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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Employment & labour law
For this comprehensive collection, the editor has selected some of the most important labor law and economics papers today. This two-volume set tracks the development of the theoretical and empirical scholarship on labor law across a number of disciplines, bringing together traditional legal theory and labor economics, along with more recent findings in behavioral economics.The first volume begins with a broad overview of labor regulation around the world. It then offers major articles on the economics of American labor law and the welfare effects of labor regulation in the US and abroad. The second volume addresses the variety of mandated employee benefits, from minimum wages to maternity benefits and wrongful discharge laws. The collection concludes with some major papers on race and sex discrimination in employment.
The Employment Contract: Legal Principles, Drafting, and Interpretation provides a detailed analysis of the content of the employment contract. It explains the way in which the general principles of contract law operate in respect of the employment contract, discusses the significance of implied terms in interpreting the employment contract, and includes guidance on the drafting of effective employment contracts. Offering a balance between a reliable guide to the current law and an analysis of how the employment contract might develop, the book will be of equal interest to the practitioner and the academic.
This timely research review provides a comprehensive discussion of seminal articles analyzing and debating current key topics in the field of international labour law. In particular, the review focuses on the central role of the International Labour Organization (ILO) in the adoption and enforcement of labour standards, as well as the normative content of ILO Conventions forming the basis for the ILO Declaration on Fundamental Principles and Rights at Work. Professor Fick also pinpoints important articles which critically consider non-ILO mechanisms for enforcing labour standards assessing their effectiveness and practicality as well as scholarship reflecting on the future of international labour law and how it is impacted by the ILO Declaration, the dialogue on human rights and changes in the nature of the labour market in a global economic system.
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 discrimination, far from being an exceptional event, may occur quite frequently. It persists as a fact of life, less the product of evil intention than a residual effect of social history. While the insult to human dignity may be greater when prejudice is more old-fashioned and explicit, the economic consequences to the victims of discrimination are the same. Scholars are integrating this insight into their work at the same time that the organization of work itself is changing, and with it the opportunities for discriminating and resisting discrimination. Thus, the work of ending employment discrimination is changing rather than ending. This ground-breaking study of the inner workings of workplace discrimination honors the pioneering work of the late David Charny. Drawing on recent insights in such disciplines as social psychology and neuroscience, fifteen distinguished legal scholars explore the implications of these and other findings for various areas of employment policy and activity, including: affirmative action; sexual harassment; diversity policy; antidiscrimination liability schema; best practices and initiatives; the ecology of the workplace; and, employment discrimination litigation. The insightful contributions, often discomforting and even startling, offer valuable insights and sometimes workable solutions to the deep problems of stereotyping, bias, prejudice, and discrimination that continue to plague today's workplaces. The volume will be welcomed by anyone, academic or practitioner, committed to checking and halting the corrosive effects of workplace discrimination on our social fabric.
This updated edition offers a fresh approach to the law governing
employment relations, emphasizing the contemporary policy themes of
social inclusion, competitiveness, and the rights of citizenship in
the workplace. It acts as a succinct and accessible overview for
those new to the subject as well as an excellent summary for
students.
This comprehensive text provides authoritative coverage of a wide-range of employment and labour law issues affecting the Commonwealth Caribbean. It offers comparative analysis of employment and labour law in the region with particular reference to Antigua and Barbuda, Barbados, St. Lucia, Jamaica and Trinidad and Tobago. Against the backdrop of the umbilical link to English common law and the persuasive precedent of other Commonwealth jurisdictions, the authors highlight the increasing importance of this evolving area of law and the role it plays in developing Commonwealth Caribbean jurisprudence. Key topics they explore include: Employment Status and Terms of the Employment Contract Redundancy, Retrenchment and Severance Wrongful and Unfair Dismissal Industrial Action Emerging Issues such as internet usage, workplace monitoring, whistleblowing, data protection, sexual harassment" Commonwealth Caribbean Employment and Labour Law" will be an essential resource for students reading Employment, Industrial Relations and Dismissal Law courses and an invaluable reference guide for human resource, industrial relations and legal practitioners in the Caribbean."
Whether you re new to higher education, coming to legal study for the first time or just wondering what Employment Law is all about, Beginning Employment Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Employment Law module with confidence. Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary, James Marson breaks the subject of Employment Law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence. Beginning Employment Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes."
Whether you're new to higher education, coming to legal study for the first time or just wondering what Employment Law is all about, Beginning Employment Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Employment Law module with confidence. Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary, James Marson breaks the subject of Employment Law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence. Beginning Employment Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.
In 2002 the International Labour Organization issued a report titled 'Decent work and the informal economy' in which it stressed the need to ensure appropriate employment and income, rights at work, and effective social protection in informal economic activities. Such a call by the ILO is urgent in the context of countries such as India, where the majority of workers are engaged in informal economic activities, and where expansion of informal economic activities is coupled with deteriorating working conditions and living standards. This book explores the informal economic activity of India as a case study to examine typical requirements in the work-lives of informal workers, and to develop a means to institutionalise the promotion of these requirements through labour law. Drawing upon Amartya Sen's theoretical outlook, the book considers whether a capability approach to human development may be able to promote recognition and work-life conditions of a specific category of informal workers in India by integrating specific informal workers within a social dialogue framework along with a range of other social partners including state and non-state institutions. While examining the viability of a human development based labour law in an Indian context, the book also indicates how the proposals put forth in the book may be relevant for informal workers in other developing countries. This research monograph will be of great interest to scholars of labour law, informal work and workers, law and development, social justice, and labour studies.
The practice of consultation between senior managers and employee representatives has a long history in British employment relations yet has often been overshadowed by discussions on collective bargaining. In the last few decades, the importance of consultation has been elevated by two main trends: the decline in trade union membership and the retreat from collective bargaining in the private sector on the one hand, with the result that consultation may be the only form of collective employee voice available; and the programme of legislative support for consultation by the European Union since the 1970s on the other. The book charts the meaning and development of consultation in the twentieth century and explores the justifications for the practice. It shows how EU intervention to promote consultation evolved and changed, paying particular attention to the adoption of the Information and Consultation of Employees (ICE) Regulations, which became fully operational in enterprises with 50 or more employees in 2008. Analysing the half-hearted response to EU consultation initiatives by the social partners in Britain, it provides a critical assessment of successive UK governments' handling of the issue. Drawing on the authors' empirical research in twenty-five organizations, the book closely examines the take-up and impact of consultation regulations, and explores the processes involved in effective consultation. Consultation at Work looks at the dynamics of consultation and draws a contrast between 'active' consultation of the type envisaged by the EU, and more limited consultation used as a means of communication. Discussing the UK experience in comparative perspectives, it asks what has to happen for the take-up of consultation to improve and suggests the changes that should be made to the EU Directive and UK ICE Regulations.
How can I create engagement strategies that will empower employees to succeed? This book offers a practical resource for developing an effective engagement strategy aligned to business objectives. An engaged workforce is essential to the performance and success of any organization. Featuring practical tools and templates, Employee Engagement provides comprehensive coverage of all stages of the engagement process, from planning initiatives to building and measuring their success. This updated third edition presents engagement strategies that account for recent workplace developments, from remote working to creating psychological safety. It also includes updates on the evolving technology trends that impact engagement and guidance on how to create strategies that are inclusive of all employees. With examples and case studies from organizations such as AXA PPP Healthcare, EDF Energy and Marks & Spencer, Employee Engagement is essential reading for HR students and professionals. Online supporting resources include diagnostic tools, templates and additional best-practice case studies. HR Fundamentals is a series of succinct, practical guides featuring exercises, examples and case studies. They are ideal for students and those in the early stages of their HR careers.
Occupational Safety and Health for the Young Professional provides a compelling and comprehensive-yet easy-to-read-guide for students and aspiring professionals looking to work in the field of occupational safety and health (S&H). Each chapter will present information on key S&H ideas, principles, and regulations in an engaging manner. This title is a novel resource for students and alike. Each chapter includes a fictional narrative that describes a workplace incident illustrating the importance of S&H in the workplace and encouraging the reader to learn about incident prevention programs. In addition, every chapter presents applicable OSHA regulations in a clear and concise manner. Finally, each chapter will be concluded with review questions to reinforce key points.
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.
This book investigates the struggles for hegemony, and a possible 'crisis of crisis management' at the core of Italy's political economy. With a specific focus on the conflict over the 2012 labour market reform, the book also explores the country's trajectory in the area of economic and social reproduction. It presents a framework for critical policy analysis that draws on cultural political economy and explores its potential synergies with complementary approaches such as historical materialist policy analysis and critical discourse analysis. Readers will gain an understanding of crisis dynamics in the aftermath of 2008, and insights into related political reactions. The book will also help them develop the analytical tools needed to make sense of these puzzling phenomena.
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.
The enlargement of the EU in 2004 and 2007 has led to greatly increased free movement of workers from 'new' to 'old' member states. The unprecedented scale of this migration has had a profound impact on the regulation of labour law in Europe. This book compares the ways trade unions have responded to the effects of the enlargements, and in particular to the increased migration of workers across borders. It undertakes a contextualised comparison of trade union responses in Austria, Germany, Ireland, Sweden and the UK, and examines the relationship between trade unions and labour law at a national and European level. This analysis illustrates how trade unions can use law to better respond to changing regulatory and opportunity structures, and indicates the kinds of laws that would benefit trade unions at a national and European level.
Capital, Labor, and State is a systematic and thorough examination of American labor policy from the Civil War to the New Deal. David Brian Robertson skillfully demonstrates that although most industrializing nations began to limit employer freedom and regulate labor conditions in the 1900s, the United States continued to allow total employer discretion in decisions concerning hiring, firing, and workplace conditions. Robertson argues that the American constitution made it much more difficult for the American Federation of Labor, government, and business to cooperate for mutual gain as extensively as their counterparts abroad, so that even at the height of New Deal, American labor market policy remained a patchwork of limited protections, uneven laws, and poor enforcement, lacking basic national standards even for child labor.
In recent years new or experimental approaches to governance in the EU, namely the Open Method of Coordination (OMC), have attracted great interest and controversy. This book examines the European Employment Strategy (EES) and its implementation through the OMC, exploring the promises and limitations of the EES for EU social law and policy and for the safeguard of social rights. This significant and timely work offers new insights and fresh perspectives into the operation of New Governance and its relationship with both European and national law and constitutionalism. This book will be of great interest to academics, researchers and postgraduate students working in European law - specifically in the field of EU employment law and gender equality - and European governance studies in general.
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.
How Journalism Uses History examines the various ways in which journalism uses history and historical sources in order to better understand the relationships between journalists, historians and journalism scholars. It highlights the ambiguous overlap between the role of the historian and that of the journalist, and underlines that there no longer seems to be reason to accept that one begins only where the other ends. With Journalism Studies as a developing subject area throughout the world, journalism history is becoming a particularly vivacious field. As such, How Journalism Uses History argues that, if historical study of this kind is to achieve its full potential, there needs to be a fuller and more consistent engagement with other academics studying the past: political, social and cultural historians in particular, but also scholars working in politics, sociology, literature and linguistics. Contributors in this book discuss the core themes which inform history's relationship with journalism from a wide range of geographical and methodological perspectives. They aim to create more ambitious conversations about using journalism both as a source for understanding the past, and for clarifying ideas about its role as constituent of the public sphere in using discourse and tradition to connect contemporary audiences with history. This book was originally published as a special issue of Journalism Practice.
Key Cases is the essential companion for anyone studying
undergraduate law, including LLB, ILEX and post-graduate conversion
courses.
Safety professionals communicate, directly and indirectly with a large number of employees and others on a daily basis. While not lawyers, they regularly deal with legal issues. A subset of their responsibilities includes how to discuss safety without crossing the discriminatory line. To do this, they need an understanding of discrimination laws. Discrimination Law Issues for the Safety Professional gives them exactly that. It provides general knowledge of the laws and regulations that offer protection to employees and individuals against discrimination in the workplace. Created by safety expert Thomas Schneid, specifically for safety professionals, the book takes a proactive approach to identifying situations where potential discrimination against an employee or individual may occur, and supplies guidance on how to take immediate action to address the potential discriminatory situation. Schneid also identifies "red flag" situations where potential discrimination against an employee or individual may surface and safety professionals should proceed with caution. Once they can recognize these red flags, they can take immediate action to address the potential discriminatory situation. Although many texts address discrimination in the workplace, very few, if any, educate individuals and employers on how to prevent" "acts and omissions in the workplace that can result in discrimination from a safety perspective. With the multitude of laws and regulations addressing the prohibition of discrimination in the workplace, often legal actions result from individuals and employers simply not being knowledgeable in the requirements of the law. Written in clear, plain language, not legalese or business speak, this book delineates the procedures that safety professionals need to know in the area of labor, employment, and other laws impacting the safety function.
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.
How do practitioners draft a contract of employment that is both comprehensive and comprehensible? One that covers necessary complexities but is clear? Save time and money by following the tried and tested guidance and clauses in Drafting Employment Contracts. This invaluable book offers practical and thorough coverage both as a tool to draft employment contracts and also as a guide for creating policy and executing it. Fully updated, this new third edition includes new precedents on checks on job applicants, a new policy on whistle blowing and also covers: * major changes on sickness and absence * changes to the law and case law on maternity, paternity and shared maternity leave * new flexible working rights * changes to drafting of email internet abuse and social networking policies * new case law includes: status of worker; whether refusing time off to attend religious festivals constitutes indirect religious discrimination; travel abroad and employer's duty of care and guidance. |
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