The great migration of farmers leaving rural China to work and live in big cities as 'floaters' has been an on-going debate in China for the past three decades. This book probes into the spatial mobility of migrant workers in Beijing, and questions the city 'rights' issues beneath the city-making movement in contemporary China. In revealing and explaining the socio-spatial injustice, this volume re-theorizes the 'right to the city' in the Chinese context since Deng Xiaoping's reforms. The policy review, census analysis, and housing survey are conducted to examine the fate of migrant workers, who being the most marginalized group have to move persistently as the city expands and modernizes itself. The study also compares the migrant workers with local Pekinese dislocated by inner city renewals and city expansion activities. Rapid urban growth and land expropriation of peripheral farmlands have also created a by-product of urbanization, an informal property development by local farmers in response to rising low-cost rental housing demand. This is a highly comparable phenomenon with cities in other newly industrialized countries, such as Sao Paulo. Readers will be provided with a good basis in understanding the interplay as well as conflicts between migrant workers' housing rights and China's globalizing and branding pursuits of its capital city. Audience: This book will be of great interest to researchers and policy makers in housing planning, governance towards urban informalities, rights to the city, migrant control and management, and housing-related conflict resolutions in China today.

Although the effect of the EC Anti-Discrimination Framework Directive 2000/78 pervades age discrimination law in all Member States, the courts of each country can and do interpret its provisions - especially pertaining to sanctions - in various ways. In addition, claims of discrimination are handled according to national law, and an administrative law system with its own particular procedure is usually present. This very useful book provides a country-by-country overview of anti-discrimination legislation and related jurisprudence in the 27 EU Member States as well as Switzerland, Russia, and Turkey. The reports, written by experienced employment lawyers from each country, offer expert practical guidance and analysis regarding national laws affecting access to employment and vocational training, information and consultation, working conditions, recruitment, dismissal, retirement, and other relevant factors. The emphasis throughout is on the application of the crucial conceptual elements that derive from EC anti-discrimination law - direct adverse treatment, indirect discrimination, and the grounds on which a difference in treatment due to age is permissible. Each report explains in detail how anti-discrimination law operates at the national level, providing lucid guidance to the legal options available under any set of circumstances likely to arise, including the following: differential treatment, including special or minimum conditions; harassment and victimisation; fixed-term contracts; age-based graduation of compensation; employment relationships with an international dimension; affirmative action; special categories of workers; complaints to a competent person or body in the company; complaints to anti-discrimination offices; suits in labour courts; compensation limits; violator's economic position; non-pecuniary damage suffered by the aggrieved party; effects of collective bargaining agreements; and, social plans resulting from planned operational changes. Many of the reports pay special attention to the far-reaching implications of such important recent ECJ cases as von Colson & Kamann, Mangold, Palacios de la Villa, and Bartsch. Enormously helpful to all concerned with employment law in one or more countries in Europe, this book will prove especially valuable to legal counsel and human resources professionals in numerous situations that arise in day-to-day business conduct. Law students will also find it extremely useful for its concise but detailed perspective on the varieties of anti-discrimination law across Europe. The Publication of this book has been made possible with the support of the law firms allied with Ernst & Young throughout Europe, the Pinsent Masons Luther Group, selected independent law firms and the Holland Law School.

This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees. Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees. Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.

Since the 1980s, a social dialogue has been in progress concerning industrial relations on a European level. The publication of the first Report of the European Commission on Industrial Relations marks the general acceptance that European Union policy is no longer merely attempting to harmonize national regimes in this area, but focusing instead on the pursuit of such basic aims as keeping workers healthy and safe, ensuring that their interests are represented, and providing some protection from economic uncertainty. In this book 15 scholars and policymakers from six European countries explore the territory of industrial relations in Europe as it now stands. The important questions for which they provide in-depth materials include: How far has "Europeanization" progressed in this field? In what ways does the monetary union affect industrial relations? To what extent is the evolving European policy a "pact" between the national employers and trade union organizations? What subtle variations persist in the theme of worker security versus labour market flexibility? What is the "new style" of collective bargaining? Is the power of the state government in industrial relations beyond EU intervention?; How will the Nice Charter of Fundamental Rights affect industrial relations? What kinds of labour law and social security legislation may be expected in the near future? How is the globalization of the market economy affecting wages and working time? And how does the prospect of EU enlargement to the East affect industrial relations policy?

This book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law.

The leading academic authorities contributing to this book have been involved in major studies carried out for international organisations, individual governments, and national trades' union organisations; in Vulnerable Workers they consider the growth of job insecurity, the prevalence of flexible or temporary work, and the emergence of precarious forms of self-employment. They look at the new market economies of post-communist Eastern Europe and China, where economic development may occur at the expense of workers' lives and health; 'misclassification' by employers of workers as 'contractors', denying them access to rights; and the plight of migrant, transient and 'invisible' workers. The impact of supply chain business strategies on the most vulnerable workers; and on the complex relationships between levels of job security and the presence of different kinds of risks are similarly assessed. The contributors also propose responses to the challenges they highlight. The role of employee representatives is examined, together with the potential to enhance worker capability through organisational change. New legislative approaches, and changes to traditional compensation and social security systems are considered. Academics and researchers, policy makers, regulators, trades unionists and occupational health professionals - and wise employers - will all find a use for this book.

How much economic freedom is a good thing?
This book tells the story of how the business community, and the trade associations and think tanks that it created, launched three powerful assaults during the last quarter of the twentieth century on the federal regulatory system and the state civil justice system to accomplish a revival of the laissez faire political economy that dominated Gilded Age America. Although the consequences of these assaults became painfully apparent in a confluence of crises during the early twenty-first century, the patch-and-repair fixes that Congress and the Obama administration put into place did little to change the underlying laissez faire ideology and practice that continues to dominate the American political economy. In anticipation of the next confluence of crises, Thomas McGarity offers suggestions for more comprehensive governmental protections for consumers, workers, and the environment.

Where do I belong? This is a question all mobile persons are bound to ask themselves at one time or another. When crossing borders, individuals establish links with States, which can be the basis for legal claims against these States.This book discusses the issue of these links and, more specifically, the question of how EU law defines the link needed to obtain the right to reside in a Member State and the right to social and employment protection in that State. When it comes to claiming rights from States, traditionally nationality is the answer to the question where a person belongs. However, in the context of European integration and the development of an EU legal framework of internal market rules, citizenship rights and immigration rules, different answers to these questions have been developedFrom this perspective the various chapters of this book examine instruments such as the Citizens Directive 2004/38, the Family Reunification Directive 2003/86, the Long-term Residence Directive 2003/109, the Social Security Coordination Regulation 883/2004, the Rome I Regulation 593/2008 and the Posting of Workers Directive 96/71. The case-law of the Court of Justice on these issues is of course a central element therein.The analyses of scholars from different legal disciplines in the fourteen chapters of this book show that EU law gives a multitude of answers to the question which link is necessary and sufficient to create an individual's right vis--vis a State. The definition of this link, the criteria used and the legal consequences differ according to the legal framework the individual finds himself/herself in and the legal instrument he/she invokes. Moreover, the criteria used in legislation and case-law continue to be the subject of problems of interpretation and application, which in turn leads to legal uncertainty or even confusion.

This book gives an overall picture of the principles of Belgian labour law, i.e. employment law as well as industrial relations law. It is intended for all those who want to become acquainted with Belgian labour law including foreign law firms, entrepreneurs who want to invest in Belgium, etc. For this reason the book focuses on topics that are of practical relevance.The authors not only describe and analyse the legal aspects of labour relations, but also indicate developing trends in Belgium. The book provides an up-to-date survey of the legislation that is both sufficiently detailed and usefully brief to answer most questions likely to arise in a legal setting.The authors describe all important details of the law governing working hours and wages, benefits, trade union activity, employers associations, collective bargaining, industrial disputes, and much more.Building on a clear overview of labour law and industrial relations, the book offers practical guidance on which sound decisions in the labour law context may be based.

Private-sector unionization has been in a period of dramatic decline. While much scholarship has sought to explain this development and has called for stronger legal protection of union organizing efforts, the viability of alternative or supplementary forms of employee representation has received comparatively little attention. The potential for such alternatives and the appropriate role of public policy in this arena served as the theme for the 50th anniversary of New York University's Annual Conference on Labor. This long-standing conference brings together government officials; representatives of companies, labor unions, and employees; lawyers; and human resources specialists. In this vital forum, participants discuss important themes in U.S. labor law affecting the American workplace and share new ideas and perspectives for improving the practice. This latest installment includes conference papers and commentary as well as additional essays by professors at esteemed institutions in three different countries (Israel, Canada, and the United States). It addresses such provocative questions as: What do workers want in the way of workplace representation? What role has individualism played in the decline of unions in private companies? Do labor laws unnecessarily restrict the potential growth of employee ownership? The list of contributors comprises both professors and practicing attorneys from a variety of backgrounds. The papers contained in Employee Representation in the Emerging Workplace will assist and appeal to all concerned with these important contemporary labor law issues and especially with the ways in which the United States is considering them. The theme addressed in this particular installment is topical, central to the field, and deserving of attention.

Disability Servitude traces the history and legacy of institutional peonage. For over a century, public and private institutions across the country relied on the unpaid, forced labor of their residents and patients in order to operate. This book describes the work they performed, in some cases for ten or more hours a day, seven days a week, and the lawsuits they brought in an effort to get paid. The impact of those lawsuits included accelerated de-institutionalization, but they fell short of obtaining equal and fair compensation for their plaintiffs. Instead, thousands of resident and patient-workers were replaced by non-disabled employees. Disability Servitude includes a detailed history of longstanding problems with the oversight of the sub-minimum wage provision in the Fair Labor Standards Act oversight. Beckwith shows how that history has resulted in the continued segregation and exploitation of over 400,000 workers with disabilities in sheltered workshops that legally pay far less than minimum wage.

Despite the fact that the case-law of the European Court of Justice on employment related issues has become increasingly erratic of late,there is no denying the centrality of the Court's role in the development of EC employment law. Though concentration on the work of the Court of Justice may no longer be in vogue, this book examines its contribution in the employment law field in its political and economic context, as well as with reference to the juridical structures within which the Community's judicial arm is obliged to operate. The objective is not simply to critique the employment jurisprudence of the Court but also to examine the procedural, operational and structural context in which the Court of Justice is obliged to work and to reflect on how this context may affect the jurisprudential outcome. The book focuses, in particular, on the shortcomings of the preliminary reference procedure. When the Court of Justice hands down decisions in the employment law field, Article 234 EC dictates a particular type of judicial dialogue between it and the national referring courts. It is contended that the dual dispute resolution/public interest nature of the Court's role in the preliminary reference procedure goes some way to explaining why its answers are often regarded as unsatisfactory from the perspective of the referring court and "users" of EC law generally. The book further outlines the developing Community policy on employment and reflects on the effect which this nascent policy may have on the balancing exercises which the Court is inevitably called upon to perform in a variety of social policy contexts. Finally, part two of the book examines specific substantive areas of EC employment law. The policy considerations at play in the case-law of the Court are discussed in detail, as is the coherence of this case-law with the Community's political stance on employment.

This book explores the complicated relationship between the EU legal framework for posting of workers and collective labour law. It examines this topic from the perspective of EU law and of international labour law. In doing so, it builds upon a solid interdisciplinary foundation, which looks at sociological and economic aspects of the posting phenomenon, taking also into account issues related to industrial relations. However, the immediate focus of the present book is on the creation and evolution of the said EU legal framework. Hence, it provides an in-depth analysis of the drafting process of the Posting of Workers Directive (96/71) as well as an exhaustive examination of the case law of the Court of Justice of the EU dealing with posting of workers.This evolving legal framework is subsequently considered in its broader context. Two tensions are thus identified. On the one hand, the book investigates the growing conflict between the EU framework for posting of workers and the international protection of social rights. It argues that, as regards the relationship here at stake, the EU is presently violating the standards set by the Council of Europe and by the International Labour Organisation. On the other hand, the book critically considers the impact of the trend towards decentralisation of collective bargaining on the application of collective agreements to posted workers. In particular, it analyses the so-called "New Economic Governance" of the EU, and its role in fostering such a trend. The author outlines the far-reaching implications of the lack of coherence between the action of the EU institutions involved in the "New Economic Governance" and the case law of the Court of Justice dealing with posting of workers.

The primary aim of this book is to help readers understand the development of the theory and practice of labor law in China, and to familiarize them with major advances and remaining challenges in this field. The author also puts forward suggestions on how to improve labor law in China on the basis of an analysis of key problems and comparative study. The book can also serve as a useful guide, allowing HR experts at companies with Chinese employees or doing business in China to better understand Chinese labor law and regulations. It covers a broad range of labor law issues, including the meaning of labor relations, definition of the employee and employer, the duties of employers and employees, anti-discrimination, labor dispatch, minimum wage, termination of labor contracts, work injury insurance, labor inspections and labor dispute resolution.

This revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world, including those in Europe, South Africa, China, Colombia, India and Brazil. This book provides an introduction to theories of equality and sources of equality law, and examines inequality and discrimination based on gender, race, ethnicity, sexual orientation and identity, religion and disability. Key features: Extensive chapter notes add critical context to areas of developing law Analysis of a range of sources: each chapter includes case law, treaty law, statutory law, regulatory law and legal scholarship A comparative problem-based approach, using concrete issues of inequality and discrimination to help students focus on real world concerns Examination of key contested topics such as marriage inequality, the rights of persons with disabilities, affirmative action, reproductive rights, employment discrimination and hate speech A supplementary online course with additional content and guidance for both students and instructors is available through Stanford Law School. Written in a thorough yet accessible style and with contributions from leading international legal scholars, this casebook is ideal for lecture courses, seminars and summer programs in equality and anti-discrimination in law schools, as well as undergraduate courses in law, political science and sociology. Contributors include: D. Allen, P.L. Cherian, D. Collier, J. Damamme, T. Degener, R. Ford, S. Foster, S. Han, K. Loper, S. Misra, D.B. Oppenheimer, M.-C. Pauwels, S. Robin-Olivier, B. Wang, W. Zhou

This book examines the impact of the COVID-19 pandemic on changing labour markets and accelerating digitalisation of the workplace in Central and Eastern Europe. It provides an innovative and enriching take on the work experience from the pandemic times and discusses the challenges of ongoing changes in labour markets and workplaces in a way that is not covered by the extant literature. The impact of the COVID-19 pandemic and digitalisation on labour market outcomes is analysed throughout 12 chapters, by 34 labour market experts from various CEE countries. Most chapters are based on empirical methods yet are presented in an easy-to-follow way to make the book also accessible for a non-scientific audience. The volume addresses the three key goals: to better understand the impact of the COVID-19 pandemic on the adoption of workplace digitalisation in the selected labour markets in CEE countries and the potential trade-offs facing those who do and do not have access to this benefit to complement the labour market research by incorporating the outputs of changing demand for skills to contribute new insight into policies and regulations that govern the future of work The book argues that the recent COVID-19 pandemic was a sombre reminder of the relevance and necessity of digital technology for a variety of sectors and market activities. It concludes that to downside the risks of vanishing jobs, as well as to minimise the threats and maximise the opportunities of digitalisation in CEE countries, labour market partners need to consider an effective governance tool in terms of inclusive access to the digital environment, re-skilling, and balanced regulations of the more problematic facets of digital work. The book will be of interest to postgraduate researchers and academics in the fields of labour economics, regional economics, and macroeconomics. Additionally, due to the broader policy implications of the topic, the book will appeal to policymakers and experts interested in labour economics. The Introduction, Chapters 4 and 12 of this book are freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Undocumented and authorized immigrant laborers, female workers, workers of color, guest workers, and unionized workers together compose an enormous and diverse part of the labor force in America. Labor and employment laws are supposed to protect employees from various workplace threats, such as poor wages, bad working conditions, and unfair dismissal. Yet as members of individual groups with minority status, the rights of many of these individuals are often dictated by other types of law, such as constitutional and immigration laws. Worse still, the groups who fall into these cracks in the legal system often do not have the political power necessary to change the laws for better protection. In Marginal Workers, Ruben J. Garcia demonstrates that when it comes to these marginal workers, the sum of the law is less than its parts, and, despite what appears to be a plethora of applicable statutes, marginal workers are frequently lacking in protection. To ameliorate the status of marginal workers, he argues for a new paradigm in worker protection, one based on human freedom and rights.

This book employs an innovative approach to explore the topic of flexicurity and related changes in the working world, the importance of which for the overall economic and social development is gradually being recognised. It focuses on the changing nature of work and its impact on EU law and national labour and social security laws. Though the transformation of regulatory and institutional frameworks of labour relations follows different patterns in different EU Member States, it is nevertheless a common phenomenon that offers an excellent opportunity for mutual learning experiences and comparing notes on best practices. Taking these ideas as a starting point, the book presents a collection of research on various aspects and implications of changing labour relations in the EU Member States. The opening chapters address the internal market dimension of the transformation of employment relations by investigating how social dumping, integration of migrant workers, and cross-border mergers influence national labour policies and laws. The book further analyses linguistic and terminological challenges in the field of labour law in the EU's multi-lingual legal environment. Subsequent chapters cover various theoretical and practical issues, such as the impact of chain-liability regulatory models on the legal situation of workers in subcontracting networks, and modern work arrangements in the collaborative or 'gig' economy. Other chapters are dedicated to issues of jurisdiction and law applicable to individual employment contracts, as well as alternative resolution mechanisms in labour disputes. The next section offers fresh insights on and a critical overview of the well-known Danish and Dutch models of flexicurity, often cited as role models for reforms of labour markets in other EU Member States. Three individual chapters investigate specific aspects of flexicurity in Croatia, in terms of individual dismissals, life-long learning and the impact of non-standard employment on future pension entitlements. One paper explores temporary agency work in Germany as an important instrument of flexicurity, while another discusses various forms of work used in Slovenia in the context of flexibilization of work relations. Many challenges still lie ahead, and the primary aim of this book is to provide a solid basis for informed future discussions.

Unionizing the Ivory Tower chronicles how a thousand low-paid custodians, cooks, and gardeners succeeded in organizing a union at Cornell University. Al Davidoff, the Cornell student leader who became a custodian and the union's first president, tells the extraordinary story of these ordinary workers with passion, sensitivity, and wit. His memoir reveals how they took on the dominant power in the community, built a strong organization, and waged multiple strikes and campaigns for livable wages and their dignity. Their strategies and tactics were creative and feisty, founded on worker participation and ownership. The union's commitment to fairness, equity, and economic justice also engaged these workers—mostly rural, white, and conservative—at the intersections of racism, sexism, classism, and homophobia. Davidoff's story demonstrates how a fighting union can activate today's working class to oppose antidemocratic and white supremacist forces.

"Modern Communications LaW" provides the most comprehensive and contemporary coverage of communications law available, a subject characterized by rapidly expanding and changing horizons. The book is thorough, informative, and accessible. It is divided into three main sections that respectively consider the media's nature and context, structural governance of the communications industry, and content issues. Lively provides an in-depth study of telephone communications--an area which affects virtually the entire citizenry--as well as print, broadcasting, cable, and other new media.

The book contains several structural innovations calculated to enhance the teaching and learning process. The selection and editing of cases and other primary materials reflect the author's experience with topics that facilitate animated discussion. Additionally, the text is extensively annotated with pinpoint citations which heighten the book's utility for research and reference purposes. A particularly notable feature is the introduction of case summaries preceding all major court opinions. The synopses are intended to familiarize readers with the basic arguments, issues and reasoning so that they derive more meaning from the cases themselves than ever before. The book is well-suited for law school courses and is appropriate for communications law courses in the graduate and undergraduate curricula. Legal practitioners, media industry professionals and government regulators and policy-makers will find "Modern Communications LaW" an essential resource.

Presenting the issues of discrimination in employment in a multifaceted manner, this book examines the standards on anti-discrimination law for employment at international and EU levels and those deriving from national jurisdictions. Bringing together top scholars in the field of anti-discrimination employment law, this book explains the conceptual and theoretical foundations of the principle of non-discrimination in employment and assesses the most significant changes to law and ongoing challenges in the Netherlands, Poland, Germany, the UK, Australia, New Zealand, Canada, India, Switzerland and Israel. Identifying emerging trends in anti-discrimination employment law, this book offers a comparative, problem-solving approach and an in-depth analysis of new developments in both anti-discrimination statutory law and case law. Addressing employment law with a focus on anti-discrimination law and human rights law, this book will be essential reading for students, academics and practitioners working in the fields of labour and employment law, anti-discrimination law and human rights law and offers an international comparative overview of the most up-to-date issues relating to discrimination.

Living Law: Employment Law is about more than simply learning the legal principles. It's packed with innovative and interactive activities that will improve your understanding of the law and strengthen your legal writing, problem solving and research skills. It will help you see how employment law works in the real world, strengthen your legal skills, and show you how to apply your knowledge to problem scenarios.

This book provides a set of proposals for how best to guarantee effective enforcement of labour rights worldwide. The linkage between labour standards and global trade has been recurrent for some 200 years. At a time when the world is struggling to find a way out of crisis and is striving for economic growth, more than ever there is a need for up-to-date research on how to protect and promote labour rights in the global economy. This book explores the history of the field and also provides an overview of emerging trends and opportunities. It discusses the most recent problems including: the effectiveness and the role of the International Labour Organization (ILO) in the second century of its existence, the World Trade Organization (WTO) and its potential relevance in the protection of labour rights, the effectiveness of the US and the EU Generalised System of Preferences, the impact of corporate social responsibility (CSR) instruments on labour rights, and labour provisions in the international trade agreements concluded by the US and the EU. The book argues, inter alia, that trade agreements seem to be a useful tool to help pave the way out of the crisis and that the United States-Mexico-Canada Agreement (USMCA) can be perceived as a model agreement and a symbol of a shift in perspective from long global supply chains to a focus on regional ones, local production, jobs and a rise in wages. The book will be essential reading for academics and students in the fields of human rights law, international labour law, industrial relations law, international sustainable development law, international economic law and international trade law. It will also be of interest to practitioners, non-government organisations (NGOs) and policy makers.

This is a theoretical discussion and internal critique of mainstream law and economics scholarship, especially as it approaches the issue of paternalism. Cserne discusses how, and to what extent, economic analysis can explain and/or justify the limitations on freedom of contract, with special emphasis on paternalism.