Theorising Labour Law In A Changing World

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Theorizing Labour Law in a Changing World

Alysia Blackham,Miriam Kullmann,Ania Zbyszewska
Theorizing Labour Law in a Changing World Book PDF

Author : Alysia Blackham,Miriam Kullmann,Ania Zbyszewska
Publisher : Unknown
Page : 0 pages
File Size : 47,5 Mb
Release : 2019
Category : Labor laws and legislation
ISBN : 1509921583

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Theorizing Labour Law in a Changing World by Alysia Blackham,Miriam Kullmann,Ania Zbyszewska Pdf

This collection brings together perspectives from industrial relations, political economy, political theory, labour history, sociology, gender studies and regulatory theory to build a more inclusive theory of labour law. That is, a theory of labour law that is more inclusive of non-traditional workers (including those in atypical work, or from non-traditional backgrounds); more inclusive of collective approaches to work regulation that foster solidarity between workers; and more inclusive of interdisciplinary and complex explanations of labour law and its regulatory spaces. The individual chapters speak to this theme of inclusivity in different ways and offer different suggestions for how such inclusivity might be achieved. They break down the barriers between legal research and other fields, to promote fruitful and inclusive conversations across disciplines. In the spirit of inclusivity and intergenerational dialogue, the book blends contributions from early career and emerging scholars with those from leading scholars in the field, featuring critical commentary from senior labour law figures alongside theoretically and empirically informed work.

Theorising Labour Law in a Changing World

Alysia Blackham,Miriam Kullmann,Ania Zbyszewska
Theorising Labour Law in a Changing World Book PDF

Author : Alysia Blackham,Miriam Kullmann,Ania Zbyszewska
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 43,7 Mb
Release : 2019-09-05
Category : Law
ISBN : 9781509921577

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Theorising Labour Law in a Changing World by Alysia Blackham,Miriam Kullmann,Ania Zbyszewska Pdf

This collection brings together perspectives from industrial relations, political economy, political theory, labour history, sociology, gender studies and regulatory theory to build a more inclusive theory of labour law. That is, a theory of labour law that is more inclusive of non-traditional workers (including those in atypical work, or from non-traditional backgrounds); more inclusive of a variety of collective approaches to work regulation that foster solidarity between workers; and more inclusive of interdisciplinary and complex explanations of labour law and its regulatory spaces. The individual chapters speak to this theme of inclusivity in different ways and offer different suggestions for how it might be achieved. They break down the barriers between legal research and other fields, to promote fruitful and integrative conversations across disciplines. In the spirit of inclusivity and intergenerational dialogue, the book blends contributions from early career and emerging scholars with those from leading scholars in the field, featuring critical commentary from senior labour law figures alongside theoretically and empirically informed work.

The Role of the Court of Justice in EU Labour Law

Silvia Rainone
The Role of the Court of Justice in EU Labour Law Book PDF

Author : Silvia Rainone
Publisher : Kluwer Law International B.V.
Page : 371 pages
File Size : 44,6 Mb
Release : 2023-05-17
Category : Law
ISBN : 9789403530062

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The Role of the Court of Justice in EU Labour Law by Silvia Rainone Pdf

In an unresolved ongoing debate, the Court of Justice of the European Union (CJEU) is often included among the institutional actors responsible for the declining condition of labour law in Europe. Has its case law been more protective of employers’ interests than of workers’ rights? This innovative book greatly enhances the discussion by bringing to light the judicial lawmaking logic, other than those pertaining to the balancing of social and business values, that drive the CJEU’s reasoning in its interpretation of the labour law provisions enshrined in the European Union (EU) law, with particular attention to the directive on transfer of undertakings. Addressing fundamental issues – such as uneven bargaining power, labour as a commodity, coexistence of workers’ rights and the market economy – in the context of judicial lawmaking, the author clearly defines the tensions at work: What normative models underlie the approaches of EU institutional policymakers with respect to labour law? Does the CJEU have its own vision of the socioeconomic model to which the Union should adhere? How does the CJEU’s interpretative approach stand in relation to the transformation processes that regulators impose on labour law? Is the CJEU particularly attentive to the preferences expressed by national governments, especially those from the most politically influential states, or rather reflect the political pressure of the European Commission? What is the role of trans-judicial dynamics in shaping the CJEU’s reasoning in labour law cases? The study is extraordinarily thorough, drawing on a wide range of policy documents, scholarly and doctrinal research, and the entire body of the CJEU’s case law on transfer of undertakings. The legal arguments that the CJEU has developed over the years are mapped and classified according to their affinity with the labour law functions that underlie them. With its comprehensive assessment of the normative implications of EU policymaking in the labour and social domains, its thorough exploration of the CJEU’s judicial lawmaking dynamics, and its extensive empirical legal analysis of the CJEU’s case law on transfer of undertakings, the book has no peers in revealing the forces that guide the CJEU’s decisions in the realm of labour law. Of particular value to scholars and researchers interested in EU social policies and constitutional law, the book will also prove of immeasurable value to labour law practitioners aiming to use the case law of the CJEU, as well as to in-house counsel, industrial relation specialists, and trade unionists.

Employment Relations in the 21st Century

Valeria Pulignano,Frank Hendrickx
Employment Relations in the 21st Century Book PDF

Author : Valeria Pulignano,Frank Hendrickx
Publisher : Kluwer Law International B.V.
Page : 295 pages
File Size : 46,6 Mb
Release : 2019-11-07
Category : Law
ISBN : 9789403518206

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Employment Relations in the 21st Century by Valeria Pulignano,Frank Hendrickx Pdf

It cannot be denied that in recent decades, for many if not most people, work has become unstable and insecure, with serious risk and few benefits for workers. As this reality spills over into political and social life, it is crucial to interrogate the transformations affecting employment relations, shape research agendas, and influence the policies of national and international institutions. This single volume brings together thirty-nine scholars (both academics and experienced industrial relations actors) in the fields of employment relations and labour law in a forthright discussion of new approaches, theories, and methods aimed at ameliorating the world of work. Focusing on why and how work is changing, how collective actors deal with it, and the future of work from different disciplinary angles and at an international level, the contributors describe and analyse such issues and topics as the following: new forms of social protection and representation; differences in the power relations of workers and political dynamics; balancing protection of workers’ dignity and promotion of productivity; intersection of information technology and workplace regulation; how the gig economy undermines legal protections; role of professional and trade associations; workplace conflict management; lay judges in labour courts; undeclared work in the informal sector of the labour market; work incapacity and disability; (in)coherence of the work-related case law of the European Court of Justice; and business restructurings. Derived from a major conference held in Leuven in September 2018, the book offers an in-depth understanding of the changing world of work, its main transformations, and the challenges posed to classical employment relations theories and methods as well as to labour law. With its wide range of insights, analysis, and reflection, this unique contribution to the study of industrial relations offers an authoritative reference guide to scholars, policymakers, trade unions and business associations, human resources professionals, and practitioners who need to deal with the future of work challenges.

Re-imagining Labour Law for Development

Society of Legal Scholars. Annual conference
Re imagining Labour Law for Development Book PDF

Author : Society of Legal Scholars. Annual conference
Publisher : Unknown
Page : 128 pages
File Size : 47,5 Mb
Release : 2019
Category : Electronic
ISBN : 1509913130

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Re-imagining Labour Law for Development by Society of Legal Scholars. Annual conference Pdf

"The aim of this book is to explore labour law's conceptual and normative narrative. If labour law is informed by the wider political and economic landscape within which it operates, what shape does or should labour law assume in response to the transformation of the political economy in countries of the global North, with the declining prevalence of the postwar model of full employment within a formal welfare state regime. Correspondingly, what is the proper role to be played by labour law and labour relations institutions in the development process within industrialising countries of the global South? Drawing on the expertise of leading labour law scholars, this collection addresses those questions by examining the growth of informalisation. It offers research that is both empirically-grounded and doctrinally astute, exploring the changing face of labour law in the global North and South."--

Re-Imagining Labour Law for Development

Diamond Ashiagbor
Re Imagining Labour Law for Development Book PDF

Author : Diamond Ashiagbor
Publisher : Hart Publishing
Page : 296 pages
File Size : 41,7 Mb
Release : 2021-01-21
Category : Law
ISBN : 1509946292

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Re-Imagining Labour Law for Development by Diamond Ashiagbor Pdf

The aim of this book is to explore labour law's conceptual and normative narrative. If labour law is informed by the wider political and economic landscape within which it operates, then given the declining prevalence of the post-war model of full employment within a formal welfare state regime, what shape does or should labour law assume in response to the transformation of the political economy in countries of the global North? Correspondingly, what is the proper role to be played by labour law and labour relations institutions in the development process within industrialising countries of the global South, where informal employment has long been, and remains, the predominant form? Drawing on the expertise of leading labour law scholars, this collection addresses those questions by examining the growth and continued prevalence of informality. Offering research that is both empirically grounded and doctrinally astute, the book explores the changing character of labour law in the global North and South.

Effective Enforcement of EU Labour Law

Zane Rasnaca,Aristea Koukiadaki,Niklas Bruun,Klaus Lörcher
Effective Enforcement of EU Labour Law Book PDF

Author : Zane Rasnaca,Aristea Koukiadaki,Niklas Bruun,Klaus Lörcher
Publisher : Bloomsbury Publishing
Page : 591 pages
File Size : 45,8 Mb
Release : 2022-08-11
Category : Law
ISBN : 9781509944439

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Effective Enforcement of EU Labour Law by Zane Rasnaca,Aristea Koukiadaki,Niklas Bruun,Klaus Lörcher Pdf

This book by the ETUI Transnational Trade Union Rights Expert Network analyses enforcement as a key element making EU labour law effective or ineffective. Enforcement is the key ingredient that makes rights effective and ensures compliance. It can make or break a legal system. Despite this, enforcement of EU labour law has received little scholarly attention in recent decades and has rarely been examined in a comprehensive way. This book aims to fill this gap. Intended for academics and practitioners alike, the book adopts a threefold approach to examine this issue. First of all, it explores the idea of effective enforcement and sets out the wider context in which EU labour law enforcement takes place. Secondly, it analyses how enforcement operates in particular areas, including non-discrimination, health and safety, information and consultation rights, and the rights of migrating workers. Thirdly, it critically assesses the role of specific actors (in particular collective actors like trade unions, as well as whistle-blowers and the European Labour Authority) and settings (public procurement, economic and monetary policy) regulated by EU law. Drawing on the insights produced by these analyses, the book concludes by proposing a comprehensive Draft for a Model Directive on 'Effective Enforcement of EU Labour Law' as an inspiration for policy development and scholarly debate in this area.

Trade, Labour and Sustainable Development

Tonia Novitz
Trade Labour and Sustainable Development Book PDF

Author : Tonia Novitz
Publisher : Edward Elgar Publishing
Page : 397 pages
File Size : 40,9 Mb
Release : 2024-04-12
Category : Law
ISBN : 9781786430533

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Trade, Labour and Sustainable Development by Tonia Novitz Pdf

Examining the relationship between trade and labour regulation in light of the pressing need to promote sustainable development, Tonia Novitz interrogates how international legal architecture could be reformed so that no one in the world of work gets left behind. She highlights the dangers of pursuing labour and environmental issues on parallel tracks without recognising how they interact, ultimately arguing for the crafting of the content and application of trade rules through participatory processes, which involve the inclusive representation of all sectors of the labour market and all parts of the world.

Law, Migration and Precarious Labour

Anastasia Tataryn
Law Migration and Precarious Labour Book PDF

Author : Anastasia Tataryn
Publisher : Routledge
Page : 244 pages
File Size : 48,5 Mb
Release : 2020-11-09
Category : Law
ISBN : 9781351791724

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Law, Migration and Precarious Labour by Anastasia Tataryn Pdf

Providing a radical new approach to labour migration, this book challenges the prevailing legal and political construction of the figure of the irregular migrant labourer, whilst at the same time reimagining this irregularity as the basis of an alternative, post-capitalist, sociality. The text draws on the work of contemporary philosopher Jean-Luc Nancy, and more specifically his term ‘ecotechnics’, in order to examine how economic, political, and juridical norms deny the full legal status of certain people who are deemed to be irregular. This ostensible irregularity is revealed as a regular feature of labour market practice, and a necessary support for the conceptual foundations of capitalist legality. As this book shows, however, this legality – and with it, the technological subordination of life to the circulation of capital as if this were the only possibility for our being in the world – is not insurmountable. The book’s consideration of the figure of the irregular migrant labourer comes to provide an alternative basis for reimagining our relationship not only with migration and with labour itself, but ultimately with each other. This powerful analysis of contemporary labour migration is of considerable interest to legal and political theorists, philosophers, labour lawyers, migration experts, and others with theoretical, political, or policy interests in this area.

Labour Law and the Person

Lisa Rodgers
Labour Law and the Person Book PDF

Author : Lisa Rodgers
Publisher : Policy Press
Page : 226 pages
File Size : 43,8 Mb
Release : 2024-07-16
Category : Law
ISBN : 9781529223187

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Labour Law and the Person by Lisa Rodgers Pdf

This book aims to revitalise the link between social justice and labour law through exploring the issue of personhood and the 'subject' of the law. Rodgers argues that incorporating a more 'relational' notion of self into labour law not only provides a fresh normative perspective through which to evaluate existing labour laws, but will also make us more able to respond to labour market 'shocks' and labour market change into the future, including the introduction of AI. It is only by embedding relationality into our law that can we really respect the humanity of workers and construct a legal framework through which social justice can be achieved at work.

Defining and Protecting Autonomous Work

Tindara Addabbo,Edoardo Ales,Ylenia Curzi,Tommaso Fabbri,Olga Rymkevich,Iacopo Senatori
Defining and Protecting Autonomous Work Book PDF

Author : Tindara Addabbo,Edoardo Ales,Ylenia Curzi,Tommaso Fabbri,Olga Rymkevich,Iacopo Senatori
Publisher : Springer Nature
Page : 270 pages
File Size : 46,5 Mb
Release : 2022-09-27
Category : Business & Economics
ISBN : 9783031063978

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Defining and Protecting Autonomous Work by Tindara Addabbo,Edoardo Ales,Ylenia Curzi,Tommaso Fabbri,Olga Rymkevich,Iacopo Senatori Pdf

This book, adopting a multidisciplinary approach, investigates the definition of autonomous work and the kind of protection it receives and should receive in a global perspective. The book advocates for the existence of genuine autonomous work to be distinguished from employment and false self-employment. It deserves specific attention from legislators in the view of removing any obstacles to the exercise of freedom of association and collective action at large. The book is divided into two parts. The first focuses on the evolving notion of autonomy and its consequences on social protection, offering a theoretical frame from an organizational, political and legal point of view. The second aims at discovering new regulatory and protective horizons for autonomous work, in the light of blockchain, platform work, EU Competition Law, social security and liberal professions. Finally, the authors offer insights and recommendations on how to protect work beyond categories.

Digital Work Platforms at the Interface of Labour Law

Eva Kocher
Digital Work Platforms at the Interface of Labour Law Book PDF

Author : Eva Kocher
Publisher : Bloomsbury Publishing
Page : 285 pages
File Size : 52,6 Mb
Release : 2022-03-10
Category : Law
ISBN : 9781509949878

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Digital Work Platforms at the Interface of Labour Law by Eva Kocher Pdf

This open access book shows how to design labour rights to effectively protect digital platform workers, organise accountability on digital work platforms, and guarantee workers' collective representation and action. It acknowledges that digital work platforms entail enormous risks for workers, and at the same time it reveals the extent to which labour law is in need of reconstruction. The book focusses on the conceptual links – often overlooked in the past – between labour law's categories and its regulatory approaches. By explaining and analysing the wealth of approaches that deconstruct and reconceptualise labour law, the book uncovers the organisational ideas that permeate labour law's categories as well as its policy approaches in a variety of jurisdictions. These ideas reveal a lack of fit between labour law's traditional concepts and digital platform work: digital work platforms rarely behave like hierarchical organisations; instead, they more often function as market organisers. The book provides a fresh perspective for international academic and policy debates on the regulation of digital work platforms, as well as on the purposes and foundations of labour law. It offers a way out of the impasse the debate around labour law classification has reached, by showing what labour law could learn from digital law approaches to platforms – and vice versa. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

The Future of Work

Adalberto Perulli,Tiziano Treu
The Future of Work Book PDF

Author : Adalberto Perulli,Tiziano Treu
Publisher : Kluwer Law International B.V.
Page : 500 pages
File Size : 47,8 Mb
Release : 2020-12-10
Category : Law
ISBN : 9789403528618

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The Future of Work by Adalberto Perulli,Tiziano Treu Pdf

Studies in Employment and Social Policy Volume 56 Digitalization, far from being solely a technological issue, has broad implications in the social, labour, and economic spheres. It leads to dangers as well as to new chances for the workforce, and thus labour law must develop effective ways to both protect workers and allow them to profit from new technological developments. The most thorough book of its kind, this collection of expert essays provides an abundance of well-thought-out material for understanding the consequences of digitalization for the labour market and industrial relations. Recognizing that only an international perspective can make it possible to face the challenges of the present (and the future), renowned authorities from the International Labour Organization and the International Society for Labour and Social Security Law, as well as outstanding labour law professors, examine in depth such salient issues as the following: transformation of production systems; the spread of artificial intelligence; precariousness and exploitation in the gig economy; lessons learned from COVID-19; employment status of platform workers; new cross-border issues; rights to trade union association and collective bargaining; role of the State in the new digital labour market; and blurred lines between work and private life. Thanks to the international team of contributors, the issues are dealt with from a variety of overlapping perspectives and points of view, combining aspects of labour law, commercial law, corporate governance, and international law. Highlighting the need to adapt, especially through the right to training, work, and professionalism with respect to the new technological landscape, the book draws on legislative, judicial, and theoretical initiatives suggesting ways of responding positively to the requests for protection that arise in the new forms of production. A uniquely valuable tool for study and reflection for policymakers and academics, the book is also sure to be valued by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists who are interested in the issues of labour, industrial relations, and social rights in European and international contexts.

Cyber Security Intelligence and Analytics

Zheng Xu,Saed Alrabaee,Octavio Loyola-González,Xiaolu Zhang,Niken Dwi Wahyu Cahyani,Nurul Hidayah Ab Rahman
Cyber Security Intelligence and Analytics Book PDF

Author : Zheng Xu,Saed Alrabaee,Octavio Loyola-González,Xiaolu Zhang,Niken Dwi Wahyu Cahyani,Nurul Hidayah Ab Rahman
Publisher : Springer Nature
Page : 1084 pages
File Size : 50,9 Mb
Release : 2022-03-22
Category : Technology & Engineering
ISBN : 9783030978747

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Cyber Security Intelligence and Analytics by Zheng Xu,Saed Alrabaee,Octavio Loyola-González,Xiaolu Zhang,Niken Dwi Wahyu Cahyani,Nurul Hidayah Ab Rahman Pdf

This book presents the outcomes of the 2022 4th International Conference on Cyber Security Intelligence and Analytics (CSIA 2022), an international conference dedicated to promoting novel theoretical and applied research advances in the interdisciplinary field of cyber-security, particularly focusing on threat intelligence, analytics, and countering cyber-crime. The conference provides a forum for presenting and discussing innovative ideas, cutting-edge research findings and novel techniques, methods and applications on all aspects of cyber-security intelligence and analytics. Due to COVID-19, authors, keynote speakers and PC committees will attend the conference online.

Beyond Marx

Anonim
Beyond Marx Book PDF

Author : Anonim
Publisher : BRILL
Page : 546 pages
File Size : 48,7 Mb
Release : 2013-11-21
Category : Political Science
ISBN : 9789004231351

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Beyond Marx by Anonim Pdf

Capitalism has proven much more resilient than Marx anticipated, and the working class has, until now, hardly lived up to his hopes. The Marxian concept of class rests on exclusion. Only the ‘pure’ doubly-free wage-workers are able to create value; from a strategic perspective, all other parts of the world’s working populations are secondary. But global labour history suggests, that slaves and other unfree workers are an essential component of the capitalist economy. What might a critique of the political economy of labour look like that critically reviews the experiences of the past five hundred years while moving beyond Eurocentrism? In this volume twenty-two authors offer their thoughts on this question, both from a historical and theoretical perspective. Contributors include: Riccardo Bellofiore, Sergio Bologna, C. George Caffentzis, Silvia Federici, Niklas Frykman, Ferruccio Gambino, Detlef Hartmann, Max Henninger, Thomas Kuczynski, Marcel van der Linden, Peter Linebaugh, Ahlrich Meyer, Maria Mies, Jean-Louis Prat, Marcus Rediker, Karl Heinz Roth, Devi Sacchetto, Subir Sinha, Massimiliano Tomba, Carlo Vercellone, Peter Way, Steve Wright.