This monograph reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an 'anti-stigma principle', promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as European law.

For human resource professionals, labor law specialists, and others involved in the practice of labor-management relations, Lencsis provides a concise, easily-accessed description of the workers compensation system in the United States, its governing laws and also its insurance aspects. Covering all major facets of workers compensation legislation and the insurance and risk management techniques used to comply with them, his book will have equal benefits for the staffs of insurance companies and brokerages, compensation and claims professionals, and for workers compensation executives in governmental agencies.

Lencsis explains that workers compensation laws were enacted on the federal and state levels in the early part of the century and have endured in the same basic form to the present. They represent a radical departure from common law concepts of negligence and damages in that they provide for statutory medical and wage-loss benefits regardless of who is at fault. Lencsis explores how insurance mechanisms in the public and private sectors are used to fund benefits and to make their delivery as secure and certain as possible. He also notes that workers compensation insurance is a major part of the property-casualty insurance business, and as such has recently become one of its most profitable areas. Lencsis' book helps readers to understand these concepts and to work with them in the day-to-day conduct of their business.

Chinese and Japanese trade unions may seem emasculated and weak when compared with their Western counterparts in that they do not stand up to management to protect the interests of workers. The author's analysis in this text probes the reasons for this difference, tearing down stereotypical notions about societies with a Confucian heritage, to examine the significant role of law in shaping industrial relations in modern China and Japan. Through a comparative analysis of their trade union laws, this work analyzes the role of law in shaping postwar industrial relations in China and Japan and the interplay amongst such elements as the State or the Party, management, and workers. The work focuses on industrial relations in commercial and industrial enterprises, addressing such issues as the performance or nonperformance of trade unions in China and Japan and possible explanations, and the prospects and limitations of using codified laws to effect change or control in the postwar industrial settings of these two countries. The work's features include: a comparative approach; the use of case studies to maximize objectivity and insight; a unified and clearly expressed thesis and conclusions including a summary of findings; footnotes and cross references; and concise explanations of the relevant legal provisions and the manner in which they have been applied. This work enables academics and international labour law practitioners to understand industrial relations in these two countries in light of their own particular circumstances, to ascertain whether their trade unions have fulfilled their role as representatives of workers, and to evaluate the efficacy of law as an agent of social change and/or social control. The book also seeks to achieve a broader purpose: breaking through stereotypes of East Asian peoples to promote international understanding, generate thought-provoking issues and insights, and stimulate more research.

New developments in legislation have increased the availability of employment. These advances result in long-term improvement of economic and sustainable development. Employment Protection Legislation in Emerging Economies is a critical scholarly resource that examines legislation relating to employment protection in developing economies and its impacts on unemployment, job creation, productivity, and the efficiency of the labor market. Featuring coverage on a broad range of topics, such as labor reform, job creation, and the social protection agenda, this book is geared towards academicians, practitioners, and researchers seeking current research on legislation relating to employment protection.

EU Anti-Discrimination Law provides a detailed and critical analysis of the corpus of European Union law prohibiting discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age, and sexual orientation. It takes into account the changes brought about by the Treaty of Lisbon and contains a thorough examination of the relevant case law of the Court of Justice of the EU. The book examines the background to the legislation and explains the essential characteristics and doctrines of EU law and their relevancy to the topic of anti-discrimination. It also analyses the increasingly significant general principles of EU law, the Charter of Fundamental Rights, and the relevant law flowing from the European Convention on Human Rights. The key concepts contained in anti-discrimination law are subjected to close scrutiny. The substantive provisions of the law on equal pay and the workplace and non-workplace provisions of the governing Directives are similarly examined, as are the numerous exceptions permitted to them. The complex rules governing the rights of pregnant women and those who have recently given birth are dealt with comprehensively and in a separate chapter. Equality in social security schemes is also discussed. The book concludes with an assessment of the practical utility of the existing law and the current proposals for its reform.

The global economy poses major new questions for employment and social policy on an international scale. Governments worldwide face dilemmas; whether to liberalize trade and investment or opt for protectionism; and whether to create flexible or tightly regulated labour markets. These same questions are hotly debated within the World Trade Organization, the International Labour Organization, the International Monetary Fund and the World Bank, and also within regional blocs such as the European Union, NAFTA, MERCOSUR, APEC and SADC. For neo-liberals, as for old-style labour protectionists, the choices may appear to be relatively simple. But most Governments and policy makers are striving to achieve a balance between free trade and investment on the one hand and high employment and raised social standards on the other. This book, written by a leading authority on international labour law, provides a thorough and comprehensive analysis of the complex policy and legal choices which face those wishing pursue a broadly social democratic response to the removal of barriers to trade and investment in a globalized market economy dominated by transnational corporations.

The eight outstanding authors who have collaborated in this endeavour represent the highest levels of interaction among scholars, social partners, and EU institutions involved in the European Social Dialogue. This book is the final product of their Brussels conference in October 2002, organised by the Social Law Department of Ghent University. Their deeply informed contributions respond to such probing questions as the following:
- Does the much-talked-of European social model really exist?
- Are effective collective agreements feasible under the current EC Treaty?
- Is the conclusion of collective agreements negotiation or legislation?
- Can a viable compromise be achieved between the often contradictory aims of competition law and social policy?
The discussions include incisive analyses of relevant law and legal theory - pertinent EC Treaty provisions and directives, decisions of the Community's courts, existing and potential collective agreements - as well as declarations of the social partners and from Community institutions. The text of the work programme drawn up by ETUC, UNICE, and CEEP in November 2002 is reproduced in full.

The practice of consultation between senior managers and employee representatives has a long history in British employment relations yet has often been overshadowed by discussions on collective bargaining. In the last few decades, the importance of consultation has been elevated by two main trends: the decline in trade union membership and the retreat from collective bargaining in the private sector on the one hand, with the result that consultation may be the only form of collective employee voice available; and the programme of legislative support for consultation by the European Union since the 1970s on the other. The book charts the meaning and development of consultation in the twentieth century and explores the justifications for the practice. It shows how EU intervention to promote consultation evolved and changed, paying particular attention to the adoption of the Information and Consultation of Employees (ICE) Regulations, which became fully operational in enterprises with 50 or more employees in 2008. Analysing the half-hearted response to EU consultation initiatives by the social partners in Britain, it provides a critical assessment of successive UK governments' handling of the issue. Drawing on the authors' empirical research in twenty-five organizations, the book closely examines the take-up and impact of consultation regulations, and explores the processes involved in effective consultation. Consultation at Work looks at the dynamics of consultation and draws a contrast between 'active' consultation of the type envisaged by the EU, and more limited consultation used as a means of communication. Discussing the UK experience in comparative perspectives, it asks what has to happen for the take-up of consultation to improve and suggests the changes that should be made to the EU Directive and UK ICE Regulations.

Focusing on the perspectives of policy-makers, the book's purpose is to closely examine the factors that make for successful/unsuccessful labor market related policy reforms. The aim is to reveal the political aspects, namely the chances, challenges and impediments to designing labor market reforms and to establish the conditions under which successful labor market reforms can be advocated, adopted and implemented (process). The work includes exclusive interviews with twelve former European prime ministers about the labour market reforms they initiated in their respective countries: Wolfgang Schussel Anders Fogh Rasmussen Andrus Ansip Francois Fillon Gerhard Schroeder Georgios Papandreou Mario Monti Jan Peter Balkenende Jerzy Buzek Iveta Radicova Luis Rodriguez Zapatero Tony Blair

Freedman focuses on investigation of employees by their companies and organizations, delineating the rights and obligations of the employer and the rights and privileges of the employee in the employment relationship. Internal company investigations have in recent years become widespread as companies and corporations seek to ferret out internal problems. Officers and directors as well as employees have been subjected to the internal investigative process. But the content of these internal investigations and the precise procedures utilized by the company or corporation are simply unknown for the obvious reason that no company or corporation wants to publicize the fact of investigation, or wash its dirty linens in public Unless such inside secrets are disclosed in the course of litigation, the author of any text on internal investigations cannot detail the pragmatic substance of the internal investigation. The point is simply that the internal investigation process generally remains confidential until disclosed by the participants.

There are, however, guidelines to the internal investigation that are available, and the author has utilized every known facet of the investigative process to spotlight what the internal investigation is all about. Factors such as the right to privacy; whistleblowing; discrimination based on age, sex, race, national origin, religion, etc.; drug-testing and alcohol-testing; as well as prime causes of discharge or termination of employment are all relevant, and are delineated hereinafter. In most instances, these factors are evidenced by decided cases, thereby establishing precedents and background for the author's conclusions. In view of the increasing amount of litigation in this field, Freedman's treatise will be valuable to bench and bar, and as a guide will be useful to executives in corporations and organizations throughout the private and public sectors.

This text is a collection of primary source materials in the labour law and social policy of the European Community in one volume. It includes documents and decisions up to May 1st, 1999, when the Treaty of Amsterdam came into force, along with key legislative instruments in EC labour law and social policy, significant associated policy documents produced by the Commission and important decisions of the European Court of Justice. This material is organised by reference to specific Directives and Treaty provisions. Thus (for example) the progress of a specific Action Programme may be followed through legislature, Commission and Court to reveal a complete overview of its development since the Community came into being. The author follows this analytic procedure for all major areas of labour law and social policy, including equality of treatment for men and women, equal pay and working conditions. Easy access to the book's information is provided by a reference system built on a series of tables presented at the beginning of the volume. These include two "tables of equivalence" that facilitate the process of converting former Treaty article numbers to the article numbers now in force under the amended and renumbered Treaty of Amsterdam. Advocates, judges, policymakers, scholars and students should find this sourcebook useful.

This original book seeks to shape current trends toward employer self-regulation into a new paradigm of workplace governance in which workers participate. The decline of collective bargaining and the parallel rise of employment law have left workers with an abundance of legal rights but no representation at work. Without representation, even workers' legal rights are often under-enforced. At the same time, however, many legal and social forces have pushed firms to self-regulate--to take on the task of realizing public norms through internal compliance structures. Cynthia Estlund argues that the trend toward self-regulation is here to stay, and that worker-friendly reformers should seek not to stop that trend but to steer it by securing for workers an effective voice within self-regulatory processes. If the law can be retooled to encourage forms of self-regulation in which workers participate, it can help both to promote public values and to revive workplace self-governance.

This book investigates the impact of EU law and policy on the Member States' higher education institution (HEI) sectors with a particular emphasis on the exposure of research in universities to EU competition law. It illustrates how the gradual application of EU economic law to HEIs which were predominantly identified as being within the public sector creates tensions between the economic and the social spheres in the EU. Given the reluctance of the Member States to openly develop an EU level HEI policy, these tensions appear as unintended consequences of the traditional application of the EU Treaty provisions in areas such as Union Citizenship, the free movement provisions and competition policy to the HEI sector. These developments may endanger the traditional non-economic mission of European HEIs. In this respect, the effects of Union Citizenship and free movement law on HEIs have received some attention but the impact of EU competition law constitutes a largely unexplored area of research and this book redresses that imbalance. The aim of the research is to show that intended and unintended consequences of the EU economic constitution(s) are enhanced by a parallel tendency of Member States to commercialise formerly public sectors such as the HEI sector. The book investigates the potential tensions through doctrinal analysis and a qualitative study focussing on the exposure of HEI research to EU competition law as an under-researched example of exposure to economic constraints. It concludes that such exposure may compromise the wider aims that research intensive universities pursue in the public interest. Andrea Gideon is a Postdoctoral Research Fellow at the Centre for Law & Business (National University of Singapore) for which she has suspended her position as Lecturer in Law at the University of Liverpool. In her current project she is investigating the application of competition law to public services in ASEAN. Her previous research concerned tensions between the economic and the social in the EU with a focus on EU competition law in which research area she earned her PhD at the University of Leeds in 2014.

This book constitutes the first comprehensive publication on the duty of care of internationalorganizations towards their civilian personnel sent on missions and assignments outsideof their normal place of activity. While the work of the civilian personnel of internationalorganizations often carries an inherent risk, the regulations, policies and practices of theemployer can help to address and mitigate that risk. In this book, the specific content and scope of the duty of care under international law is clarifiedby conducting an unprecedented investigation into relevant jurisprudence and legal sources.Included is a critical assessment of the policies of selected international organizations while aset of guiding principles on the duty of care of international organizations is also presented. This publication fills a gap in the existing academic literature on the topic and is aimedparticularly at academics and practitioners interested in the legal implications of the deploymentof civilian personnel abroad by international organizations. This includes scholarsand university-level students specializing in international law, international human rightslaw, the law of international organizations, labour law, EU law, international administrativelaw and the UN system, and practitioners, such as lawyers and consultants, representing oradvising international organizations or their personnel on the legal aspects of deployment. The book is also aimed at the senior management of international organizations and at theirofficers in charge of recruitment, human resources, training and security, in that it clarifiestheir legal obligations and provides concrete examples of the policies various internationalorganizations have in place for the protection of civilian personnel. Current and prospectivecivilian personnel of international organizations should also find the book useful forclarifying their rights and duties. Andrea de Guttry is Full Professor at the Dirpolis Institute of the Sant'Anna School ofAdvanced Studies in Pisa, Micaela Frulli is Associate Professor at the Dipartimento di ScienzeGiuridiche (DSG), University of Florence, Edoardo Greppi is Full Professor at the Dipartimentodi Giurisprudenza, University of Turin, and Chiara Macchi is Research Fellow at theDirpolis Institute of the Sant'Anna School of Advanced Studies in Pisa.

This work deals with the rules designed to enforce EC labour law directives in the workplace. Directives normally do not provide any specific rules on procedures and sanctions according to which the substantive rules of the directives are to be enforced. Instead, domestic rules shall apply. However, the European Court of Justice has developed some principles of enforcement that limit the autonomy of the Member States. The aim of this book is to analyse the meaning of the principle of effective enforcement developed by the Court in three areas of labour law: working time in the context of EU health and safety law; the restructuring of enterprises through collective redundancies and transfers of undertakings; and equality of opportunity between women and men. The principle effective enforcement is analysed in the light of how labour law directives are enforced in Germany, Italy, the Netherlands, Sweden and the UK. The book also includes an analysis of regulations in Poland, which illustrates some of the challenges that candidate countries will face in joining the EU.

Written as a comprehensive reference for personnel managers, vice presidents in charge of human resources, and for practicing attorneys, "The Employment Contract" addresses both the historical development of the employer-employee relationship and current legal practice. In addition to thorough coverage of the many legal and nonlegal concepts and precedents involved, Freedman also offers in-depth analysis of such timely issues as the impact of AIDS on anti-discrimination statutes and problems of sexual harassment in the workplace. Throughout, the discussion is illustrated with ample references to applicable case law.

Freedman begins by exploring the traditional master-servant relationship and its impact on beginning concepts of the employment contract. He goes on to trace the laW's response to various issues affecting the rights and responsibilities of employers and employees including the termination and dismissal of employees; age, racial, sexual, and religious discrimination; the discriminatory problems of the handicapped; and other federal statutes such as unemployment compensation, the Fair Labor Standards Act, and the Employee Retirement Income Security Act (ERISA). In a separate chapter devoted to workplace injuries, federal statutes such as Workmens' Compensation and the Federal Employers' Liability Act also receive thorough treatment. The volume concludes with comprehensive discussions of liability to third parties, noncompetitive covenants, unions, and migrant and alien employees.

Just a few years ago, the concept of job-related privacy was barely recognized by the law and virtually unknown to most employers. Under the legal doctrine of employment-at-will, the conditions of most employment were dictated by employers, and workers held their jobs at the discretion of their superiors. In the past two decades, however, numerous laws and court rulings have established the doctrine of workplace privacy: the protection of employees and job applicants from attempts by employers to learn information about them and to regulate their activities on and off the job. This book examines the multi-faceted concept of workplace privacy, helping employers and workers to appreciate each other's legal rights, and offering practical suggestions for avoiding legal pitfalls.

A number of general privacy-related issues are addressed in the volume, including how to balance employee privacy interests with business needs, what adjustments should be made in regard to illicit drugs and drug testing, and the role of computers in monitoring employees. In language stripped of as much legal jargon as possible, Jon Bible and Darien McWhirter discuss some basic aspects of our legal system and consider why employee screening attracts so much attention today. They review factors that impinge on an employer's right to screen and trace the evolution of the privacy concept from its 1890 recognition as a legal article to its current applications in the field of employment law. Finally, they explore the privacy implications of specific employment screening devices, such as AIDS, drug, and polygraph testing, as well as on-the-job surveillance and lifestyle activity interference. Extensive references are supplied at the end of each chapter, and an appendix containing the entire text of the Americans with Disabilities Act of 1990 is also included. This study of an important legal issue will be a valuable reference source for the personnel and human resource professionals in most businesses, as well as for any employees who wish to further understand this complicated subject. Students of business and employee relations will also find it to be an important resource, as will both academic and public libraries.

This book examines the employment arrangements of professional athletes in the Premier League football competition, the National Basketball Association competition and rugby union played at an international level. It describes the organisation and regulatory frameworks of these three professional team sports and highlights the legal, economic and regulatory factors that influence the final form of an athlete's working conditions. It provides a comparative analysis between the sports on issues such as the role of collective bargaining, wage regulation, salary caps, nationality restrictions, eligibility, player movement and the acquisition of a player's intellectual property. It discusses the approaches adopted in each sport for balancing the interests of labour and management, the problem of controlling private regulatory power in professional sport, and considers the extent to which legal or government intervention is required in an athlete's employment relationship. National law can assist players in a domestic league to secure an involvement in the determination of working conditions but it has a more limited effect in a competition organised by an international governing body. This book argues that social regulation through soft law processes at an international level may benefit athletes, consumers and sport globally. It provides a useful case example for comparison with the organisation of other professional team sports in Europe, North America and Australasia. This book is important reading for scholars and practitioners in the fields of international sports law, employment law, competition law, European law and human rights law. It is also highly recommended for students at undergraduate and postgraduate levels taking modules and courses in Sports Law or Sports Business Management. Dr. Leanne O'Leary is a dual-qualified solicitor, Senior Lecturer in Law and member of the Centre for Sports Law Research at Edge Hill University in the United Kingdom. This book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Ben Van Rompuy and Dr. Antoine Duval.

This collection addresses the potential of the European Social Charter to promote and safeguard social rights in Europe. Drawing on the expertise of the ETUI Transnational Trade Union Rights expert network from across Europe, it provides a comprehensive commentary on these fundamental rights. Taking a two part approach, it offers an in-depth legal analysis of the European Social Charter as a new social constitution for Europe, investigating first the potential of the general legal frame in which the Charter is embedded. In the second phase a series of social rights which are related to the employment relation are examined in particular in light of the jurisprudence of the European Committee of Social Rights (ECSR), to demonstrate the crucial but difficult role of the Charter's supervisory bodies to secure the respect and promotion of social rights and national level, bearing in mind the reciprocal influence of other international social rights instruments. This examination is timely, given the pressure exerted on those rights during the recent period of economic crisis. Furthermore, in the light of the predominantly economic vision of Europe, such analysis is crucial. The collection is aimed at stimulating academic scrutiny and raising awareness amongst practitioners and trade unions about this important and equally necessary anchor of the social dimension of Europe in legal and political practice.

The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.

Written in a clear, direct style, this book provides educators with a comprehensive presentation of the laws and rules governing collective bargaining. Establishing from the outset that educators have a constitutionally protected right to organize for purposes of bargaining collectively, Ostrander identifies basic regulations for such activity in the education field and goes on to present in-depth analyses of specific legal issues that may arise. Topics include impasse procedures, the right of middle managers to bargain collectively, the legal status of strikes, the legal basis for public involvement in bargaining, statutory provisions for union security, the legal rights of the individual in a collective bargaining setting, legal issues in post-secondary bargaining, and the legal status of grievance arbitration.

The goal of this well known book is to provide methods for understanding major EEO laws, including the Civil Rights Act of 1964, the Equal Pay Act of 1963, and the American with Disabilities Act of 1990. Also included are over 700 cases involving federal case law that focus on issues relating to the terms and conditions of employment. New to this third edition are sections at the end of each chapter on "Implications for Practice." These accessible sections will give organizations and managers practical advice on strategies and guidelines for implementing laws and guidelines. A website of additional case materials, power points, and teaching aids accompany this book.