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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Employment & labour law
This white paper focuses on the policy interventions made to help
people manage risk, uncertainty and the losses from events whose
impacts are channelled primarily through the labour market.
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.
A principal forbids same-sex prom dates. A community group tries to
prohibit gender-neutral bathrooms. Despite growing acceptance of
2SLGBTQ+ rights, schools still regularly become battlegrounds in
clashes between the expression of gender or sexual identity and a
perceived threat to religious identity or values. Making the Case
explains the position of Canadian law. It demonstrates that
Canadians have rights to both religion and rights to gender
expression or sexual orientation. It then provides evidence from
case law to show that sexual minority rights do not undermine
rights to religious freedom. This book is an important tool for
anyone working to create an inclusive school environment or respond
to rights-based conflicts within the school system.
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 publication reviews the state of international migration out
of Tajikistan and proposes programs and services to further
strengthen support for migrant workers, including those affected by
the impact of the coronavirus disease (COVID-19). Migration for
work is an important livelihood option for many households in
Tajikistan due to limited job opportunities. Remittances from
migrant workers significantly supplement the countryOs foreign
currency reserves. But the economic crisis and worldwide shutdown
induced by COVID-19 have caused international migration flows to
fall and remittances are projected to decline significantly. The
publication also reviews international best practices and discusses
ways to address migrant workers' issues related to the pandemic.
This monograph investigates current issues in labour law
enforcement from a socio-legal perspective. It analyses how local
Italian enforcement actors promote the protection of workers in
Prato - a city that in recent decades has seen a significant influx
of Chinese migrants who run small workshops as part of the local
clothing industry. Many of the Chinese firms in Prato fail to live
up to core labour standards, such as maximum working hours, health
and safety at work and payment of social security contributions.
The book analyses the strategies and practices employed by three
local enforcement actors (labour inspectors, labour unionists and a
new type of labour law consultant) in their efforts to assist
Chinese firms in improving their level of labour law compliance.
Combining documentary, interview and observational data, the book
applies theories of legal culture and legal development to address
the interaction between law and society. It focuses on the
operational aspects of law by asking three interrelated research
questions: How do local enforcement actors promote the protection
of workers in Chinese firms in Prato? Which tools are employed, and
which rationalities drive the initiatives? The book thereby sheds
light upon processes of legal cultural adaptation, informing
ongoing international and national debates about what can actually
be done to combat contemporary gaps in the protection of workers.
The 1939 Supreme Court decision Hague v. CIO was a constitutional
milestone that strengthened the right of Americans, including labor
organizers, to assemble and speak in public places. Donald W.
Rogers eschews the prevailing view of the case as a morality play
pitting Jersey City, New Jersey, political boss Frank Hague against
the Committee for Industrial Organization (CIO) and allied civil
libertarian groups. Instead, he draws on a wide range of archives
and evidence to re-evaluate Hague v. CIO from the ground up.
Rogers's review of the case from district court to the Supreme
Court illuminates the trial proceedings and provides perspectives
from both sides. As he shows, the economic, political, and legal
restructuring of the 1930s refined constitutional rights as much as
the court case did. The final decision also revealed that assembly
and speech rights change according to how judges and lawmakers act
within the circumstances of a given moment. Clear-eyed and
comprehensive, Workers against the City revises the view of a
milestone case that continues to impact Americans' constitutional
rights today.
Das Chefsache-Buch unterstutzt Arbeitgeber und leitende Angestellte
mit wichtigen Informationen zu allen Themen des
Individualarbeitsrechts. Weit verbreitet ist die Ansicht, dass "der
Arbeitnehmer doch sowieso immer gewinnt" und dass man als
Arbeitgeber "ohnehin keine Chance vor Gericht hat" hat. Doch das
muss nicht sein - wenn man sich als Arbeitgeber mit der Thematik
rechtzeitig beschaftigt und mit Augenmass und Wertschatzung an die
Materie herangeht. Dafur ist dieses Buch ein hilfreicher Einstieg.
Der Text verzichtet komplett auf juristische Fachsprache.
Stattdessen vermittelt der Autor die Materie sehr kompakt,
verstandlich und humorvoll. Zahlreiche Beispielfalle und Info-Boxen
verdeutlichen die Zusammenhange. So werden die Leser schnell fur
die arbeitsrechtlichen Knackpunkte und Stolpersteine
sensibilisiert. Im Anhang werden Mustertexte fur einen
Arbeitsvertrag, einen Aufhebungsvertrag und eine Abmahnung zur
Verfugung gestellt.
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.
This book shows how to design labour rights to effectively protect
digital platform workers, organise accountability on digital work
platforms, and guarantee workers' collective representation and
action. It acknowledges that digital work platforms entail enormous
risks for workers, and at the same time it reveals the extent to
which labour law is in need of reconstruction. The book focusses on
the conceptual links - often overlooked in the past - between
labour law's categories and its regulatory approaches. By
explaining and analysing the wealth of approaches that deconstruct
and reconceptualise labour law, the book uncovers the
organisational ideas that permeate labour law's categories as well
as its policy approaches in a variety of jurisdictions. These ideas
reveal a lack of fit between labour law's traditional concepts and
digital platform work: digital work platforms rarely behave like
hierarchical organisations; instead, they more often function as
market organisers. The book provides a fresh perspective for
international academic and policy debates on the regulation of
digital work platforms, as well as on the purposes and foundations
of labour law. It offers a way out of the impasse the debate around
labour law classification has reached, by showing what labour law
could learn from digital law approaches to platforms - and vice
versa.
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