This book addresses key challenges and conflicts arising in extractive industries (mining, oil drilling) concerning the human rights of workers, their families, local communities and other stakeholders. Further, it analyses various instruments that have sought to mitigate human rights violations by defining transparency-related obligations and participation rights. These include the Extractive Industries Transparency Initiative (EITI), disclosure requirements, and free, prior and informed consent (FPIC). The book critically assesses these instruments, demonstrating that, in some cases, they produce unwanted effects. Furthermore, it highlights the importance of resistance to extractive industry projects as a response to human rights violations, and discusses how transparency, participation and resistance are interconnected.

This book provides practical, business-orientated and accessible guidance on key aspects of German employment and labour law as well as adjoining fields. This second, completely revised edition presents the latest changes in German labour and employment law and jurisprudence. It covers, amongst other newer developments, the statutory minimum wage, changes in agency work, extensive changes in European and German employee data protection law, and includes a completely new chapter on compliance issues in the employment context. Specialised lawyers with many years of experience explain the legal basis of these aspects of German law, highlight typical practical problems and suggest solutions to those problems. In addition, examples are given on how to best manage legal pitfalls to minimise risks. This book translates employment and labour law for foreign in-house counsels and human resources managers at international companies and provides a clear understanding of the complex legal regulations in Germany.

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. -- .

Thirty-three authorities in the field of labour and industrial relations law gather here to enhance and complement the work of the late Marco Biagi, a man who, at the time of his violent and untimely death, had shown himself to be the most insightful and committed international scholar in this complex and controversial - and, as it proved, even dangerous field. The topics covered range over many of Professor Biagi's special interests, including the following: the formulation of a new basis for labour law that could resolve new issues; employee protection in corporate restructuring; the trend toward individual "enterprise bargaining"; a new European employment policy and what it might entail; the growing phenomenon of "flexibilisation" and the effects of an ageing workforce. It also examines: the crucial nexus of free trade, labour and human rights; the promise of EU enlargement; and protection of part-time workers.

With more than 11,000 deaths and over two million injuries and diseases attributed to workplace-related hazards each year, the prevention of injuries, death, and disease in the workplace has been of increasing concern to lawyers, labor unions, government officials, insurance companies, and legal scholars. In this volume, noted legal specialist Warren Freedman presents both a comprehensive exposition of common workplace hazards and a detailed survey of the applicable statutes, case law, and court decisions that have developed in this growing field of litigation and regulation. The author treats in depth key issues such as how to identify specific exposures in the workplace, the problem of drug testing, the roles of involved parties, and theories of liability. Practicing attorneys, government policy-makers, and union executives will find this an indispensable resource when dealing with the complexities that surround claims and regulation in this area.

Following an introductory overview, Freedman examines the recognition of workplace-caused disability, the payment of benefits, and the rehabilitation experience. He then turns to a discussion of specific exposures encountered in the workplace including cancer risks, chemicals, acid rain and other pollutants, radiation, smoking, repetitive trauma, and others. Alcoholism and drugs in the workplace receive extended coverage in two chapters that address central questions such as product liability and alcoholism, pinpointing criminal responsibility, and the constitutionality of drug testing. Turning to an examination of the individuals involved in occupational injury, disease, or death suits, Freedman explores the roles of the plaintiff-claimant and his or her family, the defendant employer, and third parties who may become part of a court action--the government, product manufacturers, technical experts, OSHA, insurance companies, and others. Subsequent chapters discuss theories of liability and remedies, defense of employees' claims, procedural aspects of litigation, and the effects of particular cases and statutes.

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.

`Vulnerable workers' have not been adequately defined in South African jurisprudence, although they have been referred to in case law, and consequently the nature and scope of this concept remains unclear. There are also different categories of vulnerable workers in South Africa. This book introduces students and practitioners to the law and to the practical problems experienced by vulnerable South African workers: those suffering from depression or post-traumatic stress disorder, those who are discriminated against based on their weight or their appearance, those who have been bullied at work, or those who may have opted for gender reassignment. Marginalisation and other forms of prejudice against these workers are well known, but the manner in which we address these issues is not clear. Several other categories of workers, such as the sexually harassed, those living with AIDS, foreign workers, and sex workers may also be seen to be vulnerable (especially in the context of South Africa's history). Vulnerable Employees guides the reader through the basic principles of the law pertaining to the different categories of workers, and offers insight and guidance on the management of these individuals. The book sheds light on the most significant case law and applicable legislation, and proposes draft policies, where applicable. Complex concepts and legal and other relevant principles are explained simply and clearly, without using unnecessary and complex legal jargon. This makes Vulnerable Employees a suitable book for students, for those who provide general advice and assistance to vulnerable workers or their employers, and for those needing to apply this knowledge in a business environment.

The author of the bestselling Just Medicine reveals how racial inequality undermines public health and how we can change it With the rise of the Movement for Black Lives and the feverish calls for Medicare for All, the public spotlight on racial inequality and access to healthcare has never been brighter. The rise of COVID-19 and its disproportionate effects on people of color has especially made clear how the color of one's skin is directly related to the quality of care (or lack thereof) a person receives, and the disastrous health outcomes Americans suffer as a result of racism and an unjust healthcare system. Timely and accessible, Just Health examines how deep structural racism embedded in the fabric of American society leads to worse health outcomes and lower life expectancy for people of color. By presenting evidence of discrimination in housing, education, employment, and the criminal justice system, Dayna Bowen Matthew shows how racial inequality pervades American society and the multitude of ways that this undermines the health of minority populations. The author provides a clear path forward for overcoming these massive barriers to health and ensuring that everyone has an equal opportunity to be healthy. She encourages health providers to take a leading role in the fight to dismantle the structural inequities their patients face. A compelling and essential read, Just Health helps us to understand how racial inequality damages the health of our minority communities and explains what we can do to fight back.

This book discusses the experiences of cooperative enterprises in India that have been operated by or influenced to a significant extent by trade unions. It describes the origins of these movements in India presenting a political-strategic view of their development and, in some cases, their decline. The book also presents case studies of groundbreaking social experiments conducted in India in which trade unions have formed cooperatives for production and service provision for the working class movement. It also offers lessons learned from previous social experiments and explains how to use them for future strategies in the working class movement by using primary research undertaken on trade union cooperatives in India. With globalization often given as a reason for the decline of trade unions and transformative social movements, this book demonstrates that where movements declined it was due to their own internal weaknesses, while presenting successful case studies of movements which have shown resilience in the face of globalization. The book also gives an extensive criticism of India's Self Employed Women's Association as a model of a depoliticized trade union cooperative. The main lesson of this book is that cooperatives represent a viable strategy to build working class power in the 21st century in India, and elsewhere.

Since its timid introduction onto the EC agenda in 1974, reconciliation of work and family life has developed into a fully-articulated principle. This book explores this journey and its implications for the EC legal order and society. It argues that as reconciliation issues continue to evolve they require constant reassessment.

Legal professionals are thought to have higher levels of mental health issues and lower levels of wellbeing than the general population. Drawing on qualitative data from new research with legal practitioners, this in-depth study of mental health and wellbeing in the UK and Republic of Ireland's legal sector is a timely contribution to the urgent international debate on these issues. The authors present a comprehensive discussion of the cultural, structural and other causes of legal professionals' compromised wellbeing. They explore the everyday demands and difficulties of the legal working environment and consider the impacts on individuals, the legal profession and wider society. Making comparisons with systems overseas, this is an invaluable resource that provides evidence-based suggestions for swift and effective organisational and policy-related interventions in the legal sector.

Originally published in 1955, this book describes in a clear and concise way the nature of a Trade Union in England from the legal point of view, the particular aspects of the Law which make it possible for Trade Unions to carry on their activities and the restraints which the Law place on them for the protection of their members and the community. It briefly reviews the history of Trade Union Law, describes the Acts of Parliament which made the modern Trade Union possible and deals with those aspects of the Law which are important for those who have industrial relations with Trade Unions.

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

This major new book examines the way in which employment is managed across organizational boundaries. It analyses how public-private partnerships, franchises, agencies and other forms of inter-firm contractual relations impact on work and employment and the experiences of those working in these increasingly significant forms of organization. It draws upon research undertaken in eight separate networks comprising over 50 organizations to explore the fragmentating effects of contemporary changes in the organization of work and employment relationships. It considers the consequences of increased reliance upon inter-organizational mechanisms for producing goods and especially for delivering services. It argues that established analyses continue to rely too heavily upon a model of the single employing organization whereas today the situation is often more complex and confused. Public-private 'partnerships' are one high profile example of this phenomenon but private enterprises are also developing new relations with their clients and customers that impinge upon the nature of the employment relationship. Established hierarchical forms are becoming disordered, with consequences for career patterns, training and skills, pay structures, disciplinary practice, worker voice, and the gendered division of labor. The findings of the study raise questions about the governance of such complex organizational forms, the appropriateness of current institutions for addressing this complexity, and the challenge of harnessing of employee commitment in circumstances where human resource practices are shaped by organizations other than the legal employer. Using an analytical schema of three dimensions (institutional, organizational, employment) and four themes (power, risk, identity, trust), the authors adopt an inter-disciplinary perspective to address these complex and critically important practical, policy and theoretical concerns. Fragmenting Work will be vital reading for all those wishing to understand the contemporary realities of work and employment.

This book provides a comprehensive theory of age discrimination that can guide the direct and indirect age discrimination provisions of the Equality Act 2010. The Act holds that unequal treatment on the grounds of age and measures that are on their face age-neutral but have the effect of disadvantaging particular age groups are lawful only if the treatment can be shown either to be a 'proportionate means of achieving a legitimate aim' or if the treatment fits into a specifically prescribed exception. In this way, the proportionality test distinguishes justified and unjustified age-differential treatment with only the former legally permissible. This book outlines and defends a pluralist theory of age discrimination that assists in making the distinction between justified and unjustified age-differential treatment. The theory identifies the principles that explain when and why age-differential treatment wrongs people and the principles that can justify this treatment. It is a pluralist theory because it recognises that age-differential treatment can wrong people for a number of different, overlapping reasons, and these different reasons should inform how we apply age discrimination law. The pluralist approach to age discrimination theory can improve legal reasoning in age discrimination cases by articulating the relevant principles and competing interests that are at stake in age discrimination claims. In constructing the theory, the book adopts the reflective equilibrium method. This requires that we examine our initial moral beliefs about age discrimination by seeking coherence with beliefs we have about similar moral and philosophical issues and revising the initial beliefs as a result of challenges to them. In applying this method, the book identifies the following five principles to form a pluralist theory of age discrimination: equality of opportunity, social equality, respect, autonomy and efficiency.

This book addresses the questions of discrimination, vulnerable consumers, and financial inclusion in the light of the emerging legal, socioeconomic, and technological challenges. New technologies - such as artificial intelligence-driven consumer credit risk assessment and Fintech platforms, the changing nature of vulnerability due to the ongoing COVID-19 pandemic, as well as the sophistication of digital technologies, which help circumvent legal barriers and protections - necessitate the continuous study of the existing legal frameworks and measures that are capable of tackling these challenges. Organized in two major parts, the first addresses, from multiple national angles, the idea of a human rights approach to consumer law, in order to replace the mantra of economic efficiency that characterizes financial services with those of human dignity and freedom from discrimination and from debt-induced servitude. The second tackles the challenges posed by increased usage of technology in connection with financial services, which tends to solve, but also creates, additional issues for consumers in general, and for vulnerable groups in particular.

This book provides a detailed discussion of four class-action discrimination cases that have recently been settled within the United States Department of Agriculture (USDA) and have led to a change in the way in which the USDA supports farmers from diverse backgrounds. These settlements shed light on why access to successful farming has been so often limited to white men and/or families, and significantly this has led to a change for opportunities in the way the USDA supports famers from diverse backgrounds. With chapters focusing on each settlement Jett provides an overview of the USDA before diving into a closer discussion of the four key settlements, involving African American farmers (Pigford), Native Americans (Keepseagle), Woman famers (Love) and Latino(a) farmers (Garcia), and the similarities between each. This title places and emphasis on what is happening in farming culture today, drawing connections between these four settlements and the increasing attention on urban farming, community gardens, farmers markets, organic farming and the slow food movement, through to the larger issues of food justice and access to food. Fighting for Farming Justice will be of interest to scholars of food justice and the farming arena, as well as those in the fields of Agricultural Economics, Civil Rights Law and Ethic Studies.

This book investigates patterns of fragmentation and coherence in the international regulatory architecture of public procurement. In the context of the major international instruments of procurement regulation, the book studies the achievement of social and labour policies, the most controversial and problematic instrumental uses of public procurement practices. This work offers an innovative comparative approach, discussing the ways in which the different international instruments-namely the EU Procurement Directives, the WTO Agreement on Government Procurement, the UNCITRAL Model Law and the World Bank's Procurement Framework-are able to implement labour and social purposes and, at the same time, ensure a regulatory balance with the principles of efficiency and non-discrimination. Scholarly, rigorous and timely, this will be important reading for international trade lawyers and procurement practitioners.

EU Labour Law is a concise, readable and thought-provoking introduction to the labor and employment law of the European Union. The book explores the subject's major policy themes, examines the various procedures by which EU labor law is made, and analyzes key topics such as worker migration, equality, working time and procedures for workers' participation in employers' decision-making. It sets the legal materials in their policy context and identifies the important issues which have shaped the development of EU labor law and are likely to determine its future, including the economic crisis and the debate about fundamental rights in the EU. This accessible yet rigorous book will appeal to undergraduate and postgraduate law students, academics and practitioners working on domestic and EU labor and employment law, as well as those with an interest in this increasingly important subject from the perspective of business and management, economics, sociology or politics.

This book is a treatise against neoliberalism illuminated by the path of China. China is a model to be mimicked, but more so theoretically than by replication. If anything, nations of the global South must rid themselves of neoliberally imposed 'one-size-fits all' models, instrumentalised to shift value to US empire. Neoliberal models, robbing nations of their histories and resources, are negative 'best practice' serving the interests of the hegemon. Developing nations need to search for the theory that corresponds to their own conditions and development strategies. China's experience, anchored in labour as the historical agent, offers numerous theoretical cues as to how to build comparable home-grown paths. Thinking development with a subject voids reductionist politics in favour of sober class analysis. The study concludes by restating the age-old wisdom that there is no development without the rule of labour.

This book brings together a set of contributions that examine the complexities associated with domestic work by highlighting not only the legal issues but also exploring the social, psycho-social, economic, and cultural dimensions of domestic work. The book aims to ignite a collective effort towards ensuring decent work for domestic workers and facilitate a public debate on their rights. It includes discussions on the issue of social justice with special emphasis on invisibilization and undervaluation of domestic work, feminization of domestic work, and recognizes the rights of domestic workers as human rights. The issues covered in this book bridge the gap between legal and social dimensions of domestic work and address the discrimination faced by domestic workers in a holistic manner. Given its scope, the book would appeal to both academics (law as well as social science) and non-academics. It will be a useful tool for teachers, students, practitioners, policy-makers and civil society organizations working for the unorganized sector.

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

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

This book focuses on the neglected yet critical issue of how the global migration of millions of parents as low-waged migrant workers impacts the rights of their children under international human rights law. The work provides a systematic analysis and critique of how the restrictive features of policies governing temporary labour migration interfere with provisions of the Convention on the Rights of the Child that protect the child-parent relationship and parental role in children's lives. Combining social and legal research, it identifies both potential harms to children's well-being caused by prolonged child-parent separation and State duties to protect this relationship, which is deliberately disrupted by temporary labour migration policies. The book boldly argues that States benefitting from the labour of migrant workers share responsibility under international human rights law to mitigate harms to the children of these workers, including by supporting effective measures to maintain transnational child-parent relationships. It identifies measures to incorporate children's best interests into temporary labour migration policies, offering ways to reduce interferences with children's family rights. This book fills a gap that emerges at the intersection of child rights studies, migration research and existing literature on the purported nexus between labour migration and international development. It will be a valuable resource for academics, researchers and policymakers working in these areas. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003028000, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license