rethinking workplace regulation beyond the standard contract of employment

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Rethinking Workplace Regulation

Author : Katherine V.W. Stone
ISBN : 9781610448031
Genre : Business & Economics
File Size : 42. 26 MB
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During the middle third of the 20th century, workers in most industrialized countries secured a substantial measure of job security, whether through legislation, contract or social practice. This “standard employment contract,” as it was known, became the foundation of an impressive array of rights and entitlements, including social insurance and pensions, protection against unsociable working conditions, and the right to bargain collectively. Recent changes in technology and the global economy, however, have dramatically eroded this traditional form of employment. Employers now value flexibility over stability, and increasingly hire employees for short-term or temporary work. Many countries have also repealed labor laws, relaxed employee protections, and reduced state-provided benefits. As the old system of worker protection declines, how can labor regulation be improved to protect workers? In Rethinking Workplace Regulation, nineteen leading scholars from ten countries and half a dozen disciplines present a sweeping tour of the latest policy experiments across the world that attempt to balance worker security and the new flexible employment paradigm. Edited by noted socio-legal scholars Katherine V.W. Stone and Harry Arthurs, Rethinking Workplace Regulation presents case studies on new forms of dispute resolution, job training programs, social insurance and collective representation that could serve as policy models in the contemporary industrialized world. The volume leads with an intriguing set of essays on legal attempts to update the employment contract. For example, Bruno Caruso reports on efforts in the European Union to “constitutionalize” employment and other contracts to better preserve protective principles for workers and to extend their legal impact. The volume then turns to the field of labor relations, where promising regulatory strategies have emerged. Sociologist Jelle Visser offers a fresh assessment of the Dutch version of the ‘flexicurity’ model, which attempts to balance the rise in nonstandard employment with improved social protection by indexing the minimum wage and strengthening rights of access to health insurance, pensions, and training. Sociologist Ida Regalia provides an engaging account of experimental local and regional “pacts” in Italy and France that allow several employers to share temporary workers, thereby providing workers job security within the group rather than with an individual firm. The volume also illustrates the power of governments to influence labor market institutions. Legal scholars John Howe and Michael Rawling discuss Australia's innovative legislation on supply chains that holds companies at the top of the supply chain responsible for employment law violations of their subcontractors. Contributors also analyze ways in which more general social policy is being renegotiated in light of the changing nature of work. Kendra Strauss, a geographer, offers a wide-ranging comparative analysis of pension systems and calls for a new model that offers “flexible pensions for flexible workers.” With its ambitious scope and broad inquiry, Rethinking Workplace Regulation illustrates the diverse innovations countries have developed to confront the policy challenges created by the changing nature of work. The experiments evaluated in this volume will provide inspiration and instruction for policymakers and advocates seeking to improve worker’s lives in this latest era of global capitalism.

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ISBN : OCLC:1052080733
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Creative Labour Regulation

Author : D. McCann
ISBN : 9781137382214
Genre : Political Science
File Size : 88. 71 MB
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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.

The Right To Work

Author : Virginia Mantouvalou
ISBN : 9781782254997
Genre : Law
File Size : 60. 23 MB
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The value of work cannot be underestimated in today's world. Work is valuable because productive labour generates goods needed for survival, such as food and housing; goods needed for self-development, such as education and culture; and other material goods that people wish to have in order to live a fulfilling life. A job also generally inspires a sense of achievement, self-esteem and the esteem of others. People develop social relations at work, which can be very important for them. Work brings both material and non-material benefits. There is no doubt that work is a crucial good. Do we have a human right to this good? What is the content of the right? Does it impose a duty on governments to promote full employment? Does it entail an obligation to protect decent work? There is also a question about the right-holders. Do migrants have a right to work, for example? At the same time many people would rather not work. What kind of right is this, if many people do not want to have it? The chapters of this book address the uncertainty and controversy that surround the right to work both in theoretical scholarship and in policymaking. They discuss the philosophical underpinnings of the right to work, and its development in human rights law at national level (in jurisdictions such as the United Kingdom, Australia, Japan, France and the United States) and international level (in the context of the United Nations, the European Social Charter, the International Labour Organization, theEuropean Convention on Human Rights and other legal orders).

Den Arbeitsmarkt Verstehen Um Ihn Zu Gestalten

Author : Gerhard Bäcker
ISBN : 9783658121594
Genre : Political Science
File Size : 50. 92 MB
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Der Band bilanziert in 30 Beiträgen das wissenschaftliche Werk des geschäftsführenden Direktors des Instituts Arbeit und Qualifikation, Gerhard Bosch. Autorinnen und Autoren aus politischer Praxis und Wissenschaft kommen gleichberechtigt zu Wort. Das Buch ist in die Kapitel "Zukunft der Arbeit", "Arbeitszeit", "Arbeitsbeziehungen", "Arbeitsmarktordnung" und "Arbeitsmarktpolitik" gegliedert und schließt mit einer Übersicht über die zentralen Publikationen von Gerhard Bosch ab.

A Purposive Approach To Labour Law

Author : Guy Davidov
ISBN : 9780191076848
Genre : Law
File Size : 87. 38 MB
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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 for 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.

The Labour Constitution

Author : Ruth Dukes
ISBN : 9780191038600
Genre : Law
File Size : 65. 21 MB
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Exploring different approaches to the study of labour law, this book examines different ways of conceiving of the subject and of describing, analysing, and criticizing current legislation and policy in the field. In particular, it assesses the validity of the suggestion that 'old ways' of thinking about the subject have become outdated. Detailed consideration is given to two such old ways: the idea of the labour constitution, developed by Hugo Sinzheimer in the early years of the Weimar Republic, and the principle of collective laissez-faire, elaborated by Otto Kahn-Freund in the 1950s. It asks whether, and how, these ideas could be abstracted from the political, economic, and social contexts within which they were developed so that they might still usefully be applied to the study of labour law. The central argument of this book is that the labour constitution can be developed so as to provide an 'enduring idea of labour law', and this is constructed against a critique of modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. As compared with the posited 'law of the labour market', the labour constitution highlights the inherently political nature of labour laws and institutions, as well as their economic functions. It provides a framework for analysing labour laws, labour markets, and labour market institutions, which does not limit the capacity of scholarship in the field to retain its critical edge. It focuses our attentions on important questions, and important fields of enquiry: on questions, not least, of the consequences for workers of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making as markets continue to expand.

Industrial And Labor Relations Review

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ISBN : MINN:31951P01174015P
Genre : Industrial relations
File Size : 35. 83 MB
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Dictionnaire Des Acteurs De L Europe

Author : Elisabeth Lambert Abdelgawad
ISBN : 9782804478506
Genre : Law
File Size : 30. 11 MB
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Si l’Europe est désormais une réalité incontournable, elle reste malheureusement trop souvent appréhendée à travers ses institutions, qu’il s’agisse de celles de l’Union européenne (Commission européenne, Parlement européen, Cour de Justice de l’UE, Banque centrale européenne…) ou de celles du Conseil de l’Europe (Assemblée parlementaire du Conseil de l’Europe, Cour européenne des droits de l’homme…). L’originalité de ce dictionnaire est de donner à voir l’Europe à travers ses acteurs, ceux qui travaillent au sein de ses institutions ou en constantes relations avec elles, ceux qui sont les destinataires des actions européennes, ceux au nom de qui des réformes sont menées, ceux qui promeuvent l’Europe ou encore ceux qui la combattent. Pour ce faire, il adopte une perspective large, interdisciplinaire, tenant ensemble ce qui est classiquement séparé, l’Union européenne et le Conseil de l’Europe. Ce dictionnaire réunit les meilleurs spécialistes sur chacune des entrées du dictionnaire qui livre un état des connaissances et des questionnements les plus actuels sur les acteurs de l’Europe. Il s’adresse aux étudiants, enseignants et chercheurs intéressés par l’Europe qui trouveront avec ce dictionnaire un précieux outil de référence et de réflexion pour apprendre sur l’Europe et sortir des routines de pensée sur cet objet. Il s’adresse aussi aux « professionnels de l’Europe » qui trouveront un ouvrage indispensable à la compréhension de leur environnement européen et plus largement à tout lecteur soucieux de comprendre l’Europe à travers ses acteurs.

Globalization And Labor Standards Annotated Bibliography

Author : Katherine V. W. Stone
ISBN : 1600422195
Genre : Business & Economics
File Size : 80. 83 MB
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The Globalization and Labor Standards (GALS) Annotated Bibliography is a compendium of articles about international labor rights, national and transnational labor standards, and comparative labor law that have been published in law journals. All of the articles in the library are abstracted and cross-referenced by subject. Each article is accompanied by an annotation that describes its contents clearly and concisely. The annotations have been written by Professor Katherine V.W. Stone with the help of her students at the Cornell Law School, the Cornell School of Industrial and Labor Relations, and UCLA School of Law. This volume compiles all of the content in the GALS bibliographic library from 2000 to 2014. The purpose of the book is to preserve the wealth of material developed over the past fifteen years and make it available to libraries and researchers. The GALS database has been used by lawyers, businesses, labor unions, organizations, individuals, non-profit organizations, the World Bank, the International Labor Organization, and numerous governmental entities in more than 140 countries. Katherine V.W. Stone is the Arjay and Frances Miller Professor of Law at UCLA School of Law. Her scholarship and teaching is primarily in the fields of labor law, arbitration law, contracts, and comparative labor law. She received a Guggenheim Fellowship Award and a Russell Sage Fellowship for her work on the changing nature of employment and the regulatory implications. Her book, From Widgets to Digits: Employment Regulation for the Changing Workplace (Cambridge University Press in 2004) won the 2005 Michael Harrington Award from the American Political Science Association for the "outstanding book that best links scholarship to struggles for justice in the real world," and was named Finalist for the 2005 C. Wright Mills Award from the Society for the Study of Social Problems. Her most recent book, Rethinking Workplace: After the Standard Contract of Employment, published in 2013, examines the changing employment landscape in ten industrialized nations and describes some initiatives to counteract the deterioration of job security and the employment-linked safety net.

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