Labour Law and Labour Market Regulation


Book Description

The traditional boundaries of labour law are becoming outmoded in a modern world in which active labour market participants vastly outnumber "employees", and the world of work extends way beyond the workplace gate. There is convergence with labour market regulation. The contract of employment remains central but is no longer the sole object of study Labour Law and Labour Market Regulation is a state of the art presentation of the latest Australian scholarship and research surrounding this seismic change. Its 38 chapters reflect the dramatically different industrial, social, political and legislative contexts in which the law now operates and the intellectual revolution this is generating. The latest theoretical thinking and empirical findings are gathered together in four parts: the varying purposes of regulation; the different institutions and technologies of regulation; the active role regulation plays in constituting labour markets; and, the regulation of the processes by which employment rights and obligations are determined. Individual chapters contain studies of regulation within prescriptive government schemes, contract networks, specialist labour markets, the intersection between work and family, enterprise policies and practices, and the courts and tribunals. For academics, the book provides much material to enliven and diversify their courses. It advocates fresh intellectual approaches which take account of international scholarship and, while mindful of the latest legislative changes, it adopts a long-range, multi-locational and pluralist view of Australian labour law. For practitioners, the book provides insights into areas that are,as arbitration declines, becoming increasingly important to their clients' interests. The most recent legislation and jurisprudence is discussed in many chapters including discrimination, dismissals, health and safety, immigration, social security, franchise, volunteer and contract law.




Redefining Labour Law


Book Description

Comprises 12 papers covering the parameters of labour law, research into labour law, and the teaching of labour law. Includes an essay on the internationalization of labour law.




Globalization and the Future of Labour Law


Book Description

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.




The Maritime Labour Convention 2006: International Labour Law Redefined


Book Description

With the Maritime Labour Convention now in force (as of August 2013), the shipping industry is faced with a new international convention that has comprehensive implications across all sectors. This vital text provides timely analysis and thought-provoking essays regarding the Convention’s application and enforcement in practice. Hailed as the "Seafarer’s Bill of Rights" and the "fourth pillar" of the international regulatory regime for quality shipping, the Maritime Labour Convention is set to significantly alter the playing field for key stakeholders. This book offers diverse and interesting commentary in respect of the Convention’s impact on core sectors of the shipping industry, identifying both strengths and weaknesses of the Convention, as well as potential hurdles that will need to be overcome. Each chapter focuses on a different aspect of the Convention, ranging from individual rights of the seafarer to challenges of flag State implementation. Special attention is given to enforcement through examination of the innovative measures provided in the Convention itself, along with discussion of domestic enforcement mechanisms in certain States. Furthermore, the book evaluates whether the Convention has filled existing gaps in maritime labour law, resolved prior difficulties or created new problems. This book expertly addresses issues of fundamental importance to national authorities, shipping professionals and associations, maritime lawyers and academics worldwide. ---In memory of Richard Shaw---




The Maritime Labour Convention 2006: International Labour Law Redefined


Book Description

With the Maritime Labour Convention now in force (as of August 2013), the shipping industry is faced with a new international convention that has comprehensive implications across all sectors. This vital text provides timely analysis and thought-provoking essays regarding the Convention’s application and enforcement in practice. Hailed as the "Seafarer’s Bill of Rights" and the "fourth pillar" of the international regulatory regime for quality shipping, the Maritime Labour Convention is set to significantly alter the playing field for key stakeholders. This book offers diverse and interesting commentary in respect of the Convention’s impact on core sectors of the shipping industry, identifying both strengths and weaknesses of the Convention, as well as potential hurdles that will need to be overcome. Each chapter focuses on a different aspect of the Convention, ranging from individual rights of the seafarer to challenges of flag State implementation. Special attention is given to enforcement through examination of the innovative measures provided in the Convention itself, along with discussion of domestic enforcement mechanisms in certain States. Furthermore, the book evaluates whether the Convention has filled existing gaps in maritime labour law, resolved prior difficulties or created new problems. This book expertly addresses issues of fundamental importance to national authorities, shipping professionals and associations, maritime lawyers and academics worldwide. ---In memory of Richard Shaw---




Reinventing Free Labor


Book Description

One of the most infamous villains in North America during the Progressive Era was the padrone, a mafia-like immigrant boss who allegedly enslaved his compatriots and kept them uncivilized, unmanly, and unfree. In this history of the padrone, first published in 2000, Gunther Peck analyzes the figure's deep cultural resonance by examining the lives of three padrones and the workers they imported to North America. He argues that the padrones were not primitive men but rather thoroughly modern entrepreneurs who used corporations, the labour contract, and the right to quit to create far-flung coercive networks. Drawing on Greek, Spanish, and Italian language sources, Peck analyzes how immigrant workers emancipated themselves using the tools of padrone power to their own advantage.




Redefined Labour Spaces


Book Description

This book discusses the transformation of labour movements and trade unionism in post-liberalised India. It looks at emerging collectivism, both in formal and informal sectors, and relates it to changing political and industrial relations. Bringing together studies of resistance, struggles and new forms of negotiations from different industries –agriculture, fisheries, brick kiln, plantations, IT, domestic workers, shipbreakers, sex workers, and miners –this book exposes the myths, realities and challenges that the present generation of workers in India face and struggle with. With contributions from leading thinkers in the field, the work deepens the understanding of the current Indian labour spaces, possibilities for contestations and articulations from below. The volume will be useful to students and researchers of labour studies, economics, sociology, development studies and public policy. It will be an invaluable resource to those engaged with industrial relations, trade unions, human rights, social exclusion as well as labour organisations and research institutions.




Overload


Book Description

Why too much work and too little time is hurting workers and companies—and how a proven workplace redesign can benefit employees and the bottom line Today's ways of working are not working—even for professionals in "good" jobs. Responding to global competition and pressure from financial markets, companies are asking employees to do more with less, even as new technologies normalize 24/7 job expectations. In Overload, Erin Kelly and Phyllis Moen document how this new intensification of work creates chronic stress, leading to burnout, attrition, and underperformance. "Flexible" work policies and corporate lip service about "work-life balance" don't come close to fixing the problem. But this unhealthy and unsustainable situation can be changed—and Overload shows how. Drawing on five years of research, including hundreds of interviews with employees and managers, Kelly and Moen tell the story of a major experiment that they helped design and implement at a Fortune 500 firm. The company adopted creative and practical work redesigns that gave workers more control over how and where they worked and encouraged managers to evaluate performance in new ways. The result? Employees' health, well-being, and ability to manage their personal and work lives improved, while the company benefited from higher job satisfaction and lower turnover. And, as Kelly and Moen show, such changes can—and should—be made on a wide scale. Complete with advice about ways that employees, managers, and corporate leaders can begin to question and fix one of today's most serious workplace problems, Overload is an inspiring account about how rethinking and redesigning work could transform our lives and companies.




New Forms of Employment


Book Description

This volume is the first collection of original research brought together under the name of new forms of employment. The contributions written specifically for this project – an intruduction, conclusion, and chapters – propose to critically investigate the current state of this burgeoning and relevant research field and map out future directions. The diverse selection of research oriented on new forms of employment across the World included in this volume provides readers with a variety of topics, disciplinary angles, critical approaches and practices, methods and interpretations, emphases and voices, which, when taken together, illustrate the diversity and complexity of this dynamic and stimulating field, as well as the hightened attention to labour and employment law issues and proliferation of labour and employment law-oriented scholars. The Content · Changing patterns of work: implications for employment relationship · New forms of employment in a digital age · The protection of workers in new forms of employment · New forms of employment and challenges for the protection of collective labour rights of employees ​ The Editors Jerzy Wratny a full professor of labour law, associated with the Institute of Law Studies of the Polish Academy of Sciences, Poland. Agata Ludera-Ruszel a Ph.D. in labour law, an assistant professor in Department of Labour Law and Social Policy at the Institute of Law of the University of Rzeszow, Poland.




Research Handbook on the Economics of Labor and Employment Law


Book Description

ÔWachter and Estlund have assembled a feast on the economic analysis of issues in labor and employment law for scholars and policy-makers. The volume begins with foundational discussions of the economic analysis of the individual employment relationship and collective bargaining. It then progresses to discussions of the theoretical and empirical work on a wide range of important labor and employment law topics including: union organizing and employee choice, the impact of unions on firm and economic performance, the impact of unions on the enforcement of legal rights, just cause for dismissal, covenants not to compete and employment discrimination. Anyone who wants to study what economists have to say on these topics would do well to begin with this collection.Õ Ð Kenneth G. Dau-Schmidt, Indiana University Bloomington School of Law, US This Research Handbook assembles the original work of leading legal and economic scholars, working in a variety of traditions and methodologies, on the economic analysis of labor and employment law. In addition to surveying the current state of the art on the economics of labor markets and employment relations, the volumeÕs 16 chapters assess aspects of traditional labor law and union organizing, the law governing the employment contract and termination of employment, employment discrimination and other employer mandates, restrictions on employee mobility, and the forum and remedies for labor and employment claims. Comprising a variety of approaches, the Research Handbook on the Economics of Labor and Employment Law will appeal to legal scholars in labor and employment law, industrial relations scholars and labor economists.