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On the occasion of the official ‘retirement’ of the eminent labour law scholar Antoine Jacobs, a number of his colleagues – themselves well-respected in the field of labour law and industrial relations – have assembled this volume of essays to manifest the breadth and variety of this great professor’s work. The authors pay particular attention to the tension, always present in Jacobs’s critical research, of traditional values with an acute awareness of emerging realities. He approached labour law, not merely as a series of static issues concerning workers and employers, but as an evolving discipline that persistently challenged its socio-political context. Among the wide range of issues considered in this collection – all of them prominent in Jacobs’s work – are the following: the right to work; the right to strike versus the freedom to strike; the role of the European Union in national labour law; transnational collective bargaining; social security issues; labour law and the social teaching of churches; bankruptcy; and more.
The renowned international labour law scholars contributing to this incomparable volume use the term ‘game changers’ to refer to evolutions, concepts, ideas and challenges that are having, or have had, major impacts on how we must understand and approach labour law in today’s global economy. The volume derives from an international conference organized by the Institute for Labour Law at the University of Leuven, Belgium in November 2017. This initiative is pursued in the spirit and with the methods of the late Emeritus Professor Roger Blanpain (1932–2016), a great reformer who continuously searched for key challenges in the world of work and looked as far as possible into the future, engaging in critical reflection and rethinking the design of labour law. While seeking to identify the main game changers, the authors explore new pathways and answers which may help to understand and shape the future of work. This is the 100th of Kluwer’s Bulletin of Comparative Labour Relations, a series Professor Blanpain launched nearly fifty years ago. The contributors address, and reflect on, such vital issues and topics as the following: – the ‘gig’ economy; – core labour law values; – freedom of association; – non-standard employment; – the rise of the service sector; – employment and self-employment; – the European Pillar of Social Rights; – app-based work; – algorithms as controls in the workplace; – collective bargaining rights and the right to strike; – the role of temporary employment agencies; and – termination of the employment relationship. There are also chapters devoted to specific issues in France, Italy, the United Kingdom, Estonia, China and the United States. Roger Blanpain consistently reminded us that labour relations are power relations. Although this book shows that the power balance is tipped towards employers in today’s world, what is nevertheless very clear is that labour law can play a crucial role in re-enlivening equitable outcomes, fairness, decent work and social justice in our contemporary and future societies, and that academia can help to understand, guide and shape that future. For this reason, this book will be invaluable to professionals in labour relations, whether in the academic, policy or legal communities.
This edited collection is the culmination of a comparative project on 'Voices at Work' funded by the Leverhulme Trust 2010 - 2013. The book aims to shed light on the problematic concept of worker 'voice' by tracking its evolution and its complex interactions with various forms of law. Contributors to the volume identify the scope for continuity of legal approaches to voice and the potential for change in a sample of industrialised English speaking common law countries, namely Australia, Canada, New Zealand, UK, and USA. These countries, facing broadly similar regulatory dilemmas, have often sought to borrow and adapt certain legal mechanisms from one another. The variance in the outcomes of any attempts at 'borrowing' seems to demonstrate that, despite apparent membership of a 'common law' family, there are significant differences between industrial systems and constitutional traditions, thereby casting doubt on the notion that there are definitive legal solutions which can be applied through transplantation. Instead, it seems worth studying the diverse possibilities for worker voice offered in divergent contexts, not only through traditional forms of labour law, but also such disciplines as competition law, human rights law, international law and public law. In this way, the comparative study highlights a rich multiplicity of institutions and locations of worker voice, configured in a variety of ways across the English-speaking common law world. This book comprises contributions from many leading scholars of labour law, politics and industrial relations drawn from across the jurisdictions, and is therefore an exceedingly comprehensive comparative study. It is addressed to academics, policymakers, legal practitioners, legislative drafters, trade unions and interest groups alike. Additionally, while offering a critique of existing laws, this book proposes alternative legal tools to promote engagement with a multitude of 'voices' at work and therefore foster the effective deployment of law in industrial relations.
Economic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This bo
This collection brings together perspectives from industrial relations, political economy, political theory, labour history, sociology, gender studies and regulatory theory to build a more inclusive theory of labour law. That is, a theory of labour law that is more inclusive of non-traditional workers (including those in atypical work, or from non-traditional backgrounds); more inclusive of a variety of collective approaches to work regulation that foster solidarity between workers; and more inclusive of interdisciplinary and complex explanations of labour law and its regulatory spaces. The individual chapters speak to this theme of inclusivity in different ways and offer different suggestions for how it might be achieved. They break down the barriers between legal research and other fields, to promote fruitful and integrative conversations across disciplines. In the spirit of inclusivity and intergenerational dialogue, the book blends contributions from early career and emerging scholars with those from leading scholars in the field, featuring critical commentary from senior labour law figures alongside theoretically and empirically informed work.
The global challenges resulting from economic, demographic, ecological changes have led individuals to evaluate the advisability of creating new work identities, adopting a perspective based on social justice and sustainability. In this sense, this book examines the ways and the means through which the principle “labour is not a commodity” has been developed and the practical implications thereof. It will serve to help academics and practitioners in a number of fields to understand the ongoing socio-economic changes and the impact of globalisation today, and to analyze the role of public institutions and private stakeholders operating in the context where this principle is implemented.
Papers presented at the annual conference of the International Club Meeting of Labour Law Periodicals, held at the University of Modena, April 28-29, 2000.
This costs part-time and contract work; the need to support the courier in time and money since the courier one's self through multiple job holdings; and the covers the costs of doing business. [...] Overnight Couriers & Traditional Employment The Nature of Employment in the Courier Core companies such as UPS, Purolator, Canada Industry Post Corporation, and Federal Express account for the majority of those couriers employed in the The following section looks at the terms and overnight/later market. [...] Roger Fontaine of DDAM is an employee for the purposes of minimum explains: employment protections.20 It was only through the advocacy of The purpose of each statute differs and these DDAM, the Workers' Organizing variations play a part in making the employee- Resource Centre and the Canadian independent contractor distinction. [...] For example, Union of Postal Workers in meeting the policy goals of the Income Tax Act are different with the Deputy Minister of Labour from labour standards legislation: and as a result, and Employment Standards that the it might make sense to hold a particular worker government began the consistent ap- to be an employee for the purposes of one but not plication of legal tests to determine if the [...] Research suggests that he had been embarrassed a few months that the more homogenous the group, the more earlier when he and another courier bumped into intense and frequent the interactions within the each other downtown and asked each other the group, and the denser the group members' social company each worked for.
Thirty-three distinguished authorities in the field of labour and industrial relations law gather here to enhance and complement the work of the late Marco Biagi, a man who, at the time of his violent and untimely death, had shown himself to be the most insightful and committed international scholar in this complex and controversial and, as it proved, even dangerous field. The topics covered range over many of Professor Biagi's special interests, including the following: the formulation of a new basis for labour law that could resolve new issues; employee protection in corporate restructuring; the trend toward individual 'enterprise bargaining'; a new European employment policy and what it might entail; the growing phenomenon of 'flexibilisation'; the effects of an aging workforce; the crucial nexus of free trade, labour, and human rights; the promise of EU enlargement; and protection of part-time workers. There is a lot of insight, innovation, and just clear thinking in this wide-ranging and far-reaching book. It will be of exceptional value to scholars, lawyers, and others concerned with the extensive and unpredictable changes under way in today's world of work.