If you are a HR/line manager or seeking flexible working and wanting guidance on what to expect, this book is for you. The book covers: descriptions and suitability of the main types of flexible working; the legal implications; the procedure for requests,consideration and responses and permitted reasons for refusal; and, advice on adopting a flexible working policy and putting it into practice. In the Speed Read series: this book is affordable and concise. It includes top tips, real life examples from voluntary organisations, checklists to help decide on a suitable policy and clear pointers to other sources of information.

Recent years have witnessed a rapidly growing interest in the use and construction of "qualitative" indicators of labour standards. This is likely attributable to several factors: the rise of "socially responsible" investment, ongoing debates on the effects of labour standards on international competitiveness, and the sense that traditional quantitative indicators of labour standards are too narrow in scope to adequately capture the wide-ranging and inherently qualitative nature of many aspects of labour standards. Qualitative indicators, while generally having numerical values, are based on such methods as grading by experts, the coding of legislation, and the coding of other textual sources addressing violations of a more de facto nature. Measuring compliance with labour standards is an undertaking intrinsically fraught with difficulty. For there are a number of possible sources of measurement error, both random and non-random, that are unique to such indicators, on top of those that affect qualitative and quantitative indicators alike. The growing use of qualitative indicators of labour standards thus raises a number of questions about comparative methods of construction as well as the appropriateness of particular methods for particular applications. This volume results from a seminar that was organized to address these and related questions.

On the 50th anniversary of the landmark Civil Rights Act of 1964, Raymond F. Gregory evaluates our progress towards the full implementation of one of the law's key provisions: Title VII, which prohibits discrimination in the workplace. Gregory looks at key litigation as the law has come to include discrimination based on more than just race, but on gender, age, ethnicity, and sexual orientation. From the segregationist policies of the past to lingering workplace oppression in the form of sexual harassment, age discrimination, and religious conflicts, the places we work have always been the scenes of some of our greatest civil rights battles, with continued discriminatory issues and challenges routinely on their most visible display. This study of the landmark cases, rulings, and debates surrounding workplace discrimination of all kinds sheds light on the cultural tensions we grapple with in America, and on the broader history of oppression suffered, recognized, and overcome, in the 50 years since this country passed its Civil Rights Act.While a detailed history of the legal history of civil rights and America's workplace discrimination, this book also outlines positive ways forward for our society as we continue to diversify and redefine what it means to be respectful of our fellow citizens' most inalienable, protected, and sacred rights.

This book explores the political and philosophical underpinnings of exclusion and social injustice in India. It examines social movements, anti-caste uprisings, reformers like Ambedkar and Narayana Guru and writers like Foucault and Serres to establish a link between the political and social milieu of the idea of nationhood. Going beyond the legal framework of justice, the essays in the volume reassemble the social from popular perception and the margins, and challenge Rawlsian and Eurocentric paradigms which have dominated discourse on social injustice. The volume also draws on instances of history as well as contemporary issues, as well as locating them in the context of social and post-colonial theory. An intellectually stimulating yet subaltern engagement with the idea of justice, the volume will be of great interest to scholars and researchers of social theory, law, modern South Asian history and social exclusion and discrimination studies.

This book draws upon nearly seven decades of first-hand experiences from the ground to understand social exclusion, and movements and efforts for social justice in India. The author, a renowned champion of social justice for deprived social classes, delves into the roots of discrimination in Indian society as well as explains why caste discrimination still persists and how it can be effectively countered. The volume: examines the caste system and its socio-economic ramifications from the perspective of Dalits, and Socially and Educationally Backward Classes; explores the nuances of the Gandhi-Ambedkar debate on the status and liberation of Dalits and synthesis of the approaches of Gandhi, Ambedkar, Narayana Guru and Marx in resolving certain key issues; analyses legal, economic, social and cultural frameworks to understand caste system and related concepts such as 'untouchability', atrocities, reservation, etc. in contemporary India; and provides practical insights into the Constitution-based comprehensive measures required to remedy the consequences of caste system and establish social equality in a holistic manner. The book will interest scholars and researchers of social exclusion and social justice, Dalit, Adivasi and Backward Classes studies, sociology and social anthropology, politics, law and human rights, as well as policy-makers, think tanks and NGOs in the field.

There is much to understand about employment discrimination law as a social system. What drives the growing trend toward litigation? To what extent does discrimination persist and why does it vary by organizational and market context? How do different groups perceive discrimination and what, if anything, do they do about it? How do employers respond to discrimination law? What is the effect of broader political and legal currents? What is the relationship between anti-discrimination law and social inequality? This book presents answers, from a distinguished group of scholars, and social scientists, offering a broad reconsideration of employment discrimination and its treatment in law.

As intellectual property becomes ever more central to modern firms, the role of employer-employee relationships in intangible asset management has also evolved. Professors Oswald and Pagnattaro tackle this important topic in a rich and diverse new book. Through a series of intellectually robust chapters written by noted experts, they consider employees from the perspective of knowledge generators, team members with mobility rights, liability risks and even information misappropriators. The analysis and advice one derives is timely, creative and often surprising. I believe that Managing the Legal Nexus Between Intellectual Property and Employees is an essential read for attorneys, managers and investors who want to remain competitive in today's global business environment. And educators will find it an important reference for training future business leaders.' - Daniel R. Cahoy, Penn State University, USThe explosion in intellectual capital coincides with a growing understanding of the importance of human capital to the firm. Managing the Legal Nexus Between Intellectual Property and Employees: Domestic and Global Contexts highlights some of the most critical contemporary issues occurring at the intersection of intellectual property law, employment law, and global trade. In addition to the legal dimensions, the book tackles issues of strategy and decision-making for businesses. The contributors discuss the use of employment contracts to protect intellectual property, ownership of intellectual property created by employees, officer liability issues relating to infringement, post-employment confidentiality and non-compete agreements, and inadvertent or deliberate misappropriation of trade secrets. The discussion of key topics in intellectual property law in the US and abroad makes this a valuable resource for both academics and practitioners worldwide. Business managers, government employees, and intellectual property owners will appreciate its timely and cutting-edge analysis. Contributors: R. Bird, N.C. Bishara, E. Brown, R.M. Lorentz, J.M. Magid, S. Marsnik, D. Orozc, L.J. Oswald, M. Pagnattaro, S. Park, J.D. Prenkert, C.M.C. Westphal

The global financial crisis and recession have placed great strains on the free market ideology that has emphasized economic objectives and unregulated markets. The balance of economic and noneconomic goals is under the microscope in every sector of the economy. It is time to re-think the objectives of the employment relationship and the underlying assumptions of how that relationship operates.
"Invisible Hands, Invisible Objectives" develops a fresh, holistic framework to fundamentally reexamine U.S. workplace regulation. A new scorecard for workplace law and public policy that embraces equity and voice for employees and economic efficiency will reveals significant deficiencies in our current practices. To create one, the authors--a legal scholar and an economics and industrial relations scholar--blend their expertise to propose a comprehensive set of reforms, tackling such issues as regulatory enforcement, portable employee benefits, training programs, living wages, workplace safety and health, work-family balance, security and social safety nets, nondiscrimination, good-cause dismissal, balanced income distributions, free speech protections for employees, individual and collective workplace decision-making, and labor unions.
"Invisible Hands, Invisible Objectives" is not just another book that sketches a reform agenda. The book provides the much-needed rubric for how we think about employment policy specifically, but also economic policy more generally. It is a must-read in these most critical times.

This book, through empirical case studies, reconstructs the principles of legal regulation in the intermediate field, thereby facilitating the understanding of the functional distinction between contract law and tort law. The intermediate field with fuzzy borderlines between contract law and tort law emerges as their regulatory functions have expanded. It takes two forms, namely the fuzzy and overlapping field. The institutional reason for the emergence lies in their overlapping functions. From a comparative perspective, this book contends that civil liability, as a normative remedy for rights and interests, should be separated from general law of obligations to construct a uniform norm of liability. In the case of diversified liability forms, a uniform system of civil liability should be constructed with the consequence model based on liability integration. As such, it contributes to restoring the functional foundations of liability that have been alienated, avoiding the intermediate field, and achieving integrated effects and uniform liability. Unlike the traditional research which focuses on the concurrent liabilities of contract and tort law, this book is the first to examine and propose the systemization of regulation in the intermediate field between contract law and tort law and hence a theoretical contribution to Chinese civil law and comparative law scholarship. While the Chinese Civil Code is coming into force, the book is conducive to the understanding of the cutting-edge research of Chinese civil law for the international community and provide fruitful materials for exploring both the advantages and drawbacks of the code.

Lifetime Disadvantage, Discrimination and the Gendered Workforce fills a gap in the literature on discrimination and disadvantage suffered by women at work by focusing on the inadequacies of the current law and the need for a new holistic approach. Each stage of the working life cycle for women is examined with a critical consideration of how the law attempts to address the problems that inhibit women's labour force participation. By using their model of lifetime disadvantage, the authors show how the law adopts an incremental and disjointed approach to resolving the challenges, and argue that a more holistic orientation towards eliminating women's discrimination and disadvantage is required before true gender equality can be achieved. Using the concept of resilience from vulnerability theory, the authors advocate a reconfigured workplace that acknowledges yet transcends gender.

Set against the backdrop of the U.S. experience, Power, Politics, and Principles uses a transnational perspective to understand the passage and long-term implications of a pivotal labour law in Canada. Utilizing a wide array of primary materials and secondary sources, Hollander gets to the root of the policy-making process, revealing how the making of P.C. 1003 in 1944, a wartime order that forced employers to the collective bargaining table, involved real people with conflicting personalities and competing agendas. Each chapter of Power, Politics, and Principles begins with a quasi-fictional vignette to help the reader visualize historical context. Hollander pays particular attention to the central role that Mackenzie King played in the creation of P.C. 1003. Although most scholars describe the Prime Minister's approach to policy decisions as calculating and opportunistic, Power, Politics, and Principles argues that Mackenzie King's adherence to moderate principles resulted in a less hostile legal environment in Canada for workers and their unions in the long run, than a more far-reaching collective bargaining law in the United States.

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.

Telling the crucial and under-studied story of the U.S. legal doctrines that underpin the dispossession and domination of Indigenous peoples, this book intends to enhance global Indigenous movements for self-determination. In this wide-ranging historical study of federal Indian law-the field of U.S. law related to Native peoples-attorney and educator Peter P. d'Errico argues that the U.S. government's assertion of absolute prerogative and unlimited authority over Native peoples and their lands is actually a suspension of law. Combining a deep theoretical analysis of the law with a historical examination of its roots in Christian civilization, d'Errico presents a close reading of foundational legal cases and raises the possibility of revoking the doctrine of domination. The book's larger context is the increasing frequency of Indigenous conflicts with nation-states around the world as ecological crises caused by industrial extraction impinge drastically on Indigenous peoples' existences. D'Errico's goal is to rethink the role of law in the global order-to imagine an Indigenous nomos of the earth, an order arising from peoples and places rather than the existing hegemony of states. Combines a deep theoretical analysis of the law with historical perspective Argues that federal Indian law is an exception from regular legal processes Offers a global Indigenous perspective on human civilization Provides analysis from an attorney and educator with decades of experience in federal Indian law

In keeping with past editions, the purpose of the Dispute resolution digest 2015 is to report on the state of dispute resolution in South Africa. The contents consist of a mix of opinions by respected experts and statistical analysis of hard data in dispute information gathered from the reports and case management records of the Labour court, CCMA, Bargaining councils and Tokiso. The purpose of this annual undertaking is to improve our collective understanding of how well the dispute resolution systems and institutions are working. The Digest contains a considerable collection of data and analysis over the years. It is pleasing to report evidence of further improvements in the efficiencies of all of the dispute resolution institutions: The Labour court, CCMA, Bargaining councils and Tokiso.

Modern Employment Law covers all aspects relating to the employment relationship between employer and employee at both individual and collective levels. All chapters are absorbing and exact, with nuanced topics such as unfair dismissal, discrimination and trade union law being explored from several different angles. Pedagogical features such as Thinking points and Further reading sections enable students to consolidate and extend their knowledge. Though primarily aimed at LLB students, this book offers a wide-ranging, accurate, authoritative, contemporary and readable guide to modern employment law for all students of the subject, at both undergraduate and postgraduate level. Although a collaborative effort, each author focused on specific areas of employment law. Ann Lyon examined the statutory rights of employees including topics such as redundancy, unfair dismissal and discrimination and equal pay issues. Charles Barrow had primary responsibility for the introduction, the majority of the contract of employment chapters and the collective aspects of employment law.

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.

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.

The Enterprising Musician's Guide to Performer Contracts is an empowering resource that provides detailed, plain-language explanations of the clauses commonly found in legal agreements such as engagement (gig) contracts, artist-management contracts, and producer agreements. Musicians from all musical styles will be able to decipher contracts offered to them and improve terms to their benefit. In clear detail, David Williams dissects the most common clauses in performer contracts, revealing how to avoid pitfalls and properly amend content to address each musician's needs. Seasoned performers, emerging artists, and music students of all levels will find this handy volume an invaluable compendium of conflict-free guidance as they navigate their careers in the music industry.

This text compares the corporate governance structures of the US quoted company and its European equivalent and the role which employees, as non-shareholding stakeholders, hold within those structures. It focuses on the incidents of ownership normally exercised by stakeholders and raises questions regarding different responses to the issue of mandated labor market regulation on both sides of the Atlantic. The text considers theoretical and practical issues raised in this context.

Worker Injury Third Party Cases: Recognizing and Proving Liability is a practical resource that helps lawyers and others identify viable third party theories of liability in worker injury cases. It helps attorneys make what is perhaps their most important economic decision - knowing when to accept and when to reject a new case. This book provides information to help both plaintiff and defense attorneys recognize the strengths and weaknesses of their case. It aims to reinforce the notion that litigation is truly a search for truth and justice. Part I provides an understanding of what should be done to implement the overall job site safety program. Parts II and III aid in identifying and preparing injury cases related to construction and premise cases Part IV should be helpful in products cases. Part V includes chapters of general interest. Many chapters include lists of questions which can be used in deposition or cross examination of defendants and experts. It serves as a practical resource for all parties in a wide variety of worker injury cases.

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.

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.

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.

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

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.