawing also on material from New Zealand, the UK and Canada, this book investigates how the common law has intervened to shape labour law in the image of commercial contract, determining disputes and defining legal issues by ignoring the realities of working life. Under this new conception of labour law, industrial relations between workers and employers are rarely reciprocal or relational. Rather, they are determined by the legal meaning and purpose of the contract of employment, drafted by lawyers for the benefit of employers and their human resources departments. Having demonstrated how approaches to contractual formalist legal reasoning have redefined labour law, this book goes on to propose an array of innovative legal and policy strategies to restore the protective role of labour law to the employment relationship. Scholarly, but also accessible to students, this book will appeal to those with interests in labour law, contract law and sociolegal studies.

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.

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.

Download or read book The Guide to Working Life written by Institute of Employment Rights and published by . This book was released on 1996 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Working Life written by Keith D. Ewing and published by . This book was released on 1996 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Puts forward proposals for the future development of UK labour law aimed at strengthening the legal rights of workers. Discusses the legacy of deregulatory policies and the need for re-regulation. Makes recommendations concerning reform of the employment relationship, rebuilding collective bargaining structures, establishing core statutory rights, elimination of discriminatory employment practices, trade union rights, and reform of the existing machinery for the enforcement of employment rights.

Download or read book Labour Law and Social Protection in a Globalized World written by Jan Pichrt and published by Kluwer Law International B.V.. This book was released on 2018-09-07 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of jobs and labour law standards achieved by employees in the past has been under pressure from neoliberalization forces for many years. The focused perspectives evident in this original collection of essays go a long way toward clearly de? ning where labour law and social security law must set their sights in order to preserve fair and productive employer-employee relations in the new world of work. Distinguished researchers study the changing realities confronting the labour market, in public policy as well as in industrial relations. Issues and topics include the following: – integration of immigrants into industrial relations; – the social situation of migrant workers; – new phenomena brought by the digital age; – temporary agency work; – harmonizing family and working lives; – sport and labour law; – the role of European Works Councils; and – social and labour reforms. Throughout this book, the contributors emphasize the changing role of the state and reform agendas. Although the central focus is on Europe, there is an abundance of comparative detail, allowing for global application. As a matchless, up-to-date overview and analysis of how new and emerging forms of employment and industrial relations impact employee security, this book will be warmly welcomed by practitioners, academics, and policymakers concerned with ensuring the persistence of fair and viable standards in labour and social security law.

Download or read book The Employment Contract in Transforming Labour Relations written by Lammy Betten and published by Springer. This book was released on 1995-10-26 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Employment Contract in Transforming Labour Relations provides a world-wide analysis of the changing role of the contract of employment in modern societies. The central question in this book is whether the contract of employment still serves its traditional purpose in a period marked by the so-called `globalisation of the economy' with the concomitant calls for flexibility in and deregulation of the labour markets in capitalist countries. Highly regarded authors from a number of European countries, as well as Japan, Australia and the United States, have contributed to this exciting comparative exercise which provides vital reading for anyone interested in the restructuring which labour relations must undergo to meet the demands of a newly emerging (post) industrial society.

Download or read book The Law of the Labour Market written by Simon F. Deakin and published by Oxford University Press on Demand. This book was released on 2005 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of a 'labour market' in industrial societies implies not just greater competition and increased mobility of economic resources, but also the specific form of the work relationship which is described by the idea of wage labour and its legal expression, the contract of employment.This book examines the evolution of the contract of employment in Britain through a close investigation of changes in its juridical form during and since the industrial revolution. The initial conditions of industrialization and the subsequent growth of a particular type of welfare state are shownto have decisively shaped the evolutionary path of British labour and social security law. In particular, the authors argue that nature of the legal transition which accompanied industrialization in Britain cannot be adequately captured by the conventional idea of a movement from status to contract. What emerged from the industrial revolution was not a general model of the contract ofemployment, but rather a hierarchical conception of service, which originated in the Master and Servant Acts and was slowly assimilated into the common law. It was only as a result of the growing influence of collective bargaining and social legislation, and with the spread of large-scaleenterprises and of bureaucratic forms of organization, that the modern term 'employee' began to be applied to all wage and salary earners. The concept of the contract of employment which is familiar to modern labour lawyers is thus a much more recent phenomenon than has been widely supposed. Thishas important implications for conceptualizations of the modern labour market, and for the way in which current proposals to move 'beyond' the employment model, in the face of intensifying technological and institutional change, should be addressed.

Download or read book The Common Law Employment Relationship written by Gordon Anderson and published by Edward Elgar Publishing. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contract of employment provides in many jurisdictions the legal foundation for the employment of workers. This book examines how the development of the common law under the influence of contemporary social and economic pressures has caused this contract to evolve. International employment law experts provide a comparative study of the contract of employment across three closely related common law jurisdictions: the UK, Australia and New Zealand. Adopting a thematic approach, they analyse the key facets of the common law of employment such as who is an employee, the implied duties of employees and the restraints on employee mobility. Examining the interaction between common law and domestic statutory law and the politics and labour relations systems, this book considers the legal variations for each jurisdiction and its response to new developments in employment. It addresses the capacity of the common law to respond to contemporary developments such as the `gig' economy and the increasingly intrusive surveillance of employees, both at work and in their private lives. Insightful and contemporary, this book will appeal to students and scholars of employment and contract law as well as those studying comparative law more widely. Practitioners involved in employment policy or employment litigation will also benefit from the wealth of up-to-date knowledge on common law trends and developments.

Download or read book Labour Law Fifth Edition written by Simon Deakin and published by Hart Publishing. This book was released on 2009-08-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour law is a highly dynamic and complex field which can be properly understood only in its broader international and historical context. Deakin and Morris: Labour Law, a work increasingly cited as authoritative in the higher appellate courts, provides a comprehensive analysis of current British labour law which explains the role of different legal sources, as well as social and economic policy, in its development. It thus enables readers to obtain a deeper insight into likely future, as well as past, changes in the law. The new edition, while following the broad pattern of previous editions, highlights important new developments in the areas of the contract of employment, discipline and dismissal, discrimination law, EU law, employee representation, human rights, 'work-life balance' policies, trade union law and industrial action law. The book examines in detail the law governing individual employment relations, with chapters covering the definition of the employment relationship; the sources and regulation of terms and conditions of employment; discipline and termination of employment; and equality of treatment. This is followed by an analysis of the elements of collective labour law - the forms of collective organisation, freedom of association, employee representation, internal trade union government, and the law relating to industrial action. The fifth edition of Deakin and Morris: Labour Law is an essential text for students of law and of disciplines related to management and industrial relations, for barristers and solicitors working in the field of labour law, and for all those with a serious interest in the subject.

Download or read book Feminist Perspectives on Employment Law written by Anne Morris and published by Routledge. This book was released on 2013-03-04 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whilst equal pay, maternity rights and sex discrimination have received attention from feminist scholars, there is an increasing awareness that the whole working environment needs to be examined. This text presents a discussion of traditional and less obvious aspects of employment.

Download or read book Work Life Balance in the Modern Workplace written by Sarah De Groo and published by Kluwer Law International B.V.. This book was released on 2017-06-23 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term ‘work-life balance’ refers to the relationship between paid work in all of its various forms and personal life, which includes family but is not limited to it. In addition, gender permeates every aspect of this relationship. This volume brings together a wide range of perspectives from a number of different disciplines, presenting research ndings and their implications for policy at all levels (national, sectoral, enterprise, workplace). Collectively, the contributors seek to close the gap between research and policy with the intent of building a better work-life balance regime for workers across a variety of personal circumstances, needs, and preferences. Among the issues and topics covered are the following: – differences and similarities between men and women and particularly between mothers and fathers in their work choices; – ‘third shift’ work (work at home at night or during weekends); – effect of the extent to which employers perceive management of this process to be a ‘burden’; – employers’ exploitation of the psychological interconnection between masculinity and breadwinning; – organisational culture that is more available for supervisors than for rank and le workers; – weak enforcement mechanisms and token penalties for non-compliance by employers; – trade unions as the best hope for precarious workers to improve work-life balance; – crowd-work (on-demand performance of tasks by persons selected remotely through online platforms from a large pool of potential and generic workers); – an example of how to use work-life balance insights to evaluate the law; – collective self-scheduling; – employers’ duty to accommodate; and – nancial hardship as a serious threat to work-life balance. As it has been shown clearly that work-life con ict is associated with negative health outcomes, exacerbates gender inequalities, and many other concerns, this unusually rich collection of essays will resonate particularly with concerned lawyers and legal academics who ask what work-life balance literature has to offer and how law should respond.

Download or read book The Routledge Handbook of Law and Society written by Mariana Valverde and published by Routledge. This book was released on 2021-03-03 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative handbook provides a comprehensive, and truly global, overview of the main approaches and themes within law and society scholarship or social-legal studies. A one-volume introduction to academic resources and ideas that are relevant for today’s debates on issues from reproductive justice to climate justice, food security, water conflicts, artificial intelligence, and global financial transactions, this handbook is divided into two sections. The first, ‘Perspectives and Approaches’, accessibly explains a variety of frameworks through which the relationship between law and society is addressed and understood, with emphasis on contemporary perspectives that are relatively new to many socio-legal scholars. Following the book’s overall interest in social justice, the entries in this section of the book show how conceptual tools originate in, and help to illuminate, real-world issues. The second and largest section of the book (42 short well-written pieces) presents reflections on topics or areas concerning law, justice, and society that are inherently interdisciplinary and that are relevance to current – but also classical – struggles around justice. Informing readers about the lineage of ideas that are used or could be used today for research and activism, the book attends to the full range of local, national and transnational issues in law and society. The authors were carefully chosen to achieve a diverse and non-Eurocentric view of socio-legal studies. This volume will be invaluable for law students, those in inter-disciplinary programs such as law and society, justice studies and legal studies, and those with interests in law, but based in other social sciences. It will also appeal to general readers interested in questions of justice and rights, including activists and advocates around the world.

Download or read book The Capability Approach to Labour Law written by Brian Langille and published by Oxford University Press. This book was released on 2019-04-04 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at the nature of the basic relationship between CA and labour law-do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.

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