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This comprehensive guide to the impact of the Human Rights Act on UK employment law addresses the basic concepts of convention law and provides a summary of the key convention rights.
Collection of papers on the proposition that workers' rights are human rights and how they relate to labour activism and advocacy in a market-driven global economy. Considers health and safety at the workplace, child labour, freedom of association, protection of migrant and forced labour, human rights from a corporate perspective, employment discrimination, etc., referring to the situation in the United States and other industrial countries, and elsewhere. Includes an ILO contribution, co-authored by Barbary Murray, entitled "Human rights of workers with disabilities".
The very existence of an employment relationship places the human rights of a worker at risk. Employers can, and frequently do, exercise their managerial and disciplinary powers in a manner that interferes with the most fundamental rights of the individual worker. Adequate safeguards against such infringements are necessary if individuals are to receive full protection of their rights. This book examines how far the labour laws of England and Wales offer such guarantees, with a particular focus on dismissal law. The chapters reflect on the relationship between employment, labour, and human rights before conducting a detailed and critical analysis of the scope, shape, and application of domestic employment law. The framework for evaluation is drawn from the case law of the European Court of Human Rights, as it develops a principled and tailored approach to how the rights contained in the European Convention on Human Right should be enforced in working relationships. Statutory mechanisms, such as the law of unfair dismissal, and common law causes of action are examined and found to be lacking in their capacity to vindicate and enforce the human rights of workers. This book culminates in the proposal and elaboration upon an innovative solution, the Bill of Rights for Workers, that would draw on the successes of human rights and labour law instruments to render the Convention rights directly enforceable in the relationship between a worker and their employer.
Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Key topics include evaluation of the role of the ILO in developing and promoting internationally recognized labour rights, and the examination of the meaning of the obligation of business to respect human rights, considering the evolution from international soft law to incorporation in codes of conduct and the emerging requirement of due diligence.
Concerns associated with globalisation of markets, exacerbated by the 'credit crunch', have placed pressure on many nation states to make their labour markets more 'flexible'. In so doing, many states have sought to reduce labour standards and to diminish the influence of trade unions as the advocates of such standards. One response to this development, both nationally and internationally, has been to emphasise that workers' rights are fundamental human rights. This collection of essays examines whether this is an appropriate or effective strategy. The book begins by considering the translation of human rights discourse into labour standards, namely how theory might be put into practice. The remainder of the book tests hypotheses posited in the first chapter and is divided into three parts. The first part investigates, through a number of national case studies, how, in practice, workers' rights are treated as human rights in the domestic legal context. These ten chapters cover African, American, Asian, European, and Pacific countries. The second part consists of essays which analyse the operation of regional or international systems for human rights promotion, and their particular relevance to the treatment of workers' rights as human rights. The final part consists of chapters which explore regulatory alternatives to the traditional use of human rights law. The book concludes by considering the merits of various regulatory approaches.
"An A-Z reference encyclopedia, with more than 200 entries defining and explaining employment and labor law topics. The entries combine a summary of the law with real life case references, pop culture references, and statistics and trends"--Provided by publisher.
The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.
Drug testing, surveillance of staff and their communications, attempts to censor the freedom of speech of employees, psychometric or personality testing, and requirements to provide intimate health information irrelevant to work in order to obtain employment or promotion are some of the dubious and perhaps illegal management practices that Toronto lawyer Craig examines in Britain, France, the US, and Canada. He describes how human rights perspectives are being transposed into employment law. US distribution is by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
This book focuses on the neglected yet critical issue of how the global migration of millions of parents as low-waged migrant workers impacts the rights of their children under international human rights law. The work provides a systematic analysis and critique of how the restrictive features of policies governing temporary labour migration interfere with provisions of the Convention on the Rights of the Child that protect the child-parent relationship and parental role in children’s lives. Combining social and legal research, it identifies both potential harms to children’s well-being caused by prolonged child-parent separation and State duties to protect this relationship, which is deliberately disrupted by temporary labour migration policies. The book boldly argues that States benefitting from the labour of migrant workers share responsibility under international human rights law to mitigate harms to the children of these workers, including by supporting effective measures to maintain transnational child-parent relationships. It identifies measures to incorporate children’s best interests into temporary labour migration policies, offering ways to reduce interferences with children’s family rights. This book fills a gap that emerges at the intersection of child rights studies, migration research and existing literature on the purported nexus between labour migration and international development. It will be a valuable resource for academics, researchers and policymakers working in these areas. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003028000, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
Individual Employment Law has been significantly revised and updated to include legislative and caselaw developments from 2000 to 2008. It gives an overview of employment contracts and employment relationships as they are dealt with both by common law and statute, including human rights issues, occupational health and safety, and industrial standards legislation. The book treats obligations of both employers and employees, the enforcement of employment rights in multiple forums, and contains an in-depth examination of termination of employment.