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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Employment & labour law
This book combines classic and recent studies investigating challenges to Emiratization - full employment of Emirati nationals who make up only about 10% of the total workforce - in the United Arab Emirates (UAE). The book offers a comprehensive overview of the events leading to the country's rapid growth and development, as well as important social and cultural issues arising as the country transitioned from an isolated traditional economy to an open globalized one, and explores the specific challenges of incorporating Emiratis in their own vibrant economy. This topic is of interest to scholars, policymakers, and those considering investing or seeking employment in the UAE since it emerged as a Western-friendly, politically stable, and prospering oil-producing country in a region plagued by political, social, and economic turmoil.
Drawing on original empirical research from Singapore and Hong Kong, Gendered Labour, Everyday Security and Migration interrogates women migrant domestic workers' experiences of work and workplace exploitation. It examines the ways in which these women negotiate everyday security and safe work against the backdrop of affective employment relations and institutional structures of labour and migration law. It challenges the current emphasis on the language of exploitation and legal approaches to identifying, understanding and rectifying poor employment conditions for women migrant domestic workers. This book addresses the limited research literature that examines the extent to which regulatory or criminal justice responses are relevant to, and utilised by, women migrant domestic workers in their everyday negotiation of safe work and offers a unique contribution to the field. An accessible and compelling read, it will be of interest to researchers from across the fields of criminology, sociology, labour migration studies and women's studies.
This book details how safety (i.e. the absence of unacceptable risks) is ensured in areas where potentially explosive atmospheres (ATEX) can arise. The book also offers readers essential information on how to comply with the newest (April 2016) EU legislation when the presence of ATEX cannot be avoided. By presenting general guidance on issues arising out of the EU ATEX legislation - especially on zone classification, explosion risk assessment, equipment categorization, Ex-marking and related technical/chemical aspects - the book provides equipment manufacturers, responsible employers, and others with the essential knowledge they need to be able to understand the different - and often complicated - aspects of ATEX and to implement the necessary safety precautions. As such, it represents a valuable resource for all those concerned with maintaining high levels of safety in ATEX environments.
This book is an overview of the hazards of firefighting, the health risks of exposure to combustion products that characterize firefighting, the science behind interpreting these risks for purposes of identifying diseases as work-related, and the legal and policy implications of adopting legislated "presumption" for purposes of compensation. The emphasis of the book will be on the risk of cancer, cardiovascular disease, traumatic hazards, and disabling psychosocial adjustment following major incidents. Several new studies have appeared recently, including the largest study of firefighters ever done, by the National Institute of Occupational Health and Safety (NIOSH). They evidence supports the conclusion that firefighters face significant occupational health risks in addition to the obviously severe safety hazards.
This open access book documents and analyses the various interventions - legal, political, and even artistic - that followed the Ali Enterprises factory fire in Karachi, Pakistan, in 2012. It illuminates the different substantive and procedural aspects of the legal proceedings and negotiations between the various local and transnational actors implicated in the Ali Enterprises fire, as well as the legal and policy reforms sparked by the incident. This endeavour serves to embed these legal cases and reform efforts in the larger context of human and labour rights protection and global value chain governance. It also offers a concrete case study relevant for ongoing debates around the role of transnational approaches in making human rights litigation, advocacy, and law reform more effective. In this regard, the book interrogates and critically reflects on such legal campaigns and local and transnational reform work with a view to future transformative legal and social activism.
"Employment Law, 2nd edition "examines the relevant statutes,
judicial decisions, executive orders, and administrative policies
that shape the respective rights of managers and workers at the
workplace. It goes well beyond simply stating what is legal and
what is illegal, assuming that the student or professional needs to
understand the principles underlying the law so that he or she can
evaluate an organization's decisions against those principles.
This Handbook examines the essential nature of the law within an educational context and asks why there is not greater preparation for this aspect of a teacher's role. Principals and teachers across the world now work in increasingly uncertain and challenging environments involving complex legislative frameworks, with their roles and responsibilities constantly changing to meet these demands: thus, it is imperative that educators adapt and acquire new skills relating to child protection and criminal law. On a daily basis, teachers and practitioners are being challenged to critically examine and evaluate the legal rights and obligations of various stakeholders, including students, parents, educators and administrators. However, if these skills are not developed, the implications will be significant: particularly so if principals are deterred from pursuing innovative education strategies due to potential litigation risks. Consequently, the chapters will empower principals and teachers in the management of these concerns. This wide-ranging handbook, including case studies from around the world, will be of interest and value to both scholars of education law and practitioners.
The Enterprising Musician's Guide to Performer Contracts is an empowering resource that provides detailed, plain-language explanations of the clauses commonly found in legal agreements such as engagement (gig) contracts, artist-management contracts, and producer agreements. Musicians from all musical styles will be able to decipher contracts offered to them and improve terms to their benefit. In clear detail, David Williams dissects the most common clauses in performer contracts, revealing how to avoid pitfalls and properly amend content to address each musician's needs. Seasoned performers, emerging artists, and music students of all levels will find this handy volume an invaluable compendium of conflict-free guidance as they navigate their careers in the music industry.
International Aviation Labour Law explores the status quo of the international regulation of labour and employment within the air transport industry and provides a detailed analysis of the regulatory endeavours undertaken at the international, European and domestic level to harmonise aviation labour regulations and ensure adequate labour standards for aircrew members. Offering an original insight into the regulation of labour in the aviation sector and airline industry, it analyses regulatory endeavours undertaken at the international, European and domestic level, exploring the main challenges arising from non-uniform and fragmented regulation of labour standards in the air transport sector. In particular, it investigates whether aviation labour regulations are sufficiently harmonised at an international level to ensure adequate labour standards for aircrew members. Key concerns relating to aviation labour are dealt with from a regulatory and practical perspective, and the current normative gaps are examined in view of potential future regulatory trends and solutions via a thorough analysis of the applicable legislation, landmark court decisions and the use of practical examples, to provide an overview of the various nuances of the topic. The book identifies and explore the main implications and repercussions of regulatory asymmetry and highlights the critical role of labour for air transport and how discrepancies in labour regulation may affect the practice of flying and the essence of aviation safety. It emphasises a strong need for international regulatory coordination and is a key reference for a varied audience of students, academics, professionals and rule-makers involved in the air transport arena and for all those who have an interest in the regulation of labour and employment in aviation.
This book describes the prerequisites for the placing on the market and the safe use of machinery in compliance with the relevant EU Directives, especially the Machinery Directive 2006/42. It provides readers with high-level knowledge concerning the Essential Health and Safety Requirements (EHSR) that machinery must fulfill. The approach and principles of the Machinery Directive were most recently made worldwide acknowledged in the ILO code of practice on safe machinery, released in 2013. The book addresses that code, as well as providing valuable insight into other EU Product and Workplace legislation. Focusing on the key aspect of safe machinery, the "machinery safety risk assessment", which allows readers to better understand the more difficult aspects of risk assessments, the book equips readers to tackle problems at the manufacturing stage and in different use scenarios, introducing them to risk reduction techniques and functional safety aspects.
In recent decades, laws and workplace policies have emerged that seek to address the "balance" between work and family. Millions of women in the U.S. take some time off when they give birth or adopt a child, making use of "family-friendly" laws and policies in order to spend time recuperating and to initiate a bond with their children. The Balance Gap traces the paths individual women take in understanding and invoking work/life balance laws and policies. Conducting in-depth interviews with women in two distinctive workplace settings-public universities and the U.S. military-Sarah Cote Hampson uncovers how women navigate the laws and the unspoken cultures of their institutions. Activists and policymakers hope that family-friendly law and policy changes will not only increase women's participation in the workplace, but also help women experience greater workplace equality. As Hampson shows, however, these policies and women's abilities to understand and utilize them have fallen short of fully alleviating the tensions that women across the nation are still grappling with as they try to reconcile their work and family responsibilities.
After a conceptual reflection on the different professional regulation patterns in Europe, this book explores the main features of the currently ongoing European professional deregulation policies. It focuses on the current changes in Portugal where there seems to be an important increase of self-regulating professional associations despite the European deregulation trend and highlights the fact that experts cannot stay away any longer from the prevailing changes in society nor should they remain confined to their specific disciplines.
Providing a radical new approach to labour migration, this book challenges the prevailing legal and political construction of the figure of the irregular migrant labourer, whilst at the same time reimagining this irregularity as the basis of an alternative, post-capitalist, sociality. The text draws on the work of contemporary philosopher Jean-Luc Nancy, and more specifically his term 'ecotechnics', in order to examine how economic, political, and juridical norms deny the full legal status of certain people who are deemed to be irregular. This ostensible irregularity is revealed as a regular feature of labour market practice, and a necessary support for the conceptual foundations of capitalist legality. As this book shows, however, this legality - and with it, the technological subordination of life to the circulation of capital as if this were the only possibility for our being in the world - is not insurmountable. The book's consideration of the figure of the irregular migrant labourer comes to provide an alternative basis for reimagining our relationship not only with migration and with labour itself, but ultimately with each other. This powerful analysis of contemporary labour migration is of considerable interest to legal and political theorists, philosophers, labour lawyers, migration experts, and others with theoretical, political, or policy interests in this area.
Most Americans-even those with significant disability-want to live in their homes and communities. Unpaid family members or friends often work as "informal" caregivers, helping those who need assistance- and many feel they have no option but to serve. In contrast, paid personal assistance services workers (PAS) provide a lifeline to those consumers with complex needs and limited social networks. However, there is a crisis looming in the increasing needs for paid PAS and the limited available PAS workforce. Making Their Days Happen explores disability, health, and civil rights, along with relevant federal and state labor policies related to personal assistance services. Lisa Iezzoni addresses the legal context of paid PAS as well as financing mechanisms for obtaining home-based personal assistance. She also draws upon interviews she conducted with paid PAS consumers and PAS workers to explore PAS experiences and their perspectives about their work. Offering recommendations for improving future experiences of PAS consumers and providers, Iezzoni emphasizes that people with disabilities want to be a part of society, and PAS workers who do this low-wage work find satisfaction in helping them achieve their goals.
The book provides a collection of cutting-edge, multi-disciplinary research-based chapters on work, workers and the regulation and management of workplace health and safety. Featuring research from Australia, Europe and North America, the chapters traverse important historical examples and place important, emerging contemporary trends, like work in the gig economy, into wider international and historical perspectives. The authors are leading authorities in their fields. The book contributes to advancing our knowledge - empirical and theoretical - of the ways in which labour market dynamics, management strategies, state regulation and public policy, and union organisation affect outcomes for workers. It features in-depth exploration of, and reflection on, some of the major labour market challenges facing workers, and analysis of strengths and weaknesses of responses to those challenges, whether via management, state regulation or collective employee voice. The chapters highlight shifts in in/equality of outcomes; access to security and flexibility at work; genuine access to workplace voice and decision-making; and the implications of different avenues and mechanisms for regulating work and employment. The text is aimed at researchers, undergraduate and postgraduate students in work and organisational studies, industrial/employment relations and human resource management, workplace (or occupational) health and safety, employment law, and labour history. It will also be of particular interest to policy makers and practitioners working in the field of workplace health and safety.
All over the world a different kind of labour law is in the process of formation; in Gramsci's phrase, this is an interregnum when the old is dying and the new is struggling to be born. This book, to which an internationally distinguished group of scholars has contributed, examines the future of labour law from a wide variety of perspectives. Issues covered include the ideology of New Labour law; the employment relationship; the public/private divide; termination of employment; equality law; corporate governance; collective bargaining; workers' participation; strikes; international labour standards; the role of EU law; the EU Charter of Fundamental Rights; labour law and development in Southern Africa; and the impact of globalisation. The essays are written in honour of the outstanding labour lawyer Professor Sir Bob Hepple QC, who has contributed to so many areas of this dynamic field.
This book examines how regulators and policymakers from nine different countries have dealt with Uber, and initiates a legal dialogue between different jurisdictions that could potentially pave the way to a harmonized approach in regulating Uber. The case studies, conducted in Brazil, Germany, Italy, Mexico, Spain, South Africa, Turkey, the UK and the US reveal the case law and regulatory responses that have been adopted in various areas of law. Legal issues relevant to Uber include market regulation, labor law, civil liability, consumer protection, unfair competition and antitrust law. The book thus compares and contrasts the regulatory policy implications of the disruptive innovation created by Uber in the area of transport services. The book starts with a conceptual overview of the legal challenges posed by Uber and concludes with comparative findings based on the individual case studies. In addition to introducing academics and legal practitioners to the theoretical and practical legal problems they may encounter in connection with Uber, the book will especially appeal to policymakers, who can benefit from and compare the experiences of other jurisdictions.
Systemic Bias: Algorithms and Society looks at issues of computational bias in the contexts of cultural works, metaphors of magic and mathematics in tech culture, and workplace psychometrics. The output of computational models is directly tied not only to their inputs but to the relationships and assumptions embedded in their model design, many of which are of a social and cultural, rather than physical and mathematical, nature. How do human biases make their way into these data models, and what new strategies have been proposed to overcome bias in computed products? Scholars and students from many backgrounds, as well as policy makers, journalists, and the general reading public will find a multidisciplinary approach to inquiry into algorithmic bias encompassing research from Communication, Art, and New Media.
Contributing to the debate on work performance evaluation in a time of technological transformation, this book explores the impact of digitisation on production and organisation models, as well as on the rights and interests of the stakeholders involved. As organisations down-size, merge with other companies and become decentralised, the boundaries in employer-employee-customer relationships are blurred and new models for the organisation and assessment of work performance have emerged. With these new models, innovative regulatory approaches are sorely needed. Taking an interdisciplinary approach and drawing on theoretical concepts from organisation studies, human resource management, sociology and labour economics, this all-encompassing collection is not only essential reading for academics and students, but also for policy-makers and employers who are looking for innovative and practical solutions to the challenges of modern employment relations.
'A new roadmap for understanding the diverse perspectives and disparate bodies of law involved in any legal regime aimed at encouraging people in organisations to speak up about wrongdoing, making it possible for them to do so, and supporting and protecting them when they do. More than just a rich and readable history of whistleblowing laws, in the USA and around the world. Steeped in Robert Vaughn's personal experience as a lawyer and researcher over a 40 year period, this book stands to help solve some of the greatest conundrums in this vital area of legal regulation - one of the most complex in modern society, but one of the most crucial to integrity, accountability and organisational justice in all institutions. Compulsory reading for all policymakers, regulators, corporate leaders, researchers and activists engaged in improvement and implementation of public interest whistleblowing laws.'- A.J. Brown, Griffith University and Transparency International Australia 'Unlike other books on whistleblowing that simply describe and analyze whistleblowing laws, Robert Vaughn's new book provides an in-depth and unique historical account of the roots of the whistleblowing movement in such disparate events as the Mai Lai massacre, the civil rights movement, and the experiments of Stanley Milgrim. As important, he then uses that history to illuminate the competing perspectives and pressures that influenced the passage and interpretation of modern whistleblower laws. Vaughn provides a first-rate account of the varied and complex reasons for the successes and failures of these laws during the last forty years.' - Richard Moberly, University of Nebraska College of Law Drawing on literature from several disciplines, this enlightening book examines the history of whistleblower laws throughout the world and provides an analytical structure for the most common debates about the nature of such laws and their potential successes and failures. The author explores the relationship between the actions of whistleblowers and the character of laws protecting them, as well as their administration and enforcement. The book considers the role of civil society groups in the successes of whistleblower laws and how current controversies reflect issues attached to these laws over half a century. This study contains perspectives from which successes and failures can be evaluated and will appeal to policy makers, scholars, whistleblower advocacy and other civil society groups, as well as anyone with a general interest in the subject. Contents: Preface 1. Successes and Failures 2. Question Authority 3. Nonviolence and Civil Disobedience 4. Whistleblower Stories and Emerging Narratives 5. Watergate and Whistleblower Protection 6. The Civil Service Reform Act and Whistleblower Protection 7. Retrospective and Forecast 8. Incentives 9. Private-sector Laws 10. Institutional Failure 11. Interpretation 12. National Security 13. Global Whistleblower Laws 14. Civil Society 15. Perspectives 16. Old Issues - New Controversies Index
The book offers a comprehensive perspective on the highly topical issue of protecting and promoting labour standards in international economic law and the globalized economy. For the purpose of an in-depth analysis of both the specific and the fundamental aspects in this regard, it combines views from specialized academics of the legal and political sciences as well as experienced practitioners. The contributions to this book do not only reveal recurring obstacles but also point at best practices and potential for synergies, providing important guidance for future research and practice in international economic and labour law and policy.
This book discusses the increasing use of contract labour in India that has accompanied attempts to liberalise the economy. After briefly examining Indian labour laws and public policy, it juxtaposes the country's labour market practices with international labour standards. The questions that are raised are then explored through a series of empirical studies investigating the use of contract labour in a variety of industries and locations, manifesting a wide-spectrum of concerns including labour standards, productivity and employment relations. The set of comparative research studies within India are supplemented with a field study from the Shenzhen and Guangzhou industrial regions of South China, which are in an advanced stage of industrial development. The unprecedented inflow of capital into China has captivated many developing countries, including India, which has gone on to mimic similar strategies particularly in terms of labour market deregulation. In this context, a set of crucial questions arise - can enforcing 'labour market flexibility' in itself provide the required impetus for a nation's industrial growth? Is the Chinese success in becoming the major destination for foreign direct investments (FDIs) a consequence of a flexible labour regime or is there some other concealed strength to be found in Chinese labour market institutions? In particular it needs to be noted that after double-digit growth for more than 25 consecutive years, China has recognised some of the fallacy of its development path and in 2008 adopted fairly stringent labour laws, which now regulate its labour market. This Chinese trajectory perhaps has lessons for India and other countries that are still struggling on the liberal path. In particular, the Chinese example helps put the Indian field studies in perspective and provides insights into India-specific policy recommendations that could also be useful for the developing world. The book concludes with the observation that where production entails long-term relationships, the interests of both the employer and the workers need to be maintained sustainably. As the title suggests, the book provides takeaways, not only for academics and researchers working in this field but also for lawyers, consultants, politicians, bureaucrats, and policymakers.
Are you afraid your employer might be infringing your workplace rights? Or are you an employer seeking information on your responsibilities? Written by employment experts at the Trade Unions Congress (TUC), this book sets out Your Rights at Work in simple and relatable terms. This book explains the rights of the UK worker and responsibilities of the UK employer, and explains them clearly. It offers jargon-free guidance that can be applied to any situation in work including: parental leave and maternity rights, flexible working, dismissal and redundancy, pay and holiday rights and grievance procedures. This edition has been updated to include the impact of the COVID-19 crisis, Britain's exit from the EU and regulatory changes to data protection laws, holiday pay and gender gap reporting. Protect your employees and be empowered as an employee by knowing Your Rights at Work.
Focusing on the perspectives of policy-makers, the book's purpose is to closely examine the factors that make for successful/unsuccessful labor market related policy reforms. The aim is to reveal the political aspects, namely the chances, challenges and impediments to designing labor market reforms and to establish the conditions under which successful labor market reforms can be advocated, adopted and implemented (process). The work includes exclusive interviews with twelve former European prime ministers about the labour market reforms they initiated in their respective countries: Wolfgang Schussel Anders Fogh Rasmussen Andrus Ansip Francois Fillon Gerhard Schroeder Georgios Papandreou Mario Monti Jan Peter Balkenende Jerzy Buzek Iveta Radicova Luis Rodriguez Zapatero Tony Blair |
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