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 301 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.

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 301 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.

Download or read book The Oxford Handbook of the Law of Work written by and published by Oxford University Press. This book was released on 2024-08-15 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated. This Handbook examines the 'law of work', a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour unions, but also discussions on the contested boundaries and efforts to expand the scope of some laws regulating work beyond the traditional boundaries. Written by a team of experts in the field of labour law, the Handbook offers a comprehensive review and analysis, both theoretical and critical. It includes 60 chapters, divided into four parts. Part A establishes the fundamentals, including the historical development of the law of work, why it is needed, the conceptual building blocks, and the unsettled boundaries. Part B considers the core concerns of the law of work, including the contract of employment doctrines, main protections in employment legislation, the regulation of collective relations, discrimination, and human rights. Part C looks at the international and transnational dimension of the law of work. The final Part examines overarching themes, including discussion of recent developments such as gig work, online work, artificial intelligence at work, sustainable development, amongst others.

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.

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.

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: The concept of the employer has been surprisingly ignored in employment and corporate law, leaving protective norms unable to grapple with modern work arrangements. This book scrutinises the received concept of a unitary employer providing a functional reconceptualization as a framework for future arguments and coherent judicial decision-making.

Download or read book The Cambridge Handbook of U S Labor Law for the Twenty First Century written by Richard Bales and published by Cambridge University Press. This book was released on 2019-12-05 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.

Download or read book Law and the Sharing Economy written by Derek McKee and published by University of Ottawa Press. This book was released on 2018-11-27 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Controversy shrouds sharing economy platforms. It stems partially from the platforms’ economic impact, which is felt most acutely in certain sectors: Uber drivers compete with taxi drivers; Airbnb hosts compete with hotels. Other consequences lie elsewhere: Uber is associated with a trend toward low-paying, precarious work, whereas Airbnb is accused of exacerbating real estate speculation and raising the cost of long-term rental housing. While governments in some jurisdictions have attempted to rein in the platforms, technology has enabled such companies to bypass conventional regulatory categories, generating accusations of “unfair competition” as well as debates about the merits of existing regulatory regimes. Indeed, the platforms blur a number of familiar distinctions, including personal versus commercial activity; infrastructure versus content; contractual autonomy versus hierarchical control. These ambiguities can stymie legal regimes that rely on these distinctions as organizing principles, including those relating to labour, competition, tax, insurance, information, the prohibition of discrimination, as well as specialized sectoral regulation. This book is organized around five themes: technologies of regulation; regulating technology; the sites of regulation (local to global); regulating markets; and regulating labour. Together, the chapters offer a rich variety of insights on the regulation of the sharing economy, both in terms of the traditional areas of law they bring to bear, and the theoretical perspectives that inform their analysis. Published in English.

Download or read book New Directions for Law in Australia written by Ron Levy and published by ANU Press. This book was released on 2017-09-22 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt: For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.

Download or read book Architectural Research Methods written by Linda N. Groat and published by John Wiley & Sons. This book was released on 2013-04-03 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical guide to research for architects and designers—now updated and expanded! From searching for the best glass to prevent glare to determining how clients might react to the color choice for restaurant walls, research is a crucial tool that architects must master in order to effectively address the technical, aesthetic, and behavioral issues that arise in their work. This book's unique coverage of research methods is specifically targeted to help professional designers and researchers better conduct and understand research. Part I explores basic research issues and concepts, and includes chapters on relating theory to method and design to research. Part II gives a comprehensive treatment of specific strategies for investigating built forms. In all, the book covers seven types of research, including historical, qualitative, correlational, experimental, simulation, logical argumentation, and case studies and mixed methods. Features new to this edition include: Strategies for investigation, practical examples, and resources for additional information A look at current trends and innovations in research Coverage of design studio–based research that shows how strategies described in the book can be employed in real life A discussion of digital media and online research New and updated examples of research studies A new chapter on the relationship between design and research Architectural Research Methods is an essential reference for architecture students and researchers as well as architects, interior designers, landscape architects, and building product manufacturers.

Download or read book The Hidden Rules of Race written by Andrea Flynn and published by Cambridge University Press. This book was released on 2017-09-08 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the racial rules that are often hidden but perpetuate vast racial inequities in the United States.

Download or read book Creighton Stewart s Labour Law written by William Breen Creighton and published by . This book was released on 2016 with total page 1138 pages. Available in PDF, EPUB and Kindle. Book excerpt: The latest edition of this leading text features a new and expanded team of authors, who explain and analyse Australia's complex system of labour regulation.The book has been substantially restructured and updated to cover the many statutory amendments introduced or proposed over the past five years, especially to the Fair Work legislation, but also on matters such as work health and safety.A particular feature is the coverage of the Productivity Commission's 2015 report on the workplace relations system, outlining both its assessment of the regulatory framework and recommendations for change. There is discussion too of other important inquiries and reviews, including the Fair Work Commission's changes to the modern award system and the Heydon Royal Commission into Trade Union Governance and Corruption. The new edition also outlines the policy proposals released during the 2016 election campaign and explores the potential for future reforms.The new edition also makes extensive reference to new decisions by the courts and tribunals, on matters such as the distinction between employees and independent contractors, enterprise bargaining, trust and confidence in the employment relationship, the burden of proof in adverse action claims, and much more besides.As always, the book is full of pointers to further reading, with a substantial bibliography and index connecting readers to the voluminous academic literature on the subject. A new chapter also explores some of the insights to be gained from various theoretical perspectives on the concept of 'regulation' in general, and labour regulation in particular.Creighton & Stewart's Labour Law continues to offer the most comprehensive and authoritative account of the subject for students and practitioners alike.

Download or read book Modern Germany Reconsidered written by Gordon Martel and published by Routledge. This book was released on 2002-11-01 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2004. In this major textbook, leading international scholars provide clear, concise summaries of many of the most important controversies and developments in German history from 1870-1945. Twelve contributors, distinguished for their detailed and original work, summarize the nature of the controversies, explain the various interpretations, and offer their own conclusions and arguments. Each essay is new and has been specially commissioned for this book. Modern Germany Reconsidered represents essential reading for second- and third-year undergraduates on a range of Modern Germany courses. The book has been designed and written exclusively for students, to function as a major course text, or as a set of supplementary readings to support other texts. Modern Germany Reconsidered follows the chronological development of the whole range of modern German history, whilst highlighting themes of special interest: the role of women, economics, German liberalism, the Holocaust.

Download or read book Principles of Economic Sociology written by Richard Swedberg and published by Princeton University Press. This book was released on 2009-10-08 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last fifteen years have witnessed an explosion in the popularity, creativity, and productiveness of economic sociology, an approach that traces its roots back to Max Weber. This important new text offers a comprehensive and up-to-date overview of economic sociology. It also advances the field theoretically by highlighting, in one analysis, the crucial economic roles of both interests and social relations. Richard Swedberg describes the field's critical insights into economic life, giving particular attention to the effects of culture on economic phenomena and the ways that economic actions are embedded in social structures. He examines the full range of economic institutions and explicates the relationship of the economy to politics, law, culture, and gender. Swedberg notes that sociologists too often fail to properly emphasize the role that self-interested behavior plays in economic decisions, while economists frequently underestimate the importance of social relations. Thus, he argues that the next major task for economic sociology is to develop a theoretical and empirical understanding of how interests and social relations work in combination to affect economic action. Written by an author whose name is synonymous with economic sociology, this text constitutes a sorely needed advanced synthesis--and a blueprint for the future of this burgeoning field.

Download or read book South Africa Pushed to the Limit written by Hein Marais and published by Bloomsbury Publishing. This book was released on 2011-01-13 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1994, the democratic government in South Africa has worked hard at improving the lives of the black majority, yet close to half the population lives in poverty, jobs are scarce, and the country is more unequal than ever. For millions, the colour of people's skin still decides their destiny. In his wide-ranging, incisive and provocative analysis, Hein Marais shows that although the legacies of apartheid and colonialism weigh heavy, many of the strategic choices made since the early 1990s have compounded those handicaps. Marais explains why those choices were made, where they went awry, and why South Africa's vaunted formations of the left -- old and new -- have failed to prevent or alter them. From the real reasons behind President Jacob Zuma's rise and the purging of his predecessor, Thabo Mbeki, to a devastating critique of the country's continuing AIDS crisis, its economic path and its approach to the rights and entitlements of citizens, South Africa Pushed to the Limit presents a riveting benchmark analysis of the incomplete journey beyond apartheid.

Download or read book My Tiny Life written by Julian Dibbell and published by Julian Dibbell. This book was released on 1998 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This novelistic rendering of a true account tells of a celebrated rape case which took place in an electronic "salon", where Internet junkies have created their own interactive fantasy realm.

Download or read book Shifting Solidarities written by Ine Van Hoyweghen and published by Springer Nature. This book was released on 2020-06-23 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shifting Solidarities offers a comprehensive analysis of solidarity at a time when major social transformations have penetrated the heart of European societies, disrupting markets and labour relations, transforming social practices, and affecting the moral infrastructure of European welfare states. Factors such as the economic crisis, migration, digitalisation, and climate change all contribute to a sense of emergency. This volume considers how, in times of crisis, there are calls for solidarity by various new social and political actors and movements. The contributions present a broad array of empirical work and critical scholarship, zooming in on shifting solidarities in various domains of social life, including work, social policy, health care, religion, family, gender and migration. This compelling volume provides a unique resource for understanding solidarity in contemporary Europe, and will be a vital text for students and scholars across sociology, social policy, cultural studies, employment/labour markets and organisation studies, migration studies and European studies.