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When discussing exploitation in workplaces, governments typically deploy a rhetoric of personal responsibility: they place attention on employers who take advantage of workers, or on workers who choose non-standard, precarious work arrangements. On this account, the responsibility of the state is to address the harm inflicted by private actors. This book questions that approach and develops the concept of 'state-mediated structural injustice at work': a phenomenon which manifests when legislation that has an appearance of legitimacy, in fact has very damaging effects for large numbers of people and results in structures of exploitation at work. Using a series of examples such as migrant work...
Human rights due diligence (HRDD) has emerged as a dominant frame through which to conceptualise and operationalise responsible business conduct with respect to workers' rights in global supply chains. Legislation mandating HRDD is now found in several European countries and across various national regulatory agendas. Many scholars, practitioners, and activists are actively calling for further legalisation, believing that this will broaden respect for human rights. Yet to date, there has been little sustained scholarly analysis from a labour rights perspective. Observing that HRDD, as originally articulated in the UN Guiding Principles on Business and Human Rights, is open to multiple interp...
The Oxford Labour Law series has come to represent a significant contribution to the literature of British, European, and international labour law. The series recognizes the arrival not only of a renewed interest in labour law generally, but also the need for fresh approaches to the study of labour law following a period of momentous change in the UK and Europe. The series is concerned with all aspects of labour law, including traditional subjects of study such as collective labour law and individual employment law. It also includes works that concentrate on the growing role of human rights and the combating of discrimination in employment, and others that examine the law and economics of the labour market and the impact of social security law and of national and supranational employment policies upon patterns of employment and the employment contract. Book jacket.
Shaping Contracts for Work provides an in-depth examination of the common law's role in shaping employment contracts through the mechanism of implied terms. It constructs a theory which views the nature of the employment contract as distinct from other types of work contract. Terms implied by law into employment contracts, as well as their potential to operate in other non-standard contracts for the performance of work, are critically examined by reference to the test that courts adopt when they are asked to imply such terms. In part one, Golding provides an overarching survey of the law which governs express and implied terms in contracts. In doing so, she considers the broader judicial rol...
The Oxford Labour Law series has come to represent a significant contributions to the literature of British, European, and international labour law. The series recognizes the arrival not only of a renewed interest in labour law generally, but also the need for fresh approaches to the study of labour law following a period of momentous change in the UK and Europe. The series is concerned with all aspects of labour law, including traditional subjects of study such as collective labour law and individual employment law. It also includes works that concentrate on the growing role of human rights and the combating of discrimination in employment, and others that examine the law and economics of the labour market and the impact of social security law and of national and supranational employment policies upon patterns of employment and the employment contract. Book jacket.
Panoramic and provocative in its scope, this handbook is the definitive guide to contemporary issues associated with male sex work and a must read for those who study masculinities, male sexuality, sexual health, and sexual cultures. This groundbreaking volume will have a powerful impact on our understanding of this challenging, elusive subject. While the internet has brought the previously hidden worlds of male sex work more starkly into public view, academic research has often remained locked into descriptions of male sex workers and their clients as perverse. Drawing from a variety of regions, the chapters provide insights into the historical, popular cultural, social, and economic aspect...
From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set of areas related to labour law: 'modern slavery', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive...
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.
This book offers a roadmap for the future development of age discrimination law in common law countries to better address workplace ageism. It critically considers how the suggested four-fold model of reform might address the limits of existing laws and the practical measures necessary to ensure their success.
This textbook combines pioneering feminist and queer judgments and statutes with critical and intersectional theories, to provide a comprehensive overview of the field of gender, sexuality and law. A diverse range of socio-legal experts set out the theoretical and legal foundations of the topic, before examining the ongoing struggle for rights and contemporary dissenting voices.