Download or read book The Legal Construction of Personal Work Relations written by Mark Robert Freedland and published by Oxford University Press. This book was released on 2011-12-15 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.
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 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 Creative Labour Regulation written by D. McCann and published by Springer. This book was released on 2014-02-12 with total page 313 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 Digital Work Platforms at the Interface of Labour Law written by Eva Kocher and published by Bloomsbury Publishing. This book was released on 2022-03-10 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book shows how to design labour rights to effectively protect digital platform workers, organise accountability on digital work platforms, and guarantee workers' collective representation and action. It acknowledges that digital work platforms entail enormous risks for workers, and at the same time it reveals the extent to which labour law is in need of reconstruction. The book focusses on the conceptual links – often overlooked in the past – between labour law's categories and its regulatory approaches. By explaining and analysing the wealth of approaches that deconstruct and reconceptualise labour law, the book uncovers the organisational ideas that permeate labour law's categories as well as its policy approaches in a variety of jurisdictions. These ideas reveal a lack of fit between labour law's traditional concepts and digital platform work: digital work platforms rarely behave like hierarchical organisations; instead, they more often function as market organisers. The book provides a fresh perspective for international academic and policy debates on the regulation of digital work platforms, as well as on the purposes and foundations of labour law. It offers a way out of the impasse the debate around labour law classification has reached, by showing what labour law could learn from digital law approaches to platforms – and vice versa. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Download or read book The Contract of Employment written by Alan Bogg and published by Oxford University Press. This book was released on 2016 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contract of employment is the central legal institution of modern English employment law. It provides the foundation upon which most statutory employment rights are constructed; it provides a conduit for the implementation of norms negotiated in collective bargaining; and it continues to provide a contractual structure for the terms and conditions of employment for a significant proportion of the working population. The Contract of Employment provides the most ambitious and comprehensive treatise on the theoretical and doctrinal aspects of the English contract of employment in the common law world. Under the general editorship of Professor Mark Freedland, the text has been produced by a team of world leading experts in employment law. Part I examines the theoretical context to the contract of employment, studying its structure and development from a wide variety of theoretical and comparative perspectives. Part II provides an exposition and analysis of the doctrinal aspects of the contract of employment. The coverage of The Contract of Employment is unrivalled in its depth, detail and sophistication. The legal analysis is always informed by a keen sense of the modern labour market context of the contract of employment, and it is sensitive to contemporary challenges such as precariousness, the interaction with migration law, the role of legislation in the contract of employment, and the decline of collective bargaining. It will be the principal reference point for the practitioners, judges, and academics concerned with the contract of employment as a legal category, both nationally and internationally.
Download or read book International Labour Review written by and published by . This book was released on 2016 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Legal Construction of Employment and the Re institutionalization of U S Class Relations in the Postindustrial Economy written by Julia Louise Tomassetti and published by . This book was released on 2014 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters interrogate the legal reasoning by which U.S. courts and administrative agencies are reconstructing labor-capital work relationships in recent employment status decisions. These decisions determine the legal rights of workers by answering the threshold questions, "who is an employee?" and "who is the employer?" Given an apparent postindustrial re-organization of work, the dissertation examines how "bourgeois" ideology, as a distorted form of reasoning that conceals contradictions of class domination in work relationships, inheres in the legal reasoning of employment status decisions. I argue that the 19th century union of master-servant legal relations with contract embedded within the employment contract a contradiction between servitude and equality. Each chapter examines interpretative problems that the contradiction creates in contemporary employment status disputes. Chapter 2 examines decisions by different partisan blocs of the National Labor Relations Board regarding the employment status of graduate student workers, medical residents, and disabled janitors in sheltered workshops-- workers whose relationships embody the contradictory permeation of wage labor into formerly less commodified relations. I argue that the Republican blocs tended to conceal class domination more so than the Democratic blocs, because they engaged the servitude-equality contradiction to reinterpret relational indicia consistent with employer control over the productive process as a status-like authority in a hierarchical, nonmarket social sphere of sympathetic, personal relations. Chapter 3 identifies upfront contractual specification (UCS) as a source of judicial disagreement in employment status disputes. UCS is the phenomenon of including detailed and comprehensive descriptions of the work to be performed in a written contract. I show that the disagreement is rooted in two doctrinal ambiguities in employment that issue from the servitude-equality contradiction: (a) between "contracting" and "production", and (b) between employer contractual rights and entrepreneurial property rights. Chapter 4 examines decisions on the employment status of FedEx delivery drivers. I show that the judges finding the drivers to be independent contractors rather than employees exploited the servitude-equality ambiguities to redefine control in production as equality in contracting, and to redefine FedEx's contractual authority over work relations as entrepreneurial property rights. They constructed the drivers' "entrepreneurial opportunity" so as to conceal a key feature of employment that differentiates it from other contracts--its one-sided open-endedness. They concealed FedEx's bureaucratic coordination of the work by transforming multilateral relations in production among coworkers into relations of production. By redefining legitimate domination and reproducing legal instability in the employment/non-employment distinction, legal ideology in employment status decisions works to re-institutionalize U.S. class relations in new, historically specific, social forms.
Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Personal Employment Contract written by Mark Freedland and published by Oxford University Press on Demand. This book was released on 2003 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an analytical study of the current English law of traditional contracts of employment and of other personal employment contracts. Concentrating on the common law basis of individual employment law, it takes full account of relevant British and European Community legislation up toand including the Employment Act 2002, and considers the impact of the Human Rights Act 1998 and of the developing law of human and social rights more generally.In this work the author has up-dated and built upon his earlier treatise on the Contract of Employment published in 1975. The present work takes account of the very considerable amount of case-law, legislation and legal writing which has affected the law of the contract of employment since theearlier treatise was written.However, the present work aims to do more than providing a second edition of The Contract of Employment. It addresses a wider range of employment relationships than the previous work did; in fact, it argues for, and is constructed around a whole new category of employment contracts, which includesnot only contracts of employment but also other "personal employment contracts", a concept which the author articulates and justifies.Within that novel conceptual framework, many of the major features of the law of employment contracts are re-examined and presented in unfamiliar and challenging terms. Thus, the employer is re-conceptualized as the "employing enterprise", the bilateral structure of employment contracts isre-evaluated, and new explanations are advanced for the functioning of the law of termination of employment contracts and of remedies for wrongful termination.
Download or read book The Personal Employment Contract written by Mark Freedland and published by Oxford University Press on Demand. This book was released on 2006 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an analytical study of the current English law of traditional contracts of employment and of other personal employment contracts. Concentrating on the common law basis of individual employment law, it takes full account of relevant British and European Community legislation up to and including the Employment Act 2002, and considers the impact of the Human Rights Act 1998 and of the developing law of human and social rights more generally. In this work the author has up-dated and built upon his earlier treatise on the Contract of Employment published in 1975. The present work takes account of the very considerable amount of case-law, legislation and legal writing which has affected the law of the contract of employment since the earlier treatise was written. However, the present work aims to do more than providing a second edition of The Contract of Employment. It addresses a wider range of employment relationships than the previous work did; in fact, it argues for and is constructed around a whole new category of employment contracts, which includes not only contracts of employment but also other personal employment contracts", a concept which the author articulates and justifies. Within that novel conceptual framework, many of the major features of the law of employment contracts are re-examined and presented in unfamiliar and challenging terms. Thus, the employer is re-conceptualized as the "employing enterprise", the bilateral structure ofemployment contracts is re-evaluated, and new explanations are advanced for the functioning of the law of termination of employment contracts and of remedies for wrongful termination."
Download or read book Employment Law for Business written by Dawn Bennett-Alexander and published by McGraw-Hill/Irwin. This book was released on 2001 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses law and employment decisions with a management perspective. This text explains how to approach and manage legal employment decisions, and outlines the specific legal framework in which management decisions are made.
Download or read book Industrial and Labor Relations Review written by and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Construction Checklists written by Eric A. Berg and published by American Bar Association. This book was released on 2008 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
