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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Employment & labour law
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 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
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.
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.
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 current law on the employment status of ministers of religion together with religious workers and volunteers and suggests reforms in this area of the law to meet the need for ministers to be given a degree of employment protection. It also considers the constant theme in Christian history that the clergy should not be subject to the ordinary courts and asks whether this is justified with the growth of areas such as employment law. The work questions whether it is possible to arrive at a satisfactory definition of who is a minister of religion and, along with this, who would be the employer of the minister if there was a contract of employment. Taking a comparative perspective, it evaluates the case law on the employment status of Christian and non-Christian clergy and assesses whether this shows any coherent theme or line of development. The work also considers the issue of ministerial employment status against the background of the autonomy of churches and other religious bodies from the State, together with their ecclesiology. The book will be of interest to academics and researchers working in the areas of law and religion, employment law and religious studies, together with both legal practitioners and human resources practitioners in these areas.
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.
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 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.
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.
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.
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.
The active pursuit of social and labor rights is seen as a crucial response to globalization. Essays by leading scholars from the U.K., Ireland, France, Germany, Italy, Japan and the U.S. question the effectiveness of the new rhetoric of rights (such as decent work and security; equality of opportunity; adequate food and housing; and healthcare). The contributors examine emerging new approaches at the international and E.U. level in several European countries, Japan, and the U.S. and in codes of practice of multinational companies.
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 -- .
Until recently, age discrimination attracted little social opprobrium. However, ageism has now been thrust onto the equality agenda by the spectre of an ageing population. This has led to a range of policies on 'active ageing.' Most importantly, legally binding legislation prohibiting age discrimination in employment will need to be in place by 2006. Remarkably little attention has been paid to the key issues. To what extent is age inevitably linked with declining capacity? What are the central aims of a policy on age equality, and how can these be realised in law? How should law and policy address age discrimination in health, education and employment? What lessons can be learned from the US and Europe? And should young people be dealt with in the same way as older people? This book answers these questions in a series of chapters by experts from a wide range of disciplines. It begins by examining the nature of the ageing process and then turns to a detailed analysis of the concept of age equality. In the light of this analysis, the following three chapters critically assess employment, education, and health. A separate chapter is devoted to discrimination against children. The last two chapters consider the experience in the US, and other European countries.
'For the modern welfare state support' for those who are out of work through no fault of their own remains a foundation stone. Now, however, under pressure form market-driven ideology focused on business performance, its composition and the way support is delivered is in a state of flux. With the avowed objective of minimizing dependence on social benefits and increasing labour market efficiency, many national policies with varying degrees of thoroughness are shifting from a bureaucratic approach to some form of contract arrangement that demands a higher level of personal responsibility from the unemployed worker. The contractualisation process is usually administered through a 'reintegration service' that may be partly or wholly privatised. This remarkable book is the first comparative in-depth study of the process of contractualisation. It offers seventeen penetrating analyses, by leading labour market and labour law authorities, of recent policy initiatives to activate employment by contract and the implications of these initiatives from both legal and a socioeconomic perspective. Among the issue explored are the following: motivation, mobility, and flexibility in the labour market; effect of contractualisation on public accountability and responsibility; effect on the individual's statutory relationship under social security; whether and to what extent the conditions on which one country successfully introduces contractualisation apply to other countries; and, the unemployed individual as 'contract partner': What conditions can he or she set? The analyses focus on experience with contracts as service deliverance in the labour markets of eight countries: Australia, the United Kingdom, The Netherlands, Belgium, France, Germany, and Finland. Because a certain measure of experience has already been built up by governments, providers, and clients, now is the time to try and learn form good as well as bad practices in order to build coherent institutional frameworks to help the unemployed. This book is sure to bring insight and effectiveness to the work of professionals, officials, and politicians in this policy field, and will be of special practical value to labour law practitioners, academic researchers and libraries, trade unions, policymakers, and corporate counsel.
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.
Volume 17 of Research in Occupational Stress and Well Being is focused on the stress and well-being related to the marketing discipline. This volume is focused on the connections between employee stress, health, and well-being as it relates to marketing, sales, and customers. We have 7 chapters devoted to critical topics such as internal selling, stress at the consumer-employee interface, how leaders can affect the customer experience, and the unique stressors associated with being a persuasion agent. Further, we have two comprehensive empirical reviews of topics in this domain. The first examines the degree to which positive psychology constructs relate to sales performance. The second examines customer mistreatment towards employees and how it impacts their well-being. The final chapter takes a more practitioner perspective and examines the importance of taking into account stress tolerance when selecting and training sales personnel. The objective of this series is to promote theory and research in the increasingly growing area of occupational stress, health and well-being, and in the process, to bring together and showcase the work of the best researchers and theorists who contribute to this area. Questions of work stress and well-being span many disciplines and many specialized journals. One of the virtues of this series has been to provide a multidisciplinary and international platform that gives a thorough and critical assessment of knowledge, and major gaps in knowledge, on occupational stress and well-being.
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.
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. |
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