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Millions of domestic workers experience exploitation in the privacy of their employers’ homes; also in South Africa they are to a large extent beyond the reach of legal protection. This book sums up four years of research on ways of realising their rights. It highlights their essential role, both as care-givers and in enabling their employers to work outside the home. Against the background of the Constitution and international law it examines ways of adapting the legal framework as well as alternative mechanisms, including new forms of organisation, for translating basic rights into effective regulation.
This book brings together a set of contributions that examine the complexities associated with domestic work by highlighting not only the legal issues but also exploring the social, psycho-social, economic, and cultural dimensions of domestic work. The book aims to ignite a collective effort towards ensuring decent work for domestic workers and facilitate a public debate on their rights. It includes discussions on the issue of social justice with special emphasis on invisibilization and undervaluation of domestic work, feminization of domestic work, and recognizes the rights of domestic workers as human rights. The issues covered in this book bridge the gap between legal and social dimensions of domestic work and address the discrimination faced by domestic workers in a holistic manner. Given its scope, the book would appeal to both academics (law as well as social science) and non-academics. It will be a useful tool for teachers, students, practitioners, policy-makers and civil society organizations working for the unorganized sector.
Adelle Blackett tells the story behind the International Labour Organization's (ILO) Decent Work for Domestic Workers Convention No. 189, and its accompanying Recommendation No. 201 which in 2011 created the first comprehensive international standards to extend fundamental protections and rights to the millions of domestic workers laboring in other peoples' homes throughout the world. As the principal legal architect, Blackett is able to take us behind the scenes to show us how Convention No. 189 transgresses the everyday law of the household workplace to embrace domestic workers' human rights claim to be both workers like any other, and workers like no other. In doing so, she discusses the importance of understanding historical forms of invisibility, recognizes the influence of the domestic workers themselves, and weaves in poignant experiences, infusing the discussion of laws and standards with intimate examples and sophisticated analyses. Looking to the future, she ponders how international institutions such as the ILO will address labor market informality alongside national and regional law reform. Regardless of what comes next, Everyday Transgressions establishes that domestic workers' victory is a victory for the ILO and for all those who struggle for an inclusive, transnational vision of labor law, rooted in social justice.
All over the world countries face the challenge of inadequate social security coverage for workers without an employment contact. In countries of the global south, this phenomenon is a natural consequence of large informal economies. Countries in the global north increasingly witness the same issue, due to growing labour market flexibility (flex contracts, dependent self-employment, digitization of labour). In this book authors from both hemispheres exchange insights, experiments and practices with the intention of finding better ways to deal with the social security challenges facing workers.
The editors’ substantive introduction and the specially commissioned chapters in the Handbook explore the emergence of transnational labour law as a field, along with its contested contours. The expansion of traditional legal methods, such as treaties, is juxtaposed with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international and regional institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law’s capacity to build bridges, including on migration, climate change and development.
This book highlights the gains that a citizenship approach offers to the study of democracy in Indonesia, demonstrating that the struggle for citizenship and the historical development of democracy in the country are closely interwoven. The book arises from a research agenda aiming to help Indonesia’s democracy activists by unpacking citizenship as it is produced and practiced through movements against injustice, taking the shape of struggles by people at grassroots levels for cultural recognition, social and economic injustice, and popular representation. Such struggles in Indonesia have engaged with the state through both discursive and non-discursive processes. The authors show that while the state is the common focal point, these struggles are fragmented across different sectors and subject positions. The authors thus propose that developing chains of solidarity is highly important to motivating a democracy that not only has sovereign control over public affairs, but also robust channels and organisations for political representation. In advocating the development of transformative agendas, organisations, and strategies as an important need, and an enduring challenge, for the realization of citizenship, this book is timely and relevant to the study of contemporary Indonesia's socio-political landscape. It is relevant to students and scholars in political science, anthropology, sociology, human geography and development studies.
Platform work – the matching of the supply of and demand for paid labour through an online platform – often depends on workers who operate in a “grey area” between the archetype of an employee and a self-employed worker. This important book explores the utility of the International Labour Organization’s existing standards in governing this phenomenon. It indicates that despite their relevance, many standards have little or no impact. The standards apply to the issue but they fail to connect with it. The author shows how three ILO conventions – the Home Work Convention, 1996 (No. 177), the Private Employment Agencies Convention, 1997 (No. 181), and the Domestic Workers Convention, 2011 (No. 189) – can be revitalised to have an impact on the platform work debate. In the course of the analysis he responds in depth to such questions as the following: What are digital labour platforms? What does decent work mean? Did the ILO centenary fundamentally change anything? What is the link between private employment services and platform work? How do crowdworkers relate to homeworkers and teleworkers? Are platform workers engaged in domestic work? What form could a future ILO standard on platform work take? Given that the ILO plans to start discussions on a potential future standard for platform work in 2022, this book will prove very useful in highlighting the issues and standards that such discussions should consider. Research has shown that the techniques and tools of the platform economy have spread far beyond gig work, resulting in widespread “gigification” and restructuring of workplace behaviours and relationships, jobs, and communities across the world. For this and other reasons, including the book’s detailed analysis of issues not addressed elsewhere, labour lawyers, in-house counsel, researchers, and policymakers will gain valuable insight into what decent work in the platform economy would require, thus greatly broadening the discussion on this difficult-to-regulate phenomenon.
EPDF and EPUB available Open Access under CC-BY-NC licence. Drawing from the EU-funded DomEQUAL research project across 9 countries in Europe, South America and Asia, this comparative study explores the conditions of domestic workers around the world and the campaigns they are conducting to improve their labour rights. The book showcases how domestic workers’ movements put ‘intersectionality in action’ in representing the interest of various marginalized social groups from migrants and low-income groups to racialized and rural girls and women. Casting light on issues such as subjectification, and collective organizing on the part of a category of workers conventionally regarded as unorganizable, this ambitious volume will be invaluable for scholars, policy makers and activists alike.
For forty years the international watchword has been deregulation of labour law and of social security. Now, however, the rise in unemployment and lack of employment security, the dizzying inequality gulf, and the environmental disasters and mass migrations caused by this deregulation are generating an impetus that defines social justice no longer merely in terms of the equitable distribution of resources, but also – and often primarily – in terms of the just recognition of persons. This collection of incisive essays recognizes that the growing interdependence of all of the people of the earth demands that labour rights are understood as an aspect of human rights, and thus envisaged at the international level. Contributions by twenty outstanding labour law scholars from a range of countries worldwide provide in-depth analysis of such aspects of the debate as the following: – collective action in the interests of market effectiveness as well as fair outcomes for workers; - right to strike; - resilience of trade unions and collective bargaining as mechanisms of labour market regulation; - importance of national policy, despite the influence of global market forces, in shaping national outcomes; - work as the locus of the relationship between humans and nature; - search for a legal foundation for corporate social responsibility; - litigation as an alternative to collective bargaining; - the role of collective labour relations for immigrants and disabled people; - lessons that developed countries could learn from mechanisms pioneered in developing countries in coping with conditions of austerity; and - the trap of soft law and of declarations of intent that weigh lightly in the face of the power of the interests at play in international trade. The essays take stock of the dimensions of the current situation and also explore paths leading to a better achievement of social justice in labour law. These essays recognize that economic development and the pursuit of social justice are interwoven in a quest for social progress that includes mechanisms designed to eliminate unjustifiable inequality. For lawyers and other parties committed to the emerging political will to not only respect fundamental rights, but more broadly improve labour and environmental protection, this book opens abundant avenues that can be pursued in practice and in policy. The volume is based on a selection of papers presented at the 21st World Congress of the International Society for Labour and Social Security Law in Cape Town in 2015.
Learning and identity development are lifetime processes of becoming. The construction of self, of interest to scholars and practitioners in adult development and adult learning, is an ongoing process, with the self both forming and being formed by lived experience in privileged and oppressive contexts. Intersecting identities and the power dynamics within them shape how learners define themselves and others and how they make meaning of their experiences in the world. The series, I Am What I Become: Constructing Identities as Lifelong Learners, is an insightful and diverse collection of empirical research and narrative essays in identity development, adult development, and adult learning. The purpose of this series is to publish contributions that highlight the intimate and intricate connections between learning and identity. The series aims to assist our readers to understand and nurture adults who are always in the process of becoming. We hope to promote reflection and research at the intersection of identity and adult learning at any point across the adult lifespan. The rich array of qualitative research designs as well as autobiographic and narrative essays transform and expand our understanding of the lived experience of people both like us and unlike us, from the U.S. and beyond. Identity and Lifelong Learning: Becoming through Lived Experience, Volume Two of the series, focuses on identity and learning within informal settings and life experiences. The contributions showcase the many ways that identity development and learning occur within cultural domains, through developmental and identity challenges or transitions in career or role, and in a variety of places from assisted living facilities to makerspaces. These chapters highlight identity and learning across the adult lifespan from millennials and emerging adults to midlife and older adults. The authors examine cultural, relational and social identity exploration and learning in international contexts and within marginalized communities. This volume features phenomenological and ethnographic qualitative studies, autoethnographies, case studies, and narratives that engage the reader in the myriad ways that adult development, learning, and identity connect and influence each other. Praise for: Identity and Lifelong Learning: Becoming Through Lived Experience "We all pay lip service to the importance of lifelong learning, but what is it exactly and how does it come about? The connections between identity and learning are intriguing and complex, especially when it comes to adult learners. In this very thoughtfully organized collection, researchers present qualitative and narrative studies, along with personal narratives, to explore identity development in formal and informal learning environments. Contributions from varied cultural contexts, most with powerful and moving stories to tell, provide insight into how identity, meaning-making, and adult learning and development intersect and influence each other. Psychologists, scholars and educators interested in identity development and meaning-making will find inspiration and fresh understanding in this innovative and enlightening series." Ruthellen Josselson Author of Paths to Fulfillment: Women’s Search for Meaning and Identity "This innovative series on adult development is inspiring and substantive. We hear voices from the margins and stories of courage. We read identity-formation narratives by young adults and experienced professionals who share impressive capacities for transparency, vulnerability, and self-reflection. Many of the narratives are embedded in rigorous qualitative research that highlights diverse ways that identity is shaped through social positionality, lived experience, the quest for individuation, and willingness to encounter life as a dynamic learning process." Jared D. Kass, Lesley University Author, of A Person-Centered Approach to Psychospiritual Maturation: Mentoring Psychological Resilience and Inclusive Community in Higher Education