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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Employment & labour law
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.
Can you say anything about sex at the office anymore? Yes, maybe, but read this first. Sexual harassment is a malign specter hovering over workplaces everywhere. One touch of its foul breath can devastate businesses, causing them to lose millions of dollars, not to mention waste bundles of time and energy. Needless to say, organizations are running scared. This book provides managers with vital information to protect themselves and their companies from lawsuits, bad publicity, decreased employee morale, and other associated miseries. Topics covered include: * laws and court decisions (including the most recent Supreme Court rulings) * what behavior is acceptable--and what isn't * preventive policies and staff training * investigating complaints, and more. With one of every three cases filed with the EEOC involving a sexual harassment claim, managers need help. This complete answer book--with real-life scenarios, self-help quizzes, checklists, and thoughtful analysis--gives them just the guidance they need.
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 covers technologies that pose new challenges for consumer policy, creative developments that can help protect consumers' economic interests, innovative approaches to addressing perennial consumer concerns, and the challenges entailed by emerging ways of creating and delivering consumer products and services. In addition, it reflects on past successes and failures of consumer law and policy, explores opportunities for moving consumer law in a different direction, and discusses potential threats to consumer welfare, especially in connection with the changing political landscape in many parts of the world. Several chapters examine consumer law in individual countries, while others have an international focus.
Using Heideggerian tool ontology to investigate antiblack racism in the United States, Ontological Branding: Power, Privilege, and White Supremacy in a Colorblind World provides a novel account of race and racial justice. Bonard Ivan Molina Garcia argues that race is best understood as a tool to brand persons of color, particularly Black persons, as subordinate in order to privilege whiteness as the proper state of persons in a world created by and for persons and in which all (and only) persons are equal. Persons of color, particularly Black persons, are thus excluded from full participation in the rights and privileges of personhood and instead relegated to ways of being in service to the white world. This white supremacist system was created through law, and despite significant changes, U.S. law's current approach to racial justice through colorblindness only serves to safeguard white supremacy. Racial justice instead requires a critical race consciousness that accounts for the ontology of race. Racial justice requires ontological justice.
Efforts to build bottom-up global labor solidarity began in the late 1970s and continue today, having greater social impact than ever before. In Building Global Labor Solidarity: Lessons from the Philippines, South Africa, Northwestern Europe, and the United States Kim Scipes-who worked as a union printer in 1984 and has remained an active participant in, researcher about, and writer chronicling the efforts to build global labor solidarity ever since-compiles several articles about these efforts. Grounded in his research on the KMU Labor Center of the Philippines, Scipes joins first-hand accounts from the field with analyses and theoretical propositions to suggest that much can be learned from past efforts which, though previously ignored, have increasing relevance today. Joined with earlier works on the KMU, AFL-CIO foreign policy, and efforts to develop global labor solidarity in a time of accelerating globalization, the essays in this volume further develop contemporary understandings of this emerging global phenomenon.
The Uber-ization of the classroom and what it means for faculty. One of the most significant trends in American higher education over the last decade has been the shift in faculty employment from tenured to contingent. Now upwards of 75% of faculty jobs are non-tenure track; two decades ago that figure was 25%. One of the results of this shift-along with the related degradation of pay, benefits, and working conditions-has been a new push to unionize adjunct professors, spawning a national labor movement. Professors in the Gig Economy is the first book to address the causes, processes, and outcomes of these efforts. Kim Tolley brings together scholars of education, labor history, economics, religious studies, and law, all of whom have been involved with unionization at public and private colleges and universities. Their essays and case studies address the following questions: Why have colleges and universities come to rely so heavily on contingent faculty? How have federal and state laws influenced efforts to unionize? What happens after unionization-how has collective bargaining affected institutional policies, shared governance, and relations between part-time and full-time faculty? And finally, how have unionization efforts shaped the teaching and learning that happens on campus? Bringing substantial research and historical context to bear on the cost and benefit questions of contingent labor on campus, Professors in the Gig Economy will resonate with general readers, scholars, students, higher education professionals, and faculty interested in unionization. Contributors: A. J. Angulo, Timothy Reese Cain, Elizabeth K. Davenport, Marianne Delaporte, Tom DePaola, Kristen Edwards, Luke Elliott-Negri, Kim Geron, Lorenzo Giachetti, Shawn Gilmore, Adrianna Kezar, Joseph A. McCartin, Gretchen M. Reevy, Gregory M. Saltzman, Kim Tolley, Nicholas M. Wertsch
This fourth edition of Business Law offers comprehensive and accessible coverage of the key aspects of business law. Established legal topics such as the English legal system, Contract, Consumer, Intellectual Property, Company and Employment Law, and emerging areas such as Health, Safety and Environmental Law are all addressed in the context of business. The work has been thoroughly updated to include all the major recent developments in business law, such as the new EU Trade Secrets Directive and case outcomes decided since the publication of the last edition. The book also discusses the impact of Brexit. In addition, the book features extensive diagrams and tables, revision summaries, reading lists, and clear key case boxes for easy reference. This book is ideal reading for undergraduate law and business studies students, while also applicable to practitioners and those with a more general interest in business law.
The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of Arbitration for Sport (CAS) and national courts between 2018-2020. It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on important issues raised by international sports arbitration, and independent commentaries by academics and practitioners on the most important decisions of the CAS and national courts of the year, and in this particular case of the years 2018-2020. Dr. Antoine Duval is Senior Researcher at the T.M.C. Asser Instituut in The Hague and heads the Asser International Sports Law Centre. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchâtel, Switzerland, and is the partner in charge of the sports arbitration practice at Lévy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.
This book explores the challenges of globalisation and digitalisation to labour law and social security under three headings. The first, "The changing foundations of labour law" focuses on the law itself. Here the authors discuss how a changing political setting influences the very foundations of contemporary labour law. The contributions in the second section, "Precarious work - the new normative model?", deal with the challenges that various new business models put to regulating working life and social welfare. The contributions in the final section, "New forms of labour mobility", treat the difficulties related to the protection of workers who move over borders between countries and continents. The book is a contribution to the ongoing debate on the future of labour law.
'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
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 explores how power operates in workplace settings at local, national and transnational levels. It argues that how people are valued in and out of work is a political dynamic, which reflects and shapes how societies treat their citizens. Offering vital resources for activists and students on labour rights, employment issues and trade unions, this book argues that the influence workers can exert is changing dramatically and future challenges for change can be positive and progressive. This book is relevant to United Nations Sustainable Development Goal 8, Decent work and economic growth -- .
This book provides essential information on the legal rights of employers and employees in Turkey, plus up-to-date sections on wages, working hours, employment contracts, discrimination laws, and unions. The work mainly consists of three parts: introduction, individual labour law, and collective labour law in Turkey. The extensive material and numerous court decisions presented in each chapter will introduce readers to the major current debates in labour law and encourage them to engage in critical and independent assessment. As such, the book offers an engaging and accessible overview of the development and status quo of labour law and industrial relations issues in Turkey.
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.
Hauck's guide to the arbitration of sex discrimination grievances is authoritative, comprehensive, extremely detailed, and easy to use. It is a solid resource for the professional responsible for establishing guidelines for a company or organization. The author explains how arbitrators decide employment discrimination complaints. He blends law and arbitral thinking on an issue-by-issue basis and offers procedural recommendations for arbitration. Understanding and effective resolution of sex discrimination grievances require the blending of two bodies of arbitral fundamentals: those associated with traditional grievances and those of a more specific nature involving discrimination. The discrimination fundamentals require additional specification due to the sensitivity of the issues and often traumatic situations of those involved. This book gives the professional the knowledge and legal strategies to deal with all aspects of such cases.
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.
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.
In this essential philosophical and practical reckoning, Martha C. Nussbaum, renowned for her eloquence and clarity of moral vision, shows how sexual abuse and harassment derive from using people as things to one's own benefit-like other forms of exploitation, they are rooted in the ugly emotion of pride. She exposes three "Citadels of Pride" and the men who hoard power at the apex of each. In the judiciary, the arts and sports, Nussbaum analyses how pride perpetuates systemic sexual abuse, narcissism and toxic masculinity. The courage of many has brought about some reforms but justice is still elusive-warped sometimes by money, power or inertia; sometimes by a collective desire for revenge. By analysing the effects of law and public policy on our ever-evolving definitions of sexual violence, Nussbaum clarifies how gaps in the law allow this violence to proliferate; why criminal laws dealing with sexual assault need to be complemented by an understanding of the distorted emotions that breed abuse and why anger and vengeance rarely achieve lasting change. Citadels of Pride offers a damning indictment of the culture of male power that insulates high-profile abusers from accountability. Yet Nussbaum offers a hopeful way forward, envisioning a future in which, as survivors mobilise to tell their stories and institutions pursue fair and nuanced reform, we might fully recognise the equal dignity of all people.
Globalization of the economy and increased integration in Europe has led to a stronger focus on EU labour, employment and equality law. The Research Handbook on EU Labour Law draws together contributions from leading academics in this field at an important historic moment in its development. As well as assessing the 'state of the art', they identify key research questions for the future. Split into four distinct parts, this Handbook provides a comprehensive examination of the major topics in EU labour, employment and equality law. Part one addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. The subsequent parts offer in-depth treatments of specific topics: part two focuses on various issues in individual and collective labour law at EU level, including working time and job security; part three provides an analysis of collective labour law, including its implications for trade unions and industrial democracy; and part four explores the EU's interventions in equality law, considering its impact across a range of different protected characteristics. Contemporary and far-reaching, the Research Handbook on EU Labour Law will prove to be an unrivalled reference work for academics and scholars seeking further understanding of EU labour, employment and equality law as well as further direction for ongoing research. Practitioners and policy-makers will also find it useful as a source of policy evaluation and theoretical perspectives. Contributors include: D. Ashiagbor, N. Bamforth, C. Barnard, A. Bogg, N. Busby, C. Costello, N. Countouris, A.C.L. Davies, R. Dukes, P. Eeckhout, S. Fredman, M. Freedland, A. Koukiadaki, A. Lawson, V. Mantouvalou, W. Njoya, C. O'Cinneide, J. Prassl, I. Solanke, K. Strauss, P. Syrpis, L. Vickers, L. Waddington
What effect do robots, algorithms, and online platforms have on the world of work? Using case studies and examples from across the EU, the UK, and the US, this book provides a compass to navigate this technological transformation as well as the regulatory options available, and proposes a new map for the era of radical digital advancements. From platform work to the gig-economy and the impact of artificial intelligence, algorithmic management, and digital surveillance on workplaces, technology has overwhelming consequences for everyone's lives, reshaping the labour market and straining social institutions. Contrary to preliminary analyses forecasting the threat of human work obsolescence, the book demonstrates that digital tools are more likely to replace managerial roles and intensify organisational processes in workplaces, rather than opening the way for mass job displacement. Can flexibility and protection be reconciled so that legal frameworks uphold innovation? How can we address the pervasive power of AI-enabled monitoring? How likely is it that the gig-economy model will emerge as a new organisational paradigm across sectors? And what can social partners and political players do to adopt effective regulation? Technology is never neutral. It can and must be governed, to ensure that progress favours the many. Digital transformation can be an essential ally, from the warehouse to the office, but it must be tested in terms of social and political sustainability, not only through the lenses of economic convenience. Your Boss Is an Algorithm offers a guide to explore these new scenarios, their promises, and perils.
The high rates of Black arrests and incarceration from 1960-1990 were a direct result of deliberate government policies and a zealous criminal justice system, under the patriotic umbrella of the War on Crime. This stateside war shared a lot of similarities with the Vietnam war happening simultaneously: racism and extreme cruelty towards those seen as the enemy, deprecation of the others' culture, forceful use of a militarized police with combat experience, repeated failure to observe human rights, and mass incarceration. Unfortunately, this conflict continued long after the Vietnam war ended. This book reviews those dark times, analyzing it's causes, short- and long-term effects, and calls for change.
Most employers will at some time need to monitor, record and read e-mails sent and received by their staff, or check on their employees' use of the telephone and internet, or access business correspondence received at work but addressed to a member of staff. There may also be clear cases where covert surveillance either by video camera or private investigators is considered as a means to collect evidence of criminal activity on site. The law in this area is complex and, in some cases, contradictory. Gillian Howard aims to set out the law clearly and give practical guidance, both to employers as to their legal rights, and to employees as to what safeguards to their privacy the law gives them. She provides precedents and useful examples of policies and procedures for monitoring employees at work. Vetting staff before taking them into employment can be equally fraught with legal issues. The Data Protection Act 1998 requires employers to obtain explicit consent from an employee before seeking and using certain sensitive information. This book gives guidance in this difficult area of employment law with practical advice, precedents and policies, and details of legal interpretations of the law by the Courts and Employment Tribunals.
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. |
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