The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017).

This book examines how the law has limitations to the extent that it can combat repression, isolation, and inequality. The main point the book explores is that isolation and inequality cannot be solved by driving up wages and having better working conditions. The true divide between management and workers is the inability of management to see the workers as people, and not just numbers. "The Swiss novelist Max Frisch remarked at the time, 'We imported workers and got men instead.'" This encapsulates the dilemma of management - how to distance one's self enough from workers to command respect yet not too distant as to be seen as inhumane. How can isolation and inequality within the workplace be overcome? Regulation and Inequality at Work shows how workers can have an increased voice by using tools outside of the typical legal ones. Without state protection, the rights can be viewed as less stringent. Working outside the system allows for greater malleability and flexibility to be able to cater to individual workers in individual workplaces. Workers' rights are about better working conditions, hourly wages, and benefits, but are also about being treated in a more civilized manner where one's humanity is recognized. Only through all of these parts working together will a true version of workers' rights emerge-one where workers are not viewed as mere tools but within and of the system itself. It shows the latest state of knowledge on the topic and will be of interest both to students at an advanced level, academics and reflective practitioners in the fields of business and company law, labour law, and employment law.

Although employers are required to pay compensation for employee inventions under the laws in many countries, existing legal literature has never critically examined whether such compensation actually gives employee inventors an incentive to invent as the legislature intends. This book addresses the issue through reference to recent, large-scale surveys on the motivation of employee inventors (in Europe, the United States and Japan) and studies in social psychology and econometrics, arguing that the compensation is unlikely to boost the motivation, productivity and creativity of employee inventors, and thereby encourage the creation of inventions. It also discusses the ownership of inventions made by university researchers, giving due consideration to the need to ensure open science and their academic freedom. Challenging popular assumptions, this book provides a solution to a critical issue by arguing that compensation for employee inventions should not be made mandatory regardless of jurisdiction because there is no legitimate reason to require employers to pay it. This means that patent law does not need to give employee inventors an 'incentive to invent' separately from the 'incentive to innovate' which is already given to employers.

'This volume presents precisely the types of problems facing HR professionals in multinational corporations and reveals the many challenges of bridging across cultures and legal systems.' - Howard Salazar, Manager of HR Operations, Harley-Davidson Motor Company, US 'In aligning human resource management with the legal requirements in different countries, multinational corporations have to simultaneously stay true to their corporate culture and honor the distinct cultures where they do business. This volume provides deep insights for navigating this terrain in the 21st Century.' - Pat Canavan, Senior Vice President for Global Governance, Motorola Corporation (retired), US 'Leading a global HR function requires a deep appreciation of many cultures and laws, which are at the center of this important new book. Organizing the learning around tangible problems is a great approach - valuable for experienced practitioners and newly appointed HR professionals alike.' - Cheri Alexander, Vice President, HR International Operations, General Motors (retired), US Multinational corporations face considerable complexity in setting the terms and conditions of employment. Differing national laws prevent firms from developing consistent sets of employment policies, but, at the same time, employees are often expected to work closely with colleagues located in many different countries and seek comparable treatment. This critical volume offers a comprehensive analysis of how these contradictory issues are dealt with in five countries - Australia, Brazil, Germany, Japan and the United States. The authors identify six key areas that present the most typical challenges: employee voice (unionization and works councils), discrimination, privacy, wrongful dismissal, compensation and benefits administration, and global supply chain and labor standards. Working within these broad categories, legal experts from each country offer a detailed breakdown of twenty commonly confronted human resource problems and the ways in which national laws affect their solutions. Using a unique combination of primary sources, discussion questions and expert analyses, this pioneering volume provides readers with a new and intensive picture of human resource management across the world. Human resources managers and other practitioners will find this book an indispensable resource. The structure and approach make it an ideal classroom text for students of business and management, labor law and other related fields. Instructors from other than the five countries can easily supplement analysis of the problems by reference to their domestic systems, which gives this work added flexibility and relevance.

Gain a thorough understanding of today's employment and labor-relations laws with a text written specifically for you, if you are majoring in business or other non-legal studies -- Cihon/Castagnera's EMPLOYMENT AND LABOR LAW, 10E. This comprehensive, engaging introduction uses excerpts from real case law to illustrate how labor-related disputes arise and are resolved in the courts. Eye-opening features, such as The Working Law and Ethical Dilemmas, demonstrate how labor legislation and ethical decision-making impact employees at all levels of organizations -- from hourly workers to owners. You review the most up-to-date information on significant topics, such as the NLRB and EEOC, the Fair Labor Standards Act, the president's executive orders for undocumented immigrants and LGBTQ rights, Obamacare, the Defense of Marriage Act, and other employee-benefits developments. You also study issues relevant to you, such as FLSA and NLRB rights for unpaid interns, teaching assistants, and student-athletes. No other book combines such balanced coverage with an exceptional reader-friendly approach.

AI has unparalleled transformative potential to reshape society but without legal scrutiny, international oversight and public debate, we are sleepwalking into a future written by algorithms which encode regressive biases into our daily lives. As governments and corporations worldwide embrace AI technologies in pursuit of efficiency and profit, we are at risk of losing our common humanity: an attack that is as insidious as it is pervasive. Leading privacy expert Ivana Bartoletti exposes the reality behind the AI revolution, from the low-paid workers who train algorithms to recognise cancerous polyps, to the rise of data violence and the symbiotic relationship between AI and right-wing populism. Impassioned and timely, An Artificial Revolution is an essential primer to understand the intersection of technology and geopolitical forces shaping the future of civilisation, and the political response that will be required to ensure the protection of democracy and human rights.

The 2008 financial crisis marked the beginning of a prolonged and ongoing period of extreme economic turbulence that has created multiple challenges for both governments and national systems of labour administration. Difficult economic conditions are encouraging a reevaluation of established policies and institutions in the areas of labour, employment, social protection and industrial relations. This book analyses recent reforms in labour administration and national labour policies, charting their development and discussing the challenges and opportunities faced by governments, ministries of labor, labor inspectors, employer organizations and trade unions.The contributors draw upon new and original research to explore issues including labour law, public employment services, labour inspection and industrial relations. They evaluate the effectiveness of implementation, addressing questions relating to the structure and management of labour ministries, regulatory bodies and the resources that they have at their disposal. Future prospects for labor administration are also considered. This book will prove a thought-provoking read for academics, researchers and students of economics - particularly labour economics, social policy and public administration. Policy-makers and practitioners involved with labor administration at any level will also find this book to be an invaluable reference tool. Contributors: N. Countouris, M. Freedland, J. Heyes, R. Hyman, C.T. King, D. Koeltz, M. Luz Vega, L. Rychly, J.T. Weishaupt

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.

'This volume presents precisely the types of problems facing HR professionals in multinational corporations and reveals the many challenges of bridging across cultures and legal systems.' - Howard Salazar, Manager of HR Operations, Harley-Davidson Motor Company, US 'In aligning human resource management with the legal requirements in different countries, multinational corporations have to simultaneously stay true to their corporate culture and honor the distinct cultures where they do business. This volume provides deep insights for navigating this terrain in the 21st Century.' - Pat Canavan, Senior Vice President for Global Governance, Motorola Corporation (retired), US 'Leading a global HR function requires a deep appreciation of many cultures and laws, which are at the center of this important new book. Organizing the learning around tangible problems is a great approach - valuable for experienced practitioners and newly appointed HR professionals alike.' - Cheri Alexander, Vice President, HR International Operations, General Motors (retired), US Multinational corporations face considerable complexity in setting the terms and conditions of employment. Differing national laws prevent firms from developing consistent sets of employment policies, but, at the same time, employees are often expected to work closely with colleagues located in many different countries and seek comparable treatment. This critical volume offers a comprehensive analysis of how these contradictory issues are dealt with in five countries - Australia, Brazil, Germany, Japan and the United States. The authors identify six key areas that present the most typical challenges: employee voice (unionization and works councils), discrimination, privacy, wrongful dismissal, compensation and benefits administration, and global supply chain and labor standards. Working within these broad categories, legal experts from each country offer a detailed breakdown of twenty commonly confronted human resource problems and the ways in which national laws affect their solutions. Using a unique combination of primary sources, discussion questions and expert analyses, this pioneering volume provides readers with a new and intensive picture of human resource management across the world. Human resources managers and other practitioners will find this book an indispensable resource. The structure and approach make it an ideal classroom text for students of business and management, labor law and other related fields. Instructors from other than the five countries can easily supplement analysis of the problems by reference to their domestic systems, which gives this work added flexibility and relevance.

with

From the BESTSELLING Law Express revision series. Law Express Question and Answer: Employment Law is designed to ensure you get the most marks for every answer you write by improving your understanding of what examiners are looking for, helping you to focus in on the question being asked and showing you how to make even a strong answer stand out.

The Legal Aspects of Industrial Hygiene and Safety explores various legal issues that are often encountered by Industrial Hygiene and Safety managers during their careers. A description is presented of the various legal concepts and processes that often arise in the IH/S practice, including tort, contract, and administrative law. The goal is to provide IH/S managers with sufficient knowledge to be able to incorporate legal risk analysis into everyday decision-making and policy development. This book will explore the legal issues that arise in IH/S practice and will be helpful to new IH/S managers as they progress in their careers. FEATURES Explores various legal issues that are often encountered by Industrial Hygiene and Safety managers during their careers Provides insight into the legal issues and processes to IH/S managers that are traditionally only available to attorneys Improves the IH/S managers' ability to communicate complex IH/S issues to in-house counsel Presents tools and knowledge to IH/S managers so they can better consider the legal risks of the decisions they make Covers various legal concepts and processes that can arise in the IH/S practice, including tort, contract, and administrative law

The current literature regarding employment among persons with disabilities produces research results dependent on definitions of work disability, the discipline within which research takes places, the model or paradigm of disability in which the research is framed, the methodology and measures used and the cultural context in which employment occurs. This volume seeks to address those factors which have made describing, predicting and examining the work experience of a person with a disability both different and difficult. Contributors examine less frequently anaylzed aspects of employment for persons with disabilities, and offer a variety of approaches to the conceptualization of work, how they differ across cultures, organizations, and types of disability. Topics covered include examination of range of contextual framing of employment for those with disabilities, well-being, the impact of gender, poverty and education and the collection concludes by examining the future of employment developments and trends and the impacts on inclusion of people with disabilities in the paid workforce.

An increasingly popular area of study within EC law, this book provides a comprehensive introduction to EC labour law. In particular, it will take account of developments since the Maastricht Treaty and the last Inter Governmental Conference. The book will cover all the main issues and areas of EC labour law, such as equal opportunities, individual employment law, health and safety issues, collective labour law, and worker participation and consultation. The particular strength of the book will be its clear focus on EC labour law, rather than social law in general, providing the reader with a far wider perspective on the subject.

This volume provides an international perspective on parental leave policies in different countries, goes beyond this to examine a range of issues in depth, and aims to stimulate thinking about possible futures and how policy might underpin them.

This book considers the extent to which religious interests are protected at work, with particular reference to the protection against religious discrimination provided by the Equality Act 2010. It establishes a principled basis for determining the proper scope of religious freedom at work, and considers the interaction of freedom of religion with the right not to be discriminated against on grounds of religion and belief. The book locates the debates surrounding religion and belief equality within a philosophical and theoretical framework in which the importance of freedom of religion and its role within the workplace are fully debated. This second edition is fully revised and updated in the light of recent case law from the UK and the European Court of Human Rights, which deals with religious discrimination and freedom of religion.

Millions of laborers, from the Philippines to the Caribbean, performed the work of the United States empire. Forging a global economy connecting the tropics to the industrial center, workers harvested sugar, cleaned hotel rooms, provided sexual favors, and filled military ranks. Placing working men and women at the center of the long history of the U.S. empire, these essays offer new stories of empire that intersect with the "grand narratives" of diplomatic affairs at the national and international levels. Missile defense, Cold War showdowns, development politics, military combat, tourism, and banana economics share something in common-they all have labor histories. This collection challenges historians to consider the labor that formed, worked, confronted, and rendered the U.S. empire visible. The U.S. empire is a project of global labor mobilization, coercive management, military presence, and forced cultural encounter. Together, the essays in this volume recognize the United States as a global imperial player whose systems of labor mobilization and migration stretched from Central America to West Africa to the United States itself. Workers are also the key actors in this volume. Their stories are multi-vocal, as workers sometimes defied the U.S. empire's rhetoric of civilization, peace, and stability and at other times navigated its networks or benefited from its profits. Their experiences reveal the gulf between the American 'denial of empire' and the lived practice of management, resource exploitation, and military exigency. When historians place labor and working people at the center, empire appears as a central dynamic of U.S. history.

Undocumented and authorized immigrant laborers, female workers, workers of color, guest workers, and unionized workers together compose an enormous and diverse part of the labor force in America. Labor and employment laws are supposed to protect employees from various workplace threats, such as poor wages, bad working conditions, and unfair dismissal. Yet as members of individual groups with minority status, the rights of many of these individuals are often dictated by other types of law, such as constitutional and immigration laws. Worse still, the groups who fall into these cracks in the legal system often do not have the political power necessary to change the laws for better protection. In Marginal Workers, Ruben J. Garcia demonstrates that when it comes to these marginal workers, the sum of the law is less than its parts, and, despite what appears to be a plethora of applicable statutes, marginal workers are frequently lacking in protection. To ameliorate the status of marginal workers, he argues for a new paradigm in worker protection, one based on human freedom and rights.

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.

This book addresses the specific position of domestic workers in the context of evolving human rights norms.

Human rights law has somewhat belatedly begun to address the structured inequalities and exclusions that define the domain of domestic work. The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status have frequently been neglected. However, as in other areas of international law, it is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law.

Drawing upon a broad range of case studies, "Care, Migration and Human Rights" presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the CJEU 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. In addition to the question of how migration status impacts upon the effective realisation of rights, the editors also explore wider problems such as the continuing gendered division of labour and the absence of state or societal supports.

This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies."

Starting in the early 1900s, many thousands of native Filipinos were conscripted as laborers in American West Coast agricultural fields and Alaska salmon canneries. There, they found themselves confined to exploitative low-wage jobs in racially segregated workplaces as well as subjected to vigilante violence and other forms of ethnic persecution. In time, though, Filipino workers formed political organizations and affiliated with labor unions to represent their interests and to advance their struggles for class, race, and gender-based social justice. Union by Law analyzes the broader social and legal history of Filipino American workers' rights-based struggles, culminating in the devastating landmark Supreme Court ruling, Wards Cove Packing Co. v. Atonio (1989). Organized chronologically, the book begins with the US invasion of the Philippines and the imposition of colonial rule at the dawn of the twentieth century. The narrative then follows the migration of Filipino workers to the United States, where they mobilized for many decades within and against the injustices of American racial capitalist empire that the Wards Cove majority willfully ignored in rejecting their longstanding claims. This racial innocence in turn rationalized judicial reconstruction of official civil rights law in ways that significantly increased the obstacles for all workers seeking remedies for institutionalized racism and sexism. A reclamation of a long legacy of racial capitalist domination over Filipinos and other low-wage or unpaid migrant workers, Union by Law also tells a story of noble aspirational struggles for human rights over several generations and of the many ways that law was mobilized both to enforce and to challenge race, class, and gender hierarchy at work.

China s economic reforms have brought the country both major international clout and widespread domestic prosperity. At the same time, the reforms have led to significant social upheaval, particularly manifest in labour relations. Each year, several thousand disputes break out over working conditions, many of them violent, and the Chinese state has responded with both legal and political strategies.

This book investigates how Chinese governments have used law, and other forms of regulation, to govern working conditions and combat labour disputes. Starting from the early years of the Republican period, the book traces the evolution of the law of work in modern China right up to the reforms of the present day. It considers the structure of Chinese work law, drawing on both Chinese and Western scholarship to provide new insights into its unique features and assess where the law is innovative and where it is stagnant and unresponsive. The authors explore the various legal and extra-legal techniques successive Chinese governments have adopted to enforce work law and the responses of firms, workers and organizations to these practices."

Every year, over a hundred thousand workers bring claims to an Employment Tribunal. The settling of disputes between employers and unions has been exchanged by many for individual litigation. In Struck Out, barrister David Renton gives a practical and critical guide to the system. In doing so he punctures a number of media myths about the Tribunals. Far from bringing flimsy cases, two-thirds of claimants succeed at the hearing. And rather than paying lottery-size jackpots, average awards are just a few thousand pounds - scant consolation for a loss of employment and often serious psychological suffering. The book includes a critique of the present government's proposals to reform the Tribunal system. Employment Tribunals are often seen by workers as the last line of defence against unfairness in the workplace. Struck Out shows why we can't rely on the current system to deliver fairness and why big changes are needed.

Why our workplaces are authoritarian private governments-and why we can't see it One in four American workers says their workplace is a "dictatorship." Yet that number almost certainly would be higher if we recognized employers for what they are-private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers' speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. In this compelling book, Elizabeth Anderson examines why, despite all this, we continue to talk as if free markets make workers free, and she proposes a better way to think about the workplace, opening up space for discovering how workers can enjoy real freedom.