This book offers a critical reflection on the operation and effects of labour regulation. It articulates the broad goals and extensive potential for it to contribute to inclusive development, while also considering the limits of some areas of regulation and governance. Drawing on both field studies and innovative theoretical perspectives, the contributors reveal an emerging consensus that labour regulation is neither negative nor positive for economic and social outcomes. By comparing the concerns and methodologies of various disciplines, they argue that balanced regulation is essential. Following analysis of how the global financial crisis has increased labour market segmentation, the book addresses the needs of key groups often at the periphery, including young women, workers in the informal economy, migrants and home-care workers. The book argues that effective and efficient labour market regulation can contribute to achieving key policy goals of employment formalization and inclusive labour markets, while also pursuing equitable distribution. An important comparative work, academics and students will find this book to be of exceptional value, particularly those studying law, economics, political science, international relations and development studies. Practitioners and policy-makers from both developed and developing countries will also benefit from the wide range of perspectives. Contributors include: D. Bailey, F. Bertranou, L. Casanova, S. Charlesworth, A. De Ruyter, C. Fenwick, M. Freedland, J. Grundy, B.-H. Lee, R. Rachmawati, J. Rubery, M.I. Syaebani, M.P. Thomas, K. Tijdens, V. Van Goethem, M. Van Klaveren, A.M. Vargas Falla, L.F. Vosko, T. Warnecke

Labour and social security law studies have addressed the topic of the decline of the standard employment relationship mainly from the point of view of the growing number of atypical relationships. Only a limited number of studies have examined the issue from the perspective of the differentiation between core and contingent work. Such an examination is necessary as the increase in contingent work leads to complicated legal questions which vary between European states depending on the type of contingent arrangements that have become most prevalent. This book analyses, using a comparative approach, these different types of contingency from a national and EU perspective touching on the work relationship from a labour as well as a social security point of view. The aim of the book is to identify and analyse those questions adopting an innovative approach and to put forward proposals for safeguarding social cohesion within undertakings and European society.

How do Family and Medical Leave Act rights operate in practice in the courts and in the workplace? This empirical study examines how institutions and social practices transform the meaning of these rights to recreate inequality. Workplace rules and norms built around the family wage ideal, the assumption that disability and work are mutually exclusive, and management's historical control over time all constrain opportunities for social change. Yet workers can also mobilize rights as a cultural discourse to change the social meaning of family and medical leave. Drawing on theoretical frameworks from social constructivism and new institutionalism, this study explains how institutions transform rights to recreate systems of power and inequality but at the same time also provide opportunities for law to change social structure. It provides a fresh look at the perennial debate about law and social change by examining how institutions shape the process of rights mobilization.

This landmark book looks at what it means to be a multiracial couple in the United States today. According to Our Hearts begins with a look back at a 1925 case in which a two-month marriage ends with a man suing his wife for misrepresentation of her race, and shows how our society has yet to come to terms with interracial marriage. Angela Onwuachi-Willig examines the issue by drawing from a variety of sources, including her own experiences. She argues that housing law, family law, and employment law fail, in important ways, to protect multiracial couples. In a society in which marriage is used to give, withhold, and take away status-in the workplace and elsewhere-she says interracial couples are at a disadvantage, which is only exacerbated by current law.

In recent years it has become clear that many businesses, motivated by avoiding the rigidity and the price tag associated with labour law and social security, have succeeded in eroding the protection of labour law by creating numerous categories of workers classified as non-employees. In 1996 the International Labour Organisation (ILO) adopted Recommendation 198, which asks its Members to undertake action to reduce 'disguised' employment relationships, with the goal of ensuring that those actually working in an employment relationship are actually given the corresponding legal status. Though these are - from a legal approach - two conceptually different phenomena, they are closely related from a social policy point of view. In order to make a substantial contribution to the discussion on these developments a group of noted European labour law scholars has undertaken the research assembled in this book, recommending labour law reforms based on a close examination of existing conditions. The eight authors analyse measures and legal instruments offered by the European Union and the ILO to cover persons performing personal work, as well as specific developments in Belgium, France, The Netherlands, Poland, Germany, and the United Kingdom. In each case they describe viable ways in which categories of persons not treated as employees can be brought under the protection of labour law and how the distinction between employees and self-employed can become more clear. In a concluding final Chapter comparative conclusions are drawn on the basis of this study and recommendations are given to the EU, the ILO and the individual Member States. Among the specific issues covered are the following: * redefining the subordination criterion; * the role of the courts; * determination of the contract of employment; * forms of labour involving more than two contracting parties (e.g., employment agency arrangements); * the legal position of temporary workers; * 'employee-like' persons, e.g., home-workers or commercial representatives; * the 'bogus' self-employed; * introduction and effect of legal presumptions in labour law and/or social security; * developing uniform criteria for the employment relationship; * criteria for identifying self-employed but economically-dependent workers; * extension of protection of labour law to persons other than employees or the self-employed; and * social rights applicable to all work contracts irrespective of their formal qualification; * floor of core rights. This study seriously contributes toward overcoming the reluctant and piecemeal measures commonly taken to extend the protection of the employment contract. Although the authors acknowledge the continuing tension between labour law protection and the need for a flexible workforce, they also recognize the positive effects of best practices that lead to more certainty, fewer disputes, and clear (but still flexible if necessary) agreements. The book will be warmly welcomed as a signal contribution to addressing what one labour law scholar has called 'the most important industrial relations issue of our time.'

In modern employment practice, the question of who falls under the jurisdiction of German labor law (employees, freelancers, employers, works councils, labor unions, representatives for the disabled, employer's associations, etc.) is an increasingly salient issue faced by foreign firms and firm owners, human resource, tax, and legal departments, as well as investors and foreign employees. Specifically, many firms have questions concerning the application of German law for establishing, managing, and terminating employment contracts with foreign or German workers within Germany. In this connection, issues frequently arise concerning foreign assignment, residency, and visa law, and an extremely wide range of legal provisions must be taken into account, including the AGG (General Non-Discrimination Act), BetrVG (German Employees Representation Act), Tarifrecht (Collective Bargaining Law), BUrlG (German Federal Leave Act), TzBfG (Part-Time Work and Fixed-Term Employment Act), AUEG (Employee Transfer Act), BDSG (German Federal Data Protection Act), KSchG (German Protection Against Dismissal Act), EntgeltfortzahlungsG (Continued Remuneration Act), GewO (German Industrial Code), and MutterschutzG (Maternity Protection Act). Beyond this, secondary questions related to income tax law, international taxation, and social security law may arise. Against this complex backdrop, the present work intends to answer questions most frequently asked by foreigners when dealing with German employment law.

When nine Vietnamese women arrived at Virginia Lynn Sudbury's small law office in Pago Pago, on the island of Tutuila in the territory of American Samoa, she wasn't certain she would take the case. The women, workers at the Daewoosa garment factory, were trying to get the company to pay them their promised wages. She decided to take the case, however--not knowing that it would take years to resolve.

Sweatshops in Paradise tells the first-person account of the notorious garment factory/sweatshop class-action lawsuit Nga v. Daewoosa, which took place in the territory of American Samoa from 1999 until 2001. This precedent-setting case drew international attention to the issues surrounding involuntary servitude and trafficking in human beings in far-flung US territories.

Written by Sudbury, who acted as the lead plaintiff attorney, Sweatshops in Paradise narrates the story of some three hundred Vietnamese and Chinese workers who were brought to American Samoa to work in the Daewoosa garment factory. There, they encountered civil injustices, rampant abuse, and imprisonment at the hands of the Korean factory owner and the local government.

Chronicled in a frank, disarming, and at times humorous manner, Sweatshops in Paradise draws upon hearing transcripts, newspaper articles, and narratives from the largest lawsuit of American Samoa's history. It provides a poignant accounting of the fears of the workers and the abuses they endured, the impunity of the factory owner, and the incomprehensible neglect of the evolving and tragic situation by the American Samoa government.

Focusing on paid work that blurs traditional legal boundaries and the challenge this poses to traditional forms of labour regulation, this collection of original case studies illustrates the wide range of different forms of regulation designed to provide decent work. The original case studies cover a diversity of workers from across developed and developing countries, the formal and informal economies and public and private work spaces. Each deals with the failings of traditional labour law, and several explore the capacity of different forms of regulatory techniques, such as commercial law, corporate codes of conduct, or supply chain regulation, to protect workers.

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

Explore the key aspects of business law through accessible, engaging real-life cas Law for Business Students, 12th edition, by Adams, Caplan and Lockwood provides you with contemporary and comprehensive coverage of the fundamental legal principles relating to the business environment. It introduces legal concepts to non-law students in a practical and engaging way through real-life cases relevant to the business world. The book offers a range of features to help you understand, apply and analyse legal concepts, including scenarios to encourage the development of opinions and application of relevant legal concepts. The 'Worth thinking about' sections provide discussion points to analyse within the classroom, while 'Exam tips' help revision practice by pointing to areas of the law which are likely to appear in exam questions. The new edition has been thoroughly updated to cover legal developments in a range of diverse areas relevant to the core topics of law: contract (including intellectual property), tort, employment and business organisations (including formation), governance, and dissolution. It reflects the changes in the law as a result of Brexit, as well as Covid litigation arising in relation to employment rights. This title also has a Companion Website.

This book provides for a comprehensive overview of the various areas of European labour law: fundamental rights, free movement of workers and posting, equal treatment, a-typical forms of employment, collective bargaining and collective agreements, restructuring of enterprises and health and safety. The chapters are written by eminent experts from a considerable number of EU Member States. Most of them are written by two authors from different Member States. As a result of this duo-authorship the book does not approach European labour law from a single country perspective, but intends to give insight in the different ways European labour was received and implemented in the various Member States. The book does not only describe the current state of affairs, but also critically assesses how the interaction of EU legislature, Court of Justice, Member States and social partners has contributed to the development of EU labour law. As such, it is not only a comprehensive introduction to European labour law, but provides also food for thought as part of advanced study in this area. This handbook, dealing with all important areas of labour law, written from several perspectives by experts, but within a restricted number of pages, is therefore also excellent study material for master programmes of European labour law. With contributions by Edoardo Ales (University of Naples Parthenope, Italy), Mark Bell (Trinity College Dublin, Ireland), Niklas Bruun (Hanken School of Economics, Finland), Mijke Houwerzijl (Tilburg University, The Netherlands), Teun Jaspers (Utrecht University, The Netherlands), Sylvaine Laulom (Universite Lumiere Lyon 2, France), Antonio Lo Faro (University of Catania, Italy), Pascale Lorber (University of Leicester, United Kingdom), Ann Numhauser-Henning (Lund University, Sweden), Frans Pennings (Utrecht University, The Netherlands), Saskia Peters (University of Groningen, The Netherlands), Jan Popma (Dutch Labour Inspectorate, The Netherlands), Sophie Robin-Olivier (Universite Paris 1 Pantheon-Sorbonne, France) and Herwig Verschueren (University of Antwerp, Belgium).

The waves rippling out from the attacks of September 11, 2001 have touched the U.S. workplace profoundly. From policy-driven rationales for discrimination to marked increases in workers' emotional disorders, the entire fabric of employment in the U.S. bristles with a web of unprecedented legal issues.Dealing with a wide range of these important and troubling matters, this remarkable book offers seventeen insightful evaluations of some of the core relevant concerns, including the following: workplace discrimination in the context of the war on terror; profiling based on nationality; English-only rules; protections provided to immigrant workers; "enemy combatant" designation; electronic information generated about employees; monitoring electronic mail; military leaves of absence; vulnerability to labor strikes in an age of terror; efforts to limit labor's freedom of association based on security-related arguments; impact of national security concerns on federal government employees; employee assistance programs; mental injuries such as post-traumatic stress disorder; and workers' stress in the context of federal workplace statutes.As workers, firms, and governments adapt to the new environment of global insecurity, this book will prove invaluable to all professionals engaged in ensuring the economic health of the U. S. workplace. These papers are sure to provide practitioners, agencies, and academics with a clearly outlined starting point for the debates to come.

This book addresses the theme of collective bargaining in different legal systems and explores legal framework of collective bargaining as well as the role of different bargaining models in domestic labour law systems in altogether twenty-one jurisdictions throughout the world. Recent development of collective bargaining regimes can be viewed as part of a larger development of labour law models that face increasing challenges caused by globalization and transition of work and workplaces. The book places particular emphasis on identifying and examining most important development trends affecting domestic labour law regimes and collective bargaining and regulatory responses thereto. The analysis offered extents to transnational dimension of collective bargaining. As the chapters analyse the influence of the legal frameworks of collective bargaining in different countries they provide unique comparative insight into the topic which is central to understanding the function of labour law.

This is a study of how governments and their specialist advisers, in an age of free trade and the minimal state, attempted to create a viable legal framework for trade unions and strikes. It traces the collapse, in the face of judicial interventions, of the regime for collective labour devised by the Liberal Tories in the 1820s, following the repeal of the Combination Acts. The new arrangements enacted in the 1870s allowed collective labour unparalleled freedoms, contended by the newly-founded Trades Union Congress. This book seeks to reinstate the view from government into an account of how the settlement was brought about, tracing the emergence of an official view - largely independent of external pressure - which favoured withdrawing the criminal law from peaceful industrial relations and allowing a virtually unrestricted freedom to combine. It reviews the impact upon the Home Office's specialist advisers of contemporary intellectual trends, such as the assaults upon classical and political economy and the historicized critiques of labour law developed by Liberal writers. Curthoys offers an historical context for the major court decisions affecting the security of trade union funds, and the freedom to strike, while the views of the judges are integrated within the terms of a wider debate between proponents of contending views of 'free trade' and 'free labour'. New evidence sheds light on the considerations which impelled governments to grant trade unions a distinctive form of legal existence, and to protect strikers from the criminal law. This account of the making of labour law affords many wider insights into the nature and inner workings of the Victorian state as it dismantled the remnants of feudalism (symbolized by the Master and Servant Acts) and sought to reconcile competing conceptions of citizenship in an age of franchise extension. After the repeal of the Combination Acts in the 1820s collective labour enjoyed limited freedoms. When this regime collapsed under judicial challenge, governments were obliged to devise a new legal framework for trade unions and strikes, enacted between 1871 and 1876. Drawing extensively upon previously unused governmental sources, this study affords many wider insights into the nature and inner workings of the mid-Victorian state, tracing the impact upon policy-makers of contemporary assaults upon classical political economy, and of the historicized critiques of labour law developed by Liberal writers. As contending views of 'free trade' and 'free labour' came into collision, an official view was formed which favoured allowing an unrestricted freedom to combine and sought to withraw the criminal law from peaceful industrial relations.

In the last two decades, multinational companies (MNCs) and global union federations (GUFs) have started to negotiate so-called global framework agreements (GFAs) which define minimum standards for labor conditions across their locations. This book focuses on the question why companies conclude GFAs, and identifies four groups of incentives: reduction and privatization of conflicts; public relations; promotion of equal competitive conditions; exogenous requirements and avoidance of public regulation. Based on an in-depth analysis of incentives considered to play a dominant role in the decision of companies to conclude GFAs, the book attempts to predict under which conditions GFAs can be expected to proliferate in the future.

This volume, the second in the series, contains some of the most recent and important work of the leading scholars in labor and employment law. It includes the papers presented at workshops sponsored by the Center for Labor and Employment Law at NYU School of Law in 2000 and a recent paper by one of the Center's Research Fellows. Two of the papers consider the implications of a new conception of the workplace. Professor Katherine Stone considers the implications of the decline of long-term employment, and Professor Cynthia Estlund considers the role of the workplace in establishing relationships necessary to a healthy democracy in a diverse society. Professor Lynn Stout considers a provocative implication of a deeper understanding of the corporate form and the stock market -- that a rise in share price does not signal an equivalent increase in the value of the firm. Professor Steven Abraham and his co-author also look at stock price, but they do so to assess the impact of the United States Supreme Court's decision in Gilmer. Recent Supreme Court decisions in Faragher and Ellerth are the subject of the contribution of Professor David Sherwyn, one of the Center's Research Fellows and a coeditor of this volume. Professor Mitu Gulati and his co-authors offer an empirical study of the labor market for lawyers that has profound implications for both legal education and for the way law firms select associates. Also included here are excerpts from Professor William Gould's memoir of his years as Chair of the National Labor Relations Board.

This book provides practical, business-orientated and accessible guidance on key aspects of German employment and labour law as well as adjoining fields. This second, completely revised edition presents the latest changes in German labour and employment law and jurisprudence. It covers, amongst other newer developments, the statutory minimum wage, changes in agency work, extensive changes in European and German employee data protection law, and includes a completely new chapter on compliance issues in the employment context. Specialised lawyers with many years of experience explain the legal basis of these aspects of German law, highlight typical practical problems and suggest solutions to those problems. In addition, examples are given on how to best manage legal pitfalls to minimise 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.

The US Supreme Court's 1937 decision in West Coast Hotel v. Parrish, upholding the constitutionality of Washington State's minimum wage law for women, had monumental consequences for all American workers. It also marked a major shift in the Court's response to President Franklin D. Roosevelt's New Deal agenda. In Making Minimum Wage, Helen J. Knowles tells the human story behind this historic case. West Coast Hotel v. Parrish pitted a Washington State hotel against a chambermaid, Elsie Parrish, who claimed that she was owed the state's minimum wage. The hotel argued that under the concept of "freedom of contract," the US Constitution allowed it to pay its female workers whatever low wages they were willing to accept. Knowles unpacks the legal complexities of the case while telling the litigants' stories. Drawing on archival and private materials, including the unpublished memoir of Elsie's lawyer, C. B. Conner, Knowles exposes the profound courage and resolve of the former chambermaid. Her book reveals why Elsie-who, in her mid-thirties was already a grandmother-was fired from her job at the Cascadian Hotel in Wenatchee, and why she undertook the outsized risk of suing the hotel for back wages. Minimum wage laws are "not an academic question or even a legal one," Elinore Morehouse Herrick, the New York director of the National Labor Relations Board, said in 1936. Rather, they are "a human problem." A pioneering analysis that illuminates the life stories behind West Coast Hotel v. Parrish as well as the case's impact on local, state, and national levels, Making Minimum Wage vividly demonstrates the fundamental truth of Morehouse Herrick's statement.

The eleven papers reprinted here were originally presented at the 16th Congress of the International Academy of Comparative Law, held in Brisbane in July 2002. Each paper is organized around the following considerations for the particular country in question:
- factors determining the role of collective agreements;
- factors determining the regulatory power of collective agreements toward the employment contract;
- factors limiting the regulatory power of collective agreements;
- degree of freedom of the parties to shape the employment contract; and
- future prospects for collective agreements as a means of regulating the employment contract.

"Manual para formar un sindicato" Jaramillo La Historia del Sindicato nico de Trabajadores del Colegio de Bachilleres Guerrero (SUTCOBACH) es la historia de un sindicato desde sus or genes en los 80's hasta la poca actual, narrada por quienes han sido parte de ella, sus dirigentes. Al dibujar el contexto nacional y estatal que moldearon la formaci n del sindicato, El Maestro: Mi compromiso y mi lucha, personifica los vaivenes que como maestros afrontamos d a a d a, el mantenernos firmes en nuestro compromiso con la educaci n y la lucha que desde siempre se ha mantenido por el respeto a nuestros derechos.

This book offers a comprehensive account of the transatlantic regulatory cooperation phenomenon: its causes and political context in a globalizing economy, its theoretical understanding, its relationship to trade and competition, its implications for democracy, and its likely directions in the future. This book recognizes that, while national authorities are still the principal actors in regulatory fields, regulation is increasingly an international affair.