Download or read book Rethinking Workplace Regulation written by Katherine V.W. Stone and published by Russell Sage Foundation. This book was released on 2013-02-14 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the middle third of the 20th century, workers in most industrialized countries secured a substantial measure of job security, whether through legislation, contract or social practice. This “standard employment contract,” as it was known, became the foundation of an impressive array of rights and entitlements, including social insurance and pensions, protection against unsociable working conditions, and the right to bargain collectively. Recent changes in technology and the global economy, however, have dramatically eroded this traditional form of employment. Employers now value flexibility over stability, and increasingly hire employees for short-term or temporary work. Many countries have also repealed labor laws, relaxed employee protections, and reduced state-provided benefits. As the old system of worker protection declines, how can labor regulation be improved to protect workers? In Rethinking Workplace Regulation, nineteen leading scholars from ten countries and half a dozen disciplines present a sweeping tour of the latest policy experiments across the world that attempt to balance worker security and the new flexible employment paradigm. Edited by noted socio-legal scholars Katherine V.W. Stone and Harry Arthurs, Rethinking Workplace Regulation presents case studies on new forms of dispute resolution, job training programs, social insurance and collective representation that could serve as policy models in the contemporary industrialized world. The volume leads with an intriguing set of essays on legal attempts to update the employment contract. For example, Bruno Caruso reports on efforts in the European Union to “constitutionalize” employment and other contracts to better preserve protective principles for workers and to extend their legal impact. The volume then turns to the field of labor relations, where promising regulatory strategies have emerged. Sociologist Jelle Visser offers a fresh assessment of the Dutch version of the ‘flexicurity’ model, which attempts to balance the rise in nonstandard employment with improved social protection by indexing the minimum wage and strengthening rights of access to health insurance, pensions, and training. Sociologist Ida Regalia provides an engaging account of experimental local and regional “pacts” in Italy and France that allow several employers to share temporary workers, thereby providing workers job security within the group rather than with an individual firm. The volume also illustrates the power of governments to influence labor market institutions. Legal scholars John Howe and Michael Rawling discuss Australia's innovative legislation on supply chains that holds companies at the top of the supply chain responsible for employment law violations of their subcontractors. Contributors also analyze ways in which more general social policy is being renegotiated in light of the changing nature of work. Kendra Strauss, a geographer, offers a wide-ranging comparative analysis of pension systems and calls for a new model that offers “flexible pensions for flexible workers.” With its ambitious scope and broad inquiry, Rethinking Workplace Regulation illustrates the diverse innovations countries have developed to confront the policy challenges created by the changing nature of work. The experiments evaluated in this volume will provide inspiration and instruction for policymakers and advocates seeking to improve worker’s lives in this latest era of global capitalism.
Download or read book Creative Labour Regulation written by D. McCann and published by Springer. This book was released on 2014-02-12 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume is at the forefront of the academic and policy debates on effective labour regulation, offering innovative approaches to research and policy. It is an interdisciplinary response to the central challenges that face modern labour regulation and draws on contributions by leading experts in a range of disciplines.
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.
Download or read book Vulnerability and the Legal Organization of Work written by Martha Albertson Fineman and published by Routledge. This book was released on 2017-07-06 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees. Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees. Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.
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 2016-05-06 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The mismatch between goals and means is a major cause of crisis in labour law. The regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. This mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic changes in the labour market. Adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. It first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. The book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. Some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. The book offers several examples of the way a purposive analysis should be performed in concrete cases. It also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. Finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered.
Download or read book Zero Hours and On call Work in Anglo Saxon Countries written by Michelle O’Sullivan and published by Springer. This book was released on 2019-04-25 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on zero hours and on-call work as an extreme form of casual and precarious employment. It includes country studies of the USA, Canada, Australia, the UK, New Zealand and Ireland, where there has been increasing concern about the prevalence of such work, and working time uncertainty, as well as varying levels of public policy debate on regulation. The book incorporates a comparative review of zero hours work based on the findings of the country studies. This pays particular attention to state regulatory responses to zero hours work, and incorporates the sociological concepts of accumulation and legitimation functions of the state. Exploring the regulation of zero hours work beyond individual countries, the book includes an analysis of external regulation of zero hours work at the supranational level, namely the European Union and ILO. Further, it assesses the implications of zero hours for workers in new sectors of economic activity, particularly the impact of the platform or ‘gig’ economy on the fundamental nature of the employment relationship. It also considers the societal implications of zero hours work and the ethical responsibilities of employers and governments towards workers as citizens.
Download or read book Living Wage written by Shelley Marshall and published by Oxford University Press. This book was released on 2019-01-17 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is driven by a quest to re-regulate work to reduce informality and inequality, and promote a living wage for more people across the world. It presents the findings of a multidisciplinary study in four countries of varying wealth and development, exploring why people become trapped in precarious work. The accounts describe the impact of supply chain governance, trade agreements, internal and between-country migration, legal factors, as well as the socio-economic characteristics and outlooks of the workers. In a unique approach, the chapters describe existing labour regulation measures that have succeeded, but which have to date attracted little scholarly attention. Building on these existing innovations, the book proposes a new international labour law which would incrementally increase the wages of the poor and regulate precarious work in global supply chains.
Download or read book Platform Economy Puzzles written by Meijerink, Jeroen and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Searching for paid tasks via digital labour platforms, such as Uber, Deliveroo and Fiverr, has become a global phenomenon and the regular source of income for millions of people. In the advent of digital labour platforms, this insightful book sheds new light on familiar questions about tensions between competition and cooperation, short-term gains and long-term success, and private benefits and public costs. Drawing on a wealth of knowledge from a range of disciplines, including law, management, psychology, economics, sociology and geography, it pieces together a nuanced picture of the societal challenges posed by the platform economy.
Download or read book The Right to Work written by Virginia Mantouvalou and published by Bloomsbury Publishing. This book was released on 2015-01-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The value of work cannot be underestimated in today's world. Work is valuable because productive labour generates goods needed for survival, such as food and housing; goods needed for self-development, such as education and culture; and other material goods that people wish to have in order to live a fulfilling life. A job also generally inspires a sense of achievement, self-esteem and the esteem of others. People develop social relations at work, which can be very important for them. Work brings both material and non-material benefits. There is no doubt that work is a crucial good. Do we have a human right to this good? What is the content of the right? Does it impose a duty on governments to promote full employment? Does it entail an obligation to protect decent work? There is also a question about the right-holders. Do migrants have a right to work, for example? At the same time many people would rather not work. What kind of right is this, if many people do not want to have it? The chapters of this book address the uncertainty and controversy that surround the right to work both in theoretical scholarship and in policymaking. They discuss the philosophical underpinnings of the right to work, and its development in human rights law at national level (in jurisdictions such as the United Kingdom, Australia, Japan, France and the United States) and international level (in the context of the United Nations, the European Social Charter, the International Labour Organization, theEuropean Convention on Human Rights and other legal orders).
Download or read book Principled Labor Law written by Sergio Gamonal C. and published by Oxford University Press. This book was released on 2019-10-06 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches, "third way" market regulation, and laissez-faire all now vie for attention - at least in English. Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.
Download or read book Empty Promises written by Elizabeth J. Shilton and published by McGill-Queen's Press - MQUP. This book was released on 2016-09-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workplace pensions are a vital part of Canada’s retirement income system, but these plans have reached a state of crisis as a result of their low coverage and inadequate, insecure, and unequally distributed benefits. Reviewing pension plans through a legal and historical lens, Empty Promises reveals the paradoxical effects and inevitable failure of a pension system built on the interests of employers rather than employees. Elizabeth Shilton examines the evolution of pension law in Canada from the 1870s to the early twenty-first century, highlighting the foreseeably futile struggle of legislators to create and sustain employees’ pension rights without undermining employers’ incentives. The current system gives employers considerable discretion and control in pension design and administration. Shilton appeals for a model that is not hostage to business interests. She recommends replacing today’s employer-controlled systems with pensions shaped by the public interest, expanding mandatory broad-based or state-pension systems such as the Canada Pension Plan to generate pensions that respond to the changing workplace and address the needs and interests of retirees. Engaging with the long-running debate on whether Canadians should look to government or to the private sector for retirement income security, Empty Promises is a crucial work concerned with the future of the Canadian retirement system.
Download or read book Regulatory Theory written by Peter Drahos and published by ANU Press. This book was released on 2017-02-23 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume introduces readers to regulatory theory. Aimed at practitioners, postgraduate students and those interested in regulation as a cross-cutting theme in the social sciences, Regulatory Theory includes chapters on the social-psychological foundations of regulation as well as theories of regulation such as responsive regulation, smart regulation and nodal governance. It explores the key themes of compliance, legal pluralism, meta-regulation, the rule of law, risk, accountability, globalisation and regulatory capitalism. The environment, crime, health, human rights, investment, migration and tax are among the fields of regulation considered in this ground-breaking book. Each chapter introduces the reader to key concepts and ideas and contains suggestions for further reading. The contributors, who either are or have been connected to the Regulatory Institutions Network (RegNet) at The Australian National University, include John Braithwaite, Valerie Braithwaite, Peter Grabosky, Neil Gunningham, Fiona Haines, Terry Halliday, David Levi-Faur, Christine Parker, Colin Scott and Clifford Shearing.
Download or read book Working and Living in the Shadow of Economic Fragility written by Marion Crain and published by Oxford University Press. This book was released on 2014-03-18 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not since the Great Depression of the 1930s has the United States faced such a prolonged period of high unemployment and underemployment. Recovery from the "Great Recession" that began in 2008 has been slow, and is projected to remain sluggish over the next several years, while another shock to the global economy could erase the meager gains of the past months. Economic conditions remain fragile and employment challenges show no sign of letting up. With persistently high unemployment and underemployment-and growing inequality in wages-an increasing number of American families are no longer adequately supported by employment income and basic benefits. Many older workers have "retired" before they are ready, and many young workers cannot find a foothold in the job market. A silent crisis is underway, with huge social and economic costs for the nation. iWorking and Living in the Shadow of Economic Fragilityi examines the current state of employment through historical, macroeconomic, cultural, sociological and policy lenses, in order to address fundamental questions about the role and value of work in America today. The book offers suggestions for how to address the short- and long-term challenges of rebuilding a society of opportunity with meaningful and sustaining jobs as the foundation of the American middle class.
Download or read book Inscribing Solidarity written by Julia López López and published by Cambridge University Press. This book was released on 2022-11-17 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many governments, large institutions, and collective actors rely on the principle of solidarity to embed social policies on firm normative and legal grounds. In this original volume, a multidisciplinary roster of scholars come together to examine the contributions – and challenges –implicit in relying on the idea of solidarity to 'inscribe' this principle in social policies. Chapters explore how the dependence on the solidarity principle, and especially on inclusive understandings of solidarity, can strengthen or weaken institutions and movements. The volume's contributors cover developments across decades with a multilevel approach exploring dynamic interactions between local, national, and supranational arenas in pursuing and adjudicating the solidarity principle. Unique and innovative, Inscribing Solidarity examines the implications and dynamics of solidarity across a variety of terrains to illuminate its concrete limitations and specific advantages. This title is also available via Open Access on Cambridge Core.
Download or read book Rethinking Job Security written by Joanna Howe and published by Taylor & Francis. This book was released on 2016-10-14 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the proper role of the law in protecting job security in the contemporary workplace. It provides a historical, theoretical, practical and comparative perspective on this under-researched, but fundamentally important, legal mechanism at a time when the pressure to deregulate and dilute worker-protective laws has taken on increased importance. The volume critically analyses both statute and case law from three advanced industrialised liberal democracies with a common law foundation, the UK, Australia and the USA, to understand the extent to which job security is realised. By applying a common approach and a conceptual framework that emphasises the complex relationships between law, the economy and society to analyse a series of national studies, the book is also designed to draw upon the insights of comparative analysis to deepen our understanding of the limits and possibilities of legal regulation of job security. The national case studies are supplemented by research that focuses on how supra-national organisations have sought both to develop and disseminate new legal norms around the practices and processes of dismissal. This study critically analyses and assesses the adequacy of the international regulatory framework for protecting the rights of employees in the dismissal process.
Download or read book Decent Flexibility written by Dr Fred C. A. van Haasteren and published by Kluwer Law International B.V.. This book was released on 2017-07-30 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the context of social law, temporary agency work has always been subject of debate. The pursuit of more flexible forms of labour is at odds with maintaining decent labour relations. For that reason, ever since it was established, the UN organisation for labour issues, ILO, has focused on private work placement. In its early years it tended to prohibit or severely restrict private work placement, but gradually it came to acknowledge that, for instance, temporary agency work had positive aspects, and that a total ban was pointless. In 1997, this culminated in ILO convention 181, which was widely supported. This did not end the debate on non-standards forms of paid work. Which forms of work can be considered decent? How do they relate to human rights? What are the effects of globalisation? In the European context, too, (cross-border) temporary agency work has attracted extensive attention. Lastly, the Netherlands has its own, unique form of public-private regulation. The guiding principle in this book is whether Convention 181 still has value in this day and age. What are the developments in temporary agency work in the social domain? How do they relate to the wide range of flexible work forms that are increasingly catching up with temporary agency work? Decent flexibility is the challenge. Dr Fred van Haasteren (1949) started his career as a scientific associate at the Society and Enterprise Foundation (SMO). From 1978 onward, he worked in the Dutch temporary agency sector. In 1982 he became a board member of Randstad Nederland; in 1991 he became Vice-President of Randstad Holding. Among other things, he was also President of the platform of European temporary agency employers and of the global temporary agency employer umbrella organisation CIETT. He is still a board member of the Dutch Labour Standards Foundation (SNA) and an independent member of the NCP OECD. The social policy pursued by temporary employment agencies has always been at the centre of his activities.
Download or read book Employment Regulation in the Workplace written by Robert K Robinson and published by Routledge. This book was released on 2015-01-28 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook acquaints readers with the major federal statutes and regulations that control management and employment practices in the American workplace. The material is presented from the perspective that the human resource professional is the employer's representative and is, therefore, responsible for protecting the employer's interests and reducing the employer's exposure to litigation through monitoring activities and viable employee policies. The book is designed as a tool for today's business and management professionals, and unlike some other texts in the field, maintains a pro-business or pro-management approach. The authors have skilfully crafted Employment Regulation in the Workplace to be an effective learning tool. Each chapter opens with learning objectives and an example scenario, and each chapter contains plenty of illustrative figures, boxes, and diagrams. Chapters conclude with a listing of key terms, questions for discussion, and two case exercises. The book also includes a comprehensive bibliography.
