A Purposive Approach to Labour Law

A Purposive Approach to Labour Law
Author: Guy Davidov
Publisher: Oxford University Press
Total Pages: 305
Release: 2016-05-06
Genre: Law
ISBN: 0191076848

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.

Performance Appraisal in Modern Employment Relations

Performance Appraisal in Modern Employment Relations
Author: Tindara Addabbo
Publisher: Springer Nature
Total Pages: 278
Release: 2019-12-10
Genre: Business & Economics
ISBN: 3030265382

Contributing to the debate on work performance evaluation in a time of technological transformation, this book explores the impact of digitisation on production and organisation models, as well as on the rights and interests of the stakeholders involved. As organisations down-size, merge with other companies and become decentralised, the boundaries in employer-employee-customer relationships are blurred and new models for the organisation and assessment of work performance have emerged. With these new models, innovative regulatory approaches are sorely needed. Taking an interdisciplinary approach and drawing on theoretical concepts from organisation studies, human resource management, sociology and labour economics, this all-encompassing collection is not only essential reading for academics and students, but also for policy-makers and employers who are looking for innovative and practical solutions to the challenges of modern employment relations.

East Asian Labor and Employment Law

East Asian Labor and Employment Law
Author: Ronald C. Brown
Publisher: Cambridge University Press
Total Pages: 571
Release: 2012-03-05
Genre: Law
ISBN: 1107379482

This book deals with international labor and employment law in the East Asia Region (EA), particularly dealing with China, South Korea and Japan. It explores and explains the effects of globalization and discusses the role played by international labor law as it affects lawyers, business, labor, labor unions and human resource management, and the labor issues that can arise in dealing in EA trade and investment. The text, and the readings (from area experts), are organized and written to provide the reader with, first, a broad understanding and insight into the global dimensions of the fast-emerging area of labor and employment issues (e.g., global legal standards and their interplay with domestic and foreign laws); and second, to show how these laws and approaches play out in specific EA countries (comparing global approaches with the specific laws of each country on four common agenda items: regulatory administration, workers' rights, trade unions and dispute resolution).

Transformations of Work: Challenges for the Institutions and Social Actors

Transformations of Work: Challenges for the Institutions and Social Actors
Author: Giuseppe Casale
Publisher: Kluwer Law International B.V.
Total Pages: 424
Release: 2019-02-15
Genre: Law
ISBN: 9403508949

Market volatility and uncertainty have put welfare and social security policies back centre stage and point up the need for closer links with employment policy. The inability of existing income support systems to respond to the increasing fragmentation of people's working careers, the needs of people in difficulty, and the spread of various forms of poverty calls for well-coordinated and efficient responses. This volume highlights the best practices in the various regions of the world in the contexts of international and EU labour law, industrial relations, and social security. Authoritative reports by leading scholars of labour law and social security – originally presented at the twenty-second World Congress of the International Society for Labour and Social Security Law (ISLSSL) held in Turin in September 2018 – cover the following research themes in depth: – informal workers; – migrant workers; – global trade and labour; – organization, productivity, and well-being at work; – transnational collective agreements; – new forms of social security; and – the role of the State and industrial relations. In its insistence that, despite the radical changes in the world of work and business brought about by globalization and digital technologies, the decisions of institutions and public and private actors can lead to a more coherent system of international economic and social governance, this timely volume shows the way forward. Practitioners, policymakers, and scholars in the relevant fields will bene_ t immeasurably from its expert analyses and recommendations.

The Cambridge Handbook of Technological Disruption in Labour and Employment Law

The Cambridge Handbook of Technological Disruption in Labour and Employment Law
Author: Marc De Vos
Publisher: Cambridge University Press
Total Pages: 649
Release: 2023-12-21
Genre: Law
ISBN: 1108888003

Whether through gig work, remote work, or platforms such as Uber, new technologies are reshaping the very fabric of employment relations. This handbook offers a comprehensive, international overview of how institutions, countries, and legal systems are responding to the technological disruption of the work world. Chapters outline the reform agendas driven by the International Labour Organization and the European Union and detail the public policy debates, litigation, and legal reforms that technological innovation has triggered around the world. This volume provides a post-pandemic assessment of how digitalization is affecting employment and employment relations and contextualizes current technological disruption with a long-term view of how labour and employment law could evolve further.

The SAGE Handbook of Industrial Relations

The SAGE Handbook of Industrial Relations
Author: Paul Blyton
Publisher: SAGE
Total Pages: 690
Release: 2008-09-12
Genre: Business & Economics
ISBN: 1446266303

This handbook is an indispensable teaching, research and reference guide for anyone interested in issues of labour and employment. The editors have assembled a top-flight group of authors and the end-product is an encompassing state-of-the-art review of the industrial relations field′ - Professor Bruce E Kaufman, AYSPS, Georgia State University ′This Handbook will quickly become the standard reference in industrial relations research. It provides the most comprehensive and challenging presentation of the key theoretical debates and topics of research that will shape our field well into the 21st century. All who wish to contribute to this field will need to read this volume and then build on what these authors have to say′ - Professor Thomas A. Kochan, MIT Institute for Work and Employment Research ′This authoritative panorama of the field demonstrates the contemporary vitality, breadth and critical depth of industrial relations scholarship and research. Thirty-four stimulating essays, by an international blend of leading academics, expertly review the analytical and empirical state of play across all aspects of industrial relations enquiry. In doing so, a rich agenda for further scholarly endeavour emerges′ - Paul Marginson, University of Warwick Over the last two decades, a number of factors have converged to produce a major rethink about the field of Industrial Relations. Globalization, the decline of trade unions, the spread of high performance work systems and the emergence of a more feminized, flexible work-force have opened new avenues of inquiry. The SAGE Handbook of Industrial Relations charts these changes and analyzes them. It provides a systematic, comprehensive survey of the field. The book is organized into four interrelated sections: " Theorizing Industrial Relations " The changing institutions that shape employment practice " The processes used by governments, employers and unions " Income inequality, employee wellbeing, business performance and national comparative advantages The result is a work of unprecedented scope and unparalleled ambition. It offers a compete guide to the central debates, new developments and emerging themes in the field. It will quickly be recognized as the indispensable reference for Teachers, Students and Researchers. It is relevant to economists, lawyers, sociologists, business and management researchers and Industrial Relations specialists.

Research Anthology on Human Resource Practices for the Modern Workforce

Research Anthology on Human Resource Practices for the Modern Workforce
Author: Management Association, Information Resources
Publisher: IGI Global
Total Pages: 2224
Release: 2021-12-30
Genre: Business & Economics
ISBN: 1668438747

Human resource departments have been a crucial part of business practices for decades and particularly in modern times as professionals deal with multigenerational workers, diversity initiatives, and global health and economic crises. There is a necessity for human resource departments to change as well to adapt to new societal perspectives, technology, and business practices. It is important for human resource managers to keep up to date with all emerging human resource practices in order to support successful and productive organizations. The Research Anthology on Human Resource Practices for the Modern Workforce presents a dynamic and diverse collection of global practices for human resource departments. This anthology discusses the emerging practices as well as modern technologies and initiatives that affect the way human resources must be conducted. Covering topics such as machine learning, organizational culture, and social entrepreneurship, this book is an excellent resource for human resource employees, managers, CEOs, employees, business students and professors, researchers, and academicians.

The Employment Relationship

The Employment Relationship
Author:
Publisher: International Labour Organization
Total Pages: 100
Release: 2005
Genre: Employee rights
ISBN: 9221166112

Contains the English and French versions of the proposed Recommendation concerning the employment relationship.

A Modern Guide To Labour and the Platform Economy

A Modern Guide To Labour and the Platform Economy
Author: Drahokoupil, Jan
Publisher: Edward Elgar Publishing
Total Pages: 384
Release: 2021-10-12
Genre: Political Science
ISBN: 1788975103

Providing an insightful analysis of the key issues and significant trends relating to labour within the platform economy, this Modern Guide considers the existing comparative evidence covering all world regions. It also provides an in-depth look at digital labour platforms in their historical, economic and geographical contexts.

Boundaries and Frontiers of Labour Law

Boundaries and Frontiers of Labour Law
Author: Guy Davidov
Publisher: Bloomsbury Publishing
Total Pages: 438
Release: 2006-11-06
Genre: Law
ISBN: 184731287X

Labour law has always been preoccupied with boundaries. One can either be an 'employee' or not, an 'employer' or not, and the answer dictates who comes within the scope of labour law, for better or worse. But such divisions have always been difficult, and in recent years their shortcomings have become ever more pronounced. The proliferation of new work arrangements and heightened global competition have exposed a world-wide crisis in the regulation of work. It is therefore timely to re-assess the idea of labour law, and the concepts, in particular the age-old distinctions - that are used to delimit the field. This collection of essays, by leading experts from around the world, explores the frontiers of our understanding of labour law itself. Contributors: Harry Arthurs, Paul Benjamin, Hugh Collins, Guy Davidov, Paul Davies, Simon Deakin, Mark Freedland, Judy Fudge, Adrin Goldin, Alan Hyde, Jean-Claude Javillier, Csilla Kollonay Lehoczky, Brian Langille, Enriqué Marin, Kamala Sankaran, Silvana Sciarra, Katherine Stone and Anne Trebilcock.