Making Employment Rights Effective

Making Employment Rights Effective
Author: Linda Dickens
Publisher: Bloomsbury Publishing
Total Pages: 219
Release: 2012-10-02
Genre: Law
ISBN: 1782250085
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There has been an enormous expansion of individual employment rights in Britain but their practical impact in terms of delivering fairer workplaces can be questioned. Taking as its starting point the widespread acknowledgement of problems with the major enforcement mechanism, the Employment Tribunals, this collection brings together experts from law, sociology and employment relations to explore a range of alternative regulatory and non-regulatory approaches to enforcement and to securing compliance and to consider factors affecting variation in the extent to which legal rights have meaning and impact at the workplace. Thus this book addresses issues key to contemporary policy and academic debate. Chapters discuss the growth in employment rights and their enforcement mechanisms (Gillian Morris), problems with the employment tribunal system and the current and potential role of alternative dispute resolution (Linda Dickens); reflect on the long experience of enforcement of equality rights (Bob Hepple) and agency enforcement of health and safety legislation under the 'better regulation' agenda (Steve Tombs and David Whyte); evaluate the potential of various 'reflexive law' mechanisms, including corporate governance (Simon Deakin, Colm McLaughlin and Dominic Chai), and of procurement (Christopher McCrudden) as strategies for delivering fairness at the workplace. Factors influencing how statutory rights shape workplace practice are illuminated further in chapters on trade unions and individual legal rights (Trevor Colling), the management of employment rights (John Purcell) and regulation and small firms (Paul Edwards).The opening chapter (Dickens) makes the case for addressing issues of enforcement and compliance in terms of adverse treatment at work, while the final chapter (Dickens) considers why successive governments have been reluctant to act and outlines steps which might be taken - were there sufficient political will to do so - to help make employment rights effective in promoting fairer workplaces.

Adjudicating Employment Rights

Adjudicating Employment Rights
Author: S. Corby
Publisher: Springer
Total Pages: 276
Release: 2014-01-28
Genre: Business & Economics
ISBN: 1137269200
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Adjudicating Employment Rights compares and analyses institutions for resolving employment rights disputes in ten countries. In addition to detailed individual chapters, the study offers a theoretical perspective and an evaluation of national institutions against key yardsticks.

Deakin and Morris’ Labour Law

Deakin and Morris’ Labour Law
Author: Zoe Adams
Publisher: Bloomsbury Publishing
Total Pages: 1321
Release: 2021-07-15
Genre: Law
ISBN: 1509943560
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Deakin and Morris' Labour Law, a work cited as authoritative in the higher appellate courts of several jurisdictions, provides a comprehensive analysis of current British labour law which explains the role of different legal and extra-legal sources in its evolution, including collective bargaining, international labour standards, and human rights. The new edition, while following the broad pattern of previous ones, highlights important new developments in the content of the law, and in its wider social, economic and policy context. Thus the consequences of Brexit are considered along with the emerging effects of the Covid-19 crisis, the increasing digitisation of work, and the implications for policy of debates over the role of the law in constituting and regulating the labour market. 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, including the forms of collective organisation, freedom of association, employee representation, internal trade union government, and the law relating to industrial action. The seventh 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.

Employment Law in Context

Employment Law in Context
Author: David Cabrelli
Publisher: Oxford University Press
Total Pages: 969
Release: 2016
Genre: Law
ISBN: 0198748337
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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.

Labour Law Utopias

Labour Law Utopias
Author: Nicolas Bueno
Publisher: Oxford University Press
Total Pages: 289
Release: 2024-08-01
Genre: Law
ISBN: 0198889801
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Labour Law Utopias: Post-Growth & Post-Productive Work Approaches engages with new socioeconomic ideas that look beyond the current growth-driven competitive market economy. Building on analysis of economic growth, as well as the limits of the logic of human productivity and competitivity for workers and the environment, it explores alternative approaches and what those will mean for work in general, and labour law in particular. The concept of 'post-growth' is used to rethink the purpose of the economy by looking beyond merely increasing wealth, consumption, and production, considering what this means for the position of work in society as well as the individual worker. The post-productive work approach is used to question the centrality of economically productive work and its regulation in labour laws. The chapters in this book take a progressive approach and discuss whether and how labour law can contribute to the emancipation of work from the constraints of growth and productivity by revisiting the value, organization, and impact of work. With these utopian ideas for labour law, the contributions in this book present inspirational 'dots on the horizon' that could guide the direction of changes in labour law as it navigates issues such as the implementation of digital and green solutions, the energy crisis, migration, rising inequality, and precariousness. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.

Handbook of the Politics of Labour, Work and Employment

Handbook of the Politics of Labour, Work and Employment
Author: Gregor Gall
Publisher: Edward Elgar Publishing
Total Pages: 459
Release: 2019
Genre: Political Science
ISBN: 1784715697
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Providing a thorough overview of the political nature and dynamics of the world of work, labour and employment, this timely Handbook draws together an interdisciplinary range of top contributors to explore the interdependent relationship between politics and labour, work and employment. The Handbook explores the purpose, roles, rights and powers of employers and management, workers and unions, states and governments in the age of globalised neo-liberalism.

Fundamental Labour Rights and the Constitution

Fundamental Labour Rights and the Constitution
Author: Giulia Frosecchi
Publisher: Taylor & Francis
Total Pages: 150
Release: 2023-07-05
Genre: Law
ISBN: 1000902579
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The book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law.

Migrants at Work

Migrants at Work
Author: Cathryn Costello
Publisher:
Total Pages: 502
Release: 2014
Genre: Business & Economics
ISBN: 0198714106
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There is a highly significant and under-considered intersection and interaction between migration law and labor law. Labor lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labor law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labor rights and how the regulation of migration increasingly impacts upon employment and labor relations. Examining and clarifying the interactions between migration, migration law, and labor law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labor law, privileging concerns about the labor supply and demand over worker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labor law. Chapters cover the labor laws of the UK, Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. These countries all host migrants and have developed systems of migration law reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impact on labor law, for instance in their shared contemporary shift to using temporary labor migration programs. Further chapters examine EU and international law on migration, labor rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labor law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.

Labor Movements

Labor Movements
Author: Stephanie Luce
Publisher: John Wiley & Sons
Total Pages: 302
Release: 2014-01-23
Genre: Political Science
ISBN: 0745682391
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Fewer than 12 percent of U.S. workers belong to unions, and union membership rates are falling in much of the world. With tremendous growth in inequality within and between countries, steady or indeed rising unemployment and underemployment, and the marked increase in precarious work and migration, can unions still play a role in raising wages and improving work conditions? This book provides a critical evaluation of labor unions both in the U.S. and globally, examining the factors that have led to the decline of union power and arguing that, despite their challenges, unions still have a vital part to play in the global economy. Stephanie Luce explores the potential sources of power that unions might have, and emerging new strategies and directions for the growth of global labor movements, such as unions, worker centers, informal sector organizations, and worker co-operatives, helping workers resist the impacts of neoliberalism. She shows that unions may in fact be more relevant now than ever. This important assessment of labor movements in the global economy will be required reading for advanced undergraduates and graduate students of labor studies, political and economic sociology, the sociology of work, and social movements.

Yale Law Journal: Volume 123, Number 5 - March 2014

Yale Law Journal: Volume 123, Number 5 - March 2014
Author: Yale Law Journal
Publisher: Quid Pro Books
Total Pages: 381
Release: 2014-03-15
Genre: Law
ISBN: 1610278755
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The March 2014 issue of The Yale Law Journal features new articles and essays on law and legal theory by internationally recognized scholars. The contents for Volume 123, Number 5, include: Articles: • The New Minimal Cities, by Michelle Wilde Anderson • The Separation of Funds and Managers: A Theory of Investment Fund Structure and Regulation, by John Morley Essays: • The Moral Impact Theory of Law, by Mark Greenberg • Pretrial Detention and the Right to Be Monitored, by Samuel R. Wiseman Notes: • Stop Ignoring Pork and Potholes: Election Law and Constituent Service, by Joshua Bone • An Offense-Severity Model for Stop-and-Frisks, by David Keenan & Tina M. Thomas • Open Carry for All: Heller and Our Nineteenth-Century Second Amendment, by Jonathan Meltzer • Regulating Sexual Orientation Change Efforts: The California Approach, Its Limitations, and Potential Alternatives, by Jacob M. Victor Comments: • In Need of Correction: How the Army Board for Correction of Military Records Is Failing Veterans with PTSD, by Rebecca Izzo • Let the Burden Fit the Crime: Extending Proportionality Review to Sex Offenders, by Erin Miller Quality ebook edition features linked notes, active Contents, active URLs in notes, and full presentation of original tables and images.