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The Cambridge Handbook of Technological Disruption in Labour and Employment Law
Whether through gig work, remote work, or platforms such as Uber, new technologies are reshaping the very fabric of employment relations. This handbook offers a comprehensive, international overview of how institutions, countries, and legal systems are responding to the technological disruption of the work world. Chapters outline the reform agendas driven by the International Labour Organization and the European Union and detail the public policy debates, litigation, and legal reforms that technological innovation has triggered around the world. This volume provides a post-pandemic assessment of how digitalization is affecting employment and employment relations and contextualizes current technological disruption with a long-term view of how labour and employment law could evolve further.
Employment and Vulnerabilities in the World of Orchestral Musicians: Symphonic Metamorphoses
The state subsidies and philanthropy that traditionally allowed orchestras to flourish have greatly diminished in the wake of recent financial crises and the COVID-19 pandemic. As in other fields affected by the precarious labor arrangements prevalent in the world of work today, it is the employees and freelancers—in this case, the musicians themselves—who suffer most. In this deeply knowledgeable and provocative book, a highly acclaimed scholar who combines the roles of law professor, music journalist, and orchestral violinist presents the first major legal study to focus on labor relations and the institutional dynamics at play within orchestras. Drawing on personal interviews with mor...
The Legal Construction of Personal Work Relations
This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.
A Purposive Approach to Labour Law
This volume explores the societal goals behind labour laws - through an analysis of normative justifications and critiques - and examines what actions are needed to better advance these goals, by way of purposive interpretation and legal reform.
Social Responsibility in Labour Relations
Since 1945, socially moderated market economies have formed the cornerstone of the European socioeconomic model. Now, however due to powerful global economic, political and demographic tendencies tensions between social and economic interests and values are increasing. These developments create an urgent need for answers, actions and measures on the European level. This wide-ranging but focused collection of essays approaches this important trend from multiple perspectives. Compiled in honour of the major European labour law scholar Teun Jaspers, it encompasses a broad spectrum of analyses and insights by forty-one distinguished contributors from seven countries. Four major tensions are iden...
The European Convention on Human Rights and the Employment Relation
The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the...
Trade Union Rights at the Workplace
"For employees, collective protection has never been more urgent. Everywhere, pressures resulting from worldwide competition and technical innovation are downgrading and relocating jobs, closing companies, and fuelling workers' fears of less-than-secure working conditions, de-qualification, and job loss. More and more, trade unions confront the challenge of asserting their rights across borders. However, in order to establish the necessary preconditions for any transnational solidarity, it is necessary to define and clarify both what is distinctive and what is fundamental in the different legal frameworks affecting trade union activity. That is what this book sets out to do. The essays prese...
Rethinking Workplace Regulation
During the middle third of the 20th century, workers in most industrialized countries secured a substantial measure of job security, whether through legislation, contract or social practice. This “standard employment contract,” as it was known, became the foundation of an impressive array of rights and entitlements, including social insurance and pensions, protection against unsociable working conditions, and the right to bargain collectively. Recent changes in technology and the global economy, however, have dramatically eroded this traditional form of employment. Employers now value flexibility over stability, and increasingly hire employees for short-term or temporary work. Many count...
Domestic Workers in Saudi Arabia and the Emirates
Page 1 opens with a jarring turn: "Filipina domestic worker, employed in Riyadh: 'Really they are good to me. If I say I need rest, they give me rest.' [And if they were not so good to you, if you would have some problem with your employer, where would you go?] 'Madam, I cannot go anywhere, I am not allowed to go outside. I cannot go to the embassy. I will just cry in my room and pray.'" This book explores the duality and conflicts faced by the desperate employee far from home, having signed a contract written in Arabic, her passport held by her employer, and with limited power as a woman to be a witness in court against a man. DOMESTIC WORKERS IN SAUDI ARABIA AND THE EMIRATES is a new socio...
