In 2002 the International Labour Organization issued a report titled 'Decent work and the informal economy' in which it stressed the need to ensure appropriate employment and income, rights at work, and effective social protection in informal economic activities. Such a call by the ILO is urgent in the context of countries such as India, where the majority of workers are engaged in informal economic activities, and where expansion of informal economic activities is coupled with deteriorating working conditions and living standards. This book explores the informal economic activity of India as a case study to examine typical requirements in the work-lives of informal workers, and to develop a means to institutionalise the promotion of these requirements through labour law. Drawing upon Amartya Sen's theoretical outlook, the book considers whether a capability approach to human development may be able to promote recognition and work-life conditions of a specific category of informal workers in India by integrating specific informal workers within a social dialogue framework along with a range of other social partners including state and non-state institutions. While examining the viability of a human development based labour law in an Indian context, the book also indicates how the proposals put forth in the book may be relevant for informal workers in other developing countries. This research monograph will be of great interest to scholars of labour law, informal work and workers, law and development, social justice, and labour studies.

Whether you re new to higher education, coming to legal study for the first time or just wondering what Employment Law is all about, Beginning Employment Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Employment Law module with confidence.

Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary, James Marson breaks the subject of Employment Law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence.

Beginning Employment Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes."

Whether you're new to higher education, coming to legal study for the first time or just wondering what Employment Law is all about, Beginning Employment Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Employment Law module with confidence. Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary, James Marson breaks the subject of Employment Law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence. Beginning Employment Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.

This book examines how the law has limitations to the extent that it can combat repression, isolation, and inequality. The main point the book explores is that isolation and inequality cannot be solved by driving up wages and having better working conditions. The true divide between management and workers is the inability of management to see the workers as people, and not just numbers. "The Swiss novelist Max Frisch remarked at the time, 'We imported workers and got men instead.'" This encapsulates the dilemma of management - how to distance one's self enough from workers to command respect yet not too distant as to be seen as inhumane. How can isolation and inequality within the workplace be overcome? Regulation and Inequality at Work shows how workers can have an increased voice by using tools outside of the typical legal ones. Without state protection, the rights can be viewed as less stringent. Working outside the system allows for greater malleability and flexibility to be able to cater to individual workers in individual workplaces. Workers' rights are about better working conditions, hourly wages, and benefits, but are also about being treated in a more civilized manner where one's humanity is recognized. Only through all of these parts working together will a true version of workers' rights emerge-one where workers are not viewed as mere tools but within and of the system itself. It shows the latest state of knowledge on the topic and will be of interest both to students at an advanced level, academics and reflective practitioners in the fields of business and company law, labour law, and employment law.

This book addresses women's rights to work and motherhood in Libya from a legal and international human rights perspective. In an attempt to solve the problem posed by the perception that there is an unsolvable conflict between the right of women to work and their right to motherhood, the author considers how these two sets of rights, as protected under international human rights law, can and should be recognised and promoted within the Libyan legal system. Including first-hand accounts of experiences of Libyan women, the study voices their struggle for their rights as guaranteed by domestic law, international conventions and Islam. Providing a rare insight into a region striving to find its new identity, the author assesses the adequacy of existing Libyan laws and, where warranted, offers proposals for legislative amendments to Libyan policy makers and its new Parliament at such a crucial time in the nation's history.

From Chernobyl to Fukushima, have we come full circle, where formalisation has replaced ambiguity and a decadent style of management, to the point where it is becoming counter-productive? Safety culture is a contested concept and a complex phenomenon, which has been much debated in recent years. In some high-risk activities, like the operating of nuclear power plants, transparency, traceability and standardisation have become synonymous with issues of quality. Meanwhile, the experience-based knowledge that forms the basis of manuals and instructions is liable to decline. In the long-term, arguably, it is the cultural changes and its adverse impacts on co-operation, skill and ability of judgement that will pose the greater risks to the safety of nuclear plants and other high-risk facilities. Johan Berglund examines the background leading up to the Fukushima Daiichi accident in 2011 and highlights the function of practical proficiency in the quality and safety of high-risk activities. The accumulation of skill represents a more indirect and long-term approach to quality, oriented not towards short-term gains but (towards) delayed gratification. Risk management and quality professionals and academics will be interested in the links between skill, quality and safety-critical work as well as those interested in a unique insight into Japanese culture and working life as well as fresh perspectives on safety culture.

This book analyses the impact that stabilization clauses have on the development of human rights and gender laws in resource rich nations. Given the fact that stabilization clauses freeze the law for as long as the contract subsists there has been debate on the negative impact stabilization clauses have on the progressive development of human rights in the host State. Firstly, the book examines the mechanisms investors utilise in protecting themselves from host State prerogatives. It then explores the theoretical basis on which stabilization clauses are applied and upheld by arbitral tribunals, and assesses how they can be drafted in a way that protects human rights, particularly in relation to gender discrimination, without forcing the resource rich nations to lose momentum in attracting foreign direct investment. Using Zambia and the Gender Equity and Equality Act of 2015 as a case study, the book explores the compatibility of the legislation with the stabilization clauses contained in the country's Development Agreements. The book will be of interest to practitioners, scholars and students of international investment law, human rights law and contract law.

The discovery of mistakes in pension scheme documents is as common as it is potentially serious for the administration of the scheme and for the sponsoring employer. The large sums invested in pension schemes mean that such mistakes are often very costly indeed. This book provides a practical guide to the different methods available to correct commonly-occurring mistakes in the governing provisions of pension schemes. It combines a detailed review of the law with (where relevant) practical tips, including analysis of the appropriate practice and procedure involved in the key methods of correction. With a significant body of case law enabling more authoritative answers to be given to the legal issues affecting the correction of pension scheme mistakes, and more and more mistakes being discovered because of the move to secure pension scheme liabilities with insurance companies, trustees and employers need swift and accurate legal advice on what they can do to correct such mistakes. This book provides them and their legal advisers with that advice ensuring they do not make the same costly mistakes that others have made. This book will help the reader to: * To select the most appropriate method of correcting the mistake * Consider including provisions in the terms of the pension scheme which may make the correction of the mistake easier and cheaper * Select the most tax-efficient way of correcting the mistake * Understand the processes involved in correcting the mistake * Better advise their clients as to how to deal with the mistake

China s economic reforms have brought the country both major international clout and widespread domestic prosperity. At the same time, the reforms have led to significant social upheaval, particularly manifest in labour relations. Each year, several thousand disputes break out over working conditions, many of them violent, and the Chinese state has responded with both legal and political strategies.

This book investigates how Chinese governments have used law, and other forms of regulation, to govern working conditions and combat labour disputes. Starting from the early years of the Republican period, the book traces the evolution of the law of work in modern China right up to the reforms of the present day. It considers the structure of Chinese work law, drawing on both Chinese and Western scholarship to provide new insights into its unique features and assess where the law is innovative and where it is stagnant and unresponsive. The authors explore the various legal and extra-legal techniques successive Chinese governments have adopted to enforce work law and the responses of firms, workers and organizations to these practices.

Since the financial crisis, one of the key priorities of the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) has been individual accountability. This book addresses the regulatory and employment law challenges that arise from the FCA's and PRA's requirements. The expert team of writers examine in depth the provisions of the Financial Services and Markets Act 2000 which relate to individuals, and the associated requirements of the PRA and FCA. The topics addressed include: The Senior Manager, Certification and Approved Person Regimes Regulatory references and whistleblowing Disciplinary investigations, enforcement and sanctions Notifications, 'Form C', and fitness & propriety Bonus disputes and the Remuneration Code Conduct and Pay in the Financial Services Industry considers the full extent of an individual's employment, from pre-contractual discussions to the post-termination clawback of remuneration. It is a vital reference for lawyers and human resources professionals working within the financial services industry, both in-house and in private practice. It will also be of interest to all academics, regulators and policy-makers involved in this sector.

In recent years new or experimental approaches to governance in the EU, namely the Open Method of Coordination (OMC), have attracted great interest and controversy. This book examines the European Employment Strategy (EES) and its implementation through the OMC, exploring the promises and limitations of the EES for EU social law and policy and for the safeguard of social rights. This significant and timely work offers new insights and fresh perspectives into the operation of New Governance and its relationship with both European and national law and constitutionalism. This book will be of great interest to academics, researchers and postgraduate students working in European law - specifically in the field of EU employment law and gender equality - and European governance studies in general.

This book examines countries that have tried, with varying degrees of success, to use legislative strategies to encourage and support collective bargaining, including Australia s Fair Work Act. It is the first major study of the operation and impact of the new collective bargaining framework introduced under the Fair Work Act, combining theoretical and practical perspectives. In addition, a number of comparative pieces provide rich insights into the Australian legislation s adaptation of concepts from overseas collective bargaining systems including good faith bargaining, and majority employee support as the basis for establishing bargaining rights. Contributors to this volume are all leading labor law, industrial relations, and human resource management scholars from Australia, and from Britain, Canada, New Zealand and the United States.

How Journalism Uses History examines the various ways in which journalism uses history and historical sources in order to better understand the relationships between journalists, historians and journalism scholars. It highlights the ambiguous overlap between the role of the historian and that of the journalist, and underlines that there no longer seems to be reason to accept that one begins only where the other ends. With Journalism Studies as a developing subject area throughout the world, journalism history is becoming a particularly vivacious field. As such, How Journalism Uses History argues that, if historical study of this kind is to achieve its full potential, there needs to be a fuller and more consistent engagement with other academics studying the past: political, social and cultural historians in particular, but also scholars working in politics, sociology, literature and linguistics. Contributors in this book discuss the core themes which inform history's relationship with journalism from a wide range of geographical and methodological perspectives. They aim to create more ambitious conversations about using journalism both as a source for understanding the past, and for clarifying ideas about its role as constituent of the public sphere in using discourse and tradition to connect contemporary audiences with history. This book was originally published as a special issue of Journalism Practice.

A Short Guide to Equality Risk analyses the concepts, theories, and issues associated with the implementation in organisations and the service environment of an Equality, Diversity, and Discrimination (EDD) Agenda. Whether from a business, political, social, legal or medical view, the risks of failure of EDD compliance are escalating, be it in terms of cost, the possibility of damage to reputation, or the potential for loss of government or public sector contracts. Using the insights and specialised medico-legal knowledge he has acquired in the course of successfully defending his own rights, Tony Morden examines the subject from leadership, governance, management, opportunity, and performance-oriented perspectives. By using case studies and drawing on a growing body of international experience, the author analyses components of an EDD Agenda: equality, diversity, opportunity, and discrimination; and examines issues and dilemmas associated with implementing such an agenda. He offers a strategic and performance-oriented overview of the issues of leadership, prioritisation, management process, managing architectures, and the application of performance and risk management concepts. Written from a scholarly perspective, but in a practitioner-oriented and reader-friendly manner, this addition to the series of short guides to business risk provides a credible, strategic, and implementation-based overview of what is becoming a critically important, politically sensitive, and high risk subject.

Safety professionals communicate, directly and indirectly with a large number of employees and others on a daily basis. While not lawyers, they regularly deal with legal issues. A subset of their responsibilities includes how to discuss safety without crossing the discriminatory line. To do this, they need an understanding of discrimination laws. Discrimination Law Issues for the Safety Professional gives them exactly that. It provides general knowledge of the laws and regulations that offer protection to employees and individuals against discrimination in the workplace.

Created by safety expert Thomas Schneid, specifically for safety professionals, the book takes a proactive approach to identifying situations where potential discrimination against an employee or individual may occur, and supplies guidance on how to take immediate action to address the potential discriminatory situation. Schneid also identifies "red flag" situations where potential discrimination against an employee or individual may surface and safety professionals should proceed with caution. Once they can recognize these red flags, they can take immediate action to address the potential discriminatory situation.

Although many texts address discrimination in the workplace, very few, if any, educate individuals and employers on how to prevent" "acts and omissions in the workplace that can result in discrimination from a safety perspective. With the multitude of laws and regulations addressing the prohibition of discrimination in the workplace, often legal actions result from individuals and employers simply not being knowledgeable in the requirements of the law. Written in clear, plain language, not legalese or business speak, this book delineates the procedures that safety professionals need to know in the area of labor, employment, and other laws impacting the safety function.

This book examines how businesses manage their labour systems, and particularly how they manage the complex interaction of factors which give rise to instances of 'partnership' style relations between businesses and their employees. The book draws from the literature concerning 'Varieties of Capitalism' (VoC) and the different institutional and regulatory designs inherent in different types of political economy. The book is informed by a new and extensive set of empirical data from Australia that examines the activities of national and multinational business corporations, their outlooks and relationships with stakeholders, and relates these to new and evolving theoretical frameworks based in political economy and law. The book places the Australian regulatory model within this international debate, and assesses the extent to which the system does or does not fit into the general categorisation created in the VoC literature.

China's labor landscape is changing, and it is transforming the global economy in ways that we cannot afford to ignore. Once-silent workers have found their voice, organizing momentous protests, such as the 2010 Honda strikes, and demanding a better deal. China's leaders have responded not only with repression but with reforms. Are China's workers on the verge of a breakthrough in industrial relations and labor law reminiscent of the American New Deal? In A New Deal for China's Workers? Cynthia Estlund views this changing landscape through the comparative lens of America's twentieth-century experience with industrial unrest. China's leaders hope to replicate the widely shared prosperity, political legitimacy, and stability that flowed from America's New Deal, but they are irrevocably opposed to the independent trade unions and mass mobilization that were central to bringing it about. Estlund argues that the specter of an independent labor movement, seen as an existential threat to China's one-party regime, is both driving and constraining every facet of its response to restless workers. China's leaders draw on an increasingly sophisticated toolkit in their effort to contain worker activism. The result is a surprising mix of repression and concession, confrontation and cooptation, flaws and functionality, rigidity and pragmatism. If China's laborers achieve a New Deal, it will be a New Deal with Chinese characteristics, very unlike what workers in the West achieved in the last century. Estlund's sharp observations and crisp comparative analysis make China's labor unrest and reform legible to Western readers.

Workplace bullying is a severe and pervasive problem around the globe and in particular in the United States where no meaningful steps have been taken to address this problem. This book will help readers to understand and to define workplace bullying to be able to prevent, detect, remedy and eliminate workplace bullying. Readers will gain an understanding of the forms, causes and effects of workplace bullying. Readers will also be able to understand the current gaps in U.S. law and become familiar with more effective international laws to address workplace bullying. Finally, the reader will be presented with the potential paths to put an end to workplace bullying in their own workplace and in workplaces across the globe.

Key Facts is the essential revision series for anyone studying law. This informative third edition of Employment Law provides the simplest and most effective way for you to absorb and retain the essential facts associated with this specific area of law.
Key features include:
*Diagrams at the start of chapters to summarize key points
*Structured heading levels to allow for clear recall of the main facts
*Charts and tables to break down more complex information
An improved text design makes this volume even easier to read and the facts even simpler to retain.

This title was first published in 2000: The contributions to this volume have been brought together and edited from presentations made to a two-day seminar held in Brussels with the financial and organisational support of the social affairs directorate of the European Commission on 15th and 16th May 1995. That seminar provided an important first opportunity, following accession to membership of the European Community by Finland and Sweden, for representatives of the Commission to discuss with delegates from all of the significant labour market organisations throughout the Nordic countries some of the challenges and fears raised by the superimposition of a European-level framework upon the fabled social structures of those Nordic countries.

Drawing on biographical interviews collected from individuals with either mobility or visual impairments in France, this book analyzes the reception of disability policies in the fields of education, employment, social rights and accessibility. It demonstrates that the rights associated with disability suffer from major implementation flaws, while shedding light on the very active role of disabled citizens in the realization of their rights.

In recent years new or experimental approaches to governance in the EU, namely the Open Method of Coordination (OMC), have attracted great interest and controversy. This book examines the European Employment Strategy (EES) and its implementation through the OMC, exploring the promises and limitations of the EES for EU social law and policy and for the safeguard of social rights. This significant and timely work offers new insights and fresh perspectives into the operation of New Governance and its relationship with both European and national law and constitutionalism.

This book will be of great interest to academics, researchers and postgraduate students working in European law a " specifically in the field of EU employment law and gender equality a " and European governance studies in general.

This title was first published in 2002.This book offers an intriguing examination of the law concerning liability for psychiatric injury suffered by employees in the workplace. Included among these are employees confronting the risk of death or injury in the course of their normal employment, such as police or fire-fighters, those confronting death or injury out of their ordinary course of employment, such as accidents at work, and those possibly exposed to health-threatening circumstances, such as dust in the workplace. Also considered are employees who suffer mental health problems resulting from environmental factors, such as bullying, overwork and disciplinary measures. The amount of damages recovered in such actions can be substantial and this book examines the extent of the employer's liability, as well as providing a psychiatric medicine perspective and a detailed analysis of the current state of the law in England, Wales and Australia.

Packed with a wealth of case law and legislation, this book will enable you to fully understand the intricacies of this fast-changing subject with ease. With features such as chapter summaries and further reading suggestions, Employment Law is well-suited to support you in your studies. The ninth edition has been fully updated to include coverage of the latest legislative and case law developments, including: issues around shared parental leave; the national living wage; legal developments in the area of non-standard work. Offering comprehensive coverage of all the key aspects of individual and collective employment law in a clear and accessible way, Employment Law is ideal for both LLB and HRM students.

This book analyses novel and important issues relating to the emergence of new forms of work resulting from the introduction of disruptive technologies in the enterprises and the labour market, especially platform work. The first part of the book examines the platform economy and labour market, to address the more general challenges that the recent labour platforms pose for employment and the labour market, while the second part of the book considers the implications of the rise of different ways of work in the enterprises due to the incorporation of technology in a global context. Providing a rich analysis and evaluation of the numerous theoretical and practical regulatory problems arising from constantly developing technology, this book makes important and informed suggestions on how to solve the numerous problems which have arisen. The collection of chapters in this volume are varied and are dealt with from different disciplinary angles, and from a diverse range of countries and legal systems to create an interesting and unique global picture on the topics studied therein. With an international perspective, the book will be of interest to students and scholars of economy and technology law.