The Covid, climate and cost of living crises all hang heavy in the air. It's more obvious than ever that we need radical social and political change. But in the vacuum left by defeated labour movements, where should we begin? For longtime workplace activist Ian Allinson, the answer is clear: organising at work is essential to rebuild working-class power. The premise is simple: organising builds confidence, capacity and collective power - and with power we can win change. Workers Can Win is an essential, practical guide for rank-and-file workers and union activists. Drawing on more than 20 years of organising experience, Allinson combines practical techniques with an analysis of the theory and politics of organising and unions. The book offers insight into tried and tested methods for effective organising. It deals with tactics and strategies, and addresses some of the roots of conflict, common problems with unions and the resistance of management to worker organising. As a 101 guide to workplace organising with politically radical horizons, Workers Can Win is destined to become an essential tool for workplace struggles in the years to come.

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 examines countries that have tried, with varying degrees of success, to use legislative strategies to encourage and support collective bargaining, including Australia's Fair Work Act. It is the first major study of the operation and impact of the new collective bargaining framework introduced under the Fair Work Act, combining theoretical and practical perspectives. In addition, a number of comparative pieces provide rich insights into the Australian legislation's adaptation of concepts from overseas collective bargaining systems - including good faith bargaining, and majority employee support as the basis for establishing bargaining rights. Contributors to this volume are all leading labor law, industrial relations, and human resource management scholars from Australia, and from Britain, Canada, New Zealand and the United States.

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

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 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.

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.

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.

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.

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 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.

Every day, workers are injured, made ill, or killed on the job. Most often, workers experience these harms individually and in isolation. Particular occurrences rarely attract much public attention beyond, perhaps, a small paragraph in the local newspaper. Instead, these events are normalized. This membrane of normalcy, however, is ruptured from time to time, especially after a disaster. This edited collection draws together original case studies written by leading researchers in Australia, Canada, Great Britain, Sweden, and the United States that examine the politics of working disasters. The essays address two fundamental questions: what gets recognized as a work disaster? And how does the state respond to one? In some instances, it seems self-evident that a disaster has occurred. For example, when a mine explodes killing tens or hundreds of workers simultaneously, the media and politicians recognize that this is not just a personal tragedy for the families of the victims, and that more troubling questions need to be asked about how this could happen. In other circumstances, however, the process that determines what gets recognized as a disaster is much more complicated. "Working Disasters" addresses the politics of recognition in case studies of the long-haul trucking industry, repetitive strain injuries, and lung disease in miners. Once it has recognized that a working disaster has occurred, the state typically goes beyond its routine responses to the daily toll of work-related deaths and injuries. Inquiries may be initiated to review the adequacy of regulatory systems and laws may be amended. Sometimes disasters produce meaningful change, but often they do not. In this text, the politics of response is considered in studies of a factory fire, the loss of an offshore oilrig, lung disease among miners, a mine explosion, and the prosecution of health and safety offences. This book will be of use to occupational health and safety activists and professionals; academics and upper-year students in: industrial relations, labour studies, labour history, law, political science, and sociology.

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.

As genetic technologies advance, genetic testing may well offer the prospect of detecting the onset of future disabilities. Some research also forwards that certain behavioural profiles may have a strong genetic basis, such as the determination to succeed, or the propensity for risk-taking. As this technology becomes more prevalent, there is a danger that genetic information may be misused by third parties and that particular genetic profiles may be discriminated against by employers, by providers of social goods and services, such as insurance companies and even by educational facilities. This book explores the different forms and potential uses of genetic testing. Drawing together leading experts in disability law, bioethics, health law and a range of related fields, it highlights the ethical and legal challenges arising as a result of emerging and rapidly advancing genetic science. On examining transatlantic perspectives on the matter, chapters in the book ask whether the US Genetic Information Nondiscrimination Act (GINA) is proving to be an effective tool in addressing the issue of genetic discrimination and alleviating fears of discrimination. The book also reviews what insights may be gained from GINA within employment and health insurance contexts, and asks how the UN Convention on the Rights of Persons with Disabilities (CRPD) may impact similar debates within the European Union. The book focuses particularly on the legislative and policy framework in the European Union, with an emphasis on the gaps in protection and the scope for specific legislative action in this area. This book will be of great interest to scholars and students of discrimination law, bioethics and disability law, and will be of considerable use to legal practitioners, medical practitioners and policy-makers in this area.

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.

News of a merger or acquisition is a big event in the life of a company, which stirs uncertainty, anxiety and fear. The changes, redundancies and so on, that often follow this news, are a further source of turmoil for the employees of both companies involved. There is no magic formula to avoid these effects completely. However, good planning, communication and human resource practice can mitigate the worst of them; keep everyone that matters on board; and ensure that the new organization maintains your reputation for sensitive people management. Get it wrong, on the other hand, and you may lose the very people you were most anxious to keep; put the success of the process at risk and even face employment tribunals or other legal proceedings. In addition, imagine how these processes are complicated by any transnational elements. James F. Klein and Robert-Charles Kahn provide a practical, hands-on guide to successfully integrating HR functions following any merger or acquisition within Europe. The book guides you step by step, providing the methodology, tools, sequence of events and necessary material. It includes comparative tables, tips and stories illustrating the differences, specific issues and pitfalls that are particular to the different European countries. 20 years of human resources experience across companies in continental Europe has gone into creating this blueprint to successfully implementing the people side of successful mergers and acquisitions.

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.

There has been an enormous expansion of individual employment rights in Britain but their practical impact in terms of delivering fairer workplaces can be questioned. Taking as its starting point the widespread acknowledgement of problems with the major enforcement mechanism, the Employment Tribunals, this collection brings together experts from law, sociology and employment relations to explore a range of alternative regulatory and non-regulatory approaches to enforcement and to securing compliance and to consider factors affecting variation in the extent to which legal rights have meaning and impact at the workplace. Thus this book addresses issues key to contemporary policy and academic debate. Chapters discuss the growth in employment rights and their enforcement mechanisms (Gillian Morris), problems with the employment tribunal system and the current and potential role of alternative dispute resolution (Linda Dickens); reflect on the long experience of enforcement of equality rights (Bob Hepple) and agency enforcement of health and safety legislation under the 'better regulation' agenda (Steve Tombs and David Whyte); evaluate the potential of various 'reflexive law' mechanisms, including corporate governance (Simon Deakin, Colm McLaughlin and Dominic Chai), and of procurement (Christopher McCrudden) as strategies for delivering fairness at the workplace. Factors influencing how statutory rights shape workplace practice are illuminated further in chapters on trade unions and individual legal rights (Trevor Colling), the management of employment rights (John Purcell) and regulation and small firms (Paul Edwards).The opening chapter (Dickens) makes the case for addressing issues of enforcement and compliance in terms of adverse treatment at work, while the final chapter (Dickens) considers why successive governments have been reluctant to act and outlines steps which might be taken - were there sufficient political will to do so - to help make employment rights effective in promoting fairer workplaces.

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.

Organizing Matters demonstrates the interplay between two distinct logics of labour's collective action: on the one hand, workers coming together, usually at their place of work, entrusting the union to represent their interests and, on the other hand, social bargaining in which the trade union constructs labour's interests from the top down. The book investigates the tensions and potential complementarities between the two logics through the combination of a strong theoretical framework and an extensive qualitative case study of trade union organizing and recruitment in four countries - Austria, Germany, Israel and the Netherlands. These countries still utilize social-wide bargaining but find it necessary to draw and develop strategies transposed from Anglo-American countries in response to continuously declining membership. Trade unionists and scholars will find this a compelling story of organizing, narrated in the voice of organizers, trade union officials and local observers. This is a source for reflection on the daily hardship and strategic goals of organizing. Theorists will be able to utilize the two logics for explaining ongoing challenges for trade unions' revitalization worldwide.

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.

Unfair Discrimination in the Workplace cogently explains the meaning of unfair discrimination and the law on harassment and medical, HIV and psychological testing. The book analyses employer liability for employee discrimination, dispute resolution, prevention of unfair discrimination, the legal defences to a claim of unfair discrimination, and gives examples of dispute resolution procedures. Chapters set out the labour law, constitutional law and international codes for each topic covered in the book. The reader is provided with extracts from case law, conventions and codes of good practice grouped with each type of unfair discrimination. Unfair Discrimination in the Workplace also contains relevant case studies which illustrate commonly encountered discrimination problems and their practical solutions. The amendments to the EEA are taken into account. An extract from the February 2014 draft regulations to the EEA is provided as an Appendix to the book.

This book is driven by a quest to re-regulate work to reduce informality and inequality, and promote a living wage for more people across the world. It presents the findings of a multidisciplinary study in four countries of varying wealth and development, exploring why people become trapped in precarious work. The accounts describe the impact of supply chain governance, trade agreements, internal and between-country migration, legal factors, as well as the socio-economic characteristics and outlooks of the workers. In a unique approach, the chapters describe existing labour regulation measures that have succeeded, but which have to date attracted little scholarly attention. Building on these existing innovations, the book proposes a new international labour law which would incrementally increase the wages of the poor and regulate precarious work in global supply chains.

Strategies in Workers' Compensation, written with the healthcare medical professional in mind, describes the nuts and bolts of workers compensation. The book details the history, laws, various stakeholders, costs, and problems encountered by healthcare providers. An emphasis is placed on the "difficult patient" with regard to management techniques for doctors, insurance companies, and employers. In addition, Strategies in Workers' Compensation offers reference material to aid in understanding the complex workers' compensation system. Human resource professionals, insurance adjusters, case managers, and nurses will find the information contained in this book useful in confronting the myriad of problems that arise within their respective fields. This book is a valuable resource for anyone who deals with the injured worker.

This indispensable guide to employment tribunals has been completely updated and revised. It provides detailed coverage of the legal and procedural issues involved in bringing a case to an employment tribunal both from the claimant and respondent perspective.The third edition includes: - the repeal of the statutory dispute resolution procedures in 2009 - the replacement of the 2004 Rules with the 2013 Rules - the discontinuance of fees as a result of the Supreme Court decision in R (on the application of Unison) v Lord Chancellor [2017] UKSC 51 - the introduction of ACAS Early Conciliation - the increased use of Presidential Guidance and Practice Directions. This guide is ideal for use in tribunals and includes: - a model case that runs throughout the book, illustrating and clarifying the points made - chapters devoted to the different stages of a tribunal case from both claimant and respondent perspectives and checklists to assist in preparation and promote good practice - appendices setting out the most frequently used tribunal precedents and guidance.