This important book plays a vital role in bridging the gap between labour economics, law and economics and the legal profession. Beginning with a general overview of the relationship between labour law and economic theory, it then goes on to examine specific areas within the field of law and economics including: the new law and economic theories on contract formation, with a case study from the Dutch system penalty default rules as applied to Israeli labour law dismissal regulation in the UK and US from a comparative perspective overtime hours in the US and severance pay in Germany the European Works Council an historical and economic analysis of the German co-determined corporation.

This book charts the path to revitalisation for trade unions in Australia, the USA, the UK, and Italy. It examines the examples of innovation and digital campaigning that are enabling unions to build new forms of worker power - and overcome decades of declining membership wrought by neoliberalism, globalisation, and hostility from employers and the state. The study evaluates the responses of unions in each country to falling membership levels since the 1980s. It considers the US 'organising model' and its adoption in Australia and the UK, comparing this with the strategies of Italian unions which have been more deliberately focused on precarious and migrant workers. The increasing reliance of US unions on community alliances, as seen in the 'Fight for $15' and similar campaigns, is scrutinised along with new union prototypes like Hospo Voice in Australia, the Independent Workers' Union of Great Britain and SI Cobas in Italy. The book includes an in-depth analysis of union responses to the gig economy in the four countries, and the emergence of self-organised worker collectives to combat this exploitative business model. The vital role played by unions in defending the interests of workers during the COVID-19 pandemic is also examined. As well as highlighting the most successful union initiatives to meet the challenges of the past 30 years, the book assesses the strengths and deficiencies of the legal framework for union representation in the four nations. It identifies the labour law reforms needed to rebuild collectivism, but argues that more is needed than favourable laws. This cross-national study provides a rich basis for identifying the combination of reforms, strategies and linkages required to ensure that unions can remain relevant for a new generation of digitally-active workers.

"A MUST-READ FOR ANYONE INTERESTED IN UNDERSTANDING AND DISMANTLING MASS INCARCERATION." -Chesa Boudin, District Attorney of San Francisco America's criminal justice system is among the deadliest and most racist in the world and it disproportionately targets Black Americans, who are also disproportionately poor, hungry, houseless, jobless, sick, and poorly educated. By every metric of misery, this nation does not act like Black Lives Matter. In order to break out of the trap of racialized mass incarceration and relentless racial oppression, we, as a society, need to rethink our basic assumptions about blame and punishment, words and symbols, social perceptions and judgments, morality, politics, and the power of the performing arts. N*gga Theory interrogates conventional assumptions and frames a transformational new way of thinking about law, language, moral judgments, politics, and transgressive art-especially profane genres like gangsta rap-and exposes where racial bias lives in the administration of justice and everyday life. Professor Jody Armour (Negrophobia and Reasonable Racism) calls for bold action: electing progressive prosecutors, defunding or dismantling the police, abolition of the prison industrial complex. But only after eradicating the anti-black bias buried in the hearts and minds of millions of Americans and baked into our legal system will we be able to say that Black Lives Matter in America.

The McDonald's Corporation is not only the largest system-wide sales service in the world, it is a phenomenon in its own right, and is now recognized as the most famous brand in the world. By providing a detailed analysis of the extent to which the McDonald's Corporation adapts or imposes its labour relations policies in Europe, this volume represents a real life case study revealing the interaction between a global multi-national enterprise and the regulatory systems of a number of different European countries. Key features include:

* an overview of the McDonald's Corporation's development and structure
* an analysis of its corporate culture and the issues of franchising
* an examination of key union strategies, including systems of co-determination, consultation and collective-bargaining
* a chapter dealing specifically with European legislation, in particular the McDonald's European Works Council
The author systematically analyzes the conflict between the McDonald's Corporation and the industrial relations systems of the European countries within which it operates, and exposes this conflict as an 'unequal struggle' between economic liberalism and collectivism.

This book examines the plight of migrant workers and their families in countries of employment, and the protection which they receive under international human rights law. It focuses on their economic, social, cultural, political and residence rights, and also contains a detailed case-study on their legal situation in Europe.

Homework; work that is categorised as informal employment, performed in the home, mainly for subcontractors and mostly undertaken by women. The inequities and injustices inherent in homework conditions maintain women's weak bargaining position, preventing them from making any improvements to their lives via their work. The best way to tackle these issues is not to abolish, but to bring equality and justice to homework. This book contributes a gender justice framework to analyse and confront the issues and problems of homework. The authors propose four justice dimensions - recognition, representation, rights and redistribution - to examine and analyse homework. This framework also takes into account the structures and processes of capitalism and the patriarchy, and the relations of domination that are widely held to be the major factors that determine homework injustice. The authors discuss strategies and approaches that have worked for homeworkers, highlighting why they worked and the features that were beneficial for them. Homeworking Women will be of interest to individuals and organisations working with or for the collective benefit of homeworkers, academics and students interested in feminism, labour regulation, informal work, supply chains and social and political justice.

Disability Servitude traces the history and legacy of institutional peonage. For over a century, public and private institutions across the country relied on the unpaid, forced labor of their residents and patients in order to operate. This book describes the work they performed, in some cases for ten or more hours a day, seven days a week, and the lawsuits they brought in an effort to get paid. The impact of those lawsuits included accelerated de-institutionalization, but they fell short of obtaining equal and fair compensation for their plaintiffs. Instead, thousands of resident and patient-workers were replaced by non-disabled employees. Disability Servitude includes a detailed history of longstanding problems with the oversight of the sub-minimum wage provision in the Fair Labor Standards Act oversight. Beckwith shows how that history has resulted in the continued segregation and exploitation of over 400,000 workers with disabilities in sheltered workshops that legally pay far less than minimum wage.

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.

Labor law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labor law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favoring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector." These are just some of the external challenges to labor law. There is also an internal challenge, as labor lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it.
This book responds to such fundamental challenges by asking the most fundamental questions: What is labor law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labor laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.

Economically and politically, North Sea oil very quickly became of vital importance to Britain. But very little serious attention was paid to the problems of the men working out on the rigs, and certainly none to their legal problems: they had been working in a kind of legal 'no man's land'. This informative and critical book, first published in 1977, represents a new and exciting approach to labour law looks closely at the way in which the law applies to workers out on the rigs and at the way it regulates the various aspects of their employment. More than that, it looks at the context in which the law is applied, a dynamic industry operating within severe physical, economic and political constraints, showing not only how the law came to be shaped, but also how its provisions are but one example of the employment process and which mirror changing moods and standards.

Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment. Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour. The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.

The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status - has frequently been neglected. It is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law. Only recently has human rights law has begun to address the structured inequalities and exclusions that define the domain of domestic work. This book addresses the specific position of domestic workers in the context of evolving human rights norms. Drawing upon a broad range of case studies, this book presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights on 'primary care providers', as well as the effect that trends in migration law have on migrant domestic workers. This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies.

The response of European Union institutions to the Eurocrisis demonstrated their fragile and failing commitment to the role of social policy in advancing European economies and societies. The present volume, exploring the positive scope for such policies, is therefore timely and welcome. While sharply critical of much of what goes on at both EU and several national levels, the authors are constructive in tone and point the way to sustainable alternatives to neoliberalism.' - Colin Crouch, University of Warwick, UK and External Scientific Member, Max Planck Institute for the Study of Societies, Cologne, GermanyHighly valued by its citizens, the European social model is a defining feature of Europe and the European Union yet is under threat from the effects of both globalisation and the aftermath of the financial crisis. The Sustainability of the European Social Model addresses this issue in light of the current crisis that changed the landscape. It examines how social Europe responds to uncertainties that affect its development from a range of different disciplinary perspectives. The book begins by analysing interactions between EU law and national policies from a comparative perspective, highlighting the legal, social and institutional complexities that constrain the development of 'social Europe' It assesses the sustainability of EU law and policies in the areas of pensions and employment policy and then focuses on two crucial areas of EU social policy: the regulations on working time and the provisions of social services of general interest. The expert contributors compare the experiences of a range of Member States (and also bring in external comparison) to explore topics such as ageing, job quality, social protection and employment policies, social dialogue and the relationship between the various methods of European policymaking such as the 'community method' and the Open Method of Co-ordination. The analyses show that sustainability of the European social model will depend heavily on addressing failings in European governance. Insightful and comprehensive, this book is a detailed and timely resource for academic researchers. Its practical, policy-oriented insights into important issues in social and employment policy, as well as into European policymaking itself, will also be of great interest to practitioners and policymakers. Contributors: J.-C. Barbier, I. Begg, F. Colomb, C. Erhel, J. Gautie, B. Gazier, M. Hartlapp, M. Keune, A. Koukiadaki, P. Marginson, N. Ramos Martin, R. Rogowski, T. Sirovatka, E. Sol, M. van der Vos

This book examines how businesses manage their labour systems, and particularly how they manage the complex interaction of factors which give rise to instances of 'partnership' style relations between businesses and their employees. The book draws from the literature concerning 'Varieties of Capitalism' (VoC) and the different institutional and regulatory designs inherent in different types of political economy. The book is informed by a new and extensive set of empirical data from Australia that examines the activities of national and multinational business corporations, their outlooks and relationships with stakeholders, and relates these to new and evolving theoretical frameworks based in political economy and law. The book places the Australian regulatory model within this international debate, and assesses the extent to which the system does or does not fit into the general categorisation created in the VoC literature.

During the past few decades, industrialized countries have witnessed a progressive crisis of the regulatory framework sustaining the binary model of the employment relationship based on the subordinate employment/autonomous self-employment dichotomy. New atypical and hybrid working arrangements have emerged, challenging the traditional notions of, and divisions between, autonomy and subordination. This in turn has strained labour law systems across industrialized countries that were previously based on the notion of dependent and subordinate employment to cast their personal scope of application. Nicola Countouris advances ideas for a new dynamic equilibrium in employment law to accommodate this evolution, providing a comparative account of the development of the employment relationship in four key European countries - the UK, Germany, France and Italy.

This book examines labour regulation and labour mobility in two professional baseball leagues: Major League Baseball (MLB) in the United States and Nippon Professional Baseball (NPB) in Japan. Through vivid comparative study, Matt Nichol explores how each league internally regulates labour mobility and how this internal regulation engages with external regulation from the legislature, statutory authorities and the courts. This comparison of two highly restrictive labour markets utilizes regulatory theory and labour regulation and suggests a framework for a global player transfer system in baseball. Each system of labour regulation can be viewed as an autopoietic system of law that utilizes voluntary self-regulation as the basis for regulation. While the regulatory systems in each league govern labour mobility in a similar manner using labour controls such as the draft, the reserve system and free agency, the two systems operate differently in terms of the level of labour mobility enjoyed by players. Formal rules, informal rules and normative practice result in MLB having relatively high levels of labour mobility for free agent players while similar players enjoy limited mobility in NPB. The book's engaging, multifaceted focus and comparative nature make it an excellent resource for lawyers, academics and advanced students interested in labour law, sports law, and Asian and European law.

The notion of property in work has deep historical roots in the common law tradition, but is yet to receive the attention it deserves. In this timely and thought-provoking book, Wanjiru Njoya contrasts ideas of ownership and property rights in English, American and European labour law, and considers their practical implications. The author's contention that shared ownership within a stakeholder theory of the firm allows better protection of both shareholders' and employees' interests in the large public corporation, puts employee-participation firmly back on the corporate governance agenda. The book offers a refreshing new perspective on how a more socially desirable balance between economic flexibility and job security may be achieved.

This book critically examines the proper role of the law in protecting job security in the contemporary workplace. It provides a historical, theoretical, practical and comparative perspective on this under-researched, but fundamentally important, legal mechanism at a time when the pressure to deregulate and dilute worker-protective laws has taken on increased importance. The volume critically analyses both statute and case law from three advanced industrialised liberal democracies with a common law foundation, the UK, Australia and the USA, to understand the extent to which job security is realised. By applying a common approach and a conceptual framework that emphasises the complex relationships between law, the economy and society to analyse a series of national studies, the book is also designed to draw upon the insights of comparative analysis to deepen our understanding of the limits and possibilities of legal regulation of job security. The national case studies are supplemented by research that focuses on how supra-national organisations have sought both to develop and disseminate new legal norms around the practices and processes of dismissal. This study critically analyses and assesses the adequacy of the international regulatory framework for protecting the rights of employees in the dismissal process.

The workplace is a key forum in which the issue of religion and its position in the public sphere is under debate. Desires to observe and express religious beliefs in the workplace can introduce conflict between employees and employers. This book addresses the role the law plays in the resolution of these potential conflicts. The book considers the definition and underlying motives of religious expression, and explores the different ways it may impact the workplace. Andrew Hambler identifies principled responses to workplace religious expression within a liberal state and compares this to the law applying in England and Wales and its interpretation by courts and tribunals. The book determines the extent to which freedom of religious expression for the individual enjoys legal protection in the workplace in England and Wales, and asks whether there is a case for changing the law to strengthen that protection. The book will be of great use and interest to scholars and students of religion and the law, employment law, and religion and human rights.

Discrimination law is rapidly expanding and of growing importance. At present the law covers gender, race and disability discrimination, sexual orientation and age. This new edition covers all of these areas. It also contains separate chapters on the social, political and philosophical aspects for those who require a fuller understanding of the background and theoretical basis of discrimination law. In addition, the book contains a section on procedural matters. It takes account of the numerous legislative developments which have taken place since the last edition. The text has also taken account of the many new cases since 1998, which include: Pearce v Governing Body of Mayfield Secondary School (2003); Nagarajan v LRT (1999); Chief Constable of West Yorkshire v Khan (2001); R v Secretary of State for Employment exp Seymour-Smith (1999 and 2000); Harvest Town Circle Ltd v Rutherford (2001); South Ayrshire Council v Morton (2002); Lawrence and Others v Regent Office Care (2002); Re Badeck (2000); Grutter v Bollinger (2003); Goodwin v UK (2002); Mendoza v Ghaidan (2002); A and Others v Secretary of State for the Home Department (2002) and A v Chief Constable of West Yorkshire (2002). This work explains and examines in-depth every possible aspect of discrimination law. It is set out in such a way that makes it accessible to readers of all levels.

Employment Law is the core textbook for the CIPD Level 7 module of the same name. Easy to read, jargon-free and full of case studies and useful examples this fully updated 16th edition provides a thorough grounding in UK employment law and how it applies in practice. This definitive guide covers everything students need know to excel at their studies and begin a successful career as an HR professional. It covers the formation of the Contract of Employment, recruitment and selection, parental rights, discrimination and health and safety in the workplace. There is also essential coverage of unfair dismissal and redundancy. This new edition is completely up to date with the latest cases and legislation including updates to discrimination law and working time. There is also guidance on the legal implications of Brexit such as freedom of movement, workers' rights and the change to procedural arrangements for the final court of appeal in UK cases. Reflective activities, case studies and explore further boxes encourage critical thinking, broader engagement with the topic and a clear understanding of how employment law applies in practice, Online resources include a lecturer guide, powerpoint slides and extra case studies to support learning and enable students to apply the theory in practice.

Labour reform is only one component of the larger process of reforming economy and society experienced by China over the last three decades. This book uses historical analytical tools in order to shed light on how policymaking takes place in contemporary China: an experimental and self-fulfilling process where decisions are taken only long after being introduced into daily practice. It will be valuable to students of contemporary Chinese society and key to the understanding of 25 years of Chinese labour reform.

Judicial Retirement Laws of the Fifty States and the District of Columbia, the first comprehensive work on the subject, brings together a complete survey of existing judicial retirement laws in all fifty-one jurisdictions. Using appropriate constitutional and statutory citations, Bernard S. Meyer identifies, in each jurisdiction, provisions for mandatory retirement on account of age, for retirment for disability (voluntary and involuntary), as well as for further judicial service after retirement. This work also suggests how these laws should be changed for the improvement, and the interest, of justice.

Employment Law has been developed primarily for students taking an elective module in employment law on the LPC and is suitable for courses with either a corporate or private client focus. The 2016 edition continues to provide a practical and comprehensive guide to the subject and has been fully updated to include recent UK and European case law and developments in employment law practice. Examples and sample documents are included throughout the book to help students understand the practical application of the law, preparing them for the situations they may encounter once qualified. Detailed information is presented clearly and concisely, with the use of flowcharts and diagrams to provide a visual overview of complex processes and areas of common difficulty. End of chapter summaries and self-test questions are also used throughout the book, to help students consolidate their learning and identify areas for further study. This book is also accompanied by a free Online Resource Centre (www.oxfordtextbooks.co.uk/orc/employment2016/) which includes updates to the law post-publication, self-test questions with instant feedback, outline answers to the questions in the book, and electronic versions of flowcharts and diagrams to assist with notes and revision.