Gender - kaum ein aktuelles Thema emotionalisiert die Gesellschaft derzeit mehr. Durch die breite Thematisierung der Gender Studies und deren gesellschaftlicher Polarisierung war es nur eine Frage der Zeit, bis die Diskussion auch in die unternehmerische Wirklichkeit vordringen wurde. Und in der Tat findet sich das Thema, insbesondere bei Grossunternehmen, die in der OEffentlichkeit stehen, auf der Agenda wieder. Obwohl Gendersprache von einer grossen Mehrheit der Gesellschaft abgelehnt wird, plant mehr als die Halfte der im DAX vertretenen Unternehmen die Einfuhrung einer solchen Sprachregelung. Wo genderneutrale Sprache bislang eingefuhrt worden ist, ist dies auf freiwilliger Basis erfolgt. Die Erfahrung zeigt jedoch, dass es nur eine Frage der Zeit sein wird, bis die ersten Unternehmen von einer verpflichtenden Sprachregelung Gebrauch machen werden. Dies wirft zahlreiche rechtliche Frage- und Problemstellungen auf, denen sich das vorliegende Werk annimmt.

In December 1981, Mumia Abu-Jamal was shot and beaten into unconsciousness by Philadelphia police. He awoke to find himself shackled to a hospital bed, accused of killing a cop. He was convicted and sentenced to death in a trial that Amnesty International has denounced as failing to meet the minimum standards of judicial fairness.

In Have Black Lives Ever Mattered?, Mumia gives voice to the many people of color who have fallen to police bullets or racist abuse, and offers the post-Ferguson generation advice on how to address police abuse in the United States. This collection of his radio commentaries on the topic features an in-depth essay written especially for this book to examine the history of policing in America, with its origins in the white slave patrols of the antebellum South and an explicit mission to terrorize the country's black population. Applying a personal, historical, and political lens, Mumia provides a righteously angry and calmly principled radical black perspective on how racist violence is tearing our country apart and what must be done to turn things around.

Mumia Abu-Jamal is author of many books, including Death Blossoms, Live from Death Row, All Things Censored, Writing on the Wall, and Jailhouse Lawyers.

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.

Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at the nature of the basic relationship between CA and labour law-do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.

Law and practice in the field of industrial action and trade union recognition has undergone extensive changes in recent years. The third edition of The Law of Industrial Action and Trade Union Recognition provides a new, up-to-date, and thorough analysis of this technical area of law. This edition offers comprehensive coverage of all aspects of bringing and defending recognition claims and industrial action injunctions to ensure that nothing is missed when planning a case. It includes full coverage of trade union recognition, employment protection rights, deductions from pay, and the impact of the Human Rights Act 1998 on strikes and picketing. New chapters on Leverage Campaigns and Ancillary Protest cover the new forms of industrial action that have appeared in recent years. The book contains step-by-step guidance and forms and precedents to assist practitioners when negotiating and drafting documents. It covers all recent case law including cases from the European Court of Human Rights and decisions from the Central Arbitration Committee. Written by a team of expert barristers, it provides an essential source of reference to all involved in this area.

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.

What role should racial difference play in the American workplace? As a nation, we rely on civil rights law to address this question, and the monumental Civil Rights Act of 1964 seemingly answered it: race must not be a factor in workplace decisions. In After Civil Rights, John Skrentny contends that after decades of mass immigration, many employers, Democratic and Republican political leaders, and advocates have adopted a new strategy to manage race and work. Race is now relevant not only in negative cases of discrimination, but in more positive ways as well. In today's workplace, employers routinely practice "racial realism," where they view race as real--as a job qualification. Many believe employee racial differences, and sometimes immigrant status, correspond to unique abilities or evoke desirable reactions from clients or citizens. They also see racial diversity as a way to increase workplace dynamism. The problem is that when employers see race as useful for organizational effectiveness, they are often in violation of civil rights law. After Civil Rights examines this emerging strategy in a wide range of employment situations, including the low-skilled sector, professional and white-collar jobs, and entertainment and media. In this important book, Skrentny urges us to acknowledge the racial realism already occurring, and lays out a series of reforms that, if enacted, would bring the law and lived experience more in line, yet still remain respectful of the need to protect the civil rights of all workers.

Das Inverkehrbringen und der Betrieb von Maschinen erfordern, das Einhalten von (Sicherheits-)Anforderungen zu dokumentieren, in Gefahrdungsbeurteilungen das Risiko zu ermitteln, Schutzmassnahmen abzuleiten und umzusetzen. Trotz des einheitlichen Rechtsrahmens kommt es gerade bei Instandhaltungsarbeiten weiterhin zu schweren Arbeitsunfallen, z.B. durch unkontrolliert austretende Energien wegen deaktivierter Schutzmechanismen. Die Autoren fuhren in den Rechtsrahmen der Maschinen- und Betriebssicherheit ein und leiten daraus die wichtige Absicherung unkontrollierter Energiequellen wahrend der Instandhaltung ab. Mit Lockout-Tagout stellen sie ein anerkanntes Verfahren zur Verbesserung der Betriebssicherheit vor. In der 2. Auflage dieses Buches wurde die systematische Vorgehensweise zur Umsetzung eines Programms zur Gefahrdungsbeherrschung von Betreibern von Maschinen grundlegend erweitert und erganzt. Hierzu kombinieren die Autoren Verfahrensanweisungen, technische Massnahmen und Schulungen mit einer kontinuierlichen UEberwachung der Wirksamkeit der Massnahmen.

Employment law has undergone a great deal of change over the past few years; most significantly the enactment of the Equality Act 2010 and the case law that has emerged as a result have irrevocably altered the legal landscape in relation to discrimination in the workplace. These developments have been fully explored in this new edition of A Practical Approach to Employment Law. Now in its ninth edition, this book provides a comprehensive and systematic exploration of the principles and practice of employment law. It is structured to meet the requirements of the lawyer who needs to find practical solutions to practical problems. It provides a clear guide to all aspects of individual and collective employment law as it actually works today. Key developments in this new edition include: extensive coverage of new rules and legislation such as the Equality Act 2010, the Enterprise & Regulatory Reform Act 2013, the Growth & Infrastructure Act 2013, the Trade Union Act 2016, and the new Employment Tribunal rules; as well as full consideration of relevant case law. The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law, providing a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promote clarity and ease of understanding.

Das Kollektivarbeitsrecht, das im Mittelpunkt des zweiten Lehrbuchbandes steht, gibt dem Arbeitsrecht seine Besonderheit. Kollektivmachte - die Gewerkschaften und die Belegschaftsvertretungen (Betriebs- und Personalrate) - wirken auf Arbeitnehmerseite an der Gestaltung der Arbeitsbedingungen mit, um das strukturelle Ungleichgewicht zum Arbeitgeber auszugleichen. Das Kollektivarbeitsrecht befasst sich mit den Fragen, wer die Akteure sind, wie ihre Rechtsstellung aussieht und welche Mittel ihnen zur Verfugung stehen. Zwischen Kollektiv- und Individualarbeitsrecht gibt es zahlreiche Beruhrungspunkte, die sich am deutlichsten bei der AEnderung von Arbeitsbedingungen und beim Betriebsubergang zeigen, die im Anschluss an das Kollektivarbeitsrecht behandelt werden. Der Band schliesst mit einer Einfuhrung in das Recht der Arbeitsstreitigkeiten, die den Arbeitsgerichten und den Schlichtungsstellen obliegt.

Employment, Labour and Industrial Law in Australia provides a comprehensive, current and accessible resource for the undergraduate and Juris Doctor student. With a social and political background to the law, this text provides insightful legal analysis underscored by practical business experience, while exploring key principles through a close evaluation of laws and lively discussion of prominent cases. Recognising the multi-faceted nature of the subject, the authors have included content on employment, labour and industrial law in the one text, while also presenting critical topics not often dealt with, namely: * current and in-depth analysis of trade union regulation * public work including the public sector, the judiciary and academics * workplace health and safety including worker's compensation, bullying, anti-discrimination and taxation * emerging issues including topics such as transnational and international employment law, migration and employment, as well as volunteers and work experience. To maintain currency within this rapidly changing area of law, the text has a website which will include updates for any major developments in the field as well as responses to end-of-chapter questions. Written by respected academics and practicing lawyers in the field, this book is a relevant and contemporary guide to this fascinating area of law.

Christian Jaksch analysiert in diesem Buch rechtsvergleichend die Auswirkungen der unmittelbar anwendbaren EU-Datenschutz-Grundverordnung auf den nationalen Beschaftigtendatenschutz und das relevante IT-Arbeitsrecht in Deutschland und OEsterreich unter Berucksichtigung neuer Technologien fur den IT-gestutzten Arbeitsplatz. Aufgrund der Implementierung von Cloud-Computing-Technologien mit weltweiter Datenverarbeitung werden in einem Exkurs auch konkrete datenschutzrechtliche Risiken dargelegt. Der Autor: Dr. Christian Jaksch, LL.M. ist Mitarbeiter im Bereich Konzerndatenschutz (Group Data Protection) bei einem deutschen Automobilhersteller. Seine Dissertation wurde von Univ.-Prof. Dr. Nikolaus Forgo (Universitat Wien / Leibniz Universitat Hannover) mit Promotion an der Universitat Wien betreut.

This textbook offers a systematic presentation and discussion of the basic principles and features of labor and employment law. It highlights the structures and trends and clarifies their relevance to conflict resolution.

The UN Convention on the Rights of Persons with Disabilities promotes ability equality, but this is not experienced in national laws. Australia, Canada, Ireland, the UK and the US all have one thing in common: regulatory frameworks which treat workers with psychosocial disabilities less favorably than workers with either physical or sensory disabilities. Ableism at Work is a comprehensive and comparative legal, practical and theoretical analysis of workplace inequalities experienced by workers with psychosocial disabilities. Whether it be denying anti-discrimination protection to people with episodic disabilities, addictions or other psychological impairments, failing to make reasonable accommodations/adjustments for workers with psychosocial disabilities, or denying them workers' compensation or occupational health and safety protections, regulatory interventions imbed inequalities. Ableism, sanism and prejudice are expressly stated in laws, reflected in judgments, and perpetuated by workplace practices and this book enables advocates, policy makers and lawmakers to understand the wider context in which systems discriminate workers with psychosocial disabilities.

In recent decades, laws and workplace policies have emerged that seek to address the "balance" between work and family. Millions of women in the U.S. take some time off when they give birth or adopt a child, making use of "family-friendly" laws and policies in order to spend time recuperating and to initiate a bond with their children. The Balance Gap traces the paths individual women take in understanding and invoking work/life balance laws and policies. Conducting in-depth interviews with women in two distinctive workplace settings-public universities and the U.S. military-Sarah Cote Hampson uncovers how women navigate the laws and the unspoken cultures of their institutions. Activists and policymakers hope that family-friendly law and policy changes will not only increase women's participation in the workplace, but also help women experience greater workplace equality. As Hampson shows, however, these policies and women's abilities to understand and utilize them have fallen short of fully alleviating the tensions that women across the nation are still grappling with as they try to reconcile their work and family responsibilities.

This provocative book by the leading historian of the National Labor Relations Board offers a reexamination of the NLRB and the National Labor Relations Act (NLRA) by applying internationally accepted human rights principles as standards for judgment. These new standards challenge every orthodoxy in U.S. labor law and labor relations. James A. Gross argues that the NLRA was and remains at its core a workers' rights statute. Gross shows how value clashes and choices between those who interpret the NLRA as a workers' rights statute and those who contend that the NLRA seeks only a "balance" between the economic interests of labor and management have been major influences in the evolution of the board and the law. Gross contends, contrary to many who would write its obituary, that the NLRA is not dead. Instead he concludes with a call for visionary thinking, which would include, for example, considering the U.S. Constitution as a source of workers' rights. Rights, Not Interests will appeal to labor activists and those who are trying to reform our labor laws as well as scholars and students of management, human resources, and industrial relations.

New ways of managing conflict are increasingly important features of work and employment in organizations. In the book the world's leading scholars in the field examine a range of innovative alternative dispute resolution (ADR) practices, drawing on international research and scholarship and covering both case studies of major exemplars and developments in countries in different parts of the global economy. Developments in the management of individual and collective conflict at work are addressed, as are innovations in both unionized and non-union organizations and in the private and public sectors. New practices for managing conflict in organizations are set in the context of trends in workplace conflict and perspectives on how conflict should be understood and addressed. Part 1 examines the changing context of conflict management by addressing the main frameworks for understanding conflict management, the trend in conflict at work, developments in employment rights, and the influence of HRM on conflict management. Part 2 covers the main approaches to conflict management in organizations, addressing both conventional and alternative approaches to conflict resolution. Conventional grievance handling and third-party processes in conflict resolution are examined as well as the main ADR practices, including conflict management in non-union firms, the role of the organizational ombudsman, mediation, interest-based bargaining, line and supervisory management, and the concept of conflict management systems. Part 3 presents case studies of exemplars and innovators in the field, covering mediation in the US postal service, interest-based bargaining at Kaiser-Permanente, 'med-arb' in the New Zealand Police, and judicial mediation in UK employment tribunals. Part 4 covers international developments in conflict management in Germany, Japan, The United States, Australia, New Zealand, the United Kingdom and China. This Handbook gives a comprehensive overview of this growing field, which has seen an huge increase in programmes of study in university business and law schools and in executive education programmes.

This book provides practical, business-orientated and accessible guidance on key aspects of German employment and labour law as well as adjoining fields. This second, completely revised edition presents the latest changes in German labour and employment law and jurisprudence. It covers, amongst other newer developments, the statutory minimum wage, changes in agency work, extensive changes in European and German employee data protection law, and includes a completely new chapter on compliance issues in the employment context. Specialised lawyers with many years of experience explain the legal basis of these aspects of German law, highlight typical practical problems and suggest solutions to those problems. In addition, examples are given on how to best manage legal pitfalls to minimise risks. This book translates employment and labour law for foreign in-house counsels and human resources managers at international companies and provides a clear understanding of the complex legal regulations in Germany.

Why does a country with religious liberty enmeshed in its legal and social structures produce such overt prejudice and discrimination against Muslims? Sahar Aziz's groundbreaking book demonstrates how race and religion intersect to create what she calls the Racial Muslim. Comparing discrimination against immigrant Muslims with the prejudicial treatment of Jews, Catholics, Mormons, and African American Muslims during the twentieth century, Aziz explores the gap between America's aspiration for and fulfillment of religious freedom. With America's demographics rapidly changing from a majority white Protestant nation to a multiracial, multireligious society, this book is an in dispensable read for understanding how our past continues to shape our present-to the detriment of our nation's future.

Im Mittelpunkt dieses essentials steht die anschauliche und fundierte Darstellung gesetzlicher Regelungen im Reisekostenrecht (inkl. Bundesreisekostengesetz). Zahlreiche Beispiele bringen dem Leser, der im Vorfeld noch nichts oder wenig mit dieser Materie zu tun hatte oder sich schnell einen Einblick in die aktuelle Zahlenwelt verschaffen moechte, die Zusammensetzung der Reisekosten (z.B. Fahrtkosten, Verpflegungsmehraufwendungen, Reisenebenkosten) nahe. Das essential ersetzt nicht die Kommunikation mit dem Steuerberater, sondern unterstutzt den Angestellten dabei, aktuelle Grundkenntnisse im Reisekostenrecht zu erwerben bzw. diese zu vertiefen. Ziel ist es, die erworbenen Kenntnisse in der Praxis sicher anwenden zu koennen.

Gender is an increasingly prominent aspect of the contemporary debate and discourse around law. It is curious that gender, while figuring so centrally in the construction and organization of social life, is nevertheless barely visible in the conceptual armoury of law. In the jurisprudential imagination law is gender-less; as a result legal scholarship for the most part continues to hold on to the view that gender plays little or no role in the conceptual make-up, normative grounding, or categorical ordering of law. The official position is that the idea of law and legal fundamentals are, or at least ought to be, gender-independent. This book challenges these long-held assumptions. Exploring the relationship between law and gender it takes gender as a core concept and analytical tool and examines how law is conceptualized, organized, articulated, and legitimated. How can gender be given meaning in legal texts, doctrine, and practices, and how can gender operate within the law while simultaneously appearing to be outside it? The relationship between gender and the law is relevant to virtually all areas of law including in particular criminal law, tort law, family law, employment law, and human rights. Increasingly issues of gender are perceived as the concern of all, reflecting broader debates in the law, including those of equality and sexuality. Covering the key theoretical and substantive areas of jurisprudence, this volume by Joanne Conaghan will be essential reading for all interested in gender studies and legal theory more widely. It offers a clear, concise introduction to gender studies and central feminist concerns for a legal readership.

Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.