The New Foundations of Labour Law

The New Foundations of Labour Law
Author: Kerstin Ahlberg
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Total Pages: 0
Release: 2017
Genre: Philosophy
ISBN: 9783631718506

This book explores the effects of globalisation and digitalisation to labour law. The authors discuss how a changed political setting influences the foundations of contemporary labour law, and the challenges that new business models and forms of labour mobility put to regulating working life.

Labour Law in an Era of Globalization

Labour Law in an Era of Globalization
Author: Joanne Conaghan
Publisher:
Total Pages: 580
Release: 2004
Genre: Business & Economics
ISBN: 9780199271818

Throughout the industrial world, the discipline of labor law has fallen into deep philosophical and policy crisis, at the same time as new theoretical approaches make it a field of considerable intellectual ferment. Modern labor law evolved in a symbiotic relationship with a postwar institutional and policy agenda, the social, economic and political underpinnings of which have gradually eroded in the context of accelerating international economic integration and wage-competition. These essays--which are the product of a transnational comparative dialog among academics and practitioners in labor law and related legal fields, including social security, immigration, trade, and development--identify, analyze, and respond to some of the conceptual and policy challenges posed by globalization.

Labour Law and Sustainable Development

Labour Law and Sustainable Development
Author: Valentina Cagnin
Publisher: Kluwer Law International B.V.
Total Pages: 270
Release: 2020-06-05
Genre: Law
ISBN: 9403520817

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.

Globalization and the Future of Labour Law

Globalization and the Future of Labour Law
Author: John D. R. Craig
Publisher: Cambridge University Press
Total Pages: 35
Release: 2006-04-03
Genre: Law
ISBN: 1139452622

How are national and international labour laws responding to the challenge of globalization as it re-shapes the workplaces of the world? This collection of essays by leading legal scholars and lawyers from Europe and the Americas was first published in 2006. It addresses the implications of globalization for the legal regulation of the workplace. It examines the role of international labour standards and the contribution of the International Labour Organization, and assesses the success of the European experiment with continental employment standards. It explores the prospects for hemispheric co-operation on labour standards in the Americas, and deals with the impact of international labour standards on the rights of women and migrant workers. As the nature and organization of work around the world is being decisively transformed, new regional and international institutions are emerging that may provide the platform for new labour standards, and for protecting existing ones.

Work After Globalization

Work After Globalization
Author: Guy Standing
Publisher: Edward Elgar Publishing
Total Pages: 379
Release: 2010-01-01
Genre: Social Science
ISBN: 1849802378

This is a scholarly and erudite work. . . There is a wealth of detail, all illustrated with plenty of fascinating examples. . . It is impossible to give the full flavour of this thoughtful and stimulating book in even a long review, but it deserves to be widely accessible and read. Citizen s Income . . . this is the greatest book ever about work (in all its forms). . . Work after Globalization offers us the kind of foundation we need to launch a new social-democratic program. . . do yourself a favour, don t take my word for it. You need to read this book for yourself. . . If you re ever going to read a book about work, make it this one. Peter Hall-Jones, New Unionism Network This is an important book. It shifts emphasis from the role of capital to the creativity of labour in the creation of value in the real economy. A central role is accorded to each and all of the skills and occupations which contribute to the construction of an economy and a civic culture governed by the public interest. Guy Standing has made an original contribution to the validation of human creativity in the economic process. The work owes an acknowledged debt to the vision of Karl Polanyi. Kari Polanyi-Levitt, McGill University, Canada Standing has written a comprehensive account of what the forces and developments that govern the contemporary world (such as states, employers, trade unions, the globalization of labor markets, financial market crises etc.) do to workers and the conditions under which they work and live. It is rare for a social science work that is full of empirical information to be as accessibly written as this one. It is even rarer to find all three of the things that good social science can deliver fine-grained description, original explanation, sophisticated normative reflection in the pages of a single volume. One of the richest accounts of the fates of labor since Polanyi (1944). Claus Offe, Hertie School of Governance, Germany In Work after Globalization, Guy Standing, one of the most knowledgeable and theoretically sophisticated scholars in the area of labor relations today, paints a rich panorama of contemporary labor practices around the world to demonstrate that we are in the midst of a societal shift of historical dimensions. Standing s concept of occupational citizenship provides a way to re-capture both human agency and community, thereby reconciling the individual with society and flexibility with new forms of social security. This book is a tour de force for its sweeping scope, incisive analysis, and predictive power. Katherine Stone, University of California, Los Angeles, US In this ground-breaking book, Guy Standing offers a new perspective on work and citizenship, rejecting the labourist orientation of the 20th century. Karl Polanyi s The Great Transformation marked the rise of industrial citizenship, which hinged on fictitious labour decommodification. Since the 1970s, this has collapsed and a Global Transformation is under way, in which inequalities and insecurities are becoming unsustainable. Guy Standing explains that while a struggle against paternalism is essential, the desirable egalitarian response to the problems caused by globalization is a strategy to build occupational citizenship. This is based on a right to universal economic security and institutions to enable everybody to develop their capabilities and work whilst respecting the ecological imperatives of the 21st century. The book also explores a phasing out of labour law and a re-orientation of collective bargaining towards collaborative bargaining, highlighting the increased importance of the relationship between groups of workers and citizens as well as between workers and capital. Work after Globalization offers a new perspective on work, rejecting the labourist orientation of the 20th century. Social scientists interested in globalization and labour market issues will warmly welcome this book. It will also strongly appeal to stude

Labour Law and Economic Policy

Labour Law and Economic Policy
Author: Adrián Todolí-Signes
Publisher: Bloomsbury Publishing
Total Pages: 343
Release: 2024-02-22
Genre: Law
ISBN: 1509973893

This book studies labour institutions from an economic perspective to justify their existence and the advantages that they bring to innovation, efficiency, productivity, and economic growth. The philosophical foundations of labour law rely on the protection of the weaker party of the employment contract. However, after 40 years of political neoliberalism, these justifications seem insufficient for achieving progress in the area of labour and employment rights. This book changes the narrative of why we need labour standards. It begins with a study of the reasons that gave rise to labour law in the context of the Industrial Revolution and its evolution, and moves on to analyse the current context dominated by globalisation and economic digitisation. It then proceeds to study the main justifications for intervention in the labour market in the current business-economic context on a global scale: economic growth; pre-distribution of wealth; a meritocratic allocation of working conditions and equality among workers. Using case studies and examples from across the EU, the UK, and the US, the book shows how the deregulation of labour markets harms innovation and the economy, especially when considering the challenges of platform work, algorithms, and AI. It demonstrates that labour standards such as the minimum wage, sectoral collective bargaining and collective rights, protection against dismissal and discrimination, occupational risk prevention, and social security are necessary for the economy to function properly.

Philosophical Foundations of Labour Law

Philosophical Foundations of Labour Law
Author: Hugh Collins
Publisher: Oxford University Press
Total Pages: 383
Release: 2018-12-06
Genre: Law
ISBN: 0192559079

This collection of essays presents an interdisciplinary investigation by lawyers and philosophers into the philosophical ideas, concepts, and principles that provide the foundation for the field of labour law and employment law. The book addresses the doubts that have been expressed about whether a body of labour law that protects workers is needed at all, what should be regarded as the proper scope of the field in the light of developments such as the integration of work and home life by means of technology, the globalization of the economy, and the precarious kinds of work that thrive in the gig economy. Paying particular attention to political philosophy and theories of justice, the contributions focus on four themes: I. freedom, dignity, and human rights; II. distributive justice and exploitation; III. workplace democracy and self-determination; and IV. social inclusion.

Comparative Labour Law Principles and Methods Industrial Relations Inindustrialized Market Economies

Comparative Labour Law Principles and Methods Industrial Relations Inindustrialized Market Economies
Author: Greg Bamber
Publisher: Springer
Total Pages: 744
Release: 2001-06-22
Genre: Law
ISBN:

Comparativism is no longer a purely academic exercise but has increasingly become an urgent necessity for industrial relations and legal practitioners due To The globalisation of the economy, The massive introduction of new information technology, The growth of multinational enterprises And The impact of international and regional organizations aspiring to harmonize rules. the growing need for comprehensive, up-to-date and readily available information on labour law and industrial relations in different countries led To The publication of the International Encyclopaedia for Labour Law and Industrial Relations, In which almost 70 international and national monographs have been published thus far. This book goes a step further than the Encyclopaedia inasmuch as most of the chapters provide comparative and integrated thematic treatment. Our aim is to describe the salient characteristics and trends in labour law and industrial relations in the contemporary world. Encouraged by the warm reception of the first six editions, we hope that also the seventh edition will serve as a textbook and reference work to facilitate the task of teachers and students of comparative labour law and industrial relations. We hope, too, that the book will provide labour lawyers, HRM and industrial relations specialists with the necessary insights to cope with a world which is increasingly international.