This volume gathers together chapters that address the theme of implementing fundamental labour rights in China. It explores the legal framework as well as key institutions and other actors along with the socio-economic context involved in interpretation, implementation, enforcement and overall promotion of fundamental labour rights in China. As a collection of chapters, it assembles comparative and mutually complementary perspectives and insights by distinguished scholars from China, Europe and the United States. With its broad perspective on implementation, the book discusses the most topical challenges to realizing fundamental labour rights in China. China was among the founding members of the ILO. With the regulatory approach of the ILO, fundamental labour rights have gained a new foothold as a key pillar in managing the social dimension of globalization. The development of fundamental labour rights protection in China can be viewed as part of a larger development within China's domestic economic and social transition as well as its integration into the global economic system. While China has ratified four of the eight ILO core conventions, the challenge of effective implementation and enforcement in the domestic context remains. With its in-depth research on fundamental labour rights in the particular cultural context of the Chinese experience, this book studies Chinese labour law from multiple perspectives, at the same time examining the wider role of international labour standards in developing Chinese law and society. This volume is a remarkable enlargement of existing scholarship on international labour standards, on the one hand, and fundamental labour rights in China on the other. These chapters thoroughly analyse the legal and institutional framework for implementing labour law in China. Among the topics covered are fundamental labour rights including freedom from forced labour, prohibition of use of child labour and non-discrimination. In addition, this volume benefits from socio-historical observations on the cultural logics that inform implementation of fundamental labour rights in China in which the history and current development of Chinese labour law are equally reflected with substantive depth.

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

This volume takes a look at the status quo of whistleblowing in several jurisdictions from around the world. Covering a topic that draws the attention of a broad public and is gaining importance amongst legislators, practitioners and scholars all over the globe, the book examines the various aspects of whistleblowing. It looks at what kind of legal protection of whistleblowers is in force, who is protected, what kind of behaviour is protected, and what kind of behaviour whistleblowers are protected against. This is achieved by a combination of a general comparative report with country-specific reports that give information on whistleblowing in various jurisdictions. These countries include, amongst others, Canada, Germany, France, Italy, the Netherlands and the USA. A synopsis comprises information on whistleblowing in 23 countries in one tabula. The chapters of this book were originally prepared for the XIXth International Congress of Comparative Law (20th and 21 July 2014) of International Academy of Comparative Law in Vienna.

In many American cities, the urban cores still suffer. Poverty and unemployment remain endemic, despite policy initiatives aimed at systemic solutions. Rashmi Dyal-Chand's research has focused on how businesses in some urban cores are succeeding despite the challenges. Using three examples of urban collaborative capitalism, this book extrapolates a set of lessons about sharing. It argues that sharing can fuel business development and growth. Sharing among businesses can be critical for their economic survival. Sharing can also produce a particularly stable form of economic growth by giving economic stability to employees. As the examples in this book show, sharing can allow American businesses to remain competitive while returning more wealth to their workers, and this more collaborative approach can help solve the problems of urban underdevelopment and poverty.

HSE has published a new, simplified version of the Health and Safety Law Poster. It tells workers what they and their employers need to do in simple terms, using numbered lists of basic points. As an employer, you are required by law to either display the HSE-approved poster or to provide each of your workers with this equivalent 'pocket card'. This is more durable and better suited to the workplace than the previous leaflet.

This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees. Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees. Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.

Stories of Care: A Labour of Law is an interdisciplinary study of the interactions of law and labour that shape paid care work. Based on the experiences of homecare workers, this highly topical text unpicks doctrinal assumptions about class and gender to interrogate contemporary labour law. It demonstrates how the UK's crisis in social care is connected to the gendered inadequacy of labour law and argues for transformative change to law at work. 'Utterly compelling. Perhaps the best ever example in modern labour law scholarship of research-led recommendations.' - Keith Ewing, Professor of Public Law, King's College London 'An important contribution to socio-legal research on care work and labour law.' - Judy Fudge, Professor of Labour Law, University of Kent 'Innovative and meticulous; merits a very wide readership.' - Lizzie Barmes, Professor of Labour Law, Queen Mary University of London 'A really important text which shows, through deep analysis of care workers' stories, how badly undervalued their work is... It offers an excellent analysis.' - Robin Allen QC, Cloisters Chambers 'A rare and valuable insight into the lives and views of women who work in the little known world of homecare for rates of pay and conditions that shame our society.' - David Brindle, Public Services Editor, The Guardian 'Boundary-breaking ... an outstanding contribution to the growing field of feminist labour law scholarship.' - Joanne Conaghan, Professor of Law, University of Bristol

Reflexive Labour Law in the World Society investigates trends in labour and employment law from the perspective of modern social systems theory.It uses Niklas Luhmann's theory of the world society and Gunther Teubner's reflexive law concept for an analysis of modern employment law and industrial relations. Areas investigated include: reflexive employment protection; the reflexive regulation and deregulation of labor market policies and labour law; reflexivity in labor and employment conflict resolution; reflexive coordination and implementation of EU social and employment law; and reflexive global labor law. Contents: Preface Part I: Theory 1. The World Society Context: The Globalisation of Labour Law 2. Reflexive Labour Law: A General Introduction 3. Industrial Relations as a Social System Part II: Reflexive Trends in Modern Labour Law 4. Reflexive Employment Protection 5. Reflexive Regulation of Labour Market Policies 6. Reflexive Deregulation of Labour Market Policies and Labour Law 7. Reflexive Regulation of Labour and Employment Conflict Resolution Part III: Reflexive European and International Labour Law 8. Reflexive Coordination of European Social and Employment Policies 9. Reflexive Implementation of EU Employment Law - A Case Study of the Working Time Directive 10. Reflexive Global Labour Law Bibliography Index

Across Europe, market mechanisms are spreading into areas where they did not exist before. In public administration, market governance is displacing other ways of coordinating public services. In social policy, the welfare state is retreating from its historic task of protecting citizens from the discipline of the market. In industrial relations, labor and management are negotiating with an eye to competitiveness, often against new non-union market players. What is marketization, and what are its effects? This book uses employment services in Denmark, Germany, and Great Britain as a window to explore the rise of market mechanisms. Based on more than 100 interviews with funders, managers, front-line workers, and others, the authors discuss the internal workings of these markets and the organizations that provide the services. This book gives readers new tools to analyse market competition and its effects. It provides a new conceptualization of the markets themselves, the dilemmas and tradeoffs that they generate, and the differing services and workplaces that result. It is aimed at students and researchers in the applied fields of social policy, public administration, and employment relations and has important implications for comparative political economy and welfare states.

The emergence of a 'labour market' in industrial societies implies not just greater competition and increased mobility of economic resources, but also the specific form of the work relationship which is described by the idea of wage labour and its legal expression, the contract of employment. This book examines the evolution of the contract of employment in Britain through a close investigation of changes in its juridical form during and since the industrial revolution. The initial conditions of industrialization and the subsequent growth of a particular type of welfare state are shown to have decisively shaped the evolutionary path of British labour and social security law. In particular, the authors argue that nature of the legal transition which accompanied industrialization in Britain cannot be adequately captured by the conventional idea of a movement from status to contract. What emerged from the industrial revolution was not a general model of the contract of employment, but rather a hierarchical conception of service, which originated in the Master and Servant Acts and was slowly assimilated into the common law. It was only as a result of the growing influence of collective bargaining and social legislation, and with the spread of large-scale enterprises and of bureaucratic forms of organization, that the modern term 'employee' began to be applied to all wage and salary earners. The concept of the contract of employment which is familiar to modern labour lawyers is thus a much more recent phenomenon than has been widely supposed. This has important implications for conceptualizations of the modern labour market, and for the way in which current proposals to move 'beyond' the employment model, in the face of intensifying technological and institutional change, should be addressed.

This book focuses on descriptions of the developments in legal frameworks and policies regarding the human rights of older persons. First, it covers the policies adopted and practices developed at the universal system, particularly within the sphere of the United Nations. Second, it includes a side-by-side comparison of the work of regional human rights mechanisms, which have picked up some momentum in the past decade. Through its inclusion of law, policy, and current processes, the widest net possible has been cast to collect a descriptive resource for advocates. Overall, we hope that this book contributes to a better understanding of the current limitations and possibilities that international institutions offer to uphold the human rights of older persons. We expect that this information will allow states and other policy makers to move forward with the international recognition of the human rights of older persons. We know this is only a first effort in compiling and reporting the standards that are being produced by different international institutions. But we have no doubt that many others will follow with their expert analysis of these emerging standards, and that the ongoing discussion will finally crystalize in international human rights binding instruments explicitly recognizing the universal rights of older persons.

This book draws upon nearly seven decades of first-hand experiences from the ground to understand social exclusion, and movements and efforts for social justice in India. The author, a renowned champion of social justice for deprived social classes, delves into the roots of discrimination in Indian society as well as explains why caste discrimination still persists and how it can be effectively countered. The volume: examines the caste system and its socio-economic ramifications from the perspective of Dalits, and Socially and Educationally Backward Classes; explores the nuances of the Gandhi-Ambedkar debate on the status and liberation of Dalits and synthesis of the approaches of Gandhi, Ambedkar, Narayana Guru and Marx in resolving certain key issues; analyses legal, economic, social and cultural frameworks to understand caste system and related concepts such as 'untouchability', atrocities, reservation, etc. in contemporary India; and provides practical insights into the Constitution-based comprehensive measures required to remedy the consequences of caste system and establish social equality in a holistic manner. The book will interest scholars and researchers of social exclusion and social justice, Dalit, Adivasi and Backward Classes studies, sociology and social anthropology, politics, law and human rights, as well as policy-makers, think tanks and NGOs in the field.

Adjudicating Employment Rights compares and analyses institutions for resolving employment rights disputes in ten countries. In addition to detailed individual chapters, the study offers a theoretical perspective and an evaluation of national institutions against key yardsticks.

According to an estimate issued by the Institute of Employment Market and Occupational Research, 50% of the employees in Germany are currently working outside the scope of a collective wage agreement. This situation requires systematization and a new assessment of those employment conditions that are no longer comparable to the classic employment conditions.

This publication gives an overview of all key aspects of German labour and employment law as well as adjoining fields. Legal professionals with expert knowledge and many years of experience explain the legal basis of these aspects of German law, point out typical practical problems and suggest solutions to those problems. In addition, examples are given on how to best manage legal pitfalls to minimize risks. This book translates employment and labour law for foreign in-house counsels and human resources managers at international companies and provides a clear understanding of the complex legal regulations in Germany. All three editors of the book, Dr. Jens Kirchner, Pascal R. Kremp and Michael Magotsch, are key legal professionals working at the Frankfurt office of DLA Piper, one of the largest legal services providers in the world (www.dlapiper.com), with national and multinational clients. Their experience includes the management of cross-border restructurings, outsourcing and transfer of undertaking measures, as well as the management of national and multi-jurisdictional merger and acquisitions projects, including post-merger integration processes.

This book is an overview of the hazards of firefighting, the health risks of exposure to combustion products that characterize firefighting, the science behind interpreting these risks for purposes of identifying diseases as work-related, and the legal and policy implications of adopting legislated "presumption" for purposes of compensation. The emphasis of the book will be on the risk of cancer, cardiovascular disease, traumatic hazards, and disabling psychosocial adjustment following major incidents. Several new studies have appeared recently, including the largest study of firefighters ever done, by the National Institute of Occupational Health and Safety (NIOSH). They evidence supports the conclusion that firefighters face significant occupational health risks in addition to the obviously severe safety hazards.

This monograph was originally developed as a direct response to the claim made by members of the 'Employers Group' at the 2012 International Labour Conference, namely that the right to strike is not protected in international law, and in particular by ILO Convention 87 on the right to freedom of association. The group's apparent aim was to sow sufficient doubt as to the existence of an internationally protected right so that governments might seek to limit or prohibit the right to strike at the national level while still claiming compliance with their international obligations. In consequence, some governments have seized on the employers' arguments to justify new limitations on that right. The Right to Strike in International Law not merely refutes this claim but is the only complete and exhaustive analysis on this subject. Based on deep legal research, it finds that there is simply no credible basis for the claim that the right to strike does not enjoy the protection of international law; indeed, the authors demonstrate that it has attained the status of customary international law.

This well-researched book analyzes the positioning of EU constitutional law towards economic and social integration by contrasting liberal and socially embedded constitutionalism. The book draws on a unique content and discourse analysis of all Grand Chamber decisions on substantive EU law since May 2004. It finds the EU's 'judicial constitution' to be more nuanced and more uniform than expected. While the Court of Justice enforces the constitution of integration, it favors economic freedoms under mainly liberal paradigms, but socially embeds constitutionalism in citizenship cases. The 'judicial constitution' contrasts with EU Treaties after the Treaty of Lisbon in that their new value base enhances European social integration. However, the Treaties too seem contradictory in that they do not expand the EU's competence regime accordingly. In the light of these contradictions, Dagmar Schiek proposes a 'constitution of social governance': the Court and EU institutions should encourage steps towards social integration at EU level to be taken by transnational societal actors, rather than condemn their relevant activity. Economic and Social Integration will appeal to academics and postgraduate students in EU law, EU politics, European sociology, international relations, international law, labor law, and welfare state theory. Undergraduate students in labor law, policy advisors on EU social policy and welfare state, government departments and EU Commission departments will also find much to interest them in this book.

This book examines the plight of migrant workers and their families in countries of employment, and the protection which they receive under international human rights law. It focuses on their economic, social, cultural, political and residence rights, and also contains a detailed case-study on their legal situation in Europe.

Labour market flexibility is one of the most closely debated public policy issues in India. This book provides a theoretical framework to understand the subject, and empirically examines to what extent India's 'jobless growth' may be attributed to labour laws. There is a pervasive view that the country's low manufacturing base and inability to generate jobs is primarily due to rigid labour laws. Therefore, job creation is sought to be boosted by reforming labour laws. However, the book argues that if labour laws are made flexible, then there are adverse consequences for workers: dismantled job security weakens workers' bargaining power, incapacitates trade union movement, skews class distribution of output, dilutes workers' rights, and renders them vulnerable. The book: identifies and critically examines the theory underlying the labour market flexibility (LMF) argument employs innovative empirical methods to test the LMF argument offers an overview of the organised labour market in India comprehensively discusses the proposed/instituted labour law reforms in the country contextualises the LMF argument in a macroeconomic setting discusses the political economy of labour law reforms in India. This book will interest scholars and researchers in economics, development studies, and public policy as well as economists, policymakers, and teachers of human resource management.

Understanding sectoral determination 9: The wholesale & retail sector presents a non-legalistic commentary on the specific minimum conditions of employment applicable to persons employed in South Africa in this sector. The key provisions of the sectoral determination are covered in a systematic manner, with 'Key Point' summaries at the end of each section. Understanding sectoral determination 9 also contains the text of the legislation for easy reference. All employers in this sector are required, in terms of s36 of the determination, to have a copy of the determination available at the workplace. This title fulfills that requirement, as well as providing an explanation of the law.