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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Employment & labour law
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.
Whether you are a supervisor, a business owner, or an HR professional, it is essential that you understand the laws and rules governing how one treats employees and interacts with unions. In a comprehensive and accessible format, Labor Law: A Basic Guide to the National Labor Relations Act provides a practice-oriented foundation on labor law. The book sheds light on one of America's most important laws and one which is also, perhaps, the most misunderstood. This book presents an overview of labor and employment laws such that managers may understand their rights as employers as well and their employees' rights. It covers an introduction to the topic of labor and employment law as well as a brief history within the United States. Other chapters deal with unions and union relations, collective bargaining agreements, grievances, labor arbitration, unfair labor practice proceedings, and strikes and lockouts. The author does not focus on complex regulations and convoluted case law, but distills them to reveal the essence of the NLRA and how it works. As important as it is, at times labor law can seem counter-intuitive. Written by a highly experienced labor lawyer, this book contains concise explanations in an easy-to-use format. Clearly delineating a process that can be fraught with traps for the unwary, it supplies a quick reference that can be used in a crisis situation to understand the parameters of what you can and cannot do.
Talk of a demographic time bomb is not new. The notion first entered public consciousness some time ago, but there is a lack of clarity about what such talk is really all about. Ageing populations are seen both as a threat and an opportunity. There is concern about discrimination against older workers, at the same time as there is concern about a shortage of labour. Migration of labour from places with young populations to places with ageing populations is sometimes seen in a positive light and sometimes quite differently. With chapters reflecting different perspectives from around the world, this book constitutes a major contribution to serious, informed debate on issues that all too often have been the subject of sensationalised media treatment. Professor Stella Vettori has assembled a collection of expert writers on the social, cultural, political and economic factors that have implications both for labour markets and the well being of older people both in developed and developing countries. As a result, anyone involved with workplace and employment policy and practice, and issues of diversity and discrimination, either at a corporate or societal level, will want to read this book. Policy implications are considered and possible solutions to seemingly intractable problems are offered in a remarkable book that embraces serious academic debate and a practical focus on real issues.
This work examines the system of co-ordination of national social security laws in the European Union from a gender perspective. The central question that it raises concerns the level of social security protection enjoyed by women moving throughout the Union in cases of work interruption or marriage dissolution. Women's social security protection has traditionally been based on two criteria, namely economic activity and family/marriage. Work interruptions, in particular for child-rearing, challenge the invocation of economic activity as an effective basis for social security rights. Changing social and family conditions, including the emergence of atypical relationships and increasing divorce rates, challenge the criterion of family/marriage. Efforts have been made within the framework of the national systems of the Member States to address these challenges, often unsuccessfully. So, how successful has the European system of co-ordination, the aim of which is to provide a sufficient level of protection to migrant workers and their families, been in addressing these challenges? The book contains comprehensive discussion of the phenomenon and legal institution of social security, as well as a thorough analysis of the current state of European Community law concerning co-ordination, with a particular focus on gender. It identifies several problematic areas where solutions must be worked out and action taken. The book fills a gap in the legal literature on the social security field and will appeal to those with an interest in social security, including academics, policy-makers and practitioners.
Argues that racial inequality reproduces itself automatically over time because early unfair advantage for whites has paved the way for continuing advantage This book is designed to change the way we think about racial inequality. Long after the passage of civil rights laws, blacks and Latinos possess barely a nickel of wealth for every dollar that whites have. Why have we made so little progress? Legal scholar Daria Roithmayr provocatively argues that racial inequality lives on because white advantage functions as a powerful self-reinforcing monopoly, reproducing itself automatically from generation to generation even in the absence of intentional discrimination. Drawing on work in antitrust law and a range of other disciplines, Roithmayr brilliantly compares the dynamics of white advantage to the unfair tactics of giants like AT&T and Microsoft. With penetrating insight, Roithmayr locates the engine of white monopoly in positive feedback loops that connect the dramatic disparity of Jim Crow to modern racial gaps in jobs, housing and education. Wealthy white neighborhoods fund public schools that then turn out wealthy white neighbors. Whites with lucrative jobs informally refer their friends, who refer their friends, and so on. Roithmayr concludes that racial inequality might now be locked in place, unless policymakers immediately take drastic steps to dismantle this oppressive system.
Starting in the early 1900s, many thousands of native Filipinos were conscripted as laborers in American West Coast agricultural fields and Alaska salmon canneries. There, they found themselves confined to exploitative low-wage jobs in racially segregated workplaces as well as subjected to vigilante violence and other forms of ethnic persecution. In time, though, Filipino workers formed political organizations and affiliated with labor unions to represent their interests and to advance their struggles for class, race, and gender-based social justice. Union by Law analyzes the broader social and legal history of Filipino American workers' rights-based struggles, culminating in the devastating landmark Supreme Court ruling, Wards Cove Packing Co. v. Atonio (1989). Organized chronologically, the book begins with the US invasion of the Philippines and the imposition of colonial rule at the dawn of the twentieth century. The narrative then follows the migration of Filipino workers to the United States, where they mobilized for many decades within and against the injustices of American racial capitalist empire that the Wards Cove majority willfully ignored in rejecting their longstanding claims. This racial innocence in turn rationalized judicial reconstruction of official civil rights law in ways that significantly increased the obstacles for all workers seeking remedies for institutionalized racism and sexism. A reclamation of a long legacy of racial capitalist domination over Filipinos and other low-wage or unpaid migrant workers, Union by Law also tells a story of noble aspirational struggles for human rights over several generations and of the many ways that law was mobilized both to enforce and to challenge race, class, and gender hierarchy at work.
This book explores the legal and practical implications of the digital age for employment and industrial relations. To that end, the book analyses the problems arising from the digitalisation of work and the negative effects on working conditions in fields such as platform work, robotisation, discrimination, data protection, and freedom of speech. It also looks at how to ensure decent working conditions for workers affected by digitalisation, by investigating the minimum standards that should be ensured to mitigate negative effects - and how these could be best guaranteed by legislation and collective bargaining. The book presents a theoretical framework on the impact of automatisation, robotics, and digitalisation on the very basic principles of individual and collective labour law. The chapters provide an in-depth analysis of new patterns of work prompted by digitalisation, including: classification of platform workers; recognition of employment and social security rights; competition law aspects of platform work; remote (tele)work arrangements; algorithmic decision-making and remote surveillance; data protection and privacy; and social media in working environments. The book is an important reference for academics and researchers, social partners, and policy makers with an interest in labour law and industrial relations.
The research underpinning this book was designed to support and further develop ideas already described in broader and more theoretical studies,about the dialogues happening among national courts and the ECJ as a key factor of European integration. The role played by the courts as part of the interplay of institutions within the European Union has been recognised as crucial, and this research, which was conducted at the European University Institute, homes in upon some specific examples. It deals with six Member States of the European Union: Denmark, France, Germany, Italy, Spain and the UK, analysing two select but significant areas of substantive law: transfer of undertakings and equality legislation. The analysis dwells on these key areas, although some other fields of social law were selected in order to prove the main theory underlying the whole research. While on the one hand offering a comparative assessment of developments in the six member states chosen for study, the research also highlights national peculiarities as well as the factors perceived to be driving national actors towards the preliminary ruling procedures This work will be of interest to all scholars of EU law and labour law.
Families in market economies have long been confronted by the demands of participating in paid work and providing care. Across Europe the social, economic and political environment within which families do so has been subject to substantial change in the post-World War II era and governments have come under increasing pressure to engage with this important area of public policy. In the UK, as elsewhere, the tensions which lie at the heart of the paid work/unpaid care conflict remain unresolved posing substantial difficulties for all of law's subjects both as carers and as the recipients of care. What seems like a relatively simple goal - to enable families to better balance care-giving and paid employment - has been subject to and shaped by shifting priorities over time leading to a variety of often conflicting policy approaches. This book critiques how working families in the UK have been subject to regulation. It has two aims: * To chart the development of the UK's law and policy framework by focusing on the post-war era and the growth and decline of the welfare state, considering a longer historical trajectory where appropriate. * To suggest an alternative policy approach based on Martha Fineman's vulnerability theory in which the vulnerable subject replaces the liberal subject as the focus of legal intervention. This reorientation enables a more inclusive and cohesive policy approach and has great potential to contribute to the reconciliation of the unresolved conflict between paid work and care-giving.
How we can understand race, crime, and punishment in the age of Black Lives Matter When The Color of Crime was first published in 1998, it was heralded as a path-breaking book on race and crime. Now, in its third edition, Katheryn Russell-Brown's book is more relevant than ever, as police killings of unarmed Black civilians-such as George Floyd, Breonna Taylor, and Daniel Prude-continue to make headlines around the world. She continues to ask, why do Black and white Americans perceive police actions so differently? Is white fear of Black crime justified? With three new chapters, over forty new racial hoax cases, and other timely updates, this edition offers an even more expansive view of crime and punishment in the twenty-first century. Russell-Brown gives us much-needed insight into some of the most recent racial hoaxes, such as the one perpetrated by Amy Cooper. Should perpetrators of racial hoaxes be charged with a felony? Further, Russell-Brown makes a compelling case for race and crime literacy and the need to address and name White crime. Russell-Brown powerfully concludes the book with a parable that invites readers to imagine what would happen if Blacks decided to abandon the United States. Russell-Brown explores the tacit and subtle ways that crime is systematically linked to people of color. The Color of Crime is a lucid and forceful volume that calls for continued vigilance on the part of scholars, policymakers, journalists, and others in the age of Black Lives Matter.
The psychological contract lies at the heart of your relationship with the organisation you work for. It is the deal you make with your employer and colleagues at work; it is about your mutual expectations and their fulfilment. Too often this contract is implicit and left to chance, resulting in misunderstanding, stress, lower commitment and performance. The author demonstrates how to use the psychological contract to raise the business game and increase personal fulfilment. Managing the Psychological Contract is the first book which shows how the psychological contract can be used in practice. In it Michael Wellin advocates going beyond the traditional static view of the psychological contract between the organisation and its employees. He shows how to create unique and dynamic customised Personal Deals between people and teams. He does this by showing how to make personal deals explicit and mutual, and provides practical tips for leaders, employees and HR professionals. Separate chapters are devoted to leadership, culture change and strategic HR management. There is also a chapter of practical ideas for individuals who want to change their personal deal at work. The author's ideas are based on his own research and consultancy experience as well as the latest business school research. The book has a number of case studies showing how different organisations use the psychological contract. This is an important and extremely readable book for all those concerned with the improved performance of people and organisations.
Increased life expectancy and an ageing workforce have highlighted the problem of age discrimination in developed countries. Malcolm Sargeant's Age Discrimination in Employment is an encyclopedic guide for HR specialists and employment lawyers to the nature of age discrimination in the workplace in a number of countries, along with a discussion of the main thrust of employment law in this area, including an analysis of the Employment Equality (Age) Regulations 2006. The book opens with a consideration of what age discrimination is and how it manifests itself at the workplace and elsewhere. It also breaks discrimination down by age (discrimination against young, middle, and senior age employees) and explores multiple discrimination, including age and gender, ethnicity, sexual orientation, and disability. An important reference for HR departments, policy-makers and others concerned with organizational culture and development, discrimination, and social policy.
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.
This work examines the role that the law plays in the eradication of unfair discrimination and promotion of affirmative action in the workplace, examining the Employment Equity Act as well as the manner in which the courts have interpreted and given effect to the Act. It is divided into four parts. In Part One the current legislative framework regulating employment equity, namely the Constitution and the Employment Equity Act, is examined. Part Two of the book focuses on the general principles of employment discrimination law. It examines the concept of "unfair discrimination", the distinction between "direct" and "indirect" discrimination and "listed" and "unlisted" grounds of discrimination. This Part also deals with the statutory defences against an allegation of unfair discrimination. Part Three examines issues such as dismissal on discriminatory grounds including race, sex, disability and HIV/AIDS; the principle of equal pay for work of equal value; discrimination against persons with disabilities; employment testing; sexual harassment; and affirmative action. Part Four of the book deals with the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) to the extent that it impacts on the workplace.
The Oxford Handbook of American Sports Law takes the reader through the most important controversies and critical developments in law and U.S. sports. Over the course of 30 chapters, leading scholars explore this expanding and captivating area of law. The Handbook is the first book to gather dozens of perspectives on sports law controversies in the United States, and will be of interest to those who study and practice sports law, as well as journalists, broadcasters, and legally minded sports fans. The Oxford Handbook of American Sports Law incorporates analysis of key historical events in sports law-such as the rise of free agency in professional sports and the concept of "amateurism" for college athletes-and their broader context. Contemporary legal controversies in U.S. sports and their accompanying questions are also of central importance: In a sensible legal system, how would long-term neurological injuries from contact sports be addressed? How would the use of racially insensitive team names be resolved? How would a seemingly trivial dispute over air pressure in footballs be studied from the competing perspectives of players, teams, and leagues? The Oxford Handbook of American Sports Law weighs not just the facts, but how courts and lawmakers ought to consider the most important questions at stake. The essays in this volume also canvass the types of legal controversies in sports likely to surface in the future. This is particularly true of law and technology matters, including those related to broadcasting and streaming. Legal doctrine has been and will continue to be forced to adapt to these developments, and the Handbook both forecasts coming debates and outlines where the law may be headed.
This book is intended to meet a range of different needs and to cater for different levels of knowledge about employee ownership. If you are considering making your company employee-owned or you are advising someone going through that process, and in either case are new to the topic, you can build up your knowledge levels from Chapter 1. Alternatively, the book can be used as a reference work if you have a particular question to answer.Some parts of the book will not be relevant to every reader. For example, several Chapters consider how employees can acquire shares personally: these will not be relevant to companies which intend their employee ownership only to be through an employee trust. The book is intended as practical guide rather than a highly detailed technical treatise. Its priority is to explain key issues in an accessible fashion and to raise awareness of where further exploration and advice may be important.
"A MUST-READ FOR ANYONE INTERESTED IN UNDERSTANDING AND DISMANTLING MASS INCARCERATION." -Chesa Boudin, District Attorney of San Francisco America's criminal justice system is among the deadliest and most racist in the world and it disproportionately targets Black Americans, who are also disproportionately poor, hungry, houseless, jobless, sick, and poorly educated. By every metric of misery, this nation does not act like Black Lives Matter. In order to break out of the trap of racialized mass incarceration and relentless racial oppression, we, as a society, need to rethink our basic assumptions about blame and punishment, words and symbols, social perceptions and judgments, morality, politics, and the power of the performing arts. N*gga Theory interrogates conventional assumptions and frames a transformational new way of thinking about law, language, moral judgments, politics, and transgressive art-especially profane genres like gangsta rap-and exposes where racial bias lives in the administration of justice and everyday life. Professor Jody Armour (Negrophobia and Reasonable Racism) calls for bold action: electing progressive prosecutors, defunding or dismantling the police, abolition of the prison industrial complex. But only after eradicating the anti-black bias buried in the hearts and minds of millions of Americans and baked into our legal system will we be able to say that Black Lives Matter in America.
Volume 17 of Research in Occupational Stress and Well Being is focused on the stress and well-being related to the marketing discipline. This volume is focused on the connections between employee stress, health, and well-being as it relates to marketing, sales, and customers. We have 7 chapters devoted to critical topics such as internal selling, stress at the consumer-employee interface, how leaders can affect the customer experience, and the unique stressors associated with being a persuasion agent. Further, we have two comprehensive empirical reviews of topics in this domain. The first examines the degree to which positive psychology constructs relate to sales performance. The second examines customer mistreatment towards employees and how it impacts their well-being. The final chapter takes a more practitioner perspective and examines the importance of taking into account stress tolerance when selecting and training sales personnel. The objective of this series is to promote theory and research in the increasingly growing area of occupational stress, health and well-being, and in the process, to bring together and showcase the work of the best researchers and theorists who contribute to this area. Questions of work stress and well-being span many disciplines and many specialized journals. One of the virtues of this series has been to provide a multidisciplinary and international platform that gives a thorough and critical assessment of knowledge, and major gaps in knowledge, on occupational stress and well-being.
This open access book explores the role of the ILO (International Labour Organization) in building global social governance from multiple and mutually complementary perspectives. It explores the impact of this UNs oldest agency, founded in 1919, on the transforming world of work in a global setting, providing insights into the unique history and functions of the ILO as an organization and the evolution of workers' rights through international labour standards stemming from its regulatory mechanism. The book examines the persistent dilemma of balancing the benefits of globalization with the protection of workers. It critically assesses the challenges that emerge when international labour standards are implemented and enforced in highly diverse regulatory frameworks in international, regional, national and local contexts. The book also identifies feasible ways to achieve more inclusive labour protection, putting into perspective the tension between the economic and the social in the ILO's second century of operation. It includes reflections on the work of the ILO World Commission on the Social Dimension of Globalisation by Tarja Halonen, who as President of Finland co-chaired the Commission with Benjamin William Mkapa, President of Tanzania. Written by distinguished experts and scholars in the fields of international labour law and international law, the book provides an insightful and in-depth analysis of the role of the ILO as an international organization devoted to decent work and social justice. It also sheds light on tripartism and its particular role in the work of the ILO, examining the challenges that a profoundly changing working life presents in terms of labour protection and social justice, and examining the transnational dimension of labour law. Lastly, the book includes a postscript by Nobel economics laureate Professor Joseph E. Stiglitz.
This book addresses emerging questions concerning who should bear responsibility for shouldering risk, as well as the viability of existing and experimental governance mechanisms in connection with new technologies. Scholars from 14 jurisdictions unite their efforts in this edited collection to provide a comparative analysis of how various legal systems are tackling the challenges produced by the legal aspects of genetic testing in insurance and employment. They cover the diverse set of norms that surround this issue, and share insights into relevant international, regional and national incursions into the field. By doing so, the authors offer a basis for comparative reflection, including on whether transnational standard setting might be useful or necessary for the legal aspects of genetic testing as they relate to the insurance and employment contexts. The respective texts cover a broad range of topics, including the prevalence of genetic testing in the contexts of insurance and employment, and policy factors that might affect this prevalence, such as the design of national health or social insurance systems, of private insurance schemes or the availability of low-cost direct-to-consumer genetic testing. Further, the field of genetics is gaining in importance at the international and regional levels. Relevant concepts - mainly genetic tests and genetic data/information - have been internationally defined, and these definitions have influenced definitions adopted nationally. International law also recognizes a "special status" for human genetic data. The authors therefore also consider these definitions and the recognition of the special status of human genetic data within regional and national legal orders. They investigate the range of norms that specifically address the use of genetic testing in employment and insurance, encompassing international sources - including human rights norms - that may be binding or non-binding, as well national statutory, regulatory and soft-law mechanisms. Accordingly, some of the texts examine general frameworks relevant to genetic testing in each country, including those that stem from general anti-discrimination rules and norms protecting rights to autonomy, self-determination, confidentiality and privacy. In closing, the authors provide an overview of the efficiency of their respective legal regimes' approaches - specific and generalist - to genetic testing or disclosure of genetic information in the employment or insurance contexts, including the effect of lack of legal guidance. In this regard, some of the authors highlight the need for transnational action in the field and make recommendation for future legal developments.
The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of Arbitration for Sport (CAS) and national courts in 2017. It is a must have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on current issues raised by international sports arbitration, and commentaries by esteemed academics and experienced practitioners on the most important decisions of the year by the CAS and national courts. Dr. Antoine Duval is Senior Researcher at the T.M.C. Asser Instituut in The Hague and heads the Asser International Sports Law Centre. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchatel, Switzerland, and is the partner in charge of the sports arbitration practice at Levy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration. |
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