This indispensable guide to employment tribunals has been completely updated and revised. It provides detailed coverage of the legal and procedural issues involved in bringing a case to an employment tribunal both from the claimant and respondent perspective.The third edition includes: - the repeal of the statutory dispute resolution procedures in 2009 - the replacement of the 2004 Rules with the 2013 Rules - the discontinuance of fees as a result of the Supreme Court decision in R (on the application of Unison) v Lord Chancellor [2017] UKSC 51 - the introduction of ACAS Early Conciliation - the increased use of Presidential Guidance and Practice Directions. This guide is ideal for use in tribunals and includes: - a model case that runs throughout the book, illustrating and clarifying the points made - chapters devoted to the different stages of a tribunal case from both claimant and respondent perspectives and checklists to assist in preparation and promote good practice - appendices setting out the most frequently used tribunal precedents and guidance.

The Fifth Edition of this established and handy guide to the Rules of the CCMA (including the 2018 amendments) includes the CCMA’s Guidelines on Misconduct Arbitrations, as well as a useful Practical Guide for an Unfair Dismissal Claim in the CCMA.

It includes a useful Practical Guide for an Unfair Dismissal Claim in the CCMA.

This publication is both a legal text for practitioners, with reference to legal precedents, and a handbook for the person in the street who wants to use the CCMA. It is published in a pocket-size for quick reference and easy use in CCMA hearings.

Migrant workers around the world are subject to exploitative labor practices that give employers extraordinary bargaining power. This book brings together researchers, practitioners, and advocates who explore the many ways that contracted migrant workers are rendered vulnerable in the workplace. In this book, the term '21st-century coolie' is deployed as a heuristic device that foregrounds the deeply unequal structures shaping the transnational flows of short-term, migrant workers. The term 'coolie' harkens back to the labor arrangements of earlier centuries that involved conscripted labor, indentured servitude, and contract labor across national borders. Like those of past centuries, today's 'coolies' are subject to legal constraints inside and outside the employment relationship that force them into subjugated positions within the workplace. The chapters of this anthology situate contemporary global migration regimes in histories of colonization, uncover their racialized as well as gendered nature, and examine the role of nation-states in perpetuating conditions of extreme exploitation. The permeability, mutability, and durability of racial capitalism is revealed through an interdisciplinary and practice-oriented lens. Law and social science students in graduate courses on migration, labor, employment, employment discrimination, and race and the law will gain a deeper understanding of the issues facing migrant workers today, as will students in humanities, performance studies, narrative studies, and communication studies.

This unique book offers a comprehensive systematization and overview of the EUs emerging 'acquis' and practice of Collective Labour Law. Although the core aspects of Collective Labour Law lie outside the EU's competence to regulate, the laws and industrial relations systems of Member States are undoubtedly influenced by the EU, and the involvement of Social Partners, i.e. representatives of employers and workers, is essential for many aspects of EU law and policy. Featuring contributions from scholars and practitioners from across Europe, the first part of the book provides an introduction to key aspects, theories and topics of EU Collective Labour Law, including discussion of relevant EU law and case law of the Court of Justice of the EU. Chapters then move on to analyse and reflect on the most fundamental and challenging subtopics, questions and issues in this area, engaging with current debates and potential future developments. Respecting differences in views, approaches, and evaluations, it offers a variety of perspectives on the relationship between Collective Labour Law and the EU. Scholars and students of EU and labour law will find this book an essential resource. Its critical examination of contemporary and future issues will also prove useful for practitioners, social partners and policymakers across the EU.

Presenting the evolution of supplementary pensions over the past 25 years, this comprehensive book introduces the origin of pensions as a concept and explores the role that international organisations play within the field. It draws comparisons between different welfare states, reflecting upon current research and identifying new directions and ideas. Despite observing significant differences in the approaches to pension design, the book identifies common challenges, including the need to provide for an increasingly aging population, slow economic growth following the 2008 global financial crisis, the need for effective regulation, and increased labour market flexibility. Leading scholars analyse the experiences of a broad range of countries and offer insights into their responses to the numerous challenges faced by national pension systems. The book covers significant moments in pensions history following the World Bank's 1994 report on Averting the Old Age Crisis, and subsequent responses to challenges posed by longevity and economic crises. This book will be an ideal companion for academic researchers and financial law scholars interested in pensions and looking to develop an international perspective on the issue, as well as professionals in the pensions industry who are engaging with other countries and looking to develop their knowledge of overseas pension systems.

Searching for paid tasks via digital labour platforms, such as Uber, Deliveroo and Fiverr, has become a global phenomenon and the regular source of income for millions of people. In the advent of digital labour platforms, this insightful book sheds new light on familiar questions about tensions between competition and cooperation, short-term gains and long-term success, and private benefits and public costs. Drawing on a wealth of knowledge from a range of disciplines, including law, management, psychology, economics, sociology and geography, it pieces together a nuanced picture of the societal challenges posed by the platform economy. Chapters present a comprehensive, multidisciplinary overview of the rise of gig work, reflecting on long-term developments in the gig economy and incorporating contemporary developments into the rich theoretical and empirical literature on the topic. Charting new research territory, the book addresses key academic and policy challenges, arming readers with relevant analytical tools and practical solutions to face common problems. This book comprises a key reference for future research on the topic as well as critical policy measures for addressing challenges relating to gig work. Offering an integrated outline of the latest insights, this book is crucial reading for scholars and researchers of the platform economy and gig work, outlining academic insights and empirical research, and illustrating a research agenda for future scholarship. The book's comprehensive approach will also benefit policy-makers, managers and workers as they confront the platform economy's wide variety of legal, economic and management challenges.

This comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law. Leading academic experts examine the most crucial building blocks of the regulation of employee IP, such as authorship, inventorship and creatorship, as well as individual, corporate and collective works. Chapters focus on US and European law, but also offer insights from Chinese, Japanese and Korean law. The Research Handbook also tackles new and developing global challenges in the field, including labour mobility, trade secrets, non-compete clauses, university employees, cross-border business matters, and choice of law issues. Scholars and students in both IP and labour law, and particularly those working at the intersection of these fields, will find this Research Handbook invaluable. It will also provide important insights for legislators, business practitioners and university management.

This groundbreaking book examines the growing phenomenon of internships, and the policy issues that they raise, during a time when internships or traineeships have become an important way of transitioning from education into paid work. Featuring contributions from established and emerging scholars in a range of disciplines, the book presents important new research on the use, benefits and regulation of such arrangements. It considers how various countries around the world are meeting the challenge of ensuring decent work for interns, and what more needs to be done to realise that objective. Additionally, the case for new forms of regulation to minimise or prevent the exploitation of interns is explored, against the background of a possible new international labour standard. Presenting new data and analysis on whether internships can - and to what extent do - provide an effective bridge from education to employment, Internships, Employability and the Search for Decent Work Experience will be a key resource for policy-makers and academics in labour law, industrial relations, labour economics, human resource management and education.

This book provides the first comprehensive analysis of the international law regime of jurisdictional immunities in employment matters. Three main arguments lie at its heart. Firstly, this study challenges the widely held belief that international immunity law requires staff disputes to be subject to blanket or quasi-absolute immunity from jurisdiction. Secondly, it argues that it is possible to identify well-defined standards of limited immunity to be applied in the context of employment litigation against foreign states, international organizations and diplomatic and consular agents. Thirdly, it maintains that the interaction between the applicable immunity rules and international human rights law gives rise to a legal regime that can provide adequate protection to the rights of employees. A much-needed study into an under-researched field of international and employment law.

Historical Studies in Industrial Relations was established in 1996 by the Centre for Industrial Relations, Keele University, to provide an outlet for, and to stimulate an interest in, historical work in the field of industrial relations and the history of industrial relations thought. Content broadly covers the employment relationship and economic, social and political factors surrounding it - such as labour markets, union and employer policies and organization, the law, and gender and ethnicity. Articles with an explicit political dimension, particularly recognising divisions within the working class and within workers' organizations, will be encouraged, as will historical work on labour law.

Over recent years, the inability of social security protection to reach workers without a formal employment contract has become an inconvenient reality in both the global north and south. This book explores how provisions for income security can be revised to effectively meet the needs of the labour force in varying economies. In developing economies, informal employment has traditionally accounted for a high proportion of overall employment and this trend looks set to continue. In the global north, the increasing use of flex-contracts and 'dependent self-employment' has led to a rise in the number of workers with limited income protection. An additional challenge for countries in both hemispheres is the rise of the 'gig' economy. This book is the first to open up a dialogue about social security coverage in the developed and developing world. Authors from both sides of the divide have contributed chapters and present a variety of insights, experiments and practices with the aim of identifying better ways to combat the growing social security challenge. Academic researchers with an interest in labour law and social policy will find this book to be an engaging source of innovative research. Practicing lawyers and policy makers will also benefit from the insights and examples provided from a number of different jurisdictions. ntributors include: C. Barnard, A. Blackham, E. Fourie, A. Govindjee, T. Gyulavari, D. Hofmeyr, L. Jianfei, A. Johansson Westregard, L. Lamarche, J. Li, J. Masabo, M. Olivier, P.A. Ortiz, A. Paz-Fuchs, M. Westerveld, M. Wynn

Workers, Collectivism and the Law offers a captivating historical account of worker democracy, from its beginnings in European guild systems to present-day labor unions, across the national legal systems of Germany, Sweden, the United Kingdom and the United States. Analysing these legal systems in light of a Habermasian concept of participatory democracy, Laura Carlson identifies ways to strengthen individual employee voice in claims against employers. Carlson highlights how employee voice and democracy, both collective and individual, assume different guises in each of these four labor law models. By tracing voice and democracy as components in the history of collective worker organizations, from guilds to journeymen associations to modern labor unions, Carlson demonstrates how history has shaped today's national labor law models. In the context of modern labor law's central focus on human rights, Carlson articulates the need for stronger legal defence of mechanisms of transparency and procedural due process, to enhance voice and democracy for union members in invoking rights and asserting protections for workers. This insightful book is indispensable reading for labor law academics and for those practicing in employment law, while those interested in the history of labor law will revel in its penetrating survey of the materials.

The editors' substantive introduction and the specially commissioned chapters in this Handbook explore the emergence of transnational labour law and its contested contours by juxtaposing the expansion of traditional legal methods with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international (ILO, IMF, OECD) and regional (EU, IACHR, SADC) institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law's capacity to build hard and soft law bridges to migration, climate change and development. The volume roots transnational labour law in a counter-hegemonic struggle for social justice. Bringing together the scholarship of 41 experts from around the globe, this book encompasses and goes beyond the role of international and regional organizations in relation to labour standards and their enforcement, providing new insights into debates around freedom of association, equality and the elimination of forced labour and child labour. By including the influence of consumers in supply chains alongside the more traditional actors in this field such as trade unions, it combines a range of perspectives both theoretical and contextual. Several chapters interrogate whether transnational labour law can challenge domestic labour law's traditional exclusions through expansive approaches to equality. The volume moves beyond WTO linkage debates of the past to consider emerging developments toward social regionalism. Several chapters explore and challenge public and private international aspects of transnational labour law, revealing some fragmentation alongside dynamic experimentation and normative settling. The book argues that 'social justice' is at least as important to the project of transnational labour law today as it was to the establishment of international labour law. Academics, students and practitioners in the fields of labour law, international law, human rights, political science, transnational studies, and corporate social responsibility, will benefit from this critical resource, given the book s eye-opening examination of labour governance in the contemporary economy. Contributors: Z. Adams, P.C. Albertson, J. Allain, R.-M.B. Antoine, A. Asante, P.H. Bamu, M. Barenberg, J.R. Bellace, G. Bensusan, A. Blackett, L. Boisson de Chazournes, S. Charnovitz, B. Chigara, K. Claussen, L. Compa, S. Cooney, S. Deakin, J.M. Diller, D.J. Doorey, R.-C. Drouin, P.M. Dumas, F.C. Ebert, C. Estlund, A. van Hoek, J. Hunt, K. Kolben, C. La Hovary, B. Langille, J. Lopez Lopez, I. Martin, F. Maupain, F. Milman-Sivan, R.S. Mudarikwa, A. Nononsi, T. Novitz, C. Sheppard, A.A. Smith, A. Suktahnkar, J.-M.Thouvenin, A. Trebilcock, R.Zimmer

This book shows how to design labour rights to effectively protect digital platform workers, organise accountability on digital work platforms, and guarantee workers' collective representation and action. It acknowledges that digital work platforms entail enormous risks for workers, and at the same time it reveals the extent to which labour law is in need of reconstruction. The book focusses on the conceptual links - often overlooked in the past - between labour law's categories and its regulatory approaches. By explaining and analysing the wealth of approaches that deconstruct and reconceptualise labour law, the book uncovers the organisational ideas that permeate labour law's categories as well as its policy approaches in a variety of jurisdictions. These ideas reveal a lack of fit between labour law's traditional concepts and digital platform work: digital work platforms rarely behave like hierarchical organisations; instead, they more often function as market organisers. The book provides a fresh perspective for international academic and policy debates on the regulation of digital work platforms, as well as on the purposes and foundations of labour law. It offers a way out of the impasse the debate around labour law classification has reached, by showing what labour law could learn from digital law approaches to platforms - and vice versa.

Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Analysing why certain human rights are deemed fundamental and how they apply in the context of work, this expansive Research Handbook highlights the gulf between the ideal applications of these rights universally, and the increasing reality in the new economy that these are rarely enforceable for employees in alternative forms of employment. Established and emerging scholars provide perspectives from countries across all continents, identifying issues of prominence in their area of the globe. Probing workers' rights and business obligations, the Research Handbook on Labour, Business and Human Rights Law will be imperative reading for scholars and students working within the fields of labour law, human rights, and business ethics. This timely Research Handbook will also appeal to lawyers, trade union officials and government affairs staff, broadening their understanding of the laws and obligations impacting their positions.

Applying a comparative analysis on law and practices, combined with extensive data, this book considers the legal consequences for public servants who make unauthorised disclosures of official information and the protections available for whistleblowers. The author provides an in-depth treatment of the law of unauthorised disclosures in the UK to explore the protections available and discusses the theoretical and legal justifications for the making of disclosures, as well as the arguments for maintaining official secrecy. The book discusses the legal consequences of leaking information and a full assessment of the authorised alternatives, providing recommendations for reform throughout. This book will be of interest to academics working on whistleblowing, as well as their students. The various recommendations provided in the book will be of use to whistleblowing NGOs, policymakers and Members of Parliament.

Policing Sex in the Sunflower State: The Story of the Kansas State Industrial Farm for Women is the history of how, over a span of two decades, the state of Kansas detained over 5,000 women for no other crime than having a venereal disease. In 1917, the Kansas legislature passed Chapter 205, a law that gave the state Board of Health broad powers to quarantine people for disease. State authorities quickly began enforcing Chapter 205 to control the spread of venereal disease among soldiers preparing to fight in World War I. Though Chapter 205 was officially gender-neutral, it was primarily enforced against women; this gendered enforcement became even more dramatic as Chapter 205 transitioned from a wartime emergency measure to a peacetime public health strategy. Women were quarantined alongside regular female prisoners at the Kansas State Industrial Farm for Women (the Farm). Women detained under Chapter 205 constituted 71 percent of the total inmate population between 1918 and 1942. Their confinement at the Farm was indefinite, with doctors and superintendents deciding when they were physically and morally cured enough to reenter society; in practice, women detained under Chapter 205 spent an average of four months at the Farm. While at the Farm, inmates received treatment for their diseases and were subjected to a plan of moral reform that focused on the value of hard work and the inculcation of middle-class norms for proper feminine behavior. Nicole Perry's research reveals fresh insights into histories of women, sexuality, and programs of public health and social control. Underlying each of these are the prevailing ideas and practices of respectability, in some cases culturally encoded, in others legislated, enforced, and institutionalized. Perry recovers the voices of the different groups of women involved with the Farm: the activist women who lobbied to create the Farm, the professional women who worked there, and the incarcerated women whose bodies came under the control of the state. Policing Sex in the Sunflower State offers an incisive and timely critique of a failed public health policy that was based on perceptions of gender, race, class, and respectability rather than a reasoned response to the social problem at hand.

Economic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This book assembles a team of experts from many countries that draw on a rich variety of comparative methods to capture changes and emerging trends across nations and regions. The chapters in this Research Handbook mingle subjects of long-standing comparative concern with matters that have pressed to the fore in recent years. Subjects like 'soft law' and emerging geographic zones are placed in a new light and their burgeoning significance explored. Thematic and regional comparisons capture the challenges of a globally comparative perspective on labor law. The fresh and thoughtful comparative analysis in this Handbook makes it a critical resource for scholars and students of labor law. Contributors: K. Banks, A. Bogg, S. Bonfanti, S. Butterworth, S. Cooney, L. Corazza, N. Countouris, G. Davidov, D. du Toit, K.D. Ewing, M. Finkin, R. Fragale, M. Freedland, N. Garoupa, S. Giubboni, F. Hendrickx, J. Howe, A. Hyde, E. Kovacs, R. Krause, N. Lyutov, E. Menegatti, L. Mitrus, G. Mundlak, R. Nunin, M. Pittard, O. Razzolini, K. Rittich, R. Ronnie, E. Sanchez, K. Sankaran, M. Schlachter, A. Seifert, A. Stewart, H. Takeuchi-Okuno, A. Topo