Labor Rights and Multinational Production investigates the relationship between workers' rights and multinational production. Mosley argues that some types of multinational production, embodied in directly owned foreign investment, positively affect labor rights. But other types of international production, particularly subcontracting, can engender competitive races to the bottom in labor rights. To test these claims, Mosley presents newly generated measures of collective labor rights, covering a wide range of low- and middle-income nations for the 1985-2002 period. Labor Rights and Multinational Production suggests that the consequences of economic openness for developing countries are highly dependent on foreign firms' modes of entry and, more generally, on the precise way in which each developing country engages the global economy. The book contributes to academic literature in comparative and international political economy, and to public policy debates regarding the effects of globalization.

This is an account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day and of the ways these changes have affected the regulation of European Welfare States at national level. Drawing on the idea of 'embedded liberalism', Giubboni analyses the infiltration of EC competition and market law into national systems of labour and social security law and provides a normative framework for conceptualising the transformation of regulatory techniques implemented at the EU level. This important, interdisciplinary contribution to research in EU social law illustrates how the vision of social protection and solidarity is changing.

Why do law reforms spread around the world in waves? In the dominant account of diffusion through technocracy, international networks of elites develop orthodox policy solutions and transplant these across countries without regard for the wishes of ordinary citizens. But this account overlooks a critical factor: in democracies, reforms must win the support of politicians, voters, and interest groups. This book claims that laws spread across countries in very public and politicized ways, and develops a theory of diffusion through democracy. I argue that politicians choose to follow certain international models to win domestic elections, and to persuade skeptical voters that their ideas are not radical, ill-thought-out experiments, but mainstream, tried-and-true solutions. This book shows how international models generated domestic support for health, family, and employment law reforms across rich democracies. Information that international organizations have endorsed certain reforms or that foreign countries have adopted them is valuable to voters. Public opinion experiments show that even Americans respond positively to this information. Case studies of election campaigns and legislative debates demonstrate that politicians with diverse ideologies reference international models strategically, and focus on the few international organizations and countries familiar to voters. Data on policy adoption from many rich democracies document that governments follow international organization templates and imitate the policy choices of countries heavily covered in national media and familiar to voters. Benchmarks from Abroad provides a direct defense to a major criticism international organizations and networks face: that they conflict with domestic democracy. Even presumptively weak international efforts, such as the development of soft law and best practices, can increase voter support for major reforms. Instead, international and European Union negotiations to establish binding legal obligations can be costly and protracted, resulting in "too little, too late. " However, the book also explains how electoral calculations do not favor the spread of successful policies that happen to originate in small and remote states.

'Jane Holgate is a brilliant thinker' - Jane McAlevey In Arise, Jane Holgate argues that unions must revisit their understanding of power in order to regain influence and confront capital. Drawing on two decades of research and organising experience, Holgate examines the structural inertia of today's unions from a range of perspectives: from strategic choice, leadership and union democracy to politics, tactics and the agency afforded to rank-and-file members. In the midst of a neoliberal era of economic crisis and political upheaval, the labour movement stands at a crossroads. Union membership is on the rise, but the 'turn to organising' has largely failed to translate into meaningful gains for workers. There is considerable discussion about the lack of collectivism among workers due to casualisation, gig work and precarity, yet these conditions were standard in the UK when workers built the foundations of the 19th-century trade union movement. Drawing on history and case studies of unions developing and using power effectively, this book offers strategies for moving beyond the pessimism that prevails in much of today's union movement. By placing power analysis back at the heart of workers' struggle, Holgate shows us that transformational change is not only possible, but within reach.

The active pursuit of social and labour rights is seen as a crucial response to globalization. These essays, written by leading scholars from the UK, Ireland, France, Germany, Italy, Japan and the USA, question the effectiveness of the rhetoric of rights such as those to decent work and security, equal opportunity, adequate food and housing, and healthcare. The authors examine emerging approaches in several European countries, Japan, and the USA and in codes of practice of multinational companies. Attempts by the International Labour Organization to promote core rights and decent work, and techniques of enforcement at regional level by the EU and NAFTA receive special attention.

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.

Across the EU, services are the cornerstone of the modern economy, accounting for over 70% of national GDPs and over 90% of new jobs created. Fostering trade in services has, accordingly, become central to the EU's vision for developing the internal market. Yet regulating services and their international trade is notoriously complex, and controversial. For years the EU's efforts were limited to sector-specific regulation in key areas, until the adoption of the general Services Directive in 2006. Since then, confronted by the limited success of traditional legal intervention, the EU's attentions have shifted to alternative forms of regulation. This book looks back on the historical development of services law, discusses the nature of impediments to trade in services in the EU, and explains the basic rules and principles applicable to such trade. It also examines the recent development of alternative regulatory methods, such as networking, the use of common standards, private regulation, self-regulation, open methods of coordination, and administrative cooperation. Taking a broad perspective and placing services regulation within its economic context, the author offers a thorough evaluation of current regulatory methods alongside the alternative methods which could be deployed. The book is the first to provide an overview of the regulation of services in the EU.

Are efforts to protect workers' rights compatible with the forces of globalization? How can minimum standards designed to protect labour rights be implemented in a world in which national labour law is more and more at the mercy of international forces beyond its control? And does it make any difference if we see rights such as the right to freedom of association, to non-discrimination in the workplace, to freedom from child labour, and to safe and healthy working conditions in terms of international human rights law? Or are they more appropriately seen as 'principles' to be promoted as and where appropriate? The contributors to this volume argue that international agreements and institutions are of central importance if labour rights are to be protected in a globalized economy. But the report cards they give to the World Trade Organization, the European Union, NAFTA, and the Free Trade Agreement of the Americas are generally very critical. While there is a strong rhetorical commitment to labour rights, at least on the part of the US and the EU, the substance of what has been achieved to date is hardly impressive. The role of the International Labour Organization is central and the authors explore some of the options that are open to governments, civil society, and the labour movement in the years ahead.

This is a timely and innovative account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day and on the ways these changes have affected the regulation of European Welfare States at national level. Drawing on the idea of 'embedded liberalism', Giubboni analyses the infiltration of EC competition and market law into national systems of labour and social security law, and provides a normative framework for conceptualising the transformation of regulatory techniques implemented at the EU level. This important, interdisciplinary contribution to research in EU social law illustrates how the vision of social protection and solidarity is changing.

From Widgits to Digits is about the changing nature of the employment relationship and its implications for labor and employment law. For most of the twentieth century, employers fostered long-term employment relationships through the use of implicit promises of job security, well-defined hierarchical job ladders, and longevity-based wage and benefit schemes. Today's employers no longer value longevity or seek to encourage long-term attachment between the employee and the firm. Instead employers seek flexibility in their employment relationships. As a result, employees now operate as free agents in a boundaryless workplace, in which they move across departmental lines within firms, and across firm borders, throughout their working lives. Today's challenge is to find a means to provide workers with continuity in wages, on-going training opportunities, sustainable and transferable skills, unambiguous ownership of their human capital, portable benefits, and an infrastructure of support structures to enable them to weather career transitions.

From Widgits to Digits is about the changing nature of the employment relationship and its implications for labor and employment law. For most of the twentieth century, employers fostered long-term employment relationships through the use of implicit promises of job security, well-defined hierarchical job ladders, and longevity-based wage and benefit schemes. Today's employers no longer value longevity or seek to encourage long-term attachment between the employee and the firm. Instead employers seek flexibility in their employment relationships. As a result, employees now operate as free agents in a boundaryless workplace, in which they move across departmental lines within firms, and across firm borders, throughout their working lives. Today's challenge is to find a means to provide workers with continuity in wages, on-going training opportunities, sustainable and transferable skills, unambiguous ownership of their human capital, portable benefits, and an infrastructure of support structures to enable them to weather career transitions.

This book originates from the research project 'New discourses in labour law' held at the European University Institute. A detailed analysis of part-time work regulation is presented for seven European countries, in order to ascertain how internal domestic choices of the legislatures have merged into the 'Open method of co-ordination'. The impact of European employment policies is considered in parallel with the implementation of the Directive on part-time work, thus providing a complete overview of both soft and hard law mechanisms available to national policy-makers. In this original work, the inter-action between law and policy emerges as a dynamic and constantly changing process of exchange between national and supranational actors, through the use of concrete examples of law-making. Labour law is put forward as being central in the current evolution of European law, and this centrality is presented as a confirmation of innovation and continuity in regulatory techniques.

Law and practice in the field of industrial action and trade union recognition has undergone extensive changes in recent years. The third edition of The Law of Industrial Action and Trade Union Recognition provides a new, up-to-date, and thorough analysis of this technical area of law. This edition offers comprehensive coverage of all aspects of bringing and defending recognition claims and industrial action injunctions to ensure that nothing is missed when planning a case. It includes full coverage of trade union recognition, employment protection rights, deductions from pay, and the impact of the Human Rights Act 1998 on strikes and picketing. New chapters on Leverage Campaigns and Ancillary Protest cover the new forms of industrial action that have appeared in recent years. The book contains step-by-step guidance and forms and precedents to assist practitioners when negotiating and drafting documents. It covers all recent case law including cases from the European Court of Human Rights and decisions from the Central Arbitration Committee. Written by a team of expert barristers, it provides an essential source of reference to all involved in this area.

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.

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.

Workplace privacy is not simply a theoretical legal issue but is a matter of basic human dignity. Employers in a number of countries reportedly, and, it appears, in increasing numbers, are deploying 'human resource policies' which may or may not be illegal. In many cases they are not, at present unlawful, though they may reflect dubious management practices. These policies include drug testing of employees, surveillance of staff and their communications, attempts to censor the freedom of speech of employees, psychometric or personality testing, and requirements to provide intimate health information irrelevant to work in order to obtain employment or promotion.

This book, the first on the subject in any jurisdiction, examines in a rigorous and open-minded fashion, the emergence of these policies in the modern employment context and the gradually developing legal response. Adopting a human rights perspective, the author demonstrates that several legal systems are now transposing human rights law from the public sphere into the employment relationship in order to protect the individual rights of job candidates and employees.

The human right of privacy is one of the cornerstone rights recognised in the employment context, and is the focus of this book. The book deals with the law as it presently stands in the UK, France, the USA and Canada and includes a careful analysis of the potential impact of the Human Rights Act 1999.

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 is the English edition of what has become widely known as 'The Supiot Report', a bold and far-reaching look at the changing nature of work, employment and labour institutions, and systems of regulation and welfare. The author places recent developments in their economic, social, institutional, and legal contexts, and draws upon illustrations from a number of European countries.

International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders. The role of international law in this field is complex, and often ambiguous: there is no single source for the international law governing migration. The current framework is scattered throughout a wide array of rules belonging to numerous fields of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime law, criminal law, and consular law. This textbook therefore cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates. The book offers a unique and comprehensive mapping of this growing field of international law. It brings together and critically analyses the disparate conventional, customary, and soft law on a broad variety of issues, such as irregular migration, human trafficking, refugee protection, labour migration, non-discrimination, regional free movement schemes, and global migration governance. It also offers a particular focus on important groups of migrants, namely migrant workers, refugees, and smuggled migrants. It maps the current status of the law governing their movement, providing a thorough critical analysis of the various stands of international law which apply to them, suggesting how the law may continue to develop in the future. This book provides the perfect introduction to all aspects of migration and international law.

Promoting Equality and Diversity: A Practitioner's Guide explains the fundamental changes in the approach to achieving equality and diversity that are occuring as a result of recent UK legislation. The work takes a task-based approach to the subject, suggesting legal solutions to discrete practical problems, and providing clear, pragmatic guidance to enable practitioners to tackle the individual problems they might encounter.
This book provides a clear and practical explanation of both good practice and the legislation behind the new proactive approach that is being adopted. It covers areas that receive no treatment elsewhere and offers guidance to organizations that want to implement equality measures but are unsure of how to do so. This book not only explains the relevant legal concepts but also offers real practical advice on topics such as how to carry out impact statements; how to carry out equality pay audits; and the role of monitoring.
By adopting a task-based approach, focusing on what organizations have to deal with in practice, this work is able to offer a fully-integrated legal analysis of current discrimination law that will be of use to every practitioner working in this field. By combining a traditional legal approach with examples, checklists, and precedents the authors have produced a book that is both highly useful and extremely readable.

Governments spend huge amounts of money buying goods and services from the private sector. How far should their spending power be affected by social policy? Arguments against the practice are often made by economists - on the grounds of inefficiency - and lawyers - on the grounds of free competition and international economic law.Buying Social Justice analyzes how governments in developed and developing countries use their contracting power in order to advance social equality and reduce discrimination, and argues that this approach is an entirely legitimate and efficient means of achieving social justice. The book looks at the different experiences of a range of countries, including the USA, the UK, and South Africa. It also examines the impact of international and regional regulation of the international economy, and questions the extent to which the issue of procurement policy be regulated at the national, European or international levels. The role of EC and WTO law in mediating the tensions between the economic function of procurement and the social uses of procurement is discussed, and the outcomes of controversies concerning the legitimacy of the integration of social values into procurement are analyzed.
Buying Social Justice argues that European and international legal regulation of procurement has become an important means of accentuating the positive and eliminating the negative in both the social and economic uses of procurement.

Der TVoD hat zum 1. Oktober 2005 insbesondere den aus dem Jahre 1961 stammenden (Bundes-Angestelltentarifvertrag) BAT fur die Kommunen und den Bund ersetzt. Davon sind in Deutschland ca. 2,3 Millionen Arbeitnehmerinnen und Arbeitnehmer betroffen; das neue Tarifrecht des offentlichen Dienstes tangiert nahezu 5 Millionen Arbeitsvertrage. Dadurch wurde das bisherige am Beamtenrecht orientierte Arbeitsrecht des offentlichen Dienstes in grundlegender Weise reformiert. Die Tragweite der Wandelung zeigt sich z. B. in der

• Aufhebung der Trennung zwischen Arbeitern und Angestellten,
• Schaffung eines leistungsorientierten Vergutungssystems und dem Einstieg in ein neues Eingruppierungsrecht
• Flexibilisierung der Arbeitszeit durch Einfuhrung von Rahmenzeiten, Arbeitszeitkorridoren und Arbeitszeitkonten,
• Ausweitung der Einsatzmoglichkeiten bei anderen Arbeitgebern.

Ein solcher Paradigmenwechsel geht nicht ohne Schwierigkeiten vonstatten. Dieser Kommentar vermittelt dem Leser die notige Orientierung, um den TVoD in der Praxis anzuwenden. Er will den Weg des offentlichen Dienstes zuruck zum Arbeitsrecht in wissenschaftlich fundierter Weise mit der notwendigen kritischen Distanz begleiten."

'Jane Holgate is a brilliant thinker' - Jane McAlevey In Arise, Jane Holgate argues that unions must revisit their understanding of power in order to regain influence and confront capital. Drawing on two decades of research and organising experience, Holgate examines the structural inertia of today's unions from a range of perspectives: from strategic choice, leadership and union democracy to politics, tactics and the agency afforded to rank-and-file members. In the midst of a neoliberal era of economic crisis and political upheaval, the labour movement stands at a crossroads. Union membership is on the rise, but the 'turn to organising' has largely failed to translate into meaningful gains for workers. There is considerable discussion about the lack of collectivism among workers due to casualisation, gig work and precarity, yet these conditions were standard in the UK when workers built the foundations of the 19th-century trade union movement. Drawing on history and case studies of unions developing and using power effectively, this book offers strategies for moving beyond the pessimism that prevails in much of today's union movement. By placing power analysis back at the heart of workers' struggle, Holgate shows us that transformational change is not only possible, but within reach.

Higher education is the site of an ongoing conflict. At the heart of this struggle are the precariously employed faculty 'contingents' who work without basic job security, living wages or benefits. Yet they have the incentive and, if organized, the power to shape the future of higher education. Power Despite Precarity is part history, part handbook and a wholly indispensable resource in this fight. Joe Berry and Helena Worthen outline the four historical periods that led to major transitions in the worklives of faculty of this sector. They then take a deep dive into the 30-year-long struggle by California State University lecturers to negotiate what is recognized as the best contract for contingents in the US. The authors ask: what is the role of universities in society? Whose interests should they serve? What are the necessary conditions for the exercise of academic freedom? Providing strategic insight for activists at every organizing level, they also tackle 'troublesome questions' around legality, union politics, academic freedom and how to recognize friends (and foes) in the struggle.

The free movement of persons and services are key elements, alongside the free movement of goods and capital, in the fundamental freedoms which underpin the European internal market. In recent years two key themes have emerged from the case law of the European Court of Justice. The first is convergence in the case law on the free movement of goods, persons, and services in order to ensure the operation of the internal market through the prohibition of discrimination and the outlawing of unjustified obstacles to free movement. The second is the case law on the rights which flow from the introduction of citizenship of the European Union, which offer constitutional rights for individuals. The tensions between these two lines of authority can be explained through a fresh approach to the analysis and synthesis of the Treaty rules and secondary legislation of the European Community, and of the case law of the European Court of Justice on free movement of persons and services. This approach is based on distinguishing between those rules which relate mainly to the regulation of business activities in the internal market, and those which are mainly concerned with individual rights for citizens of the European Union. The result is a detailed overview of the law relating to workers, establishment, and services in the EU in this modern context.