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The Protection of Working Relationships
In recent years it has become clear that many businesses, motivated by avoiding the rigidity and the price tag associated with labour law and social security, have succeeded in eroding the protection of labour law by creating numerous categories of workers classified as non-employees. In 1996 the International Labour Organisation (ILO) adopted Recommendation 198, which asks its Members to undertake action to reduce 'disguised' employment relationships, with the goal of ensuring that those actually working in an employment relationship are actually given the corresponding legal status. Though these are - from a legal approach - two conceptually different phenomena, they are closely related fr...
Less Than a Human
Migrants in irregular situations are confronted with dangerous circumstances during their journeys toward Western countries and upon their arrival in those countries of destination. While continuously disputed by social and political forces, migrants and their children continue to live an isolated life in our communities, facing discrimination, abuse, and labour exploitation. Courts and tribunals in our societies try to make sense of this human mobility by sorting out basic human rights and economic privileges in a way which is too revolutionary for conservative parties and too slow and unfair for human rights activists. This book focuses on the issue of human rights protection of migrants i...
Health at Work, Ageing and Environmental Effects on Future Social Security and Labour Law Systems
This volume analyses the most important problems and challenges that health, age and the environment introduce in the labour market, and how these factors affect both the way people work and their rights. The contributions here focus on the main challenges for social security systems, lawmakers and trade unions, and provide important solutions to improve workers’ rights and guarantee the viability of public social security systems. Other topics analysed here include dress-codes and whistleblowing in companies. From the labour point of view, workers’ representatives and trade unions must take action in collective bargaining to deal with these topics and adequately protect the workforce. The authors here are drawn from countries such as Hungary, Portugal, Spain, Italy, Poland, Brazil and Colombia, providing a global perspective. The book will appeal to lawyers, legal and human resources experts, economists, judges, academics and staff from trade unions and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (13), English (7) and Portuguese (2).
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 New Spirit of Capitalism
A century after the publication of Max Weber's The Protestant Ethic and the "Spirit" of Capitalism , a major new work examines network-based organization, employee autonomy and post-Fordist horizontal work structures.
The New Spirit of Capitalism
In this major work, sociologists Luc Boltanski and Eve Chiapello go to the heart of the changes in contemporary capitalism. Via an unprecedented analysis of the latest management texts that have formed the thinking of employers in their reorganization of business, the authors trace the contours of a new spirit of capitalism. They argue that from the middle of the 1970s onwards, capitalism abandoned the hierarchical Fordist work structure and developed a new network-based form of organization that was founded on employee initiative and autonomy in the workplace-a "freedom" that came at the cost of material and psychological security. The authors connect this new spirit with the children of th...
The Oxford Handbook of the Law of Work
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 ...
The Transnationalized Social Question
The social question is back. Yet today's social question is not primarily between labour and capital, as it was in the nineteenth century and throughout much of the twentieth. The contemporary social question is located at the interstices between the global South and the global North. It finds its expression in movements of people, seeking a better life or fleeing unsustainable social, political, economic, and ecological conditions. It is transnationalized not only because migrants and their significant others entertain ties across the borders of national states, staying in touch with family and friends, receiving or sending financial remittances in transnational social spaces. Also of impor...
Work and Labour Relations in Global Platform Capitalism
This engaging and timely book provides an in-depth analysis of work and labour relations within global platform capitalism with a specific focus on digital platforms that organise labour processes, known as labour platforms. Well-respected contributors thoroughly examine both online and offline platforms, their distinct differences and the important roles they play for both large transnational companies and those with a smaller global reach.
General Principles for Business and Human Rights in International Law
In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers an overview of the relevance of general principles of law in the multifaceted discourse on business and human rights. What are the implications of the state duty to protect human rights in good faith and to guarantee victims of corporate human rights violations access to justice? Can general principles of law, such as abuse of rights, due diligence, and estoppel provide a source of obligations for companies that is relevant to human rights protection? Has an autonomous principle on corporate liability developed in international law? These are the questions at the core of this monograph, which seeks the answers in the normative foundations of public international law.
