This book provides an overall understanding of Chinese labour law and covers many important issues related to the application of Chinese labour law. Particularly, the book explains the difficult points in Chinese labour law from the perspective of juridical practice. Many typical cases are selected to illustrate the important issues in Chinese labour law. These cases are from the courts in the developed areas in China, where foreign-funded enterprises gather. Also, the book addresses the implications of the Civil Code on the labour law. The latest developments are reflected in the book, which include guidelines related to labour dispute case hearing formulated by the Higher Courts in many provinces, and the guiding cases released by the Supreme Court. Such developments are the reflections of fragmented judicial application of Chinese labour law.

This volume examines the legal dimension of the ILO's action in the field of Child Labour. The authors investigate the implementation of the relevant legal instruments and assess the effectiveness of the ILO supervisory system. All relevant instruments are considered while particular attention is given to Convention 182 on the elimination of the worst forms of child labour. Child Labour in a Globalized World describes the ILO's activities concerning the eradication of child labour whilst assessing and evaluating the effectiveness of the relevant legal framework and functioning of the supervisory system. This book contextualizes the issue of the eradication of the worst forms of child labour in the recent doctrinal debate on the nature of labour standards and the transformation of the ILO. This important work will be a valuable resource for academics, researchers and policy-makers with an interest in labour law, international law, and children's rights.

'Equal is not Enough' is the title of a series of conferences that has aimed, over the years, to generate a better understanding of what shapes and reshapes inequalities by inviting and promoting multi-disciplinary insights and reflection. One of the conferences hosted at Antwerp University in February 2015 focused on discrimination law. The conveners welcomed papers on the relationship between social policy and discrimination law (or closely related human rights issues), which investigate the tensions and (in)compatibilities between the respective aims and tools of social policy and discrimination law. They were particularly interested in contributions that transcend legal technicalities and reflect on the function of discrimination law as part of a wider social policy in the European Union and its member states. Following a very strict selection procedure conducted by the editors and rigorous peer review, a collection of papers from the conference now appears in this book, Equal is not Enough, which takes its name from the title of the conference. In short, within this volume, the reader will find a selection of high-quality papers presented at this conference, organised by the Flemish Policy Research Centre on Equality Policies (a consortium of the Universities of Antwerp, Brussels, Ghent, Hasselt and Leuven). This publication is aimed at researchers, but it will also be of interest to practitioners of discrimination law who would like to enhance their scientific background.

During the late nineteenth century, many countries across Europe adopted national legislation that required employers to compensate workers injured or killed in accidents at work. These laws suggested that the risk of accidents was inherent to work and not due to individual negligence. By focusing on Britain, Germany, and Italy during this time, Julia Moses demonstrates how these laws reflected a major transformation in thinking about the nature of individual responsibility and social risk. The First Modern Risk illuminates the implications of this conceptual revolution for the role of the state in managing problems of everyday life, transforming understandings about both the obligations and rights of individuals. Drawing on a wide array of disciplines including law, history, and politics, Moses offers a fascinating transnational view of a pivotal moment in the evolution of the welfare state.

This handbook provides a comprehensive and authoritative state-of-the-art review of the current and emerging research and policy on disability law. Bringing together a team of respected and experienced experts, the handbook offers a range of jurisdictional and multidisciplinary perspectives. The authors consider historical and contemporary, as well as comparative perspectives of disability law. Divided into three parts, the contributors provide a comprehensive reference to the theoretical underpinnings, ongoing debates and emerging fields within the subject. The study provides a strong basis for consideration of contemporary disability law, its research foundations, and progressive developments in the area. The book incorporates interdisciplinary and comparative country perspectives to capture the breadth of current discourse on disability law. This handbook provides a valuable resource for a wide range of scholars, public and private researchers, NGOs, and practitioners working in the area of disability law, and across national and transnational disability schemes. The work will be of important interest to those in the fields of sociology, history, psychology, economics, political science, rehabilitation sciences, medicine, technology, and law, among others.

A workplace mediation program supplements or replaces institutional grievance processes in order to increase job satisfaction, boost productivity, reduce employee turnover, and decrease the chances of legal action. Weinstein, a social worker and a labor and employment lawyer, provides a powerful administrative, educational, and training tool for human resource professionals, administrators, peer and professional mediators, and students of mediation.

Mediated resolutions to conflict in the workplace are designed to last because they seek to address underlying causes and they rely on the participation of the affected parties. Mediation with an impartial third party is more likely to result in a satisfying solution than are decisions imposed upon the parties from outside sources, whether employers or the legal system. Mediators work to strengthen relationships so that future conflicts can be prevented or minimized. This valuable guide to implementing formal mediation programs can be used by both beginning and experienced mediators in all types of organizations- in schools, social service agencies, government agencies, and private industry. Its practical application of mediation theory will benefit students and teachers of mediation, conflict resolution, business management, public administration, law, social work, counseling, and other related disciplines.

From Chernobyl to Fukushima, have we come full circle, where formalisation has replaced ambiguity and a decadent style of management, to the point where it is becoming counter-productive? Safety culture is a contested concept and a complex phenomenon, which has been much debated in recent years. In some high-risk activities, like the operating of nuclear power plants, transparency, traceability and standardisation have become synonymous with issues of quality. Meanwhile, the experience-based knowledge that forms the basis of manuals and instructions is liable to decline. In the long-term, arguably, it is the cultural changes and its adverse impacts on co-operation, skill and ability of judgement that will pose the greater risks to the safety of nuclear plants and other high-risk facilities. Johan Berglund examines the background leading up to the Fukushima Daiichi accident in 2011 and highlights the function of practical proficiency in the quality and safety of high-risk activities. The accumulation of skill represents a more indirect and long-term approach to quality, oriented not towards short-term gains but (towards) delayed gratification. Risk management and quality professionals and academics will be interested in the links between skill, quality and safety-critical work as well as those interested in a unique insight into Japanese culture and working life as well as fresh perspectives on safety culture.

To what extent is labour law an autonomous field of study? This book is based upon the papers written by a group of leading international scholars on this theme, delivered at a conference to mark Professor Mark Freedland's retirement from his teaching fellowship in Oxford. The chapters explore the boundaries and connections between labour law and other legal disciplines such as company law, competition law, contract law and public law; labour law and legal methodologies such as reflexive governance and comparative law; and labour law and other disciplines such as ethics, economics and political philosophy. In so doing, it represents a cross-section of the most sophisticated current work at the cutting edge of labour law theory.

This textbook acquaints readers with the major federal statutes and regulations that control management and employment practices in the American workplace. The material is presented from the perspective that the human resource professional is the employer's representative and is, therefore, responsible for protecting the employer's interests and reducing the employer's exposure to litigation through monitoring activities and viable employee policies. The book is designed as a tool for today's business and management professionals, and unlike some other texts in the field, maintains a pro-business or pro-management approach. The authors have skilfully crafted Employment Regulation in the Workplace to be an effective learning tool. Each chapter opens with learning objectives and an example scenario, and each chapter contains plenty of illustrative figures, boxes, and diagrams. Chapters conclude with a listing of key terms, questions for discussion, and two case exercises. The book also includes a comprehensive bibliography.

The updated third edition of Employment Law is a clear and practical guide to understanding the complex, important system that regulates the relationship between employers and employees in the UK. Understanding and applying the law effectively at work is essential for organizations. Employment Law offers a complete overview of the core components that form the interactions between an organization, its employees and the HR function. The third edition includes the latest developments and changes in law and HR perspectives, with new material on the changeability of the law, equal pay and parental leave. Featuring practical tools, checklists, case studies and real-life examples, Employment Law builds legal knowledge in key areas including recruitment, contracts, discrimination, equal pay, health and safety and managing the end of the employment relationship. It is supported by case studies on topics such as early conciliation, implied rights and diversity and inclusion and online resources including person specification templates and appraisal forms and additional references. 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.

The third edition of Employee Relations is a practical guide to the principles and practice of fostering positive relationships with employees to develop their engagement and achieve business success. It features updated material on recent legislation changes including employment status in the gig economy and deregulation as a result of new international relations. Covering key areas such as conflict and dispute resolution, redundancies, rights and ethics, this book equips you with the skills and knowledge to plan, build and assess employee relations in any type of organization. Practical diagnostic tools and real-life examples from organizations including HSBC show how these strategies can be applied in practice. With updated guidance and examples covering employee voice and the virtual workplace, Employee Relations is a vital resource for HR practitioners and students alike. Online resources include questionnaires and templates to support the development of an effective employee relations strategy. 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.

Are you afraid your employer might be infringing your workplace rights? Or are you an employer seeking information on your responsibilities? Written by employment experts at the Trade Unions Congress (TUC), this book sets out Your Rights at Work in simple and relatable terms. This book explains the rights of the UK worker and responsibilities of the UK employer, and explains them clearly. It offers jargon-free guidance that can be applied to any situation in work including: parental leave and maternity rights, flexible working, dismissal and redundancy, pay and holiday rights and grievance procedures. This edition has been updated to include the impact of the COVID-19 crisis, Britain's exit from the EU and regulatory changes to data protection laws, holiday pay and gender gap reporting. Protect your employees and be empowered as an employee by knowing Your Rights at Work.

When faced with a 'human error' problem, you may be tempted to ask 'Why didn't these people watch out better?' Or, 'How can I get my people more engaged in safety?' You might think you can solve your safety problems by telling your people to be more careful, by reprimanding the miscreants, by issuing a new rule or procedure and demanding compliance. These are all expressions of 'The Bad Apple Theory' where you believe your system is basically safe if it were not for those few unreliable people in it. Building on its successful predecessors, the third edition of The Field Guide to Understanding 'Human Error' will help you understand a new way of dealing with a perceived 'human error' problem in your organization. It will help you trace how your organization juggles inherent trade-offs between safety and other pressures and expectations, suggesting that you are not the custodian of an already safe system. It will encourage you to start looking more closely at the performance that others may still call 'human error', allowing you to discover how your people create safety through practice, at all levels of your organization, mostly successfully, under the pressure of resource constraints and multiple conflicting goals. The Field Guide to Understanding 'Human Error' will help you understand how to move beyond 'human error'; how to understand accidents; how to do better investigations; how to understand and improve your safety work. You will be invited to think creatively and differently about the safety issues you and your organization face. In each, you will find possibilities for a new language, for different concepts, and for new leverage points to influence your own thinking and practice, as well as that of your colleagues and organization. If you are faced with a 'human error' problem, abandon the fallacy of a quick fix. Read this book.

In this book, Prosser argues that labour movements respond to European integration in a manner which instigates competition between national labour markets. It bases its hypothesis on analysis of four countries - Germany, Spain, France and Poland - and two processes: the collective bargaining practices of trade unions in the first decade of the Eurozone and the response of trade unions and social-democratic parties to austerity in Southern Europe. In the first process, although unions did not intentionally compete, there was a drift towards zero-sum outcomes which benefited national workforces in stronger structural positions. In the second process, during which a crisis resulting from the earlier actions of labour occurred, lack of solidarity reinforced effects of competition. -- .

This is a new study of the employment law implications for employees who exercise the right to free speech. The book examines the philosophical basis for protecting free speech, the impact of the Human Rights Act 1998 and article 10 of the ECHR, the implications of free speech for the contract of employment, the Public Interest Disclosure Act 1998, and the special position of local government and NHS staff and civil servants.

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.

First Published in 1966. The continuous demand for the History of Factory Legislation since its publication in 1903 has resulted in this third edition. The issue of a new edition has afforded an opportunity for a careful overhauling of the work, for the correction of sundry errors and omissions, and for bringing the story down to date. This title covers the inception of factory legislation in the 1800s through to the administration of local authorities in 1902 followed by a retrospect exclusive to this edition.

Most workers on temporary, zero hours and involuntary part-time contracts in the UK are women. Many are also carers. Yet employment law tends to exclude such women from family-friendly rights. Drawing on interviews with women in precarious work, this book exposes the everyday problems that these workers face balancing work and care. It argues for stronger and more extensive rights that address precarious workers' distinctive experiences. Introducing complex legal issues in an accessible way, this crucial text exposes the failures of family-friendly rights and explains how to grant these women effective rights in the wake of COVID-19.

Are you afraid your employer might be infringing your workplace rights? Or are you an employer seeking information on your responsibilities? Written by employment experts at the Trade Unions Congress (TUC), this book sets out Your Rights at Work in simple and relatable terms. This book explains the rights of the UK worker and responsibilities of the UK employer, and explains them clearly. It offers jargon-free guidance that can be applied to any situation in work including: parental leave and maternity rights, flexible working, dismissal and redundancy, pay and holiday rights and grievance procedures. This edition has been updated to include the impact of the COVID-19 crisis, Britain's exit from the EU and regulatory changes to data protection laws, holiday pay and gender gap reporting. Protect your employees and be empowered as an employee by knowing Your Rights at Work.

The leading academic authorities contributing to this book have been involved in major studies carried out for international organisations, individual governments, and national trades' union organisations; in Vulnerable Workers they consider the growth of job insecurity, the prevalence of flexible or temporary work, and the emergence of precarious forms of self-employment. They look at the new market economies of post-communist Eastern Europe and China, where economic development may occur at the expense of workers' lives and health; 'misclassification' by employers of workers as 'contractors', denying them access to rights; and the plight of migrant, transient and 'invisible' workers. The impact of supply chain business strategies on the most vulnerable workers; and on the complex relationships between levels of job security and the presence of different kinds of risks are similarly assessed. The contributors also propose responses to the challenges they highlight. The role of employee representatives is examined, together with the potential to enhance worker capability through organisational change. New legislative approaches, and changes to traditional compensation and social security systems are considered. Academics and researchers, policy makers, regulators, trades unionists and occupational health professionals - and wise employers - will all find a use for this book.

This book is an analytical study of the current English law of traditional contracts of employment and of other personal employment contracts. Concentrating on the common law basis of individual employment law, it takes full account of relevant British and European Community legislation up to and including the Employment Act 2002. It argues for, and is constructed around a whole new category of employment contracts, which includes not only contracts of employment but also other "personal employment contracts", a concept which the author articulates and justifies.

Labour internationalism is often viewed as impossible or inevitable, depending upon political perspective. O'Brien argues for a more nuanced, diverse understanding of labour internationalism, identifying six different 'faces', shaped by the national or global orientation of particular groups in the fields of production, regulation and ideas. Providing a general view of labour's global activity and a case study of the Southern Initiative on Globalisation and Trade Union Rights (SIGTUR), the book illustrates how the productive and regulatory structures of the global economy are pushing labour internationalism in particular directions. It details how leftist unions in Argentina, Australia, Brazil, India, the Philippines, South Africa, and South Korea have tried to bridge their differences and launch collective actions. Drawing upon twenty years of participant observation, O'Brien reveals a specific Global South approach based upon anti-imperialism, anti-capitalism and empathetic internationalism.

Why is the law failing to protect pregnant workers and parents from detrimental treatment in the workplace? This theoretically informed book, which draws on the findings of a large scale, Nuffield Foundation funded, study of pregnancy-related workplace disputes, explores the legal regulation of pregnancy and parenting in the labour market. Using an epistemology that draws primarily on critical feminist debates, theories and critiques, the book adopts a necessarily female standpoint and seeks to answer why, despite positive policy ambitions and ample legislation, law is failing to protect pregnant workers and parents. Whilst sensitive to the limits of law's ability to bring about social change, the book asks whether it is the direction of current policies that need attention, or the substance of the legislation that is flawed. Is it the application of the law in courts and tribunals that fails working families or the mechanics of the employment dispute resolution and tribunal system that needs adjusting? This book will interest academics, students and practitioners of law and social policy interested in employment law and discrimination.

Workplace discrimination is an experience that, despite four decades of equality legislation, continues to blight the lives of thousands every year. Discrimination persists on the protected grounds of sex, race, disability, age, sexual orientation, religion or belief and gender reassignment, as well as where no legal protection exists such as in relation to class background or migration status. The Handbook discusses recent changes in equality legislation as well as considering the limitations of legal frameworks in addressing inequality. However, complying with the law is only the first step towards addressing discrimination in the workplace, and the book goes beyond the law and provides evidence of good practice in promoting organisational culture change, as well as considering future directions for policy on equality action. The Gower Handbook of Discrimination at Work looks at both social justice and business case perspectives, and its message is not a negative one. The contributors have considerable depth of understanding of workplace discrimination, both as academics and equality practitioners, their work has contributed to policy formation and all are committed to improving the lives of people at work. They offer insights into existing international developments and make suggestions for the ways in which positive change can be realised. Practitioners, such as human resources professionals and other managers involved in addressing equality at work, trade unionists, equality trainers, and academics concerned with researching or teaching in the areas of employment and equality will all find this book of interest. Furthermore, it will be of value to students in the fields of business and management, employment law, equality and diversity and human resource management.

Education, employment policy, and pensions are inextricably linked and critical to any sort of business or economic revival, let alone success, and all three are addressed in Education and Employment in the European Union. In the first part of this meticulously researched and highly informative book, Dimitris Chorafas argues that European educational standards, from primary schools through to universities, leave much to be desired. The author then turns to employment. Already affected by problems with education, employment is fettered by structural issues, ranging from inflexible labour laws to heavy social costs. Here, the author suggests what might be done to get employment moving again in difficult economic times. Employment and pensions work in synergy. In the final part, Chorafas examines the implications of and future for pension provision, taking a polyvalent approach which embraces state pensions, company pensions and the workings of pension funds - as well as healthcare issues and the longevity risk. The evidenced analysis of the three interlinked policy areas in this book identifies the issues and the relationships between them. The findings and suggestions will be important to business practitioners, business educators, government authorities, policy makers, consultancies and others either within or wishing to learn lessons from the European Union.