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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Employment & labour law
Getting By offers an integrated, critical account of the federal laws and programs that most directly affect poor and low-income people in the United States-the unemployed, the underemployed, and the low-wage employed, whether working in or outside the home. The central aim is to provide a resource for individuals and groups trying to access benefits, secure rights and protections, and mobilize for economic justice. The topics covered include cash assistance, employment and labor rights, food assistance, health care, education, consumer and banking law, housing assistance, rights in public places, access to justice, and voting rights. This comprehensive volume is appropriate for law school and undergraduate courses, and is a vital resource for policy makers, journalists, and others interested in social welfare policy in the United States.
At the beginning of the twenty-first century the term 'privacy' gained new prominence around the world, but in the legal arena it is still a concept in 'disarray'. Enclosing it within legal frameworks seems to be a particularly difficult task in the employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different from those taking place in other areas of modern society. This book suggests that these problems can only be addressed by the development of a holistic approach to its protection, an approach that addresses the issue of not only contemporary regulation but also the conceptualization, adjudication, and common (public) perception of employees' privacy. The book draws on a comprehensive analysis of the conceptual as well as regulatory convergences and divergences between European, American and Canadian models of privacy protection, to reconsider the conceptual and normative foundations of the contemporary paradigm of employees' privacy and to elucidate the pillars of a holistic approach to the protection of right to privacy in employment.
This book, adopting a multidisciplinary approach, investigates the definition of autonomous work and the kind of protection it receives and should receive in a global perspective. The book advocates for the existence of genuine autonomous work to be distinguished from employment and false self-employment. It deserves specific attention from legislators in the view of removing any obstacles to the exercise of freedom of association and collective action at large. The book is divided into two parts. The first focuses on the evolving notion of autonomy and its consequences on social protection, offering a theoretical frame from an organizational, political and legal point of view. The second aims at discovering new regulatory and protective horizons for autonomous work, in the light of blockchain, platform work, EU Competition Law, social security and liberal professions. Finally, the authors offer insights and recommendations on how to protect work beyond categories.
It may seem dangerous to express oneself on the future of labour law, since it is widely considered to be in crisis by scholars of the field. There is no doubt that anyone attempting to predict the probable developments by presenting hypotheses regarding these developments runs the risk of making errors. Especially the impossibility to guarantee the relevancy of the chosen parameters and a correct evaluation of the nature of their relations could lead to erroneous predictions. The same applies when one has the ambition to pronounce oneself on the future of institutions, structures or procedures laid down in and protected by law. The objective of this book is threefold. First of all, it draws attention to a number of phenomena and processes both within and outside the law that affect the protective mechanisms and essential functions of labour law. Secondly, the authors want to point out their main causes and principal consequences. Finally, the book reflects the remedies proposed by the authors to preserve the essential task of labour law. Those objectives are achieved by developing the following four themes: the existential relation between labour law, the labour market and social competition; the historical tie between labour law and human dignity; the relationship between labour law, market law and (social) competition law; and finally the risk of a renewed contestation of the dignity of working people. The aim of this book is to provide intellectually challenging ideas for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers. With contributions of Jan Buelens, Wolfgang Daubler, Rene de Quenaudon, Filip Dorssemont, Teun Jaspers, Barbara Kresal, Fleur Laronze, Amanda Latinne, Esteban Martinez, Giovanni Orlandini, Kelly Reyniers, Marc Rigaux, Willemijn Roozendaal and Jens M. Schubert.'
The German works councils enjoy far-reaching powers and can exert tremendous influence, which creates an indisputable danger of abuse of power. However, the employees and employer are scarcely protected from any breaches of duty it may commit. The legal protection provided in the industrial governance regulations is still insufficiently developed. On the other hand, the powers of the unions in the United States of America have long since been limited by the duty of fair representation. In a state governed by the rule of law, it must be possible to hold anyone exercising power accountable. Proceeding from this principle, the author develops and proposes a comprehensive system of legal protection on a civil law basis. Today, in light of the reform of the Works Constitution Act which was agreed upon in the German federal government's coalition agreement, this work is of great topical immediacy and represents an important contribution to questions of legal policy.
This Handbook is testament to the value of whistleblowing for democracy, with new research and existing knowledge probed with fresh and urgent questions. What is the impact of global technology on public accountability, journalism and whistleblower protection? If indifference is what really matters, is focus on retaliation misplaced? What stops those in authority from heeding whistleblowers? A vital resource for anyone fighting to protect whistleblowers anywhere to better articulate whose interests are really at stake and what needs to be done.- Anna Myers, lawyer and Expert Coordinator of the Whistleblowing International Network (WIN)'The International Handbook on Whistleblowing Research offers a thorough and thoughtful examination of current approaches to research regarding this important topic. The editors have included the viewpoints of highly regarded researchers from a number of different fields, including the social sciences, business, and law. Unlike some collections of comments by experts in diverse fields, the editors have created a coherent and useful structure for an analysis of the status of whistleblowing research, the appropriate design for such research and its practical applications. The book casts new light on many topics crucial to the success or failure of whistleblower laws. Researchers, activists, policy makers and anyone interested in understanding whistleblowing and improving laws that encourage and protect it should read this indispensable work. A 'who's who' of the field and a depository of insights and ideas.- Robert Vaughn, American University Washington College of Law, US Whistleblowing the disclosure of wrongdoing by organizational insiders is vital to modern public accountability and integrity across all organizations and societies. This important Handbook offers original, cutting-edge analyzes of the conceptual and practical challenges that researchers face in order to better inform the way whistleblowing is understood and confronted by organizations, regulatory authorities and governments. Featuring contributions from scholars and policy practitioners in a number of diverse fields - including sociology, political science, psychology, information systems, media studies, business, management, criminology, public policy and several branches of law - the book provides a comprehensive guide to existing research and blueprints for how new research should be conducted in the future. It covers conceptual and definitional fundamentals of whistleblowing and strategies for researching whistleblowing in an organizational context, as well as law reform, regulation, management practicalities and research ethics. It also charts the lessons of 30 years of empirical research and maps out new questions and projects for future decades. This Handbook, with its unique perspective on the complex, multi-faceted and often controversial nature of whistleblowing research, will be a vital resource for researchers, policymakers and organizations around the world. Contributors: B. Bjorkelo, R. Bosua, A.J. Brown, H.H. Bye, K. Crow, T. Devine, S. Dreyfus, T. Morehead Dworkin, B. Edwards, B. Fasterling, T. Faunce, P. Harpur, R. Lederman, D. Lewis, J. Leys, K. Loyens, J. Maesschalck, B. Martin, D.P. Meyer, M.P. Miceli, S. Milton, R. Moberly, F.M. Morgan Jr, J.P. Near, T. Nikolic, J. Olsen, M.T. Rehg, P. Roberts, M. Skivenes, R. Smith, J. Spencer, M. Spencer, S.C. Trygstad, E. Tsahuridu, T. Uys, W. Vandekerckhove, S. Walden, C. Wheeler, J. Zuckerman
This accessible, new textbook provides an overview of the rapidly growing area of discrimination law. It covers all of the traditional areas of discrimination law, including discrimination within the context of employment, sex and race discrimination. The book also includes new areas resulting from the Equal Treatment in Employment Directive such as age and religious discrimination. Discrimination Law is edited by Malcolm Sargeant, an expert in the area of employment and discrimination law.
This well-researched book analyzes the positioning of EU constitutional law towards economic and social integration by contrasting liberal and socially embedded constitutionalism. The book draws on a unique content and discourse analysis of all Grand Chamber decisions on substantive EU law since May 2004. It finds the EU's 'judicial constitution' to be more nuanced and more uniform than expected. While the Court of Justice enforces the constitution of integration, it favors economic freedoms under mainly liberal paradigms, but socially embeds constitutionalism in citizenship cases. The 'judicial constitution' contrasts with EU Treaties after the Treaty of Lisbon in that their new value base enhances European social integration. However, the Treaties too seem contradictory in that they do not expand the EU's competence regime accordingly. In the light of these contradictions, Dagmar Schiek proposes a 'constitution of social governance': the Court and EU institutions should encourage steps towards social integration at EU level to be taken by transnational societal actors, rather than condemn their relevant activity. Economic and Social Integration will appeal to academics and postgraduate students in EU law, EU politics, European sociology, international relations, international law, labor law, and welfare state theory. Undergraduate students in labor law, policy advisors on EU social policy and welfare state, government departments and EU Commission departments will also find much to interest them in this book.
Tolley's Managing Fixed-Term and Part-Time Workers is an essential tool for HR directors and managers, and their advisers. This timely handbook contains comprehensive coverage of the legal and practical implications of the new Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 and the EC Directive on Fixed-Term Work. With almost a quarter of the total UK working population engaged on part-time contracts, there has never been a greater need for employers to understand the latest rights and duties owed to those who work on a part-time, intermittent or job-share basis. This invaluable resource will show you how to deal fairly with agency temps, contractors, freelancers, casual workers, seasonal workers, students working during vacations, part-time employees and temporary workers engaged to cover short-term absence. Combining coverage of the legal background with practical advice on how to ensure your policies and procedures comply with the law, this handbook will enable you to: - understand the laws that impact upon successive fixed-term contracts - treat part-time staff fairly and avoid claims of unlawful discrimination from women who form the majority of the UK's part-time workforce - draft your own documents using key sample documents - letters of employment, contract clauses and employment policies - save time by giving you access to comprehensive legal and tactical information in one unique handbook, featuring questions and answers, checklists and case studies for ease of use - ensure you are complying with the laws governing equality of treatment for fixed-term and part-time workers This accessible guide explains the latest legislation and case law and offers an array of practical tips and tools to help ensure fairness of treatment for fixed-term and part-time employees.
First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
An urgent study on how punitive immigration policies undermine the health of Latinx immigrants Of the approximately 20 million noncitizens currently living in the United States, nearly half are "undocumented," which means they are excluded from many public benefits, including health care coverage. Additionally, many authorized immigrants are barred from certain public benefits, including health benefits, for their first five years in the United States. These exclusions often lead many immigrants, particularly those who are Latinx, to avoid seeking health care out of fear of deportation, detention, and other immigration enforcement consequences. Medical Legal Violence tells the stories of some of these immigrants and how anti-immigrant politics in the United States increasingly undermine health care for Latinx noncitizens in ways that deepen health inequalities while upholding economic exploitation and white supremacy. Meredith Van Natta provides a first-hand account of how such immigrants made life and death decisions with their doctors and other clinic workers before and after the 2016 election. Drawing from rich ethnographic observations and in-depth interviews in three states during the Trump presidency, Van Natta demonstrates how anti-immigrant laws are changing the way Latinx immigrants and their doctors weigh illness and injury against patients' personal and family security. The book also evaluates the role of safety-net health care workers who have helped noncitizen patients navigate this unstable political landscape despite perceiving a rise in anti-immigrant surveillance in the health care spaces where they work. As anti-immigrant rhetoric intensifies, Medical Legal Violence sheds light on the real consequences of anti-immigrant laws on the health of Latinx noncitizens, and how these laws create a predictable humanitarian disaster in immigrant communities throughout the country and beyond its borders. Van Natta asks how things might be different if we begin to learn from this history rather than continuously repeat it.
View the Table of Contents. "Concentrating on contentious issues such as severity and
pervasiveness, reasonableness standards, unwelcomeness, causation,
employer liability, and remedies, Beiner highlights the mismatches
between the law and empirical research and suggests both legal
reforms and research questions to close the gap. Written in clear,
compelling prose, the study will enlighten readers curious about
contemporary questions in sexual harassment law as well as
specialists interested in the intersection of law and social
science.a "Fortunately, Beiner is not only a law professor: she also has
practiced law and is clearly well acquainted with the difficulties
of getting these cases before a jury. Her book seeks to help
plaintiffs survive summary judgment so they can prove their cases
in court." "Beiner's book is a striking example of the thoughtful and
clever use of social science research findings to point to changes
that will improve the operation of an important US social
institution." "A readable synthesis of legal rules and real life, accessible to both lawyers and non-lawyers--for all those interested in reducing sexual harassment on the job. Beiner makes a crucial contribution to the discussion of sexual harassment by demonstrating the relevance of social science research to legal doctrine. She convincingly exposes the limited effectiveness of current case law in preventing sexual harassment and demonstrates that federal judges often make decisions based on myths and stereotypes about how people behave, not on the reality women face in theworkplace."--Martha S. West, University of California Davis, co-author of "Sex-Based Discrimination" "In this timely and important book, Beiner explores the growing
disconnect between judges' unfounded assumptions about how people
respond to sexualized conduct in the workplace and what empirical
research in the social sciences is telling us about the same
subject. In many arenas, the antidiscrimination doctrine emerging
from the federal courts is being built on a foundation of 'junk
social science.' Beiner shines a light on this problem as it has
manifested in the evolving law of sexual harassment." "Beiner has done a superb job of reviewing the social science
research that applies directly to the law on sexual harassment.
Beiner suggests reforms to the legal standard and provides sensible
recommendations for interpreting the law to be more compatible with
the way people behave when they are sexually harassed." ""Gender Mythis v. Working Realities" is an innovative and fresh
approach to a complex problem. The concept for the book is both
fascinating and intriguing." Both the courts and the public seem confused about sexual harassment--what it is, how it functions, and what sorts of behaviors are actionable in court. Theresa M. Beiner contrasts perspectives from social scientists on the realities of workplace sexual harassment with the current legal standard. When it comes to sexual harassment law, all too often courts (and employers) are left inthe difficult position of grappling with vague legal standards and little guidance about what sexual harassment is and what can be done to stop it. Often, courts impose their own stereotyped view of how women and men "ought" to behave in the workplace. This viewpoint, social science reveals, is frequently out of sync with reality. As a legal scholar who takes social science seriously, Beiner provides valuable insight into what behaviors people perceive as sexually harassing, why such behavior can be characterized as discrimination because of sex, and what types of workplaces are more conducive to sexually harassing behavior than others. Throughout, Beiner offers proposals for legal reform with the goal of furthering workplace equality for both men and women.
This book approaches environmental, climate, and social justice comprehensively and interlinked. The contributors, predominantly from the Global South and have lived experiences, challenge the eurocentrism that dominates knowledge production and discourses on environmental and climate [in] justices. The collection of works balances theoretical, empirical, and practical aspects to address environmental and climate justice challenges through the lens of social justice. This book gives voice to scholars of the Global South and uses an interdisciplinary approach to show the complexity of the problem and the opportunities for solutions, making this book a powerful resource in teaching, research, and advocacy efforts. The innovativeness of this approach stems from the use of narratives, scientific explanation, and thematic analysis to present the arguments in each chapter of this edited book. Overall, each chapter of this book acts as a powerful resource in teaching, research, and advocacy efforts. This book fills a gap in the Global South production of environmental, climate, and social justice. It provides in-depth knowledge to the readers and raises their critical thinking about key elements/discussions of justice issues of environmental conflicts and climate change. The book is a useful read to a general audience interested in the topic of climate, environment, and development politics.
"Regulating for Decent Work" is a response to the dominant deregulatory approaches that have shaped labour market regulation in recent years. The inter-disciplinary and international approach invigorates current debates through the identification of new challenges, subjects and perspectives.
The management of employment relations: Conceptual and contextual perspectives is specifically designed for students of business management. This work focuses on laying the employment relations foundation and on macro, generic and theoretical issues. The overall purpose of this work is to assist the student in grasping the essentials that lay the foundation for understanding what employment relations entails in South Africa.
This book examines the controversial 103rd Constitutional Amendment to the Indian Constitution that introduced an income and asset ownership-based new constitutional standard for determining backwardness marking a significant shift in the government's social and public policy. It also analyses state level policies towards backwardness recognition of upper-caste dominant groups through case studies of Maharashtra, Haryana, and Gujarat. It provides an analytical and descriptive account of the proliferation of reservation policy in India and critiques these interventions to assess their implication on constitutional jurisprudence. Further, it assesses the theoretical and empirical challenges such developments pose to the principle of substantive equality and scope of affirmative action policies in Indian constitutional law and general discrimination law theory. The monograph shows how opening up of reservations for dominant upper-caste groups and general category will have implications for the constitutional commitment to addressing deeply entrenched marginalisation emanating from the traditional social hierarchy and the understanding of substantive equality in Indian Constitutional law. Further, it highlights key contradictions, incoherence, and internal tension in the design of the reservations for Economically Weaker Sections Critical, comprehensive, and cogently argued, this book will contribute and shape ongoing constitutional policy and judicial debates. It will be of great interest to scholars and researchers of law, Indian politics, affirmative action, social policy, and public policy.
This book analyzes the importance of informal social protection provided by religious institutions such as madrassas in a low-income country such as Pakistan. This book explains that Madrassas are religious schools that have existed in many Muslim countries for centuries and contributed significantly to preserving, forming, and extending human knowledge in medieval times. Further, madrassas are now more commonly viewed as the providers of a narrow education, supporting religious fundamentalism, that may lead to terrorism. However, this book asserts that education is not the only function performed by madrassas. They are a significant source of welfare support for the vulnerable and marginalized households in many low-income countries. This book helps the readers to understand the concept of informal social protection not conceptualized previously. In addition, its various attributes and institutions providing such a form of welfare worldwide are explained in detail; analyzing the usefulness of such a form of social protection would benefit readers of social policy, national governments, and international donor/aid agencies. This book also provides a prescriptive framework for integrating formal and informal social protection. This book provides a new "Multiple Regime Framework", for identifying various regimes in one country at one point in time by applying a novel data collection and analysis methodology. The application of this framework would be of particular interest to social policy scholars, national governments, and donor/aid agencies because it will result in better targeting of social protection policies in the wake of fiscal constraints. Lastly, this book provides a novel data collection and analysis strategy that will benefit the reader of research methodology, development consultants, donor agencies, and policy practitioners interested in using artificial intelligence to make informed and targeted policy decisions.
A number of studies have shown that long-term unemployment is not
only personally damaging in loss of immediate earnings, but that it
also severely affects future employment prospects. One study showed
that a spell of one month, on average, permanently reduces earnings
by 1%, a spell of six months by 5%, and a spell of one year by 11%.
As a result of alarming figures such as these, several leading
European employment experts have begun to focus research pertaining
to the overall European Employment Strategy on developing measures
designed to address the special issues of long-term unemployment.
This ground-breaking book presents incisive studies by sixteen
leading academics, labour policymakers, employment services
professionals, and employment researchers from Italy, the United
Kingdom, Spain, Germany, Belgium, and Poland. Among the relevant
factors investigated are the following:
South Africa has become a nation defined by its protests. Protests can, and do, bring societal problems to public attention in direct, at times dramatic, ways. But governments the world over are also tempted to suppress this right, as they often feel threatened by public challenges to their authority. Apartheid South Africa had a shameful history of repressing protests. The architects of the country's democracy expressed a determination to break with this past and recognise protest as a basic democratic right. Yet, today, there is concern about the violent nature of protests. Protest Nation challenges the dominant narrative that it has become necessary for the state to step in to limit the right to protest in the broader public interest because media and official representations have created a public perception that violence has become endemic to protests. Bringing together data gathered from municipalities, the police, protestor and activist interviews, as well as media reports, the book analyses the extent to which the right to protest is respected in democratic South Africa. It throws a spotlight on the municipal role in enabling or mostly thwarting the right. This book is a call to action to defend the right to protest: a right that is clearly under threat. It also urges South Africans to critique the often-skewed public discourses that inform debates about protests and their limitations.
This book presents new theories and international empirical evidence on the state of work and employment around the world. Changes in production systems, economic conditions and regulatory conditions are posing new questions about the growing use by employers of precarious forms of work, the contradictory approaches of governments towards employment and social policy, and the ability of trade unions to improve the distribution of decent employment conditions. The book proposes a 'new labour market segmentation approach' for the investigation of issues of job quality, employment inequalities, and precarious work. This approach is distinctive in seeking to place the changing international patterns and experiences of labour market inequalities in the wider context of shifting gender relations, regulatory regimes and production structures. -- .
This book consists of updated and refreshed papers written by international law scholars and practitioners from the ASEAN region and published by the Journal of East Asia and International Law, comprehensively covering almost all contemporary international legal issues related to ASEAN. Legal analysis of the ASEAN integration as one community with one vision in this book provides readers with a better understanding of the current social climate and future developments of ASEAN. Each section within the book covers a highly topical issue on ASEAN cooperation and dispute resolution from an international law perspective. ASEAN is one of the biggest economic communities in the world and the ASEAN+3 covers nearly half of global GDP. Given the region's global impact, this book is of interest to Asia watchers, academics and policymakers alike. |
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