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Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Key topics include evaluation of the role of the ILO in developing and promoting internationally recognized labour rights, and the examination of the meaning of the obligation of business to respect human rights, considering the evolution from international soft law to incorporation in codes of conduct and the emerging requirement of due diligence.
This unique book offers a comprehensive systematization and overview of the EU´s emerging ‘acquis’ and practice of Collective Labour Law. Although the core aspects of Collective Labour Law lie outside the EU’s competence to regulate, the laws and industrial relations systems of Member States are undoubtedly influenced by the EU, and the involvement of Social Partners, i.e. representatives of employers and workers, is essential for many aspects of EU law and policy.
Labour Law Utopias: Post-Growth & Post-Productive Work Approaches engages with new socioeconomic ideas that look beyond the current growth-driven competitive market economy. Building on analysis of economic growth, as well as the limits of the logic of human productivity and competitivity for workers and the environment, it explores alternative approaches and what those will mean for work in general, and labour law in particular. The concept of 'post-growth' is used to rethink the purpose of the economy by looking beyond merely increasing wealth, consumption, and production, considering what this means for the position of work in society as well as the individual worker. The post-productive ...
Platform work arrangements are often defended as an expression of technological progress with the potential to enable people to work as self-employed individuals, often without any supervision or control. However, by now, it is well-documented that platform work not only shares important features of flexibility and precariousness with other casual work arrangements that are on the rise around the world, but it also entails the risk of excluding a significant portion of workers from the protection of fundamental collective labour rights, including their coverage from collective agreements. In this important and timely book, the author shows how a human rights-based approach (HRBA) towards col...
This book presents the original concept of the ‘dispositif of age’, combining post-Foucauldian analytics of the dispositif, discourse and governmentality with the historical semantics of Reinhart Koselleck to explore the functions of the notion of youth in the regulation of social life. Making use of examples from sources including scientific and media statements, youth policy programmes, and strategies at international (European) and local (Polish) levels, the author shows how this concept of youth supports processes of social regulation and contributes to the implementation of political goals as specific responses to issues such as radicalization and violence, unemployment, and economic crisis. This book will be of interest not only to scholars of discourse and youth studies, but also to all post-Foucauldian researchers with an interest in going beyond simple 'applicationism'.
This comprehensive Handbook explores the complex and volatile debate over globalisation and labour standards. It offers key insights into the impact of globalisation on workers, the obligations of corporations and international legal bodies in protecting workers’ rights and maximising the opportunities offered by international trade and investment.
European labour law has an unmistakable influence on national law. This applies even more to the case law of the European Court of Justice, as it has implications for the application of European law in the Member States and thus the interpretation of national law. This book contains a collection of standard judgments that every labour lawyer must know. In addition, each section contains a number of judgments that are of particular interest to the Dutch legal system or determine the discussion on European labour law. The book is unique because it is the only one that focuses solely on European labour law and because each of the components is introduced with a text in which the judgments are placed in the broader European context. The book is also easy to use for the legal practitioner as it contributes to understanding the judgments and to determining whether and to what extent a particular judgment can be of importance for a case that he/she is dealing with.--
This book addresses the impact of Covid-19 on employment relations and provides a reconstruction and a critical assessment of the measures enacted worldwide to tackle the economic and social crisis triggered by the global health emergency. The pandemic has been a booster of critical issues that for years have been silently shaping society and the labor market and so it can represent an opportunity to relaunch a critical analysis on the future of work. Beginning from this assumption, this book collects contributions from different disciplines, including law, economics and organization theory. It covers topics such as the measures enacted to protect workers’ health and cushion the labour, the new inequalities that emerged during the pandemic and the strategies to construct a sustainable and human-centred development in the post pandemic scenario. It is highly relevant to scholars and students of organisation studies, resilience, the labour market and labour law.
The very existence of an employment relationship places the human rights of a worker at risk. Employers can, and frequently do, exercise their managerial and disciplinary powers in a manner that interferes with the most fundamental rights of the individual worker. Adequate safeguards against such infringements are necessary if individuals are to receive full protection of their rights. This book examines how far the labour laws of England and Wales offer such guarantees, with a particular focus on dismissal law. The chapters reflect on the relationship between employment, labour, and human rights before conducting a detailed and critical analysis of the scope, shape, and application of domes...
Catholic Social Teaching and Labour Law explores the contribution that religious ethics makes to debates on justice in working life. Many faiths include beliefs about the significance of work to human development and the need for work to be performed under conditions that uphold dignity, equality, and solidarity . This book considers how the substantive provisions of labour law reflect prior ethical choices about how workers should be treated, and how beliefs from Catholicism influence these. This book provides a thorough account of the principles found in Catholic Social Teaching (CST), and how these impact human work and labour rights . It tests the contemporary relevance of its principles...