The ongoing austerity crisis is being felt in all sectors of EU law, but has had a particularly severe impact on labour law. Silvana Sciarra, a leading judge and scholar of EU employment law, considers how solidarity regimes have been shaken by the crisis. She brings together existing European policies in social and employment law, to enhance synergies and developments in a post-crisis discourse. She looks at reactions of national constitutional courts to austerity measures and of international organizations in re-establishing respect of fundamental workers' rights. Criticizing soft law approaches in employment policies, she favours recourse to binding measures connected with selective financial incentives through European funds. She highlights developments in European sector social dialogue and new horizons of transnational collective bargaining in large multinationals. Taking a positive, practical approach, Sciarra shows how social policies can enhance solidarity and social cohesion, through European financial support.

Using an interdisciplinary lens, this book innovatively explores the conflicts and shifting boundaries in organisational, professional, legal and economic structures, caused by the rise of the gig economy. The dynamic structural model of the gig economy is introduced to interrogate the inner workings of the amorphous gig economy at the Macro, Meso and Micro levels of analysis. Conflict and Shifting Boundaries in the Gig Economy examines a range of tensions and issues, including; The future of trade unions in the gig economy Employment status and contractual arrangements Talent management in the gig economy Employee voice and whistleblowing Career choices and organisational attractiveness Trajectory and impact at macro economic levels. Organisational examples and a focus on the perspective of those engaged in gig work introduce new insights and research questions on the current and future challenges posed by the gig economy, alongside using the structural dynamic model as a tool to understand actors and organisational experiences and build appropriate interventions.

Offering comprehensive coverage of all the key aspects of individual and collective employment law in a clear and accessible way, Employment Law is ideal for both LLB and HRM students. Packed with a wealth of case law and legislation, this book will enable you to fully understand the intricacies of this fast-changing subject with ease. With features such as chapter summaries and further reading suggestions, Employment Law is well suited to support you in your studies. The eighth edition has been fully updated to include coverage of the latest legislative and case law developments, including: Issues around shared parental leave The national living wage Legal developments in the area of non-standard work

This book discusses doing business and making profit on the right side of the law. It explores the role of aligning business and legal strategies, and using the law as a powerful tool in making businesses successful. In this unique book, the author draws on his experience teaching future business leaders at the IIM Ahmedabad for more than a decade. Numerous case studies from across the globe and involving top-notch companies are discussed from both the business leadership and legal perspective, with takeaways included at the end. Intended for senior managers who would prefer to have the law as their friend, philosopher and guide, the book offers analyses of judgments from various courts, but mainly from the Supreme Court of India and the US Supreme Court, and provides judicial finality on several issues commonly faced by business leaders. As such, it serves as a valuable reference guide for senior business managers aspiring to take on top leadership positions.

Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it? One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.

Das Buch zeigt praxisnah die vielen Besonderheiten auf, die es zu beachten gilt, um Arbeitnehmer in Frankreich rechtssicher einzustellen, Arbeitsvertrage zu beenden oder Mitarbeiter von oder nach Frankreich zu entsenden. Die Autorinnen, beide Expertinnen im deutsch-franzoesischen Arbeitsrecht, erlautern die speziellen Merkmale des franzoesischen Personalwesens und zeigen, wie sich Risiken im HR-Management beherrschen und unnoetige Kosten vermeiden lassen. UEbersichtlich und verstandlich beschreibt das Werk alle wesentlichen Aspekte der arbeitsrechtlichen Praxis von der Anstellung eines ersten Mitarbeiters uber sozialversicherungs- und steuerrechtliche Fragen sowie den Umgang mit Betriebsrat und Gewerkschaften bis zur Beendigung von Arbeitsverhaltnissen durch Kundigung oder Aufhebungsvertrag mit den vielfaltigen, auch formalen Besonderheiten.

The Uber-ization of the classroom and what it means for faculty. One of the most significant trends in American higher education over the last decade has been the shift in faculty employment from tenured to contingent. Now upwards of 75% of faculty jobs are non-tenure track; two decades ago that figure was 25%. One of the results of this shift-along with the related degradation of pay, benefits, and working conditions-has been a new push to unionize adjunct professors, spawning a national labor movement. Professors in the Gig Economy is the first book to address the causes, processes, and outcomes of these efforts. Kim Tolley brings together scholars of education, labor history, economics, religious studies, and law, all of whom have been involved with unionization at public and private colleges and universities. Their essays and case studies address the following questions: Why have colleges and universities come to rely so heavily on contingent faculty? How have federal and state laws influenced efforts to unionize? What happens after unionization-how has collective bargaining affected institutional policies, shared governance, and relations between part-time and full-time faculty? And finally, how have unionization efforts shaped the teaching and learning that happens on campus? Bringing substantial research and historical context to bear on the cost and benefit questions of contingent labor on campus, Professors in the Gig Economy will resonate with general readers, scholars, students, higher education professionals, and faculty interested in unionization. Contributors: A. J. Angulo, Timothy Reese Cain, Elizabeth K. Davenport, Marianne Delaporte, Tom DePaola, Kristen Edwards, Luke Elliott-Negri, Kim Geron, Lorenzo Giachetti, Shawn Gilmore, Adrianna Kezar, Joseph A. McCartin, Gretchen M. Reevy, Gregory M. Saltzman, Kim Tolley, Nicholas M. Wertsch

The management of religious and ideological diversity remains a key challenge of our time - deeply entangled with debates about the nature of liberal democracy, equality, social cohesion, minorities and nationalism, security and foreign policy. This book explores this challenge at the level of the workplace in Europe. People do not surrender their religion of belief at the gates of their workplace, nor should they be required to do so. But what are the limits of accommodating religious belief in the workplace, particularly when it clashes with other fundamental rights and freedoms? Using a comparative and socio-legal approach that emphasises the practical role of human rights, anti-discrimination law and employment protection, this book argues for an enforceable right to reasonable accommodation on the grounds of religion and belief in the workplace in Europe. In so doing, it draws on the case law of Europe's two supranational courts, three country studies -Belgium, the Netherlands and the UK - as well as developments in the US and Canada. By offering the first book-length treatment of the issue, it will be of significance to academics, students, policy-makers, business leaders and anyone interested in a deeper understanding of the potentials and limits of European and Western inclusion, freedom and equality in a multicultural context. Awarded an honourable mention from the International Academy of Comparative Law for the 2018 Canada Prize!

The very existence of an employment relationship places the human rights of a worker at risk. Employers can, and frequently do, exercise their managerial and disciplinary powers in a manner that interferes with the most fundamental rights of the individual worker. Adequate safeguards against such infringements are necessary if individuals are to receive full protection of their rights. This book examines how far the labour laws of England and Wales offer such guarantees, with a particular focus on dismissal law. The chapters reflect on the relationship between employment, labour, and human rights before conducting a detailed and critical analysis of the scope, shape, and application of domestic employment law. The framework for evaluation is drawn from the case law of the European Court of Human Rights, as it develops a principled and tailored approach to how the rights contained in the European Convention on Human Right should be enforced in working relationships. Statutory mechanisms, such as the law of unfair dismissal, and common law causes of action are examined and found to be lacking in their capacity to vindicate and enforce the human rights of workers. This book culminates in the proposal and elaboration upon an innovative solution, the Bill of Rights for Workers, that would draw on the successes of human rights and labour law instruments to render the Convention rights directly enforceable in the relationship between a worker and their employer.

From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set of areas related to labour law: 'modern slavery', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive orders, harassment at work, and industrial protest. This volume explores the political and regulatory dimensions of the new 'criminality at work' from a wide range of disciplinary perspectives, including labour law, immigration law, and health and safety regulations. The volume provides an overview of the regulatory terrain of 'criminality at work', exploring whether these different regulatory interventions represent politically legitimate uses of the criminal law. The book also examines whether these recent interventions constitute a new pattern of criminalization that operates in preventive mode and is based upon character and risk-based forms of culpability. The volume concludes by reflecting upon the general themes of 'criminality at work' comparatively, from Australian, Canadian, and US perspectives. Criminality at Work is a timely, rich and ambitious piece of scholarship that examines the many intersections between criminal law and work relations from a historical and contemporary vantage-point.

This book is part of a series which sets out a restatement of labour law in Europe. Its second volume looks at atypical employment relationships in Europe. Opening with a restatement, the book provides comparative commentary on the question of how fixed-term employment relationships, part-time employment relationships and temporary agency work is regulated by law in the individual states, which case law of the courts must be observed in this respect and which possibilities exist for shaping such relationships on the basis of collective bargaining agreements. The book goes on to systematically explore the national regulatory framework of: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and the United Kingdom. In this area, which is largely shaped by EU law in many countries, the commonalities and differences with regard to the relevant regulatory issues are examined. This important new project provides the definitive survey of labour law in Europe today.

Most Americans-even those with significant disability-want to live in their homes and communities. Unpaid family members or friends often work as "informal" caregivers, helping those who need assistance- and many feel they have no option but to serve. In contrast, paid personal assistance services workers (PAS) provide a lifeline to those consumers with complex needs and limited social networks. However, there is a crisis looming in the increasing needs for paid PAS and the limited available PAS workforce. Making Their Days Happen explores disability, health, and civil rights, along with relevant federal and state labor policies related to personal assistance services. Lisa Iezzoni addresses the legal context of paid PAS as well as financing mechanisms for obtaining home-based personal assistance. She also draws upon interviews she conducted with paid PAS consumers and PAS workers to explore PAS experiences and their perspectives about their work. Offering recommendations for improving future experiences of PAS consumers and providers, Iezzoni emphasizes that people with disabilities want to be a part of society, and PAS workers who do this low-wage work find satisfaction in helping them achieve their goals.

Dieses Buch befasst sich in 24 Beitragen mit aktuellen Fragen des Medizin- und Haftungsrechts. Der Gesundheitssektor ist gepragt von mitunter gegenlaufigen Tendenzen eines schnellen wissenschaftlichen Fortschritts, einer strengen Bedarfsplanung und knapper finanzieller Mittel. Bei veranderter Behandlungskultur steigen die Erwartungen der Patienten und die Anforderungen der Rechtsprechung an AErzte und andere Leistungserbringer. Haufige Klageverfahren sind Ausdruck und steigende Schadensaufwendungen der Haftpflichtversicherer Folge dieser veranderten Gesundheitslandschaft. Die Beitrage dieses Buches widmen sich daher Grundfragen des Haftungsrechts ebenso wie neuen Fragestellungen infolge des Patientenrechtegesetzes. Perspektiven fur die Berufshaftpflichtversicherer kommen ebenso zur Sprache wie Aspekte der Planung arztlicher Tatigkeit. Zu Wort kommen spezialisiert tatige Mediziner, Juristen und OEkonomen ebenso wie namhafte Wissenschaftler.

Equal opportunity in the workplace is thought to be the direct legacy of the civil rights and feminist movements and the landmark Civil Rights Act of 1964. Yet, as Frank Dobbin demonstrates, corporate personnel experts--not Congress or the courts--were the ones who determined what equal opportunity meant in practice, designing changes in how employers hire, promote, and fire workers, and ultimately defining what discrimination is, and is not, in the American imagination.

Dobbin shows how Congress and the courts merely endorsed programs devised by corporate personnel. He traces how the first measures were adopted by military contractors worried that the Kennedy administration would cancel their contracts if they didn't take "affirmative action" to end discrimination. These measures built on existing personnel programs, many designed to prevent bias against unionists. Dobbin follows the changes in the law as personnel experts invented one wave after another of equal opportunity programs. He examines how corporate personnel formalized hiring and promotion practices in the 1970s to eradicate bias by managers; how in the 1980s they answered Ronald Reagan's threat to end affirmative action by recasting their efforts as diversity-management programs; and how the growing presence of women in the newly named human resources profession has contributed to a focus on sexual harassment and work/life issues.

"Inventing Equal Opportunity" reveals how the personnel profession devised--and ultimately transformed--our understanding of discrimination.

Guardian's Best Non-Fiction, 2019 The Tablet's Highlights of 2019 Personality tests. Team-building exercises. Forced Fun. Desktop surveillance. Open-plan offices. Acronyms. Diminishing job security. Hot desking. Pointless perks. Hackathons. If any of the above sound familiar, welcome to the modern economy. In this hilarious, but deadly serious book, bestselling author Dan Lyons looks at how the world of work has slowly morphed from one of unions and steady career progression to a dystopia made of bean bags and unpaid internships. And that's the 'good' jobs... With the same wit that made Disrupted an international bestseller, Lyons shows how the hypocrisy of Silicon Valley has now been exported globally to a job near you. Even low-grade employees are now expected to view their jobs with a cult-like fervour, despite diminishing prospects of promotion. From the gig economy to the new digital oligarchs, Lyons deliciously roasts the new work climate, while asking what can be done to recoup some sanity and dignity for the expanding class of middle-class serfs.

In this revealing look at home care, Cynthia J. Cranford illustrates how elderly and disabled people and the immigrant women workers who assist them in daily activities develop meaningful relationships even when their different ages, abilities, races, nationalities, and socioeconomic backgrounds generate tension. As Cranford shows, workers can experience devaluation within racialized and gendered class hierarchies, which shapes their pursuit of security. Cranford analyzes the tensions, alliances, and compromises between security for workers and flexibility for elderly and disabled people, and she argues that workers and recipients negotiate flexibility and security within intersecting inequalities in varying ways depending on multiple interacting dynamics. What comes through from Cranford's analysis is the need for deeply democratic alliances across multiple axes of inequality. To support both flexible care and secure work, she argues for an intimate community unionism that advocates for universal state funding, designs culturally sensitive labor market intermediaries run by workers and recipients to help people find jobs or workers, and addresses everyday tensions in home workplaces.

In Putin's Labor Dilemma, Stephen Crowley investigates how the fear of labor protest has inhibited substantial economic transformation in Russia. Putin boasts he has the backing of workers in the country's industrial heartland, but as economic growth slows in Russia, reviving the economy will require restructuring the country's industrial landscape. At the same time, doing so threatens to generate protest and instability from a key regime constituency. However, continuing to prop up Russia's Soviet-era workplaces, writes Crowley, could lead to declining wages and economic stagnation, threatening protest and instability. Crowley explores the dynamics of a Russian labor market that generally avoids mass unemployment, the potentially explosive role of Russia's monotowns, conflicts generated by massive downsizing in "Russia's Detroit" (Tol'yatti), and the rapid politicization of the truck drivers movement. Labor protests currently show little sign of threatening Putin's hold on power, but the manner in which they are being conducted point to substantial chronic problems that will be difficult to resolve. Putin's Labor Dilemma demonstrates that the Russian economy must either find new sources of economic growth or face stagnation. Either scenario-market reforms or economic stagnation-raises the possibility, even probability, of destabilizing social unrest.

A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program for monographs. Precarious Claims tells the human story behind the bureaucratic process of fighting for justice in the U.S. workplace. The global economy has fueled vast concentrations of wealth that have driven a demand for cheap and flexible labor. Workplace violations such as wage theft, unsafe work environments, and discrimination are widespread in low-wage industries such as retail, restaurants, hospitality, and domestic work, where jobs are often held by immigrants and other vulnerable workers. How and why do these workers, despite enormous barriers, come forward to seek justice, and what happens once they do? Based on extensive fieldwork in Northern California, Gleeson investigates the array of gatekeepers with whom workers must negotiate in the labor standards enforcement bureaucracy and, ultimately, the limited reach of formal legal protections. The author also tracks how workplace injustices-and the arduous process of contesting them-carry long-term effects on their everyday lives. Workers sometimes win, but their chances are precarious at best.

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 probably would be even higher if we recognized most employers for what they are--private governments with sweeping authoritarian power over our lives, on duty and off. We normally think of government as something only the state does, yet many of us are governed far more--and far more obtrusively--by the private government of the workplace. In this provocative and compelling book, Elizabeth Anderson argues that the failure to see this stems from long-standing confusions. These confusions explain why, despite all evidence to the contrary, we still talk as if free markets make workers free--and why so many employers advocate less government even while they act as dictators in their businesses. In many workplaces, employers minutely regulate workers' speech, clothing, and manners, leaving them with little privacy and few other rights. And employers often extend their authority to workers' off-duty lives. Workers can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. Yet we continue to talk as if early advocates of market society--from John Locke and Adam Smith to Thomas Paine and Abraham Lincoln--were right when they argued that it would free workers from oppressive authorities. That dream was shattered by the Industrial Revolution, but the myth endures. Private Government offers a better way to talk about the workplace, opening up space for discovering how workers can enjoy real freedom. Based on the prestigious Tanner Lectures delivered at Princeton University's Center for Human Values, Private Government is edited and introduced by Stephen Macedo and includes commentary by cultural critic David Bromwich, economist Tyler Cowen, historian Ann Hughes, and philosopher Niko Kolodny.

Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.

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.