Challenging The Legal Boundaries Of Work Regulation
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Author | : Judy Fudge |
Publisher | : Bloomsbury Publishing |
Total Pages | : 320 |
Release | : 2012-07-11 |
Genre | : Law |
ISBN | : 1847319785 |
Focusing on paid work that blurs traditional legal boundaries and the challenge this poses to traditional forms of labour regulation, this collection of original case studies illustrates the wide range of different forms of regulation designed to provide decent work. The original case studies cover a diversity of workers from across developed and developing countries, the formal and informal economies and public and private work spaces. Each deals with the failings of traditional labour law, and several explore the capacity of different forms of regulatory techniques, such as commercial law, corporate codes of conduct, or supply chain regulation, to protect workers.
Author | : Alan Bogg |
Publisher | : |
Total Pages | : 529 |
Release | : 2014-03 |
Genre | : Law |
ISBN | : 0199683131 |
This book investigates the intersection between law and worker voice in a sample of industrialised English speaking countries, namely Australia, Canada, New Zealand, UK, and USA. While these countries face broadly similar regulatory dilemmas, they have significant differences between their industrial systems and legal cultures
Author | : Edoardo Ales |
Publisher | : Bloomsbury Publishing |
Total Pages | : 447 |
Release | : 2017-02-23 |
Genre | : Law |
ISBN | : 1782258698 |
Labour and social security law studies have addressed the topic of the decline of the standard employment relationship mainly from the point of view of the growing number of atypical relationships. Only a limited number of studies have examined the issue from the perspective of the differentiation between core and contingent work. Such an examination is necessary as the increase in contingent work leads to complicated legal questions which vary between European states depending on the type of contingent arrangements that have become most prevalent. This book analyses, using a comparative approach, these different types of contingency from a national and EU perspective touching on the work relationship from a labour as well as a social security point of view. The aim of the book is to identify and analyse those questions adopting an innovative approach and to put forward proposals for safeguarding social cohesion within undertakings and European society.
Author | : Shelley Marshall |
Publisher | : Oxford University Press |
Total Pages | : 399 |
Release | : 2019-01-17 |
Genre | : Law |
ISBN | : 0192566016 |
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.
Author | : Charalampos Stylogiannis |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 305 |
Release | : 2023-08-22 |
Genre | : Law |
ISBN | : 9403506873 |
Platform work arrangements are often defended as an expression of technological progress with the potential to enable people to work as self-employed individuals, often without any supervision or control. However, by now, it is well-documented that platform work not only shares important features of flexibility and precariousness with other casual work arrangements that are on the rise around the world, but it also entails the risk of excluding a significant portion of workers from the protection of fundamental collective labour rights, including their coverage from collective agreements. In this important and timely book, the author shows how a human rights-based approach (HRBA) towards collective labour rights can bridge this protection gap. Such an approach identifies workers, regardless of their employment status, as rights-holders that are entitled to rights, like the right to collective bargaining, derived from international human rights and labour rights instruments. Fully describing the phenomenon of platform work as well as presenting a detailed global overview of responses related to the challenges stemming from platform work arrangements, the research, inter alia, covers aspects, such as the following: problems, challenges, and questions related to platform work arrangements, and how those are linked to broader labour market trends; platform work’s deeper foundational implications for labour law; legal developments related to the regulation of platform work with an assessment of their limits when it comes to collective labour rights, also recognised as human rights; various ways in which platform workers and other atypical workers have managed to exercise their collective labour rights; and promising indications of closer cooperation between organised labour and workers in non-standard forms of employment. The analysis draws on international human rights and labour rights treaties and conventions, domestic legislation and regulations, rulings from international and national courts, and interpretative and authoritative sources including the relevant legal literature. The book manifests and responds to a genuine need for in-depth research with respect to the protection of the human rights of platform workers with an analytical framework that will ensure their adequate protection. Its crucial observations will be welcomed by practitioners in labour law, human rights law, and competition law, as well as by academics, human resources professionals, and labour and employment policymakers.
Author | : Joanna Howe |
Publisher | : Bloomsbury Publishing |
Total Pages | : 441 |
Release | : 2016-11-17 |
Genre | : Law |
ISBN | : 1509906312 |
In the global era, controversies abound over temporary labour migration; however, it has not previously been subjected to a sustained socio-legal analysis on a comparative basis, critiquing the underpinning concepts conventionally accepted as fundamental in this area. This collection of essays aims to fill that void. Complex regulatory challenges arise from temporary labour migration. This collection examines these challenges and the extent to which temporary labour migration programmes can be ethical, equitable and efficacious and so deliver decent work for workers. Whilst the tendency for migration law to divide labour law's worker-protective mission has been observed before, the authors of the chapters comprising this collection seek not only to interrogate why and how this is so, but to go further in examining the implications and effects of a wide range of regulatory mechanisms on temporary labour migration.
Author | : Diamond Ashiagbor |
Publisher | : Bloomsbury Publishing |
Total Pages | : 293 |
Release | : 2019-07-25 |
Genre | : Law |
ISBN | : 1509913114 |
The aim of this book is to explore labour law's conceptual and normative narrative. If labour law is informed by the wider political and economic landscape within which it operates, then given the declining prevalence of the post-war model of full employment within a formal welfare state regime, what shape does or should labour law assume in response to the transformation of the political economy in countries of the global North? Correspondingly, what is the proper role to be played by labour law and labour relations institutions in the development process within industrialising countries of the global South, where informal employment has long been, and remains, the predominant form? Drawing on the expertise of leading labour law scholars, this collection addresses those questions by examining the growth and continued prevalence of informality. Offering research that is both empirically grounded and doctrinally astute, the book explores the changing character of labour law in the global North and South.
Author | : Supriya Routh |
Publisher | : Routledge |
Total Pages | : 172 |
Release | : 2016-04-20 |
Genre | : Business & Economics |
ISBN | : 1317445244 |
The global financial crisis and subsequent increase in social inequality has led in many cases to a redrawing of the boundaries between formal and informal work. This interdisciplinary volume explores the role of informal work in today’s global economy, presenting economic, legal, sociological, historical, anthropological, political and cultural perspectives on the topic. Workers and the Global Informal Economy explores varying definitions of informality in the backdrop of neo-liberal market logic, exploring how it manifests itself in different regions around the world, and its relationship with formal work. This volume demonstrates how neo-liberalism has been instrumental in accelerating informality and has resulted in the increasingly precarious position of the informal worker. Using different methodological approaches and regional focuses, this book considers key questions such as whether workers exercise choice over their work; how constrained such choices are; how social norms shape such choices; how work affects their well-being and agency; and what role culture plays in the determination of informality. This interdisciplinary collection will be of interest to policy-makers and researchers engaging with informality from different disciplinary and regional perspectives.
Author | : Alysia Blackham |
Publisher | : Edward Elgar Publishing |
Total Pages | : 445 |
Release | : 2024-08-06 |
Genre | : Law |
ISBN | : 1803925256 |
This Handbook provides an accessible overview of the different methods, approaches and theories which can be used to enrich labour law research. Drawing on cutting-edge research projects, leading scholars present insights and reflections on the past, present and future of labour law scholarship.
Author | : Wieteke Conen |
Publisher | : Edward Elgar Publishing |
Total Pages | : 523 |
Release | : 2024-08-06 |
Genre | : Political Science |
ISBN | : 180088186X |
Adopting an interdisciplinary approach, this Research Handbook examines the shifting global landscape of self-employment. It provides an authoritative overview of key theoretical perspectives and empirical findings in the field, and presents evidence-based policy responses to the multifaceted nature of modern self-employment.