Munkman is the leading authority and the most comprehensive and analytical text in its field. It is the ideal companion to Redgrave's Health and Safety. Now in its 17th edition, Munkman has been brought fully up-to-date and takes into account such recent changes as the emerging areas of personal injury and stress, introducing new chapters on Assaults at Work and Occupational Cancer.

Using an interdisciplinary lens, this book innovatively explores the conflicts and shifting boundaries in organisational, professional, legal and economic structures, caused by the rise of the gig economy. The dynamic structural model of the gig economy is introduced to interrogate the inner workings of the amorphous gig economy at the Macro, Meso and Micro levels of analysis. Conflict and Shifting Boundaries in the Gig Economy examines a range of tensions and issues, including; The future of trade unions in the gig economy Employment status and contractual arrangements Talent management in the gig economy Employee voice and whistleblowing Career choices and organisational attractiveness Trajectory and impact at macro economic levels. Organisational examples and a focus on the perspective of those engaged in gig work introduce new insights and research questions on the current and future challenges posed by the gig economy, alongside using the structural dynamic model as a tool to understand actors and organisational experiences and build appropriate interventions.

This book aims to connect narratives associated with the past to the international regime that protects property and contract rights of foreign investors. The book scrutinizes justifications offered to sustain practices associated with colonialism, imperialism, civilized justice, debt, and development, revealing that a number of the rationales offered in support of investment law disciplines replicate those arising out of this discredited past. By revealing these linkages, the book raises concerns about investment law's premises. It would appear that the normative foundations for today's regime reproduces discursive practices that are less than compelling. The book argues that citizens deserve something more than historically discredited reasons to justify the exercise of power over them - something more than mere pretext.

In contemporary pluralist states, where faith communities live together, different religious symbols and practices have to coexist. This may lead to conflicts between certain minority practices and the dominant majority, particularly around the manifestation of belief in the public domain which may be seen both by the religious and secular majorities as a threat to their cultural heritage or against the secular values of the host country. The law has to mitigate those tensions in order to protect the public from harm and preserve order but in doing so, it may where necessary have to limit citizens' ability to freely manifest their religion. It is those limitations that have been disputed in the courts on grounds of freedom of religion and belief. Religious symbols are often at the heart of legal battles, with courts called upon to consider the lawfulness of banning or restricting certain symbols or practices. This book analyses the relationship between the state, individuals and religious symbols, considering the three main forms of religious expression, symbols that believers wear on their body, symbols in the public space such as religious edifices and rituals that believers perform as a manifestation of their faith. The book looks comparatively at legal responses in England, the U.S.A and France comparing different approaches to the issues of symbols in the public sphere and their interaction with the law. The book considers religious manifestation as a social phenomenon taking a multidisciplinary approach to the question mixing elements of the anthropology, history and sociology of religion in order to provide some context and examine how this could help inform the law.

The UN Convention on the Rights of Persons with Disabilities promotes ability equality, but this is not experienced in national laws. Australia, Canada, Ireland, the UK and the US all have one thing in common: regulatory frameworks which treat workers with psychosocial disabilities less favorably than workers with either physical or sensory disabilities. Ableism at Work is a comprehensive and comparative legal, practical and theoretical analysis of workplace inequalities experienced by workers with psychosocial disabilities. Whether it be denying anti-discrimination protection to people with episodic disabilities, addictions or other psychological impairments, failing to make reasonable accommodations/adjustments for workers with psychosocial disabilities, or denying them workers' compensation or occupational health and safety protections, regulatory interventions imbed inequalities. Ableism, sanism and prejudice are expressly stated in laws, reflected in judgments, and perpetuated by workplace practices and this book enables advocates, policy makers and lawmakers to understand the wider context in which systems discriminate workers with psychosocial disabilities.

Preferential Services Liberalization offers the first, comprehensive analysis of the conditions that the World Trade Organization sets for preferential trade agreements (PTAs) in the area of services. Johanna Jacobsson provides an in-depth analysis of the relevant GATS rules, puts forward a practical method to analyze services PTAs, and applies the method to services agreements concluded by the EU. The result is a detailed examination of the legal criteria for services PTAs and methods to study them, combined with a better understanding of the level of liberalization reached by the EU and its member states. This book does go beyond the EU in analyzing the implications that multi-level governance has for international services liberalization. It proposes a new approach to study services commitments of any federal state and argues that lower levels of government should receive more attention in international negotiations over services trade.

In Dying to Work, Jonathan Karmel raises our awareness of unsafe working conditions with accounts of workers who were needlessly injured or killed on the job. Based on heart-wrenching interviews Karmel conducted with injured workers and surviving family members across the country, the stories in this book are introduced in a way that helps place them in a historical and political context and represent a wide survey of the American workplace, including, among others, warehouse workers, grocery store clerks, hotel housekeepers, and river dredgers. Karmel's examples are portraits of the lives and dreams cut short and reports of the workplace incidents that tragically changed the lives of everyone around them. Dying to Work includes incidents from industries and jobs that we do not commonly associate with injuries and fatalities and highlights the risks faced by workers who are hidden in plain view all around us. While exposing the failure of safety laws that leave millions of workers without compensation and employers without any meaningful incentive to protect their workers, Karmel offers the reader some hope in the form of policy suggestions that may make American workers safer and employers more accountable. This is a book for anyone interested in issues of worker health and safety, and it will also serve as the cornerstone for courses in public policy, community health, labor studies, business ethics, regulation and safety, and occupational and environmental health policy.

One of the enduring legacies of the United States Civil War is that democracy in the workforce is an essential part of societal democracy. But the past century has seen a marked decline in the number of unionized employees, a trend that has increased with the rise of the internet and low-paying, gig-economy jobs that lack union protection. William B. Gould IV takes stock of this history and finds that unions, frequently providing inadequate energy and resources in organizing the unorganized, have a mixed record in dealing with many public-policy issues, particularly involving race. But Gould argues that unions, notwithstanding these failures, are still the best means to protect essential workers in health, groceries, food processing, agriculture, and the meatpacking industry, and that the law, when properly deployed, can be a remedy not only for trade union-employer relationships, but also for the ailments of democracy itself.

One of the enduring legacies of the United States Civil War is that democracy in the workforce is an essential part of societal democracy. But the past century has seen a marked decline in the number of unionized employees, a trend that has increased with the rise of the internet and low-paying, gig-economy jobs that lack union protection. William B. Gould IV takes stock of this history and finds that unions, frequently providing inadequate energy and resources in organizing the unorganized, have a mixed record in dealing with many public-policy issues, particularly involving race. But Gould argues that unions, notwithstanding these failures, are still the best means to protect essential workers in health, groceries, food processing, agriculture, and the meatpacking industry, and that the law, when properly deployed, can be a remedy not only for trade union-employer relationships, but also for the ailments of democracy itself.

As scholars and policymakers around the world seek a systematic approach to the question of 'gig work,' one of its regulatory dimensions - the intersection of labor and competition law - points toward a deeper reconceptualization of the conventional legal and economic categories typically brought to bear upon it. A comparative approach to the question of gig work further reveals the variety and contingency of background assumptions that are often overlooked in the context of domestic policy debates. By combining a detailed comparative doctrinal survey of the regulation of non-employee workers in domestic competition law systems with a set of essays reframing the underlying questions raised - in terms of international legal frameworks, freedom of association norms, alternative approaches to law and economics, and more - The Cambridge Handbook of Labor in Competition Law moves the debates over the fissured workplace and the labor - competition law intersection forward in novel ways.

Before she became the "Notorious R.B.G." famous for her passionate dissents while serving as an associate justice of the United States Supreme Court, Ruth Bader Ginsburg made her most significant contributions as a lawyer who litigated cases on gender equality before the high court in the 1970s. Beginning with Reed v. Reed (1971)-for which Ginsburg wrote her first full Supreme Court brief, and which was the first time the Court held a sex-based classification to be unconstitutional-Ginsburg became known for her work on the issue of gender equality. For Ginsburg, this was not merely a matter of women's rights, because inequality harms men as well. Several of the cases she argued concerned gender equality for men, beginning with Moritz v. Commissioner of Internal Review (1972). Ginsburg established the Women's Rights Project at the ACLU in 1972 and coedited the first law school casebook on sex discrimination as a professor at Columbia Law School. During the rest of the decade, until President Carter appointed her for the US Court of Appeals in 1980, she litigated cases that further developed gender equality jurisprudence on the basis of the Equal Protection Clause and Title VII of the Civil Rights Act of 1964.Drawing on interviews with RBG herself and those who knew her, as well as extensive knowledge of the cases themselves, Philippa Strum has provided a legal history of Ginsburg's landmark litigation on behalf of women's rights and gender equality. Those cases changed the meaning of the Fourteenth Amendment and, along with two Supreme Court cases of the 1980s and 1990s (Mississippi v. Hogan and U.S. v. Virginia), remain the foundation of constitutional gender jurisprudence today. On Account of Sex shows why RBG became the rock star of the legal world and gives readers an accessible guide to these widely forgotten but momentous decisions.

When politicians reshape public health agencies, scientists resist changes and, if possible, leave. Those shifts make it harder for agencies to fight future public health threats. This Element focuses on the tension between scientists and managerial control in the policy process, both conceptually and empirically. It centers on a failed attempt to reorganize the United States Centers for Disease Control and Prevention. Because many of the gains in longevity and health quality result from the work of public health agencies, public health scientists and practitioners are the frontline producers of public health.

This book examines how regulators and policymakers from nine different countries have dealt with Uber, and initiates a legal dialogue between different jurisdictions that could potentially pave the way to a harmonized approach in regulating Uber. The case studies, conducted in Brazil, Germany, Italy, Mexico, Spain, South Africa, Turkey, the UK and the US reveal the case law and regulatory responses that have been adopted in various areas of law. Legal issues relevant to Uber include market regulation, labor law, civil liability, consumer protection, unfair competition and antitrust law. The book thus compares and contrasts the regulatory policy implications of the disruptive innovation created by Uber in the area of transport services. The book starts with a conceptual overview of the legal challenges posed by Uber and concludes with comparative findings based on the individual case studies. In addition to introducing academics and legal practitioners to the theoretical and practical legal problems they may encounter in connection with Uber, the book will especially appeal to policymakers, who can benefit from and compare the experiences of other jurisdictions.

Durch den Ausbruch der COVID-19-Pandemie erhielt die Frage, welche Relevanz der Gedanke der Solidaritat im Bereich der Gesundheitsversorgung hat, einen besonderen Spin: Welche Einschrankungen war man bereit hinzunehmen, aus Solidaritat z. B. gegenuber der Gesundheit von Personen aus Risikogruppen? Welche Art solidarischer Unterstutzung wollte man leisten? Welche Grenzen der Solidaritat musste man sich eingestehen? Die Beitrage in diesem Band zeigen, dass wir die "Dimension Pandemie" aus unseren Debatten um Solidaritat im Gesundheitswesen kaum mehr ausnehmen koennen. Gleichzeitig verdeutlichen sie, dass wir diese Debatten schon seit langem fuhren und die Ausgestaltung der Gesundheitssysteme nicht nur in Deutschland auch vom Gedanken der Solidaritat gepragt ist.

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.

Since 1980 there have been fundamental changes in the relationship between the state and industry. With the aid of economic theory, the atuhor critically examines the ways in which public law has been adapted to this task. The book provides a systematic overview of the theory and forms of social and economic regulation. In particular, it explores: (a) why governments regulate, for which, broadly speaking two theoretical frameworks exist - 'public interest' theories (regulation aims to improve social and economic welfare) and 'economic' theories (regulation aims to satisfy the demands of private interests); (b) the evolution of different forms of regulation in Britain, extending to the current policies of privatisation and deregulation; (c) the advantages and disadvantages of the different forms of regulation, evlauted in the ligh of the two theoretical frameworks and involving an analysis of how firms respond to the various kinds of incentives and controls; (d) how choices between the different forms of regulation are made by governments and the influence exerted by interest groups (including bureaucrats) and EC law. This book is intended for this is an original and scholarly synth

This open access book documents and analyses the various interventions - legal, political, and even artistic - that followed the Ali Enterprises factory fire in Karachi, Pakistan, in 2012. It illuminates the different substantive and procedural aspects of the legal proceedings and negotiations between the various local and transnational actors implicated in the Ali Enterprises fire, as well as the legal and policy reforms sparked by the incident. This endeavour serves to embed these legal cases and reform efforts in the larger context of human and labour rights protection and global value chain governance. It also offers a concrete case study relevant for ongoing debates around the role of transnational approaches in making human rights litigation, advocacy, and law reform more effective. In this regard, the book interrogates and critically reflects on such legal campaigns and local and transnational reform work with a view to future transformative legal and social activism.

Provides the answers to all the questions that can arise on the formation, operation and dissolution of Partnerships, LPs and LLPs as well as the answers to all questions that can arise in disputes between partners, ex-partners and outsiders. Fully revised and updated this new edition will include coverage of: - The introduction of the Private Fund Limited Partnership (PFLP) in 2017 - Application of discrimination law in the context of partnerships/LLPs: Seldon v Clarkson, Wright and Jakes; Tiffin v Lester Aldridge LLP; Bates v van Winklehof - Interpretation of partnership agreements, what amount to partnership assets and how they should be valued, in the context of the retirement or buy-out of a former partner: Drake v Harvey; Ham v Ham; Ham v Bell - The role, if any, of the doctrine of repudiation in the context of partnerships (Golstein v Bishop) and LLPs (Flanagan v Liontrust Management LLP) - What nature of "business" may constitute a partnership (Bhatti v HMRC) - Impact of changes made to the insolvency regime (including the Insolvency Rules 2016) on insolvency of partnerships and LLPs

This book presents an overview of political economic change in Vietnam during a period of significant social and economic change and an era of international turbulence. It combines various political economic perspectives to offer an integrated and comprehensive review of Vietnam's recent development, discussing topics such as public administrative reform, labour markets and special economic zones, environmental management and other important contemporary issues. This concise and highly readable book includes a considerable amount of research, and as such provides valuable insights for scholars and researchers interested in political economic change and in Vietnam.

This is a practical guide for labour lawyers, employers, trade unions, human resource managers, and occupational health professionals who must grapple with the problems of substance abuse in the workplace. This new and updated edition explains the case law on substance abuse in South Africa and provides a useful international legal comparison with Canadian law. Recommending procedures for identifying, controlling, and treating substance abuse, the book includes templates and procedural guidelines for pre-employment testing, employee testing, and fair disciplinary action.

Workplace bullying is a severe and pervasive problem around the globe and in particular in the United States where no meaningful steps have been taken to address this problem. This book will help readers to understand and to define workplace bullying to be able to prevent, detect, remedy and eliminate workplace bullying. Readers will gain an understanding of the forms, causes and effects of workplace bullying. Readers will also be able to understand the current gaps in U.S. law and become familiar with more effective international laws to address workplace bullying. Finally, the reader will be presented with the potential paths to put an end to workplace bullying in their own workplace and in workplaces across the globe.

The International Labour Organization was created in 1919, as part of the Treaty of Versailles that ended the First World War, to reflect the belief that universal and lasting peace can be accomplished only if it is based on social justice. As the oldest organisation in the UN system, approaching its 100th anniversary in 2019, the ILO faces unprecedented strains and challenges. Since before the financial crisis, the global economy has tested the limits of a regulatory regime which was conceived in 1919. The organisation's founders only entrusted it with balancing social progress with the constraints of an interconnected open economy, but gambled almost entirely on tools of persuasion to ensure that this would happen. Whether that gamble is still capable of paying-off is the subject of this book, by a former ILO insider with an unrivalled knowledge of its work. The book forms part of a broader inquiry into the relevance of founding institutional principles to today's context, and strives to show that the bet made on persuasion may yet pay off. In part, the text argues that there may be little alternative anyway, showing that the pathways to more binding solutions are fraught with difficulty. It also shows the ILO's considerable future potential for promoting effective, universal regulations by extending its tools of persuasion in as yet insufficiently explored directions. Starting with an examination of how the organisation's institutional context differs from 93 years ago, the author goes on to evaluate the prospects of numerous proposals put forward today, including the trade/labour linkage, but going beyond this. As a case study in how strategic choices can be made under legal, social and institutional constraints, the book should be valuable not only to those with an interest in the ILO, but to anyone who studies international organisation, labour law, law and society or political economy.

In dieser Publikation werden zunachst die Moeglichkeiten der Vertragsgestaltung im Befristungsrecht dargestellt. Sodann widmet sich der Autor den Grenzen der Vertragsgestaltung im Befristungsrecht durch den Gesetzgeber und die Rechtsprechung. Behandelt werden Fragen des Befristungsrechts des gesamten Arbeitsvertrages sowie einzelner Vertragsbedingungen. Das Augenmerk richtet sich auf das Zusammenwirken des TzBfG mit der AGB-Kontrolle, insbesondere im Lichte des Transparenzgebots. Ein umfassender Teil beschaftigt sich mit der Rechtsprechung zur sachgrundlosen Befristung nach 14 II TzBfG sowie rechtspolitischen Vorhaben der Bundesregierung der 19. Legislaturperiode.