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This work concerns transformation processes in labour relations and in production systems in the 1980s. It describes new industrial and occupational patterns, as well as technological progress and the implications of the end of the Welfare State. Old practices are assessed.
Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.
This book presents a detailed explanation of the essential elements that characterize capital labor relations and the resulting social conflict that leads to repression of labor. It links repression to the class struggle between capital and labor. The starting point involves an historical approach used to explore labor repression after the American Revolution. What follows is an examination of the role of government along with the growth of American capitalism to analyze capital-labor conflict. Subsequent chapters trace US history during the 19th century to discuss the question of the role assumed by the inclusion/exclusion of capital and labor in political-economic structures, which in turn lead to repression. Wholesale exclusion of labor from a fundamental role in framing policy in these institutions was crucial in understanding the unfolding of labor repression. Repression emerges amid a social struggle to acquire and maintain control over policy-making bodies, which pits the few against the many. In response, labor attempts to push back against institutional exclusion in part by the formation of labor unions. Capital reacts to such actions using repression to prevent labor from having a greater role in social institutions. For instance, this is played out inside the workplace as capital and labor engage in a political struggle over the function of the workplace. Given capital’s monopoly of ownership, capital employs various means to repress labor at work, including the introduction of technology, mass firings, crushing strikes, and the use of force to break up unions. The role of the state is not to be overlooked in its support of elite control over production, as well as aiding through legal means the growth of a capitalist economy in opposition to labor’s conception of greater economic democracy. This book explains how and why labor continues to confront repression in the 20th and 21st centuries.
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Why our workplaces are authoritarian private governments—and why we can’t see it One in four American workers says their workplace is a “dictatorship.” Yet that number almost certainly would be higher if we recognized employers for what they are—private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers’ speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. In this compelling book, Elizabeth Anderson examines why, despite all this, we continue to talk as if free markets make workers free, and she proposes a better way to think about the workplace, opening up space for discovering how workers can enjoy real freedom.
Labor in the Time of Trump critically analyzes the right-wing attack on workers and unions and offers strategies to build a working–class movement. While President Trump's election in 2016 may have been a wakeup call for labor and the Left, the underlying processes behind this shift to the right have been building for at least forty years. The contributors show that only by analyzing the vulnerabilities in the right-wing strategy can the labor movement develop an effective response. Essays in the volume examine the conservative upsurge, explore key challenges the labor movement faces today, and draw lessons from recent activist successes. Contributors: Donald Cohen, founder and executive director of In the Public Interest; Bill Fletcher, Jr., author of Solidarity Divided; Shannon Gleeson, Cornell University School of Industrial and Labor Relations; Sarah Jaffe, co-host of Dissent Magazine's Belabored podcast; Cedric Johnson, University of Illinois at Chicago; Jennifer Klein, Yale University; Gordon Lafer, University of Oregon's Labor Education and Research Center; Jose La Luz, labor activist and public intellectual; Nancy MacLean, Duke University; MaryBe McMillan, President of the North Carolina state AFL-CIO; Jon Shelton, University of Wisconsin, Green Bay; Lara Skinner, The Worker Institute at Cornell University; Kyla Walters, Sonoma State University
What will the future of work, social freedom, and employment look like? In an era of increased job insecurity and social dislocation, is it possible to reshape economics along democratic lines in a way that genuinely serves the interests of the community? Of Labour and Liberty arises from Race Mathews’s half-century and more of political and public policy involvement. It responds to evidence of a precipitous decline in active citizenship, resulting from a loss of confidence in politics, politicians, parties, and parliamentary democracy; the rise of "lying for hire" lobbyism; increasing concentration of capital in the hands of a wealthy few; and corporate wrongdoing and criminality. It also questions whether political democracy can survive indefinitely in the absence of economic democracy—of labor hiring capital rather than capital labor. It highlights the potential of the social teachings of the Catholic Church and the now largely forgotten Distributist political philosophy and program that originated from them as a means of bringing about a more equal, just, and genuinely democratic social order. It describes and evaluates Australian attempts to give effect to Distributism, with special reference to Victoria. And with an optimistic view to future possibilities it documents the support and advocacy of Pope Francis, and ownership by some 83,000 workers of the Mondragon cooperatives in Spain. This book will interest scholars and students of Catholic social teaching, history, economics, industrial relations, and business and management.