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

This book 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.

This book provides a set of proposals for how best to guarantee effective enforcement of labour rights worldwide. The linkage between labour standards and global trade has been recurrent for some 200 years. At a time when the world is struggling to find a way out of crisis and is striving for economic growth, more than ever there is a need for up-to-date research on how to protect and promote labour rights in the global economy. This book explores the history of the field and also provides an overview of emerging trends and opportunities. It discusses the most recent problems including: the effectiveness and the role of the International Labour Organization (ILO) in the second century of its existence, the World Trade Organization (WTO) and its potential relevance in the protection of labour rights, the effectiveness of the US and the EU Generalised System of Preferences, the impact of corporate social responsibility (CSR) instruments on labour rights, and labour provisions in the international trade agreements concluded by the US and the EU. The book argues, inter alia, that trade agreements seem to be a useful tool to help pave the way out of the crisis and that the United States-Mexico-Canada Agreement (USMCA) can be perceived as a model agreement and a symbol of a shift in perspective from long global supply chains to a focus on regional ones, local production, jobs and a rise in wages. The book will be essential reading for academics and students in the fields of human rights law, international labour law, industrial relations law, international sustainable development law, international economic law and international trade law. It will also be of interest to practitioners, non-government organisations (NGOs) and policy makers.

This revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world, including those in Europe, South Africa, China, Colombia, India and Brazil. This book provides an introduction to theories of equality and sources of equality law, and examines inequality and discrimination based on gender, race, ethnicity, sexual orientation and identity, religion and disability. Key features: Extensive chapter notes add critical context to areas of developing law Analysis of a range of sources: each chapter includes case law, treaty law, statutory law, regulatory law and legal scholarship A comparative problem-based approach, using concrete issues of inequality and discrimination to help students focus on real world concerns Examination of key contested topics such as marriage inequality, the rights of persons with disabilities, affirmative action, reproductive rights, employment discrimination and hate speech A supplementary online course with additional content and guidance for both students and instructors is available through Stanford Law School. Written in a thorough yet accessible style and with contributions from leading international legal scholars, this casebook is ideal for lecture courses, seminars and summer programs in equality and anti-discrimination in law schools, as well as undergraduate courses in law, political science and sociology. Contributors include: D. Allen, P.L. Cherian, D. Collier, J. Damamme, T. Degener, R. Ford, S. Foster, S. Han, K. Loper, S. Misra, D.B. Oppenheimer, M.-C. Pauwels, S. Robin-Olivier, B. Wang, W. Zhou

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.

This book provides a detailed discussion of four class-action discrimination cases that have recently been settled within the United States Department of Agriculture (USDA) and have led to a change in the way in which the USDA supports farmers from diverse backgrounds. These settlements shed light on why access to successful farming has been so often limited to white men and/or families, and significantly this has led to a change for opportunities in the way the USDA supports famers from diverse backgrounds. With chapters focusing on each settlement Jett provides an overview of the USDA before diving into a closer discussion of the four key settlements, involving African American farmers (Pigford), Native Americans (Keepseagle), Woman famers (Love) and Latino(a) farmers (Garcia), and the similarities between each. This title places and emphasis on what is happening in farming culture today, drawing connections between these four settlements and the increasing attention on urban farming, community gardens, farmers markets, organic farming and the slow food movement, through to the larger issues of food justice and access to food. Fighting for Farming Justice will be of interest to scholars of food justice and the farming arena, as well as those in the fields of Agricultural Economics, Civil Rights Law and Ethic Studies.

Savvy managers no longer look at contracts and the law reactively but use them proactively to reduce their costs, minimize their risks, secure key talent, collaborate to innovate, protect intellectual property, and create value for their customers that is superior to that offered by competitors. To achieve competitive advantage in this way managers need a plan. Proactive Law for Managers provides this plan; The Manager's Legal PlanTM. George Siedel and Helena Haapio first discuss the traditional, reactive approach used by many managers when confronted with the law, then contrast it with a proactive approach that enables the law and managers' legal capabilities to be used to prevent problems, promote successful business, and achieve competitive advantage. Proactive Law for Managers shows how to use contracts and the law to create new value and innovate in often neglected areas - and implement ideas in a profitable manner.

The Covid, climate and cost of living crises all hang heavy in the air. It's more obvious than ever that we need radical social and political change. But in the vacuum left by defeated labour movements, where should we begin? For longtime workplace activist Ian Allinson, the answer is clear: organising at work is essential to rebuild working-class power. The premise is simple: organising builds confidence, capacity and collective power - and with power we can win change. Workers Can Win is an essential, practical guide for rank-and-file workers and union activists. Drawing on more than 20 years of organising experience, Allinson combines practical techniques with an analysis of the theory and politics of organising and unions. The book offers insight into tried and tested methods for effective organising. It deals with tactics and strategies, and addresses some of the roots of conflict, common problems with unions and the resistance of management to worker organising. As a 101 guide to workplace organising with politically radical horizons, Workers Can Win is destined to become an essential tool for workplace struggles in the years to come.

We are currently witnessing some of the greatest challenges to democratic regimes since the 1930s, with democratic institutions losing ground in numerous countries throughout the world. At the same time organized labor has been under assault worldwide, with steep declines in union density rates. In this timely handbook, scholars in law, political science, history, and sociology explore the role of organized labor and the working class in the historical construction of democracy. They analyze recent patterns of democratic erosion, examining its relationship to the political weakening of organized labor and, in several cases, the political alliances forged by workers in contexts of nationalist or populist political mobilization. The volume breaks new ground in providing cross-regional perspectives on labor and democracy in the United States, Europe, Latin America, Africa, and Asia. Beyond academia, this volume is essential reading for policymakers and practitioners concerned with the relationship between labor and democracy.

This book examines the controversial 103rd Constitutional Amendment to the Indian Constitution that introduced an income and asset ownership-based new constitutional standard for determining backwardness marking a significant shift in the government's social and public policy. It also analyses state level policies towards backwardness recognition of upper-caste dominant groups through case studies of Maharashtra, Haryana, and Gujarat. It provides an analytical and descriptive account of the proliferation of reservation policy in India and critiques these interventions to assess their implication on constitutional jurisprudence. Further, it assesses the theoretical and empirical challenges such developments pose to the principle of substantive equality and scope of affirmative action policies in Indian constitutional law and general discrimination law theory. The monograph shows how opening up of reservations for dominant upper-caste groups and general category will have implications for the constitutional commitment to addressing deeply entrenched marginalisation emanating from the traditional social hierarchy and the understanding of substantive equality in Indian Constitutional law. Further, it highlights key contradictions, incoherence, and internal tension in the design of the reservations for Economically Weaker Sections Critical, comprehensive, and cogently argued, this book will contribute and shape ongoing constitutional policy and judicial debates. It will be of great interest to scholars and researchers of law, Indian politics, affirmative action, social policy, and public policy.

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.

Tolley's Managing Fixed-Term and Part-Time Workers is an essential tool for HR directors and managers, and their advisers. This timely handbook contains comprehensive coverage of the legal and practical implications of the new Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 and the EC Directive on Fixed-Term Work. With almost a quarter of the total UK working population engaged on part-time contracts, there has never been a greater need for employers to understand the latest rights and duties owed to those who work on a part-time, intermittent or job-share basis. This invaluable resource will show you how to deal fairly with agency temps, contractors, freelancers, casual workers, seasonal workers, students working during vacations, part-time employees and temporary workers engaged to cover short-term absence. Combining coverage of the legal background with practical advice on how to ensure your policies and procedures comply with the law, this handbook will enable you to: - understand the laws that impact upon successive fixed-term contracts - treat part-time staff fairly and avoid claims of unlawful discrimination from women who form the majority of the UK's part-time workforce - draft your own documents using key sample documents - letters of employment, contract clauses and employment policies - save time by giving you access to comprehensive legal and tactical information in one unique handbook, featuring questions and answers, checklists and case studies for ease of use - ensure you are complying with the laws governing equality of treatment for fixed-term and part-time workers This accessible guide explains the latest legislation and case law and offers an array of practical tips and tools to help ensure fairness of treatment for fixed-term and part-time employees.

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

Bringing together legal rulings and commentary, this three-volume collection documents the development of legal protections for women in the workplace. The comprehensive coverage encompasses the major legal and constitutional issues, including debates over minimum wage legislation, issues of gender equality versus gender difference, maternity leave, health hazards in the workplace for pregnant women, and other vital topics. This set will become an essential guide for students and scholars, as well as lay readers.

Bringing together legal rulings and commentary, this three-volume collection documents the development of legal protections for women in the workplace. The comprehensive coverage encompasses the major legal and constitutional issues, including debates over minimum wage legislation, issues of gender equality versus gender difference, maternity leave, health hazards in the workplace for pregnant women, and other vital topics. This set will become an essential guide for students and scholars, as well as lay readers.

Discrimination and the Law provides an exploration and evaluation of discrimination law, focusing primarily on discrimination in employment. Introducing readers to the concepts of equality and the historical origins of discrimination law, Malcolm Sargeant explores the wider political, social and economic contexts through which discrimination law has evolved. The second edition has been thoroughly updated and includes a new chapter considering discrimination against trade unionists, discrimination against 'non-standard' workers as well as the public sector equality duty. The book begins with an examination of what is meant by such concepts as equality and discrimination followed by an analysis of the Equality Act 2010 and the impact of EU and international law. All the protected characteristics contained in the Equality Act 2010 are critically considered (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation). Issues not covered by the legislation such as those relating to multiple discrimination and caste discrimination are also analysed. Important cases from the UK courts as well as international courts are considered. The book also contains an appendix with the most relevant parts of the 2010 Act. Important cases are highlighted in the text and some reflections as the basis for further discussion are included at the end of each chapter. This is an essential introduction to the wide-ranging law relating to discrimination in the UK for law, HRM and business students.

The response of European Union institutions to the Eurocrisis demonstrated their fragile and failing commitment to the role of social policy in advancing European economies and societies. The present volume, exploring the positive scope for such policies, is therefore timely and welcome. While sharply critical of much of what goes on at both EU and several national levels, the authors are constructive in tone and point the way to sustainable alternatives to neoliberalism.' - Colin Crouch, University of Warwick, UK and External Scientific Member, Max Planck Institute for the Study of Societies, Cologne, GermanyHighly valued by its citizens, the European social model is a defining feature of Europe and the European Union yet is under threat from the effects of both globalisation and the aftermath of the financial crisis. The Sustainability of the European Social Model addresses this issue in light of the current crisis that changed the landscape. It examines how social Europe responds to uncertainties that affect its development from a range of different disciplinary perspectives. The book begins by analysing interactions between EU law and national policies from a comparative perspective, highlighting the legal, social and institutional complexities that constrain the development of 'social Europe' It assesses the sustainability of EU law and policies in the areas of pensions and employment policy and then focuses on two crucial areas of EU social policy: the regulations on working time and the provisions of social services of general interest. The expert contributors compare the experiences of a range of Member States (and also bring in external comparison) to explore topics such as ageing, job quality, social protection and employment policies, social dialogue and the relationship between the various methods of European policymaking such as the 'community method' and the Open Method of Co-ordination. The analyses show that sustainability of the European social model will depend heavily on addressing failings in European governance. Insightful and comprehensive, this book is a detailed and timely resource for academic researchers. Its practical, policy-oriented insights into important issues in social and employment policy, as well as into European policymaking itself, will also be of great interest to practitioners and policymakers. Contributors: J.-C. Barbier, I. Begg, F. Colomb, C. Erhel, J. Gautie, B. Gazier, M. Hartlapp, M. Keune, A. Koukiadaki, P. Marginson, N. Ramos Martin, R. Rogowski, T. Sirovatka, E. Sol, M. van der Vos

If you have an interest in law and politics, South Africa’s political economy and the processes of policy-making in a parliamentary context, this is an essential read.

The advancement of black South Africans in ownership and management in the private sector is growing steadily. This growth is aided by government scorecard that penalise corporations that fail to include black people in senior positions and management. Some claim that this process will lead to a more fair, less racially biased economy. But will this transform the basic structure of the economy to benefit the people as a whole? Changing The Colour Of Capital unpacks the fundamental character of the South African economy and examines the relationship between the political system and the economy.

Contributors include Trevor Manuel, Rob Davies, Jeremy Cronin, Ben Turok, Philisiwe Buthelezi, Adekeye Adebajo, Enver Daniels, Cassius Lubisi and Richard Levin.

The various contributors are leading academics in the children's rights field drawn from a wide range of countries and jurisdictions (including those with common law, civilian and mixed traditions) in North America, Europe, Africa and Asia

An urgent study on how punitive immigration policies undermine the health of Latinx immigrants Of the approximately 20 million noncitizens currently living in the United States, nearly half are "undocumented," which means they are excluded from many public benefits, including health care coverage. Additionally, many authorized immigrants are barred from certain public benefits, including health benefits, for their first five years in the United States. These exclusions often lead many immigrants, particularly those who are Latinx, to avoid seeking health care out of fear of deportation, detention, and other immigration enforcement consequences. Medical Legal Violence tells the stories of some of these immigrants and how anti-immigrant politics in the United States increasingly undermine health care for Latinx noncitizens in ways that deepen health inequalities while upholding economic exploitation and white supremacy. Meredith Van Natta provides a first-hand account of how such immigrants made life and death decisions with their doctors and other clinic workers before and after the 2016 election. Drawing from rich ethnographic observations and in-depth interviews in three states during the Trump presidency, Van Natta demonstrates how anti-immigrant laws are changing the way Latinx immigrants and their doctors weigh illness and injury against patients' personal and family security. The book also evaluates the role of safety-net health care workers who have helped noncitizen patients navigate this unstable political landscape despite perceiving a rise in anti-immigrant surveillance in the health care spaces where they work. As anti-immigrant rhetoric intensifies, Medical Legal Violence sheds light on the real consequences of anti-immigrant laws on the health of Latinx noncitizens, and how these laws create a predictable humanitarian disaster in immigrant communities throughout the country and beyond its borders. Van Natta asks how things might be different if we begin to learn from this history rather than continuously repeat it.

Contains articles written by 13 different contributors covering different aspects of dispute resolution. Topics covered include the psychology of mediation, environmental disputes in communities, specialized arbitration and mediation, and arbitration and mediation in the construction industry.

Originally published in 1955, this book describes in a clear and concise way the nature of a Trade Union in England from the legal point of view, the particular aspects of the Law which make it possible for Trade Unions to carry on their activities and the restraints which the Law place on them for the protection of their members and the community. It briefly reviews the history of Trade Union Law, describes the Acts of Parliament which made the modern Trade Union possible and deals with those aspects of the Law which are important for those who have industrial relations with Trade Unions.

The ontology of work and the economics of value underpin the legal institution, with the existence of modern law predicated upon the subject as labourer. In contemporary Europe, labour is more than a mere economic relationship. Indeed, labour occupies a central position in human existence: since the industrial revolution, it has been the principal criterion of reciprocal recognition and of universal mobilization. This multi-disciplinary volume analyses labour and its depictions in their interaction with the latest legal, socio-economic, political and artistic tendencies. Addressing such issues as deregulation, flexibility, de-industrialization, the pervasive enlargement of markets, digitization and virtual relationships, social polarisation and migratory fluxes, this volume engages with the existential role played by labour in our lives at the conjunction of law and the humanities. This book will be of interest to law students, legal philosophers, theoretical philosophers, political philosophers, social and political theorists, labour studies scholars, and literature and film scholars.