Employment

At the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated. This Handbook examines the 'law of work', a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour unions, but also discussions on the contested boundaries and efforts to expand the scope of some laws regulating work beyond the traditional boundaries. Written by a team of experts in the field of labour law, the Handbook offers a comprehensive review and analysis, both theoretical and critical. It includes 60 chapters, divided into four parts. Part A establishes the fundamentals, including the historical development of the law of work, why it is needed, the conceptual building blocks, and the unsettled boundaries. Part B considers the core concerns of the law of work, including the contract of employment doctrines, main protections in employment legislation, the regulation of collective relations, discrimination, and human rights. Part C looks at the international and transnational dimension of the law of work. The final Part examines overarching themes, including discussion of recent developments such as gig work, online work, artificial intelligence at work, sustainable development, amongst others.

No one will deny that labour standards comprise a necessary framework for balanced economic and social development. Yet on a global level such balanced development has not occurred, despite the existence of a rigorous body of international labour law that has been active and growing for almost one hundred years. The implementation of this law devolves upon states; yet many states have failed to honour it. If we are to take serious steps toward a remedy for this situation, there is no better place to start than a thorough, well-researched survey and analysis of existing international labour law - its sources, its content, its historical development, and an informed consideration of the barriers to its full effectiveness. This book is exactly such a resource. It provides in-depth interpretation of the crucial International Labour Organisation (ILO) instruments - Constitution, conventions, declarations, resolutions, and recommendations - as well as such other sources of law as the OECD Guidelines for Multinational Enterprises and various model and actual corporate codes of conduct. Among the substantive areas of labour law covered in this book are the following: * the relationship between international labour law and economic competition * standards on industrial relations * collective bargaining and dispute settlement procedures * protection of trade unions * prohibitions on enforced and child labour * promotion of equal opportunity and treatment * time and rest provisions * wage determination and protection * occupational health and safety provisions * special issues on non-standard forms of employment * foreign and migrant workers * social security provisions * privacy protection * precarious work The presentation demonstrates that these rules and standards offer invaluable benchmarks to governments, judiciaries, employers, and trade unions. The book's combination of detailed commentary and an overarching social policy will make it especially valuable to legislators, human resources managers, employers' organizations, trade unions, jurists, and academics concerned with the role of work in our globalized social system. This eighth edition of the book by Jean-Michel Servais analyses the potential of those standards in a globalized world, and the necessary evolution. It examines the actual implementation of those rules in the national context, comparing different experiences. It integrates the latest instruments. It examines the most recent public debates on labour regulation (dealing with health and security at work, personal data, minimum wages, social security, strikes, etc.), updates the bibliography and opens some perspectives for the future work of the global institutions.

Should workers ever lose their job because of their political views or affiliations? Should female employees be entitled to wear a headscarf in the workplace for religious reasons? Can it ever be right for an employer to dismiss someone for personal activities undertaken in their leisure time? What restrictions, if any, should be placed on the right to strike ? Engagingly written, this innovative new textbook provides an entry point for exploring these and other topical issues, enabling students to analyse the applicability of human rights to disputes between employers and workers in the UK. It offers an original perspective on the traditional topics of employment law as well as looking in greater depth at new issues, such as employees' use of social media or the enforcement of human rights in the gig economy. Uniquely, the book considers the most important international Conventions that are relevant for the law in the UK, especially the European Convention on Human Rights, the European Social Charter, Conventions of the International Labour Organisation, and the Charter of Fundamental Rights of the European Union. A central question that each of the chapters addresses is whether UK employment law is compatible with human rights law. Each chapter discusses all the key cases drawn from various jurisdictions, including the Court of Justice of the European Union and the European Court of Human Rights. Written by a stellar team of authors, this textbook is an invaluable teaching aid for both postgraduate and undergraduate students studying employment law, human rights, human resource management, and industrial relations.

Research on the growth of the precarious economy is of significant interest as the economy increasingly becomes dependent on gig work. However, as platform and automated service work has grown, there remains a chasm in understanding the key aspects of digital labour. This handbook presents comprehensive theoretical, empirical, and historical accounts of the political economy of informal work from the late 20th century to the present. It examines the rich and varied analysis and critique of the informalisation of work, focusing on its most significant theories, intellectual traditions, and authors. It highlights the political, social, cultural, and developmental impact of the deterioration of employment in the Global North and Global South, as well as the extreme threat posed to the planet by the growth of contingent work, poverty, and enduring and increasing inequalities produced and reproduced by the reformation of capitalism in the contemporary age of neoliberal capitalism. The period from the 1980s to the present is marked by the expanded extraction of surplus value from workers through the creation of non-standard jobs and the restructuring of work. A central component of the restructuring of work is the extension of gig employment through the development of algorithmic platforms which direct labourers to perform discrete tasks. This is a definitive collection, representing the primary reference work, contributing to our understanding of the subject. The book is written and presented in a clear manner, accessible to scholars and researchers of international political economy, labour economics, and sociology who are eager for new research examining this phenomenon, as well as specialists in the field of labour relations. Chapter 11 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license. Funded by the University of Amsterdam.

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. This timely book explores the potential promise of economic, environmental and social dimensions of sustainability, alongside the concrete limitations evident at the International Labour Organization, the International Monetary Fund, the World Bank Group and the World Trade Organization. The author interrogates the capacity for regional trade arrangements to operate in innovative ways, considering the European Union (EU) as a case study. Novitz further considers how corporate governance could be regulated to promote sustainable development in trade supply chains. Expansive in scope, this book will be a vital read for scholars and students in the fields of labour, trade, company and EU law, as well as politics and international relations. It will also assist policy makers and officials connected to international organisations and regional trade institutions.

This book studies labour institutions from an economic perspective to justify their existence and the advantages that they bring to innovation, efficiency, productivity, and economic growth. The philosophical foundations of labour law rely on the protection of the weaker party of the employment contract. However, after 40 years of political neoliberalism, these justifications seem insufficient for achieving progress in the area of labour and employment rights. This book changes the narrative of why we need labour standards. It begins with a study of the reasons that gave rise to labour law in the context of the Industrial Revolution and its evolution, and moves on to analyse the current context dominated by globalisation and economic digitisation. It then proceeds to study the main justifications for intervention in the labour market in the current business-economic context on a global scale: economic growth; pre-distribution of wealth; a meritocratic allocation of working conditions and equality among workers. Using case studies and examples from across the EU, the UK, and the US, the book shows how the deregulation of labour markets harms innovation and the economy, especially when considering the challenges of platform work, algorithms, and AI. It demonstrates that labour standards such as the minimum wage, sectoral collective bargaining and collective rights, protection against dismissal and discrimination, occupational risk prevention, and social security are necessary for the economy to function properly.

The work collects the scientific products created as part of the research project “Stability and flexibility in Labor Law reforms. Europe and Latin America”, proposed by Sapienza professors and researchers with the contribution of scholars from various European and Latin American countries. The primary objective of the work is to investigate the social and organizational transformations that have affected both the internal and external balances of the employment relationship to the point of modifying the very traits characterizing the labour market. The structure of the work reflects the research paths developed in order to achieve the results of the project. Therefore, a first part is dedicated to the perspective of the Italian legal system regarding the flexibility of employment relationships; the three central nuclei contain, however, a comparative analysis of the phenomenon with the Argentine, Brazilian and Spanish legal systems. Finally, the last section deals, also from a psychological perspective, with the theme of temporary work.

The innovation economy is the driver for the development of the Fourth Industrial Revolution and consequently, there is a growing focus on innovation in general and technological innovation in particular. In this context, there is much to suggest that it is the triple impact of artificial intelligence, big data and 5G- and 6G networks that will go beyond the limits of existing competence. This book is about the new competence that is emerging in the wake of artificial intelligence and intelligent robots. It explains how these two technologies are completely fundamental to what is known as the Fourth Industrial Revolution. The author argues that artificial intelligence will promote automation, which will reduce wages rather than increase unemployment statistics. The book posits that when the utility value of technology and the rate of dissemination of technology is high, people who have the necessary competence will both future-proof their jobs in the labour market and also be among the highest-paid workers in the new economy that is emerging from the innovation economy. Further, by making education more compatible with new technology will enable graduates to access more secure and better paid jobs, and all behavioural fields related to new technology will flourish because they can be used in many contexts to steer peoples behaviour in certain directions through the integration of big data and artificial intelligence. The book employs the following scholarly methods: conceptual generalization, scenario-based thinking and historical economic methodology, thus it will be of particular benefit to academic scholars, researchers and graduate students who are concerned with the impact of the fourth industrial revolution on the labour market.

This book examines the role of law in regulating and influencing the lived experiences of posted workers in Europe. The ‘posting’ of workers is an unusual type of labour mobility, where workers are hired out to provide a specific service in another country. Although it involves a specialised area of law, it is one that serves as a magnifying glass for the long-standing tension between the economic and social dimensions of law’s regulatory role. As an atypical form of labour migration, posting also touches upon broader themes concerning the role and purpose of labour law in a changing world of work. Taking up these themes through interviews with posted workers, lawyers and employers, the book adopts a sociolegal approach to consider how the law shapes the precarious lived experiences of posted workers in Europe. Giving voice to those with first-hand experience, the book goes on to propose solutions that might address the precarity of posted work. This book will be of interest to scholars, researchers and practitioners working in the areas of labour law, sociolegal studies, EU law, and migration.

The challenges that labour law currently faces are well known. The emergence of new forms of work and the growing importance of technology in the age of the Fourth Industrial Revolution are important tests of the resilience of this field of law and its function: regulating the labour market. Therefore, it is becoming increasingly important to examine the fundamentals of labour law, especially how subordinate labour is addressed in various countries' constitutions, in order to focus the analysis of the new phenomena affecting labour relations on their fundamental frameworks. In this context, this book puts forward an overarching framework that reflects how the Italian, German, French, Portuguese, and Spanish constitutions view labour in terms of both collective and individual relations - particularly the right to collective bargaining, the right to strikes and lock-outs, job security, and the right to remuneration - without losing sight of each Constitution's historical and political context. The aim of this book is therefore to provide an overview of the labour law frameworks in the constitutions of these legal systems and to show, by means of practical examples, how the law concretely implements them. Accordingly, it provides notes on the legal treatment of the topics analysed, serving as a practical guide for the study of these matters in the respective jurisdictions. This book will be of interest to all students and scholars of labour law looking for an overview of the topics covered in all five jurisdictions.

The presence of migrant workers has become a central feature of labour markets in highly developed countries. The International Labour Organisation estimates that in 2013 there were 112 million resident migrant workers in the 58 highest-income countries, who made up 16% of the workforce. Non-resident workers have also increasingly become part of the labour available for employment in other states, often on a temporary basis. This work takes a thematic and comparative approach to examine the profound implications of contemporary labour migration for employment law regimes in highly developed countries. In so doing, it aims to promote greater recognition of labour migration-related questions, and of the interests of migrant workers, within employment law scholarship. The work comprises original analyses by leading scholars of migration and employment law at the European Union level, and in Australia, Canada, Germany, Italy, the Netherlands, Spain, the United Kingdom and the United States. The specific position of migrant workers is addressed, for example as regards equality of treatment, or the position in employment law of migrant workers without a right to work. The work also explores the effects of migration levels and patterns upon general employment law - including the law relating to collective bargaining, and remedies against exploitation.

This open access book explores the EU regulatory framework to measure in-work poverty and reduce its impact on different groups of workers in the labour market. Its innovative approach links the enhancement of social rights with the full realisation of EU citizenship entitlements and values. For almost two decades, EU countries have experienced rampant inequalities as well as the varied spread of in-work poverty, both around Europe and within national labour markets. Without the realistic prospect of EU citizens earning a decent living, the substantive content of EU citizenship itself could be put in jeopardy. Following an in-depth scrutiny of the main policy options at both EU and national levels to reduce the number of working poor, this invaluable resource provides a theoretical reflection on the role of legislation and socio-fiscal welfare in contemporary labour markets.

À l'heure où l'on s'interroge sur l'évolution et la place du travail, la qualité de vie et des conditions de travail (QVCT) devrait être une priorité stratégique dans les transformations à l'œuvre du monde du travail. Le télétravail, l'hybridation, la digitalisation du travail bousculent en profondeur la nature des tâches réalisées, leur faisabilité, leur qualité et leur sens. Comment replacer l'humain au cœur du dessein de l'entreprise ? Comment mieux identifier les symptômes du mal-être au travail et comment en traiter les causes ? Comment piloter une politique de prévention et réagir à bon escient ? À partir de définitions pratiques, de témoignages et d'exemples, ce livre offre une grille de lecture innovante qui permettra de s'approprier ce sujet complexe et passionnant. Il propose des pistes pour offrir un cadre de protection adapté à chaque entreprise. Dirigeants, responsables des ressources humaines, représentants du personnel, mais aussi managers de proximité, chaque partie prenante de l'entreprise a plus que jamais un rôle à jouer dans le développement d'une bonne qualité de vie au travail.

Very Short Introductions: Brilliant, Sharp, InspiringIn today's society, work takes up a vast proportion of the time and energy of ordinary people. Although use of the phrase 'work-life balance' is now commonplace in the media and ordinary conversation, people work longer hours than ever before. However, rather than purely a means to an end in termsof supporting oneself financially, the workplace is a place to develop skills and talents and build lasting friendships. For these reasons, people want to know about their rights in the workplace. Issues of equal pay, discrimination, discharge/dismissal, and redundancy are prevalent within themedia, and there is a growing public appetite for knowledge of the law governing the employment relationship.This Very Short Introduction provides an overview of the main kinds of employment rights and labour laws found in many countries. It unpicks and evaluates some of the assumptions underpinning contemporary attitudes to such rights and laws in order to measure whether they are warranted. Throughout italso considers the economic, political, sociological, and social justifications for employment rights and laws.

,,Wenn Du Frieden willst, sorge für Gerechtigkeit" steht in lateinischen Worten auf dem Grundstein des ersten Gebäudes der Internationalen Arbeitsorganisation (bekannt als ILO, deutsch: IAO), die vor mehr als 100 Jahren als Teil des Friedensvertrags von Versailles gegründet wurde. Ihre Geschichte und besondere Struktur sind im System der Vereinten Nationen einzigartig, ihre gesellschaftlich-dialogische Ausrichtung ist heute relevanter denn je. Das Buch beschreibt Zielsetzungen, politische Lernprozesse und Herausforderungen der IAO und stellt diese in den Kontext der Diskussionen um eine friedensförderliche, global nachhaltige Arbeits- und Wirtschaftspolitik.